GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H D
HOUSE DRH60023-SHz-26* (04/01)
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Short Title: Update Long-Term Care Statutes. |
(Public) |
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Sponsors: |
Representatives Farmer-Butterfield, Pierce, Weiss, and England (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to update and clarify North Carolina's General Statutes on Older Adults and Long-Term Services and supports, as recommended by the north carolina study commission on aging.
Whereas, the North Carolina General Assembly is committed to having North Carolina recognized as a leader in supporting long-term services and supports; and
Whereas, the State is building on the following federal and State supported person-centered initiatives: aging and disability resource centers or Community Resource Connections for Aging and Disabilities, evidence-based health promotion, caregiver supports for persons with Alzheimer's disease, lifespan respite programs, consumer-directed care, transitional care, and promotion of community living for persons who might otherwise become Medicaid eligible if placed in a skilled nursing facility: Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. Part 14A, Article 3, Chapter 143B of the General Statutes reads as rewritten:
"Part 14A. Policy Act for
the Aging. Older Adults.
"§ 143B-181.3.
Statement of principles. Older adults findings; policy.
To utilize effectively the resources of our State, to
provide a better quality of life for our senior citizens, and to assure older
adults the right of choosing where and how they want to live, the following
principles are hereby endorsed:
(a) The North Carolina General Assembly finds the following:
(1) Older people adults
should be able to live as normal a life independently as
possible. possible, and to live free of abuse, neglect, and
exploitation.
(2) Older adults
should have a choice of life styles lifestyles which will allow
them to remain contributing members of society for as long as possible.
(3) Preventive and primary health care are necessary to keep older adults active and contributing members of society.
(4) Sufficient
opportunities for Appropriate training in gerontology and geriatrics
should be developed and readily available for individuals serving older
adults.
(5) Transportation
to meet daily needs and to make accessible a broad range of services should be provided
available so that older persons adults may realize
their full potential.
(6) Services for
older adults should be person-centered and coordinated so that all
their an individual's needs can be served efficiently and
effectively.efficiently, effectively, and in the least restrictive
environment.
(7) Information should
be readily available in each county on all programs and services for
older adults. citizens and advocacy for these services should be
available in each county.
(8) Increased employment opportunities for older adults should be made available.
(9) A variety of
housing options should be available in each county. Options in housing
should be made available.
(10) Older adults and their
caregivers should have input in the planning and evaluation of programs and
services for older adults, and they should have opportunities to advocate for
these programs and services. Planning for programs for older citizens
should always be done in consultation with them.
(11) The State should aid assist
older people adults who desire to remain as independent as
possible to help themselves and should encourage and support families
in caring for their older members.
(b) It is the policy of the State to effectively utilize its resources to support and enhance the quality of life for older adults in North Carolina."
SECTION 2. Part 14B, Article 3, Chapter 143B of the General Statutes reads as rewritten:
"Part 14B. Long-Term Care.Services and Supports.
"§ 143B-181.5.
Long-term care services and supports - findings. policy.
The North Carolina General Assembly finds that the aging of
the population and advanced medical technology have resulted in a growing
number of persons who require assistance. long-term services and
supports. The primary resource for long-term care provision assistance
continues to be the family and friends. However, these traditional
caregivers are increasingly employed outside the home. There is growing demand
for improvement and expansion of home and community-based long-term care
services to support and services and supports to complement the services
care provided by these informal caregivers.
The North Carolina General Assembly further finds that the
public interest would best be served by a broad array of long-term care services
and supports that support enable persons who need such
services to remain in the home or in the community whenever practicable
and that promote individual autonomy, dignity, and choice.autonomy
and dignity as these individuals exercise choice and control over their lives.
The North Carolina General Assembly finds that as other long-term
care service and support options become more readily available,
the relative need for institutional care will stabilize or decline
relative to the growing aging population.population of older adults
and people living with disabilities. The General Assembly recognizes,
however, that institutional care will continue to be a critical part of the
State's long-term care service and support options and that such
services should promote individual dignity, autonomy, and a home like
environment."
"§ 143B-181.6. Purpose and intent.
It is the North Carolina General Assembly's intent in the
State's development and implementation of long-term care policies that:The
development and implementation of policies for long-term services and supports
should reflect the intent of the North Carolina General Assembly as follows:
(1) Long-term care
services and supports administered by the Department of Health and
Human Services and other State and local agencies shall include a balanced
array of health, social, and supportive services that are well coordinated
to promote individual choice, dignity, and the highest practicable level of
independence; independence.
(2) Home and
community-based services shall be developed, expanded, or maintained in order
to meet the needs of consumers in the least confusing and least restrictive
manner and based on the desires of the elderly older adults, persons
with disabilities, and their families;families, and others
that support them.
(3) All services
shall be responsive and appropriate to individual need and shall be delivered
through a uniform and seamless system that is flexible and responsive
regardless of funding source; source through the effective use of
Community Resource Connections for Aging and Disabilities as they are developed
throughout the State.
(4) Services shall
be available to all elderly persons who need them but targeted
primarily to the most frail, frail and needy elderly;citizens.
(5) State and local
agencies shall maximize the use of limited resources by establishing a fee
system for persons who have the ability to pay;pay.
(6) Institutional
care Care provided in facilities shall be provided offered
in such a manner and in such an environment as to promote maintenance of
health and or enhancement of the quality of life of each resident
and timely discharge to a less restrictive care setting when appropriate;
and appropriate.
(7) State health planning for institutional bed supply shall take into account increased availability of other home and community-based services options.
(8) In an effort to maximize the use of limited resources, State and local agencies shall invest in supports for families and other informal caregivers of persons requiring assistance.
(9) Emphasis shall be placed on offering evidence-based activities to promote healthy aging, prevent injuries, and manage chronic diseases and conditions.
(10) Individuals and families shall be encouraged and supported in planning for and financing their own future needs for long-term services and supports."
SECTION 3. This act is effective when it becomes law.