GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
HOUSE BILL 1698
RATIFIED BILL
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 from abuse, neglect, and
exploitation.
(2)
Older adults should have opportunities to be involved in their communities
in ways they desire.a choice of life styles 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. assure optimal health and to enable
active social and civic engagement by older adults.
(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 so that older persons may realize their full
potential.Older adults should have access to a broad range of services,
supports, and opportunities, and they should have transportation options
available to allow access to these services and to meet their daily needs and
interests.
(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.met 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.Older adults should have adequate opportunities for
employment.
(9)
Each county should have available a variety of housing options, including
retirement housing, accessible affordable rental housing, and opportunities for
residential home modifications, in order to allow older adults to remain in
their communities. 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 resources 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 care 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. manner and Services should be 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. Information and
services shall be available 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
them, but shall be targeted primarily to the those
citizens who are the most frail, frail and those with the
greatest need. needy elderly;
(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 for
each resident, maintenance of health, or enhancement of the
quality of life of each resident life, 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.
In the General Assembly read three times and ratified this the 28th day of June, 2010.
_____________________________________
Walter H. Dalton
President of the Senate
_____________________________________
Joe Hackney
Speaker of the House of Representatives
_____________________________________
Beverly E. Perdue
Governor
Approved __________.m. this ______________ day of ___________________, 2010