§ 131D-20. Definitions. - North Carolina Statutes

§ 131D‑20.  Definitions.

As used in this Article, thefollowing terms have the meanings specified:

(1)        "Abuse"means the willful or grossly negligent infliction of physical pain, injury ormental anguish, unreasonable confinement, or the willful or grossly negligentdeprivation by the administrator or staff of an adult care home of serviceswhich are necessary to maintain mental and physical health.

(2)        Repealed by SessionLaws 1995, c. 535, s. 13, effective October 1, 1995.

(2a)      "Adult carehome" is an assisted living residence in which the housing managementprovides 24‑hour scheduled and unscheduled personal care services to twoor more residents, either directly or, for scheduled needs, through formalwritten agreement with licensed home care or hospice agencies. Some licensedadult care homes provide supervision to persons with cognitive impairmentswhose decisions, if made independently, may jeopardize the safety or well‑beingof themselves or others and therefore require supervision. Medication in an adultcare home may be administered by designated, trained staff. Adult care homesthat provide care to two to six unrelated residents are commonly called familycare homes. Adult care homes and family care homes are subject to licensure bythe Division of Health Service Regulation.

(2b)      "Assisted livingresidence" means any group housing and services program for two or moreunrelated adults, by whatever name it is called, that makes available, at aminimum, one meal a day and housekeeping services and provides personal careservices directly or through a formal written agreement with one or morelicensed home care or hospice agencies. The Department may allow nursingservice exceptions on a case‑by‑case basis. Settings in whichservices are delivered may include self‑contained apartment units orsingle or shared room units with private or area baths. Assisted livingresidences are to be distinguished from nursing homes subject to provisions ofG.S. 131E‑102.

(3)        "Exploitation"means the illegal or improper use of an aged or disabled resident or hisresources for another's profit or advantage.

(4)        "Facility"means an adult care home licensed under G.S. 131D‑2.4.

(5)        "Family carehome" means an adult care home having two to six residents. The structureof a family care home may be no more than two stories high and none of the agedor physically disabled persons being served there may be housed in the upperstory without provision for two direct exterior ground‑level accesses tothe upper story.

(6)        Repealed by SessionLaws 2001‑209, s. 1(c), effective June 15, 2001.

(7)        Repealed by SessionLaws 1995, c. 535, s. 13.

(8)        "Neglect"means the failure to provide the services necessary to maintain the physical ormental health of a resident.

(9)        "Resident"means an aged or disabled person who has been admitted to a facility.  (1981, c. 923, s. 1; 1981(Reg. Sess., 1982), c. 1282, s. 20.2C; 1983, c. 824, ss. 2, 3, 5, 7, 8; 1995,c. 535, s. 13; 1997‑456, s. 21; 2001‑209, s. 1(c); 2007‑182,s. 1; 2009‑462, s. 4(h).)