§ 131D-8. Adult care home special care units; disclosure of information required. - North Carolina Statutes

§ 131D‑8.  Adult carehome special care units; disclosure of information required.

(a)        An adult care homelicensed under this Part that provides care for persons in special care unitsas defined in G.S. 131D‑4.6 shall disclose the form of care or treatmentprovided that distinguishes the special care unit as being especially designedfor residents with Alzheimer's disease or other dementias, a mental healthdisability, or other special needs disease or condition. The disclosure shallbe in writing and shall be made to all of the following:

(1)        The Department aspart of its licensing procedures.

(2)        Each person seekingplacement within a special care unit, or the person's authorizedrepresentative, prior to entering into an agreement with the person to providespecial care.

(3)        The Office of StateLong‑Term Care Ombudsman, annually, or more often if requested.

(b)        Information thatmust be disclosed in writing shall include, but is not limited to, all of thefollowing:

(1)        A statement of theoverall philosophy and mission of the licensed facility and how it reflects thespecial needs of residents with Alzheimer's disease or other dementias, amental health disability, or other special needs disease or condition.

(2)        The process andcriteria for placement, transfer, or discharge to or from the special careunit.

(3)        The process used forassessment and establishment of the plan of care and its implementation,including how the plan of care is responsive to changes in the resident'scondition.

(4)        Staffing ratios andhow they meet the resident's need for increased care and supervision.

(5)        Staff training thatis dementia‑specific.

(6)        Physical environmentand design features that specifically address the needs of residents withAlzheimer's disease or other dementias.

(7)        Frequency and typeof programs and activities for residents of the special care unit.

(8)        Involvement offamilies in resident care, and availability of family support programs.

(9)        Additional costs andfees to the resident for special care.

(c)        As part of itslicense renewal procedures and inspections, the Department shall examine foraccuracy the written disclosure of each adult care home subject to thissection. Substantial changes to written disclosures shall be reported to theDepartment at the time the change is made.

(d)        Nothing in thissection shall be construed as prohibiting an adult care home that does notoffer a special care unit from admitting a person with Alzheimer's disease orother dementias, a mental health disability, or other special needs disease orcondition. The disclosures required under this section apply only to an adultcare home that advertises, markets, or otherwise promotes itself as providing aspecial care unit for persons with Alzheimer's disease or other dementias.

(e)        As used in thissection, the term "special care unit" has the same meaning as appliesunder G.S. 131D‑4.6. (1999‑334, s. 2.1; 1999‑456, s. 61(a).)