§ 131D-2.1. Definitions.
§ 131D‑2.1. Definitions.
As used in this Article:
(1) Abuse. The willfulor grossly negligent infliction of physical pain, injury, or mental anguish,unreasonable confinement, or the willful or grossly negligent deprivation bythe administrator or staff of an adult care home of services which arenecessary to maintain mental and physical health.
(2) Administrator. Aperson approved by the Department of Health and Human Services who has theresponsibility for the total operation of a licensed adult care home.
(3) Adult care home. Anassisted living residence in which the housing management provides 24‑hourscheduled and unscheduled personal care services to two or more residents,either directly or for scheduled needs, through formal written agreement withlicensed home care or hospice agencies. Some licensed adult care homes providesupervision to persons with cognitive impairments whose decisions, if madeindependently, may jeopardize the safety or well‑being of themselves orothers and therefore require supervision. Medication in an adult care home maybe administered by designated trained staff. Adult care homes that provide careto two to six unrelated residents are commonly called family care homes.
(4) Amenities. Servicessuch as meals, housekeeping, transportation, and grocery shopping that do notinvolve hands‑on personal care.
(5) Assisted livingresidence. Any group housing and services program for two or more unrelatedadults, by whatever name it is called, that makes available, at a minimum, onemeal a day and housekeeping services and provides personal care servicesdirectly or through a formal written agreement with one or more licensed homecare or hospice agencies. The Department may allow nursing service exceptionson a case‑by‑case basis. Settings in which services are deliveredmay include self‑contained apartment units or single or shared room unitswith private or area baths. Assisted living residences are to be distinguishedfrom nursing homes subject to provisions of G.S. 131E‑102. There arethree types of assisted living residences: adult care homes, adult care homesthat serve only elderly persons, and multiunit assisted housing with services.As used in this section, "elderly person" means:
a. Any person who hasattained the age of 55 years or older and requires assistance with activitiesof daily living, housing, and services, or
b. Any adult who has aprimary diagnosis of Alzheimer's disease or other form of dementia who requiresassistance with activities of daily living, housing, and services provided by alicensed Alzheimer's and dementia care unit.
(6) Compensatory agent. A spouse, relative, or other caretaker who lives with a resident and providescare to a resident.
(7) Department. TheDepartment of Health and Human Services unless some other meaning is clearlyindicated from the context.
(8) Exploitation. Theillegal or improper use of an aged or disabled resident or the aged or disabledresident's resources for another's profit or advantage.
(9) Family care home. Anadult care home having two to six residents. The structure of a family carehome may be no more than two stories high, and none of the aged or physicallydisabled persons being served there may be housed in the upper story withoutprovision for two direct exterior ground‑level accesses to the upperstory.
(10) Multiunit assistedhousing with services. An assisted living residence in which hands‑onpersonal care services and nursing services which are arranged by housingmanagement are provided by a licensed home care or hospice agency through anindividualized written care plan. The housing management has a financialinterest or financial affiliation or formal written agreement which makespersonal care services accessible and available through at least one licensedhome care or hospice agency. The resident has a choice of any provider, and thehousing management may not combine charges for housing and personal careservices. All residents, or their compensatory agents, must be capable, throughinformed consent, of entering into a contract and must not be in need of 24‑hoursupervision. Assistance with self‑administration of medications may beprovided by appropriately trained staff when delegated by a licensed nurseaccording to the home care agency's established plan of care. Multiunitassisted housing with services programs are required to register annually withthe Division of Health Service Regulation. Multiunit assisted housing withservices programs are required to provide a disclosure statement to theDivision of Health Service Regulation. The disclosure statement is required tobe a part of the annual rental contract that includes a description of thefollowing requirements:
a. Emergency responsesystem;
b. Charges for servicesoffered;
c. Limitations oftenancy;
d. Limitations ofservices;
e. Residentresponsibilities;
f. Financial/legalrelationship between housing management and home care or hospice agencies;
g. A listing of allhome care or hospice agencies and other community services in the area;
h. An appeals process;and
i. Procedures forrequired initial and annual resident screening and referrals for services.
Continuingcare retirement communities, subject to regulation by the Department ofInsurance under Chapter 58 of the General Statutes, are exempt from theregulatory requirements for multiunit assisted housing with services programs.
(11) Neglect. Thefailure to provide the services necessary to maintain a resident's physical ormental health.
(12) Personal careservices. Any hands‑on services allowed to be performed by In‑HomeAides II or III as outlined in Department rules.
(13) Registration. Thesubmission by a multiunit assisted housing with services provider of adisclosure statement containing all the information as outlined in subdivision(10) of this section.
(14) Resident. A personliving in an assisted living residence for the purpose of obtaining access tohousing and services provided or made available by housing management.
(15) Secretary. TheSecretary of Health and Human Services unless some other meaning is clearlyindicated from the context. (2009‑462, ss. 1(e), 3(a).)