§ 131D-4.3. Adult care home rules.
§ 131D‑4.3. Adult carehome rules.
(a) Pursuant to G.S.143B‑165, the North Carolina Medical Care Commission shall adopt rules toensure at a minimum, but shall not be limited to, the provision of thefollowing by adult care homes:
(1) Repealed by SessionLaws 2000‑111, s. 1.
(2) A minimum of 75hours of training for personal care aides performing heavy care tasks and aminimum of 40 hours of training for all personal care aides. The training foraides providing heavy care tasks shall be comparable to State‑approvedCertified Nurse Aide I training. For those aides meeting the 40‑hourrequirement, at least 20 hours shall be classroom training to include at aminimum:
a. Basic nursingskills;
b. Personal careskills;
c. Cognitive,behavioral, and social care;
d. Basic restorativeservices;
e. Residents' rights.
Aminimum of 20 hours of training shall be provided for aides in family carehomes that do not have heavy care residents. Persons who either pass acompetency examination developed by the Department of Health and HumanServices, have been employed as personal care aides for a period of time asestablished by the Department, or meet minimum requirements of a combination oftraining, testing, and experience as established by the Department shall beexempt from the training requirements of this subdivision;
(3) Monitoring andsupervision of residents;
(4) Oversight andquality of care as stated in G.S. 131D‑4.1; and
(5) Adult care homesshall comply with all of the following staffing requirements:
a. First shift(morning): 0.4 hours of aide duty for each resident (licensed capacity orresident census), or 8.0 hours of aide duty per each 20 residents (licensedcapacity or resident census) plus 3.0 hours for all other residents, whicheveris greater;
b. Second shift(afternoon): 0.4 hours of aide duty for each resident (licensed capacity orresident census), or 8.0 hours of aide duty per each 20 residents plus 3.0hours for all other residents (licensed capacity or resident census), whicheveris greater;
c. Third shift(evening): 8.0 hours of aide duty per 30 or fewer residents (licensed capacityor resident census).
Inaddition to these requirements, the facility shall provide staff to meet theneeds of the facility's heavy care residents equal to the amount of timereimbursed by Medicaid. As used in this subdivision, the term "heavy careresident" means an individual residing in an adult care home who isdefined "heavy care" by Medicaid and for which the facility isreceiving enhanced Medicaid payments for such needs. Each facility shall postin a conspicuous place information about required staffing that enablesresidents and their families to ascertain each day the number of direct carestaff and supervisors that are required by law to be on duty for each shift forthat day.
(b) Rules to implementthis section shall be adopted as emergency rules in accordance with Chapter150B of the General Statutes.
(c) The Department maysuspend or revoke a facility's license, subject to the provisions of Chapter150B, to enforce compliance by a facility with this section or to punishnoncompliance. (1995,c. 449, s. 3; c. 535, s. 10; 1997‑443, s. 11A.118(a); 1998‑212, s.12.16B(a); 2000‑111, s. 1; 2001‑85, s. 1; 2001‑487, s.85(a).)