GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 41
SENATE BILL 102

AN ACT TO REQUIRE THAT THE DEPARTMENT OF HUMAN RESOURCES REPORT CHANGES IN DOMICILIARY HOME REGULATING, LICENSING, AND MONITORING TO THE NORTH CAROLINA STUDY COMMISSION ON AGING.

Whereas, the Legislative Research Commission Study Committee on Rest Home and Nursing Home Care reported to the 1991 General Assembly that, in order to clarify and make more effective the State responsibility, authority, and accountability for domiciliary homes, there should be a single State agency to regulate, license, and monitor domiciliary homes; and
Whereas, the Secretary of the Department of Human Resources has endorsed this recommendation and has taken steps to implement the transfer of all functions affecting the regulating, licensing, and monitoring of domiciliary homes to the Division of Facility Services; and
Whereas, the General Assembly needs to follow carefully this transfer, to determine whether any further changes in the law will be required; and
Whereas, the North Carolina Study Commission on Aging is the proper vehicle to aid and advise the General Assembly in this determination; Now, therefore,

The General Assembly of North Carolina enacts:

Section 1.  The Department of Human Resources shall report to the North Carolina Study Commission on Aging by September 1, 1991, on the implementation of the transfer of domiciliary home regulating, monitoring, and licensing to the Division of Facility Services.  This report shall include information on the following:
(1)	The completeness of the transfer;
(2)	The appropriate commission to make rules for the Division of Facility Services regarding its regulating, licensing, and monitoring domiciliary homes;
(3)	The effort being made to provide training and technical assistance to local county personnel; and
(4)	The effort being made to establish a system of regulating, licensing, and monitoring that distributes the results of negative action recommendations, along with the rationale for these recommendations, to all local departments of social services.
Sec. 2.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 22nd day of April, 1991.

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James C. Gardner
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives