GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION

CHAPTER 583
SENATE BILL 126

AN ACT TO CREATE THE LONG-TERM CARE SUBCOMMITTEE AND TO PROVIDE FOR THE CREATION OF OTHER SUBCOMMITTEES OF THE NORTH CAROLINA STUDY COMMISSION ON AGING AND TO MAKE CHANGES TO THE LONG-TERM CARE LAW.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 120-186.1 reads as rewritten:
"§ 120-186.1.  Commission; Alzheimer's Subcommittee, Long-Term Care Subcommittee, and other subcommittees.
(a)	The Commission cochairs shall appoint subcommittees as needed to assist with the completion of the work of the Commission.  These subcommittees may include an Alzheimer's Subcommittee, a Long-Term Care Subcommittee, or other special subject subcommittees.  The cochairs shall appoint as members of any subcommittee not more than four Commission members and at least four but no more than six non-Commission members.
(b)	The Commission cochairs shall prescribe the duties of any subcommittee created.  Duties of the Alzheimer's Subcommittee may include conducting studies on the availability and efficacy of currently existing geriatric or memory disorder services and programs, advising the Commission on matters regarding Alzheimer's services and programs, and recommending to the Commission solutions to related problems.  Duties of the Long-Term Care Subcommittee may include developing a long-term care policy for the State that has at least the following elements:
(1)	Promotes elder independence, choice, and dignity;
(2)	Provides a seamless, uniform system of flexible and responsive services;
(3)	Provides single-entry access;
(4)	Includes a wide range of home and community-based services available to all elderly who need them but targeted primarily to the most frail, needy elderly;
(5)	Provides care and services at the least expense in the least confusing manner and based on the desires of the elder population and their families;
(6)	Expands Medicaid income eligibility to allow more services in the home and community;
(7)	Creates a single agency and budget stream to administer services to the elderly; and
(8)	Approaches long-term care within the context of the entire health care system."
Sec. 2.  Part 14B of Article 3 of Chapter 143B of the General Statutes reads as rewritten:
"Part 14B. Long-Term Care.
"§ 143B-181.5.  t Long-term care policy.
The North Carolina General Assembly finds that the aging of the population and advanced medical technology have resulted in a growing number of persons who require assistance.  The primary resource for long-term care provision continues to be the family and friends.  However, these traditional caregivers are increasingly employed outside the home.  There is growing demand for improvement and expansion of home and community-based long-term care services to support and complement the services provided by these informal caregivers.
The North Carolina General Assembly further finds that the public interest would best be served by a broad array of long-term care services that support persons who need such services in the home or in the community whenever practicable and that promote individual autonomy, dignity, and choice.
The North Carolina General Assembly finds that as other long-term care options become more available, the relative need for institutional care will stabilize or decline relative to the growing aging population.  The General Assembly recognizes, however, that institutional care will continue to be a critical part of the State's long-term care options and that such services should promote individual dignity, autonomy, and a home-like environment.
"§ 143B-181.6.  Purpose and intent.
It is the North Carolina General Assembly's intent in the State's development and implementation of long-term care policies that:
(1)	Long-term care services administered by the Department of Human Resources and other State and local agencies shall include a balanced array of health, social, and supportive services that promote individual choice, dignity, and the highest practicable level of independence;
(2)	Home and community-based services shall be developed, expanded, or maintained in order to meet the needs of consumers in the least confusing manner and based on the desires of the elderly and their families;
(3)	All services shall be responsive and appropriate to individual need and shall be delivered through a seamless system that is flexible and responsive regardless of funding source;
(4)	Services shall be available to all elderly who need them but targeted primarily to the most frail, needy elderly;
(5)	State and local agencies shall maximize the use of limited resources by establishing a fee system for persons who have the ability to pay;
(6)	Institutional care shall be provided in such a manner and in such an environment as to promote maintenance or enhancement of the quality of life of each resident and timely discharge to a less restrictive care setting when appropriate; and
(7)	State health planning for institutional bed supply shall take into account increased availability of other home and community-based services options.

."
Sec. 3.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 20th day of June, 1996.

─────────────────── 
Dennis A. Wicker
President of the Senate

─────────────────── 
Harold J. Brubaker
Speaker of the House of Representatives