A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE JOINT legislative STUDY COMMISSION ON THE CARE AND SAFETY OF RESIDENTS OF RESIDENTIAL CARE FACILITIES.
Whereas, residents of residential care facilities licensed by the State have a right to be free of mental and physical abuse, neglect, and exploitation in the facilities; and
Whereas, recent incidents of death and injury to residents of residential care facilities raise concerns about whether the current licensing system is sufficient to prevent harm and identify threats to the safety of residential care facility residents; and
Whereas, although suspension of license and imposition of fines are measures to punish violations of the law that cause harm or pose an imminent threat of serious harm, more effective programmatic and other interventions by facility management may be needed to more effectively prevent harm from occurring; and
Whereas, consideration of whether a monitoring process or other system change is needed to ensure that residents of residential care facilities receive the support, services, and protection they need; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.(a)  Commission Established. – There is established the Joint Legislative Study Commission on the Care and Safety of Residents in Residential Care Facilities.
SECTION 1.(b)  Membership. – The Commission membership shall be representative of skilled nursing homes, adult care homes, group homes, intermediate care facilities, the Department of Health and Human Services, consumers of residential care services, and family members of residents in residential care facilities. The Commission shall consist of 21 members as follows:
(1)	The Speakers of the House of Representatives shall appoint 10 members, as follows: two members of the House of Representatives and eight members representing providers and consumers of residential care services, and family members of residents of residential care facilities.
(2)	The President Pro Tempore of the Senate shall appoint 10 members, as follows: two members of the Senate and eight members representing providers and consumers of residential care services, and family members of residents of residential care facilities.
(3)	The Secretary of Health and Human Services, or her designee.
SECTION 1.(c)  Duties. – The Commission shall study the adequacy of services provided to residents of residential care facilities in this State.  The purpose of the study is to ascertain whether programmatic or other changes are needed to ensure that residential care facility residents live in an environment that attends to each resident's safety, health, and dignity.  In conducting the study, the Commission shall review staffing requirements, incidents of harm that have occurred in the past three years in residential care facilities, amounts of and reasons for penalties imposed on facilities, and other matters the Commission deems appropriate.
SECTION 1.(d)  Vacancies. – Vacancies on the Commission shall be filled by the initial appointing authority.
SECTION 1.(e)  Cochairs; Meetings. – The Speakers of the House of Representatives shall appoint a cochair and the President Pro Tempore of the Senate shall appoint a cochair for the Commission. The Commission shall meet upon the call of the cochairs. A quorum of the Commission shall be a majority of the members. The Legislative Services Commission may provide meeting space to the Commission in the Legislative Building or the Legislative Office Building.
SECTION 1.(f)  Expenses of Members. – Members of the Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 1.(g)  Staff. – The Legislative Services Office shall assign professional and clerical staff to assist the Study Commission in its work.
SECTION 1.(h)  Consultants. – The Study Commission may hire consultants to examine specific issues and subjects related to the study, in accordance with G.S. 120‑32.02.
SECTION 2.  The Commission may make an interim report to the 2005 General Assembly upon its convening, including proposed legislation, and shall make its final report to the 2005 General Assembly, 2006 Regular Session.  Upon submitting its final report, the Commission shall expire.
SECTION 3.  From funds appropriated to the General Assembly, the Legislative Services Office shall allocate the sum of fifty thousand dollars ($50,000) to implement this act.
SECTION 4.  This act becomes effective July 1, 2004.