A BILL TO BE ENTITLED
AN ACT TO MAKE CHANGES TO THE HOME CARE AGENCY LICENSURE ACT and TO ESTABLISH HOME CARE CLIENTS' RIGHTS AS RECOMMENDED BY THE NORTH CAROLINA STUDY COMMISSION ON AGING.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 131E‑140 reads as rewritten:
"§ 131E‑140.  Rules and enforcement.
(a)	The Commission is authorized to adopt, amend and repeal all rules necessary for the implementation of this  Part and Part 3A of Article 6 of this Chapter. Provided, these rules shall not extend, modify, or limit the licensing of individual health professionals by their respective licensing boards; nor shall these rules in any way be construed to extend the appropriate scope of practice of any individual health care provider.
(a1)	The Commission shall adopt rules that recognize the different types of home care services and shall adopt specific requirements for the provision of each type of home care service.
(a2)	The Commission shall adopt rules requiring applicants for home care licensure to receive training in the requirements for licensure, the licensure process, and the rules pertaining to the operation of a home care agency.
(a3)	The Commission shall adopt rules defining the scope of permissible advertising and promotional practice by home care agencies.
(b)	The Department shall enforce the rules adopted or amended by the Commission with respect to home care agencies."
SECTION 2.  Article 6 of Chapter 131E of the General Statutes is amended by adding a new Part to read:
"Part 3A. Home Care Clients' Bill of Rights.
"§ 131E‑144.1.  Legislative intent.
It is the intent of the General Assembly to support an individual's desire to live at home and receive home care services.
"§ 131E‑144.2.  Definitions.
Unless otherwise specified, the definitions that are provided in Part 3 of Article 6 of this Chapter apply in this Part.
"§ 131E‑144.3.  Declaration of home care clients' rights.
Each client of a home care agency shall have the following rights:
(1)	To be informed and participate in his or her plan of care.
(2)	To be treated with respect, consideration, dignity, and full recognition of his or her individuality and right to privacy.
(3)	To receive care and services that are adequate, appropriate, and in compliance with relevant federal and State laws and rules and regulations.
(4)	To voice grievances about care and not be subjected to discrimination or reprisal for doing so.
(5)	To have his or her personal and medical records kept confidential and not be disclosed without appropriate written consent.
(6)	To be free of mental and physical abuse, neglect, and exploitation.
(7)	To receive a written statement of services provided by the agency and the charges for these services.
(8)	To be informed of the process for acceptance and continuance of service and eligibility determination.
(9)	To accept or refuse services.
(10)	To be informed of the agency's on‑call service.
(11)	To be informed of supervisory accessibility and availability.
(12)	To be advised of the agency's procedures for discharge.
(13)	To receive a reasonable response to his or her requests of the agency.
(14)	To be notified within 10 days when the agency's license has been revoked, suspended, canceled, annulled, withdrawn, recalled, or amended.
"§ 131E‑144.4.  Notice to client.
(a)	During the agency's initial evaluation visit or before furnishing services, a home care agency shall provide each client with the following:
(1)	A copy of the declaration of home care clients' rights.
(2)	The address and telephone number for information, questions, or complaints about services provided by the agency.
(3)	The address and telephone number of the section of the Department of Health and Human Services responsible for the enforcement of the provisions of this Part.
(4)	The address and telephone number of the county social services department.
(b)	Receipts for the declaration of home care clients' rights and contact information required in this section shall be signed by the client and shall be retained in the agency's files.
"§ 131E‑144.5.  Implementation.
Responsibility for implementing the provisions of this Part shall rest with the agency director. Each agency shall provide appropriate training to implement this Part.
"§ 131E‑144.6.  Enforcement and investigation.
(a)	The Department of Health and Human Services shall be responsible for the provisions of this Part. The Department shall investigate complaints made to it and reply within a reasonable period of time, not to exceed 60 days.
(a1)	When the Department of Health and Human Services receives a complaint alleging a violation of the provisions of this Part pertaining to client care or client safety, the Department shall initiate an investigation as follows:
(1)	Immediately upon receipt of the complaint if the complaint alleges a life‑threatening situation.
(2)	Within 24 hours if the complaint alleges abuse of a client as defined by G.S. 131D‑20(1).
(3)	Within 48 hours if the complaint alleges neglect of a client as defined by G.S. 131D‑20(8).
(4)	Within two weeks in all other situations.
The investigation shall be completed within 30 days. The requirements of this section are in addition to and not in lieu of any investigatory and reporting requirements for health care personnel pursuant to Article 15 of this Chapter, or for adult protective services pursuant to Article 6 of Chapter 108A of the General Statutes.
(b)	A home care agency shall investigate, within 72 hours, complaints made to the agency by a home care client or the client's family and must document both the existence of the complaint and the resolution of the complaint.
"§ 131E‑144.7.  Confidentiality.
(a)	The Department of Health and Human Services is authorized to inspect home care clients' medical records maintained at the agency when necessary to investigate any alleged violation of this Part.
(b)	The Department shall maintain the confidentiality of all persons who register complaints with the Department and of all medical records inspected by the Department. A person who has filed a complaint shall have access to information about a complaint investigation involving a specific home care client if written authorization is obtained from the client or legal representative."
SECTION 3.  The Department of Health and Human Services shall study whether there are any additional "health care facilities" and "health care personnel" that are employed in health care settings that should be contained in the Health Care Personnel Registry and listed in G.S. 131E‑256.  The Department shall report its findings and recommendations to the North Carolina Study Commission on Aging by December 1, 2005.
SECTION 4.  Section 2 of this act becomes effective January 1, 2006. The remainder of this act is effective when it becomes law.