A BILL TO BE ENTITLED
AN ACT exempting from certificate of need review the establishment of a home health agency by a continuing care retirement community for the purpose of providing home health services to residents who contract with the continuing care retirement community to receive continuing care services with lodging.
Whereas, the continuing care model of long‑term care provides access to all levels of care (independent living, assisted living, and skilled nursing) on one campus, thereby ensuring that staff becomes familiar with the individual needs and conditions of each resident and provides the highest quality of care and timely transitions through all levels of care; and
Whereas, North Carolina ranks ninth in the top 10 most heavily populated states in the nation; and
Whereas, by 2019, North Carolina will have more residents over the age of 60 than under the age of 18; and
Whereas, the State's population of individuals age 65 and older is expected to increase by more than one million people over the next 20 years; and
Whereas, in the past nine years, only eight new home health agency slots have become available, and these new slots have been spread over three counties (one in Forsyth County, four in Mecklenburg County, and three in Wake County); and
Whereas, 97% of the counties in North Carolina have had no new home health agency slots become available in the past nine years; and
Whereas, North Carolinians have paid into the Medicare system for their entire working lives and should be able to exercise choice and access their Medicare benefits if it becomes necessary to utilize those benefits; and
Whereas, if seniors opt to use the services available through a continuing care retirement community, North Carolina's current certificate of need laws prevent seniors from accessing their hard‑earned Medicare benefits, causing them to incur out‑of‑pocket costs for needed care; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 131E‑184 is amended by adding a new subsection to read:
"(i)	The Department shall exempt from certificate of need review the establishment of a home health agency by a continuing care retirement community licensed under Article 64 of Chapter 58 of the General Statutes to provide home health services to one or more residents of a continuing care retirement community who have entered into a contract with the continuing care retirement community to receive continuing care services with lodging. A continuing care retirement community that seeks to provide home health services to individuals who do not reside at the continuing care retirement community pursuant to a contract to receive continuing care services with lodging shall be required to obtain a certificate of need as a home health agency prior to developing or offering home health services to any individual not a resident of the continuing care retirement community under a contract to receive continuing care services with lodging. As used in this subsection, the terms "continuing care" and "lodging" are as defined in G.S. 58‑64‑1. Nothing in this subsection shall be construed to exempt from the State's home health agency licensure and certification requirements a continuing care retirement community that has been exempted from certificate of need review for the provision of home health services to one or more residents pursuant to this subsection."
SECTION 2.  This act is effective when it becomes law and applies to continuing care retirement communities engaged in the direct provision of home health services on or after that date.