GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 979
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Short Title: Update Volunteer System/LTC Ombudsman Program. |
(Public) |
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Sponsors: |
Representatives Ball, Colvin, Greenfield, and G. Brown (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Rules, Calendar, and Operations of the House |
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April 14, 2025
A BILL TO BE ENTITLED
AN ACT updating and strengthening the system of volunteers supporting the office of state long‑term care ombudsman program.
The General Assembly of North Carolina enacts:
PART I. VOLUNTEER NURSING HOME OMBUDSMAN REPRESENTATIVES
SECTION 1. G.S. 131E‑101 reads as rewritten:
"§ 131E‑101. Definitions.
As used in this Part, unless otherwise specified:
…
(3) "Community advisory committee" means a
nursing home advisory committee established for the statutory purpose of
working to carry out the intent of the Nursing Home Patients' Bill of Rights
(Chapter 131E, Article 6, Part 2) in accordance with G.S. 143B‑181.1.
…
(9) "Volunteer nursing home ombudsman representative" means a volunteer designated by the Office of the State Long‑Term Ombudsman in accordance with G.S. 131E‑128 to work toward maintaining the intent of the Nursing Home Patients' Bill of Rights (Chapter 131E, Article 6, Part 2) within the nursing homes in this State, including nursing homes operated by hospitals licensed under Article 5 of this Chapter."
SECTION 2. G.S. 131E‑102(e) reads as rewritten:
"(e) In order for a
nursing home to maintain its license it shall not intentionally impede the
proper performance of the duties of a lawfully appointed community advisory
committee as set forth in G.S. 131E‑128(h).designated volunteer
ombudsman representative, as set forth in G.S. 131E‑128."
SECTION 3. G.S. 131E‑117(12) reads as rewritten:
"(12) To present grievances
and recommend changes in policies and services, personally or through other
persons or in combination with others, on the patient's personal behalf or that
of others to the facility's staff, the community advisory committee, a
volunteer ombudsman representative designated under G.S. 131E‑128, the
administrator, the Department, or other persons or groups without fear of
reprisal, restraint, interference, coercion, or discrimination;"
SECTION 4. G.S. 131E‑128 reads as rewritten:
"§ 131E‑128. Nursing home advisory committees.Volunteer
nursing home ombudsman representatives.
(a) Statement of Purpose.
– It is the purpose of the General Assembly that community advisory
committee members function as designated volunteer ombudsman representatives
of the Office of the State Long‑Term Care Ombudsman and through their
designation work to maintain the intent of the Nursing Home Resident's Bill
of Rights within the nursing homes in this State, including nursing homes
operated by hospitals licensed under Article 5 of G.S. Chapter 131E. this
Chapter. It is the further purpose of the General Assembly that the committees
volunteer ombudsman representatives promote community involvement
and cooperation with nursing homes and an integration of these homes into a
system of care for the elderly.
(b) (1) A community
advisory committee shall be established in each county which Nominations
and Designation. – Each board of county commissioners that has a at
least one nursing home, home operating in the county, including
a nursing home operated by a hospital licensed under Article 5 of G.S. Chapter
131E, shall serve this Chapter, is encouraged to nominate volunteer
ombudsman representatives who are willing and able to serve all the nursing
homes in the county, county and shall work with each nursing
home in for the best interest of the persons residing in
each home. In a county which has one, two, or three nursing homes, the
committee shall have five members. In a county with four or more nursing homes,
the committee shall have one additional member for each nursing home in excess
of three, and may have up to five additional members per committee at the
discretion of the county commissioners.residents. Notwithstanding any
other provision of this Article, designation as a volunteer ombudsman
representative is contingent upon designation of the nominee by the Office of the
State Long‑Term Care Ombudsman in accordance with G.S. 143B‑181.18.
A designated volunteer ombudsman representative is directly accountable to the
State Long‑Term Care Ombudsman Program in order to perform the duties as
a representative of the Office of the State Long‑Term Care Ombudsman.
(2) In each county with four or more nursing homes,
the committee shall establish a subcommittee of no more than five members and
no fewer than three members from the committee for each nursing home in the
county. Each member must serve on at least one subcommittee.
(3) Boards of county commissioners are encouraged to
appoint the Nursing Home Community Advisory Committees. Of the members, a
minority (not less than one‑third, but as close to one‑third as
possible) must be chosen from among persons nominated by a majority of the
chief administrators of nursing homes in the county and of the governing bodies
of the hospitals licensed under Article 5 of G.S. Chapter 131E, which
operate nursing homes. If the nursing home administrators and the governing
bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E,
which operate nursing homes fail to make a nomination within 45 days after
written notification has been sent to them by the board of county commissioners
requesting a nomination, these appointments may be made by the board of county
commissioners without nominations.
(4) Notwithstanding any other provision of this
Article, appointment to a nursing home community advisory committee is
contingent upon designation of the appointee by the Office of the State Long‑Term
Care Ombudsman in accordance with G.S. 143B‑181.18. A designated
appointee is directly accountable to the State Long‑Term Care Ombudsman
Program in order to perform the duties as a representative of the Office of the
State Long‑Term Care Ombudsman. Removal of the appointee's designation by
the Office of the State Long‑Term Care Ombudsman automatically rescinds
the appointment to the nursing home community advisory committee.
(5) Any individual who serves as a community
advisory committee member must go through the Office of the State Long‑Term
Care Ombudsman's certification and designation process and meet the
certification and designation requirements in accordance with the State Long‑Term
Care Ombudsman Program Policies and Procedures.
(c) Terms of Office. – Each
committee member shall serve an initial term of one year. Any person
reappointed to a second or subsequent term in the same county shall serve a
three‑year term. Persons who were originally nominees of nursing home
chief administrators and the governing bodies of the hospitals licensed under
Article 5 of G.S. Chapter 131E, which operate nursing homes, or who were
appointed by the board of county commissioners when the nursing home
administrators and the governing bodies of the hospitals licensed under Article
5 of G.S. Chapter 131E, which operate nursing homes failed to make
nominations, may not be reappointed without the consent of a majority of the
nursing home chief administrators and the governing bodies of the hospitals
licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes
within the county. If the nursing home chief administrators and the governing
bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E,
which operate nursing homes fail to approve or reject the reappointment within
45 days of being requested by the board of county commissioners, the
commissioners may reappoint the member if they so choose.person
designated as a volunteer ombudsman representative by the Office of the State
Long‑Term Care Ombudsman may serve for as long as the volunteer ombudsman
representative remains in compliance with training, certification, and other
applicable requirements of the Office of the State Long‑Term Care
Ombudsman. Removal of the nominee's designation as a volunteer ombudsman
representative by the Office of the State Long‑Term Care Ombudsman
automatically rescinds the designation and ends the term of a volunteer
ombudsman representative.
(c1) List of Volunteer Ombudsman Representatives. – The names of all designated volunteer ombudsman representatives and the dates of expiration of their terms shall be filed with the Office of the State Long‑Term Care Ombudsman, which shall supply a copy of the names of all volunteer nursing home ombudsman representatives to the Division of Health Service Regulation.
(d) Any vacancy shall be filled by appointment of a
person for a one‑year term. Any person replacing a member nominated by
the chief administrators and the governing bodies of the hospitals licensed
under Article 5 of G.S. Chapter 131E, which operate nursing homes or a
person appointed when the chief administrators and the governing bodies of the
hospitals licensed under Article 5 of G.S. Chapter 131E, which operate
nursing homes failed to make a nomination shall be selected from among persons
nominated by the administrators and the governing bodies of the hospitals
licensed under Article 5 of G.S. Chapter 131E, which operate nursing
homes, as provided in subsection (b). If the county commissioners fail to
appoint members to a committee, or fail to fill a vacancy, the appointment
shall be made or vacancy filled by the Office of the State Long‑Term Care
Ombudsman no sooner than 45 days after the commissioners have been notified of
the appointment or vacancy if nomination or approval of the nursing home
administrators and the governing bodies of the hospitals licensed under Article
5 of G.S. Chapter 131E, which operate nursing homes is not required. If
nominations or approval of the nursing home administrators and the governing
bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E,
which operate nursing homes is required, the appointment shall be made or
vacancy filled by the Office of the State Long‑Term Care Ombudsman no
sooner than 45 days after the commissioners have received the nomination or
approval, or no sooner than 45 days after the 45‑day period for action by
the nursing home administrators and the governing bodies of the hospitals
licensed under Article 5 of G.S. Chapter 131E, which operate nursing
homes.
(e) The committee shall elect from its members a
chair, to serve a one‑year term.
(f) Minimum
Qualifications for Designation. – Each member must be person
nominated to serve as a volunteer ombudsman representative under this section is
required to meet all of the following criteria prior to being designated to
serve in this capacity by the Office of the State Long‑Term Care
Ombudsman:
(1) Is a resident of the county in which the
committee he or she serves. No person or
(2) Does not have a financial interest in any nursing
home served by the volunteer ombudsman representative and is not an immediate
family member of a person with a financial interest in a nursing home
served by a committee, or the volunteer.
(3) Is not an employee or governing board member
or an immediate family member of an employee or governing board member
of a nursing home served by a committee, or the volunteer.
(4) Is not an immediate family member of a patient
resident in a nursing home served by a committee may be a
member of a committee. Membership on a committee shall not be considered an
office as defined in G.S. 128‑1 or G.S. 128‑1.1. served
by the volunteer.
(f1) County Commissioners as Volunteers. – Any
county commissioner who is appointed to the committee as a volunteer
ombudsman representative shall be deemed to be serving on the committee in
an ex officio capacity.
(f2) Members of the committee No Compensation
for Volunteers. – Volunteer ombudsman representatives shall serve without
compensation, but may be reimbursed for the amount of actual expenses incurred
by them in the performance of their duties. The names of the committee
members and the date of expiration of their terms shall be filed with the
Office of the State Long‑Term Care Ombudsman, which shall supply a copy
to the Division of Health Service Regulation.
(g) Training,
Certification, and Designation. – The Office of the State Long‑Term
Care Ombudsman shall develop training requirements for certification and
designation of volunteer ombudsman representatives in accordance with 45
C.F.R. § 1324.13(c)(2). Each committee member must receive volunteer
ombudsman representative shall complete certification training as specified
by the State Long‑Term Care Ombudsman Program Policies and Procedures and
be designated as representatives a representative of the State
Long‑Term Care Ombudsman Program prior to exercising any power under
subsection (h) of this section. The State Long‑Term Care Ombudsman
Program shall provide the committees volunteer ombudsman
representatives with information, guidelines, training, and consultation to
direct them in the performance of their duties.
(h) Powers, Duties, and Responsibilities. – Volunteer ombudsman representatives have the following powers, duties, and responsibilities and nursing homes shall cooperate with them in carrying out these powers, duties, and responsibilities:
(1) Each committee shall
apprise itself volunteer ombudsman representative shall apprise himself
or herself of the general conditions under which the persons are
residing in the homes, nursing homes in that county and shall
work for the best interests of the persons in the homes. This those
nursing homes, which may include assisting persons residents who
have grievances a grievance with the a nursing home
and facilitating the resolution of grievances at the local level.
(2) Each committee shall quarterly visit the nursing
home it serves. For each official quarterly visit, a majority of the committee
members shall be present. In addition, each committee may visit the nursing
home it serves whenever it deems it necessary to carry out its duties. In
counties with four or more nursing homes, the subcommittee assigned to a home
shall perform the duties of the committee under this subdivision, and a
majority of the subcommittee members must be present for any visit.
(3) Each member of a
committee shall have volunteer ombudsman representative has the
right to enter into the facility the committee serves any nursing
home the volunteer ombudsman representative services, with prior notice to the
administrator of the facility, in order to carry out the members' his
or her responsibilities. In a county where subcommittees have been
established, this right of access shall be limited to homes served by those
subcommittees to which the member has been appointed.
(4) The committee or subcommittee
Volunteer ombudsman representatives may communicate through its
chair with the Department or any other agency in relation to the interest
of any patient. resident. The identity of any complainant or
resident involved in a complaint shall not be disclosed except as permitted
under the Older Americans Act of 1965, as amended, 42 U.S.C. § 3001 et seq.
(5) Each home shall cooperate with the committee as
it carries out its duties.
(6) Before entering into any
nursing home, the committee, subcommittee, or member a volunteer
ombudsman representative shall identify itself himself or herself
to the person present at the facility who is in charge of the facility at
that time.
(i) Privilege. – Any
written communication made by a member of a nursing home advisory committee volunteer
ombudsman representative within the course and scope of the member's volunteer's
duties, as specified in G.S. 131E‑128, shall be is privileged
to the extent provided in this subsection. All communication shall be considered
communications by volunteer ombudsman representatives are the
property of the Office of the State Long‑Term Care Ombudsman and subject
to the Office's disclosure policies. This privilege shall be is a
defense in a cause of action for libel if the member volunteer
ombudsman representative was acting in good faith and the statements or
communications do not amount to intentional wrongdoing.
(j) Waiver of Qualified Immunity. – To the
extent that any nursing home advisory committee or any member thereof volunteer
ombudsman representative is covered by liability insurance, that committee
or member volunteer ombudsman representative shall be deemed to have
waived the qualified immunity herein of this subsection to the
extent of indemnification by insurance."
PART II. VOLUNTEER ADULT CARE HOME OMBUDSMAN REPRESENTATIVES
SECTION 5. G.S. 131D‑2.4(e) reads as rewritten:
"(e) In order for an
adult care home to maintain its license, it shall not hinder or interfere with
the proper performance of duty of a lawfully appointed community advisory
committee, designated volunteer ombudsman representative, as defined
by G.S. 131D‑31 and G.S. 131D‑32."
SECTION 6. G.S. 131D‑31 reads as rewritten:
"§ 131D‑31. Adult care home community advisory
committees.Volunteer adult care home ombudsman representatives.
(a) Statement of Purpose. –
It is the intention of the General Assembly that community advisory
committee members function as designated volunteer ombudsman representatives
of the Office of the State Long‑Term Care Ombudsman and through their
designation work to maintain the intent of the Adult Care Home Residents'
Bill of Rights within the licensed adult care homes in this State. It is the
further intent of the General Assembly that the committees volunteer
ombudsman representatives promote community involvement and cooperation
with adult care homes to ensure quality care for the elderly and adults with
disabilities.
(b) Establishment and
Appointment of Committees. Nomination and Designation. – Each board of
county commissioners that has at least one licensed adult care home operating
in the county is encouraged to nominate volunteer ombudsman representatives who
are willing and able to serve all the adult care homes in the county, and work
with each of the adult care homes for the best interests of the residents.
Notwithstanding any other provision of this Article, designation as a volunteer
ombudsman representative is contingent upon designation of the nominee by the
Office of the State Long‑Term Care Ombudsman in accordance with G.S. 143B‑181.18.
A designated volunteer ombudsman representative is directly accountable to the
State Long‑Term Care Ombudsman Program in order to perform the duties of
a representative of the Office of the State Long‑Term Care Ombudsman.
(1) A community advisory committee shall be
established in each county that has at least one licensed adult care home,
shall serve all the homes in the county, and shall work with each of these
homes for the best interests of the residents. In a county that has one, two,
or three adult care homes with 10 or more beds, the committee shall have five
members.
(2) In a county with four or more adult care homes
with 10 or more beds, the committee shall have one additional member for each
adult care home with 10 or more beds in excess of three, and may have up to
five additional members at the discretion of the county commissioners, not to
exceed a maximum of 25 members. In each county with four or more adult care
homes with 10 or more beds, the committee shall establish a subcommittee of no
more than five members and no fewer than three members from the committee for
each adult care home in the county. Each member must serve on at least one
subcommittee.
(3) In counties with no adult care homes with 10 or
more beds, the committee shall have five members. Regardless of how many
members a particular community advisory committee is required to have, at least
one member of each committee shall be a person involved in the area of
intellectual or other developmental disabilities.
(4) The boards of county commissioners are
encouraged to appoint the adult care home community advisory committees. Of the
members, a minority (not less than one‑third, but as close to one‑third
as possible) shall be chosen from among persons nominated by a majority of the
chief administrators of adult care homes in the county. If the adult care home
administrators fail to make a nomination within 45 days after written
notification has been sent to them requesting a nomination, these appointments
may be made without nominations. If the county commissioners fail to appoint
members to a committee, the appointments shall be made by the Office of the
State Long‑Term Care Ombudsman no sooner than 45 days after nominations
have been requested from the adult care home administrators. In making
appointments, the Office of the State Long‑Term Care Ombudsman shall
follow the same appointment process as that specified for the county
commissioners.
(5) Notwithstanding any other provision of this
Article, appointment to an adult care home community advisory committee is
contingent upon designation of the appointee by the Office of the State Long‑Term
Care Ombudsman in accordance with G.S. 143B‑181.18. A designated
appointee is directly accountable to the State Long‑Term Care Ombudsman
Program in order to perform the duties as a representative of the Office of the
State Long‑Term Care Ombudsman. Removal of the appointee's designation by
the Office of the State Long‑Term Care Ombudsman automatically rescinds
the appointment to the adult care home community advisory committee.
(6) Any individual who serves as a community
advisory committee member must go through the Office of the State Long‑Term
Care Ombudsman's certification and designation process and meet the
certification and designation requirements in accordance with the State Long‑Term
Care Ombudsman Program Policies and Procedures.
(c) Joint Nursing and Adult
Care Home Community Advisory Committees. Volunteer Ombudsman
Representatives. – Appointment to the
nursing home community advisory committees shall preclude appointment to the
adult care home community advisory committees except where Designation as a volunteer ombudsman representative under G.S. 131E‑128
precludes designation as a volunteer ombudsman representative under this
section, unless the Office of the State Long‑Term Care Ombudsman provides
written approval to combine these committees
is obtained from the Office of the State Long‑Term Care Ombudsman. Where
this approval is obtained, the joint nursing and adult care home community
advisory committee shall have the membership required of nursing home community
advisory committees and one additional member for each adult care home with 10
or more beds licensed in the county. In counties with no adult care homes with
10 or more beds, there shall be one additional member for every four other
types of adult care homes in the county. In no case shall the number of members
on the joint nursing and adult care home community advisory committee exceed
25. Each member volunteer functions. Upon approval by the Office of the
State Long‑Term Care Ombudsman, any person appointed as a joint nursing
and adult care home volunteer ombudsman representative shall exercise the
their statutory rights and responsibilities of with
respect to both nursing home community advisory committees and adult
care home community advisory committees. In making appointments to this joint
committee, the county commissioners shall solicit nominations from both nursing
and adult care home administrators for the appointment of approximately (but no
more than) one‑third of the members.homes and adult care homes.
(c1) List of Volunteer Ombudsman Representatives. – The names of all designated volunteer ombudsman representatives and joint nursing and adult care home volunteer ombudsman representatives and the dates of expiration of their terms shall be filed with the Office of the State Long‑Term Care Ombudsman, which shall supply a copy of the names of all volunteer ombudsman representatives and joint nursing and adult care home volunteer ombudsman representatives to the Division of Health Service Regulation.
(d) Terms of Office. – Each committee
member shall serve an initial term of one year. Any person reappointed to a
second or subsequent term in the same county shall serve a two‑or three‑year
term at the county commissioners' discretion to ensure staggered terms of
office.volunteer ombudsman representative shall serve for as long as the
volunteer ombudsman representative remains in compliance with training, certification,
and other applicable requirements of the Office of the State Long‑Term
Care Ombudsman. Removal of the nominee's designation as a volunteer ombudsman
representative by the Office of the State Long‑Term Care Ombudsman
automatically rescinds the designation and ends the term of a volunteer
ombudsman representative.
(e) Vacancies. – Any vacancy shall be filled by
appointment of a person for a one‑year term. If this vacancy is in a
position filled by an appointee nominated by the chief administrators of adult
care homes within the county, then the county commissioners shall fill the
vacancy from persons nominated by a majority of the chief administrators. If
the adult care home administrators fail to make a nomination by registered mail
within 45 days after written notification has been sent to them requesting a
nomination, this appointment may be made without nominations. If the county
commissioners fail to fill a vacancy, the vacancy shall be filled by the Office
of the State Long‑Term Care Ombudsman no sooner than 45 days after the
commissioners have been notified of the appointment or vacancy.
(f) Officers. – The committee shall elect from its
members a chair, to serve a one‑year term.
(g) Minimum Qualifications
for Appointment. Designation. – Each member must be nominee
is required to meet all of the following criteria prior to being designated as
a volunteer ombudsman representative by the Office of the State Long‑Term
Care Ombudsman:
(1) Is a resident of the county which the
committee where he or she serves. No person or
(2) Does not have a financial interest in any adult
care home served by the volunteer ombudsman representative and does not have an
immediate family member of a person with a financial interest in a
home served by the committee, or volunteer ombudsman representative.
(3) Is not an employee or governing board member
of a home served by the committee, or volunteer ombudsman
representative.
(4) Is not an immediate family member of a
resident in a home served by the committee may be a member of that
committee. volunteer ombudsman representative.
(g1) County Commissioner Volunteers. – Any county
commissioner who is appointed to the committee serves on the committee designated
as a volunteer ombudsman representative shall serve in an ex officio
capacity. Members of the committee
(g2) No Compensation for Volunteers. – Volunteer
ombudsman representatives shall serve without compensation, but may be
reimbursed for actual expenses incurred by them in the performance of their
duties. The names of the committee members and the date of expiration of
their terms shall be filed with the Office of the State Long‑Term Care
Ombudsman.
(h) Training, Certification,
and Designation. – The Office of the State Long‑Term Care Ombudsman shall
develop training requirements for certification and designation of volunteer
ombudsman representatives in accordance with 45 C.F.R. § 1324.13(c)(2).
Each committee member must receive volunteer ombudsman representative
is required to complete certification training as specified by the State
Long‑Term Care Ombudsman Program Policies and Procedures and be
designated as representatives a representative of the State Long‑Term
Care Ombudsman Program prior to exercising any power under G.S. 131D‑32.
The State Long‑Term Care Ombudsman Program shall provide the
committees volunteer ombudsman representatives with information,
guidelines, training, and consultation to direct them in the performance of
their duties.
(i) Privilege. – Any
written communication made by a member of an adult care home advisory
committee volunteer ombudsman representative within the course and
scope of the member's volunteer's duties, as specified in
G.S. 131D‑32, is privileged to the extent provided in this
subsection. All communication is communications by volunteer ombudsman
representatives are the property of the Office of the State Long‑Term
Care Ombudsman and is are subject to the Office's disclosure
policies. This privilege is a defense in a cause of action for libel if the member
volunteer ombudsman representative was acting in good faith and the
his or her statements and communications do not amount to
intentional wrongdoing.
(j) Waiver of Qualified Immunity. – To the
extent that any adult care home advisory committee or any member volunteer
ombudsman representative is covered by liability insurance, that committee
or member volunteer shall be deemed to have waived the qualified
immunity provided in this subsection to the extent of indemnification by
insurance."
SECTION 7. G.S. 131D‑32 reads as rewritten:
"§ 131D‑32.
Functions of volunteer adult care home community advisory committees.ombudsman
representatives.
(a) The committee shall
serve as the nucleus for Volunteer adult care home ombudsman
representatives shall promote increased community involvement with adult
care homes and their residents.
(b) The committee Volunteer
adult care home ombudsman representatives shall promote community education
and awareness of the needs of aging and disabled persons who reside in adult
care homes, and shall work towards keeping the public informed about aspects of
long‑term care and the operation of adult care homes in North Carolina.
(c) The committee shall develop and recruit
volunteer resources to enhance the quality of life for adult care home
residents.
(d) The committee Volunteer
adult care home ombudsman representatives shall establish linkages with the
adult care home administrators and the county department of social services for
the purpose of maintaining the intent of the Adult Care Home Residents' Bill of
Rights.
(e) Each committee Volunteer
adult care home ombudsman representatives shall apprise itself themselves
of the general conditions under which the persons are residing in the
homes, and shall work for the best interests of the persons in the homes. This
may include assisting persons who have grievances with the home and
facilitating the resolution of grievances at the local level. The identity of
any complainant or resident involved in a complaint shall not be disclosed except
as permitted under the Older Americans Act of 1965, as amended, 42 U.S.C. §
3001 et seq. The committee Volunteer adult care home ombudsman
representatives shall notify the enforcement agency of all verified
violations of the Adult Care Home Residents' Bill of Rights.
(f) The committee or
subcommittee Volunteer adult care home ombudsman representatives may
communicate through the committee chair with the Department of Health
and Human Services, the county department of social services, or any other
agency in relation to the interest of any resident.
(g) Each committee shall quarterly visit the adult
care homes with 10 or more beds it serves. For each official quarterly visit, a
majority of the committee members shall be present. A minimum of three members
of the committee shall make at least one visit annually to each other type of
adult care home licensed in the county. In addition, each committee may visit
the adult care homes it serves whenever it deems it necessary to carry out its duties.
In counties with subcommittees, the subcommittee assigned to a home shall
perform the duties of the committee under this subsection, and a majority of
the subcommittee members must be present for any visit. When visits are made to
group homes for developmentally disabled adults, rules concerning
confidentiality as adopted by the Commission for Mental Health, Developmental
Disabilities, and Substance Abuse Services shall apply.
(h) The individual
members of the committee shall With prior notice to the administrator of
an adult care home, volunteer ombudsman representatives have the right between
10:00 a.m. and 8:00 p.m. to enter the a facility the
committee he or she serves in order whenever the volunteer
ombudsman representative deems it necessary to carry out the members' his
or her responsibilities. In a county where subcommittees have been
established, this right of access shall be limited to members of the
subcommittee which serves that home. A majority of the committee or
subcommittee members shall be present to enter the facility at other hours. Before
entering any adult care home, the committee or members of the committee
shall identify themselves volunteer ombudsman representative shall
identify himself or herself to the person present at the facility who is in
charge of the facility at that time. When a volunteer ombudsman
representative visits a group home for developmentally disabled adults, rules
concerning confidentiality as adopted by the Commission for Mental Health,
Developmental Disabilities, and Substance Abuse Services apply.
(i) The committee volunteer
ombudsman representative shall prepare reports as required by the
Department of Health and Human Services containing an appraisal of the problems
of adult care homes facilities as well as issues affecting long‑term care
in general. Copies of the report shall be sent to the board of county
commissioners, county department of social services and the Division of Aging.
(j) Nothing contained in this section shall be construed to require the expenditure of any county funds to carry out the provisions in this section."
PART III. CONFORMING CHANGES
SECTION 8. G.S. 143B‑181.18 reads as rewritten:
"§ 143B‑181.18. Office of State Long‑Term Care Ombudsman Program/State Ombudsman duties.
The State Ombudsman shall perform the duties provided below:
…
(3b) Designate and refuse,
suspend, or remove designation of volunteer representatives of the Office of
the State Long‑Term Care Ombudsman, including any community advisory
committee appointees, volunteer ombudsman representatives designated
under G.S. 131E‑128 or G.S. 131D‑31 in accordance
with the State Long‑Term Care Ombudsman Program Policies and Procedures.
…."
SECTION 9. G.S. 143‑157.1(2) and (21) are repealed.
PART IV. EFFECTIVE DATE
SECTION 10. This act becomes effective October 1, 2025.