HomeMy WebLinkAboutAgenda - 10-03-2017 -11-a - Adult Care Home Community Advisory Committee - Appointments 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 3, 2017
Action Agenda
Item No. 11-a
SUBJECT: Adult Care Home Community Advisory Committee - Appointments
DEPARTMENT: Board of Commissioners
ATTACHMENT(S): Under Separate Cover INFORMATION CONTACT:
Membership Roster Clerk's Office, 919-245-2130
Recommendations
Applications for Persons Recommended
Attendance Records
Applicant Interest List
Application of Person on the Interest List
By-Laws and Statute HB248
PURPOSE: To consider making appointments to the Adult Care Home Community Advisory
Committee.
BACKGROUND: The following information is for Board consideration:
(NOTE: As of July 1, 2017, a new bill was passed in the North Carolina Legislature
regarding the training period for pending members of the "Adult Care Home Community
Advisory Committee and Nursing Home Community Advisory Committee". The bill is
HB248 (see attachment) which reverses the appointment of the applicant to a one year
training term. Applicants will be selected from our county "Applicant Interest List" for a
more condensed training and if the applicant successfully completes the training, they
would be recommended for appointment. Therefore, when an applicant is recommended
for appointment, it would initially be for a one year preliminary term and their training will
have already been completed.
• Appointment to a preliminary one year term (Position #2) "At-Large DD/MR" position for
Dr. Michael C. Joseph expiring 09/19/2018.
• Appointment to second full term (Position #7) "At-Large" position for Yvonne Mendenhall
expiring 10/31/2019.
POSITION NO. NAME SPECIAL REPRESENTATIVE EXPIRATION DATE
2 Dr. Michael C. Joseph At-Large DD/MR 10/31/2019
7 Yvonne Mendenhall At-Large 10/31/2019
NOTE - If the individuals listed above are appointed, the following vacancies remain:
(Please be reminded that training of applicants must occur, according to HB248, prior to
anyone being appointed to an open position)
2
• *Position #5--- "At-Large" position expiring 10/31/2019. This position has been
vacant since 08/17/2017. Public Service Announcements continue to go out along
with posting on social media.
• *Position #6--- "At-Large" position expiring 10/31/2019. This position has been
vacant since 08/17/2017. Public Service Announcements continue to go out along
with posting on social media.
FINANCIAL IMPACT: None.
SOCIAL JUSTICE IMPACT: Enable Full Civic Participation. Ensure that Orange County
residents are able to engage government through voting and volunteering by eliminating
disparities in participation and barriers to participation.
RECOMMENDATION(S): The Manager recommends that the Board consider making
appointments to the Adult Care Home Community Advisory Committee.
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July 25, 2017
VIA ELECTRONIC MAIL
Thom Freeman
Assistant to the Clerk
Orange County Board of Commissioners
200 South Cameron Street
PO Box 8181
Hillsborough, NC 27278
Re: Michael C. Joseph, MD
Mr. Freeman,
Please accept this correspondence as my recommendation that Dr. Michael Joseph be
appointed to the Orange County Adult Care Home Community Advisory Committee. I have
personally met with Dr. Joseph and am certain he will be an excellent addition to the CAC. His
background and experience will make him a valuable member and an important advocate for
the residents of the county's ACHs.
Thank you for your assistance with this matter. Should you have any questions, please just let
me know.
Sincerely,
A4Rx MR:cov1,
Max Mason
Chairman, Orange County Adult Care Home Community Advisory Committee
cc: Autumn Cox, Regional Ombudsman
7
September 22, 2017
VIA ELECTRONIC MAIL
Thom Freeman
Assistant to the Clerk
Orange County Board of Commissioners
200 South Cameron Street
PO Box 8181
Hillsborough, NC 27278
Re: Yvonne Mendenhall
Mr. Freeman,
Please accept this correspondence as my recommendation that Ms. Yvonne Mendenhall be
reappointed to the Orange County Adult Care Home Community Advisory Committee. Ms.
Mendenhall is an outstanding member of the CAC and her contributions to the adult care home
community (really, the entire senior community) are almost immeasurable. She is an essential
member of this CAC and I wholeheartedly endorse her continued service.
Thank you for your assistance with this matter. Should you have any questions, please just let
me know.
Sincerely,
A4Rx MR:cov1,
Max Mason
Chairman, Orange County Adult Care Home Community Advisory Committee
cc: Autumn Cox, Regional Ombudsman
8
Page 1 of 1 Michael C. Joseph
Volunteer Application
Orange County Advisory Boards and Commissions
Name: Dr. Michael C. Joseph
Name Called:
Home Address: 506 Silver Fox Circle
Hillsborough NC 27278
Phone (Day): 919-923-3907
Phone (Evening): 919-923-3907
Phone (Cell): 919-923-3907
Email: mcjosephmd @nc.rr.com
Place of Employment: Retired
Job Title: N/A
Year of OC Residence: 2004
Township of Residence: Hillsborough
Zone of Residence:
Sex: Male
Ethnic Background: African American
Community Activities/Organizational Memberships:
Friends of the Orange County Library(FOCL), free middle school math tutoring (grades
7&8). Peer leadership in Chapel Hill (12 - lecture course on common medical issues in
seniors).
Past Service on Orange County Advisory Boards:
None.
Boards/Commissions applied for:
Adult Care Home Community Advisory Committee
Background, education and experience relevant to this board:
I am a physician with 30 years experience in drug safety and clinical studies, covering adult 18-
65.
Reasons for wanting to serve on this board:
I dealt with 3 assisted living facilities in NC with my mother from age 83 -91. I am now working
on my 97 year old mother in law s placement.
Conflict of Interest:
Supplemental Questions:
Boards/Commissions appointments:
Other Comments:
This application was current on: 2/2/2017 11:38:55 AM Date Printed: 2/6/2017
9
Page 1 of 2 A Yvonne Mendenhall
Volunteer Application
Orange County Advisory Boards and Commissions
Name: A Yvonne Mendenhall
Name Called:
Home Address: 304 W Barbee Chapel Rd
Chapel Hill NC 27517
Phone (Day): 919-968-7874
Phone (Evening): 919-968-7874
Phone (Cell): 919-360-1756
Email: menholiday @aol.com
Place of Employment: Retired
Job Title: Retired
Year of OC Residence: 2002
Township of Residence: Chapel Hill
Zone of Residence:
Sex: Female
Ethnic Background: Caucasian
Community Activities/Organizational Memberships:
Orange County Project EngAGE
Meadowmont Seniors in Community Aging in Community group founder
MAPP founder, member
Community Emergency Response Team
Completing on MS in Gerontology
OLLI presenter Aging in Community
Recent Charles House volunteer practicum
Past Service on Orange County Advisory Boards:
Served on the last Master Aging Plan workgroup.
Boards/Commissions applied for:
Adult Care Home Community Advisory Committee
Background, education and experience relevant to this board:
Experience volunteering in Aging in Community
Completing MS in Gerontology
Practicum with The Charles House 2013
Volunteer with GCM, Madelyn Ashley,in Senior Support Group
Reasons for wanting to serve on this board:
I am very interested in the wellbeing and successful aging of all elders.Various coursework dealt
with benefits and concerns with seniors (and their families) living in skilled nursing facilities, adult
care homes, assisted living facilities.
Conflict of Interest:
Supplemental Questions:
10
Page 2 of 2 A Yvonne Mendenhall
Other Comments:
This application was current on: 8/24/2014 5:49:16 PM Date Printed: 8/25/2014
11
BOCC Attendance Report For Advisory Board Appointments
Adult Care Home Community Advisory Committee
Jul /2016 — Jul /2017
Member Appointed Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul
Yvonne Mendenhall 12/09/2014 P P P P E P P
P: Present E: Excused A: Absent
Current through—07/31/2017
12
Applicant Interest Listing by Board Name and by Applicant Name
Contact Person: Autumn Cox
Adult Care Home Community Advisory Committee contact Phone: 919-558-9401
Tiketha Collins Day Phone: 9193329917 Sex: Female
600 S.Churton Street Evening Phone: 9193329917 Race: African American
Hillsborough NC 27278 Cell Phone: 9193329917 Township: Hillsborough
E-mail: tikethacollins @gmail.com Res.Eligibility: Hillsborough ETJ
Date Applied: 08/25/2017
Skills: Also Serves On:
Dr. Michael C. Joseph Day Phone: 919-923-3907 Sex: Male
506 Silver Fox Circle Evening Phone: 919-923-3907 Race: African American
Hillsborough NC 27278 Cell Phone: 919-923-3907 Township: Hillsborough
E-mail: mcjosephmd @nc.rr.com Res.Eligibility: Hillsborough ETJ
Date Applied: 02/02/2017
Skills: Also Serves On:
Jacqulyn Podger Day Phone: 919-740-8814 Sex: Female
719 New Hope Church Rd. Evening Phone: 919-240-7633 Race: Caucasian
Chapel Hill NC 27516 Cell Phone: 919-740-8814 Township: Chapel Hill
E-mail: jacannpod @gmail.com Res.Eligibility: County
Date Applied: 04/18/2017
Skills: Also Serves On: Human Relations Commission
Skills: Also Serves On: Nursing Home Community Advisory Committee
Katy Stewart Day Phone: 9196915555 Sex: Female
8407 NC 57 Evening Phone: 9196915555 Race: Caucasian
Rougemont NC 27572 Cell Phone: 9196915555 Township: Hillsborough
E-mail: katystewl @gmail.com Res.Eligibility:
Date Applied: 03/31/2017
Skills: Also Serves On:
Thursday,August 31,2017 Page 1 of 1
13
Page 1 of 2 Tiketha Collins
Volunteer Application
Orange County Advisory Boards and Commissions
Name: Tiketha Collins
Name Called:
Home Address: 600 S. Churton Street
Hillsborough NC 27278
Phone (Day): 9193329917
Phone (Evening): 9193329917
Phone (Cell): 9193329917
Email: tikethacollins @gmail.com
Place of Employment: Durham Nursing and Rehab
Job Title: Director of Social Services
Year of OC Residence: 2015
Township of Residence: Hillsborough
Zone of Residence:
Sex: Female
Ethnic Background: African American
Community Activities/Organizational Memberships:
None at this time. I have a great interest in the aging
Past Service on Orange County Advisory Boards:
none
Boards/Commissions applied for:
Advisory Board on Aging
Background, education and experience relevant to this board:
I have worked with the aging for over 10 years. I have studied gerontology on graduate level.
Reasons for wanting to serve on this board:
I desire to assist in the programs that directly affect the aging in my community.
Conflict of Interest:
Adult Care Home Community Advisory Committee
Background, education and experience relevant to this board:
I have worked with the aging for over 10 years. I have studied gerontology on graduate level.
Reasons for wanting to serve on this board:
I desire to assist in the programs that directly affect the aging in my community and ensure the
well being of those in placement. .
Conflict of Interest:
14
Page 2 of 2 Tiketha Collins
Durham Technical Community College Board of Trustees
Background, education and experience relevant to this board:
I have worked with children and adults in the education system. I previously worked as a GED
instructor.
Reasons for wanting to serve on this board:
I desire to ensure the quality of education is available for all who desire and the process is easily
to obtain the goal of additional education.
Conflict of Interest:
My son is currently attending Durham Tech.
Supplemental Questions:
Durham Technical Community College Board of Trustees
What improvements do you believe can be made so that DTCC better serves the
residents of Orange County?
Increase the courses offered, enlarge the campus to accommodate additional students.
Boards/Commissions appointments:
Other Comments:
This application was current on: 8/25/2017 10:45:59 AM Date Printed: 8/25/2017
15
Page 1 of 2 Jacqulyn Podger
Volunteer Application
Orange County Advisory Boards and Commissions
Name: Jacqulyn Podger
Name Called:
Home Address: 719 New Hope Church Rd.
Chapel Hill NC 27516
Phone (Day): 919-740-8814
Phone (Evening): 919-240-7633
Phone (Cell): 919-740-8814
Email: jacannpod @gmail.com
Place of Employment: retired
Job Title: former Duke employee 14 years
Year of OC Residence: 2008
Township of Residence: Chapel Hill
Zone of Residence: County
Sex: Female
Ethnic Background: Caucasian
Community Activities/Organizational Memberships:
1. Senior Health Insurance Information Program Counselor
2. A Helping Hand Volunteer and Pro Bono Hero
3. Board Member Junior Leadership of Durham
Past Service on Orange County Advisory Boards:
Former Adult Home Advisory Committee for Durham County
Boards/Commissions applied for:
Adult Care Home Community Advisory Committee
Background, education and experience relevant to this board:
Previous experience with the Adult Care Home Advisory Committee in Durham County along
with current commitment to SHIIP and A Helping Hand. Both commitments are volunteer and I
work with seniors in Orange County and am aware of the problems facing an aging population. I
believe I can offer a perspective unique to my experience in providing front line services.
Reasons for wanting to serve on this board:
I have a passion for working with seniors and would like to contribute in a way that can influence
decision making at a county and state level.
Conflict of Interest:
16
Page 2 of 2 Jacqulyn Podger
Advisory Board on Aging
Background, education and experience relevant to this board:
Durham County along with current commitment to SHIIP and A Helping Hand. Both
commitments are volunteer and I work with seniors in Orange County and am aware of the
problems facing an aging population. I believe I can offer a perspective unique to my experience
in providing front line services.
Reasons for wanting to serve on this board:
I have a passion for working with seniors and would like to contribute in a way that can influence
decision making at a county and state level.
Conflict of Interest:
Nursing Home Community Advisory Committee
Background, education and experience relevant to this board:
Durham County along with current commitment to SHIIP and A Helping Hand. Both
commitments are volunteer and I work with seniors in Orange County and am aware of the
problems facing an aging population. I believe I can offer a perspective unique to my experience
in providing front line services.
Reasons for wanting to serve on this board:
I have a passion for working with seniors and would like to contribute in a way that can influence
decision making at a county and state level.
Conflict of Interest:
Supplemental Questions:
Other Comments:
This application was current on: 5/23/2016 12:37:29 PM Date Printed: 5/23/2016
17
Page 1 of 2 Katy Stewart
Volunteer Application
Orange County Advisory Boards and Commissions
Name: Katy Stewart
Name Called:
Home Address: 8407 NC 57
Rougemont NC 27572
Phone (Day): 9196915555
Phone (Evening): 9196915555
Phone (Cell): 9196915555
Email: katystew1@gmail.com
Place of Employment: Self employed
Job Title: RN
Year of OC Residence: 1997
Township of Residence: Hillsborough
Zone of Residence:
Sex: Female
Ethnic Background: Caucasian
Community Activities/Organizational Memberships:
I am currently exploring ways to get involved with my community and advocate for the
clientele that I have been caring for my whole career. I have been a nurse for 25 years. I
have worked with the geriatric community during those years with 22 years spent in
hospice care. I have recently decided to work for myself and care for those as I can. I am
researching housing for the elderly and terminally ill. I want to provide a safe caring
environment for this population. I believe I have many years of experience to offer.
Past Service on Orange County Advisory Boards:
None
Boards/Commissions applied for:
Adult Care Home Community Advisory Committee
Background, education and experience relevant to this board:
25 years in nursing of the elderly. Head of hospice care during most of my career. As well as
home health care, visiting most of all care homes in the 25 mile radius.
Reasons for wanting to serve on this board:
I would like to offer my knowledge that I have have gained in this field in a constructive, helpful
way. I want to be a patient advocate, speak for a population I know very well.
Conflict of Interest:
18
Page 2 of 2 Katy Stewart
Advisory Board on Aging
Background, education and experience relevant to this board:
As I stated above, 25 years in nursing of the elderly. Head of hospice care during most of my
career. As well as home health care, visiting most of all care homes in the 25 mile radius. I want
to be a patient advocate, speak for a population I know very well.
Reasons for wanting to serve on this board:
I want to offer any knowledge I have gained to speak for this population.
Conflict of Interest:
Board of Health
Background, education and experience relevant to this board:
As I stated above, 25 years in nursing of the elderly. Head of hospice care during most of my
career. As well as home health care, visiting most of all care homes in the 25 mile radius. I want
to be a patient advocate, speak for a population I know very well.
Reasons for wanting to serve on this board:
I want to be a patient advocate, speak for a population I know very well.
Conflict of Interest:
Supplemental Questions:
Boards/Commissions appointments:
Other Comments:
This application was current on: 3/31/2017 Date Printed: 6/9/2017
19
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2017-103
HOUSE BILL 248
AN ACT TO MAKE CHANGES TO THE ADULT CARE HOME AND NURSING HOME
ADVISORY COMMITTEES TO CONFORM TO THE ADMINISTRATION FOR
COMMUNITY LIVING RULES AND RECENT CHANGES TO THE STATE
LONG-TERM CARE OMBUDSMAN PROGRAM AND TO DIRECT THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY THE HOPE ACT
AND RELATED FEDERAL REGULATIONS AND TO MAKE RECOMMENDATIONS
TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND
HUMAN SERVICES.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 131D-31 reads as rewritten:
"§ 131D-31. Adult care home community advisory committees.
(a) Statement of Purpose. —It is the intention of the General Assembly that community
advisory es-committee members function as 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 promote community
involvement and cooperation with adult care homes to ensure quality care for the elderly and
disabled adults.
(b) Establishment and Appointment of Committees. —
(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 mental retardation.
(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
'H248—v-5'
20
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 by July 1, 1983, committee, the appointments shall be made
by the Assistant Secretary for Aging, Department of Health and Human
Services, Office of the State Long-Term Care Ombudsman no sooner than
45 days after nominations have been requested from the adult care home
administrators, but no later than October 1, 1983.administrators. In making
appointments, the Assistant Secretary for Aging Office of the State
Long-Term Care Ombudsman shall follow the same appointment process as
that specified for the County Commissioners.
tsj 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.
0) 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. —
Appointment to the Nursing Home Community Advisory Committees shall preclude
appointment to the Adult Care Home Community Advisory Committees except where written
approval to combine these committees is obtained from the Assistant Secretary for Aging,
Department of Health and Human Services.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 shall exercise the statutory rights and
responsibilities of both Nursing Home Committees and Adult Care Home 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.
(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.
(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
Page 2 Session Law 2017-103 House Bill 248
21
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 Assistant Secretary for Aging, Department of Health and Human Services
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. —Each member must be a resident of the
county which the committee serves. No person or immediate family member of a person with a
financial interest in a home served by the committee, or employee or governing board member
of a home served by the committee, or immediate family member of a resident in a home
served by the committee may be a member of that committee. Any county commissioner who
is appointed to the committee shall be deemed to be serving on the committee in an ex officio
capacity. Members of the committee 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 Division of
Aging, Department of Health and Human Services.Office of the State Long-Term Care
Ombudsman.
(h) Training. Training, Certification, and Designation. — The Division of Aging,
Department of Health and Human Services, Office of the State Long-Term Care Ombudsman
shall develop training materials, which shall be distributed to each committee member.training
requirements for certification and designation in accordance with 45 C.F.R. § 1324.13(c)(2).
Each committee member must receive certification training as specified by the Division of
Aging State Long-Term Care Ombudsman Program Policies and Procedures and be designated
as representatives of the State Long-Term Care Ombudsman Program prior to exercising any
power under G.S. 131D-32. The Division of Aging, Department of Health and Human
Services, State Long-Term Care Ombudsman Program shall provide the committees with
information, guidelines, training, and consultation to direct them in the performance of their
duties.
(i) Any written communication made by a member of adult care home advisory
committee within the course and scope of the member's duties, as specified in G.S. 131D-32,
shall be privileged to the extent provided in this subsection. All communication shall be
considered the property of the Office of the State Long-Term Care Ombudsman and subject to
the Office's disclosure policies. This privilege shall be a defense in a cause of action for libel if
the member was acting in good faith and the statements and communications do not amount to
intentional wrongdoing.
To the extent that any adult care home advisory committee or any member is covered by
liability insurance, that committee or member shall be deemed to have waived the qualified
immunity herein to the extent of indemnification by insurance."
SECTION 1.(b) G.S. 131E-128 reads as rewritten:
"§ 131E-128. Nursing home advisory committees.
(a) It is the purpose of the General Assembly that community advisory es
committee members function as representatives of the Office of the State Long-Term Care
Ombudsman and through their designation work to maintain the intent of this Part 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. It is the further purpose of
the General Assembly that the committees 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
has a nursing home, including a nursing home operated by a hospital
licensed under Article 5 of G.S. Chapter 131E, shall serve all the homes in
House Bill 248 Session Law 2017-103 Page 3
22
the county, and shall work with each home in 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.
(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) Each committee shall be appointed by the board of county commissioners.
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.
tsj 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) 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.
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23
(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 may shall be made or
vacancy filled by the Secretary or the Secretary's designee 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 may shall be made or vacancy filled by the
Secretary or the Secretary's designee 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) Each member must be a resident of the county which the committee serves. No
person or immediate family member of a person with a financial interest in a home served by a
committee, or employee or governing board member or immediate family member of an
employee or governing board member of a home served by a committee, or immediate family
member of a patient in a 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. Any county commissioner who is appointed to the committee shall be deemed to
be serving on the committee in an ex officio capacity. Members of the committee 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 Division of Aging, Office of the State
Long-Term Care Ombudsman, which shall supply a copy to the Division of Health Service
Regulation.
(g) The Division of Aging, Department of Health and Human Services, Office of the
State Long-Term Care Ombudsman shall develop training materials which shall be distributed
to each committee member and nursing home. requirements for certification and designation in
accordance with 45 C.F.R. § 1324.13(c)(2). Each committee member must receive certification
training as specified by the Division of Aging State Long-Term Care Ombudsman Program
Policies and Procedures and be designated as representatives of the State Long-Term Care
Ombudsman Program prior to exercising any power under subsection (h) of this section. The
Division of Aging, Department of Health and Human Services, State Long-Term Care
Ombudsman Program shall provide the committees with information, guidelines, training, and
consultation to direct them in the performance of their duties.
(h) (1) Each committee shall apprise itself 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.
House Bill 248 Session Law 2017-103 Page 5
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(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 the right between 10:00 A.M. and
8:00 P.M. to enter into the facility the committee serves in order to carry out
the members' 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 may communicate through its chair with the
Department or any other agency in relation to the interest of any patient. 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 shall identify itself to the person present at the facility who is in
charge of the facility at that time.
(i) Any written communication made by a member of a nursing home advisory
committee within the course and scope of the member's duties, as specified in G.S. 131E-128,
shall be privileged to the extent provided in this subsection. All communication shall be
considered the property of the Office of the State Long-Term Care Ombudsman and subject to
the Office's disclosure policies. This privilege shall be a defense in a cause of action for libel if
the member was acting in good faith and the statements or communications do not amount to
intentional wrongdoing.
To the extent that any nursing home advisory committee or any member thereof is covered
by liability insurance, that committee or member shall be deemed to have waived the qualified
immunity herein to the extent of indemnification by insurance."
SECTION 1.(c) 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:
(1) Promote community involvement with long-term care providers and
residents of long-term care facilities and serve as liaison between residents,
residents' families, facility personnel, and facility administration.
(2) Supervise the State Long-Term Care Ombudsman Program pursuant to rules
adopted by the Secretary of the Department of Health and Human Services
pursuant to G.S. 143B-10.
(3) Certify regional ombudsmen. Certification requirements shall include an
internship, training in the aging process, complaint resolution, long-term
care issues, mediation techniques, recruitment and training of volunteers,
and relevant federal, State, and local laws,policies, and standards.
(3a) Designate certified Regional Ombudsmen as representatives of the Office of
the State Long-Term Care Ombudsman Office as well as refuse, suspend, or
remove designation as a representative of the Office of the State Long-Term
Care Ombudsman in accordance with the Office of the State Long-Term
Care Ombudsman Program Policies and Procedures.
Page 6 Session Law 2017-103 House Bill 248
25
(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, in accordance
with the State Long-Term Care Ombudsman Program Policies and
Procedures.
(4) Attempt to resolve complaints made by or on behalf of individuals who are
residents of long-term care facilities, which complaints relate to
administrative action that may adversely affect the health, safety, or welfare
of residents.
(5) Provide training and technical assistance to regional ombudsmen.
(6) Establish procedures for appropriate access by regional ombudsmen to
long-term care facilities and residents' files, records, and other information,
including procedures to protect the confidentiality of these files, records, and
other information and to ensure that the identity of any complainant or
resident will not be disclosed except as permitted under the Older Americans
Act of 1965, as amended, 42 U.S.C. § 3001 et seq. and regulations
promulgated thereunder.
(7) Analyze data relating to complaints and conditions in long-term care
facilities to identify significant problems and recommend solutions.
(8) Prepare an annual report containing data and findings regarding the types of
problems experienced and complaints reported by residents as well as
recommendations for resolutions of identified long-term care issues.
(9) Prepare findings regarding public education and community involvement
efforts and innovative programs being provided in long-term care facilities.
(10) Provide information to public agencies, and through the State Ombudsman,
to legislators, and others regarding problems encountered by residents or
providers as well as recommendations for resolution.
(11) Provide leadership for statewide systems advocacy efforts of the Office on
behalf of long-term care residents, including independent determinations and
positions that shall not be required to represent the position of the State
agency or other agency within which the Ombudsman Program is
organizationally located. Provide coordination of systems advocacy efforts
with representatives of the Office as outlined in Ombudsman Policies and
Procedures.
(12) To the extent required to meet the requirement of the Older Americans Act
and regulations promulgated thereunder regarding allotments for Vulnerable
Elder Rights Protection Activities, the State Ombudsman and representatives
of the Office are excluded from any State lobbying prohibitions under
requirements to conduct systems advocacy on behalf of long-term care
residents.
(13) Determine the use of the fiscal resources as required by 42 U.S.C. § 3001 et
seq. and regulations promulgated thereunder."
SECTION 2. The Department of Health and Human Services shall examine P.L.
113-51, HIV Organ Policy Equity (HOPE) Act, and the Final Safeguards and Research Criteria
publication by the U.S. Department of Health and Human Services and National Institutes of
Health to determine public health safeguards, regulations, and statutory changes necessary for
consideration by the General Assembly. The Department shall submit a report of findings and
recommendations, including any necessary statutory changes, to the Joint Legislative Oversight
Committee on Health and Human Services on or before January 1, 2018.
House Bill 248 Session Law 2017-103 Page 7
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SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 29th day of June,
2017.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 1:53 p.m. this 12th day of July, 2017
Page 8 Session Law 2017-103 House Bill 248