July 18, 2018 
by Tony Adams, Adams and Associates Government Relations

The NC General Assembly was in the 2018 short session for a brief six weeks, adjourning on June 29. Not many bills were passed, with the members intent on getting out of town as quickly as possible to concentrate on their election campaigns in November. Their time was spent primarily working on overriding several vetoes of bills by Governor Roy Cooper and writing and passing six proposed constitutional amendments that will be placed on the ballot in November for voters to consider.

In order to amend the state constitution, three-fifths of the General Assembly has to agree to bring the proposed amendment to a statewide vote. This session, Republicans have taken a rare opportunity to propose six constitutional amendments, most without support from Democratic lawmakers. The governor does not weigh-in on the amendments, but voters do. The proposed constitutional amendments are:

Contained in the 2018 budget is a section—Section 11G.1.(a)—that defines an adult care home administrator as a person approved by the Department of Health and Human Services as an assisted living administrator under G.S. 90-288.14 or as an adult care home administrator under G.S 90-288-14A, who has the responsibility for the total operations of a licensed adult care home. The language below in bold print details the law as changed in the bill:

Section 11G.1.(b) amends Article 20A of Chapter 90 of the General Statutes to read: 90-288.14A. Approval for nursing home administrators to serve as adult care home administrators. The Department shall approve as an adult care home administrator any individual licensed as a nursing home administrator under Article 20 of this chapter who, within 90 calendar days after commencing employment as a nursing home administrator, successfully completes the written examination administered by the Department for assisted living administrator certification. An individual approved as an adult care home administrator pursuant to this section is deemed to meet the requirements of G.S. 90-288.14 and may renew his or her assisted living administrator certification pursuant to G.S. 90-288.15.

On June 1, Rep Scott Stone of Mecklenburg County filed HB 1071, the Assisted Seniors Financial Protection Act. HB 1071 had two major elements: to provide what Stone contends are financial protections for residents of Adult Care Homes against unanticipated cost increases and to provide more time for residents before they are discharged. NCALA strongly opposed HB 1071, citing current rules and General Statutes already in place for the protection of assisted living residents; therefore, eliminating the need for additional rules or general statutes. NCALA has agreed to work collaboratively during the next few months with legislators, DHHS, the Medical Care Commission (as necessary), and its member organizations and facilities, to address any issues and concerns related to resident rates, contracts, and notices of contract terms and rates, and to ensure that their members are educated and fully informed about the laws governing rates, charges, and contracts. Because of NCALA’s commitment to work with Rep Stone to address his concerns, he agreed to put HB 1071 on the shelf for the Short Session and work closely with DHHS and the industry to address these concerns during the next several months before the 2019 long session of the General Assembly begins in January.

For more information about the North Carolina General Assembly, or to identify your legislators, please visit www.ncleg.net. For more information on these and other legislative issues, please contact NCALA.

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