Overnight Respite Services Rules

The Department of Health and Human Services was authorized to pilot an overnight respite program in facilities that offer Adult Day Care with Session Law 2011-104. Subsequently, rules for this pilot program were established and Session Law 2015-52 extended the sunset date for the rules to June 1, 2017. Session Law 2015-241 provided for the establishment of licensure to adult day care and adult day health facilities to offer overnight respite. This law also directed the N.C. Medical Care Commission to adopt rules governing the program and oversight of the program that will be accomplished through inspections by the Division of Health Service Regulation. The law authorizes Division of Health Service Regulation to have the authority to enforce the rules adopted by the N.C. Medical Care Commission. A non-refundable initial and nonrefundable annual renewal licensure fee is charged as specified in the law in the proposed rules for these licensed facilities. The proposed rule adoptions include the specified minimum requirements a facility must meet to receive licensure, the Division of Health Service Regulation's authority for inspection and enforcement action, and a facility's fee for licensure. The proposed rules are being adopted to ensure the health and safety of overnight respite participants.