Pre-admission Screening for Adult Care Home Residents Rule

On August 23, 2012, the State of North Carolina entered into a settlement agreement with the U.S. Department of Justice. The settlement agreement requires the state to ensure any individual being considered for admission to an adult care home is evaluated by an independent screener to determine whether the individual has serious mental illness. The preadmission screening will prompt the determination of eligibility for mental health services and identification of the most integrated placement in the community for the individual. The settlement agreement is based on the requirements of title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131, et seq., as interpreted by the U.S. Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999), and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a), ensuring that services offered by the state to individuals with disabilities are provided in the most integrated setting to meet their needs. Session Law 2012-142, House Bill 950, Section 10.23A.(e) appropriated the sum of $10,300,000.00 to support the DHHS’ plan for transitioning individuals with severe mental illness into community living arrangements, including establishing a rental assistance program.