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Division of Health Service Regulation

 

Division of Facility Services
courtesy Division of Health Service Regulation

The Division of Health Service Regulation (DHSR) is divided into to several sections/branches to handle the oversight and regulation of Adult Care Homes. Some of them are:

Go! Certificate of Need Section
Go! Construction Section
Go! Adult Care Licensure Section

 

 

Certificate of Need Section
"The North Carolina Certificate of Need Law prohibits health care providers from acquiring, replacing, or adding to their facilities and equipment, except in specified circumstances, without the prior approval of the Department of Health and Human Services. The law restricts unnecessary increases in health care costs and limits unnecessary health services and facilities based on geographic, demographic and economic considerations. The fundamental premise of the CON Law is that increasing health care costs may be controlled by governmental restrictions on the unnecessary duplication of medical facilities." So, in order for an adult care home to legally exist, the agency must apply for a Certificate of Need from the Department of Health and Human Services (Division of Health Service Regulation), and be approved. This section will tell the applicant how many adult care home beds they may offer.

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Construction Section
Architects and engineers, funded by state appropriations, review plans and specifications, both for new and existing buildings, for facilities applying to be licensed by the Division. They perform an on-site inspection in conjunction with local building inspectors and fire code inspectors as well. Their purpose is to insure compliance with state licensure regulations for safety standards.

When all reviews are completed and approved, the section recommends licensure to the Adult Care Home Licensure Section, which at that time assesses the program aspects of licensure that relate to delivery of resident services in order to issue a new or revised license to the applicant. Licensure is a two part process. The Construction Section evaluates for building safety and codes and then makes a recommendation to the Adult Care Home Licensure Section which then makes a separate evaluation to assess the applicant's ability to deliver resident services in accordance with current rules and procedures. (Read more about this process)

After a facility is licensed to operate, construction inspections are made, as time permits, to verify continued compliance with construction and safety standards. Adult care homes are generally scheduled for bi-annual inspections for compliance with construction and safety standards. Other inspections are made when indicated by complaints, requests by other agencies, and/or a facility's request.

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Adult Care Licensure Section
This section is responsible for licensing and regulating assisted living facilities called adult care homes, the registration of assisted living facilities called multi-unit housing with services, and the certification of administrators.

When the Construction Section makes a favorable recommendation for licensure to the Adult Care Home Licensure Section, the second part of the process begins. This section determines if the agency, group, or individual applying for licensure is able to deliver resident services in accordance with current rules and procedures. A Registered Nurse, a pharmacist, a dietician, and a local Adult Home Specialist (Department of Social Services) work together to conduct the evaluation. If they find that the applicant is able to deliver both a safe environment and quality care, the applicant is then licensed to provide services.

Adult care homes are governed by state rules and regulations, not federal. There is no certification process for Medicare/Medicaid reimbursement for adult care homes. What this means is that residents are responsible for paying for care versus having Medicare or Medicaid pay for care, as may be the case in nursing homes. However, since 1996, adult care homes may apply to the Division of Medical Assistance to enroll, versus being certified, as a Medicaid provider. The Division of Medical Assistance offers a program called State/County Special Assistance to pay for some personal care services for eligible individuals paid for with Medicaid dollars. (This same program may also be used to help some eligible individuals pay for total care in an adult care home, though reimbursement is made directly to the individual.) If an adult care home is enrolled as a Medicaid provider, some residents may be eligible to have some personal care paid for by Medicaid. For eligibility questions related to Medicaid or state/county special assistance, contact your local county Department of Social Services. They are also the contact agency for complaints and concerns.

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There are two types of adult care homes:

  • family care homes for two to six residents
  • adult care homes for seven or more residents
Go! Overview of Adult Care Home Regulation

 

 

The North Carolina legislature specifically authorized county Departments of Social Service to supervise adult care homes under rules made by the Medical Care Commission.

The Division of Health Service Regulation:

  • works with the county Departments of Social Services to ensure the bi-monthly monitoring of facilities is completed
  • performs inspections of homes when needed or requested
  • may levy penalties against homes out of compliance with the regulations
  • provides oversight for the Adult Home Specialist's annual assessment and monitoring plan

1-800-624-3004

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