GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001

HOUSE BILL 387
RATIFIED BILL

AN ACT TO CLARIFY THE LICENSURE AND DEFINITION OF GROUP HOMES FOR DEVELOPMENTALLY DISABLED ADULTS.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 131D‑2(a)(2) is repealed.
SECTION 1.(b)  G.S. 131D‑2(a)(6) is repealed.
SECTION 1.(c)  G.S. 131D‑20(6) is repealed.
SECTION 2.  The licensure of a group home for developmentally disabled adults pursuant to Article 1 of Chapter 131D of the General Statutes shall be transferred to licensure as a supervised living facility for developmentally disabled adults under G.S. 122C-3(14)e. A supervised living facility for developmentally disabled adults licensed under this section shall:
(1)	Except as otherwise provided in this section, comply with licensure requirements of Article 2 of Chapter 122C of the General Statutes;
(2)	Within 12 months of the effective date of this act, comply with building code requirements for smoke detectors;
(3)	Comply either with categories of existing rules applicable to group homes for developmentally disabled adults adopted under Article 1 of Chapter 131D of the General Statutes, or with categories of existing rules applicable under G.S. 122C-3(14)e., at the option of the supervised living facility; and
(4)	Be subject to adverse action on a license under G.S. 122C-24 for failure to comply with applicable statutes or rules.
A group home for developmentally disabled adults licensed under Article 1 of Chapter 131D of the General Statutes and transferred to licensure under G.S. 122C-3(14)e. shall be deemed to have met the building code requirements for licensure as a supervised living facility.
The Department of Health and Human Services' Division of Facility Services and Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall designate the categories of existing rules applicable to the supervised living facility option under this section.
SECTION 3.  G.S. 108A‑41(a) reads as rewritten:
"(a)	Assistance shall be granted under this Part to all persons in adult care homes for care found to be essential in accordance with the rules and regulations adopted by the Social Services Commission and prescribed by G.S. 108A‑42(b). As used in this Part, the term 'adult care home' includes a supervised living facility for developmentally disabled adults licensed under Article 2 of Chapter 122C of the General Statutes."
SECTION 4.  G.S. 58‑55‑35(a)(6) reads as rewritten:
"(6)	'Supervised living facility for developmentally disabled adults' means a residential facility, as defined in G.S. 122C-3(14), which has two to nine developmentally disabled adult residents."
SECTION 5.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 5th day of June, 2001.

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		 Beverly E. Perdue
	 President of the Senate

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		 James B. Black
	 Speaker of the House of Representatives

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		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2001`