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No events on calendar for this bill.
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Representative Jimmy Dixon(R)
Representative Donny Lambeth(R)
Representative Donna McDowell White(R)
Representative Ben T. Moss, Jr.(R)
Representative Amber M. Baker(D)
Representative Hugh Blackwell(R)
Representative James L. Boles, Jr.(R)
Representative John R. Bradford, III(R)
Representative William D. Brisson(R)
Representative Jerry Carter(R)
Representative Mike Clampitt(R)
Representative George G. Cleveland(R)
Representative John Faircloth(R)
Representative Karl E. Gillespie(R)
Representative Edward C. Goodwin(R)
Representative Dudley Greene(R)
Representative Kyle Hall(R)
Representative Bobby Hanig(R)
Representative Kelly E. Hastings(R)
Representative Chris Humphrey(R)
Representative Pat B. Hurley(R)
Representative Jake Johnson(R)
Representative Keith Kidwell(R)
Representative Jeffrey C. McNeely(R)
Representative Allen McNeill(R)
Representative Charles W. Miller(R)
Representative Grey Mills(R)
Representative Timothy D. Moffitt(R)
Representative Larry G. Pittman(R)
Representative Mark Pless(R)
Representative Larry W. Potts(R)
Representative Dennis Riddell(R)
Representative David Rogers(R)
Representative Wayne Sasser(R)
Representative Phil Shepard(R)
Representative Carson Smith(R)
Representative Sarah Stevens(R)
Representative Larry C. Strickland(R)
Representative John Szoka(R)
Representative Steve Tyson(R)
Representative Diane Wheatley(R)
Representative David Willis(R)
Representative Lee Zachary(R)
Representative Jeff Zenger(R)
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Ch. SL 2021-145House | 2021-09-10Signed by Gov. 9/10/2021House | 2021-09-10Pres. To Gov. 9/1/2021House | 2021-09-01RatifiedHouse | 2021-09-01Ordered EnrolledHouse | 2021-08-31Concurred In S Com SubHouse | 2021-08-31Placed On Cal For 08/31/2021House | 2021-08-26Cal Pursuant 36(b)House | 2021-08-26Regular Message Received For Concurrence in S Com SubHouse | 2021-08-25Regular Message Sent To HouseSenate | 2021-08-25EngrossedSenate | 2021-08-24Passed 3rd ReadingSenate | 2021-08-24Passed 2nd ReadingSenate | 2021-08-24Amend Adopted A1Senate | 2021-08-24Reptd FavSenate | 2021-08-23Re-ref Com On Rules and Operations of the SenateSenate | 2021-08-10Com Substitute AdoptedSenate | 2021-08-10Reptd Fav Com SubstituteSenate | 2021-08-10Re-ref Com On JudiciarySenate | 2021-07-22Com Substitute AdoptedSenate | 2021-07-22Reptd Fav Com SubstituteSenate | 2021-07-22Re-ref to Health Care. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the SenateSenate | 2021-06-10Withdrawn From ComSenate | 2021-06-10Ref To Com On Rules and Operations of the SenateSenate | 2021-04-05Passed 1st ReadingSenate | 2021-04-05Regular Message Received From HouseSenate | 2021-04-05Regular Message Sent To SenateHouse | 2021-04-05Ordered EngrossedHouse | 2021-04-01Passed 3rd ReadingHouse | 2021-04-01Amend Adopted A1House | 2021-04-01Passed 2nd ReadingHouse | 2021-03-31Added to CalendarHouse | 2021-03-31Cal Pursuant Rule 36(b)House | 2021-03-31Reptd Fav Com Sub 2House | 2021-03-31Re-ref Com On Rules, Calendar, and Operations of the HouseHouse | 2021-03-30Serial Referral To State Government StrickenHouse | 2021-03-30Reptd Fav Com SubstituteHouse | 2021-03-30Ref to the Com on Health, if favorable, State Government, if favorable, Rules, Calendar, and Operations of the HouseHouse | 2021-03-23Passed 1st ReadingHouse | 2021-03-23FiledHouse | 2021-03-22
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DHHS
DISASTERS & EMERGENCIES
DISEASES & HEALTH DISORDERS
FINES & PENALTIES
HEALTH SERVICES
HOSPITALS
PRESENTED
PUBLIC
PUBLIC HEALTH
RATIFIED
RELIGION & RELIGIOUS INSTITUTIONS
CHAPTERED
NAMED LAWS
FAMILY ISSUES
CONTINUING CARE FACILITIES
PUBLIC HEALTH EMERGENCY
PATIENT RIGHTS
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131D
131E (Chapters); 131D-7.1
131D-7.2
131E-112.5
131E-112.6 (Sections)
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No counties specifically cited.
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H351: Clifford's Law. Latest Version
Session: 2021 - 2022
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SESSION LAW 2021-145
HOUSE BILL 351
AN ACT directing the secretary of the department of health and human services to establish visitation protocols for nursing homes, combination homes, and adult care homes, including family care homes, during declared disasters and emergencies and requiring these facilities to adhere to the established visitation protocols during declared disasters and emergencies when normal visitation policies are suspended or curtailed.
Whereas, Clifford Jernigan is a 63‑year old male with the mentality of a 3‑year old who has been confined to a long‑term care facility for the past 53 years; and
Whereas, his mother visited him every week for 13 years until her death; and
Whereas, his sister, Mary Jernigan, has visited him each week for 40 years; and
Whereas, he has had only one outside visitor, his sister, over the last year during which time he has lost over 25 pounds; and
Whereas, a staff member at the facility told his sister that he seemed to be mourning himself to death; and
Whereas, he is only one of many thousands of residents in nursing homes and combination homes who have gravely suffered because of restricted visitation during the COVID‑19 pandemic; and
Whereas, the General Assembly finds it is in the best interest of the State and that it is both critical and essential for the well‑being of these residents to have a minimal number and frequency of visitors; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. This act shall be known and may be cited as Clifford's Law.
SECTION 2.(a) Part 1 of Article 6 of Chapter 131E of the General Statutes is amended by adding two new sections to read:
§ 131E‑112.5. Secretary to establish visitation protocols during declared disasters and emergencies.
(a) As used in this section and G.S. 131E‑112.6, the following terms have the following meanings:
(1) Disaster declaration. – As defined in G.S. 166A‑19.3(3).
(2) Emergency. – As defined in G.S. 166A‑19.3(6).
(3) Facility. – A nursing home or combination home licensed under this Part.
(4) Normal visitation policy. – The visitation policy that was in effect at a facility on January 1, 2020.
(b) The Secretary shall, in consultation with licensed operators of nursing homes and combination homes, and any other stakeholders the Secretary deems relevant, establish visitation protocols for residents of these facilities that will become effective during a disaster declaration or emergency that results in the suspension or curtailment of a facility's normal visitation policy for any reason. The visitation protocols shall provide for at least the following:
(1) Each resident shall have the right to designate one preapproved visitor and one preapproved alternate visitor. The preapproved visitor, or if the preapproved visitor is unavailable, the preapproved alternate visitor, shall be allowed to visit the resident at least twice per month during any period of time during which the facility's normal visitation policy is suspended or curtailed for any reason during the declared disaster or emergency.
(2) Prior to admission, each facility shall explain and provide to each resident written notification of the visitation protocols established by the Secretary under this section.
(3) Visitation under these protocols shall be subject to Centers for Medicare and Medicaid Services directives and to the guidelines, conditions, and limitations established by the facility as part of its normal visitation policy.
§ 131E‑112.6. Patient visitation rights for nursing home residents and combination home residents during a disaster declaration or emergency.
Notwithstanding any provision of this Part, Chapter 166A of the General Statutes, or any other provision of law to the contrary, the visitation protocols established by the Secretary under G.S. 131E‑112.5 shall be in effect during any period of time when (i) there is a declared disaster or emergency and (ii) a nursing home or combination home licensed under this Part suspends or restricts the normal visitation policy for any reason.
SECTION 2.(b) By June 15, 2022, the Secretary of the Department of Health and Human Services shall implement the visitation protocols described in G.S. 131E‑112.5, as enacted by this act. At least 30 days prior to implementation of these visitation protocols, the Secretary shall submit a report summarizing the visitation protocols to the Chairs of the Joint Legislative Oversight Committee on Health and Human Services.
SECTION 3.(a) Article 1 of Chapter 131D of the General Statutes is amended by adding two new sections to read:
§ 131D‑7.1. Secretary to establish visitation protocols during declared disasters and emergencies.
(a) As used in this section and in G.S. 131D‑7.2, the following terms have the following meanings:
(1) Disaster declaration. – As defined in G.S. 166A‑19.3(3).
(2) Emergency. – As defined in G.S. 166A‑19.3(6).
(3) Facility. – An adult care home, including a family care home, licensed under this Article.
(4) Normal visitation policy. – The visitation policy that was in effect at a facility on January 1, 2020.
(b) The Secretary shall, in consultation with licensed operators of adult care homes, including family care homes, and any other stakeholders the Secretary deems relevant, establish visitation protocols for residents of these facilities that will become effective during a disaster declaration or emergency that results in the suspension or curtailment of a facility's normal visitation policy for any reason. The visitation protocols shall provide for at least the following:
(1) Each resident shall have the right to designate one preapproved visitor and one preapproved alternate visitor. The preapproved visitor, or if the preapproved visitor is unavailable, the preapproved alternate visitor, shall be allowed to visit the resident at least twice per month during any period of time during which the facility's normal visitation policy is suspended or curtailed for any reason during the declared disaster or emergency.
(2) Prior to admission, each facility shall explain and provide to each resident written notification of the visitation protocols established by the Secretary under this section.
(3) Visitation under these protocols shall be subject to Centers for Medicare and Medicaid Services directives and to the guidelines, conditions, and limitations established by the facility as part of its normal visitation policy.
§ 131D‑7.2. Resident visitation rights for adult care homes, including family care homes, during a disaster declaration or emergency.
Notwithstanding any provision of this Part, Chapter 166A of the General Statutes, or any other provision of law to the contrary, the visitation protocols established by the Secretary under G.S. 131D‑7.1 shall be in effect during any period of time when (i) there is a declared disaster or emergency and (ii) an adult care home, including a family care home, licensed under this Article suspends or restricts the normal visitation policy for any reason.
SECTION 3.(b) By June 15, 2022, the Secretary of the Department of Health and Human Services shall implement the visitation protocols described in G.S. 131D‑7.1, as enacted by this act. At least 30 days prior to implementation of these visitation protocols, the Secretary shall submit a report summarizing the visitation protocols to the chairs of the Joint Legislative Oversight Committee on Health and Human Services.
SECTION 4. Sections 1, 2(a), and 3(a) are effective April 1, 2022. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 1st day of September, 2021.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 10:05 a.m. this 10th day of September, 2021