GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	3 

SENATE BILL 34*
Judiciary I Committee Substitute Adopted 4/22/99
House Committee Substitute Favorable 6/29/99

Short Title:  Emer. Shelter/Health Facil. Rules Waiver.	(Public)

─────────────────────────────────────── 
Sponsors:  

─────────────────────────────────────── 
Referred to:  

─────────────────────────────────────── 

February 4, 1999

A BILL TO BE ENTITLED
AN ACT TO PERMIT THE TEMPORARY WAIVER OF CERTAIN RULES FOR CERTAIN LICENSED HEALTH CARE FACILITIES THAT PROVIDE TEMPORARY SHELTER OR SERVICES DURING DISASTERS AND EMERGENCIES.
The General Assembly of North Carolina enacts:
Section 1.  Part A of Article 6 of Chapter 131E of the General Statutes is amended by adding the following new section to read:
"§ 131E-112. Waiver of rules for health care facilities that provide temporary shelter or temporary services during a disaster or emergency.
(a)	The Division of Facility Services may temporarily waive, during disasters or emergencies declared in accordance with Article 1 of Chapter 166A of the General Statutes, any rules of the Commission pertaining to facilities or home care agencies to the extent necessary to allow the facility or home care agency to provide temporary shelter and temporary services requested by the emergency management agency.  The Division may identify, in advance of a declared disaster or emergency, rules that may be waived, and the extent the rules may be waived, upon a disaster or emergency being declared in accordance with Article 1 of Chapter 166A of the General Statutes.  The Division may also waive rules under this subsection during a declared disaster or emergency upon the request of an emergency management agency and may rescind the waiver if, after investigation, the Division determines the waiver poses an unreasonable risk to the health, safety, or welfare of any of the persons occupying the facility.  The emergency management agency requesting temporary shelter or temporary services shall notify the Division within 72 hours of the time the preapproved waivers are deemed by the emergency management agency to apply.
(b)	As used in this section, 'emergency management agency' is as defined in G.S. 166A-4(2)."
Section 2. Article 1 of Chapter 131D of the General Statutes is amended by adding the following new section to read:
"§ 131D-7. Waiver of rules for certain adult care homes providing shelter or services during disaster or emergency.
(a)	The Division of Facility Services may temporarily waive, during disasters or emergencies declared in accordance with Article 1 of Chapter 166A of the General Statutes, any rules of the Commission pertaining to adult care homes to the extent necessary to allow the adult care home to provide temporary shelter and temporary services requested by the emergency management agency.  The Division may identify, in advance of a declared disaster or emergency, rules that may be waived, and the extent the rules may be waived, upon a disaster or emergency being declared in accordance with Article 1 of Chapter 166A of the General Statutes.  The Division may also waive rules under this subsection during a declared disaster or emergency upon the request of an emergency management agency and may rescind the waiver if, after investigation, the Division determines the waiver poses an unreasonable risk to the health, safety, or welfare of any of the persons occupying the adult care home.  The emergency management agency requesting temporary shelter or temporary services shall notify the Division within 72 hours of the time the preapproved waivers are deemed by the emergency management agency to apply.
(b)	As used in this section, 'emergency management agency' is as defined in G.S. 166A-4(2)."
Section 3.  This act becomes effective July 1, 1999, and applies to shelter or services provided on and after that date.