Update Volunteer System/LTC Ombudsman Program.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 979

Short Title: Update Volunteer System/LTC Ombudsman Program. (Public)
Sponsors: Representatives Ball, Colvin, Greenfield, and G. Brown (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 14, 2025
*H979-v-1*
A BILL TO BE ENTITLED 1
AN ACT UPDATING AND STRENGTHENING THE SY STEM OF VOLUNTEERS 2
SUPPORTING THE OFFIC E OF STATE LONG -TERM CARE OMBUDSMAN 3
PROGRAM. 4
The General Assembly of North Carolina enacts: 5
6
PART I. VOLUNTEER NURSING HOME OMBUDSMAN REPRESENTATIVES 7
SECTION 1. G.S. 131E-101 reads as rewritten: 8
"§ 131E-101. Definitions. 9
As used in this Part, unless otherwise specified: 10
… 11
(3) "Community advisory committee" means a nursing home advisory committee 12
established for the statutory purpose of working to carr y out the intent of the 13
Nursing Home Patients' Bill of Rights (Chapter 131E, Article 6, Part 2) in 14
accordance with G.S. 143B-181.1. 15
… 16
(9) "Volunteer nursing home ombudsman representative " means a volunteer 17
designated by the Office of the State Long -Term Ombudsman in accordance 18
with G.S. 131E-128 to work toward maintaining the intent of the Nursing 19
Home Patients ' Bill of Rights (Chapter 131E, Article 6, Part 2) within the 20
nursing homes in this State, including nursing homes operated by hospitals 21
licensed under Article 5 of this Chapter." 22
SECTION 2. G.S. 131E-102(e) reads as rewritten: 23
"(e) In order for a nursing home to maintain its license it shall not intentionally impede 24
the proper performance of the duties of a lawfully appointed community advisory committee as 25
set forth in G.S. 131E -128(h).designated volunteer ombudsman representative, as set forth in 26
G.S. 131E-128." 27
SECTION 3. G.S. 131E-117(12) reads as rewritten: 28
"(12) To present grievances and recommend changes in policies and services, 29
personally or through other persons or in combination with others, on the 30
patient's personal behalf or that of others to the facility's staff, the community 31
advisory committee, a volunteer ombudsman representative designated under 32
G.S. 131E-128, the administrator, the Department, or other persons or groups 33
without fear of reprisal, restraint, interference, coercion, or discrimination;" 34
SECTION 4. G.S. 131E-128 reads as rewritten: 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 979-First Edition
"§ 131E -128. Nursing home advisory committees. Volunteer nursing home ombudsman 1
representatives. 2
(a) Statement of Purpose. – It is the purpose of the General Assembly that community 3
advisory committee members function as designated volunteer ombudsman representatives of 4
the Office of the State Long -Term Care Ombudsman and through their designation work to 5
maintain the intent of the Nursing Home Resident's Bill of Rights within the nursing homes in 6
this State, including nursing homes operated by hospitals licensed under Article 5 of G.S. Chapter 7
131E. this Chapter. It is the further purpose of the General Assembly that the committees 8
volunteer ombudsman representatives promote community involvement and cooperation with 9
nursing homes and an integration of these homes into a system of care for the elderly. 10
(b) (1) A community advisory committee shall be established in each county which 11
Nominations and Designation. – Each board of county commissioners that has a at least one 12
nursing home, home operating in the county, including a nursing home operated by a hospital 13
licensed under Article 5 of G.S. Chapter 131E, shall serve this Chapter , is encouraged to 14
nominate volunteer ombudsman representatives who are willing and able to serve all the nursing 15
homes in the county, county and shall work with each nursing home in for the best interest of the 16
persons residing in each home. In a county which has one, two, or three nursing homes, the 17
committee shall have five members. In a county with four or more nursing homes, the committee 18
shall have one additional member for each nursing home in excess of three, and may have up to 19
five additional members per committee at the discretion of the county commissioners. residents. 20
Notwithstanding any other provision of this Article, designation as a volunteer ombudsman 21
representative is contingent upon designation of the nominee by the Office of the State 22
Long-Term Care Ombudsman in accordance with G.S. 143B-181.18. A designated volunteer 23
ombudsman represen tative is directly accountable to the State Long -Term Care Ombudsman 24
Program in order to perform the duties as a representative of the Office of the State Long-Term 25
Care Ombudsman. 26
(2) In each county with four or more nursing homes, the committee shall establish 27
a subcommittee of no more than five members and no fewer than three 28
members from the committee for each nursing home in the county. Eac h 29
member must serve on at least one subcommittee. 30
(3) Boards of county commissioners are encouraged to appoint the Nursing Home 31
Community Advisory Committees. Of the members, a minority (not less than 32
one-third, but as close to one -third as possible) must be chosen from among 33
persons nominated by a majority of the chief administrators of nursing homes 34
in the county and of the governing bodies of the hospitals licensed under 35
Article 5 of G.S. Chapter 131E, which operate nursing homes. If the nursing 36
home administrators and the governing bodies of the hospitals licensed under 37
Article 5 of G.S. Chapter 131E, which operate nursing homes fail to make a 38
nomination within 45 days after written notification has been sent to them by 39
the board of county commissioners requesting a nomination, these 40
appointments may be made by the board of county commissioners without 41
nominations. 42
(4) Notwithstanding any other provision of this Article, appointment to a nursing 43
home community advisory committee is contingent upon design ation of the 44
appointee by the Office of the State Long -Term Care Ombudsman in 45
accordance with G.S. 143B-181.18. A designated appointee is directly 46
accountable to the State Long -Term Care Ombudsman Program in order to 47
perform the duties as a representative of the Office of the State Long -Term 48
Care Ombudsman. Removal of the appointee's designation by the Office of 49
the State Long -Term Care Ombudsman automatically rescinds the 50
appointment to the nursing home community advisory committee. 51
General Assembly Of North Carolina Session 2025
House Bill 979-First Edition Page 3
(5) Any individual who serves as a community advisory committee member must 1
go through the Office of the State Long-Term Care Ombudsman's certification 2
and designation process and meet the certification and designation 3
requirements in accordance with the State Long-Term Care Ombudsman 4
Program Policies and Procedures. 5
(c) Terms of Office. – Each committee member shall serve an initial term of one year. 6
Any person reappointed to a second or subsequent term in the same county shall serve a 7
three-year term. Persons who were originally nominees of nursing home chief administrators and 8
the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which 9
operate nursing homes, or who were appointed by the board of county commissioners when the 10
nursing home administrators and the governing bodies of the hospitals licensed under Article 5 11
of G.S. Chapter 131E, which operate nursing homes failed to make nominations, may not be 12
reappointed without the consent of a majority of the nursing home chief adm inistrators and the 13
governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate 14
nursing homes within the county. If the nursing home chief administrators and the governing 15
bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing 16
homes fail to approve or reject the reappointment within 45 days of being requested by the board 17
of county commissioners, the commissioners may reappoint the member if they so choose.person 18
designated as a volunteer ombudsman representative by the Office of the State Long-Term Care 19
Ombudsman may serve for as long as the volunteer ombudsman representative remains in 20
compliance with training, certification, and other applicable requirements of the Office of th e 21
State Long -Term Care Ombudsman. Removal of the nominee 's designation as a volunteer 22
ombudsman representative by the Office of the State Long -Term Care Ombudsman 23
automatically rescinds the designation and ends the term of a volunteer ombudsman 24
representative. 25
(c1) List of Volunteer Ombudsman Re presentatives. – The names of all designated 26
volunteer ombudsman representatives and the dates of expiration of their terms shall be filed with 27
the Office of the State Long-Term Care Ombudsman, which shall supply a copy of the names of 28
all volunteer nursing home ombudsman representatives to the Division of Health Service 29
Regulation. 30
(d) Any vacancy shall be filled by appointment of a person for a one -year term. Any 31
person replacing a member nominated by the chief adm inistrators and the governing bodies of 32
the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes or a 33
person appointed when the chief administrators and the governing bodies of the hospitals licensed 34
under Article 5 of G.S. Chapter 131E, which operate nursing homes failed to make a nomination 35
shall be selected from among persons nominated by the administrators and the governing bodies 36
of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes, as 37
provided in subsection (b). If the county commissioners fail to appoint members to a committee, 38
or fail to fill a vacancy, the appointment shall be made or vacancy filled by the Office of the State 39
Long-Term Care Ombudsman no sooner than 45 days after the commissioners have been notified 40
of the appointment or vacancy if nomination or approval of the nursing home administrators and 41
the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which 42
operate nursing homes is not requ ired. If nominations or approval of the nursing home 43
administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 44
131E, which operate nursing homes is required, the appointment shall be made or vacancy filled 45
by the Off ice of the State Long -Term Care Ombudsman no sooner than 45 days after the 46
commissioners have received the nomination or approval, or no sooner than 45 days after the 47
45-day period for action by the nursing home administrators and the governing bodies of t he 48
hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes. 49
(e) The committee shall elect from its members a chair, to serve a one-year term. 50
General Assembly Of North Carolina Session 2025
Page 4 House Bill 979-First Edition
(f) Minimum Qualifications for Designation. – Each member must be person nominated 1
to serve as a volunteer ombudsman representative under this section is required to meet all of the 2
following criteria prior to being designated to serve in this capacity by the Office of the State 3
Long-Term Care Ombudsman: 4
(1) Is a resident of the county in which the committee he or she serves. No person 5
or 6
(2) Does not have a financial interest in any nursing home served by the volunteer 7
ombudsman representative and is not an immediate family member of a 8
person with a financial interest in a nursing home served by a committee, or 9
the volunteer. 10
(3) Is not an employee or governing board member or an immediate family 11
member of an employee or governing board member of a nursing home served 12
by a committee, or the volunteer. 13
(4) Is not an immediate family member of a patient resident in a nursing home 14
served by a committee may be a member of a committee. Membership on a 15
committee shall not be considered an office as defined in G.S. 128-1 or 16
G.S. 128-1.1. served by the volunteer. 17
(f1) County Commissioners as Volunteers. – Any county commissioner who is appointed 18
to the committee as a volunteer ombudsman representative shall be deemed to be serving on the 19
committee in an ex officio capacity. 20
(f2) Members of the committee No Compensation for Volunteers . – Volunteer 21
ombudsman representatives shall serve without compensation, but may be reimbursed for the 22
amount of actual expenses incurred by them in the performance of their duties. The names of the 23
committee members and the date of expiration of their terms shall be filed with the Office of the 24
State Long-Term Care Ombudsman, which shall supply a copy to the Division of Health Service 25
Regulation. 26
(g) Training, Certification, and Designation. – The Office of the State Long -Term Care 27
Ombudsman shall develop training requirements for certification and designation of volunteer 28
ombudsman representatives in accordance with 45 C.F.R. § 1324.13(c)(2). Each committee 29
member must receive volunteer ombudsman representative shall complete certification training 30
as specified by the State Long-Term Care Ombudsman Program Policies and Procedures and be 31
designated as representatives a representative of the State Long-Term Care Ombudsman Program 32
prior to exercising any power under subsection (h) of this section. The State Long -Term Care 33
Ombudsman Program shall provide the committees volunteer ombudsman representatives with 34
information, guidelines, training, and consultation to direct them in the p erformance of their 35
duties. 36
(h) Powers, Duties, and Responsibilities. – Volunteer ombudsman representatives have 37
the following powers, duties, and responsibilities and nursing homes shall cooperate with them 38
in carrying out these powers, duties, and responsibilities: 39
(1) Each committee shall apprise itself volunteer ombudsman representative shall 40
apprise himself or herself of the general conditions under which the persons 41
are residing in the homes, nursing homes in that county and shall work for the 42
best interests of the persons in the homes. This those nursing homes, which 43
may include assisting persons residents who have grievances a grievance with 44
the a nursing home and facilitating the resolution of grievances at the local 45
level. 46
(2) Each committee shall quarterly visit the nursing home it serves. For each 47
official quarterly visit, a majority of the committee members shall be present. 48
In addition, each committee may visit the nursing home it serves whenever it 49
deems it necessary to carry out its duties. In counties with four or more nursing 50
homes, the subcommittee assigned to a home shall perform the duties of the 51
General Assembly Of North Carolina Session 2025
House Bill 979-First Edition Page 5
committee under this subdivision, and a majority of the subcommittee 1
members must be present for any visit. 2
(3) Each member of a committee shall have volunteer ombudsman representative 3
has the right to enter into the facility the committee serves any nursing home 4
the volunteer ombudsman representative services, with prior notice to the 5
administrator of the facility, in order to carry out the members' his or her 6
responsibilities. In a county where subcommittees have been established, this 7
right of access shall be limited to homes served by those subcommittees to 8
which the member has been appointed. 9
(4) The committee or subcommittee Volunteer ombudsman representatives may 10
communicate through its chair with the Department or any other agency in 11
relation to the interest of any patient. resident. The identity of any complainant 12
or resident involved in a complaint shall not be disclosed except as permitted 13
under the Older Americans Act of 1965, as amended, 42 U.S.C. § 3001 et seq. 14
(5) Each home shall cooperate with the committee as it carries out its duties. 15
(6) Before entering into any nursing home, the committee, subcommittee, or 16
member a volunteer ombudsman representative shall identify itself himself or 17
herself to the person present at the facility who is in charge of the facility at 18
that time. 19
(i) Privilege. – Any written communication made by a member of a nurs ing home 20
advisory committee volunteer ombudsman representative within the course and scope of the 21
member's volunteer's duties, as specified in G.S. 131E-128, shall be is privileged to the extent 22
provided in this subsection. All communication shall be considered communications by volunteer 23
ombudsman representatives are the property of the Office of the State Long -Term Care 24
Ombudsman and subject to the Office's disclosure policies. This privilege shall be is a defense 25
in a cause of action for libel if th e member volunteer ombudsman representative was acting in 26
good faith and the statements or communications do not amount to intentional wrongdoing. 27
(j) Waiver of Qualified Immunity. – To the extent that any nursing home advisory 28
committee or any member thereof volunteer ombudsman representative is covered by liability 29
insurance, that committee or member volunteer ombudsman representative shall be deemed to 30
have waived the qualified immunity herein of this subsection to the extent of indemnification by 31
insurance." 32
33
PART II. VOLUNTEER ADULT CARE HOME OMBUDSMAN REPRESENTATIVES 34
SECTION 5. G.S. 131D-2.4(e) reads as rewritten: 35
"(e) In order for an adult care home to maintain its license, it shall not hinder or interfere 36
with the proper performance of duty of a lawfully appointed community advisory committee, 37
designated volunteer ombudsman representative, as defined by G.S. 131D-31 an d 38
G.S. 131D-32." 39
SECTION 6. G.S. 131D-31 reads as rewritten: 40
"§ 131D-31. Adult care home community advisory committees.Volunteer adult care home 41
ombudsman representatives. 42
(a) Statement of Purpose. – It is the intention of the General Assembly that community 43
advisory committee members function as designated volunteer ombudsman representatives of 44
the Office of the State Long -Term Care Ombudsman and through their designation work to 45
maintain the intent of the Adult Care Home Residents' Bill of Rights within the licensed adult 46
care homes in this State. It is the further intent of the General Assembly that the committees 47
volunteer ombudsman representatives promote community invo lvement and cooperation with 48
adult care homes to ensure quality care for the elderly and adults with disabilities. 49
(b) Establishment and Appointment of Committees. Nomination and Designation. – Each 50
board of county commissioners that has at least one licen sed adult care home operating in the 51
General Assembly Of North Carolina Session 2025
Page 6 House Bill 979-First Edition
county is encouraged to nominate volunteer ombudsman representatives who are willing and able 1
to serve all the adult care homes in the county, and work with each of the adult care homes for 2
the best interests of the residents. Notwithstanding any other provision of this Article, designation 3
as a volunteer ombudsman representative is contingent upon designation of the nominee by the 4
Office of the State Long -Term Care Ombudsman in accordance with G.S. 143B-181.18. A 5
designated volunteer ombudsman representative is directly accountable to the State Long -Term 6
Care Ombudsman Program in order to perform the duties of a representative of the Office of the 7
State Long-Term Care Ombudsman. 8
(1) A community advisory committee shall be established in each county that has 9
at least one licensed adult care home, shall serve all the homes in the county, 10
and shall work with each of these homes for the best interests of the residents. 11
In a county that has one, two, or three adult care homes with 10 or more beds, 12
the committee shall have five members. 13
(2) In a county with four or more adult care homes with 10 or more beds, the 14
committee shall have one additional member for each adult care home with 15
10 or more beds in excess of three, and may have up to five additional 16
members at the discretion of the county commissioners, not to exceed a 17
maximum of 25 members. In each county with four or more adult care homes 18
with 10 or more beds, the committee shall establish a subcommittee of no 19
more than five members and no fewer than three members from the committee 20
for each adult care home in the county. Each member must serve on at least 21
one subcommittee. 22
(3) In counties with no adult care homes with 10 or more beds, the committee 23
shall have five mem bers. Regardless of how many members a particular 24
community advisory committee is required to have, at least one member of 25
each committee shall be a person involved in the area of intellectual or other 26
developmental disabilities. 27
(4) The boards of county commissioners are encouraged to appoint the adult care 28
home community advisory committees. Of the members, a minority (not less 29
than one -third, but as close to one -third as possible) shall be chosen from 30
among persons nominated by a majority of the chief ad ministrators of adult 31
care homes in the county. If the adult care home administrators fail to make a 32
nomination within 45 days after written notification has been sent to them 33
requesting a nomination, these appointments may be made without 34
nominations. If the county commissioners fail to appoint members to a 35
committee, the appointments shall be made by the Office of the State 36
Long-Term Care Ombudsman no sooner than 45 days after nominations have 37
been requested from the adult care home administrators. In mak ing 38
appointments, the Office of the State Long -Term Care Ombudsman shall 39
follow the same appointment process as that specified for the county 40
commissioners. 41
(5) Notwithstanding any other provision of this Article, appointment to an adult 42
care home community advisory committee is contingent upon designation of 43
the appointee by the Office of the State Long -Term Care Ombudsman in 44
accordance with G.S. 143B-181.18. A designated appointee is directly 45
accountable to the State Long -Term Care Ombudsman Progr am in order to 46
perform the duties as a representative of the Office of the State Long -Term 47
Care Ombudsman. Removal of the appointee's designation by the Office of 48
the State Long -Term Care Ombudsman automatically rescinds the 49
appointment to the adult care home community advisory committee. 50
General Assembly Of North Carolina Session 2025
House Bill 979-First Edition Page 7
(6) Any individual who serves as a community advisory committee member must 1
go through the Office of the State Long-Term Care Ombudsman's certification 2
and designation process and meet the certification and designation 3
requirements in accordance with the State Long -Term Care Ombudsman 4
Program Policies and Procedures. 5
(c) Joint Nursing and Adult Care Home Community Advisory Committees. Volunteer 6
Ombudsman Representatives. – Appointment to the nursing home community advisory 7
committees shall preclude appointment to the adult care home community advisory committees 8
except where Designation as a volunteer ombudsman representative under G.S. 131E-128 9
precludes designation as a volunteer ombudsman representative under this section , unless the 10
Office of the State Long -Term Care Ombudsman provides written approval to combine these 11
committees is obtained from the Office of the State Long -Term Care Ombudsman. Where this 12
approval is obtained, the joint nursing and adult care home community advisory committee shall 13
have the membership required of nursing home community advisory committees and one 14
additional member for each adult care home with 10 or more beds licensed in the county. In 15
counties with no adult care homes with 10 or more bed s, there shall be one additional member 16
for every four other types of adult care homes in the county. In no case shall the number of 17
members on the joint nursing and adult care home community advisory committee exceed 25. 18
Each member volunteer functions. Upon approval by the Office of the State Long -Term Care 19
Ombudsman, any person appointed as a joint nursing and adult care home volunteer ombudsman 20
representative shall exercise the their statutory rights and responsibilities of with respect to both 21
nursing home community advisory committees and adult care home community advisory 22
committees. In making appointments to this joint committee, the county commissioners shall 23
solicit nominations from both nursing and adult care home administrators for the appointment of 24
approximately (but no more than) one-third of the members.homes and adult care homes. 25
(c1) List of Volunteer Ombudsman Representatives. – The names of all designated 26
volunteer ombudsman representatives and joint nursing and adult care home volunteer 27
ombudsman representatives and the dates of expiration of their terms shall be filed with the 28
Office of the State Long-Term Care Ombudsman, which shall supply a copy of the names of all 29
volunteer ombudsman representatives and joint nursing and adul t care home volunteer 30
ombudsman representatives to the Division of Health Service Regulation. 31
(d) Terms of Office. – Each committee member shall serve an initial term of one year. 32
Any person reappointed to a second or subsequent term in the same county shall serve a two-or 33
three-year term at the county commissioners' discretion to ensure staggered terms of 34
office.volunteer ombudsman representative shall serve for as long as the volunteer ombudsman 35
representative remains in compliance with training, certi fication, and other applicable 36
requirements of the Office of the State Long-Term Care Ombudsman. Removal of the nominee's 37
designation as a volunteer ombudsman representative by the Office of the State Long-Term Care 38
Ombudsman automatically rescinds the designation and ends the term of a volunteer ombudsman 39
representative. 40
(e) Vacancies. – Any vacancy shall be filled by appointment of a person for a one -year 41
term. If this vacancy is in a position filled by an appointee nominated by the chief administrators 42
of adult care homes within the county, then the county commissioners shall fill the vacancy from 43
persons nominated by a majority of the chief administrators. If the adult care home administrators 44
fail to make a nomination by registered mail within 45 days after written notification has been 45
sent to them requesting a nomination, this appointment may be made without nominations. If the 46
county commissioners fail to fill a vacancy, the vacancy shall be filled by the Office of the State 47
Long-Term Care Ombudsman no sooner than 45 days after the commissioners have been notified 48
of the appointment or vacancy. 49
(f) Officers. – The committee shall elect from its members a chair, to serve a one -year 50
term. 51
General Assembly Of North Carolina Session 2025
Page 8 House Bill 979-First Edition
(g) Minimum Qualifications for Appointment. Designation. – Each member must be 1
nominee is required to meet all of the following criteria prior to being designated as a volunteer 2
ombudsman representative by the Office of the State Long-Term Care Ombudsman: 3
(1) Is a resident of the county which the committee where he or she serves. No 4
person or 5
(2) Does not have a financial interest in any adult care home served by the 6
volunteer ombudsman representative and does not have an immediate family 7
member of a person with a financial interest in a home served by the 8
committee, or volunteer ombudsman representative. 9
(3) Is not an employee or governing board member of a home served by the 10
committee, or volunteer ombudsman representative. 11
(4) Is not an immediate family member of a resident in a home served by the 12
committee may be a member of that committee. volunteer ombudsman 13
representative. 14
(g1) County Commissioner Volunteers. – Any county commissioner who is appointed to 15
the committee serves on the committee designated as a volunteer ombudsman representative shall 16
serve in an ex officio capacity. Members of the committee 17
(g2) No Compensation for Volunteers. – Volunteer ombudsman representatives shall serve 18
without compensation, but may be reimbursed for actual expenses incurred by them in the 19
performance of their duties. The names of the committee members and the date of expiration of 20
their terms shall be filed with the Office of the State Long-Term Care Ombudsman. 21
(h) Training, Certification, and Designation. – The Office of the State Long -Term Care 22
Ombudsman shall develop tr aining requirements for certification and designation of volunteer 23
ombudsman representatives in accordance with 45 C.F.R. § 1324.13(c)(2). Each committee 24
member must receive volunteer ombudsman representative is required to complete certification 25
training as specified by the State Long-Term Care Ombudsman Program Policies and Procedures 26
and be designated as representatives a representative of the State Long-Term Care Ombudsman 27
Program prior to exercising any power under G.S. 131D-32. The State Long -Term Car e 28
Ombudsman Program shall provide the committees volunteer ombudsman representatives with 29
information, guidelines, training, and consultation to direct them in the performance of their 30
duties. 31
(i) Privilege. – Any written communication made by a member of an adult care home 32
advisory committee volunteer ombudsman representative within the course and scope of the 33
member's volunteer's duties, as specified in G.S. 131D-32, is privileged to the extent provided in 34
this subsection. All communication is communications by volunteer ombudsman representatives 35
are the property of the Office of the State Long-Term Care Ombudsman and is are subject to the 36
Office's disclosure policies. This privilege is a defense in a cause of action for libel if the member 37
volunteer ombudsman representative was acting in good faith and the his or her statements and 38
communications do not amount to intentional wrongdoing. 39
(j) Waiver of Qualified Immunity. – To the extent that any adult care home advisory 40
committee or any member volunteer ombudsman representative is covered by liability insurance, 41
that committee or member volunteer shall be deemed to have waived the qualified immunity 42
provided in this subsection to the extent of indemnification by insurance." 43
SECTION 7. G.S. 131D-32 reads as rewritten: 44
"§ 131D -32. Functions of volunteer adult care home community advisory 45
committees.ombudsman representatives. 46
(a) The committee shall serve as the nucleus for Volunteer adult care home ombudsman 47
representatives shall promote increased community involvement with adult care homes and their 48
residents. 49
(b) The committee Volunteer adult care home ombudsman representatives shall promote 50
community education and awareness of the needs of aging and disabled persons who reside in 51
General Assembly Of North Carolina Session 2025
House Bill 979-First Edition Page 9
adult care homes, and shall work towards keeping the public informed about aspects of long-term 1
care and the operation of adult care homes in North Carolina. 2
(c) The committee shall develop and recruit volunteer resources to enhance the quality 3
of life for adult care home residents. 4
(d) The committee Volunteer adult care home ombudsman representatives shall establish 5
linkages with the adult care home administrators and the county department of social services for 6
the purpose of maintaining the intent of the Adult Care Home Residents' Bill of Rights. 7
(e) Each committee Volunteer adult care home ombudsman representatives shall apprise 8
itself themselves of the general conditions under which the persons are residing in the homes, 9
and shall work for the best interests of th e persons in the homes. This may include assisting 10
persons who have grievances with the home and facilitating the resolution of grievances at the 11
local level. The identity of any complainant or resident involved in a complaint shall not be 12
disclosed except as permitted under the Older Americans Act of 1965, as amended, 42 U.S.C. § 13
3001 et seq. The committee Volunteer adult care home ombudsman representatives shall notify 14
the enforcement agency of all verified violations of the Adult Care Home Residents' Bil l of 15
Rights. 16
(f) The committee or subcommittee Volunteer adult care home ombudsman 17
representatives may communicate through the committee chair with the Department of Health 18
and Human Services, the county department of social services, or any other agency in relation to 19
the interest of any resident. 20
(g) Each committee shall quarterly visit the adult care homes with 10 or more beds it 21
serves. For each official quarterly visit, a majority of the committee members shall be present. A 22
minimum of three members of the committee shall make at least one visit annually to each other 23
type of adult care home licensed in the county. In addition, each committee may visit the adult 24
care homes it serves whenever it deems it necessary to carry out its duties. In counties wi th 25
subcommittees, the subcommittee assigned to a home shall perform the duties of the committee 26
under this subsection, and a majority of the subcommittee members must be present for any visit. 27
When visits are made to group homes for developmentally disable d adults, rules concerning 28
confidentiality as adopted by the Commission for Mental Health, Developmental Disabilities, 29
and Substance Abuse Services shall apply. 30
(h) The individual members of the committee shall With prior notice to the administrator 31
of an adult care home, volunteer ombudsman representatives have the right between 10:00 a.m. 32
and 8:00 p.m. to enter the a facility the committee he or she serves in order whenever the 33
volunteer ombudsman representative deems it necessary to carry out the members' his or her 34
responsibilities. In a county where subcommittees have been established, this right of access shall 35
be limited to members of the subcommittee which serves that home. A majority of the committee 36
or subcommittee members shall be present t o enter the facility at other hours. Before entering 37
any adult care home, the committee or members of the committee shall identify themselves 38
volunteer ombudsman representative shall identify himself or herself to the person present at the 39
facility who is in charge of the facility at that time. When a volunteer ombudsman representative 40
visits a group home for developmentally disabled adults, rules concerning confidentiality as 41
adopted by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse 42
Services apply. 43
(i) The committee volunteer ombudsman representative shall prepare reports as required 44
by the Department of Health and Human Services containing an appraisal of the problems of 45
adult care homes facilities as well as issues affec ting long-term care in general. Copies of the 46
report shall be sent to the board of county commissioners, county department of social services 47
and the Division of Aging. 48
(j) Nothing contained in this section shall be construed to require the expenditure of any 49
county funds to carry out the provisions in this section." 50
51
General Assembly Of North Carolina Session 2025
Page 10 House Bill 979-First Edition
PART III. CONFORMING CHANGES 1
SECTION 8. G.S. 143B-181.18 reads as rewritten: 2
"§ 143B-181.18. Office of State Long-Term Care Ombudsman Program/State Ombudsman 3
duties. 4
The State Ombudsman shall perform the duties provided below: 5
… 6
(3b) Designate and refuse, suspend, or remove designation of volunteer 7
representatives of the Office of the State Long -Term Care Ombudsman, 8
including any community advisory committee appointees, volunteer 9
ombudsman representatives designated under G.S. 131E-128 or 10
G.S. 131D-31 in accordance with the State Long -Term Care Ombudsman 11
Program Policies and Procedures. 12
…." 13
SECTION 9. G.S. 143-157.1(2) and (21) are repealed. 14
15
PART IV. EFFECTIVE DATE 16
SECTION 10. This act becomes effective October 1, 2025. 17