North Carolina Administrative Code

SECTION .0200 - REQUIREMENTS 10A NCAC 06Q .0201 MAXIMUM REIMBURSEMENT RATES History Note: Authority G.S. 143B-181.1(a)(11); 143B-181.1(c); Eff. July 1, 1992; Readopted Eff. July 1, 2019; Repealed Eff. November 18, 2021 pursuant to G.S. 150B-21.7.

SUBCHAPTER 06R - ADULT DAY CARE STANDARDS FOR CERTIFICATION SECTION .0100 - INTRODUCTION 10A NCAC 06R .0101 CERTIFICATION REQUIREMENT (a) Subchapter 06R contains standards for certification of adult day care programs. The standards relate to the operation of an adult day care pro…

10A NCAC 06R .0102 CORRECTIVE ACTION (a) Adult day care programs shall be inspected annually and monitored in accordance with the Division of Aging and Adult Services criteria to assure compliance with the rules governing adult day care programs. These visits shall be announced a…

SECTION .0200 - DEFINITION OF TERMS 10A ncac 06R .0201 DEFINITIONS As used in this Subchapter, the following definitions shall apply: (1) "Activities of Daily Living (ADL)" means eating, dressing, bathing, toileting, bowel and bladder control, transfers, and ambulation. (2) "Adap…

SECTION .0300 - ADMINISTRATION 10A NCAC 06R .0301 GOVERNING BODY (a) Responsibility for management rests with the governing body of the day care program. In a private for-profit program, responsibility for management rests with the owner or board of directors; in a private, non-p…

10A NCAC 06R .0302 PROGRAM GOALS The adult day care program shall have written goals to ensure the health, safety and welfare of the participants are met. These goals shall also meet the definition of adult day care services as stated in 10A NCAC 71R .0903. History Note: Authorit…

10A NCAC 06R .0303 AGREEMENTS (a) When a day care program is located in a multiple-use facility (e.g., school, church) there shall be a written agreement regarding the facility's cooperative use. The agreement shall contain the following as they apply to the adult day care progra…

10A NCAC 06R .0304 INSURANCE The governing body shall provide for liability insurance coverage for the facility and vehicles used by the program. History Note: Authority G.S. 131D-6; 143B-153(2a); 143B-153(6); Eff. July 1, 1978; Readopted Eff. September 1, 2019.

10A NCAC 06R .0305 PERSONNEL: CENTERS: HOMES WITH OPERATOR AND STAFF (a) General Requirements (1) The owner of adult day care homes initially certified after January 1, 2003, or homes that make structural modifications to the home after this date, shall reside in the home. (2) St…

10A NCAC 06R .0306 PERSONNEL: DAY CARE HOMES: ONLY STAFF PERSON IS OPERATOR (a) The operator of an adult day care program shall meet the qualifications of director as defined in Rule .0305 of this Section. (b) There shall be a minimum of one staff person during all hours of opera…

10A NCAC 06R .0307 PERSONNEL: VOLUNTEERS (a) When volunteers are used in an adult day care program, adequate planning prior to the placement of the volunteers shall take place in order to provide the volunteer with a written description of his duties and responsibilities. This wr…

SECTION .0400 - THE FACILITY 10A NCAC 06R .0401 GENERAL REQUIREMENTS (a) The facility and grounds of an adult day care program shall meet the requirements of the local environmental health specialist, the local fire safety inspector, the county department of social services, and …

10A NCAC 06R .0402 BUILDING CONSTRUCTION (a) An adult day care building shall meet the approval of the local building inspector in terms of structural soundness and fire safety. (b) The program shall provide at least one entrance at ground level with no steps or an entrance ramp …

10A NCAC 06R .0403 EQUIPMENT AND FURNISHINGS (a) The adult day care facility shall have the following equipment and furnishings: (1) at least one straight back chair or folding chair for each participant and each staff person, excluding those participants or staff in wheelchairs …

SECTION .0500 - PROGRAM OPERATION 10A NCAC 06R .0501 PLANNING PROGRAM ACTIVITIES (a) Enrollment Policies and Procedures (1) Each adult day care program shall have written program policies including enrollment policies that define the population served. These policies shall serve …

10A NCAC 06R .0502 NUTRITION (a) An adult day care program shall provide a midday meal to each participant in attendance. The meal shall provide at least one-third of an adult's daily nutritional requirement as specified by the United States Department of Agriculture, Dietary Gui…

10A ncac 06R .0503 TRANSPORTATION (a) For programs providing or arranging for public transportation, the adult day care program shall have a transportation policy that includes routine and emergency procedures. For the purposes of this Rule, "routine procedures" shall mean mainte…

10A NCAC 06R .0504 EMERGENCIES AND FIRST AID (a) A fire safety and evacuation plan, approved by the Office of the State Fire Marshal or its designee, shall be prepared and maintained by each adult day care program in compliance with the North Carolina State Building Code and Fire…

10A NCAC 06R .0505 MEDICATIONS (a) All adult day care programs shall have written policies on participant medication use, medication administration order changes and medical disposal. (b) Medications shall be administered according to the participant's medication schedule as defi…

10A NCAC 06R .0506 HOURS AND DAYS OF OPERATION (a) Whenever participants are present at the adult day care program, the program participants shall be supervised and services shall be provided. (b) The program shall operate for a minimum of six hours per day. (c) Day care programs…

10A NCAC 06R .0507 availability and accessibility OF PROGRAM policies The adult day care program policies shall be provided to the participant's family member, responsible party or caretaker at the time of enrollment and available on request [.0301(b)(5)(A) or (c)(3)(A) of this S…

10A NCAC 06R .0508 RECORDS (a) Individual Participant Records. Each adult day care program shall maintain records to document the progress of each participant and to document program operation. These records shall be kept in a locked file. An individual folder for each participan…

10A NCAC 06R .0509 PROGRAM EVALUATION (a) Each adult day care program shall have in writing a plan for an annual internal evaluation of its operation and services. The plan shall include the timetable for initiating and completing the annual evaluation, the parties to be involved…

10A NCAC 06R .0510 DAY CARE PROGRAMS IN MULTI-USE FACILITIES Adult day care programs established in buildings which are used at the same time for other activities must adhere to the following guidelines: (1) The day care program must be self-contained with its own staff and separ…

SECTION .0600 – CERTIFICATION PROCEDURE 10A NCAC 06R .0601 PROCEDURE (a) All individuals, groups or organizations operating or wishing to operate an adult day care program as defined by G.S. 131D-6 shall apply for a certificate to the county department of social services in the c…

10A NCAC 06R .0602 CHANGES IN PERSONNEL Whenever there is a change in program director or operator, the qualifications of the new staff person as meeting the standards in Rule .0305 or .0306 of this Subchapter must be documented in writing to the county department of social servi…

SECTION .0700 - CONSTRUCTION REQUIREMENTS FOR DAY CARE HOME 10A NCAC 06R .0701 RESIDENTIAL BUILDING CODE REQUIREMENTS Adult Day Care Homes initially certified after January 1, 2003 and those that make structural building modifications after this date shall meet the residential bu…

10A NCAC 06R .0702 FIRE AND SAFETY REQUIREMENTS Adult Day Care Homes shall: (1) have fire extinguishers of the type recommended by the fire inspector and governed by the North Carolina Fire Prevention Code, centrally located in the kitchen; (2) provide automatic station products …

10A NCAC 06R .0703 OTHER Adult day care programs initially certified after January 1, 2003, or those that make structural building modifications after this date, shall comply with the North Carolina building codes where are hereby incorporated by reference, including subsequent a…

SECTION .0800 - CERTIFICATION INFORMATION 10A NCAC 06R .0801 THE CERTIFICATE (a) The certificate shall be issued by the Division of Aging and Adult Services, when requirements for certification have been met under the rules of this Subchapter. The certificate shall be posted in t…

10A NCAC 06R .0802 PROVISIONAL CERTIFICATE (a) A provisional renewal certificate shall be issued by the Division of Aging and Adult Services when: (1) The certification renewal process identifies violations and a plan for corrective action is in place. The provisional certificati…

10A NCAC 06R .0803 TERMINATION OF CERTIFICATION The certificate will automatically terminate under the following conditions: (1) In a private for-profit program, when ownership in its entirety is transferred; in a private, non-profit program, when the board of directors is dissol…

10A NCAC 06R .0804 DENIAL OR REVOCATION OF CERTIFICATE (a) A certificate shall be denied or revoked by the Division of Aging and Adult Services at any time for failure to comply with the rules of this Subchapter. (b) When a program fails to comply with the rules of this Subchapte…

10A NCAC 06R .0805 PENALTY (a) If the program is in willful violation as specified in Rule .0102 of this Subchapter, a penalty may be imposed. (b) The amount of the penalty, within the limitation established by G.S. 131D-6, shall be determined based on the degree and extent of th…

10A NCAC 06R .0806 PROCEDURE FOR APPEAL (a) When the program is notified by the Division of Aging and Adult Services of a negative action, the program may ask for an informal review by Division staff. For the purpose of this Rule, a "negative action" shall include a violation, st…

SECTION .0900 - SPECIAL CARE FOR PERSONS WITH ALZHEIMER’S DISEASE OR OTHER DEMENTIAS, MENTAL HEALTH DISABILITIES OR OTHER SPECIAL NEEDS DISEASES OR CONDITIONS IN ADULT DAY CARE CENTERS 10A NCAC 06R .0901 DISCLOSURE The rules of this Chapter are established to govern the disclosur…

10A NCAC 06R .0902 POLICIES AND PROCEDURES Adult day care programs shall have written special care services policies and procedures implemented by staff and available for review within the center. In addition to the applicable policies and procedures established by this Subchapte…

10A NCAC 06R .0903 THE FACILITY – SPECIAL CARE SERVICES In addition to meeting general requirements for facility grounds in Rule .0401(a) of this Subchapter, an adult day care center or home providing special care services shall assure that participants receiving this service hav…

10A NCAC 06R .0904 ENROLLMENT – SPECIAL CARE SERVICES In addition to meeting enrollment policies and procedures requirements in Rule .0501(a) of this Subchapter, an adult day care center or home that provides special care services shall: (1) Provide disclosure information to a pa…

10A NCAC 06R .0905 INDIVIDUAL SERVICE PLANS – SPECIAL CARE SERVICES In addition to meeting individual service plan requirements in Rule .0501(b) of this Subchapter, an adult day care center or home providing special care services shall assure that the individual service plan is b…

10A NCAC 06R .0906 PROGRAM PLAN – SPECIAL CARE SERVICES In addition to meeting program plan requirements in Rule .0501(c) of this Subchapter, an adult day care center or home providing special care services shall assure that the program plan provides for a balance of activities t…

10A NCAC 06R .0907 STAFF ORIENTATION AND TRAINING – SPECIAL CARE SERVICES An adult day care center or home providing special care services shall assure that special care services staff receive at least the following orientation and training: (1) Prior to assuming responsibility f…

10A NCAC 06R .0908 REQUIREMENTS FOR SPECIAL CARE SERVICES UNIT In addition to meeting all other special care services requirements, an adult day care center with a special care services unit shall assure the following: (1) An area designated as a special care services unit locate…

SUBCHAPTER 06S – ADULT DAY HEALTH STANDARDS FOR CERTIFICATION SECTION .0100 - INTRODUCTION AND DEFINITIONS 10A NCAC 06S .0101 INTRODUCTORY STATEMENT Subchapter 06S contains standards for certification of adult day health programs, which are a type of adult day care, set forth in …

10A ncac 06S .0102 DEFINITIONS (a) "Adult day health services" means the provision of an organized program of services during the day in a community group setting for the purpose of supporting an adult's personal independence, and promoting his or her social, physical, and emotio…

SECTION .0200 - ADMINISTRATION 10A NCAC 06S .0201 ADMINISTRATION Administrative and personnel requirements as set forth in 10A NCAC 06R .0301, .0303, .0304, .0305(a)(1) and (3) through (8), .0305(b) and .0307 shall be met. History Note: Authority G.S. 131D-6; Eff. September 1, 19…

10A NCAC 06S .0202 PROGRAM GOALS The program shall have stated goals to guide the character of the services given. The goals shall be in writing and consistent with the definition of adult day health services as stated in Rule .0102 of this Subchapter. History Note: Authority G.S…

10A NCAC 06S .0203 STAFFING PATTERN (a) The staffing pattern in adult day health centers and homes shall be dependent upon the number of enrolled participants and the needs of the participants, in accordance with 10A NCAC 06R .0501. (b) There shall be a minimum of one full-time e…

10A NCAC 06S .0204 STAFF REQUIREMENTS (a) Standards set forth in 10A NCAC 06R .0305(a), (b), and (d) shall be met by adult day health programs. (b) The program director for adult day health programs with a capacity of 10 or fewer participants may also serve as the health care coo…

SECTION .0300 - FACILITY REQUIREMENTS FOR CENTERS AND HOMES 10A NCAC 06S .0301 REQUIREMENTS (a) General requirements governing facilities, construction, equipment, and furnishings for adult day care as set forth in 10A NCAC 06R .0400 shall apply to adult day health. (b) Additiona…