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North Carolina · G.S. 131E-136 · State Medical Facilities Plan

North Carolina home health vs home care license

North Carolina has three licenses for care at home. Which one you need depends on whether your staff touch clients, and whether you want to bill Medicare. Only one of them needs a Certificate of Need, and in 2026 none are being granted.

  • Rule-verified October 1, 2026
  • Quoted from G.S. 131E and 10A NCAC 13J
  • From DHSR and the 2026 State Medical Facilities Plan
Three folders on a desk labelled Companion only, In-home aide and Medicare home health, the third with a sticky note reading Certificate of Need first

Quick answer

In North Carolina, a home care agency is licensed by DHSR to give care at home, including hands-on in-home aide care. A home health agency is a licensed home care agency that is also Medicare-certified: "Home Health means a licensed home care agency which is certified to receive Medicare and Medicaid reimbursement for providing nursing care, therapy, medical social services, and home health aide services".

The difference that matters for a new owner: "To become a medicare certified home health agency, a Certificate of Need (CON) must be obtained." And the 2026 State Medical Facilities Plan says of new Medicare-certified home health agencies: "It is determined that there is no need anywhere in the state and no reviews are scheduled."

So a new agency starts as a licensed home care agency ($510 a year, no Certificate of Need). If you will only offer companion, sitter or respite care, you need a home assistance services provider license instead.

The three licenses

Start from what your staff will actually do in the client’s home. ""Hands-on care" means any home care service that involves touching the patient in order to implement the patient's plan of care." 13J .0901(10)

Home assistance

Companion, sitter, respite only

Company, supervision and respite with no hands-on care. Needs a DHSR license, liability insurance and criminal background checks, and clients must be told you give no hands-on care.

G.S. 131E-136(1b), -138(h)

Home care agency

Hands-on in-home aide care

Help with bathing, dressing, toileting, eating and moving, plus nursing or therapies if you add them. A DHSR license under 10A NCAC 13J, $510 a year. Where most new agencies start.

G.S. 131E-136(3)d

Home health

Medicare-certified

A licensed home care agency certified to bill Medicare and Medicaid for skilled care. Needs a Certificate of Need first, and none are available in 2026.

DHSR FAQ 3-6

Not sure? Take the short license check on our North Carolina guide.

Side by side

Home assistance providerHome care agencyMedicare-certified home health
What it coversCompanion, sitter or respite care on its own, or with homemaker services. No hands-on care. G.S. 131E-136(1b)Home care services: in-home aide (hands-on) care, nursing, therapies, medical social services and more, as licensed. DHSR FAQ 2A licensed home care agency that is also certified to bill Medicare and Medicaid for nursing, therapy, medical social services and home health aide services. DHSR FAQ 3
LicenseA DHSR license as a home assistance services provider. G.S. 131E-138(a)A DHSR home care agency license, one per site, $510 a year. G.S. 131E-138(c)A DHSR home care license, after the Certificate of Need. DHSR
Certificate of NeedNo. DHSR ties the CON to Medicare certification. DHSR FAQ 3-6No, unless it seeks Medicare certification. DHSR FAQ 3-6Required first, one per site. DHSR
MedicareNo. DHSR FAQ 5Cannot bill Medicare without certification. DHSR FAQ 5Certified to bill Medicare and Medicaid. DHSR FAQ 3
New ones in 2026Yes, apply to DHSR. G.S. 131E-138(a)Yes, apply to DHSR. DHSRNo need found anywhere in the state; no CON reviews scheduled. SMFP 2026 Table 12E

The $510 is DHSR’s state license fee, not a CareRulebook price.

Home health and the Certificate of Need

"No one may develop a new certified home health agency without first obtaining a certificate of need." A certificate cannot be issued unless the State Medical Facilities Plan shows a need for the agency in the county where it is proposed. DHSR

  1. 01

    Check the State Medical Facilities Plan

    The plan, published each year, shows how many new Medicare-certified home health agencies are needed and in which counties. Each county is its own service area, and need is only found where the projected unmet need is 325 patients or more.

    SMFP 2026, ch. 12
  2. 02

    Apply for a Certificate of Need

    Only where the plan shows need, by the deadline it sets. There is a comment period and a public hearing, and the CON Section decides within 150 days of the start of the review.

    DHSR
  3. 03

    Get the home care license

    With the CON issued, apply to DHSR’s Acute and Home Care Licensure and Certification Section for the license, one per site.

    DHSR
  4. 04

    Then Medicare certification

    Steps to certify for Medicare and Medicaid come after the agency is licensed and operating, with an unannounced on-site survey.

    DHSR

2026 and 2027 · No need anywhere

Table 12E of the 2026 plan, for new Medicare-certified home health agencies or offices: "It is determined that there is no need anywhere in the state and no reviews are scheduled." The proposed 2027 plan, for reviews starting in 2027, says the same. SMFP 2026 Proposed SMFP 2027

Medicare enrollment is closed to new agencies too, nationwide: "Effective May 13, 2026, CMS will halt the enrollment of new Hospice and HHA providers or HHA branch or practice locations." The moratorium lasts six months, can be extended, and allows no individual exceptions. CMS, QSO-26-11

The plan’s inventory lists 208 licensed Medicare-certified agencies or offices already operating (our count). Questions about home health Certificates of Need go to DHSR’s Certificate of Need Section on 919-855-3873.

DHSR’s page describing the home health route was last updated in 2008. The Certificate of Need requirement is confirmed in DHSR’s FAQ (revised May 30, 2025) and in the 2026 plan.

A licensed home care agency

This is where a new North Carolina agency giving personal care starts. The statute lists among home care services: "In-home aide services that involve hands-on care to an individual." G.S. 131E-136(3)d

  • An RN must be available for supervision and consultation while in-home aides work, and does the client assessments and 90-day supervisory visits. DHSR FAQ 43
  • Aides who give extensive assistance must be on the Nurse Aide Registry. 13J .1107(b)
  • In-home aide services are limited to your county, neighboring counties, or 90 minutes’ drive from the site. 13J .1107(h)
  • Licensed only, you cannot bill Medicare: "A non-certified home care ... agency is a state licensed only home care agency that cannot receive Medicare reimbursement for services." DHSR FAQ 5

DHSR asks for your policies, procedures and personnel documents after you apply and reviews them before licensing you. How the application works →

The CareRulebook manual preview on a laptop

CareRulebook

Starting a home care agency? DHSR reviews your policies first.

CareRulebook writes the North Carolina policies DHSR’s initial survey checklist asks for, for a home care agency giving in-home aide care, with optional companion, sitter and respite services. Your agency’s details are filled in and the 13J rule is quoted under every policy.

  • 31 policies, 47 rule requirements mapped
  • All 32 items on DHSR’s Initial Survey Checklist
  • Editable Word and PDF, delivered instantly
Preview your manual

$199CareRulebook founding price for the first 50 North Carolina agencies, then $249. Not a DHSR fee.

Home assistance only: companion, sitter and respite

Since 2023 the statute treats companion-only care as its own service: "In-home companion, sitter, or respite care services provided to an individual." G.S. 131E-136(1b)

It still needs a license: "No person or governmental unit shall operate a home care agency or a home assistance services provider without a license obtained from the Department." G.S. 131E-138(a) A home assistance provider must carry liability insurance, run criminal background checks, and "inform all new clients that they do not provide health care or hands-on care." G.S. 131E-138(h)

A home care agency can offer companion, sitter and respite services alongside in-home aide care under its home care license; DHSR’s application lists them as a service to tick.

Myths

Can you open a new Medicare-certified home health agency in North Carolina in 2026?

No. Not as a new agency. It needs a Certificate of Need, which can only be issued where the State Medical Facilities Plan shows need. The 2026 plan, and the proposed 2027 plan, find no need anywhere in the state.

"It is determined that there is no need anywhere in the state and no reviews are scheduled."

Can you run a companion-only agency in North Carolina without a license?

No. Since 2023 the statute calls companion, sitter and respite services "home assistance services", and a home assistance services provider needs a license too.

"No person or governmental unit shall operate a home care agency or a home assistance services provider without a license obtained from the Department."

Can the Medicaid PCS service plan be your plan of care?

No. DHSR says the Medicaid personal care services plan is not a plan of care and cannot replace one.

"The Service Plan is not a Plan of Care and may not be substituted as a Plan of Care."

Frequently asked questions

What is the difference between home health and home care in North Carolina?

In North Carolina a home health agency is a licensed home care agency that is also certified to receive Medicare and Medicaid reimbursement for nursing, therapy, medical social services and home health aide services. A home care agency that is licensed but not certified cannot receive Medicare reimbursement. Both are licensed by DHSR under the same home care rules, 10A NCAC 13J.

Do I need a Certificate of Need to start a home care agency in North Carolina?

DHSR’s FAQ ties the Certificate of Need to Medicare certification: "To become a medicare certified home health agency, a Certificate of Need (CON) must be obtained." A home care agency offering in-home aide services applies to DHSR for a license with the $510 fee.

Can I start a Medicare-certified home health agency in North Carolina?

Not as a new agency at the moment. A Certificate of Need can only be issued where the State Medical Facilities Plan shows need, and the 2026 plan states: "It is determined that there is no need anywhere in the state and no reviews are scheduled." The proposed 2027 plan says the same, and CMS has separately paused Medicare enrollment of new home health agencies nationwide from May 13, 2026, for six months.

Can a licensed home care agency provide nursing in North Carolina?

Nursing is one of the home care services DHSR licenses, given by or under the supervision of an RN. Without Medicare certification the agency cannot bill Medicare for it.

Do I need a license for companion care only in North Carolina?

Yes. Since 2023 companion, sitter and respite care on its own is a "home assistance service", and a home assistance services provider needs a license from DHSR. It must carry liability insurance, tell new clients it does not provide health care or hands-on care, and run criminal background checks.

What counts as hands-on care?

Under 10A NCAC 13J, hands-on care means any home care service that involves touching the client in order to carry out the plan of care. Hands-on in-home aide services are home care services and need a home care agency license.

How many Medicare-certified home health agencies are there in North Carolina?

The 2026 State Medical Facilities Plan’s inventory lists 208 licensed Medicare-certified home health agencies or offices (our count of license numbers in its Table 12A). DHSR’s full home care list has 3,336 licensed sites.

Know when the plan changes

The State Health Coordinating Council publishes a new State Medical Facilities Plan every year. Leave your email and we will tell you if it finds need for home health agencies, or when North Carolina home care rules change.

No spam. Only emails about North Carolina home care rule changes. How we use your email.

Keep reading

Sources

  1. 10A NCAC 13J, The Licensing of Home Care Agencies · NC Office of Administrative Hearings · retrieved October 1, 2026
  2. N.C. General Statutes Chapter 131E, Article 6 (home care agency licensure and home care clients’ bill of rights) · North Carolina General Assembly · retrieved October 1, 2026
  3. Home Care Frequently Asked Questions (rev. 5/30/25) · NC DHSR · retrieved October 1, 2026
  4. Licensure Application for Home Care, Nursing Pool, and Hospice (DHSR-4204, rev. 07/21, 2026 edition) · NC DHSR · retrieved October 1, 2026
  5. Establishing a Certified Home Health Agency (page last modified October 15, 2008) · NC DHSR · retrieved October 1, 2026
  6. 2026 State Medical Facilities Plan, Chapter 12: Home Health Services · NC DHSR, Healthcare Planning and Certificate of Need Section · retrieved October 1, 2026
  7. Proposed 2027 State Medical Facilities Plan, Chapter 12: Home Health Services · NC DHSR, Healthcare Planning and Certificate of Need Section · retrieved October 1, 2026
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