North Carolina · statute · N.C. Gen. Stat. ch. 131D · 80 active provisions
Definitions. As used in this Article: (1) Abuse. - The willful or grossly negligent infliction of physical pain, injury, or mental anguish, unreasonable confinement, or the willful or grossly negligent deprivation by the administrator or staff of an adult care home of services which are necessary to maintain mental and…
Persons not to be cared for in adult care homes and multiunit assisted housing with services; hospice care; obtaining services. (a) Adult Care Homes. - Except when a physician certifies that appropriate care can be provided on a temporary basis to meet the resident's needs and prevent unnecessary relocation, adult care…
Exemptions from licensure. The following are excluded from this Article and are not required to be registered or obtain licensure under this Article: (1) Facilities licensed under Chapter 122C or Chapter 131E of the General Statutes. (2) Persons subject to rules of the Division of Employment and Independence for People…
Licensure of adult care homes for aged and disabled individuals; impact of prior violations on licensure; compliance history review; license renewal. (a) Licensure. - Except for those facilities exempt under G.S. 131D-2.3, the Department of Health and Human Services shall inspect and license all adult care homes. The D…
License and registration fees. (a) The Department shall charge each adult care home with six or fewer beds a nonrefundable annual license fee in the amount of three hundred fifteen dollars ($315.00). The Department shall charge each adult care home with more than six beds a nonrefundable annual license fee in the amoun…
Legal action by Department. (a) Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name of the State for injunction or other process against any person to restrain or prevent the establishment, conduct, management, or operation of a…
Provisional license; license revocation; summary suspension of license; suspension of admission. (a) Provisional License. - Except as otherwise provided in this section, the Department may amend a license by reducing it from a full license to a provisional license for a period of not more than 90 days whenever the Depa…
Inspections, monitoring, and review by State agency and county departments of social services. (a) State Inspection and Monitoring. - The Department shall ensure that adult care homes required to be licensed by this Article are monitored for licensure compliance on a regular basis. All facilities licensed under this Ar…
Training requirements; county departments of social services. (a) The county departments of social services' adult home specialists and their supervisors shall complete: (1) Eight hours of prebasic training within 60 days of employment; (2) Thirty-two hours of basic training within six months of employment; (3) Twenty-…
Departmental duties. (a) Enforcement of Room Ventilation and Temperature. - The Department shall monitor regularly the enforcement of rules pertaining to air circulation, ventilation, and room temperature in resident living quarters. These rules shall include the requirement that air conditioning or at least one fan pe…
Confidentiality. Notwithstanding G.S. 8-53 or any other law relating to confidentiality of communications between physician and patient, in the course of an inspection conducted under G.S. 131D-2.11: (1) Department representatives may review any writing or other record concerning the admission, discharge, medication, c…
Resident assessments. (a) Initial Assessment. - The Department shall ensure that facilities conduct and complete an assessment of each resident within 72 hours of admitting the resident. In conducting the assessment, the facility shall use an assessment instrument approved in accordance with rules adopted by the Medica…
Rules. Except as otherwise provided in this Article, the Medical Care Commission shall adopt rules necessary to carry out this Article. The Commission has the authority, in adopting rules, to specify the limitation of nursing services provided by assisted living residences. In developing rules, the Commission shall con…
Impact on other laws; severability. (a) Nothing in this section shall be construed to supersede any federal or State antitrust, antikickback, or safe harbor laws or regulations. (b) If any provisions of this section or the application of it to any person or circumstance is held invalid, the invalidity does not affect o…
Application of other laws. (a) Certification of assisted living administrators shall be as provided under Article 20A of Chapter 90 of the General Statutes. (b) Compliance with the Health Care Personnel Registry shall be as provided under G.S. 131E-256. (c) Rules for the operation of the adult care portion of a combina…
Adult care homes; legislative intent. The General Assembly finds and declares that the ability to exercise personal control over one's life is fundamental to human dignity and quality of life and that dependence on others for some assistance with daily life activities should not require surrendering personal control of…
Adult care homes; family care homes; cost reports; exemptions; enforcement. (a) Except for family care homes, adult care homes with a licensed capacity of seven to twenty beds, which are licensed pursuant to this Chapter, to Chapter 122C of the General Statutes, and to Chapter 131E of the General Statutes, shall submit…
Adult care home rules. (a) Pursuant to G.S. 143B-165, the North Carolina Medical Care Commission shall adopt rules to ensure at a minimum, but shall not be limited to, the provision of each of the following by adult care homes: (1) Repealed by Session Laws 2000-111, s. 1. (2) A minimum of 80 hours of training for perso…
Adult care home minimum safety requirements; smoking prohibited inside long-term care facilities; penalty. (a) In addition to other requirements established by this Article or by rules adopted pursuant to this Article or other provisions of law, every adult care home shall provide to each resident the care, safety, and…
Adult care home infection prevention requirements. (a) As used in this section, "adult care home staff" means any employee of an adult care home. (b) In order to prevent transmission of infectious diseases, each adult care home shall do all of the following: (1) Implement written infection prevention and control polici…
Guidelines for reporting suspected communicable disease outbreaks. The Department shall develop guidelines prescribing the manner in which an adult care home is to report a suspected communicable disease outbreak within the facility to the local health department. (2011-99, s. 3.)
Rules adopted by Medical Care Commission. The Medical Care Commission shall adopt rules as follows: (1) Establishing minimum medication administration standards for adult care homes. The rules shall include the minimum staffing and training requirements for medication aides and standards for professional supervision of…
Fees for medication aides. The Department may impose a fee, not to exceed twenty-five dollars ($25.00), on an applicant seeking certification as an assisted living home medication aide to cover the costs of testing and materials in administering a certification examination. (2010-31, s. 10.36A(a).)
Adult care home medication aides; training and competency evaluation requirements. (a) By January 1, 2012, the Division of Health Service Regulation shall develop a mandatory, annual in-service training program for adult care home medication aides on infection control, safe practices for injections and any other proced…
Adult care home supervisors; infection control training requirements. (a) The Department shall develop, in consultation with associations representing adult care home providers, model infection prevention and control policies and procedures that are consistent with accepted national standards and address the factors id…