§ 131D-1 – Recodified as GS0.10 by Session Laws 2009-462, s1(b), effective October 1, 2009.
131D-1: Recodified as G. S. 131D-10.10 by Session Laws 2009-462, s. 1(b), effective October 1, 2009.
§ 131D-10 – Adult care home rated certificates.
131D-10. Adult care home rated certificates. (a) Rules adopted by the North Carolina Medical Care Commission for issuance of certificates to adult care homes shall contain a rating based, at a minimum, on the following: (1) Inspections and substantiated complaint investigations conducted by the Department to determine compliance with licensing statutes and rules. Specific areas […]
§ 131D-2.1 – Definitions.
131D-2.1. 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 physical health. (2) Administrator. […]
§ 131D-2.11 – Inspections, monitoring, and review by State agency and county departments of social services.
131D-2.11. 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 Article and adult care units in […]
§ 131D-2.12 – Training requirements; county departments of social services.
131D-2.12. 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-four hours of postbasic training within six months of […]
§ 131D-2.13 – Departmental duties.
131D-2.13. 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 per resident bedroom and living and dining areas be […]
§ 131D-2.14 – Confidentiality.
131D-2.14. 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, care, medical condition, or history of any person who is or has […]
§ 131D-2.15 – Resident assessments.
131D-2.15. 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 Medical Care Commission. The Department shall provide ongoing […]
§ 131D-2.16 – Rules.
131D-2.16. 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 consider the need to ensure comparable quality […]
§ 131D-2.17 – Impact on other laws; severability.
131D-2.17. 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 other provisions […]
§ 131D-2.18 – Application of other laws.
131D-2.18. 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 combination home, as […]
§ 131D-2.2 – Persons not to be cared for in adult care homes and multiunit assisted housing with services; hospice care; obtaining services.
131D-2.2. 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 homes shall not […]
§ 131D-2.3 – Exemptions from licensure.
131D-2.3. 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 Vocational Rehabilitation Services; (3) Facilities that care for no […]
§ 131D-2.4 – Licensure of adult care homes for aged and disabled individuals; impact of prior violations on licensure; compliance history review; license renewal.
131D-2.4. 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 Department shall issue a license for […]
§ 131D-2.5 – License and registration fees.
131D-2.5. 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 amount of […]
§ 131D-2.6 – Legal action by Department.
131D-2.6. 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 an adult care […]
§ 131D-2.7 – Provisional license; license revocation; summary suspension of license; suspension of admission.
131D-2.7. 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 Department finds that: (1) […]
§ 131D-4.1 – Adult care homes; legislative intent.
131D-4.1. 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 informed decision making or risk […]
§ 131D-4.2 – Adult care homes; family care homes; cost reports; exemptions; enforcement.
131D-4.2. 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 audited reports […]
§ 131D-4.3 – Adult care home rules.
131D-4.3. 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 […]