131D-19. Legislative intent. It is the intent of the General Assembly to promote the interests and well-being of the residents in adult care homes and assisted living residences licensed pursuant to Part 1 of this Article. It is the intent of the General Assembly that every resident’s civil and religious liberties, including the right to […]
131D-20. Definitions. As used in this Article, the following terms have the meanings specified: (1) "Abuse" means 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 […]
131D-21. Declaration of residents’ rights. Each facility shall treat its residents in accordance with the provisions of this Article. Every resident shall have the following rights: (1) To be treated with respect, consideration, dignity, and full recognition of his or her individuality and right to privacy. (2) To receive care and services which are adequate, […]
131D-21.1. Peer review. It is not a violation of G.S. 131D-21(6) for medical records to be disclosed to a private peer review committee if: (1) The peer review committee has been approved by the Department; (2) The purposes of the peer review committee are to: a. Survey facilities to verify a high level of quality […]
131D-21.2. Quality assurance, medical, or peer review committees. (a) A member of a duly appointed quality assurance, medical, or peer review committee shall not be subject to liability for damages in any civil action on account of any act, statement, or proceeding undertaken, made, or performed within the scope of the functions of the committee, […]
131D-22. Transfer of management responsibilities. Any representative authorized in writing by a resident to manage his financial affairs, any resident’s legal guardian as appointed by a court, or any resident’s attorney-in-fact as specified in the power of attorney agreement may sign any documents required by this Article, perform any other act, and receive or furnish […]
131D-23. No waiver of rights. No facility may require a resident to waive the rights specified in G.S. 131D-21. (1981, c. 923, s. 1.)
131D-24. Notice to resident. (a) A copy of the declaration of the residents’ rights shall be posted conspicuously in a public place in all facilities. A copy of the declaration of residents’ rights shall be furnished to the resident upon admittance to the facility, to all residents currently residing in the facility, to a representative […]
131D-25. Implementation. Responsibility for implementing the provisions of this Article shall rest with the administrator of the facility. Each facility shall provide appropriate training to staff to implement the declaration of residents’ rights included in G.S. 131D-21. (1981, c. 923, s. 1.)
131D-26. Enforcement and investigation. (a) The Department of Health and Human Services shall be responsible for the enforcement of the provisions of this Article. Specifically, the department of social services in the county in which the facility is located and the Department of Health and Human Services, shall be responsible for enforcing the provisions of […]
131D-27. Confidentiality. The Department of Health and Human Services is authorized to inspect residents’ records maintained at the facility when necessary to investigate any alleged violation of the declaration of the residents’ rights. The Department of Health and Human Services shall maintain the confidentiality of all persons who register complaints with the Department of Health […]
131D-28. Civil action. Every resident shall have the right to institute a civil action for injunctive relief to enforce the provisions of this Article. The Department of Health and Human Services, a general guardian, or any person appointed ad litem pursuant to law, may institute an action pursuant to this section on behalf of the […]
131D-29. Revocation of license. The Department of Health and Human Services shall have the authority to revoke a license issued under G.S. 131D-2.4 in any case where it finds that there has been a substantial failure to comply with the provisions of this Article. Such revocation shall be effected by mailing to the licensee by […]
131D-31. Adult care home community advisory committees. (a) Statement of Purpose. – It is the intention of the General Assembly that community advisory committee members function as representatives of the Office of the State Long-Term Care Ombudsman and through their designation work to maintain the intent of the Adult Care Home Residents’ Bill of Rights […]
131D-32. Functions of adult care home community advisory committees. (a) The committee shall serve as the nucleus for increased community involvement with adult care homes and their residents. (b) The committee shall promote community education and awareness of the needs of aging and disabled persons who reside in adult care homes, and shall work towards […]
131D-34. Penalties; remedies. (a) Violation Classification and Penalties. – The Department of Health and Human Services shall impose an administrative penalty in accordance with provisions of this Article on any facility which is found to be in violation of requirements of G.S. 131D-21 or applicable State and federal laws and regulations. Citations for violations shall […]
131D-34.1. Report of death of resident. (a) An adult care home shall notify the Department of Health and Human Services immediately upon the death of any resident that occurs in the adult care home or that occurs within 24 hours of the resident’s transfer to a hospital if the death occurred within seven days of […]
