131E-200. Title; purpose. This Article shall be known as the "Hospice Licensure Act." The purpose of this Article is to establish licensing requirements for hospices. (1983 (Reg. Sess., 1984), c. 1022, s. 1; 1987, c. 34.)
131E-201. Definitions. As used in this Article, unless a different meaning or construction is clearly required by the context: (1) "Commission" means the North Carolina Medical Care Commission. (2) "Department" means the Department of Health and Human Services. (3) "Hospice" means any coordinated program of home care with provision for inpatient care for terminally ill […]
131E-202. Licensing. (a) The Commission shall adopt rules for the licensing and regulation of hospices, hospice inpatient facilities, and hospice residential care facilities pursuant to this Article for the purpose of providing care, treatment, health, safety, welfare, and comfort of hospice patients. These rules shall include, but not be limited to: (1) The qualifications and […]
131E-203. Coverage. (a) Except as provided in subsection (b) of this section, no person or other entity shall operate or represent himself or itself to the public as operating a hospice, a hospice inpatient facility, or a hospice residential care facility, or offer or represent himself or itself to the public as offering hospice services […]
131E-204. Inspections. The Department shall inspect all hospices that are subject to rules adopted pursuant to this Article in order to determine compliance with the provisions of this Article and with rules adopted thereunder. Inspections shall be conducted in accordance with rules adopted by the Commission. (1983 (Reg. Sess., 1984), c. 1022, s. 1.)
131E-205. Adverse action on a license; appeal procedures. (a) The Department may suspend, revoke, cancel, or amend a license when there has been a substantial failure to comply with this Article or with rules and regulations adopted thereunder. (b) Chapter 150A of the General Statutes, the Administrative Procedure Act, shall govern all administrative action pursuant […]
131E-206. Injunction. (a) Notwithstanding the existence or pursuit of any other remedy, the Department may maintain an action in the name of the State for injunctive relief or other process against any person to restrain or prevent the establishment, conduct, management, or operation of a hospice without a license. (b) Notwithstanding the provisions of G.S. […]
131E-207. Confidentiality. (a) 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. 131E-204: (1) Department representatives may review any writing or other record concerning the admission, discharge, medication, treatment, medical condition, or history of any person who is or […]
131E-207.5. Patient visitation rights for residents of hospice care facilities. (a) Each hospice care facility licensed under this Article shall permit patients to receive visitors to the fullest extent permitted under any applicable rules, regulations, or guidelines adopted by either the Centers for Medicare and Medicaid Services or the Centers for Disease Control and Prevention […]
131E-208. Reserved for future codification purposes.
