131E-230. Legislative findings. The General Assembly finds that: (1) A substantial number of citizens of this State now reside, or in the future may reside, in long-term care facilities within this State; (2) Improper operation of long-term care facilities may tend to create a substantial risk of serious physical injury to residents; (3) The closure […]
131E-231. Definitions. As used in this Article, unless otherwise specified: (1) "Long-term care facility" means a nursing home as defined in G.S. 131E-101(6) and an adult care home as defined in G.S. 131D-2.1(3) or G.S. 131E-101(4). (2) "Resident" means a person who has been admitted to a long-term care facility. (3) "Respondent" means the person […]
131E-232. Who may petition; contents of petition. The Department may petition a court of competent jurisdiction to appoint a temporary manager to operate a long-term care facility. The petition shall set forth material facts showing that one or more of the grounds for appointment of a temporary manager set forth in G.S. 131E-234 exist, that […]
131E-233. Procedures for appointment; evidence in defense. (a) The procedure for petitioning the superior court for the appointment of a temporary manager, including service of process shall be in accordance with the North Carolina Rules of Civil Procedure. If personal service of a copy of the petition cannot be made with due diligence upon the […]
131E-234. Grounds for appointment of temporary manager. Upon a showing by the Department that one or more of the following grounds exist, the court may appoint a temporary manager for an initial period of 30 days or the first review by a superior court judge pursuant to G.S. 131E-243, whichever is longer: (1) Conditions or […]
131E-235. Alternative to appointment of temporary manager. (a) After the hearing described in G.S. 131E-233(b), if the court finds that the evidence warrants the granting of the relief sought and the respondent applies to the court for permission to promptly remove or remedy the conditions or pattern specified in the petition and demonstrates the ability […]
131E-236. Compensation of temporary manager. The court shall set the compensation of the temporary manager. (1993, c. 390, s. 1.)
131E-237. Candidates for temporary managers. In the petition the Department shall nominate at least one candidate for temporary manager and shall include the name, address, and qualifications of each nominee. The Department shall maintain a list of persons qualified to act as temporary managers. The person or persons nominated by the Department to serve as […]
131E-238. Temporary manager; powers and duties. A temporary manager appointed under this section: (1) May exercise those powers and shall perform those duties ordered by the court; (2) Shall operate the long-term care facility in compliance with State and federal laws and assure the safety of the residents and the delivery of services to them; […]
131E-239. Plan for correction of deficiencies in excess of one thousand dollars ($1,000). (a) If the temporary manager determines that it is necessary to correct a deficiency or deficiencies in the structure or furnishings reasonably estimated by the temporary manager to cost in excess of one thousand dollars ($1,000), the temporary manager shall submit to […]
131E-240. Payment to temporary manager. (a) A person served with notice of an order of the court appointing a temporary manager and of the temporary manager’s name and address shall be liable to pay the temporary manager for any goods or services provided by the temporary manager after the date of the order if the […]
131E-241. Avoidance of preexisting leases, mortgages, and contracts. (a) A temporary manager shall not be required to honor any lease, mortgage, secured transaction, or other wholly or partially executory contract entered into by the respondent, licensee, or administrator of the long-term care facility if the temporary manager demonstrates to the court that the rental price, […]
131E-242. Contingency fund. (a) The Department may maintain a temporary management contingency fund. (b) Upon a showing that proper expenses of the temporary management under this Article exceed the operating funds of the long-term care facility, the court, in its discretion, may order that the Department provide funds from the contingency fund to the temporary […]
131E-243. Review and termination of temporary management. (a) The operations and continuing need for a temporary manager shall be reviewed by the court every 30 days following the appointment of the temporary manager. (b) The court may order the replacement of a temporary manager upon a showing that the temporary manager has mismanaged the long-term […]
131E-244. Accounting lien for expenses. (a) Within 30 days after termination of the temporary management, the temporary manager shall give the court a complete accounting of: (1) All property of which the temporary manager took possession; (2) All funds collected under this Article; (3) Expenses of the temporary management; and (4) All disbursements or transfers […]
131E-245. Obligations of licensee. Nothing in this Article shall relieve any respondent, licensee, or administrator of a long-term care facility placed in temporary management of any civil or criminal liability, or any duty imposed by law, by reason of acts or omissions of the respondent, licensee, or administrator prior to the appointment of the temporary […]
131E-246. Conflict of laws. In the event of a conflict between federal laws or regulations and State law or rules, the federal laws or regulations shall control. (1993, c. 390, s. 1.)
