§ 131E-102 – Licensure requirements.
131E-102. Licensure requirements. (a) No person shall operate a nursing home without a license obtained from the Department. Any person may operate a nursing home or a combination home, as defined in this Part, in the same building or in two or more buildings adjoining or next to each other on the same site. Both […]
§ 131E-103 – Adverse action on a license.
131E-103. Adverse action on a license. (a) Subject to subsection (b), the Department shall have the authority to deny a new or renewal application for a license, and to amend, recall, suspend or revoke an existing license upon a determination that there has been a substantial failure to comply with the provisions of this Part […]
§ 131E-104 – Rules and enforcement.
131E-104. Rules and enforcement. (a) The Commission is authorized to adopt, amend, and repeal all rules necessary for the implementation of this Part. (b) The Commission shall adopt rules for the operation of the adult care portion of a combination home. The rules shall provide that for each requirement applicable to freestanding adult care homes […]
§ 131E-105 – Inspections.
131E-105. Inspections. (a) The Department shall inspect any nursing home and any adult care home operated as a part of a nursing home in accordance with rules adopted by the Commission. (b) Notwithstanding the provisions of G.S. 8-53, "Communications between physician and patient," or any other provision of law relating to the confidentiality of communications […]
§ 131E-106 – Evaluation of residents in adult care homes.
131E-106. Evaluation of residents in adult care homes. The Department shall prescribe the method of evaluation of residents in the adult care portion of a combination home in order to determine when any of these residents is in need of professional medical and nursing care as provided in licensed nursing homes. (1963, c. 859; 1981, […]
§ 131E-107 – Quality assurance, medical, or peer review committees.
131E-107. 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, […]
§ 131E-108 – Peer review.
131E-108. Peer review. It is not a violation of G.S. 131E-117(5) 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 […]
§ 131E-109 – Penalties.
131E-109. Penalties. (a) Any person establishing, conducting, managing, or operating any nursing home without a license is guilty of a Class 3 misdemeanor, and upon conviction is only liable for a fine of not more than five hundred dollars ($500.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent […]
§ 131E-110 – Injunction.
131E-110. Injunction. (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 nursing home without a license. […]
§ 131E-100 – Title; purpose.
131E-100. Title; purpose. (a) This Part shall be known as the "Nursing Home Licensure Act." (b) The purpose of the Nursing Home Licensure Act is to establish authority and duty for the Department to inspect and license private nursing homes. (1983, c. 775, s. 1.)