§ 131E-144.5 – Implementation.
131E-144.5. Implementation. Responsibility for implementing the provisions of this Part shall rest with the home care agency director. Each agency shall provide appropriate training to implement this Part. (2005-276, s. 10.40A(n).)
§ 131E-144.6 – Enforcement and investigation.
131E-144.6. Enforcement and investigation. (a) The Department of Health and Human Services shall be responsible for enforcing the provisions of this Part. The Department shall investigate complaints made to it and reply within a reasonable period of time, not to exceed 60 days. (a1) When the Department of Health and Human Services receives a complaint […]
§ 131E-144.7 – Confidentiality.
131E-144.7. Confidentiality. (a) The Department of Health and Human Services may inspect home care clients’ medical records maintained at the agency when necessary to investigate any alleged violation of this Part. (b) The Department shall maintain the confidentiality of all persons who register complaints with the Department and of all medical records inspected by the […]
§ 131E-137 – Services to be provided in all counties.
131E-137. Services to be provided in all counties. (a) Every county shall provide part-time, intermittent home care nursing services, and at least one of the following home care services: part-time, intermittent physical therapy, occupational therapy, speech therapy, medical social work, or home health aide services. (b) Repealed by Session Laws 1991, c. 59, s. 1. […]
§ 131E-138 – Licensure requirements.
131E-138. Licensure requirements. (a) No person or governmental unit shall operate a home care agency without a license obtained from the Department. Nothing in this Part shall be construed to extend or modify the licensing of individual health professionals by the licensing boards for their professions or to create any new professional license category. (b) […]
§ 131E-138.1 – Licensure fees for nursing beds and adult care home beds in continuing care retirement communities.
131E-138.1. Licensure fees for nursing beds and adult care home beds in continuing care retirement communities. The Department shall charge continuing care retirement communities licensed under Article 64 of Chapter 58 of the General Statutes that have nursing home beds or adult care home beds licensed by the Department a nonrefundable annual base license fee […]
§ 131E-139 – Adverse action on a license.
131E-139. Adverse action on a license. (a) The Department may suspend, revoke, annul, withdraw, recall, cancel or amend a license when there has been a substantial failure to comply with the provisions of this Part or the rules promulgated under this Part. (b) The provisions of Chapter 150B of the General Statutes, The Administrative Procedure […]
§ 131E-140 – Rules and enforcement.
131E-140. Rules and enforcement. (a) The Commission may adopt, amend and repeal all rules necessary for the implementation of this Part and Part 3A of Article 6 of this Chapter. Provided, these rules shall not extend, modify, or limit the licensing of individual health professionals by their respective licensing boards; nor shall these rules in […]
§ 131E-141 – Inspection.
131E-141. Inspection. (a) The Department shall inspect home care agencies in accordance with rules adopted by the Commission to determine compliance with the provisions of this Part and the rules established 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 […]
§ 131E-141.1 – Penalties for violation.
131E-141.1. Penalties for violation. Any person who knowingly and willfully establishes, conducts, manages or operates any home care agency without a license is guilty of a Class 3 misdemeanor and upon conviction is liable only for a fine of not more than five hundred dollars ($500.00) for the first offense and not more than five […]