§ 131E-241 – Avoidance of preexisting leases, mortgages, and contracts.
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.
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.
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-214.13 – Disclosure of prices for most frequently reported DRGs, CPTs, and HCPCSs.
131E-214.13. Disclosure of prices for most frequently reported DRGs, CPTs, and HCPCSs. (a) The following definitions apply in this Article: (1) Ambulatory surgical facility. – A facility licensed under Part 4 of Article 6 of this Chapter. (2) Commission. – The North Carolina Medical Care Commission. (3) Health insurer. – An entity that writes a […]
§ 131E-214.14 – Disclosure of charity care policy and costs.
131E-214.14. Disclosure of charity care policy and costs. (a) Requirements. – A hospital or ambulatory surgical facility required to file Schedule H, federal form 990, under the Code must provide the public access to its financial assistance policy and its annual financial assistance costs reported on its Schedule H, federal form 990. The information must […]
§ 131E-230 – Legislative findings.
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.
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.
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.
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.
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 […]