§ 131E-203 – Coverage.
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.
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.
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-182 – Application.
131E-182. Application. (a) The Department in its rules shall establish schedules for submission and review of completed applications. The schedules shall provide that applications for similar proposals in the same service area will be reviewed together. (b) An application for a certificate of need shall be made on forms provided by the Department. The application […]
§ 131E-183 – Review criteria.
131E-183. Review criteria. (a) The Department shall review all applications utilizing the criteria outlined in this subsection and shall determine that an application is either consistent with or not in conflict with these criteria before a certificate of need for the proposed project shall be issued. (1) (See note) The proposed project shall be consistent […]
§ 131E-184 – Exemptions from review[Effective until January 1, 2023]
131E-184. Exemptions from review. [Effective until January 1, 2023] (a) Except as provided in subsection (b) of this section, the Department shall exempt from certificate of need review a new institutional health service if it receives prior written notice from the entity proposing the new institutional health service, which notice includes an explanation of why […]
§ 131E-185 – Review process.
131E-185. Review process. (a) Repealed by Session Laws 1987, c. 511, s. 1. (a1) Except as provided in subsection (c) of this section, there shall be a time limit of 90 days for review of the applications, beginning on the day established by rule as the day on which applications for the particular service in […]
§ 131E-186 – Decision.
131E-186. Decision. (a) Within the prescribed time limits in G.S. 131E-185, the Department shall issue a decision to "approve," "approve with conditions," or "deny," an application for a new institutional health service. Approvals involving new or expanded bed capacity for nursing care or intermediate care for individuals with intellectual disabilities shall include a condition that […]
§ 131E-187 – Issuance of a certificate of need.
131E-187. Issuance of a certificate of need. (a),(b) Repealed by Session Laws 2009-373, s. 1, effective July 31, 2009. (c) The Department shall issue a certificate of need in accordance with the time line requirements of this section but only after all applicable conditions of approval that can be satisfied before issuance of the certificate […]
§ 131E-188 – Administrative and judicial review.
131E-188. Administrative and judicial review. (a) After a decision of the Department to issue, deny or withdraw a certificate of need or exemption or to issue a certificate of need pursuant to a settlement agreement with an applicant to the extent permitted by law, any affected person, as defined in subsection (c) of this section, […]