58-64-1. Definitions. As used in this Article, unless otherwise specified: (1) Continuing care. – The furnishing to an individual other than an individual related by blood, marriage, or adoption to the person furnishing the care, of lodging together with nursing services, medical services, or other health related services, under a contract approved by the Department […]
58-64-10. Revocation of license. (a) The license of a provider shall remain in effect until revoked after notice and hearing, upon written findings of fact by the Commissioner, that the provider has: (1) Willfully violated any provision of this Article or of any rule or order of the Commissioner; (2) Failed to file an annual […]
58-64-15. Sale or transfer of ownership. No license is transferable, and no license issued pursuant to this Article has value for sale or exchange as property. No provider or other owning entity shall sell or transfer ownership of the facility, or enter into a contract with a third-party provider for management of the facility, unless […]
58-64-20. Disclosure statement. (a) At the time of, or prior to, the execution of a contract to provide continuing care, or at the time of, or prior to, the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever occurs first, the provider shall deliver a […]
58-64-25. Contract for continuing care; specifications. (a) Each contract for continuing care shall provide that: (1) The party contracting with the provider may rescind the contract within 30 days following the later of the execution of the contract or the receipt of a disclosure statement that meets the requirements of this section, and the resident […]
58-64-30. Annual disclosure statement revision. (a) Within 150 days following the end of each fiscal year, the provider shall file with the Commissioner a revised disclosure statement setting forth current information required pursuant to G.S. 58-64-20. The provider shall also make this revised disclosure statement available to all the residents of the facility. This revised […]
58-64-33. Operating reserves. (a) A provider shall maintain after the opening of a facility: an operating reserve equal to fifty percent (50%) of the total operating costs of the facility forecasted for the 12-month period following the period covered by the most recent disclosure statement filed with the Department. The forecast statements as required by […]
58-64-35. Escrow, collection of deposits. (a) Where escrow accounts are required by this Article, a provider shall establish an escrow account with (i) a bank, (ii) a trust company, or (iii) another independent person or entity agreed upon by the provider and the resident, unless such account arrangement is prohibited by the Commissioner. The terms […]
58-64-40. Right to organization. (a) A resident living in a facility operated by a provider licensed under this Article has the right of self-organization, the right to be represented by an individual of the resident’s own choosing, and the right to engage in concerted activities to keep informed on the operation of the facility in […]
58-64-45. Supervision, rehabilitation, and liquidation. (a) If, at any time, the Commissioner determines, after notice and an opportunity for the provider to be heard, that: (1) A portion of an entrance fee escrow account required to be maintained under this Article has been or is proposed to be released in violation of this Article; (2) […]
58-64-46. Receiverships; exception for facility beds. When the Commissioner has been appointed as a receiver under Article 30 of this Chapter for a provider or facility subject to this Article, the Department of Health and Human Services may, notwithstanding any other provision of law, accept and approve the addition of adult care home beds for […]
58-64-5. License. (a) No provider shall engage in the business of offering or providing continuing care in this State without a license to do so obtained from the Commissioner as provided in this Article. It is a Class 1 misdemeanor for any person, other than a provider licensed under this Article, to advertise or market […]
58-64-50. Investigations and subpoenas. (a) The Commissioner may make such public or private investigations within or outside of this State as necessary (i) to determine whether any person has violated or is about to violate any provision of this Article, (ii) to aid in the enforcement of this Article, or (iii) to verify statements contained […]
58-64-55. Examinations; financial statements. The Commissioner or the Commissioner’s designee may, in the Commissioner’s discretion, visit a provider offering continuing care in this State to examine its books and records. Expenses incurred by the Commissioner in conducting examinations under this section shall be paid by the provider examined. The provisions of G.S. 58-2-131, 58-2-132, 58-2-133, […]
58-64-60. Contracts as preferred claims on liquidation. In the event of liquidation of a provider, all contracts for continuing care executed by the provider shall be deemed preferred claims against all assets owned by the provider; provided, however, such claims shall be subordinate to the liquidator’s cost of administration or any secured claim. (1989, c. […]
58-64-65. Rule-making authority; reasonable time to comply with rules. (a) The Commissioner is authorized to promulgate rules to carry out and enforce the provisions of this Article. (b) Any provider who is offering continuing care may be given a reasonable time, not to exceed one year from the date of publication of any applicable rules […]
58-64-7. Continuing care services without lodging. (a) A provider of continuing care who has obtained a license pursuant to this Article and desires to provide or arrange for continuing care services, including home care services, to an individual who has entered into a continuing care contract with the provider but is not yet receiving lodging […]
58-64-70. Civil liability. (a) A provider who enters into a contract for continuing care at a facility without having first delivered a disclosure statement meeting the requirements of G.S. 58-64-20 to the person contracting for this continuing care, or enters into a contract for continuing care at a facility with a person who has relied […]
58-64-75. Criminal penalties. Any person who willfully and knowingly violates any provision of this Article is guilty of a Class 1 misdemeanor. The Commissioner may refer such evidence as is available concerning violation of the Article or of any rule or order hereunder to the Attorney General or a district attorney who may, with or […]
58-64-80. Advisory Committee. There shall be a nine member Continuing Care Advisory Committee appointed by the Commissioner. The Committee shall consist of at least two residents of facilities, two representatives of LeadingAge North Carolina, one individual who is a certified public accountant and is licensed to practice in this State, one individual skilled in the […]
