reglab/housing_qa huggingface dataset:
NC Gen Stat § 131D-19 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-19 - Legislative intent.

 131D-19. Legislative intent.It is the intent of the General Assembly to promote the interests and well-being of the residents in adult care homes and assisted living residences licensed pursuant to Part 1 of this Article. It is the intent of the General Assembly that every resident's civil and religious liberties, including the right to independent personal decisions and knowledge of available choices, shall not be infringed and that the facility shall encourage and assist the resident in the fullest possible exercise of these rights. It is the intent of the General Assembly that rules developed by the Social Services Commission to implement Article 1 and Article 3 of Chapter 131D of the General Statutes encourage every resident's quality of life, autonomy, privacy, independence, respect, and dignity and provide the following:(1) Diverse and innovative housing models that provide choices of different lifestyles that are acceptable, cost-effective, and accessible to all consumers regardless of age, disability, or financial status;(2) A residential environment free from abuse, neglect, and exploitation;(3) Available, affordable personal service models and individualized plans of care that are mutually agreed upon by the resident, family, and providers and that include measurable goals and outcomes;(4) Client assessment, evaluation, and independent case management that enhance quality of life by allowing individual risk-taking and responsibility by the resident for decisions affecting daily living to the greatest degree possible based on the individual's ability; and(5) Oversight, monitoring, and supervision by State and county governments to ensure every resident's safety and dignity and to assure that every resident's needs, including nursing and medical care needs if and when needed, are being met.  (1981, c. 923, s. 1; 1995, c. 535, s. 12; 2009-462, s. 4(g).)
NC Gen Stat § 131D-21.1 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-21.1 - Peer review.

 131D-21.1. Peer review.It is not a violation of G.S. 131D-21(6) 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 care through evaluation and peer assistance;b. Resolve written complaints in a responsible and professional manner; andc. Develop a basic knowledge of care and standards useful in establishing a means of measuring quality of care; and(3) The peer review committee keeps such records confidential. (1983, c. 816, s. 1.)
NC Gen Stat § 131D-21.2 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-21.2 - Quality assurance, medical, or peer review committees.

 131D-21.2. 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, if the committee member acts without malice or fraud, and if such peer review committee is approved and operates in accordance with G.S. 131D-21.1.(b) The proceedings of a quality assurance, medical, or peer review committee, the records and materials it produces and the materials it considers shall be confidential and not considered public records within the meaning of G.S. 132-1, " 'Public records' defined", and shall not be subject to discovery or introduction into evidence in any civil action against an adult care home or a provider of professional health services that results from matters that are the subject of evaluation and review by the committee. No person who was in attendance at a meeting of the committee shall be required to testify in any civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or its members. However, information, documents, or records otherwise available are not immune from discovery or use in a civil action merely because they were presented during proceedings of the committee. Documents otherwise available as public records within the meaning of G.S. 132-1 do not lose their status as public records merely because they were presented or considered during proceedings of the committee. A member of the committee or a person who testifies before the committee may testify in a civil action but cannot be asked about the person's testimony before the committee or any opinions formed as a result of the committee hearings. (2004-149, s. 2.3; 2006-264, s. 65.)
NC Gen Stat § 131D-22 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-22 - Transfer of management responsibilities.

 131D-22. Transfer of management responsibilities.Any representative authorized in writing by a resident to manage his financial affairs, any resident's legal guardian as appointed by a court, or any resident's attorney-in-fact as specified in the power of attorney agreement may sign any documents required by this Article, perform any other act, and receive or furnish any information required by this Article. (1981, c. 923, s. 1; 1983, c. 824, s. 14.)
NC Gen Stat § 131D-23 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-23 - No waiver of rights.

 131D-23. No waiver of rights.No facility may require a resident to waive the rights specified in G.S. 131D-21. (1981, c. 923, s. 1.)
NC Gen Stat § 131D-24 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-24 - Notice to resident.

 131D-24. Notice to resident.(a) A copy of the declaration of the residents' rights shall be posted conspicuously in a public place in all facilities. A copy of the declaration of residents' rights shall be furnished to the resident upon admittance to the facility, to all residents currently residing in the facility, to a representative payee of the resident, or to any person designated in G.S. 131D-22, and if requested to the resident's responsible family member or guardian. Receipts for the declaration of rights signed by these persons shall be retained in the facility's files. The declaration of rights shall be included as part of the facility's admission policies and procedures.(b) The address and telephone number of the section in the Department of Health and Human Services responsible for the enforcement of the provisions of this Article shall be posted and distributed with copies of G.S. 131D-21. The address and telephone number of the county social services department, and the appropriate person or office of the Department of Health and Human Services shall also be posted and distributed. (1981, c. 923, s. 1; 1997-443, s. 11A.118(a).)
NC Gen Stat § 131D-25 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-25 - Implementation.

 131D-25. Implementation.Responsibility for implementing the provisions of this Article shall rest with the administrator of the facility. Each facility shall provide appropriate training to staff to implement the declaration of residents' rights included in G.S. 131D-21. (1981, c. 923, s. 1.)
NC Gen Stat § 131D-26 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-26 - Enforcement and investigation.

 131D-26. Enforcement and investigation.(a) The Department of Health and Human Services shall be responsible for the enforcement of the provisions of this Article. Specifically, the department of social services in the county in which the facility is located and the Department of Health and Human Services, shall be responsible for enforcing the provisions of the declaration of the residents' rights. The director of the county department of social services shall monitor the implementation of the declaration of the residents' rights and shall also investigate any complaints or grievances pertaining to violations of the declaration of rights.(a1) When the department of social services in the county in which a facility is located receives a complaint alleging a violation of the provisions of this Article pertaining to patient care or patient safety, the department of social services shall initiate an investigation as follows:(1) Immediately upon receipt of the complaint if the complaint alleges a life-threatening situation.(2) Within 24 hours if the complaint alleges abuse of a resident as defined by G.S. 131D-20(1).(3) Within 48 hours if the complaint alleges neglect of a resident as defined by G.S. 131D-20(8).(4) Within two weeks in all other situations.The investigation shall be completed within 60 days. The requirements of this section are in addition to and not in lieu of any investigatory requirements for adult protective services pursuant to Article 6 of Chapter 108A of the General Statutes.  (b) If upon investigation, it is found that any of the provisions of the declaration of rights has been violated, the director of the county department of social services or a designee must orally inform the administrator immediately of the specific violations, what must be done to correct them, and set a date by which the violations must be corrected. This same information must be confirmed in writing to the administrator by the county director or a designee within 10 working days following the investigation. A copy of the letter shall be sent to the Department of Health and Human Services.(c) Upon receiving requests for assistance in resolving complaints from the county department of social services, the Department of Health and Human Services shall ensure compliance with the provisions of this Article.(d) The county director of social services shall annually make a report to the Department of Health and Human Services about the number of substantiated violations of G.S. 131D-21, the nature of the violations, and the number of violations referred to the Department of Health and Human Services for resolution. (1981, c. 923, s. 1; 1983, c. 824, ss. 15, 16; 1997-443, s. 11A.118(a); 1999-334, s. 1.8; 2007-444, s. 5(b).)
NC Gen Stat § 131D-27 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-27 - Confidentiality.

 131D-27. Confidentiality.The Department of Health and Human Services is authorized to inspect residents' records maintained at the facility when necessary to investigate any alleged violation of the declaration of the residents' rights. The Department of Health and Human Services shall maintain the confidentiality of all persons who register complaints with the Department of Health and Human Services and of all records inspected by the Department of Health and Human Services. (1981, c. 923, s. 1; 1997-443, s. 11A.118(a).)
NC Gen Stat § 131D-28 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-28 - Civil action.

 131D-28. Civil action.Every resident shall have the right to institute a civil action for injunctive relief to enforce the provisions of this Article. The Department of Health and Human Services, a general guardian, or any person appointed ad litem pursuant to law, may institute an action pursuant to this section on behalf of the resident or residents. Any agency or person above named may enforce the rights of the resident specified in G.S. 131D-21 which the resident himself is unable to enforce. (1981, c. 923, s. 1; 1997-443, s. 11A.118(a).)
NC Gen Stat § 131D-29 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 3 - Adult Care Home Residents' Bill of Rights.|§ 131D-29 - Revocation of license.

 131D-29. Revocation of license.The Department of Health and Human Services shall have the authority to revoke a license issued under G.S. 131D-2.4 in any case where it finds that there has been a substantial failure to comply with the provisions of this Article.Such revocation shall be effected by mailing to the licensee by registered or certified mail, or by personal service of, a notice setting forth the particular reasons for such action. Such revocation shall become effective 20 days after the mailing or service of the notice, unless the applicant or licensee, within such 20-day period, shall give written notice to the Department of Health and Human Services requesting a hearing, in which case the notice shall be deemed to be suspended. If a hearing has been requested, the licensee shall be given a prompt and fair hearing pursuant to the Administrative Procedure Act. At any time at or prior to the hearing, the Department of Health and Human Services may rescind the notice of revocation upon being satisfied that the reasons for the revocation have been or will be removed.  (1981, c. 923, s. 1; 1997-443, s. 11A.118(a); 2009-462, s. 4(i).)
NC Gen Stat § 131D-35 (2021)
2021 North Carolina General Statutes|Chapter 131D - Inspection and Licensing of Facilities|Article 4 - Temporary Management of Adult Care Homes.|§ 131D-35 - Temporary management of adult care homes.

 131D-35. Temporary management of adult care homes.The provisions of Article 13 of Chapter 131E are incorporated by reference in this Article. (1993, c. 390, s. 3; 1995, c. 535, s. 18.)
NC Gen Stat § 131E-1 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 1 - General Provisions.|§ 131E-1 - Definitions.

 131E-1. Definitions.As used in this Chapter, unless the context clearly indicates otherwise:(1) "Department" means the Department of Health and Human Services.(2) "Person" means an individual, trust, estate, partnership, or corporation including associations, joint-stock companies, and insurance companies. (1983, c. 775, s. 1; 1997-443, s. 11A.118(a).)
NC Gen Stat § 131E-2 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 1 - General Provisions.|§ 131E-2 - Contested case hearing petition time limit.

 131E-2. Contested case hearing petition time limit.Except as otherwise provided in this Chapter, a petition for a contested case that is authorized by this Chapter shall be filed in the Office of Administrative Hearings within 30 days after the Department mails written notice of an agency decision to the person filing the petition. This section shall not be construed to create any right to file a petition for a contested case that is not otherwise granted in this Chapter. (1991, c. 143, s. 1, c. 761, s. 23.)
NC Gen Stat § 131E-3 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 1 - General Provisions.|§ 131E-3 - Coordination of rules on pathological materials.

 131E-3. Coordination of rules on pathological materials.The Division of Health Service Regulation, Department of Health and Human Services (Department), shall adopt rules governing the procedures regarding the request for and release of pathological materials made to clinical laboratories within the jurisdiction of the Department. These rules shall be consistent with the North Carolina Hospital Association Best Practices Principles and the College of American Pathologists 2003 Professional Relations Manual and shall be developed in consultation with the North Carolina Medical Board to ensure consistency in procedures governing pathological materials.  (2013-43, s. 1.)
NC Gen Stat § 131E-5 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 2 - Public Hospitals.|§ 131E-5 - Title and purpose.

 131E-5. Title and purpose.(a) This Part shall be known and may be cited as the "Municipal Hospital Act."(b) The purpose of this Part is to authorize municipalities to construct, operate and maintain hospitals and other facilities which furnish hospital, clinical and similar services to the people of this State. It is also the purpose of this Part to authorize municipalities to cooperate with other public and private agencies and with each other. Additionally, it is the purpose of this Part to authorize municipalities to accept assistance from State and federal agencies and from other sources.(c) This Part provides an additional and alternative method for municipalities to establish facilities that furnish hospital, clinical and similar services. This Part shall not be regarded as repealing any powers now existing under any other law, either general, special or local.(d) This Part shall be construed liberally to effect its purposes. (1983, c. 775, s. 1.)
NC Gen Stat § 131E-7.1 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 2 - Public Hospitals.|§ 131E-7.1 - Public hospitals' managed care development authorized.

 131E-7.1. Public hospitals' managed care development authorized.A public hospital as defined in G.S. 159-39(a) may acquire an ownership interest, in whole or in part, in a nonprofit or for-profit managed care company, including a health maintenance organization, physician hospital organization, physician organization, management services organization, or preferred provider organization with which the public hospital is also directly or indirectly a contracting provider. Ownership interest may be evidenced by the ownership or acquired by the purchase of stock. This ownership or acquisition of stock is the exercise of a health care function and is not the investment of idle funds within the meaning of G.S. 159-30 and G.S.159-39(g). (1995 (Reg. Sess., 1996), c. 713, s. 1.)
NC Gen Stat § 131E-8.1 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 2 - Public Hospitals.|§ 131E-8.1 - Maintenance of Health Education Facilities.

 131E-8.1. Maintenance of Health Education Facilities.(a) This section shall apply to all sales and leases of a hospital facility by a municipality or hospital authority where any portion of the facility was constructed with a capital grant from the Area Health Education Centers Program (AHEC).(b) The municipality or hospital authority shall give specific notice of intent to sell or lease and of any public hearing to the Director of the local AHEC program and the Director of the AHEC Program at the University of North Carolina School of Medicine at Chapel Hill.(c) The municipality or hospital authority may provide continued access to the identical or equivalent facilities suitable for continuation of AHEC activities, including all services being provided under the existing operating contract. The municipality or hospital authority may convey all ownership rights in the hospital facility, or any part thereof, to the local AHEC Program without monetary consideration. Further, the municipality or hospital authority may reimburse the local AHEC Program for any funds used for the original construction of any office for AHEC provided by AHEC to establish or continue the hospital facility.(d) No portion of this section shall be construed to alter rights or obligations of the operating contracts between the hospital facility and AHEC. (1983 (Reg. Sess., 1984), c. 1056, s. 1; 1985 (Reg. Sess., 1986), c. 995.)
NC Gen Stat § 131E-9 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 2 - Public Hospitals.|§ 131E-9 - Governing authority of hospital facilities.

 131E-9. Governing authority of hospital facilities.(a) The governing body of a municipality may establish by resolution an office, board, or other municipal agency to plan, establish, construct, maintain, or operate a hospital facility. The resolution shall prescribe the powers, duties, compensation, and tenure of the members of the governing authority. The municipality shall remain responsible for the expenses of planning, establishment, construction, maintenance and operation of the hospital facilities.(b) (1) The county board of commissioners of a county may establish by resolution a county hospital authority to plan, establish, construct, maintain, or operate a hospital facility. The authority shall be referred to as "______ County Hospital Authority."(2) The county hospital authority shall consist of six appointed members and one ex officio member.(3) The appointed members of the authority shall be appointed by the county board of commissioners. All appointed members shall be residents of the county. Three of the members shall be residents of a city in the county and the remaining three members shall not be residents of the same city or cities in which the other three members appointed under this subdivision reside.(4) For the initial appointments to the county hospital authority, two of the members shall be appointed for a term of three years, two for a term of four years, and two for a term of five years to achieve staggered terms. All subsequent appointments shall be for five-year terms.(5) The ex officio member of the county hospital authority shall be a member of the county board of commissioners. The ex officio member's term on the hospital authority shall be commensurate with his or her term as a member of the county board of commissioners.(6) When any member of the county hospital authority resigns or is removed from office before the expiration of the member's term, the county board of commissioners shall appoint a person to serve the unexpired portion of the term.(c) Any authority vested in a county under this Part or any authority or power that may be exercised by a hospital authority under the Hospital Authorities Act, Chapter 131E, Article 2, Part B, may be vested by resolution of the county board of commissioners in a county hospital authority established under this section. However, a county hospital authority shall exercise only the powers and duties prescribed in the county board of commissioners' resolution. The county board of commissioners shall determine in the resolution the compensation, traveling and any other expenses which shall be paid to each member of the county hospital authority. However, the expenses to plan, establish, construct and operate the hospital facility shall remain the responsibility of the county. (1983, c. 775, s. 1.)
NC Gen Stat § 131E-10 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 2 - Public Hospitals.|§ 131E-10 - Condemnation.

 131E-10. Condemnation.Every municipality is authorized to condemn property to carry out the purposes of this Part. In condemning property, a municipality shall proceed in the manner provided in Chapter 40A of the General Statutes or in the charter of the municipality. A municipality or its agents is authorized to enter upon land, provided no unnecessary damage is done, to make surveys and examinations relative to any condemnation proceeding. Notwithstanding the provisions of any other statute or of any applicable municipal charter, the municipality may take possession of property to be condemned at any time after the commencement of the condemnation proceeding. The municipality shall not be precluded from abandonment of the condemnation of property in any case where possession has not taken place. (1983, c. 775, s. 1.)