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2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 11A - Medical Care Data. › § 131E-214 - Title and purpose.

§ 131E-214. Title and purpose.
(a) This Article is the Medical Care Data Act.
(b) The General Assembly finds that, as a result of rising medical care costs and the concern expressed by medical care providers, medical care consumers, third-party payors, and health care planners involved with planning for the provision of medical care, there is an urgent and continuing need to understand patterns and trends in the use and cost of medical care services in this State. The purposes of this Article are as follows:
(1) To ensure that there is an information base containing medical care data from throughout the State that can be used to improve the appropriate and efficient use of medical care services and maintain an acceptable quality of health care services in this State.
(2) To ensure that the necessary medical care data is available to university researchers, State public policymakers, and all other interested persons to improve the decision-making process regarding access, identified needs, patterns of medical care, charges, and use of appropriate medical care services.
(3) To ensure that a data processor receiving data under this Article protects patient confidentiality.
These purposes are to be accomplished by requiring that all hospitals and freestanding ambulatory surgical facilities submit information necessary for a review and comparison of charges, utilization patterns, and quality of medical services to a data processor that maintains a statewide database of medical care data and that makes medical care data available to interested persons, including medical care providers, third-party payors, medical care consumers, and health care planners. (1995, c. 517, s. 39(b).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 11A - Medical Care Data. › § 131E-214.1 - Definitions.

§ 131E-214.1. Definitions.
The following definitions apply in this Article:
(1) Division. – The Division of Health Service Regulation of the Department of Health and Human Services.
(2) Freestanding ambulatory surgical facility. – A facility licensed under Part 4 of Article 6 of this Chapter.
(3) Hospital. – A facility licensed under Article 5 of this Chapter or Article 2 of Chapter 122C of the General Statutes, but does not include the following:
a. A facility with all of its beds designated for medical type "LTC" (long-term care).
b. A facility with the majority of its beds designated for medical type "PSY-3" (intellectual/developmental disability).
c. A facility operated by the Division of Prisons of the Department of Adult Correction.
(4) Patient data. – Data that includes a patient's age, sex, race, ethnicity, zip code, third-party coverage, principal and other diagnoses, date of admission, procedure and discharge date, principal and other procedures, total charges and components of the total charges, attending physician identification number, and hospital or freestanding ambulatory surgical facility identification number.
(5) Patient identifying information. – The name, address, social security number, or similar information by which the identity of a patient can be determined with reasonable accuracy and speed either directly or by reference to other publicly available information. The term does not include a number assigned to a patient by a health care provider if that number does not consist of or contain numbers, including social security or drivers license numbers, that could be used to identify a patient with reasonable accuracy and speed from sources external to the health care provider.
(6) Statewide data processor. – A data processor certified by the Division as capable of complying with the requirements of G.S. 131E-214.4. The Division may deny, suspend, or revoke a certificate, in accordance with Chapter 150B of the General Statutes, if the statewide data processor does not comply with or is not capable of complying with the requirements of G.S. 131E-214.4. The Division may promulgate rules concerning the receipt, consideration, and limitation of a certificate applied for or issued under this Article. (1995, c. 517, s. 39(b); 1997-443, s. 11A.118(a); 2007-182, s. 1; 2008-119, s. 2; 2011-145, s. 19.1(h); 2012-83, s. 44; 2017-186, s. 2(yyyyy); 2019-76, s. 22; 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 11A - Medical Care Data. › § 131E-214.2 - Data submission required.

§ 131E-214.2. Data submission required.
Except as prohibited by federal law or regulation, each hospital and freestanding ambulatory surgical facility shall submit patient data to a statewide data processor within 60 calendar days after the close of each calendar quarter for patients that were discharged or died during that quarter. (1995, c. 517, s. 39(b).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 11A - Medical Care Data. › § 131E-214.3 - Patient data not public records.

§ 131E-214.3. Patient data not public records.
(a) The following are not public records under Chapter 132 of the General Statutes:
(1) Patient data furnished to and maintained by a statewide data processor pursuant to this Article.
(2) Compilations of patient data prepared for release or dissemination by a statewide data processor pursuant to this Article.
(3) Patient data furnished by a statewide data processor to the State.
(b) Compilations of data under subdivision (a)(3) of this section, prepared for release or dissemination by the State, are public records.
(c) The State shall not allow proprietary information, including patient data, that it receives from a statewide data processor to be used by a person for commercial purposes. The State shall require the person requesting this information to certify that it will not use the information for commercial purposes.
(d) A person is immune from liability for actions arising from the required submission of data under this Article. (1995, c. 517, s. 39(b).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 11A - Medical Care Data. › § 131E-214.4 - Statewide data processor.

§ 131E-214.4. Statewide data processor.
(a) A statewide data processor shall perform the following duties:
(1) Make available annually to the Division, at no charge, a report that includes a comparison of the 35 most frequently reported charges of hospitals and freestanding ambulatory surgical facilities. The report is a public record and shall be made available to the public in accordance with Chapter 132 of the General Statutes. Publication or broadcast by the news media shall not constitute a resale or use of the data for commercial purposes.
(2) Receive patient data from hospitals and freestanding ambulatory surgical facilities throughout this State.
(3) Compile and maintain a uniform set of data from the patient data submitted.
(4) Analyze the patient data.
(5) Compile reports from the patient data and make the reports available upon request to interested persons at a reasonable charge determined by the data processor.
(6) Ensure that adequate measures are taken to provide system security for all data and information received from hospitals and freestanding ambulatory surgical facilities pursuant to this Article.
(7) Protect the confidentiality of patient records and comply with applicable laws and regulations concerning patient confidentiality, including the confidentiality of patient-identifying information. The data processor shall not disclose patient-identifying information unless (i) the information was originally submitted by the party requesting disclosure or (ii) the State Health Director requests specific individual records for the purpose of protecting and promoting the public health under Chapter 130A of the General Statutes, and the disclosure is not otherwise prohibited by federal law or regulation. Such records shall be made available to the State Health Director at a reasonable charge. Such records made available to the State Health Director are not public records; the State Health Director shall maintain their confidentiality and shall not make the records available notwithstanding G.S. 130A-374(a)(2).
(b) The Department of Health and Human Services may take adverse action against a hospital under G.S. 131E-78 or G.S. 122C-24 or against a freestanding ambulatory surgical center under G.S. 131E-148 for a violation of this Article. (1995, c. 517, s. 39(b); 1997-443, s. 11A.118(a).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 11A - Medical Care Data. › § 131E-214.5 - Department's duty to provide limited access to patient data.

§ 131E-214.5. Department's duty to provide limited access to patient data.
(a) The Department of Health and Human Services (Department) shall make available, at no charge and in a manner and format of its choosing, to any person or organization under contract with the Department to provide medical care quality improvement services, the minimum necessary data components of compiled patient data prepared for release or dissemination by a statewide data processor to the State Health Director pursuant to G.S. 131E-214.4(a)(7). The minimum necessary data components of compiled patient data shall be determined by the Department and are subject to any restrictions by the data owner. As used in this section, "medical care quality improvement services" means evaluation of medical quality of healthcare performance.
(b) Any person or organization that receives patient data pursuant to this section is subject to the following requirements and limitations:
(1) Is prohibited from using the patient data for any purpose other than to fulfill its performance under the terms of the contract with the Department.
(2) Shall maintain the confidentiality of the data.
(3) Shall not retain the data beyond the term of its contract with the Department. (2021-180, s. 9E.3(a).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 11B - Transparency in Health Care Costs. › § 131E-214.12 - Purpose; Department to publish price information.

§ 131E-214.12. Purpose; Department to publish price information.
(a) It is the intent of this Article to improve transparency in health care costs by providing information to the public on the costs of the most frequently reported diagnostic related groups (DRGs) for hospital inpatient care and the most common surgical procedures and imaging procedures provided in hospital outpatient settings and ambulatory surgical facilities.
(b) The Department of Health and Human Services shall make available to the public on its internet Web site the most current price information it receives from hospitals and ambulatory surgical facilities pursuant to G.S. 131E-214.13. The Department shall provide this information in a manner that is easily understood by the public and meets the following minimum requirements:
(1) Information for each hospital shall be listed separately and hospitals shall be listed in groups by category as determined by the North Carolina Medical Care Commission in rules adopted pursuant to G.S. 131E-214.13.
(2) Information for each hospital outpatient department and each ambulatory surgical facility shall be listed separately.
(c) Any data disclosed to the Department by a hospital or ambulatory surgical facility pursuant to the Health Care Cost Reduction and Transparency Act of 2013 shall be and will remain the sole property of the facility that submitted the data. Any data or product derived from the data disclosed pursuant to this act, including a consolidation or analysis of the data, shall be and will remain the sole property of the State. The Department shall not allow proprietary information it receives pursuant to this act to be used by any person or entity for commercial purposes. (2013-382, s. 10.1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 11B - Transparency in Health Care Costs. › § 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 be submitted annually to the Department in the time, manner, and format required by the Department. The Department must post all of the information submitted pursuant to this subsection on its internet Web site in one location and in a manner that is searchable. The posting requirement shall not be satisfied by posting links to internet Web sites. The information must also be displayed in a conspicuous place in the organization's place of business.
(b) Definitions. – The following definitions apply in this section:
(1) Code. – Defined in G.S. 105-228.90.
(2) Financial assistance costs. – The information reported on Schedule H, federal form 990, related to the organization's financial assistance at cost and the amounts reported on that schedule related to the organization's bad debt expense and the estimated amount of the organization's bad debt expense attributable to patients eligible under the organization's financial assistance policy.
(3) Financial assistance policy. – A policy that meets the requirements of section 501(r) of the Code. (2013-382, s. 10.1; 2015-241, s. 12A.15(b).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 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 of a long-term care facility can have adverse effects on the residents thereof, especially if the closure and transfer of residents is done hastily;
(4) The general health and welfare of the people of this State, particularly those persons residing in long-term care facilities within this State, would be enhanced by development of a procedure for the court appointment of a temporary manager to assure the proper operation of a long-term care facility in certain instances until a manager chosen by the facility is prepared to properly operate the facility, or until the residents can be safely transferred to a proper alternative setting; and
(5) The use of a temporary manager is intended as a temporary measure and the ongoing or long-term operation of a nursing facility by a temporary manager is neither beneficial nor appropriate. (1993, c. 390, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 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 or entity holding a license pursuant to G.S. 131E-102 or G.S. 131D-2.4 or a person or entity operating a long-term care facility subject to licensure without a license. (1993, c. 390, s. 1; 1995, c. 535, s. 26; 2008-187, s. 38(b); 2009-462, s. 4(l).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 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 the facts set forth in the petition have been brought to the attention of the respondent, and that the conditions described in the petition have not been remedied within a reasonable period of time. The petition shall also set forth a brief description of the action or actions necessary to remedy the alleged conditions. (1993, c. 390, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 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 a pattern of conditions exist in the long-term care facility that create a substantial risk of death or serious physical harm to residents or that death or serious physical harm has occurred, and it is probable that the facility will not or cannot immediately remedy those conditions or pattern of conditions, or the facility has shown a pattern of failure to comply with applicable laws and rules and continues to fail to comply;
(2) The long-term care facility is operating without a license;
(3) The license of the long-term care facility has been revoked or the long-term care facility is closing or intends to close and: (i) adequate arrangements for relocating residents have not been made, or (ii) quick relocation would not be in the best interest of the residents; or
(4) A previous court order has been issued requiring the respondent to act or refrain from acting in a manner directly affecting the care of the residents and the respondent has failed to comply with the court order. (1993, c. 390, s. 1; 1999-334, s. 1.12.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 131E-235 - Alternative to appointment of temporary manager.

§ 131E-235. Alternative to appointment of temporary manager.
(a) After the hearing described in G.S. 131E-233(b), if the court finds that the evidence warrants the granting of the relief sought and the respondent applies to the court for permission to promptly remove or remedy the conditions or pattern specified in the petition and demonstrates the ability to promptly undertake and complete the removal or remedying of such conditions or pattern, the court, in lieu of appointing a temporary manager, may issue an order permitting the respondent to remove or remedy the conditions in accordance with a time schedule and subject to conditions determined by the court, including the posting of security for the performance of the work as may be fixed by the court.
(b) If, after entry of an order pursuant to subsection (a) of this section, it appears that the respondent is not proceeding in accordance with the court's order in removing or remedying the conditions found by the court to exist, the Department, upon notice to the respondent, may move the court for an order appointing a temporary manager pursuant to the court's findings at the original hearing. If upon hearing the matter, the court finds that the respondent is not proceeding in accordance with the court's order, the court may appoint a temporary manager as authorized by G.S. 131E-234. If the respondent has posted security to ensure removal or remedying of the conditions found by the court, the security or any part of the security as is necessary may be used by the temporary manager to remedy the conditions. (1993, c. 390, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 131E-237 - Candidates for temporary managers.

§ 131E-237. Candidates for temporary managers.
In the petition the Department shall nominate at least one candidate for temporary manager and shall include the name, address, and qualifications of each nominee. The Department shall maintain a list of persons qualified to act as temporary managers. The person or persons nominated by the Department to serve as temporary manager shall either be employed by the Department or be one of the persons on the list of qualified persons maintained by the Department. This nominee shall be approved by the court reviewing the Department's petition for appointment of a temporary manager. (1993, c. 390, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 131E-239 - Plan for correction of deficiencies in excess of one thousand dollars ($1,000).

§ 131E-239. Plan for correction of deficiencies in excess of one thousand dollars ($1,000).
(a) If the temporary manager determines that it is necessary to correct a deficiency or deficiencies in the structure or furnishings reasonably estimated by the temporary manager to cost in excess of one thousand dollars ($1,000), the temporary manager shall submit to the court a written plan that contains the following:
(1) A description of the deficiency or deficiencies that require correction;
(2) A description of the method proposed by the temporary manager for correction of the deficiency or deficiencies; and
(3) An estimate of the cost of the correction or corrections.
(b) A copy of the plan shall be served upon the Department and the respondent on the same day that it is submitted to the court.
(c) If the Department or respondent makes a written request for a hearing within seven days after the submission of the plan to the court, a hearing on the proposed plan of correction shall be held. If a hearing is requested by a party, the hearing shall be held within 14 days of the written request. The Department, respondent, and temporary manager shall have the opportunity to present evidence at the hearing regarding the proposed plan. Upon hearing the evidence, the court may approve the plan, modify the plan, or, if the court determines as a result of the evidence that the alleged deficiency does not require correction, it may reject the plan. If no party requests a hearing on the plan in accordance with this subsection, the court may order the temporary manager to proceed to implement the plan.
(d) In the event of an emergency situation involving the structure or furnishings of the facility the correction of which will cost in excess of one thousand dollars ($1,000) and where failure to correct the situation immediately will likely result in serious physical harm or death to residents, the temporary manager may proceed to correct the situation in the most economical and efficient manner under the circumstances without prior court approval of a plan. If the court later determines pursuant to G.S. 131E-244(b) that the expenditure was not necessary or reasonable under the circumstances, payment for the expenditure or any part determined to be unreasonable or unnecessary by the court, must be paid from the contingency fund described in G.S. 131E-242. If the payment was initially made by the temporary manager from the contingency fund, the respondent shall have no obligation to repay those funds to the contingency fund upon a finding that the expenditure was unreasonable or unnecessary. If the payment was initially made by the temporary manager from operating revenues of the facility, the respondent shall be entitled to repayment of those amounts from the contingency fund. (1993, c. 390, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 131E-240 - Payment to temporary manager.

§ 131E-240. Payment to temporary manager.
(a) A person served with notice of an order of the court appointing a temporary manager and of the temporary manager's name and address shall be liable to pay the temporary manager for any goods or services provided by the temporary manager after the date of the order if the person would have been liable for the goods or services supplied by the respondent or an agent of the respondent. The temporary manager shall give a receipt for each payment and shall keep a copy of each receipt on file. The temporary manager shall deposit amounts received in a special account and shall use this account for all disbursements.
(b) The temporary manager may bring an action to enforce the liability created by subsection (a) of this section. Proof of payment to the temporary manager is as effective in favor of the person making the payment as payment of the amount to the person who, but for this subsection, would have been entitled to receive the sum paid.
(c) A resident may not be discharged, nor may any contract or rights be forfeited or impaired, nor may forfeiture or liability be increased, by reason of an omission to pay a respondent, licensee, or other person a sum paid to the temporary manager. (1993, c. 390, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 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, rate of interest, or other compensation to be paid under the contract or agreement is unreasonable in light of conditions existing at the time the agreement was entered into by the parties or in light of the relationship of the parties.
(b) If the temporary manager is in possession of real estate or goods subject to a lease, mortgage, security interest, or other contract that the temporary manager is permitted to avoid under subsection (a) of this section, and if the real estate or goods are necessary for the continued operation of the long-term care facility, the temporary manager may apply to the court to set a reasonable rental price, rate of interest, or other compensation to be paid by the temporary manager during the duration of the temporary management. The court shall hold a hearing on the application within 15 days after receipt of the application. At least 10 days prior to the hearing, the temporary manager shall send notice of the application to any known person with any beneficial interest in the property involved.
(c) Payment by the temporary manager of the amount determined by the court to be reasonable is a defense to any action against the temporary manager for payment or for possession of the goods or real estate subject to the lease, mortgage, security interest, or other contract involved by any person who received such notice, but the payment does not relieve the obligee of liability for the difference between the amount paid by the temporary manager and the amount due under the original lease, mortgage, or security interest involved. (1993, c. 390, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 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 manager to operate the facility and compensate the temporary manager.
(c) When the total funds available in the contingency fund exceed five hundred thousand dollars ($500,000), the Department may reallocate any or all of the amount in excess of five hundred thousand dollars ($500,000) for other activities intended to protect the health and property of residents. (1993, c. 390, s. 1; 1995, c. 535, s. 27; 1998-215, s. 78(d); 1999-334, s. 1.13.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 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 care facility.
(c) The court shall order the termination of the temporary management upon the recommendation of the Department or upon a showing that the conditions leading to imposition of the temporary management have been resolved.
(d) When a long-term care facility is returned to its owner, the court may impose conditions to assure compliance with applicable laws and regulations. (1993, c. 390, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 131E-245 - Obligations of licensee.

§ 131E-245. Obligations of licensee.
Nothing in this Article shall relieve any respondent, licensee, or administrator of a long-term care facility placed in temporary management of any civil or criminal liability, or any duty imposed by law, by reason of acts or omissions of the respondent, licensee, or administrator prior to the appointment of the temporary manager. Nothing in this Article shall suspend during the temporary management any obligation of the respondent, licensee, or administrator for payment of taxes, other operating and maintenance expenses of the long-term care facility, nor the respondent, licensee, or administrator or any other person for the payment of mortgages or liens. No owner, licensee, or administrator shall be held personally liable for acts or omissions of the temporary manager or the temporary manager's employees during the term of the temporary management. No licensee or administrator may be held responsible or liable for licensure fines, sanctions or penalties, or other administrative sanctions, arising or imposed as a result of acts or omissions occurring during the period of temporary management unless those sanctions result from acts or omissions by the licensee or administrator. (1993, c. 390, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 13 - Temporary Management of Long-Term Care Facilities. › § 131E-246 - Conflict of laws.

§ 131E-246. Conflict of laws.
In the event of a conflict between federal laws or regulations and State law or rules, the federal laws or regulations shall control. (1993, c. 390, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 14 - Disposal of Surplus Property to Aid Other Countries. › § 131E-250 - Disposition of surplus property by public and State hospitals.

§ 131E-250. Disposition of surplus property by public and State hospitals.
(a) As used in this section, "public hospital" has the same meaning as in G.S. 159-39. A State hospital is any hospital operated by the State.
(b) A public hospital or a State hospital may donate medical equipment it determines is no longer needed by the hospital to any of the following if the property so donated is to be used by a hospital or medical facility in another country:
(1) A corporation that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986.
(2) The United States or any agency of it.
(3) The government of a foreign country or any political subdivision of that country.
(4) The United Nations or an agency of it.
(5) Other eleemosynary institutions and groups. (1993, c. 529, s. 7.6; 1995, c. 509, s. 73.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 15 - Health Care Personnel Registry. › § 131E-256.1 - Adverse action on a license; appeal procedures.

§ 131E-256.1. Adverse action on a license; appeal procedures.
(a) The Department may suspend, cancel, or amend a license when a facility subject to this Article has substantially failed to comply with this Article or rules adopted under this Article.
(b) Administrative action taken by the Department under this section shall be in accordance with Chapter 150B of the General Statutes. (2000-55, s. 2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 15A - Public Hospital Personnel Act. › § 131E-257 - Title; purpose; applicability of other laws; "public hospital" defined.

§ 131E-257. Title; purpose; applicability of other laws; "public hospital" defined.
(a) This Article shall be known and may be cited as the "Public Hospital Personnel Act".
(b) The purpose of this Article is to protect the privacy of the personnel records of public hospital employees and to authorize public hospitals to determine employee compensation and personnel policies and to establish employee benefit plans.
(c) Unless otherwise provided, none of the provisions of Part 4, Article 5, Chapter 153A and Part 4, Article 7, Chapter 160A shall apply to public hospitals.
(d) If any provision of this Article is inconsistent with any provision of any other law, the provision of this Article shall be controlling.
(e) As used in this Article, unless the context clearly indicates otherwise, the term "public hospital" has the same meaning as in G.S. 159-39. (1997-517, s. 2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 15A - Public Hospital Personnel Act. › § 131E-257.1 - Compensation; personnel policies; employee benefits plans.

§ 131E-257.1. Compensation; personnel policies; employee benefits plans.
(a) A public hospital shall determine the pay, expense allowances, and other compensation of its officers and employees, and may establish position classification and pay plans and incentive compensation plans.
(b) A public hospital may:
(1) Adopt personnel policies and procedures regarding, without limitation, vacations, personal leave, service award programs, other personnel policies and procedures, and any other measures that enhance the ability of a public hospital to hire and retain employees.
(2) Determine the work hours, workdays, and holidays applicable to its employees.
(3) Establish and pay all or part of the cost of benefit plans for its employees and former employees, including without limitation, life, health and disability plans, pension, profit sharing, deferred compensation and other retirement plans, and other fringe benefit plans.
(4) Pay severance payments and provide other employee severance benefits to its employees and former employees pursuant to a severance plan established in connection with a reduction in the size of the workforce of a public hospital or, with respect to an individual employee, pursuant to an employment agreement entered into prior to the date the employee receives notice of termination of employment.
(c) The provisions of G.S. 159-30 and G.S. 159-31 are not applicable to public hospitals with respect to the investment of escrowed or trusteed retirement and deferred compensation funds. Public hospitals may invest such escrowed and trusteed funds in property or securities in which trustees, guardians, personal representatives, and others acting in a fiduciary capacity may legally invest funds under their control. (1997-517, s. 2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 16 - Miscellaneous Provisions. › § 131E-266 - Compliance history provider file.

§ 131E-266. Compliance history provider file.
The Department of Health and Human Services shall establish and maintain a provider file to record and monitor compliance histories of facilities, owners, operators, and affiliates of nursing homes and adult care homes. (1999-334, s. 3.8.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 16 - Miscellaneous Provisions. › § 131E-269 - Authorization to charge fee for certification of facilities suitable to perform abortions.

§ 131E-269. Authorization to charge fee for certification of facilities suitable to perform abortions.
The Department of Health and Human Services shall charge each hospital or clinic certified by the Department as a facility suitable for the performance of abortions, as authorized under G.S. 90-21.81C, a nonrefundable annual certification fee in the amount of seven hundred dollars ($700.00). (2003-284, s. 34.7(a); 2005-276, s. 41.2(g); 2023-65, s. 14.1(i).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 16 - Miscellaneous Provisions. › § 131E-270 - Medication Aide Registry.

§ 131E-270. Medication Aide Registry.
(a) The Department shall establish and maintain a Medication Aide Registry containing the names of all health care personnel in North Carolina who have successfully completed a medication aide training program that has been approved by the North Carolina Board of Nursing, passed a State-administered medication aide competency exam, and met any other requirements set by the Medical Care Commission.
(b) Before allowing an individual to serve as a medication aide, an employer shall access the Medication Aide Registry to verify that the individual is listed on the Registry and shall note each incidence of access in the appropriate business file. Employers may not use an individual as a medication aide unless the individual is listed on the Medication Aide Registry.
(c) Employers shall access the Health Care Personnel Registry prior to employing a medication aide. Any substantiated action as defined in G.S. 131E-256(a)(1) listed against the medication aide shall disqualify the medication aide from employment in any facility or agency covered by Part 1 of Article 6 of this Chapter. (2005-276, s. 10.40C(c); 2007-444, s. 4(b).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 16 - Miscellaneous Provisions. › § 131E-272 - Initial licensure fees for new facilities.

§ 131E-272. Initial licensure fees for new facilities.
The following fees are initial licensure fees for new facilities and are applicable as follows:
Number Initial Initial
Facility Type of Beds License Fee Bed Fee
Adult Care Licensure More than 6 $400.00 $19.00
6 or Fewer $350.00 $ -
Acute and Home Care
General Acute Hospitals 1-49 $550.00 $19.00
50-99 $750.00 $19.00
100-199 $950.00 $19.00
200-399 $1150.00 $19.00
400-699 $1550.00 $19.00
700+ $1950.00 $19.00
Other Hospitals $1050.00 $19.00
Home Care - $560.00 $ -
Ambulatory Surgical Ctrs. - $900.00 $85.00
Hospice (Free Standing) - $450.00 $ -
Abortion Clinics - $850.00 $ -
Cardiac Rehab. Centers - $425.00 $ -
Nursing Home & L&C
Nursing Homes $470.00 $19.00
All Others $ - $19.00
Mental Health Facilities
Nonresidential $265.00 $ -
Non ICF/IID 6 or fewer $350.00 $ -
ICF/IID only 6 or fewer $900.00 $ -
Non ICF/IID More than 6 $525.00 $19.00
ICF/IID only More than 6 $850.00 $19.00. (2009-451, s. 10.77; 2021-88, s. 9(j); 2023-14, s. 2.3.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 16 - Miscellaneous Provisions. › § 131E-273 - Certain charges/payments prohibited.

§ 131E-273. Certain charges/payments prohibited.
It shall be unlawful for any provider of health care services to charge or accept payment for any health care procedure or component of any health care procedure that was not performed or supplied. If a procedure requires the informed consent of a patient, the charge for any component of the procedure performed prior to consent being given shall not exceed the actual cost to the provider if the patient elects not to consent to the procedure. (2013-382, s. 11.1; 2013-393, s. 1.)
2023 North Carolina General Statutes › Chapter 131F - Solicitation of Contributions › Article 1 - General Provisions. › § 131F-1 - Purpose.

§ 131F-1. Purpose.
The General Assembly recognizes the right of persons or organizations to conduct solicitation activities. It is the intent of the General Assembly to protect the public by requiring full disclosure by persons who solicit contributions from the public of the purposes for which the contributions are solicited and how the contributions are actually used. It is the intent of the General Assembly to prohibit deception, fraud, and misrepresentation in the solicitation and reporting of contributions. (1981, c. 886, s. 1; 1993 (Reg. Sess., 1994), c. 759, s. 2.)
2023 North Carolina General Statutes › Chapter 131F - Solicitation of Contributions › Article 2 - Charitable Organizations and Sponsors. › § 131F-7 - Consolidated application and renewal.

§ 131F-7. Consolidated application and renewal.
(a) Election to File Consolidated Application. – Each chapter, branch, member, or affiliate of a parent organization or association that is required to obtain a license under G.S. 131F-5 shall either file a separate application or shall report the required information to its parent organization or association. The parent organization or association may then file, on a form provided by the Department, a consolidated application for the parent organization or association and its chapters, branches, members, and affiliates located in this State.
(b) Consolidated Financial Information. – If all contributions received by chapters, branches, or affiliates are remitted directly into the parent organization's centralized accounting system from which all disbursements are made, the parent organization may submit one consolidated financial report as part of the application on a form provided by the Department.
(c) Renewal Information. – The parent organization or association may file the information required for a renewal of a license in a consolidated form provided by the Department. (1993 (Reg. Sess., 1994), c. 759, s. 2.)
2023 North Carolina General Statutes › Chapter 131F - Solicitation of Contributions › Article 2 - Charitable Organizations and Sponsors. › § 131F-8 - License fees.

§ 131F-8. License fees.
(a) Required Fees. – Except as provided in subsections (b) and (c) of this section, every charitable organization or sponsor shall pay the following fees with each license application:
(1) Fifty dollars ($50.00), if the contributions received for the last fiscal year were less than one hundred thousand dollars ($100,000).
(2) One hundred dollars ($100.00), if the contributions received for the last fiscal year were one hundred thousand dollars ($100,000) or more, but less than two hundred thousand dollars ($200,000).
(3) Two hundred dollars ($200.00), if the contributions received for the last fiscal year were two hundred thousand dollars ($200,000) or more.
(b) Exemption. – A licensed charitable organization or sponsor that received less than five thousand dollars ($5,000) in the last calendar or fiscal year shall not pay a fee.
(c) Parent Organization. – A parent organization or association filing on behalf of one or more chapters, branches, members, or affiliates shall pay a single license fee for itself and its other chapters, branches, members, or affiliates. These license fees shall be imposed as follows:
(1) One hundred dollars ($100.00) for a parent organization or association and one to five chapters, branches, members, or affiliates.
(2) Two hundred dollars ($200.00) for a parent organization or association and 6 to 10 chapters, branches, members, or affiliates.
(3) Two hundred fifty dollars ($250.00) for a parent organization or association and 11 to 15 chapters, branches, members, or affiliates.
(4) Four hundred dollars ($400.00) for a parent organization or association and 16 or more chapters, branches, members, or affiliates.
(d) Late Filing. – A charitable organization or sponsor which fails to file the renewal information by the due date may be assessed an additional fee for the late filing. The late filing fee shall be established by rule of the Department and shall not exceed twenty-five dollars ($25.00) for each month or part of a month after the date on which the information was due to be filed or after the period of extension granted for the filing. (1981, c. 886, s. 1; 1993 (Reg. Sess., 1994), c. 759, s. 2.)
2023 North Carolina General Statutes › Chapter 131F - Solicitation of Contributions › Article 2 - Charitable Organizations and Sponsors. › § 131F-10 - Disclosure requirements for other organizations.

§ 131F-10. Disclosure requirements for other organizations.
Any person who is not a charitable organization or sponsor and who places or maintains a collection receptacle in public view for the purpose of collecting donated clothing, household items, and other items for resale shall display on all sides of each collection receptacle a permanent sign or label with the phone number or electronic mail address of a contact for the person and the following statement: "This is not a charity. Donations made here support a for-profit business and are not tax deductible." The sign or label shall be placed on all sides of the collection receptacle with the required information printed in letters that are no less than three inches in height and no less than one-half inch in width and in a color that contrasts with the color of the collection receptacle so that the sign or label is clearly visible. Upon request, the person must provide the donor with documentation of its license issued under this Chapter. (2011-319, s. 4.)