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2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 5 - Hospital Licensure Act. › § 131E-98 - Inmate medical records.

§ 131E-98. Inmate medical records.
Notwithstanding any other provision of law, a hospital does not breach patient confidentiality by providing the Division of Prisons of the Department of Adult Correction with the medical records of inmates who receive medical treatment at the hospital while in the custody of the Division. A hospital complying with a request from the Division of Prisons of the Department of Adult Correction or its agent for a copy of the medical records of an inmate who received medical services while in custody shall be immune from liability in any civil action for the release of the inmate's medical record. (1993, c. 321, s. 178(b); 2011-145, s. 19.1(h); 2017-186, s. 2(wwwww); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 5 - Hospital Licensure Act. › § 131E-99 - Confidentiality of health care contracts.

§ 131E-99. Confidentiality of health care contracts.
Except for the information a hospital or an ambulatory surgical facility is required to report under G.S. 131E-214.12, the financial terms and other competitive health care information directly related to the financial terms in a health care services contract between a hospital or a medical school and a managed care organization, insurance company, employer, or other payer is confidential and not a public record under Chapter 132 of the General Statutes. Nothing in this section shall prevent an elected public body which has responsibility for the hospital or medical school from having access to this confidential information in a closed session. The disclosure to a public body does not affect the confidentiality of the information. Members of the public body shall have a duty not to further disclose the confidential information. (1995 (Reg. Sess., 1996), c. 713, s. 2; 1997-123, ss. 1, 2; 2013-382, s. 10.5.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-100 - Title; purpose.

§ 131E-100. Title; purpose.
(a) This Part shall be known as the "Nursing Home Licensure Act."
(b) The purpose of the Nursing Home Licensure Act is to establish authority and duty for the Department to inspect and license private nursing homes. (1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-102 - Licensure requirements.

§ 131E-102. Licensure requirements.
(a) No person shall operate a nursing home without a license obtained from the Department. Any person may operate a nursing home or a combination home, as defined in this Part, in the same building or in two or more buildings adjoining or next to each other on the same site. Both a nursing home and a combination home must be licensed by the Department under this Part.
(b) Applications shall be available from the Department, and each application filed with the Department shall contain all necessary and reasonable information that the Department may by rule require. A license shall be granted to the applicant upon a determination by the Department that the applicant has complied with the provisions of this Part and the rules promulgated under this Part. The Department shall charge the applicant a nonrefundable annual license fee in the amount of four hundred twenty dollars ($420.00) plus a nonrefundable annual per-bed fee of seventeen dollars and fifty cents ($17.50).
(c) A license to operate a nursing home shall be annually renewed upon the filing and the Department's approval of the renewal application. A license shall not be renewed if outstanding fees and penalties imposed by the State against the home have not been paid. Fines and penalties for which an appeal is pending are exempt from consideration. The renewal application shall be available from the Department and shall contain all necessary and reasonable information that the Department may by rule require.
(d) Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable except with the written approval of the Department.
(e) In order for a nursing home to maintain its license it shall not intentionally impede the proper performance of the duties of a lawfully appointed community advisory committee as set forth in G.S. 131E-128(h). (1961, c. 51, s. 3; 1963, c. 859; 1983, c. 775, s. 1; 1993, c. 530, s. 1; 2003-284, s. 34.3(a); 2005-276, s. 41.2(c); 2009-451, s. 10.76(g).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-103 - Adverse action on a license.

§ 131E-103. Adverse action on a license.
(a) Subject to subsection (b), the Department shall have the authority to deny a new or renewal application for a license, and to amend, recall, suspend or revoke an existing license upon a determination that there has been a substantial failure to comply with the provisions of this Part or the rules promulgated under this Part.
(b) The provisions of Chapter 150B of the General Statutes, the Administrative Procedure Act, shall govern all administrative action and judicial review in cases where the Department has taken the action described in subsection (a). A petition for a contested case shall be filed within 20 days after the Department mails the licensee a notice of its decision to deny a renewal application, or to recall, suspend, or revoke an existing license. (1961, c. 51, s. 3; 1983, c. 775, s. 1; 1987, c. 827, s. 1; 1991, c. 143, s. 2, c. 761, s. 24.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-104 - Rules and enforcement.

§ 131E-104. Rules and enforcement.
(a) The Commission is authorized to adopt, amend, and repeal all rules necessary for the implementation of this Part.
(b) The Commission shall adopt rules for the operation of the adult care portion of a combination home. The rules shall provide that for each requirement applicable to freestanding adult care homes or freestanding nursing homes, the combination home may choose to operate the adult care portion of the home in compliance with either the requirement applicable to freestanding adult care homes or the higher standard applicable to freestanding nursing homes.
(c) The Department shall enforce the rules adopted or amended by the Commission with respect to nursing homes. (1961, c. 51, s. 3; 1973, c. 476, s. 128; 1981, c. 614, s. 1; 1983, c. 775, s. 1; 1995, c. 535, s. 22; 2000-154, s. 6.1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-106 - Evaluation of residents in adult care homes.

§ 131E-106. Evaluation of residents in adult care homes.
The Department shall prescribe the method of evaluation of residents in the adult care portion of a combination home in order to determine when any of these residents is in need of professional medical and nursing care as provided in licensed nursing homes. (1963, c. 859; 1981, c. 833; 1983, c. 775, s. 1; 1995, c. 535, s. 24.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-107 - Quality assurance, medical, or peer review committees.

§ 131E-107. 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. 131E-108.
(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 a nursing 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. (1983, c. 775, s. 1; 2004-149, s. 2.2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-108 - Peer review.

§ 131E-108. Peer review.
It is not a violation of G.S. 131E-117(5) 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; and
c. Develop a basic core of knowledge and standards useful in establishing a means of measuring quality of care; and
(3) The peer review committee keeps such records confidential. (1979, c. 707; 1983, c. 775, s. 1; 1997-456, s. 27.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-109 - Penalties.

§ 131E-109. Penalties.
(a) Any person establishing, conducting, managing, or operating any nursing home without a license is guilty of a Class 3 misdemeanor, and upon conviction is only liable for a fine of not more than five hundred dollars ($500.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. Each day of a continuing violation after conviction is a separate offense.
(b) Any person acting under the authority of the Department that gives advance notice to an operator of a nursing home of the date or time that the nursing home is to be inspected is guilty of a Class 3 misdemeanor. The inspection of a nursing home for initial licensure is exempt from the prohibition of prior notice. All subsequent inspections shall comply with this subsection.
(c) The Secretary or a designee of the Secretary may suspend the admission of any new patients or residents at any nursing home or domiciliary home where the conditions of the nursing home or domiciliary home are detrimental to the health or safety of the patient or resident. This suspension remains in effect until the Secretary is satisfied that conditions or circumstances merit the removal of the suspension. This subsection is in addition to the authority to suspend or revoke the license of the home. Any facility wishing to contest a suspension of admissions is entitled to an administrative hearing as provided in the Administrative Procedure Act, Chapter 150B of the General Statutes. The petition for a contested case shall be filed in the Office of Administrative Hearings within 20 days after the Department mails a written notice of suspension of admissions to the facility.
(d) Except as otherwise provided in this Part, any person that violates any provision of this Part, willfully fails to perform any act required by this Part, or willfully performs any act prohibited by this Part is guilty of a Class 1 misdemeanor.
(e) The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1977, c. 656, ss. 1, 2; 1981, c. 667, ss. 1, 2; 1983, c. 775, s. 1; 1991, c. 143, s. 3; c. 761, s. 25; 1993, c. 539, s. 960; 1994, Ex. Sess., c. 24, s. 14(c); 1998-215, s. 78(c); 2021-84, s. 11.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-110 - Injunction.

§131E-110. Injunction.
(a) Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name of the State for injunction or other process against any person to restrain or prevent the establishment, conduct, management or operation of a nursing home without a license.
(b) If any person shall hinder the proper performance of duty of the Secretary or a representative in carrying out the provisions of this Part, the Secretary may institute an action in the superior court of the county in which the hindrance occurred for injunctive relief against the continued hindrance, irrespective of all other remedies at law.
(c) Actions under this section shall be in accordance with Article 37 of Chapter 1 of the General Statutes and Rule 65 of the Rules of Civil Procedure. (1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › §§ 131E-111: Recodified as § 131E-255 by Session Laws 1995 (Reg. Sess., 1996), c. 713, s. 3(a), as amended by Session Laws 1995 (Reg. Sess., 1996), c. 713, s. 3(b).

§ 131E-111: Recodified as § 131E-255 by Session Laws 1995 (Reg. Sess., 1996), c. 713, s. 3(a), as amended by Session Laws 1995 (Reg. Sess., 1996), c. 713, s. 3(b).
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-112 - Waiver of rules and increase in bed capacity during an emergency.

§ 131E-112. Waiver of rules and increase in bed capacity during an emergency.
(a) The Division of Health Service Regulation may temporarily waive, during disasters or emergencies declared in accordance with Article 1A of Chapter 166A of the General Statutes, any rules of the Commission pertaining to facilities or home care agencies to the extent necessary to allow the facility or home care agency to provide temporary shelter and temporary services requested by the emergency management agency. The Division may identify, in advance of a declared disaster or emergency, rules that may be waived, and the extent the rules may be waived, upon a disaster or emergency being declared in accordance with Article 1A of Chapter 166A of the General Statutes. The Division may also waive rules under this subsection during a declared disaster or emergency upon the request of an emergency management agency and may rescind the waiver if, after investigation, the Division determines the waiver poses an unreasonable risk to the health, safety, or welfare of any of the persons occupying the facility. The emergency management agency requesting temporary shelter or temporary services shall notify the Division within 72 hours of the time the preapproved waivers are deemed by the emergency management agency to apply.
(a1) In the event of a declaration of a state of emergency by the Governor in accordance with Article 1A of Chapter 166A of the General Statutes, a declaration of a national emergency by the President of the United States, a declaration of a public health emergency by the Secretary of the United States Department of Health and Human Services; or to the extent necessary to allow for consistency with any temporary waiver or modification issued by the Secretary of the United States Department of Health and Human Services or the Centers for Medicare and Medicaid Services under section 1135 or 1812(f) of the Social Security Act; or when the Division of Health Service Regulation determines the existence of an emergency that poses a risk to the health or safety of patients or residents, the Division of Health Service Regulation may do either or both of the following:
(1) Temporarily waive any rules of the Commission pertaining to facilities or home care agencies.
(2) Allow a facility or nursing home to temporarily increase its bed capacity.
(b) As used in this section, "emergency management agency" is as defined in G.S. 166A-19.3. (1999-307, s. 1; 2007-182, s. 1; 2012-12, s. 2(u); 2022-74, s. 9E.2(d).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-112.5 - Secretary to establish visitation protocols during declared disasters and emergencies.

§ 131E-112.5. Secretary to establish visitation protocols during declared disasters and emergencies.
(a) As used in this section and G.S. 131E-112.6, the following terms have the following meanings:
(1) Disaster declaration. – As defined in G.S. 166A-19.3(3).
(2) Emergency. – As defined in G.S. 166A-19.3(6).
(3) Facility. – A nursing home or combination home licensed under this Part.
(4) Normal visitation policy. – The visitation policy that was in effect at a facility on January 1, 2020.
(b) The Secretary shall, in consultation with licensed operators of nursing homes and combination homes, and any other stakeholders the Secretary deems relevant, establish visitation protocols for residents of these facilities that will become effective during a disaster declaration or emergency that results in the suspension or curtailment of a facility's normal visitation policy for any reason. The visitation protocols shall provide for at least the following:
(1) Each resident shall have the right to designate one preapproved visitor and one preapproved alternate visitor. The preapproved visitor, or if the preapproved visitor is unavailable, the preapproved alternate visitor, shall be allowed to visit the resident at least twice per month during any period of time during which the facility's normal visitation policy is suspended or curtailed for any reason during the declared disaster or emergency.
(2) Prior to admission, each facility shall explain and provide to each resident written notification of the visitation protocols established by the Secretary under this section.
(3) Visitation under these protocols shall be subject to Centers for Medicare and Medicaid Services directives and to the guidelines, conditions, and limitations established by the facility as part of its normal visitation policy. (2021-145, s. 2(a).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-112.6 - Patient visitation rights for nursing home residents and combination home residents during a disaster declaration or emergency.

§ 131E-112.6. Patient visitation rights for nursing home residents and combination home residents during a disaster declaration or emergency.
Notwithstanding any provision of this Part, Chapter 166A of the General Statutes, or any other provision of law to the contrary, the visitation protocols established by the Secretary under G.S. 131E-112.5 shall be in effect during any period of time when (i) there is a declared disaster or emergency and (ii) a nursing home or combination home licensed under this Part suspends or restricts the normal visitation policy for any reason. (2021-145, s. 2(a).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-113 - Immunization of employees and residents.

§ 131E-113. Immunization of employees and residents.
(a) Except as provided in subsection (e) of this section, a nursing home licensed under this Part shall require residents and employees to be immunized against influenza virus and shall require residents to also be immunized against pneumococcal disease.
(b) Upon admission, a nursing home shall notify the resident of the immunization requirements of this section and shall request that the resident agree to be immunized against influenza virus and pneumococcal disease.
(b1) A nursing home shall notify every employee of the immunization requirements of this section and shall request that the employee agree to be immunized against influenza virus.
(c) A nursing home shall document the annual immunization against influenza virus and the immunization against pneumococcal disease for each resident and each employee, as required under this section. Upon finding that a resident is lacking one or both of these immunizations or that an employee has not been immunized against influenza virus, or if the nursing home is unable to verify that the individual has received the required immunization, the nursing home shall provide or arrange for immunization. The immunization and documentation required shall occur not later than November 30 of each year.
(d) For an individual who becomes a resident of or who is newly employed by the nursing home after November 30 but before March 30 of the following year, the nursing home shall determine the individual's status for the immunizations required under this section, and if found to be deficient, the nursing home shall provide the immunization.
(e) No individual shall be required to receive vaccine under this section if the vaccine is medically contraindicated, or if the vaccine is against the individual's religious beliefs, or if the individual refuses the vaccine after being fully informed of the health risks of not being immunized.
(f) Notwithstanding any other provision of law to the contrary, the Commission for Public Health shall have the authority to adopt rules to implement the immunization requirements of this section.
(g) As used in this section, "employee" means an individual who is a part-time or full-time employee of the nursing home. (2000-112, ss. 3, 4; 2007-182, s. 1.3.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-114 - Special care units; disclosure of information required.

§ 131E-114. Special care units; disclosure of information required.
(a) A nursing home or combination home licensed under this Part that provides special care for persons with Alzheimer's disease or other dementias in a special care unit shall make the following disclosures pertaining to the special care provided that distinguishes the special care unit as being especially designed for residents with Alzheimer's disease or other dementias. The disclosure shall be made annually, in writing, to all of the following:
(1) The Department, as part of its licensing procedures.
(2) Each person seeking placement within a special care unit, or the person's authorized representative, prior to entering into an agreement with the person to provide special care.
(b) Information that must be disclosed in writing shall include, but is not limited to, all of the following:
(1) A statement of the overall philosophy and mission of the licensed facility and how it reflects the special needs of residents with dementia.
(2) The process and criteria for placement, transfer, or discharge to or from the special care unit.
(3) The process used for assessment and establishment of the plan of care and its implementation, as required under State and federal law.
(4) Typical staffing patterns and how the patterns reflect the resident's need for increased care and supervision.
(5) Dementia-specific staff training.
(6) Physical environment features designed specifically for the special care unit.
(7) Alzheimer's disease and other dementia-specific programming.
(8) Opportunities for family involvement.
(9) Additional costs or fees to the resident for special care.
(c) As part of its license renewal procedures and inspections, the Department shall examine for accuracy the written disclosures made by each licensed facility subject to this section.
(d) Nothing in this section shall be construed as prohibiting a nursing home or combination home that does not offer a special care unit from admitting a person with Alzheimer's disease or other dementias. The disclosures required by this section apply only to a nursing home or combination home that advertises, markets, or otherwise promotes itself as providing a special care unit for persons with Alzheimer's disease or other dementias.
(e) As used in this section, the term "special care unit" means a wing or hallway within a nursing home, or a program provided by a nursing home, that is designated especially for residents with Alzheimer's disease or other dementias, or other special needs disease or condition, as determined by the Medical Care Commission, which may include mental disabilities. (2000-154, s. 6.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-114.1 - Posting of information indicating number of staff on duty.

§ 131E-114.1. Posting of information indicating number of staff on duty.
Every nursing home subject to licensure under this Part shall post in a conspicuous place in the nursing home information about required staffing that enables residents and their families to readily ascertain each day the number of direct care staff and supervisors that are required by law to be on duty for that day. (2001-85, s. 2; 2001-487, s. 85(b).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-114.2 - Use of medication aides to perform technical aspects of medication administration.

§ 131E-114.2. Use of medication aides to perform technical aspects of medication administration.
(a) Facilities licensed and medication administration services provided under this Part may utilize medication aides to perform the technical aspects of medication administration consistent with G.S. 90-171.20(7) and (8), and G.S. 90-171.43.
(1) A medication aide who is employed in a facility licensed under Article 5 and Article 6, Part 1 of this Chapter shall be listed as a Nurse Aide I on the Nurse Aide I Registry in addition to being listed on the Medication Aide Registry.
(2) Medication administration as used in Article 5 and Article 6, Part 1 of this Chapter shall not include intravenous or injectable medication services.
(b) The Commission shall adopt rules to implement this section. Rules adopted by the Commission shall include:
(1) Training and competency evaluation of medication aides as provided for under this section.
(2) Requirements for listing under the Medication Aide Registry as provided for under G.S. 131E-270.
(3) Requirements for supervision of medication aides by licensed health professionals or appropriately qualified supervisory personnel consistent with this Part. (2005-276, s. 10.40C(a); 2007-444, s. 4(a).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-114.3 - Smoking prohibited inside long-term care facilities; penalty.

§ 131E-114.3. Smoking prohibited inside long-term care facilities; penalty.
(a) Except to the extent otherwise provided by federal law, smoking is prohibited inside long-term care facilities. As used in this section:
(1) "Long-term care facilities" include adult care homes, nursing homes, skilled nursing facilities, facilities licensed under Chapter 122C of the General Statutes, and other licensed facilities that provide long-term care services.
(2) "Smoking" means the use or possession of any lighted cigar, cigarette, pipe, or other lighted smoking product.
(3) "Inside" means a fully enclosed area.
(b) The person who owns, manages, operates, or otherwise controls a long-term care facility where smoking is prohibited under this section shall:
(1) Conspicuously post signs clearly stating that smoking is prohibited inside the facility. The signs may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.
(2) Direct any person who is smoking inside the facility to extinguish the lighted smoking product.
(3) Provide written notice to individuals upon admittance that smoking is prohibited inside the facility and obtain the signature of the individual or the individual's representative acknowledging receipt of the notice.
(c) The Department may impose an administrative penalty not to exceed two hundred dollars ($200.00) for each violation on any person who owns, manages, operates, or otherwise controls the long-term care facility and fails to comply with subsection (b) of this section. A violation of this section constitutes a civil offense only and is not a crime. (2007-459, s. 2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-115 - Legislative intent.

§ 131E-115. Legislative intent.
It is the intent of the General Assembly to promote the interests and well-being of the patients in nursing homes and adult care homes licensed pursuant to G.S. 131E-102, and patients in a nursing home operated by a hospital which is licensed under Article 5 of Chapter 131E of the General Statutes. It is the intent of the General Assembly that every patient'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 patient in the fullest possible exercise of these rights. (1977, c. 897, s. 1; 1983, c. 143, s. 2; c. 775, s. 1; 1995, c. 509, s. 72; c. 535, s. 25.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-116 - Definitions.

§ 131E-116. Definitions.
As used in this Part, unless otherwise specified:
(1) "Administrator" means an administrator of a facility.
(1a) "Commission" means the North Carolina Medical Care Commission.
(2) "Facility" means a nursing home and a home for the aged or disabled licensed pursuant to G.S. 131E-102, and also means a nursing home operated by a hospital which is licensed under Article 5 of G.S. Chapter 131E.
(3) "Patient" means a person who has been admitted to a facility.
(4) "Representative payee" means a person certified by the federal government to receive and disburse benefits for a recipient of governmental assistance. (1977, c. 897, s. 1; 1983, c. 143, s. 1, c. 775, s. 1; 1993, c. 499, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-118 - Transfer of management responsibilities.

§ 131E-118. Transfer of management responsibilities.
The patient's representative who has been given the power in writing by the patient to manage the patient's financial affairs or the patient's legal guardian as appointed by a court or the patient's attorney-in-fact as specified in the power of attorney agreement may sign any documents required by the provisions of this Part, may perform any other act, and may receive or furnish any information required by this Part. (1977, c. 897, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-119 - No waiver of rights.

§ 131E-119. No waiver of rights.
No facility may require a patient to waive the rights specified in this Part. (1977, c. 897, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-120 - Notice to patient.

§ 131E-120. Notice to patient.
(a) A copy of G.S. 131E-115 through G.S. 131E-127 shall be posted conspicuously in a public place in all facilities. Copies of G.S. 131E-115 through G.S. 131E-127 shall be furnished to the patient upon admittance to the facility, to all patients currently residing in the facility, to the sponsoring agency, to a representative payee of the patient, or to any person designated in G.S. 131E-118, and to the patient's next of kin, if requested. Receipts for the statement signed by these persons shall be retained in the facility's files.
(b) The address and telephone number of the section in the Department responsible for the enforcement of the provisions of this Part shall be posted and distributed with copies of the Part. The address and telephone number of the county social services department shall also be posted and distributed. (1977, c. 897, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-121 - Responsibility of administrator.

§ 131E-121. Responsibility of administrator.
Responsibility for implementing the provisions of this Part shall rest on the administrator of the facility. (1977, c. 897, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-122 - Staff training.

§ 131E-122. Staff training.
Each facility shall provide appropriate staff training to implement each patient's rights included in this Part. (1977, c. 897, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-123 - Civil action.

§ 131E-123. Civil action.
Every patient shall have the right to institute a civil action for injunctive relief to enforce the provisions of this Part. The Department, a general guardian, or any person appointed as guardian ad litem pursuant to law, may institute an action pursuant to this section on behalf of the patient or patients. Any agency or person named above may enforce the rights of the patient specified in this Part which the patient is unable to personally enforce. (1977, c. 897, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-124 - Enforcement and investigation; confidentiality.

§ 131E-124. Enforcement and investigation; confidentiality.
(a) The Department shall be responsible for the enforcement of the provisions of this Part. The Department shall investigate complaints made to it and reply within a reasonable time, not to exceed 60 days, upon receipt of a complaint.
(a1) When the Department receives a complaint alleging a violation of the provisions of this Part pertaining to patient care or patient safety, the Department 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 30 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) The Department is authorized to inspect patients' medical records maintained at the facility when necessary to investigate any alleged violation of this Part.
(c) The Department shall maintain the confidentiality of all persons who register complaints with the Department and of all medical records inspected by the Department. A person who has filed a complaint shall have access to information about a complaint investigation involving a specific resident if written authorization is obtained from the resident, legal representative, or responsible party. The designation of the responsible party shall be maintained by the nursing facility in the resident's medical record.
(d) Pursuant to 42 U.S.C. § 1395 and G.S. 131E-127, a nursing home as defined in G.S. 131E-101(6), is not in violation of any applicable statute, rule, or regulation for any action taken pursuant to a physician's order when the physician has determined that the action is medically necessary. (1977, c. 897, s. 1; 1983, c. 775, s. 1; 1999-113, s. 3; 1999-334, s. 1.9.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-125 - Revocation of a license.

§ 131E-125. Revocation of a license.
(a) The Department shall have the authority to revoke a license issued pursuant to G.S. 131E-102 in any case where it finds that there has been a substantial failure to comply with the provisions of this Part or any failure that endangers the health, safety or welfare of patients.
A revocation shall be effected by mailing to the licensee by registered 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, files a petition for a contested case, in which case the notice shall be deemed to be suspended. At any time at or prior to the hearing, the Department may rescind the notice of revocation upon being satisfied that the reasons for the revocation have been or will be removed.
(b) In the case of a nursing home operated by a hospital which is licensed under Article 5 of G.S. Chapter 131E, when the Department of Health and Human Services finds that there has been a substantial failure to comply with the provisions of this Part, it may issue an order preventing the continued operation of the home.
Such order shall be effected by mailing to the hospital by registered or certified mail, or by personal service of, a notice setting forth the particular reasons for such action. Such order shall become effective 20 days after the mailing of the notice, unless the hospital, within such 20-day period, files a petition for a contested case, in which case the order shall be deemed to be suspended. At any time at or prior to the hearing, the Department of Health and Human Services may rescind the order upon being satisfied that the reasons for the order have been or will be removed. (1977, c. 897, s. 1; 1983, c. 143, s. 3; c. 775, s. 1; 1987, c. 827, s. 251; 1997-443, s. 11A.118(a).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-127 - No interference with practice of medicine or physician-patient relationship.

§ 131E-127. No interference with practice of medicine or physician-patient relationship.
Nothing in this Part shall be construed to interfere with the practice of medicine or the physician-patient relationship. (1977, c. 897, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-128.2 - Nursing home quality assurance committee; duties related to medication error prevention.

§ 131E-128.2. Nursing home quality assurance committee; duties related to medication error prevention.
Every nursing home administrator shall ensure that the nursing home quality assurance committee develops and implements appropriate measures to minimize the risk of actual and potential medication-related errors, including the measures listed in this section. The design and implementation of the measures shall be based upon recommendations of the medication management advisory committee and shall:
(1) Increase awareness and education of the patient and family members about all medications that the patient is using, both prescription and over-the-counter, including dietary supplements.
(2) Increase prescription legibility.
(3) Minimize confusion in prescription drug labeling and packaging, including unit dose packaging.
(4) Develop a confidential and nonpunitive process for internal reporting of actual and potential medication-related errors.
(5) To the extent practicable, implement proven medication safety practices, including the use of automated drug ordering and dispensing systems.
(6) Educate facility staff engaged in medication administration activities on similar-sounding drug names.
(7) Implement a system to accurately identify recipients before any drug is administered.
(8) Implement policies and procedures designed to improve accuracy in medication administration and in documentation by properly authorized individuals, in accordance with prescribed orders and stop order policies.
(9) Implement policies and procedures for patient self-administration of medication.
(10) Investigate and analyze the frequency and root causes of general categories and specific types of actual or potential medication-related errors.
(11) Develop recommendations for plans of action to correct identified deficiencies in the facility's pharmaceutical management practices. (2003-393, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-128.3 - Staff orientation on medication error prevention.

§ 131E-128.3. Staff orientation on medication error prevention.
The nursing home administrator shall ensure that the nursing home provide a minimum of one hour of education and training in the prevention of actual or potential medication-related errors. This training shall be provided upon orientation and annually thereafter to all nonphysician personnel involved in direct patient care. The content of the training shall include at least the following:
(1) General information relevant to the administration of medications including terminology, procedures, routes of medication administration, potential side effects, and adverse reactions.
(2) Additional instruction on categories of medication pertaining to the specific needs of the patient receiving the medication.
(3) The facility's policy and procedures regarding its medication administration system.
(4) How to assist patients with safe and accurate self-administration of medication, where appropriate.
(5) Identifying and reporting actual and potential medication-related errors. (2003-393, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-130 - First available bed priority for certain nursing home patients.

§ 131E-130. First available bed priority for certain nursing home patients.
(a) If a patient is temporarily absent, for no more than 15 days, from a nursing home to obtain medical treatment at a hospital other than a State mental hospital, the nursing home; (i) shall provide the patient with the first bed available at or after the time the nursing home receives written notification of the specific date of discharge from the hospital; and (ii) shall grant the patient priority of admission over applicants for admission to the nursing home.
The duration of the temporary absence shall be calculated from the day of the patient's admission to a hospital until the date the nursing home receives written notice of the specific date of discharge.
This subsection shall not apply in instances in which the patient's treatment can no longer be provided by the nursing home upon re-admission.
(b) If the Department finds that a nursing home has violated the provisions of subsection (a) of this section, the Department may assess a civil penalty of fifty dollars ($50.00) a day, up to a maximum of one thousand five hundred dollars ($1,500), against the nursing home, for each violation.
The clear proceeds of penalties provided for in this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(c) The provisions of Chapter 150B of the General Statutes that govern contested cases apply to appeals from Department action pursuant to this section. (1987 (Reg. Sess., 1988), c. 1080, s. 1; 1998-215, s. 79.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-131 - Rule-making authority; enforcement.

§ 131E-131. Rule-making authority; enforcement.
The Commission shall adopt rules necessary for the implementation of this Part.
The Department shall enforce the rules adopted by the Commission to implement this Part. (1993, c. 499, s. 2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-135 - Title; purpose.

§ 131E-135. Title; purpose.
(a) This Part shall be known as "Home Care Agency Licensure Act."
(b) The purpose of this Part is to establish licensing requirements for home care agencies. (1983, c. 775, s. 1; 1991, c. 59, s. 1; c. 761, s. 34.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-137 - Services to be provided in all counties.

§ 131E-137. Services to be provided in all counties.
(a) Every county shall provide part-time, intermittent home care nursing services, and at least one of the following home care services: part-time, intermittent physical therapy, occupational therapy, speech therapy, medical social work, or home health aide services.
(b) Repealed by Session Laws 1991, c. 59, s. 1.
(c) These services shall be provided by a home care agency licensed under this Part. The county may provide these services by contract with another home care agency in another county.
(d) Repealed by Session Laws 1985, c. 8, s. 1. (1977, 2nd Sess., c. 1184; 1979, c. 754, s. 1; 1983, c. 775, s. 1; 1985, c. 8; 1991, c. 59, s. 1, c. 761, s. 34.)