reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3000 - SPECIALLY DESIGNATED UNITS › Section 13D .3005 - SPECIAL NURSING REQUIREMENTS FOR BRAIN INJURY LONG TERM CARE

Current through Register Vol. 39, No. 2, July 15, 2024
Direct care nursing personnel staffing ratios established
					 in Rule.2303 of this Subchapter shall not be applied to nursing services for
					 patients who require brain injury long-term care. The minimum direct care
					 nursing staff shall be 5.5 hours per patient day, allocated on a per shift
					 basis as the facility chooses, to appropriately meet the patients' needs. It is
					 also required that regardless of how low the patient census, the direct care
					 nursing staff shall not fall below a registered nurse and a nurse aide I at any
					 time during a 24-hour period.
Authority
					 G.S.
					 131E-104;
RRC objection due to
					 lack of statutory authority Eff. July 13, 1995;
Eff. January 1,
					 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3000 - SPECIALLY DESIGNATED UNITS › Section 13D .3011-.3016

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131E-104;
RRC objection due to
					 ambiguity Eff. July 13, 1995 (Rules .3011,.3012);
RRC objection due
					 to lack of statutory authority and ambiguity Eff. July 13, 1995
					 (Rule.3013);
RRC objection due to lack of statutory authority Eff.
					 July 13, 1995 (Rules.3015, .3016);
Eff. January 1,
					 1996;
Repealed Eff. January 1,
					 2013.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3000 - SPECIALLY DESIGNATED UNITS › Section 13D .3021-.3030

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131E-104;
RRC objection due to
					 lack of statutory authority Eff. July 13, 1995 (Rules.3021,.3027);
Eff. January 1, 1996;
Repealed Eff. January 1,
					 2013.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3000 - SPECIALLY DESIGNATED UNITS › Section 13D .3031 - ADDITIONAL REQUIREMENTS FOR SPINAL CORD INJURY PATIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Inpatient rehabilitation facilities providing services to
					 persons with spinal cord injuries shall meet the requirements in this Rule in
					 addition to those identified in this Section.
(1) Direct-care nursing personnel staffing
				  ratios established in Rule.3027 of this Section shall not be applied to nursing
				  services for spinal cord injury patients in the inpatient rehabilitation
				  facility or unit. The minimum nursing hours per spinal cord injury patient in
				  the unit shall be 6.0 nursing hours per patient day. At no time shall direct
				  care nursing staff be less than two full-time equivalents, one of which shall
				  be a registered nurse.
(2) The
				  inpatient rehabilitation facility or unit shall employ or provide by
				  contractual agreements physical, occupational or speech therapists in order to
				  provide a minimum of 4.0 hours of specific or combined rehabilitation therapy
				  services per spinal cord injury patient day.
(3) The facility shall provide special
				  facility or special equipment needs of patients with spinal cord injury,
				  including specially designed wheelchairs, tilt tables and standing
				  tables.
(4) The medical director of
				  an inpatient spinal cord injury program shall have either two years experience
				  in the medical care of persons with spinal cord injuries or six months minimum
				  in a spinal cord injury fellowship.
(5) The facility shall provide continuing
				  education in the care and treatment of spinal cord injury patients for all
				  staff.
(6) The facility shall
				  provide specific staff training and education in the care and treatment of
				  spinal cord injury.
(7) The size of
				  the spinal cord injury program shall be adequate to support a comprehensive,
				  dedicated ongoing spinal cord injury program.
Authority
					 G.S.
					 131E-104;
RRC objection due to
					 lack of statutory authority Eff. July 13, 1995;
Eff. January 1,
					 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3000 - SPECIALLY DESIGNATED UNITS › Section 13D .3033 - REPEALED - DEEMED STATUS FOR INPATIENT REHABILITATION FACILITIES OR UNITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131E-104;
Eff. January 1,
					 1996;
Repealed Eff. January 1,
					 2013.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3100 - DESIGN AND CONSTRUCTION › Section 13D .3102 - APPLICATION OF PHYSICAL PLANT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The physical plant requirements for each facility shall be
					 applied as follows:
(1) New
				  construction shall comply with the requirements of Sections.3100-.3400 of this
				  Subchapter.
(2) Except where
				  otherwise specified, existing buildings shall meet licensure and code
				  requirements in effect at the time of construction, alteration or
				  modification.
(3) New additions,
				  alterations, modifications and repairs shall meet the technical requirements of
				  Sections.3100-.3400 of this Subchapter; however, where strict conformance with
				  current requirements would be impractical, the Division may approve alternative
				  measures where the facility can demonstrate to the Division's satisfaction that
				  the alternative measures do not reduce the safety or operating effectiveness of
				  the facility.
(4) Rules contained
				  in Sections.3100-.3400 of this Subchapter are minimum requirements and are not
				  intended to prohibit buildings, systems or operational conditions that exceed
				  minimum requirements.
(5)
				  Equivalency: Alternate methods, procedures, design criteria and functional
				  variations from the physical plant requirements, because of extraordinary
				  circumstances, new programs or unusual conditions, may be approved by the
				  Division when the facility can effectively demonstrate to the Division's
				  satisfaction, that the intent of the physical plant requirements are met and
				  that the variation does not reduce the safety or operational effectiveness of
				  the facility.
(6) Where rules,
				  codes or standards have any conflict, the most stringent requirement shall
				  apply.
Authority
					 G.S.
					 131E-104;
Eff. January 1,
					 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3100 - DESIGN AND CONSTRUCTION › Section 13D .3103 - SITE

Current through Register Vol. 39, No. 2, July 15, 2024
The site of a proposed facility must be approved by the
					 Department prior to construction as:
(1) accessible by public roads;
(2) accessible to fire fighting
				  services;
(3) having a water
				  supply, sewage disposal system, garbage disposal system, and trash disposal
				  system approved by the local health department having jurisdiction;
(4) meeting all local ordinances and zoning
				  laws; and
(5) being free from
				  exposure to hazards and pollutants.
Authority
					 G.S.
					 131E-102;
					 131E-104;
Eff.
					 January 1, 1996;
Amended Eff. July 1, 2014;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3100 - DESIGN AND CONSTRUCTION › Section 13D .3104 - PLANS AND SPECIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  When construction or remodeling of a facility is planned, one copy of
				  construction documents and specifications shall be submitted by the owner or
				  owner's appointed representative to the Department for review and approval. As
				  a preliminary step to avoid last minute difficulty with construction documents
				  approval, schematic design drawings and design development drawings may be
				  submitted for approval prior to the required submission of construction
				  documents.
(b) Approval of
				  construction documents and specifications shall be obtained from the Department
				  prior to licensure. Approval of construction documents and specifications shall
				  expire one year after the date of approval unless a building permit for the
				  construction has been obtained prior to the expiration date of the approval of
				  construction documents and specifications.
(c) If an approval expires, renewed approval
				  shall be issued by the Department, provided revised construction documents and
				  specifications meeting the standards established in Sections.3100,.3200, and
				  .3400 of this Subchapter are submitted by the owner or owner's appointed
				  representative and reviewed by the Department.
(d) Any changes made during construction
				  shall require the approval of the Department in order to maintain compliance
				  with the standards established in Sections.3100,.3200, and.3400 of this
				  Subchapter.
(e) Completed
				  construction or remodeling shall conform to the standards established in
				  Sections.3100,.3200, and.3400 of this Subchapter. Construction documents and
				  building construction including the operation of all building systems shall be
				  approved in writing by the Department prior to licensure or patient and
				  resident occupancy.
(f) The owner
				  or owner's appointed representative shall notify the Department in writing
				  either by U.S. Mail or e-mail when actual construction or remodeling is
				  complete.
Authority
					 G.S.
					 131E-102;
					 131E-104;
Eff.
					 January 1, 1996;
Amended Eff. July 1, 2014;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3200 - FUNCTIONAL REQUIREMENTS › Section 13D .3201 - REQUIRED SPACES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A facility
				  shall meet the following requirements for bedrooms:
(1) single bedrooms shall be provided with
				  not less than 100 square feet of floor area;
(2) bedrooms with more than one bed shall be
				  provided with not less than 80 square feet of floor area per bed;
(3) bedrooms shall have windows with views to
				  the outdoors. The gross window area shall not be less than eight percent of the
				  bedroom floor area required by Subparagraphs (1) and (2) of this
				  Paragraph;
(4) each bedroom shall
				  be provided with one closet or wardrobe per bed. In nursing facilities and the
				  nursing home portion of combination facilities, the closet or wardrobe shall
				  have clothing storage space of not less than 36 cubic feet per bed with
				  one-half of this space for hanging clothes. In the adult care home portion of a
				  combination facility, the closet or wardrobe shall have clothing storage space
				  of not less than 48 cubic feet per bed with one-half of this space for hanging
				  clothes; and
(5) floor space for
				  closets, toilet rooms, vestibules, or wardrobes shall not be included in the
				  areas required by this Subparagraph.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3200 - FUNCTIONAL REQUIREMENTS › Section 13D .3202 - FURNISHINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A facility
				  shall provide handgrips at all toilet and bath facilities used by residents.
				  Handrails shall be provided on both sides of all corridors where corridors are
				  defined by walls and used by residents.
(b) A facility shall provide flame resistant
				  privacy screens or curtains in multi-bedded rooms.
Authority
					 G.S.
					 131E-102;
					 131E-104;
Eff.
					 January 1, 1996;
Amended Eff. July 1, 2014;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3300 - FIRE AND SAFETY REQUIREMENTS › Section 13D .3301-.3302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131E-102;
					 131E-104;
Eff.
					 January 1, 1996;
Repealed Eff. July 1,
					 2014.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3400 - MECHANICAL: ELECTRICAL: PLUMBING › Section 13D .3401 - HEATING AND AIR CONDITIONING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  facility shall provide heating and cooling systems complying with the
				  following:
(1) The American National
				  Standards Institute and American Society of Heating, Refrigerating, and Air
				  Conditioning Engineers Standard 170: Ventilation of Health Care Facilities,
				  which is incorporated by reference, including all subsequent amendments and
				  editions, and may be purchased for a cost of fifty-four dollars ($54.00) online
				  at
http://www.techstreet.com/ashrae/lists/ashrae_standards.tmpl
This incorporation does not apply to Section 7.1, Table 7-1
					 Design Temperature for Skilled Nursing Facility. The environmental temperature
					 control systems shall be capable of maintaining temperatures in the facility at
					 71 degrees F. minimum in the heating season and a maximum of 81 degrees F.
					 during the non-heating season; and
(2) The National Fire Protection Association
				  90A: Standard for the Installation of Air-Conditioning and Ventilating Systems,
				  which is incorporated by reference, including all subsequent amendments and
				  editions, and may be purchased at a cost of thirty-nine dollars ($39.00) from
				  the National Fire Protection Association online at
http://www.nfpa.org/catalog/
or accessed electronically free of charge at
				  http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=90A
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3400 - MECHANICAL: ELECTRICAL: PLUMBING › Section 13D .3402 - EMERGENCY ELECTRICAL SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
A facility shall provide an emergency electrical service
					 for use in the event of failure of the normal electrical service. This
					 emergency electrical service shall consist of the following:
(1) In any existing facility:
(a) type 1 or 2 emergency lights as required
				  by the North Carolina State Building Codes: Electrical Code;
(b) additional emergency lights for all
				  control points required by Rule.3201(l)(9) of this Subchapter, medication
				  preparation areas required by Rule.3201(l)(1) of this Subchapter and storage
				  areas, and for the telephone switchboard, if applicable;
(c) one or more portable battery-powered
				  lamps at each control point required by Rule.3201(l)(9) of this Subchapter;
				  and
(d) a source of emergency power
				  for life-sustaining equipment, if the facility admits or cares for occupants
				  needing such equipment, to ensure continuous operation with on-site fuel
				  storage for a minimum of 72 hours.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3400 - MECHANICAL: ELECTRICAL: PLUMBING › Section 13D .3403 - GENERAL ELECTRICAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In a facility,
				  all main water supply shut off valves in the sprinkler system shall be
				  electronically supervised so that if any valve is closed an alarm will sound at
				  a central station manned 24 hours per day, seven days per week.
(b) No two adjacent emergency lighting
				  fixtures shall be on the same circuit.
(c) Receptacles in bathrooms shall have
				  ground fault protection.
(d) Each
				  patient bed location shall be provided with a minimum of four single or two
				  duplex receptacles. Two single receptacles or one duplex receptacle shall be
				  connected to the critical branch of the emergency power system at each bed
				  location. Each patient bed location shall also be provided with a minimum of
				  two single receptacles or one duplex receptacle connected to the normal
				  electrical system.
(e) Each patient
				  bed location shall be supplied by at least two branch circuits.
(f) The fire alarm system shall be installed
				  to transmit an alarm automatically to the fire department that is legally
				  committed to serve the area in which the facility is located. The alarm shall
				  be transmitted either to a fire department or to a third-party service that
				  shall transmit the alarm to the fire department. The method used to transmit
				  the alarm shall be approved by local ordinances.
(g) In patient areas, fire alarms shall be
				  gongs or chimes rather than horns or bells.
Authority
					 G.S.
					 131E-102;
					 131E-104;
Eff.
					 January 1, 1996;
Amended Eff. July 1, 2014;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter D - RULES FOR THE LICENSING OF NURSING HOMES › Section .3400 - MECHANICAL: ELECTRICAL: PLUMBING › Section 13D .3404 - OTHER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In general patient areas of a facility,
				  each room shall be served by at least one calling station and each bed shall be
				  provided with a call button. Two call buttons serving adjacent beds may be
				  served by one calling station. Calls shall register with the floor staff and
				  shall activate a visible signal in the corridor at the patient's or resident's
				  door. On multi-corridor nursing units, additional visible signals shall be
				  installed at corridor intersections. In rooms containing two or more calling
				  stations, indicating lights shall be provided at each station. Nurses' calling
				  systems that provide two-way voice communication shall be equipped with an
				  indicating light at each calling station that lights and remains lighted as
				  long as the voice circuit is operating. A nurses' call emergency button shall
				  be provided for patients' and residents' use at each patient and resident
				  toilet, bath, and shower.
(b) A
				  facility shall provide:
(1) at least one
				  telephone located to be accessible by patients, residents, and families for
				  making local phone calls; and
(2)
				  cordless telephones or telephone jacks in patient and resident rooms to allow
				  access to a telephone by patients and residents when needed.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0100 - DEFINITIONS › Section 13E .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions apply throughout this
					 Subchapter:
(1) "Accident" means an
				  unexpected, unintentional, or irregular event that results in injury or illness
				  to a participant or suspected injury or illness to a participant.
(2) "Overnight respite services" is defined
				  in G.S.
				  131D-6.1 and shall not exceed 14 consecutive
				  days or more than 60 total calendar days per individual participant in a
				  365-day period.
(3) "Participant"
				  means the recipient of the overnight respite services.
(4) "Personal care" means tasks such as
				  assistance with bathing, dressing, grooming, toileting, eating, ambulation, and
				  transferring.
(5) "Program" means a
				  facility certified by the Department of Health and Human Services, Division of
				  Aging and Adult Services, to provide adult day care services pursuant to
				  G.S.
				  131D-6 and
				  10A NCAC
				  06R, adult day health services pursuant to
				  10A NCAC
				  06S, or both.
(6) "Responsible party" means the caretaker
				  with primary day-to-day responsibility for a participant.
(7) "Supervision" means to oversee, manage,
				  and direct for the determination and provision of assistance to a
				  participant.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0200 - LICENSING › Section 13E .0201 - APPLYING FOR A LICENSE TO PROVIDE OVERNIGHT RESPITE SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as otherwise provided in Rule.0202
				  of this Section, the Division of Health Service Regulation (DHSR) shall issue
				  an overnight respite services license to any program that meets the following
				  requirements:
(1) submission of an initial
				  license application, available at
https://info.ncdhhs.gov/dhsr/acls/acforms.html
at no cost that includes the following:
(A)
				  applicant information;
(B)
				  ownership information; and
(C) the
				  program's capacity and scope of services;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0200 - LICENSING › Section 13E .0202 - PERSONS NOT ELIGIBLE FOR OVERNIGHT RESPITE SERVICES LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
A license for an overnight respite services program shall
					 not be issued to an applicant:
(1)
				  whose license for any overnight respite services program was revoked until one
				  year after the date of revocation; or
(2) whose admissions for any overnight
				  respite services program were suspended until six months after the suspension
				  is lifted.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0200 - LICENSING › Section 13E .0203 - THE LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The license
				  shall be posted in a prominent location, accessible to public view, within the
				  overnight respite portion of the facility.
(b) The license shall be in effect for 12
				  months from the date of issuance unless revoked for cause or voluntarily or
				  involuntarily terminated.
(c) The
				  license is not transferable or assignable.
(d) The license shall be terminated when the
				  program is terminated.
Authority
					 G.S.
					 131D-2.4;
					 131D-6.1;
Eff. April
					 1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0200 - LICENSING › Section 13E .0204 - RENEWAL OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The license
				  shall be renewed annually, except as otherwise provided in Rule.0205 of this
				  Section, if the licensee submits an application for renewal and the Department
				  determines that the licensee complies with the provisions of
				  G.S.
				  131D-6.1 and the rules of this Subchapter.
				  When violations of the rules of this Subchapter are documented and have not
				  been corrected prior to expiration of the license, the Department may approve
				  an extension of a plan of correction or may revoke the license for
				  cause.
(b) In determining whether
				  to renew a license under
				  G.S.
				  131D-6.1 or extend a plan of correction, the
				  Department shall take into consideration the following factors:
(1) the compliance history of the adult day
				  care program;
(2) the compliance
				  history of overnight respite services;
(3) the extent to which the conduct of a
				  related licensed program for overnight respite services is likely to affect the
				  quality of care at the applicant service; and
(4) the hardship on residents of the
				  applicant service if the license is not renewed.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0200 - LICENSING › Section 13E .0205 - CLOSING OF OVERNIGHT RESPITE SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
If a licensee plans to close its overnight respite
					 services, the licensee shall provide written notification of the planned
					 closing to the Division of Health Service Regulation, Adult Care Licensure
					 Section at 2708 Mail Service Center, Raleigh, NC 27699-2708; the Division of
					 Aging and Adult Services at 2101 Mail Service Center, Raleigh, NC 27699-2101;
					 and the participants and their responsible parties at least 30 days prior to
					 the planned closing. Written notification shall include the date of
					 closing.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0200 - LICENSING › Section 13E .0206 - DENIAL AND REVOCATION OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division of Health Service Regulation shall deny any licensure application if
				  the applicant fails to comply with
				  G.S.
				  131D-6.1 and the rules of this
				  Subchapter.
(b) A license may be
				  revoked by the Division in accordance with
				  G.S.
				  131D-2.7 and
				  G.S.
				  131D-6.1.
(c) The Division shall notify the applicant
				  of a denial of its application or revocation of its license by certified mail
				  stating the reasons for the denial or revocation.
(d) When an overnight respite service
				  provider receives a notice of revocation, the administrator shall inform each
				  participant and the participant's responsible party of the notice and the
				  reasons for the revocation.
Authority
					 G.S.
					 131D-2.7;
					 131D-6.1;
Eff. April
					 1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0200 - LICENSING › Section 13E .0207 - SUSPENSION OF ADMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division of Health Service Regulation may suspend the admission of participants
				  to overnight respite services when warranted under the provisions of
				  G.S.
				  131D-6.1 and
				  G.S.
				  131D-2.7.
(b) The Division shall notify the overnight
				  respite service licensee by certified mail of the decision to suspend
				  admissions. Such notice shall include:
(1)
				  the period of the suspension;
(2)
				  factual allegations;
(3) citation
				  of statutes and rules alleged to be violated; and
(4) notice of the licensee's right to a
				  contested case hearing regarding the suspension.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0200 - LICENSING › Section 13E .0208 - APPEAL OF LICENSURE ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
The licensee may appeal any decision of the Division to
					 deny or revoke a license or any decision to suspend admissions of participants
					 by making such an appeal in accordance with G.S. 150B.
G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0301 - SUBMISSION OF INFORMATION TO THE DIVISION OF HEALTH SERVICE REGULATION CONSTRUCTION SECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to
				  operation, an applicant for a license to provide overnight respite services
				  shall submit the following documents to the Division of Health Service
				  Regulation (DHSR) Construction Section:
(1)
				  an approval letter from the local zoning jurisdiction for the proposed
				  location;
(2) if an existing
				  structure, a photograph of each side of the existing structure and at least one
				  of each of the interior spaces; and
(3) a set of building plans of each floor
				  level indicating:
(A) the layout of all
				  rooms;
(B) room dimensions
				  (including closets);
(C) door
				  widths (exterior, bedroom, bathroom, and kitchen doors);
(D) window sizes and window sill
				  heights;
(E) type of construction;
				  and
(F) the proposed participant
				  bedroom locations including the number of occupants in each bedroom.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0302 - CAPACITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  G.S.
				  131D-6.1(c)(8), the Division
				  of Health Service Regulation shall not approve a capacity of greater than six
				  participants for an overnight respite services program. For the purposes of
				  this Rule, "capacity" means the maximum number of participants that the
				  overnight respite services program is licensed to house at any given
				  time.
(b) An overnight respite
				  services program shall not exceed the capacity shown on its license.
(c) Prior to an increase in capacity by
				  adding rooms, altering rooms, or changing use of space, the overnight respite
				  services program shall submit a request for capacity increase and two building
				  plans of each floor to the Construction Section. One plan shall indicate the
				  current use of rooms in the existing building. The other plan shall indicate
				  the proposed use of rooms in the existing building and its addition,
				  alteration, or change in use of space. For an addition to an existing building,
				  the building plans shall also indicate how the addition will be tied into the
				  existing building and any proposed changes to the building structure.
(d) When the overnight respite services
				  program increases its capacity by the addition to or alteration of an existing
				  building, the entire overnight respite services program shall comply with the
				  North Carolina Fire Prevention Code, which is incorporated herein by reference
				  including subsequent amendments and editions. Copies of this code may be
				  purchased from the International Code Council online at
				  http://www.iccsafe.org/Store/Pages/default.aspx at a cost of eighty-five
				  dollars ($85.00) or accessed electronically free of charge at
				  http://codes.iccsafe.org/app/book/toc/2012/North_Carolina/Fire/index.html.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0303 - DESIGN AND CONSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the
				  purposes of this Rule the following definitions apply:
(1) "facility" means a building or portion of
				  a building housing an overnight respite services program as defined in
				  G.S.
				  131D-6.1(a);
(2) "proposed facility" means the new
				  construction of a building for a facility, an addition or alteration to an
				  existing building for a facility, or the change in use of a building for a
				  facility;
(3) "existing facility"
				  means a currently licensed facility and a proposed facility that will be built
				  according to building plans approved by the Construction Section for compliance
				  with the standards established in this Section, prior to the effective date of
				  this Rule; and
(4) "new facility"
				  means a proposed facility that will be built according to building plans
				  approved by the Construction Section for compliance with the standards
				  established in this Section, on or after the effective date of this
				  Rule.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0304 - LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A program
				  offering overnight respite care services shall be in a location approved by
				  local zoning boards.
(b) The site
				  of a proposed facility where overnight respite care services are to be provided
				  shall:
(1) be accessible by public roads that
				  shall be maintained for motor vehicles access;
(2) be accessible to fire fighting and other
				  emergency services;
(3) have a
				  water supply, sewage disposal system, garbage disposal system, and trash
				  disposal system approved by the local health department having
				  jurisdiction;
(4) comply with local
				  ordinances; and
(5) be free from
				  exposure to waste material that contaminates the air, soil, or water.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0305 - LIVING ROOM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each overnight
				  respite care program shall have a living area with not less than 40 square feet
				  of floor area per participant.
(b)
				  The living area for the overnight respite care program required by Paragraph
				  (a) of this Rule may be combined with the adult day care program or adult day
				  health program activities and craft areas only after the Division of Aging and
				  Adult Services of the Department of Health and Human Services determines, in
				  writing, that the requirements of
				  10A NCAC
				  06R.0401(d) for an adult day
				  care program and
				  10A NCAC
				  06S.0301 for an adult day health program are
				  met.
(c) The living room shall have
				  windows with views to the outdoors. The gross window area shall not be less
				  than eight percent of the floor area required by Paragraph (a) of this
				  Rule.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0306 - DINING ROOM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each overnight
				  respite services program shall have a dining area with not less than 20 square
				  feet of floor area per participant. The dining area may be used for other
				  activities during the day.
(b) The
				  dining area for the overnight respite care program required by Paragraph (a) of
				  this Rule may be combined with the adult day care program or adult day health
				  program activities and craft areas only after the Division of Aging and Adult
				  Services of the Department of Health and Human Services determines, in writing,
				  that the requirements of
				  10A NCAC
				  06R.0401(d) for an adult day
				  care program and
				  10A NCAC
				  06S.0301 for an adult day health program are
				  met.
(c) When the dining area is
				  used in combination with a kitchen, an area five feet wide shall be allowed as
				  work space between the kitchen and dining areas. The work space shall not be
				  used as the dining area.
(d) The
				  dining room shall have windows with views to the outdoors. The gross window
				  area shall not be less than eight percent of the floor area required by
				  Paragraph (a) of this Rule.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0307 - KITCHEN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The kitchen
				  shall have a floor area of not less than 120 square feet. The kitchen may be
				  shared with the adult day care or adult day health program.
(b) The cooking unit shall be mechanically
				  ventilated to the exterior or be equipped with an unvented recirculation fan
				  provided with a filter as required by the manufacturer's instructions for
				  vent-less use.
(c) The kitchen
				  floor shall have a non-slippery and water-resistant covering.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0308 - BEDROOMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) There shall be
				  bedrooms sufficient in number and size to meet the individual needs of the
				  participant according to their age and gender.
(b) A room used as a bedroom shall meet the
				  requirements of this Rule and be approved by the Construction
				  Section.
(c) A room accessed only
				  through a bathroom, kitchen, or another bedroom shall not be approved for a
				  participant's bedroom.
(d) Bedrooms
				  occupied by one participant shall be provided with not less than 100 square
				  feet of floor area, including vestibule, closet, or wardrobe space. Bedrooms
				  occupied by two participants shall be provided with not less than 160 square
				  feet of floor area, including vestibule, closet, or wardrobe space,
(e) The total number of participants assigned
				  to a bedroom shall be based on the square footage requirements of Paragraph (d)
				  of this Rule as approved by the Construction Section for that
				  bedroom.
(f) A bedroom shall not be
				  occupied by more than two participants.
(g) Each participant bedroom shall have one
				  or more windows with views to the outdoors. The gross window area shall be
				  equal to at least eight percent of the floor space required by Paragraph (d) of
				  this Rule. The windows shall have a maximum sill height of 44 inches.
(h) Bedroom closets or wardrobes shall be
				  large enough to provide each participant with a minimum of 22 cubic feet of
				  clothing storage, one-half of which shall be for hanging clothes with an
				  adjustable-height hanging bar.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0309 - BATHROOM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An overnight
				  respite services program shall have one bathroom for each six or fewer respite
				  participants. A bathroom shall contain a toilet, a lavatory, and one of the
				  following:
(1) a roll-in shower designed and
				  equipped for unobstructed shower chair entry and use;
(2) a bathtub accessible on three sides;
				  or
(3) a manufactured walk-in
				  bathtub or a similar manufactured bathtub designed for transfer of participants
				  into the bathtub that is accessible on one short side and one long side of the
				  bathtub.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0310 - STORAGE AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Storage areas
				  shall be provided for the separate storage of clean linens, soiled linens, food
				  and food service supplies, and household supplies and equipment.
(b) Cleaning agents, bleaches, pesticides,
				  and other substances that may be hazardous if ingested, inhaled, or handled
				  shall be stored in locked areas separate from other materials.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0311 - CORRIDOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Corridors shall
				  be lighted as required by Rule.0317(e)(3) of this Section.
(b) Corridors shall be free of equipment and
				  other obstructions.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0312 - OUTSIDE ENTRANCE AND EXITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  overnight respite services program shall have at least two exit doors on all
				  floor levels. If there are only two exit doors, the exit doors shall be located
				  and constructed to minimize the possibility that both may be blocked by a fire
				  or other emergency condition.
(b)
				  One exterior door shall have a minimum width of three feet. Another exterior
				  door shall have a minimum width of two feet and eight inches. For the purposes
				  of this Rule, an "exterior door" means a door used by a participant to enter
				  and exit the building to and from the outdoors.
(c) At least one principal exterior door for
				  the participants' use shall be at grade level or accessible by a ramp with a
				  one inch rise for each 12 inches of ramp length. For the purposes of this Rule,
				  a "principal exterior door" means a door that is used by participants to access
				  the vehicular pick-up and drop-off area. If the overnight respite services
				  program serves any participant who must have physical assistance with
				  evacuation, the building shall have two exterior doors at grade level or
				  accessible by a ramp.
(d) All exit
				  door locks shall be easily operable, by a single hand motion, from the inside
				  at all times without keys. Deadbolts or turn buttons on the inside of exit
				  doors shall be disabled.
(e) Exit
				  doors shall be free of all obstructions or impediments to allow for full
				  instant use in case of fire or other emergency.
(f) Steps, porches, stoops, and ramps shall
				  be provided with handrails or guardrails.
(g) In each overnight respite services
				  program with at least one participant who is determined by a physician or
				  appropriate licensed health professional or is otherwise known to be
				  disoriented or who wanders, each exit door for participant-use shall be
				  equipped with a sounding device that is activated when the door is opened. The
				  sound shall be of sufficient volume that it can be heard by staff. If a central
				  system of remote sounding devices is provided, the control panel for the system
				  shall be located in the office area or in a location accessible only to staff
				  authorized by the administrator to operate the control panel.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0313 - LAUNDRY ROOM

Current through Register Vol. 39, No. 2, July 15, 2024
If the facility uses laundry equipment, the equipment shall
					 not be located in the living, dining, or bedroom areas.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0314 - FLOORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All floors shall be of smooth, non-skid
				  material and shall be cleanable.
(b) Scatter or throw rugs shall not be
				  used.
(c) All floors shall be kept
				  free of damage.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0315 - HOUSEKEEPING AND FURNISHINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  overnight respite services program shall:
(1)
				  have walls, ceilings, and floors or floor coverings kept clean, well
				  maintained, and free of damage;
(2)
				  have no lingering odors;
(3) have
				  furniture clean and free of damage;
(4) have a North Carolina Environmental
				  Health Services Section approved sanitation classification at all
				  times;
(5) be maintained in an
				  uncluttered, clean, and orderly condition, free of all obstructions and
				  hazards;
(6) have a supply of bath
				  soap, clean towels, washcloths, sheets, pillow cases, blankets, and additional
				  coverings adequate for participant use on hand at all times;
(7) make available the following items as
				  needed but shall not charge the participant's personal funds for the cost of
				  these items:
(A) protective sheets and clean,
				  absorbent, soft, and smooth pads;
(B) bedpans, urinals, hot water bottles, and
				  ice bags; and
(C) bedside commodes,
				  walkers, and wheelchairs;
(8) have a television and radio, each in good
				  working order;
(9) have curtains,
				  draperies, shades, or blinds at all windows in participant-use areas to provide
				  for participant privacy;
(10) have
				  recreational equipment, supplies for games, books, magazines, and a current
				  newspaper available for participants;
(11) have a clock that has numbers at least
				  11/2 inches tall in an area commonly used by the participants; and
(12) have at least one working telephone that
				  does not depend on electricity or cellular service to operate.