reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1300 - SPECIAL CARE UNITS FOR ALZHEIMER AND RELATED DISORDERS › Section 13F .1302 - SPECIAL CARE UNIT DISCLOSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Only
				  those facilities with units that meet the requirements of this Section may
				  advertise, market or otherwise promotethemselves as providing special care
				  units for persons with Alzheimer's Disease or related disorders.
(b) The facility shall disclose information
				  about the special care unit according to
				  G.S.
				  131D-8 and which addresses policies and
				  procedures listed in Rule.1305 of this Section.
Authority
					 G.S.
					 131D-2.16;
					 131D-4.5;
					 131D-4.6;
					 131D-8;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1300 - SPECIAL CARE UNITS FOR ALZHEIMER AND RELATED DISORDERS › Section 13F .1303 - LICENSURE OF FACILITIES WITH SPECIAL CARE UNITS

Current through Register Vol. 39, No. 2, July 15, 2024
A facility that advertises, markets or otherwise promotes
					 itself as having a special care unit for residents with Alzheimer's Disease or
					 related disorders and meets the requirements of this Section for special care
					 units and the rules set forth in this Subchapter shall be licensed as an adult
					 care home with a special care unit. The license shall indicate that a special
					 care unit for residents with Alzheimer's Disease or related disorders is
					 provided.
Authority
					 G.S.
					 131D-2.16;
					 131D-4.5;
					 131D-4.6;
					 131D-8;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1300 - SPECIAL CARE UNITS FOR ALZHEIMER AND RELATED DISORDERS › Section 13F .1304 - SPECIAL CARE UNIT BUILDING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to meeting all applicable building codes and
					 licensure regulations for adult care homes, the special care unit shall meet
					 the following building requirements:
(1) Plans for new or renovated construction
				  or conversion of existing building areas shall be submitted to the Construction
				  Section of the Division of Health Service Regulation for review and
				  approval.
(2) If the special care
				  unit is a portion of a facility, it shall be separated from the rest of the
				  building by closed doors.
(3) Unit
				  exit doors may be locked only if the locking devices meet the requirements
				  outlined in the N.C. State Building Code for special locking devices.
(4) Where exit doors are not locked, a system
				  of security monitoring shall be provided.
(5) The unit shall be located so that other
				  residents, staff and visitors do not have to routinely pass through the unit to
				  reach other areas of the building.
(6) At a minimum the following service and
				  storage areas shall be provided within the special care unit: staff work area,
				  nourishment station for the preparation and provision of snacks, lockable space
				  for medication storage, and storage area for the residents' records.
(7) Living and dining space shall be provided
				  within the unit at a total rate of 30 square feet per resident and may be used
				  as an activity area.
(8) Direct
				  access from the facility to a secured outside area shall be provided.
(9) A toilet and hand lavatory shall be
				  provided within the unit for every five residents.
(10) A tub and shower for bathing of
				  residents shall be provided within the unit.
(11) Use of potentially distracting
				  mechanical noises such as loud ice machines, window air conditioners, intercoms
				  and alarm systems shall be minimized or avoided.
Authority
					 G.S.
					 131D-2.16;
					 131D-4.5;
					 131D-4.6;
					 131D-8;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1,
					 2000.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1300 - SPECIAL CARE UNITS FOR ALZHEIMER AND RELATED DISORDERS › Section 13F .1305 - SPECIAL CARE UNIT POLICIES AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The facility shall assure that special care unit policies
					 and procedures are established, implemented by staff and available for review
					 within the facility. In addition to all applicable policies and procedures for
					 adult care homes, there shall be policies and procedures that address the
					 following:
(1) the philosophy of the
				  special care unit which includes a statement of mission and objectives
				  regarding the specific population to be served by the unit which shall address,
				  but not be limited to, the following:
(a)
				  safe, secure, familiar and consistent environment that promotes mobility and
				  minimal use of physical restraints or psychotropic medications;
(b) a structured but flexible lifestyle
				  through a well developed program of care which includes activities appropriate
				  for each resident's abilities;
(c)
				  individualized care plans that stress the maintenance of residents' abilities
				  and promote the highest possible level of physical and mental functioning;
				  and
(d) methods of behavior
				  management which preserve dignity through design of the physical environment,
				  physical exercise, social activity, appropriate medication administration,
				  proper nutrition and health maintenance;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1300 - SPECIAL CARE UNITS FOR ALZHEIMER AND RELATED DISORDERS › Section 13F .1306 - ADMISSION TO THE SPECIAL CARE UNIT

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to meeting all requirements specified in the
					 rules of this Subchapter for the admission of residents to the home, the
					 facility shall assure that the following requirements are met for admission to
					 the special care unit:
(1) A physician
				  shall specify a diagnosis on the resident's FL-2 that meets the conditions of
				  the specific group of residents to be served.
(2) There shall be a documented pre-admission
				  screening by the facility to evaluate the appropriateness of an individual's
				  placement in the special care unit.
(3) Family members seeking admission of a
				  resident to a special care unit shall be provided disclosure information
				  required in
				  G.S.
				  131D-8 and any additional written information
				  addressing policies and procedures listed in Rule.1305 of this Subchapter that
				  is not included in
				  G.S.
				  131D-8. This disclosure shall be documented
				  in the resident's record.
Authority
					 G.S.
					 131D-2.16;
					 131D-4.5;
					 131D-4.6;
					 131D-8;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1300 - SPECIAL CARE UNITS FOR ALZHEIMER AND RELATED DISORDERS › Section 13F .1307 - SPECIAL CARE UNIT RESIDENT PROFILE AND CARE PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the requirements in Rules .0801 and .0802 of
					 this Subchapter, the facility shall:
(1) Within 30 days of admission to the
				  special care unit and quarterly thereafter, develop a written resident profile
				  containing assessment data that describes the resident's behavioral patterns,
				  self-help abilities, level of daily living skills, special management needs,
				  physical abilities and disabilities, and degree of cognitive
				  impairment.
(2) Develop or revise
				  the resident's care plan required in Rule .0802 of this Subchapter based on the
				  resident profile and specify programming that involves environmental, social
				  and health care strategies to help the resident attain or maintain the maximum
				  level of functioning possible and compensate for lost abilities.
Authority
					 G.S.
					 131D-2.16;
					 131D-4.5;
					 131D-4.6;
					 131D-8;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1,
					 2000.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1300 - SPECIAL CARE UNITS FOR ALZHEIMER AND RELATED DISORDERS › Section 13F .1308 - SPECIAL CARE UNIT STAFFING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Staff
				  shall be present in the unit at all times in sufficient number to meet the
				  needs of the residents; but at no time shall there be less than one staff
				  person, who meets the orientation and training requirements in Rule.1309 of
				  this Section, for up to eight residents on first and second shifts and 1 hour
				  of staff time for each additional resident; and one staff person for up to 10
				  residents on third shift and.8 hours of staff time for each additional
				  resident.
(b) There shall be a care
				  coordinator on duty in the unit at least eight hours a day, five days a week.
				  The care coordinator may be counted in the staffing required in Paragraph (a)
				  of this Rule for units of 15 or fewer residents.
(c) In units of 16 or more residents and any
				  units that are freestanding facilities, there shall be a care coordinator as
				  required in Paragraph (b) of this Rule in addition to the staff required in
				  Paragraph (a) of this Rule.
Authority
					 G.S.
					 131D-2.16;
					 131D-4.5;
					 131D-4.6;
					 131D-8;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1300 - SPECIAL CARE UNITS FOR ALZHEIMER AND RELATED DISORDERS › Section 13F .1309 - SPECIAL CARE UNIT STAFF ORIENTATION AND TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
The facility shall assure that special care unit staff
					 receive at least the following orientation and training:
(1) Prior to establishing a special care
				  unit, the administrator shall document receipt of at least 20 hours of training
				  specific to the population to be served for each special care unit to be
				  operated. The administrator shall have in place a plan to train other staff
				  assigned to the unit that identifies content, texts, sources, evaluations and
				  schedules regarding training achievement.
(2) Within the first week of employment, each
				  employee assigned to perform duties in the special care unit shall complete six
				  hours of orientation on the nature and needs of the residents.
(3) Within six months of employment, staff
				  responsible for personal care and supervision within the unit shall complete 20
				  hours of training specific to the population being served in addition to the
				  training and competency requirements in Rule.0501 of this Subchapter and the
				  six hours of orientation required by this Rule.
(4) Staff responsible for personal care and
				  supervision within the unit shall complete at least 12 hours of continuing
				  education annually, of which six hours shall be dementia specific.
Authority
					 G.S.
					 131D-2.16;
					 131D-4.5;
					 131D-4.6;
					 131D-8;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1300 - SPECIAL CARE UNITS FOR ALZHEIMER AND RELATED DISORDERS › Section 13F .1310 - OTHER APPLICABLE RULES FOR SPECIAL CARE UNITS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to specific rules pertaining to special care
					 units for residents in this Section, such units shall also meet all other
					 applicable requirements governing the operation of adult care homes as set
					 forth in this Subchapter.
Authority
					 G.S.
					 131D-2.16;
					 131D-4.5;
					 131D-4.6;
					 131D-8;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1400 - SPECIAL CARE UNITS FOR MENTAL HEALTH DISORDERS › Section 13F .1401-.1411 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2.16;
					 131D-4.5;
					 131D-4.6;
					 131D-8;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Expired Eff. April 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1500 - USE OF PHYSICAL RESTRAINTS AND ALTERNATIVES › Section 13F .1501 - USE OF PHYSICAL RESTRAINTS AND ALTERNATIVES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  adult care home shall assure that a physical restraint, any physical or
				  mechanical device attached to or adjacent to the resident's body that the
				  resident cannot remove easily and which restricts freedom of movement or normal
				  access to one's body, shall be:
(1) used only
				  in those circumstances in which the resident has medical symptoms that warrant
				  the use of restraints and not for discipline or convenience purposes;
(2) used only with a written order from a
				  physician except in emergencies, according to Paragraph (e) of this
				  Rule;
(3) the least restrictive
				  restraint that would provide safety;
(4) used only after alternatives that would
				  provide safety to the resident and prevent a potential decline in the
				  resident's functioning have been tried and documented in the resident's
				  record.
(5) used only after an
				  assessment and care planning process has been completed, except in emergencies,
				  according to Paragraph (d) of this Rule;
(6) applied correctly according to the
				  manufacturer's instructions and the physician's order; and
(7) used in conjunction with alternatives in
				  an effort to reduce restraint use.
Note: Bed rails are restraints when used to keep a resident
					 from voluntarily getting out of bed as opposed to enhancing mobility of the
					 resident while in bed. Examples of restraint alternatives are: providing
					 restorative care to enhance abilities to stand safely and walk, providing a
					 device that monitors attempts to rise from chair or bed, placing the bed lower
					 to the floor, providing frequent staff monitoring with periodic assistance in
					 toileting and ambulation and offering fluids, providing activities, controlling
					 pain, providing an environment with minimal noise and confusion, and providing
					 supportive devices such as wedge cushions.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1600 - RATED CERTIFICATES › Section 13F .1601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section applies to all licensed
				  adult care homes for seven or more residents that have been in operation for
				  more than one year.
(b) As used in
				  this Section a "rated certificate" means a certificate issued to an adult care
				  home on or after January 1, 2009 and based on the factors contained in
				  G.S.
				  131D-10.
Authority
					 G.S.
					 131D-4.5;
					 131D-10;
Eff. July
					 3, 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1600 - RATED CERTIFICATES › Section 13F .1602 - ISSUANCE OF RATED CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A rated
				  certificate shall be issued to a facility by the Division of Health Service
				  Regulation within 45 days completion of a new rating calculation pursuant to
				  Rule.1604 of this Subchapter.
(b)
				  If the ownership of the facility changes, the rated certificate in effect at
				  the time of the change of ownership shall remain in effect until the next
				  annual survey or until a new certificate is issued pursuant to Rule.1604(b) of
				  this Subchapter.
(c) The
				  certificate and any worksheet the Division used to calculate the rated
				  certificate shall be displayed in a location visible to the public.
(d) The facility may contest the rated
				  certificate by requesting a contested case hearing pursuant to G.S. 150B. The
				  rated certificate and any subsequent certificates remain in effect during any
				  contested case hearing process.
Authority
					 G.S.
					 131D-4.5;
					 131D-10;
Eff. July
					 3, 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1600 - RATED CERTIFICATES › Section 13F .1603 - STATUTORY AND RULE REQUIREMENTS AFFECTING RATED CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
The following Statutes and Rules comprise the standards
					 that contribute to rated certificates:
(1)
										G.S.
				  131D-21 Resident's Rights;
(2)
										10A NCAC
				  13F.0300 Physical Plant
				  Requirements;
(3)
										10A NCAC
				  13F .0700 Admission and Discharge
				  Requirements;
(4)
										10A NCAC
				  13F.0800 Resident Assessment and Care
				  Plan;
(5)
										10A NCAC
				  13F .0900 Resident Care and
				  Services;
(6)
										10A NCAC
				  13F.1000 Medication Management;
(7)
										10A NCAC
				  13F.1300 Special Care Units for Alzheimer's
				  and Related Disorders;
(8)
										10A NCAC
				  13F.1400 Special Care Units for Mental Health
				  Disorders; and
(9)
										10A NCAC
				  13F.1500 Use of Physical Restraints and
				  Alternatives.
Authority
					 G.S.
					 131D-4.5;
					 131D-10;
Eff. July
					 3, 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1600 - RATED CERTIFICATES › Section 13F .1604 - RATING CALCULATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Ratings shall
				  be based on:
(1) Inspections completed
				  pursuant to
				  G.S.
				  131D-2(b)(1a)a;
(2) Statutory and Rule requirements listed in
				  Rule.1603 of this Section;
(3) Type
				  A or uncorrected Type B penalty violations identified pursuant to
				  G.S.
				  131D-34; and
(4) Other items listed in Subparagraphs
				  (c)(1) and (c)(2) of this Rule.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1600 - RATED CERTIFICATES › Section 13F .1605 - CONTENTS OF RATED CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  certificate shall contain a rating determined pursuant to Rule.1604 of this
				  Subchapter.
(b) The certificate or
				  accompanying worksheet from which the score is derived shall contain a
				  breakdown of the point merits and demerits by the factors listed in Rules.1603
				  and.1604(c) of this Subchapter in a manner that the public can determine how
				  the rating was assigned and the factors that contributed to the
				  rating.
(c) The certificate shall
				  be printed on the same type of paper that is used to print the facility's
				  license.
(d) The Division of Health
				  Service Regulation shall issue the certificate pursuant to Rule.1602 of this
				  Subchapter.
Authority
					 G.S.
					 131D-4.5;
					 131D-10;
Eff. July
					 3, 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1700 - ADMINISTRATOR CERTIFICATION AND RENEWAL › Section 13F .1701 - CERTIFICATION OF ADMINISTRATOR

Current through Register Vol. 39, No. 2, July 15, 2024
The administrator of an adult care home licensed on or
					 after January 1, 2000, shall be certified by the Department under the
					 provisions of G.S. 90, Article 20A.
Authority
					 G.S.
					 90-288.12;
					 131D-2.16;
					 131D-2.18;
					 131D-4.3;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Amended Eff. June 1, 2004;
Transferred and Recodified from
					 10A NCAC
					 13F.0401 Eff. February 29, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1700 - ADMINISTRATOR CERTIFICATION AND RENEWAL › Section 13F .1703 - RENEWAL OF ADMINISTRATOR CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall renew an administrator's certification at the end of the year
				  following the year of initial certification if the administrator submits
				  documentation of completed coursework related to long term care management or
				  the care of aged and disabled persons dated and issued by the course provider
				  after certification. The required number of hours of coursework shall be
				  prorated by the Department based on 30 hours of required continuing education
				  biennially and the number of months from the date of the administrator's
				  initial certification until December 31 of the next year following
				  issuance.
(b) The Department shall
				  continue to renew an administrator's certification biennially, pursuant to
				  G.S.
				  90-288.15, based on an expiration date of
				  December 31. For each renewal following initial renewal the administrator shall
				  submit documentation totaling 30 hours of completed coursework related to long
				  term care management or the care of aged and disabled persons dated and issued
				  by the course provider within the current two-year certification period and a
				  renewal fee of thirty dollars ($30.00) pursuant to
				  G.S.
				  90-288.15.
(c) For the purposes of this Rule, examples
				  of coursework related to long term care management or the care of aged and
				  disabled persons include financial management, human resource management,
				  medication administration, dementia care, diabetic care, managing aggressive
				  behaviors, and infection control.
Authority
					 G.S.
					 90-288.15;
					 90-288.15A;
					 131D-2.16;
					 131D-4.3;
					 143B-165;
Eff. April
					 1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1800 - INFECTION PREVENTION AND CONTROL › Section 13F .1801 - INFECTION PREVENTION AND CONTROL POLICIES AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In accordance with Rule.1211(a)(4) of
				  this Subchapter and
				  G.S.
				  131D-4.4A(b)(1), the
				  facility shall establish and implement infection prevention and control
				  policies and procedures consistent with the federal Centers for Disease Control
				  and Prevention (CDC) published guidelines on infection prevention and control.
				  The Department shall approve a set of policies and procedures for infection
				  prevention and control consistent with the federal CDC published guidelines on
				  infection prevention and control that shall be made available on the Division
				  of Health Service Regulation, Adult Care Licensure Section website at
https://info.ncdhhs.gov/dhsr/acls/acforms.html
at no cost. The facility shall either:
(1)
				  utilize the set of policies and procedures for infection prevention and control
				  approved by the Department;
(2)
				  develop policies and procedures for infection prevention and control that are
				  consistent with the set of Department approved policies and procedures;
				  or
(3) develop policies and
				  procedures for infection prevention and control that are based on nationally
				  recognized standards in infection prevention and control that are consistent
				  with the federal CDC published guidelines on infection prevention and
				  control.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .1800 - INFECTION PREVENTION AND CONTROL › Section 13F .1802 - REPORTING AND NOTIFICATION OF A SUSPECTED OR CONFIRMED COMMUNICABLE DISEASE OUTBREAK

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The facility
				  shall report suspected or confirmed communicable diseases and conditions within
				  the time period and in the manner determined by the Commission for Public
				  Health as specified in
				  10A NCAC
				  41A.0101 and
				  10A NCAC
				  41A.0102(a)(1) through
				  (a)(3), which are hereby incorporated by
				  reference, including subsequent amendments.
(b) The facility shall provide the residents
				  and their representative(s) and staff with an initial notice within 24 hours
				  following confirmation by the local health department of a communicable disease
				  outbreak. The facility, in its initial notification to residents and their
				  representative(s), shall:
(1) not disclose
				  any personally identifiable information of the residents or staff;
(2) provide information on the measures the
				  facility is taking to prevent or reduce the risk of transmission, including
				  whether normal operations of the facility will change; and
(3) provide information to the resident(s)
				  concerning measures they can take to reduce the risk of spread or transmission
				  of infection.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0100 - DEFINITIONS › Section 13G .0101 - REPEALED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
Eff.
					 January 1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff. April 1, 1987; April 1, 1984; June 26, 1980;
Repealed
					 Eff. July 1, 2005.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0201 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply throughout this
					 Section:
(1) "Person" means an
				  individual; a trust or estate; a partnership; a corporation; or any grouping of
				  individuals, each of whom owns five percent or more of a partnership or
				  corporation, who collectively own a majority interest of either a partnership
				  or a corporation.
(2) "Owner" means
				  any person who has or had legal or equitable title to or a majority interest in
				  an adult care home.
(3) "Affiliate"
				  means any person that directly or indirectly controls or did control an adult
				  care home or any person who is controlled by a person who controls or did
				  control an adult care home. In addition, two or more adult care homes who are
				  under common control are affiliates.
(4) "Principal" means any person who is or
				  was the owner or operator of an adult care home, an executive officer of a
				  corporation that does or did own or operate an adult care home, a general
				  partner of a partnership that does or did own or operate an adult care home, or
				  a sole proprietorship that does or did own or operate an adult care
				  home.
(5) "Indirect control" means
				  any situation where one person is in a position to act through another person
				  over whom the first person has control due to the legal or economic
				  relationship between the two.
Authority
					 G.S.
					 131D-2.4;
					 131D-2.16;
					 131D-4.5;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0202 - THE LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as
				  otherwise provided in
				  G.S.
				  131D-2.4, the Department of Health and Human
				  Services shall issue a family care home license to any person who submits the
				  application material according to Rule.0204 of this Section and the Department
				  determines that the applicant complies with the provisions of all State adult
				  care home licensure statutes and rules of this Subchapter. All applications for
				  a new license shall disclose the names of individuals who are co-owners,
				  partners, or shareholders holding an ownership or controlling interest of five
				  percent or more of the applicant entity.
(b) The license shall be posted in a publicly
				  viewable place in the home.
(c)
				  When a provisional license is issued according to
				  G.S.
				  131D-2.7,the administrator shall post the
				  provisional license and a copy of the notice from the Division of Health
				  Service Regulation identifying the reasons for it, in a publicly viewable place
				  in the home and in place of the full license.
(d) The license is not transferable or
				  assignable.
(e) A family care home
				  shall be licensed only as a family care home and not for any other level of
				  care or licensable entity or service.The license shall be terminated when the
				  home is licensed to provide a higher level of care or a combination of a higher
				  level of care and family care home level of care.
Authority
					 G.S.
					 131D-2.4;
					 131D-2.7;
					 131D-2.16;
					 131D-4.5;
					 143B-165;
Eff.
					 January 1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff. April 1, 1984;
Temporary Amendment Eff. January 1,
					 1998;
Amended Eff. April 1, 1999;
Temporary Amendment
					 Eff. December 1, 1999;
Amended Eff. July 1, 2000;
Temporary Amendment Eff. July 1, 2004;
Amended Eff. July 1,
					 2005;
Readopted Eff. June 1,
					 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0203 - EXPIRED - PERSONS NOT ELIGIBLE FOR NEW ADULT CARE HOME LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2.4;
					 131D-2.5;
					 131D-2.16;
					 131D-4.5;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Expired Eff. March 1, 2019 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0204 - APPLYING FOR A LICENSE TO OPERATE A HOME NOT CURRENTLY LICENSED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An application for a license to operate a
				  family care home for adults in an existing building where no alterations are
				  necessary as determined by the Construction Section of the Division of Health
				  Service Regulation or a family care home that is to be constructed, added to,
				  or renovated shall be made at the county department of social services in the
				  county where the licensed family care home will be located.
(b) The applicant shall submit the following
				  material to the county department of social services for submission to the
				  Division of Health Service Regulation within 10 business days of receipt by the
				  county department of social services:
(1) the
				  Initial Licensure Application that is available online at
https://info.ncdhhs.gov/dhsr/acls/pdf/acchgapp.pdf
at no cost and includes the following:
(A)
				  contact person, facility site and mailing addresses, and
				  administrator;
(B) operation
				  disclosure including names and contact information of licensee, management
				  company, and building owner;
(C)
				  ownership disclosure including names and contact information of owners,
				  principals, affiliates, shareholders, and members; and
(D) bedcapacity;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0205 - REPEALED - APPLICATION TO LICENSE A NEWLY CONSTRUCTED OR RENOVATED BUILDING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-165; S.L.
					 2002-0160;
Eff. January 1, 1977;
Readopted Eff. October
					 31, 1977;
Amended Eff. July 1, 1990; April 1, 1984;
Temporary Amendment Eff. September 1, 2003;
Amended Eff. June 1,
					 2004;
Repealed Eff. July 1, 2005.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0206 - CAPACITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  G.S.
				  131D-2(a)(5), family care
				  homes have a capacity of two to six residents.
(b) The total number of residents shall not
				  exceed the number shown on the license.
(c) A request for an increase in capacity by
				  adding rooms, remodeling or without any building modifications shall be made to
				  the county department of social services and submitted to the Division of
				  Health Service Regulation, accompanied by two copies of blueprints or floor
				  plans. One plan showing the existing building with the current use of rooms and
				  the second plan indicating the addition, remodeling or change in use of spaces
				  showing the use of each room. If new construction, plans shall show how the
				  addition will be tied into the existing building and all proposed changes in
				  the structure.
(d) When licensed
				  homes increase their designed capacity by the addition to or remodeling of the
				  existing physical plant, the entire home shall meet all current fire safety
				  regulations.
(e) The licensee or
				  the licensee's designee shall notify the Division of Health Service Regulation
				  if the overall evacuation capability of the residents changes from the
				  evacuation capability listed on the homes license or of the addition of any
				  non-resident that will be residing within the home. This information shall be
				  submitted through the county department of social services and forwarded to the
				  Construction Section of the Division of Health Service Regulation for review of
				  any possible changes that may be required to the building.
Authority
					 G.S.
					 131D-2.4;
					 131D-2.16;
					 143B-165;
Eff.
					 January 1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff. July 1, 2005; July 1, 1990; April 1, 1984; January 1,
					 1983.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0207 - CHANGE OF LICENSEE

Current through Register Vol. 39, No. 2, July 15, 2024
Prior to the sale of a family care home business, the
					 current and prospective licensee shall meet the requirements of this
					 Rule.
(1) The current licensee shall
				  provide written notification of a planned change of licensee to the Division of
				  Health Service Regulation, the county department of social services, and the
				  residents or their responsible persons at least 30 days prior to the date of
				  the planned change of licensee.
(2)
				  The prospective licensee shall submit the following license application
				  material to the Division of Health Service Regulation:
(a) the Change Licensure Application for
				  Family Care Home (2 to 6 Beds) that is available on the internet website,
https://info.ncdhhs.gov/dhsr/acls/pdf/fcchgapp.pdf
at no cost and includes the following:
(i)
				  facility, administrator and building owner information;
(ii) operation disclosure including new
				  licensee information and management company, if any; and
(iii) ownership disclosure including new
				  owners, principles, affiliates, shareholders, and members;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0208 - RENEWAL OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The licensee
				  shall file a license renewal application annually on a calendar year basis on
				  the forms provided by the Department at no cost with a nonrefundable annual
				  license fee according to
				  G.S.
				  131D-2.5. The renewal application includes
				  the following:
(1) contact person, facility
				  site and mailing address, and administrator;
(2) operation disclosure including names and
				  contact information of the licensee, management company, and building
				  owner;
(3) ownership disclosure
				  including names and contact information of owners, principals, affiliates,
				  shareholders, and members holding an ownership or controlling interest of five
				  percent or more of the applicant entity;
(4) bed capacity; and
(5) population and census data.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0209 - REPEALED - CONDITIONS FOR LICENSE RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2.4;
					 131D-2.16;
					 131D-4.5;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Repealed Eff. June 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0210 - REPEALED - TERMINATION OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
Eff.
					 January 1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff. July 1, 1990; April 1, 1984;
Temporary Amendment Eff.
					 January 1, 1998;
Amended Eff. April 1, 1999;
Repealed
					 Eff. July 1, 2005.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0211 - CLOSING OF HOME

Current through Register Vol. 39, No. 2, July 15, 2024
If a licensee plans to close a family care home, the
					 licensee shall provide written notification of the planned closing to the
					 Division of Health Service Regulation, the county department of social services
					 and the residents or their responsible persons at least 30 days prior to the
					 planned closing. Written notification shall include date of closing and plans
					 made for the move of the residents.
Authority
					 G.S.
					 131D-2.4;
					 131D-2.16;
					 143B-165;
Eff.
					 January 1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff. July 1, 1990; April 1, 1984;
Temporary Amendment Eff.
					 September 1, 2003;
Amended Eff. June 1, 2004;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0212 - DENIAL AND REVOCATION OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A license
				  may be denied by the Division of Health Service Regulation for failure to
				  comply with the rules of this Subchapter.
(b) Denial of a license by the Division of
				  Health Service Regulation shall be effected by mailing to the applicant
				  licensee, by registered mail, a notice setting forth the particular reasons for
				  such action.
(c) A license may be
				  revoked by the Division of Health Service Regulation in accordance with
				  G.S.
				  131D-2.7(b) and
				  G.S.
				  131D-29.
(d) When a facility receives a notice of
				  revocation, the administrator shall inform each resident and the
				  resident'sresponsible person in writing of the notice and the basis on which it
				  was issued within five calendar days of the notice of revocation being received
				  by the licensee of the facility.
Authority
					 G.S.
					 131D-2.7;
					 131D-2.16;
					 131D-4.3;
					 131D-29;
					 143B-165;
Eff.
					 January 1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff. April 1, 1984; May 1, 1981;
Temporary Amendment Eff.
					 January 1, 1998;
Amended Eff. April 1, 1999;
Readopted
					 Eff. June 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0213 - REPEALED - APPEAL OF LICENSURE ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority 131D-2.4;
					 131D-2.16; 143B-165; 150B-23;
Eff. January 1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff. July 1, 1990; April
					 1, 1984;
Repealed Eff. June 1,
					 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0214 - REPEALED - SUSPENSION OF ADMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2.7;
Eff. January 1,
					 1982;
Amended Eff. July 1, 1990;
Repealed Eff. January
					 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0215 - EXPIRED - APPEAL OF SUSPENSION OF ADMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2.7;
Eff. January 1,
					 1982;
Amended Eff. January 4, 1994;
Expired Eff. March
					 1, 2019 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0200 - LICENSING › Section 13G .0216 - REPEALED - ADMINISTRATIVE PENALTY DETERMINATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-34;
Eff. December 1,
					 1992;
Amended Eff. March 1, 1995; December 1, 1993;
Temporary Amendment Eff. December 8, 1997;
Amended Eff. April 1,
					 1999;
Repealed Eff. October 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .0300 - THE BUILDING › Section 13G .0301 - APPLICATION OF PHYSICAL PLANT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The physical plant requirements for each family care home
					 shall be applied as follows:
(1) New
				  construction and existing buildings proposed for use as a Family Care Home
				  shall comply with the requirements of this Section;
(2) Except where otherwise specified,
				  existing licensed homes or portions of existing licensed homes shall meet
				  licensure and code requirements in effect at the time of construction, change
				  in service or bed count, addition, renovation or alteration; however, in no
				  case shall the requirements for any licensed home, where no addition or
				  renovation has been made, be less than those requirements found in the 1971
				  "Minimum and Desired Standards and Regulations" for "Family Care Homes", copies
				  of which are available at the Division of Health Service Regulation, 701
				  Barbour Drive, Raleigh, North Carolina 27603 at no cost;
(3) New additions, alterations, modifications
				  and repairs shall meet the requirements of this Section;
(4) Rules contained in this Section 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 shall be approved by the Division when the home 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 home; and
(6) Where rules, codes or standards have any
				  conflict, the most stringent requirement shall apply.
Authority
					 G.S.
					 131D-2.16; 143B -165;
Eff. July
					 1, 2005.