North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .1100 - MANAGEMENT OF RESIDENT'S FUNDS AND REFUNDS › Section 13G .1106 - SETTLEMENT OF COST OF CARE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				  resident of a family care home, has been notified by the facility of its intent
				  to discharge in accordance with Rule .0705 of this Subchapter, the facility
				  shall refund the resident an amount equal to the cost of care for the remainder
				  of the month minus the amount charged for any nights spent in the facility
				  during the notice period. The refund shall be made within 14 days after the
				  resident leaves the facility. For the purposes of this Rule, "cost of care"
				  means any monies paid by the resident or the resident's legal representative in
				  advance for room and board and services provided by facility as agreed upon in
				  the resident's contract.
(b) When a
				  resident moves out of the facility without giving notice, as may be required by
				  the facility according to Rule .0705(i) of this Subchapter, or before the
				  facility's required notice period has elapsed, the facility shall charge the
				  resident no more than the amount equal to the cost of care for the required
				  notice period. If a resident receiving State-County Special Assistance moves
				  without giving notice or before the notice period has elapsed, the facility may
				  charge the resident for the required notice period. The facility shall refund
				  the resident the remainder of any advance payment following settlement of the
				  cost of care. The refund shall be made within 14 days from the date of notice
				  or, if no notice is given, within 14 days of the resident leaving the
				  facility.
(c) When there is an
				  exception to the notice as provided in Rule .0705(i) of this Subchapter to
				  protect the health or safety of the resident or others in the facility, or when
				  there is a sudden, unexpected closure of the facility that requires the
				  resident to relocate, the facility shall only charge the resident for any
				  nights spent in the facility. A refund shall be made to the resident by the
				  facility within 14 days from the date of notice.
(d) When a resident gives notice of leaving
				  the facility, as may be required by the facility according to Rule .0705(i) of
				  this Subchapter, and leaves at the end of the notice period, the facility shall
				  refund the resident the remainder of any advance payment within 14 days from
				  the date of notice. If notice is not required by the facility, the refund shall
				  be made within 14 days after the resident leaves the facility.
(e) When a resident leaves the facility and
				  the resident or his or her responsible person has notified the facility of the
				  intent of returning to it, the following apply:
(1) If the resident or their responsible
				  party reserves their bed for a set number of days, the facility shall have
				  written agreement for the payment for the days the bed is held in accordance
				  with Rule .0704(a)(1)(A) of this Subchapter.
(2) If, after leaving the facility, the
				  resident decides not to return to it, the facility shall require no more than a
				  14-day written notice that he or she is not returning.
(3) If the facility requires a 14-day written
				  notice, the requirement shall be a part of the written agreement and explained
				  by the facility to the resident and his or her family or responsible person
				  before signing.
(4) When a resident
				  or someone acting on his or her behalf notifies the facility that he or she
				  will not be returning to the facility, the facility shall refund the remainder
				  of any advance payment to the resident or his or her responsible person. The
				  refund shall include the amount equal to the cost of care for the period
				  covered by the agreement. The refund shall be made within 14 days after
				  notification that the resident will not be returning to the facility.
(5) The facility shall not require payment
				  from a resident that receives State County Special Assistance for more than 30
				  days unless the resident is actually residing in the facility or it is
				  anticipated that he or she will return to the facility within 30
				  days.
(6) Exceptions to the 14-day
				  notice, if required by the facility, are cases where returning to the facility
				  would jeopardize the health or safety of the resident or others in the facility
				  as certified by the resident's physician or approved by the county department
				  of social services, and in the case of the resident's death. In these cases,
				  the facility shall provide a refund of any advance payment calculated beginning
				  with the day the facility is notified. The facility shall provide the refund to
				  the authorized representative with 14 days after the resident leaves the
				  facility or within 30 days after the resident's death.