reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .1200 - POLICIES, RECORDS AND REPORTS › Section 13G .1214 - AVAILABILITY OF CORRECTIVE ACTION AND SURVEY REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
A family care home shall make available to residents and
					 their families or responsible persons and to prospective residents and their
					 families or responsible persons, upon request and in a location accessible to
					 residents and visitors in the home the following:
(1) the most recent annual or biennial and
				  subsequent facility survey reports issued by the Adult Care Licensure Section
				  of the Division of Health Service Regulation;
(2) any other survey reports issued by the
				  Adult Care Licensure Section of the Division of Health Service Regulation
				  within the past 12 months; and
(3)
				  corrective action reports issued by the county department of social services
				  within the past 12 months.
Authority 131D-2.16;
					 143B-165;
Eff. July 1, 2005;
Readopted Eff. January 1,
					 2022.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .1300 - USE OF PHYSICAL RESTRAINTS AND ALTERNATIVES › Section 13G .1301 - USE OF PHYSICAL RESTRAINTS AND ALTERNATIVES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A family
				  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 that 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 for which the
				  resident's physician or physician extender has determined warrant the use of
				  restraints and not for, discipline or convenience purposes;
(2) used only with a written order from a
				  physician or physician extender except in emergencies where the health or
				  safety of the resident is threatened, according to Paragraph (d) of this
				  Rule;
(3) the least restrictive
				  restraint that would provide a safe environment for the resident and prevent
				  physical injury;
(4) used only
				  after alternatives that would provide a safe environment for the resident to
				  prevent physical injury and prevent a potential decline in the resident's
				  functioning have been tried and documented by the administrator or their
				  designee in the resident's record as being unsuccessful.
(5) used only after an assessment and care
				  planning process has been completed, except in emergencies where the health or
				  safety of the resident is threatened, according to Paragraph (c) of this
				  Rule;
(6) applied correctly
				  according to the manufacturer's instructions and the physician's or physician
				  extenders' order; and
(7) used in
				  conjunction with alternatives in an effort to reduce restraint use. For the
				  purpose of this Rule, "physician extender" means a licensed physician assistant
				  or licensed nurse practitioner.
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 G - LICENSING OF FAMILY CARE HOMES › Section .1500 - ADMINISTRATOR APPROVAL AND RENEWAL › Section 13G .1501 - ADMINISTRATOR APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each family
				  care home shall have an administrator that has been approved by the Department
				  pursuant to this Rule.
(b)
				  Applicant administrators shall meet the following qualifications:
(1) be 21 years of age or older;
(2) provide a satisfactory criminal
				  background report by providing to the Department the submissions required by:
(A) the State Repository of Criminal
				  Histories, if the applicant has been a resident of this State for five years or
				  more; or
(B) both the State and
				  National Repositories of Criminal Histories, if the applicant has been a
				  resident of this State for less than five years;
(3) complete an approved
				  administrator-in-training program listed on the website at
https://info.ncdhhs.gov/dhsr/acls/adminguidelines.html
and consisting of a minimum of 20 hours of instruction in N.C. Assisted Living
				  laws and statutes, human resources, and business management, and a minimum of
				  100 hours of on-the-job training in an assisted living facility;
(4) complete with 75 percent accuracy a
				  written examination administered by the Department within 12 months of
				  completing the administrator-in-training program; and
(5) be at least a high school graduate or
				  certified under the GED Program.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .1500 - ADMINISTRATOR APPROVAL AND RENEWAL › Section 13G .1503 - RENEWAL OF ADMINISTRATOR APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall renew an administrator's approval at the end of the year
				  following the year of initial approval 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 approval. The required number of hours or coursework shall be prorated by
				  the Department based 30 hours of required continuing education biennially and
				  the number of months from the date of the administrator's initial approval
				  until June 30 of the next year following issuance.
(b) The Department shall continue to renew an
				  administrator's approval biennially based on an expiration date of June 30. 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 approval period.
(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.
					 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 G - LICENSING OF FAMILY CARE HOMES › Section .1600 - RATED CERTIFICATES › Section 13G .1601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section applies to all licensed
				  family care homes for two to six 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 a family 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 G - LICENSING OF FAMILY CARE HOMES › Section .1600 - RATED CERTIFICATES › Section 13G .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 G - LICENSING OF FAMILY CARE HOMES › Section .1600 - RATED CERTIFICATES › Section 13G .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
				  13G.0300 The Building;
(3)
										10A NCAC
				  13G.0700 Admission and Discharge
				  Requirements;
(4)
										10A NCAC
				  13G.0800 Resident Assessment and Care
				  Plan;
(5)
										10A NCAC
				  13G .0900 Resident Care and
				  Services;
(6)
										10A NCAC
				  13G.1000 Medications; and
(7)
										10A NCAC
				  13G.1300 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 G - LICENSING OF FAMILY CARE HOMES › Section .1600 - RATED CERTIFICATES › Section 13G .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 G - LICENSING OF FAMILY CARE HOMES › Section .1600 - RATED CERTIFICATES › Section 13G .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 G - LICENSING OF FAMILY CARE HOMES › Section .1700 - INFECTION PREVENTION AND CONTROL › Section 13G .1701 - 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 will 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 and 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 G - LICENSING OF FAMILY CARE HOMES › Section .1700 - INFECTION PREVENTION AND CONTROL › Section 13G .1702 - 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 H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0100 - IDENTIFYING INFORMATION › Section 13H .0101-.0104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Amended Eff. July 1, 1990; February 1, 1986;
Repealed Eff. April 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0200 - MANAGEMENT IN PRIVATE FOR PROFIT HOMES › Section 13H .0201-.0203

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Amended Eff. April 1, 1987; November 1, 1984;
Repealed Eff. April 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0300 - MANAGEMENT IN HOMES OPERATED BY PRIVATE NON-PROFIT BOARDS › Section 13H .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Amended Eff. July 1, 1990; April 1, 1987; November 1,
					 1984;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0400 - PERSONNEL › Section 13H .0401-.0407

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-4.5;
					 143B-153;
					 168-1;
					 168-9; S.L. 99-0334;
Eff. January 1, 1978;
Amended Eff. July 1, 1990; September 1, 1987;
					 April 1, 1987; February 1, 1986; November 1, 1984; AARC Objection Lodged
					 January 1, 1991;
Amended Eff. May 1, 1992; August 1,
					 1991;
Temporary Amendment Eff. January 1, 2000; December 1,
					 1999;
Amended Eff. July 1, 2000;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0400 - PERSONNEL › Section 13H .0408-.0409

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-4.3;
					 143B-153;
Temporary
					 Adoption Eff. January 1, 1996;
Eff. May 1, 1997;
Repealed Eff. April 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0400 - PERSONNEL › Section 13H .0410-.0411

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-4.5;
					 143B-165; S.L.
					 1999-0334;
Temporary Adoption Eff. January 1, 2000; December 1,
					 1999;
Eff. July 1, 2000;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0500 - THE HOME › Section 13H .0501-.0502

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Amended Eff. March 1, 1991; February 1, 1986;
Repealed Eff. April 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0600 - ARRANGEMENT AND SIZE OF ROOMS › Section 13H .0601-.0613

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-4.5;143B-153;
					 143B-165;168-1;
					 168-9; S.L.
					 1999-0334;
Eff. January 1, 1978;
Amended Eff. July 1,
					 1982;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. July 1, 2000;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0700 - SERVICES › Section 13H .0701-.0704

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0800 - PROGRAM STANDARDS › Section 13H .0801-.0808

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Amended Eff. February 1, 1986;
Repealed Eff.
					 April 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .0900 - ADMISSION: TRANSFER: AND DISCHARGE POLICIES › Section 13H .0901-.0907

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-4.5;
					 143B-153;
					 143B-165;
					 168-1;
					 168-9; S.L.
					 1999-0334;
Eff. January 1, 1978;
Amended Eff. July 1,
					 1990;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. July 1, 2000;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1000 - MEDICAL POLICIES › Section 13H .1001-.1003

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-4.5;
					 143B-153;
					 143B-165;
					 168-1;
					 168-9; S.L.
					 1999-0334;
Eff. January 1, 1978;
Temporary Amendment
					 Eff. December 1, 1999;
Amended Eff. July 1, 2000;
Repealed Eff. April 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1100 - RATES: RESIDENTS' FUNDS: REFUNDS › Section 13H .1101-.1102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Amended Eff. July 1, 1990; February 1, 1986;
Repealed Eff. April 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1200 - RECORDS AND REPORTS › Section 13H .1201-.1202

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1300 - CAPACITY › Section 13H .1301-.1302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Amended Eff. July 1990;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1400 - APPLICATION PROCEDURES › Section 13H .1401-.1402

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Amended Eff. February 1, 1986;
Repealed Eff.
					 April 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1500 - LICENSING INFORMATION › Section 13H .1501-.1505

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 168-1;
					 168-9;
Eff. January
					 1, 1978;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1500 - LICENSING INFORMATION › Section 13H .1506 - REPEALED - SUSPENSION OF ADMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130-9.7(e);
Eff.
					 January 1, 1982;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1600 - MISCELLANEOUS RULES › Section 13H .1601 - REPEALED - ADMINISTRATIVE PENALTY DETERMINATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-34;
					 143B-153;
Eff.
					 December 1, 1993;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1600 - MISCELLANEOUS RULES › Section 13H .1602-.1605

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-4.3;
					 143B-153;
Temporary
					 Adoption Eff. January 1, 1996;
Eff. May 1, 1997;
Repealed Eff. April 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1600 - MISCELLANEOUS RULES › Section 13H .1606 - REPEALED - HEALTH CARE PERSONNEL REGISTRY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-4.5;
					 131E-256;
					 143B-165; S.L.
					 1999-0334;
Temporary Adoption Eff. January 1, 2000;
Eff. July 1, 2000;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1600 - MISCELLANEOUS RULES › Section 13H .1607 - REPEALED - RESPITE CARE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-165; S.L.
					 2000-50;
Temporary Adoption Eff. November 1, 2000;
Eff.
					 July 18, 2002;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1700 - ADULT HOME CARE LICENSES › Section 13H .1701-.1703

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-4.5;
					 143B-165; S.L. 1999-0113; S.L.
					 1999-0334;
Temporary Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter H - LICENSING OF HOMES FOR DEVELOPMENTALLY DISABLED ADULTS › Section .1900 - DEATH REPORTING REQUIREMENTS › Section 13H .1901-.1903

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 131D-34.1;
Temporary
					 Adoption Eff. May 1, 2001;
Eff. July 18, 2002;
Repealed
					 Eff. April 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .0900 - GENERAL › Section 13J .0901 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Terms used in this Subchapter have the meanings as defined
					 in G.S.
					 131E-136 and as follows:
(1) "Activities of Daily Living" (ADL) means
				  mobility, eating, bathing, dressing, and toileting.
(2) "Agency" means a home care
				  agency.
(3) "Agency director" means
				  the person having administrative responsibility for the operation of the
				  agency.
(4) "Client" means as
				  defined in
				  G.S.
				  131E-136(2b).
(5) "Clinical respiratory services" means the
				  provision of respiratory equipment and services that involve the assessment of
				  a client's pulmonary status, monitoring of a client's response to therapy, and
				  reporting to the client's physician. Procedures include: oximetry, blood gases,
				  delivery of medication via aerosolization, management of ventilatory support
				  equipment, pulmonary function testing, and infant monitoring.
(6) "Department" means the North Carolina
				  Department of Health and Human Services.
(7) "Extensive Assistance" means a client is
				  totally dependent or requires hands on assistance more than half the time while
				  performing part of an activity, and meets one of the following criteria:
(a) requires extensive assistance in more
				  than two activities of daily living (ADLs), as defined in Item (1) of this
				  Rule;
(b) needs an in-home aide to
				  perform at least one task at the nurse aide II level; or
(c) requires extensive assistance in more
				  than one ADL and has a medical or cognitive impairment as defined in Item (19)
				  of this Rule.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .0900 - GENERAL › Section 13J .0902 - LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Each agency premises shall obtain a license unless exempted
					 by G.S.
					 131E-136(3).
Authority
					 G.S.
					 131E-140;
Eff. July 1,
					 1992;
Amended Eff. February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .0900 - GENERAL › Section 13J .0904 - INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any agency
				  licensed by the Department shall be subject to proper inspections by authorized
				  representatives of the Department at any time as a condition of holding such
				  license.
(b) Any organization
				  subject to licensure which presents itself to the public as a home care agency,
				  which does not hold a license, and is or may be in violation of Rule.0902 of
				  this Section and
				  G.S.
				  131E-138 shall be subject to inspections at
				  any time by authorized representatives of the Department.
(c) Authorized representatives of the
				  Department shall make their identities known to the person in charge prior to
				  inspection.
(d) Inspection of
				  service records shall be carried out in accordance with
				  G.S.
				  131E-141(b).
(e) An inspection shall be considered proper
				  whenever the purpose of the inspection is to determine whether the agency
				  complies with the provisions of this Subchapter or whenever there is reason to
				  believe that some condition exists which is not in compliance with the rules in
				  this Subchapter. The agency shall allow immediate access to its premises and
				  the records necessary to conduct an inspection and determine compliance with
				  the rules of this Subchapter. Failure to do so shall result in termination of
				  the survey and may result in injunctive relief as outlined in
				  G.S.
				  131E-142(b).
(f) An agency shall file a plan of correction
				  for cited deficiencies within 10 working days of receipt. The Department shall
				  review and respond to a written plan of correction within 10 working days of
				  receipt.
(g) Representatives of the
				  Department may visit clients in their homes to assess the agency's compliance
				  with the clients' plans of care and with the licensure rules. Clients will be
				  contacted by the agency staff in the presence of Department staff for
				  permission to visit.
Authority
					 G.S.
					 131E-140;
Eff. July 1,
					 1992;
Amended Eff. February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .0900 - GENERAL › Section 13J .0905 - MULTIPLE PREMISES

Current through Register Vol. 39, No. 2, July 15, 2024
If a person operates multiple agency premises:
(1) the Department may conduct inspections at
				  any or all of the premises and may issue a license to each of the premises
				  based upon a sample inspection of any of the premises;
(2) with 72 hours advance notice, the
				  Department may request records from any of the premises necessary to ensure
				  compliance with the rules of this Subchapter be brought to the site being
				  inspected, including the portions of personnel records subject to review. For
				  agencies for whom a business or government policy precludes the disclosure of
				  employee evaluations, a statement signed by the employee's supervisor attesting
				  to its completion shall be accepted.
(3) the premises may share hands-on care
				  staff or administrative staff, and may centralize the maintenance of
				  records.
Authority
					 G.S.
					 131E-140;
Eff. July 1,
					 1992;
Amended Eff. February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .0900 - GENERAL › Section 13J .0906 - COMPLIANCE WITH LAWS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall be in compliance with all applicable federal, state, and local laws,
				  rules, and regulations including Title XI Part A Section 1128B of the Social
				  Security Act - Criminal penalties for acts involving Federal health care
				  programs. A failure to comply with Federal law may subject the agency to civil
				  or criminal penalties as set forth in 42 U.S.C. §
										1320a-7a - Making or causing to
				  be made false statements or representations - and 42 U.S.C. §
										1320a-7b - Illegal
				  remunerations.
(b) Staff of the
				  agency shall be currently licensed or registered in accordance with applicable
				  laws of the State of North Carolina.
(c) Nothing in this Rule shall prohibit the
				  Department from conducting inspections as provided for in Rule.0904 of this
				  Section.
(d) Any agency deemed to
				  be in compliance by virtue of accreditation by one of the specified accrediting
				  bodies listed in
				  G.S.
				  131E-138(g) shall submit to
				  the Department a copy of its accreditation report within 30 days after the
				  agency receives its report each time it is surveyed by the accrediting body.
				  The agency shall notify the Department of any action taken that affects its
				  accreditation status, either temporarily or permanently. The Department may
				  conduct annual validation surveys to assure compliance.
Authority
					 G.S.
					 131E-138;
					 131E-140;
Eff. July
					 1, 1992;
Amended Eff. October 1, 2006; February 1,
					 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .0900 - GENERAL › Section 13J .0907 - ADVERSE ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An agency may
				  appeal any adverse decision made by the Department concerning its license by
				  making such appeal in accordance with the Administrative Procedure Act, G.S.
				  150B and departmental rules
				  10A NCAC
				  01 et seq.
(b) The Department may amend a license by
				  reducing it from a full license to a provisional license whenever the
				  Department finds that:
(1) the licensee has
				  substantially failed to comply with the provisions of G.S. 131E, Part C of
				  Article 6 and the rules promulgated under that Part; and
(2) there is a reasonable probability that
				  the licensee can remedy the licensure deficiencies within a reasonable length
				  of time; and
(3) there is a
				  reasonable probability that the licensee will be able thereafter to remain in
				  compliance with the home care licensure rules for the foreseeable future.
The Department shall give the licensee written notice of
					 the amendment of its license. This notice shall be given by registered or
					 certified mail or by personal service and shall set forth the reasons for the
					 action.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .1000 - ADMINISTRATION › Section 13J .1001 - AGENCY MANAGEMENT AND SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  governing body or its designee shall establish and implement written policies
				  governing agency operation. Such policies shall be available for inspection by
				  the Department. The policies shall include:
(1) a description of the scope of services
				  offered;
(2) admission and
				  discharge policies;
(3) supervision
				  of personnel;
(4) development of,
				  and updates to, the plan of care;
(5) management of emergency care situations
				  in the home;
(6) time frame for
				  completion and return of service records to the agency;
(7) personnel qualifications;
(8) an organizational chart;
(9) program evaluation;
(10) employee and client confidentiality;
				  and
(11) coordination of and
				  referral to and from other community agencies and resources.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .1000 - ADMINISTRATION › Section 13J .1002 - ADMINISTRATIVE, FINANCIAL AND STATISTICAL RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The agency shall establish, maintain and make available for inspection the home
				  care annual budget.
(b) The agency
				  shall record, maintain and make available as requested to the Department
				  statistical records. The records shall include the following:
(1) Number of home care staff, and their
				  full-time equivalents including administrative, clerical, professional and
				  paraprofessional and their total number of units of services;
(2) Client demographics, including county of
				  residence and age;
(3) Number of
				  units of service by applicable service category; and
(4) Total charges and number of visits by
				  payor source (for Medicare certified agencies).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .1000 - ADMINISTRATION › Section 13J .1004 - EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency's
				  governing body or its designee shall annually conduct a comprehensive
				  evaluation of the agency's total operation.
(b) The evaluation shall review the quality
				  of the agency's services with findings used to verify policy implementation, to
				  identify problems, and to establish problem resolution and policy revision as
				  necessary.
(c) The evaluation shall
				  consist of a policy and administration review, including the scope of services
				  offered, arrangements for services with other agencies or individuals,
				  admission and discharge policies, supervision and plan of care, emergency care,
				  service records, personnel qualifications, and program evaluation. Data to be
				  assessed shall include the following:
(1)
				  number of clients receiving each service;
(2) number of visits or hours for each
				  service;
(3) client
				  outcomes;
(4) adequacy of staff to
				  meet client needs;
(5) numbers and
				  reasons for nonacceptance of clients; and
(6) reasons for discharge.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .1000 - ADMINISTRATION › Section 13J .1005 - HOSPICE CARE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If an agency
				  offers or provides a hospice program of care, such services shall be in
				  compliance with all provisions of
				  10A NCAC
				  13K (Hospice Licensing Rules), with the
				  exception of rules requiring a separate hospice license.
(b) A hospice shall be eligible for a home
				  care license if it meets the requirements of
				  10A NCAC
				  13J and meets the standards for the specific
				  home care services offered. The extent of the licensure review shall be at the
				  discretion of the Department.
(c)
				  If an agency that operates a hospice, a hospice inpatient facility, or a
				  hospice residential care facility, under its home care license, substantially
				  fails to comply with the provisions of Article 10 of G.S. 131E or of
				  10A NCAC
				  13J, the Department may amend the agency's
				  home care license by revoking the agency's right to operate a hospice, a
				  hospice inpatient facility, or a hospice residential care facility, or offer
				  hospice services under its home care license.
Authority
					 G.S.
					 131E-140;
Eff. July 1,
					 1992;
Amended Eff. February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .1000 - ADMINISTRATION › Section 13J .1006 - NURSING POOL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If an agency
				  offers or provides a nursing pool, and does not wish to obtain a separate
				  license for its nursing pool, such services shall be in compliance with all
				  provisions of
				  10A NCAC
				  13L (Nursing Pool Licensing Rules).
(b) If an agency that operates a nursing pool
				  under its home care license substantially fails to comply with the provisions
				  of Part E of Article 6 of G.S. 131E or of
				  10A NCAC
				  13L, the Department may amend the agency's
				  home care license by revoking the agency's right to operate a nursing pool
				  under its home care license.
Authority
					 G.S.
					 131E-140;
Eff. July 1,
					 1992;
Amended Eff. February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .1000 - ADMINISTRATION › Section 13J .1007 - CLIENT RIGHTS AND RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  agency shall provide each client with a written notice of the client's rights
				  and responsibilities in advance of furnishing care to the client or during the
				  initial evaluation visit before the initiation of services. The agency shall
				  maintain documentation showing that all clients have been informed of their
				  rights and responsibilities as set forth in
				  G.S.
				  131E-144.3.
(b) An agency shall provide notice to clients
				  as set forth in
				  G.S.
				  131E-144.4. The Division of Health Service
				  Regulation shall investigate all allegations of non-compliance with rules of
				  this Subchapter.
(c) An agency
				  shall comply with
				  G.S.
				  131E-144.6(b).
Authority
					 G.S.
					 131E-140;
					 131E-144.3;
Eff.
					 July 1, 1992;
Amended Eff. February 1, 1996;
Readopted
					 Eff. June 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .1100 - SCOPE OF SERVICES › Section 13J .1101 - ACCEPTANCE OF CLIENTS FOR SERVICE PROVISION

Current through Register Vol. 39, No. 2, July 15, 2024
Within the scope of services provided, the agency shall
					 develop and implement written policies governing the acceptance of clients and
					 client services. These policies and procedures shall include the
					 following:
(1) adequacy and
				  suitability of agency personnel and resources to provide the services required
				  by the client and information on resources available to cover staff
				  absence;
(2) reasonable expectation
				  that the client's need for requested services can be met adequately at home by
				  the agency;
(3) adequate physical
				  facilities in the client's home for their plan of care;
(4) availability or absence of family or
				  substitute family member able and willing to participate in the client's care
				  when necessary to ensure the safety of the client;
(5) information on the scope of services
				  provided and the geographic area served with each service;
(6) notification to the referral source when
				  one or more needed and requested services (including assessment) cannot be
				  provided to a specific client within a time frame requested by the referral
				  source and established by agency policy;
(7) advance notification of at least 48 hours
				  to the client or responsible party when service provision is to be reduced or
				  terminated, except in cases where the client is in agreement with changes,
				  there is a danger to a client or staff member, or the physician terminates
				  services; and
(8) referral to and
				  coordination with other appropriate agencies when the agency is unable to
				  respond to a request for service promptly, or to continue to provide
				  service.
Authority
					 G.S.
					 131E-140;
Eff. July 1,
					 1992;
Amended Eff. February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .1100 - SCOPE OF SERVICES › Section 13J .1102 - NURSING SERVICES AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If an
				  agency provides nursing services, those services shall be provided by or under
				  the supervision of a registered nurse and in accordance with the North Carolina
				  Nursing Practice Act, G.S. Chapter 90, Article 9A, and the client's plan of
				  care shall include the following as a minimum:
(1) regularly assess the nursing needs of the
				  client;
(2) develop and implement
				  the client's nursing plan of care;
(3) provide nursing services, treatment, and
				  diagnostic and preventive procedures;
(4) initiate preventive and rehabilitative
				  nursing procedures appropriate for the client's care and safety;
(5) observe signs and symptoms and report to
				  the physician any reaction to treatment, drugs, or changes in the client's
				  physical or emotional condition;
(6) teach, supervise, and counsel the client
				  and family members about providing care for the client at home; and
(7) supervise and train other nursing service
				  personnel.