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 .0903 - APPLICATION FOR AND ISSUANCE OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  application for the operation of an agency premises shall be submitted to the
				  Department prior to the scheduling of an initial licensure survey or the
				  issuance of a license. The agency shall establish, maintain and make available
				  for inspection such documents, records and policies as required in this Section
				  and statistical data sufficient to complete the licensure application and upon
				  request of the Department, to submit an annual data report, as noted in Rule
				  .1002(b) of this Subchapter. If the applicant cannot demonstrate to the
				  Division of Health Service Regulation that he or she has ever owned or operated
				  a home care agency prior to submission of the application, the Division shall
				  not issue a license until the applicant has received training approved by the
				  Division which shall include the requirements for licensure, the licensure
				  process, and the rules pertaining to the operation of a home care
				  agency.
(b) The Department shall
				  issue a license to each agency premises. Initial and ongoing licensure
				  inspections may include all premises of an agency. Licensure shall be for a
				  period of one year. Each license shall expire at midnight on the expiration
				  date on the license and is renewable upon application.
(c) The license shall be posted in a
				  prominent location accessible to public view within the premises. The agency
				  shall also post a sign at the public access door with the agency
				  name.
(d) The license shall be
				  issued for the premises and persons named in the application and shall not be
				  transferable. The name and street address under which the agency operates shall
				  appear on the license. The license shall reflect the services provided by the
				  agency.
(e) Prior to change of
				  ownership or the establishment of a new agency, the agency must be in
				  compliance with all the applicable statutes and rules. If the agency is
				  authorized to provide Medicare certified Home Health Services, it shall also be
				  in compliance with statutes and rules established under G.S. 131E, Article
				  9.
(f) The licensee shall notify
				  the Department in writing of any proposed change in ownership or name at least
				  30 days prior to the effective date of the change.
(g) Any agency adding a new service category
				  as outlined in
				  G.S.
				  131E-136(3)(a) through (f)
				  shall notify the Department in writing at least 30 days prior to the provision
				  of that service to any clients. The Department shall approve the added service
				  upon determining the agency is in compliance with the rules specific to the
				  service being provided as contained in Section.1100 of this
				  Subchapter.
(h) An agency shall
				  notify the Department in writing if it discontinues or is unable to provide for
				  a period of six continuous months any service category as outlined in
				  G.S.
				  131E-136(3)(a) through (f)
				  that is listed on the agency's license.
Authority
					 G.S.
					 131E-140;
Eff. July 1,
					 1992;
Amended Eff. February 1, 1996; May 1, 1993;
Temporary Amendment Eff. April 1, 2006;
Amended Eff. November 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.