reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0316 - FIRE SAFETY AND DISASTER PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fire
				  extinguishers shall be provided that meet these requirements:
(1) one five-pound or larger (net charge)
				  "A-B-C" type centrally located;
(2)
				  one five-pound or larger "A-B-C" or CO/2 type located in the kitchen;
				  and
(3) at any other location as
				  required by the North Carolina Fire Prevention Code, which is incorporated
				  herein by reference including subsequent amendments and editions. The
				  availability and cost of the Code is set forth in Rule.0302 of this
				  Section.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0317 - BUILDING SERVICE EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  building and all fire safety, electrical, mechanical, and plumbing equipment
				  shall be maintained in a safe and operating condition.
(b) There shall be a central heating system
				  sufficient to maintain 75 degrees F (24 degrees C) under winter design
				  conditions. Built-in electric heaters, if used, shall be installed or protected
				  so as to avoid hazards to participants and room furnishings. Unvented fuel
				  burning room heaters and portable electric heaters shall be
				  prohibited.
(c) Air conditioning
				  shall provide conditions not to exceed 81 degrees F (27 degrees C) under summer
				  design conditions.
(d) The hot
				  water tank shall be of such size to provide as much hot water as is needed by
				  the kitchen, bathrooms, and laundry. The hot water temperature at all fixtures
				  used by participants shall be maintained at a minimum of 100 degrees F (38
				  degrees C) and shall not exceed 116 degrees F (46.7 degrees C).
(e) All participant-use areas shall be
				  lighted for the safety and comfort of the participants. The minimum lighting
				  required is:
(1) 30 foot-candle of light at
				  floor level in living rooms, dining rooms, bedrooms, and bathrooms;
(2) 10 foot-candle of light for general
				  lighting; and
(3) one foot-candle
				  of light at the floor for corridors at night.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0300 - PHYSICAL PLANT RULES › Section 13E .0318 - OUTSIDE PREMISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The outside
				  grounds of the program shall be maintained in a clean and safe
				  condition.
(b) If the facility has
				  a fence around the premises, the fence shall not prevent participants from
				  exiting or entering freely and shall not be hazardous.
(c) Outdoor stairways and ramps shall be
				  illuminated by no less than five foot candles of light at grade
				  level.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0400 - STAFF QUALIFICATIONS AND STAFFING › Section 13E .0401 - ADMINISTRATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  administrator shall be responsible for the operations of the program offering
				  overnight respite care services.
(b) At all times there shall be one
				  administrator or supervisor-in-charge who is responsible for assuring that all
				  required duties are carried out and for assuring that a staff member is present
				  on-site and available to the program participants.
(c) The administrator shall:
(1) be at least 21 years old;
(2) be a high school graduate or certified
				  under the General Educational Development (GED) Program;
(3) cooperate with inspectors and DHSR
				  employees in assuring compliance with
				  G.S.
				  131D-6.1 and the rules of this
				  Subchapter;
(4) have a tuberculin
				  skin test within 12 months prior to hire date and annually
				  thereafter;
(5) have no
				  substantiated findings listed on the North Carolina Health Care Personnel
				  Registry pursuant to
				  G.S.
				  131E-256;
(6) have documented evidence of managing or
				  supervising personal care to others for at least six months from a current or
				  previous employer; and
(7) be able
				  to implement all accident, fire safety, and emergency procedures for the
				  protection of the participants of the overnight respite services
				  program.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0400 - STAFF QUALIFICATIONS AND STAFFING › Section 13E .0402 - SUPERVISOR-IN-CHARGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  supervisor-in-charge is responsible to the administrator for the operation of
				  the overnight respite services program in the absence of the
				  administrator.
(b) The
				  supervisor-in-charge shall meet the same requirements as the administrator as
				  set forth in Rule.0401(c) of this Section.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0400 - STAFF QUALIFICATIONS AND STAFFING › Section 13E .0403 - STAFF AND STAFFING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each staff
				  person shall:
(1) have a job description that
				  reflects actual duties and responsibilities determined by the program and shall
				  be signed by the administrator and the employee;
(2) have a tuberculin skin test within 12
				  months prior to hire and annually thereafter;
(3) be able to implement all of the program's
				  policies and procedures as defined in Rule.0501 of this Subchapter and
				  accident, fire safety, and emergency procedures for the protection of the
				  participants;
(4) be informed of
				  the confidential nature of participant information and protect and preserve the
				  information from unauthorized use and disclosure;
(5) not hinder or interfere with the exercise
				  of the rights as defined by program policy;
(6) have no substantiated findings listed on
				  the North Carolina Health Care Personnel Registry pursuant to
				  G.S.
				  131E-256;
(7) have a statewide criminal background
				  check, upon hire, of the past five years in accordance with
				  G.S.
				  143B-932; and
(8) cooperate with inspectors and the
				  monitoring and licensing agencies in complying with the rules of this
				  Subchapter.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0400 - STAFF QUALIFICATIONS AND STAFFING › Section 13E .0404 - TRAINING ON CARDIO-PULMONARY RESUSCITATION

Current through Register Vol. 39, No. 2, July 15, 2024
At least one staff person shall be on the premises at all
					 times, when participants are present, who has completed within the last 24
					 months a course on cardio-pulmonary resuscitation and choking management,
					 including the Heimlich maneuver, provided by the American Heart Association,
					 American Red Cross, National Safety Council, American Safety and Health
					 Institute, Medic First Aid, or a trainer with documented certification as a
					 trainer on these procedures from one of these organizations.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0500 - PROGRAM POLICIES › Section 13E .0501 - PROGRAM POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each program
				  shall have enrollment policies. Enrollment policies shall be in writing as a
				  part of the program policies and shall define the population served. These
				  policies shall serve as the basis for determining who will be accepted into the
				  program and for planning activities appropriate for the participants. The
				  policies shall prevent enrolling people whose needs cannot be met by the
				  planned activities and services offered and shall provide for discharge of
				  participants whose needs can no longer be met or who can no longer be cared for
				  safely. If the program serves semi-ambulatory or non-ambulatory persons as
				  defined by
				  10A NCAC
				  06R.0201, it shall be stated in the
				  enrollment criteria.
(b) The
				  program policies shall also contain:
(1) a
				  discharge policy outlining:
(A) the criteria
				  for discharge;
(B) notification
				  procedures for discharge;
(C) the
				  timeframe and procedures for notifying the applicant, family member, or other
				  caregiver of discharge; and
(D)
				  referral or follow-up procedures;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0600 - ENROLLMENT AND SERVICE PLANNING › Section 13E .0601 - ENROLLMENT OF PARTICIPANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Prior to enrollment the applicant, responsible party, or other caregiver shall
				  have a personal interview with a program staff member. During the interview,
				  the staff shall complete initial documentation identifying the following:
(1) social and medical care needs;
(2) spiritual, religious, or cultural needs;
				  and
(3) whether the program can
				  meet the applicant's expressed needs.
The staff person doing the interviewing shall sign the
					 assessment of needs and the applicant, responsible party, or other caregiver
					 shall sign the application for enrollment. These signed documents shall be
					 obtained before the individual's first day of attendance as a participant in
					 the program and shall be maintained in the participant's record.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0600 - ENROLLMENT AND SERVICE PLANNING › Section 13E .0602 - PLANNING SERVICES FOR INDIVIDUAL PARTICIPANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At
				  enrollment of a new participant, the program shall perform an assessment and
				  written service plan for the individual. The assessment shall address the
				  individual's ability to perform activities of daily living and need for
				  supervision while in the program. The mental and physical health status of the
				  individual shall also be assessed. The service plan shall be signed and dated
				  by the administrator or designee. The health component of the service plan
				  shall be written and signed by a registered nurse.
(b) In developing the written service plan,
				  the program shall include input from the participant, responsible party, other
				  caregiver and other agency professionals with knowledge of the individual's
				  needs. The service plan shall be based on strengths, needs, and abilities
				  identified in the assessment. The assessment and service plan shall be reviewed
				  to assure continued accuracy at each admission for overnight respite services.
				  The service plan shall include:
(1) the needs
				  and strengths of the participant;
(2) the interests of the
				  participant;
(3) the service goals
				  and objectives of care for the participant while in the overnight respite
				  program;
(4) the type of
				  interventions to be provided by the program in order to reach desired
				  outcomes;
(5) the services to be
				  provided by the program to achieve the goals and objectives;
(6) the roles of the participant, responsible
				  party, other caregiver, volunteers and program staff; and
(7) the time limit for the plan, with
				  provision for review and renewal.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0700 - MEDICATION ADMINISTRATION › Section 13E .0701 - MEDICATION ADMINISTRATION POLICIES AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
There shall be written policies and procedures developed
					 and implemented regarding:
(1)
				  medication administration;
(2)
				  documentation of medication administration;
(3) maintenance of documentation;
(4) documentation and reporting of medication
				  errors; and
(5) medication storage
				  and disposition.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0700 - MEDICATION ADMINISTRATION › Section 13E .0702 - MEDICATION ADMINISTRATION COMPETENCY EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Validation of each staff person's competency to administer medications shall be
				  completed prior to administering medications and shall include:
(1) documentation by a registered nurse
				  pursuant to G.S. 90 Article 9A or a licensed pharmacist pursuant to G.S. 90
				  Article 4A of a clinical skills validation on the Medication Administration
				  Skills Validation Form. Copies of this form may be accessed electronically free
				  of charge at https://info.ncdhhs.gov/dhsr/acls/acforms.html#medtest ;
(2) successful completion of a
				  standardized written exam established by the Division of Health Service
				  Regulation; or
(3) being listed as
				  a medication aide on the NC Medication Aide Registry pursuant to
				  G.S.
				  131E-270 and
				  10A NCAC
				  13O.0201.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0700 - MEDICATION ADMINISTRATION › Section 13E .0703 - MEDICATION ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Medications shall be administered according to current physician's or
				  appropriate licensed health professional's orders and the participant's
				  medication schedule. The medication schedule shall list all medications with
				  dosages and times that medications are to be administered.
(b) A record of all medication given to each
				  participant shall be accurate and include the following:
(1) the participant's name;
(2) the name, dosage, quantity, and route of
				  the medication;
(3) instructions
				  for giving medication;
(4) the date
				  and time medication is administered; and
(5) the name or initials of person giving the
				  medication. If initials are used, a signature for those initials shall be
				  documented and maintained in this record.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0800 - NUTRITION AND FOOD SERVICE › Section 13E .0801 - FOOD PROCUREMENT AND SAFETY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  kitchen, dining, and food storage areas shall be clean and maintained in a
				  sanitary condition in accordance with Rules Governing the Sanitation of
				  Residential Care Facilities (15A NCAC 18A.1600)
				  as promulgated by the North Carolina Division of Public Health, Environmental
				  Health Services Section, which are incorporated herein by reference including
				  subsequent amendments and editions.
(b) All food and beverages shall be procured,
				  stored, prepared, or served by the facility under sanitary conditions in
				  accordance with Rules Governing the Sanitation of Residential Care Facilities
				  (15A
				  NCAC 18A.1600).
(c) All meat served to participants shall
				  have been processed at a plant approved by the United States Department of
				  Agriculture (USDA).
(d) There shall
				  be at least a three-day supply of perishable food and a five-day supply of
				  non-perishable food on site, as indicated on the menus prepared as set forth in
				  Rule.0802 of this Section, for both regular and therapeutic diets.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0800 - NUTRITION AND FOOD SERVICE › Section 13E .0802 - FOOD PREPARATION AND SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Staff,
				  space, and equipment shall be provided for safe and sanitary food storage,
				  preparation, and service.
(b) Table
				  service shall include a napkin and non-disposable place setting consisting of
				  at least a knife, fork, spoon, plate, and beverage containers. Exceptions may
				  be made on an individual basis and shall be based on documented needs or
				  preferences of the participant.
(c)
				  If participants require assistance with eating, food shall be maintained at
				  serving temperature until assistance is provided.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0800 - NUTRITION AND FOOD SERVICE › Section 13E .0803 - MENUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Menus shall be prepared according to the
				  U.S. Department of Health and Human Services (HHS) and the U.S. Department of
				  Agriculture (USDA) Dietary Guidelines for Americans, which is incorporated by
				  reference with all subsequent amendments and editions and is available at no
				  cost at
http://www.health.gov/dietaryguidelines
.
(b) Menus shall be maintained in
				  the kitchen and identified as to the current menu day, and cycle for any given
				  day for guidance of food service staff.
(c) Any substitutions made in the menu shall
				  be of equal nutritional value, appropriate for therapeutic diets, and
				  documented to indicate the foods actually served to participants.
(d) Menus shall be planned to take into
				  account the food preferences and customs of the participants.
(e) A licensed dietitian or nutritionist,
				  pursuant to G.S. 90, Article 25, shall plan or review all menus, including all
				  therapeutic diets. The facility shall maintain verification of the licensed
				  dietitian or nutritionist's approval of the therapeutic diets, including an
				  original signature by the licensed dietitian or nutritionist and the licensure
				  number of the licensed dietitian or nutritionist.
(f) The facility shall have a matching
				  therapeutic diet menu for all physician or appropriate licensed health
				  professional ordered therapeutic diets, for guidance of food service
				  staff.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0800 - NUTRITION AND FOOD SERVICE › Section 13E .0804 - FOOD REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A minimum of
				  three meals a day shall be served.
(b) Foods and beverages that are appropriate
				  to overnight respite participants' diets shall be offered or made available to
				  overnight respite participants as snacks between each meal for a total of three
				  snacks per day and shall be shown on the menu as snacks.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0800 - NUTRITION AND FOOD SERVICE › Section 13E .0805 - THERAPEUTIC DIETS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All therapeutic
				  diet orders, including thickened liquids, shall be in writing from the
				  participant's physician or appropriate licensed health professional.
(b) Where applicable, the therapeutic diet
				  order shall be specific to calorie, gram, or consistency, such as for
				  calorie-controlled American Diabetic Association diets, low sodium diets, or
				  thickened liquids, unless there are written orders that include the definition
				  of any therapeutic diet identified in the facility's therapeutic menu approved
				  by a licensed dietitian or nutritionist.
(c) The facility shall maintain an accurate
				  and current listing of overnight respite participants with physician or
				  appropriate licensed health professional ordered therapeutic diets for guidance
				  of food service staff.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0800 - NUTRITION AND FOOD SERVICE › Section 13E .0806 - ASSISTANCE WITH EATING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Staff shall
				  provide assistance with eating as needed.
(b) Food shall be maintained at serving
				  temperature until assistance with eating is provided.
(c) Participants needing assistance with
				  eating shall be assisted upon receipt of the meal and the assistance shall be
				  unhurried and in a manner that maintains or enhances each participant's
				  dignity.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0800 - NUTRITION AND FOOD SERVICE › Section 13E .0807 - ACCOMMODATION OF PARTICIPANT NEEDS AND PREFERENCES

Current through Register Vol. 39, No. 2, July 15, 2024
Variations from the required three meals to meet
					 individualized needs or preferences of participants shall be documented in the
					 participant's record.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter E - LICENSING OF OVERNIGHT RESPITE SERVICES › Section .0900 - PROGRAM ACTIVITIES › Section 13E .0901 - ACTIVITIES PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) There shall be
				  a program of activities designed to promote the participants' active
				  involvement with each other, their families, and the community.
(b) If there is a question about a
				  participant's ability to participate in an activity, the participant, the
				  participant's physician or appropriate licensed health professional, family, or
				  responsible party shall be consulted to obtain a statement regarding the
				  participant's capabilities.
Authority
					 G.S.
					 131D-6.1;
Eff. April 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .0100 - DEFINITIONS › Section 13F .0101 - 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, 1984;
Repealed Eff. July 1,
					 2005.
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 .0100 - DEFINITIONS › Section 13F .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;
Temporary Amendment Eff. July 1, 2003;
Amended Eff. June 1,
					 2004;
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 .0100 - DEFINITIONS › Section 13F .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 shall issue an adult
				  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) An adult care home
				  shall be licensed only as an adult 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 adult 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;
Temporary Amendment Eff. July 1, 2003;
Amended Eff. June 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Amended Eff. June
					 1, 2020.
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 .0100 - DEFINITIONS › Section 13F .0203 - REPEALED - 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-4.5;
					 131D-2.16;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Temporary Amendment Eff. July 1, 2003;
Amended Eff. June 1,
					 2004;
Repealed Eff. January 1,
					 2020.
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 .0100 - DEFINITIONS › Section 13F .0204 - APPLYING FOR A LICENSE TO OPERATE A FACILITY NOT CURRENTLY LICENSED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to submission of a license
				  application, all Certificate of Need requirements shall be met according to
				  G.S. 131E, Article 9.
(b) In
				  applying for a license to operate an adult care home to be constructed or
				  renovated, or in an existing building that is not currently licensed, the
				  applicant shall submit the following to the Division of Health Service
				  Regulation:
(1) the Initial License
				  Application that is available online at
https://info.ncdhhs.gov/dhsr/acls/pdf/fcchgapp.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 the licensee, management
				  company, and building owner;
(C)
				  ownership disclosure including names and contact information of owners,
				  principals, affiliates, shareholders, and members; and
(D) bed capacity including that of any
				  special care unit for Alzheimer's and Related Disorders;
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 .0100 - DEFINITIONS › Section 13F .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-153;
					 143B-165; S.L. 2002-160;
					 2003-0284;
Eff. January 1, 1977;
Readopted Eff. October
					 31, 1977;
Amended Eff. April 1, 1984;
Temporary
					 Amendment Eff. September 1, 2003;
Repealed Eff. June 1,
					 2004.
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 .0100 - DEFINITIONS › Section 13F .0206 - CAPACITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The licensed
				  capacity of adult care homes licensed pursuant to this Subchapter is seven or
				  more residents.
(b) The total
				  number of residents shall not exceed the number shown on the license.
(c) A facility shall be licensed for no more
				  beds than the number for which the required physical space and other required
				  facilities in the building are available.
(d) The bed capacity and services shall be in
				  compliance with G.S. 131E, Article 9, regarding the certificate of
				  need.
Authority
					 G.S.
					 131D-2.4;
					 131D-2.16;
					 143B-165;
Eff.
					 January 1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff. April 1, 1984;
Temporary Amendment Eff. July 1,
					 2003;
Amended Eff. June 1, 2004;
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 .0100 - DEFINITIONS › Section 13F .0207 - CHANGE OF LICENSEE

Current through Register Vol. 39, No. 2, July 15, 2024
Prior to the sale of an adult 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)
				  If the prospective licensee plans to purchase the building, the prospective
				  licensee shall provide the Healthcare Planning and Certificate of Need Section
				  of the Division of Health Service Regulation with prior written notice as
				  required by
				  G.S.
				  131E-184(a)(8) prior to the
				  purchase of the building.
(3) The
				  prospective licensee shall submit the following license application material to
				  the Division of Health Service Regulation:
(a) the Change Licensure Application for
				  Adult Care Home (7 or more Beds) that is available on the internet website,
https://info.ncdhhs.gov/dhsr/acls/pdf/acchgapp.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 F - LICENSING OF ADULT CARE HOMES OF SEVEN OR MORE BEDS › Section .0100 - DEFINITIONS › Section 13F .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 form
				  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 including that of any
				  special care unit for Alzheimer's and Related Disorders; and
(5) population and census data.
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 .0100 - DEFINITIONS › Section 13F .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;
					 143B-165;
Temporary
					 Adoption Eff. December 1, 1999;
Eff. July 1, 2000;
Temporary Amendment Eff. July 1, 2003;
Amended Eff. June 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Repealed Eff. June
					 1, 2020.
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 .0100 - DEFINITIONS › Section 13F .0210 - REPEALED - TERMINATION OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-2;
					 143B-153;
					 143B-165; S.L. 2002-160;
					 2003-0284;
Eff. January 1, 1977;
Readopted Eff. October
					 31, 1977;
Amended Eff. April 1, 1984;
Temporary
					 Amendment Eff. September 1, 2003;
Repealed Eff. June 1,
					 2004.
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 .0100 - DEFINITIONS › Section 13F .0211 - NOTIFICATION ABOUT CLOSING OF HOME

Current through Register Vol. 39, No. 2, July 15, 2024
If a licensee plans to close a 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;
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. 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 .0100 - DEFINITIONS › Section 13F .0212 - DENIAL OR 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's
				  responsible 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;
Temporary Amendment Eff. July 1, 2003;
Amended Eff. June 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Amended Eff. June
					 1, 2020.
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 .0100 - DEFINITIONS › Section 13F .0213 - APPEAL OF LICENSURE ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
The licensee of an adult care home may appeal a licensure
					 action by commencing a contested case according to
					 G.S.
					 150B-23 following attempts at informal
					 resolution according to
					 G.S.
					 150B-22.
Authority
					 G.S.
					 131D-2.4;
					 131D-2.16;
					 143B-165;
Eff.
					 January 1, 1977;
Readopted Eff. October 31, 1977;
Temporary Amendment Eff. July 1, 2003;
Amended Eff. July 1,
					 2004;
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 .0100 - DEFINITIONS › Section 13F .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;
Repealed Eff. January 1,
					 2020.
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 .0100 - DEFINITIONS › Section 13F .0215 - REPEALED - ADMINISTRATIVE PENALTY DETERMINATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-34;
					 143B-165;
Eff.
					 December 1, 1993;
Temporary Amendment Eff. July 1,
					 2003;
Amended Eff. June 1, 2004;
Repealed Eff. October
					 1, 2016.
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 .0300 - PHYSICAL PLANT › Section 13F .0301 - APPLICATION OF PHYSICAL PLANT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The physical plant requirements for each adult care home
					 shall be applied as follows:
(1) New
				  construction shall comply with the requirements of this Section.
(2) Except where otherwise specified,
				  existing licensed facilities or portions of existing licensed facilities 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 facility where no addition or
				  renovation has been made, be less than those requirements found in the 1971
				  "Minimum and Desired Standards and Regulations" for "Homes for the Aged and
				  Infirm", 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 technical requirements of
				  this Section;
(4) Effective July 1,
				  1987, resident bedrooms and resident services shall not be permitted on the
				  second floor of any facility licensed for seven or more beds prior to April 1,
				  1984 and classified as two-story wood frame construction by the North Carolina
				  State Building Code;
(5) Rules in
				  this Section are minimum requirements and are not intended to prohibit
				  buildings, systems or operational conditions that exceed minimum
				  requirements;
(6) The bed capacity
				  and services provided in a facility shall be in compliance with G.S. 131E,
				  Article 9 regarding Certificate of Need. A facility shall be licensed for no
				  more beds than the number for which required physical space and other required
				  facilities are available;
(7)
				  Equivalency: Alternate methods, procedures, design criteria and functional
				  variations from the physical plant requirements shall be approved by the
				  Division when the facility can effectively demonstrate that the intent of the
				  physical plant requirements are met and that the variation does not reduce the
				  safety or operational effectiveness of the facility; and
(8) Where rules, codes or standards have any
				  conflict, the most stringent requirement shall apply and any conflicting
				  requirement shall not apply.
Authority
					 G.S.
					 131D-2.16;
					 143B-165;
Temporary
					 Adoption Eff. July 1, 2004;
Eff. July 1,
					 2005.
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 .0300 - PHYSICAL PLANT › Section 13F .0302 - DESIGN AND CONSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any building
				  licensed for the first time as an adult care home shall meet the requirements
				  of the North Carolina State Building Code for new construction. All new
				  construction, additions and renovations to existing buildings shall meet the
				  requirements of the North Carolina State Building Code for I-2 Institutional
				  Occupancy if the facility houses 13 or more residents or the North Carolina
				  State Building Code requirements for Large Residential Care Facilities if the
				  facility houses seven to twelve residents. The North Carolina State Building
				  Code, all applicable volumes, which is incorporated by reference, including all
				  subsequent amendments may be purchased from the Department of Insurance
				  Engineering Division located at 322 Chapanoke Road, Suite 200, Raleigh, North
				  Carolina 27603 at a cost of three hundred eighty dollars ($380.00). The
				  facility shall also meet all of the rules of this Section.
(b) Each facility shall be planned,
				  constructed, equipped and maintained to provide the services offered in the
				  facility.
(c) Any existing building
				  converted from another use to an adult care home shall meet all requirements of
				  a new facility.
(d) Any existing
				  licensed facility that is closed or vacant for more than one year shall meet
				  all requirements of a new facility.
(e) The sanitation, water supply, sewage
				  disposal and dietary facilities shall comply with the rules of the North
				  Carolina Division of Environmental Health, which are incorporated by reference,
				  including all subsequent amendments. The "Rules Governing the Sanitation of
				  Hospitals, Nursing and Rest Homes, Sanitariums, Sanatoriums, and Educational
				  and Other Institutions",
				  15A NCAC
				  18A.1300 are available for inspection at the
				  Department of Environment and Natural Resources, Division of Environmental
				  Health, 2728 Capital Boulevard, Raleigh, North Carolina. Copies may be obtained
				  from Environmental Health Services Section, 1632 Mail Service Center, Raleigh,
				  North Carolina 27699-1632 at no cost.
(f) The facility shall have current
				  sanitation and fire and building safety inspection reports which shall be
				  maintained in the home and available for review.
Authority
					 G.S.
					 131D-2.16;
					 143B-165;
Eff.
					 January 1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff. July 1, 1990; September 1, 1986; April 1, 1984;
Temporary Amendment Eff. September 1, 2003;
Amended Eff. June 1,
					 2004;
Temporary Amendment Eff. July 1, 2004;
Amended
					 Eff. July 1, 2005.
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 .0300 - PHYSICAL PLANT › Section 13F .0303 - LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An adult care
				  home shall be in a location approved by local zoning boards.
(b) The facility shall be located so that
				  hazards to the occupants are minimized.
(c) Plans for the building and site are to be
				  reviewed and approved by the Construction Section of the Division of Health
				  Service Regulation prior to licensure.
(d) An adult care home may be located in an
				  existing building or in a building newly constructed specifically for that
				  purpose.
(e) The site of the
				  proposed facility shall be approved by the Division of Health Service
				  Regulation prior to construction and shall:
(1) be accessible by streets, roads and
				  highways and be maintained for motor vehicles and emergency vehicle
				  access;
(2) be accessible to fire
				  fighting and other emergency services;
(3) have a water supply, sewage disposal
				  system, garbage disposal system and trash disposal system approved by the local
				  health department having jurisdiction;
(4) meet all local ordinances and zoning
				  laws; and
(5) be free from exposure
				  to pollutants known to the applicant or licensee.