North Carolina Administrative Code

10A NCAC 13G .1502 ADVERSE ACTION ON ADMINISTRATOR APPROVAL (a) The Department shall deny, suspend, or revoke the approval of an administrator if the administrator or applicant administrator: (1) has not completed the continuing education credits required by Rule .1503 of this Se…

10A NCAC 13G .1503 RENEWAL OF ADMINISTRATOR APPROVAL (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…

section .1600 – STAR rated certificates 10A NCAC 13G .1601 DEFINITIONS (a) As used in this Section, the following definitions shall apply: (1) "Demerits" means points which are subtracted from a facility's star rating calculation as set forth in the requirements of Rule .1604 of …

10A NCAC 13G .1602 ISSUANCE OF A STAR RATING (a) A star rated certificate and worksheet shall be issued to a facility by the Division of Health Service Regulation within 45 days from the date that the Division mails the survey or inspection report to the facility, except when a r…

10A NCAC 13G .1603 Statutory and rule requirements affecting STAR rATED CERTIFICATES The following Statutes and Rules comprise the standards that contribute to rated certificates: (1) G.S. 131D-21 Declaration of Resident's Rights; (2) Section .0300 of this Subchapter The Building…

10A NCAC 13G .1604 RATING CALCULATION (a) Ratings shall be based on: (1) Inspections completed pursuant to G.S. 131D-2.11(a) and (a1); (2) Statutory and Rule requirements listed in Rule .1603 of this Section; (3) Type A1, Type A2, or uncorrected Type B penalty violations identifi…

10A NCAC 13G .1605 CONTENTS OF STAR RATED CERTIFICATE (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 d…

SECTION .1700 - INFECTION PREVENTION AND CONTROL 10A NCAC 13G .1701 INFECTION PREVENTION AND CONTROL policies and procedures (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 co…

10A NCAC 13G .1702 REPORTING AND NOTIFICATION OF A SUSPECTED OR CONFIRMED COMMUNICABLE DISEASE OUTBREAK (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 Healt…

10A NCAC 13H .1506 SUSPENSION OF ADMISSIONS History Note: Authority G.S. 130-9.7(e); Eff. January 1, 1982; Repealed Eff. April 1, 2015.

SECTION .1600 -MISCELLANEOUS RULES 10A NCAC 13H .1601 ADMINISTRATIVE PENALTY DETERMINATION PROCESS History Note: Authority G.S. 131D-2; 131D-34; 143B-153; Eff. December 1, 1993; Repealed Eff. April 1, 2015.

10A NCAC 13H .1606 HEALTH CARE PERSONNEL REGISTRY History Note: 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.

10A NCAC 13H .1607 RESPITE CARE History Note: 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.

section .1800 – reserved for future codification

subchapter 13J – the licensing of home care agencies section .0100 – reserved for future codification 10A NCAC 13J .0100 Reserved for future codification

section .0200 – reserved for future codification 10A NCAC 13J .0200 Reserved for future codification

section .0300 – reserved for future codification 10A NCAC 13j .0300 Reserved for future codification

section .0400 – reserved for future codification 10A NCAC 13j .0400 Reserved for future codification

section .0500 – reserved for future codification 10A NCAC 13j .0500 Reserved for future codification

section .0600 – reserved for future codification 10A NCAC 13j .0600 Reserved for future codification

section .0700 – reserved for future codification 10A NCAC 13j .0700 Reserved for future codification

section .0800 – reserved for future codification 10A NCAC 13j .0800 Reserved for future codification

SECTION .0900 - GENERAL 10A NCAC 13J .0901 DEFINITIONS 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 agenc…

10A NCAC 13J .0902 LICENSE Each agency premises shall obtain a license unless exempted by G.S. 131E-136(3). History Note: 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 …

10A NCAC 13J .0903 APPLICATION FOR AND ISSUANCE OF LICENSE (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…

10A NCAC 13J .0904 INSPECTIONS (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 t…

10A NCAC 13J .0905 MULTIPLE PREMISES 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 ad…

10A NCAC 13J .0906 COMPLIANCE WITH LAWS (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 …

10A NCAC 13J .0907 ADVERSE ACTION (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 ame…

SECTION .1000 - ADMINISTRATION 10A NCAC 13J .1001 AGENCY MANAGEMENT AND SUPERVISION (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 sh…

10A NCAC 13J .1002 ADMINISTRATIVE, FINANCIAL AND STATISTICAL RECORDS (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…

10A NCAC 13j .1003 PERSONNEL (a) Written policies shall be established and implemented by the agency regarding infection control and exposure to communicable diseases consistent with Subchapter 19A of Title 15A, North Carolina Administrative Code. These policies shall include pro…

10A NCAC 13J .1004 EVALUATION (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…

10A NCAC 13J .1005 HOSPICE CARE (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…

10A NCAC 13J .1006 NURSING POOL (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 …

10A NCAC 13J .1007 CLIENT RIGHTS AND RESPONSIBILITIES (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. Th…

SECTION .1100 - SCOPE OF SERVICES 10A NCAC 13J .1101 ACCEPTANCE OF CLIENTS FOR SERVICE PROVISION 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 s…

10A NCAC 13j .1102 NURSING SERVICES AND DUTIES (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 clien…

10A NCAC 13J .1103 PHYSICAL THERAPY SERVICES (a) If an agency provides physical therapy services, such services shall be provided by or under the supervision of a licensed physical therapist and in accordance with G.S. Chapter 90, Article 18B, Physical Therapy, and the plan of ca…

10A NCAC 13J .1104 SPEECH THERAPY/PATHOLOGY SERVICES If an agency provides speech therapy, or services in speech and language pathology or audiology such services shall be provided in accordance with G.S. 90, Article 22, North Carolina Licensure Act for Speech and Language Pathol…

10A NCAC 13J .1105 OCCUPATIONAL THERAPY SERVICES (a) If an agency provides occupational therapy, such services shall be provided by or under the supervision of a licensed occupational therapist in accordance with G.S. Chapter 90, Article 18D, Occupational Therapy and the client's…

10A NCAC 13J .1106 MEDICAL SOCIAL WORK SERVICES If an agency provides medical social work services, such services shall be provided by or under the supervision of a medical social worker and in accordance with the client's plan of care and shall include the following: (1) assisti…

10A NCAC 13J .1107 IN-HOME AIDE SERVICES (a) If an agency provides in-home aide services, the services shall be provided in accordance with the client's plan of care. The plan of care shall be signed and dated by the health care practitioner and the client or the client's respons…

10a NCAC 13j .1108 INFUSION NURSING SERVICES (a) If an agency provides infusion nursing services, the services shall be provided by or under the supervision of a registered nurse with training in infusion services or special training in the drug and nutritional therapies the agen…

10A NCAC 13J .1109 CLINICAL RESPIRATORY SERVICES, INCLUDING PULMONARY, OR VENTILATION SERVICES (a) If an agency provides clinical respiratory services or ventilation services, the services shall be provided by or under the supervision of a respiratory therapist or a registered nu…

10A NCAC 13J .1110 SUPERVISION AND COMPETENCY OF IN-HOME caregivers (a) In-home caregivers subject to occupational licensing laws shall meet requirements consistent with the rules established by the occupational licensing board that they are subject. Each agency shall document th…

10A NCAC 13J .1111 ARRANGEMENTS FOR SERVICES WITH OTHER AGENCIES OR INDIVIDUALS (a) When an agency makes arrangements for providing services through other agencies or individuals, or where the agency contracts with a state or county agency to provide licensed home care services, …

10A NCAC 13J .1112 HOME MEDICAL EQUIPMENT AND SUPPLIES If an agency provides medical supplies and equipment in conjunction with home care services as defined in G.S. 131E-136(3), the agency shall have policies and procedures governing their management. These policies shall addres…

SECTION .1200 - CASE REVIEW AND PLAN OF CARE 10A NCAC 13J .1201 POLICIES An agency shall develop and implement written policies and procedures to assure that services and items to be provided are specified under a plan of care. History Note: Authority G.S. 131E-140; Eff. July 1, …

10A NCAC 13J .1202 CASE REVIEW AND PLAN OF CARE (a) The plan of care shall be established in collaboration with the client and incorporated in the service record. The plan of care shall be reviewed every 90 days by the health care practitioner and revised as needed based on the c…