Chapter 131E

The Department shall charge continuing care retirement communities licensed under Article 64 of Chapter 58 of the General Statutes that have nursing home beds or adult care home beds licensed by the Department a nonrefundable annual base license fee in the amount of four hundred …

(a) The Department may suspend, revoke, annul, withdraw, recall, cancel or amend a license when there has been a substantial failure to comply with the provisions of this Part or the rules promulgated under this Part. (b) The provisions of Chapter 150B of the General Statutes, Th…

If a municipality or hospital authority leases, sells, or conveys a hospital facility, or part, to a nonprofit corporation of which a majority of voting members of its governing body is not appointed or controlled by the municipality or hospital authority, the procedural requirem…

Notwithstanding anything in this Article, any municipality owning and operating a hospital organized under the provisions of this Part or Part 3 or any nonprofit corporation which leases or operates a hospital facility pursuant to an agreement with the municipality may erect, rem…

(a) No member of the board of directors or employee of a public hospital, as defined in G.S. 159-39(a), or that person's spouse shall do either of the following: (1) Acquire any interest, direct or indirect, in any hospital facility or in any property included or planned to be in…

Notwithstanding this Article or any other applicable State law, a municipality or hospital authority, or a nonprofit corporation controlled or established by a municipality or hospital authority, may enter into any transaction or agreement with a political subdivision of the Stat…

(a) The Commission may adopt, amend and repeal all rules necessary for the implementation of this Part and Part 3A of Article 6 of this Chapter. Provided, these rules shall not extend, modify, or limit the licensing of individual health professionals by their respective licensing…

(a) The Department shall inspect home care agencies in accordance with rules adopted by the Commission to determine compliance with the provisions of this Part and the rules established by the Commission. (b) Notwithstanding the provisions of G.S. 8-53, "Communications between ph…

Any person who knowingly and willfully establishes, conducts, manages or operates any home care agency or home assistance services provider without a license is guilty of a Class 3 misdemeanor and upon conviction is liable only for a fine of not more than five hundred dollars ($5…

(a) Notwithstanding the existence or pursuit of any other remedy, the Department shall, in the manner provided by law, maintain an action in the name of the State for injunction or other process against any person or governmental unit to restrain or prevent the establishment, con…

(a) Home care agencies and home assistance services providers shall prohibit their employees from smoking while providing services to an individual in the individual's home. Home care agencies and home assistance services providers shall inform their clients that employees are pr…

It is the intent of the General Assembly to support an individual's desire to live at home and receive home care services. (2005-276, s. 10.40A(n).)

Unless otherwise specified, the definitions that are provided in Part 3 of Article 6 of this Chapter apply in this Part. (2005-276, s. 10.40A(n).)

Each client of a home care agency shall have the following rights: (1) To be informed and participate in his or her plan of care. (2) To be treated with respect, consideration, dignity, and full recognition of his or her individuality and right to privacy. (3) To receive care and…

(a) During the agency's initial evaluation visit or before furnishing services, a home care agency shall provide each client with the following: (1) A copy of the declaration of home care clients' rights. (2) A copy of the agency's policies regarding client responsibilities as it…

Responsibility for implementing the provisions of this Part shall rest with the home care agency director. Each agency shall provide appropriate training to implement this Part. (2005-276, s. 10.40A(n).)

(a) The Department of Health and Human Services shall be responsible for enforcing the provisions of this Part. The Department shall investigate complaints made to it and reply within a reasonable period of time, not to exceed 60 days. (a1) When the Department of Health and Human…

(a) The Department of Health and Human Services may inspect home care clients' medical records maintained at the agency when necessary to investigate any alleged violation of this Part. (b) The Department shall maintain the confidentiality of all persons who register complaints w…

(a) This Part shall be known as the "Ambulatory Surgical Facility Licensure Act." (b) The purpose of this Part is to provide for the development, establishment and enforcement of basic standards: (1) For the care and treatment of individuals in ambulatory surgical facilities; and…

As used in this Part, unless otherwise specified: (1) "Ambulatory surgical facility" means a facility designed for the provision of a specialty ambulatory surgical program or a multispecialty ambulatory surgical program. An ambulatory surgical facility serves patients who require…

(a) No person shall operate an ambulatory surgical facility without a license obtained from the Department. (b) Applications shall be available from the Department, and each application filed with the Department shall contain all necessary and reasonable information that the Depa…

All ambulatory surgical facilities licensed under this Part shall be subject to the fair billing and collections practices set out in G.S. 131E-91. (2013-382, s. 13.3.)

(a) Definitions. - The following definitions apply in this section: (1) Smoke evacuation/filtering system. - Equipment that effectively captures, filters, and eliminates surgical smoke at the site of origin before the smoke makes contact with the eyes or the respiratory tracts of…

(a) The percentage of each qualified urban ambulatory surgical facility's total earned revenue that is attributed to self-pay and Medicaid revenue shall be equivalent to at least four percent (4%), calculated as follows: the Medicare allowable amount for self-pay and Medicaid sur…

(a) Subject to subsection (b), the Department is authorized to deny a new or renewal application for a license, and to amend, recall, suspend or revoke an existing license upon a determination that there has been a substantial failure to comply with the provisions of this Part or…

(a) The Commission is authorized to adopt, amend and repeal all rules necessary for the implementation of this Part. These rules shall be no stricter than those issued by the Commission under G.S. 131E-79 of the Hospital Licensing Act. (b) The Department shall enforce the rules a…

(a) This Part shall be known as the "Hospital Authorities Act." (b) The General Assembly finds and declares that in order to protect the public health, safety, and welfare, including that of low income persons, it is necessary that counties and cities be authorized to provide ade…

(a) The Department shall make or cause to be made inspections of ambulatory surgical facilities as necessary. The Department is authorized to delegate to a State officer, agent, board, bureau or division of State government the authority to make inspections according to the rules…

A person who owns in whole or in part or operates an ambulatory surgical facility without a license is guilty of a Class 3 misdemeanor, and upon conviction will be subject only to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred …

(a) Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name of the State for injunction or other process against any person or governmental unit to restrain or prevent the establishment, condu…

(a) This Part shall be known as the "Abortion Clinic Licensure Act." (b) The purpose of this Part is to provide for the development, establishment, and enforcement of basic standards: (1) For the care and treatment of individuals in abortion clinics; and (2) For the maintenance a…

The following definitions apply in this Part, unless otherwise specified: (1) Abortion clinic. - A freestanding facility, that is neither physically attached nor operated by a hospital, for the performance of abortions during the first 12 weeks of pregnancy. (2) Commission. - The…

(a) No person shall operate an abortion clinic without a license obtained from the Department. (b) Applications shall be available from the Department, and each application filed with the Department shall contain all necessary and reasonable information that the Department may by…

All abortion clinics licensed under this Part shall be subject to the fair billing and collections practices set out in G.S. 131E-91. (2023-14, s. 2.2.)

(a) Subject to subsection (b) of this section, the Department is authorized to deny a new or renewal application for a license and to amend, recall, suspend, or revoke an existing license upon a determination that there has been a substantial failure to comply with the provisions…

(a) The Commission is authorized to adopt, amend, and repeal all rules necessary for the implementation of this Part. These rules shall be no stricter than those issued by the Commission under G.S. 131E-79 of the Ambulatory Surgical Facility Licensure Act. (b) The Department shal…

(a) The Department shall make or cause to be made inspections of abortion clinics as necessary. The Department is authorized to delegate to a State officer, agent, board, bureau, or division of State government the authority to make inspections according to the rules adopted by t…

A person who owns in whole or in part or operates an abortion clinic without a license is guilty of a Class 3 misdemeanor and upon conviction will be subject only to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500.…

(a) Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name of the State for injunction or other process against any person or governmental unit to restrain or prevent the establishment, condu…

(a) This Part shall be known as "Nursing Pool Licensure Act". (b) The purpose of this Part is to establish licensing requirements for nursing pools. (1989, c. 744, s. 1.)

The following definitions apply in this Part: (1) Commission. - The North Carolina Medical Care Commission. (2) Department. - The Department of Health and Human Services. (3) Health care facility. - A hospital; psychiatric facility; rehabilitation facility; long-term care facilit…

(a) No person shall operate or represent himself to the public as operating a nursing pool without obtaining a license from the Department. (b) The Department shall provide applications for nursing pool licensure. Each application filed with the Department shall contain all infor…

(a) The Commission shall adopt, amend, and repeal all rules necessary for the implementation of this Part. These rules shall include the following requirements: (1) The nursing pool shall document that each employee who provides care meets the minimum licensing, training, and con…

The Department shall inspect all nursing pools that are subject to rules adopted pursuant to this Part in order to determine compliance with the provisions of this Part and with rules adopted pursuant to it. Inspections shall be conducted in accordance with rules adopted by the C…

(a) The Department may suspend, revoke, annul, withdraw, recall, cancel, or amend a license when there has been a substantial failure to comply with the provisions of this Part or with the rules adopted pursuant to it. (b) The provisions of Chapter 150B of the General Statutes, t…

(a) Notwithstanding the existence or pursuit of any other remedy, the Department may maintain an action in the name of the State for injunctive relief or other process against any person to restrain or prevent the establishment, conduct, management, or operation of a nursing pool…

(a) Notwithstanding G.S. 8-53 or any other law pertaining to confidentiality of communications between physician and patient, in the course of an inspection conducted pursuant to G.S. 131E-154.5: (1) Department representatives may review any writing or other record concerning the…

As used in this Article, unless otherwise specified: (1) "Advanced emergency medical technician" means an individual who has completed an educational program in emergency medical care approved by the Department and has been credentialed as an advanced emergency medical technican …

(a) No firm, corporation, or association shall furnish, operate, conduct, maintain, advertise, or otherwise engage in or profess to provide emergency medical services or transport patients upon the streets or highways, waterways, or airways in North Carolina unless a valid EMS Pr…

Notwithstanding any other provision of law, emergency medical services personnel shall not be prosecuted for providing emergency medical transport or emergency medical services to an injured K-9 police unit animal or an injured search and rescue dog if the emergency medical servi…