Current through Register Vol. 39, No. 6, September 16, 2024
(a) The facility's
governing authority shall adopt bylaws or other operating policies and
procedures to assure that:
(1) a named
individual is identified who is responsible for the overall operation and
maintenance of the facility. The governing authority shall have methods in
place for the oversight of the individual's performance;
(2) annual meetings of the governing
authority shall be conducted if the governing authority consists of two or more
individuals. Minutes shall be maintained of such meetings;
(3) a policy and procedure manual is created
that is designed to ensure professional and safe care for the patients. The
manual shall be reviewed annually and revised in accordance with facility
policy. The manual shall include provisions for administration and use of the
facility, compliance, personnel quality assurance, procurement of outside
services and consultations, patient care policies, and services offered;
and
(4) annual reviews and
evaluations of the facility's policies, management, and operation are
conducted.
(b) When
services such as dietary, laundry, or therapy services are purchased from
others, the governing authority shall be responsible for assuring the supplier
meets the same local and State standards the facility would have to meet if it
were providing those services using its own staff.
(c) The governing authority shall provide for
the selection and appointment of the professional staff and the granting of
clinical privileges and shall be responsible for the professional conduct of
these persons.
(d) The governing
authority shall establish written policies and procedures to assure billing and
collection practices in accordance with
G.S.
131E-91. These policies and procedures shall
include:
(1) a financial assistance policy as
defined in
G.S.
131E-214.14(b)(3);
(2) how a patient may obtain an estimate of
the charges for the statewide 20 most common outpatient imaging procedures and
20 most common outpatient surgical procedures based on the primary Current
Procedure Terminology Code (CPT). The policy shall require that the information
be provided to the patient in writing, either electronically or by mail, within
three business days;
(3) how a
patient or patient's representative may dispute a bill;
(4) issuance of a refund within 45 days of
the patient receiving notice of the overpayment when a patient has overpaid the
amount due to the facility;
(5)
providing written notification to the patient or patient's representative, 30
days prior to submitting a delinquent bill to a collections agency;
(6) providing the patient or patient's
representative with the facility's charity care and financial assistance
policies, if the facility is required to file a Schedule H, federal form
990;
(7) the requirement that a
collections agency, entity, or other assignee obtain written consent from the
facility prior to initiating litigation against the patient or patient's
representative;
(8) a policy for
handling debts arising from the provision of care by the ambulatory surgical
facility involving the doctrine of necessaries, in accordance with
G.S.
131E-91(d)(5); and
(9) a policy for handling debts arising from
the provision of care by the ambulatory surgical facility to a minor, in
accordance with
G.S.
131E-91(d)(6).
Authority
G.S.
131E-91;
131E-147.1;
131E-149;
131E-214.13(f);
131E-214.14;
Eff.
October 14, 1978;
Amended Eff. November 1, 1989; November 1, 1985;
December 24, 1979;
Temporary Amendment Eff. May 1,
2014;
Amended Eff. November 1, 2014;
Readopted Eff.
January 1, 2021.
