North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 14 - Director, Division of Health Service Regulation
Subchapter A - RULEMAKING
Section .0300 - HEARINGS: TRANSFERS AND DISCHARGES
Section 14A .0301 - DEFINITIONS
Current through Register Vol. 39, No. 6, September 16, 2024
The following definitions apply throughout this Section:
(1) "Facility" is defined in
42 CFR
483.5, which is herein incorporated by
reference, including subsequent amendments and editions. The Code of Federal
Regulations may be accessed free of charge at
(2) "Hearing Officer" means the person at the Hearing Unit designated to preside over hearings between residents and nursing facility providers regarding transfers and discharges.
(3) "Hearing Unit" means the Chief Hearing Officer and his or her staff in the Division of Medical Assistance of the Department of Health and Human Services.
(4) "Notice" means a written notification of transfer or discharge, as required by 42 CFR 483.15(c), by the facility to the resident and the resident's representative as defined in 42 CFR 483.5.
(5) "Request for a Hearing" means a written expression by the resident, family member, or legal representative, that he or she wants the opportunity to present his or her case to the Hearing Officer.
(6) "Resident" means any person who is receiving treatment or long-term care in a facility.
(7) "Serve" means personal delivery, delivery by first class or certified United States Postal Service mail, or delivery by licensed overnight express mail, postage prepaid and addressed to the party at his or her last known address.
Authority
G.S.
143B-165(10);
42 U.S.C.
1395i-3(c)(2)(B)(iii);
42 U.S.C. 1396r(e)(3);
42 U.S.C.
1396r(f)(3);
42 CFR 483.15(c);
Eff.
August 3, 1992;
Readopted Eff. January 1,
2019.
