Current through Register Vol. 39, No. 6, September 16, 2024
(a) Denial:
The North Carolina Department of Health and Human Services, Division of Social
Services, is the licensing authority and shall deny a license at any time for
failure to comply with licensing rules adopted pursuant to G.S. 131D, Article
1A or for operating in a manner that threatens the health, safety or well being
of individuals in the facility or served by the agency. In addition, the
licensing authority may deny an application based on a determination that:
(1) the applicant is not in compliance with
rules promulgated under G.S. 131D for the facility or agency which the
applicant is seeking licensure;
(2)
the licensing authority has initiated revocation or summary suspension
proceedings against any facility or agency licensed pursuant to G.S. 122C,
Article 2, G.S. 131D, Articles 1 or 1A, or G.S. 110, Article 7, which was
previously held by the applicant and the applicant voluntarily relinquished the
license;
(3) there is a pending
appeal of a denial, revocation or summary suspension of any facility or agency
licensed pursuant to G.S. 122C, Article 2, G.S. 131D, Articles 1 or 1A, or G.S.
110, Article 7, which is owned by the applicant;
(4) the applicant has an individual as part
of their governing body or management who previously held a license which was
revoked or summarily suspended under G.S. 122C, Article 2, G.S. 131D, Articles
1 or 1A and G.S. 110, Article 7 and the rules adopted under these laws;
or
(5) the applicant is an
individual who has a finding or pending investigation by the Health Care
Professional Registry in accordance with
G.S.
131E-256.
(b) Notice: When an application for license
of a new facility or agency is denied the following applies:
(1) Pursuant to
G.S.
150B-22, the applicant shall be given an
informal opportunity to provide reasons why the license should be
issued.
(2) The licensing authority
shall give the applicant written notice of the denial, the reasons for the
denial and advise the applicant of the right to request a contested case
hearing pursuant to G.S. 150B.
(3)
The facility or agency shall not operate until a decision is made to issue a
license, despite an appeal action.
(c) Amendment: The licensing authority may
amend a license to indicate a provisional status whenever the licensing
authority determines there are violations of rules, but the violations do not
pose an immediate threat to the health, safety or welfare of the clients
served. The following applies to provisional status:
(1) Provisional status shall be approved for
not less than 30 days and not more than six months.
(2) Provisional status shall be effective
immediately upon notice to the licensee and must be posted in a prominent
location, accessible to public view, within the licensed premises.
(3) The facility shall inform each client
residing or receiving services from the facility or their legally responsible
person concerning the facility's provisional status.
(4) A regular license shall be issued when a
facility is determined by the licensing authority to be in compliance with
applicable rules.
(5) If a facility
fails to comply with the rules within the time frame for the provisional
status, the license shall automatically terminate on the expiration date of the
provisional status.
(6) If a
licensee has a provisional status at the time that the licensee submits a
renewal application, the license, if renewed, shall also be of a provisional
status unless the licensing authority determines that the violations have been
corrected.
(7) A decision to issue
a provisional status shall be stayed during the period of an appeal as
specified in
10A NCAC
70L .0301 and the licensee may continue to
display its license during the appeal.
(d) Summary Suspension: The following applies
to summary suspension:
(1) The licensing
authority shall issue an order of summary suspension and include the findings
in its order if it finds that the public health, safety or welfare
considerations require emergency action.
(2) The licensing authority shall suspend
only those services as necessary to protect the public interest. An order of
summary suspension shall be effective on the date specified in the order or on
the date of service of the order at the last known address of the licensee,
whichever is later.
(3) The
licensee may contest the order by requesting a contested case hearing pursuant
to G.S. 150B and
10A NCAC
70L .0301. The order for summary suspension
shall be in full force and effect during any contested case hearing.
(4) The order may set a date by which the
licensee shall remove the cause for emergency action. If the licensee fails to
meet that deadline, the licensing authority may revoke or amend the facility's
license.
(e) Revocation:
The licensing authority shall revoke a license at any time for failure to
comply with rules adopted pursuant to G.S. 131D, Article 1A or for operating in
a manner that threatens the health, safety or well being of individuals in the
facility or served by the agency. Revocation of licensure by the licensing
authority shall be affected by mailing to the applicant or license holder, by
certified mail, a notice setting forth the particular reasons for such action.
A revocation shall become effective 60 days after the mailing of the notice
absent a petition as specified in
10A NCAC
70L .0301. In the event of a petition for a
contested case hearing a revocation shall not become effective until a final
decision is made in the contested case hearing.
Authority
G.S.
131D-10.5;
131D-10.6;
131D-10.9;
143B-153;
150B-22;
150B-23;
Eff.
October 1, 2008;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. October 3,
2017.