(a) No person shalloperate, establish or provide foster care for children or receive and placechildren in residential care facilities, family foster homes, or adoptive homeswithout first applying for a license to the Department and submitting therequired information on application forms provided by the Department.
(b) Persons licensed orseeking a license under this Article shall permit the Department access topremises and information required to determine whether the person is incompliance with licensing rules of the Commission.
(c) Persons licensedpursuant to this Article shall be periodically reviewed by the Department todetermine whether they comply with Commission rules and whether licensure shallcontinue.
(d) This Article shallapply to all persons intending to organize, develop or provide foster care forchildren or receive and place children in residential child‑carefacilities, family foster homes or adoptive homes irrespective of such personshaving applied for or obtained a certification, registration or permit to carryon work not controlled by this Article except persons exempted in G.S. 131D‑10.4.
(e) Unless revoked ormodified to a provisional or suspended status, the terms of a license issued bythe Department shall be in force for a period not to exceed 24 months from thedate of issuance under rules adopted by the Commission.
(f) Persons licensedor seeking a license who are temporarily unable to comply with a rule or rulesmay be granted a provisional license. The provisional license can be issued fora period not to exceed six months. The noncompliance with a rule or rules shallnot present an immediate threat to the health and safety of the children, andthe person shall have a plan approved by the Department to correct the area(s)of noncompliance within the provisional period. A provisional license for anadditional period of time to meet the same area(s) of noncompliance shall notbe issued.
(g) In accordance withCommission rules, a person may submit to the Department documentation ofcompliance with the standards of a nationally recognized accrediting body, andthe Department on the basis of such accreditation may deem the person incompliance with one or more Commission licensing rules.
(h) Except as providedin subsection (i) of this section, the Secretary shall not enroll any newprovider for Medicaid Home or Community Based services or other Medicaidservices, as defined in 42 C.F.R. 440.90, 42 C.F.R. 440.130(d), and 42 C.F.R.440.180, or issue a license for a new facility or a new service to anyapplicant meeting any of the following criteria:
(1) The applicant wasthe owner, principal, or affiliate of a licensable facility under Chapter 122C,Chapter 131D, or Article 7 of Chapter 110 that had its license revoked until 60months after the date of the revocation.
(2) The applicant is theowner, principal, or affiliate of a licensable facility that was assessed apenalty for a Type A or Type B violation under Article 3 of Chapter 122C, orany combination thereof, and any one of the following conditions exist:
a. A single violationhas been assessed in the six months prior to the application.
b. Two violations havebeen assessed in the 18 months prior to the application and 18 months have notpassed from the date of the most recent violation.
c. Three violationshave been assessed in the 36 months prior to the application and 36 months havenot passed from the date of the most recent violation.
d. Four or moreviolations have been assessed in the 60 months prior to application and 60months have not passed from the date of the most recent violation.
(3) The applicant is theowner, principal, or affiliate of a licensable facility that had its licensesummarily suspended or downgraded to provisional status as a result ofviolations under G.S. 122C‑24.1(a) until 60 months after the date ofreinstatement or restoration of the license.
(4) The applicant is theowner, principal, or affiliate of a licensable facility that had its licensesummarily suspended or downgraded to provisional status as a result ofviolations under Article 1A of Chapter 131D, or had its license summarilysuspended or denied under Article 7 of Chapter 110 until 60 months after thedate of reinstatement or restoration of the license.
(i) The Secretary mayenroll a provider described in subsection (h) of this section if any of thefollowing circumstances apply:
(1) The applicant is anarea program or county program providing services under G.S. 122C‑141,and there is no other provider of the service in the catchment area.
(2) The Secretary findsthat the area program or county program has shown good cause by clear andconvincing evidence why the enrollment should be allowed.
(j) For purposes ofsubdivision (h)(2) of this section, fines assessed prior to October 23, 2002,are not applicable to this provision. However, licensure or enrollment shall bedenied if an applicant's history as a provider under Chapter 131D, Chapter122C, or Article 7 of Chapter 110 is such that the Secretary has concluded theapplicant will likely be unable to comply with licensing or enrollmentstatutes, rules, or regulations. In the event the Secretary denies licensure orenrollment under this subsection, the reasons for the denial and appeal rightspursuant to Article 3 of Chapter 150B shall be given to the provider inwriting. (1983,c. 637, s. 2; 2002‑164, s. 4.4; 2003‑294, s. 4.)
(a) No person shalloperate, establish or provide foster care for children or receive and placechildren in residential care facilities, family foster homes, or adoptive homeswithout first applying for a license to the Department and submitting therequired information on application forms provided by the Department.
(b) Persons licensed orseeking a license under this Article shall permit the Department access topremises and information required to determine whether the person is incompliance with licensing rules of the Commission.
(c) Persons licensedpursuant to this Article shall be periodically reviewed by the Department todetermine whether they comply with Commission rules and whether licensure shallcontinue.
(d) This Article shallapply to all persons intending to organize, develop or provide foster care forchildren or receive and place children in residential child‑carefacilities, family foster homes or adoptive homes irrespective of such personshaving applied for or obtained a certification, registration or permit to carryon work not controlled by this Article except persons exempted in G.S. 131D‑10.4.
(e) Unless revoked ormodified to a provisional or suspended status, the terms of a license issued bythe Department shall be in force for a period not to exceed 24 months from thedate of issuance under rules adopted by the Commission.
(f) Persons licensedor seeking a license who are temporarily unable to comply with a rule or rulesmay be granted a provisional license. The provisional license can be issued fora period not to exceed six months. The noncompliance with a rule or rules shallnot present an immediate threat to the health and safety of the children, andthe person shall have a plan approved by the Department to correct the area(s)of noncompliance within the provisional period. A provisional license for anadditional period of time to meet the same area(s) of noncompliance shall notbe issued.
(g) In accordance withCommission rules, a person may submit to the Department documentation ofcompliance with the standards of a nationally recognized accrediting body, andthe Department on the basis of such accreditation may deem the person incompliance with one or more Commission licensing rules.
(h) Except as providedin subsection (i) of this section, the Secretary shall not enroll any newprovider for Medicaid Home or Community Based services or other Medicaidservices, as defined in 42 C.F.R. 440.90, 42 C.F.R. 440.130(d), and 42 C.F.R.440.180, or issue a license for a new facility or a new service to anyapplicant meeting any of the following criteria:
(1) The applicant wasthe owner, principal, or affiliate of a licensable facility under Chapter 122C,Chapter 131D, or Article 7 of Chapter 110 that had its license revoked until 60months after the date of the revocation.
(2) The applicant is theowner, principal, or affiliate of a licensable facility that was assessed apenalty for a Type A or Type B violation under Article 3 of Chapter 122C, orany combination thereof, and any one of the following conditions exist:
a. A single violationhas been assessed in the six months prior to the application.
b. Two violations havebeen assessed in the 18 months prior to the application and 18 months have notpassed from the date of the most recent violation.
c. Three violationshave been assessed in the 36 months prior to the application and 36 months havenot passed from the date of the most recent violation.
d. Four or moreviolations have been assessed in the 60 months prior to application and 60months have not passed from the date of the most recent violation.
(3) The applicant is theowner, principal, or affiliate of a licensable facility that had its licensesummarily suspended or downgraded to provisional status as a result ofviolations under G.S. 122C‑24.1(a) until 60 months after the date ofreinstatement or restoration of the license.
(4) The applicant is theowner, principal, or affiliate of a licensable facility that had its licensesummarily suspended or downgraded to provisional status as a result ofviolations under Article 1A of Chapter 131D, or had its license summarilysuspended or denied under Article 7 of Chapter 110 until 60 months after thedate of reinstatement or restoration of the license.
(i) The Secretary mayenroll a provider described in subsection (h) of this section if any of thefollowing circumstances apply:
(1) The applicant is anarea program or county program providing services under G.S. 122C‑141,and there is no other provider of the service in the catchment area.
(2) The Secretary findsthat the area program or county program has shown good cause by clear andconvincing evidence why the enrollment should be allowed.
(j) For purposes ofsubdivision (h)(2) of this section, fines assessed prior to October 23, 2002,are not applicable to this provision. However, licensure or enrollment shall bedenied if an applicant's history as a provider under Chapter 131D, Chapter122C, or Article 7 of Chapter 110 is such that the Secretary has concluded theapplicant will likely be unable to comply with licensing or enrollmentstatutes, rules, or regulations. In the event the Secretary denies licensure orenrollment under this subsection, the reasons for the denial and appeal rightspursuant to Article 3 of Chapter 150B shall be given to the provider inwriting. (1983,c. 637, s. 2; 2002‑164, s. 4.4; 2003‑294, s. 4.)
(a) No person shalloperate, establish or provide foster care for children or receive and placechildren in residential care facilities, family foster homes, or adoptive homeswithout first applying for a license to the Department and submitting therequired information on application forms provided by the Department.
(b) Persons licensed orseeking a license under this Article shall permit the Department access topremises and information required to determine whether the person is incompliance with licensing rules of the Commission.
(c) Persons licensedpursuant to this Article shall be periodically reviewed by the Department todetermine whether they comply with Commission rules and whether licensure shallcontinue.
(d) This Article shallapply to all persons intending to organize, develop or provide foster care forchildren or receive and place children in residential child‑carefacilities, family foster homes or adoptive homes irrespective of such personshaving applied for or obtained a certification, registration or permit to carryon work not controlled by this Article except persons exempted in G.S. 131D‑10.4.
(e) Unless revoked ormodified to a provisional or suspended status, the terms of a license issued bythe Department shall be in force for a period not to exceed 24 months from thedate of issuance under rules adopted by the Commission.
(f) Persons licensedor seeking a license who are temporarily unable to comply with a rule or rulesmay be granted a provisional license. The provisional license can be issued fora period not to exceed six months. The noncompliance with a rule or rules shallnot present an immediate threat to the health and safety of the children, andthe person shall have a plan approved by the Department to correct the area(s)of noncompliance within the provisional period. A provisional license for anadditional period of time to meet the same area(s) of noncompliance shall notbe issued.
(g) In accordance withCommission rules, a person may submit to the Department documentation ofcompliance with the standards of a nationally recognized accrediting body, andthe Department on the basis of such accreditation may deem the person incompliance with one or more Commission licensing rules.
(h) Except as providedin subsection (i) of this section, the Secretary shall not enroll any newprovider for Medicaid Home or Community Based services or other Medicaidservices, as defined in 42 C.F.R. 440.90, 42 C.F.R. 440.130(d), and 42 C.F.R.440.180, or issue a license for a new facility or a new service to anyapplicant meeting any of the following criteria:
(1) The applicant wasthe owner, principal, or affiliate of a licensable facility under Chapter 122C,Chapter 131D, or Article 7 of Chapter 110 that had its license revoked until 60months after the date of the revocation.
(2) The applicant is theowner, principal, or affiliate of a licensable facility that was assessed apenalty for a Type A or Type B violation under Article 3 of Chapter 122C, orany combination thereof, and any one of the following conditions exist:
a. A single violationhas been assessed in the six months prior to the application.
b. Two violations havebeen assessed in the 18 months prior to the application and 18 months have notpassed from the date of the most recent violation.
c. Three violationshave been assessed in the 36 months prior to the application and 36 months havenot passed from the date of the most recent violation.
d. Four or moreviolations have been assessed in the 60 months prior to application and 60months have not passed from the date of the most recent violation.
(3) The applicant is theowner, principal, or affiliate of a licensable facility that had its licensesummarily suspended or downgraded to provisional status as a result ofviolations under G.S. 122C‑24.1(a) until 60 months after the date ofreinstatement or restoration of the license.
(4) The applicant is theowner, principal, or affiliate of a licensable facility that had its licensesummarily suspended or downgraded to provisional status as a result ofviolations under Article 1A of Chapter 131D, or had its license summarilysuspended or denied under Article 7 of Chapter 110 until 60 months after thedate of reinstatement or restoration of the license.
(i) The Secretary mayenroll a provider described in subsection (h) of this section if any of thefollowing circumstances apply:
(1) The applicant is anarea program or county program providing services under G.S. 122C‑141,and there is no other provider of the service in the catchment area.
(2) The Secretary findsthat the area program or county program has shown good cause by clear andconvincing evidence why the enrollment should be allowed.
(j) For purposes ofsubdivision (h)(2) of this section, fines assessed prior to October 23, 2002,are not applicable to this provision. However, licensure or enrollment shall bedenied if an applicant's history as a provider under Chapter 131D, Chapter122C, or Article 7 of Chapter 110 is such that the Secretary has concluded theapplicant will likely be unable to comply with licensing or enrollmentstatutes, rules, or regulations. In the event the Secretary denies licensure orenrollment under this subsection, the reasons for the denial and appeal rightspursuant to Article 3 of Chapter 150B shall be given to the provider inwriting. (1983,c. 637, s. 2; 2002‑164, s. 4.4; 2003‑294, s. 4.)
