State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-31

§ 122C‑31.  Reportrequired upon death of client.

(a)        A facility shallnotify the Secretary immediately upon the death of any client of the facilitythat occurs within seven days of physical restraint or seclusion of the client,and shall notify the Secretary within three days of the death of any client ofthe facility resulting from violence, accident, suicide, or homicide. TheSecretary may assess a civil penalty of not less than five hundred dollars($500.00) and not more than one thousand dollars ($1,000) against a facilitythat fails to notify the Secretary of a death and the circumstances surroundingthe death known to the facility. Chapter 150B of the General Statutes governsthe assessment of a penalty under this section. A civil penalty owed under thissection may be recovered in a civil action brought by the Secretary or theAttorney General. The clear proceeds of the penalty shall be remitted to theState Treasurer for deposit in accordance with State law.

(b)        Upon receipt ofnotification from a facility in accordance with subsection (a) of this section,the Secretary shall notify the State protection and advocacy agency designatedunder the Developmental Disabilities Assistance and Bill of Rights Act 2000, 42U.S.C. § 15001, et seq., that a person with a disability has died. TheSecretary shall provide the agency access to the information about each deathreported pursuant to subsection (a) of this section, including informationresulting from any investigation of the death by the Department and fromreports received from the Chief Medical Examiner pursuant to G.S. 130A‑385.The agency shall use the information in accordance with its powers and dutiesunder applicable State and federal law and regulations.

(c)        If the death of aclient of a facility occurs within seven days of the use of physical restraintor seclusion, then the Secretary shall initiate immediately an investigation ofthe death.

(d)        An inpatientpsychiatric unit of a hospital licensed under Chapter 131E of the GeneralStatutes shall comply with this section.

(e)        Nothing in thissection abrogates State or federal law or requirements pertaining to theconfidentiality, privilege, or other prohibition against disclosure ofinformation provided to the Secretary or the agency. In carrying out therequirements of this section, the Secretary and the agency shall adhere toState and federal requirements of confidentiality, privilege, and otherprohibitions against disclosure and release applicable to the informationreceived under this section. A facility or provider that makes availableconfidential information in accordance with this section and with State andfederal law is not liable for the release of the information.

(f)         The Secretaryshall establish a standard reporting format for reporting deaths pursuant tothis section and shall provide to facilities subject to this section a form forthe facility's use in complying with this section.

(g)        In addition to thereporting requirements specified in subsections (a) through (e) of thissection, and pursuant to G.S. 130A‑383, every State facility shallreport, without redactions other than to protect confidential personnelinformation, the death of any client of the facility, and, if known, the deathof any former client of a facility who dies within 14 days of release from thefacility, regardless of the manner of death:

(1)        To the medicalexaminer of the county in which the body of the deceased is found; and

(2)        To the Stateprotection and advocacy agency designated under the Developmental DisabilitiesAssistance and Bill of Rights Act 2000, 42 U.S.C. § 15001, et seq. The Stateprotection and advocacy agency shall use the information in accordance with itspowers and duties under applicable State or federal law and regulations.

(h)        Notwithstanding G.S.122C‑52, and unless otherwise prohibited by State or federal law orrequirements, in order to provide for greater transparency in connection withthe reporting requirements specified in subsections (a) through (g) of thissection, the following information in reports made pursuant to this sectionshall be public records within the meaning of G.S. 132‑1 when reported bya State facility:

(1)        The name, sex, age,and date of birth of the deceased.

(2)        The name of thefacility providing the report.

(3)        The date, time, andlocation of the death.

(4)        A brief descriptionof the circumstances of death, including the manner of death, if known.

(5)        A list of allentities to whom the event was reported.

(i)         NotwithstandingG.S. 122C‑22, all facilities, as defined in G.S. 122C‑3(14), shallcomply with this section.  (2000‑129, s. 3(a); 2007‑323, ss.19.1(e), (f); 2008‑131, s. 1; 2009‑299, ss. 1‑4.)