(a) A facility licensedunder this Article shall notify the Department immediately upon the death ofany resident of the facility that occurs within seven days of physicalrestraint of the resident, and shall notify the Department within three days ofthe death of any resident of the facility resulting from violence, accident,suicide, or homicide. The Department may assess a civil penalty of not lessthan five hundred dollars ($500.00) and not more than one thousand dollars ($1,000)against a facility that fails to notify the Department of a death and thecircumstances surrounding the death known to the facility. Chapter 150B of theGeneral Statutes governs the assessment of a penalty under this section. Acivil penalty owed under this section may be recovered in a civil actionbrought by the Department or the Attorney General. The clear proceeds of thepenalty shall be remitted to the State Treasurer for deposit in accordance withState law.
(b) Upon receipt ofnotification from a facility in accordance with subsection (a) of this section,the Department shall notify the State protection and advocacy agency designatedunder the Developmental Disabilities Assistance and Bill of Rights Act 2000,P.L. 106‑402, that a person with a disability has died. The Departmentshall provide the agency access to the information about each death reported tothe agency 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 aresident of the facility occurs within seven days of the use of physicalrestraint, the Department shall initiate immediately an investigation of thedeath.
(d) Nothing in thissection abrogates State or federal law or requirements pertaining to theconfidentiality, privilege, or other prohibition against disclosure ofinformation provided to the Department or the agency. In carrying out therequirements of this section, the Department 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.
(e) The Secretary shallestablish a standard reporting format for reporting deaths pursuant to thissection and shall provide to facilities subject to this section a form for thefacility's use in complying with this section. (2000‑129, s. 5(a); 2007‑323, ss. 19.1(g),(h).)
(a) A facility licensedunder this Article shall notify the Department immediately upon the death ofany resident of the facility that occurs within seven days of physicalrestraint of the resident, and shall notify the Department within three days ofthe death of any resident of the facility resulting from violence, accident,suicide, or homicide. The Department may assess a civil penalty of not lessthan five hundred dollars ($500.00) and not more than one thousand dollars ($1,000)against a facility that fails to notify the Department of a death and thecircumstances surrounding the death known to the facility. Chapter 150B of theGeneral Statutes governs the assessment of a penalty under this section. Acivil penalty owed under this section may be recovered in a civil actionbrought by the Department or the Attorney General. The clear proceeds of thepenalty shall be remitted to the State Treasurer for deposit in accordance withState law.
(b) Upon receipt ofnotification from a facility in accordance with subsection (a) of this section,the Department shall notify the State protection and advocacy agency designatedunder the Developmental Disabilities Assistance and Bill of Rights Act 2000,P.L. 106‑402, that a person with a disability has died. The Departmentshall provide the agency access to the information about each death reported tothe agency 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 aresident of the facility occurs within seven days of the use of physicalrestraint, the Department shall initiate immediately an investigation of thedeath.
(d) Nothing in thissection abrogates State or federal law or requirements pertaining to theconfidentiality, privilege, or other prohibition against disclosure ofinformation provided to the Department or the agency. In carrying out therequirements of this section, the Department 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.
(e) The Secretary shallestablish a standard reporting format for reporting deaths pursuant to thissection and shall provide to facilities subject to this section a form for thefacility's use in complying with this section. (2000‑129, s. 5(a); 2007‑323, ss. 19.1(g),(h).)
(a) A facility licensedunder this Article shall notify the Department immediately upon the death ofany resident of the facility that occurs within seven days of physicalrestraint of the resident, and shall notify the Department within three days ofthe death of any resident of the facility resulting from violence, accident,suicide, or homicide. The Department may assess a civil penalty of not lessthan five hundred dollars ($500.00) and not more than one thousand dollars ($1,000)against a facility that fails to notify the Department of a death and thecircumstances surrounding the death known to the facility. Chapter 150B of theGeneral Statutes governs the assessment of a penalty under this section. Acivil penalty owed under this section may be recovered in a civil actionbrought by the Department or the Attorney General. The clear proceeds of thepenalty shall be remitted to the State Treasurer for deposit in accordance withState law.
(b) Upon receipt ofnotification from a facility in accordance with subsection (a) of this section,the Department shall notify the State protection and advocacy agency designatedunder the Developmental Disabilities Assistance and Bill of Rights Act 2000,P.L. 106‑402, that a person with a disability has died. The Departmentshall provide the agency access to the information about each death reported tothe agency 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 aresident of the facility occurs within seven days of the use of physicalrestraint, the Department shall initiate immediately an investigation of thedeath.
(d) Nothing in thissection abrogates State or federal law or requirements pertaining to theconfidentiality, privilege, or other prohibition against disclosure ofinformation provided to the Department or the agency. In carrying out therequirements of this section, the Department 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.
(e) The Secretary shallestablish a standard reporting format for reporting deaths pursuant to thissection and shall provide to facilities subject to this section a form for thefacility's use in complying with this section. (2000‑129, s. 5(a); 2007‑323, ss. 19.1(g),(h).)
