State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-102

§ 131E‑102.  Licensurerequirements.

(a)        No person shalloperate a nursing home without a license obtained from the Department. Anyperson may operate a nursing home or a combination home, as defined in thisPart, in the same building or in two or more buildings adjoining or next toeach other on the same site. Both a nursing home and a combination home must belicensed by the Department under this Part.

(b)        Applications shallbe available from the Department, and each application filed with theDepartment shall contain all necessary and reasonable information that theDepartment may by rule require. A license shall be granted to the applicantupon a determination by the Department that the applicant has complied with theprovisions of this Part and the rules promulgated under this Part. TheDepartment shall charge the applicant a nonrefundable annual license fee in theamount of four hundred twenty dollars ($420.00) plus a nonrefundable annual per‑bedfee of seventeen dollars and fifty cents ($17.50).

(c)        A license tooperate a nursing home shall be annually renewed upon the filing and theDepartment's approval of the renewal application. A license shall not berenewed if outstanding fees and penalties imposed by the State against the homehave not been paid. Fines and penalties for which an appeal is pending areexempt from consideration. The renewal application shall be available from theDepartment and shall contain all necessary and reasonable information that theDepartment may by rule require.

(d)        Each license shallbe issued only for the premises and persons named in the application and shallnot be transferable or assignable except with the written approval of theDepartment.

(e)        In order for anursing home to maintain its license it shall not intentionally impede theproper performance of the duties of a lawfully appointed community advisorycommittee as set forth in G.S. 131E‑128(h).  (1961, c. 51, s. 3; 1963, c.859; 1983, c. 775, s. 1; 1993, c. 530, s. 1; 2003‑284, s. 34.3(a); 2005‑276,s. 41.2(c); 2009‑451, s. 10.76(g).)