State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-112

§ 131E‑112.  Waiver ofrules for health care facilities that provide temporary shelter or temporaryservices during a disaster or emergency.

(a)        The Division ofHealth Service Regulation may temporarily waive, during disasters oremergencies declared in accordance with Article 1 of Chapter 166A of theGeneral Statutes, any rules of the Commission pertaining to facilities or homecare agencies to the extent necessary to allow the facility or home care agencyto provide temporary shelter and temporary services requested by the emergencymanagement agency. The Division may identify, in advance of a declared disasteror emergency, rules that may be waived, and the extent the rules may be waived,upon a disaster or emergency being declared in accordance with Article 1 ofChapter 166A of the General Statutes. The Division may also waive rules underthis subsection during a declared disaster or emergency upon the request of anemergency management agency and may rescind the waiver if, after investigation,the Division determines the waiver poses an unreasonable risk to the health,safety, or welfare of any of the persons occupying the facility. The emergencymanagement agency requesting temporary shelter or temporary services shallnotify the Division within 72 hours of the time the preapproved waivers aredeemed by the emergency management agency to apply.

(b)        As used in thissection, "emergency management agency" is as defined in G.S. 166A‑4(2).(1999‑307,s. 1; 2007‑182, s. 1.)