State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-138

§ 131E‑138.  Licensurerequirements.

(a)        No person orgovernmental unit shall operate a home care agency without a license obtainedfrom the Department. Nothing in this Part shall be construed to extend ormodify the licensing of individual health professionals by the licensing boardsfor their professions or to create any new professional license category.

(b)        Repealed by SessionLaws 1991, c. 59, s. 1.

(c)        An application fora license shall be available from the Department, and each application filedwith the Department shall contain all information requested by the Department.A license shall be granted to the applicant upon a determination by theDepartment that the applicant has complied with the provisions of this Part andthe rules promulgated by the Commission under this Part. The Department shallcharge the applicant a nonrefundable annual license fee in the amount of fivehundred ten dollars ($510.00).

(d)        The Departmentshall renew the license in accordance with the rules of the Commission.

(e)        Each license shallbe issued only for the premises and persons named in the license and shall notbe transferable or assignable except with the written approval of theDepartment.

(f)         The license shallbe posted in a conspicuous place on the licensed premises.

(g)        The Commissionshall adopt rules to ensure that a home care agency shall be deemed to meet thelicensure requirements and issued a license without further review orinspection if: (i) the agency is already certified or accredited by the JointCommission on Accreditation of Health Care Organizations, National League forNursing, National Home Caring Council, North Carolina Accreditation Commissionfor In‑Home Aide Services, or other entities recognized by the Commissionand (ii) the agency is certified or accredited for all of the home careservices that it provides; or (iii) in the case of continuing care retirementcommunities licensed by the North Carolina Department of Insurance underArticle 64 of Chapter 58 which also have nursing beds licensed by theDepartment of Health and Human Services under Article 6 of Chapter 131E, theDepartment certifies, as part of its licensure review or survey of the nursingbeds, that the facility also meets all of the rules and regulations adopted bythe Commission pursuant to this Part. The Department may, at its discretion,determine the frequency and extent of the review and inspection of home healthagencies already certified as meeting federal requirements, but not morefrequently than on an annual basis for routine reviews.  (1971, c. 539, s. 1; 1973,c. 476, s. 128; 1983, c. 775, s. 1; 1991, c. 59, s. 1; c. 761, s. 34; 1997‑443,s. 11A.118(a); 2003‑284, s. 34.4(a); 2005‑276, s. 41.2(d); 2008‑127,s. 2; 2009‑451, s. 10.76(d).)