State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-144_6

§ 131E‑144.6.  Enforcement and investigation.

(a)        The Department of Health and Human Services shall beresponsible for enforcing the provisions of this Part. The Department shallinvestigate complaints made to it and reply within a reasonable period of time,not to exceed 60 days.

(a1)      When the Department of Health and Human Services receives acomplaint alleging a violation of the provisions of this Part pertaining toclient care or client safety, the Department shall initiate an investigation asfollows:

(1)        Immediately upon receipt of the complaint if the complaintalleges a life‑threatening situation.

(2)        Within 24 hours if the complaint alleges abuse of a clientas defined by G.S. 131D‑20(1).

(3)        Within 48 hours if the complaint alleges neglect of a clientas defined by G.S. 131D‑20(8).

(4)        Within two weeks in all other situations.

The investigation shall be completed within 30 days. The requirementsof this section are in addition to and not in lieu of any investigatory andreporting requirements for health care personnel pursuant to Article 15 of thisChapter, or for adult protective services pursuant to Article 6 of Chapter 108Aof the General Statutes.

(b)        A home care agency shall investigate, within 72 hours,complaints made to the agency by a home care client or the client's family andmust document both the existence of the complaint and the resolution of thecomplaint. (2005‑276, s.10.40A(n).)