State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-165

Part 10.  North Carolina Medical Care Commission.

§ 143B‑165.  North Carolina Medical CareCommission – creation, powers and duties.

There is hereby created the North Carolina Medical Care Commission ofthe Department of Health and Human Services with the power and duty topromulgate rules and regulations to be followed in the construction andmaintenance of public and private hospitals, medical centers, and relatedfacilities with the power and duty to adopt, amend and rescind rules andregulations under and not inconsistent with the laws of the State necessary tocarry out the provisions and purposes of this Article.

(1)        The North Carolina Medical Care Commission has the duty toadopt statewide plans for the construction and maintenance of hospitals, medicalcenters, and related facilities, or such other as may be found desirable andnecessary in order to meet the requirements and receive the benefits of anyfederal legislation with regard thereto.

(2)        The Commission is authorized to adopt such rules and regulationsas may be necessary to carry out the intent and purposes of Article 13 ofChapter 131 of the General Statutes of North Carolina.

(3)        The Commission may adopt such reasonable and necessarystandards with reference thereto as may be proper to cooperate fully with theSurgeon General or other agencies or departments of the United States and theuse of funds provided by the federal government as contained and referenced inArticle 13 of Chapter 131 of the General Statutes of North Carolina.

(4)        The Commission shall have the power and duty to approveprojects in the amounts of grants‑in‑aid from funds supplied by thefederal and State governments for the planning and construction of hospitalsand other related medical facilities according to the provisions of Article 13of Chapter 131 of the General Statutes of North Carolina.

(5)        Repealed by Session Laws 1981 (Regular Session, 1982), c.1388, s. 3.

(6)        The Commission has the duty to adopt rules and regulationsand standards with respect to the different types of hospitals to be licensedunder the provisions of Article 13A of Chapter 131 of the General Statutes ofNorth Carolina.

(7)        The Commission is authorized and empowered to adopt suchrules and regulations, not inconsistent with the laws of this State, as may berequired by the federal government for grants‑in‑aid for medicalfacility services and licensure which may be made available to the State by thefederal government. This section is to be liberally construed in order that theState and its citizens may benefit from such grants‑in‑aid.

(8)        The Commission shall adopt such rules and regulations,consistent with the provisions of this Chapter. All rules and regulations notinconsistent with the provisions of this Chapter heretofore adopted by the NorthCarolina Medical Care Commission shall remain in full force and effect unlessand until repealed or superseded by action of the North Carolina Medical CareCommission. All rules and regulations adopted by the Commission shall beenforced by the Department of Health and Human Services.

(9)        The Commission shall have the power and duty to adopt rulesand regulations with regard to emergency medical services in accordance withthe provisions of Article 26 of Chapter 130 and Article 56 of Chapter 143 ofthe General Statutes of North Carolina.

(10)      The Commission shall have the power and duty to adopt rulesfor the operation of nursing homes, as defined by Article 6 of Chapter 131E ofthe General Statutes.

(11)      The Commission is authorized to adopt such rules as may benecessary to carry out the provisions of Part C of Article 6, and Article 10,of Chapter 131E of the General Statutes of North Carolina.

(12)      The Commission shall adopt rules, including temporary rulespursuant to G.S. 150B‑13, providing for the accreditation of facilitiesthat perform mammography procedures and for laboratories evaluating screeningpap smears. Mammography accreditation standards shall address, but are notlimited to, the quality of mammography equipment used and the skill levels andother qualifications of personnel who administer mammographies and personnelwho interpret mammogram results. The Commission's standards shall be no lessstringent than those established by the United States Department of Health andHuman Services for Medicare/Medicaid coverage of screening mammography. Theserules shall also specify procedures for waiver of these accreditation standardson an individual basis for any facility providing screening mammography to asignificant number of patients, but only if there is no accredited facilitylocated nearby. The Commission may grant a waiver subject to any conditions itdeems necessary to protect the health and safety of patients, includingrequiring the facility to submit a plan to meet accreditation standards.

(13)      The Commission shall have the power and duty to adopt rulesfor the inspection and licensure of adult care homes and operation of adultcare homes, as defined by Article 1 of Chapter 131D of the General Statutes,and for personnel requirements of staff employed in adult care homes, exceptwhere rule‑making authority is assigned to the Secretary. (1973, c. 476, s. 148; c. 1090, s. 2; c. 1224, s. 3; 1981, c. 614, s.10; 1981 (Reg. Sess.,1982), c. 1388, s. 3; 1983 (Reg. Sess., 1984), c. 1022, s.6; 1987, c. 34; 1991, c. 490, s.4; 1997‑443, s. 11A.118(a); 1999‑334,ss. 3.6, 3.7).