Nursing Home Rules
Rule 10A NCAC 13D .2111, Administrative Penalty Determination Process, has been modified to be consistent with changes to G.S. 131E-129, which was amended in 2011. Rule 10A NCAC 13D .2402. Preservation of Medical Records, has been updated and the length of time for record storage for discontinued facilities was reduced to lessen the burden upon licensed facilities. This change makes the licensure rule consistent with the federal record retention requirement for nursing homes that participate in Medicare and Medicaid.
Additionally, over the past 16 years, significant changes have been made in the design and construction of nursing home facilities. In particular, the nursing home industry is moving away from an institutional model of facility design to a household model. In the household model, 15 to 30 people live in one housing unit with patient rooms clustered around a small kitchen, dining room and living area, which are open to the corridor. Decentralized kitchens and small dining rooms help to create the feeling of a home. This "culture change" movement toward the household model of design is very strong in the United States today.
All of the proposed rule changes were made in collaboration with stakeholders such as the Construction and Nursing Home Licensure and Certification Sections of the North Carolina Division of Health Service Regulation, the North Carolina Division of Aging and Adult Services, the State Long Term Care Ombudsman, the North Carolina Health Care Facilities Association, the Society for the Advancement of Gerontological Environments (SAGE), the North Carolina Coalition for Long Term Care Enhancement, architects and engineers, and nursing home providers. The proposed changes allow for innovations in nursing home facility design, update the rules for technical changes, clarify and modify rule language to align with current standards of practice, and align rule language with current administrative procedures.
- Notification of proposed rules for amendment and repeal (PDF, 7.33 MB)
- Proposed Effective Date: July 1, 2014
- Public Comment Period: December 16, 2013 - February 14, 2014
Comments may be submitted by:- Email: [email protected];
- Fax: 919-733- 9379;
- Public Hearing
- Date: February 11, 2014
- Time: 10:00 a.m.
- Location: Wright Building, 1201 Umstead Drive, Raleigh, NC 27603.
- Mail: Megan Lamphere, Division of Health Service Regulation, 2719 Mail Service Center, Raleigh, NC 27699-2719;
- Memo Extending the Public Comment Period (PDF, 57 KB)
- Extended Public Comment Period: March 12, 2014 - May 10, 2014
Comments may be submitted by:- Email: [email protected];
- Fax: 919-733- 9379;
- Public Hearing
- Date: April 29, 2014
- Time: 10:00 a.m.
- Location: Wright Building, Room 131, 1201 Umstead Drive, Raleigh, NC 27603.
- Mail: Megan Lamphere, Division of Health Service Regulation, 2719 Mail Service Center, Raleigh, NC 27699-2719;
- The fiscal note was approved by OSBM on 8/22/2013 and 10/30/2013 and approved by the N.C. Medical Care Commission on 11/15/2013
- Rule Fiscal Note (PDF, 197 KB)
- Federal Certification required by G.S. 150B-19.1(g)
- Not applicable for this rule
- The notice of text as approved by the N.C. Medical Care Commission, 11/15/2013
- Proposed 10A NCAC 13D .2111 (PDF, 25 KB)
- Proposed 10A NCAC 13D .2402 (PDF, 16 KB)
- Proposed 10A NCAC 13D .3101 (PDF, 20 KB)
- Proposed 10A NCAC 13D .3103 (PDF, 10 KB)
- Proposed 10A NCAC 13D .3104 (PDF, 17 KB)
- Proposed 10A NCAC 13D .3201 (PDF, 36 KB)
- Proposed 10A NCAC 13D .3202 (PDF, 10 KB)
- Proposed 10A NCAC 13D .3301-.3302 (PDF, 9 KB)
- Proposed 10A NCAC 13D .3401 (PDF, 20 KB)
- Proposed 10A NCAC 13D .3402 (PDF, 32 KB)
- Proposed 10A NCAC 13D .3403 (PDF, 12 KB)
- Proposed 10A NCAC 13D .3404 (PDF, 26 KB)
- OSBM Certification Date: 10/30/2013
- Procedure for subjecting a proposed rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.