Nursing Home Rules
The N.C. Medical Care Commission is proposing to amend two rules and repeal one rule for the Rules for the Licensing of Nursing Homes in 10A NCAC 13D for ventilator assisted care to be consistent with the federal regulations for Nursing Homes for individuals with this type of care need.
There is an identified need for more ventilator assisted care units in nursing homes as currently, access to care for these residents is challenging with there being only three Nursing Homes in the State providing residents ventilator assisted care. Incorporating the requirements in the Code of Federal Regulations (CFR) in the proposed rule amendments eliminates the differences in the standards between the State licensure rules and the CFR. The requirements in the proposed rule amendments will be broadened to allow more access for ventilator assisted care service in Nursing Homes and the requirements will be up to date, relevant, and backed by research.
The proposed rule amendments include definitions clarifying technical changes and the deletion of a definition due to its update and relocation to Rule 10A NCAC 13D .3003. The rules revise the requirements for the administration of respiratory care including respiratory therapists’ scope of practice in accordance to statute. Direct care nursing personnel staffing ratios have been relocated and incorporated into one rule. The requirements for the qualifications and responsibilities of the pulmonary physician have been updated, relocated and incorporated into amended Rule 10A NCAC 13D .3003; therefore, Rule 10A NCAC 13D .2506 is being repealed as the requirements in the rule are redundant and no longer needed.
- Notification of proposed amendment/repeal of rules
- Notification of proposed amendment/repeal of rules – revised June 29, 2020
- Proposed Effective Date: January 1, 2021
- Public Comment Period: June 15, 2020 – August 14, 2020
Comments may be submitted by:- Email: [email protected]
- Mail: Nadine Pfeiffer, Division of Health Service Regulation, 809 Ruggles Drive, 2701 Mail Service Center, Raleigh, NC 27699-2701
- Public Hearing:
- Date: July 14, 2020
- Time: 10:00 a.m.
- Teleconference: 1-877-848-7030; Access Code: 5133201
- The fiscal note was approved by:
- OSBM on March 12, 2020
- N.C. Medical Care Commission on May 15, 2020
- Fiscal note
- Federal Certification required by GS 150B-19.1(g)
- The notice of text as approved by the N.C. Medical Care Commission on May 15, 2020:
- Public Comments
- Technical Changes
- These rules were approved by the Rules Review Commission on December 17, 2020;
- 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.
- The effective date of these rules is January 1, 2021.