Nursing Home Hearings, Transfers and Discharges Rules
Pursuant to GS 150B-21.3A, Periodic Review and Expiration of Existing Rules, all rules are reviewed at least every 10 years or they shall expire. As a result of the periodic review of subchapter 10A NCAC 14A, Director, Division of Health Service Regulation, Rulemaking, three rules were determined as "Necessary With Substantive Public Interest," in Section .0300 of these rules, thus requiring readoption. Substantive revisions have been made to these rules to clarify, update, and delete unnecessary definitions. A definition for the "Hearing Unit" was added and the federal definition for "Notice" was referenced. The rules clarified through incorporation by reference that the appeals process and hearings procedures for a nursing home resident transfer or discharge are held in accordance with the rules in 10A NCAC 22H.
- Notification of proposed readoption of rules (PDF, 214 KB)
- Proposed Effective Date: January 1, 2019
- Public Comment Period: June 15, 2018 - August 14, 2018
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: August 8, 2018
- Time: 2:00 p.m.
- Location: Room 104, Brown Building, 801 Biggs Drive, Raleigh, NC 27603
- The fiscal note was approved by OSBM on 2/16/2018 and was
approved by the N.C. Medical Care Commission on 5/10/2018.
- Rule Fiscal Note (PDF, 280 KB)
- Federal Certification required by G.S. 150B-19.1(g)
- Federal Certification (PDF, 160 KB)
- Federal Regulation 42 CFR 483.5 (PDF, 415 KB)
- Federal Regulation 42 CRF 483.15 (PDF, 512 KB)
- Federal Regulation 42 USC 1395i-3 (PDF, 3.26 MB)
- Federal Regulation 42 USC 1396 (PDF, 3.59 MB)
- The notice of text as approved by the N.C. Medical Care Commission, 5/10/2018
- Proposed 10A NCAC 14A .0301 (PDF, 90 KB)
- Proposed 10A NCAC 14A .0302 (PDF, 77 KB)
- Proposed 10A NCAC 14A .0303 (PDF, 74 KB)
- Public Comments
- Report of public hearing that was held on August 8, 2018 (PDF, 149 KB)
- Laura Jett (PDF, 80 KB)
- Renee Kea (PDF, 109 KB)
- Technical changes
- 10A NCAC 14A .0301 (PDF, 92 KB)
- 10A NCAC 14A .0302 (PDF, 78 KB)
- 10A NCAC 14A .0303 (PDF, 76 KB)
- These rules were approved by the Rules Review Commission on 12/13/2018
- 10A NCAC 14A .0301 (PDF, 10 KB)
- 10A NCAC 14A .0302 (PDF, 7 KB)
- 10A NCAC 14A .0303 (PDF, 7 KB)
- 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.