§ 131D-2.7. Provisional license; license revocation; summary suspension of license; suspension of admission.
§ 131D‑2.7. Provisionallicense; license revocation; summary suspension of license; suspension ofadmission.
(a) ProvisionalLicense. Except as otherwise provided in this section, the Department mayamend a license by reducing it from a full license to a provisional license fora period of not more than 90 days whenever the Department finds that:
(1) The licensee hassubstantially failed to comply with the provisions of Articles 1 and 3 of thisChapter and the rules adopted pursuant to these Articles;
(2) There is areasonable probability that the licensee can remedy the licensure deficiencieswithin a reasonable length of time; and
(3) There is areasonable probability that the licensee will be able thereafter to remain incompliance with the licensure rules for the foreseeable future.
The Department may extend aprovisional license for not more than one additional 90‑day period uponfinding that the licensee has made substantial progress toward remedying thelicensure deficiencies that caused the license to be reduced to provisionalstatus.
The Department also may issuea provisional license to a facility, pursuant to rules adopted by the MedicalCare Commission, for substantial failure to comply with the provisions of thissection or rules adopted pursuant to this section. Any facility wishing tocontest the issuance of a provisional license shall be entitled to anadministrative hearing as provided in the Administrative Procedure Act, Chapter150B of the General Statutes. A petition for a contested case shall be filedwithin 30 days after the Department mails written notice of the issuance of theprovisional license.
(b) License Revocation. The Department may revoke a license whenever:
(1) The Department findsthat:
a. The licensee hassubstantially failed to comply with the provisions of Articles 1 and 3 of thisChapter and the rules adopted pursuant to these Articles; and
b. It is not reasonablyprobable that the licensee can remedy the licensure deficiencies within areasonable length of time; or
(2) The Department findsthat:
a. The licensee hassubstantially failed to comply with the provisions of Articles 1 and 3 of thisChapter and the rules adopted pursuant to these Articles; and
b. Although thelicensee may be able to remedy the deficiencies within a reasonable time, it isnot reasonably probable that the licensee will be able to remain in compliancewith licensure rules for the foreseeable future; or
c. The licensee hasfailed to comply with the provisions of Articles 1 and 3 of this Chapter and therules adopted pursuant to these Articles, and the failure to comply endangeredthe health, safety, or welfare of the patients in the facility.
(c) Summary Suspension. The Department may summarily suspend a license pursuant to G.S. 150B‑3(c)whenever it finds substantial evidence of abuse, neglect, exploitation, or anycondition which presents an imminent danger to the health and safety of anyresident of the home. Any facility wishing to contest summary suspension of alicense shall be entitled to an administrative hearing as provided in theAdministrative Procedure Act, Chapter 150B of the General Statutes. A petitionfor a contested case shall be filed within 20 days after the Department mails anotice of summary suspension to the licensee.
(d) Suspension ofAdmissions.
(1) In addition to theadministrative penalties described in this Article, the Secretary may suspendthe admission of any new residents to an adult care home where the conditionsof the adult care home are detrimental to the health or safety of theresidents. This suspension shall be for the period determined by the Secretaryand shall remain in effect until the Secretary is satisfied that conditions orcircumstances merit removing the suspension.
(2) In imposing asuspension under this section, the Secretary shall consider the followingfactors:
a. The degree ofsanctions necessary to ensure compliance with this section and rules adoptedhereunder; and
b. The character anddegree of impact of the conditions at the home on the health or safety of itsresidents.
(3) The Secretary ofHealth and Human Services shall adopt rules to implement this section.
(4) Any facility wishingto contest a suspension of admissions shall be entitled to an administrativehearing as provided in the Administrative Procedure Act, Chapter 150B of theGeneral Statutes. A petition for a contested case shall be filed within 20 daysafter the Department mails a notice of suspension of admissions to thelicensee. (2009‑462,s. 1(e).)