§ 131E-239. Plan for correction of deficiencies in excess of one thousand dollars ($1,000).
§ 131E‑239. Planfor correction of deficiencies in excess of one thousand dollars ($1,000).
(a) If the temporary manager determines that it is necessary tocorrect a deficiency or deficiencies in the structure or furnishings reasonablyestimated by the temporary manager to cost in excess of one thousand dollars($1,000), the temporary manager shall submit to the court a written plan thatcontains the following:
(1) A description of the deficiency or deficiencies that requirecorrection;
(2) A description of the method proposed by the temporarymanager for correction of the deficiency or deficiencies; and
(3) An estimate of the cost of the correction or corrections.
(b) A copy of the plan shall be served upon the Department andthe respondent on the same day that it is submitted to the court.
(c) If the Department or respondent makes a written request fora hearing within seven days after the submission of the plan to the court, ahearing on the proposed plan of correction shall be held. If a hearing is requestedby a party, the hearing shall be held within 14 days of the written request. The Department, respondent, and temporary manager shall have the opportunity topresent evidence at the hearing regarding the proposed plan. Upon hearing theevidence, the court may approve the plan, modify the plan, or, if the courtdetermines as a result of the evidence that the alleged deficiency does notrequire correction, it may reject the plan. If no party requests a hearing onthe plan in accordance with this subsection, the court may order the temporarymanager to proceed to implement the plan.
(d) In the event of an emergency situation involving thestructure or furnishings of the facility the correction of which will cost inexcess of one thousand dollars ($1,000) and where failure to correct thesituation immediately will likely result in serious physical harm or death toresidents, the temporary manager may proceed to correct the situation in themost economical and efficient manner under the circumstances without priorcourt approval of a plan. If the court later determines pursuant to G.S. 131E‑244(b)that the expenditure was not necessary or reasonable under the circumstances,payment for the expenditure or any part determined to be unreasonable orunnecessary by the court, must be paid from the contingency fund described inG.S. 131E‑242. If the payment was initially made by the temporarymanager from the contingency fund, the respondent shall have no obligation torepay those funds to the contingency fund upon a finding that the expenditurewas unreasonable or unnecessary. If the payment was initially made by thetemporary manager from operating revenues of the facility, the respondent shallbe entitled to repayment of those amounts from the contingency fund. (1993, c. 390, s. 1.)