NC Register Volume 21 Issue 09 - Office of Administrative Hearings

More documents

Recommendations

Info

APPROVED RULES 11 NCAC 05A .0302 20:16 NCR 11 NCAC 05A .0501* 20:16 NCR 11 NCAC 05A .0503 20:16 NCR 11 NCAC 05A .0504-.0508* 20:16 NCR 11 NCAC 05A .0510-.0512* 20:16 NCR 11 NCAC 10 .0801-.0804 20:24 NCR 11 NCAC 10 .0806 20:24 NCR 11 NCAC 10 .0901-.0903 20:24 NCR 11 NCAC 10 .0906-.0907 20:24 NCR 11 NCAC 10 .1701-.1702 20:24 NCR 15A NCAC 10D .0103* n/a G.S. 150B-21.5(a)(5) 15A NCAC 18C .1523 20:20 NCR 16 NCAC 06D .0305* 20:14 NCR 21 NCAC 14H .0112-.0113 20:19 NCR 21 NCAC 14H .0120* 20:19 NCR 21 NCAC 16M .0102 20:24 NCR 21 NCAC 32B .0105* 20:14 NCR 21 NCAC 32B .0106 20:14 NCR 21 NCAC 32B .0312 20:14 NCR 21 NCAC 32B .0314 20:14 NCR 21 NCAC 54 .2006* 20:21 NCR 23 NCAC 02C .0209* 20:20 NCR 23 NCAC 02E .0204* 20:20 NCR 25 NCAC 01C .0601 20:14 NCR 25 NCAC 01C .0903 20:14 NCR 25 NCAC 01J .0801-.0802 20:14 NCR 25 NCAC 01J .0805 20:14 NCR These rules are subject to the next Legislative Session. (See G.S. 150B-21.3(b)(2)) 10A NCAC 26E .0601-.0602 20:24 NCR 10A NCAC 26E .0603* 20:24 NCR These rules are subject to the next Legislative Session. (See S.L. 2002-167, s.3.(c)) 15A NCAC 02E .0611* 20:13 NCR TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN SERVICES 10A NCAC 13D .2309 CARDIO-PULMONARY RESUSCITATION (a) Each facility shall develop and implement a Cardio- Pulmonary Resuscitation (CPR) policy. (b) The policy shall be communicated to all residents or their responsible party prior to admission. (c) Upon admission each resident or his or her responsible party must acknowledge in writing having received a copy of the policy. (d) The policy shall designate an outside emergency medical service provider to be immediately notified whenever an emergency occurs. (e) The policy shall designate the level of CPR that is available using terminology defined by the American Heart Association. American Heart Association terminology is as follows: (1) Heartsaver CPR; (2) Heartsaver Automatic External Defibrillator (AED); (3) Basic Life Support (BLS); or (4) Advanced Cardiac Life Support (ACLS). (f) The facility shall maintain staff on duty 24 hours a day trained by someone with valid certification from the American Heart Association or American Red Cross capable of providing CPR at the level stated in the policy. The facility shall maintain a record in the personnel file of each staff person who has received CPR training. (g) The facility shall have equipment readily available as required to deliver services stated in the policy. (h) The facility shall provide training for staff members who are responsible for providing CPR with regards to the location of resources and measures for self- protection while administering CPR. History Note: Authority G.S. 131E-104; Eff. October 1, 2006. 10A NCAC 13J .0906 COMPLIANCE WITH LAWS (a) The agency shall be in compliance with all applicable federal, state, and local laws, rules, and regulations including Title XI Part A Section 1128B of the Social Security Act - Criminal penalties for acts involving Federal health care 21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006 805
APPROVED RULES programs. A failure to comply with Federal law may subject the agency to civil or criminal penalties as set forth in 42 U.S.C. §1320a-7a - Making or causing to be made false statements or representations - and 42 U.S.C. §1320a-7b - Illegal remunerations. (b) Staff of the agency shall be currently licensed or registered in accordance with applicable laws of the State of North Carolina. (c) Nothing in this Rule shall prohibit the Department from conducting inspections as provided for in Rule .0904 of this Section. (d) Any agency deemed to be in compliance by virtue of accreditation by one of the specified accrediting bodies listed in G.S. 131E-138(g) shall submit to the Department a copy of its accreditation report within 30 days after the agency receives its report each time it is surveyed by the accrediting body. The agency shall notify the Department of any action taken that affects its accreditation status, either temporarily or permanently. The Department may conduct annual validation surveys to assure compliance. History Note: Authority G.S. 131E-138; 131E-140; Eff. July 1, 1992; Amended Eff. October 1, 2006; February 1, 1996. 10A NCAC 13J .1001 AGENCY MANAGEMENT AND SUPERVISION (a) The governing body or its designee shall establish and implement written policies governing agency operation. Such policies shall be available for inspection by the Department. The policies shall include: (1) a description of the scope of services offered; (2) admission and discharge policies; (3) supervision of personnel; (4) development of, and updates to, the plan of care; (5) management of emergency care situations in the home; (6) time frame for completion and return of service records to the agency; (7) personnel qualifications; (8) an organizational chart; (9) program evaluation; (10) employee and client confidentiality; and (11) coordination of and referral to and from other community agencies and resources. (b) The agency shall designate an individual to serve as agency director. The agency director shall have the authority and responsibility for administrative direction of the agency and shall meet one or more of the following qualifications: (1) a health care practitioner as defined in G.S. 90-640(a); (2) an individual who has at least two years of supervisory or management experience in home care or any other provider licensed pursuant to G.S. 131E or G.S. 122C; or (3) an individual who holds a bachelor's degree in health, business or public administration science and has at least one year of supervisory or management experience in home care or other licensed health care program. Such qualifications do not apply with respect to persons acting in the capacity of agency director prior to October 1, 2006. (c) The agency shall designate a person responsible for supervising each type of home care service contained in Section .1100 of this Subchapter that is provided by the agency either directly or by contract. This individual may be the supervisor for one or more home care services and may also serve as the agency director. (d) There shall be written documentation that specifies the responsibilities and authority of the agency director and supervisor. (e) If the position of agency director becomes vacant, the Department shall be notified within five working days in writing of such vacancy along with the name of the replacement, if available. Agency policies shall define the order of authority in the absence of the administrator. (f) The agency shall have the ultimate responsibility for the services provided under its license; however, it may make arrangements with contractors and others to provide services in accordance with Rule .1111 of this Subchapter. (g) An agency shall have written policies which identify the specific geographic area in which the agency provides each service. If an agency plans to expand its geographic service area without opening an additional site, the Department shall be notified in writing 30 days in advance. History Note: Authority G.S. 131E-140; Eff. July 1, 1992; Amended Eff. October 1, 2006; February 1, 1996. 10A NCAC 13J .1107 IN-HOME AIDE SERVICES (a) If an agency provides in-home aide services, the services shall be provided in accordance with the client's plan of care. Agencies participating in the Home and Community Care Block Grant or Social Services Block Grant through the Division of Aging and Adult Services shall comply, for those clients, with the in-home aide service level rules contained in 10A NCAC 06A and 10A NCAC 06X which are hereby incorporated by reference with all subsequent amendments. All other agencies providing in-home aide services shall comply with the provisions in Paragraphs (b) and (c) of this Rule. (b) If the client's plan of care requires the in-home aide to provide extensive assistance to a client who is totally dependent in the activity or requires substantial hands on care and physical support including more than guided maneuvering of limbs or weight bearing assistance, the in-home aide shall be listed on the Nurse Aide Registry pursuant to G.S. 131E-255. However, if the client's plan of care requires the in-home aide to provide only limited assistance to the client which includes hands-on care involving guided maneuvering of limbs with eating, toileting, bathing, dressing, personal hygiene, self monitoring of medications or other non weight bearing assistance, the in-home aide shall not be required to be listed on the Nurse Aide Registry. Agencies shall be in compliance with this Paragraph no later than October 1, 2007. 21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006 806
Page 1 and 2: NORTH CAROLINA REGISTER VOLUME 21
Page 3 and 4: NORTH CAROLINA REGISTER Publication
Page 5 and 6: EXECUTIVE ORDERS EXECUTIVE ORDER NO
Page 7 and 8: IN ADDITION Note from the Codifier:
Page 9 and 10: PROPOSED RULES (c) The individual o
Page 11 and 12: PROPOSED RULES Subchapter through w
Page 13 and 14: PROPOSED RULES be placed into the s
Page 15 and 16: PROPOSED RULES a penalty not been a
Page 17 and 18: PROPOSED RULES Infant Cereal Plain-
Page 19 and 20: PROPOSED RULES (2) A pattern, as re
Page 21 and 22: PROPOSED RULES (E) failure to provi
Page 23 and 24: PROPOSED RULES Notice is hereby giv
Page 25 and 26: PROPOSED RULES (a) improper hot and
Page 27 and 28: PROPOSED RULES consider the issuanc
Page 29 and 30: PROPOSED RULES toothpicks and simil
Page 31 and 32: PROPOSED RULES facilities shall be
Page 33 and 34: PROPOSED RULES (c) Prior to issuanc
Page 35 and 36: PROPOSED RULES (c) (d) (e) (i) (ii)
Page 37 and 38: PROPOSED RULES ice or beverage garn
Page 39 and 40: PROPOSED RULES vegetables shall be
Page 41 and 42: PROPOSED RULES spray-on or wipe-on
Page 43 and 44: PROPOSED RULES (c) The joints betwe
Page 45 and 46: PROPOSED RULES SECTION .0200 - LICE
Page 47 and 48: PROPOSED RULES CEU transcript. RID
Page 49: APPROVED RULES This Section include
Page 53 and 54: APPROVED RULES (2) The dispenser is
Page 55 and 56: APPROVED RULES community as well as
Page 57 and 58: APPROVED RULES Temporary Adoption E
Page 59 and 60: APPROVED RULES (1) The fire departm
Page 61 and 62: APPROVED RULES between March 1 and
Page 63 and 64: APPROVED RULES (D) Horseback riding
Page 65 and 66: APPROVED RULES (D) Camping is restr
Page 67 and 68: APPROVED RULES (C) Harmon Den and S
Page 69 and 70: APPROVED RULES obtain a game lands
Page 71 and 72: APPROVED RULES History Note: Author
Page 73 and 74: APPROVED RULES component parts befo
Page 75 and 76: APPROVED RULES mathematical skills,
Page 77 and 78: APPROVED RULES (e) (B) Six semester
Page 79 and 80: APPROVED RULES which is the highest
Page 81 and 82: RULES REVIEW COMMISSION APPROVAL OF
Page 83 and 84: RULES REVIEW COMMISSION Support Ser
Page 85 and 86: RULES REVIEW COMMISSION Commission
Page 87 and 88: RULES REVIEW COMMISSION Transportat
Page 89 and 90: RULES REVIEW COMMISSION Amend/* Los
Page 91 and 92: RULES REVIEW COMMISSION Amend/* Con
Page 93 and 94: RULES REVIEW COMMISSION Inactive St
Page 95 and 96: CONTESTED CASE DECISIONS Child Care
Page 97 and 98: CONTESTED CASE DECISIONS Christophe
Page 99 and 100: CONTESTED CASE DECISIONS STATE OF N
Page 101 and 102:
CONTESTED CASE DECISIONS "Paraprofe
Page 103 and 104:
CONTESTED CASE DECISIONS (Responden
Page 105 and 106:
CONTESTED CASE DECISIONS (ICF-MR).
Page 107 and 108:
CONTESTED CASE DECISIONS STATE OF N
Page 109 and 110:
CONTESTED CASE DECISIONS P-46 N.C.
Page 111 and 112:
CONTESTED CASE DECISIONS On June 30
Page 113 and 114:
CONTESTED CASE DECISIONS 21. The Go
Page 115 and 116:
CONTESTED CASE DECISIONS 24. Goose
Page 117 and 118:
CONTESTED CASE DECISIONS determined
Page 119 and 120:
CONTESTED CASE DECISIONS 4. Petitio
Page 121 and 122:
CONTESTED CASE DECISIONS 23. The Cl
show all

NC Register Volume 21 Issue 09 - Office of Administrative Hearings

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?