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Initial Licensure Process, Survey Types & Licensure Action

This article provides an overview of the initial licensure process for adult care homes, including survey types, licensure actions, and the impact of prior violations on licensure. It also covers the regulatory authority and license renewal process.

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Initial Licensure Process, Survey Types & Licensure Action

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  1. Initial Licensure Process, Survey Types & Licensure Action Adult Care Licensure Section

  2. Process Regulatory Authority § 131D-2.5.  License and registration fees. § 131D-2.4.  Licensure of adult care homes for aged and disabled individuals; impact of prior violations on licensure; compliance history review; license renewal. § 131D-4.6.  Licensure of special care units Initial Licensure • 6 month initial license • Full license issued upon survey recommendation • Initial license expiration • Initial license extension request • Change of Ownership

  3. Observation, Interviews and Record Reviews Regulatory Authority § 131D-2.11.  Inspections, monitoring, and review by State agency and county departments of social services. Survey Process Adult care homes and family care homes are required to comply with state rules and statutes to maintain a license to operate. The goal of the survey process is to ensure the health, safety and welfare of persons receiving services in adult care homes. The intent of the survey process is to effectively and efficiently identify the facility’s compliance status. The survey process focuses on the quality of care and life provided by adult care homes.

  4. Annual/Biennial Survey • Follow-Up Survey • Complaint Investigations • Initial Survey Survey Types

  5. Most Severe Hierarchy of Licensure Actions Least Severe

  6. The Department may suspend the admission of any new residents to an adult care home where the conditions of the adult care home are detrimental to the health or safety of the residents. • New residents are not to be admitted during the effective date of the suspension. • 6-month wait before licensee or any stockholder with 5% interest or more obtain a new license. Suspension of AdmissionsN.C. G.S. 131D-2.7(d)

  7. There is a reasonable probability that the licensee can remedy the licensure deficiencies within a reasonable length of time; and • There is reasonable probability that the licensee will be able thereafter to remain in compliance with the licensure rules for the foreseeable future. • If a facility comes back into compliance, a full license is issued. • If a facility fails to come back into compliance and no appeal is filed, the license expires. • 6-month wait before licensee or any stockholder with 5% interest or more may obtain a new license. Provisional LicenseN.C. G.S. 131D-2.7(a)

  8. The licensee has substantially failed to comply with the licensure statutes and rules; and • It is not reasonably probable that the licensee can remedy the licensure deficiencies within a reasonable length of time. • The failure to comply endangered the health, safety, or welfare of the residents. • HUB Alert when Revocation in Effect issued • Facility loses its license to operate, beds are lost • 5 year wait before licensee or any stockholder with 5% interest or more may obtain a new license. License Revocation N.C. G.S. 131D-2.7(b)

  9. The Department may summarily suspend a license pursuant to G.S. 150B-3(c) whenever it finds substantial evidence of abuse, neglect, exploitation, or any condition which presents an imminent danger to the health and safety of any resident of the home. • In almost every case, the Department will begin revocation of the facility’s license. • Discussion with attorneys in policy. • A HUB alert is issued. • County DSS responsible for relocation of residents. • 5 year wait before licensee or any stockholder with 5% interest or more may obtain a new license. Summary Suspension N.C. G.S. 131D-2.7(c)

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