10A NCAC 13J .0904       INSPECTIONS

(a)  Any agency licensed by the Department shall be subject to proper inspections by authorized representatives of the Department at any time as a condition of holding such license.

(b)  Any organization subject to licensure which presents itself to the public as a home care agency, which does not hold a license, and is or may be in violation of Rule .0902 of this Section and G.S. 131E‑138 shall be subject to inspections at any time by authorized representatives of the Department.

(c)  Authorized representatives of the Department shall make their identities known to the person in charge prior to inspection.

(d)  Inspection of service records shall be carried out in accordance with G.S. 131E‑141(b).

(e)  An inspection shall be considered proper whenever the purpose of the inspection is to determine whether the agency complies with the provisions of this Subchapter or whenever there is reason to believe that some condition exists which is not in compliance with the rules in this Subchapter.  The agency shall allow immediate access to its premises and the records necessary to conduct an inspection and determine compliance with the rules of this Subchapter.  Failure to do so shall result in termination of the survey and may result in injunctive relief as outlined in G.S. 131E-142(b).

(f)  An agency shall file a plan of correction for cited deficiencies within 10 working days of receipt.  The Department shall review and respond to a written plan of correction within 10 working days of receipt.

(g)  Representatives of the Department may visit clients in their homes to assess the agency's compliance with the clients' plans of care and with the licensure rules.  Clients will be contacted by the agency staff in the presence of Department staff for permission to visit.

History Note:        Authority G.S. 131E‑140;

Eff. July 1, 1992;

Amended Eff. February 1, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 25, 2016.