(a)  The Department may amend a license, pursuant to G.S. 131E-78, by suspending the admission of any new patients to any facility when the conditions in the facility are detrimental to the health or safety of the patients in the facility.

(b)  The Department shall notify the facility by registered or certified mail or by personal service of the decision to suspend admissions. Such notice will include:

(1)           the period of the suspension;

(2)           factual allegations;

(3)           citation of statutes and rules alleged to be violated; and

(4)           notice of the facility's right to a contested case hearing.

(c)  The suspension shall be effective when the notice is served or on the date specified in the notice of suspension, whichever is later. The suspension shall remain effective for the period specified in the notice or until the facility demonstrates to the Department that conditions are no longer detrimental to the health and safety of the patient.

(d)  The facility shall not admit new patients during the effective period of the suspension.


History Note:        Authority G.S. 131E-79;

Eff. January 1, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2017.