(a)  The Department may suspend the admission of new patients to a facility when warranted under the provisions of G.S. 131E-109(c).

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

(1)           a reference to the statement of deficiencies that contains the facts;

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

(3)           notice of the facility's right to a contested case hearing on the suspension.

(c)  The suspension is effective on the date specified in the notice of suspension.  The suspension shall remain effective until the facility demonstrates to the Department that conditions are no longer detrimental to the health and safety of the patients.

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

(e)  Patients requiring hospitalization during the period of suspension of admissions shall be readmitted after hospitalization or on return from temporary care to the facility based on the availability of a bed and the ability of the facility to provide necessary care.  Upon return from the hospital, the requirements of G.S. 131E-130 apply.


History Note:        Authority G.S. 131E-104;

Eff. January 1, 1996;

Amended Eff. January 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 22, 2015.