(a)  An application for the operation of an agency premises shall be submitted to the Department prior to the scheduling of an initial licensure survey or the issuance of a license.  The agency shall establish, maintain and make available for inspection such documents, records and policies as required in this Section and statistical data sufficient to complete the licensure application and upon request of the Department, to submit an annual data report, as noted in Rule .1002(b) of this Subchapter. If the applicant cannot demonstrate to the Division of Health Service Regulation that he or she has ever owned or operated a home care agency prior to submission of the application, the Division shall not issue a license until the applicant has received training approved by the Division which shall include the requirements for licensure, the licensure process, and the rules pertaining to the operation of a home care agency. 

(b)  The Department shall issue a license to each agency premises.  Initial and ongoing licensure inspections may include all premises of an agency.  Licensure shall be for a period of one year.  Each license shall expire at midnight on the expiration date on the license and is renewable upon application.

(c)  The license shall be posted in a prominent location accessible to public view within the premises.  The agency shall also post a sign at the public access door with the agency name.

(d)  The license shall be issued for the premises and persons named in the application and shall not be transferable.  The name and street address under which the agency operates shall appear on the license.  The license shall reflect the services provided by the agency.

(e)  Prior to change of ownership or the establishment of a new agency, the agency must be in compliance with all the applicable statutes and rules.  If the agency is authorized to provide Medicare certified Home Health Services, it shall also be in compliance with statutes and rules established under G.S. 131E, Article 9.

(f)  The licensee shall notify the Department in writing of any proposed change in ownership or name at least 30 days prior to the effective date of the change.

(g)  Any agency adding a new service category as outlined in G.S. 131E-136(3)(a) through (f) shall notify the Department in writing at least 30 days prior to the provision of that service to any clients.  The Department shall approve the added service upon determining the agency is in compliance with the rules specific to the service being provided as contained in Section .1100 of this Subchapter.

(h)  An agency shall notify the Department in writing if it discontinues or is unable to provide for a period of six continuous months any service category as outlined in G.S. 131E-136(3)(a) through (f) that is listed on the agency's license.


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

Eff. July 1, 1992;

Amended Eff. February 1, 1996; May 1, 1993;

Temporary Amendment Eff. April 1, 2006;

Amended Eff. November 1, 2006;

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