(a)  The agency shall be in compliance with all applicable federal, state, and local laws, rules, and regulations including Title XI Part A Section 1128B of the Social Security Act - Criminal penalties for acts involving Federal health care programs.  A failure to comply with Federal law may subject the agency to civil or criminal penalties as set forth in 42 U.S.C. §1320a-7a - Making or causing to be made false statements or representations - and 42 U.S.C. §1320a-7b - Illegal remunerations.

(b)  Staff of the agency shall be currently licensed or registered in accordance with applicable laws of the State of North Carolina.

(c)  Nothing in this Rule shall prohibit the Department from conducting inspections as provided for in Rule .0904 of this Section.

(d)  Any agency deemed to be in compliance by virtue of accreditation by one of the specified accrediting bodies listed in G.S. 131E-138(g) shall submit to the Department a copy of its accreditation report within 30 days after the agency receives its report each time it is surveyed by the accrediting body.  The agency shall notify the Department of any action taken that affects its accreditation status, either temporarily or permanently.  The Department may conduct annual validation surveys to assure compliance.


History Note:        Authority G.S. 131E-138; 131E‑140;

Eff. July 1, 1992;

Amended Eff. October 1, 2006; February 1, 1996;

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