SECTION .0300 ‑ HEARINGS:  TRANSFERS AND DISCHARGES

 

10A NCAC 14A .0301       DEFINITIONS

The following definitions will apply throughout this Subchapter:

(1)           "Agency" means the Hearing Officer and his office in the Division of Health Service Regulation, Department of Health and Human Services.

(2)           "Dismissal" means the dismissal of a request for a hearing if:

(a)           the applicant withdraws the request in writing; or

(b)           the applicant fails to appear at a scheduled hearing without good cause.

(3)           "Division" means the North Carolina Division of Health Service Regulation of the Department of Health and Human Services.

(4)           "Facility" means a nursing facility which meets the requirements of the Social Security Act as defined in 42 CFR 483.5.

(5)           "Hearing Officer" means the person designated to preside over hearings between residents and nursing facility providers regarding transfers and discharges.

(6)           "Notice" means a written notification of transfer or discharge by the facility to the resident and either an immediate family member, if known, or if an immediate family member is not known, the authorized representative.  The resident shall be handed the notice on the same day that it is dated.  The notice must include:

(a)           reason for the transfer or discharge;

(b)           the effective date of the transfer or discharge;

(c)           the location to which the resident is transferred or discharged;

(d)           statement that the resident has the right to appeal to the Hearing Officer;

(e)           the name, address, and telephone number of the state Long‑Term Care Ombudsman;

(f)            for nursing facility residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under Part C of the Developmental Disabilities Assistance and Bill of Rights Act;

(g)           for nursing facility residents who are mentally ill, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established under the Protection and Advocacy for Mentally Ill Individuals Act;

(h)           statement that the resident has the right to review his records not later than five days prior to a hearing; and

(i)            statement that the appeal will be at no cost to the resident.

(7)           "Request for a Hearing" means a clear expression, in writing, by the resident or either an immediate family member, if known, or if an immediate family member is not known, the authorized representative, that he wants the opportunity to present his case to the hearing officer.  The "Request for Hearing Form" will suffice as a clear, expression, in writing, that a hearing is desired.

(8)           "Request for Hearing Form" means a form which is to be given to the resident and either an immediate family member, if known, or if an immediate family member is not known, the authorized representative, simultaneously with the Notice of Transfer or Discharge.  The request for hearing form must include at the least:

(a)           the date of Notice of Transfer or Discharge;

(b)           the date to be transferred or discharged;

(c)           Division of Health Service Regulation's correct mailing address and phone number;

(d)           resident's name, address, telephone number, and social security number;

(e)           the nursing facility's name and address;

(f)            name, address, and telephone number of authorized representative; and

(g)           space to elect the option of a hearing by telephone or in person.

(9)           "Resident" means any person who is receiving treatment or long‑term care in a facility.

(10)         "Serve" or "Service" means personal delivery, delivery by first class or certified United States Postal Service mail or delivery by licensed overnight express mail, postage prepaid and addressed to the party at his or her last known address.  Service by mail or licensed overnight express mail is complete upon placing the item to be served, enclosed in a wrapper addressed to the person to be served, in an official depository of the United States Postal Service or upon delivery, postage prepaid and wrapped in a wrapper addressed to the person to be served, to an agent of the overnight express mail service.  For purposes of service on the Division, the Hearing Officer of the Division shall be the designated agent.

 

History Note:        Authority 42 U.S.C.S. 1396r(e)(3) and (f)(3); 42 C.F.R. 483.5; 42 C.F.R. 483.12; G.S. 143B‑165(10);

Eff. August 3, 1992.