§ 131D-26. Enforcement and investigation. - North Carolina Statutes

§ 131D‑26.  Enforcementand investigation.

(a)        The Department ofHealth and Human Services shall be responsible for the enforcement of theprovisions of this Article. Specifically, the department of social services inthe county in which the facility is located and the Department of Health andHuman Services, shall be responsible for enforcing the provisions of thedeclaration of the residents' rights. The director of the county department ofsocial services shall monitor the implementation of the declaration of theresidents' rights and shall also investigate any complaints or grievancespertaining to violations of the declaration of rights.

(a1)      When the departmentof social services in the county in which a facility is located receives acomplaint alleging a violation of the provisions of this Article pertaining topatient care or patient safety, the department of social services shallinitiate an investigation as follows:

(1)        Immediately uponreceipt of the complaint if the complaint alleges a life‑threateningsituation.

(2)        Within 24 hours ifthe complaint alleges abuse of a resident as defined by G.S. 131D‑20(1).

(3)        Within 48 hours ifthe complaint alleges neglect of a resident as defined by G.S. 131D‑20(8).

(4)        Within two weeks inall other situations.

The investigation shall becompleted within 60 days. The requirements of this section are in addition toand not in lieu of any investigatory requirements for adult protective servicespursuant to Article 6 of Chapter 108A of the General Statutes.

(b)        If uponinvestigation, it is found that any of the provisions of the declaration ofrights has been violated, the director of the county department of socialservices or a designee must orally inform the administrator immediately of thespecific violations, what must be done to correct them, and set a date by whichthe violations must be corrected. This same information must be confirmed inwriting to the administrator by the county director or a designee within 10working days following the investigation. A copy of the letter shall be sent tothe Department of Health and Human Services.

(c)        Upon receivingrequests for assistance in resolving complaints from the county department ofsocial services, the Department of Health and Human Services shall ensure compliancewith the provisions of this Article.

(d)        The county directorof social services shall annually make a report to the Department of Health andHuman Services about the number of substantiated violations of G.S. 131D‑21,the nature of the violations, and the number of violations referred to theDepartment of Health and Human Services for resolution. (1981, c. 923, s. 1; 1983, c.824, ss. 15, 16; 1997‑443, s. 11A.118(a); 1999‑334, s. 1.8; 2007‑444,s. 5(b).)