§ 131D-2.11. Inspections, monitoring, and review by State agency and county departments of social services. - North Carolina Statutes

Part 2. Other Laws Pertaining tothe Inspection and Operation of Adult Care Homes.

§ 131D‑2.11. Inspections, monitoring, and review by State agency and county departments ofsocial services.

(a)        State Inspectionand Monitoring. – The Department shall ensure that adult care homes required tobe licensed by this Article are monitored for licensure compliance on a regularbasis. All facilities licensed under this Article and adult care units innursing homes are subject to inspections at all times by the Secretary. TheDivision of Health Service Regulation shall inspect all adult care homes andadult care units in nursing homes on an annual basis. In addition, theDepartment shall ensure that adult care homes are inspected every two years todetermine compliance with physical plant and life‑safety requirements.

(b)        Monitoring byCounty. – The Department shall work with county departments of social servicesto do the routine monitoring in adult care homes to ensure compliance withState and federal laws, rules, and regulations in accordance with policy andprocedures established by the Division of Health Service Regulation and to havethe Division of Health Service Regulation oversee this monitoring. The countydepartments of social services shall document in a written report all on sitevisits, including monitoring visits, revisits, and complaint investigations.The county departments of social services shall submit to the Division ofHealth Service Regulation written reports of each facility visit within 20 workingdays of the visit.

(c)        State Review ofCounty Compliance. – The Division of Health Service Regulation shall conductand document annual reviews of the county departments of social services'performance. When monitoring is not done timely or there is failure to identifyor document noncompliance, the Department may intervene in the particularservice in question. Department intervention shall include one or more of thefollowing activities:

(1)        Sending staff of theDepartment to the county departments of social services to provide technicalassistance and to monitor the services being provided by the facility.

(2)        Advising countypersonnel as to appropriate policies and procedures.

(3)        Establishing a planof action to correct county performance.

The Secretary may determinethat the Department shall assume the county's regulatory responsibility for thecounty's adult care homes.  (2009‑462, s. 1(e); 2009‑232, s. 3.)