§ 131E-130. First available bed priority for certain nursing home patients. - North Carolina Statutes

§ 131E‑130.  Firstavailable bed priority for certain nursing home patients.

(a)        If a patient is temporarily absent, for no more than 15days, from a nursing home to obtain medical treatment at a hospital other thana State mental hospital, the nursing home; (i) shall provide the patient withthe first bed available at or after the time the nursing home receives writtennotification of the specific date of discharge from the hospital; and (ii)shall grant the patient priority of admission over applicants for admission tothe nursing home.

The duration of the temporary absence shall be calculated from the dayof the patient's admission to a hospital until the date the nursing homereceives written notice of the specific date of discharge.

This subsection shall not apply in instances in which the patient'streatment can no longer be provided by the nursing home upon re‑admission.

(b)        If the Department finds that a nursing home has violated theprovisions of subsection (a) of this section, the Department may assess a civilpenalty of fifty dollars ($50.00) a day, up to a maximum of one thousand fivehundred dollars ($1,500), against the nursing home, for each violation.

The clear proceeds of penalties provided for in this subsection shallbe remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S.115C‑457.2.

(c)        The provisions of Chapter 150B of the General Statutes thatgovern contested cases apply to appeals from Department action pursuant to thissection. (1987 (Reg. Sess.,1988), c. 1080, s. 1; 1998‑215, s. 79.)