§ 58-64-5. License. - North Carolina Statutes

§ 58‑64‑5. License.

(a)        No provider shallengage in the business of offering or providing continuing care in this Statewithout a license to do so obtained from the Commissioner as provided in thisArticle. It is a Class 1 misdemeanor for any person, other than a providerlicensed under this Article, to advertise or market to the general public anyproduct similar to continuing care through the use of such terms as "lifecare", "continuing care", or "guaranteed care for life",or similar terms, words, or phrases. The licensing process may involve a seriesof steps pursuant to rules adopted by the Commissioner under this Article.

(b)        The application fora license shall be filed with the Department by the provider on formsprescribed by the Department and within a period of time prescribed by theDepartment; and shall include all information required by the Departmentpursuant to rules adopted by it under this Article including, but not limitedto, the disclosure statement meeting the requirements of this Article and otherfinancial and facility development information required by the Department. Theapplication for a license must be accompanied by an application fee of fivehundred dollars ($500.00).

(c)        Upon receipt of thecomplete application for a license in proper form, the Department shall, within10 business days, issue a notice of filing to the applicant. Within 90 days ofthe notice of filing, the Department shall enter an order issuing the licenseor rejecting the application.

(d)        If the Commissionerdetermines that any of the requirements of this Article have not been met, theCommissioner shall notify the applicant that the application must be correctedwithin 30 days in such particulars as designated by the Commissioner. If therequirements are not met within the time allowed, the Commissioner may enter anorder rejecting the application, which order shall include the findings of factupon which the order is based and which shall not become effective until 20days after the end of the 30‑day period. During the 20‑day period,the applicant may petition for reconsideration and is entitled to a hearing.

(e)        Repealed by SessionLaws 2003‑193, s. 1, effective June 12, 2003.

(f)         The Commissionermay, on an annual basis or on a more frequent basis if he deems it to benecessary, in addition to the annual disclosure statement revision required byG.S. 58‑64‑30, require every licensed provider to file with theDepartment any of the information provided by G.S. 58‑64‑5(b) fornew licensure that the Commissioner, pursuant to rules adopted by him underthis Article, determines is needed for review of licensed providers.

(g)        The Commissionermay require a provider to: (i) provide the report of an actuary that estimatesthe capacity of the provider to meet its contractual obligation to theresident, or (ii) give consideration to expected rates of mortality andmorbidity, expected refunds, and expected capital expenditures in accordancewith standards promulgated by the American Academy of Actuaries, within thefive‑year forecast statements, as required by G.S. 58‑64‑20(a)(12). (1989, c. 758,s. 1; 1991, c. 196, ss. 1, 2; 2001‑223, s. 22.1; 2003‑193, ss. 1,2; 2009‑451, s. 21.9(a).)