Bill Summary for H 397 (2011-2012)

Printer-friendly: Click to view

Summary date: 

Apr 20 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 397 (Public) Filed Wednesday, March 16, 2011
Intro. by Lewis.

View: All Summaries for BillTracking:

Bill summary

House committee substitute makes the following changes to 1st edition.
Amends GS 122C-24.1(a), which provides for penalties and remedies for facilities licensed under the Mental Health, Developmental Disabilities, and Substance Abuse Act, to clarify that, for a Type A2 Violation, the Department of Health and Human Services (DHHS) may or may not assess a penalty, taking into consideration compliance history, preventative measures, and facility response to previous violations (previous edition stated that no penalty would be assessed if the violation was corrected within the required time frame). Expands and clarifies the explanation for “Past Corrected Type A1 or Type A2 Violation” to mean either (1) the violation was not previously identified, or (2) the violation was discovered and reported by the facility; requires the violation to be corrected in either case. Directs DHHS to consider five factors when determining whether or not to assess a penalty for the violation. Makes similar changes to GS 131D-34 (concerning adult care homes) and GS 131E-129 (concerning health care facilities).
Amends GS 122C-24.1(g), clarifying that any penalty imposed by DHHS commences on the date of the letter of notification of the penalty amount. Amends GS 131D-34(c1), clarifying that DHHS must make a written record of factors supporting the initial penalty available to affected parties, including the family member who serves as a responsible party or those persons with legal authority on behalf of the affected residents. Amends GS 131D-34(f), clarifying that any penalty imposed by DHHS commences on the date the violation was identified. Amends GS 131E-129(a)(1)e., requiring the person making the findings to send a report of findings to the facility within 15 working days (rather than 10 working days) for a Type A1 Violation. Makes additional clarifying changes.