GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 745

Short Title:  Rest & Nursing Hm. Penalties.	(Public)

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Sponsors: Representatives Clary; Buchanan, Cansler, Cummings, Decker, Dickson, Earle, Hiatt, Justus, Kiser, K. Miller, Pate, Rayfield, Reynolds, Sexton, Shubert, Snowden, Weatherly, Wilkins, and G. Wilson.

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Referred to:  Welfare Reform and Human Resources.

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April 3, 1995

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE "TYPE A" DOMICILIARY HOME AND NURSING HOME ADMINISTRATIVE PENALTIES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 131D-34(a)(1) reads as rewritten:
"(1)	'Type A Violation' means a violation by a facility of the regulations, standards, and requirements set forth in G.S. 131D-21 or applicable State or federal laws and regulations governing the licensure or certification of a facility which creates substantial risk that death or serious physical harm to a resident will occur or where such harm has occurred. Type A Violations shall be abated or eliminated immediately. The Department shall impose a civil penalty in an amount not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) for each Type A Violation."
Sec. 2.  G.S.131E-129(a)(1) reads as rewritten:
"(1)	'Type A Violation' means a violation by a facility of the regulations, standards, and requirements set forth in G.S. 131E-117, or applicable State or federal laws and regulations governing the licensure or certification of a facility which creates substantial risk that death or serious physical harm to a resident will occur or where such harm has occurred.  Type A Violations shall be abated or eliminated immediately.  The Department shall impose a civil penalty in an amount not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) for each Type A Violation."
Sec. 3.  This act becomes effective October 1, 1995, and applies to penalties assessed for violations occurring on or after that date.