North Carolina General Statutes 131E-234. Grounds for appointment of temporary manager
Upon a showing by the Department that one or more of the following grounds exist, the court may appoint a temporary manager for an initial period of 30 days or the first review by a superior court judge pursuant to N.C. Gen. Stat. § 131E-243, whichever is longer:
(1) Conditions or a pattern of conditions exist in the long-term care facility that create a substantial risk of death or serious physical harm to residents or that death or serious physical harm has occurred, and it is probable that the facility will not or cannot immediately remedy those conditions or pattern of conditions, or the facility has shown a pattern of failure to comply with applicable laws and rules and continues to fail to comply;
Terms Used In North Carolina General Statutes 131E-234
- Department: means the Department of Health and Human Services. See North Carolina General Statutes 131E-1
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Long-term care facility: means a nursing home as defined in N. See North Carolina General Statutes 131E-231
- Respondent: means the person or entity holding a license pursuant to N. See North Carolina General Statutes 131E-231
(2) The long-term care facility is operating without a license;
(3) The license of the long-term care facility has been revoked or the long-term care facility is closing or intends to close and: (i) adequate arrangements for relocating residents have not been made, or (ii) quick relocation would not be in the best interest of the residents; or
(4) A previous court order has been issued requiring the respondent to act or refrain from acting in a manner directly affecting the care of the residents and the respondent has failed to comply with the court order. (1993, c. 390, s. 1; 1999-334, s. 1.12.)