(a) Nothing in this Article affects the authority of the Department of Health and Human Services or any successor agency otherwise provided by law to license or regulate any health service facility or domiciliary service facility.

(b) Facilities and providers licensed under this Article that also are subject to the provisions of the North Carolina Condominium Act under Chapter 47C of the N.C. Gen. Stat. shall not be subject to the provisions of Chapter 39A of the N.C. Gen. Stat., provided that the facility’s declaration of condominium does not require the payment of any fee or charge not otherwise provided for in a resident’s contract for continuing care, or other separate contract for the provisions of membership or services. (1991, c. 720, s. 1; 1997-443, s. 11A.118(a); 2011-196, s. 13.)