{"data":{"id":"us-nc/n.c.-gen.-stat.-131e-124","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 131E-124","heading":"Enforcement and investigation; confidentiality.","body":"(a)\tThe Department shall be responsible for the enforcement of the provisions of this Part. The Department shall investigate complaints made to it and reply within a reasonable time, not to exceed 60 days, upon receipt of a complaint.\n(a1)\tWhen the Department receives a complaint alleging a violation of the provisions of this Part pertaining to patient care or patient safety, the Department shall initiate an investigation as follows:\n(1)\tImmediately upon receipt of the complaint if the complaint alleges a life-threatening situation.\n(2)\tWithin 24 hours if the complaint alleges abuse of a resident as defined by G.S. 131D-20(1).\n(3)\tWithin 48 hours if the complaint alleges neglect of a resident as defined by G.S. 131D-20(8).\n(4)\tWithin two weeks in all other situations.\nThe investigation shall be completed within 30 days. The requirements of this section are in addition to and not in lieu of any investigatory requirements for adult protective services pursuant to Article 6 of Chapter 108A of the General Statutes.\n(b)\tThe Department is authorized to inspect patients' medical records maintained at the facility when necessary to investigate any alleged violation of this Part.\n(c)\tThe Department shall maintain the confidentiality of all persons who register complaints with the Department and of all medical records inspected by the Department. A person who has filed a complaint shall have access to information about a complaint investigation involving a specific resident if written authorization is obtained from the resident, legal representative, or responsible party. The designation of the responsible party shall be maintained by the nursing facility in the resident's medical record.\n(d)\tPursuant to 42 U.S.C. § 1395 and G.S. 131E-127, a nursing home as defined in G.S. 131E-101(6), is not in violation of any applicable statute, rule, or regulation for any action taken pursuant to a physician's order when the physician has determined that the action is medically necessary. (1977, c. 897, s. 1; 1983, c. 775, s. 1; 1999-113, s. 3; 1999-334, s. 1.9.)","path":["Chapter 131E. Health Care Facilities and Services.","Article 6. Health Care Facility Licensure Act.","Part 2. Nursing Home Patients' Bill of Rights."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_131E/GS_131E-124.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:21:12Z","sha256":"6e188e613e58cc97dbe688a47c9446660cece5498fdd9b8932de025486691dff","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-131e-123","next":"us-nc/n.c.-gen.-stat.-131e-125"},"notice":"GroundRules: Original legal text. Not legal advice."}
