122C-27.5. Waiver of rules and increase in bed capacity during an emergency.
In the event of a declaration of a state of emergency by the Governor in accordance with Article 1A of Chapter 166A of the General Statutes, a declaration of a national emergency by the President of the United States, a declaration of a public health emergency by the Secretary of the United States Department of Health and Human Services; or to the extent necessary to allow for consistency with any temporary waiver or modification issued by the Secretary of the United States Department of Health and Human Services or the Centers for Medicare and Medicaid Services under section 1135 or 1812(f) of the Social Security Act; or when the Division of Health Service Regulation determines the existence of an emergency that poses a risk to the health or safety of clients, the Division of Health Service Regulation may do either or both of the following:
(1) Temporarily waive any rules adopted to implement this Article.
(2) Allow a facility licensed under this Article to temporarily increase its bed capacity. (2022-74, s. 9E.2(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985
§ 122C-22 - Exclusions from licensure; deemed status[Effective until January 1, 2023]
§ 122C-23 - (Effective until contingency met see note) Licensure.
§ 122C-23.1 - Licensure of residential treatment facilities.
§ 122C-24 - Adverse action on a license.
§ 122C-24.1 - Penalties; remedies.
§ 122C-25 - Inspections; confidentiality.
§ 122C-26 - Powers of the Commission.
§ 122C-27 - Powers of the Secretary.
§ 122C-27.5 - Waiver of rules and increase in bed capacity during an emergency.
§ 122C-28.1 - Facilities in violation of this Article.
§ 122C-30 - Peer review committee; immunity from liability; confidentiality.
§ 122C-31 - Report required upon death of client.
§ 122C-32 - Patient visitation rights for residents of residential treatment facilities.