(a)        As used in this section and N.C. Gen. Stat. § 131E-112.6, the following terms have the following meanings:

(1)        Disaster declaration. – As defined in N.C. Gen. Stat. § 166A-19.3(3).

(2)        Emergency. – As defined in N.C. Gen. Stat. § 166A-19.3(6).

(3)        Facility. – A nursing home or combination home licensed under this Part.

(4)        Normal visitation policy. – The visitation policy that was in effect at a facility on January 1, 2020.

(b)        The Secretary shall, in consultation with licensed operators of nursing homes and combination homes, and any other stakeholders the Secretary deems relevant, establish visitation protocols for residents of these facilities that will become effective during a disaster declaration or emergency that results in the suspension or curtailment of a facility’s normal visitation policy for any reason. The visitation protocols shall provide for at least the following:

(1)        Each resident shall have the right to designate one preapproved visitor and one preapproved alternate visitor. The preapproved visitor, or if the preapproved visitor is unavailable, the preapproved alternate visitor, shall be allowed to visit the resident at least twice per month during any period of time during which the facility’s normal visitation policy is suspended or curtailed for any reason during the declared disaster or emergency.

(2)        Prior to admission, each facility shall explain and provide to each resident written notification of the visitation protocols established by the Secretary under this section.

(3)        Visitation under these protocols shall be subject to Centers for Medicare and Medicaid Services directives and to the guidelines, conditions, and limitations established by the facility as part of its normal visitation policy. ?(2021-145, s. 2(a).)

Terms Used In North Carolina General Statutes 131E-112.5

  • 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
  • month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3