Regulatory & Legal Services
Monitoring regulations and the Courts
State and federal regulations have a big impact on health systems and their patients. NCHA works closely with regulatory agencies, commissions and other groups to advocate for a reasonable regulatory environment and to coordinate responsible planning for new services.
Hospitals and health systems are among the most heavily regulated entities in the country. That’s why it is so important to be supported by expert staff at NCHA who:
- Participate in planning and regulatory activities related to North Carolina’s Certificate of Need Law, including activities of the State Health Coordinating Council (SHCC) and its three standing committees, toward development of the annual State Medical Facilities Plan.
- Attend and participate in North Carolina Medical Care Commission activities, including the development and adoption of regulations, the regular review of regulations, and the tax exempt financing program for hospitals and other healthcare facilities.
- Participate in the rulemaking process of other NC Commissions whose activities impact healthcare in North Carolina.
- Review and synthesize regulatory documents including the bi-monthly NC Register, and providing updates pertaining to proposed and approved regulations. Regulatory focused memos are included periodically in NCHA’s weekly mailing.
- Participate in quarterly meetings of the NC Emergency Management Council and work with members’ disaster preparedness leaders to prepare for and to coordinate responses to disasters.
NCHA’s legal department advocates on behalf of North Carolina hospitals, both as a party in litigation and as amicus curiae in important appellate cases. The NCHA legal department also supports NCHA staff in their advocacy efforts before the state legislature and regulatory agencies.
Regulatory Forms & Quick Links
CON Application Section Q Excel Workbook (Excel )
Certificate of Need Application Fee Sheet (MS Word Doc)
Quick Links
Division of Health Service Regulation
North Carolina State Health Coordinating Council
Healthcare Planning and Certificate of Need Section
NC Medical Care Commission
North Carolina Register
NC Emergency Management
CMS Regulations and Guidance
CMS Conditions of Participation for Hospitals
CMS Conditions for Coverage (CFCS) and Conditions of Participations (COPS)
CMS Survey and Certification (State Operations Manual)
Recent Legal Cases, Briefs & Opinions
Supreme Court Rules in Favor of Affordable Care Act (ACA)
Supreme Court Rules in Favor of Affordable Care Act (ACA)
Supreme Court Declines to Hear Site Neutral Payment Appeal
Superior Court Dismisses Certificate of Need (CON) Constitutional Challenge
Supreme Court to Hear 340B Appeal
NCHA Files Amicus Brief in Physician Supervision Case
AHA Files Amicus to Protect PREP Act Covid Immunity for Providers
NCHA Patient & Provider Rights Guide 2009
NCHA Patient & Provider Rights Guide 2009
This is the fifth edition of NCHA’s Patient & Provider Rights manual focusing on the legal requirements in providing patient care.
Introduction
Chapter 1: Basic Patient Rights
Chapter 2: Conditions of Admission, Treatment and Payment
Chapter 3: Consent to Medical Treatment
Chapter 4: Refusal of Treatment
Chapter 5: Restraint and Seclusion of Patients
Chapter 6: Patients Involved in Crimes
Chapter 7: Mandatory Reporting
Chapter 8: Creating and Maintaining Medical Records
Chapter 9: Release of Protected Information
Chapter 10: Mental Health Patients
Chapter 11: Reproduction, Birth, Adoption and Abortion
Chapter 12: Emergency Medical Treatment, Transfers and Discharges
Chapter 13: Human Research Subjects
Chapter 14: HIV and Other Blood-Borne Pathogens
Chapter 15: Advance Directives and End-of-Life Decisions
Chapter 16: Deaths of Patients
Chapter 17: Incident and Medical Review Reports
Chapter 18: Patient Medications
Chapter 19: Other Issues
In-House Counsel
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