Special Care Unit (SCU) Moratorium Exception Request Process

For the period beginning July 31, 2013, and ending June 30, 2016, Session Law 2014-100, Senate Bill 744 Section 12G.5 issued a moratorium on Department of Health and Human Services (DHHS), Division of Health Service Regulation issued SCU licenses. The moratorium does allow for exceptions.

The following is the process to submit a request to the Secretary of DHHS for an exception for a SCU license:

  1. All requests for the SCU license exception should be sent to the appropriate licensing section as listed below in Item 4. If licensure requirements have been met, the request for the exception will be reviewed. Requests may not be amended after they are submitted. Requests will be reviewed in the order in which they are received.

  2. At a minimum, the following information should be provided in the request:

    1. Clearly identify on Page 1 that the request is for the SCU moratorium licensure exception;

    2. Facility name, site address, license number (if applicable), FID number (if known), and service area for which the request is being made. (The service area is the county in which the facility is located with the exception of Hyde/Tyrrell, which is one service area for adult care home licensure.);

    3. Name, address, email address, and phone number of the requestor. If a certificate of need was previously issued for the project, a copy of it should be included with the request as an attachment;

    4. Description of the adverse effects on the population of the service area that are likely to occur if the request is not granted;

    5. Identification of alternatives to the request that were considered and a description of why these alternatives were found not feasible;

    6. Evidence that granting licensure would not result in unnecessary duplication of services in the service area;

    7. Evidence that the requested licensure is consistent with the basic principles of safety and quality, access, and value, as described below with an emphasis on measures that are evidence-based, objective and quantifiable.

      1. Safety and Quality: Avoidance of injury or death, practices to decrease injury, clinical outcome measures, patient satisfaction;

      2. Access: Addressing the needs of the medically underserved (those whose barriers to access include, but are not limited to, geography, low income, limited or no insurance coverage, disability, age, race, ethnicity, culture language, education, and health literacy);

      3. Value: Cost, affordability, health benefit utilizing standardized safety and quality measures when available.

    8. Other information that demonstrates why immediate licensure for the SCU beds in question is necessary.

  3. The recommended maximum page length for requests is 10 pages. The preferred data sources to be used for requests are as follows:

  4. Requests should be submitted by mail. No faxes or electronic submissions will be accepted.
    1. Requests for adult care home license special care units, should be submitted to:

      • Ms. Megan Lamphere, Section Chief
        Adult Care Home Licensure Section
        2708 Mail Service Center
        Raleigh, N.C. 27699-2708

    2. Requests for nursing home license special care units, should be submitted to:

      • Ms. Beverly Speroff, Section Chief
        Nursing Home Licensure and Certification Section
        2711 Mail Service Center
        Raleigh, N.C. 27699-2711

  5. For questions related to the preparation of the request, you may contact the Medical Facilities Planning Branch at 919-855-3865. For questions related to the status of requests for adult care home license SCUs, you may contact the Adult Care Licensure Section at 919-855-3765. For questions related to the status of requests for nursing home license SCUs, you may contact the Nursing Home Licensure and Certification Section at 919-855-4520.