As used in this article, unless otherwise specified:
(1) "Commission" means the North Carolina Medical Care Commission.
(1a) "Critical access hospital" means a hospital which has been designated as a critical access hospital by the North Carolina Department of Health and Human Services, Office of Research, Demonstrations and Rural Health Development. To be designated as a critical access hospital under this subdivision, the hospital must be certified as a critical access hospital pursuant to 42 CFR Part 485 Subpart F. The North Carolina Department of Health and Human Services, Office of Research, Demonstrations, and Rural Health Development may designate a hospital located in a Metropolitan Statistical Area as a rural hospital for the purposes of the critical access hospital program if the hospital is located in a county with twenty-five percent (25%) or more rural residents as defined by the most recent United States decennial census.
(1b) Reserved for future codification purposes.
(1c) Division of Health Service Regulation. - The Division of Health Service Regulation within the Department of Health and Human Services.
(1d) Reserved for future codification purposes.
(1e) "Gastrointestinal endoscopy room" means a room used for the performance of procedures that require the insertion of a flexible endoscope into a gastrointestinal orifice to visualize the gastrointestinal lining and adjacent organs for diagnostic or therapeutic purposes.
(2) "Governing body" means the Board of Trustees, Board of Directors, partnership, corporation, association, person or group of persons who maintain and control the hospital. The governing body may or may not be the owner of the properties in which the hospital services are provided.
(3) "Hospital" means any facility (i) that has an organized medical staff and is designed, used, and operated to provide health care, diagnostic and therapeutic services, and continuous nursing care primarily to inpatients where such care and services are rendered under the supervision and direction of physicians licensed under Chapter 90 of the General Statutes, Article 1, to two or more persons over a period in excess of 24 hours or (ii) designated by the Centers for Medicare and Medicaid Services as a rural emergency hospital as defined under 42 C.F.R. § 485.502 or under section 125 of Division CC of the Consolidated Appropriations Act of 2021, Public Law 116-260. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific health specialties. The term does not include any of the following:
a. Private mental facilities licensed under Article 2 of Chapter 122C of the General Statutes.
b. Nursing homes licensed under G.S. 131E-102.
c. Adult care homes licensed under Part 1 of Article 1 of Chapter 131D of the General Statutes.
d. Any outpatient department including a portion of a hospital operated as an outpatient department, on or off of the hospital's main campus, that is operated under the hospital's control or ownership and is classified as Business Occupancy by the Life Safety Code of the National Fire Protection Association as referenced under 42 C.F.R. § 482.41. Provided, however, if the Business Occupancy outpatient location is to be operated within 30 feet of any hospital facility, or any portion thereof, which is classified as Health Care Occupancy or Ambulatory Health Care Occupancy under the Life Safety Code of the National Fire Protection Association, the hospital shall provide plans and specifications to the Department for review and approval as required for hospital construction or renovations in a manner described by the Department.
(4) "Infirmary" means a unit of a school, or similar educational institution, which has the primary purpose to provide limited short-term health and nursing services to its students.
(5) "Medical review committee" means any of the following committees formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including medical staff credentialing:
a. A committee of a state or local professional society.
b. A committee of a medical staff of a hospital.
c. A committee of a hospital or hospital system, if created by the governing board or medical staff of the hospital or system or operating under written procedures adopted by the governing board or medical staff of the hospital or system.
d. A committee of a peer review corporation or organization.
(6) Renumbered.
(6a) "Operating room" means a room used for the performance of surgical procedures requiring one or more incisions and that is required to comply with all applicable licensure codes and standards for an operating room.
(7) "Rural hospital network" means an alliance of members that shall include at least one critical access hospital and one other hospital. To qualify as a rural hospital network, the critical access hospital must submit a comprehensive, written memorandum of understanding to the Department of Health and Human Services, Office of Research, Demonstrations and Rural Health Development, for the Department's approval. The memorandum of understanding must include provisions for patient referral and transfer, a plan for network-wide emergency services, and a plan for sharing patient information and services between hospital members including medical staff credentialing, risk management, quality assurance, and peer review. (1947, c. 933, s. 6; 1949, c. 920, s. 1; 1955, c. 369; 1961, c. 51, s. 1; 1973, c. 476, s. 152; 1983, c. 775, s. 1; 1985, c. 589, s. 41; 1993, c. 321, s. 245; 1995, c. 535, s. 20; 1997-443, s. 11A.118(a); 2004-149, ss. 1.1, 2.4; 2004-199, s. 49; 2005-346, ss. 1, 2; 2009-462, s. 4(j); 2009-487, s. 4(a); 2023-134, s. 9F.11(a); 2024-1, s. 3.2(a); 2025-27, s. 3.3(a).)
Part 2. Hospital Licensure.
Notes of Decisions
Cited in
15
cases, 1985–2017 · leading case:
Hammond v. Saini, 748 S.E.2d 585 (N.C. Ct. App. 2013).
Hammond v. Saini, 748 S.E.2d 585 (N.C. Ct. App. 2013).
· cites it 21× “N.C. Gen. Stat. § 131E-76 defines the term “[m]edical review committee” as any of the following committees formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including medical staff credentialing: a.”
Hammond v. Saini, 766 S.E.2d 590 (N.C. 2014).
· cites it 19× “2 Defendants argue that after the operating room fire that injured plaintiff, CCHS established a Root Cause Analysis Team (“RCA Team”), which constitutes a medical review committee pursuant to N.C.G.S. § 131E-76(5). Defendants contend that as a result, the QCC Reports, Maynard’s…”
Woods v. Moses Cone Health Sys., 678 S.E.2d 787 (N.C. Ct. App. 2009).
· cites it 7× “N.C. Gen. Stat. § 131E-76(5) defines “medical review committee” as: *125 (5) “Medical review committee” means any of the following committees formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including medical staff…”
Shelton v. Morehead Mem'l Hosp., 347 S.E.2d 824 (N.C. 1986).
· cites it 3× “The Court of Appeals, without discussing the appealability of the order, concluded first that under the Bylaws of the Medical and Dental Staff of Morehead Memorial Hospital, the Executive Committee of the Medical Staff was a “medical review committee,” as defined by N.C.G.S. §…”
Ray v. B. Keith Forgy, M.D., P.A., 783 S.E.2d 1 (N.C. Ct. App. 2016).
· cites it 12× “created a Medical Review Committee(s), as that term is defined in N.C. Gen.Stat. § 131E-76 and/or N.C. Gen.”
Bryson v. Haywood Reg'l Med. Ctr., 694 S.E.2d 416 (N.C. Ct. App. 2010).
· cites it 4× “N.C. Gen. Stat. § 131E-76(5) (2009) in turn defines “[mjedical review committee”: (5) “Medical review committee” means any of the following committees formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including medical…”
Shumaker Ex Rel. Shumaker v. United States, 714 F. Supp. 154 (M.D.N.C. 1988).
· cites it 2× “The definition also includes “hospitals,” other persons responsible for the negligence of such persons or hospitals, and other persons acting at the direction or under the supervision of such persons or hospitals.”
Cunningham v. Cannon, 654 S.E.2d 24 (N.C. Ct. App. 2007).
· cites it 4× “132-1 "`Public records' defined", and shall not be subject to discovery or introduction into evidence in any civil action against a hospital, *27 an ambulatory surgical facility licensed under Chapter 131E of the General Statutes, or a provider of professional health services…”
Armstrong Ex Rel. Collins v. Barnes, 614 S.E.2d 371 (N.C. Ct. App. 2005).
· cites it 2× “A member of the committee or a person who testifies before the committee may testify in a civil action but cannot be asked about his testimony before the committee or any opinions formed as a result of the committee hearings.”
Cohn v. Wilkes Gen. Hosp., 127 F.R.D. 117 (W.D.N.C. 1989).
· cites it 2× ““Public hospital” is defined as: any hospital that (1) is operated by a county, city, hospital district or hospital authority, or (2) is owned by [one of the above] and operated by a nonprofit corporation or association, a majority of whose board of directors or trustees are…”
Fallis v. Watauga Med. Ctr., Inc., 510 S.E.2d 199 (N.C. Ct. App. 1999).
· cites it 3× “Jackson represented that his medical records covered approximately five hundred and forty (540) patients, averaged one hundred (100) to one hundred thirty (130) pages in length each, and were replete with confidential information specifically protected by N.C.G.S. § 131E-76…”
— N.C. Gen. Stat. § 131E-76(2) — 1 case
Cohn v. Wilkes Gen. Hosp., 127 F.R.D. 117 (W.D.N.C. 1989).
““Public hospital” is defined as: any hospital that (1) is operated by a county, city, hospital district or hospital authority, or (2) is owned by [one of the above] and operated by a nonprofit corporation or association, a majority of whose board of directors or trustees are…”
— N.C. Gen. Stat. § 131E-76(3) — 3 cases
Shumaker Ex Rel. Shumaker v. United States, 714 F. Supp. 154 (M.D.N.C. 1988).
“The definition also includes “hospitals,” other persons responsible for the negligence of such persons or hospitals, and other persons acting at the direction or under the supervision of such persons or hospitals.”
In Re Bdn, 649 S.E.2d 913 (N.C. Ct. App. 2007).
— N.C. Gen. Stat. § 131E-76(5) — 9 cases
Hammond v. Saini, 766 S.E.2d 590 (N.C. 2014).
“2 Defendants argue that after the operating room fire that injured plaintiff, CCHS established a Root Cause Analysis Team (“RCA Team”), which constitutes a medical review committee pursuant to N.C.G.S. § 131E-76(5). Defendants contend that as a result, the QCC Reports, Maynard’s…”
Woods v. Moses Cone Health Sys., 678 S.E.2d 787 (N.C. Ct. App. 2009).
“N.C. Gen. Stat. § 131E-76(5) defines “medical review committee” as: *125 (5) “Medical review committee” means any of the following committees formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including medical staff…”
Shelton v. Morehead Mem'l Hosp., 347 S.E.2d 824 (N.C. 1986).
“The Court of Appeals, without discussing the appealability of the order, concluded first that under the Bylaws of the Medical and Dental Staff of Morehead Memorial Hospital, the Executive Committee of the Medical Staff was a “medical review committee,” as defined by N.C.G.S. §…”
Hammond v. Saini, 748 S.E.2d 585 (N.C. Ct. App. 2013).
“N.C. Gen. Stat. § 131E-76 defines the term “[m]edical review committee” as any of the following committees formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including medical staff credentialing: a.”
Bryson v. Haywood Reg'l Med. Ctr., 694 S.E.2d 416 (N.C. Ct. App. 2010).
“N.C. Gen. Stat. § 131E-76(5) (2009) in turn defines “[mjedical review committee”: (5) “Medical review committee” means any of the following committees formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including medical…”
— N.C. Gen. Stat. § 131E-76(5)(a) — 1 case
Hammond v. Saini, 748 S.E.2d 585 (N.C. Ct. App. 2013).
“N.C. Gen. Stat. § 131E-76 defines the term “[m]edical review committee” as any of the following committees formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including medical staff credentialing: a.”
— N.C. Gen. Stat. § 131E-76(5)(b) — 1 case
Hammond v. Saini, 748 S.E.2d 585 (N.C. Ct. App. 2013).
“N.C. Gen. Stat. § 131E-76 defines the term “[m]edical review committee” as any of the following committees formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including medical staff credentialing: a.”
— N.C. Gen. Stat. § 131E-76(5)(c) — 2 cases
Hammond v. Saini, 766 S.E.2d 590 (N.C. 2014).
“2 Defendants argue that after the operating room fire that injured plaintiff, CCHS established a Root Cause Analysis Team (“RCA Team”), which constitutes a medical review committee pursuant to N.C.G.S. § 131E-76(5). Defendants contend that as a result, the QCC Reports, Maynard’s…”
Hammond v. Saini, 748 S.E.2d 585 (N.C. Ct. App. 2013).
“N.C. Gen. Stat. § 131E-76 defines the term “[m]edical review committee” as any of the following committees formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including medical staff credentialing: a.”
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