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10 <br /> APPROVED 11/8/2012 <br /> access shall be limited to homes served by those subcommittees to which the <br /> member has been appointed. <br /> 4. The Committee or subcommittee may communicate through its chair with the <br /> Department of Health and Human Services or any other agency in relation to the <br /> interest of any patient. The identity of any complainant or resident involved in a <br /> complaint shall not be disclosed except as permitted under the Older Americans <br /> Act of 1965, as amended, 42 U.S.C. § 3001 et seq. <br /> 5. Each home shall cooperate with the committee as it carries out its duties. <br /> 6. Before entering into any nursing home, the Committee, subcommittee, or <br /> member shall identify itself to the person present at the facility who is in charge of <br /> the facility at that time. <br /> SECTION III: MEMBERSHIP <br /> A. Authority <br /> 1. North Carolina General Statute § 131E-128(b)(3) grants the Board of County <br /> Commissioners the authority to appointment members of the Committee. <br /> B. Composition <br /> 1. The Committee shall be composed of the following: <br /> a. If the County has one, two, or three nursing homes, the Committee shall <br /> have five members; or <br /> b. If the County has four or more nursing homes, the Committee shall have <br /> one additional member for each nursing home in excess of three, and <br /> may have up to five additional members at the discretion of the Board of <br /> County Commissioners. <br /> i. If the County has four or more Nursing homes, the Committee <br /> shall establish a subcommittee of no more than five members and <br /> no fewer than three members from the Committee for each <br /> Nursing home in the county. <br /> ii. Each member must serve on at least one subcommittee. <br /> 2. Of the total number of members, a minority (not less than one-third, but as close <br /> to one-third as possible) must be chosen from among persons nominated by a <br /> majority of the chief administrators of nursing homes in the County and of the <br /> governing bodies of the hospitals licensed under Chapter 131E, Article 5 of the <br /> North Carolina General Statutes, which operate nursing homes. If the nursing <br /> home administrators and governing bodies of the hospitals licensed under <br /> Chapter 131E, Article 5 of the North Carolina General Statutes, which operate <br /> nursing homes fail to make a nomination within 45 days after written notification <br /> has been sent to them by the Board of County Commissioners requesting a <br /> nomination, these appointments may be made by the Board of County <br /> Commissioners without nominations. <br /> 3. Each member must be a resident of Orange County. <br /> 4. No person or immediate family member of a person with a financial interest in a <br /> home served by the Committee, or employee or governing board member or an <br /> immediate family member of an employee or governing board member of a home <br /> served by the Committee, or immediate family member of a patient in a home <br /> served by the Committee may be a member of the Committee. <br /> 5. Members of the Committee shall serve without compensation, but may be <br /> reimbursed for actual expenses incurred by them in the performance of their <br /> duties. <br /> 6. The names of the Committee members and the date of expiration of their terms <br /> shall be filed with the Division of Aging at the Department of Health and Human <br /> Services. <br />