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23 <br /> (d) Any vacancy shall be filled by appointment of a person for a one-year term. Any <br /> person replacing a member nominated by the chief administrators and the governing bodies of <br /> the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes or a <br /> person appointed when the chief administrators and the governing bodies of the hospitals <br /> licensed under Article 5 of G.S. Chapter 131E, which operate nursing homes failed to make a <br /> nomination shall be selected from among persons nominated by the administrators and the <br /> governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate <br /> nursing homes, as provided in subsection (b). If the county commissioners fail to appoint <br /> members to a committee, or fail to fill a vacancy, the appointment may shall be made or <br /> vacancy filled by the Secretary or the Secretary's designee Office of the State Long-Term Care <br /> Ombudsman no sooner than 45 days after the commissioners have been notified of the <br /> appointment or vacancy if nomination or approval of the nursing home administrators and the <br /> governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operate <br /> nursing homes is not required. If nominations or approval of the nursing home administrators <br /> and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which <br /> operate nursing homes is required, the appointment may shall be made or vacancy filled by the <br /> Secretary or the Secretary's designee Office of the State Long-Term Care Ombudsman no <br /> sooner than 45 days after the commissioners have received the nomination or approval, or no <br /> sooner than 45 days after the 45-day period for action by the nursing home administrators and <br /> the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131E, which <br /> operate nursing homes. <br /> (e) The committee shall elect from its members a chair, to serve a one-year term. <br /> (f) Each member must be a resident of the county which the committee serves. No <br /> person or immediate family member of a person with a financial interest in a home served by a <br /> committee, or employee or governing board member or immediate family member of an <br /> employee or governing board member of a home served by a committee, or immediate family <br /> member of a patient in a home served by a committee may be a member of a committee. <br /> Membership on a committee shall not be considered an office as defined in G.S. 128-1 or <br /> G.S. 128-1.1. Any county commissioner who is appointed to the committee shall be deemed to <br /> be serving on the committee in an ex officio capacity. Members of the committee shall serve <br /> without compensation, but may be reimbursed for the amount of actual expenses incurred by <br /> them in the performance of their duties. The names of the committee members and the date of <br /> expiration of their terms shall be filed with the Division of Aging, Office of the State <br /> Long-Term Care Ombudsman, which shall supply a copy to the Division of Health Service <br /> Regulation. <br /> (g) The Division of Aging, Department of Health and Human Services, Office of the <br /> State Long-Term Care Ombudsman shall develop training materials which shall be distributed <br /> to each committee member and nursing home. requirements for certification and designation in <br /> accordance with 45 C.F.R. § 1324.13(c)(2). Each committee member must receive certification <br /> training as specified by the Division of Aging State Long-Term Care Ombudsman Program <br /> Policies and Procedures and be designated as representatives of the State Long-Term Care <br /> Ombudsman Program prior to exercising any power under subsection (h) of this section. The <br /> Division of Aging, Department of Health and Human Services, State Long-Term Care <br /> Ombudsman Program shall provide the committees with information, guidelines, training, and <br /> consultation to direct them in the performance of their duties. <br /> (h) (1) Each committee shall apprise itself of the general conditions under which the <br /> persons are residing in the homes, and shall work for the best interests of the <br /> persons in the homes. This may include assisting persons who have <br /> grievances with the home and facilitating the resolution of grievances at the <br /> local level. <br /> House Bill 248 Session Law 2017-103 Page 5 <br />