reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - LOCAL HUMAN SERVICE AGENCIES › Section .0300 - PERSONNEL STANDARDS › Section 01B .0304 - CERTAIN POLITICAL ACTIVITIES PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each local human service agency which receives federal funds from the
				  department must comply with the Federal Political Activities Act, also known as
				  the Hatch Act, which prohibits state and local employees which are paid from
				  federal funds from:
(1) using their official
				  authority or influence for the purpose of interfering with or affecting the
				  result of an election or nomination for office;
(2) directly or indirectly coercing,
				  attempting to coerce, commanding or advising a state or local officer or
				  employee to pay, lend, or contribute anything of value to a party, committee
				  organization, agency or person for political purposes; or
(3) being a candidate for elective
				  office.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - LOCAL HUMAN SERVICE AGENCIES › Section .0300 - PERSONNEL STANDARDS › Section 01B .0305 - CIVIL RIGHTS OF EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each local human service agency shall give equal opportunity for employment,
				  without regard to race, religion, color, creed, national origin, sex, age or
				  handicapping condition, to all persons otherwise qualified, except where
				  specific age, sex or physical requirements constitute bona fide occupational
				  qualifications necessary to proper and efficient administration. Prior approval
				  must be obtained from the U.S. Department of Labor before establishing any age,
				  sex or physical requirements.
(b)
				  Discrimination against any person in recruitment, examination, appointment,
				  training, promotion, retention, discipline, salary increases, or any other
				  aspect of personnel administration because of race, religion, color, creed,
				  national origin, sex, age, handicapping condition or because of political
				  opinions or affiliations is hereby prohibited.
(c) Each local human service agency that
				  receives federal financial assistance shall sign an assurance statement that
				  their program does not violate Paragraph (a) of this Rule.
Authority
					 G.S.
					 143B-139.1;
Eff. July 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0100 - REAL PROPERTY › Section 01C .0101-.0103 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-29.1;
Eff.
					 February 1, 1976;
Amended Eff. January 1, 1986; July 1,
					 1985;
Expired Eff. May 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0200 - REIMBURSEMENT › Section 01C .0201 - ADMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Priority for
				  admission to facilities under the Department of Human Resources will be given
				  to the indigent where documentary evidence is furnished to prove such
				  indigency.
(b) Other North Carolina
				  residents who otherwise qualify and who are willing and able to pay will be
				  admitted for treatment.
(c) Parents
				  or adoptive parents having patients under civilian health and medical program
				  of the uniformed services will be considered as North Carolina
				  residents.
(d) With the exception
				  of emergencies, priority of admission for treatment to alcoholic rehabilitation
				  centers will be given to first and second admission patients, unless all
				  previous obligations have been met or satisfactory arrangements made.
Authority
					 G.S.
					 143B-10;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0200 - REIMBURSEMENT › Section 01C .0202 - COST AND CHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Payment will be
				  required in full from all patients who are able to pay and from others on an
				  ability to pay basis by guidelines established by the Secretary of Human
				  Resources.
(b) Charges may be set
				  on an overall per diem basis in a single treatment facility or, in cases where
				  facilities have different treatment programs, a charge may be set for each
				  separate program.
(c) Charges for
				  each treatment facility shall be set on the basis of allowable cost.
(d) Charges may be raised or lowered as cost
				  would indicate on a quarterly basis.
(e) The above charge determination will be
				  used until such time as the Department of Human Resources establishes rate
				  schedules based on the actual treatment received by the individual to be
				  determined by cost accounting.
(f)
				  Charges for respite care of inpatient children shall be no more than the cost
				  of keeping a normal child at home on an ability to pay basis. Various sources
				  such as the United States Department of Agriculture and Department of Labor are
				  used in determining this cost.
(g)
				  Charges for day care where no medical treatment is involved shall be handled as
				  respite care.
(h) Charges for day
				  hospital care shall be based on cost.
(i) Parents who reside out of state and have
				  a child receiving treatment at a North Carolina facility shall be charged the
				  full cost of treatment and such charges will continue when the patient attains
				  age 18.
Authority
					 G.S.
					 143-118;
					 143B-10;
Eff.
					 February 1, 1976;
Amended Eff. November 1, 1989; January 1,
					 1977;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0200 - REIMBURSEMENT › Section 01C .0203 - ADMISSION INTERVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) There shall be
				  an interview with the patient or person responsible for the patient during
				  which financial data concerning income, assets, liabilities as well as total
				  family situation shall be gathered.
(b) Information shall be gathered by an
				  interviewer in the reimbursement office, in private.
(c) The interview will be accomplished as
				  soon as possible after admission, although a definite rate may not be
				  determined for several days.
Authority
					 G.S.
					 143-118(a);
					 143-119(b);
					 143-119(c);
Eff. February 1, 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0200 - REIMBURSEMENT › Section 01C .0204 - DETERMINING ABILITY TO PAY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Ability to
				  pay will be determined by the interviewer who uses guidelines developed by the
				  Secretary of the Department of Human Resources.
(b) Guidelines should be as guides and not
				  firm policy.
(c) Many cases reveal
				  that there are hardship or extraneous conditions not covered by the guidelines.
				  There are also cases where there are considerable non-income producing real
				  property or low-income producing personal assets.
(d) Guidelines should be reviewed
				  periodically.
(e) Guidelines and
				  policies are developed for each type of institution and guidelines take into
				  consideration income, assets both real and personal, the number and ages of
				  dependents, whether or not the dependents are attending college, and financial
				  obligations. Also much consideration is given to the length of stay in the
				  institution.
Authority
					 G.S.
					 143-118(d);
Eff.
					 February 1, 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0200 - REIMBURSEMENT › Section 01C .0205 - COMPROMISE OF ACCOUNTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Accounts may be
				  compromised where there is an outstanding balance and the responsible party
				  does not have the ability to pay the account or where the ability to pay is
				  insufficient to cover the full charge.
(b) Institutional directors are authorized
				  upon request from a payor to compromise past due accounts in an amount under
				  ten thousand dollars ($10,000).
(c)
				  When an institution has received a request for a compromise of a past due
				  account for an amount of ten thousand dollars ($10,000) or more the institution
				  will gather all pertinent information and submit it to the appropriate board or
				  commission through the Division Director.
(d) If a payor is dissatisfied with the
				  decision of the Board or Commission he may request a review by the Secretary of
				  the Department of Human Resources through the Controller of the Department of
				  Human Resources. If satisfaction is not reached at this point, the Attorney
				  General may be requested to review and bring action either in the Superior
				  Court of Wake County or in the county where the institution is
				  located.
Authority
					 G.S.
					 143-118;
					 143B-10;
Eff.
					 February 1, 1976;
Amended Eff. November 1, 1989; July 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0200 - REIMBURSEMENT › Section 01C .0206 - EXPIRED - LEGAL QUESTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-118;
					 143B-10;
Eff.
					 February 1, 1976;
Amended Eff. July 1, 1985; July 1,
					 1980;
Expired Eff. May 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0300 - REPAIR/REPLACEMENT OF PERSONAL PROPERTY › Section 01C .0301 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As contained in this Section, the following terms have the
					 following meanings:
(1) "Client" means
				  any person who is under the supervision of a Department of Human Resources
				  facility for purposes of treatment, habilitation or education;
(2) "Employee" means an individual hired on a
				  temporary part-time, or full-time basis by the Department of Human Resources
				  facility;
(3) "Facility" means a
				  hospital, center, institution or school operated by the Department of Human
				  Resources; and
(4) "Volunteer"
				  means an individual certified or accepted by the facility to perform assigned
				  duties for the facility without remuneration for time spent in the performance
				  of these duties.
Authority
					 G.S.
					 143-127.2;
Eff. June 1,
					 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0300 - REPAIR/REPLACEMENT OF PERSONAL PROPERTY › Section 01C .0302 - CRITERIA FOR DETERMINING REIMBURSEMENT ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Prior to issuing reimbursements to facility employees,
					 volunteers, or clients for personal property damaged or stolen by facility
					 clients, the facility director or designee must prepare a written report,
					 including the following information:
(1) facts supporting a conclusion that the
				  client, employee or volunteer is eligible to seek reimbursement under the
				  requirements of
				  G.S.
				  143-127.2;
(a) for employees and volunteers, this
				  includes written findings that the damage or theft occurred within the scope of
				  their employment or volunteer duties and that the item(s) damaged or stolen was
				  necessary to the performance of those assigned duties;
(b) for clients, this includes written
				  findings that the item(s) was damaged or stolen while the client was under the
				  supervision of the facility and that the item(s) was a necessary part of the
				  treatment, habilitation, or education environment as determined by personnel
				  responsible for treatment, habilitation, or education decisions concerning the
				  client.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0300 - REPAIR/REPLACEMENT OF PERSONAL PROPERTY › Section 01C .0303 - LIMITATION ON REIMBURSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Reimbursement may not exceed two hundred dollars ($200.00)
					 per incident. In applying the reimbursement limitations set out in
					 G.S.
					 143-127.5, the five hundred dollars ($500.00)
					 per year limitation shall apply to volunteers and clients as well as employees
					 and shall be calculated using the state fiscal year.
Authority
					 G.S.
					 143-127.2;
					 143-127.5;
Eff.
					 August 1, 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0300 - REPAIR/REPLACEMENT OF PERSONAL PROPERTY › Section 01C .0304 - PROCEDURE FOR REQUESTING REIMBURSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The division/facility director shall determine the
					 procedure for seeking reimbursement subject to the following
					 limitations:
(1) a written account of
				  the incident which resulted in the request shall be prepared by the employee,
				  volunteer, or client (or client representative) and presented to the facility
				  director or designee within 48 hours of the time that the employee, volunteer,
				  or client becomes aware of the incident. If a client requests assistance from
				  facility staff in preparing this account, the assistance shall be provided to
				  the client;
(2) the written account
				  must include:
(a) a brief description of the
				  incident including date, time, place and individuals involved; and
(b) a description of the item(s) for which
				  reimbursement is sought, including cost, age, and in the case of damaged
				  property, a description of the damage. Damaged articles must be made available
				  for inspection by facility personnel at the request of the facility.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0300 - REPAIR/REPLACEMENT OF PERSONAL PROPERTY › Section 01C .0305 - RESPONSE TO REQUEST AND APPEAL RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Within 30 days of receipt of a completed request for reimbursement, the
				  facility director or designee shall respond to the request for
				  reimbursement.
(b) If no response
				  is received or if a negative response is received, the employee, volunteer, or
				  client may file a request for reconsideration with the division director or
				  designee. The facility director shall forward all pertinent information to the
				  division director or designee for review within ten days of receipt of a
				  request for that information.
(c)
				  Within 15 days of receipt of the request for reconsideration, the division
				  director or designee shall issue a response to the request. If no response or a
				  negative response is received, the employee, volunteer, or client may then
				  request a contested case hearing in accordance with
				  G.S.
				  150B-23 by submitting a petition for hearing
				  to the Office of Administrative Hearings. The final administrative decision
				  shall be issued by the Director, Division of Budget and Analysis or designee.
				  Nothing in this Section shall be construed as superseding the requirements of
				  G.S.
				  143-127.5 that payment of any claim for
				  reimbursement shall be subject to the identification of funds by the facility
				  to cover the cost of reimbursement.
Authority
					 G.S.
					 143-127.2;
					 143-127.5;
					 143-127.6;
					 150B-23;
Eff. June
					 1, 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - PROPERTY › Section .0300 - REPAIR/REPLACEMENT OF PERSONAL PROPERTY › Section 01C .0306 - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Clients shall be made aware of the potential liability
					 under G.S. 143, Article 7A.
Authority
					 G.S.
					 143-127.2;
Eff. June 1,
					 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter D - VOLUNTEER SERVICES › Section 01D .0101-.0108 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
Eff. February 1,
				  1976;
Amended Eff. October 1, 1985; July 1, 1985;
Expired Eff. May 1, 2017 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter E - NON-DISCRIMINATION PROCEDURES › Section .0100 - NON-DISCRIMINATION PROCEDURES › Section 01E .0101 - NONDISCRIMINATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The Department of Health and Human Services provides for
					 the resolution of complaints against any Division within the Department
					 alleging any act prohibited by Federal laws and regulations implementing Title
					 II of the Americans with Disabilities Act, Section 504 of the Rehabilitation
					 Act of 1973, Title VI of the Civil Rights Act of 1964, and other applicable
					 nondiscrimination regulations as required by Federal agencies for the
					 Department's receipt of Federal financial assistance. The Department's forms
					 for filing complaints or grievances are located at
https://www.ncdhhs.gov/about/department-initiatives/ada-grievance-procedure
.
					 Complaint forms submitted to the Department shall include the name and contact
					 information for the individual making the complaint and a description of the
					 basis for the complaint.
Authority
					 28 C.F.R.
					 35.107;
					 45 C.F.R. 84.7; 45 C.F.R. Part
					 80.7;
Eff. May 1, 1993;
Readopted Eff. January 1,
					 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter E - NON-DISCRIMINATION PROCEDURES › Section .0100 - NON-DISCRIMINATION PROCEDURES › Section 01E .0102-.0108 - REPEALED - COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 28 C.F.R.
					 35.107;
Eff. May 1,
					 1993;
Repealed Eff. January 1,
					 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter E - NON-DISCRIMINATION PROCEDURES › Section .0200 - SECTION 504 GRIEVANCE PROCEDURES › Section 01E .0201-.0208 - REPEALED - APPLICABILITY AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(j)(2);
					 45 C.F.R.
					 84.7;
Eff. May 1,
					 1994;
Repealed Eff. January 1,
					 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter E - NON-DISCRIMINATION PROCEDURES › Section .0300 - TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 GRIEVANCE PROCEDURES › Section 01E .0301-.0305 - REPEALED - APPLICABILITY AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(j)(2); 45 C.F.R.
					 Part 80.7;
Eff. November 1, 1994;
Repealed Eff. January
					 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter F - OFFICE OF THE SECRETARY › Section .0100 - LEGAL › Section 01F .0101 - EXPIRED - OFFICE OF LEGISLATIVE AND LEGAL AFFAIRS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
Eff. April 1,
					 1985;
Amended Eff. November 1, 1985;
Expired Eff. May
					 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter G - NORTH CAROLINA NEW ORGANIZATIONAL VISION AWARD (NC NOVA) › Section .0100 - NORTH CAROLINA NEW ORGANIZATIONAL VISION AWARD (NC NOVA) › Section 01G .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131E-154.12;
					 131E-154.13;
					 131E-154.14;
Eff.
					 April 1, 2007;
Expired Eff. May 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter G - NORTH CAROLINA NEW ORGANIZATIONAL VISION AWARD (NC NOVA) › Section .0100 - NORTH CAROLINA NEW ORGANIZATIONAL VISION AWARD (NC NOVA) › Section 01G .0103 - PROCESS REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Beginning with
				  the effective date of this Rule and not less than once every two years, the
				  Partner Team, as defined in
				  G.S.
				  131E-154.13(3), shall review
				  the process by which the NC NOVA special licensure designation is
				  awarded.
(b) Any changes to the
				  process that are proposed by the Partner Team shall be posted on the NC NOVA
				  web site at: www.ncnova.org for 60-days to elicit public comment. The web site
				  shall include instructions for submitting comments via email or U.S. Postal
				  Service mail.
(c) The Partner Team
				  shall convene a meeting within 60 calendar days following the public comment
				  period for the purpose of considering public comments. Any changes to the
				  process shall only be adopted when not less than 85 percent of the Partner Team
				  members are in agreement with the proposed changes and the changes shall be
				  posted on the NC NOVA web site within 30 calendar days after
				  adoption.
Authority
					 G.S.
					 131E-154.12;
					 131E-154.13;
					 131E-154.14;
Eff.
					 January 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter A - INTRODUCTION › Section .0200 - GOVERNOR'S ADVISORY COUNCIL ON AGING › Section 05A .0201 - EXECUTIVE COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
There shall be an executive committee of the advisory
					 council to the Division of Aging. The executive committee will be composed of
					 the chairman and the vice-chairman and secretary of the council and the
					 chairman of each standing committee. The executive committee may represent the
					 council on matters assigned to it by the council.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 September 1, 1978;
Amended Eff. April 1, 1990; October 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter A - INTRODUCTION › Section .0200 - GOVERNOR'S ADVISORY COUNCIL ON AGING › Section 05A .0202 - ORIENTATION AND TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
There shall be a program of orientation and training for
					 advisory council members. Orientation shall include an introduction to the
					 Older Americans Act, state program initiatives, and the scope and purpose of
					 the Division of Aging and the Governor's Advisory Council. This orientation
					 shall occur within 60 days of appointment.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-180;
					 143B-181;
Eff.
					 September 1, 1978;
Amended Eff. April 1, 1990;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter B - ADOPTION BY REFERENCE › Section .0100 - OLDER AMERICANS PROGRAMS REGULATIONS › Section 05B .0101 - TITLE

Current through Register Vol. 39, No. 2, July 15, 2024
45 C.F.R. Part 1321 - Grants for State and Community
					 Programs on Aging, as amended, has been adopted by reference pursuant to
					 G.S.
					 150B-14(c).
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1;
					 150B-14;
Eff.
					 September 1, 1978;
Amended Eff. October 1, 1988; October 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter B - ADOPTION BY REFERENCE › Section .0100 - OLDER AMERICANS PROGRAMS REGULATIONS › Section 05B .0102 - COPIES

Current through Register Vol. 39, No. 2, July 15, 2024
Copies of "45 C.F.R. Part Part 1321-Grants for State and
					 Community Programs on Aging" can be obtained at no cost from: Administration on
					 Aging, Department of Health and Human Services (formerly HEW), Washington, D.C.
					 20201.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 September 1, 1978;
Amended Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter B - ADOPTION BY REFERENCE › Section .0100 - OLDER AMERICANS PROGRAMS REGULATIONS › Section 05B .0103 - APPLICABLE DOL REGULATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
29 C.F.R. Part 89, Senior Community Service Employment
					 Program, as amended, has been adopted by reference pursuant to
					 G.S.
					 150B-14(2). Copies may be
					 obtained from the Department of Labor.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 October 1, 1980;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter B - ADOPTION BY REFERENCE › Section .0200 - ADMINISTRATION OF GRANTS › Section 05B .0201 - TITLE

Current through Register Vol. 39, No. 2, July 15, 2024
The following regulations are adopted by reference pursuant
					 to G.S.
					 150B-14(c):
(1) 45 C.F.R., Subtitle A--Department of
				  Health, Education and Welfare, General Administration; Part 74 - Administration
				  of Grants;
(2) Part 80 -
				  Nondiscrimination under programs receiving federal assistance through the
				  Department of Health, Education and Welfare: Effectuation of Title VI of the
				  Civil Rights Act of 1964;
(3) Part
				  81 - Practice and Procedures for Hearings under Part 80;
(4) Part 84 Nondiscrimination on the basis of
				  handicap in programs and activities receiving or benefiting from federal
				  financial participation;
(5) Part
				  90 - Nondiscrimination on the basis of age; and
(6) 5 C.F.R., Part 900, Subpart F - standards
				  for a Merit System of Personnel Administration.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1;
					 150B-14;
Eff.
					 September 1, 1978;
Amended Eff. October 1, 1988; October 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter B - ADOPTION BY REFERENCE › Section .0200 - ADMINISTRATION OF GRANTS › Section 05B .0202 - COPIES

Current through Register Vol. 39, No. 2, July 15, 2024
Copies of this Regulation can be obtained at no cost from:
					 The Department of Health and Human Services, Washington, D.C.
					 20201.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 September 1, 1978;
Amended Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0100 - NON-PLAN AREAS › Section 05C .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321;
Eff. September 1, 1978;
Amended Eff.
					 May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rules Expired June 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0201 - EXPIRED - PUBLIC HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1(c);
					 45 C.F.R., Chapter XIII, Part 1321;
Eff. October 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule Expired June 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0203 - DESIGNATION OF PLANNING AND SERVICE AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Federal regulations mandate that the Division of Aging shall divide the entire
				  State into distinct planning and service areas (PSAs) in accordance with
				  prescribed regulations. In North Carolina, the Governor has designated, through
				  Executive Order, 18 multi-county planning regions to coordinate and plan
				  activities throughout North Carolina. The Division of Aging is utilizing areas
				  with coterminous boundaries for North Carolina's aging planning and service
				  areas. Thus, planning and service areas coincide with other multi-county
				  planning efforts.
(b) Other units
				  of general purpose local governments, region metropolitan area, Indian
				  reservations, may apply to be designated as a planning and service area.
				  Requests for PSA designation shall be received at least twelve months prior to
				  the proposed effective date the organization wishes to begin serving as an area
				  agency on aging.
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321;
Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0204 - DESIGNATION OF AGENCIES ON AGING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Division of Aging, in compliance with federal regulations, shall designate
				  an area agency on aging in each planning and service area in which it decides
				  to allocate funds under Title III of the Older Americans Act. In carrying out
				  this process, the Division shall adhere to federal requirements for considering
				  the types of organizations eligible to be an AAA and appeal procedures
				  available to all eligible applicants.
(b) Currently, the Division of Aging has
				  designated 18 area agencies, covering all PSAs in North Carolina. Such
				  designation shall remain in effect unless Division assessments indicate that a
				  designated organization is not in compliance with the requirements of the
				  "Manual of Policies and Procedures" or does not submit an acceptable area plan
				  or plan update.
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321;
Eff. October 1, 1980;
Amended Eff.
					 April 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0205 - ALLOCATION OF FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of
				  Aging shall allocate all appropriate funds received under the Older Americans
				  Act, from the State, other federal agencies and any other source in accordance
				  with criteria established by the Division. The criteria will include such
				  factors as needs of the state's elderly, socioeconomic factors and other
				  conditions which might impact on North Carolina's older population.
(b) The formula for allocation of federal
				  funds shall be revised periodically. Information on the current formula may be
				  obtained from: The Division of Aging, 693 Palmer Drive, 2101 Mail Service
				  Center, Raleigh, North Carolina 27699-2101.
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321;
Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0206 - APPLICATIONS FOR SUPPORT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All proposals for support of Older Americans Act and related activities shall
				  be submitted to the Division of Aging on a format prescribed by the Division.
				  The format has been individualized for area plans, Title V applications,
				  special state funding and other programs. Potential applicants may obtain
				  guidance on the application process by consulting the Division's "Manual of
				  Policies and Procedures" or by contacting the Division.
(b) All Older Americans Act funds, except
				  Title V, shall be applied for as a part of the area plan process.
(c) All applications subject to A-95 review
				  requirements shall be submitted to the appropriate state and federal regional
				  clearinghouses according to state and federal requirements.
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321;
Eff. October 1, 1980;
Amended Eff.
					 April 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0207 - DIVISION OF AGING REVIEW OF APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Applications for funding from the Division of Aging shall be reviewed according
				  to specific procedures established for each program. These procedures are
				  contained in Subchapter 05C and reprinted in the Division's "Manual of Policies
				  and Procedures". As necessary, additional information may be provided through
				  program memoranda.
(b) The Division
				  of Aging has established procedures to assure that all recipients of award are
				  notified of the approval of projects in writing on a standard notification of
				  grant award form (NGA) or other suitable award documents. This procedure
				  assures that the recipient of an award is provided with adequate information
				  relating to any conditions placed on the award.
(c) All approved applications shall stand
				  approved as submitted, except for any modifications or conditions made by the
				  Division of Aging in notifying the recipient of the award of approval of the
				  project.
(d) The Division of Aging
				  shall secure in writing from each recipient of award an acceptance of the award
				  and any conditions thereto, including any budget revisions under which the
				  award is made. The recipient of the award shall operate the project in
				  accordance with the approved application and the NGA or other award
				  document.
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321;
Eff. October 1, 1980;
Amended Eff.
					 April 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0208 - ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Aging requires all grantees and contractors
					 to establish acceptable methods for administering Older Americans Act and
					 related programs. The Division shall periodically monitor, assess and evaluate
					 the administrative systems being utilized by grantees in order to assure that
					 they meet minimal standards of operation.
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321;
Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0209 - STANDARDS OF PERSONNEL ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Title III grantees of the Division of
				  Aging are required to comply with North Carolina Merit System standards, and
				  are responsible for assuring that contractors under their auspices similarly
				  comply with such standards, except that Councils of Government Level Regional
				  Organizations, and other private non-profit organizations shall not be subject
				  to this requirement.
(b) Grantees
				  of the Division of Aging shall assure that all contractors under their auspices
				  maintain an up-to-date compensation plan which includes both job classification
				  and compensation policies and procedures.
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321;
5 C.F.R., Part 900;
Eff. October 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0210 - AFFIRMATIVE ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of
				  Aging has developed (and revises as necessary) an affirmative action plan for
				  equal employment opportunity. The affirmative action plan addresses minorities,
				  women, physical handicapped and older persons in quantitative and qualitative
				  terms.
(b) The Division of Aging
				  requires that all Older Americans Act grantees have acceptable affirmative
				  action plans consistent with criteria established by the Division, as a
				  condition for approval of grant awards.
(c) Any area agency which is a public agency
				  shall have an affirmative action program which complies with the requirements
				  of Section 900.607 of Title 5 of the Code of Federal Regulations, Part 900,
				  Subpart F, Standards for a Merit System of Personnel Administration.
(d) Older Americans Act project grantees
				  shall, as a minimum, obtain a statement of assurance from subgrantees and
				  subcontractors to providing equal opportunities in carrying out the activities
				  funded under the Older Americans Act.
(1) The
				  statement of assurance shall be on file with the award document.
(2) Project grantees must monitor
				  subgrantees' and subcontractors' compliance with the equal employment
				  opportunity requirements.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0211 - EXPIRED - PUBLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321;
Eff. October 1, 1980;
Amended Eff.
					 April 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule Expired June 1,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0212 - CONFIDENTIALITY AND DISCLOSURE

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Aging requires AAAs and services providers
					 to develop and adhere to policies consistent with those of the Division
					 regarding the confidentiality of participant information under Older Americans
					 Act programs.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 45 C.F.R.
					 1321.9;
Eff. October 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0213 - CODE OF CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of
				  Aging has an established code of conduct, as set out in the State of North
				  Carolina's Personnel Manual, which governs the performance of its employees or
				  agents in contracting with or expanding federal or state grant funds.
(b) All grantees and contract agencies
				  providing services and programs under Older Americans Act assistance shall
				  adopt a code of conduct which meets the criteria of the Division's "Manual of
				  Policies and Procedures" and is consistent with the provisions of the
				  Division's code of conduct.
Authority
					 G.S.
					 143B-10;
					 143B-138;
Eff.
					 October 1, 1980;
Amended Eff. April 1, 1990;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0214 - 504 HANDICAPPED PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All facilities which initially become available for use in
					 services or programs assisted with Older Americans Act or other state agency
					 administered funds after October 1, 1980 shall meet the requirements for
					 accessibility of the handicapped under provisions of Section 504 of the
					 Rehabilitation Act of 1973.
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R Part
					 84;
Eff. October 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter C - ADMINISTRATIVE PROVISIONS › Section .0200 - DIVISION OF AGING › Section 05C .0215 - DUTIES REGARDING DISCRIMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of Aging administers Older
				  Americans Act, state, and other funds in compliance with 45 C.F.R., Parts 80,
				  84 and 91, and Title VI of the Civil Rights Act. Each agency, contractor and
				  subgrantee is required to abide by these provisions, which prohibit
				  discrimination in service delivery and employment in division administered
				  programs on the basis of age, race, color, national origin, sex, religion, and
				  handicap.
(b) In carrying out its
				  responsibilities regarding discrimination, the Division of Aging shall perform
				  the following functions:
(1) Inform and
				  instruct Division of Aging staff regarding their obligations under the
				  aforesaid parts;
(2) Inform and
				  instruct all agencies and organizations which provide services, financial aid
				  or other benefits under Older Americans Act programs of their necessity to
				  comply with the aforesaid regulations as a condition to initial or continued
				  financial participation in the program;
(3) Inform beneficiaries, participants,
				  potential beneficiaries and other interested persons that services, financial
				  aid and other benefits of the program must be provided on a nondiscriminatory
				  basis as required by 45 C.F.R., Parts 80, 84 and 91 and Title VI of the Civil
				  Rights Act; and of their right to file a complaint with the Division of Aging
				  if there is evidence of discrimination on the basis of age, race, color,
				  national origin, sex, religion, or handicap.
(4) Inform division staff, other agencies on
				  aging, and older persons that referrals may not be made to agencies,
				  institutions, organizations, facilities, individual practitioners, etc. that
				  engage in discrimination;
(5)
				  Inform all grantees that they shall maintain a current properly executed Form
				  441 as a part of their official files. A copy of Form 441 is available at the
				  Division of Aging.
(6) Division of
				  Aging and grantee staff members shall conduct periodic reviews, including
				  on-site visits as appropriate, of the agencies and organizations participating
				  in Older Americans Act programs to assure that their practices are in
				  conformity with the Civil Rights Act, state and federal regulations and
				  policies, and executed statements of compliance.