reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter L - MATERNITY HOME FUND › Section 71L .0105 - PROCEDURE FOR APPROVAL AND PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				State Maternity Fund forms, correspondence, and monthly billing statements
				shall be addressed to the State Maternity Fund Coordinator, whose contact
				information can be found on the "Application for State Maternity Fund" Form
				DSS-6187, which may be accessed at
https://policies.ncdhhs.gov/divisional/social-services
.
(b) Upon receipt of a completed "Application
				for State Maternity Fund" Form DSS-6187, the North Carolina Division of Social
				Services shall make a decision regarding approval for State Maternity Fund
				payments and the recommended type of living arrangement per the application.
				Notice of action taken shall be communicated to the county department of social
				services or to the private adoption agency submitting the application with a
				copy routed to the applicable maternity home, or the approved living
				arrangement.
(c) County departments
				of social services and North Carolina licensed private adoption agencies shall
				submit notification tothe Division of Social Services when the client is
				admitted to or discharged from the approved living arrangement.
(d) If the approved living arrangement is
				other than a maternity home, the service agency shall submit a completed copy
				of the "State Maternity Fund Residential Care Provider Agreement" Form DSS-6189
				negotiated with the individual responsible for maintaining the living
				arrangement, to the North Carolina Division of Social Services before payment
				may be made to the residential care provider.
(e) At the end of each month the State
				Maternity Fund Coordinator will generate a monthly reimbursement worksheet for
				each maternity home or alternate living arrangement. An authorized individual
				from the maternity home or authorized living arrangement shall review, correct,
				and certify information reported. The authorized individual shall then mail the
				worksheet to the North Carolina Division of Social Services for a signature by
				the State Maternity Fund Coordinator for approval and submission to the North
				Carolina Department of Health and Human Services Controller's Office (2019 Mail
				Service Center, Raleigh, NC 27699-2019).
Authority
				  G.S.
				  143B-153;
Eff. April 1,
				  1978;
Amended Eff. January 1, 1983;
Readopted Eff.
				  September 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter L - MATERNITY HOME FUND › Section 71L .0106 - DEVELOPMENT OF SERVICE PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Pregnancy
				Services caseworker shall complete a needs assessment. If during the process of
				assessing the needs of a pregnant minor, abuse or neglect is suspected, the
				Pregnancy Services caseworker shall notify the agency's Child Protective
				Services Unit. After the assessment is completed, the caseworker and the client
				shall jointly finalize a specific plan for services, building in time frames
				for action and identifying channels for accessing resources to be provided by
				outside agencies.
(b) The service
				agency's plan for providing services to the client and her child shall be
				transmitted to the North Carolina Division of Social Services as part of the
				"Application for State Maternity Fund" Form DSS-6187, which may be accessed at
https://policies.ncdhhs.gov/divisional/social-services
.
(c) As needed and appropriate, the plan shall
				address the following:
(1) Counseling
				needs;
(2) Medical Care;
(3) Medical Assistance;
(4) Nutritional Needs;
(5) Residential or Housing needs;
(6) Educational needs;
(7) Employment Training;
(8) Parenting Education;
(9) Financial planning;
(10) Child Care; and
(11) Family Planning.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter L - MATERNITY HOME FUND › Section 71L .0107 - ASSESSING THE APPROPRIATENESS OF ALTERNATIVE TYPES OF LIVING ARRANGEMENTS FOR INDIVIDUAL CLIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Pregnancy
				Services caseworker shall evaluate the appropriateness of any community living
				arrangement based upon the aspects set forth in Paragraph (c) of this Rule for
				which the State Maternity Fund is requested, whether it is a boarding
				arrangement, the home of a non-legally responsible relative, or a licensed
				family foster home.
(b) When
				residential care in a family foster home is being considered for a minor, the
				Pregnancy Services caseworker shall request the assistance of the Foster Care
				Services staff in determining whether a home is available, and complete an
				assessment of the placement for the pregnant client and for all other persons
				residing in the home. A decision shall be reached by the Foster Care worker and
				the Pregnancy Services caseworker as to the individual assuming responsibility
				for case management.
(c) The
				following aspects of a community living arrangement shall be explored in
				determining the appropriateness for individual placements:
(1) Location and surroundings;
(2) Physical environment;
(3) Emotional environment;
(4) Stability of living arrangement;
				and
(5) Emergency
				transportation.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter M - COMMUNITY LIVING SERVICES › Section 71M .0102 - METHODS OF SERVICE PROVISION

Current through Register Vol. 39, No. 2, July 15, 2024
Community living services shall be provided directly or may
				  be purchased through contractual arrangements.
Authority
				  G.S.
				  143B-153;
Eff. July 23,
				  1979;
Transferred from T10.43I .0203 Eff. July 1, 1983;
Amended Eff. June 1, 1990; July 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 20,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter M - COMMUNITY LIVING SERVICES › Section 71M .0103 - CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The client must
				be at a developmental level which will permit appropriate utilization of
				services.
(b) Individualized
				treatment plans shall be formulated, recorded, and updated by the service
				provider.
(c) When the service is
				purchased, a progress report on each client shall be sent to the county
				department of social services at the time of recertification.
(d) If the service is offered in conjunction
				with other programs in either institution or community, activities of the
				clients, personnel, and program expenditures shall be recorded so that
				reimbursements from Social Services Block Grant (Title XX) of the Social
				Security Act are identifiable and justifiable.
(e) A community facility housing the service
				shall meet safety, sanitation, and staffing requirements approved by the
				Department of Health and Human Services for adult developmental activities
				programs.
(f) All intrinsic
				elements identified in the service must be offered to clients as needed and
				appropriate to the particular person. All elements identified in the primary
				service definition as optional may be provided at the option of the
				provider.
(g) Even though the
				community living services program may be housed in the facility of another
				service program, it shall have its own service providers and provide them
				direct supervision and professional direction.
(h) The service must be provided for reasons
				specified in the definition and must be based on the individual needs of the
				client who cannot function independently in social situations.
(i) Periodic evaluation of the client and of
				the program must occur.
(j) There
				must be ongoing staff development for service providers.
(k) By virtue of special training, caregivers
				must be capable of providing community living services.
(l) Remedial services shall focus on highly
				specific, limited portions of behavior for the purpose of correcting,
				overcoming, or adjusting to difficulties in functioning.
(m) Any work activity training provided shall
				focus on those things which prepare an individual for employment. Employment
				itself is not considered work activity training.
(n) When speech therapy is offered, it shall
				be based on an individualized plan for the client designed by a speech
				therapist, which assists in the learning and development of appropriate speech
				and language patterns.
(o) When
				physical therapy is offered, it shall be based on an individualized plan for
				the client designed by a physical therapist, which assists in the learning and
				development of fine and gross motor skills.
Authority
				  G.S.
				  143B-153;
Eff. July 23,
				  1979;
Transferred from T10.43I .0204 Eff. July 1, 1983;
Amended Eff. June 1, 1990;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 20,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter N - EMPLOYMENT AND TRAINING SUPPORT SERVICES › Section 71N .0101 - METHODS OF PROVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Employment and
				training support services as defined in
				10A NCAC
				71R .0905 and funded by Social Services Block
				Grant (Title XX) of the Social Security Act, may be provided directly by county
				departments of social services or may be purchased under contract.
(b) The following elements of the service may
				be purchased through cash or vendor payment:
(1) tuition, supplies and rental or purchase
				of books for training in technical institutes and community colleges;
(2) lunches, uniforms, tools and other
				equipment necessary to enable individuals to accept training or
				employment;
(3) transportation to
				enable individuals to make application and interview for employment and to
				participate in training leading to employment.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter O - REGUGEE ASSISTANCE SERVICES › Section 71O .0101-.0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
Eff. March 22,
				  1980;
Amended Eff. May 1, 1990; January 1, 1983;
Repealed Eff. September 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter O - REGUGEE ASSISTANCE SERVICES › Section 71O .0104 - ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of
				this Subchapter, 8 U.S.C.
				1522,
				45 CFR 400.5,
				45 CFR
				400.154,
				45 CFR 400.155, and
				45 CFR
				400.156 are hereby incorporated by reference
				including any subsequent amendments and editions, and may be accessed at
www.gpo.gov
or
www.congress.gov
at no charge.
(b) For purposes of assistance and services
				as set forth in 8 U.S.C.
				1522, the individual:
(1) must be a Refugee, admitted under INA
				207;
(2) Asylees, granted asylum
				under INA 208;
(3) Cuban and
				Haitian Entrants, as defined under federal regulations (45 CFR
				401.2);
(4) CertainAmerasians; Trafficking Victimswho
				have been issued an Office of Refugee Resettlement certification
				letter;
(5) SpecialImmigrant Visa
				holders from Iraq and Afghanistan; or
(6) Legal Permanent Residents (LPR)who were
				admitted originally as one of the previous statuses.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0100 - GENERAL PROVISIONS › Section 71P .0101 - SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
The Department of Health and Human Services, Division of
					 Aging and Adult Services, Adult Services Section, is responsible for
					 supervising the administration of the State/County Special Assistance Program.
					 The section is located at 693 Palmer Drive, 2101 Mail Service Center, Raleigh,
					 North Carolina, 27699-2101. The office is open during regular business
					 hours.
Authority
					 G.S.
					 108A-40;
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0100 - GENERAL PROVISIONS › Section 71P .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of this Chapter are the following
					 definitions:
(1) "Adult Care Facility"
				  for purposes of this Subchapter shall mean group residential care facilities
				  for persons who cannot remain in their own homes and who reside in facilities
				  licensed by the Department of Health and Human Services defined in the
				  following statutes and rules:
(a) Adult Care
				  Homes - G.S. 131D-2.1-10,
				  10A NCAC
				  13F .0200, and
				  10A NCAC
				  13G .0200;
(b) Facilities for persons with mental
				  illness and developmental disabilities -
				  G.S.
				  122C-21,
				  10A NCAC
				  27G .5601(c)(1) and
				  (3);
(c) For persons aged less than 18 who are
				  legally blind, facilities licensed pursuant to
				  10A NCAC
				  27G .2101.
(d) Combination Homes in Nursing Facilities -
				  G.S.
				  131E-101(1) and
				  (1a);
(e) Combination Facilities in Hospitals -
				  10A NCAC
				  13B .1902(6); and
(f) Hospice Residential Care Facilities -
				  G.S.
				  131E-201(5a).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0100 - GENERAL PROVISIONS › Section 71P .0103 - STATE/COUNTY SPECIAL ASSISTANCE PROGRAM PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The following general procedures shall be applicable to the
					 State/County Special Assistance Program:
(1) Notice and hearing rules set forth in
				  10A NCAC
				  67A .0200 shall apply to the State/County
				  Special Assistance Program.
(2)
				  Confidentiality rules set forth in
				  10A NCAC
				  69 shall apply to the State/County Special
				  Assistance Program.
Authority
					 G.S.
					 108A-40;
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0200 - ADULT CARE › Section 71P .0201 - MAXIMUM RATES

Current through Register Vol. 39, No. 2, July 15, 2024
The County Department may negotiate rates lower than the
					 maximum rates with operators of Adult Care Facilities. Maximum rates are
					 established by the General Assembly and are available on the Department of
					 Health and Human Services website at
www.dhhs.nc.gov
and in each County
					 Department.
Authority
					 G.S.
					 108A-40;
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 2016; February 1,
					 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0200 - ADULT CARE › Section 71P .0202 - LICENSED FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Adult Care
				  Facilities that accept State/County Special Assistance Program payments from
				  recipients residing in such facilities as set forth in
				  G.S.
				  108A-41(a) and Rule .0102(1)
				  of this Subchapter shall have signed a civil rights compliance statement and
				  have submitted it to the Division of Aging and Adult Services pursuant to
				  42 U.S.C.
				  2000d and
				  45 C.F.R. 80.2.
(b) Adult Care Facilities shall be licensed
				  by the Department of Health and Human Services.
(c) This Rule does not apply to the
				  State/County Special Assistance In-Home Program or to the State/County Special
				  Assistance for the Certain Disabled Program.
Authority
					 G.S.
					 108A-40;
					 108A-41;
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0300 - BUDGETING PRINCIPLES › Section 71P .0301 - MINIMUM PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The minimum State/County Special Assistance Program payment
					 is one dollar ($1.00).
Authority
					 G.S.
					 108A-40;
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0300 - BUDGETING PRINCIPLES › Section 71P .0302 - RECIPIENT IN AN ADULT CARE FACILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The monthly State/County Special Assistance Program payment
					 computation shall comply with
					 42 C.F.R.
					 435.232(b)(2). The payment
					 shall be computed by:
(1) Determining
				  the Maintenance Amount, as defined in Rule .0102(13) of this
				  Subchapter;
(2) Subtracting the
				  recipient's Countable Monthly Income from the Maintenance Amount; and
(3) Rounding the difference to the nearest
				  dollar.
Authority
					 G.S.
					 108A-40;
					 108A-41;
					 143B-153;
					 42 C.F.R.
					 435.232(b)(2);
Eff. January 1, 1983;
Amended Eff. June 1, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0300 - BUDGETING PRINCIPLES › Section 71P .0303-.0304

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. January 1,
					 1983;
Repealed Eff. June 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0300 - BUDGETING PRINCIPLES › Section 71P .0305 - CERTAIN DISABLED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
The minimum payment for Certain Disabled cases is five
					 dollars ($5.00). The following budgeting principles apply:
(1) An individual applicant/recipient's
				  special assistance payment is computed by allowing one hundred twenty-seven
				  dollars ($127.00) for maintenance; subtracting net income from needs; and
				  rounding the difference to the nearest dollar.
(2) If an applicant or recipient has a needy
				  spouse or other essential person residing in his own home, the recipient's
				  special assistance payment shall be computed by allowing one hundred sixty-five
				  dollars ($165.00) for maintenance; subtracting their combined net income from
				  their needs; and rounding the difference to the nearest dollar.
Authority
					 G.S.
					 143B-153;
Eff. January 1,
					 1983;
Amended Eff. July 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0300 - BUDGETING PRINCIPLES › Section 71P .0306 - RECIPIENT IN AN IN-HOME LIVING ARRANGEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  State/County Special Assistance In-Home Program maximum payment for recipients
				  living in an in-home living arrangement and not in an Adult Care Facility shall
				  be computed by:
(1) determining the
				  Maintenance Amount as set forth in Rule .0102(13) of this Subchapter;
(2) subtracting the recipient's Countable
				  Monthly Income from the Maintenance Amount; and
(3) rounding the difference to the nearest
				  dollar.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0400 - MIXED BUDGETING: WHEN OTHER BUDGET MEMBERS ARE RECIPIENTS › Section 71P .0401-.0406

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. January 1,
					 1983;
Repealed Eff. June 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0500 - PAYMENT PROCEDURES › Section 71P .0501 - SUBSTITUTE PAYEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The recipient
				  shall be payee for his or her own State/County Special Assistance Program
				  payment unless the recipient or his or her Authorized Representative designates
				  an Authorized Representative to serve as a Substitute Payee.
(b) The administrator or a staff member of an
				  Adult Care Facility shall not act as Substitute Payee for State/County Special
				  Assistance Program payments for recipients who reside at the Adult Care
				  Facility that employs such administrator or staff member, as set forth in
				  10A NCAC
				  13F .1103.
(c) The director of the County Department may
				  invoke the procedures set forth in
				  G.S.
				  108A-37 when he or she determines that a
				  recipient is unwilling or unable to manage his or her State/County Special
				  Assistance Program payments to the extent that deprivation or hazard to himself
				  or herself or others results.
(d)
				  State/County Special Assistance Program payments shall not be issued to persons
				  or entities designated in
				  G.S.
				  108A-47.
Authority
					 G.S.
					 108A-25;
					 108A-37;
					 108A-40;
					 108A-47;
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0500 - PAYMENT PROCEDURES › Section 71P .0502 - PAYMENT AUTHORIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) State/County
				  Special Assistance Program payments for any recipient shall not be authorized
				  prior to the month of application.
(b) If SSI approval is pending at the time of
				  application, the State/County Special Assistance Program payment may be
				  authorized retroactive to the month SSI was approved if the recipient was in an
				  Adult Care Facility and had applied for the State/County Special Assistance
				  Program during the month that such assistance was approved.
(c) If a recipient enters an Adult Care
				  Facility or meets the North Carolina residency requirement for the State/County
				  Special Assistance Program after the first day of the month and all other
				  eligibility criteria are met, the recipient shall be eligible only for a
				  partial payment for that month from the date of entry or the date the recipient
				  meets the residency requirement to the end of the month. The payment shall be
				  computed without considering income.
(d) If a recipient's level of care is
				  determined to no longer be Adult Care Facility level and a bed is not readily
				  available under the Medicaid Program, the State/County Special Assistance
				  Program payments shall continue until a bed at the appropriate level of care is
				  available for the recipient.
Authority
					 G.S.
					 108A-40;
					 108A-41(b);
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. July 1, 1988;
Temporary
					 Amendment Eff. October 28, 1997;
Amended Eff. June 1, 2016; April
					 1, 1999;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0500 - PAYMENT PROCEDURES › Section 71P .0503 - CORRECTION OF UNDERPAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Retroactive adjustment for any underpayment that results
					 from administrative errors shall be made, but the correction shall not be made
					 for any underpayment that was made more than 12 months before the corrective
					 action is taken by the eligibility specialist.
Authority
					 G.S.
					 143B-153;
Eff. January 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0500 - PAYMENT PROCEDURES › Section 71P .0504 - CORRECTION OF OVERPAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  overpayment caused by an error by a Department of Health and Human Services
				  staff member in interpreting program regulations shall be charged to the
				  State.
(b) If an overpayment is
				  caused by failure of the recipient or his or her Authorized Representative to
				  report a Change in Situation as set forth in Rule .0602(b)(5)(C) of this
				  Subchapter, and if fraud is not suspected, the County Department shall direct
				  the recipient to refund the overpayment.
(1)
				  If the recipient refuses to refund the overpayment, the State/County Special
				  Assistance Program monthly payment may be reduced up to 10 percent if he or she
				  has:
(A) disregarded earned income determined
				  pursuant to 20 U.S.C
				  416.1112; or
(B) countable resources, as defined in Rule
				  .0904 of this Subchapter, greater than the amount of the overpayment.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0500 - PAYMENT PROCEDURES › Section 71P .0505 - ISSUANCE OF PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The County
				  Department shall authorize State/County Special Assistance Program payments
				  based on the eligibility determination decision of the Caseworker.
(b) All payments shall be issued by the
				  electronic method requested by the recipient or Substitute Payee.
(c) Payments may be replaced up to 12 months
				  after initial issuance.
Authority
					 G.S.
					 108A-40;
					 108A-43;
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0500 - PAYMENT PROCEDURES › Section 71P .0506 - REPEALED - RECEIPT AND USE OF CHECKS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. January 1,
					 1983;
Repealed Eff. June 1, 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0500 - PAYMENT PROCEDURES › Section 71P .0507 - EXPIRED - LOST: STOLEN AND FORGED CHECKS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
					 108A-40;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 2016; May 1,
					 1988;
Expired Eff. June 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0500 - PAYMENT PROCEDURES › Section 71P .0508 - FRAUD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Definitions: Fraud and Misrepresentation.
(1) For the purposes of this Subchapter, an
				  applicant or recipient engages in fraud when he or she willfully and knowingly
				  with the intent to deceive:
(A) makes a false
				  statement or misrepresentation;
(B)
				  fails to disclose a material fact; or
(C) does not report any Change in Situation
				  that affects the amount of the State/County Special Assistance Program payment;
				  and as a result obtains or continues to receive a payment.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0600 - APPLICATION PROCESS › Section 71P .0601 - ACCEPTANCE OF APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
A County Department shall accept an application for the
					 State/County Special Assistance Program as set forth in this Rule.
(1) An applicant shall be allowed to apply on
				  the same day the applicant appears at any County Department.
(2) The applicant shall be informed, orally
				  and in writing, that:
(a) he or she may apply
				  on the same day he or she appears at any County Department;
(b) a decision shall be made concerning his
				  or her application within the time standards set forth in Rule .0604 of this
				  Subchapter; and
(c) the applicant
				  shall receive a written decision from the County Department concerning the
				  application.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0600 - APPLICATION PROCESS › Section 71P .0602 - INITIAL APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Caseworker
				  shall explain that eligibility for the State/County Special Assistance Program
				  provides:
(1) a cash payment; and
(2) Medicaid as set forth in
				  42 C.F.R.
				  435.232 and
				  10A NCAC 23D .0102(2). Neither
				  42 U.S.C.
				  1382e,
				  20 C.F.R. 416.2001,
				  42 C.F.R.
				  435.232, nor
				  10A NCAC
				  23D .0102(2) shall apply to
				  the State/County Special Assistance In-Home Program nor to the State/County
				  Special Assistance for the Certain Disabled Program.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0600 - APPLICATION PROCESS › Section 71P .0603 - ELIGIBILITY DETERMINATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
The following steps shall be followed by the County
					 Department in determining eligibility for the State/County Special Assistance
					 Program:
(1) each eligibility factor as
				  set forth in Rules .0804 and .0805 of this Subchapter shall be
				  reviewed;
(2) the Caseworker shall
				  verify the applicant's residence in a licensed Adult Care Facility or the Case
				  Manager shall verify the applicant's residence in an in-home living
				  arrangement;
(3) the applicant
				  shall be asked whether he or she receives SSI benefits. If the applicant's
				  income is less than the Federal Benefit Rate for SSI pursuant to
				  20 C.F.R.
				  416.1101, the individual shall also apply for
				  SSI benefits in order to be eligible for the State/County Special Assistance
				  Program. If he or she has not applied for SSI prior to his or her application
				  for the State County Special Assistance Program, he or she shall be asked to
				  apply. The State/County Special Assistance Program application shall not be
				  approved or denied until a decision on the SSI application is received;
				  and
(4) for applicants of the
				  State/County Special Assistance In-Home Program, the Case Manager shall conduct
				  a comprehensive functional assessment that that shall include the areas set
				  forth in 10A NCAC 71A .0208. This
				  assessment shall determine whether the State/County Special Assistance In-Home
				  Program payment and case management services provided by the Case Manager will
				  be sufficient to meet the needs of the recipient in the home and help prevent
				  placement in an Adult Care Facility. The applicant shall agree to accept case
				  management to be approved for the State/County Special Assistance In-Home
				  Program. The case management services shall be consistent with Individual and
				  Family Adjustment Services pursuant to
				  10A NCAC
				  71R .0910(a).
Authority
					 G.S.
					 108A-40;
					 108A-41;
					 143B-153;
Eff.
					 January 1, 1983;
Temporary Amendment Eff. January 1,
					 2000;
Amended Eff. June 1, 2016; July 17, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0600 - APPLICATION PROCESS › Section 71P .0604 - TIME STANDARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless
				  otherwise provided in this Rule, complete applications as set forth in Rule
				  .0602(b) and .0602(c) of this Subchapter shall be processed and a notice
				  approving or denying the application stating the effective date of the payment
				  shall be mailed:
(1) within 45 calendar days
				  from the date the application form is signed for persons aged 65 and older;
				  and
(2) within 60 calendar days
				  from the date the application form is signed for persons aged less than
				  65.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0600 - APPLICATION PROCESS › Section 71P .0605 - RECOMMENDATION

Current through Register Vol. 39, No. 2, July 15, 2024
When all information necessary for an eligibility
					 determination has been obtained, the eligibility specialist shall recommend
					 whether to approve or to deny assistance. The recommendation shall be based on
					 reliable, relevant information. If the authority to approve assistance has been
					 delegated by the county board of social services to the county director, the
					 recommendation may be made to the county director. The eligibility staff shall
					 have no authority to approve or reject an application.
Authority
					 G.S.
					 108A-43;
					 143B-153;
Eff.
					 January 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0600 - APPLICATION PROCESS › Section 71P .0606 - DISPOSITION

Current through Register Vol. 39, No. 2, July 15, 2024
Disposition of the application shall complete the
					 application process and shall consist of one of the following actions:
(1) Authorization of assistance;
(2) Denial of assistance;
(3) Voluntary withdrawal of application.
				  Withdrawal shall be by the applicant or his representative and shall be
				  voluntary. The eligibility specialist shall attempt to make sure that the
				  applicant or representative understands the nature of his action and
				  understands that he may reapply at any time.
Authority
					 G.S.
					 143B-153;
Eff. January 1,
					 1983;
Amended Eff. June 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0600 - APPLICATION PROCESS › Section 71P .0607 - REPORT OF DISPOSITION

Current through Register Vol. 39, No. 2, July 15, 2024
Using the same form used to notify the state office of the
					 processing of an application, the county shall report the disposition of the
					 application. This form shall be used to initiate assistance if the application
					 is approved.
Authority
					 G.S.
					 143B-153;
Eff. January 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0600 - APPLICATION PROCESS › Section 71P .0608 - NOTICE TO APPLICANT

Current through Register Vol. 39, No. 2, July 15, 2024
The director of the County Department or his or her
					 designee shall notify the applicant or his or her Authorized Representative or
					 any designated person, in writing of the disposition of the application. The
					 notification for approval must include the effective date of eligibility for
					 the State/County Special Assistance Program.
Authority
					 G.S.
					 108A-40;
					 108A-79;
					 143B-153;
Eff. June
					 1, 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0700 - REDETERMINATION OF ELIGIBILITY › Section 71P .0701 - TIME AND CONTENT

Current through Register Vol. 39, No. 2, July 15, 2024
All eligibility factors as set forth in Rules .0804 and
					 .0805 of this Subchapter that are subject to change shall be reviewed at least
					 once every 12 months, before the recipient receives the 13th State/County
					 Special Assistance Program payment. The eligibility factors subject to change
					 include:
(1) place of
				  residence;
(2) level of
				  care;
(3) income;
(4) resources; and
(5) change in household composition.
The Caseworker shall also evaluate the effect on
					 eligibility of any Change in Situation reported by the recipient, his or her
					 Authorized Representative, or made known to the Caseworker by another
					 method.
Authority
					 G.S.
					 108A-40;
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0700 - REDETERMINATION OF ELIGIBILITY › Section 71P .0702 - VERIFICATION OF FACILITY RESIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
The Caseworker shall verify the Adult Care Facility
					 residence for each recipient in all cases due for a review each month. This
					 Rule shall not apply to recipients eligible for the State/County Special
					 Assistance for the Certain Disabled Program and State/County Special Assistance
					 In-Home Program.
Authority
					 G.S.
					 108A-40;
					 108A-41;
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0700 - REDETERMINATION OF ELIGIBILITY › Section 71P .0703 - INTERVIEW AND RECOMMENDATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  recipient's rights and responsibilities shall be explained as specified in
				  10A NCAC
				  71P .0602.
(b) Following the interview the eligibility
				  worker shall recommend action.
Authority
					 G.S.
					 143B-153;
Eff. January 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0700 - REDETERMINATION OF ELIGIBILITY › Section 71P .0704 - REPEALED - RE-EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153; S.L. 1999-237;
Temporary Adoption Eff. January 1, 2000;
Eff. July 17,
					 2000;
Repealed Eff. June 1, 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0700 - REDETERMINATION OF ELIGIBILITY › Section 71P .0705 - NOTICE TO RECIPIENT OF INTENDED ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
The director of the County Department or his or her
					 designee shall notify the recipient and his or her Authorized Representative or
					 any designated person, in writing of any intended action to terminate or modify
					 the recipient's State/County Special Assistance Program payment, as
					 follows:
(1) Notice shall be sent no
				  later than 10 business days before the proposed action becomes effective, as
				  authorized by 108A-79(b).
(2)
				  Notwithstanding the requirements of Item (1) of this Rule, an action to modify
				  or terminate the payment shall be effective immediately, as authorized by
				  G.S.
				  108A-79(b),
				  10A NCAC
				  67A .0202, and
				  42 CFR
				  431.213(a) through
				  42 CFR 431.213(f), in the
				  following circumstances:
(a) the County
				  Department terminates the State/County Special Assistance Program payment based
				  on verification of the death of the recipient;
(b) the recipient is admitted to a public
				  institution and no longer qualifies for assistance;
(c) the recipient signs and dates a written
				  request to have the State/County Special Assistance Program terminated or
				  reduced;
(d) the recipient is
				  placed in skilled nursing care, intermediate care, or long-term
				  hospitalization;
(e) the
				  recipient's whereabouts are unknown and agency mail has been returned by the
				  post office indicating no known forwarding address; or
(f) the modification is beneficial to the
				  recipient.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0800 - COVERAGE › Section 71P .0801-.0803

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-41(b);143B-153;
Eff.
					 January 1, 1983;
Temporary Amendment Eff. October 28,
					 1997;
Amended Eff. April 1, 1999;
Repealed Eff. June 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0800 - COVERAGE › Section 71P .0804 - PERSONS WHO ARE ELIGIBLE FOR THE STATE/COUNTY ASSISTANCE PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
The State/County Special Assistance Program shall be
					 provided only for persons who:
(1) meet
				  one of the following age or disability requirements:
(a) are aged 65 or older;
(b) are aged less than 65 and are disabled or
				  legally blind, pursuant to
				  G.S.
				  108A-42(a) and the Social
				  Security Act 42 U.S.C.
				  1382c.; or
(c) are aged less than 18 and legally
				  blind.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0800 - COVERAGE › Section 71P .0805 - STATE/COUNTY SPECIAL ASSISTANCE FOR THE CERTAIN DISABLED PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
The State/County Special Assistance for the Certain
					 Disabled Program shall be provided only for persons who are:
(1) ineligible for SSI and are not receiving
				  SSI;
(2) aged 18 or older and less
				  than 65;
(3) in need of the level
				  of care provided in licensed Adult Care Facilities;
(4) not inmates of public
				  institutions;
(5) residing in North
				  Carolina voluntarily with the intent to remain and meet the North Carolina
				  residency requirement for the State/County Special Assistance
				  Program;
(6) U.S. citizens or
				  qualified aliens as set forth is Rule .0902(a)(2) in this Subchapter;
				  and
(7) not receiving Medicaid for
				  the same month as they would receive State/County Special Assistance for the
				  Certain Disabled Program.
Authority
					 G.S.
					 108A-25;
					 108A-40;
					 108A-41(b);
					 108A-41(d);
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. November 2, 1992; February 1,
					 1986;
Temporary Amendment Eff. October 28, 1997;
Amended Eff. June 1, 2016; April 1, 1999;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0900 - ELIGIBILITY FACTORS › Section 71P .0901 - AGE

Current through Register Vol. 39, No. 2, July 15, 2024
Verification of age is required for all applicants, or
					 recipients by documentary evidence. If age cannot be verified in the time limit
					 for processing the application, the worker shall use a temporary determination
					 of age.
Authority
					 G.S.
					 108A-41;
					 143B-153;
Eff.
					 January 1, 1983;
Amended Eff. June 1, 1990; February 1,
					 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter P - STATE/COUNTY SPECIAL ASSISTANCE FOR ADULTS › Section .0900 - ELIGIBILITY FACTORS › Section 71P .0902 - UNITED STATES CITIZENSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Eligibility Requirement. A recipient shall be:
(1) A citizen of the United States;
				  or
(2) An alien lawfully admitted
				  for permanent residence or an alien residing in the United States under color
				  of law;
as set forth in 20 C.F.R .416.1600 through
					 .1618.