reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter G - HOME AND COMMUNITY CARE BLOCK GRANT FOR OLDER ADULTS › Section .0300 - PRIORITY FOR THE RECEIPT OF BLOCK GRANT SERVICES › Section 05G .0302 - CLIENT PRIORITIES FOR RECEIPT OF SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Once service providers have determined that individuals meet eligibility
				  criteria for a given Home and Community Care Block Grant for Older Adults
				  service, individuals shall be served in the following priority order:
(1) Older adults for whom the need for Adult
				  Protective Services has been substantiated by the local department of social
				  services and the service is needed as part of the adult protective service
				  plan.
(2) Older adults who are at
				  risk of abuse, neglect, or exploitation.
(3) Older adults with three or more
				  impairments in activities of daily living (ADL's), or instrumental activities
				  of daily living (IADL's), who are at risk of institutionalization substitute
				  care.
(4) Older adults with three
				  or more ADL or IADL impairments.
(5) Older adults with no more than two ADL or
				  IADL impairments.
(6) Well older
				  adults.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter I - CONSUMER CONTRIBUTIONS › Section .0100 - PURPOSE AND DEFINITIONS › Section 05I .0101 - PURPOSE AND DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in this
				  Subchapter, the following definitions shall apply:
(1) Consumer Contributions - a monetary
				  amount voluntarily given to the service provider by the service recipient or
				  the designated representative toward the cost of the service
				  received.
(2) Recommended
				  Contribution Schedule - a listing of income ranges and corresponding
				  recommended contribution percentages for use with clients at or above the
				  federal poverty level. The Recommended Contribution Schedule is available at
				  http://www.dhhs.state.nc.us/aging/arms/csupdat2.htm and is determined as
				  follows:
Percent of Poverty
Suggested Percentage of the Cost of Service
100%
10%
125%
20%
150%
30%
175%
40%
200%
50%
225%
60%
250%
70%
275%
80%
300%
90%
350%
100%
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter I - CONSUMER CONTRIBUTIONS › Section .0200 - REQUIREMENTS › Section 05I .0201 - SERVICES SUBJECT TO CONSUMER CONTRIBUTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Consumer contributions may be accepted
				  for all services administered by the Division of Aging and Adult
				  Services.
(b) The use of a
				  Recommended Contribution Schedule is prohibited for individuals receiving:
(1) Information and Assistance, Outreach,
				  Benefits Counseling, Case Management Services;
(2) Congregate Nutrition and Home Delivered
				  Meals, Senior Companion;
(3)
				  Ombudsman, Elder Abuse Prevention, Legal Assistance or other consumer
				  protection services or
(4) Any
				  services delivered through tribal organizations.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter I - CONSUMER CONTRIBUTIONS › Section .0200 - REQUIREMENTS › Section 05I .0202 - INITIAL AND ANNUAL REVIEWS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Upon initiation of the provision of the service(s) subject to consumer
				  contributions and at least annually thereafter, the service providing agency
				  shall review with each client determined eligible to receive services subject
				  to consumer contributions the following information:
(1) that the contribution is entirely
				  voluntary and that there is no obligation to contribute;
(2) that all contributions collected shall be
				  used to expand the service(s);
(3)
				  that information about the client's participation in consumer contributions
				  shall be confidential;
(4) who
				  should be contacted, including the telephone number, if the client has
				  questions regarding consumer contributions;
(5) the total cost of the service (actual or
				  per unit); and
(6) that services
				  shall not be reduced or terminated for failure to contribute.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter I - CONSUMER CONTRIBUTIONS › Section .0200 - REQUIREMENTS › Section 05I .0203 - COLLECTION OF CONSUMER CONTRIBUTION REVENUE

Current through Register Vol. 39, No. 2, July 15, 2024
Service providers shall have written procedures to collect,
					 account for, and safeguard all contributions.
Authority
					 G.S.
					 143B-181.1(a) (10);
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
					 45 C.F.R. 1321.67;
Eff. July 1, 1992;
Amended Eff. September 1, 2005;
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 I - CONSUMER CONTRIBUTIONS › Section .0200 - REQUIREMENTS › Section 05I .0204 - TERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Service(s) to a client shall not be terminated or reduced
					 for failure to contribute to the cost of the service(s)
					 rendered.
Authority
					 G.S.
					 143B-181.1(a) (10);
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
					 45 C.F.R. 1321.67;
Eff. July 1, 1992;
Amended Eff. September 1, 2005;
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 I - CONSUMER CONTRIBUTIONS › Section .0200 - REQUIREMENTS › Section 05I .0205 - DEDUCTING CONSUMER CONTRIBUTION REVENUES FROM MONTHLY SERVICE REIMBURSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina Division of Aging and Adult Services
					 shall deduct the amount of Consumer Contribution revenues reported from the
					 amount of monthly reimbursement due to each service provider for each service
					 subject to consumer contributions as specified in Rule.0201 of this
					 Section.
Authority
					 G.S.
					 143B-181.1(a) (10);
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
					 45 C.F.R. 92.25;
Eff.
					 July 1, 1992;
Amended Eff. September 1, 2005;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0100 - DEFINITIONS FOR CONFIDENTIALITY OF CLIENT DATA › Section 05J .0101 - DEFINITIONS FOR CONFIDENTIALITY OF CLIENT DATA

Current through Register Vol. 39, No. 2, July 15, 2024
Unless the context clearly specifies otherwise, the
					 following terms are defined as follows:
(1) "Agency" means Division of Aging, Area
				  Agencies on Aging, or service provider.
(2) "Client" means any applicant for, or
				  recipient of, services administered under the auspices of the Division of
				  Aging.
(3) "Client information" or
				  "client record" means any information, whether recorded or not, including
				  information stored in computer data banks or files, relating to a client which
				  was received in connection with the performance of any function of the
				  agency.
(4) "Court order" means any
				  written order from a judge which directs explicitly the release of client
				  information.
(5) "Service provider"
				  means any public or private agency from whom Division of Aging funded services
				  are purchased or authorized.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 December 1, 1991;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0201 - CONFIDENTIALITY OF CLIENT DATA

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Client information obtained by the Division of Aging, Area Agencies on Aging or
				  service providers from an older person or their designated representative shall
				  not be disclosed in a form that identifies the person without the informed
				  consent of the person or legal representative unless the disclosure is required
				  by court order, or for program monitoring by authorized federal, state, or
				  other designated monitoring agencies.
(b) The agency shall assure that all
				  authorized individuals are informed of the confidential nature of client
				  information and shall disseminate written policy to and provide training for
				  all persons with access to client information.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0202 - INFORMATION FROM OTHER COMMUNITY SERVICE ORGANIZATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
If the agency receives information from another community
					 service organization or individual, then such information shall be treated as
					 any other information generated by the State Division of Aging, Area Agency on
					 Aging or service provider and disclosure thereof will be governed by any
					 condition imposed by the furnishing community service organization or
					 individual.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0203 - DISCLOSURE PURSUANT TO OTHER LAWS

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever federal or state statutes or regulations
					 specifically address confidentiality issues, the agency shall disclose or keep
					 confidential client information in accordance with those federal or state
					 statutes or regulations.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0204 - OWNERSHIP OF RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
All client information contained in any records of the
					 agency is the property of the agency. Employees of the agency shall protect and
					 preserve such information from dissemination except as indicated by the
					 policies established.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0205 - SECURITY OF RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall provide a secure place with controlled access for the storage of client
				  records or reports, or both, which contain client specific
				  information.
(b) Only employees,
				  students, volunteers or other individuals who must access client information in
				  order to carry out duties assigned or approved by the agency shall be
				  authorized to have access to such information.
(c) Only authorized individuals may remove a
				  record or report, or both, from the storage area and that individual shall be
				  responsible for the security of the record until it is returned to the storage
				  area.
(d) The agency shall be
				  allowed to destroy records in accordance with Record Retention Schedules
				  promulgated by the Division of Archives and History, and state and federal
				  statutes and regulations.
(e) Area
				  Agencies on Aging and service providers shall establish written procedures to
				  prevent accidental disclosure of client information from automated data
				  processing systems.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 December 1, 1991;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0206 - RELEASE OF CLIENT INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  client identifying information, except as referenced in Rule.0205 of this
				  Section, which is maintained by the Division of Aging, Area Agency on Aging or
				  service provider shall be released to other individuals or community service
				  organizations without obtaining a signed consent for release of information
				  from the client or legal guardian.
(b) The consent for release of information
				  shall include, at a minimum, the following items:
(1) Name of the provider and recipient of the
				  information;
(2) The extent of
				  information to be released;
(3) The
				  name and dated signature of the client or client representative;
(4) A statement that the consent is subject
				  to revocation at any time except to the extent that action has been taken in
				  reliance on the consent;
(5) Length
				  of time the consent is valid.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0207 - INFORMED CONSENT

Current through Register Vol. 39, No. 2, July 15, 2024
Prior to obtaining a consent for release of information,
					 the delegated representative shall explain the meaning of informed consent. The
					 client shall be told the following:
(1) Contents to be released;
(2) That there is a definite need for the
				  information;
(3) That the client
				  can give or withhold the consent and the consent is voluntary;
(4) That there are statutes and regulations
				  protecting the confidentiality of the information.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0208 - CLIENT ACCESS TO RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Access to information about himself is the right of the client. Upon written or
				  verbal request, the client shall have access to review or obtain without charge
				  a copy of the information in his records with the following exceptions:
(1) Information that the agency is required
				  to keep confidential by state or federal statutes or regulations;
(2) Confidential information originating from
				  another community service organization;
(3) Information that would breach another
				  individual's right to confidentiality.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0209 - CONTESTED INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A client may
				  contest the accuracy, completeness or relevancy of the information in his
				  record.
(b) A correction of the
				  contested information, but not the deletion of the original information if it
				  is required to support receipt of state or federal financial participation,
				  shall be inserted in the record when the Director or his designee concurs that
				  such correction is justified.
(c)
				  When the Director or his delegated representative does not concur, the client
				  shall be allowed to enter a statement in the record.
(d) Such corrections and statements shall be
				  made permanent part of the record and shall be disclosed to any recipient of
				  the disputed information.
(e) If a
				  delegated representative decides not to correct contested information, the
				  decision not to correct shall be reviewed by the supervisor of the person
				  making the initial decision.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0210 - WITHHOLDING OF INFORMATION FROM THE CLIENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  When the Director or delegated representative determines on the basis of the
				  exceptions outlined in Rule.0208 of this Section to withhold information from
				  the client record, this reason shall be documented in the client
				  record.
(b) The Director or
				  delegated representative must inform the client that information is being
				  withheld, and upon which of the exceptions specified in Rule.0208 of this
				  Section the decision to withhold the information is based.
(c) If confidential information originating
				  from another community service organization is being withheld, the client shall
				  be referred to that community service organization for access to the
				  information.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0211 - DISCLOSURE OF CLIENT INFORMATION WITHOUT CLIENT CONSENT

Current through Register Vol. 39, No. 2, July 15, 2024
Client information included in the client record may be
					 disclosed without the consent of the client under the following
					 circumstances:
(1) To other employees
				  of the agency for the purpose of making referrals, supervision, consultation or
				  determination of eligibility.
(2)
				  Between the service provider, Area Agency on Aging and Division of Aging for
				  the purposes of reporting.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
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 J - CONFIDENTIALITY OF CLIENT DATA › Section .0200 - REQUIREMENTS › Section 05J .0212 - INFORMATION NEEDS OF SERVICE PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Client information may be disseminated to service providers in accordance with
				  the release of information statement included on the client registration
				  form.
(b) Any further disclosure
				  will require a signed release of information form from the client.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
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 L - ADVOCACY ASSISTANCE › Section .0100 - GENERAL PROVISIONS › Section 05L .0101 - GENERAL ADVOCACY RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
As a part of state agency general advocacy responsibilities
					 the Division of Aging will:
(1) review
				  and comment on all state plans, budgets and policies which affect older
				  persons;
(2) conduct public
				  hearings on the needs of older persons;
(3) coordinate statewide planning and
				  development of activities related to the purposes of the Act and assure that
				  each area agency has effective procedures to coordinate programs related to the
				  purposes of the Act within the planning and service area;
(4) represent the interests of older persons
				  before legislative executive and regulatory bodies in North Carolina;
(5) provide technical assistance to any
				  public or private non-profit agency, organization, or association, or
				  individual representing older persons;
(6) establish and operate the long-term care
				  ombudsman program required by federal regulations; and
(7) review and comment, on request, on
				  applications to state and federal agencies for assistance relating to meeting
				  the needs of older persons.
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 L - ADVOCACY ASSISTANCE › Section .0100 - GENERAL PROVISIONS › Section 05L .0102 - LONG TERM CARE OMBUDSMAN PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall provide a long-term care ombudsman
					 program subject to the following:
(1)
				  If the regional ombudsman receives a complaint directly and plans to utilize
				  any community advisory committee members for complaint resolution, written
				  permission must be obtained from the resident or resident's legal
				  representative to utilize the community advisory committee members for this
				  purpose.
(2) When the regional
				  ombudsman receives a complaint directly, she or he retains jurisdiction and
				  oversight over the complaint throughout the complaint resolution
				  process.
(3) If the community
				  advisory committee chairman discloses the identity of the resident who files a
				  complaint or on whose behalf a complaint is filed to the regional ombudsman,
				  the regional ombudsman assumes jurisdiction and oversight over the
				  complaint.
(4) If the regional
				  ombudsman believes the resident on whose behalf a complaint has been filed is
				  not competent, she or he shall consult with the attorney designated to provide
				  legal representation regarding procedures for pursuing appointment of a legal
				  representative for the resident.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.15 through
					 143B-181.25; 45 C.F.R., Part
					 1321.9;
Eff. October 1, 1980;
Amended Eff. January 1,
					 1991;
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 L - ADVOCACY ASSISTANCE › Section .0100 - GENERAL PROVISIONS › Section 05L .0103 - LEGAL SERVICES PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Aging shall encourage and assist the
					 development of legal services designed to provide legal advice and
					 representation for older North Carolinians. The purpose of awards under this
					 program is to increase the availability of legal services with a priority on
					 older persons with the greatest economic or social need in order to assist them
					 to secure their rights, benefits, and entitlements, and to assist them in
					 achieving the objectives of the Act. Legal services provided with funds under
					 the Act shall be in addition to any legal services already being provided to
					 older persons in the planning and service area.
Authority
					 G.S.
					 143B-10;
					 143B-138; 45 C.F.R., Chapter
					 XIII, Part 1321.51;
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 M - SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM › Section .0100 - GENERAL PROVISIONS › Section 05M .0101 - POLICIES MANUAL

Current through Register Vol. 39, No. 2, July 15, 2024
Detailed policies and procedures for administering a Title
					 V project under a subgrant from the Division of Aging are provided in a special
					 Title V manual available from the Division. Subgrantees must comply with the
					 federal requirements reprinted in the Title V manual and the Division's overall
					 "Manual and Policies and Procedures" for Title III and related
					 programs.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1(c);
					 29 C.F.R. Part 89;
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 M - SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM › Section .0100 - GENERAL PROVISIONS › Section 05M .0102 - APPLICATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of
				  Aging shall allocate a certain number of job slots to each PSA annually based
				  on the total number of slots available to the State, an assessment of need, and
				  an assessment of employment resources for the aging currently available in each
				  PSA.
(b) Job slots which are not
				  utilized in a PSA shall be reallocated to other PSAs.
(c) Applicants shall complete a four-part
				  application to be considered for assistance under Title V:
(1) Part I consists of preprinted conditions
				  and provisions to which the subgrantee must assure adherence.
(2) Part II consists of a subgrantee
				  narrative which must provide a full description of the proposed project
				  activities.
(3) Part III is the
				  budget of the subgrant agreement.
(4) Part IV is an appendix, which consists of
				  a listing of work sites and job titles, job descriptions, work site agreements
				  or letters of commitment and all subagreements with organizations designed to
				  conduct project activities.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0100 - SCOPE OF SERVICE › Section 06A .0101 - SCOPE OF IN HOME AIDE SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Subchapter, the following definition of
					 In-Home Aide Services shall apply:
(1)
				  Primary Service. In-Home Aide Services are those paraprofessional services
				  which assist the individual, his family or both with essential home management
				  tasks, personal care tasks, or supervision, or all of the above, to enable the
				  individual, his family, or both to remain, and function effectively, at home as
				  long as possible.
(2) Respite Care
				  Component. In-Home Aide Services may be used for the purpose of providing
				  respite for a primary caregiver. For this purpose, In-Home Aide Services may be
				  provided to a client or patient in his own home or in the home of his primary
				  caregiver. Respite Care may consist of any level of home management or personal
				  care tasks.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.9A;
Eff.
					 December 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0100 - SCOPE OF SERVICE › Section 06A .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Subchapter, the following terms shall have
					 the meanings specified:
(1)
				  "Activities of Daily Living (ADL)" include eating, dressing, bathing,
				  toileting, bowel and bladder control, transfers, ambulation and communication
				  such as speaking, the written word, signing, gestures and communication
				  devices.
(2) "Available Person" is
				  someone who lives with or near the client, who has the time and is willing to
				  perform the needed services.
(3)
				  "Primary Caregiver" is the person who voluntarily provides the most care or
				  assumes the most responsibility for another person.
(4) "Home Management" includes tasks that
				  range from basic housekeeping, shopping, and essential transportation to
				  intensive work with individuals and their families on budgeting and family
				  management.
(5) "Instrumental
				  Activities of Daily Living (IADL)" includes meal preparation, medication
				  intake, cleaning, money management, phone use, laundering, reading, writing,
				  shopping and going to necessary activities.
(6) "Medically Stable" means physical or
				  mental adaptation to previously recognized health problems with effective
				  maintenance by diet, medication, or routine physical exercise, or a combination
				  of these remedies.
(7) "Medically
				  Unstable" means a recent acute illness or complications of a chronic condition
				  that are not physically or mentally controlled by diet, medication, or physical
				  exercise, or a combination of these remedies and which require frequent
				  monitoring and testing by skilled professionals.
(8) "Older Adult" means 60 years of age or
				  older.
(9) "Own Home" means that
				  the service recipient is living in a residence he maintains for himself or is
				  maintained for him. "Own home" does not include any group care
				  setting.
(10) "Personal Care"
				  includes tasks that range from assistance with basic personal hygiene and
				  grooming, feeding, and ambulation to medical monitoring and other health care
				  related tasks.
(11) "Respite Care"
				  is a component of In-Home Aide Services which provides needed relief to primary
				  caregivers of persons who cannot be left alone because of mental or physical
				  problems.
(12) "Responsible Person"
				  is someone who is dependable and capable of performing the needed services for
				  the client.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.9A;
Eff.
					 December 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0100 - SCOPE OF SERVICE › Section 06A .0104 - TARGET POPULATION

Current through Register Vol. 39, No. 2, July 15, 2024
The target population consists of individuals who are
					 unable to carry out tasks essential to the activities of daily living or the
					 instrumental activities of daily living, or both, who have no responsible
					 person available to perform these tasks, and who need the service in order to
					 remain in their own homes. It also includes functionally impaired persons whose
					 primary caregivers need relief from everyday caregiving responsibilities in
					 order for the impaired individuals to remain at home.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.9A;
Eff.
					 December 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0200 - CLIENT ELIGIBILITY › Section 06A .0201 - ELIGIBILITY FOR IN HOME AIDE SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Persons eligible for services must be 60 years of age or older, live at home,
				  and have home management or personal care needs, or both.
(b) Persons served must be in need of the
				  service for all of the following reasons:
(1)
				  the person is unable to carry out one or more tasks essential to the activities
				  of daily living (ADL's) or instrumental activities of daily living
				  (IADL's);
(2) the person needs help
				  with these tasks in order to remain in his own home; and
(3) a responsible person is not available to
				  perform these tasks or the primary caregiver needs relief.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0300 - SERVICE PROVISION › Section 06A .0301 - SERVICE DELIVERY

Current through Register Vol. 39, No. 2, July 15, 2024
In-Home Aide Services must be provided in accordance with
					 the standards established in Rules.0304,.0305,.0306,.0307, and.0310 of this
					 Section for task levels, competency requirements, supervision, and quality
					 assurance requirements regardless of whether the aide performing the tasks is a
					 paid employee or a volunteer under the supervision of an established
					 agency.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.9A;
Eff.
					 December 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0300 - SERVICE PROVISION › Section 06A .0303 - IN-HOME AIDE SERVICE PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each client must have an In-Home Aide Service Plan which is based on the
				  initial assessment and regular reassessments.
(b) The In-Home Aide Service Plan must
				  include:
(1) measureable client outcome
				  goals;
(2) In-Home Aide Service
				  level or levels to be provided;
(3)
				  specific tasks to be performed;
(4)
				  frequency of service provision;
(5)
				  anticipated duration of the service; conditions for continuing or discontinuing
				  service;
(6) signature of client or
				  designated person indicating agreement with the service plan;
(7) signature of agency's professional staff
				  developing the service plan; and
(8) a physician's signature if required by a
				  specific funding source.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0300 - SERVICE PROVISION › Section 06A .0306 - TIME FRAMES FOR COMPLETING COMPETENCY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The following time frames for completing competency
					 requirements for each level of In-Home Aide Services shall apply:
(1) Level I. Competency requirements consist
				  of demonstration of knowledge and skills indicated for Level I tasks listed in
				  Rule.0305 of this Section. Competency requirements for Level I must be met
				  within one year of employment as a Level I aide.
(2) Level II. Competency requirements consist
				  of demonstration of knowledge and skills indicated for Level II tasks listed in
				  Rule.0305 of this Section. Competency requirements for Level II must be met
				  within one year of employment as a Level II aide.
(3) Level III. This level is tracked for
				  either Home Management or Personal Care and shall consist of the following
				  competency requirements:
(a) Home Management
				  Track. Competency requirements consist of demonstration of knowledge and skills
				  indicated for Level III Home Management tasks listed in Rule.0305 of this
				  Section. Competency requirements for Level III Home Management must be met
				  within one year of employment at this level.
(b) Personal Care Track. Competency
				  requirements consist of demonstration of knowledge and skills indicated for
				  Level III Personal Care tasks and registration as a Nurse Aide I with the NC
				  Board of Nursing. Level III Personal Care Tasks are listed in Rule.0305 of this
				  Section. Aides performing Level III Personal Care tasks must complete training
				  or competency testing, or both within four months of employment at this
				  level.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0300 - SERVICE PROVISION › Section 06A .0307 - AIDE SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is the
				  responsibility of the agency providing the In-Home Aide Service to assure that
				  supervision is given to all aides.
(b) Regardless of the level of tasks
				  performed, supervisory home visits must be made at least twice during the first
				  month of the aide's employment.
(c)
				  Following the first month of the aide's employment, supervisory home visits
				  must be made as follows:
(1) Level I - at
				  least quarterly;
(2) Level II - at
				  least quarterly;
(3) Level III - at
				  least every sixty days; and
(4)
				  Level IV - at least every sixty days.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0300 - SERVICE PROVISION › Section 06A .0308 - SELECTION OF AIDES

Current through Register Vol. 39, No. 2, July 15, 2024
Agencies providing in-home aide services must have a
					 written policy regarding who may serve as in-home aids. The written policy
					 shall include, at a minimum, the following information about who may serve as
					 in-home aides:
(1) aides shall be 18
				  years of age or older or emancipated minors; and
(2) aides shall be persons who have
				  demonstrated competency to perform the tasks needed by the client;
				  and
(3) whether or not the agency
				  allows the hiring of relatives to serve as the client's in-home aide. If the
				  agency allows a relative to be the client's in-home aide, the policy must also
				  contain the following requirements:
(a) that
				  relatives of the client, for this purpose are either a parent, spouse, child,
				  or sibling of the client including step relations of the client for any of
				  those; and
(b) that the relative
				  must have given up employment or the opportunity for employment in order to
				  perform the tasks needed by the client; and
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0300 - SERVICE PROVISION › Section 06A .0309 - CLIENT RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
Records must be kept for each In-Home Aide Services client
					 and must include:
(1) documentation of
				  request or authorization for services;
(2) a copy of the completed initial
				  assessment;
(3) copies of all
				  completed reassessments;
(4) copies
				  of the initial and any revised In-Home Aide Services Plans;
(5) documentation of significant client
				  information;
(6) documentation of
				  client eligibility;
(7)
				  documentation of quarterly reviews; and
(8) documentation notifying client of service
				  reduction, denial or termination.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.9A;
Eff.
					 December 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter A - AGING: IN HOME AIDE SERVICES FOR OLDER ADULTS › Section .0300 - SERVICE PROVISION › Section 06A .0310 - QUALITY ASSURANCE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All agencies providing In-Home Aide Services must be either licensed by the
				  Department of Health and Human Services as a home care agency, or be certified
				  or accredited through one of the following accreditation organizations, or
				  other entities recognized by the Health and Human Services or the North
				  Carolina Medical Care Commission:
(1) North
				  Carolina Accreditation Commission for In-Home Aide Services;
(2) National Home Caring Council;
(3) Joint Commission on Accreditation of
				  HealthCare Organizations (Home Care accreditation); or
(4) National League for Nursing.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter B - INSTITUTIONAL RESPITE CARE SERVICE › Section .0100 - SCOPE OF INSTITUTIONAL RESPITE CARE › Section 06B .0101 - SCOPE OF INSTITUTIONAL RESPITE CARE SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
Primary Service. Institutional Respite Care Service is
					 temporary placement of an individual who requires constant care or supervision,
					 or both, out of his or her home to provide the primary, unpaid caregiver
					 temporary relief from caregiving responsibilities.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter B - INSTITUTIONAL RESPITE CARE SERVICE › Section .0200 - SERVICE PROVISION › Section 06B .0201 - SCREENING OF CLIENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Screening is a
				  preliminary process used to determine if client eligibility is met.
(b) A screening instrument must be completed
				  for each unpaid primary caregiver who requests service.
(c) The screening instrument must address:
(1) Caregiver identification
				  information;
(2) Ability of the
				  person requiring care to perform activities of daily living;
(3) Ability of the person requiring care to
				  perform instrumental activities of daily living;
(4) Physical functioning of the person
				  requiring care;
(5) Caregiver's
				  perception of the emotional well-being of the person requiring care;
(6) Extent of support provided by the primary
				  caregiver;
(7) Services currently
				  received by the person requiring care or the caregiver.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter B - INSTITUTIONAL RESPITE CARE SERVICE › Section .0200 - SERVICE PROVISION › Section 06B .0202 - HOME VISIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A home visit
				  shall be made to verify information obtained during the screening
				  process.
(b) The screening
				  instrument must be signed and dated by the person conducting the home visit and
				  filed in the client record.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter B - INSTITUTIONAL RESPITE CARE SERVICE › Section .0200 - SERVICE PROVISION › Section 06B .0203 - SERVICE PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A service plan
				  shall be maintained by the service provider agency for each person requiring
				  constant care or supervision, or both.
(b) The service plan shall indicate the tasks
				  to be provided in the absence of the caregiver.
(c) The service plan must be dated and signed
				  by the caregiver and the professional responsible for developing the service
				  plan.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter B - INSTITUTIONAL RESPITE CARE SERVICE › Section .0200 - SERVICE PROVISION › Section 06B .0204 - DOCUMENTATION/RECORDS FOR PERSON REQUIRING CONSTANT CARE OR SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Records shall include a completed copy of
				  the screening instrument, documentation of home visit, and service
				  plan.
(b) An emergency contact
				  person must be identified and maintained in the client record.
Authority
					 G.S.
					 143B-181.1(c);
					 143B-181.10;
Eff.
					 November 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 06 - AGING - PROGRAMS OPERATIONS › Subchapter C - INFORMATION AND ASSISTANCE › Section .0100 - SCOPE OF INFORMATION AND ASSISTANCE › Section 06C .0101 - DEFINITIONS AND SCOPE OF INFORMATION AND ASSISTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) SCOPE. Information and Assistance is
				  identified as a critical service which assists older adults, their families and
				  others acting on behalf of older adults, in their efforts to acquire
				  information about programs and services and to obtain appropriate services to
				  meet their needs.
(b) DEFINITIONS.
				  The following definitions shall apply throughout this Section:
(1) "Agency" is any agency who receives Home
				  and Community Care Block Grant Funds for the provision of Information and
				  Assistance Services.
(2)
				  "Information" includes informing people about programs and services,
				  identifying the types of assistance they need and connecting them to
				  appropriate service providers.
(3)
				  "Assistance" is a more intensive service for those persons who require
				  additional help with negotiating the service delivery system. Assistance
				  includes the provision of planning, referral, coordination of services,
				  follow-up and advocacy activities on behalf of the older adult or their family,
				  or both, in an effort to ensure that needed assistance is received and that the
				  assistance provided meets identified needs. Assistance may also include a home
				  visit to more clearly identify a client's needs for the purpose of initiating
				  the development of a care plan.