reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter G - MEDICAL/EYE CARE PROGRAM › Section .0200 - ADMINISTRATIVE PROCEDURES › Section 63G .0201 - USE OF AUTHORIZATION AND CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  consumer shall deliver the authorization to the eye practitioner for the
				  examination and the certification for fitting and dispensing to the eye
				  practitioner or licensed optical provider who will provide these
				  services.
(b) Out-of-state services
				  must have prior approval by the state supervising ophthalmologist.
Authority
					 G.S.
					 111-8;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. August 1, 1977; January 1, 1977;
					 November 8, 1976; February 19, 1976;
Readopted Eff. November 16,
					 1977;
Amended Eff. August 1, 2002; June 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter G - MEDICAL/EYE CARE PROGRAM › Section .0200 - ADMINISTRATIVE PROCEDURES › Section 63G .0202 - CLAIMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Claims for services or supplies must be
				  submitted no later than twelve months from the date of service. The division
				  shall not pay claims received more than 12 months from the date of
				  service.
(b) The amount reimbursed
				  is payment in full. The consumer shall not be billed for any unrealized balance
				  except a co-payment. A co-payment not to exceed five dollars ($5.00) may be
				  charged the consumer by both the practitioner who provides the eye exam and
				  follow-up and by the optical supplier. This will reduce the division's
				  liability by the amount of the co-payment.
Authority
					 G.S.
					 111-8;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. November 8, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 February 1, 1986; June 1, 1983; June 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter G - MEDICAL/EYE CARE PROGRAM › Section .0200 - ADMINISTRATIVE PROCEDURES › Section 63G .0203 - FRAUD: PAYMENT OF CLAIM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All services
				  billed by licensed eye practitioners and optical providers, institutions and
				  suppliers must be consistent with the services actually performed.
(b) The Division shall use the Medicaid
				  schedule of benefit payments for services charged the Division. This schedule
				  is maintained by the Department of Health and Human Services. Division of
				  Medical Assistance, 1985 Umstead Drive, Raleigh, NC 27603-2001. The schedule is
				  incorporated by reference including subsequent amendments and
				  additions.
(c) Licensed eye
				  practitioners, licensed optical providers, institutions, and suppliers must
				  keep records disclosing the services charged the division for five years. The
				  division may have access to these records on written request by the division
				  director.
Authority
					 G.S.
					 108-48;
					 111-8;
					 111-23;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. July 1, 1976; February 19,
					 1976;
Readopted Eff. November 16, 1977;
Amended Eff.
					 August 1, 2002; April 1, 1990; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter G - MEDICAL/EYE CARE PROGRAM › Section .0200 - ADMINISTRATIVE PROCEDURES › Section 63G .0204 - FREEDOM OF CHOICE

Current through Register Vol. 39, No. 2, July 15, 2024
In accordance with
					 G.S.
					 90-127.1, all eligible consumers shall be
					 afforded a free choice to select a licensed eye practitioner or optical
					 provider to receive services.
Authority
					 G.S.
					 90-127.1;
					 111-8;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. February 19, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter G - MEDICAL/EYE CARE PROGRAM › Section .0200 - ADMINISTRATIVE PROCEDURES › Section 63G .0205 - EXAMINATION REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An eye
				  examination report shall be completed by ophthalmologists and optometrists on
				  all persons having:
(1) a chronic,
				  degenerative eye disorder; or
(2)
				  no vision or vision with glasses so defective as to prevent the performance of
				  ordinary activities requiring sight.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter G - MEDICAL/EYE CARE PROGRAM › Section .0300 - HEARING › Section 63G .0301 - APPEAL OF DIVISION ACTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				  consumer is dissatisfied with an action or service delivered by the medical/eye
				  care program, that consumer may request a conference with the program chief for
				  the Medical/Eye Care Program.
(b) A
				  conference shall be held within 15 working days from the receipt of the
				  original request.
(c) If the
				  conference solves the grievance or dissatisfaction, this shall be stated in
				  writing by the program chief and signed by the Consumer.
Authority
					 G.S.
					 111-8;
					 143B-157;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; June 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter G - MEDICAL/EYE CARE PROGRAM › Section .0300 - HEARING › Section 63G .0302 - REQUEST FOR CONTESTED CASE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				  results of the conference are unsatisfactory, the consumer shall be informed by
				  the Division of his or her right to a contested case hearing.
(b) All contested case hearings shall be
				  heard by the Office of Administrative Hearings pursuant to G.S. 150B, Article
				  3. The consumer shall be notified by the designated agency representative in
				  writing that he has the right to petition the Office of Administrative Hearings
				  and request a contested case hearing. The consumer shall be instructed by the
				  designated agency representative to contact OAH and request the specific forms
				  to be completed.
(c) In this same
				  written notice the consumer shall be instructed that they have 60 calendar days
				  from the date they receive the agency notice to request a contested case
				  hearing through OAH. Any petition for a contested case must be returned by the
				  consumer directly to the Office of Administrative Hearings.
Authority
					 G.S.
					 111-8;
					 143B-157;
					 150B-23;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; December 1, 1990; April 1, 1990; June 1,
					 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0100 - ADMINISTRATION › Section 67A .0101 - CONTENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-25;
					 108A-29;
					 108A-29.1;
					 143B-10;
					 143B-153;
					 143B-138; .S.C. 301 et
					 seq.;
Eff. February 1, 1976;
Readopted Eff. October 31,
					 1977;
Amended Eff. March 1, 1990;
RRC objection August
					 15, 2019 and rule returned to the agency on September 19,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0100 - ADMINISTRATION › Section 67A .0102 - EXPIRED - SEPARATION OF SERVICES FROM INCOME MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. December 24,
					 1976;
Readopted Eff. October 31, 1977;
Expired Eff.
					 October 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0100 - ADMINISTRATION › Section 67A .0103 - STANDARDS FOR OFFICE SPACE AND FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule sets forth requirements for office space,
					 equipment, and facilities for county departments of social services, including
					 agency suboffices. These requirements are in addition to State, county, or
					 municipal building codes. Standards for office space and facilities shall
					 comply with the Federal Confidentiality of Information requirements as set
					 forth in 45 CRF 164.500, which is hereby incorporated by reference, including
					 subsequent amendments and editions, and can be obtained free of charge at
https://www.ecfr.gov
.
(1) Identification of Office. All social
				  services offices shall be marked and identifiable in the community as a social
				  services agency, as described in
				  45 CFR
				  205.170, which is incorporated by reference
				  with subsequent amendments and editions and available free of charge at
https://www.ecfr.gov
,as follows:
(a) Each office shall be identified by an
				  outside sign visible from the road or street.
(b) If the office is housed within a public
				  building occupied by other agencies or units of government, the agency shall be
				  listed on a building directory in a manner similar or equal to that accorded
				  every other agency.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0100 - ADMINISTRATION › Section 67A .0104 - EXPIRED - EQUAL PERCENTAGE AND DISTRIBUTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. July 1,
					 1976;
Readopted Eff. October 31, 1977;
Amended Eff. May
					 1, 1990;
Expired Eff. October 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0100 - ADMINISTRATION › Section 67A .0105 - ADMINISTRATION AND AGENCY COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Regional Director or his or her designated representative shall evaluate each
				  county department of social services not less than every three years, to
				  determine compliance with Rule .0103 of this Subchapter using form DSS-1414 for
				  each location. The county director of social services or his or her designee
				  shall verify compliance with Rule .0103 of this Subchapter using form
				  DSS-1414.
(b) At the conclusion of
				  an evaluation, the Regional Director or his or her designated representative
				  who was the reviewer shall meet with the director of the county department to
				  discuss the findings. Following this exit conference, the reviewer shall
				  prepare a written report and transmit the report to the Regional Director. If
				  the findings of the review indicate the county department is in compliance, the
				  Regional Director shall, within 30 days of the date of the evaluation, forward
				  a copy of the administrative review report to the agency director, the local
				  social services board chairman, the chairman of the local board of county
				  commissioners, and the county manager through a letter indicating the agency's
				  compliance. If the county department is not in compliance, the following steps
				  shall be taken within 30 days of the date of the evaluation:
(1) The Regional Director shall send a copy
				  of the evaluation report to the county director, the local social services
				  board chairman, the chairman of the local board of county commissioners and the
				  county manager setting forth the following information:
(A) the specific findings of non-compliance
				  and what is required to come into compliance;
(B) notification that the agency has 90 days
				  from the receipt of the report to come into compliance in these areas or to
				  develop and submit to the division a corrective action plan. The division shall
				  provide consultation and technical assistance regarding the areas of
				  non-compliance to the local agency upon request; and
(C) notification to the agency that all
				  federal and state administrative funds will be withheld should the county fail
				  to comply or submit a corrective action plan within 90 days of notification of
				  non-compliance.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0100 - ADMINISTRATION › Section 67A .0106 - CIVIL RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
For reviewing compliance of county departments of social
					 services with civil rights requirements in accordance with Title VI of the
					 Civil Rights Act of 1964, form DSS-1464a shall be supplied to county
					 departments of social services to be completed annually by the county director
					 or his or her designee. Form DSS-1464a shall include the name of the county
					 department of social services and a signature from the country director or his
					 or her designee attesting to satisfying the requirements of Title VI of the
					 Civil Rights Act of 1964.
Authority
					 G.S.
					 143B-153;
Eff. April 1,
					 1979;
Readopted Eff. September 1,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0100 - ADMINISTRATION › Section 67A .0107 - FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order to comply with federal and State
				  reimbursements, each county department of social services shall complete forms
				  set forth in this Rule.
(b) Form
				  DSS-4263 shall be completed by the county services workers when time is spent
				  providing direct service activities to meet reporting requirements at the
				  federal, State and local levels and shall provide the basis for county
				  reimbursement. Form DSS-4263 shall include the date, county provider name,
				  worker identification number, client name, type of service provided, and
				  minutes spent with client. All required fields must be completed and required
				  fields not completed shall be considered an error and returned to the
				  worker.
(c) Form DSS-5027 shall be
				  completed by the case manager for each client requesting social services to
				  document a client request or application for social services. All required
				  fields must be completed and required fields not completed shall be considered
				  an error and returned to the worker. Clients may refuse to provide their social
				  security numbers and shall not be denied benefits, but the worker
				  identification numbers of case managers are required.
Authority
					 G.S.
					 75-62;
					 143B-153;
					 2 CFR
					 200;
Eff. August 15,
					 1980;
Amended Eff. September 1, 2008; December 1, 2007; March 1,
					 1990; January 1, 1983;
Readopted Eff. September 1,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0100 - ADMINISTRATION › Section 67A .0108 - ADVISORY TO COUNTIES REGARDING PETITION OF GARNISHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The State Division of Social Services shall advise county
					 departments of social services and consolidated human services boards of any
					 State and federal laws and regulations that restrict the garnishment of wages
					 to recoup a fraudulent public assistance program payment as provided in
					 G.S.
					 108A-25.3.
Authority
					 G.S.
					 108A-25.3
Temporary Adoption Eff.
					 December 8, 1997;
Eff. April 1, 1999;
Readopted Eff.
					 September 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0100 - ADMINISTRATION › Section 67A .0109 - REPEALED - STATE PUBLIC ASSISTANCE EQUALIZING FUND

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-92;
					 143B-153;
Eff. March
					 16, 1976;
Readopted Eff. October 31, 1977;
Amended Eff.
					 July 1, 1991; March 1, 1990; July 1, 1980; February 15, 1979;
Repealed Eff. July 1, 2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0200 - HEARING POLICY › Section 67A .0201 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. October 1,
					 1981;
Amended Eff. January 1, 1983;
RRC objection
					 August 15, 2019 and rule returned to the agency on September 19,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0200 - HEARING POLICY › Section 67A .0202 - EXCEPTIONS FOR NOTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-25;
					 143B-153;
					 45 C.F.R.
					 205.10;
Eff. October 1,
					 1981;
Amended Eff. November 1, 2007;
RRC objection
					 August 15, 2019 and rule returned to the agency on September 19,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0200 - HEARING POLICY › Section 67A .0203 - GOOD CAUSE FOR DELAYED HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A local
				  appeal hearing under
				  G.S.
				  108A-79 shall be delayed as provided in
				  G.S.
				  108A-79(e) for good
				  cause.
(b) A State appeal hearing
				  under G.S. 108A-79 shall be delayed
				  when there is good cause. The postponement shall not exceed 30 calendar
				  days.
(c) For the purpose of this
				  Rule, good cause exists when:
(1) There is a
				  death in the appellant's family. For the purpose of this Rule, family is
				  defined as a spouse, parent, sibling, child, stepchild, grandparent,
				  grandchild, stepparent, mother-in-law, father-in-law, son-in-law,
				  daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, or
				  nephew.
(2) The appellant or
				  someone in his or her family is ill;
(3) The appellant is unable to obtain
				  representation;
(4) The appellant's
				  representative has a conflict with the scheduled date;
(5) The appellant receives a notice of action
				  proposing a reduction or termination of assistance after the 10 work day notice
				  expires;
(6) The appellant is
				  unable to obtain transportation; or
(7) The hearing officer determines that the
				  hearing should be delayed for some other reason in the interests of
				  justice.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0200 - HEARING POLICY › Section 67A .0204 - ATTENDANCE AT THE LOCAL OR STATE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Attendance at the local or State hearing is limited to the
					 appellant, his or her representative, representatives of the county department
					 and any witnesses that the appellant or the county department wish to call upon
					 for testimony.
Authority
					 G.S.
					 108A-79;
					 143B-153;
Eff.
					 October 1, 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6, 2016;
Amended Eff.
					 September 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0200 - HEARING POLICY › Section 67A .0205 - APPEAL OF DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The hearing
				  officer shall make a tentative decision on the appeal that shall be served upon
				  the county department, the appellant, and the representatives by mail.
				  Decisions reversing the county department's action shall be sent by certified
				  mail to the county department. Decisions affirming the county department's
				  actions shall be sent by certified mail to the appellant. Decisions shall be
				  sent by regular mail to representatives. The tentative decision shall contain a
				  notification of the right to present oral and written argument for and against
				  the decision as set out in this Rule.
(b) The county and the appellant may present
				  oral and written argument, for and against the decision by contacting the Chief
				  Hearing Officer.
(c) If a written
				  argument, a request for a time extension to submit a written argument, or a
				  request for oral argument is not received by the Chief Hearing Officer within
				  10 calendar days of the date the notice of the tentative decision is signed,
				  the tentative decision shall become final.
(d) If a request for a time extension to
				  submit a written argument or a request for an oral argument is received by the
				  Chief Hearing Officer within 10 calendar days of the date the notice of the
				  tentative decision is signed, an extension shall be granted and a letter shall
				  be mailed stating the date the written argument is due or the date and time the
				  oral argument shall be heard.
(e)
				  If the party that requested oral argument fails to appear for the scheduled
				  oral argument, the tentative decision shall become final.
(f) If arguments are presented within the
				  timeframes established pursuant to Paragraphs (c) and (d) of this Rule, then
				  all such arguments shall be considered, and a final decision shall be
				  rendered.
(g) The final decision
				  shall be served upon the appellant and the county department by certified mail.
				  Decisions shall be sent by regular mail to representatives.
(h) A decision upholding the appellant shall
				  be put into effect within two weeks after the county department's receipt of
				  the final decision by certified mail.
(i) As provided for in
				  45 CFR
				  205.10 and
				  G.S.
				  108A-79(k), the decision
				  shall contain the appellant's right to seek judicial review.
Authority
					 G.S.
					 108A-79;
					 143B-153;
					 45 CFR
					 205.10;
Eff. October 1,
					 1981;
Amended Eff. March 1, 1992; February 1, 1986;
Readopted Eff. September 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0200 - HEARING POLICY › Section 67A .0206 - GOOD CAUSE FOR NOT REQUESTING HEARING AND REQUIRED TIME FRAMES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except in the Supplemental Nutrition
				  Assistance Program, an appellant shall request a local hearing within 60 days
				  from the date of action unless he or she shows good cause. If the appellant
				  shows good cause, the local hearing request must be made no later than the 90th
				  day from the date of action.
(b)
				  Except in the Supplemental Nutrition Assistance Program, an appellant shall
				  request a state hearing within 15 days from the date the local hearing decision
				  is mailed unless he or she shows good cause. If the appellant shows good cause,
				  the state hearing request must be made no later than the 90th day from the date
				  of action.
(c) For purposes of
				  G.S.
				  108A-79(e) for local
				  hearings, good cause for not requesting a local hearing within 60 days from the
				  date of action and for not requesting a state hearing within 15 days from the
				  date the local decision is mailed shall include the following:
(1) Failure of the appellant to receive the
				  notification of the action to be taken pursuant to the local hearing
				  decision;
(2) Hospitalization of
				  the appellant, spouse, child, stepchild or parent of the appellant;
(3) Failure of a representative, acting on
				  the appellant's behalf, to meet the time limitation to file an appeal in
				  accordance with federal and State laws and regulations;
(4) Illness that results in the appellant
				  being incompetent or unconscious and no representative has been
				  appointed;
(5) Illness that results
				  in the incapacity of the appellant;
(6) Death of the appellant or his or her
				  representative; or
(7) Delay caused
				  by the county, such as failing to assist the individual in filing an appeal,
				  incorrectly providing information on appeal rights, or discouraging a request
				  for appeal.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter A - GENERAL ADMINISTRATION › Section .0300 - REGIONAL SOCIAL SERVICES DEPARTMENTS › Section 67A .0301 - REGIONAL DEPARTMENTS OF SOCIAL SERVICES FINANCIAL OBLIGATIONS OF COUNTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Counties creating or joining a regional social services
					 department pursuant to
					 G.S.
					 108A-15.7, shall enter into a written
					 agreement that sets forth, at a minimum, the following financial obligations
					 and the amount or method in which each county will appropriate funds to the
					 regional social services department for:
(1) the administration of programs of social
				  services and public assistance;
(2)
				  the county share of public assistance program costs; and
(3) any recoupments following fiscal or
				  program monitoring or audit findings.
Authority
					 G.S.
					 108A-15.7;
					 143B-153(9);
Eff. March 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter B - CONTRACT SERVICES › Section .0100 - IDENTIFYING INFORMATION › Section 67B .0101 - PURCHASE OF SERVICE CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
Services may be purchased through the following
					 instruments:
(1) Purchase contracts
				  will be employed when reimbursement for the services purchased will be by the
				  total cost or unit cost method; and
(2) Vendor agreements will be employed when
				  reimbursement for the services purchased will be the fixed rate
				  method.
Authority
					 G.S.
					 143B-153;
Eff. March 22,
					 1980;
Amended Eff. January 1, 1983;
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 67 - SOCIAL SERVICES - PROCEDURES › Subchapter B - CONTRACT SERVICES › Section .0100 - IDENTIFYING INFORMATION › Section 67B .0102 - CONTRACT NEGOTIATIONS AND MANAGEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Purchase contracts and vendor agreements shall be negotiated and managed by the
				  Division of Social Services when the purchased services will be delivered on a
				  statewide basis.
(b) Purchase
				  contracts and vendor agreements will be negotiated and managed by county
				  departments of social services when the purchased services will be delivered
				  within that county.
(c) Purchase
				  contracts and vendor agreements shall be negotiated and managed by the Division
				  of Social Services when the purchased services will be delivered on a
				  multi-county basis and are funded with monies over which the state has
				  budgetary authority. Counties may enter into multi-county contracts and
				  agreements when the services provided are funded through the counties regular
				  allocation.
Authority
					 G.S.
					 143B-153;
Eff. March 22,
					 1980;
Amended Eff. May 1, 1990;
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 67 - SOCIAL SERVICES - PROCEDURES › Subchapter B - CONTRACT SERVICES › Section .0200 - APPLICATION › Section 67B .0201-.0204

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153; 42 U.S.C. Sec. 301 et
					 seq;
Eff. February 1, 1976;
Readopted Eff. October 31,
					 1977;
Amended Eff. May 1, 1990; February 1, 1986; January 1, 1983;
					 March 22, 1980; July 1, 1979; March 22, 1978;
Repealed Eff. January
					 1, 2006.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter B - CONTRACT SERVICES › Section .0300 - FEES › Section 67B .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. February 1,
					 1976;
Readopted Eff. October 31, 1977;
Amended Eff. May
					 1, 1990; January 1, 1983; March 22, 1980; July 1, 1979; March 22,
					 1978;
Repealed Eff. January 1,
					 2006.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter B - CONTRACT SERVICES › Section .0400 - CONTRACT REQUIREMENTS › Section 67B .0401-.0404

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. February 1,
					 1976;
Readopted Eff. October 31, 1977;
Amended Eff.
					 January 1, 1987; February 1, 1986; January 1, 1983; March 22, 1980; March 22,
					 1978;
Repealed Eff. January 1,
					 2006.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter B - CONTRACT SERVICES › Section .0500 - REIMBURSEMENT FOR PURCHASED SERVICES › Section 67B .0501-.0502

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-153;
Eff.
					 September 29, 1978;
Amended Eff. May 1, 1990; January 1, 1983;
					 March 22, 1980;
Repealed Eff. January 1,
					 2006.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 67 - SOCIAL SERVICES - PROCEDURES › Subchapter B - CONTRACT SERVICES › Section .0500 - REIMBURSEMENT FOR PURCHASED SERVICES › Section 67B .0503-.0505

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. March 22,
					 1980;
Amended Eff. May 1, 1990; July 1, 1983; January 1,
					 1983;
Repealed Eff. January 1,
					 2006.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0100 - RULEMAKING: SOCIAL SERVICES COMMISSION › Section 68 .0101 - PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				wishing to request the adoption, amendment, or repeal of a rule of the Social
				Services Commission (hereinafter referred to as the commission) shall make his
				or her request through one of the following methods:
(1) by electronic mail to
				SSCommission@dhhs.nc.gov; or
(2) by
				sending a written petition addressed to:
Director
Division of Social Services
Department of Health and Human Services
2401 Mail Service Center
Raleigh, North Carolina 27699-2401
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0100 - RULEMAKING: SOCIAL SERVICES COMMISSION › Section 68 .0102 - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person or agency desiring to be
				placed on the physical mailing list in accordance with
				G.S.
				150B-21.2(d) for Commission
				rulemaking notices must file a request in writing, furnishing his, her or its
				name and mailing address to:
Director
Division of Social Services
Department of Health and Human Services
2401 Mail Service Center
Raleigh, North Carolina 27699-2401
(b) Any person or agency desiring to be
				placed on the electronic mailing list in accordance with
				G.S.
				150B-21.2(d) for Commission
				rulemaking notices must send an email to SSCommission@dhhs.nc.gov.
Authority
				  G.S.
				  143B-153;
				  150B-21.2;
Eff.
				  February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. August 3, 1992; March 1, 1990;
Readopted Eff.
				  September 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0100 - RULEMAKING: SOCIAL SERVICES COMMISSION › Section 68 .0103 - HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
				  150B-12;
Eff.
				  February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. March 1, 1990;
RRC objection August 15, 2019 and rule
				  returned to the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0100 - RULEMAKING: SOCIAL SERVICES COMMISSION › Section 68 .0104 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
				  150B-12;
Eff.
				  February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. March 1, 1990;
RRC objection August 15, 2019 and rule
				  returned to the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0100 - RULEMAKING: SOCIAL SERVICES COMMISSION › Section 68 .0105 - STATEMENT OF REASONS FOR AND AGAINST RULEMAKING DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
				  150B-12;
Eff.
				  February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. March 1, 1990;
RRC objection August 15, 2019 and rule
				  returned to the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0100 - RULEMAKING: SOCIAL SERVICES COMMISSION › Section 68 .0106 - RECORD OF RULEMAKING PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
				  150B-11;
Eff.
				  February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. March 1, 1990;
RRC objection August 15, 2019 and rule
				  returned to the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0100 - RULEMAKING: SOCIAL SERVICES COMMISSION › Section 68 .0107 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Any person requesting printed material from Commission
				  rulemaking records shall be charged a fee for the actual cost of making copies
				  in accordance with
				  G.S.
				  132-6.2. No fee shall be charged if the
				  person requesting Commission rulemaking records agrees to receiving the records
				  electronically.
Authority
				  G.S.
				  143B-153; 132.6-2(b)
Eff.
				  February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. March 1, 1990;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0100 - RULEMAKING: SOCIAL SERVICES COMMISSION › Section 68 .0108 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All requests
				for declaratory rulings shall be by written petition as described in Paragraph
				(b) of this Rule and shall be submitted to:
Director
Division of Social Services
Department of Health and Human Services
2401 Mail Service Center
Raleigh, North Carolina 27699-2401
(b) Every request for a declaratory ruling
				must include the following information:
(1)
				the name and address of the petitioner;
(2) the statute or rule to which the petition
				relates;
(3) a statement of the
				manner in which the petitioner is aggrieved by the rule or statute or its
				potential application to him or her; and
(4) the consequences of a failure to issue a
				declaratory ruling.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0200 - RULEMAKING: DIVISION DIRECTOR › Section 68 .0201 - REPEALED - PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  150B-16;
Eff. July
				  1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff.
				  March 1, 1990;
Repealed Eff. July 1,
				  2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0200 - RULEMAKING: DIVISION DIRECTOR › Section 68 .0202 - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  150B-12;
Eff. July
				  1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff.
				  March 1, 1990;
RRC objection August 15, 2019 and rule returned to
				  the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0200 - RULEMAKING: DIVISION DIRECTOR › Section 68 .0203 - HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  150B-12;
Eff. July
				  1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff.
				  March 1, 1990;
RRC objection August 15, 2019 and rule returned to
				  the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0200 - RULEMAKING: DIVISION DIRECTOR › Section 68 .0204 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  150B-12;
Eff. July
				  1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff.
				  March 1, 1990;
RRC objection August 15, 2019 and rule returned to
				  the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0200 - RULEMAKING: DIVISION DIRECTOR › Section 68 .0205 - JUSTIFICATION OF RULEMAKING DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  150B-12(e);
Eff. July 1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff. March 1, 1990;
RRC objection August 15, 2019 and rule
				  returned to the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0200 - RULEMAKING: DIVISION DIRECTOR › Section 68 .0206 - RECORD OF RULEMAKING PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  150B-11;
Eff. July
				  1, 1977;
Readopted Eff. October 31, 1977;
Amended Eff.
				  March 1, 1990;
RRC objection August 15, 2019 and rule returned to
				  the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0200 - RULEMAKING: DIVISION DIRECTOR › Section 68 .0207 - REPEALED - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  150B-11;
Eff. July
				  1, 1977;
Readopted Eff. October 31, 1977;
Repealed Eff.
				  July 1, 2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0200 - RULEMAKING: DIVISION DIRECTOR › Section 68 .0208 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  150B-17;
Eff. July
				  1, 1977;
Readopted Eff. October 31, 1977;
RRC objection
				  August 15, 2019 and rule returned to the agency on September 19,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0300 - BOARDS OF SOCIAL SERVICES › Section 68 .0301 - EMPLOYMENT OF RELATIVES OF COUNTY BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  108A-1 et seq.; 143B-153;
Eff.
				  February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. March 1, 1990;
RRC objection August 15, 2019 and rule
				  returned to the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0300 - BOARDS OF SOCIAL SERVICES › Section 68 .0302 - SELECTION OF COUNTY BOARD MEMBERS BY SOCIAL SERVICES COMM

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission shall appoint members of the county board of
				  social services in accordance with
				  G.S.
				  108A-3 through
				  G.S.
				  108A-6. If a seat of a county board of social
				  services member becomes vacant because of death, resignation, removal of the
				  board member before the expiration of his or her term, or the member's term has
				  expired, the Commission shall vote to replace the vacancy in accordance with
				  G.S.
				  108A-3. The Commission shall vote to nominate
				  a member for a county board of social services only if a quorum is
				  present.
Authority
				  G.S.
				  108A-3;
				  108A-4;
				  108A-5;
				  108A-6;
				  143B-153;
Eff.
				  February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. September 1, 1991;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 68 - SOCIAL SERVICES - RULEMAKING › Section .0300 - BOARDS OF SOCIAL SERVICES › Section 68 .0303 - DELEGATION OF AUTHORITY BY COUNTY BOARDS

Current through Register Vol. 39, No. 2, July 15, 2024
A county board of social services may delegate to the
				  director of the county department of social services the responsibility, with
				  respect to financial responsibility and suspected fraud, to accomplish the
				  requirements of the AFDC, medical assistance, and special assistance
				  programs.
Authority
				  G.S.
				  108A-1 et seq.; 143B-153;
Eff.
				  February 1, 1976;
Readopted Eff. October 31,
				  1977.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0100 - GENERAL PROVISIONS › Section 69 .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Chapter, the following definitions shall
				  apply:
(1) "Client" means any applicant
				for, or recipient of, public assistance or services, or someone who makes
				inquiries, is interviewed, or is or has been otherwise served to some extent by
				the agency. For purposes of this Chapter, someone acting on behalf of the
				client in accordance with their right to act on the client's behalf under a
				legal order, federal or State law is included under the definition of
				client.
(2) "Agency" means the
				State Division of Social Services and the county departments of social
				services, unless separately identified.
(3) "Client information" or "client record"
				means any information received in connection with the performance of any
				function of the agency, including information stored in computer
				systems.
(4) "Director" means the
				head of the State Division of Social Services or the county departments of
				social services.
(5) "Delegated
				representative" means anyone designated by the director to carry out the
				responsibilities established by the rules in this Chapter. Designation is
				implied when the assigned duties of an employee require access to confidential
				information.
(6) "Court order"
				means any order from a judge or a written document from a judicial employee
				that directs the release of client information.
(7) "Service provider" means any public or
				private entity or individual from whom the agency purchases services, or
				authorizes the provision of services provided or purchased by other divisions
				of the Department of Health and Human Services.
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0100 - GENERAL PROVISIONS › Section 69 .0102 - INFORMATION FROM OTHER AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
If the agency receives information from another entity or
				  individual, then the information shall be treated as client information and
				  disclosure thereof shall be governed by the rules of this
				  Chapter.
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0200 - SAFEGUARDING CLIENT INFORMATION › Section 69 .0201 - CONFLICT OF LAWS

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever there is inconsistency between federal regulations
				  or state statutes addressing confidentiality issues, the agency shall abide by
				  the federal regulation or state statute which provides more protection for the
				  client. The agency shall make the determination as to which regulation or
				  statute provides more protection for the client.
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Amended Eff. March 1, 1990;
Readopted
				  Eff. September 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0200 - SAFEGUARDING CLIENT INFORMATION › Section 69 .0202 - OWNERSHIP OF RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All client
				information is the property of the agency, and employees of the agency shall
				keep this information confidential, except as provided by the rules of this
				Chapter.
(b) Original client
				records shall not be removed from the premises by individuals other than agency
				staff authorized to access the client's records, except by a court
				order.
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Readopted Eff. September 1,
				  2019.