North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0600 - AREA AUTHORITY OR COUNTY PROGRAM MONITORING OF FACILITIES AND SERVICES › Section 27G .0606 - REFERRAL OF COMPLAINTS TO LOCAL MANAGEMENT ENTITIES PERTAINING TO CATEGORY A OR CATEGORY B PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Local Management Entity shall respond to complaints received concerning the
				  provision of public services or client rights pertaining to Category A and B
				  providers within its catchment area.
(b) When the Local Management Entity is a
				  subject of the complaint, the LME shall refer the complaint concerning a
				  Category A provider to the Division of Health Service Regulation, or a Category
				  B provider to the Division of Mental Health, Developmental Disabilities and
				  Substance Abuse Services.
(c) When
				  the LME receives a complaint concerning a Category A provider, and the
				  complaint is related to a North Carolina rule, the LME shall forward the
				  complaint directly to the Division of Health Service Regulation.
(d) When the LME receives a complaint
				  concerning a community-based ICF/MR, the LME shall forward the complaint
				  directly to the Division of Health Service Regulation. The Division of Health
				  Service Regulation is responsible for the complaint investigation.
(e) When a complaint investigation involving
				  a Category B provider identifies an issue which if substantiated by the
				  Division of Mental Health, Developmental Disabilities and Substance Abuse
				  Services could result in a revocation or suspension of the provider's funding
				  pursuant to
				  10A NCAC
				  26C .0501 through
				  26C .0504, the LME shall document
				  the issue or issues creating the concern and notify the Division of Mental
				  Health, Developmental Disabilities and Substance Abuse Services of the issue
				  within 24 hours. The Division of Mental Health, Developmental Disabilities and
				  Substance Abuse Services shall consult with the LME, and shall then determine
				  which agency will lead the investigation and which agencies need to be
				  involved. Separate complaint investigations shall not be performed.
(f) When a complaint investigation results in
				  the Local Management Entity initiating action to withdraw endorsement of a
				  provider endorsed by the Local Management Entity, the LME shall follow the
				  requirements identified in
				  10A NCAC
				  26C .0709.
(g) When facilities employ contract clinical
				  staff to perform clinical functions as a component of the service provided by
				  the provider, the Local Management Entity may investigate a complaint
				  concerning the contracted clinician only if the complaint involves an
				  individual being served in the context of the publicly funded
				  service.
Authority
					 G.S.
					 122C-112.1;
					 143B-139.1;
Temporary Adoption Eff. July 1, 2003;
Eff. July 1,
					 2004;
Amended Eff. August 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.