reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter B - CONFIDENTIALITY RULES › Section .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT › Section 26B .0210 - RELEASE TO AREA BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
Area board members may have access to confidential
					 information only upon written consent of the client or the client's legally
					 responsible person or pursuant to other exceptions to confidentiality as
					 specified in
					 G.S.
					 122C-53 through
					 122C-55. Area board members may
					 have access to non-identifying client information.
Authority
					 G.S.
					 122C-52;
					 122C-53;
					 131E-67;
					 143B-147;
Eff.
					 February 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter B - CONFIDENTIALITY RULES › Section .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT › Section 26B .0211 - RELEASE OF INFORMATION BY INTERNAL CLIENT ADVOCATES

Current through Register Vol. 39, No. 2, July 15, 2024
Upon request by the Secretary, internal client advocates
					 may disclose to the Secretary or his designee confidential information obtained
					 while fulfilling monitoring and advocacy functions.
Authority
					 G.S.
					 122C-53;
					 131E-67;
					 143B-147;
Eff.
					 February 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter B - CONFIDENTIALITY RULES › Section .0300 - DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CONSENT › Section 26B .0301 - NOTICE TO CLIENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each area or
				  state facility that maintains confidential information shall give written
				  notice to the client or the legally responsible person at the time of admission
				  that disclosure may be made of pertinent information without his expressed
				  consent in accordance with
				  G.S.
				  122C-52 through
				  122C-56. This notice shall be
				  explained to the client or legally responsible person as soon as
				  possible.
(b) The giving of notice
				  to the client or legally responsible person shall be documented in the client
				  record.
Authority
					 G.S.
					 122C-52;
					 131E-67;
					 143B-147;
Eff. July
					 1, 1979;
Amended Eff. March 1, 1990; February 1, 1986; July 15,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter B - CONFIDENTIALITY RULES › Section .0300 - DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CONSENT › Section 26B .0302 - PERSONS DESIGNATED TO DISCLOSE CONFIDENTIAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The area or state facility director shall be responsible
					 for the disclosure of confidential information but may delegate the authority
					 for disclosure to other persons under his supervision. Such delegation shall be
					 in writing.
Authority
					 G.S.
					 122C-52;
					 131E-67;
					 143B-147;
Eff. July
					 1, 1979;
Amended Eff. March 1, 1990; February 1, 1986; July 15,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter B - CONFIDENTIALITY RULES › Section .0300 - DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CONSENT › Section 26B .0303 - REPEALED - DOCUMENTATION OF DISCLOSURE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 122C-52;
					 122C-55;
					 131E-67;
					 143B-147;
Eff. July
					 1, 1979;
Amended Eff. March 1, 1990; February 1, 1986; July 15,
					 1980;
Repealed Eff. January 1,
					 2005.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter B - CONFIDENTIALITY RULES › Section .0300 - DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CONSENT › Section 26B .0304 - PROHIBITION AGAINST REDISCLOSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Agencies disclosing confidential information pursuant to
				  G.S.
				  122C-52 through
				  G.S.
				  122C-56 shall inform the recipient that
				  redisclosure of such information is prohibited without client
				  consent.
(b) A stamp may be used to
				  fulfill this requirement.
Authority
					 G.S.
					 122C-52;
					 131E-67;
					 143B-147(a)(6);
Eff. January 1, 1984;
Amended Eff. February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0100 - DESIGNATION OF FACILITIES FOR THE CUSTODY AND TREATMENT OF INVOLUNTARY CLIENTS › Section 26C .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of this Section is to
				  establish procedures by which 24-hour facilities may be designated as
				  facilities for the custody and treatment of involuntary clients, pursuant to
				  G.S.
				  122C-252.
(b) This Section applies to all those state
				  facilities, 24-hour facilities licensed under Chapter 122C of the General
				  Statutes of North Carolina, and hospitals licensed under Chapter 131E of the
				  General Statutes of North Carolina that wish to provide custody and treatment
				  of those individuals involuntarily committed under Article 5, Parts 7 and 8 of
				  Chapter 122C of the General Statutes.
(c) Facilities that are licensed in
				  accordance with G.S. 122C requirements in the following categories may request
				  a designation to care for and treat individuals under petitions of involuntary
				  commitment:
(1)
											10A NCAC
				  27G .3100 Nonhospital Medical Detoxification
				  for Individuals who are Substance Abusers;
(2)
											10A NCAC
				  27G .5000 Facility Based Crisis for
				  Individuals of all Disability Groups; and
(3)
											10A NCAC
				  27G .6000 Inpatient Hospital Treatment for
				  Individuals who have Mental Illness or Substance Abuse Disorders.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0100 - DESIGNATION OF FACILITIES FOR THE CUSTODY AND TREATMENT OF INVOLUNTARY CLIENTS › Section 26C .0102 - REQUEST FOR DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A request for
				  designation shall be made to the Division of Mental Health, Developmental
				  Disabilities and Substance Abuse Services (DMH/DD/SAS).
(b) Each request shall include the following:
(1) name and address of applicant;
(2) type of facility to be designated and
				  type of service for which designation is requested;
(3) staffing levels of the
				  facility;
(4) location of the
				  facility;
(5) name of the
				  administrator;
(6) status of
				  license; and
(7) name and principal
				  business address of holder of license.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0100 - DESIGNATION OF FACILITIES FOR THE CUSTODY AND TREATMENT OF INVOLUNTARY CLIENTS › Section 26C .0103 - REVIEW PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of
				  the request, the DMH/DD/SAS shall review the following regarding the facility
				  prior to granting designation:
(1) status of
				  licensure by the Division of Health Service Regulation;
(2) status of accreditation by an accrediting
				  body, such as the Council on Accreditation, the Council on Quality and
				  Leadership, the Council on Accreditation of Rehabilitation Facilities, or The
				  Joint Commission, and review of the most recent survey report;
(3) adequacy of treatment program provided
				  clients;
(4) consistency of staff
				  coverage with proposed services;
(5) existence and adequacy of staff
				  capability to manage the more dangerous and violent involuntary client as well
				  as procedures for transfer to a more secure facility, where
				  applicable;
(6) existence and
				  adequacy of security procedures, including elopement and suicide prevention
				  procedures;
(7) existence and
				  adequacy of seclusion and restraint capabilities, policies and
				  procedures;
(8) adequacy of staff
				  training as to North Carolina laws pertaining to the involuntary committed
				  client; and
(9) existence and
				  adequacy of clients' rights policies and procedures.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0100 - DESIGNATION OF FACILITIES FOR THE CUSTODY AND TREATMENT OF INVOLUNTARY CLIENTS › Section 26C .0104 - DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The DMH/DD/SAS
				  shall designate as facilities for the custody and treatment of involuntary
				  clients those facilities that demonstrate both treatment capability and the
				  capability to assure the safety of the client and the general public.
(b) The DMH/DD/SAS shall notify the facility
				  in writing of its designation status.
(c) The DMH/DD/SAS shall notify the Clerks of
				  Superior Court in that region of those facilities designated with copies to be
				  sent to the local management entities. For purposes of this Rule, local
				  management entity shall have the same definition as set forth in
				  G.S.
				  122C-3(20b).
(d) A list of designated facilities may be
				  obtained from the DMH/DD/SAS at a cost to cover printing and postage or may be
				  downloaded from the DMH/DD/SAS website at
				  http://www.dhhs.state.nc.us/ivc.
(e) A facility granted designation shall
				  notify the DMH/DD/SAS of any changes in operation concerning any of the
				  information submitted with the original request within seven calendar days of
				  the change.
(f) Designation may be
				  terminated by the DMH/DD/SAS upon finding that the facility no longer meets the
				  qualifications for designation and is no longer able to provide
				  treatment.
Authority
					 G.S.
					 122C-252;
Temporary Rule Eff.
					 January 1, 1986, for a Period of 32 Days to Expire on February 1,
					 1986;
Eff. February 1, 1986;
Amended Eff. March 1,
					 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0100 - DESIGNATION OF FACILITIES FOR THE CUSTODY AND TREATMENT OF INVOLUNTARY CLIENTS › Section 26C .0105 - APPEAL

Current through Register Vol. 39, No. 2, July 15, 2024
Any facility denied designation or whose designation has
					 been terminated under this Section may appeal pursuant to the contested case
					 process set forth in G.S. 150B, Article 3.
Authority
					 G.S.
					 122C-252;
					 150B-23;
Temporary
					 Rule Eff. January 1, 1986, for a Period of 32 Days to Expire on February 1,
					 1986;
Eff. February 1, 1986;
Amended Eff. March 1,
					 2009; April 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0200 - RESEARCH › Section 26C .0201 - MONITORING OF RESEARCH

Current through Register Vol. 39, No. 2, July 15, 2024
All research carried out in any of the Division of mental
					 health's facilities, or in connection with its program, shall be closely
					 monitored for quality, the interest of clients' rights and welfare,
					 confidentiality and optimal treatment.
Authority
					 G.S.
					 143B-147;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0200 - RESEARCH › Section 26C .0202 - PROTOCOL

Current through Register Vol. 39, No. 2, July 15, 2024
Before any investigation is launched involving the
					 Division's clients, their records, or a mental health program's records, a
					 written protocol of the planned study shall be submitted to the chief executive
					 offices of the institution or area program. The protocol shall contain the
					 following:
(1) identification of
				  project and investigator;
(2)
				  abstract, containing a short description;
(3) statement of objectives and
				  rationale;
(4) description of
				  methodology, including projected number of people and time involved;
(5) measures taken to protect subjects'
				  interests, including, if necessary, informed consent;
(6) statement of interests of involved mental
				  health programs; and
(7) plans for
				  dissemination and disposition of findings.
Authority
					 G.S.
					 143B-147;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0200 - RESEARCH › Section 26C .0203 - ADVICE OF RESEARCH COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
The chief executive officer of the institution or area
					 program before approving or rejecting a research project shall seek the advice
					 of a research committee. The Committee may recommend acceptance, acceptance
					 with revision, or rejection. The recommendation shall carefully weigh the
					 expected gain for future mental health clients against the possible risk for
					 persons involved in the study.
Authority
					 G.S.
					 143B-147;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0200 - RESEARCH › Section 26C .0204 - RESEARCH COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be the policy of the Division of mental health
					 services to have a sufficient number of research committees all over the state,
					 so that each program has easy access to a committee. Each committee's
					 procedures shall be recorded and written records kept in a specially designated
					 file. The principal investigator and the research committee shall ensure that
					 projects in progress are reviewed at least every three months or whenever a
					 change in method is planned. Each research committee is charged with furthering
					 as well as monitoring any project.
Authority
					 G.S.
					 143B-147;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0200 - RESEARCH › Section 26C .0205 - YEARLY RESEARCH STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of mental health, through its head of
					 research, shall receive once a year from each region a statement of all
					 research projects which have been started, continued or terminated in that
					 region. Each region's efforts shall be supported by a research consultant from
					 the Division's office, who shall also be a member of each research committee in
					 the region. The research consultants shall assist in the formulation of
					 research plans, wherever this may become necessary.
Authority
					 G.S.
					 143B-147;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0300 - DEATH REPORTING › Section 26C .0301 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of this Section, facilities
				  licensed in accordance with G.S. 122C, Article 2, state facilities operating in
				  accordance with G.S. 122C Article 4, Part 5 and inpatient psychiatric units of
				  hospitals licensed under G.S. 131E shall report client deaths to the Division
				  of Health Service Regulation.
(b)
				  Client deaths occurring in facilities not licensed in accordance with G.S.
				  122C, Article 2 or state facilities operating in accordance with G.S. 122C,
				  Article 4, Part 5 shall be reported to the Division of Mental Health,
				  Developmental Disabilities and Substance Abuse Services.
Authority
					 G.S.
					 122C-26;
					 122C-131;
Temporary
					 Adoption Eff. January 1, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0300 - DEATH REPORTING › Section 26C .0302 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions contained in
					 G.S.
					 122C-3 and
					 10A NCAC
					 27G .0103, the following definitions shall
					 apply with respect to this Section:
(1) "Accident" means an unexpected, unnatural
				  or irregular event contributing to a client's death and includes, but is not
				  limited to, medication errors, falls, fractures, choking, elopement (escape,
				  run away from or abscond), exposure, poisoning, drowning, burns or thermal
				  injury, electrocution, misuse of equipment, motor vehicle accidents, and
				  natural disasters.
(2)
				  "Immediately" means at once, at or near the present time, without
				  delay.
(3) "Violence" means
				  physical force exerted for the purpose of violating, damaging, abusing or
				  injuring.
Authority
					 G.S.
					 122C-26;
					 122C-131;
Temporary
					 Adoption Eff. January 1, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0400 - MISCELLANEOUS › Section 26C .0401 - LIAISON WITH CITIZEN GROUPS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall consult and maintain liaison with
					 citizen advocacy groups in the area of mental health
					 services.
Authority
					 G.S.
					 143B-147;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0400 - MISCELLANEOUS › Section 26C .0402 - STANDARDIZED FORMS AND PROCESSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Pursuant to
				  G.S.
				  122C-112.1(a)(32) this Rule
				  sets forth the standardized forms and processes to be used by local management
				  entities (LMEs) and providers in support of LME system management functions.
				  LMEs and providers shall use the standardized forms and processes provided by
				  the Secretary for system management functions including:
(1) person-centered plan;
(2) screening/triage/referral
				  interview;
(3) claims
				  processing;
(4) contract;
(5) memorandum of agreement;
(6) quality improvement plan;
(7) strategic plan;
(8) local business plan;
(9) authorization of state funded
				  services;
(10) endorsement of a
				  provider of service; and
(11)
				  letter of support for residential facilities.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0500 - SUMMARY SUSPENSION AND REVOCATION › Section 26C .0501 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
This Section sets forth rules governing summary suspension
					 and revocation of authorization to receive public funding for providing mental
					 health, developmental disabilities and substance abuse
					 services.
Authority
					 G.S.
					 122C-112.1;
					 143B-139.1;
					 150B-21.1;
Temporary
					 Adoption Eff. July 1, 2003;
Eff. July 1, 2004;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0500 - SUMMARY SUSPENSION AND REVOCATION › Section 26C .0502 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in the rules in this Section, the following terms
					 have the meanings specified:
(1)
				  "Authorization to receive public funding for providing services" means approval
				  from the Department to receive funding through one or more of the following
				  mechanisms;
(a) enrollment of a provider with
				  Medicaid, as defined in 42
				  C.F.R. 440.90,
				  42 C.F.R. 440.130(D), and
				  42 C.F.R.
				  440.180 and SL 2002-164; or
(b) compliance with contract or funding
				  requirements for state or federal funds, as defined in
				  10A NCAC
				  27A, Sections .0100 through .0200.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0500 - SUMMARY SUSPENSION AND REVOCATION › Section 26C .0503 - SUMMARY SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The DMH/DD/SAS
				  shall issue a written order of agency-wide, site-limited or service-specific
				  summary suspension of state or federal mental health, developmental
				  disabilities and substance abuse services funds and shall refer findings
				  concerning licensed providers for investigation by the licensing agency, when
				  it determines that a client's health, safety or welfare is in immediate
				  jeopardy, as defined in
				  10A NCAC
				  27G .0602(5). Where funding
				  is authorized by other public sources, the DMH/DD/SAS shall refer its findings
				  to the funding authority and shall refer findings concerning licensed providers
				  for investigation by the licensing agency, when it determines that a client's
				  health, safety or welfare is in immediate jeopardy. The DMH/DD/SAS shall
				  include its findings in the order or referral.
(b) An order of summary suspension shall be
				  effective on the date specified in the order or on the date of the first
				  attempt to deliver notification at the last known address of the provider,
				  whichever is later.
(c) The order
				  shall specify a date by which the provider shall remove the cause for the
				  emergency action and authorization for funding shall resume.
(d) The provider may contest the order by
				  requesting a contested case hearing pursuant to G.S. 150B. Requesting a
				  contested hearing does not stay the order for summary suspension.
Authority
					 G.S.
					 122C-112.1;
					 143B-139.1;
					 150B-21.1;
Temporary
					 Adoption Eff. July 1, 2003;
Eff. July 1, 2004;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0500 - SUMMARY SUSPENSION AND REVOCATION › Section 26C .0504 - REVOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The DMH/DD/SAS
				  shall revoke authorization to receive funding to provide services utilizing
				  state or federal mental health, developmental disabilities and substance abuse
				  services funds and make a recommendation to DMA to revoke enrollment for
				  Medicaid, when it finds that there has been substantial failure to comply with
				  statutes or pursuant to Rule .0502(5) of this Section. Where funding is
				  authorized by other public sources, the DMH/DD/SAS shall refer its findings to
				  the funding authority. Regardless of funding authority, the DMH/DD/SAS shall
				  refer findings concerning licensed providers for investigation by the licensing
				  agency when it determines there has been substantial failure to comply with
				  statutes or rules. The DMH/DD/SAS shall include its findings in the revocation
				  order, recommendation or referral.
(b) Before revoking authorization, making a
				  recommendation to the Division of Medical Assistance (DMA) or making a referral
				  to another funding authority or licensing agency, the DMH/DD/SAS shall provide
				  written notice to the provider stating that continued failure to comply with
				  statutes or rules will result in the revocation, recommendation and
				  referral.
(c) The DMH/DD/SAS shall
				  give the provider written notice of the revocation order, the recommendation to
				  DMA or referral of findings to the funding authority or licensing agency, as
				  applicable. The written notice shall include the reasons for the action, and
				  the grievance/appeal process or contested case procedures pursuant to G.S.
				  150B.
(d) The revocation notice
				  shall be effective on the date specified in the notice or on the date of the
				  first attempt to deliver notification at the last known address of the
				  provider, whichever is later.
(e)
				  The DMH/DD/SAS shall provide to DMA or other funding authority a written notice
				  of the revocation order and a recommendation to revoke Medicaid enrollment. The
				  DMH/DD/SAS shall also provide a copy of the notice and recommendation to the
				  licensing agency, as applicable.
(f) The provider may contest the order by
				  requesting a contested case hearing pursuant to G.S. 150B. Requesting a
				  contested case hearing does not stay the revocation order.
Authority
					 G. S.
					 122C-112.1;
					 143B-139.1;
					 150B-21.1;
Temporary
					 Adoption Eff. July 1, 2003;
Eff. July 1, 2004;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0600 - REMOVAL OF LOCAL MANAGEMENT ENTITY FUNCTIONS › Section 26C .0601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The requirements of this Section govern the removal of a
					 local management entity (LME) function as set forth in
					 G.S.
					 122C-115.4(d).
Authority
					 G.S.
					 122C-115.4(f)(3);
Eff. May 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0600 - REMOVAL OF LOCAL MANAGEMENT ENTITY FUNCTIONS › Section 26C .0602 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in the rules in this Section, the following terms
					 have the meanings specified:
(1)
				  "Critical performance indicator" means any of the measures as set out in these
				  rules developed and implemented pursuant to
				  G.S.
				  122C-112.1(a)(33).
(2) "Focused technical assistance" means the
				  process of advising, providing consultation and evaluation related to a
				  specific function, activity or performance indicator designed to improve the
				  quality of performance of the targeted operation.
(3) "Local management entity (LME)" means the
				  same as defined in
				  G.S.
				  122C-3(20b).
(4) "Material breach" means an LME has failed
				  to maintain for a period of two consecutive months, the required outcome
				  expectations, as outlined in the DHHS/LME contract, on a critical performance
				  indicator after the LME has received focused technical assistance.
(5) "Monitor" or "Monitoring" means the same
				  as defined in
				  10A NCAC
				  27G .0602(9).
Authority
					 G.S.
					 122C-115.4(f)(3);
Eff. May 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0600 - REMOVAL OF LOCAL MANAGEMENT ENTITY FUNCTIONS › Section 26C .0603 - NOTICE OF DEFICIENT PERFORMANCE

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary shall issue a notice of deficient performance
					 in writing to an LME when the LME fails to achieve the required outcome for a
					 critical performance indicator established for one of the primary functions of
					 LMEs as set forth in
					 G.S.
					 122C-115.4(b). The written
					 notice shall:
(1) identify the
				  critical performance indicator outcome the LME failed to achieve including a
				  statement of the findings that support a conclusion of deficient
				  performance;
(2) identify the LME
				  function related to the critical performance indicator outcome;
(3) identify the required outcome
				  expectation(s); and
(4) state the
				  timeframe for meeting the required outcome expectation(s).
Authority
					 G.S.
					 122C-115.4(f)(3);
Eff. May 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0600 - REMOVAL OF LOCAL MANAGEMENT ENTITY FUNCTIONS › Section 26C .0604 - PLAN OF CORRECTION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The LME
				  shall respond to the notice of deficient performance by submitting to the
				  DMH/DD/SAS a written Plan of Correction (POC) within 15 working days of
				  receipt.
(b) The DMH/DD/SAS shall
				  review the POC and approve it as written or communicate in writing with the LME
				  regarding required corrections. The LME shall have a period of five additional
				  working days to submit a revised POC.
(c) Failure to submit or revise the POC may
				  result in a suspension of funding for the LME function.
Authority
					 G.S.
					 122C-115.4(f)(3);
Eff. May 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0600 - REMOVAL OF LOCAL MANAGEMENT ENTITY FUNCTIONS › Section 26C .0605 - FOCUSED TECHNICAL ASSISTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Within 15 working days of the approval of the POC, the
					 DMH/DD/SAS shall initiate focused technical assistance and monitoring of the
					 LME. The DMH/DD/SAS shall continue to provide focused technical assistance and
					 monitoring until:
(1) the LME achieves
				  and maintains the required outcome on the designated performance indicator(s)
				  for a period of two consecutive months; or
(2) the end of six months, whichever occurs
				  first.
Authority
					 G.S.
					 122C-115.4(f)(3);
Eff. May 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0600 - REMOVAL OF LOCAL MANAGEMENT ENTITY FUNCTIONS › Section 26C .0606 - REMOVAL OF LME FUNCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The LME shall
				  be considered to have a material breach if the LME fails to achieve and
				  maintain for a period of two consecutive months, the required outcome
				  expectations on the designated performance indicator(s) after the six month
				  period occurs as specified in Rule .0605 of this Section.
(b) Upon identifying the LME as having an
				  uncorrected material breach and within a timeframe not to exceed 30 working
				  days, the Secretary shall arrange for a contract with another LME to implement
				  the function associated with the deficient critical performance indicator as
				  set forth in
				  G.S.
				  122C-115.4(d)(3). Prior to
				  the removal of the function, the Secretary shall send written notification to
				  the LME stating:
(1) the LME function that is
				  being removed;
(2) the date of the
				  removal of the function;
(3) the
				  entity identified to implement the function being removed;
(4) the amount of fund reallocation from the
				  deficient LME to the receiving entity; and
(5) the expectation that the deficient LME
				  shall cooperate with the Secretary and receiving entity as necessary to ensure
				  a smooth, seamless transition of the function.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0700 - COUNTY DISENGAGEMENT FROM A LOCAL MANAGEMENT ENTITY-MANAGED CARE ORGANIZATION › Section 26C .0701 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
A county seeking to disengage from a Local Management
					 Entity-Managed Care Organization (LME-MCO) and align with another LME-MCO
					 operating under a Medicaid waiver shall first obtain the approval of the
					 Secretary of the Department of Health and Human Services (DHHS) in accordance
					 with the rules of this Section.
Authority
					 G.S.
					 122C-115;
Eff. February 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0700 - COUNTY DISENGAGEMENT FROM A LOCAL MANAGEMENT ENTITY-MANAGED CARE ORGANIZATION › Section 26C .0702 - COUNTY REQUEST TO DISENGAGE FROM A LOCAL MANAGEMENT ENTITY-MANAGED CARE ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A county
				  seeking to disengage from an LME-MCO shall provide written notice of its intent
				  to disengage from an LME-MCO to the Secretary, the Co-Chairs of the Joint
				  Legislative Oversight Committee on Health and Human Services, and affected
				  counties a minimum of nine months prior to the proposed effective date of
				  disengagement.
(b) A county seeking
				  to disengage from an LME-MCO shall publish its plan for disengagement on its
				  website, and the website of the LME-MCO with which it seeks to align.
(c) The county seeking to disengage from an
				  LME-MCO shall accept public comments on its disengagement plan for a minimum of
				  60 calendar days. The county shall solicit comments from consumers, advocates,
				  self-advocates, and State and Local Consumer and Family Advisory Committees
				  (CFACs) using locally established communication methods, such as mailings,
				  routine stakeholder meetings, press releases, and social media messages, and
				  shall post the public comments on its website for a minimum of 30 calendar
				  days.
(d) A county seeking to
				  disengage from an LME-MCO and realign with a different LME-MCO operating a
				  Medicaid waiver shall provide written documentation of the following to the
				  Secretary, which shall constitute its written request to disengage:
(1) Approval of its disengagement plan by its
				  Board of County Commissioners which reflects the date of the approval and that
				  the approval was by majority vote;
(2) A written plan, approved by its Board of
				  County Commissioners, to ensure continuity of services during the transition
				  which includes written notice to the provider agencies with which the LME-MCO
				  contracts;
(3) A written plan,
				  approved by its Board of County Commissioners, which provides for distribution
				  of real property, where appropriate, and reflects title to the same;
(4) Approval of the Area Board, by majority
				  vote, of the LME-MCO with which it is seeking to realign;
(5) Evidence of written notice to the other
				  counties who are also members of the LME-MCO from which the county is seeking
				  disengagement;
(6) Evidence of its
				  written notice to the providers impacted by its decision to
				  disengage;
(7) Evidence of its
				  compliance with the population requirements of
				  G.S.
				  122C-115(a);
(8) Evidence of its financial liabilities to
				  the LME-MCO from which it is seeking to disengage within 30 calendar days of
				  the request to disengage; and
(9)
				  Documentation of its compliance with Paragraphs (a) through (c) of this
				  Rule.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter C - OTHER GENERAL RULES › Section .0700 - COUNTY DISENGAGEMENT FROM A LOCAL MANAGEMENT ENTITY-MANAGED CARE ORGANIZATION › Section 26C .0703 - SECRETARY RESPONSE TO COUNTY REQUESTS TO DISENGAGE FROM A LOCAL MANAGEMENT ENTITY-MANAGED CARE ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  written request by a county seeking to disengage from an LME-MCO, the Secretary
				  may waive the nine month requirement set forth in Rule .0702(a) of this Section
				  upon consideration of the following factors:
(1) the impact of delay upon consumers
				  currently served in the county seeking to disengage;
(2) the financial vulnerability of the
				  LME-MCO from which disengagement is sought; and
(3) any substantiated evidence of criminal
				  activity or malfeasance on the part of the LME-MCO from which disengagement is
				  sought.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0100 - SCOPE AND DEFINITIONS › Section 26D .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
This Subchapter sets forth standards for the delivery of
					 mental health and mental retardation services to inmates in the custody of the
					 Department of Correction. These standards shall apply to such services provided
					 to inmates by the Department or by any other provider of services on a
					 contractual basis.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0100 - SCOPE AND DEFINITIONS › Section 26D .0102 - REQUIRED SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department
				  shall provide or contract for mental health and mental retardation
				  services.
(b) Such services, which
				  address the needs of the client as assessed by a clinician, shall include, but
				  need not be limited to:
(1)
				  emergency;
(2)
				  prevention;
(3)
				  outpatient;
(4) residential;
				  and
(5) inpatient.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0200 - ORGANIZATIONAL RESPONSIBILITIES › Section 26D .0201 - COORDINATION AND DELIVERY OF SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall develop and implement a plan to ensure
					 coordination in the delivery of all mental health and mental retardation
					 services.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0200 - ORGANIZATIONAL RESPONSIBILITIES › Section 26D .0202 - ORGANIZATIONAL CHART

Current through Register Vol. 39, No. 2, July 15, 2024
The organizational chart of the Department shall clearly
					 articulate the channels of responsibility in implementing and ensuring the
					 coordination of mental health and mental retardation
					 services.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0200 - ORGANIZATIONAL RESPONSIBILITIES › Section 26D .0203 - DISTRIBUTION OF STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall distribute to all service delivery
					 sites adequate copies of the rules of this Subchapter and any subsequent
					 revisions to these Rules as they occur.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0200 - ORGANIZATIONAL RESPONSIBILITIES › Section 26D .0204 - COMPLIANCE WITH RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department
				  shall conduct an annual internal evaluation of compliance with Commission
				  standards in each service delivery site.
(b) The evaluation report shall be made
				  available to the DHHS review team.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0200 - ORGANIZATIONAL RESPONSIBILITIES › Section 26D .0205 - GRIEVANCE RULE

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall develop and implement a rule which
					 identifies procedures for review and disposition of grievances regarding mental
					 health and mental retardation services.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0300 - REQUIRED STAFF › Section 26D .0301 - PSYCHIATRIST

Current through Register Vol. 39, No. 2, July 15, 2024
Each service delivery site shall employ, or contract for,
					 the services of a psychiatrist to ensure the client's accessibility to services
					 which require the judgment and expertise of a psychiatrist.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0300 - REQUIRED STAFF › Section 26D .0302 - PSYCHOLOGIST

Current through Register Vol. 39, No. 2, July 15, 2024
Each service delivery site shall employ, or contract for,
					 the services of a psychologist to ensure the client's accessibility to services
					 which require the judgment and expertise of a psychologist.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0300 - REQUIRED STAFF › Section 26D .0303 - REGISTERED NURSE

Current through Register Vol. 39, No. 2, July 15, 2024
Each service delivery site shall employ, or contract for, a
					 registered nurse to ensure that the client is given the nursing care that
					 requires the judgment and specialized skills of a registered
					 nurse.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0300 - REQUIRED STAFF › Section 26D .0304 - SOCIAL WORKER

Current through Register Vol. 39, No. 2, July 15, 2024
Unless exempted by the Chief of Mental Health Services
					 based on size and mission of the facility, each service delivery site shall
					 employ, or contract for, social work staff to ensure the client's accessibility
					 to services which require the knowledge and expertise of a social
					 worker.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .0300 - REQUIRED STAFF › Section 26D .0305 - SUPPORT STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
Each service delivery site shall have support staff to
					 ensure the delivery of mental health and mental retardation services to
					 clients. This includes, but need not be limited to, clerical
					 staff.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.