North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter M - COMMUNITY LIVING SERVICES › Section 71M .0104 - LIMITATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The enrollment
				plan of a client in a non-institutional community living services program shall
				be based on the individual needs and capabilities of the client for
				participation in the variety of activities contained in the service definition.
				The enrollment plan and the basis for the plan shall be documented in the
				individual client record maintained by the community living services program.
				In order to accommodate the range of individual enrollment needs,
				non-institutional community living services programs shall be required to
				operate a minimum of six hours per day, five days per week.
(b) Client work participation and other
				habilitative activities shall be based on individual needs as determined by
				comprehensive evaluation to establish individual objectives in all service
				elements. Provided they are habilitative, work activities can range from none
				to a full day. All work and other habilitative activities shall be based on a
				comprehensive and individual evaluation that establishes individual objectives
				in all elements included in the service and shall be relevant to client needs
				identified in the evaluation. Program generated income can be used for wages.
				Reimbursement for service provision under Social Services Block Grant (Title
				XX) of the Social Security Act is discontinued when earnings from work
				activities exceed one-half the federal minimum wage for two consecutive
				months.
(c) Medical expenses cannot
				be budgeted for in this service.
(d) Transportation can be included as a
				program cost only when it is necessary to provide services, i.e. make it
				possible for clients to participate in program related activities. All costs of
				transporting clients to and from the services program are considered as
				transportation costs rather than program costs.
(e) Under no circumstances may a fee be
				assessed for an intrinsic element of the primary service. Fees for optional
				elements and for transportation may be assessed if no portion of these costs
				are included in the purchased rate.
(f) No optional elements nor the optional
				component of this service can be contracted for separately under Social
				Services Block Grant (Title XX) outside the purchase rate established for the
				individual facility.
(g) Staff
				members of community living services programs may act as liaison between the
				programs and other community resources but shall not provide direct services
				not included in the service definition.
(h) Reimbursement for client participation
				cannot be made for enrollment in more than one community living services
				program at the same time.
(i) When
				a client has benefited from community living services to a degree of adequate
				functioning in social situations (e.g., is employable in a structured
				situation), he shall be discharged from the program and transferred to one more
				appropriate.
Authority
				  G.S.
				  143B-153;
Eff. July 23,
				  1979;
Amended Eff. January 1, 1980;
Transferred from
				  T10.43I .0205 Eff. July 1, 1983;
Amended Eff. June 1,
				  1990;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 20,
				  2017.