reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0113 - PREHEARING: SETTLEMENT CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Upon the request of any party or upon his own motion the
					 Hearing Officer may direct the parties to participate in an informal
					 prehearing/settlement conference. The Hearing Officer shall give the parties
					 not less than ten days notice before the scheduled date of a conference. The
					 purposes of the conference shall be to simplify issues, resolve disputes and
					 expedite disposition of the case. If the parties reach a settlement during the
					 conference, such shall be set forth in a settlement agreement or consent order
					 and made a part of the record. Prehearing/settlement conferences may be
					 conducted by conference telephone call.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0114 - FAILURE TO APPEAR AT HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  party to a decision review hearing may waive the right to be present during any
				  portion of the proceedings. The waiver must be knowingly and intelligently made
				  by the party or his designated representative.
(b) If a party served with notice of hearing
				  fails to appear at a scheduled hearing without having waived his right to be
				  present, the Hearing Officer may:
(1) proceed
				  with the hearing in the party's absence;
(2) order a continuance or like
				  disposition;
(3) enter an order of
				  default; or
(4) deny review of the
				  decision.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0115 - MISCONDUCT AT HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Disrespectful, disorderly or contumacious language or
					 conduct, refusal to comply with directions, or continued use of dilatory
					 tactics by any person at any decision review hearing shall constitute grounds
					 for immediate exclusion of such person from the hearing by the Hearing
					 Officer.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0116 - SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
If a party fails to comply with an order or request of the
					 Hearing Officer, the Hearing Officer may:
(1) find that the allegations of or the
				  issues set out in the petition or other pleading may be taken as true or deemed
				  proved without further evidence;
(2) dismiss or grant the motion or
				  petition;
(3) suppress a claim or
				  defense;
(4) exclude evidence;
				  or
(5) impose some combination of
				  these sanctions or other appropriate sanction.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0117 - MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
An application for an order shall be by written motion
					 unless made during a hearing or otherwise specified in these Rules. Written
					 motions shall be filed and served upon all parties not less than ten days
					 before the hearing, unless otherwise specified in these
					 Rules.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0118 - CONTINUANCES AND EXTENSIONS OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
The Hearing Officer may grant continuances and extensions
					 of time to file only in compelling circumstances and with due regard for the
					 interests of justice and the orderly and prompt conduct of the proceedings. A
					 request for continuance may be made in writing or by phone, but must be
					 received by the Hearing Officer no later than 5:00 p.m. two days prior to the
					 date of hearing. A request for extension of time in which to file a document
					 may be made in writing or by phone, but must be received by the Hearing Officer
					 no later than 5:00 p.m. two days prior to the date the document is
					 due.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0119 - TIME

Current through Register Vol. 39, No. 2, July 15, 2024
Unless otherwise provided in these Rules or in a specific
					 statute, time computations in a decision review hearing conducted by the
					 Division shall be governed by
					 G.S.
					 1A-1, Rule 6.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0120 - AUTHORITY OF PRESIDING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
The Division Hearing Officer shall preside over decision
					 review hearings. The Hearing Officer shall have the duty to conduct a fair
					 hearing, to take all necessary action to avoid delay, and to maintain order. He
					 shall have all powers necessary to these ends, including (but not limited to)
					 the power to:
(1) issue notices,
				  orders and like documents;
(2) rule
				  on motions and other procedural matters pending before him;
(3) administer oaths and
				  affirmations;
(4) receive, rule on,
				  exclude or limit evidence;
(5) fix
				  the time for filing and responding to motions and other documents not otherwise
				  fixed by these Rules;
(6) fix or
				  adjust the date, time and place of hearing;
(7) hold conferences to settle, simplify, or
				  fix the issues in a proceeding, or to consider other matters which may aid in
				  the expeditious disposition of the proceeding;
(8) require parties to state their position
				  with respect to the various issues in the proceeding;
(9) examine witnesses and direct witnesses to
				  testify;
(10) issue final
				  decisions; and
(11) take any action
				  otherwise directly or impliedly authorized by these Rules.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5); 45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0121 - FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
If the Division conducts a hearing as requested by
					 petition, and the matters in dispute are not dispensed with through agreement,
					 dismissal or otherwise prior to the conclusion of the hearing, then the Hearing
					 Officer shall prepare a final written decision within 30 days of the date of
					 hearing and serve copies of the final decision upon the
					 parties.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0122 - APPEALS TO COMMISSIONER ON AGING

Current through Register Vol. 39, No. 2, July 15, 2024
If an applicant under Rule.0103 (b)(3) makes a timely
					 request for hearing with the state Division of Aging, and the Division hears
					 the case and issues a written decision denying the applicant's designation as a
					 planning and service area; then the applicant may appeal the denial to the
					 Commissioner on Aging in Washington, D.C. The appeal must be in writing and
					 must be made within 30 days following receipt of the state's hearing
					 decision.
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0200 - BIDDING AND CONTRACTING › Section 05E .0201 - BIDDING AND CONTRACTING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Service bid, contract, and grant procedures shall be
					 governed by G.S. Chapter 143, Art. 8, where applicable, as well as 42 U.S.C.,
					 Sec. 3001, et. seq., 45 C.F.R. Part 1321, and the procedures contained in 45
					 C.F.R., Part 74, as well as Appendix G of the same Part, more particularly
					 described as OMB Circular A-102. The aforesaid regulations are incorporated
					 herein by reference pursuant to
					 G.S.
					 150B-14(c).
Authority
					 G.S.
					 143B-10;
					 143B-138;
					 143B-181.1;
42
					 U.S.C., Sec. 3021, 3022(1), 3025(c) and 3027(a)(7);
45 C.F.R., Part
					 1321; 45 C.F.R., Part 74, Appendix G;
Eff. October 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0100 - DIVISION OF AGING DESIGNATION AUTHORITY › Section 05F .0101 - PLANNING AND SERVICE AREA AND AREA AGENCIES ON AGING

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Aging shall divide the state into distinct
					 planning and service areas and designate an area agency on aging within each
					 planning and service area.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001; Ex. Order 25, February 21,
					 1986;
Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0100 - DIVISION OF AGING DESIGNATION AUTHORITY › Section 05F .0102 - WITHDRAWAL OF AREA ON AGING DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
Area agency designation may be withdrawn whenever, after
					 reasonable notice and opportunity for a hearing, it is determined that:
(1) An area agency fails to perform mandated
				  functions; or
(2) An area plan or
				  plan amendment is not approved; or
(3) There is substantial failure in the
				  provisions or administration of an approved area plan to comply with any
				  provision of the Older Americans Act, federal regulations, or state rules
				  outlined by the Division; or
(4)
				  Activities of the area agency are inconsistent with the statutory mission
				  prescribed in the Act or conflict with the requirement in the Act that it
				  function only as an area agency on aging.
Authority
					 G.S.
					 143B-181.1(c); 45 C.F.R.
					 Part 132;
Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0200 - PLANNING AND SERVICE AREA AND AREA AGENCY ON AGING REQUIREMENTS › Section 05F .0201 - PLANNING AND SERVICE AREA REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  PSA designated after March 1, 1993 shall have a general population of at least
				  100,000.
(b) PSAs shall contain
				  more than one county and shall be inclusive of all municipalities within the
				  proposed PSA boundary.
(c) PSA
				  designation shall be effective on July 1.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001; Ex. Order 25, February 21,
					 1986;
Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0200 - PLANNING AND SERVICE AREA AND AREA AGENCY ON AGING REQUIREMENTS › Section 05F .0202 - AREA AGENCY ON AGING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  public or private nonprofit agency or organization shall be designated as an
				  area agency on aging by the Division of Aging to serve each planning and
				  service area in the state.
(b) Area
				  agencies on aging shall provide planning and administrative activities and a
				  regional ombudsman program as specified through the Older Americans Act, North
				  Carolina Statutes, and Division of Aging state rules.
(c) Area agency on aging designation shall be
				  effective July 1.
Authority
					 G.S.
					 143B-181.1(c); 143B, Article
					 3, Part 14D; 45 C.F.R. Part 1321;
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0300 - APPLICATION FOR PLANNING SERVICE AREA DESIGNATION AND PRE-HEARING REVIEW › Section 05F .0301 - APPLICATION DUE DATE FOR PLANNING AND SERVICE AREA DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
The application for planning and service area designation
					 shall be received by the Division of Aging no later than August 1 for
					 designation to become effective on July 1 of the following
					 year.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001; Ex. Order 25, February 21,
					 1986;
Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0300 - APPLICATION FOR PLANNING SERVICE AREA DESIGNATION AND PRE-HEARING REVIEW › Section 05F .0302 - APPLICATION CONTENT FOR PLANNING AND SERVICE AREA DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
The application shall provide the following:
(1) Listing of proposed PSA counties and a
				  signed resolution from the Chairman of the Board of Commissioners in each
				  county endorsing the proposed PSA, supporting the proposed area agency on aging
				  arrangement and certifying the availability of local match for AAA
				  federal/state funding.
(2)
				  Identification of the unit of local government, regional planning authority, or
				  Indian reservations responsible for developing the application and individual
				  responsible for coordinating application with the Division.
(3) Narrative discussion which states the
				  necessity of the designation and describes benefits to identified
				  counties.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001; Ex. Order 25, February 21,
					 1986;
Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0300 - APPLICATION FOR PLANNING SERVICE AREA DESIGNATION AND PRE-HEARING REVIEW › Section 05F .0303 - PRE-HEARING REVIEW ON PLANNING AND SERVICE AREA DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division shall provide a copy of the
				  designation application, relevant demographic and funding data and other
				  pertinent information to area agencies whose PSA boundaries would be affected
				  within 10 working days of receipt of the application. Area agencies shall have
				  the opportunity to comment on the application prior to public hearings on PSA
				  designation.
(b) Prior to
				  conducting public hearings on PSA designation the Division shall provide aging
				  interests in each county of PSAs affected by the application with a copy of the
				  application, other information, and data deemed appropriate by the Division.
				  Local aging interests shall have the opportunity to provide written comments to
				  the Division prior to public hearings. Local aging interests shall include the
				  following:
(1) boards of county
				  commissioners;
(2) county
				  managers;
(3) area agency advisory
				  councils;
(4) funded and non-funded
				  aging service providers;
(5) long
				  term care providers and advocacy groups;
(6) senior centers;
(7) local Alzheimer's support organizations
				  and other advocates for older persons and caregivers;
(8) Lead Regional Organization
				  directors;
(9) Joint Regional
				  Forum.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0400 - DIVISION OF AGING PUBLIC HEARINGS ON PLANNING AND SERVICE AREA DESIGNATION › Section 05F .0401 - SCHEDULING OF PUBLIC HEARINGS ON PLANNING/SERVICE AREA DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
Prior to designating PSAs, public hearings shall be held
					 for affected parties. The Division shall schedule hearings in locations which
					 are convenient to each county in affected PSAs so as to encourage full
					 participation by county and regional aging interests. Within no less than 15
					 days prior to the scheduled hearing, the aging interests, as specified in Rule
					 .0303 of this Subchapter, shall be notified in writing with regards to the
					 date, time and location of the public hearing.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001; Ex. Order Number 25, February 21,
					 1986;
Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0400 - DIVISION OF AGING PUBLIC HEARINGS ON PLANNING AND SERVICE AREA DESIGNATION › Section 05F .0402 - PREHEARING REVIEW COMMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall provide a written summary of comments
					 received through the pre-hearing review at the public
					 hearing.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001; Ex. Order 25, February 21,
					 1986;
Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0400 - DIVISION OF AGING PUBLIC HEARINGS ON PLANNING AND SERVICE AREA DESIGNATION › Section 05F .0403 - NOTIFICATION OF DECISION ON PLANNING AND SERVICE AREA DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
Comments received through the pre-hearing review and public
					 hearings shall be considered in reaching a PSA designation decision. Upon
					 consultation with the Department of Health and Human Services, the Division
					 will issue a decision and notify affected area agencies and aging interests
					 specified in Rule.0303 of this Subchapter in writing. The Division will provide
					 the Administration on Aging with written notification of designation
					 decisions.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001; Ex. Order 25, February 21,
					 1986;
Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0400 - DIVISION OF AGING PUBLIC HEARINGS ON PLANNING AND SERVICE AREA DESIGNATION › Section 05F .0404 - PLANNING/SERVICE AREA DESIGNATION INITIATED BY THE DIVISION OF AGING

Current through Register Vol. 39, No. 2, July 15, 2024
If PSA designation is initiated by the Division, the
					 Division shall provide for pre-hearing reviews and public hearings by
					 distributing a plan for proposed PSA designation and other pertinent
					 information and data to affected area agencies and local aging interests
					 specified in Rule.0303 of this Subchapter and scheduling public hearings as
					 specified in Rule.0401 of this Subchapter. PSA designation will be initiated by
					 the Division if:
(1) With input from
				  the Department of Health and Human Services and others, the Division determines
				  that reconfiguration of PSAs is necessary for the State and area agencies to
				  effectively carry out responsibilities mandated through the Older Americans
				  Act.
(2) A county or counties in a
				  PSA affected by withdrawal of AAA designation propose to join another PSA, as
				  discussed in Rule.0706 of this Subchapter.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001; Ex. Order 25, February 21,
					 1986;
Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0500 - APPLICATION FOR AREA AGENCY ON AGING DESIGNATION AND PRE-HEARING REVIEW › Section 05F .0501 - AREA AGENCY ON AGING DESIGNATION CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Area agency on aging designation shall occur after the Division has issued a
				  decision on PSA designation, as specified in Rule.0403 of this
				  Subchapter.
(b) The unit of general
				  purpose local government, regional planning authority or Indian reservation
				  responsible for development of the PSA designation application shall be
				  responsible for completing the application for area agency on aging structure
				  and submitting it to the Division.
(c) If PSA designation is initiated by the
				  Division of Aging, the Division shall receive input from the chairman of the
				  board of commissioners in each county of the PSA prior to designating an area
				  agency on aging.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0500 - APPLICATION FOR AREA AGENCY ON AGING DESIGNATION AND PRE-HEARING REVIEW › Section 05F .0502 - APPLICATION CONTENT FOR AREA AGENCY ON AGING DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Aging will provide a format which addresses
					 the following:
(1) Name of proposed
				  area agency organization, if possible.
(2) Description of area agency methodology,
				  including staffing responsibilities, to meet federal and state requirements
				  which include the following:
(a) Working with
				  elected officials to establish one or more focal points on aging in each
				  county.
(b) Establishing an area
				  agency advisory council for the purpose of carrying out advisory functions
				  which further the area agency's mission of developing and coordinating a
				  community-based services system for all older adults in the PSA.
(c) Developing an area plan following
				  procedures specified by the Division of Aging and conducting a public
				  hearing(s) on the plan prior to submission to the Division.
(d) Serving as a public advocate for the
				  development or enhancement of community based service systems through the
				  coordination of plans and activities with public and private agencies and
				  organizations and providing leadership in assisting counties in the targeting
				  of resources to meet the needs of older adults with the greatest economic or
				  social needs, with particular attention to low income minorities.
(e) Monitoring community service providers as
				  specified in the Home and Community Care Block Grant County agreement
				  assessment format.
(f) Providing
				  Home and Community Care Block Grant management information system and services
				  reimbursement functions as specified in the Home and Community Care Block Grant
				  Manual for Community Service Providers.
(g) Administering a regional ombudsman
				  program, as required in G.S. 143B, Part 14D. The proposal shall describe how
				  functions specified in
				  G.S.
				  143B-181.19 will be carried out.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0500 - APPLICATION FOR AREA AGENCY ON AGING DESIGNATION AND PRE-HEARING REVIEW › Section 05F .0503 - PRE-HEARING REVIEW ON AREA AGENCY ON AGING DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
Within no less than 15 days prior to conducting public
					 hearing on AAA designation, the Division shall provide area agencies on aging
					 and local aging interests who are affected by the PSA designation decision with
					 a copy of the proposed area agency structure format. These area agencies and
					 local aging interests shall have the opportunity to comment on the proposed
					 structure prior to public hearings. Local aging interests are identified in
					 Rule.0303 of this Subchapter.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0600 - DIVISION OF AGING PUBLIC HEARINGS ON AREA AGENCY ON AGING DESIGNATION › Section 05F .0601 - SCHEDULING OF PUBLIC HEARINGS ON AREA AGENCY ON AGING DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
Prior to designating AAAs, the Division shall conduct
					 public hearings. The Division shall schedule hearings which are convenient to
					 each county in affected PSAs. Within no less than 15 days prior to the
					 scheduled hearing, the aging interests, as specified in Rule.0303 of this
					 Subchapter, shall be notified in writing with regards to the date, time and
					 location of the public hearing.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0600 - DIVISION OF AGING PUBLIC HEARINGS ON AREA AGENCY ON AGING DESIGNATION › Section 05F .0602 - PREHEARING REVIEW COMMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall provide a written summary of comments
					 received through the pre-hearing review at the public
					 hearings.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0600 - DIVISION OF AGING PUBLIC HEARINGS ON AREA AGENCY ON AGING DESIGNATION › Section 05F .0603 - NOTIFICATION OF DECISION ON AREA AGENCY ON AGING DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
Comments received through the pre-hearing review and public
					 hearings shall be considered in reaching an AAA designation decision. Upon
					 consultation with the Department of Health and Human Services, the Division
					 will issue a decision and notify affected area agencies and aging interests
					 listed in Rule.0303 of this Subchapter.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0700 - WITHHOLDING AREA FUNDS OR WITHDRAWING AREA AGENCY ON AGING DESIGNATION › Section 05F .0701 - NOTIFICATION OF IMPENDING ACTION TO WITHHOLD AREA FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Within no less than 15 days prior to withholding funds the
					 Division of Aging shall provide the area agency notification of the impending
					 action via certified mail. The notification shall contain the following:
(1) Reasons for initiating the withholding of
				  funds.
(2) Date that funds will be
				  withheld, pending request for public hearing.
(3) Opportunity for requesting, in writing, a
				  public hearing concerning the impending action. Such request shall be within
				  five days of receiving the notice.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0700 - WITHHOLDING AREA FUNDS OR WITHDRAWING AREA AGENCY ON AGING DESIGNATION › Section 05F .0702 - PUBLIC HEARING/WITHHOLDING AREA FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
If the area agency requests a hearing, the Division shall,
					 within 10 days of receipt of the request, schedule a public hearing in the
					 affected PSA and notify the area agency on aging and local aging interests
					 specified in Rule.0303 of this Subchapter.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0700 - WITHHOLDING AREA FUNDS OR WITHDRAWING AREA AGENCY ON AGING DESIGNATION › Section 05F .0703 - DECISION ON WITHHOLDING AREA FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Comments received through any public hearing shall be
					 considered by the Division in reaching a final decision. An area agency may
					 appeal the Division's decision to withhold funding as specified in Rule.0801 of
					 this Subchapter.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0700 - WITHHOLDING AREA FUNDS OR WITHDRAWING AREA AGENCY ON AGING DESIGNATION › Section 05F .0704 - NOTICE/IMPENDING ACTION/WITHDRAW AREA AGENCY ON AGING DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
An area agency shall be notified via certified mail no less
					 than 30 days prior to withdrawing area agency designation.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0700 - WITHHOLDING AREA FUNDS OR WITHDRAWING AREA AGENCY ON AGING DESIGNATION › Section 05F .0705 - PUBLIC HEARING/WITHDRAWAL OF AREA AGENCY ON AGING DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
Upon determination of cause for withdrawing area agency on
					 aging designation, as specified in Rule.0102 of this Subchapter, a public
					 hearing shall be scheduled and conducted within the planning and service area
					 of the area agency on aging. Within no less than 15 days prior to the scheduled
					 hearing, the aging interests, as specified in Rule.0303 of this Subchapter,
					 shall be notified in writing with regards to the date, time, and place of the
					 public hearing.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0700 - WITHHOLDING AREA FUNDS OR WITHDRAWING AREA AGENCY ON AGING DESIGNATION › Section 05F .0706 - NOTIFICATION OF DECISION TO WITHDRAW AREA AGENCY DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Comments received through the public
				  hearing shall be considered in reaching a decision. Upon consultation with the
				  Department of Health and Human Services, the Division will issue a decision as
				  to whether or not to withdraw AAA designation. The area agency on aging and
				  local aging interests, as specified in Rule.0303 in this Subchapter, shall be
				  notified in writing of the Division's decision. An area agency may appeal the
				  Division's decision to withdraw area agency on aging designation, as specified
				  in Rule.0801 of this Subchapter.
(b) If AAA designation is withdrawn, the
				  Division shall meet with the chairman of the board of commissioners in each
				  county of the PSA. Based upon the decision of the counties, the Division will
				  initiate the designation of one or more PSAs or initiate the designation of an
				  area agency on aging.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0800 - APPEAL OF DIVISION OF AGING DECISION › Section 05F .0801 - CONTESTED CASE

Current through Register Vol. 39, No. 2, July 15, 2024
Area agencies whose funding has been withheld; area
					 agencies whose designation has been withdrawn; area agencies on aging and other
					 parties adversely affected by a Division of Aging PSA designation decision; or
					 a public agency or private non-profit organization whose application for AAA
					 designation is disapproved by the Division of Aging may petition the Office of
					 Administrative Hearings for a contested case hearing. Provisions for contested
					 case hearings are specified in G.S. 150B, Article 3.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0800 - APPEAL OF DIVISION OF AGING DECISION › Section 05F .0802 - APPEAL TO COMMISSIONER ON AGING

Current through Register Vol. 39, No. 2, July 15, 2024
An area agency on aging whose designation has been
					 withdrawn or parties who are adversely affected by a Division of Aging PSA
					 designation decision and who are aggrieved by the final decision in a contested
					 case may appeal the decision to the Commissioner on Aging within 30 days
					 following the receipt of the state's decision in lieu of filing a petition for
					 judicial review in state superior court.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter F - PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION › Section .0800 - APPEAL OF DIVISION OF AGING DECISION › Section 05F .0803 - JUDICIAL REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
Area agencies whose funding has been withheld or a public
					 agency or private non-profit organization whose application for AAA designation
					 is disapproved by the Division of Aging and are aggrieved by the final decision
					 in a contested case may file a petition for judicial review, as provided in
					 G.S. 150B, Article 4.
Authority
					 G.S.
					 143B-181.1(c);
					 42 U.S.C.
					 3001;
Eff. November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter G - HOME AND COMMUNITY CARE BLOCK GRANT FOR OLDER ADULTS › Section .0100 - ALLOCATION OF BLOCK GRANT FUNDS › Section 05G .0101 - ALLOCATION/BLOCK GRANT FUNDING/AREA AGENCIES ON AGING

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Aging shall annually allocate Block Grant
					 funding to Area Agencies on Aging as specified in Subchapter 22C Rule.0404 of
					 this Chapter and Chapter 1095, Section 4, 1988 Session Laws.
Authority
					 G.S.
					 143B-181.1(a)(11);
					 143B-181.1(c);
					 42 U.S.C.
					 3000 et seg;
Eff. August 3,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter G - HOME AND COMMUNITY CARE BLOCK GRANT FOR OLDER ADULTS › Section .0200 - BASIS FOR GRANTING BLOCK GRANT FUNDS TO COUNTIES › Section 05G .0201 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "County Block
				  Grant Advisory Committee" means a committee, appointed annually by the Board of
				  County Commissioners, that represents a broad range of aging interest in the
				  county. The committee serves to build local consensus for the County Funding
				  Plan and to function as a resource for the County Lead Agency for Planning and
				  Coordination by obtaining input from service provider interests, and older
				  consumers and their families. A representative of the Area Agency on Aging
				  shall be appointed to the committee when the Area Agency on Aging is not
				  designated as the County Lead Agency for Planning and Coordination, as
				  specified in
				  10A NCAC
				  05G .0201(c).
(b) "County Funding Plan" means the format
				  developed by the Division of Aging in which counties identify the County Lead
				  Agency for Planning and Coordination, service providers, services, and
				  budgetary data for the provision of Home and Community Care Block Grant for
				  Older Adults services in the county during the State Fiscal Year.
(c) "County Lead Agency for Planning and
				  Coordination" means a public or private non-private agency or office which is
				  designated annually by the Board of County Commissioners for the purpose of
				  developing the County Funding Plan for the provision of services through the
				  Block Grant. County Funding Plan development responsibilities include directing
				  the work of the County Block Grant Advisory Committee, facilitating a public
				  hearing for the County Funding Plan prior to submission to the Chairman of the
				  Board of Commissioners, and ensuring that the approved County Funding Plan
				  meets all requirements as specified by the Division of Aging prior to
				  submission for approval to the Area Agency on Aging.
Authority
					 G.S.
					 143B-181.1(a)(11);
					 143B-181.1(c);
Eff. August 3, 1992;
Amended Eff. May 1, 1995;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter G - HOME AND COMMUNITY CARE BLOCK GRANT FOR OLDER ADULTS › Section .0200 - BASIS FOR GRANTING BLOCK GRANT FUNDS TO COUNTIES › Section 05G .0202 - COUNTY FUNDING PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The County Lead
				  Agency for Planning and Coordination shall provide the County Budget Officer
				  with a preliminary County Funding Plan which, at a minimum, specifies Home and
				  Community Care Block Grant for Older Adults services, funding levels, and
				  required local matching amounts by April 30 of each year.
(b) Area Agencies on Aging shall grant Home
				  and Community Care Block Grant for Older Adults funding to Counties on the
				  basis of the recommended County Funding Plan that has been submitted by the
				  Chairman of the Board of Commissioners. Area Agencies on Aging shall receive
				  the County Funding Plan and upon approval shall grant funding to County on the
				  basis of the Plan. Area Agency on Aging approval shall be based on the
				  following criteria:
(1) Allocated minimum
				  budget amounts have been met or agree with minimum budget amounts negotiated by
				  the Area Agency on Aging or authorized by the Division of Aging.
(2) The total county Block Grant allocation
				  is utilized and not exceeded.
(3)
				  Funding Plan documents are accurate and complete, including signatures and
				  dates.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter G - HOME AND COMMUNITY CARE BLOCK GRANT FOR OLDER ADULTS › Section .0200 - BASIS FOR GRANTING BLOCK GRANT FUNDS TO COUNTIES › Section 05G .0203 - PUBLIC HEARING FOR COUNTY FUNDING PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  With the participation of the County Block Grant Advisory Committee, the County
				  Lead Agency for Planning and Coordination shall hold a public hearing on the
				  proposed County Funding Plan prior to approval by the Chairman of the County
				  Board of Commissioners.
(b) The
				  hearing shall be publicized in a manner that encourages public participation
				  and comments received at the hearing will be given consideration in finalizing
				  the County Funding Plan.
(c)
				  Minutes of the public hearing shall be provided with the County Funding
				  Plan.
(d) The public hearing shall
				  be conducted prior to June 30 of each year.
Authority
					 G.S.
					 143B-181.1(a)(11);
					 143B-181.1(c);
Eff. August 3, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter G - HOME AND COMMUNITY CARE BLOCK GRANT FOR OLDER ADULTS › Section .0300 - PRIORITY FOR THE RECEIPT OF BLOCK GRANT SERVICES › Section 05G .0301 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Subchapter, the following terms shall have
					 the meaning specified:
(1) "Activities
				  of daily living" means functions which include: eating; dressing; bathing;
				  toileting; bowel and bladder control; transfers; ambulation; and communication;
				  such as speaking; writing; signing and communication devices.
(2) "Abuse" means:
(a) The willful: infliction of injury;
				  unreasonable confinement; or intimidation; or
(b) Punishment with resulting harm, pain, or
				  mental anguish; or
(c) Deprivation
				  by a caregiver of goods or services which are necessary to avoid physical harm,
				  mental anguish, or mental illness.