reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0400 - CLIENT ELIGIBILITY › Section 27H .0402 - SCREENING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The governing
				  body of each component shall develop written policies establishing a systematic
				  means of screening each individual at initial contact by interviewing the
				  individual to determine the individual's need for services.
(b) The policy shall designate who is deemed
				  qualified to make screening determinations.
Authority
					 G.S.
					 143B-147;
Eff. July 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0400 - CLIENT ELIGIBILITY › Section 27H .0403 - SERVICE PURPOSE AND ELIGIBILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The governing body shall develop and implement written
					 policies that address the purpose for each service provided and the client
					 eligibility requirements.
Authority
					 G.S.
					 143B-147;
Eff. July 1,
					 1984;
Amended Eff. November 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0400 - CLIENT ELIGIBILITY › Section 27H .0404 - CROSS REFERENCE TO CLIENT FEE FOR SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
The governing body of each component not subject to
					 licensure under G.S. 122C, Article 2 shall comply with the provisions of
					 10A NCAC
					 27G .0201.
Authority
					 G.S.
					 122C-146;
					 143B-147;
Eff. July
					 1, 1984;
Amended Eff. July 1, 1989; October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0400 - CLIENT ELIGIBILITY › Section 27H .0405 - GEOGRAPHICAL AREA

Current through Register Vol. 39, No. 2, July 15, 2024
The governing body of each component shall develop written
					 policies specifying the geographical areas from which individuals will be
					 admitted.
Authority
					 G.S.
					 143B-147;
Eff. July 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0400 - CLIENT ELIGIBILITY › Section 27H .0406 - WAITING LISTS

Current through Register Vol. 39, No. 2, July 15, 2024
The governing body of each component shall develop written
					 policies concerning waiting lists.
Authority
					 G.S.
					 143B-147;
Eff. July 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0400 - CLIENT ELIGIBILITY › Section 27H .0407 - EXPLANATION OF PROGRAM RULES AND POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
Each component shall make its client eligibility rules and
					 policies available for review by potential clients, families or other
					 interested individuals or agencies.
Authority
					 G.S.
					 143B-147;
Eff. July 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0500 - SURROGATE PARENTS FOR INFANTS AND TODDLERS IN EARLY INTERVENTION SERVICES › Section 27H .0501-.0506 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-147;
					 20 U.S.C. Sections
					 1401 et. seq., 1471 et. seq;
Eff.
					 March 1, 1995;
Expired Eff. April 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0600 - CONTINUITY OF CARE › Section 27H .0601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Subchapter apply to the Department of
					 Health and Human Services, Division of Mental Health, Developmental
					 Disabilities and Substance Abuse Services, and to area mental health, mental
					 retardation and substance abuse authorities as relates to their activities in
					 behalf of a person with mental retardation who seeks residential placement in
					 an alternative facility if the person is in need of placement and if the
					 original facility can no longer provide care or treatment.
Authority
					 G.S.
					 122C-54;
					 122C-132;
					 122C-143;
					 122C-147;
					 122C-207;
143B-147;
Eff. October 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0600 - CONTINUITY OF CARE › Section 27H .0602 - EXPLANATION OF TERMS

Current through Register Vol. 39, No. 2, July 15, 2024
For the rules contained in this Subchapter, the following
					 terms apply:
(1) "Area Authority"
				  means the governing unit authorized by the Commission for Mental Health,
				  Developmental Disabilities and Substance Abuse Services and by the Division and
				  delegated the authority to serve as the comprehensive planning, budgeting,
				  implementing and monitoring body for community-based mental health, mental
				  retardation and substance abuse programs.
(2) "Continuity of Care" means the provision
				  or arrangement of an alternative residential placement for a person with mental
				  retardation.
(3) "Continuity of
				  Care Client" means a person with mental retardation who seeks alternative
				  residential placement when the original residential care or treatment facility
				  can no longer provide care or treatment and who is in need of residential
				  placement.
(4) "Division" means the
				  Division of Mental Health, Developmental Disabilities and Substance Abuse
				  Services of the Department of Human Resources.
(5) "In Need of Residential Placement" means
				  a determination of client need resulting from a client assessment. In
				  determining the need for residential placement, the assessment shall consider
				  the request for residential service by the parent or guardian of a continuity
				  of care client who is a minor or an adjudicated incompetent adult or by the
				  continuity of care client if he is a competent adult.
(6) "Mental Retardation" means significantly
				  subaverage (i.e. two or more standard deviations below the mean) general
				  intellectual functioning existing concurrently with deficits in adaptive
				  behavior and manifested during the developmental period (i.e., before age
				  18).
(7) "Original Residential Care
				  or Treatment Facility" means a 24-hour residential facility, operated under the
				  authority of Chapter 122C of the General Statutes of North Carolina and
				  supported all or in part by state appropriated funds, which most recently
				  admitted the continuity of care client for residential care or treatment other
				  than respite or emergency care.
Authority
					 G.S.
					 122C-63;
					 122C-132;
					 122C-143;
					 122C-147;
					 143B-147;
Eff.
					 October 1, 1983;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0600 - CONTINUITY OF CARE › Section 27H .0603 - GENERAL RESPONSIBILITIES OF AREA AUTHORITY AND DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
The assurance of continuity of care is a joint
					 responsibility of the Division and the area authority serving the continuity of
					 care client. Procedural implementation of continuity of care shall be
					 consistent with the annual plan and budget of the area authority and procedures
					 and regulations of the Division, including, but need not be limited to:
(1) "Rules for Mental Health, Developmental
				  Disabilities and Substance Abuse Facilities and Services" as codified in
				  10A NCAC
				  27G (division publication APSM 30-1);
				  and
(2) the Division's accounting
				  rules as codified in
				  10A NCAC
				  27A Sections .0100 and .0200 and
				  10A NCAC
				  27A .0221 (division publication APSM
				  75-1).
Authority
					 G.S.
					 122C-63;
					 122C-132;
					 122C-143;
					 122C-147;
					 143B-147;
Eff.
					 October 1, 1983;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0600 - CONTINUITY OF CARE › Section 27H .0604 - PROGRAMMATIC RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  area authority shall be responsible for coordinating the provision or
				  arrangement of an alternative residential placement for a continuity of care
				  client. Its programmatic responsibilities shall be as follows:
(1) The area authority which serves the
				  county of residence of the continuity of care client shall be responsible for
				  coordinating the provision or arrangement of an alternative residential
				  placement for the continuity of care client.
(2) When staff of the area authority has
				  knowledge that a potential continuity of care client's placement will be
				  terminated, the area authority shall conduct or secure a client assessment
				  indicating the continued need of the client for residential placement. This
				  assessment shall be conducted within ten working days from the date that staff
				  of the area authority has knowledge that placement will be terminated. If the
				  assessment indicates that the client is in need of residential placement for
				  the purpose of care, treatment or habilitation, the area authority shall
				  provide or arrange such residential placement.
(3) When an alternative residential placement
				  is needed for a continuity of care client, the area authority shall make
				  referrals to and process applications for admission to alternative residential
				  facilities, including residential facilities operated or contracted by the area
				  authority, facilities in other locations, and state-operated
				  facilities.
(4) As needed, the area
				  authority shall request the assistance of the Division in the identification of
				  potential residential placements for the continuity of care client.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0600 - CONTINUITY OF CARE › Section 27H .0605 - BUDGETARY RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  area authority shall be responsible for coordinating the provision or
				  arrangement of an alternative residential placement for a continuity of care
				  client. Its budgetary responsibilities shall be as follows:
(1) Prior to the adoption of the area
				  program's annual plan and budget, the area authority shall assess if any
				  proposed budget action will potentially result in discontinuation of an area
				  operated or contracted residential placement for a mentally retarded
				  person.
(2) When the proposed area
				  annual plan and budget, other budgetary actions of the area authority, or
				  circumstances not within the control of an area authority actually or
				  potentially result in the discontinuation of a residential placement for a
				  person with mental retardation, the area authority shall ascertain its ability
				  to provide financial resources to maintain the operation of the original
				  facility or to effect an alternative residential placement for the continuity
				  of care client. If such financial resources are available, the area authority
				  shall allocate such financial resources in accordance with its existing
				  policies and practices.
(3) When
				  the area authority ascertains that it does not have financial resources within
				  its budgetary control to maintain the operation of the original facility or to
				  effect an alternative residential placement, the area authority shall request
				  financial assistance for such purposes from the Division. The request shall
				  identify alternative placements that have been attempted, indicate that
				  financial resources for the support of the residential placement are not
				  available within the area authority's budget, and specify the amount of
				  financial assistance requested.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0600 - CONTINUITY OF CARE › Section 27H .0606 - DOCUMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Division and area authority shall clearly document in
					 writing all programmatic and budgetary actions related to a continuity of care
					 client.
Authority
					 G.S.
					 122C-54;
					 122C-132;
					 122C-143;
					 122C-147;
					 122C-207;
					 143B-147;
Eff.
					 October 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0600 - CONTINUITY OF CARE › Section 27H .0607 - APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
Appeals from the area authority related to the Division's
					 implementation of continuity of care shall be made in accordance with
					 provisions of
					 10A NCAC
					 26A .0200; CONTESTED CASES (division
					 publication APSR 10-2).
Authority
					 G.S.
					 122C-54;
					 122C-132;
					 122C-143;
					 122C-147;
					 122C-207;
					 143B-147;
Eff.
					 October 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0100 - (RESERVED) › Section 27I .0101 - RESERVED FOR FUTURE CODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0200 - (RESERVED) › Section 271 .0201 - RESERVED FOR FUTURE CODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0300 - (RESERVED) › Section 271 .0301 - RESERVED FOR FUTURE CODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0400 - SECRETARY APPROVAL OF LME SERVICE DELIVERY › Section 27I .0401 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section governs the procedures for
				  Local Management Entities (LME) to seek approval from the Secretary to directly
				  deliver mental health, developmental disabilities and substance abuse
				  services.
(b) These Rules are
				  applicable to all LMEs seeking approval to directly deliver any of the services
				  set forth in the Division of Medical Assistance (DMA) Clinical Policy Numbers
				  8A, 8C, 8D1 and 8D2 including subsequent amendments and editions, services
				  under the CAP-MR/DD waiver as approved by the Centers for Medicare and Medicaid
				  Services, and state funded only services. Copies of Clinical Policy Numbers 8A,
				  8C, 8D1 and 8D2 are available at no cost from the DMA website at
				  http://www.ncdhhs.gov/dma/. Copies of the CAP-MR/DD waiver and the service
				  definitions for state funded only services are available at no cost from the
				  Division of Mental Health, Developmental Disabilities and Substance Abuse
				  Services website at http://www.ncdhhs.gov/dmhddsas/.
Authority
					 G.S.
					 122C-112.1(a)(26);
Eff. July 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0400 - SECRETARY APPROVAL OF LME SERVICE DELIVERY › Section 27I .0402 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in the rules of this Section, the following terms
					 have the meanings specified:
(1)
				  "Local Management Entity (LME)" means the same as defined in
				  G.S.
				  122C-3(20b).
(2) "Request for Application (RFA)" means a
				  procurement strategy through which a LME solicits applications from public and
				  private providers of mental health, developmental disabilities, and substance
				  abuse services to provide one or more specific service(s) to clients in the
				  LME's catchment area.
(3) "Request
				  for Information (RFI)" means a procurement strategy through which a LME
				  solicits information from public and private providers of mental health,
				  developmental disabilities and substance abuse services regarding the
				  providers' interest in providing one or more specific services to clients in
				  the LME's catchment area.
(4)
				  "Request for Proposal (RFP)" means a procurement strategy through which a LME
				  solicits proposals from public and private providers of mental health,
				  developmental disabilities and substance abuse services interested in providing
				  one or more specific services to clients in the LME's catchment area.
Authority
					 G.S.
					 122C-112.1(a)(26);
Eff. July 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0400 - SECRETARY APPROVAL OF LME SERVICE DELIVERY › Section 27I .0403 - INFORMATION INCLUDED IN REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
A LME seeking approval from the Secretary to directly
					 deliver services in accordance with the rules of this section shall submit the
					 following information:
(1) the name(s)
				  of the service(s) for which approval is sought;
(2) the period of time for which approval is
				  sought;
(3) the number of existing
				  providers in the catchment area, by service, and the number of clients existing
				  providers have the capacity to serve, for any service for which approval is
				  sought;
(4) the estimated number of
				  clients in the catchment area or relevant geographic territory, if the LME is
				  requesting to deliver services in only a portion of the catchment area, in need
				  of the service for which approval is sought and the estimated number of clients
				  to be served directly by the LME and the estimated number of clients to be
				  served by the providers;
(5)
				  information on the actions the LME has taken to seek to attract sufficient
				  numbers of providers for the service for which approval is sought to the
				  catchment area such that it is not necessary for the LME to directly deliver
				  services, including copies of Request for Application (RFA), Request for
				  Information (RFI) and Request for Proposals (RFP), copies of all applications,
				  information and proposals received in response to such activities, and the
				  number of providers attracted through such efforts;
(6) a description of the LME's organizational
				  structure detailing how service delivery staff and staff performing LME
				  functions are separately managed;
(7) a description of how clients will be
				  given a choice of service provider for the service(s) for which approval is
				  sought;
(8) documentation that the
				  LME Board has approved the LME's request to deliver services; and
(9) documentation that the local Consumer and
				  Family Advisory Committee (CFAC) has approved the LME's request to deliver
				  services.
Authority
					 G.S.
					 122C-112.1(a)(26);
Eff. July 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0400 - SECRETARY APPROVAL OF LME SERVICE DELIVERY › Section 27I .0404 - PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A LME seeking
				  approval to directly deliver services shall submit a request in writing
				  containing all required information at least 60 days in advance of the date on
				  which the LME wishes to begin service delivery or the expiration date of a
				  previous approval if the LME wishes to continue service delivery.
(b) The request shall be submitted to the
				  Division of Mental Health, Developmental Disabilities and Substance Abuse
				  Services (DMH/DD/SAS), 3001 Mail Service Center, Raleigh, NC
				  27699-3001.
(c) The Director of
				  DMH/DD/SAS or designee shall review the submitted documentation and request
				  additional information, if necessary. If the service the LME wishes to deliver
				  is a Medicaid payable service, DMH/DD/SAS shall also consult with the Division
				  of Medical Assistance.
(d) The
				  Secretary shall make a decision regarding the request within 15 business days
				  of receipt of the recommendation from the Director of DMH/DD/SAS or
				  designee.
(e) The Secretary's
				  decision shall be based upon the following:
(1) access;
(2) availability of qualified public or
				  private providers;
(3) client
				  choice; and
(4) fair
				  competition.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0500 - CONTENT, FORMAT, SUBMISSION, REVIEW AND APPROVAL OF LOCAL MANAGEMENT ENTITY BUSINESS PLAN › Section 27I .0501 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The requirements of this Section shall
				  govern the content, format, submission, review and approval of an LME business
				  plan as set forth in
				  G.S.
				  122C-115.2.
(b) The LME business plan shall be in effect
				  for at least three State fiscal years.
Authority
					 G.S.
					 122C-112.1(a)(4)(5);
					 122C-115.2;
Eff.
					 July 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0500 - CONTENT, FORMAT, SUBMISSION, REVIEW AND APPROVAL OF LOCAL MANAGEMENT ENTITY BUSINESS PLAN › Section 27I .0502 - LME BUSINESS PLAN CONTENT AND FORMAT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  plan shall be divided into chapters that correspond to the administrative
				  functions carried out by the LME. The chapters shall address administrative
				  functions including:
(1) governance or
				  administration;
(2) provider
				  relations;
(3) service
				  management;
(4) quality
				  management;
(5) consumer affairs;
				  and
(6) business and information
				  management.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0500 - CONTENT, FORMAT, SUBMISSION, REVIEW AND APPROVAL OF LOCAL MANAGEMENT ENTITY BUSINESS PLAN › Section 27I .0503 - LME BUSINESS PLAN SIGNATURE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  LME business plan shall include the signatures of the individuals named as
				  follows:
(1) director of the area authority
				  or county program;
(2) board
				  chairman indicating approval by the area authority or county program board of
				  directors;
(3) chairperson(s) of
				  each board of county commissioners in the catchment area of the area authority
				  or county programs; and
(4)
				  chairperson of the area authority or county program consumer and family
				  advisory committee (CFAC).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0500 - CONTENT, FORMAT, SUBMISSION, REVIEW AND APPROVAL OF LOCAL MANAGEMENT ENTITY BUSINESS PLAN › Section 27I .0504 - PLAN OF CORRECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a LME
				  fails to meet the requirements as set forth in this Section, the LME shall
				  submit a plan of correction to the Division of Mental Health, Developmental
				  Disabilities and Substance Abuse Services. The Department of Health and Human
				  Services may withhold administrative funding from an LME that does not submit a
				  plan of correction.
(b) The
				  Division of Mental Health, Developmental Disabilities and Substance Abuse
				  Services shall conduct the following activities:
(1) review the plan of correction;
(2) evaluate the information submitted;
				  and
(3) conduct follow-up onsite
				  reviews when required to verify information submitted by a LME.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0600 - NON-MEDICAID APPEAL PROCESS › Section 27I .0601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules of this Section shall govern
				  appeals made to the Division of decisions made by an area authority or county
				  program affecting a non-Medicaid eligible client.
(b) A non-Medicaid eligible client, or the
				  client's legally responsible person, may appeal to the Division Director the
				  clinical review decision of an LME-MCO, area authority or county program to
				  deny, reduce, suspend, or terminate a non- Medicaid state funded
				  service.
(c) Nothing in these Rules
				  shall be interpreted as granting a non- Medicaid eligible client the right to
				  appeal decisions of third party payers to the Division.
(d) Non-Medicaid services shall be provided
				  in accordance with
				  G.S.
				  122C-2. As set forth in
				  G.S.
				  143B-147(a)(9), nothing in
				  these Rules shall be interpreted as granting a non-Medicaid eligible client the
				  right to appeal the findings of the Division by requesting a contested case
				  hearing pursuant to G.S. 150B.
(e)
				  There shall be no reprisal or retaliation to anyone who is a party to an
				  appeal.
(f) The LME-MCO, area
				  authority or county program may authorize interim services until the final
				  written decision as set forth in Rule .0609 of this Section is
				  reached.
Authority
					 G.S.
					 143B-147;
Eff. October 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0600 - NON-MEDICAID APPEAL PROCESS › Section 27I .0602 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in the rules in this Section, the following terms
					 shall have the meanings specified:
(1)
				  "Director" means the Director of the Division of Mental Health, Developmental
				  Disabilities and Substance Use Services.
(2) "Division" means the Division of Mental
				  Health, Developmental Disabilities and Substance Use Services.
(3) "Legally Responsible Person" means the
				  same as defined in
				  G.S.
				  122C-3.
(4) "Within Available Resources" means the
				  same as defined in
				  G.S.
				  122C-2.
Authority
					 G.S.
					 143B-147;
Eff. October 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0600 - NON-MEDICAID APPEAL PROCESS › Section 27I .0603 - FILING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An appeal shall
				  be filed with the Division no later than 11 calendar days from the date of the
				  area authority or county program written review decision.
(b) The appeal shall include a copy of the
				  area authority or county program review decision and a request for appeal on a
				  form provided by the Division.
(c)
				  A verbal appeal shall not be accepted.
Authority
					 G.S.
					 143B-147;
Eff. October 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0600 - NON-MEDICAID APPEAL PROCESS › Section 27I .0604 - CHANGE IN CLIENT CONDITION

Current through Register Vol. 39, No. 2, July 15, 2024
If the client's medical condition changes relative to the
					 service under appeal, the appeal shall be returned to the area authority or
					 county program for review.
Authority
					 G.S.
					 143B-147;
Eff. October 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0600 - NON-MEDICAID APPEAL PROCESS › Section 27I .0605 - DIVISION'S INITIAL RESPONSE TO A NON-MEDICAID APPEAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Director shall screen the request for appeal to the Division to determine:
(1) if the appeal was reviewed by the
				  LME-MCO, area authority or county program according to the area authority or
				  county program policy and procedures;
(2) if the appeal includes the denial,
				  reduction, suspension or termination of a non-Medicaid state funded
				  service;
(3) if the appeal falls
				  within the scope of Rule .0601 of this Section; and
(4) if the appeal was filed in accordance
				  with the requirements of Rule .0603 of this Section.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0600 - NON-MEDICAID APPEAL PROCESS › Section 27I .0606 - HEARING SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director
				  shall ensure the Hearing Officer conducts an appeal that is accepted in
				  accordance with the requirements of Rule .0605 of this Section.
(b) The Hearing Officer shall be an employee
				  of the Division.
(c) The Director
				  shall forward the record on appeal and all supplemental documentation to the
				  Hearing Officer within five calendar days of receipt thereof.
(d) The Director shall provide a copy of
				  applicable law and rules to the Hearing Officer.
(e) The Hearing Officer shall schedule a
				  hearing including designation of a time and place.
(f) The Hearing Officer shall notify the
				  client, or the client's legally responsible person, and the area authority or
				  county program of the time and place no less than 15 calendar days prior to the
				  date of the hearing.
(g) The
				  hearing may be conducted in person or virtually taking into account reasonable
				  accommodations, including but not limited to, the following:
(1) compliance with HIPAA
				  requirements;
(2) accommodation
				  needs of the client; and
(3) State
				  mandated travel restrictions.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0600 - NON-MEDICAID APPEAL PROCESS › Section 27I .0607 - HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Hearing
				  Officer:
(1) shall convene the hearing at the
				  prearranged time and place;
(2) may
				  afford the opportunity for rebuttal and summary comments to either of the
				  presenting parties; and
(3) shall
				  conduct proceedings in an orderly manner.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0600 - NON-MEDICAID APPEAL PROCESS › Section 27I .0608 - HEARING OFFICER FINDINGS AND DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Hearing Officer's findings and decisions are based on the record and any new
				  evidence that would be material to the issues on appeal.
(b) The standard of review for the Hearing
				  Officer is whether the decision of the LME-MCO, area authority or county
				  program is supported by the evidence presented.
(c) The Hearing Officer shall consider all
				  issues under appeal.
(d) Any
				  decision may be rescheduled for a subsequent meeting if the Hearing Officer
				  determines that he or she lacks sufficient information to render a decision at
				  the initial hearing.
(e) The
				  Hearing Officer's findings and decisions shall be reached and sent in writing
				  to the client, or the client's legally responsible person, and to the LME-MCO,
				  area authority or county program Director within 60 calendar days of the
				  written request for an appeal.
Authority
					 G.S.
					 143B-147;
Eff. October 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter I - AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS › Section .0600 - NON-MEDICAID APPEAL PROCESS › Section 27I .0609 - FINAL WRITTEN DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of
				  the Hearing Officer's findings and decisions, the LME-MCO, area authority or
				  county program shall issue a final decision based on those findings within 10
				  business days of receipt of the Hearing Officer's findings and
				  decisions.
(b) Neither the Hearing
				  Officer's findings and decisions nor the LME-MCO, area authority or county
				  program final decision shall be interpreted as an agency decision granting a
				  non-Medicaid eligible client the right to appeal by requesting a contested case
				  hearing pursuant to G.S. 150B.
(c)
				  The Division shall report annually to the Commission for Mental Health,
				  Developmental Disabilities and Substance Abuse Services the number of appeals
				  filed and conducted.
Authority
					 G.S.
					 143B-147;
Eff. October 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0100 - SCOPE AND DEFINITIONS › Section 28A .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of the rules in Subchapters
				  28A, 28B, 28C and 28D of this Chapter is to set forth regulations governing
				  human rights for clients in state facilities. The state facilities governed by
				  these Rules are the regional psychiatric hospitals, mental retardation centers,
				  alcohol and drug abuse treatment centers, Wright School, the North Carolina
				  Special Care Center at Wilson, Whitaker School and any other like state owned
				  and operated institutions, hospitals, centers or schools that may be
				  established under the administration of the Division. In addition to these
				  Rules, each state facility shall follow the North Carolina General Statutes
				  regarding client rights which are specified in Article 3 of Chapter
				  122C.
(b) A state facility that is
				  certified by the Centers for Medicare and Medicaid Services (CMS) as an
				  Intermediate Care Facility for the Mentally Retarded (ICF/MR), or a
				  Medicare/Medicaid Hospital or a Psychiatric Residential Treatment Facility
				  (PRTF) is deemed to be in compliance with the rules in Subchapters 28A, 28B,
				  28C and 28D of this Chapter, with the exceptions of 28A .0102; 28D .0203;
				  .0206; .0207; .0208; .0209 and .0210. A state facility that is certified as
				  specified in Paragraph (b) of this Rule shall comply with the following:
(1) use of the definition of physical
				  restraint as specified in Subparagraph .0102 (b)(32) of this Section;
(2) documentation requirements as specified
				  in Rules .0203; .0206; .0207; .0208; .0209 and .0210 of Subchapter
				  28D;
(3) debriefing requirements as
				  specified in Rule .0206 of Subchapter 28D; and
(4) training requirements as specified in
				  Rules .0209 and .0210 of Subchapter 28D.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0201 - PURPOSE OF HUMAN RIGHTS COMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
A human rights committee shall be established at each state
					 facility to provide an additional safeguard for protecting the human, civil,
					 legal and treatment rights of clients who, due to impairments resulting from
					 mental retardation, mental illness or substance abuse, may be less able to
					 articulate and exercise their legal entitlements than those not
					 impaired.
Authority
					 G.S.
					 122C-64;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0202 - MEMBERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Members of
				  human rights committees shall be appointed by the Secretary.
(b) Recommendations for committee
				  appointments and the appointment process shall be as follows:
(1) The State Facility Director shall
				  maintain a schedule of the terms of appointment for committee members and shall
				  request names of possible appointees from voluntary groups serving the mentally
				  ill, mentally retarded or substance abusers, as appropriate, as well as from
				  the Chairperson of the State Facility Human Rights Committee six months prior
				  to the expiration of a committee member's term. The State Facility Director
				  shall submit these nominations, as well as any additional nominations, to the
				  appropriate deputy director in the Division five months prior to the expiration
				  of the Committee member's term.
(2)
				  Within two weeks following receipt of the nominations, the Deputy Director
				  shall submit the Committee and voluntary group recommendations for nominations,
				  as well as any other nominations supported by the Deputy Director, to the
				  Division Director.
(3) The Division
				  Director shall submit the committee and voluntary group
				  recommenda­tions, as well as any other nominations he supports, to the
				  Secretary four months prior to the expiration of the Committee member's term of
				  office.
(4) The Secretary shall
				  contact his choices for potential appointees, explain committee member
				  responsibilities and confirm appointments in writing.
(5) The Secretary shall notify the Division
				  Director and the committee chairperson of confirmed committee appointments and
				  the term of office for appointees two months prior to the expiration of the
				  Committee member's term.
(6) The
				  Division Director shall notify the State Facility Director of the
				  appointment.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0203 - EX OFFICIO MEMBERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An internal
				  client advocate may serve as a non-voting member of each human rights
				  committee.
(b) In addition to the
				  members appointed by the Secretary, the Chairperson may designate other
				  non-voting ex officio members to assist the Committee. Ex officio members may
				  be employees of the Division.
Authority
					 G.S.
					 122C-64;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0204 - TERMS OF OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All members
				  shall be appointed to serve three year terms except for the initial terms at
				  state facilities which did not have human rights committees established upon
				  the original effective date of these rules.
(b) Initial appointments for each of the
				  Committees established under Paragraph (a) of this Rule shall be as follows:
(1) One member shall serve a four-year term,
				  expiring June 30.
(2) Two members
				  shall serve a three-year term, expiring June 30.
(3) One member shall serve a two-year term,
				  expiring June 30.
(4) One member
				  shall serve a one-year term, expiring June 30.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0205 - OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each human
				  rights committee shall elect by a majority a chairperson to serve for a period
				  of two years. No person shall serve more than two consecutive terms as
				  chairperson. The chairperson shall be a committee member who does not work
				  directly with clients at the state facility.
(b) Other officers may be elected as needed
				  based on a majority vote of the Committee.
Authority
					 G.S.
					 122C-64;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0206 - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each human
				  rights committee shall meet at least monthly unless an alternative schedule is
				  approved by the Secretary but in no case less than six times per year.
				  Committees may meet more often as necessary at the call of the Chairperson. The
				  chairperson shall call a meeting of the committee at any time such is requested
				  by four or more members of a ten-member committee or two or more members of a
				  five-member committee.
(b) A
				  majority of each committee shall constitute a quorum for the transaction of
				  business.
(c) Human rights
				  committees as public bodies are subject to open meetings as specified in
				  G.S.
				  143-318.9 through
				  143-318.12. Due to the nature of
				  the deliberations of human rights committees, it is anticipated that some of
				  the issues would be discussed in executive session in accordance with
				  G.S.
				  143-318.11(a)(7) and
				  (a)(12). The chairperson shall file a
				  schedule of regular meetings with the Secretary of State as specified in
				  G.S.
				  143-318.12.
Authority
					 G.S.
					 122C-64;
					 131E-67;
					 143B-10;
					 143B-147;
Eff.
					 October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.