North Carolina Administrative Code

10A NCAC 05E .0102 DEFINITIONS Unless otherwise redefined by this Section, the definitions contained in G.S. 150B-2 are incorporated herein by reference pursuant to G.S. 150B-14(c). The following definitions shall apply: (1) "Agency" means an Area Agency on Aging as defined in th…

10A NCAC 05E .0103 COMMENCEMENT OF A DIVISION HEARING: PETITIONS (a) In order to commence an administrative decision review hearing with the Division, a petition must be filed in accordance with these Rules. The petition must be in writing, and must be signed by the aggrieved per…

10A NCAC 05E .0104 NOTICE OF FILING: NOTICE OF HEARING Upon receipt of a timely petition for an administrative decision review hearing, the Division Hearing Officer shall promptly notify all parties of receipt of such filing, and shall arrange with the parties a time, date and pl…

10A NCAC 05E .0105 ANSWERS TO THE PETITION (a) A respondent who is served notice of filing of a petition shall file a written response to the petition and shall serve a copy of such response with certificate of service upon all other parties within 15 days after service of notice…

10A NCAC 05E .0106 DOCUMENTS All documents required to be filed pursuant to these Rules shall likewise be served on all other parties by the filing party. The original of every document filed shall be endorsed with a certificate of service signed by the party making the service o…

10A NCAC 05E .0121 FINAL DECISION 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 writte…

10A NCAC 05E .0122 APPEALS TO COMMISSIONER ON AGING 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 ser…

SECTION .0200 - BIDDING AND CONTRACTING 10A NCAC 05E .0201 BIDDING AND CONTRACTING PROCEDURES 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 proce…

SUBCHAPTER 05F -PLANNING AND SERVICE AREA AND AREA AGENCY DESIGNATION SECTION .0100 - DIVISION OF AGING DESIGNATION AUTHORITY 10A NCAC 05F .0101 PLANNING AND SERVICE AREA AND AREA AGENCIES ON AGING The Division of Aging shall divide the state into distinct planning and service ar…

10A NCAC 05F .0102 WITHDRAWAL OF AREA ON AGING DESIGNATION 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 amendmen…

SECTION .0200 - PLANNING AND SERVICE AREA AND AREA AGENCY ON AGING REQUIREMENTS 10A NCAC 05F .0201 PLANNING AND SERVICE AREA REQUIREMENTS (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 …

10A NCAC 05F .0202 AREA AGENCY ON AGING REQUIREMENTS (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 pla…

SECTION .0300 - APPLICATION FOR PLANNING SERVICE AREA DESIGNATION AND PRE-HEARING REVIEW 10A NCAC 05F .0301 APPLICATION DUE DATE FOR PLANNING AND SERVICE AREA DESIGNATION The application for planning and service area designation shall be received by the Division of Aging no later…

10a NCAC 05f .0302 APPLICATION CONTENT FOR PLANNING AND SERVICE AREA DESIGNATION 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, su…

10A NCAC 05F .0303 PRE-HEARING REVIEW ON PLANNING AND SERVICE AREA DESIGNATION (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 withi…

SECTION .0400 - DIVISION OF AGING PUBLIC HEARINGS ON PLANNING AND SERVICE AREA DESIGNATION 10A NCAC 05F .0401 SCHEDULING OF PUBLIC HEARINGS ON PLANNING/SERVICE AREA DESIGNATION Prior to designating PSAs, public hearings shall be held for affected parties. The Division shall sched…

10A NCAC 05F .0402 PREHEARING REVIEW COMMENTS The Division shall provide a written summary of comments received through the pre-hearing review at the public hearing. History Note: Authority G.S. 143B-181.1(c); 42 U.S.C. 3001; Ex. Order 25, February 21, 1986; Eff. November 1, 1993…

10A NCAC 05F .0403 NOTIFICATION OF DECISION ON PLANNING AND SERVICE AREA DESIGNATION 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…

10A NCAC 05F .0404 PLANNING/SERVICE AREA DESIGNATION INITIATED BY THE DIVISION OF AGING 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 …

SECTION .0500 - APPLICATION FOR AREA AGENCY ON AGING DESIGNATION AND PRE-HEARING REVIEW 10a NCAC 05f .0501 AREA AGENCY ON AGING DESIGNATION CRITERIA (a) Area agency on aging designation shall occur after the Division has issued a decision on PSA designation, as specified in Rule …

10A NCAC 05F .0502 APPLICATION CONTENT FOR AREA AGENCY ON AGING DESIGNATION 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 respon…

10A NCAC 05F .0503 PRE-HEARING REVIEW ON AREA AGENCY ON AGING DESIGNATION 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 decisio…

SECTION .0600 - DIVISION OF AGING PUBLIC HEARINGS ON AREA AGENCY ON AGING DESIGNATION 10A NCAC 05F .0601 SCHEDULING OF PUBLIC HEARINGS ON AREA AGENCY ON AGING DESIGNATION Prior to designating AAAs, the Division shall conduct public hearings. The Division shall schedule hearings w…

10A NCAC 05F .0602 PREHEARING REVIEW COMMENTS The Division shall provide a written summary of comments received through the pre-hearing review at the public hearings. History Note: Authority G.S. 143B-181.1(c); 42 U.S.C. 3001; Eff. November 1, 1993; Pursuant to G.S. 150B-21.3A, r…

10A NCAC 05F .0603 NOTIFICATION OF DECISION ON AREA AGENCY ON AGING DESIGNATION 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, th…

SECTION .0700 - WITHHOLDING AREA FUNDS OR WITHDRAWING AREA AGENCY ON AGING DESIGNATION 10A NCAC 05F .0701 NOTIFICATION OF IMPENDING ACTION TO WITHHOLD AREA FUNDS Within no less than 15 days prior to withholding funds the Division of Aging shall provide the area agency notificatio…

10A NCAC 05F .0702 PUBLIC HEARING/WITHHOLDING AREA FUNDS 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 R…

10A NCAC 05F .0703 DECISION ON WITHHOLDING AREA FUNDS 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…

10A NCAC 05F .0704 NOTICE/IMPENDING ACTION/WITHDRAW AREA AGENCY ON AGING DESIGNATION An area agency shall be notified via certified mail no less than 30 days prior to withdrawing area agency designation. History Note: Authority G.S. 143B-181.1(c); 42 U.S.C. 3001; Eff. November 1,…

10A NCAC 05F .0705 PUBLIC HEARING/WITHDRAWAL OF AREA AGENCY ON AGING DESIGNATION 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 …

10A NCAC 05F .0706 NOTIFICATION OF DECISION TO WITHDRAW AREA AGENCY DESIGNATION (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 t…

SECTION .0800 - APPEAL OF DIVISION OF AGING DECISION 10A NCAC 05F .0801 CONTESTED CASE 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 designa…

10A NCAC 05F .0802 APPEAL TO COMMISSIONER ON AGING 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 dec…

10A NCAC 05F .0803 JUDICIAL REVIEW 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 fil…

SUBCHAPTER 05G - HOME AND COMMUNITY CARE BLOCK GRANT FOR OLDER ADULTS SECTION .0100 - ALLOCATION OF BLOCK GRANT FUNDS 10A NCAC 05G .0101 ALLOCATION/BLOCK GRANT FUNDING/AREA AGENCIES ON AGING The Division of Aging shall annually allocate Block Grant funding to Area Agencies on Agi…

SECTION .0200 - BASIS FOR GRANTING BLOCK GRANT FUNDS TO COUNTIES 10A NCAC 05G .0201 DEFINITIONS (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. T…

10A NCAC 05G .0202 COUNTY FUNDING PLANS (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 le…

10A NCAC 05G .0203 PUBLIC HEARING FOR COUNTY FUNDING PLAN (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 Chairma…

SECTION .0300 - PRIORITY FOR THE RECEIPT OF BLOCK GRANT SERVICES 10A NCAC 05G .0301 DEFINITIONS 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; …

10A NCAC 05G .0302 CLIENT PRIORITIES FOR RECEIPT OF SERVICES (a) Once service providers have determined that individuals meet eligibility criteria for a given Home and Community Care Block Grant for Older Adults service, individuals shall be served in the following priority order…

Subchapter 05h – reserve for future codification section .0100 - reserve for future codification 10a ncac 05h .0101 reserve for future codification

SUBCHAPTER 05I – Consumer Contributions SECTION .0100 – Purpose and Definitions 10A NCAC 05I .0101 purpose and definitions (a) As used in this Subchapter, the following definitions shall apply: (1) Consumer Contributions – a monetary amount voluntarily given to the service provid…

SECTION .0200 – REQUIREMENTS 10A NCAC 05I .0201 SERVICES SUBJECT TO Consumer contributions (a) Consumer contributions may be accepted for all services administered by the Division of Aging and Adult Services. (b) The use of a Recommended Contribution Schedule is prohibited for in…

10A NCAC 05I .0202 Initial and annual reviews (a) Upon initiation of the provision of the service(s) subject to consumer contributions and at least annually thereafter, the service providing agency shall review with each client determined eligible to receive services subject to c…

10A NCAC 05I .0203 Collection of consumer contribution revenue Service providers shall have written procedures to collect, account for, and safeguard all contributions. History Note: Authority G.S. 143B-181.1 (a) (10); 143B-181.1 (c); 42 U.S.C. 3001; 45 C.F.R. 1321.67; Eff. July …

10A NCAC 05I .0204 TERMINATION Service(s) to a client shall not be terminated or reduced for failure to contribute to the cost of the service(s) rendered. History Note: Authority G.S. 143B-181.1 (a) (10); 143B-181.1 (c); 42 U.S.C. 3001; 45 C.F.R. 1321.67; Eff. July 1, 1992; Amend…

10A NCAC 05I .0205 DEDUCTING consumer contribution REVENUES FROM MonTHLY SerViCe REIMBURSEMENT The North Carolina Division of Aging and Adult Services shall deduct the amount of Consumer Contribution revenues reported from the amount of monthly reimbursement due to each service p…

SUBCHAPTER 05J - CONFIDENTIALITY OF CLIENT DATA SECTION .0100 - DEFINITIONS FOR CONFIDENTIALITY OF CLIENT DATA 10A NCAC 05J .0101 DEFINITIONS FOR CONFIDENTIALITY OF CLIENT DATA Unless the context clearly specifies otherwise, the following terms are defined as follows: (1) "Agency…

SECTION .0200 - REQUIREMENTS 10A NCAC 05J .0201 CONFIDENTIALITY OF CLIENT DATA (a) Client information obtained by the Division of Aging, Area Agencies on Aging or service providers from an older person or their designated representative shall not be disclosed in a form that ident…

10A NCAC 05J .0202 INFORMATION FROM OTHER COMMUNITY SERVICE ORGANIZATIONS If the agency receives information from another community service organization or individual, then such information shall be treated as any other information generated by the State Division of Aging, Area A…