North Carolina Administrative Code

section .0300 – outpatient hospital services 10A NCAC 25P .0301 OUTPATIENT HOSPITAL SERVICES History Note: Authority G.S. 108A-25(b); 42 C.F.R. 440.20; 42 C.F.R. 440.230(d); 42 C.F.R. 456.1; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. October 1, 1986; Tra…

section .0400 – other services 10A NCAC 25P .0401 PHYSICIAN SERVICES History Note: Authority G.S. 108A-25(b); 108A-54; 108A-55; 42 C.F.R. 440.50; 42 C.F.R. 440.230(d); 42 C.F.R. 456.1; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. October 1, 1986; January 1…

10A NCAC 25P .0402 CLINIC SERVICES History Note: Authority G.S. 108A-25(b); 108A-54; 42 C.F.R. 440.20; Eff. February 1, 1976; Amended Eff. September 30, 1977; Readopted Eff. October 31, 1977; Amended Eff. January 1, 1984; Recodified from 10 NCAC 26B .0113 Eff. October 1, 1993; Re…

10A NCAC 25P .0403 CHIROPRACTIC SERVICES (a) No reimbursement from North Carolina Medicaid shall be made for x-rays or other diagnostic or therapeutic services provided by a chiropractor except as provided in this Rule. (b) Medicaid coverage of chiropractic services is limited to…

10A NCAC 25P .0404 PODIATRIST SERVICES The trimming of nails and corns shall not be covered. History Note: Authority G.S. 108A-25(b); S.L. 1985, c. 479, s. 86; 42 C.F.R. 440.230(d); Eff. February 1, 1976; Readopted Eff. October 31, 1977; Transferred from 10A NCAC 22O .0405 Eff. M…

10a NCAC 25P .0405 ABORTION Lawful abortions shall be covered under Medicaid in accordance with federal law. History Note: Authority G.S. 108A-25(b); 108A-54; 108A-56; 42 C.F.R. 440.90; 42 C.F.R. 441, Subpart E; Eff. March 16, 1976; Amended Eff. August 24, 1977; Readopted Eff. Oc…

10A NCAC 25P .0406 LABORATORY AND X-RAY SERVICES History Note: Authority G.S. 108A-25(b); 108A-54; 42 C.F.R. 440.30; 40 C.F.R. 441.16; 42 C.F.R. Part 493; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1993; April 1, 1992; Transferred from 10A NCAC …

Subchapter 25S – out-of-STate services section .0100 – reserved for future codification 10a ncac 25s .0100 reserved for future codification

section .0200 – out-of-state services 10A NCAC 25S .0201 OUT-OF-STATE SERVICES History Note: Authority G.S. 108A-25(b); 108A-54; 108A-55; Eff. September 30, 1977; Readopted Eff. October 31, 1977; Recodified from 10 NCAC 26B .0117 Eff. October 1, 1993; Recodified from 10 NCAC 26B …

Subchapter 25U – radiology section .0100 – reserved for future codification 10a ncac 25u .0100 reserved for future codification

section .0200 – x-ray services 10A NCAC 25U .0201 LABORATORY AND X-RAY SERVICES History Note: Authority G.S. 108A-25(b); 108A-54; 42 C.F.R. 440.30; 40 C.F.R. 441.16; 42 C.F.R. Part 493; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1993; April 1, 1…

subchapter 25W – transportation section .0100 – Reserved for future codification 10a ncac 25w .0100 reserved for future codification

section .0200 – ambulance services 10A NCAC 25W .0201 AMBULANCE SERVICES History Note: Authority G.S. 108A-25(b); 108A-54; 42 C.F.R. 440.170; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. October 1, 1995; January 1, 1995; March 1, 1993; Transferred from 10A…

CHAPTER 26 – MENTAL HEALTH: GENERAL Subchapter 26A – Rules of procedure section .0100 – rulemaking procedures 10A NCAC 26A .0101 AVAILABILITY OF THESE RULES A copy of all rules adopted by the Commission for Mental Health Services and a copy of all rules adopted by the Department …

10A NCAC 26A .0102 SCOPE These rules apply to persons wishing to submit comments at rule-making hearings or request additional information regarding proposed or adopted rules. History Note: Authority G.S. 143B-10(j)(2); 143B-147; 150B-11; Eff. February 1, 1976; Amended Eff. April…

10a NCAC 26A .0103 PETITIONS (a) Except for petitions regarding the addition, deletion, or rescheduling of controlled substances which are governed by 10A NCAC 26F .0117, any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule by the Commis…

10a NCAC 26A .0104 NOTICE (a) When a rule-making hearing is scheduled for either the Commission or the Division Director, in response to a petition or otherwise, the Division shall give notice of a public hearing. The notice shall meet the requirements of G.S. 150B-21.2. (b) Pers…

10A NCAC 26A .0105 HEARINGS (a) Written Submissions. (1) Any person may file a written submission containing data, comments, or arguments within the 30-day period that the hearing record is open for written comments. The deadline for written submissions shall be stated in the hea…

10a NCAC 26a .0106 JUSTIFICATION OF RULE-MAKING DECISION (a) Any interested person, either prior to adoption of a rule or within 30 days thereafter, who desires a concise statement of the principal reasons for and against the adoption of a rule by the Commission or Division Direc…

10a NCAC 26a .0107 RECORD OF RULE-MAKING PROCEEDINGS A record of all rule-making hearings shall be maintained by the office of the Division's A.P.A. coordinator. The record shall be available for public inspection during regular office hours and shall include: (1) any petitions r…

10a NCAC 26a .0108 FEES Except when a statute provides otherwise, the Division may charge a fee to cover the costs of meeting requests for information related to the rule-making hearing including material, duplicating, mailing, and allocable personnel costs. History Note: Authori…

SECTION .0200 - CONTESTED CASES 10a NCAC 26a .0201 SCOPE The procedures in this Section shall apply to all contested cases coming under the authority of the Director or the authority of the Commission. History Note: Authority G.S. 143B-10; 143B-147; 150B-22; Eff. January 1, 1980;…

10a NCAC 26a .0202 DEFINITIONS As used in this Section, the following terms shall have the meaning specified: (1) "Agency" is the Division of Mental Health, Developmental Disabilities and Substance Abuse Services (DMH/DD/SAS) or the Commission for Mental Health, Developmental Dis…

10a NCAC 26a .0203 DETERMINATION OF CONTESTED CASE HEARING (a) Request for Determination. (1) Persons may at any time request from the Director a determination of their legal rights, privileges, or duties. Requests shall specify whether a hearing is desired. (2) Requests shall be…

10a NCAC 26a .0204 CROSS-REFERENCE TO DEPARTMENTAL RULES History Note: Authority G.S. 143B-10; 143B-147; 150B-22; 150B-34; Eff. January 1, 1980; Amended Eff. April 1, 1990; Pursuant to G.S. 150B-21.3A, rule expired July 1, 2015.

SECTION .0300 - DECLARATORY RULINGS 10a NCAC 26A .0301 SCOPE The procedures in this Section shall apply to all requests for and issuance of declaratory rulings, whether arising under the authority of the Director or of the Commission. History Note: Authority G.S. 143B-10; 143B-14…

10a NCAC 26a .0302 DEFINITIONS (a) "Declaratory ruling" means a formal and binding interpretation as specified in G.S. 150B-4. (b) "Petitioner" as used in this Section means the person requesting a declaratory ruling from the agency. History Note: Authority G.S. 143B-10; 143B-147…

10a NCAC 26a .0303 AUTHORITY TO MAKE DECLARATORY RULINGS The Director shall have the power to make all declaratory rulings, whether arising under the authority of the Director or of the Commission. History Note: Authority G.S. 143B-10; 143B-147; 150B-17; Eff. January 1, 1980; Pur…

10a NCAC 26a .0304 PROCEDURES FOR REQUESTING DECLARATORY RULINGS (a) All requests for declaratory rulings shall be by written petition and shall be submitted to: The Director, Division of Division of Mental Health, Developmental Disabilities and Substance Abuse Services, 3001 Mai…

10a NCAC 26a .0305 ACTION ON REQUEST FOR DECLARATORY RULING (a) Whenever the Director has good cause to believe that issuing a declaratory ruling is undesirable, the Director may decline to issue one. In such cases, the Director shall notify the petitioner in writing of the decis…

10a NCAC 26a .0306 PROCEDURES FOR ISSUING DECLARATORY RULINGS (a) The declaratory ruling process may consist of written submissions, oral hearings or such other procedures as may be deemed appropriate by the Director in the particular case. (b) The Director, at his discretion, ma…

10a NCAC 26a .0307 RECORD OF DECLARATORY RULING PROCEEDINGS A record of all declaratory ruling proceedings shall be maintained by the Division's publications officer and shall be available for public inspection during regular business hours. This record shall contain: (1) the ori…

10a NCAC 26a .0308 NOTIFICATION OF COMMISSION The Director shall provide to the Commission Chairman a copy of all declaratory rulings issued. History Note: Authority G.S. 143B-10; 143B-147; 150B-17; Eff. January 1, 1980; Pursuant to G.S. 150B-21.3A, rule is necessary without subs…

subchapter 26B – confidentiality rules section .0100 – general rules 10A NCAC 26B .0101 PURPOSE AND SCOPE (a) The purpose of the rules in this Subchapter is to set forth requirements for those who collect, store and disseminate information on individuals who are served by facilit…

10A NCAC 26B .0102 GENERAL PROVISIONS (a) Area or state facilities or individuals with access to or control over confidential information shall take affirmative measures to safeguard such information. (b) Confidential information may not be released or disclosed except in accorda…

10A NCAC 26B .0103 DEFINITIONS (a) The following terms shall have the meanings specified in G.S. 122C-3, 122C-4 and 122C-53: (1) "Area board", (2) "Area facility", (3) "Confidential information", (4) "Guardian", (5) "Internal client advocate", (6) "Legally responsible person", (7…

10A NCAC 26B .0104 LIABILITY OF PERSONS WITH ACCESS TO INFORMATION (a) Individuals employed in area and state facilities and employees governed by the State Personnel Act, G.S. Chapter 126, are subject to suspension, dismissal or disciplinary action for failure to comply with the…

10A NCAC 26B .0105 OWNERSHIP OF RECORDS (a) All records, including those which contain confidential information which are generated in connection with the performance of any function of an area or state facility, are the property of the facility. (b) Original client records may b…

10A NCAC 26B .0106 ALTERATIONS IN THE CLIENT RECORD A client or a client's legally responsible person may contest the accuracy, completeness or relevancy of information in the client record and may request alteration of such information. Alterations shall be made as follows: (1) …

10A NCAC 26B .0107 SECURITY OF CONFIDENTIAL INFORMATION (a) Each area or state facility that maintains records with confidential information shall provide a secure place for the storage of records and shall develop written policies and procedures regarding controlled access to th…

10A NCAC 26b .0108 ASSURANCE OF CONFIDENTIALITY (a) The area or state facility director shall make known to all employees, students, volunteers and all other individuals with access to confidential information the provisions of the rules in this Subchapter and G.S. 122C-52 throug…

10A NCAC 26B .0109 REVIEW OF DECISIONS Clients, clients' legally responsible persons or employees may request a review of any decisions made under the rules in this Subchapter by the area or state facility director, or, if elsewhere within the Division, by the Division director. …

10A NCAC 26B .0110 INFORMATION RECEIVED FROM OTHER AGENCIES/INDIVIDUALS Whenever an area or state facility receives confidential information from another facility, agency or individual, then such information shall be treated as any other confidential information generated by the …

10A NCAC 26B .0111 INFORMATION PROVIDED TO FAMILY/OTHERS Information shall be provided to the next of kin or other family member, who has a legitimate role in the therapeutic services offered, or other person designated by the client or his legally responsible person in accordanc…

Section .0200 – release of confidential information with consent 10A NCAC 26B .0201 CONSENT FOR RELEASE Area or state facility employees may not release any confidential information until a Consent for Release form as described in Rules .0202 and .0203 of this Section has been ob…

10A NCAC 26B .0202 CONSENT FOR RELEASE form (a) When consent for release of information is obtained by an area or state facility covered by the rules in this Subchapter, a Consent for Release form containing the information set out in this Paragraph shall be utilized. The consent…

10A NCAC 26B .0203 PERSONS WHO MAY SIGN CONSENT FOR RELEASE The following persons may sign a consent for release of confidential information: (1) a competent adult client; (2) the client's legally responsible person; (3) a minor client under the following conditions: (a) pursuant…

10A NCAC 26B .0204 VERIFICATION OF AUTHORIZATION IN CASES OF DOUBT Whenever the validity of an authorization is in question, an area or state facility employee shall contact the client or the client's legally responsible person to confirm that the consent is valid. Such determina…

10A NCAC 26B .0205 INFORMED CONSENT Prior to obtaining a consent for release of confidential information, a delegated employee shall inform the client or his legally responsible person that the provision of services is not contingent upon such consent and of the need for such rel…

10A NCAC 26B .0206 PERSONS DESIGNATED TO RELEASE CONFIDENTIAL INFORMATION The area or state facility director shall be responsible for the release of confidential information but may delegate the authority for release to other persons under his supervision. The delegation shall b…