North Carolina Administrative Code

SECTION .6000 - INPATIENT HOSPITAL TREATMENT FOR INDIVIDUALS WHO HAVE MENTAL ILLNESS OR SUBSTANCE ABUSE DISORDERS 10a NCAC 27g .6001 SCOPE (a) Inpatient hospital treatment involves the provision of 24-hour treatment in an inpatient hospital setting. This facility is designed to p…

10a NCAC 27g .6002 STAFF (a) Each facility shall delineate in writing the numbers and qualification of its personnel. (b) Each facility shall have a designated director. The director shall be an individual who is a graduate of a college or university and who meets at least one of…

10a NCAC 27g .6003 OPERATIONS Program Plan Description. Each facility shall specify: (1) a daily schedule of therapeutic activities; (2) a description of services offered for the family and significant others and how these individuals are involved in the treatment process; (3) a …

SECTION .6100 - EMERGENCY SERVICES OR INDIVIDUALS OF ALL DISABILITY GROUPS 10a NCAC 27g .6101 SCOPE Each area program shall make provisions for emergency services on a 24-hour non-scheduled basis to individuals of all ages and disability groups and their families, for immediate s…

10a NCAC 27g .6102 STAFF (a) At least one staff member shall be designated to coordinate and supervise activities of the emergency services network. (b) A qualified professional, as appropriate to the client's needs, shall be available for immediate consultation and for direct fa…

10a NCAC 27g .6103 OPERATIONS (a) Emergency services shall include at least the following: (1) 24-hour access to personnel trained in emergency services; (2) 24-hour telephone coverage at no cost to the client; (3) provision for emergency hospital services; and (4) provision of e…

SECTION .6200 - OUTPATIENT SERVICES FOR INDIVIDUALS OF ALL DISABILITY GROUPS 10a NCAC 27g .6201 SCOPE Each area program shall make provision for outpatient services which are provided to individuals of all ages and disabilities, families, or groups in a non-hospital setting throu…

10a NCAC 27g .6202 OPERATIONS (a) Availability Of Services. The area program shall provide at least one clinic that holds office hours no less than 40 hours per week in order to make available outpatient services. Clinics which are located at other sites in the catchment area, an…

SECTION .6300 - COMPANION RESPITE SERVICES FOR INDIVIDUALS OF ALL DISABILITY GROUPS 10a NCAC 27g .6301 SCOPE Companion respite is a support service in which a trained respite provider is scheduled to care for the individual in a variety of settings, including the individual's own…

10a NCAC 27g .6302 OPERATIONS (a) Responsibilities Of Governing Body. Each governing body shall: (1) develop and implement written criteria for the approval of providers and the sites where services may be provided. (2) attempt to match the client's needs with the provider's abil…

SECTION .6400 - PERSONAL ASSISTANCE FOR INDIVIDUALS OF ALL DISABILITY GROUPS 10a NCAC 27g .6401 SCOPE (a) Personal assistance is a service which provides aid to a client who has mental illness, developmental disabilities or substance abuse disorders so that the client can engage …

10a NCAC 27g .6402 STAFF (a) Personal assistance shall be provided under the direction of a supervisor who is a qualified professional. (b) When a specific client's disability is different than that for which the supervisor is trained, the personal assistance employee shall have …

10a NCAC 27g .6403 OPERATIONS Housing Review. When personal assistance for a client includes providing service in the client's home, one of the purposes of the service is to assess the safety and sanitation of the home with the client. If the safety or sanitation is in question, …

SECTION .6500 - EMPLOYEE ASSISTANCE PROGRAMS (EAP) 10a NCAC 27g .6501 SCOPE (a) An employee assistance program (EAP) is a worksite based program designed to assist in the identification and resolution of productivity problems in the workplace associated with employees impaired by…

10a NCAC 27g .6502 STAFF The area program shall designate an individual who has the responsibility for planning and implementing employee assistance programs with employers from both the public and private sector. History Note: Authority G.S. 143B-147; Eff. May 1, 1996; Pursuant …

10a NCAC 27g .6503 OPERATIONS (a) Population Served. Each EAP shall be designed to serve the organization (employer), its employees, and their family members by providing a comprehensive system from which employees can obtain assistance addressing personal problems which may affe…

SECTION .6600 - SPECIALIZED FOSTER CARE SERVICES 10a NCAC 27g .6601 SCOPE Specialized foster care is a support service provided cooperatively by the area program and the local department of social services or other licensed child care agency for individuals with developmental dis…

10a NCAC 27g .6602 APPROVED FOSTER HOMES Each foster home shall be licensed by the Department of Human Resources and supervised by the county Department of Social Services or other licensed child care agency and shall meet the criteria for receipt of Title XX (P.L. 97-35) foster …

10a NCAC 27g .6603 PLACEMENT CARE AGREEMENT (a) The area program shall negotiate a placement care agreement with the specialized foster care parents on behalf of each individual for whom the area program contracts for specialized foster care services. (b) The agreement shall incl…

SECTION .6700 - FORENSIC SCREENING AND EVALUATION SERVICES FOR INDIVIDUALS OF ALL DISABILITY GROUPS 10a NCAC 27g .6701 SCOPE Forensic services shall be designed to serve offenders and alleged offenders referred by the criminal justice system by court order. History Note: Authorit…

10a NCAC 27g .6702 OPERATIONS When ordered by a court, forensic screening and evaluation to assess capacity to proceed to trial shall be provided by evaluators trained and certified in accordance with the provisions of 10A NCAC 27H .0201 through .0207. History Note: Authority G.S…

SECTION .6800 - PREVENTION SERVICES 10a NCAC 27g .6801 SCOPE Prevention services shall include information, consultation, education and instruction for the general population. History Note: Authority G.S. 143B-147; Eff. May 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary …

10a NCAC 27g .6802 STAFF The area program shall designate a director for prevention services. History Note: Authority G.S. 143B-147; Eff. May 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.

SECTION .6900 - CONSULTATION AND EDUCATION SERVICES 10a NCAC 27g .6901 SCOPE (a) Consultation is a prevention or intervention service provided to other mental health, human service, and community planning and development organizations or individual practitioners of other organiza…

10a NCAC 27g .6902 STAFF The consultation and education service shall have a designated director. History Note: Authority G.S. 143B-147; Eff. May 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.

10a NCAC 27g .6903 OPERATIONS (a) Written Program Plan. Each area program shall develop annually a written plan for consultation and education services specifying populations that will be targeted and objectives to be obtained. (b) Coordination of Services. The consultation and e…

SECTION .7000 – LOCAL MANAGEMENT ENTITY RESPONSE TO COMPLAINTS 10A NCAC 27G .7001 SCOPE (a) The rules in this Section govern the Local Management Entity responses to complaints received concerning the provision of public services pertaining to all provider categories in its catch…

10A NCAC 27G .7002 LOCAL MANAGEMENT ENTITY REQUIREMENTS CONCERNING COMPLAINTS (a) A Local Management Entity shall respond to complaints received concerning the provision of public services pertaining to all provider categories, as defined in 10A NCAC 27G .0602, in its catchment a…

10A NCAC 27G .7003 REQUIREMENTS FOR LOCAL MANAGEMENT ENTITY COMPLAINT INVESTIGATIONS (a) The Local Management Entity shall follow these procedures when investigating providers according to 10A NCAC 27G .0606: (1) The Local Management Entity shall make contact with the provider wh…

10A NCAC 27G .7004 APPEALS REGARDING UTILIZATION REVIEW DECISIONS FOR NON-MEDICAID SERVICES (a) This Rule governs appeals by a client, or the client's legally responsible person, to the Local Management Entity-Managed Care Organization (LME-MCO), area authority or county program …

SECTION .7100 – TARGET POPULATION 10A NCAC 27G .7101 SCOPE (a) The rules in this Section apply to target populations that are groups of people considered most in need of services available considering resources within the public system and who are given service priority. History …

subchapter 27H – miscellaneous rules section .0100 – admission procedures for minors or incompetent persons to nonrestrictive treatment facilities 10A NCAC 27H .0101 SCOPE (a) Rules .0101 through .0108 of this Section apply to any residential treatment facility operated by an are…

10A NCAC 27h .0102 DEFINITIONS For the purposes of the rules in this Section the following terms shall have the meanings indicated: (1) "Intoxicated" means the condition specified in G.S. 122C-3(18) and includes addiction to narcotic or other habit-forming drugs or alcohol. (2) "…

10A NCAC 27H .0103 APPLICATION FOR ADMISSION A parent, guardian, or person standing in loco parentis shall sign the application for admission of a minor to the residential treatment facility. A guardian shall sign the application for admission of a person adjudicated incompetent.…

10A NCAC 27H .0104 PROCEDURE FOR ADMISSION (a) Any person voluntarily seeking admission to a residential treatment facility shall be examined and evaluated by a qualified physician within 24 hours of presenting himself for admission. In determining the appropriateness of the admi…

10A NCAC 27H .0105 CRITERIA FOR ADMISSION (a) The client shall be admitted when the qualified physician determines that: (1) the client has a diagnosed mental illness or is intoxicated; (2) the client is in need of treatment or further evaluation at the facility; and (3) treatmen…

10A NCAC 27H .0106 INDIVIDUAL TREATMENT/PROGRAM PLAN The individual treatment plan for each client shall be consistent with the diagnosis and shall be documented in the client record as follows: (1) the preliminary treatment plan shall be initiated within 24 hours of admission an…

10A NCAC 27H .0107 REVIEW OF CONTINUED TREATMENT A thorough review of the appropriateness of continued treatment at the treatment facility shall be carried out within 30 days, documented in the treatment plan, and repeated at least every three months. This review shall be complet…

10A NCAC 27H .0108 DISCHARGE PLAN When it is determined, following the review specified in Rule .0107 of this Section, that treatment at the treatment facility is no longer necessary or no longer meets the conditions of most appropriate and least restrictive, a discharge plan sha…

section .0200 – training and CERTIFICATION of forensic evaluators 10A NCAC 27H .0201 SCOPE (a) The purpose of Rules .0201 through .0207 of this Section is to specify the requirements that shall be met to be certified as a local certified forensic evaluator by the Division of Ment…

10a NCAC 27H .0202 DEFINITIONS For the purposes of Rules .0201 through .0207 of this Section, when a capacity evaluation is ordered by a Court to be conducted through the Local Management Entity-Managed Care Organization LME-MCO, the following terms shall have the meanings indica…

10A NCAC 27H .0203 ELIGIBILITY FOR TRAINING To be eligible for training as a local certified forensic evaluator the individual shall: (1) be a Licensed Clinician; (2) be an employee of the LME-MCO, if permitted pursuant to G.S. 122C-141(a), or work under contract with, an LME-MCO…

10A NCAC 27H .0204 TRAINING AND CERTIFICATION (a) The individual seeking certification as a forensic evaluator shall complete six hours of initial training provided by the Division in order to be certified as a local certified forensic evaluator. The initial training shall includ…

10A NCAC 27H .0205 LME-MCO OVERSIGHT OF FORENSIC EVALUATOR PROGRAM (a) Within available resources, the LME-MCO shall ensure there are local certified forensic evaluators to conduct forensic evaluations to meet the demand for forensic evaluations, based in part upon population ser…

10A NCAC 27H .0206 TERMINATION OF CERTIFICATION (a) The LME-MCO shall notify the Division in the following circumstances: (1) the evaluator notifies the LME-MCO in writing that he or she no longer wishes to be certified; (2) the evaluator no longer meets the eligibility requireme…

10A NCAC 27H .0207 DUTIES OF A CERTIFIED FORENSIC EVALUATOR When a capacity evaluation is ordered by the court, to be conducted through the LME-MCO, the local certified forensic evaluator shall conduct a forensic evaluation or examination of the defendant and shall submit a repor…

section .0300 – hepatitis b screening and vaccination of residents and vaccination of direct care employees in group homes for developmentally disabled persons 10A NCAC 27H .0301 SCOPE (a) The purpose of Rules .0301 through .0309 of this Section is to specify the procedures that …