North Carolina Administrative Code

10A NCAC 27H .0302 DEFINITIONS For the purposes of Rules .0301 through .0309 of this Section the following terms shall have the meanings indicated: (1) "Direct care employee" means an individual who provides care or habilitation services to residents on a continuous and regularly…

10A NCAC 27H .0303 CURRENT RESIDENTS AND EMPLOYEES (a) In accordance with the OSHA Bloodborne Pathogens Standard 29 CFR 1910.1030, even if no resident tests positive for hepatitis B, all current group home employees (including part-time and temporary employees) who provide direct…

10A NCAC 27H .0304 PROSPECTIVE RESIDENTS AND EMPLOYEES (a) Prospective residents and employees of the group home shall be informed that a hepatitis B carrier is, or may at a future time be, residing in the home. (b) The group home shall screen prospective residents, who have been…

10A NCAC 27H .0305 COST FOR HEPATITIS B PROTECTION The screening and vaccination described in Rules .0303 and .0304 of this Section shall be provided by the employer at no cost to the resident or direct care employee. History Note: Authority G.S. 143B-147; Eff. November 1, 1985; …

10A NCAC 27H .0306 RECORDS Records of all residents and direct care employees shall be up-to-date regarding hepatitis B immunologic status. The record shall also contain information regarding screening, consent or refusal to be vaccinated, vaccination, and booster shots (if indic…

10A NCAC 27H .0307 PROTECTIONS DURING PREGNANCY (a) Non-immune direct care employees or non-immune residents who are known to be pregnant shall be informed of the risk to the fetus of being exposed to a hepatitis B carrier. (b) Residents and employees shall be provided informatio…

10A NCAC 27H .0308 PERSONAL HYGIENE/ENVIRONMENTAL PRECAUTIONS: STAFF TRAINING (a) A group home for developmentally disabled persons must provide a safe living environment for residents, as well as a safe working environment for all employees. (b) Policy and procedures shall be de…

10A NCAC 27H .0309 DOCUMENTATION OF COMPLIANCE (a) The area program shall monitor group homes for developmentally disabled persons operated by its contract agencies for compliance with Rules. 0301 through .0308 of this Section. (b) To assure that the contract agency's group homes…

SECTION .0400 - CLIENT ELIGIBILITY 10A NCAC 27H .0401 SCOPE The standards in this Section apply to each component of the area program and its contract agencies. History Note: Authority G.S. 143B-147; Eff. July 1, 1984; Amended Eff. March 1, 1990; Pursuant to G.S. 150B-21.3A, rule…

10A NCAC 27H .0402 SCREENING (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 shal…

10A NCAC 27H .0403 SERVICE PURPOSE AND ELIGIBILITY REQUIREMENTS The governing body shall develop and implement written policies that address the purpose for each service provided and the client eligibility requirements. History Note: Authority G.S. 143B-147; Eff. July 1, 1984; Am…

10A NCAC 27H .0404 CROSS-REFERENCE TO CLIENT FEE FOR SERVICE 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. History Note: Authority G.S. 122C-146; 143B-147; Eff. July 1, 1984; Amende…

10A NCAC 27H .0405 GEOGRAPHICAL AREA The governing body of each component shall develop written policies specifying the geographical areas from which individuals will be admitted. History Note: Authority G.S. 143B-147; Eff. July 1, 1984; Pursuant to G.S. 150B-21.3A, rule is neces…

10A NCAC 27H .0406 WAITING LISTS The governing body of each component shall develop written policies concerning waiting lists. History Note: 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 2…

10A NCAC 27H .0407 EXPLANATION OF PROGRAM RULES AND POLICIES Each component shall make its client eligibility rules and policies available for review by potential clients, families or other interested individuals or agencies. History Note: Authority G.S. 143B-147; Eff. July 1, 19…

section .0600 – continuity of care 10A NCAC 27H .0601 SCOPE 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 sub…

10A NCAC 27H .0602 EXPLANATION OF TERMS 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…

10A NCAC 27H .0603 GENERAL RESPONSIBILITIES OF AREA AUTHORITY AND DIVISION 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 consiste…

10A NCAC 27H .0604 PROGRAMMATIC RESPONSIBILITIES (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 …

10A NCAC 27H .0605 BUDGETARY RESPONSIBILITIES (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 ad…

10A NCAC 27H .0606 DOCUMENTATION The Division and area authority shall clearly document in writing all programmatic and budgetary actions related to a continuity of care client. History Note: Authority G.S. 122C-54; 122C-132; 122C-143; 122C-147; 122C-207; 143B-147; Eff. October 1…

10A NCAC 27H .0607 APPEALS 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). History Note: Authority G.S. 122C-54; 122…

subchapter 27I – AREA AUTHORITY OR COUNTY PROGRAM REQUIREMENTS SECTION .0100 – (RESERVED) 10A NCAC 27I .0101 RESERVED FOR FUTURE CODIFICATION

SECTION .0200 – (RESERVED) 10A NCAC 271 .0201 – RESERVED FOR FUTURE CODIFICATION

SECTION .0300 – (RESERVED) 10A NCAC 271 .0301 – RESERVED FOR FUTURE CODIFICATION

SECTION .0400 - SECRETARY APPROVAL OF LME SERVICE DELIVERY 10A NCAC 27I .0401 SCOPE (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 se…

10A NCAC 27I .0402 DEFINITIONS 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 …

10A NCAC 27I .0403 INFORMATION INCLUDED IN REQUEST 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 p…

10A NCAC 27I .0404 PROCESS (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 …

SECTION .0600 - NON-MEDICAID APPEAL PROCESS 10a ncac 27I .0601 SCOPE (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 t…

10A NCAC 27I .0602 DEFINITIONS 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…

10a ncac 27I .0603 Filing Requirements (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 d…

10a ncac 27I .0604 Change in Client Condition 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. History Note: Authority G.S. 143B-147; Eff. October 1, 2006; Pursuant to …

10a ncac 27I .0605 Division's Initial response to a non-Medicaid APPeal (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 pro…

10A NCAC 27I .0606 hearing SCHEDULE (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 forwar…

10a ncac 27I .0607 hearing procedureS (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 ma…

10a ncac 27I .0608 HEARING OFFICER findings AND DECISION (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…

10a ncac 27I .0609 Final written Decision (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 …

chapter 28 – mental health: state operated facilities and services SUBCHAPTER 28a - COMMITTEES AND PROCEDURES SECTION .0100 – SCOPE and DEFINITIONS 10A NCAC 28A .0101 SCOPE (a) The purpose of the rules in Subchapters 28A, 28B, 28C and 28D of this Chapter is to set forth regulatio…

10A NCAC 28A .0102 DEFINITIONS (a) In addition to the definitions contained in this Rule, the terms defined in G.S. 122C-3, 122C-4 and 122C-53(f) also apply to all rules in Subchapters 28A, 28B, 28C, and 28D of this Chapter. (b) As used in the rules in Subchapters 28A, 28B, 28C, …

SECTION .0200 - HUMAN RIGHTS COMMITTEES 10A NCAC 28A .0201 PURPOSE OF HUMAN RIGHTS COMMITTEES 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…

10A NCAC 28A .0202 MEMBERSHIP (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 appo…

10A NCAC 28A .0203 EX OFFICIO MEMBERSHIP (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 Com…

10A NCAC 28A .0204 TERMS OF OFFICE (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 ea…

10A NCAC 28A .0205 OFFICERS (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 wit…

10A NCAC 28A .0206 MEETINGS (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 chairpe…

10A NCAC 28A .0207 DUTIES (a) The duties of the Human Rights Committees are as follows: (1) review of compliance with laws in G.S. 122C, Article 3, dealing with the rights of clients, and reviewing the state facility's compliance with the human rights rules in this Subchapter and…

10A NCAC 28A .0208 PROCEDURES (a) There shall be a written agreement governing the relationship and responsibilities of the State Facility Director, Human Rights Committee and client advocate. Such agreement may be superseded by any written agreements between the Division and the…

10a NCAC 28a .0209 CONFIDENTIALITY (a) Committee members shall have access to the records of clients only upon written consent of the client or legally responsible person as specified in 10A NCAC 26B .0209 "Confidentiality Rules", division publication APSM 45-1. This document is …

10A NCAC 28A .0210 LIMITATIONS ON REPRESENTATION In order for a professional to be a member of a human rights committee he must agree not to accept a client of the state facility as a private client for remuneration for professional services on the client's behalf during the memb…