Section .0100 – Real Property

Link to law: http://reports.oah.state.nc.us/ncac/title 10a - health and human services/chapter 01 - departmental rules/subchapter c/subchapter c rules.html
Published: 2015

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subchapter 01c - property

 

SECTION .0100 – real PROPERTY

 

10a NCAC 01c .0101       RENT

The rental rate for all state‑owned residential units

shall be set at their fair market value.

 

History Note:        Authority G.S. 143B‑10; 143B‑29.1;

Eff. February 1, 1976;

Amended Eff. January 1, 1986; July 1, 1985.

10A NCAC 01C .0102       UTILITIES

(a)  The tenant residing in state‑owned residential

units shall assume total responsibility for the cost of all utilities. Where

feasible, the tenant shall purchase electricity, telephone, fuel, water and

sewer service from local, commercially‑owned utility companies.

(b)  Where it is not possible to purchase utilities from

local companies, electricity will be furnished and metered by the institution

and the tenant billed accordingly.  The cost will be calculated based on the

published prevailing residential or commercial rate, whichever is applicable,

as approved by the North Carolina Utilities Commission and charged by the local

utility company.

(c)  The employee shall be billed at a fixed rate adjusted

annually to cover the actual cost for water, sewer, trash collection or yard

maintenance, as appropriate.  Payment for these services shall be made directly

to the institution providing the service.

 

History Note:        Authority G.S. 143B‑10;

Eff. February 1, 1976;

Amended Eff. January 1, 1986.

 

10A NCAC 01C .0103       SERVICES NOT PROVIDED

(a)  Institutions shall not sell heating fuel to tenants.

(b)  Local telephone service shall not be provided to a

tenant by the institutions.

(c)  Laundering of employees' personal effects shall not be

provided by the institutions.

(d)  Tenants are responsible for the orderly upkeep of their

yards.

 

History Note:        Authority G.S. 143B‑10;

Eff. February 1, 1976.

 

SECTION .0200 ‑ rEIMBURSEMENT

 

10A NCAC 01C .0201       ADMISSIONS

(a)  Priority for admission to facilities under the

Department of Human Resources will be given to the indigent where documentary

evidence is furnished to prove such indigency.

(b)  Other North Carolina residents who otherwise qualify

and who are willing and able to pay will be admitted for treatment.

(c)  Parents or adoptive parents having patients under

civilian health and medical program of the uniformed services will be

considered as North Carolina residents.

(d)  With the exception of emergencies, priority of

admission for treatment to alcoholic rehabilitation centers will be given to

first and second admission patients, unless all previous obligations have been

met or satisfactory arrangements made.

 

History Note:        Authority G.S. 143B‑10;

Eff. February 1, 1976.

 

10A NCAC 01C .0202       COST AND CHARGES

(a)  Payment will be required in full from all patients who

are able to pay and from others on an ability to pay basis by guidelines

established by the Secretary of Human Resources.

(b)  Charges may be set on an overall per diem basis in a

single treatment facility or, in cases where facilities have different

treatment programs, a charge may be set for each separate program.

(c)  Charges for each treatment facility shall be set on the

basis of allowable cost.

(d)  Charges may be raised or lowered as cost would indicate

on a quarterly basis.

(e)  The above charge determination will be used until such

time as the Department of Human Resources establishes rate schedules based on

the actual treatment received by the individual to be determined by cost

accounting.

(f)  Charges for respite care of inpatient children shall be

no more than the cost of keeping a normal child at home on an ability to pay

basis. Various sources such as the United States Department of Agriculture and Department

of Labor are used in determining this cost.

(g)  Charges for day care where no medical treatment is

involved shall be handled as respite care.

(h)  Charges for day hospital care shall be based on cost.

(i)  Parents who reside out of state and have a child

receiving treatment at a North Carolina facility shall be charged the full cost

of treatment and such charges will continue when the patient attains age 18.

 

History Note:        Authority G.S. 143‑118; 143B‑10;

Eff. February 1, 1976;

Amended Eff. November 1, 1989; January 1, 1977.

 

10A NCAC 01C .0203       ADMISSION INTERVIEW

(a)  There shall be an interview with the patient or person

responsible for the patient during which financial data concerning income,

assets, liabilities as well as total family situation shall be gathered.

(b)  Information shall be gathered by an interviewer in the

reimbursement office, in private.

(c)  The interview will be accomplished as soon as possible

after admission, although a definite rate may not be determined for several

days.

 

History Note:        Authority G.S. 143‑118(a); 143‑119(b);

143‑119(c);

Eff. February 1, 1976.

 

10A NCAC 01C .0204       DETERMINING ABILITY TO PAY

(a)  Ability to pay will be determined by the interviewer

who uses guidelines developed by the Secretary of the Department of Human

Resources.

(b)  Guidelines should be as guides and not firm policy.

(c)  Many cases reveal that there are hardship or extraneous

conditions not covered by the guidelines.  There are also cases where there are

considerable non‑income producing real property or low‑income

producing personal assets.

(d)  Guidelines should be reviewed periodically.

(e)  Guidelines and policies are developed for each type of

institution and guidelines take into consideration income, assets both real and

personal, the number and ages of dependents, whether or not the dependents are

attending college, and financial obligations.  Also much consideration is given

to the length of stay in the institution.

 

History Note:        Authority G.S. 143‑118(d);

Eff. February 1, 1976.

 

10A NCAC 01C .0205       COMPROMISE OF ACCOUNTS

(a)  Accounts may be compromised where there is an

outstanding balance and the responsible party does not have the ability to pay

the account or where the ability to pay is insufficient to cover the full

charge.

(b)  Institutional directors are authorized upon request

from a payor to compromise past due accounts in an amount under ten thousand

dollars ($10,000).

(c)  When an institution has received a request for a

compromise of a past due account for an amount of ten thousand dollars

($10,000) or more the institution will gather all pertinent information and

submit it to the appropriate board or commission through the Division Director.

(d)  If a payor is dissatisfied with the decision of the

Board or Commission he may request a review by the Secretary of the Department

of Human Resources through the Controller of the Department of Human

Resources.  If satisfaction is not reached at this point, the Attorney General

may be requested to review and bring action either in the Superior Court of Wake County or in the county where the institution is located.

 

History Note:        Authority G.S. 143‑118; 143B‑10;

Eff. February 1, 1976;

Amended Eff. November 1, 1989; July 1, 1980.

 

10A NCAC 01C .0206       LEGAL QUESTIONS

Questions concerning the legality of charges assessed by a

facility should be addressed to the facility director or the Director of the

Division of Budget and Analysis.

 

History Note:        Authority G.S. 143‑118; 143B‑10;

Eff. February 1, 1976;

Amended Eff. July 1, 1985; July 1, 1980.

 

SECTION .0300 – REPAIR/REPLACEMENT OF PERSONAL PROPERTY

 

10A NCAC 01C .0301       DEFINITIONS

As contained in this Section, the following terms have the

following meanings:

(1)           "Client" means any person who is under

the supervision of a Department of Human Resources facility for purposes of

treatment, habilitation or education;

(2)           "Employee" means an individual hired on a

temporary part‑time, or full‑time basis by the Department of Human

Resources facility;

(3)           "Facility" means a hospital, center,

institution or school operated by the Department of Human Resources; and

(4)           "Volunteer" means an individual certified

or accepted by the facility to perform assigned duties for the facility without

remuneration for time spent in the performance of these duties.

 

History Note:        Authority G.S. 143‑127.2;

Eff. June 1, 1987.

 

10A NCAC 01C .0302       CRITERIA FOR DETERMINING REIMBURSEMENT

ELIGIBILITY

Prior to issuing reimbursements to facility employees,

volunteers, or clients for personal property damaged or stolen by facility

clients, the facility director or designee must prepare a written report,

including the following information:

(1)           facts supporting a conclusion that the client,

employee or volunteer is eligible to seek reimbursement under the requirements

of G.S. 143‑127.2;

(a)           for employees and volunteers, this includes

written findings that the damage or theft occurred within the scope of their

employment or volunteer duties and that the item(s) damaged or stolen was

necessary to the performance of those assigned duties;

(b)           for clients, this includes written findings

that the item(s) was damaged or stolen while the client was under the

supervision of the facility and that the item(s) was a necessary part of the

treatment, habilitation, or education environment as determined by personnel

responsible for treatment, habilitation, or education decisions concerning the

client.

(2)           facts supporting a conclusion that the employee,

volunteer or client is eligible for reimbursement under G.S. 143‑127.3;

(3)           facts supporting a conclusion that the requirements

of G.S. 143‑127.4 have been met.  In documenting compliance with this

provision, the facility shall specify the efforts made to recover the

reimbursement cost from insurance, the client or other sources as applicable;

and

(4)           a description of the item damaged or stolen and

evidence as to its repair/replacement value less normal depreciation.

 

History Note:        Authority G.S. 143‑127.2; 143‑127.3;

143‑127.4;

Eff. June 1, 1987.

 

10A NCAC 01C .0303       LIMITATION ON REIMBURSEMENT

Reimbursement may not exceed two hundred dollars ($200.00)

per incident.  In applying the reimbursement limitations set out in G.S. 143‑127.5,

the five hundred dollars ($500.00) per year limitation shall apply to

volunteers and clients as well as employees and shall be calculated using the

state fiscal year.

 

History Note:        Authority G.S. 143‑127.2; 143‑127.5;

Eff. August 1, 1987.

 

10A NCAC 01C .0304       PROCEDURE FOR REQUESTING REIMBURSEMENT

The division/facility director shall determine the procedure

for seeking reimbursement subject to the following limitations:

(1)           a written account of the incident which resulted in

the request shall be prepared by the employee, volunteer, or client (or client

representative) and presented to the facility director or designee within 48

hours of the time that the employee, volunteer, or client becomes aware of the

incident.  If a client requests assistance from facility staff in preparing

this account, the assistance shall be provided to the client;

(2)           the written account must include:

(a)           a brief description of the incident

including date, time, place and individuals involved; and

(b)           a description of the item(s) for which

reimbursement is sought, including cost, age, and in the case of damaged

property, a description of the damage.  Damaged articles must be made available

for inspection by facility personnel at the request of the facility.

 

History Note:        Authority G.S. 143‑127.2;

Eff. June 1, 1987.

 

10A NCAC 01C .0305       RESPONSE TO REQUEST AND APPEAL RIGHTS

(a)  Within 30 days of receipt of a completed request for

reimbursement, the facility director or designee shall respond to the request

for reimbursement.

(b)  If no response is received or if a negative response is

received, the employee, volunteer, or client may file a request for

reconsideration with the division director or designee.  The facility director

shall forward all pertinent information to the division director or designee

for review within ten days of receipt of a request for that information.

(c)  Within 15 days of receipt of the request for

reconsideration, the division director or designee shall issue a response to

the request.  If no response or a negative response is received, the employee,

volunteer, or client may then request a contested case hearing in accordance

with G.S. 150B‑23 by submitting a petition for hearing to the Office of

Administrative Hearings.  The final administrative decision shall be issued by

the Director, Division of Budget and Analysis or designee. Nothing in this

Section shall be construed as superseding the requirements of G.S. 143‑127.5

that payment of any claim for reimbursement shall be subject to the

identification of funds by the facility to cover the cost of reimbursement.

 

History Note:        Authority G.S. 143‑127.2; 143‑127.5;

143‑127.6; 150B‑23;

Eff. June 1, 1987.

 

10A NCAC 01C .0306       NOTICE

Clients shall be made aware of the potential liability under

G.S. 143, Article 7A.

 

History Note:        Authority G.S. 143‑127.2;

Eff. June 1, 1987.