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.
