subchapter 23c – application for medicaid benefits
SECTION .0100 ‑ APPLICATION PROCESS
10A NCAC 23c .0101 ACCEPTANCE OF APPLICATION
(a) A client shall be allowed to apply without delay.
Without delay is the same day the client appears at the county department of
social services expressing a financial or medical need.
(b) The county department of social services shall not act
to discourage any individual from applying for Medicaid. It shall be
considered discouragement if any employee of the county department of social
services:
(1) requires or suggests the individual wait to
apply until he applies for other benefits or until an application for other
benefits has been approved or denied; or
(2) incorrectly states or suggests the
individual is ineligible for Medicaid; or
(3) gives incorrect or incomplete information
about Medicaid programs; or
(4) requires the individual provide or obtain
any information needed to establish eligibility prior to signing an
application; or
(5) discourages a client from applying and this
is proven by facts to the satisfaction of the county agency or a hearing
officer; or
(6) suggests that the individual make an
appointment to apply when he appears at the agency; or
(7) suggests that the individual complete a
mail-in application when he appears at the agency; or
(8) fails to explain the date of application
when he appears at the agency and requests a mail-in application; or
(9) fails to explain and offer Medicaid to
individuals requesting Work First Employment Services.
(c) The client shall be informed verbally and in writing,
that:
(1) he can apply without delay;
(2) a decision shall be made concerning his
eligibility within 45 calendar days from the date of application for Medicaid,
except for M-AD. For M-AD the application processing standard shall be 90
calendar days from the date of application; and
(3) he shall receive a written decision
concerning his eligibility.
(d) The client shall apply in his county of residence.
(e) The date of the application shall be:
(1) The date the client or his representative
signs the state application form for Medicaid, including Work First, under
penalty of perjury at the county department of social services; or
(2) The date a signed complete state mail-in
application form is received by the county department of social services in the
county of residence. Complete is defined as information that is legible,
signed, submitted to correct county of residence, and has identifying
information for the person applying, including name, mailing address, date of
birth and gender.
(f) If an individual requests assistance by mail, the
letter shall be considered a request for information. Within three workdays
following receipt of the request, the county agency shall mail follow-up
information to the individual. The county agency shall advise the individual
to come to the agency to apply and be interviewed, or if he is unable to come
in person, to contact the agency so other arrangements can be made to take his
application.
(g) If an individual requests assistance by telephone, he
shall be advised to come to the county agency to sign an application and be
interviewed; or, if he is unable to come to the agency in person other
arrangements shall be made to take his application.
(h) If an individual sends in a complete state mail-in
application form, the county department of social services shall use this
application to determine eligibility for Medicaid. A mail-in application form
may be picked up at a local county department of social services or other
locations as determined by the State and county.
(i) An individual or his representative must request a
determination for retroactive SSI Medicaid no later than 60 days from the date
of the SSI Medicaid disposition notice or 90 days if good cause is established.
Good cause exists when:
(1) the applicant does not receive the SSI
Medicaid notice;
(2) the applicant or his representative dies;
(3) the applicant is incapacitated,
incompetent, or unconscious and there is no representative acting on his behalf;
(4) the applicant or spouse, child, parent, or
representative of applicant is hospitalized for an extended period of time; or
(5) the applicant's representative fails to
meet the required time frame.
History Note: Authority G.S. 108A-54; 42 C.F.R. 435.906;
42 C.F.R. 435.907; 42 C.F.R. 435.911; Alexander v. Flaherty, U.S.D.C.,
W.D.N.C., File No. C-C-74-183, Consent Order filed 15 December 1989; Alexander
v. Flaherty Consent Order filed February 14, 1992; Alexander v. Bruton Consent
Order dismissed Effective February 1, 2002;
Eff. September 1, 1984;
Amended Eff. January 1, 1995; April 1, 1993; August 1,
1990;
Temporary Amendment Eff. March 1, 2003;
Amended Eff. August 1, 2004;
Transferred from 10A NCAC 21B .0201 Eff. May 1, 2012.
10A NCAC 23c .0102 face-to-face
INTERVIEW
(a) The county department of social services shall conduct a
face-to-face interview with the client or his representative who appears at the
agency requesting financial or medical assistance. The client may have any
person or persons of his choice participate in the interview. During the
interview, the Income Maintenance Caseworker shall explain the application
process, the client's rights and responsibilities, the programs of public assistance
and the eligibility conditions.
(b) The applicant shall be advised of his right to apply in
more than one program category for which he qualifies and the advantages and
disadvantages of the choices shall be explained.
(c) The client shall be informed of the following:
(1) The client shall be told what information
that he is required to provide, and what third party sources the agency shall
contact to check the information. Third party sources are entities, other than
the client, that can provide verification of information to determine
eligibility.
(2) The client has the right to:
(A) Receive assistance if found eligible;
(B) Be protected against discrimination on the grounds
of race, creed, or national origin by Title VI of the Civil Rights Act of 1964.
He may appeal such discrimination;
(C) Have any information given to the agency kept in
confidence;
(D) Appeal, if he believes the agency's action to deny,
change, or terminate assistance is incorrect, or his request is not acted on
with reasonable promptness;
(E) Reapply at any time, if found ineligible;
(F) Withdraw from the program at any time;
(G) Request the agency's help in obtaining third party
information that he is responsible to provide;
(H) Be informed of all information he must provide and all
alternative sources for obtaining the information.
(3) The client shall:
(A) Provide the county department, state and federal
officials, the necessary sources from which to locate and obtain information
needed to determine eligibility;
(B) Report to the county department of social services
any change in situation that may affect eligibility within 10 calendar days
after it happens. The Income Maintenance Caseworker shall explain the meaning
of fraud and shall inform the applicant that he may be suspected of fraud if he
fails to report a change in situation and that in such situations, he may have
to repay assistance received in error and that he may also be tried by the
courts for fraud;
(C) Inform the county department of social services of
any persons or organization against whom he has a right to recover medical
expenses. When he accepts medical assistance, the applicant shall assign his
rights to third party insurance benefits to the state. The Income Maintenance
Caseworker shall inform the applicant that it is a misdemeanor to fail to
disclose the identity of any person or organization against whom he has a right
to recover medical expenses;
(D) Immediately report to the county department the
receipt of an I.D. card that he knows to be erroneous. If he does not report
such and uses the I.D. card, he shall repay any medical expenses paid in error.
History Note: Authority G.S. 108A-25(b); 108A-57; 42
C.F.R. 435.908; Alexander v. Flaherty, U.S.D.C., W.D.N.C., File No. C-C-74-183,
Consent Order Filed 15 December 1989; Alexander v. Flaherty Consent Order filed
February 14, 1992; Alexander v. Bruton Consent Order dismissed Effective
February 1, 2002;
Eff. September 1, 1984;
Amended Eff. April 1, 1993; August 1, 1990; March 1,
1986;
Temporary Amendment Eff. August 22, 1996;
Amended Eff. August 1, 1998;
Temporary Amendment Eff. March 1, 2003;
Amended Eff. August 1, 2004;
Transferred from 10A NCAC 21B .0202 Eff. May 1, 2012.
10A NCAC 23C .0103 RECOMMENDATION FOR DISPOSITION
(a) When all information necessary to determine eligibility
has been obtained, the Income Maintenance Caseworker shall recommend whether to
approve or to deny assistance. The recommendation shall be based on all
reliable, relevant information.
(b) The authority to approve or deny assistance rests with
the county board of social services. The county board may, by appropriate
resolution recorded in the board minutes, delegate to the county director of
social services the authority to process applications, to determine
eligibility, or to terminate assistance.
History Note: Authority G.S. 108A-54; 42 C.F.R.
435.913;
Eff. September 1, 1984;
Amended Eff. August 1, 1990;
Transferred from 10A NCAC 21B .0205 Eff. May 1, 2012.
10A NCAC 23c .0104 DISPOSITION
(a) Disposition of the application shall complete the
application process and shall consist of one of the following actions:
(1) Approval of assistance;
(2) Denial of assistance;
(3) Denial of assistance for ineligible month
or months of the certification period and approval for eligible month or months
of the certification period; or
(4) Voluntary withdrawal of the application by
the client. The Income Maintenance Caseworker shall not suggest to the client
that he withdraw his application and shall explain alternatives to withdrawal.
The Income Maintenance Caseworker shall explain the client's right to reapply
at anytime.
(b) The county department of social services shall not deny
an application prior to 45 days, or for M-AD, 90 days, except when:
(1) It is established the applicant will not be
able to meet the deductible;
(2) The applicant cannot be located; or
(3) The applicant refuses to cooperate or
provide information to establish eligibility;
History Note: Authority G.S. 108A-54; 42 C.F.R.
435.912; 42 C.F.R. 435.913; Alexander v. Flaherty, U.S.D.C., W.D.N.C., File No.
C-C-74-183, Consent Order filed 15 December 1989; Alexander v. Bruton Consent
Order dismissed Effective February 1, 2002;
Eff. September 1, 1984;
Amended Eff. April 1, 1993; August 1, 1990;
Temporary Amendment Eff. March 1, 2003;
Amended Eff. August 1, 2004;
Transferred from 10A NCAC 21B .0206 Eff. May 1, 2012.
10A NCAC 23C .0105 REFERRALS at a face-to-face interview
For all Medicaid applicants who have a face-to-face
interview at the county department of social services, the Income Maintenance
Caseworker shall explain and make referrals for:
(1) Health Check;
(2) Family planning services;
(3) Food stamps;
(4) Governmental benefits including RSDI, SSI, VA;
(5) Women, Infants and Children Program (WIC);
(6) Carolina ACCESS;
(7) Medicaid Transportation;
(8) Life Line/Link-up;
(9) Health Insurance Premium Payment program; and
(10) Voter Registration.
History Note: Authority G.S. 108A-54; 42 C.F.R. 441.56;
42 U.S.C. 1396a(a); Alexander v. Bruton Consent Order dismissed Effective
February 1, 2002;
Eff. September 1, 1984;
Amended Eff. January 1, 1995; August 1, 1990;
Temporary Amendment Eff. March 1, 2003;
Amended Eff. August 1, 2004;
Transferred from 10A NCAC 21B .0207 Eff. May 1, 2012.
10A NCAC 23C .0106 MANDATORY USE OF OUTREACH LOCATIONS
The county department of social services shall provide for
the acceptance of applications and initial interviews for M-PW and M-IC
coverage groups at certain outreach locations as follows:
(1) disproportionate share acute care hospitals which
serve the coverage groups listed; and
(2) Medicaid enrolled federally qualified health
centers.
History Note: Filed as a Temporary Adoption Eff. July
1, 1991, for a period of 180 days to expire
on December 31, 1991;
Authority G.S. 108A-43; 108A-54; P.L. 101-508;
Eff. January 1, 1992;
Transferred from 10A NCAC 21B .0208 Eff. May 1, 2012.
10A NCAC 23C .0107 hours for accepting financial and
medical assistance applications
The county department of social services must maintain the
same number of operating hours as in February of 2002. Provisions must be made
for acceptance of financial and medical assistance applications if the agency
elects to close for lunch or for other reasons during the week.
History Note: Authority G.S. 108A-54; Alexander v.
Bruton Consent Order dismissed Effective February 1, 2002;
Temporary Adoption Eff. March 1, 2003;
Eff. August 1, 2004;
Transferred from 10A NCAC 21B .0209 Eff. May 1, 2012.
section .0200 – application processing, monitoring and
corrective action
10A NCAC 23C .0201 APPLICATION PROCESSING STANDARDS
(a) The county department of social services shall comply
with the following standards in processing applications:
(1) A decision on an individual's eligibility
for Medicaid shall be made within 45 calendar days from the date of application
for Medicaid except for applications in which a disability determination has
already been made or is needed. For those applications, a decision on an
individual's eligibility shall be made within 90 days from the date of
application. These timeframes shall apply in accordance with 42 CFR 435.911.
(2) Only require information or verification
necessary to establish eligibility for assistance;
(3) Make at least two requests for all
necessary information from the applicant or third party;
(4) Allow at least 12 calendar days between the
initial request and a follow-up request and at least 12 calendar days between
the follow-up request and denial of the application;
(5) Inform the client in writing, and verbally
when possible, of the right to request help in obtaining information requested
from the client. The county department of social services shall not discourage
any client from requesting such help;
(6) An application may pend up to six months
for verification that the deductible has been met or disability established.
(7) When a hearing decision reverses the
decision of the County Department of Social Services on an application, the
application shall be reopened within five working days from the date the final
appeal decision is received by the County Department of Social Services. If no
additional information is needed, the application must be processed within five
additional working days. If additional information is needed pursuant to the
final decision, the county shall make such requests in accordance with rules
for all applications. The first request for the additional information shall
be made within five working days of receipt of the final appeal decision. The
application shall be processed within five workdays of receipt of the last
piece of required information.
(b) The county department of social services shall obtain
verification other than the applicant's statement for the following:
(1) Any element requiring medical
verification. This includes verification of disability, pregnancy, incapacity,
emergency dates for aliens referenced in 10A NCAC 23E .0102(c), incompetence,
and approval of institutional care;
(2) Proof a deductible has been met;
(3) Legal alien status;
(4) Proof of the rebuttal value for resources
and of the rebuttal of intent to transfer resources to become eligible for
Medicaid. When an applicant or recipient disagrees with the determination of
the county department of social services on the value of an asset, then the
applicant/recipient must provide proof of what the value of the asset is;
(5) Proof of designation of liquid assets for
burial;
(6) Proof of legally binding agreement limiting
resource availability;
(7) Proof of valid social security number or
application for a social security number;
(8) Proof of reserve reduction when resources
exceed the allowable reserve limit for Medicaid;
(9) Proof of earned and unearned income,
including deductions, exclusions, and operational expenses when the applicant
or Income Maintenance Caseworker has or can obtain the verification; and
(10) Any other information for which the
applicant does not know or cannot give an estimate.
(c) The county department of social services shall verify
or obtain an item of information when:
(1) A fee must be paid to obtain the
verification;
(2) It is available within the agency;
(3) The county department of social services is
required by federal law to assist or to use interagency or intra-agency
verification aids;
(4) The applicant requests assistance; or
(5) The applicant is physically, mentally, or
otherwise incapable of obtaining the information, or is unable to speak English
or read and write, or is housebound, hospitalized, or institutionalized, and a
representative does not accept responsibility for obtaining the information.
History Note: Authority G.S. 108A-54; 42 C.F.R.
435.911; Alexander v. Flaherty, V.S.D.C., W.D.N.C., File No. C-C-74-183,
Consent Order Filed 15 December 1989; Alexander v. Flaherty Consent Order filed
February 14, 1992; Alexander v. Bruton Consent Order dismissed Effective
February 1, 2002;
Eff. September 1, 1984;
Amended Eff. April 1, 1993; August 1, 1990;
Temporary Amendment Eff. March 1, 2003;
Amended Eff. August 1, 2004;
Transferred from 10A NCAC 21B .0203 Eff. May 1, 2012.
10A NCAC 23C .0202 MONITORING THRESHOLDS AND CORRECTIVE
ACTION
(a) Division of Medical Assistance employees, known as
application monitors, shall review a random sample of applications in all
county departments of social services and the Disability Determination Section
(DDS) of the Division of Vocational Rehabilitation to determine if counties are
denying and withdrawing applications in accordance with federal/state rules.
The application monitors shall also review inquiries where a person comes to
the agency and decides not to make an application to ensure person was given
correct information under federal/state rules. A county and DDS must meet a
monitoring threshold of 80% in each area of denials, withdrawals and inquiries
in order to be found in compliance with federal/state rules.
(b) If the agency falls below the 80% threshold, the agency
must analyze why it fell below 80% and implement a corrective action plan.
(c) The agency or DDS may dispute monitoring findings
within 10 workdays of receipt of findings.
(d) Within 30 calendar days of the final monitoring
results, the agency must take corrective action to reopen cases the application
monitors determine were not handled pursuant to federal/state rules.
History Note: Authority G.S. 108A-54; Alexander v.
Bruton, U.S.D.C., File No. C-C-74-183-M, Consent Order dismissed effective
February 1, 2002;
Temporary Adoption Eff. March 1, 2003;
Eff. August 1, 2004;
Transferred from 10A NCAC 21A .0605 Eff. May 1, 2012.
10A NCAC 23C .0203 timeliness
(a) Every month, each county department of social services
and the Disability Determination Section (DDS) of the Division of Vocational
Rehabilitation shall process applications as follows:
(1) The average processing time (APT) for the
county department of social services shall be 90 days for M-AD and 45 days for
all other aid program categories.
(2) APT for DDS shall be 70 days.
(3) The percentage processed timely (PPT)
standard for county departments of social services: Level I counties must
process 85% of applications within the 45/90 day time standard. Level II and
III counties must process 90% of applications within the 45/90 day time
standard. Counties are classified as Levels I through III based on population
of the county with Level I counties as the smallest in population while Level
III counties are the largest in population size.
(4) PPT standard for DDS: DDS must render a
decision within 70 days on 85% of cases for Level I counties and 90% of cases
for Level II and III counties. For county levels refer to the table below.
COUNTY LEVELS
ALAMANCE (II)
CUMBERLAND (III)
JOHNSTON (II)
RANDOLPH (II)
ALEXANDER (I)
CURRITUCK (I)
JONES (I)
RICHMOND (I)
ALLEGHANY (I)
DARE (I)
LEE (I)
ROBESON (II)
ANSON (I)
DAVIDSON (II)
LENOIR (II)
ROCKINGHAM (II)
ASHE (I)
DAVIE (I)
LINCOLN (I)
ROWAN (II)
AVERY (I)
DUPLIN (II)
MACON (I)
RUTHERFORD (II)
BEAUFORT (II)
DURHAM (III)
MADISON (I)
SAMPSON (II)
BERTIE (I)
EDGECOMBE (II)
MARTIN (I)
SCOTLAND (II)
BLADEN (I)
FORSYTH (III)
MCDOWELL (I)
STANLY (I)
BRUNSWICK (II)
FRANKLIN (I)
MECKLENBURG (III)
STOKES (I)
BUNCOMBE (III)
GASTON (III)
MITCHELL (I)
SURRY (II)
BURKE (II)
GATES (I)
MONTGOMERY (I)
SWAIN (I)
CABARRUS (II)
GRAHAM (I)
MOORE (II)
TRANSYLVANIA (I)
CALDWELL (II)
GRANVILLE (I)
NASH (II)
TYRRELL (I)
CAMDEN (I)
GREENE (I)
NEW HANOVER (III)
UNION (II)
CARTERET (II)
GUILFORD (III)
NORTHAMPTON (I)
VANCE (II)
CASWELL (I)
HALIFAX (II)
ONSLOW (II)
WAKE (III)
CATAWBA (III)
HARNETT(II)
ORANGE (II)
WARREN (I)
CHATHAM (I)
HAYWOOD (II)
PAMLICO (I)
WASHINGTON (I)
CHEROKEE (I)
HENDERSON (II)
PASQUOTANK (I)
WATAUGA (I)
CHOWAN (I)
HERTFORD (I)
PENDER (I)
WAYNE (II)
CLAY (I)
HOKE (I)
PERQUIMANS (I)
WILKES (II)
CLEVELAND (II)
HYDE (I)
PERSON (I)
WILSON (II)
COLUMBUS (II)
IREDELL (II)
PITT (II)
YADKIN (I)
CRAVEN (II)
JACKSON (I)
POLK (I)
YANCEY (I)
(b) If a county department of social services fails to meet
the standards in Paragraph (a) of this Rule, the county shall analyze the
reason for failure, document findings and work with the Medicaid Program
Representative (MPR) to achieve corrective action. The MPR is a Division of
Medical Assistance employee.
(c) Failure to meet the time standards in Paragraph (a) of
this Rule, monthly shall result in corrective action to alleviate problems as
outlined in Rules .0204 and .0205 of this Section. Once eligibility is
determined except for the following requirements:
(1) sufficient medical expenses to meet a
deductible; or
(2) the determination of need for
institutionalization; or
(3) the plan of care for the home and community
based waivers; or
(4) the disability decision made by the
Disability Determination Section; or
(5) medical records needed to determine
emergency dates for non-qualified aliens;
days shall be
excluded from the time standard of 45 or 90 days. Days in the time standard
are again included when the items in Subparagraph (c)(1) through (5) are
received until the application is completed with a written notice to the
applicant. When the 45/90th day falls on a weekend or holiday, the
next workday in the month is considered the 45/90th day.
History Note: Authority G.S. 108A-54; Alexander v.
Bruton, U.S.D.C., File No. C-C-74-183-M, Consent Order dismissed effective
February 1, 2002;
Temporary Adoption Eff. March 1, 2003;
Adoption Eff. August 1, 2004;
Transferred from 10A NCAC 21A .0606 Eff. May 1, 2012.
10A NCAC 23C .0204 local corrective action team
(a) The Assistant Director for Recipient and Provider
Services (R&PS) in the Division of Medical Assistance shall determine that
a Local Corrective Action Team is needed when the county department of social
services (DSS) is out of compliance with the monitoring or APT or PPT
processing thresholds in any category for three consecutive months, or, five
months out of any 12 consecutive months. The Local Corrective Action Team shall
include the Medicaid Program Representative and any additional state staff
identified by the Assistant Director for R&PS, the county department of
social services director and any county staff the county director designates,
the county manager or the chair of the county board of commissioners as
selected by the county director, a member of the general public as selected by
the county director, the social services board chairman or other board member
for the county as selected by the county director, and an independent
management consultant at the option and expense of the county.
(b) A Local Corrective Action Team shall not convene when:
(1) All failures are attributable to DDS.
(2) It is determined by DMA Assistant Director
for Recipient and Provider Services that the reasons for non-compliance have
been or are being corrected.
(3) Budgetary constraints decided by DMA
Assistant Director for R&PS do not allow travel for the purpose of
convening a corrective action team. Conference calls shall be held by the DMA
Assistant Director for R&PS when travel is not allowed as determined by
State officials due to fiscal constraints.
(c) The Local Corrective Action Team may design any remedy
reasonable and necessary to bring the DSS into compliance with application
processing requirements as in 10A NCAC 21B .0204 and this Subchapter.
(d) The Team shall establish a corrective action plan
within 40 calendar days of notice from the Assistant Director of Recipient and
Provider Services to the county director of social services that a local
corrective action team was required, and a date for compliance with the plan
shall be set. The corrective action plan must be submitted to the Assistant
Director for R&PS. The county must meet the thresholds in 10A NCAC 23C
.0203(a) within three months after the date the compliance plan was required to
be established.
(e) Failure of a county to take corrective action, or meet
compliance thresholds shall result in a referral by the Division of Medical
Assistance to a State Corrective Action Team, unless the State Corrective
Action Team grants an extension, not to exceed three months, for the county to
meet the thresholds. In determining if an extension shall be granted, the
State Corrective Action Team shall receive a recommendation from the Division
of Medical Assistance to grant an extension based on the Division's assessment
that the county is taking action to comply with the corrective action plan.
The State Corrective Action Team shall be formed by the Secretary for the
Department of Health and Human Services based on a request from the Division of
Medical Assistance. The State Corrective Action Team shall consist of a representative
from the Department of Health and Human Services appointed by the Secretary, a
representative of the NC Association of County Commissioners, two
representatives from county departments of social services, excluding the
county in question, appointed by the presidents of the following associations:
NC Social Services Association, NC Association of County Directors of Social
Services, and the NC Association of County Boards of Social Services, the
chairman of the Board of Legal Services of North Carolina or his designee, a
recipient of Medicaid appointed by the Secretary, and a representative of the
Institute of Government.
History Note: Authority G.S. 108A-54; Alexander v.
Bruton, U.S.D.C., File No. C-C-74-183-M, Consent Order dismissed effective
February 1, 2002;
Temporary Adoption Eff. March 1, 2003;
Eff. August 1, 2004;
Transferred from 10A NCAC 21A .0607 Eff. May 1, 2012.
10A NCAC 23C .0205 state corrective action team
(a) A State Corrective Action Team shall be convened by the
Chairperson within 10 days when:
(1) The county department of social services
(DSS) has failed to meet the compliance thresholds by the date established by
the local corrective action team.
(2) A local corrective action team requests an
extension of time, not to exceed three months, to meet the compliance
thresholds.
(3) DDS fails to meet its compliance thresholds
for three consecutive months or five out of 12 consecutive months.
(b) The State Corrective Action Team may design any remedy
reasonable and necessary to bring the DSS or DDS into compliance with
application processing requirements in 10A NCAC 21B .0204 and this Subchapter.
This includes employing additional staff, altering office procedures (such
procedures must be consistent with federal and state regulations, laws and
Departmental rules), purchasing office equipment, retaining private
consultants, reopening of cases, ordering retroactive relief to applicants
harmed by violation of application processing requirements, and ordering the
State to assist in the operation of a county department.
(c) The State Corrective Action Team shall establish a
corrective action plan for the DSS or DDS within 45 calendar days of
convening. A date for compliance shall be established. The county or DDS must
meet the thresholds in 10A NCAC 23C .0203(a) within three months after the date
the team was convened.
(d) Failure to achieve compliance shall result in a request
from the Division of Medical Assistance to the Local Government Commission to
assess and determine the capacity of the county to expend resources to bring
the county into compliance.
History Note: Authority G.S. 108A-54; Alexander v. Bruton,
U.S.D.C., File No. C-C-74-183-M, Consent Order dismissed effective February 1,
2002;
Temporary Adoption Eff. March 1, 2003;
Eff. August 1, 2004;
Transferred from 10A NCAC 21A .0608 Eff. May 1, 2012.
