subchapter 71C – adult placement services
SECTION .0100 - SERVICE REQUIREMENTS
10A NCAC 71C .0101 INTAKE AND SCREENING
(a) The initial request or referral must be screened to
determine whether the potential client appears to be in the target population
codified in 10A NCAC 71R .0919, which is incorporated by reference, including
subsequent amendments and editions. Copies of this Rule may be obtained from
the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, (919) 733-2678, at a cost of two dollars and fifty cents ($2.50)
for up to ten pages and fifteen cents ($.15) for each additional page at the
time of the adoption of this Rule. Documentation must reflect how the criteria
in the target population were determined to be met.
(b) When Adult Placement Services are requested, an
application must be made in accordance with 10A NCAC 71R .0400, which is
incorporated by reference, including subsequent amendments and editions.
Copies of this Rule may be obtained from the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699-6714, (919) 733-2678, at a cost of
two dollars and fifty cents ($2.50) for up to ten pages and fifteen cents
($.15) for each additional page at the time of the adoption of this Rule. An
application is not required when the only services provided are information
regarding placement options and procedures, referral to a more appropriate
resource, or consultation with another service provider.
(c) If an application for Adult Placement Services has been
made by a responsible party for an individual who then refuses these services,
this refusal must be honored. The social worker must offer other services and
accept an application or make a referral for other services as requested by the
client. If, however, Adult Placement Services or other services are authorized
by one of the following legal surrogate decision-makers or by a court order,
the service will be provided as requested:
(1) a legally appointed guardian of the person
or general guardian;
(2) an attorney-in-fact appointed in a durable
Power of Attorney, which grants relevant duties and is in effect; or
(3) a health care agent appointed in a Health
Care Power of Attorney, which grants relevant duties and is in effect.
If there is reasonable cause to believe during the intake
and screening, assessment, service planning or provision of any services that
the individual is an abused, neglected or exploited disabled adult in need of
protective services, an Adult Protective Services referral must be made. If
there are indications that the individual may be incompetent as defined in G.S.
35A-1101(7) and needs a guardian to facilitate the provision of services, a
social worker will explore options with the referral source, family members or
within the agency for facilitating incompetency proceedings and the appointment
of a guardian.
History Note: Authority G.S. 143B-153;
Eff. March 1, 1994.
10A NCAC 71C .0102 ASSESSMENT AND
SUPPORTIVE COUNSELING
(a) A thorough assessment must be conducted of the client's
situation, including strengths and limitations in the following areas:
(1) physical health;
(2) mental health;
(3) social system;
(4) activities of daily living and instrumental
activities of daily living;
(5) economic and financial circumstances; and
(6) environment.
(b) With the exception of the circumstances listed below
the client must be seen personally by the social worker as many times as is
necessary to do a thorough assessment in the six areas, but a minimum of one
time. The personal contact may be in a setting other than the client's home,
if the client or others can provide the necessary information for an assessment
of the client's living environment, and, if during the course of the
assessment, it does not appear that in-home services will be needed or
appropriate as an alternative to placement or as an interim service plan.
(c) For the following situations, an assessment must be
done as thoroughly as possible with information and resources available to the
social worker, without requiring personal contact with the client to complete
the assessment.
(1) a client who is not currently living in the
county in which the application is made;
(2) a client who is in an emergency situation,
where a placement is needed quickly and personal contact would be a barrier to
achieving a quick placement;
(3) a client whose case is being transferred
within the agency or referred by another service provider or facility, and an
assessment which addresses all six functional areas is available. This
assessment must be updated to reflect current information.
(d) Documentation must reflect the reason the client was
not seen personally in conducting the assessment.
History Note: Authority G.S. 143B-153;
Eff. March 1, 1994;
Amended Eff. March 1, 1995.
10A NCAC 71C .0103 SERVICE PLANNING
A service plan must be developed which addresses problems
identified during the assessment and which takes into account client and family
strengths and goals. The client must be involved in the service planning
process as much as he is capable of doing so. The service plan must document
activities to meet goals.
History Note: Authority G.S. 143B-153;
Eff. March 1, 1994.
10A NCAC 71C .0104 PRE-PLACEMENT PROCEDURES
(a) The county department of social services is responsible
for facilitating the completion and prior approval of FL-2, MR-2 and
Pre-Admission Screening and Annual Resident Review (PASARR) Level I screening forms
for clients receiving Adult Placement Services by following procedures codified
in 10A NCAC 13G .0702, 10A NCAC 22A .0101, 10A NCAC 22O .0108 and .0114, 10
NCAC 22B .0201 and .0202, and the regulations for Pre-Admission Screening and
Annual Resident Review from the Omnibus Budget Reconciliation Acts (0BRA) of
1987 and 1990 published in the Federal Register, Volume 57, No. 230, pages
56450-56514, November 30, 1992. 10A NCAC 13G .0702, 22A .0101, 22O .0108 and
.0114, 22B .0201 and .0202, and the regulations for Pre-Admission Screening and
Annual Resident Review are incorporated by reference, including subsequent
amendments and editions. Copies of these Rules may be obtained from the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714,
(919) 733-2678, at a cost of two dollars and fifty cents ($2.50) for up to ten
pages and fifteen cents ($.15) for each additional page at the time of the
adoption of this Rule. Copies of pages 56450-56514 of Volume 57, No. 230 of
the Federal Register may be obtained from the Performance Reporting and
Automation Branch, NC Division of Social Services, 325 N. Salisbury Street,
2415 Mail Service Center, Raleigh, NC 27699-2415, (919) 733-4530, at a cost of
ten cents ($.10) per page at the time of adoption of this Rule.
(b) The facilitation of FL-2, MR-2 and PASARR form
completion can be accomplished by informing the client, family or other
representative of procedures for getting the forms completed and following up
to see that the procedures are followed. If the client is not able to follow
the procedures and has no family or representative able or willing to do so,
the social worker must work more directly with the physician or other health
care provider to get the form(s) completed. This includes assisting the client
in locating resources for completion of the form, including transportation and
a physician.
(c) A Consent for the Release of Information must be
obtained for every client who is receiving Adult Placement Services. The
consent must be obtained according to rules codified in 10A NCAC 69, which are
incorporated by reference, including subsequent amendments and editions.
Copies of these Rules may be obtained from the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, (919) 733-2678, at
a cost of two dollars and fifty cents ($2.50) for up to ten pages and fifteen
cents ($.15) for each additional page at the time of the adoption of this Rule.
(d) Social work staff must inform applicants for Adult
Placement Services of the availability of State/County Special Assistance for
Adults or Medicaid to cover the cost of care in a facility, and the procedures
for making an application if they are interested and have not already applied.
(e) Local agency procedures must be established to assure
that FL-2, MR-2, and PASARR (Level I screening or notice of final
determination) forms are shared among income maintenance and social work staff
when they have mutual clients.
(f) The social worker must coordinate with income
maintenance staff regarding the eligibility of clients receiving Adult
Placement Services, and must assist the client, family or representative in
following procedures to establish eligibility for income maintenance programs
as needed to facilitate placement or other services.
History Note: Authority G.S. 143B-153;
Eff. March 1, 1994.
10a NCAC 71C .0105 LOCATING A BED AND SECURING PLACEMENT
(a) Social workers in the county departments of social
services are responsible for assisting clients who are receiving Adult
Placement Services and their families or representatives to locate available
beds in substitute homes, residential health care facilities, or independent
housing in the community with services and charges suitable to their needs.
(1) County departments are not allowed to make
referrals to or participate in plans for placing individuals in domiciliary
homes, nursing facilities, or any other facility placement arrangements which
do not comply with the Civil Rights Act of 1964, or to provide Adult Placement
Services to individuals residing in those homes or facilities.
(A) A list of all licensed domiciliary homes, and group
homes operated by or under contract with area mental health authorities which
have signed a Civil Rights Compliance Statement are published quarterly by the
Adult and Family Services Section of the Division of Social Services. This
list may be obtained at no cost by contacting the Adult and Family Services
Section at (919) 733-7145 or 325 N. Salisbury Street, 2405 Mail Service Center, Raleigh, NC, 27699-2405.
(B) A list of licensed health care facilities which are
Medicaid or Medicare certified, and therefore have signed a statement of
compliance with the Civil Rights Act of 1964, is available from the
Certification Section of the Division of Health Service Regulation by request.
This list may be obtained at no cost by contacting the Licensure and
Certification Section at (919) 733-7461 or 2711 Mail Service Center, Raleigh, NC, 27699-2711.
(C) In addition to procedures in Parts (a)(1)(A) and (B)
of this Rule, the inclusion of a statement of compliance with the Civil Rights
Act of 1964 in the home or facility's admissions policies, or the posting of a
Medicaid or Medicare certification in a nursing home, will indicate compliance.
(2) If the social worker cannot determine
compliance with the Civil Rights Act of 1964 according to Parts (a)(1)(A), (B),
or (C) of this Rule, referrals, planning for placement, and services to
individuals in those homes or facilities must not be provided.
(b) When an available and appropriate placement for a
client has been located, the social worker will assist the client and his
family or representative in planning for and facilitating the admissions
process. If the client, family or representative is not able or willing to
follow admissions procedures, the social worker will provide more direct
assistance as needed to facilitate the placement.
(c) The social worker must coordinate with income
maintenance staff (if applicable) to assure that eligibility for State/County
Special Assistance for Adults or Medicaid is established, assure that there is
an understanding between the facility and client about how payment will be
made, or assist the client in making alternate arrangements prior to the date
of placement.
History Note: Authority G.S. 143B-153;
Eff. March 1, 1994.
10A NCAC 71C .0106 POST-PLACEMENT ADJUSTMENT
(a) County departments of social services are responsible
for providing or facilitating services to assist clients receiving Adult
Placement Services to adjust to their placements or independent settings. This
includes clients for whom the county department has facilitated placement
arrangements as well as clients already living in facilities who request or are
referred for services.
(b) Adjustment services include psychosocial adjustment as
well as assuring that supportive services and financial arrangements are in
place.
(c) These services may be facilitated by assuring that
another agency, facility staff member, family member or other representative is
assisting the client with adjustment. If another agency, facility staff
member, family member or representative is not assisting the client, the social
worker will provide these services until a satisfactory adjustment has been
made or until alternate services are in place for the client. The county department
must provide or facilitate adjustment services a minimum of 30 days after the
client's admission or relocation to a facility or other living arrangement.
History Note: Authority G.S. 143B-153;
Eff. March 1, 1994.
10A NCAC 71C .0107 TERMINATION OF ADULT PLACEMENT SERVICES
(a) Prior to Adult Placement Services being terminated, the
social worker must review available information and make contacts with
significant persons to determine whether services need to be continued, and to
reach closure with the client and involved parties. If there are no
identifiable client needs that can be addressed by the agency, or those needs
are being met by another party, Adult Placement Services may be terminated in
accordance with policies codified in 10A NCAC 71R .0600, which is incorporated
by reference, including subsequent amendments and editions. Copies of this
Rule may be obtained from the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714, (919) 733-2678, at a cost of two
dollars and fifty cents ($2.50) for up to ten pages and fifteen cents ($.15)
for each additional page at the time of the adoption of this Rule. If Adult
Placement Services have been ordered by the court under Adult Protective
Services, services will terminate when the order expires.
(b) Contacts may be made in person, by telephone, or by
letter but must allow for sufficient information to be obtained to make a
determination about the need for services.
(c) Documentation must reflect the contacts which were made
to make the determination.
History Note: Authority G.S. 143B-153;
Eff. March 1, 1994.
10A NCAC 71C .0108 COORDINATION WITH OTHER SERVICE
PROVIDERS
Documentation in the client's case record must include
information about other agencies or service providers who are known to be
involved with the client. If any of those parties are involved in placement,
adjustment, or relocation services with the client, documentation must reflect
how these services are being coordinated so as not to duplicate efforts. If
the placement social worker in the department of social services is the most
appropriate or only source of assistance, and the client meets the criteria in
the target population in 10A NCAC 71R .0919, an application must be made in
accordance with 10A NCAC 71R .0400 and Adult Placement Services provided. 10A
NCAC 71R .0919 and .0400 are incorporated by reference, including subsequent
amendments and editions. Copies of these Rules may be obtained from the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714,
(919) 733-2678, at a cost of two dollars and fifty cents ($2.50) for up to ten
pages and fifteen cents ($.15) for each additional page at the time of the
adoption of this Rule.
History Note: Authority G.S. 143B-153;
Eff. March 1, 1994.