chapter 13 – NC medical care commission

 

subchapter 13A – executive committee

 

section .0100 – executive committee

 

10A NCAC 13A .0101       EXECUTIVE COMMITTEE

(a)  There shall be an executive committee of the North

Carolina Medical Care Commission composed of five members of the commission in

addition to the chairman and vice‑chairman of the commission.  Three

members shall be appointed by a vote of the commission at the December meeting

of each odd year and two members shall be appointed by the chairman of the

commission at the December meeting of each even year.  No member of the

executive committee, except the chairman and vice‑chairman, shall serve

more than two two‑year terms in succession.  The chairman and vice‑chairman

of the commission shall also be chairman and vice‑chairman of the

executive committee.

(b)  The functions of the executive committee shall be to:

(1)           transact business in behalf of the

commission, consistent with established policy, which in the opinion of the

chairman is of such urgency that action is required before the next regularly

scheduled commission meeting and the impact of the action would not justify the

convening of a special meeting of the commission;

(2)           transact business in behalf of the

commission when a quorum is not obtained at any commission meeting for which

prior notice of at least ten days has been given;

(3)           review periodically the activities of the

commission and the assignments and recommendations of the various committees

for the purpose of developing policy recommendations for commission

consideration.

(c)  All actions of the executive committee shall be

reviewed at the next commission meeting and if disagreement is expressed by a

simple majority of the members present and voting at any commission meeting in

which a quorum is present, the functions of the executive committee shall be

suspended until resolved by later action of the commission.

(d)  The initial approval of all projects under the Health

Care Facilities Finance Act must be given by a quorum of the full commission.

(e)  A quorum of the executive committee shall consist of at

least four members of the executive committee.

 

History Note:        Authority G.S. 131A‑4; 143B‑165;

143B‑166;

Eff. January 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive

public interest Eff. March 22, 2015.

SECTION .0200 ‑ RULEMAKING

 

10A NCAC 13A .0201       PETITIONS

(a)  Any person wishing to submit a petition requesting the

adoption, amendment or repeal of a rule by the North Carolina Medical Care

Commission shall address the petition to Office of the Director, Division of

Health Service Regulation, 2701 Mail Service Center, Raleigh, North Carolina, 27699-2701.

(b)  The petition shall contain the following information:

(1)           either a draft of the proposed rule or a

summary of its contents and the statutory authority for the agency to

promulgate the rule;

(2)           reason for proposal;

(3)           effect on existing rules or orders;

(4)           any data supporting the proposal;

(5)           effect of the proposed rule on existing

practices in the area involved, including cost factors, if known;

(6)           names of those most likely to be affected

by the proposed rule, with addresses, if known;

(7)           name(s) and address(es) of petitioner(s).

(c)  The Chairman of the Medical Care Commission will

determine, based on a study of the facts stated in the petition, whether the

public interest will be served by granting the petition.  He will consider all

the contents of the submitted petition, plus any additional information he

deems relevant.

(d)  Within 30 days of submission of the petition, the

Chairman will render a final decision.  If the decision is to deny the petition,

the Chairman will notify the petitioner in writing, stating the reasons for the

denial.  If the decision is to approve the petition, the Chairman will initiate

a rulemaking proceeding by issuing a rulemaking notice, as provided in these

rules.

 

History Note:        Authority G.S. 143B‑165; 150B‑16;

Eff. February 1, 1976;

Readopted Eff. December 19, 1977;

Amended Eff. November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. March 22, 2015.

 

10A NCAC 13A .0202       RULEMAKING PROCEDURES

(a)  The rulemaking procedures for the Secretary of the

Department of Health and Human Services codified in 10A NCAC 01 are hereby

adopted by reference pursuant to G.S. 150B‑14(c) to apply to the actions

of the Commission, with the following modifications:

(1)           Correspondence related to the Commission's

rulemaking actions shall be submitted to:

 

APA/Rule-making

Coordinator

Office of the

Director

Division of Health

Service Regulation

2701 Mail Service Center

Raleigh, North Carolina 27699-2701

 

(2)           The Secretary's designee shall mean the

Director of the Division of Health Service Regulation (hereinafter referred to

as the Division).

(3)           The "Division" shall be

substituted for the "Office of General Counsel" in 10A NCAC 01.

(4)           "Hearing officer" shall mean the

Chairman of the Medical Care Commission or his designee.

(b)  Copies of 10A NCAC 01 may be inspected in the Division

at the address shown in (a)(1) of this Rule.  Copies may be obtained from the

Office of Administrative Hearings, 424 North Blount Street, Raleigh, North Carolina, 27601.

 

History Note:        Authority G.S. 143B‑165; 150B‑11;

150B‑14;

Eff. November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. March 22, 2015.

 

10A NCAC 13A .0203       DECLARATORY RULINGS

(a)  The Commission shall have the power to make declaratory

rulings. All requests for declaratory rulings shall be written and submitted

to:  Chairman, Medical Care Commission, 2701 Mail Service Center, Raleigh, North Carolina, 27699-2701.

(b)  All requests for a declaratory ruling must include the

following information:

(1)           name and address of the petitioner;

(2)           statute or rule to which petition relates;

(3)           concise statement of the manner in which

petitioner is aggrieved by the rule or statute or its potential application to

him;

(4)           the consequences of a failure to issue a

declaratory ruling.

(c)  Whenever the Commission believes for good cause that

the issuance of a declaratory ruling will not serve the public interest, it may

refuse to issue one.  When good cause is deemed to exist, the Commission will

notify the petitioner of the decision in writing stating reasons for the denial

of a declaratory ruling.

(d)  The Commission may refuse to consider the validity of a

rule and therefore refuse to issue a declaratory ruling:

(1)           unless the petitioner shows that the

circumstances are so changed since adoption of the rule that such a ruling

would be warranted;

(2)           unless the rulemaking record evidences a

failure by the agency to consider specified relevant factors;

(3)           if there has been similar controlling

factual determination in a contested case, or if the factual context being

raised for a declaratory ruling was specifically considered upon adoption of

the rule being questioned as evidence by the rulemaking record;

(4)           if circumstances stated in the request or

otherwise known to the agency show that a contested case hearing would

presently be appropriate.

(e)  Where a declaratory ruling is deemed to be in the

public interest, the Commission will issue the ruling within 60 days of receipt

of the petition.

(f)  A declaratory ruling procedure may consist of written

submissions, oral hearings, or such other procedure as may be appropriate in a

particular case.

(g)  The Commission may issue notice to persons who might be

affected by the ruling that written comments may be submitted or oral

presentations received at a scheduled hearing.

(h)  A record of all declaratory ruling procedures will be

maintained for as long as the ruling has validity.  This record will contain:

(1)           the original request,

(2)           reasons for refusing to issue a ruling,

(3)           all written memoranda and information

submitted,

(4)           any written minutes or audio tape or other

record of the oral hearing, and

(5)           a statement of the ruling.

This record will be maintained in a file at the Director's

office at Division of Health Service Regulation, 2701 Mail Service Center, Raleigh, North Carolina, 27699-2701 and will be available for public

inspection during regular office hours.

 

History Note:        Authority G.S. 143B‑165; 150B‑11;

150B‑17;

Eff. November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. March 22, 2015.