NC Register Volume 16 Issue 15 - Office of Administrative Hearings

TEMPORARY RULESWashington 10History Note:Authority G.S. 131E-176(25); 131E-177(1); 131E-183(b);Temporary Adoption Eff. January 1, 2002.10 NCAC 03R .6375 MEDICARE-CERTIFIED HOME HEALTH AGENCY OFFICE NEED DETERMINATION(REVIEW CATEGORY F)It is determined that there is a need for one Medicare-certified home health agency or office in each of the following counties. It isdetermined that there is no need for additional Medicare-certified home health agencies or offices in any other county.CountiesNumber of New Home Health Agencies/Offices NeededMontgomery 1Pamlico 1History Note:Authority G.S. 131E-176(25); 131E-177(1); 131E-183(b);Temporary Adoption Eff. January 1, 2002.10 NCAC 03R .6376 DIALYSIS STATION NEEDDETERMINATION METHODOLOGY FOR REVIEWSBEGINNING APRIL 1, 2002(a) The Medical Facilities Planning Section (MFPS) shalldetermine need for new dialysis stations twice during calendaryear 2002, and shall make a report of such determinationsavailable to all who request it. The first report shall be called theNorth Carolina January 2002 Semiannual Dialysis Report(SDR). Data to be used for these determinations, and theirsources are as follows:(1) Numbers of dialysis patients as of June 30,2001, by type, county and facility, from theSoutheastern Kidney Council, Inc. (SEKC)supplemented by data from the Mid-AtlanticRenal Coalition, Inc.;(2) Certificate of need decisions, decisionsappealed, appeals settled, and awards, from theCertificate of Need Section, DFS;(3) Facilities certified for participation inMedicare, from the Certification Section, DFS;and(4) Need determinations for which certificate ofneed decisions have not been made, fromMFPS records.Need determinations in this report shall be an integral part of theState Medical Facilities Plan.(b) Need for new dialysis stations shall be determined asfollows:(1) County Need (using the trend line ending with12/31/00 data)(A) The average annual rate (%) ofchange in total number of dialysispatients resident in each county fromthe end of 1996 to the end of 2000 ismultiplied by the county's June 30,2001 total number of patients in theSDR, and the product is added toeach county's most recent totalnumber of patients reported in theSDR. The sum is the county'sprojected total June 30, 2002 patients.16:15 NORTH CAROLINA REGISTER February 1, 20021705(B) The percent of each county's totalpatients who were home dialysispatients on June 30, 2001 ismultiplied by the county's projectedtotal June 30, 2002 patients, and theproduct is subtracted from thecounty's projected total June 30, 2002patients. The remainder is thecounty's projected June 30, 2002 incenterdialysis patients.(C) The projected number of eachcounty's June 30, 2002 in-centerpatients is divided by 3.2. Thequotient is the projection of thecounty's June 30, 2002 in-centerdialysis stations.(D) From each county's projected numberof June 30, 2002 in-center stations issubtracted the county's number ofstations certified for Medicare, CONapprovedand awaiting certification,awaiting resolution of CON appeals,and the number represented by needdeterminations in previous StateMedical Facilities Plans orSemiannual Dialysis Reports forwhich CON decisions have not beenmade. The remainder is the county'sJune 30, 2002 projected stationsurplus or deficit.(E) If a county's June 30, 2002 projectedstation deficit is 10 or greater and theJanuary 2002 SDR shows thatutilization of each dialysis facility inthe county is 80% or greater, the June30, 2002 county station needdetermination is the same as the June30, 2002 projected station deficit. Ifa county's June 30, 2002 projectedstation deficit is less than 10 or if theutilization of any dialysis facility inthe county is less than 80%, the