NC Register Volume 16 Issue 15 - Office of Administrative Hearings

(b) Need Determination for at Least One Medicare-CertifiedHome Health Agency per County. When a county has noMedicare-Certified home health agency office physically locatedwithin the county’s borders, need for a new Medicare-Certifiedhome health agency office in the county is thereby establishedthrough this paragraph.History Note: Authority G.S. 131E-176(25); 131E-177(1);131E-183(b);Temporary Adoption Eff. January 1, 2002.10 NCAC 03R .6392 POLICY FOR RELOCATION OFDIALYSIS STATIONSRelocations of existing dialysis stations are allowed only withinthe host county and to contiguous counties currently served bythe facility. Certificate of need applicants proposing to relocatedialysis stations shall:(1) demonstrate that the proposal shall not resultin a deficit in the number of dialysis stations inthe county that would be losing stations as aresult of the proposed project, as reflected inthe most recent Dialysis Report, and(2) demonstrate that the proposal shall not resultin a surplus of dialysis stations in the countythat would gain stations as a result of theproposed project, as reflected in the mostrecent Dialysis Report.History Note: Authority G.S. 131E-176(25); 131E-177(1);131E-183(b);Temporary Adoption Eff. January 1, 2002.10 NCAC 03R .6393 POLICIES FOR PSYCHIATRICINPATIENT FACILITIES(a) Transfer of Psychiatric Beds from State PsychiatricHospitals to Community Facilities. Beds in the State psychiatrichospitals used to serve short-term psychiatric patients may berelocated to community facilities. However, before psychiatricbeds are transferred out of the State psychiatric hospitals,appropriate services and programs shall be available in thecommunity. State hospital psychiatric beds which are relocatedto community facilities shall be closed within 90 days followingthe date the transferred psychiatric beds become operational inthe community. Facilities proposing to operate transferredpsychiatric beds shall commit to serve the type of short-termpatients normally placed at the State psychiatric hospitals. Tohelp ensure that relocated psychiatric beds will serve thosepersons who would have been served by the State psychiatrichospitals, a proposal to transfer psychiatric beds from a Statehospital shall include a written memorandum of agreementbetween the area MH/DD/SAS program serving the countywhere the psychiatric beds are to be located, the Secretary ofHealth and Human Services, and the person submitting theproposal.(b) Allocation of Psychiatric Beds. A hospital submitting aCertificate of Need application to add inpatient psychiatric bedsshall convert excess licensed acute care beds to psychiatric beds.In determining excess licensed acute care beds, the hospital shallsubtract the average occupancy rate for its licensed acute carebeds over the previous 12-month period from the appropriatetarget occupancy rate for acute care beds listed in 10 NCAC 03RTEMPORARY RULES16:15 NORTH CAROLINA REGISTER February 1, 20021716.6385(d) and multiply the difference in the percentage figure bythe number of its existing licensed acute care beds to calculatethe excess licensed acute care beds.(c) Linkages Between Treatment Settings. An applicantapplying for a certificate of need for psychiatric inpatient facilitybeds shall document that the affected area mental health,developmental disabilities and substance abuse authorities havebeen contacted and invited to comment on the proposed services.History Note: Authority G.S. 131E-176(25); 131E-177(1);131E-183(b);Temporary Adoption Eff. January 1, 2002.10 NCAC 03R .6394 POLICY FOR CHEMICALDEPENDENCY TREATMENT FACILITIESIn order to establish linkages between treatment settings, anapplicant applying for a certificate of need for chemicaldependency treatment beds, as defined in G. S. 131E-176(5b),shall document that the affected area mental health,developmental disabilities and substance abuse authorities havebeen contacted and invited to comment on the proposed services.History Note: Authority G.S. 131E-176(25); 131E-177(1);131E-183(b);Temporary Adoption Eff. January 1, 2002.10 NCAC 03R .6395 POLICIES FORINTERMEDIATE CARE FACILITIES FOR MENTALLYRETARDEDIn order to establish linkages between treatment settings, anapplicant applying for a certificate of need for intermediate carebeds for the mentally retarded shall document that the affectedarea mental health, developmental disabilities and substanceabuse authorities have been contacted and invited to comment onthe proposed services.History Note: Authority G.S. 131E-176(25); 131E-177(1);131E-183(b);Temporary Adoption Eff. January 1, 2002.* * * * * * * * * * * * * * * * * * * *Rule-making Agency: DHHS-Division of Medical AssistanceRule Citation: 10 NCAC 26D .0116Effective Date: January 1, 2002Findings Reviewed and Approved by: Beecher R. GrayAuthority for the rulemaking: G.S. 108A-25(b); S.L. 1985, c.479, s. 86; 42 C.F.R. 440.230(d)Reason for Proposed Action: This change is based on recentGeneral Assembly legislation to implement reduction number 33of the Conference Report on the Continuation, Capital, andExpansion Budget. This change increases co-payments forbrand name prescription drugs from $1 to $3 per prescription.Co-payments for generic prescriptions remain at $1 perprescription.