NC Register Volume 16 Issue 15 - Office of Administrative Hearings

Comment Procedures: Written comments concerning this rulemakingaction must be submitted to Portia W. Rochelle, RulemakingCoordinator, Division of Medical Assistance, 1985Umstead Drive, Raleigh, NC 27603.CHAPTER 26 – MEDICAL ASSISTANCESUBCHAPTER 26D – LIMITATIONS ON AMOUNT:DURATION: AND SCOPE10 NCAC 26D .0116 CO-PAYMENT(a) Co-payment Requirements. The following requirements areimposed on all Medicaid recipients for the following services:(1) Outpatient Hospital Services. Co-paymentwill be charged at the rate of three dollars($3.00) per outpatient visit.(2) Chiropractic Services. Co-payment will becharged at the rate of one dollar ($1.00) perchiropractic visit.(3) Podiatric Services. Co-payment will becharged at the rate of one dollar ($1.00) perpodiatric visit.(4) Optometric Services. Co-payment will becharged at the rate of two dollars ($2.00) peroptometric visit.(5) Optical Supplies and Services. Co-paymentwill be charged at the rate of two dollars($2.00) per item. Co-payment for repair ofeyeglasses and other optical supplies will becharged at the rate of two dollars ($2.00) perrepair exceeding five dollars ($5.00).(6) Prescribed Drugs. Co-payment will becharged at the rate of one dollar ($1.00) perdispensing for Generic drugs and three dollars($3.00) for dispensing for Brand Name drugs,including refills.(7) Dental Services. Co-payment will be chargedat the rate of three dollars ($3.00) per visit,except when more than one visit is required. Ifmore than one visit is required but the serviceis billed under one procedure code with onedate of service, then only one co-payment shallbe collected. Full and partial dentures areexamples.(8) Physicians. Co-payment will be charged at therate of three dollars ($3.00) per visit.(b) Co-payment Exemptions. No co-payment will be chargedfor the following services:(1) EPSDT related services;(2) Family Planning Services;(3) Services in state owned mental hospitals;(4) Services covered by both Medicare andMedicaid;(5) Services to persons under age 21;(6) Services related to pregnancy;(7) Services provided to residents of ICF,ICF-MR, SNF, Mental Hospitals; and(8) Hospital emergency room services.History Note: Authority G.S. 108A-25(b); S.L. 1985, c. 479,s. 86; 42 C.F.R. 440.230(d);TEMPORARY RULES16:15 NORTH CAROLINA REGISTER February 1, 20021717Tax Equity and Fiscal Responsibility Act of 1982, Subtitle B;Section 95 of Chapter 689, 1991 Session Laws;Eff. January 1, 1984;Temporary Amendment Eff. August 15, 1991 For a Period of180 Days to Expire on February 15, 1992;Amended Eff. February 1, 1992;Temporary Amendment Eff. September 15, 1992 For a Period of180 Days or Until the Permanent Rule Becomes Effective,Whichever is Sooner;Amended Eff. February 1, 1993;Temporary Amendment Eff. January 1, 2002.TITLE 12 – DEPARTMENT OF JUSTICERule-making Agency: NC State Bureau of InvestigationRule Citation: 12 NCAC 04E .0104Effective Date: January 14, 2002Findings Reviewed and Approved by: Beecher R. GrayAuthority for the rulemaking: G.S. 114-10 (6)Reason for Proposed Action: On October 28, 1999 the USDepartment of Justice changed 28 CFR 20.33 to allow nationalcriminal history record information to non-criminal justicegovernmental agencies performing criminal justice dispatchingfunction or data processing/information services for criminaljustice agencies. This access, previously limited only toauthorized law enforcement and criminal justice agencies, willnow allow city/country 911 communication centers full access tothe National Crime Information Center, which is a subdivisionof the FBI. 12 NCAC 04E .0104 was written using the oldlanguage of the federal CFR and, in its current form, preventsthe SBI from opening the access to these communication centersnow allowed under federal regulations. In order to allow thisaccess, an immediate temporary change must be made to NCAC,while a permanent rule change is sought. By allowing this rulechange, law enforcement agencies statewide will have access tocritical records that were previously unavailable to theircommunication centers. With the heightened awareness ofterrorism and war across the nation this will allow NorthCarolina law enforcement officers a safer environment wheninvestigating crimes, responding to request for service, andinitiating motor vehicle traffic stops. With this rule change, atleast 38 communications centers throughout the state will beallowed full access to NCIC, again, improving officer safety andpublic safety efficiency. There will be no known direct costassociated with this rule change, other than those necessary andrequired in the filing and notification procedures associatedwith any standard rule change. The State Bureau ofInvestigation intends to notify all users statewide by sending astatewide computer message and including a posting in thestatewide law enforcement electronic newsletter (available to alllaw enforcement computer terminal users statewide on amonthly basis). This newsletter is maintained online for 12months and is free of charge to users.