NC Register Volume 16 Issue 15 - Office of Administrative Hearings

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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.
Comment Procedures: Written comments should be directed toSpecial Agent in Charge Donald K. Roberts, NC State Bureau ofInvestigation, 3220 Garner Road, Raleigh, NC 27626-0500.CHAPTER 04 – DIVISION OF CRIMINALINFORMATIONSUBCHAPTER 04E – ORGANIZATIONAL RULES ANDFUNCTIONSSECTION .0100 – GENERAL PROVISIONS12 NCAC 04E .0104 DEFINITIONSThe following definitions shall apply throughout Chapter 4 ofthis Title:(1) "Administration of Criminal Justice" meansthe performance of any of the followingactivities: detection, apprehension, detention,pretrial release, post-trial release, prosecution,adjudication, and correctional supervision orrehabilitation of accused criminal offenders.The administration of criminal justice shallinclude criminal identification activities andthe collection, storage, and dissemination ofcriminal history record information.(2) "Administrative Message" means messagesthat may be used by DCI terminal operators toexchange official information of anadministrative nature between in-state lawenforcement/criminal justice agencies and outof-stateagencies by means of NLETS.(3) "Authorized Requestor" means any personwho is authorized and approved to receivestate and national criminal history data byvirture of being:(a) a member of an approved lawenforcement/criminal justice agencypursuant to Rule .0201 of this(b)Subchapter; orany DCI or NCIC authorized noncriminaljustice agency pursuant tolocal ordinance or a state or federallaw.(4) "Automated Fingerprint Identification System"(AFIS) means a computer based system forreading, encoding, matching, storage andretrieval of fingerprint minutiae and images.(5) "CCH" means computerized criminal history.(6) "Convicted" or "conviction" means forpurposes of DCI operator certification, theentry of:(a)(b)(c)a plea of guilty;a verdict or finding of guilt by a jury,judge, magistrate, or other dulyconstituted, established, andrecognized adjudicating body,tribunal, or official, either civilian ormilitary; ora plea of no contest, nolo contendere,or the equivalent.TEMPORARY RULES16:15 NORTH CAROLINA REGISTER February 1, 20021718(7) "Criminal History Record Information"(CHRI) means information collected by andmaintained in the files of criminal justiceagencies concerning individuals, consisting ofidentifiable descriptions, notations of arrest,detentions, indictments or other formalcriminal charges. This also includes anydisposition, sentencing, correctionalsupervision, and release information. Thisterm does not include identificationinformation such as fingerprint records to theextent that such information does not indicateformal involvement of the individual in thecriminal justice system.(8) "Criminal Justice Agency" means the courts, agovernment agency, or any subunit thereofwhich performs the administration of criminaljustice pursuant to statute or executive orderand which allocates over 50 percent of itsannual budget to the administration of criminaljustice.(9) "Criminal Justice Board" means a boardcomposed of heads of lawenforcement/criminal justice agencies whichhave management control over acommunications center.(10) "DCI" means Division of CriminalInformation.(11) "DCI Manual" means a manual containingguidelines for users on the operation of theDCI equipment and providing explanations asto what information may be accessed throughthe DCI.(12) "Direct Access" means an authorized agencyhas access to the DCI network through a DCIterminal or through a computer interface.(13) "Disposition" means information on any actionwhich results in termination or indeterminatesuspension of the prosecution of a criminalcharge.(14) "Driver's History" means informationmaintained on individual operators to includename, address, date of birth, license issuanceand expiration information or control numberissuance information, and moving vehicleviolation convictions.(15) "Dissemination" means any transfer ofinformation, whether orally, in writing, or byelectronic means.(16) "DMV" means the North Carolina Division ofMotor Vehicles.(17) "Expunge" means to remove criminal historyrecord information from the DCI and FBIcomputerized criminal history andidentification files pursuant to state statute.(18) "Full Access" means the ability of a terminalto access those programs developed andadministered by the DCI for local lawenforcement and criminal justice agenciesspecifically including state and national CCHand driver history access. This also includes
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NORTH CAROLINAIN THIS ISSUEI. EXECU
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NORTH CAROLINA REGISTERPublication
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EXECUTIVE ORDERSEXECUTIVE ORDER NO.
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(l) Six members from non-profit age
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IN ADDITIONThis Section contains pu
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IN ADDITIONU.S. Department of Justi
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IN ADDITIONU.S. Department of Justi
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IN ADDITIONPUBLIC HEARING NOTICETIT
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RULE-MAKING PROCEEDINGSA Notice of
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PROPOSED RULESfor public hearing ma
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(2) the characteristics which make
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shall be allowed shall be non-domes
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Person CountyPitt CountyVance Count
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PROPOSED RULESCreek and all tributa
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esult in the termination of the int
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Authority G.S. 88B-4; 88B-21(e).21
Page 33 and 34: (D)(E)experience shall be considere
Page 35 and 36: (4) Examination. The examination fe
Page 37 and 38: competence in the subject matter, a
Page 39 and 40: (3) The licensee's written signatur
Page 41 and 42: adio signals of the Department of D
Page 43 and 44: TEMPORARY RULESThis Section include
Page 45 and 46: (3) provide documentation of all as
Page 47 and 48: (i) pediatric patient which equals
Page 49 and 50: Eff. November 1, 1990;Temporary Ame
Page 51 and 52: quarter of the third year of operat
Page 53 and 54: (2) document the assumptions and pr
Page 55 and 56: accepted medical practice at each f
Page 57 and 58: TEMPORARY RULES8 (Gaston) June 1, 2
Page 59 and 60: (19) There are 10 categories of pro
Page 61 and 62: TEMPORARY RULESCleveland Yadkin War
Page 63 and 64: TEMPORARY RULES12Cherokee, Clay, Gr
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Page 69 and 70: TEMPORARY RULESGaston 1Wake 1(b) Fi
Page 71 and 72: TEMPORARY RULESthere is no need for
Page 73 and 74: TEMPORARY RULEScounty's June 30, 20
Page 75 and 76: (C)certificate of need has beenissu
Page 77 and 78: TEMPORARY RULESVance 1Watauga 1Wilk
Page 79 and 80: 20 miles of the Academic Medical Ce
Page 81 and 82: (C)(D)nursing care was not known to
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Page 87 and 88: entitled to receive such informatio
Page 89 and 90: (A) during open seasons prescribed
Page 91 and 92: TEMPORARY RULESTemporary Adoption E
Page 93 and 94: (2) an originally executed copy of
Page 95 and 96: History Note: Authority G.S. 78C-16
Page 97 and 98: (B)(C)TEMPORARY RULES(i.e., purchas
Page 99 and 100: administrator by its examiners orot
Page 101 and 102: (1) Uniform Termination Notice for
Page 103 and 104: electronically (if it has not previ
Page 105 and 106: Authority for the rulemaking: G.S.
Page 107 and 108: mobile/modular homes not to exceed
Page 109 and 110: Temporary Amendment Eff. October 1,
Page 111 and 112: Lisa MartinLinda RaynorDedra Alston
Page 113 and 114: RULES REVIEW COMMISSION21 NCAC 58C
Page 115 and 116: RULES REVIEW COMMISSIONAccrued Paym
Page 117 and 118: RULES REVIEW COMMISSIONCertificatio
Page 119 and 120: CONTESTED CASE DECISIONSThis Sectio
Page 121 and 122: CONTESTED CASE DECISIONSLuther I Go
Page 123 and 124: CONTESTED CASE DECISIONSPandora M.
Page 125 and 126: CONTESTED CASE DECISIONSFordion Pac
Page 127 and 128: CONTESTED CASE DECISIONSTown of Mur
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NC Register Volume 16 Issue 15 - Office of Administrative Hearings

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