NC Register Volume 23 Issue 09 - Office of Administrative Hearings

PROPOSED RULES
original record as authority for the release of medical
information outside the facility. or disclosure.
(h) Medical records are the property of the hospital, and they
shall not be removed from the facility jurisdiction except
through a court order. Copies shall be made available for
authorized purposes such as insurance claims and physician
review.
Authority G.S. 90-21.20B; 131E-79.
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Department of Health and Human Services – DMH/DD/SAS
intends to repeal the rules cited as 10A NCAC 27G .0701-.0707.
Proposed Effective Date: April 1, 2009
Instructions on How to Demand a Public Hearing: (must be
requested in writing within 15 days of notice): A person may
demand a public hearing on the proposed rules by submitting a
request in writing to W. Denise Baker, 3018 Mail Service
Center, Raleigh, NC 27699-3018.
Reason for Proposed Action: These rules no longer apply to
the MD/DD/SA Service system, as most LME's have divested
themselves of service provision, and are dedicated to the
management of local MH/DD/SA service system issues. Also,
the use of the term "accreditation" in this context is confusing,
since accreditation in current MH/DD/SA Reform is a status
conferred on a LME or a MH/DD/SA service provider by a
national accreditation agency, whereas this term primarily
applied to assuring compliance with current rules and
regulations.
Procedure by which a person can object to the agency on a
proposed rule: The objection, reasons for the objection and the
clearly identified portion of the rule to which the objection
pertains, may be submitted in writing to W. Denise Baker, 3018
Mail Service Center, Raleigh, NC 27699-3018.
Comments may be submitted to: W. Denise Baker, 3018 Mail
Service Center, Raleigh, NC 27699-3018, phone (919) 715-
2780, fax (919) 733-1221, email denise.w.baker@ncmail.net
Comment period ends: January 2, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 27 – MENTAL HEALTH, COMMUNITY
FACILITIES AND SERVICES
SUBCHAPTER 27G - RULES FOR MENTAL HEALTH,
DEVELOPMENTAL DISABILITIES, AND SUBSTANCE
ABUSE FACILITIES AND SERVICES
SECTION .0700 - ACCREDITATION OF AREA
PROGRAMS AND SERVICES
10A NCAC 27G .0701 GENERAL
(a) For purposes of this Section, "service" means those services
described in Sections .1000 through .6900 of these Rules, and
offered by an area program, either directly or through a contract
provider, as a required or optional service to clients.
(b) Area programs shall be accredited by DMH/DD/SAS to
provide specific services according to the rules in this Section.
No area program shall provide a service, either directly or
through a contract provider, unless that specific service is
accredited, except by reciprocity with another area program
pursuant to Rule .0606 of this Section.
(c) An area program offering an accredited service may modify
the means by which it delivers the service, including adding or
changing service providers. DMH/DD/SAS may require an area
program to notify it of changes in contract provider status.
Changes in providers may constitute a change in circumstances
warranting a reexamination of an accredited service pursuant to
Rule .0603(e) of this Section.
(d) Area programs may receive interim accreditation for new
services in accordance with Rule .0605 of this Section. Area
programs shall maintain accreditation of services through the
Accreditation Review process described in Rules .0602 and
.0603 of this Section.
(e) DMH/DD/SAS funding of services provided by area
programs shall be contingent upon accreditation.
(f) DMH/DD/SAS shall not accredit contract providers. Area
programs retain their statutory obligations to assure that contract
providers comply with State law and these Rules, and to monitor
the performance of contract providers as required by G.S. 122C.
Authority G.S. 122C-112; 122C-141(b); 122C-142(a); 122C-
191(d).
10A NCAC 27G .0702 ACCREDITATION REVIEW
(a) The Area Authority shall assure that all area-operated and
contracted services of an area program comply with applicable
Federal requirements, General Statutes, and rules of the
Commission, the Secretary and DMH/DD/SAS.
23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008
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