NC Register Volume 21 Issue 09 - Office of Administrative Hearings

PROPOSED RULES
individual and the individual's spouse, or if
under age 18, the combined available
resources and income of the individual and the
individual's parents), including all countable
and excluded income and resources, are
sufficient to provide the individual medical
care, food, clothing, shelter, and other
necessities of life such that the individual's
health or life would not be endangered as
defined in Subparagraph (e)(4) of this Rule.
(g) If the Director of the county department of social services or
the Director's designee determines that:
(1) An undue hardship exists, the county
department of social services shall waive the
penalty beginning with the month of the
application for the waiver or the month in
which all requirements in Paragraph (e) of this
Rule are met whichever is later and notify the
individual of approval of the waiver of the
penalty pursuant to G.S. 108A-79.
(2) An undue hardship does not exist, the county
department of social services shall deny the
request for the waiver of the penalty and notify
the individual of denial of the waiver request
pursuant to G.S. 108A-79.
(3) An undue hardship would exist except that the
individual has sufficient available income and
resources as provided in Subparagraph (f)(3)
of this Rule for a portion of the penalty period,
the county department of social services shall
grant the waiver only for the portion of the
penalty period for which there are not
sufficient resources and income.
(h) During a penalty period or any portion of a penalty period
that has been waived because of undue hardship, acquisition by
the individual, individual's spouse, or the parent or parents of an
individual under age 18, of new or increased income or
resources shall be treated as a change in situation and evaluated
under the rules of this Chapter.
(i) While the undue hardship application is pending, Medicaid
shall not make payments for nursing facility services to hold a
bed for the individual, as described in 42 U.S.C. 1396p(c)(2)(D).
Authority G.S. 108A-54; 108A-58.1; P.L 109-171; 42 U.S.C.
1396p.
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Commission for Health Services intends to amend the rules
cited as 10A NCAC 43D .0202 and .0706.
Proposed Effective Date: April 1, 2007
Public Hearing:
Date: November 27, 2006
Time: 1:30 p.m. – 3:30 p.m.
Location: Cardinal Room, 5605 Six Forks Road, Raleigh, NC
27609
Reason for Proposed Action: The proposed rule amendments
are required to comply with the Child Nutrition and WIC
Reauthorization Act of 2004, P.L. 108-265 and the subsequent
interim rule published by Food and Nutrition Services (FNS) of
the US Department of Agriculture in the Federal Register on
November 29, 2005. The intent of these amendments is to
implement specific cost containment strategies to maximize the
number of women, infants, and children served with available
federal funding.
Procedure by which a person can object to the agency on a
proposed rule: Objections may be submitted in writing to Chris
G. Hoke, JD, the Rule-Making Coordinator, during the public
comment period. Additionally, objections may be made verbally
or in writing at the public hearing for these rule amendments.
Comments may be submitted to: Chris G. Hoke, 1915 Mail
Service Center, Raleigh, NC 27699-1915, email
chris.hoke@ncmail.net
Comment period ends: January 1, 2007
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 43 – PERSONAL HEALTH
SUBCHAPTER 43D - WIC/NUTRITION
SECTION .0200 - WIC PROGRAM GENERAL
INFORMATION
10A NCAC 43D .0202 DEFINITIONS
For the purposes of this Subchapter, all definitions set forth in 7
C.F.R. Part 246.2 are hereby incorporated by reference,
including subsequent amendments and additions, with the
following additions and modifications:
(1) An "administrative appeal" is an appeal in
accordance with Section .0800 of this
21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006
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