NC Register Volume 21 Issue 09 - Office of Administrative Hearings

More documents

Recommendations

Info

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 765
PROPOSED RULES Subchapter through which a local WIC agency, potential local WIC agency, authorized WIC vendor or potential authorized WIC vendor may appeal the adverse actions listed in 7 C.F.R. 246.18(a)(1)(i), (a)(1)(ii) and (a)(3)(i). (2) An "authorized store representative" includes an owner, manager, assistant manager, head cashier, or chief fiscal officer. (3) An "authorized WIC vendor" is a food retailer or free-standing pharmacy that has executed a currently effective North Carolina WIC Vendor Agreement DHHS Form 2768. (4) A "chain store" is a store that is owned or operated by a corporation, partnership, cooperative association, or other business entity that has 20 or more stores owned or operated by the business entity. (5) A "fair hearing" is the informal dispute resolution process in Section .0900 of this Subchapter through which any individual may appeal a state or local agency action which results in a claim against the individual for repayment of the cash value of improperly issued benefits or results in the individual's denial of participation or disqualification from the WIC Program. This process must be complied with prior to making a formal appeal in accordance with G.S. 150B. (6) A "food instrument" means a voucher, check, electronic benefits transfer card (EBT), coupon or other document which is used to obtain supplemental foods. (7) "FNS" means the Food and Nutrition Service of the U.S. Department of Agriculture. (8) "Free-standing pharmacy" means a pharmacy that does not operate within another retail store. Free-standing pharmacy includes freestanding pharmacies that are chain stores and free-standing pharmacies participating under a WIC corporate agreement. (9) The "local WIC agency" is the local agency which enters into an agreement with the Division of Public Health to operate the Special Supplemental Nutrition Program for Women, Infants and Children. (10) A "local WIC program plan" is a written compilation of information on the local WIC agency policies concerning program operation, including administration, nutrition education, personnel functions, costs and other information prepared by the local WIC agency and submitted to the Nutrition Services Branch in accordance with instructions issued by the Branch. (11) A "predominantly WIC vendor" is a vendor that derives more than 50 percent of its annual food sales revenue from WIC food instruments. (11)(12) "Redemption" is the process by which a vendor deposits a food instrument for payment and the state agency (or its financial agent) makes payment to the vendor for the food instrument. (12)(13) "Shelf price" is the price a vendor charges a non-WIC customer for a WIC supplemental food. (13)(14) The "state agency" is the Nutrition Services Branch, Women's and Children's Health Section, Division of Public Health, Department of Health and Human Services. (14)(15) "Store" means the physical building located at a permanent and fixed site that operates as a food retailer or free-standing pharmacy. (15)(16) "Supplemental food" or "WIC supplemental food" is a food which satisfies the requirements of 10A NCAC 43D .0501. (16)(17) "Support costs" are clinic costs, administrative costs, and nutrition education costs. (17)(18) "Transaction" is the process by which a WIC customer tenders a food instrument to a vendor in exchange for authorized supplemental foods. (18)(19) "Vendor applicant" is a store that is not yet authorized as a WIC vendor. (19)(20) A "vendor overcharge" is intentionally or unintentionally charging more for supplemental food provided to a WIC customer than to a non-WIC customer or charging more than the current shelf price for supplemental food provided to a WIC customer. (20)(21) A "WIC corporate agreement" is a single WIC Vendor Agreement with a corporate entity that has 20 or more stores authorized as WIC vendors under the Agreement. (21)(22) "WIC customer" means a WIC participant, parent or caretaker of an infant or child participant, proxy or compliance investigator who tenders a food instrument to a vendor in exchange for WIC supplemental food. (22)(23) "WIC program" means the special supplemental nutrition program for women, infants and children authorized by 42 U.S.C. 1786 of the Child Nutrition Act of 1966 as amended. A copy of 7 C.F.R. Part 246.1 through 246.28 is available for inspection at the Department of Health and Human Services, Division of Public Health, Women's and Children's Health Section, Nutrition Services Branch, 1330 St. Mary's Street, 5601 Six Forks Road, Raleigh, North Carolina. Copies are available at no cost from the Supplemental Nutrition Programs Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 540, Alexandria, Virginia 22302 by calling (703) 305- 2730 or access http://www.access.gpo.gov/nara/cfr/index.html. Authority G.S. 130A-361; 42 U.S.C. 1786; 7 C.F.R. 246. 21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006 766
Page 1 and 2: NORTH CAROLINA REGISTER VOLUME 21
Page 3 and 4: NORTH CAROLINA REGISTER Publication
Page 5 and 6: EXECUTIVE ORDERS EXECUTIVE ORDER NO
Page 7 and 8: IN ADDITION Note from the Codifier:
Page 9: PROPOSED RULES (c) The individual o
Page 13 and 14: PROPOSED RULES be placed into the s
Page 15 and 16: PROPOSED RULES a penalty not been a
Page 17 and 18: PROPOSED RULES Infant Cereal Plain-
Page 19 and 20: PROPOSED RULES (2) A pattern, as re
Page 21 and 22: PROPOSED RULES (E) failure to provi
Page 23 and 24: PROPOSED RULES Notice is hereby giv
Page 25 and 26: PROPOSED RULES (a) improper hot and
Page 27 and 28: PROPOSED RULES consider the issuanc
Page 29 and 30: PROPOSED RULES toothpicks and simil
Page 31 and 32: PROPOSED RULES facilities shall be
Page 33 and 34: PROPOSED RULES (c) Prior to issuanc
Page 35 and 36: PROPOSED RULES (c) (d) (e) (i) (ii)
Page 37 and 38: PROPOSED RULES ice or beverage garn
Page 39 and 40: PROPOSED RULES vegetables shall be
Page 41 and 42: PROPOSED RULES spray-on or wipe-on
Page 43 and 44: PROPOSED RULES (c) The joints betwe
Page 45 and 46: PROPOSED RULES SECTION .0200 - LICE
Page 47 and 48: PROPOSED RULES CEU transcript. RID
Page 49 and 50: APPROVED RULES This Section include
Page 51 and 52: APPROVED RULES programs. A failure
Page 53 and 54: APPROVED RULES (2) The dispenser is
Page 55 and 56: APPROVED RULES community as well as
Page 57 and 58: APPROVED RULES Temporary Adoption E
Page 59 and 60: APPROVED RULES (1) The fire departm
Page 61 and 62:
APPROVED RULES between March 1 and
Page 63 and 64:
APPROVED RULES (D) Horseback riding
Page 65 and 66:
APPROVED RULES (D) Camping is restr
Page 67 and 68:
APPROVED RULES (C) Harmon Den and S
Page 69 and 70:
APPROVED RULES obtain a game lands
Page 71 and 72:
APPROVED RULES History Note: Author
Page 73 and 74:
APPROVED RULES component parts befo
Page 75 and 76:
APPROVED RULES mathematical skills,
Page 77 and 78:
APPROVED RULES (e) (B) Six semester
Page 79 and 80:
APPROVED RULES which is the highest
Page 81 and 82:
RULES REVIEW COMMISSION APPROVAL OF
Page 83 and 84:
RULES REVIEW COMMISSION Support Ser
Page 85 and 86:
RULES REVIEW COMMISSION Commission
Page 87 and 88:
RULES REVIEW COMMISSION Transportat
Page 89 and 90:
RULES REVIEW COMMISSION Amend/* Los
Page 91 and 92:
RULES REVIEW COMMISSION Amend/* Con
Page 93 and 94:
RULES REVIEW COMMISSION Inactive St
Page 95 and 96:
CONTESTED CASE DECISIONS Child Care
Page 97 and 98:
CONTESTED CASE DECISIONS Christophe
Page 99 and 100:
CONTESTED CASE DECISIONS STATE OF N
Page 101 and 102:
CONTESTED CASE DECISIONS "Paraprofe
Page 103 and 104:
CONTESTED CASE DECISIONS (Responden
Page 105 and 106:
CONTESTED CASE DECISIONS (ICF-MR).
Page 107 and 108:
CONTESTED CASE DECISIONS STATE OF N
Page 109 and 110:
CONTESTED CASE DECISIONS P-46 N.C.
Page 111 and 112:
CONTESTED CASE DECISIONS On June 30
Page 113 and 114:
CONTESTED CASE DECISIONS 21. The Go
Page 115 and 116:
CONTESTED CASE DECISIONS 24. Goose
Page 117 and 118:
CONTESTED CASE DECISIONS determined
Page 119 and 120:
CONTESTED CASE DECISIONS 4. Petitio
Page 121 and 122:
CONTESTED CASE DECISIONS 23. The Cl
show all

NC Register Volume 21 Issue 09 - Office of Administrative Hearings

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?