Proposed Rules

N.C.G.S. § 150B-19.1(c) states:

(c) Each agency subject to this Article shall post on its Web site, no later than the publication date of the notice of text in the North Carolina Register, all of the following:

(1) The text of a proposed rule.

(2) An explanation of the proposed rule and the reason for the proposed rule.

(3) The federal certification required by subsection (g) of this section.

(4) Instructions on how and where to submit oral or written comments on the proposed rule, including a description of the procedure by which a person can object to a proposed rule and subject the proposed rule to legislative review.

(5) Any fiscal note that has been prepared for the proposed rule.

Proposed Amendment of Non-Medicaid Appeal Rules

Purpose of Rule Action: These rules are proposed for amendment to eliminate the requirement of a Panel and permit a Hearing Officer to conduct the appeals instead, to eliminate redundant language, and to provide further clarity regarding the Non-Medicaid Appeal Process.

The Notice of Text for the proposed amendment of these rules is available in the North Carolina Register Volume 38, Issue 12 scheduled for publication December 15, 2023 accessible via this link: https://www.oah.nc.gov/rules-division/north-carolina-register. Hyperlinks to the rules as proposed for amendment are provided below.

Federal Certification is not applicable to this set of proposed rules.

Economic Analysis: No fiscal note is required.

Public Comment Period: December 16, 2023-February 13, 2024. Written comments or objections to the proposed rules must be submitted electronically to dmhddsasrules@dhhs.nc.gov or mailed to W. Denise Baker 3001 Mail Service Center Raleigh, NC 27699-3001.

Proposed Amendment of Rule 10A NCAC 28F .0101

Purpose of Rule Action: Per S.L. 2023-3, RJ Blackley Alcohol and Drug Abuse Treatment Center was to cease State-operation effective March 1, 2023. This rule is proposed for amendment to reflect realignment of counties previously served by the RJ Blackley Center.

10A NCAC 28F .0101, Regions for Division Institutional Admissions

Federal Certification is not applicable to this set of proposed rules.

Economic Analysis: No fiscal note is required.

Public Comment Period: December 16, 2023-February 13, 2024. Written comments or objections to the proposed rules must be submitted electronically to dmhddsasrules@dhhs.nc.gov or mailed to W. Denise Baker 3001 Mail Service Center Raleigh, NC 27699-3001.

Procedure for Subjecting a Rule to Legislative Review: Any person who objects to the adoption of a permanent rule may submit written comments to dmhddsasrules@dhhs.nc.gov. If the objection is not resolved prior to adoption of the rule, a person may than submit written objections to the Rules Review Commission. If the Rules Review Commission receives written objections from 10 or more persons, clearly requesting review of the rule by the legislature, and the Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Rules Review Commission will accept written objections no later than 5:00p.m. of the day following the day the Commission approves the rule. The Rules Review Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions regarding the process for submitting written objections to the Rules Review Commission, please contact a Rules Review Staff Attorney at 984-236-1850.