Proposed Adoption of Rules 10A NCAC 26C Section .0700,
County Disengagement from a Local Management Entity-Managed Care Organization

Purpose of Rule Action:  The North Carolina Division of Mental Health, Developmental Disabilities and Substance Abuse Services proposes to adopt the rules in this Section to implement the requirements of N.C.G. S. § 122C-115(a3).  Specifically, these rules set forth the process the Secretary of the Department of Health and Human Services shall use to approve county requests to disengage from a Local Management Entity-Managed Care Organization (LME-MCO) and realign with another LME-MCO operating under a Medicaid waiver.  These rules also identify the requirements that a county seeking approval to disengage from an LME-MCO must adhere to in submitting its request for approval.

Proposed Permanent Rules 10A NCAC 26C .0701 - .0703.  The rules are also available in the North Carolina Register Volume 30, Issue 24 scheduled for publication June 15, 2016.

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

Economic Analysis  Fiscal note prepared by the Division of Mental Health, Developmental Disabilities and Substance Abuse Services Budget Office and approved by the Office of State Budget Management.

Public Comment Period:  June 16, 2016 – August 15, 2016.  Written comments or objections to the proposed rules must be submitted electronically to dmhddsasrules@dhhs.nc.gov or mailed to W. Denise Baker 3004 Mail Service Center Raleigh, NC  27699-3004.

The public comment period for this set of rules is closed.

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 919-431-3000.