Archived Rules

10A NCAC Chapter 21 and 22 Rules

10A NCAC Chapter 21 and 22 Rules

Pursuant to GS 150B-21.3A, Periodic review and expiration of existing rules, each agency shall conduct a review of its existing rules at least once every 10 years. As a result of this periodic review process, the North Carolina Department of Health and Human Services, Division of Health Benefits is readopting, repealing or amending 90 rules in 10A NCAC Chapters 21 and 22, Subchapters 21A, 21B, 21D, 22B, 22C, 22D, 22F, 22G, 22H, 22I, 22J, 22K, 22L, 22N, and 22O to ensure these rules reflect current law and processes. The proposed effective date is May 1, 2018.

10A NCAC Chapter 21 and 22 Rules Submitted to the RRC

10 NCAC 21A .0301; .0302; .0303

10 NCAC 21B .0204.0311

10 NCAC 21D .0101-.0103.0201; .0301-.0302; .0401-.0402.0501-.0503

10 NCAC 22B .0101.0102.0103.0104.0105

10 NCAC 22C .0101 - .0103

10 NCAC 22D .0101

10 NCAC 22F .0104.0105.0106; .0107.0201.0202.0203.0301; .0302.0401; .0402; .0601.0602; .0603.0604; .0605; .0606; .0704; .0706

10 NCAC 22G .0108; .0109; .0208; .0502; .0504; .0509

10 NCAC 22H .0101; .0102-.0103; .0104; .0105; .0201; .0202; .0203; .0204, .0205; .0301; .0302; .0303; .0304; .0305

10 NCAC 22I .0102; .0104

10 NCAC 22J .0102; .0103; .0104; .0105; .0106

10 NCAC 22K .0101; .0102; .0103

10 NCAC 22L .0101; .0102; .0103; .0104; .0201; .0203

10 NCAC 22N .0101; .0102; .0201; .0202; .0203; .0301; .0302-.0303

10 NCAC 22O .0112

Notification of Proposed Readoption, Amendment or Repeal of 10A NCAC Chapter 21 and 22 Rules

Public Comments

Public comments were collected Jan. 2, 2018 – March 5, 2018.

Public Hearing

There was a public hearing on Jan. 24, 2018,  from 1-3 p.m. at the Dorothea Dix Campus, Brown Building, Room 104, 801 Biggs Drive, Raleigh, NC 27603 (map). 

Fiscal Notes and Federal Law Certifications

The following fiscal note was approved by OSBM on Oct. 30, 2017. Proposed changes to 10A NCAC 22H .0205 and .0305 have an impact on local government. The federal law certification required by G.S. 150B-19.1(g) is located at the end of the fiscal note.

The following fiscal notes were approved by OSBM on Oct. 30, 2017, although no fiscal notes were required by G.S. 150B-21.4 or G.S. 150B-21.3A(d)(2). The federal law certifications required by G.S. 150B-19.1(g) are located, as applicable, at the end of each fiscal note. 

No fiscal note was required by G.S. 150B-21.3A(d)(2), but a federal law certification was required by G.S. 150B-19.1(g) for the following proposed rules:

No fiscal note was required by G.S. 150B-21.4 or G.S. 150B-21.3A(d)(2) and no federal law certification was required by G.S. 150B-19.1(g) for the following proposed rules:

  • Subchapter 21D: 10A NCAC 21D .0101, .0102, .0103, .0201, .0301, .0302, .0401, .0402, .0501. 0502, .0503
  • Subchapter 22C: 10A NCAC 22C .0101, .0102, .0103
  • Subchapter 22D 10A NCAC 22D .0101
  • Subchapter 22I: 10A NCAC 22I .0102, .0104
  • Subchapter 22O: 10A NCAC 22O .0112

Rules Proposed for Readoption with substantive changes (published on 1/2/18 in the NC Register) 

Rules Proposed for Readoption without substantive changes (not published in the NC Register) 

Rules Proposed for Amendment (published on 1/2/18 in the NC Register) 

Rules Proposed for Repeal (published on 1/2/18 in the NC Register) 

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 919-431-3000.