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Rules Actions

This is a list of Medicaid rule change activity and additional information about rules from the North Carolina Office of Administrative Hearings.

    Rules Proposed for Readoption, Amendment or Repeal

    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 47 rules in 10A NCAC Chapters 23 and 25, Subchapters 23A, 23C, 23D, 23E, 23G, 23H, 25A, 25H, 25K, 25M, and 25P, to ensure these rules reflect current law and processes. The proposed effective date is May 1, 2019.  

    Periodic Review and Expiration of Existing Rules Project
    10 NCAC Chapter 23 and 25 Rules Submitted to the RRC
    Notification of Proposed Readoption, Amendment or Repeal
    Public Comments/Public Hearing
    Fiscal Notes and Federal Law Certifications
    Readoption of 10A NCAC 22F .0301
    Procedure for Subjecting a Proposed Rule to Legislative Review
    Office of Administrative Hearings Mission Statement
    Archived Rules

    10 NCAC Chapter 23 and 25 Rules Submitted to the RRC

    10A NCAC 23A .0103

    10A NCAC 23C .0201

    10A NCAC 23D .0101; .0102; .0201

    10A NCAC 23E .0101; .0102; .0103; .0104; .0105; .0106; .0107; .0108; .0201; .0202; .0203; .0204; .0205; .0206; .0207; .0208; .0209; .0210; .0211

    10A NCAC 23G .0101; .0201; .0202; .0203; .0204; .0303; .0304

    10A NCAC 23H .0106; .0107; .0108; .0109; .0110; .0111; .0112; .0113

    10A NCAC 25A .0201

    10A NCAC 25H .0203

    10A NCAC 25K .0201; .0401

    10A NCAC 25M .0201

    10A NCAC 25P .0201; .0301; .0402

    Notification of Proposed Readoption, Amendment or Repeal of 10A NCAC Chapter 23 and 25 Rules

    Public Comments

    Public comments may be submitted January 2, 2019 - March 4, 2019.  

    You may submit comments by email to MedicaidRulesComments@dhhs.nc.gov or by mail to the following:

    Ryan Eppenberger, DHB Rulemaking Coordinator
    NC DHHS Division of Health Benefits
    2501 Mail Service Center, Raleigh, NC 27699-2501

    Public Hearing

    There was a public hearing on Jan. 25, 2019, from 1-3 p.m. at the Dorothea Dix Campus, Brown Building, Room 104, 801 Biggs Drive, Raleigh, NC 27603

    Fiscal Notes and Federal Law Certifications

    The following fiscal notes were approved by OSBM on December 3, 2018. The federal law certifications required by G.S. 150B-19.1(g) are located, as applicable, at the end of each fiscal note.

    •   Subchapter 23A Fiscal Note and Federal Law Certification: 10A NCAC 23A .0103

    •    Subchapter 23C Fiscal Note and Federal Law Certification: 10A NCAC 23C .0201 

    •    Subchapter 23E Fiscal Note and Federal Law Certification: 10A NCAC 23E .0101, .0102,
         .0103, .0104, .0105, .0106, .0107, .0108, .0201, .0202, .0203, .0204, .0205, .0206, .0207,
         .0208, .0209, .0210, .0211

    •    Subchapter 23E Fiscal Note on NC OSBM website

    •    Subchapter 23G Fiscal Note and Federal Law Certification: 10A NCAC 23G .0101, .0201,
         .0202, .0203, .0204, .0303, .0304

    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: 

    •    Subchapter 23H Federal Law Certification: 10A NCAC 23H .0106, .0107, .0108, .0109,
         .0110, .0111, .0112, .0113

    •    Subchapter 25A Federal Law Certification: 10A NCAC 25A .0201

    •    Subchapter 25K Federal Law Certification:10 A NCAC 25K .0401

    Note: Links to the text of the below-mentioned rules can be found above.

    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 23D: 10A NCAC 23D .0101, .0102, .0201
    •    Subchapter 25H: 10A NCAC 25H .0203
    •    Subchapter 25K: 10A NCAC 25K .0201
    •    Subchapter 25M: 10A NCAC 25M .0201
    •    Subchapter 25P: 10A NCAC 25P .0201, .0301, .0402

    Rules Proposed for Readoption with Substantive Changes Published on 1/2/19 in the NC Register:

    10A NCAC 23A .0103
    10A NCAC 23C .0201
    10A NCAC 23D .0101, .0102, and .0201
    10A NCAC 23E .0101, .0102, .0103, .0104, .0107, .0108, .0201, .0202, .0203, .0204, .0205, .0206, .0207, and .0208
    10A NCAC 23G .0101, .0204, and .0303
    10A NCAC 25K .0201
    10A NCAC 25M .0201
    10A NCAC 25P .0201, .0301, and .0402

    Rules Proposed for Readoption Without Substantive Changes (not published in the NC Register):

    10A NCAC 23E .0105, .0106, .0209, .0210, and .0211
    10A NCAC 23G .0201, .0202, .0203, and .0304
    10A NCAC 23H .0106, .0107, .0108, .0109, .0110, .0111, .0112 and .0113
    10A NCAC 25A .0201
    10A NCAC 25H .0203
    10A NCAC 25K .0401

    Readoption of 10A NCAC 22F .0301

    Notice is hereby given in accordance with G.S. 150B-21.12(c) that the Department of Health and Human Services, Division of Health Benefits intends to readopt with substantive changes the rule cited as 10A NCAC 22F .0301.

    Reason for Agency Action: This Rule was objected to by the RRC at the June 14, 2018, August 16, 2018, and September 20, 2018 meetings. At its November 15, 2018 meeting, this Rule was approved by the RRC, but the RRC found that the rewritten rule submitted in respons to their objection resulted in substantial changes to the Rule as referenced in 150B-21.12(c). As such, this Rule must be "published and reviewed in accordance with the procedure set forth in G.S. 150B-21.1(a3) and (b)."

    The Notice is posted on the OAH website: https://www.ncoah.com/rules/10A%20NCAC%2022F%20.0301%20with%20substantial%20changes.pdf

    There was a public hearing on Jan. 25, 2019, from 1-3 p.m. at the Dorothea Dix Campus, Brown Building, Room 104, 801 Biggs Drive, Raleigh, NC 27603

    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.

    Office of Administrative Hearings Mission Statement

    To serve the citizens of North Carolina, with quality and efficiency, by providing an independent forum for prompt and impartial resolution of administrative law contested cases involving citizens and state agencies; investigating alleged acts of unlawful employment practices in state government; functioning as the State’s codifier and publisher of all administrative rules; and reviewing rules before the Rules Review Commission.

    The North Carolina Register is published twice a month and contains information relating to agency rulemaking, executive orders, contested case decisions and other notices required by or affecting Chapter 150B of the General Statutes. All proposed administrative rules and notices of public hearings filed under G.S. 150B-21.2 must be published in the Register.

    Archived Rules

    Contact

    NC Medicaid, Division of Health Benefits
    Shazia Keller, Rulemaking Coordinator
    Phone: 919-855-4019
    Email: Shazia.Keller@dhhs.nc.gov