42583 - 10A Ncac 06 Report With Comments

G.S. 150B-21.3A Report for 10A NCAC 06, AGING: PROGRAM OPERATIONS

Agency - DHHS/Division of Aging

Comment Period - Filled in by Agency

Date Submitted to APO - Filled in by RRC staff

G.S. 150B-21.3A Report for 10A NCAC 06, AGING: PROGRAM OPERATIONS
SubchapterRule SectionRule CitationRule NameDate and Last Agency Action on the RuleAgency Determination [150B-21.3A(c)(1)a]Implements or Conforms to Federal Regulation [150B-21.3A(e)]Federal Regulation CitationPublic Comment Received [150B-21.3A(c)(1)]Agency Determination Following Public Comment [150B-21.3A(c)(1)]
SUBCHAPTER 06A – AGING: IN-HOME AIDE SERVICES FOR OLDER ADULTSSECTION .0100 - SCOPE OF SERVICE10A NCAC 06A .0101SCOPE OF IN-HOME AIDE SERVICESEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0102DEFINITIONSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0103DESCRIPTION OF IN-HOME AIDE SERVICE LEVELSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0104TARGET POPULATIONEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SECTION .0200 - CLIENT ELIGIBILITY10A NCAC 06A .0201ELIGIBILITY FOR IN-HOME AIDE SERVICESEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SECTION .0300 - SERVICE PROVISION10A NCAC 06A .0301SERVICE DELIVERYEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0302ASSESSMENT AND REASSESSMENT OF CLIENTEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0303IN-HOME AIDE SERVICE PLANEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0304COMPETENCY REQUIREMENTSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0305IN-HOME AIDE TASKS AND REQUIRED COMPETENCIESEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0306TIME FRAMES FOR COMPLETING COMPETENCY REQUIREMENTSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0307AIDE SUPERVISIONEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
Table data continuation
10A NCAC 06A .0308SELECTION OF AIDESAmended Eff. May 1, 1995Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0309CLIENT RECORDSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06A .0310QUALITY ASSURANCE REQUIREMENTSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SUBCHAPTER 06B - INSTITUTIONAL RESPITE CARE SERVICESECTION .0100 - SCOPE OF INSTITUTIONAL RESPITE CARE10A NCAC 06B .0101SCOPE OF INSTITUTIONAL RESPITE CARE SERVICEEff. November 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SECTION .0200 - SERVICE PROVISION10A NCAC 06B .0201SCREENING OF CLIENTEff. November 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06B .0202HOME VISITEff. November 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06B .0203SERVICE PLANSEff. November 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06B .0204DOCUMENTATION/RECORDS FOR PERSON REQUIRING CONSTANT CARE OR SUPERVISIONEff. November 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SUBCHAPTER 06C – INFORMATION AND ASSISTANCESECTION .0100 - SCOPE OF INFORMATION AND ASSISTANCE10A NCAC 06C .0101DEFINITIONS AND SCOPE OF INFORMATION AND ASSISTANCEAmended Eff. July 18, 2002Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06C .0102SERVICE PROVISIONEff. July 18, 2002Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SECTION .0200 – SERVICE PROVISION10A NCAC 06C .0201ELIGIBILITY FOR INFORMATION AND ASSISTANCEAmended Eff. July 18, 2002Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
Table data continuation
10A NCAC 06C .0202RESOURCE FILEAmended Eff. July 18, 2002Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06C .0203STAFF COMPETENCEAmended Eff. July 18, 2002Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06C .0204DOCUMENTATIONAmended Eff. July 18, 2002Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SUBCHAPTER 06D - CARE MANAGEMENTSECTION .0100 - SCOPE OF SERVICE10A NCAC 06D .0101SCOPE OF CARE MANAGEMENTEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06D .0102DEFINITIONSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06D .0103TARGET POPULATIONEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SECTION .0200 - SERVICE PROVISION10A NCAC 06D .0201CLIENT ELIGIBILITYEff. November 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06D .0202SCREENINGEff. November 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06D .0203ASSESSMENT AND REASSESSMENTEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06D .0204CARE PLANNINGEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06D .0205MONITORINGEff. November 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06D .0206DOCUMENTATIONEff. November 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SUBCHAPTER 06E - HOUSING AND HOME IMPROVEMENT SERVICESECTION .0300 - GENERAL10A NCAC 06E .0301PURPOSEEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
10A NCAC 06E .0302DEFINITIONSEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
10A NCAC 06E .0303SERVICE POPULATIONSEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
Table data continuation
10A NCAC 06E .0304APPLICATION FOR SERVICESEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
SECTION .0400 - SERVICE PROVISION10A NCAC 06E .0401SERVICE PROVIDER RESPONSIBILITIESEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
10A NCAC 06E .0402PROHIBITED SERVICE ACTIVITIESEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
10A NCAC 06E .0403REQUEST FOR WAIVEREff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
SUBCHAPTER 06F - HEALTH SCREENING SERVICESSECTION .0100 - SCOPE OF SERVICE10A NCAC 06F .0101SCOPE OF HEALTH SCREENING SERVICESEff. March 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
SECTION .0200 - SERVICE PROVISION10A NCAC 06F .0201PROVISION OF HEALTH SCREENING SERVICESEff. March 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
10A NCAC 06F .0202ELIGIBILITY FOR HEALTH SCREENING SERVICESEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
10A NCAC 06F .0203PERSONNEL REQUIREMENTSEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 3030 (a)(4)NoNecessary without substantive public interest
SUBCHAPTER 06G - SENIOR COMPANIONSECTION .0100 - SCOPE OF SERVICE10A NCAC 06G .0101SCOPE OF SENIOR COMPANIONEff. March 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06G .0102DEFINITION OF VOLUNTEER STATIONEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SECTION .0200 – SENIOR COMPANION ELIGIBILITY10A NCAC 06G .0201SENIOR COMPANION ELIGIBILITYEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06G .0202LETTER OF AGREEMENTEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06G .0203HOURSEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06G .0204TRAINING AND COMPETENCYEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06G .0205TERMINATIONEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
Table data continuation
SUBCHAPTER 06H - VOLUNTEER PROGRAM DEVELOPMENTSECTION .0100 - SCOPE OF SERVICE10A NCAC 06H .0101SCOPE OF VOLUNTEER PROGRAM DEVELOPMENT SERVICEEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SECTION .0200 - SERVICE PROVISION10A NCAC 06H .0201NEEDS ASSESSMENTEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06H .0202ADEQUACY OF INSURANCEEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06H .0203DOCUMENTATIONEff. February 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SUBCHAPTER 06I - HOME HEALTH SERVICESSECTION .0100 - SCOPE OF SERVICES10A NCAC 06I .0101SCOPE OF HOME CARE SERVICESEff. April 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06I .0102DESCRIPTION OF HOME CARE SERVICESEff. March 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SECTION .0200 - SERVICE PROVISION10A NCAC 06I .0201ELIGIBILITY FOR HOME CARE SERVICESEff. March 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06I .0202SERVICE DELIVERYEff. March 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06I .0203QUALITY ASSURANCEEff. March 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SUBCHAPTER 06J – MULTIPURPOSE SENIOR CENTERSSECTION .0100 – GENERAL PROVISIONS10A NCAC 06J .0101MULTIPURPOSE SENIOR CENTER OPERATING REQUIREMENTSEff. October 1, 1980Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321.53 ©NoNecessary without substantive public interest
SUBCHAPTER 06K – NUTRITION SERVICESSECTION .0100 – SCOPE OF SERVICE10A NCAC 06K .0101DEFINITION OF CONGREGATE AND HOME-DELIVERED MEALSAmended Eff. November 1, 1993Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
SECTION .0200 – SERVICE PROVISION10A NCAC 06K .0201STAFFINGAmended Eff. July 1, 2003Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06K .0202FOOD PREPARATION AND SAFETY REQUIREMENTSAmended Eff. July 1, 2003Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06K .0203MENU PLANNING REQUIREMENTSAmended Eff. July 1, 2003Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06K .0204ELIGIBILITY FOR SERVICEAmended Eff. July 1, 2003Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
Table data continuation
10A NCAC 06K .0205ADMINISTRATION REQUIREMENTSAmended Eff. July 1, 2003Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06K .0206PROHIBITED ACTIVITIESAmended Eff. July 1, 2003Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321 & 42 U.S.C.3027NoNecessary without substantive public interest
SUBCHAPTER 06P – ADMINISTRATION OF ADULT DAY CARE SERVICESSECTION .0100 – SERVICE DESCRIPTION: DEFINITION OF TERMS10A NCAC 06P .0101DEFINITION OF TERMSAmended Eff. January 1, 1986Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321 & 42 U.S.C.1397NoNecessary without substantive public interest
SECTION .0200 - CLIENT ELIGIBILITY: FEES AND CHARGES10A NCAC 06P .0201LIMITATIONSAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321 & 42 U.S.C.1397NoNecessary without substantive public interest
SECTION .0300 - PAYMENT METHODS FOR DAY CARE CENTERS/HOMES10A NCAC 06P .0301GENERAL POLICYAmended Eff. March 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321 & 42 U.S.C.1397NoNecessary without substantive public interest
SECTION .0400 - ROLE RESPONSIBILITIES IN PROGRAM CERTIFICATIONS10A NCAC 06P .0401STATE DIVISION OF AGING AND ADULT SERVICES RESPONSIBILITIESAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321 & 42 U.S.C.1397NoNecessary without substantive public interest
10A NCAC 06P .0402COUNTY DEPARTMENT OF SOCIAL SERVICES RESPONSIBILITYAmended Eff. July 1, 1984Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321 & 42 U.S.C.1397NoNecessary without substantive public interest
SECTION .0500 – PROGRAM CERTIFICATION10A NCAC 06P .0501DAY CARE PROGRAMS SERVING MORE THAN ONE COUNTYAmended Eff. July 1, 1990Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321 & 42 U.S.C.1397NoNecessary without substantive public interest
10A NCAC 06P .0502THE DSS-OPERATED ADULT DAY CARE CENTERAmended Eff. July 1, 1990Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321 & 42 U.S.C.1397NoNecessary without substantive public interest
SUBCHAPTER 06Q - ADULT DAY CARESECTION .0100 - SCOPE OF ADULT DAY CARE10A NCAC 06Q .0101ADULT DAY CARE STANDARDSEff. July 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321YesNecessary with substantive public interest
SECTION .0200 - REQUIREMENTS10A NCAC 06Q .0201MAXIMUM REIMBURSEMENT RATESEff. July 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R. 1321YesNecessary with substantive public interest
SUBCHAPTER 06R - ADULT DAY CARE STANDARDS FOR CERTIFICATIONSECTION .0100 - INTRODUCTION10A NCAC 06R .0101CERTIFICATION REQUIREMENTAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0102CORRECTIVE ACTIONAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
SECTION .0200 - DEFINITION OF TERMS10A NCAC 06R .0201DEFINITIONSAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
Table data continuation
SECTION .0300 - ADMINISTRATION10A NCAC 06R .0301GOVERNING BODYAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0302PROGRAM GOALSAmended Eff. July 1, 1990Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0303AGREEMENTSAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0304INSURANCEEff. July 1, 1978Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0305PERSONNEL: CENTERS: HOMES WITH OPERATOR AND STAFFAmended Eff. September 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0306PERSONNEL: DAY CARE HOMES: ONLY STAFF PERSON IS OPERATORAmended Eff. September 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0307PERSONNEL: VOLUNTEERSEff. July 1, 1978Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
SECTION .0400 - THE FACILITY10A NCAC 06R .0401GENERAL REQUIREMENTSAmended Eff. September 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0402BUILDING CONSTRUCTIONAmended Eff. September 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0403EQUIPMENT AND FURNISHINGSAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
SECTION .0500 - PROGRAM OPERATION10A NCAC 06R .0501PLANNING PROGRAM ACTIVITIESAmended Eff. February 1, 2008Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0502NUTRITIONAmended Eff. February 1, 2008Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0503TRANSPORTATIONAmended Eff. February 1, 2008Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0504EMERGENCIES AND FIRST AIDAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0505MEDICATIONSAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
Table data continuation
10A NCAC 06R .0506HOURS AND DAYS OF OPERATIONAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0507AVAILABILITY AND ACCESSIBILITY OF PROGRAM POLICIESAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0508RECORDSAmended Eff. February 1, 2008Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0509PROGRAM EVALUATIONAmended Eff. January 1, 1981Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0510DAY CARE PROGRAMS IN MULTI-USE FACILITIESAmended Eff. July 1, 1990Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
SECTION .0600 – CERTIFICATION PROCEDURE10A NCAC 06R .0601PROCEDUREAmended Eff. September 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0602CHANGES IN PERSONNELAmended Eff. July 1, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
SECTION .0700 - CONSTRUCTION REQUIREMENTS FOR DAY CARE HOME10A NCAC 06R .0701RESIDENTIAL BUILDING CODE REQUIREMENTSAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0702FIRE AND SAFETY REQUIREMENTSAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0703OTHERAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
SECTION .0800 - CERTIFICATION INFORMATION10A NCAC 06R .0801THE CERTIFICATEAmended Eff. July 1, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0802PROVISIONAL CERTIFICATEAmended Eff. July 1, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0803TERMINATION OF CERTIFICATIONAmended Eff. July 1, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0804DENIAL OR REVOCATION OF CERTIFICATEAmended Eff. July 1, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0805PENALTYAmended Eff. July 1, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
Table data continuation
10A NCAC 06R .0806PROCEDURE FOR APPEALAmended Eff. July 1, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
SECTION .0900 - SPECIAL CARE FOR PERSONS WITH ALZHEIMER’S DISEASE OR OTHER DEMENTIAS, MENTAL HEALTH DISABILITIES OR OTHER SPECIAL NEEDS DISEASES OR CONDITIONS IN ADULT DAY CARE CENTERS10A NCAC 06R .0901DISCLOSUREEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0902POLICIES AND PROCEDURESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0903THE FACILITY – SPECIAL CARE SERVICESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0904ENROLLMENT – SPECIAL CARE SERVICESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321YesNecessary with substantive public interest
10A NCAC 06R .0905INDIVIDUAL SERVICE PLANS – SPECIAL CARE SERVICESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0906PROGRAM PLAN – SPECIAL CARE SERVICESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0907STAFF ORIENTATION AND TRAINING – SPECIAL CARE SERVICESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
10A NCAC 06R .0908REQUIREMENTS FOR SPECIAL CARE SERVICES UNITEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
45 C.F.R.1321NoNecessary without substantive public interest
SUBCHAPTER 06S – ADULT DAY HEALTH STANDARDS FOR CERTIFICATIONSECTION .0100 - INTRODUCTION AND DEFINITIONS10A NCAC 06S .0101INTRODUCTORY STATEMENTAmended Eff. July 1, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
10A NCAC 06S .0102DEFINITIONSAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
SECTION .0200 - ADMINISTRATION10A NCAC 06S .0201ADMINISTRATIONEff. September 1, 1990Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
Table data continuation
10A NCAC 06S .0202PROGRAM GOALSEff. September 1, 1990Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0203STAFFING PATTERNAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
10A NCAC 06S .0204STAFF REQUIREMENTSAmended Eff. September 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
SECTION .0300 - FACILITY REQUIREMENTS FOR CENTERS AND HOMES10A NCAC 06S .0301REQUIREMENTSAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
10A NCAC 06S .0302CONSTRUCTION REQUIREMENTS FOR DAY HEALTH HOMESEff. September 1, 1990Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
SECTION .0400 - PROGRAM OPERATION10A NCAC 06S .0401PROGRAM OPERATION REQUIREMENTSEff. September 1, 1990Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0402ADDITIONAL ENROLLMENT AND PARTICIPATION REQUIREMENTSAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
10A NCAC 06S .0403HEALTH AND PERSONAL CARE SERVICESAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
10A NCAC 06S .0404TRANSPORTATIONAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
10A NCAC 06S .0405EMERGENCIES AND FIRST AIDAmended Eff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
SECTION .0500 - CERTIFICATION INFORMATION10A NCAC 06S .0501PROCEDUREAmended Eff. July 1, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
10A NCAC 06S .0502CHANGES IN PERSONNELEff. March 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0503THE CERTIFICATEEff. March 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0504PROVISIONAL CERTIFICATEEff. March 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0505TERMINATION OF CERTIFICATIONEff. March 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
Table data continuation
10A NCAC 06S .0506DENIAL OR REVOCATION OF CERTIFICATEEff. March 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0507PENALTYEff. March 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0508PROCEDURE FOR APPEALEff. March 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321YesNecessary with substantive public interest
10A NCAC 06S .0509CORRECTIVE ACTIONEff. March 1, 1992Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
SECTION .0600 - SPECIAL CARE FOR PERSONS WITH ALZHEIMER'S DISEASE OR RELATED DISORDERS, MENTAL HEALTH DISABILITIES, OR OTHER SPECIAL NEEDS DISEASES OR CONDITIONS IN ADULT DAY CARE CENTERS10A NCAC 06S .0601DISCLOSUREEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0602THE FACILITY – SPECIAL CARE SERVICESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0603ENROLLMENT – SPECIAL CARE SERVICESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0604INDIVIDUAL SERVICE PLANS – SPECIAL CARE SERVICESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0605PROGRAM PLAN – SPECIAL CARE SERVICESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0606STAFF ORIENTATION AND TRAINING – SPECIAL CARE SERVICESEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
10A NCAC 06S .0607REQUIREMENTS FOR SPECIAL CARE SERVICES UNITEff. July 17, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C. 1397 & 45 C.F.R. 1321NoNecessary without substantive public interest
SUBCHAPTER 06T – STATE ADULT DAY CARE FUNDINGSECTION .0200 - STATE ADULT DAY CARE FUND10A NCAC 06T .0201NATURE AND PURPOSE OF STATE ADULT DAY CARE FUNDAmended Eff. March 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96YesNecessary with substantive public interest
Table data continuation
10A NCAC 06T .0202DEFINITION OF SERVICEAmended Eff. July 1, 1983Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06T .0203ELIGIBILITYAmended Eff. July 1, 1983Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06T .0204COST-SHARINGAmended Eff. March 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06T .0205PROGRAM POLICIES AND STANDARDSAmended Eff. November 1, 1984Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06T .0206ALLOCATIONEff. January 1, 1982Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
SUBCHAPTER 06U – STATE IN-HOME SERVICES FUNDSECTION .0100 – STATE IN-HOME SERVICES FUND10A NCAC 06U .0101NATURE AND PURPOSE OF STATE IN-HOME SERVICES FUNDAmended Eff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06U .0102DEFINITIONS OF SERVICESAmended Eff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06U .0103ELIGIBILITYAmended Eff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06U .0104COST-SHARINGAmended Eff. March 1, 1994Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06U .0105PROGRAM POLICIES AND STANDARDSAmended Eff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06U .0106ALLOCATIONAmended Eff. October 1, 2000Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
SUBCHAPTER 06V – STATE IN-HOME SERVICES FUND: PREPARATION and DELIVERY OF MEALSSECTION .0100 – SERVICE DESCRIPTION10A NCAC 06V .0101REIMBURSABLE COST ITEMSAmended Eff. July 1, 1984Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
SECTION .0200 - DEFINITIONS10A NCAC 06V .0201DEFINITIONSAmended Eff. July 1, 1990Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
SECTION .0300 - METHODS OF SERVICE PROVISION10A NCAC 06V .0301GENERAL POLICYAmended Eff. July 1, 1984Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
Table data continuation
SECTION .0400 - MAXIMUM PURCHASE AND DELIVERY RATES: FEES: AND VOLUNTARY CONTRIBUTIONS10A NCAC 06V .0401MAXIMUM PURCHASE AND DELIVERY RATESAmended Eff. July 1, 1984Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
SECTION .0500 - ADDITIONAL REQUIREMENTS10A NCAC 06V .0501HEALTH AND SAFETY REQUIREMENTSReadopted Eff. October 31, 1977Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06V .0502PROFESSIONAL CONSULTATION REQUIREDAmended Eff. July 1, 1990Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
SUBCHAPTER 06W – STATE IN-HOME SERVICES FUND: HOUSING AND HOME IMPROVEMENT SERVICESSECTION .0100 – PROGRAM REQUIREMENTS10A NCAC 06W .0104NATURE AND PURPOSEEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06W .0105DEFINITIONSEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06W .0106SERVICE POPULATIONSEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06W .0107APPLICATION FOR SERVICESEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06W .0108SERVICE PROVIDER RESPONSIBILITIESEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06W .0109PROHIBITED ACTIVITIESEff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06W .0110REQUEST FOR WAIVEREff. July 1, 2007Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
SUBCHAPTER 06X – STATE IN-HOME SERVICES FUND: IN-HOME AIDE SERVICESSECTION .0100 - COORDINATION10A NCAC 06X .0101IN-HOME AIDE SERVICES FOR OLDER ADULTSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
SECTION .0200 - PROGRAM REQUIREMENTS10A NCAC 06X .0201IN-HOME AIDE SERVICES: ADULTS, CHILDREN AND THEIR FAMILIESEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0202DEFINITIONSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
Table data continuation
10A NCAC 06X .0203DESCRIPTION OF IN-HOME AIDE SERVICE LEVELS FOR ADULTSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0204DESCRIPTION OF IN-HOME AIDE LEVELS FOR CHILDREN/FAMILIESEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0205SERVICE DELIVERYEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0206ASSESSMENT AND REASSESSMENTSAmended Eff. September 1, 1993Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0207IN-HOME AIDE SERVICE PLANAmended Eff. September 1, 1993Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0208COMPETENCY REQUIREMENTSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0209TIME FRAMES FOR COMPLETING COMPETENCY REQUIREMENTSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0210AIDE SUPERVISIONAmended Eff. September 1, 1993Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0211SELECTION OF AIDESAmended Eff. December 1, 1995Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0212CLIENT RECORDSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0213QUALITY ASSURANCE REQUIREMENTSEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
10A NCAC 06X .0214METHODS OF SERVICE PROVISIONEff. December 1, 1991Necessary without substantive public interestYes
If yes, include the citation to the federal law
42 U.S.C.1397 & 45 C.F.R.Part 96NoNecessary without substantive public interest
Table 2: Comments and Responses
RowRuleTitleRuleCitationTimestampFirstNameLastNameCompanyEmailCommentDAAS ResponseRRC Recommendation
Table data continuation
1
2SCOPE OF IN-HOME AIDE SERVICES10A NCAC 06A .010120-Apr-16ErinGlendeningDHSRerin.glendening@dhhs.nc.govThis is a test of the system.N/A
3ADULT DAY CARE STANDARDS10A NCAC 06Q .010120-Jun-16CarrieCameronccameron113@gmail.comThe reimbursement rates are not sustainable and should be Increased! Please!DAAS is working with the NC Adult Day Services Association (NCADSA) to
4ADULT DAY CARE STANDARDS10A NCAC 06Q .010124-Jun-16MarianneRatcliffePiedmont Health SeniorCareratclifm@piedmonthhealth.orgrecommend creation of PACE Adult Day Centers standards that reflect the realities of PACE as follows on my comments in pertinent rules.PACE is a a Medicaid Program. under the authority of the Division of Medical Assistance (DMA). When the NC PACE program was developed in 2014 it was
5MAXIMUM REIMBURSEMENT RATES10A NCAC 06Q .020116-Jun-16The Wright's Center, Inc.wrightsboard@gmail.comThe financial stability of many adult day service centers is in jeopardy because we are restricted to a HCCBG reimbursement rate that does not adequately cover the actual cost of the services provided. When completing the 2016-17 Service Cost Computation Worksheet (SCCW) for next year, it is quite evident that my expenses are more than the revenue I anticipate receiving. Therefore, as a non-profit we are required to raise funds as best we can to balance our budget. According to the SCCW, the average cost of one day of adult day health service is $135.24; however, the center only receives $40 from either County served (Nash and Edgecombe). The SCCW rate for day care is $111.47, yet we only receive $33.01 from HCCBG reimbursement for either county. We serve a population that is indigent, on fixed incomes and without the expensive transportation we provide to them at a minimal cost of $6 (in town) or $7 (out of town), round trip per day, many would not be able to attend the program. Our transportation cost is over $10,000 per month, yet we only collect about $500 per month to cover this cost from participants. We definitely need a rate increase to be able to continue to operate in our community. Thank you for the opportunity to share my comments.
Table data continuation
6MAXIMUM REIMBURSEMENT RATES10A NCAC 06Q .020116-Jun-16NateHugginsBlessed Assurance Adult Day and Health Care Svcs, Inc.Nate@blessedadultcare.org1. Current Adult Day Health Care service reimbursement rate is $40 per day with a $3 per day transportation reimbursement.

2. The $40 per day service reimbursement needs to be changed to at least $60 to compete with the minimum daily cost of doing business. Currently, the Veteran's Administration's service reimbursement rate begins at $60 per day and goes beyond $100 per day in some states.

3. The $3 per day transportation reimbursement is not enough to purchase 1 gallon of premium fuel and certainly doesn't cover the fuel and other overhead related cost of transporting a mentally and physically challenged adult 40 miles round trip from their home to the Adult Day Care Center and back. This reimbursement should be increased to a minimum of $20 per day. Currently, the Veteran's Administration's reimbursement rate begins at $30 per day and goes beyond $50 per day in some states.

Nate Huggins, CEO
Blessed Assurance Adult Day and Health Care Svcs, Inc.
13001 Idlewild Road
Matthews, NC 28105
DAAS is working with the NCADSA to address this issue
Table data continuation
7MAXIMUM REIMBURSEMENT RATES10A NCAC 06Q .020121-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.comOf all the services eligible for HCCBG funding, adult day care and adult day health are the only services for which maximum rates of payment are not market-based and are set by a regulatory entity. Remove the maximum reimbursement rates for HCCBG and State Adult Day Care Fund adult day care and adult day health so adult day centers can operate more effectively while allowing for differences such as in service levels, hours of operation, regional economies.
- Adult day centers share the same focus as other HCCBG services.
- Removing the maximum rates will not require an increase in funding; it will simply allow the rates to be set at the local level just like all of the other HCCBG funded services.
- The current system makes it extremely difficult to increase reimbursement rates. The last rate increase for adult day centers for HCCBG and SADCF was in 2006. This established a maximum reimbursement rate of $33.07 per unit/day of adult day care and $40 per unit/day of adult day health.
- The low reimbursement rates place significant challenges on the sustainability of existing adult day centers and severely limit growth of this service sector in NC.
- Lack of adult day centers limits affordable care options for frail and impaired adults and their
DAAS is working with the NCADSA to address this issue
8MAXIMUM REIMBURSEMENT RATES10A NCAC 06Q .020124-Jun-16MarianneRatcliffePiedmont Health SeniorCareratclifm@piedmonthhealth.orgNot applicable to PACE. PACE receives no reimbursement for the provision of adult day services. PACE is a distinct and separate program which receives capitated payments from Medicare and Medicaid.N/A this issue is not related to the provision of PACE
Table data continuation
9MAXIMUM REIMBURSEMENT RATES10A NCAC 06Q .020124-Jun-16MichaelBolesResources for Seniors, Inc.michaelb@rfsnc.orgPlease remove the maximum reimbursement rates through HCCBG and SADCF for adult day care and adult day health. Locally developed calculated rates will allow adult day centers to operate more effectively while allowing for differences such as in service levels, hours of operation, and regional economies. Of all the services eligible for Home and Community Care Block Grant funding, adult day care and adult day health care are the only services for which maximum rates of payment are not market-based and are set by a regulatory entity. The current reimbursement rates of $33.07/day for social ADS and $40.00/day for health ADS place significant challenges on the sustainability of existing adult day centers and severely limit growth of this service sector in NC. Continued low reimbursement rates may lead to a lack of adult day centers, limiting affordable care options for frail and impaired adults and their caregivers, potentially leading to premature institutionalization of adults that will drive up costs for taxpayers.

In March of 2015, the North Carolina Adult Day Services Association (NCADSA) extended an invitation to all adult day service providers in our state to participate in a Cost Analysis Project by completing a basic cost analysis spreadsheet based on their most recently completed fiscal year. Follow up calls and
DAAS is working with the NCADSA to address this issue
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10CERTIFICATION REQUIREMENT10A NCAC 06R .010122-Jun-16LindaShawNC PACE Asssociationlinda.shaw@ncpace.orgRequirement is unnecessary and duplicative for PACE. Page ii of the DHHS Adult Day Care and Adult Day Health Standards for Certification states that 'The standards which follow for adult day care and adult day health are not intended as standards for day hospitals, partial hospital programs or other medically oriented day services.' PACE is a Medicare (and Medicaid) program delivering comprehensive medical care. PACE is the full-risk insurer and provider of all medical care to its patients. Most of the services are delivered at the PACE facility, which includes a 'day center' as just one component of the all-inclusive health care provided by PACE. PACE clearly fits into the referenced medical exclusion. Additionally, all aspects of PACE are regulated and monitored by both the federal government (CMS) and by the NC Division of Medical Assistance, so additional regulation as an ADHC is duplicative and unnecessary.Page ii of the North Carolina Adult Day Care/Day Health Services Standards for Certification is the preface to the Standards and is not a rule. Please refer to the September 15, 2014 PACE Strategic Plan Report and to the Federal Registry 42 CFR 460. DAAS defers to DMA on this item.
11CERTIFICATION REQUIREMENT10A NCAC 06R .010124-Jun-16Requirement is unnecessary and duplicative for PACE. Page ii of the DHHS Adult Day Care and Adult Day Health Standards for Certification states that 'The standards which follow for adult day care and adult day health are not intended as standards for day hospitals, partial hospital programs or other medically oriented day services.' PACE is a Medicare (and Medicaid) program delivering comprehensive medical care. PACE is the full-risk insurer and provider of all medical care to its patients. Most of the services are delivered at the PACE facility, which includes a 'day center' as just one component of the all-inclusive health care provided by PACE. PACE clearly fits into the referenced medical exclusion. Additionally, all aspects of PACE are regulated and monitored by both the federal government (CMS) and by the NC Division of Medical Assistance, so additional regulation as an ADHC is duplicative and unnecessary.This is a duplicate of the above item.
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12CORRECTIVE ACTION10A NCAC 06R .010222-Jun-16Duplicative of existing DMA and CMS monitoring. Recommend elimination for PACE. Alternatively, create PACE Adult Day Center set of standards for monitoring.Please refer to the September 15, 2014 PACE Strategic Plan Report for PACE programs.
13CORRECTIVE ACTION10A NCAC 06R .010224-Jun-16Duplicative of existing DMA and CMS monitoring. Recommend elimination for PACE. Alternatively, create PACE Adult Day Center set of standards for monitoring.Duplication of above comment.
14DEFINITIONS10A NCAC 06R .020121-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com25. Owner: Not-for-profit centers do not have owners; rather, they have a board of directors.
Suggest: person responsible for management of a for profit day care home or day health home.
DAAS unsure of what is meant by this comment as the rule already states the suggested language.
15DEFINITIONS10A NCAC 06R .020121-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com30. Program Director: Although the duties are comparable, the title is not consistent with PACE programs which are also monitored by DAAS. In PACE the Program Director could be titled Executive Director and or CEO; however, ADH regulations require use of the title Program Director. This label also causes confusion and problems in adult day programs where there is a parent company that often has other titles. Consideration should be given to being flexible on 'the title' and more focused on 'the duties.'

Add Health Care Coordinator definition.

Add PACE definition.
1). For the comments related to PACE programs, please refer to the September 15, 2014 PACE Strategic Plan Report. 2). For the ADC/ADH programs, the current rule allows for flexibility, and focuses on the required duties, functions and qualifications of the Program Director position. 3). The current rules outline the requirements and duties of the Health Care Coordinator. 4). DAAS defers to DMA on this item.
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16DEFINITIONS10A NCAC 06R .020122-Jun-16As indicated throughout these comments, PACE is a distinct program already heavily monitored by CMS and DMA, rendering state certification as an ADHC unneccessary and duplicative. If certification continues, however, a definition should be added for the 'PACE adult day center' and rules and requirements throughout should be amended or deleted to reflect the important distinction. Existing definitions would also need to change to be relevant to PACE. The capacity definition based on square footage does not apply because all PACE participants do not attend the adult day health center. The definition of Special Care services also does not apply to PACE programs.Please refer to the September 15, 2014 PACE Strategic Plan Report for PACE programs and DAAS defers to DMA as DMA is the administering agency for PACE.
17DEFINITIONS10A NCAC 06R .020124-Jun-16As indicated throughout these comments, PACE is a distinct program already heavily monitored by CMS and DMA, rendering state certification as an ADHC unneccessary and duplicative. If certification continues, however, a definition should be added for the 'PACE adult day center' and rules and requirements throughout should be amended or deleted to reflect the important distinction. Existing definitions would also need to change to be relevant to PACE. The capacity definition based on square footage does not apply because all PACE participants do not attend the adult day health center. The definition of Special Care services also does not apply to PACE programs.This is a duplicate of the above item.
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18DEFINITIONS10A NCAC 06R .020124-Jun-16As indicated throughout these comments, PACE is a distinct program already heavily monitored by CMS and DMA, rendering state certification as an ADHC unneccessary and duplicative. If certification continues, however, a definition should be added for the 'PACE adult day center' and rules and requirements throughout should be amended or deleted to reflect the important distinction. Existing definitions would also need to change to be relevant to PACE. The capacity definition based on square footage does not apply because all PACE participants do not attend the adult day health center. The definition of Special Care services also does not apply to PACE programs.This is a duplicate of the above item.
19DEFINITIONS10A NCAC 06R .020124-Jun-16Repeat of comments on 10A NCAC 06R .0201: As indicated throughout these comments, PACE is a distinct program already heavily monitored by CMS and DMA, rendering state certification as an ADHC unneccessary and duplicative. If certification continues, however, a definition should be added for the 'PACE adult day center' and rules and requirements throughout should be amended or deleted to reflect the important distinction. Existing definitions would also need to change to be relevant to PACE. The capacity definition based on square footage does not apply because all PACE participants do not attend the adult day health center. The definition of Special Care services also does not apply to PACE programs.Duplication of above comment.
20PROGRAM GOALS10A NCAC 06R .030222-Jun-16Goals for PACE should be consistent with the mission, vision and values of PACE, which is a considerably more comprehensive medical and social model of care.The current rule allows flexibility regarding the program's goals. Please refer to the September 15, 2014 PACE Strategic Plan Report for PACE programs.
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21PROGRAM GOALS10A NCAC 06R .030224-Jun-16Goals for PACE should be consistent with the mission, vision and values of PACE, which is a considerably more comprehensive medical and social model of care.This is a duplicate of the above item.
22INSURANCE10A NCAC 06R .030422-Jun-16Adequate liability insurance coverage should also include professional staffDAAS is not sure what is meant by "professional staff." Is this a reference to licensed or non-licensed or both? However, defers to DMA as the Current ADC/ADH rules only require one licensed professional.
23INSURANCE10A NCAC 06R .030424-Jun-16Adequate liability insurance coverage should also include professional staffDuplication of above comment.
24PERSONNEL: CENTERS: HOMES WITH OPERATOR AND STAFF10A NCAC 06R .030521-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(4) There shall be a written job description for each position, full-time or part-time. The job description shall specify qualifications of education and experience; to whom employee is responsible; duties and responsibilities; and salary range.

Requirement to include salary range should be eliminated. Job descriptions should not be required to have salary ranges. There is inconsistency in how this rule is being applied by monitors. The numbers are often meaningless.
Although DAAS has scheduled routine meetings with NCADSA, this concern was not yet expressed by the association. DAAS will research this and review that rule.
25PERSONNEL: CENTERS: HOMES WITH OPERATOR AND STAFF10A NCAC 06R .030521-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(5) References, including former employers, shall be required in recruitment of staff.

This rule is problematic because most employers will only provide employment verification rather than a reference. Change to include employment verification.
During routine meetings with NCADSA, this comment was not yet expressed by the association to DAAS staff as a concern. DAAS will research this comment and review that rule.
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26PERSONNEL: CENTERS: HOMES WITH OPERATOR AND STAFF10A NCAC 06R .030521-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.comThe program director shall have the authority and responsibility for the management of activities and direction of staff to ensure that activities and services are provided in accordance with established program policies.

Allow flexibility in the title to use Program Director as the title. In PACE the Program Director could be titled Executive Director and or CEO; however, ADH regulations require use of the title Program Director. Focus should be given on ensuring that the duties are addressed rather than a rigid title. Adult day centers that are part of larger organizations may be locked in to titles other than 'Program Director.'
Duplication of previous comment
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27PERSONNEL: CENTERS: HOMES WITH OPERATOR AND STAFF10A NCAC 06R .030522-Jun-16Owners to reside in the home should be eliminated.
PACE employees do not live in the PACE centers.
Eliminate section (d) requirement for job descriptions to include salary ranges. Eliminate reference requirement due to employment laws which only allow for limited reference information such as dates of employment and title. It is optional for previous employers to give rehire eligibility Ratios are applicable for Adult Day Health and Day Health only. PACE programs staff also include members of the IDT and drivers who are considered direct care staff.
Program Director requirement-eliminate requirement to use Program Director as the title. In PACE the Program Director could be titled Executive Director and or CEO; however, ADH regulations require use of the title Program Director.This is purely semantics and has no bearing on the delivery of care to the individuals. Health Care Coordinator requirement-PACE programs have multiple nurses caring for the participant. Eliminate requiring one nurse identified as health care coordinator. Maintain all nursing requirements except completing preadmission health assessment for initial acceptance into program, including problem-identification and care planning. Potential PACE participants receive medical assessments by licensed physician prior to enrollment. These medical assessments include a recommendation from the Physician regarding PACE
Many statements in this comment are duplications of other comments. DAAS response is limited to only the new items expressed in this comment: 1). PACE programs do not have owners, they have non-profit board of directors, therefore, this comment about homes is not applicable to PACE programs, but is applicable to ADC/ADH homes. 2). although the NC PACE Association has participated in meetings with DAAS and NCADSA several times this concern related to staffing ratios had not yet been raised. This rule relates to the ADH setting, not the additional services provided by PACE. 3). DAAS will need to consult with DMA regarding the designated Health Care Coordinator position and the nursing pre-admission assessment requirements.
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28PERSONNEL: CENTERS: HOMES WITH OPERATOR AND STAFF10A NCAC 06R .030524-Jun-16PACE employees do not live in the PACE centers.
Eliminate section (d) requirement for job descriptions to include salary ranges. Eliminate reference requirement due to employment laws which only allow for limited reference information such as dates of employment and title. It is optional for previous employers to give rehire eligibility Ratios are applicable for Adult Day Health and Day Health only. PACE programs staff also include members of the IDT and drivers who are considered direct care staff.
Program Director requirement-eliminate requirement to use Program Director as the title. In PACE the Program Director could be titled Executive Director and or CEO; however, ADH regulations require use of the title Program Director.This is purely semantics and has no bearing on the delivery of care to the individuals. Health Care Coordinator requirement-PACE programs have multiple nurses caring for the participant. Eliminate requiring one nurse identified as health care coordinator. Maintain all nursing requirements except completing preadmission health assessment for initial acceptance into program, including problem-identification and care planning. Potential PACE participants receive medical assessments by licensed physician prior to enrollment. These medical assessments include a recommendation from the Physician regarding PACE
This is a duplicate of the above item.
29GENERAL REQUIREMENTS10A NCAC 06R .040121-Jun-16g. Address whether or not urinals can be counted as toilets.

Clarify which staff are being counted..is it all staff (which is not feasible in a large center) or just the # of staff to meet the direct care ratio? For certification purposes, what is used? Allowances should be made if there are bathrooms available for staff use that are outside of the certified space, but in a shared area (with other departments or services). In other words, if that is the case and that is what the staff use then they should be able to be counted OR remove staff from the count.
DAAS will confer with Department of Insurance, State Fire Marshal's office regarding this comment as it also pertains to accesibility of bathrooms.
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30GENERAL REQUIREMENTS10A NCAC 06R .040121-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(i) A telephone shall be available for participants to make and receive calls. The following is obsolete and should be deleted: [A pay station telephone is not acceptable for local calls.]DAAS agrees with removing "A pay station telephone is not acceptable for local calls."
31EQUIPMENT AND FURNISHINGS10A NCAC 06R .040321-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(2) table space adequate for all participants to be served a meal at a table at the same time and for program activities;

'At the same time' is in conflict with person-centered care. It is more reasonable in larger facilities that some people may be eating simultaneously while others are engaged in program activities. Delete 'at the same time.'
DAAS is not opposed to this suggestion, will consult with Person Centered Experts.
32EQUIPMENT AND FURNISHINGS10A NCAC 06R .040321-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(3) chairs or sofas that allow for position changes, are upholstered or of soft material, and water and stain resistant, so that at least half of the participants can relax and rest at the same time. If all participants take a daily rest period at the same time, the facility shall have enough of such seating for all participants;

This does not address people who are in wheelchairs who are best served by staying in their wheelchairs for position changes. Suggest adding an exception for people in wheelchairs that allow for position changes.
DAAS is not opposed to this suggestion, will review.
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33EQUIPMENT AND FURNISHINGS10A NCAC 06R .040321-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(4) a quiet space with a minimum of one bed or cot so that participants can lie down as needed separate from other program activities.

This is interpreted inconsistently by monitors and needs clarification. Currently, some interpret that this can be the bed in the treatment room and some say that it has to be a separate room. This needs to be clarified and the question needs to be asked...why can't it be the bed in the treatment room. Several centers either have a room deemed 'quiet room' that meets the standard but it never used because it is used more for storage and is not appealing to the participants or that there is a folding cot stored away that can be brought out if needed and meets the standard. , such as it has to be an exclusive room which is rarely used in many centers. The clinic in a PACE center should be allowed as quiet space.
Using the bed in the treatment room is not acceptable because another participant may be receiving treatment on said bed in treatment room, therefore, defeating the purpose of the quiet space. Additionally, the quiet space should not be used for storage. A folding cot that can be placed in the quiet space is fine. The current rule allows for provider flexibility. As for the clinic area in the PACE center, this is not always a quiet place, therefore, defeats the purpose of the rule.
34EQUIPMENT AND FURNISHINGS10A NCAC 06R .040322-Jun-16PACE is a full service clinic and comprehensive care provider, with additional space and equipment specifically suited to the frail elderly population served, rendering these ADHC regulations unneccessary. Recommend elimination for PACE, or creation of PACE Adult Day Centers standards that reflect the realities of PACE as follows:
RECOMMENDATION FOR CHANGE TO STANDARD:
For PACE, the quiet space for lying down can include a space in the clinic where beds are available for clinical care as well as resting, and a separate area for quieter activities or programs.
The PACE program will provide sufficient furnishings and equipment that meet the needs of all participants.
Duplication of above See above
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35EQUIPMENT AND FURNISHINGS10A NCAC 06R .040324-Jun-16Recommend creation of PACE Adult Day Centers standards that reflect the realities of PACE as follows:
RECOMMENDATION FOR CHANGE TO STANDARD:
For PACE, the quiet space for lying down can include a space in the clinic where beds are available for clinical care as well as resting, and a separate area for quieter activities or programs.
Duplication of above See above
36PLANNING PROGRAM ACTIVITIES10A NCAC 06R .050121-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com1. Enrollment Procedures
a. For PACE, Enrollment Agreement will suffice for ADH enrollment procedures provided they cover CMS/DMA Enrollment Process (460.162) & Participant Rights (460.116). Standard NC PACE Intake Enrollment Agreement & Process to be accepted provided enrollment agreement includes a statement that document was received and an agreement to abide by the ADH policies.

2. Planning Services for individual participants
a. PACE will comply with participant assessment requirements set forth in 460.104.
b. For PACE, the service plan will be signed in accordance with PACE regulation 460.106.
c. For PACE, the written service plan will be developed according to PACE regulation 460.106.
Please refer to the September 15, 2014 PACE Strategic Plan report and crosswalk
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37PLANNING PROGRAM ACTIVITIES10A NCAC 06R .050122-Jun-16Requirements for PACE are extensively covered by CMS and/or DMA regulations. Recommend eliminating PACE from NC Adult Day standards. Alternatively, recommend creation of PACE Adult Day Centers standards that reflect the realities of PACE as follows: RECOMMENDATION FOR CHANGE TO STANDARD:
1. Enrollment Procedures
a. For PACE, in lieu of this requirement, Enrollment Agreement will suffice for ADH enrollment procedures provided they cover CMS/DMA Enrollment Process (460.162) & Participant Rights (460.116). Standard NC PACE Intake Enrollment Agreement & Process to be accepted provided enrollment agreement includes a statement that document was received and an agreement to abide by the ADH policies.
b. For PACE, in lieu of this requirement, the enrollment process will be conducted in accordance with PACE regulation 460.162
c. For PACE, in lieu of this requirement, CMS/DMA voluntary disenrollment regulation 460.164 will be followed
d. For PACE, in lieu of this requirement, CMS/DMA involuntary disenrollment regulation 460.164 will be followed.

2. Planning Services for individual participants
Please refer to the September 15, 2014 PACE Strategic Plan report and crosswalk
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38PLANNING PROGRAM ACTIVITIES10A NCAC 06R .050124-Jun-16recommend creation of PACE Adult Day Centers standards that reflect the realities of PACE as follows:
RECOMMENDATION FOR CHANGE TO STANDARD:
1. Enrollment Procedures
a. For PACE, in lieu of this requirement, Enrollment Agreement will suffice for ADH enrollment procedures provided they cover CMS/DMA Enrollment Process (460.162) & Participant Rights (460.116). Standard NC PACE Intake Enrollment Agreement & Process to be accepted provided enrollment agreement includes a statement that document was received and an agreement to abide by the ADH policies.
b. For PACE, in lieu of this requirement, the enrollment process will be conducted in accordance with PACE regulation 460.162
c. For PACE, in lieu of this requirement, CMS/DMA voluntary disenrollment regulation 460.164 will be followed
d. For PACE, in lieu of this requirement, CMS/DMA involuntary disenrollment regulation 460.164 will be followed.

2. Planning Services for individual participants
a. For PACE, in lieu of this requirement, the participant assessments will conducted in accordance with CMS/DMA regulation 460.104.
b. For PACE, in lieu of this requirement, the service
Please refer to the September 15, 2014 PACE Strategic Plan report and crosswalk
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39NUTRITION10A NCAC 06R .050221-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(d) A licensed dietician/nutritionist shall give consultation to the staff on basic and special nutritional needs and proper food handling techniques and the prevention of foodborne illness.

This rule is interpreted inconsistently--some monitors accept ServSafe Certification, while others require consultation by a licensed dietician which is very costly. Update the rule to be comparable to nutrition site language (10A NCAC 06K .0202) or allow for ServSafe Certfication. Suggested update: A licensed dietician/nutritionist shall give consultation to the staff on basic and special nutritional needs. All staff working in the preparation of food shall insure the application of hygienic techniques and practices in food handling, preparation and service. This staff consult with the a licensed dietician/nutritionist for advice and consultation as necessary.

PACE programs are regulated by PACE regulation 460.78
DAAS will review and provide interpretation as needed of this rule.
40NUTRITION10A NCAC 06R .050222-Jun-16RECOMMENDATION FOR CHANGE TO STANDARD:
ADD somewhere in this section: For PACE programs, dietary services will be regulated by PACE regulation 460.78
3. Snacks shall be planned to keep sugar, salt and total fat intake to a minimum.
Refer to September 15, 2014 PACE Strategic Plan report and crosswalk
41NUTRITION10A NCAC 06R .050224-Jun-16RECOMMENDATION FOR CHANGE TO STANDARD:
Nutrition - ADD somewhere in this section: For PACE programs, dietary services will be regulated by PACE regulation 460.78
3. Snacks shall be planned to keep sugar, salt and cholesterol total fat intake to a minimum.
Duplication of above
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42TRANSPORTATION10A NCAC 06R .050321-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.comFor PACE programs, transportation services will be regulated by PACE regulation 460.76.

(4) Vehicles shall be equipped with a first aid kit, consisting of the items listed in 10A NCAC 06S .0301(a), and a fire extinguisher.

The first aid supplies should not be listed because some are never used and others that are not listed are used frequently. This list is outdated, impractical and not in keeping with the daily operational needs of most Adult Day centers. Modify to state that first aid supplies should consistent with those recommended by American Red Cross.
Refer to September 15, 2014 PACE Strategic Plan report and crosswalk. DAAS will review the first aid supplies comment.
43TRANSPORTATION10A NCAC 06R .050322-Jun-16Requirements for PACE are extensively covered by CMS and/or DMA regulations. Recommend eliminating PACE from NC Adult Day standards. Alternatively,recommend creation of PACE Adult Day Centers standards that reflect the realities of PACE as follows: RECOMMENDATION FOR CHANGE TO STANDARD:
In lieu of this requirement, for PACE programs, transportation services will be regulated by PACE regulation 460.76.
The first aid kit contents should be changed to reflect the suggested changes in 10A NCAC 06R .0504
Duplication of above.
44TRANSPORTATION10A NCAC 06R .050324-Jun-16recommend creation of PACE Adult Day Centers standards that reflect the realities of PACE as follows:
RECOMMENDATION FOR CHANGE TO STANDARD:
In lieu of this requirement, for PACE programs, transportation services will be regulated by PACE regulation 460.76.
Note that the first aid kit contents will be changed to reflect the suggested changes in section 111 B5.
'
Duplication of above.
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45EMERGENCIES AND FIRST AID10A NCAC 06R .050421-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(f) The program shall have a portable basic emergency information file available on each client that includes...

Add 'portable includes electronic access' since PACE programs and a growing number of adult day centers store information electronically.
DAAS will review it.
46EMERGENCIES AND FIRST AID10A NCAC 06R .050421-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(d) All physically able staff who have direct contact with participants shall complete certified training in standard first aid and cardio-pulmonary resuscitation (CPR).

This first aid rule seems irrelevant for the certified or licensed medical personnel such as the doctors, pharmacists in PACE or nurses. Suggest revising so that only non-certified or non-licensed medical personnel with direct contact with participants shall be required to complete first aid training.
DAAS will review and seek consultation from various licensing boards.
47EMERGENCIES AND FIRST AID10A NCAC 06R .050422-Jun-16recommend creation of PACE Adult Day Centers standards that reflect the realities of PACE as follows:
RECOMMENDATION FOR CHANGE TO STANDARD:
In lieu of this requirement, for PACE programs, emergency services will be regulated by PACE regulation on Emergency Care, 460.100 and pertinent elements of CMS/DMA regulation 460.102 (staffing, Training & Interdisciplinary Team).

4. Revise first sentence here to state: All physically able staff who have direct contact with participants shall complete certified training in cardio-pulmonary resuscitation (CPR). Only non-certified or non-licensed medical personnel with direct contact with participants shall be required to complete first aid training.
a. taught by a certified instructor. Delete the wording 'certified through the American Hearth Association, American red cross, national safety council, American safety and health institute, or EMS.'

6. ADD: 'Portable' includes electronic access.
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48EMERGENCIES AND FIRST AID10A NCAC 06R .050424-Jun-16recommend creation of PACE Adult Day Centers standards that reflect the realities of PACE as follows:
RECOMMENDATION FOR CHANGE TO STANDARD:
In lieu of this requirement, for PACE programs, emergency services will be regulated by PACE regulation on Emergency Care, 460.100 and pertinent elements of CMS/DMA regulation 460.102 (staffing, Training & Interdisciplinary Team).

4. Revise first sentence here to state: All physically able staff who have direct contact with participants shall complete certified training in cardio-pulmonary resuscitation (CPR). Only non-certified or non-licensed medical personnel with direct contact with participants shall be required to complete first aid training.
a. taught by a certified instructor. Delete the wording ''certified through the American Hearth Association, American red cross, national safety council, American safety and health institute, or EMS.''

6. ADD: 'Portable' includes electronic access.

'
First portion is a duplicate. DAAS will review comments related to instructor certification. Last item tiled 4 is a duplicate.
49HOURS AND DAYS OF OPERATION10A NCAC 06R .050622-Jun-16Do not require that PACE director receive agreement from county DSS for scheduled closure daysDAAS will review.
50HOURS AND DAYS OF OPERATION10A NCAC 06R .050624-Jun-16Do not require that PACE director receive agreement from county DSS for scheduled closure days.Duplication of above
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51RECORDS10A NCAC 06R .050821-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(D) time of day participant will arrive and time of day participant will leave the program;

Caregivers are often unsure, when enrolling the participant, what kinds of issues they will run into when getting a family member ready and it changes based upon which family member is providing transportation that day. If the participant is using contracted transportation, then the caregiver doesn't know upon enrollment what those times will be. I think the intent was to allow the program to plan...but we learn and adjust to participant's schedules regularly (not based upon what they wrote on enrollment paperwork). Therefore, it is often arbitrary times that are added in order to meet the standard (no value). It would be much more meaningful to capture the expected days participants plan to attend.
This rule is to ensure participant safety and adequate staff to participant ratios are maintained. DAAS will review.
52RECORDS10A NCAC 06R .050822-Jun-16As noted throughout, PACE is also regulated by CMS and DMA, and these regulations are more appropriate for PACE. This requirement is duplicative of the CMS regulation. In lieu of eliminating duplicative regulations, PACE Association recommends the following language for standards specific to PACE:
PACE will comply with 42 CFR § 460.210 as it pertains to individual participant records in lieu of ADHC regulations b.1-7.
For PACE, maintenance of records will comply with 42 CFR § 460.200, as opposed to ADHC regulations. 8A-H

For personnel records (9-11), PACE programs will comply with CMS/DMA Reg. Requirements for Staffing, Training & Interdisciplinary Team (460.102) vs. DAAS ADHC requirements.

For program records:
For PACE, policies will be accepted as PACE policies, and not a separate creation of ADHC policies.
Refer to September 15, 2014 PACE Strategic Plan report and crosswalk
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53RECORDS10A NCAC 06R .050824-Jun-16As noted throughout, PACE is also regulated by CMS and DMA, and these regulations are more appropriate for PACE. This requirement is duplicative of the CMS reg. PACE RECOMMENDATION FOR CHANGE TO STANDARD: In lieu of this requirement, PACE will comply with 42 CFR § 460.210 as it pertains to individual participant records in lieu of ADHC regulations b.1-7.
For PACE, maintenance of records will comply with 42 CFR § 460.200, as opposed to ADHC regulations. 8A-H

For personnel records (9-11), PACE programs will comply with CMS/DMA Reg. Requirements for Staffing, Training & Interdisciplinary Team (460.102) vs. DAAS ADHC requirements.

For program records:
For PACE, policies will be accepted as PACE policies, and not a separate creation of ADHC policies. '
Refer to September 15, 2014 PACE Strategic Plan report and crosswalk
54PROGRAM EVALUATION10A NCAC 06R .050921-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.comADD somewhere in this section: For PACE programs, program evaluation will be regulated by PACE regulation on Quality Improvement and Performance Improvement, 460.136.Refer to September 15, 2014 PACE Strategic Plan report and crosswalk
55PROGRAM EVALUATION10A NCAC 06R .050924-Jun-16This rule is unneccessary for PACE, which is already regulated by federal CMS PACE regulation 460.136 on Quality Improvement and Performance Improvement. PACE RECOMMENDATION FOR CHANGE TO STANDARD: For PACE programs, in lieu of this requirement, program evaluation will be regulated by PACE regulation on Quality Improvement and Performance Improvement, 460.136.Duplication of the above
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56PROCEDURE10A NCAC 06R .060121-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(d) No more than 60 days prior to the end of the current period of certification, the county department of social services shall submit to the Division of Aging and Adult Services the following forms and materials which make up a certification package for the renewal of a certification.

The following should be changed to reflect current practices by DAAS at NCADSA's request for changing 60 days to 90 days. Potentially add language for Division of Aging and Adult Services to respond to the county department of social services and the provider within 30 days prior to the end of the current period of certification with questions on submitted materials or need for additional information.

4. Renewal Certification Package [10A NCAC 06R .0601]
Suggested change... If there are any findings which may affect the renewal of certification, the Division of Aging and Adult Services will provide to the county department of social services and the provider such information within 30 days prior to the end of current period of certification.

Define 'timely fashion'--This statement is actually related to submission of the packet by the county department of social services to DAAS and could
DAAS will review. DAAS has revised the certification reminder process per the NCADSA's request as discussed during the regularly scheduled meetings DAAS has with NCADSA and the NC PACE Association.
57PROCEDURE10A NCAC 06R .060121-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(13) verification of standard first aid and cardio-pulmonary resuscitation certification (CPR) for each proposed staff member who is physically able and who will have direct contact with participants.

Same comment on relevance of First Aid Training for professionals. Suggest that only non-certified or non-licensed medical personnel with direct contact with participants shall be required to complete first aid training.
Duplication.
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58THE CERTIFICATE10A NCAC 06R .080121-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.comThe certificate will be issued by the Division of Aging when, in the division's judgment, minimum requirements for certification have been met under the rules of this Subchapter.

'In the division's judgment' is very subjective and should be removed.
DAAS will review
59THE CERTIFICATE10A NCAC 06R .080122-Jun-16As indicated in comments to 10A NCAC 06R .0101, PACE is distinct from ADHC, offering a full complement of medical care for which it assumes all risk. A Medicare/Medicaid fully capitated program, it is heavily regulated and monitored by CMS and DMA. The process of securing state certification as an ADHC is duplicative, unneccessary and costly to both the program and the taxpayers. Recommend that the words 'in the division's judgment' be eliminated.Duplication
60THE CERTIFICATE10A NCAC 06R .080124-Jun-16As indicated in comments to 10A NCAC 06R .0101, PACE is distinct from ADHC, offering a full complement of medical care for which it assumes all risk. A Medicare/Medicaid fully capitated program, it is heavily regulated and monitored by CMS and DMA. The process of securing state certification as an ADHC is duplicative, unneccessary and costly to both the program and the taxpayers. Recommend that the words 'in the division's judgment' be eliminated.Duplication
61PROVISIONAL CERTIFICATE10A NCAC 06R .080222-Jun-16Should be unnecessary for PACE, per comments on 10A NCAC 06R .0101 and 10A NCAC 06R .0801. If continued, however, DAAS should advise programs of any needed corrections at least 30 days prior to expiration of current certificate and renewal process should start at least 90 days in advance of expiration to significantly reduce the need for provisional certificates.Duplication
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62PROVISIONAL CERTIFICATE10A NCAC 06R .080224-Jun-16Should be unneccessary for PACE, per comments on 10A NCAC 06R .0101 and 10A NCAC 06R .0801. If continued, however, DAAS should advise programs of any needed corrections at least 30 days prior to expiration of current certificate.Duplication
63PROCEDURE FOR APPEAL10A NCAC 06R .080622-Jun-16LPACE is already covered by a more extensive CMS/DMA appeals process (CFR 460.122), making this unnecessary for PACEThis comment is not pertinent to this rule citation
64PROCEDURE FOR APPEAL10A NCAC 06R .080624-Jun-16PACE is already covered by a more extensive CMS/DMA appeals process (CFR 460.122), making this unneccesary for PACEDuplication of the above
65POLICIES AND PROCEDURES10A NCAC 06R .090222-Jun-16LindaSHAWNC PACE AsssociationThis does not apply to PACE programs, which do not separate individuals by diagnoses and do not have special needs section of facilityThis rule is optional, this is not a requirement for certification.
66POLICIES AND PROCEDURES10A NCAC 06R .090224-Jun-16This does not apply to PACE programs, which do not separate individuals by diagnoses and do not have special needs section of facilityDuplication of the above
67ENROLLMENT – SPECIAL CARE SERVICES10A NCAC 06R .090422-Jun-16ShawNC PACE AssociationPACE does not distinguish participants or the care provided as 'special care', although many PACE participants have dementia or Alzheimers. All potential PACE participants receive the same thorough enrollment procedure and information covered by CMS regulations noted throughout these comments.Duplication of the above
68ENROLLMENT – SPECIAL CARE SERVICES10A NCAC 06R .090424-Jun-16PACE does not distinguish participants or the care provided as 'special care', although many PACE participants have dementia or Alzheimers. All potential PACE participants receive the same thorough enrollment procedure and information covered by CMS regulations noted throughout these comments.Duplication of the above
69INTRODUCTORY STATEMENT10A NCAC 06S .010122-Jun-16LindaShawNC PACE AssociationPACE supports the goals and intent of Adult Day Services certification. However, as indicated in our comments to 10A NCAC 06R .0101, these services are but one aspect of a comprehensive medical/social delivery system that is PACE, and separate certification for PACE is unnecessary and duplicative of other intensive state and federal regulation.Duplication of previous comments
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70INTRODUCTORY STATEMENT10A NCAC 06S .010124-Jun-16PACE supports the goals and intent of Adult Day Services licensure. However, as indicated in our comments to 10A NCAC 06R .0101, these services are but one aspect of a comprehensive medical/social delivery system that is PACE, and separate certification for PACE is unneccessary and duplicative of other intensive state and federal regulation.Duplication of previous comments
71DEFINITIONS10A NCAC 06S .010222-Jun-16NC PACE AssociationRepeat of comments on 10A NCAC 06R .0201: As indicated throughout these comments, PACE is a distinct program already heavily monitored by CMS and DMA, rendering state certification as an ADHC unneccessary and duplicative. If certification continues, however, a definition should be added for the 'PACE adult day center' and rules and requirements throughout should be amended or deleted to reflect the important distinction. Existing definitions would also need to change to be relevant to PACE. The capacity definition based on square footage does not apply because all PACE participants do not attend the adult day health center. The definition of Special Care services also does not apply to PACE programs.Duplication of previous comments
72DEFINITIONS10A NCAC 06S .010224-Jun-16Repeat of comments on 10A NCAC 06R .0201: As indicated throughout these comments, PACE is a distinct program already heavily monitored by CMS and DMA, rendering state certification as an ADHC unneccessary and duplicative. If certification continues, however, a definition should be added for the 'PACE adult day center' and rules and requirements throughout should be amended or deleted to reflect the important distinction. Existing definitions would also need to change to be relevant to PACE. The capacity definition based on square footage does not apply because all PACE participants do not attend the adult day health center. The definition of Special Care services also does not apply to PACE programs.Duplication of previous comments
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73DEFINITIONS10A NCAC 06S .010224-Jun-16Repeat of comments on 10A NCAC 06R .0201: As indicated throughout these comments, PACE is a distinct program already heavily monitored by CMS and DMA, rendering state certification as an ADHC unneccessary and duplicative. If certification continues, however, a definition should be added for the 'PACE adult day center' and rules and requirements throughout should be amended or deleted to reflect the important distinction. Existing definitions would also need to change to be relevant to PACE. The capacity definition based on square footage does not apply because all PACE participants do not attend the adult day health center. The definition of Special Care services also does not apply to PACE programs.Duplication of previous comments
74STAFFING PATTERN10A NCAC 06S .020322-Jun-16NC PACE AssociationRequest clarification regarding 'direct participant care' staff as PACE employs positions not typically found within an ADHC that do provide direct participant care but are not PCAs (e.g. PT, OT, Clinic staff, etc).Create a PACE Adult Day Center set of standards that distinguish the realities of PACE from ADHCsDuplication
75STAFFING PATTERN10A NCAC 06S .020322-Jun-16NC PACE AssociationRequest clarification regarding 'direct participant care' staff as PACE employs positions not typically found within an ADHC that do provide direct participant care but are not PCAs (e.g. PT, OT, Clinic staff, etc). Another example of the need to remove PACE from these regulations or create a PACE Adult Day Center set of standards that distinguish the realities of PACE from ADHCs.Duplication
76STAFFING PATTERN10A NCAC 06S .020324-Jun-16Request clarification regarding 'direct participant care' staff as PACE employs positions not typically found within an ADHC that do provide direct participant care but are not PCAs (e.g. PT, OT, Clinic staff, etc).Create a PACE Adult Day Center set of standards that distinguish the realities of PACE from ADHCsDuplication
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77STAFF REQUIREMENTS10A NCAC 06S .020421-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.comRigid titles are problematic. PACE programs have multiple nurses caring for the participant. Eliminate requiring the title of health care coordinator; however, maintain all nursing requirements except completing preadmission health assessment for initial acceptance into program, including problem-identification and care planning. Potential PACE participants receive medical assessments by licensed physician prior to enrollment. These medical assessments include a recommendation from the Physician regarding PACE appropriateness.

Program Director may have a different title in a PACE program (e.g. Executive Director, CEO) or in a center part of a larger organization.
Duplication
78STAFF REQUIREMENTS10A NCAC 06S .020422-Jun-16NC PACE AssociationBased on PACE protocol for providing these services, the Center Manager and the PACE clinic nurses should be sufficient to meet these requirements without requiring a designated 'Health Care Coordinator'. Create a PACE Adult Day Center set of standards that distinguish the realities of PACE from ADHCs or remove PACE programs from these regulations that duplicate existing federal and state regulations.Duplication
79STAFF REQUIREMENTS10A NCAC 06S .020424-Jun-16Based on PACE protocol for providing these services, the Center Manager and the PACE clinic nurses should be sufficient to meet these requirements without requiring a designated 'Health Care Coordinator'. Create a PACE Adult Day Center set of standards that distinguish the realities of PACE from ADHCs.Duplication
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80REQUIREMENTS10A NCAC 06S .030121-Jun-16TeresaJohnsonNC Adult Day Services Associationncadultdayservices@gmail.com(6) The treatment room shall have the following medical supplies and equipment:
(A) first aid supplies consisting of absorbent compress, adhesive bandages, adhesive tape, antiseptic, burn treatment, medical exam gloves, sterile pads and triangular bandage;
(B) fever thermometer;
(C) blood pressure cuff;
(D) stethoscope;
(E) medical scales, or scales that can be calibrated;
(F) emesis basin;
(G) bed pan;
(H) urinal; and
(I) wash basin.

The first aid supplies should not be listed because some are never used and others that are not listed are used frequently. Triangular bandages are not even sold in many places anymore. Refer to current first aid supplies recommended by the American Red Cross if a reference needs to be made.

The emesis basin, bed pan and wash basin are rarely if ever used. The urinal belongs in the bathroom area, not in the treatment room. This list is outdated, impractical and not in keeping with the daily operational needs of most Adult Day centers.
DAAS will review
81REQUIREMENTS10A NCAC 06S .030122-Jun-16NC PACE AssociationAs a full service clinic, PACE already has all of these items (Items 4, 5 and 6 A-I) on site with multiple treatment areas. It is burdensome to store and monitor these specific supplies in each 'treatment' room versus using our clinical central supply. For example, we have medical weight scales in the clinic on-site but we also have to have 'medical scales' in each treatment room. These requirements are clearly intended for centers that do not have a clinic on-site. PACE should be distinguished from other ADHCs either by creating a PACE Adult Day Center set of standards or by removing PACE from ADHC certification requirements.DAAS will review
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82REQUIREMENTS10A NCAC 06S .030124-Jun-16As a full service clinic, PACE already has all of these items (Items 4, 5 and 6 A-I) on site with multiple treatment areas. It is burdensome to store and monitor these specific supplies in each 'treatment' room versus using our clinical central supply. For example, we have medical weight scales in the clinic on-site but we also have to have 'medical scales' in each treatment room. These requirements are clearly intended for centers that do not have a clinic on-site. Create a PACE Adult Day Center set of standards that distinguish the realities of PACE from ADHCsDuplicaton
83ADDITIONAL ENROLLMENT AND PARTICIPATION REQUIREMENTS10A NCAC 06S .040222-Jun-16SHAWNC PACE AssociationSection (b) is not applicable to PACE. PACE is established to serve frail older adults who must be eligible for nursing home level of care but are able to live at home with the support of PACE. PACE is not allowed to turn away anyone simply because of a health condition, nor can it disenroll someone for a worsening health situation. Once enrolled, the PACE program is responsible for ALL aspects of that individual's care, no matter how complicated or costly, whether it is provided directly or through contractual arrangements with other providers. This is antithetical to (b) and further demonstrates that PACE is very different from ADHCs and should not be regulated as an ADHC.DAAS will review and defer to DMA
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84ADDITIONAL ENROLLMENT AND PARTICIPATION REQUIREMENTS10A NCAC 06S .040224-Jun-16Section (b) is not applicable to PACE. PACE is established to serve frail older adults who must be eligible for nursing home level of care but are able to live at home with the support of PACE. PACE is not allowed to turn away anyone simply because of a health condition, nor can it disenroll someone for a worsening health situation. Once enrolled, the PACE program is responsible for ALL aspects of that individual's care, no matter how complicated or costly, whether it is provided directly or through contractual arrangements with other providers. This is antithetical to (b) and further demonstrates that PACE is very different from ADHCs and should not be regulated as an ADHC.Duplication
85HEALTH AND PERSONAL CARE SERVICES10A NCAC 06S .040322-Jun-16NC PACE AssociationRecommend creation of a PACE Adult Day Center set of standards for this standard. It should mirror ADH language except the following: b. rather than the adult day care program staff alerting family to changes it should be designated PACE staff. d. Health education programs to be coordinated by activities director. 2. Need for specialized services to be determined by the PACE interdisciplinary team.comment re: Health Education programs coordinated by Activities Director, DAAS will review.
86HEALTH AND PERSONAL CARE SERVICES10A NCAC 06S .040324-Jun-16Recommend creation of a PACE Adult Day Center set of standards for this standard. It should mirror ADH language except the following:
b. rather than the adult day care program staff alerting family to changes it should be designated PACE staff.
d. Health education programs to be coordinated by activites director.
2. Need for specialized services to be determined by the PACE interdisciplinary team.
'
Duplication
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87TRANSPORTATION10A NCAC 06S .040422-Jun-16ShawNC PACE AssociationFor this, as well as 10A NCAC 06R .0503, PACE should be distinguished from ADHCs and allowed to follow currently existing CMS/DMA Transportation Services regulations. Create a PACE Adult Day Center set of standards if necessary to allow this. More streamlined, cost-effective and efficient to eliminate PACE from ADHC regulations altogether.Duplication
88TRANSPORTATION10A NCAC 06S .040424-Jun-16Create a PACE Adult Day Center set of standards.Follow currently existing CMS/DMA Transportation Services regulations in the new ADH PACE requirementsDuplication
89EMERGENCIES AND FIRST AID10A NCAC 06S .040522-Jun-16For this, as well as 10A NCAC 06R .0504, PACE should be distinguished from ADHCs and allowed to follow currently existing CMS/DMA regulations. Create a PACE Adult Day Center set of standards if necessary to allow this. It should reflect the comments submitted for 10A NCAC 06R .0504 as well as the following:

Fire safety standards should mirror existing CMS/DMA PACE regulation to avoid redundancy or inconsistencies.
Due to the unique structure of a PACE program with a staffed medical clinic during all hours of operations the PACE Adult Day Center standards for CPR and first aid should be waived.
PACE Adult Day Center Incident Reporting to follow CMS/DMA PACE Occurrence Reporting requirements
Follow CMS/DMA PACE Emergency Care, Natural Disaster Responses & Adult Day Health Emergency Evacuation.
Duplication. Refer to September 15, 2014 PACE Strategic Plan Report & Crosswalk
90EMERGENCIES AND FIRST AID10A NCAC 06S .040524-Jun-16Create a PACE Adult Day Center set of standards.
Fire safety standards should mirror existing CMS/DMA PACE regulation to avoid redundancy or inconsistencies.
Due to the unique structure of a PACE program with a staffed medical clinic during all hours of operations the PACE Adult Day Center standards for CPR and first aid should be waved.
PACE Adult Day Center Incident Reporting to follow CMS/DMA PACE Occurrence Reporting requirements
Follow CMS/DMA PACE Emergency Care, Natural Disaster Responses & Adult Day Health Emergency Evac.'
Dupluication
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91PROCEDURE10A NCAC 06S .050122-Jun-16NC PACE AssociationAs noted in comments to 10A NCAC 06R .0101, certification as an ADC/ADHC is unnecessary and duplicative for PACE which is already heavily regulated by CMS and DMA, with regulations that reflect the unique nature of PACE. Page ii of the DHHS Adult Day Care and Adult Day Health Standards for Certification states that 'The standards which follow for adult day care and adult day health are not intended as standards for day hospitals, partial hospital programs or other medically oriented day services.' PACE is a Medicare (and Medicaid) program delivering comprehensive medical care. PACE is the full-risk insurer and provider of all medical care to its patients. Most of the services are delivered at the PACE facility, which includes a 'day center' as just one component of the all-inclusive health care provided by PACE. PACE clearly fits into the referenced medical exclusion. Additionally, all aspects of PACE are regulated and monitored by both the federal government (CMS) and by the NC Division of Medical Assistance, so additional regulation as an ADHC is duplicative and unnecessary.

If certification as an ADC is to continue, a 'PACE Adult Day Center' set of standards should be created. In reference to 10A NCAC 06S .0501, the procedure should mirror the ADH initial certification and recertification except:
DAAS defers to DMA
92PROCEDURE10A NCAC 06S .050124-Jun-16PACE Adult Day Center standards to mirror ADH initial certificaion and recertification except:
Verification of first aid and CPR requirement due to the staffed medical clinic during all hours of operations the PACE Adult Day Center standards for CPR and first aid should be waved.
Elimination of form 732A-ADS due to the CMS fiscal soundness reporting requirements and the capitated payment model for PACE programs.'
Duplication. Refer to September 15, 2014 PACE Strategic Plan Report & Crosswalk
93PROCEDURE FOR APPEAL10A NCAC 06S .050822-Jun-16ShawNC PACE AssociationThis rule is duplicative for PACE, which already has extensive appeals process through CMS and DMA. PACE RECOMMENDATION FOR CHANGE TO STANDARD: For PACE programs, in lieu of this requirement, PACE will follow the CMS and DMA process for appeal in 42 CFR § 460.122.Duplication
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94PROCEDURE FOR APPEAL10A NCAC 06S .050824-Jun-16This rule is duplicative for PACE, which already has extensive appeals process through CMS and DMA. PACE RECOMMENDATION FOR CHANGE TO STANDARD: For PACE programs, in lieu of this requirement, PACE will follow the CMS and DMA process for appeal in 42 CFR § 460.122.Duplication
95NATURE AND PURPOSE OF STATE ADULT DAY CARE FUND10A NCAC 06T .020118-Jun-16The reimbursement rates of $33.07 for adult day care, $40 for adult day health, and $1.50 per trip are absolutely NOT sustainable! These rates are appallingly low. They do not cover half of the costs of providing these services. For the sake of adult day centers and the people who need and rely on adult day services please revise/increase these rates!Duplication
96NATURE AND PURPOSE OF STATE ADULT DAY CARE FUND10A NCAC 06T .020120-Jun-16PamHayworthReimbursement rates are not sustainable & should be increased. In most cases they are less than have of the daily expenses.Duplication
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