As used in the rules in this Section, the following terms have the meanings specified:

1. (1) "Authorization to receive public funding for providing services" means approval from the Department to receive funding through one or more of the following mechanisms;

   1. (a) enrollment of a provider with Medicaid, as defined in 42 C.F.R. 440.90, 42 C.F.R. 440.130(D), and 42 C.F.R. 440.180 and SL 2002-164; or
   2. (b) compliance with contract or funding requirements for state or federal funds, as defined in 10A NCAC 27A, Sections .0100 through .0200.
2. (2) "Funding authority" means the state agency that is responsible for administering state or federal funds, or the area authority or county program that is responsible for administering local funds.
3. (3) "Provider" means any person or entity authorized to provide publicly funded services.
4. (4) "Services" means publicly funded mental health, developmental disabilities and substance abuse services.
5. (5) "Statutes or rules" mean the North Carolina General Statutes, North Carolina Administrative Code.

6. (6) "Substantial failure to comply" means evidence of one or more of the following:

   1. (a) the provider has not addressed issues that endanger the health, safety or welfare of clients receiving services;
   2. (b) the provider has been convicted of a crime specified in G.S. 122C-80;
   3. (c) the provider has not made available and assessable all sources of information necessary to complete the monitoring processes set out in G.S. 122C-112.1;
   4. (d) the provider has created or altered documents to avoid sanctions;
   5. (e) the provider has not submitted, revised or implemented a plan of correction in the specified timeframes; or
   6. (f) the provider has not removed the cause of a summary suspension in the specified timeframes.

History Note: Authority G.S. 122C-112.1; 143B-139.1; 150B-21.1;
Temporary Adoption Eff. July 1, 2003;
Eff. July 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018.