10A N.C. Admin. Code 71P.0601

Current through Register Vol. 39, No. 9, November 1, 2024

Section 71P .0601 - ACCEPTANCE OF APPLICATION

A County Department shall accept an application for the State/County Special Assistance Program as set forth in this Rule.

(1) An applicant shall be allowed to apply on the same day the applicant appears at any County Department.

(2) The applicant shall be informed, orally and in writing, that:

(a) he or she may apply on the same day he or she appears at any County Department;

(b) a decision shall be made concerning his or her application within the time standards set forth in Rule .0604 of this Subchapter; and

(c) the applicant shall receive a written decision from the County Department concerning the application.

(3) The County Department in the applicant's county of residence shall be responsible for processing the application. For the purpose of submitting an application, the applicant or his or her Authorized Representative may appear at the County Department where he or she currently resides in an Adult Care Facility or at another County Department that is conveniently located for the Authorized Representative. The applicant shall not be required to travel to the county he or she resided in prior to entering an Adult Care Facility.

(4) The date of the application shall be the date the signed application is received by the County Department; however, if the applicant is a patient of a State mental health facility listed in G.S. 122C-181, the date of application shall be the date the referral from the mental health facility is received by the County Department.

(5) If an applicant requests to apply for the State/County Special Assistance Program by mail or electronic submission to the County Department, the letter or electronic submission shall be considered a request to apply. A follow-up contact or electronic response shall be sent within three business days after the request is received by the County Department. The follow-up letter or electronic response shall request that the applicant come to the County Department for an interview or contact the County Department so that other arrangements can be made. The County Department's response to the applicant requesting the State/County Special Assistance Program shall specify that if the County Department does not hear from the applicant within 15 calendar days of the date of the follow-up letter or electronic response, the County Department shall deem the request for the State/County Special Assistance Program application to have been withdrawn.

(6) If an applicant requests to apply for the State County Special Assistance Program by telephone or electronic submission, the applicant or his or her Authorized Representative shall be advised that he or she shall apply in person at the County Department at any time during regular business hours. If the applicant requests a specific time, an application interview appointment shall be scheduled.

(7) The application form shall:

(a) consist of questions specifically related to eligibility pursuant to 20 C.F.R. 416.2001(a); 416.2001(b), 416.202, Rules .0804, .0805, and Section .0900 of this Subchapter; and

(b) contain the applicant's rights and responsibilities set forth in Rule .0602(4) and .0602(5).

(c) require a signature of the applicant or his or her Authorized Representative that he or she has provided truthful information and that he or she understands his or her rights and responsibilities.

(8) A blank application form shall be available for public review at each County Department.

(9) An application for the State/County Special Assistance In-Home Program shall require a comprehensive functional assessment to determine whether the monthly payment amount will be sufficient to both meet the needs of the recipient in the home and help prevent placement in an Adult Care Facility. The comprehensive functional assessment shall be conducted by the Case Manager and shall include the areas related to health and safety as set forth in 10A NCAC 71A .0208.

10A N.C. Admin. Code 71P .0601

Authority G.S. 108A-40; 108A-43; 108A-47.1; 143B-153;
Eff. January 1, 1983;
Amended Eff. June 1, 2016;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 20, 2017.

Authority G.S. 108A-43; 143B-153;
Eff. January 1, 1983.

Amended by North Carolina Register Volume 31, Issue 01, July 1, 2016 effective 6/1/2016.