10A NCAC 23C .0205       state corrective action team

(a)  A State Corrective Action Team shall be convened by the Chairperson within 10 days when:

(1)           The county department of social services (DSS) has failed to meet the compliance thresholds by the date established by the local corrective action team.

(2)           A local corrective action team requests an extension of time, not to exceed three months, to meet the compliance thresholds.

(3)           DDS fails to meet its compliance thresholds for three consecutive months or five out of 12 consecutive months.

(b)  The State Corrective Action Team may design any remedy reasonable and necessary to bring the DSS or DDS into compliance with application processing requirements in 10A NCAC 21B .0204 and this Subchapter.  This includes employing additional staff, altering office procedures (such procedures must be consistent with federal and state regulations, laws and Departmental rules), purchasing office equipment, retaining private consultants, reopening of cases, ordering retroactive relief to applicants harmed by violation of application processing requirements, and ordering the State to assist in the operation of a county department.

(c)  The State Corrective Action Team shall establish a corrective action plan for the DSS or DDS within 45 calendar days of convening.  A date for compliance shall be established.  The county or DDS must meet the thresholds in 10A NCAC 23C .0203(a) within three months after the date the team was convened.

(d)  Failure to achieve compliance shall result in a request from the Division of Medical Assistance to the Local Government Commission to assess and determine the capacity of the county to expend resources to bring the county into compliance.


History Note:        Authority G.S. 108A-54; Alexander v. Bruton, U.S.D.C., File No. C-C-74-183-M, Consent Order dismissed effective February 1, 2002;

Temporary Adoption Eff. March 1, 2003;

Eff. August 1, 2004;

Transferred from 10A NCAC 21A .0608 Eff. May 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.