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To display the the official rule documentation, click on the Rule Name Link goes outside of NC DHHS in the table below.

The public may provide comments for each rule, which will be sent electronically to the administrators at the agency responsible for collecting the comments for each subchapter.

To submit a comment regarding a rule, do the following:

  1. Find the rule in the table below.
  2. Click on the button in the row for that rule.
  3. A form will be displayed, where you can enter and submit your comment.
  4. To comment on rules in another subchapter, click on "Return to the main Rules Review page" link.

"Public comment" is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a).


GS 150B-21.3A Report for 10A NCAC 45, General Procedures for Public Health Programs | Agency - Commission for Public Health

Periodic Review of Rules

Pursuant to G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, the Commission for Public Health has posted an Initial Determinations Report for the rules in 10A NCAC 45 of the North Carolina Administrative Code for public comment.

G.S. 150B-21.3A(a)(5) defines “public comment” as a written objection to all or part of a rule or the agency’s determination of the rule as necessary or unnecessary. If a public comment relates to a rule that the agency determined to be unnecessary, the Rules Review Commission shall determine whether it has merit and, if so, designate it as necessary. Pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Rules Review Commission review, as set forth in G.S. 150B-21.9(a). An unnecessary rule is defined as a rule that the agency determines to be obsolete, redundant, or otherwise not needed.  A necessary rule is defined as any rule other than an unnecessary rule

Public Comment Period:  August 16 through October 22, 2024.

Direct Comments to the following:
Virginia Niehaus, CPH Rulemaking Coordinator
1931 Mail Service Center
Raleigh, NC 27699-1931
E-Mail:  [email protected]

Rule Section Rule Citation Rule Name Date and Last Agency Action on the Rule Agency Determination
[150B-21.3A(c)(1)a]
Implements or Conforms to Federal Regulation [150B-21.3A(d1)] Federal Citation Comment
SECTION .0400 - REIMBURSEMENT 10A NCAC 45A .0402 REIMBURSEMENT FOR INPATIENT HOSPITALIZATION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0400 - REIMBURSEMENT 10A NCAC 45A .0403 REIMBURSEMENT FOR PROFESSIONAL, OUTPATIENT, OTHER SERVICES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0400 - REIMBURSEMENT 10A NCAC 45A .0404 REIMBURSEMENT rates FOR SERVICES NOT COVERED BY MEDICAID Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0400 - REIMBURSEMENT 10A NCAC 45A .0405 BILLING THE PATIENT PROHIBITED Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0500 - QUALITY CONTROL 10A NCAC 45A .0501 GENERAL Link goes outside of NC DHHS Pursuant to G.S. 150B- 21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0500 - QUALITY CONTROL 10A NCAC 45A .0502 TERMINATION OF ELIGIBILITY Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0500 - QUALITY CONTROL 10A NCAC 45A .0503 EFFECT ON AUTHORIZATIONS AND AUTHORIZATION REQUESTS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SUBCHAPTER 45B -PROCEDURAL RULES 10A NCAC 45B .0101 PETITIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SUBCHAPTER 45B -PROCEDURAL RULES 10A NCAC 45B .0104 DECLARATORY RULINGS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0100 - GENERAL PROVISIONS 10A NCAC 45A .0101 GENERAL Link goes outside of NC DHHS Amended Eff. June 1, 2016 Necessary No
SECTION .0100 - GENERAL PROVISIONS 10A NCAC 45A .0102 DEFINITIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0200 - ELIGIBILITY DETERMINATIONS 10A NCAC 45A .0201 RESIDENCY REQUIREMENT Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0200 - ELIGIBILITY DETERMINATIONS 10A NCAC 45A .0202 DETERMINATION OF FINANCIAL ELIGIBILITY Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0200 - ELIGIBILITY DETERMINATIONS 10A NCAC 45A .0203 ANNUAL NET FAMILY INCOME Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0200 - ELIGIBILITY DETERMINATIONS 10A NCAC 45A .0204 DETERMINATION OF FAMILY SIZE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0300 - ELIGIBILITY PROCEDURES 10A NCAC 45A .0301 INCOME DOCUMENTATION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0300 - ELIGIBILITY PROCEDURES 10A NCAC 45A .0302 AUTHORIZATIONS AND CLAIMS PROCESSING TIME FRAMES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0300 - ELIGIBILITY PROCEDURES 10A NCAC 45A .0303 PAYMENT LIMITATIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary Yes 34 C.F.R. 303.520
SECTION .0300 - ELIGIBILITY PROCEDURES 10A NCAC 45A .0304 APPEALS PROCEDURE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0300 - ELIGIBILITY PROCEDURES 10A NCAC 45A .0305 DISQUALIFICATION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
SECTION .0400 - REIMBURSEMENT 10A NCAC 45A .0401 GENERAL Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015 Necessary No
Comments submitted to this website may be considered public record and may be disclosed to parties requesting such records, including the identifiable information that you provide in your comment. You may submit your comment without providing any identifiable information. Voluntarily providing identifiable information does not mean that you will be contacted about your comment.

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