Rules Actions

This is a list of Medical Assistance rule change activity and additional information about rules from the North Carolina Office of Administrative Hearings.

    Rules Proposed for Readoption, Amendment or Repeal

    Pursuant to GS 150B-21.3A, Periodic review and expiration of existing rules, each agency shall conduct a review of its existing rules at least once every 10 years. As a result of this periodic review process, the North Carolina Department of Health and Human Services, Division of Medical Assistance is readopting, repealing or amending 90 rules in 10A NCAC Chapters 21 and 22, Subchapters 21A, 21B, 21D, 22B, 22C, 22D, 22F, 22G, 22H, 22I, 22J, 22K, 22L, 22N, and 22O to ensure these rules reflect current law and processes. The proposed effective date is May 1, 2018.

    More information on the Periodic Review and Expiration of Existing Rules Project is available here.

    Notification of Proposed Readoption, Amendment or Repeal of 10A NCAC Chapter 21 and 22 Rules

    Public Comments

    Public comments may be submitted Jan. 2, 2018 – March 5, 2018.

    You may submit comments by email to MedicaidRulesComments@dhhs.nc.gov or by mail to the following:

    Virginia Niehaus, DMA Rulemaking Coordinator
    NC DHHS Division of Medical Assistance
    2501 Mail Service Center, Raleigh, NC 27699-2501

    Public Hearing

    There will be a public hearing on Jan. 24, 2018,  from 1-3 p.m. at the Dorothea Dix Campus, Brown Building, Room 104, 801 Biggs Drive, Raleigh, NC 27603 (map). There is a large parking lot across the street from the Brown Building. Sign language interpreters will be available at the public hearing. For questions regarding accessibility, please email MedicaidRulesComments@dhhs.nc.gov or call 919-855-4100.

    Fiscal Notes and Federal Law Certifications

    The following fiscal note was approved by OSBM on Oct. 30, 2017. Proposed changes to 10A NCAC 22H .0205 and .0305 have an impact on local government. The federal law certification required by G.S. 150B-19.1(g) is located at the end of the fiscal note.

    The following fiscal notes were approved by OSBM on Oct. 30, 2017, although no fiscal notes were required by G.S. 150B-21.4 or G.S. 150B-21.3A(d)(2). The federal law certifications required by G.S. 150B-19.1(g) are located, as applicable, at the end of each fiscal note. 

    No fiscal note was required by G.S. 150B-21.3A(d)(2), but a federal law certification was required by G.S. 150B-19.1(g) for the following proposed rules:

    No fiscal note was required by G.S. 150B-21.4 or G.S. 150B-21.3A(d)(2) and no federal law certification was required by G.S. 150B-19.1(g) for the following proposed rules:

    • Subchapter 21D: 10A NCAC 21D .0101, .0102, .0103, .0201, .0301, .0302, .0401, .0402, .0501. 0502, .0503
    • Subchapter 22C: 10A NCAC 22C .0101, .0102, .0103
    • Subchapter 22D 10A NCAC 22D .0101
    • Subchapter 22I: 10A NCAC 22I .0102, .0104
    • Subchapter 22O: 10A NCAC 22O .0112

    Rules Proposed for Readoption with substantive changes (published on 1/2/18 in the NC Register) 

    Rules Proposed for Readoption without substantive changes (not published in the NC Register) 

    Rules Proposed for Amendment (published on 1/2/18 in the NC Register) 

    Rules Proposed for Repeal (published on 1/2/18 in the NC Register) 

    Procedure for subjecting a proposed rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

    Office of Administrative Hearings Mission Statement

    • To serve the citizens of North Carolina, with quality and efficiency, by providing an independent forum for prompt and impartial resolution of administrative law contested cases involving citizens and state agencies; investigating alleged acts of unlawful employment practices in state government; functioning as the State’s codifier and publisher of all administrative rules; and reviewing rules before the Rules Review Commission.
    • The North Carolina Register is published twice a month and contains information relating to agency rulemaking, executive orders, contested case decisions and other notices required by or affecting Chapter 150B of the General Statutes. All proposed administrative rules and notices of public hearings filed under G.S. 150B-21.2 must be published in the Register.