10a NCAC 27a .0207       FUNDS FOR FORENSIC SCREENING: CAPACITY TO PROCEED TO TRIAL

(a)  To the extent state funds are available, the division shall provide reimbursement for court‑ordered screening and evaluation of persons to determine their capacity to proceed to trial.

(b)  The screening or evaluation shall be performed by a qualified mental health professional or a qualified substance abuse professional who is registered with the Division as a forensic evaluator or a person deemed a medical expert by the court.

(c)  Only area programs are eligible for reimbursement.

(d)  To obtain reimbursement the area program shall submit to the Division Fiscal Office the following:

(1)           two copies of an itemized invoice which reflects the following:

(A)          name of respondent screened or evaluated;

(B)          name of certified forensic evaluator for each respondent;

(C)          amount of time in hours or portion thereof required for each screening examination or evaluation;

(D)          rate per hour for each examination or evaluation; and

(E)           dollar amount for each examination or evaluation.

(2)           one copy of the individual court order.  The court order shall be attached to the invoice.

(e)  The rate per hour for each forensic evaluator required on the invoice under (d)(1)(D) of this Rule shall be the usual and customary charges of the area program before adjustment to the sliding fee scale. The amount invoiced to the division shall not exceed the rate approved by the Division.

(f)  The procedures of this Rule apply only to reimbursement for screening examinations or evaluations to determine the capacity of an individual to proceed to trial and do not apply to reimbursement for any treatment determined to be necessary as a result of the evaluation.

History Note:        Authority G.S. 122C‑147.1; 143B‑10;

Eff. July 1, 1981;

Amended Eff. February 1, 1996; October 1, 1990; April 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 25, 2016.