10a NCAC 27G .0602      DEFINITIONS

In addition to the terms defined in G.S. 122C-3 and Rules .0103 and .0104 of this Subchapter, the following terms shall apply to the rules in this Section:

(1)           "Complaint investigation" means the process of determining if an allegation made against a provider concerning the provision of public services is substantiated.

(2)           "ICF/MR" means a facility certified for Medicaid as an Intermediate Care Facility for the Mentally Retarded.

(3)           "Level I incident" means the same as defined in 10A NCAC 27G .0103(b)(32) and does not meet the definition of a level II incident or level III incident.

(4)           "Level II incident" means the same as defined in 10A NCAC 27G .0103(b)(32), including a client death due to natural causes or terminal illness, or results in a threat to a client's health or safety, or a threat to the health or safety of others due to client behavior and does not meet the definition of a level III incident.

(5)           "Level III incident" means the same as defined in 10A NCAC 27G .0103(b)(32) and results in:

(a)           a death, sexual assault, or permanent physical or psychological impairment to a client;

(b)           a substantial risk of death, or permanent physical or psychological impairment to a client;

(c)           a death, sexual assault, permanent physical or psychological impairment caused by a client;

(d)           a substantial risk of death or permanent physical or psychological impairment caused by a client; or

(e)           a threat caused by a client to a person's safety.

(6)           "Local Monitoring" means LME monitoring of the provision of public services in its catchment area that are provided by Category A and B providers.

(7)           "Monitor" or "Monitoring" means the interaction between the LME and a provider of public services regarding the functions set forth in Rule .0601(c) of this Section.

(8)           "Provider category" means the type of facility in which a client receives services or resides. The provider category determines the extent of monitoring that a provider receives and is determined as follows:

(a)           Category A - facilities licensed pursuant to G.S. 122C, Article 2, except for hospitals. These include 24-hour residential facilities, day treatment, PRTFs and outpatient services;

(b)           Category B – G.S. 122C, Article 2, community based providers not requiring State licensure;

(c)           Category C - hospitals, state-operated facilities, nursing homes, adult care homes, family care homes, foster care homes or child care facilities; and

(d)           Category D - individuals providing only outpatient or day services and who are licensed or certified to practice in the State of North Carolina.

History Note:        Authority G.S. 122C-112.1; 143B-139.1;

Temporary Adoption Eff. July 1, 2003;

Eff. July 1, 2004;

Amended Eff. August 1, 2009;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.