10A NCAC 23c .0102       face-to-face INTERVIEW

(a)  The county department of social services shall conduct a face-to-face interview with the client or his representative who appears at the agency requesting financial or medical assistance.  The client may have any person or persons of his choice participate in the interview.  During the interview, the Income Maintenance Caseworker shall explain the application process, the client's rights and responsibilities, the programs of public assistance and the eligibility conditions.

(b)  The applicant shall be advised of his right to apply in more than one program category for which he qualifies and the advantages and disadvantages of the choices shall be explained.

(c)  The client shall be informed of the following:

(1)           The client shall be told what information that he is required to provide, and what third party sources the agency shall contact to check the information.  Third party sources are entities, other than the client, that can provide verification of information to determine eligibility.

(2)           The client has the right to:

(A)          Receive assistance if found eligible;

(B)          Be protected against discrimination on the grounds of race, creed, or national origin by Title VI of the Civil Rights Act of 1964.  He may appeal such discrimination;

(C)          Have any information given to the agency kept in confidence;

(D)          Appeal, if he believes the agency's action to deny, change, or terminate assistance is incorrect, or his request is not acted on with reasonable promptness;

(E)           Reapply at any time, if found ineligible;

(F)           Withdraw from the program at any time;

(G)          Request the agency's help in obtaining third party information that he is responsible to provide;

(H)          Be informed of all information he must provide and all alternative sources for obtaining the information.

(3)           The client shall:

(A)          Provide the county department, state and federal officials, the necessary sources from which to locate and obtain information needed to determine eligibility;

(B)          Report to the county department of social services any change in situation that may affect eligibility within 10 calendar days after it happens.  The Income Maintenance Caseworker shall explain the meaning of fraud and shall inform the applicant that he may be suspected of fraud if he fails to report a change in situation and that in such situations, he may have to repay assistance received in error and that he may also be tried by the courts for fraud;

(C)          Inform the county department of social services of any persons or organization against whom he has a right to recover medical expenses.  When he accepts medical assistance, the applicant shall assign his rights to third party insurance benefits to the state.  The Income Maintenance Caseworker shall inform the applicant that it is a misdemeanor to fail to disclose the identity of any person or organization against whom he has a right to recover medical expenses;

(D)          Immediately report to the county department the receipt of an I.D. card that he knows to be erroneous.  If he does not report such and uses the I.D. card, he shall repay any medical expenses paid in error.

 

History Note:        Authority G.S. 108A-25(b); 108A-57; 42 C.F.R. 435.908; Alexander v. Flaherty, U.S.D.C., W.D.N.C., File No. C-C-74-183, Consent Order Filed 15 December 1989; Alexander v. Flaherty Consent Order filed February 14, 1992; Alexander v. Bruton Consent Order dismissed Effective February 1, 2002;

Eff. September 1, 1984;

Amended Eff. April 1, 1993; August 1, 1990; March 1, 1986;

Temporary Amendment Eff. August 22, 1996;

Amended Eff. August 1, 1998;

Temporary Amendment Eff. March 1, 2003;

Amended Eff. August 1, 2004;

Transferred from 10A NCAC 21B .0202 Eff. May 1, 2012;

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