Family and Children's Medicaid MA-3225 APPLICATION PROCESSING - CORRECTIVE ACTION PROCEDURES

VII. STATE CORRECTIVE ACTION TEAM

A. The State Corrective Action Team will be convened by the Chairperson within ten days when:

1. A county department has failed to meet the compliance thresholds by the date established by the local corrective action team.

2. A local corrective action team requests an extension of time, not to exceed three months, to meet the compliance thresholds.

3. DDS fails to meet its compliance thresholds for 3 consecutive or 5 out of 12 months.

B. Members of the State Corrective Action Team

A permanent State Corrective Action Team as convened by the Secretary of the Department of Health and Human Services will include the following members:

1. A representative of DHHS appointed by the Secretary.

2. A representative of the NC Association of County Commissioners.

(VII. B.)

3. Two representatives of county DSS's appointed by the Presidents of the North Carolina Social Services Association, the North Carolina Association of County Directors of Social Services, and the North Carolina Association of County Boards of Social Services. In the event of conflict, an alternate representative may be appointed.

4. The Chairman of the Board of Legal Services of North Carolina or his designee.

5. A recipient of Medicaid, appointed by the Secretary.

6. A representative of the Institute of Government.

The Secretary of DHHS shall designate the Chairperson. Upon resignation of any member, the appointing authority shall select a replacement.

C. Preparation and Notification

1. If the State Corrective Action Team must be called, copies of the Local Corrective Action Team plan, county documentation in its central file, and any other supporting documentation will be submitted to the Assistant Director for Recipient and Provider Services.

2. The Assistant Director will notify the chairperson of the State Corrective Action Team and provide copies of documentation.

3. The chairperson or designee will schedule the time and place for the meeting and will notify the members of the State Corrective Action Team by letter.

D. Powers of the State Corrective Action Team

The State Corrective Action Team has broad powers and may design any remedy reasonable and necessary to bring the DSS or DDS into compliance with application processing requirements. This includes but is not limited to:

1. Employing additional staff.

2. Altering office procedures (such procedures must be consistent with federal and state regulations, laws and Department rules and policies).

3. Purchasing office equipment.

4. Retaining private consultants.

5. Reopening of cases and/or ordering retroactive relief to applicants harmed by violation of application processing requirements.

6. Ordering the State to assist in the operation of a county department.

(VII. E.)

E. State Corrective Action Team Plan

1. The State Corrective Action Team shall establish a corrective action plan for any county department or DDS within forty-five calendar days of convening. A date for compliance shall be established. For report card issues, compliance must be achieved within three months after the date the State Corrective Action Team was required.

2. The Chairperson shall forward notice of the corrective action plan established by the State Corrective Action Team to the respective members of the county Corrective Action Team. Copies of a plan involving DDS non-compliance will be sent to the Division of Vocational Rehabilitation. Copies of any plan shall be distributed to the Division of Medical Assistance.

F. Failure to Achieve Compliance

1. In the event that a county and the State Corrective Action Team are unable to resolve the problem of DSS or DDS non-compliance, the Local Government Commission established pursuant to N.C.G.S.159-3 may be requested to review the county budget and its fiscal condition in relation to the proposed corrective action.

2. The Local Government Commission may assess and determine the capacity of the county to expend resources to bring the county into compliance and may take enforcement action pursuant to Chapter 159 of the General Statutes as appropriate. The various state agencies shall be available to assist in this review.