Current through Register Vol. 39, No. 6, September 16, 2024
(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.
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.
