Current through Register Vol. 39, No. 6, September 16, 2024
(a) The Division shall administer a grant
program for the federal Substance Abuse Prevention and Treatment Block Grant
which is made available to the Division under the authority of
Public Law
102-321 Subpart II.
(b) The appropriate portion of funds in the
block grant which are made available to the Division for substance abuse
treatment and prevention services shall be used to make grants to eligible
programs for the provision of comprehensive services.
(c) To be eligible to receive block grant
funds, an area program shall provide the following services:
(1) outpatient services, including outpatient
services for children and adults who have substance abuse disorders or who are
at risk for substance abuse and residents of its service area;
(2) 24 hour-a-day emergency care
services;
(3) day treatment or
other partial hospitalization services;
(4) screening for patients being considered
for admission to state facilities to determine the appropriateness of such
admission;
(5) consultation,
education. and primary prevention services;
(6) TB screening and referral in accordance
with federal requirements; and
(7)
substance abuse services for pregnant and parenting women and
adolescents.
(d) On a
statewide basis, block grant funds for alcohol and drug services shall be
expended in accordance with the following:
(1) At least 35 percent of the funds for
alcohol and drug services shall be expended for programs and activities related
to alcoholism and alcohol abuse;
(2) At least 35 percent of the funds for
alcohol and drug services shall be expended for programs and activities
relating to drug abuse;
(3) At
least 20 percent of the amount used for alcohol and drug abuse services shall
be expended for primary prevention and early intervention programs designed to
discourage the abuse of alcohol, tobacco and other drugs. In order to ensure
compliance with this requirement, each area program must expend no less than 20
percent of its allocation of SAPT-BG funds on primary prevention activities as
outlined in the Memorandum of Agreement and Summary of Significant Federal
Requirements;
(4) The state must
spend at least five percent of the annual SAPT-BG amount to provide outreach
intervention services for IV Drug Users using one of the following three models
developed by the National Institute Drug Abuse Narcotic Addiction Treatment,
incorporated by reference to include any subsequent amendments and deletions,
and available from the Food and Drug Administration, 5600 Fishers Lane,
Rockville, Maryland 20857 at no cost:
(A)
Standard Intervention Model for Injecting Drug Users (NIDA);
(B) Health Education Model;
(C) Indigenous Leader Outreach Model;
(Section 1924 - Requirements Regarding Tuberculosis and
Human Immunodeficiency Virus)
(5) Treatment services designed for pregnant
women and women with dependent children shall be increased at a rate not less
than five percent for FY 1993. The base for FY 1993 shall be the FY 1992
alcohol and drug services block grant expenditures and State expenditures for
pregnant women and women with dependent children and to this base shall be
added the five percent of the FY 1993 grant amount for alcohol and drug
treatment services. For FY 1994, the State shall spend five percent more than
the FY 1993 total expenditure for pregnant women and women with dependent
children. For grants beyond FY 1994, the State shall expend no less than the
amount equal to the amount expended by the State for FY 1994. States shall
report their methods to calculate their base for FY 1992 expenditures on
treatment for pregnant women and women with children;
(Section 1922 Set Aside for Women With Dependent
Children)
The Division shall review expenditures and if the
percentage requirements for services and prevention specified in Subparagraphs
(d)(1), (2), (3) and (4) of this Rule are not met, the Division shall require
changes in area program expenditure patterns to meet these federally mandated
requirements.
(e) Non-Eligible Expenditures Funds shall not
be expended for any of the following purposes:
(1) to provide inpatient hospital services,
unless a physician has certified that the clients primary diagnosis is
substance abuse, the individual cannot be safely treated in a non-hospital
setting, the daily rate charged does not exceed the rate charged by a
comparable non-hospital service, and the service is medically
necessary;
(2) to make cash
payments to clients;
(3) to
purchase or improve land; purchase, construct or permanently improve any
building or other facility; or purchase major medical equipment;
(4) to satisfy any requirement for the
expenditure of non-federal funds as a condition for the receipt of federal
funds;
(5) to provide assistance to
any entity other than a public or non-profit private entity;
(6) to provide individuals with hypodermic
needles or syringes so that such individuals may use illegal drugs;
or
(7) to support any individual
salary in excess of one hundred twenty five thousand dollars
($125,000).
(f) The
Division Director shall allocate annually funds to the area programs. The funds
shall be included in the Annual Service Plan and Memorandum of
Agreement.
(g) Block grant funds
allocated shall be used to supplement and increase the level of state, local,
and other non-federal funds and shall, in no event, supplant such state, local,
and other non-federal funds. The Division shall monitor compliance by comparing
total budgeted revenues for the current fiscal year with those budgeted for the
prior fiscal year for each area program exclusive of block grant funds. If
block grant funds are reduced, the area program may reduce its participation in
a proportionate manner.
Authority
G.S.
122C-150;
P.L.
102-321, Subpart II;
Eff. February 1,
1996;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. June 25,
2016.
