Current through Register Vol. 39, No. 6, September 16, 2024
(a) For the
purposes of this Rule, the following definitions shall apply:
(1) "Department" means the North Carolina
Department of Health and Human Services.
(2) "Disaster" means when a declaration has
been made by the President of the United States under 44 C.F.R. Part 206,
Subpart B, which is hereby incorporated by reference, including any subsequent
editions or amendments, or by the Governor of North Carolina under
G.S.
166A-19.3(3).
(3) "Emergency" means when a state of
emergency declaration has been issued under
G.S.
166A-19.3(19).
(4) "Event" means a National Special Security
Event designated by the President of the United States under
18 U.S.C.
3056(e)(1), which is hereby
incorporated by reference, including any subsequent editions or
amendments.
(5) "Rate of
compliance" means the number of inspections for food and lodging establishments
conducted by the local health department during the previous state fiscal year
divided by the number of inspections mandated to be conducted by the local
health department per state fiscal year pursuant to
G.S.
130A-249 and
10A NCAC
46 .0213, not to exceed a value of
1.
(b) Fees collected
pursuant to
G.S.
130A-248(d), minus state
expenses budgeted for the collection and inventory program, shall be
distributed to local health departments for the support of local public health
programs and activities as follows:
(1) seven
hundred and fifty dollars ($750.00) to each county; and
(2) the balance of funds that remain after
the distribution described in Subparagraph (b)(1) of this Rule shall be
distributed to each county in accordance with the formula provided in
Subparagraph (b)(2)(A) of this Rule. After the distribution of funds pursuant
to Part (b)(2)(A) of this Rule, the balance of any funds that remain shall be
distributed in accordance with the formula provided in Part (b)(2)(B) of this
Rule to the counties that have one hundred percent compliance with the
inspection requirements for food and lodging establishments as set out in
G.S.
130A-249 and
10A NCAC
46 .0213 in the immediately preceding state
fiscal year:
(A) [the remaining balance of
funds after distribution in Subparagraph (b)(1) of this Rule] multiplied by
(the number of facilities in the county divided by the number of facilities in
the state) multiplied by (the county's rate of compliance) equals the
allocation to the county; and
(B)
[total amount of remaining funds after distribution in Part (b)(2)(A)]
multiplied by (the number of facilities in the county divided by the number of
facilities in all counties with 100 percent compliance with mandatory
inspection requirements for food and lodging establishments as set forth in
G.S.
130A-249 and
10A NCAC
46 .0213 during the previous fiscal year)
equals the additional allocation to the county.
(c) Notwithstanding the definition of rate of
compliance in Paragraph (a) of this Rule, the total amount of funds distributed
to a local health department shall be calculated in accordance with Paragraph
(b) of this Rule, but using the local health department's rate of compliance
from the last state fiscal year that was completed immediately prior to a
disaster, emergency, or event, when:
(1) one
or more counties served by the local health department is named in a disaster
or emergency declaration or in an event designation;
(2) the local health director or the local
health director's designee submits a written attestation to the State
Environmental Health Director that includes the following:
(A) an explanation of how disruption caused
by the disaster, emergency, or event is such that inspections that are required
pursuant to
G.S.
130A-249 and
10A NCAC
46 .0213 for food and lodging establishments
cannot be carried out as planned because of the local health department's
involvement in the response to the disaster, emergency, or event; and
(B) a statement that the loss of funds as a
result of the local health department's decreased rate of compliance is
expected to result in a financial hardship to the local health department's
environmental health program; and
(3) the Department determines that sufficient
funds are available to make a disbursement to the local health department in
accordance with this Paragraph.
(d) Attestations written pursuant to
Paragraph (c) of this Rule shall be submitted to the State Environmental Health
Director by mail at 5605 Six Forks Road, 1632 Mail Service Center, Raleigh, NC
27699-1632.
Authority
G.S.
130A-9;
130A-248;
130A-249;
Eff. May
1, 1991;
Readopted Eff. July 1,
2022.
