Benchmarks' Child Welfare Webinar
Lisa Cauley & Karen McLeod
August 11, 2022
(Click picture above to play recording from the meeting)

Benchmarks' Upcoming Webinars

Benchmarks' Friday Membership Webinar with Jay Ludlum & Karen McLeod
(Dave will be on vacation, & sends his best!)
Date: Friday, August 19, 2022
Time: 8:30 am thru 9:30 am

Benchmarks' Membership Webinar: Standardized Referral Form Discussion with Benchmarks/Cansler Team
Date: Thursday, August 25, 2022
Time: 9:00 am thru 11:00 am

DHSR: Mental Health Construction Waivers
Requests for Temporary Waivers or Modifications of Enforcement of the Construction, Design, and Physical Plant Requirements for Mental Health, Developmental Disability, and Substance Abuse Facilities Pursuant to 1O NCAC Subchapter 27G pursuant to the authority granted in the 2022 Appropriations Act

On March 12, 2020 and June 10, 2020 memorandums were issued by the North Carolina Department of Health and Human Services (DHHS), Division of Health Service Regulation (DHSR) that waived or modified specific legal or regulatory constraints that would prevent or impair certain DHSR regulated health care services during the No11h Carolina State of Emergency declared in Executive Order 116.

The March 12, 2020 memorandum and waivers were issued at the request of the North Carolina Emergency Management Director, Mike Sprayberry, pursuant to N.C. Gen Stat. § 131 E-84 and Executive Order 116. The authority for the June I 0, 2020 (also cited as additional authority for the March 12, 2020 memorandum) waivers and modifications was granted by the Governor, with the concurrence of the Council of State, in Section I of Executive Order 130 and Section 2 of Executive Order 139 (extended by Executive Order Nos. 144, 148, 152, 165, 177,193,211,225, 236, 245 and 256). Additionally, Section I of Executive Order 130 delegated authority to DHHS to waive or modify enforcement of any legal or regulatory constraints that would prevent or impair increasing health care facilities' licensed bed capacity.

Pursuant to Section I of Executive Order 148, these waivers remain in effect for thirty (30) days following termination of the Executive Orders extending the authority for the waivers. Executive Order 256 was not extended and expired on July 15, 2022; therefore, the waivers and modifications issued on June I 0, 2020 and waivers and modifications approved pursuant to the memorandum will expire on August 14, 2022.

On July 7, 2022, North Carolina Session Law 2022-74 (the 2022 Appropriations Act), was enacted and included legislation for emergency flexibilities for certain facilities and services regulated by DHSR. Section 9E.2.(a) added to language to North Carolina General Statute § 122C-27.5, that granted authority to DHSR to temporarily waive any rules adopted to implement Article 2 of Chapter 122C pertaining to facilities licensed pursuant to Chapter I 22C during a declaration of a public health emergency by the Secretary. 

Pursuant to the authority vested in the United States Secretary of Health and Human Services (Secretary) under Section 319 of the Public Health Service Act, determined that a public health emergency exists as a result of the consequences of the Coronavirus Disease 2019 (COVID-19 Public Health Emergency) since January 27, 2020. Former Secretary Azar previously renewed the determination that a public health emergency exists and has existed since January 27, 2020 nationwide on April 2 I, 2020, July 23, 2020, October 2, 2020, and January 7, 2021 and Secretary Becerra renewed the determination on April 15, 2021, July 19, 2021, October 15, 2021, January 14, 2022, April 12, 2022, and July 15, 2022. 

In response to the COVID-19 Public Health Emergency and after careful consideration, DHSR is waiving or modifying enforcement of the regulatory requirements contained in this memorandum upon approval of requested submitted to DHSR. DHSR's intent in issuing the following waivers is to protect the health, safety, and welfare of residents and visitors located in North Carolina and provide necessary relief to Mental Health, Developmental Disability, and Substance Abuse Facilities regulated under l 0A NCAC Subchapter 27G in responding to the COVID-19 pandemic and to allow for more efficient treatment of patients. 

Request for waivers made pursuant to the March 12, 2020 memorandum that were approved by DHSR will remain in effect pursuant to the authority granted in the 2022 Appropriations Act a11d will expire at the end of the COVID-19 Public Health Emergency or at such time as DHSR determines that an emergency no lo11ger exist or at any time. Additionally, DHSR will continue to accept requests/or waivers as outlined in the March 12, 2020 memorandum. 

The following waivers issued pursuant to the 2022 Appropriations Act will expire at the end of the COV/D-19 Public Health Emergency or at such time as DHSR determines that an emergency 110 longer exist or at any time as determined by DHSR: 

Opioid Treatment Programs 
Request for Temporary Waiver of 10A NCAC 27G .3604 (f)(1)(A)-(G) and
(f)(3)(A)

As you may be aware, the Substance Abuse and Mental Health Services Administration (SAMHSA) has granted a temporary exemption from the unsupervised take-home medication requirements of 42 C.F.R. § 8.12(i) that are necessary to (1) dispense up to 28 days of take-home doses of opioid use disorder medication to stable patients if the Opioid Treatment Program (OTP)
believes the patient can safely handle this amount of take-home medication and (2) dispense up to 14 days of take-home doses of opioid use disorder medication to less stable patients if the OTP
believes the patient can safely handle this amount of take-home medication, with applicable conditions (herein referred to as “SAMHSA’s temporary exemption”). See, Methadone Take-Home Flexibilities Extension Guidance | SAMHSA

Pursuant to North Carolina General Statute § 122C-23(f), the Department of Health and Human Services’ Division of Health Service Regulation (DHSR) may, based on a written application and
for good cause, waive any of the rules implementing Article 2 of Chapter 122C so long as those rules do not affect the health, safety, or welfare of individuals served by the facility. Upon receipt
and approval of an OTP’s request for a waiver (using the request form attached to this memorandum), based on SAMHSA’s temporary exemption, DHSR will temporarily waive 10A NCAC 27G .3604 (f)(1)(A)-(G) and (f)(3)(A) subject to the OTP representing and agreeing to the parameters set forth in the attached document. DHSR is exercising this authority to waive rules in order to align with the SAMSA temporary exemptions.

An OPT may request a temporary waiver of 10A NCAC 27G .3604 (f)(1)(A)-(G) and (f)(3)(A) by competing and signing the attached document and returning it to DHSR’s Mental Health Licensure
and Certification Section, Robin Sulfridge, Chief, via email ([email protected]).

Read this and associated documents:
The NC Division of Health Benefits (DHB) has recently published a new Medicaid Bulletin article: 
 

Providers are encouraged to review this information. All bulletin articles, including those related to COVID-19, are available on DHB's Medicaid Bulletin webpage.
Engaging Parents and Youth with Lived Experience: Strengthening Collaborative Policy and Practice Initiatives for Families with Mental Health and Substance Use Disorders
Engaging Parents and Youth with Lived Experience: Strengthening Collaborative Policy and Practice Initiatives for Families with Mental Health and Substance Use Disorders Resource: Provides key considerations for recruiting and engaging those with lived experience who were involved with child welfare associated with a substance use disorder or other mental health challenge. It also highlights considerations for engaging youth who have spent time in the foster care system.

Collaborative teams can use the brief to ensure they have the necessary information to support meaningful partnerships. 

PHI's New Strategic Plan: 2022-2025
Our new strategic plan responds to the many pressing challenges and opportunities facing this country's direct care workforce.

State Supports for Direct Care Workers & COVID-19
PHI's Kezia Scales describes the key findings from a new PHI study on state hazard pay and sick leave policies during the pandemic.

US DOJ:
NC Woman Convicted in $34 Million Health Care Fraud Scheme
A federal jury convicted a North Carolina woman last Thursday for her role in a scheme to defraud several private health insurers by submitting over $34 million in false and fraudulent claims for physical therapy services that were never actually provided.

WRAL:
Group bashing child protective services pressures Durham County officials, raising safety concerns
A North Carolina advocacy group is using high-pressure tactics to push officials in Durham County and elsewhere to return children taken away from families by child protection services. County officials say the group’s tactics are making it difficult for social workers to do their jobs.

Operation Stop CPS alleges on its website that racial minorities are systematically “kidnapped” by the child protective services system and placed with other families, often white families, as foster children or permanent adoptees.


'There was staff that had their hair pulled out': Mental health crisis creates strain on NC health care workers
For nearly two years, WRAL Investigates has covered the mental health toll created by the COVID-19 pandemic.

The bottom line is this: At a time when more people need help than ever, the state simply doesn't have enough therapists and counselors to meet the demand.

As WRAL Investigates found, it includes the state's taxpayer funded mental health hospitals, where employees say the worker shortage is lowering morale and raising the danger.

Faizon Cutler works at the state-run Central Regional Hospital in Butner, North Carolina, north of Raleigh.

Upcoming Events
Wednesday, August 17, 2022
Competitive Integrated Employment Series

Time: 12:00 pm thru 1:00 pm

Wednesday, August 17, 2022
Interactive Monthly Update

Time: 2:00 pm thru 3:00 pm

NC DSS: Thursday, August 18, 2022
4th Quarterly Private Provider Meeting 

Time: 1:30 pm thru 2:30 pm

New: Thursday, August 18, 2022
Tailored Plan 101: Ready, Set, Launch Series 

Time: 5:30 pm thru 6:30 pm

Friday, August 19, 2022
Dave Richard Joins Benchmarks' Friday Membership Webinar

Time: 8:30 am thru 9:30 am

Tuesday, August 23, 2022
Home Health Electronic Visit Verification Stakeholder Engagement Meeting

Time: 10:00 am thru 11:30 am

Stakeholders will receive an email with registration information.
Tuesday, August 23, 2022
Children Under Stress: Preventing ACEs and Supporting Childhood Well-Being  

Time: 2:00 pm thru 3:00 pm

Thursday, August 25, 2022
Benchmarks' Membership Webinar: Standardized Referral Form Discussion with Benchmarks/Cansler Team 

Time: 9:00 am thru 11:00 am

Tuesday, August 30, 2022
Family Treatment Court Practice Academy: Beyond Counting: Strategies to Collect and (Actually) Use Your FTC Data

Time: 2:00 pm thru 3:30 pm

Thursday, September 1, 2022
Spectrum Disorder: Prevalence, Relevance, and Action NCFASD Informed Virtual Conference
All professionals, stakeholders, and parents are invited.

Time: 9:00 am thru 4:45 pm

Tuesday, September 13, 2022
Dual Diagnosis Lunchbox Series: Considerations when Supporting Youth with Complex Needs in Foster Care
Session 1: Trauma Informed Care Using a Bio-Psycho-Social-Spiritual Approach When Working with Youth in Foster Care who have ID and Mental Health Conditions

Time: 12:00 pm thru 1:00 pm

Tailored Care Management Educational Offerings

Ongoing Webinar Sessions and Trainings: Some are free, some require a fee, and some are for CMA organizations that have passed the desk review only.

NC AHEC has partnered with the NC Department of Health and Human Services and Division of Health Benefits to equip Tailored Care Management (TCM) candidates with the tools and knowledge to effectively provide care management services to North Carolina’s Tailored Plan beneficiaries through Continuing Professional Development (CPD) opportunities. Find a list of monthly offerings below and join us for one or for all!