· Web viewREQUEST FOR TECHNICAL CHANGE. AGENCY:INDUSTRIAL COMMISSION. RULE CITATION:04 NCAC 10 - ALL RULES (except 10F) DEADLINE FOR RECEIPT:Wednesday, October 10, 2012. NOTE WELL:

REQUEST FOR TECHNICAL CHANGE

AGENCY: INDUSTRIAL COMMISSION

RULE CITATION: 04 NCAC 10 - ALL RULES (except 10F)

DEADLINE FOR RECEIPT: Wednesday, October 10, 2012

NOTE WELL: This request when viewed on computer extends several pages. Please be sure you have reached the end of the document.

The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation.

In reviewing these rules, the staff determined that the following technical changes need to be made:

In 8 on your forms, you have checked that the fiscal impact has been approved by OSBM but no other boxes have been checked. If the rules have none of the impacts in the first four boxes, please also check the "no fiscal note required" box. At least one box in addition to the "Approved by OSBM" box must be checked.

Please retype the rule accordingly and resubmit it to our office at 1711 New Hope Church Road, Raleigh, North Carolina 27609.

Of course, this will also require conforming changes to the attached copies of the rule. Please check to see that this paperwork is in order and is returned along with the revised rule.

Robert A. Bryan, Jr.Commission Counsel



RULE CITATION: 04 NCAC 10A .0106




Change "self-insured employer, group self-insured employer, and statutory self-insured employer within the meaning of" to "individual self-insurer, group self-insurer, and member self-insurer as defined by" if that is what you mean. If that is not what you mean, please clarify.










Delete the first comma on line 4.

On line 8, change "which" to "that."










On line 6, there appears to be a strike through mark under the apostrophe. Please remove it.










In (a), because "the Act" is not a defined term, be specific about what Act you mean.










In (a), change the language before the first comma to read "Within 30 days of a request by the employee or the Commission" if that is what you mean. If "Within 30 days" modifies something different, please clarify.










Add page numbers as required by the OAH rules.

On page 1, line 12, delete "or."

Begin (b)(1) through (4) each with "the."

In (b)(1), I believe the second "of" should be "or." Please change it if so. Also add "the" before the second "date."

End (b)(5)(B) with a semicolon.

In (b)(5)(C), add "the" before "employee" and "claim."

End (b)(5)(D) with a semicolon.

In (d), change "which" to "that."

In (j), on line 29 and 30, it appears that "97-42" is the correct statute. If so, make the correction.






RULE CITATION: 04 NCAC 10A .0404A




Add page numbers.










Add page numbers.

In (b), on line 24, change "which" to "that."

In (e), on line 17, change "which" to "that."










On line 7, add "the" after "or."










In (c), delete "as."










Add page numbers.

In (b), delete the unnecessary strike through mark under the apostrophe.

In (i), format the list in list form.










Add page numbers.

In (e), change "which" to "that."

In (f), change the first "which" to "that."










Add page numbers.

In (a)(1), change "which" to "that."

In (a)(2), change "shall" to "will."


In (b)(4), change "shall undertake" to either "agrees to undertake" or "has undertaken" whichever is correct.

In (b)(6), change each "shall" to "will." Change "which" to "that."

In (b)(7), change each "shall" to "will." End line 37 with a colon.







DEADLINE FOR RECEIPT: Friday, October 12, 2012



In (a), change "which" to "if it."

End (a)(1) with a semicolon.

End (a)(2) with a semicolon and "or."

In (b), change "which" to "that."










In (b)(1), change each "which" to "that."

Delete the comma in (b)(2).












Add "97-80(b)" to your history note. That appears to be necessary authority for (c).










Add page numbers.

In (3), on line 22, delete the unnecessary strike through.

In (5), on line 2, change "which" to "that."

In (8), change "in the following circumstances" to "for the following."










Correctly underline, strike through and highlight. Language currently in the rule should not be underlined. No language should be both underlined and struck through. Punctuation should always be underlined and struck through in conjunction with a word.










In (a), the "(1)" should be underlined, not struck through.


Add page numbers.

Delete the last comma in (d).

Where you have changed your paragraph identifier, be sure to strike through the old one.

In (g), delete each "such."






RULE CITATION: 04 NCAC 10A .0609A




In (a), delete or define "medical."

In (b), change each "Medical Motion" to "motion brought pursuant to G.S. 97-25" or whatever you mean. You do not need to change it on line 12.

On page 1, delete the first comma on line 13.

Add page numbers.

In (d), change each "Medical Motion" to "motion brought pursuant to G.S. 97-25."










Add page numbers.

In (b), change "which" to "that."

Strike through the incorrect paragraph identifiers.










It appears you intended, but omitted, to strike through line 7 and 8. Please do so as much of the language is redundant to earlier language.

Where you have changed paragraph identifiers, please strike through the old one.

In (d) and (e), change "which" to "that."










Add page numbers.

In (f)(6), add "of the Commission," or whatever you mean, to the end.

In (i), change the second "file" to "filed."

Throughout the rule, change "medical provider" to "health care provider" to be consistent with your statute.

In (k), delete the language before the comma. The cited statute applies to insurers, not health care providers.










Delete the last two commas in (d).

Add page numbers.










Add page numbers.

On page 1, line 14, remove the strike through under the apostrophe in "appellant's."

Begin (e) with "The." Delete the commas in the first two sentences.

On page 1, line 29, add "the" before "appellee." On line 30, add "the" before "appellant."

In (f), add "a" after "After."

On page 2, line 25, add "an" before "exhibit."










In (b), delete "fines or other" or set out specific authority to set fines. See G.S. 150B-19(3).










Add page numbers.

In (d), delete or define "in detail."

In (e), (3) and (5) are not appropriately part of the list. Move them and make them stand-alone paragraphs.

In (e)(6), change "shall" to "will."

In (i), change "is" to "shall be." Change "shall be" to "is."






RULE CITATION: 04 NCAC 10B .0101





Change "which to "that."

Add "(Commission)" after "Industrial Commission" on line 8 or throughout this Subchapter, add "Industrial" before each "Commission" if it is not currently there. "Commission" is not defined in the relevant statutes or rules.










In (b), delete "approved."










In (a), apparently by "17(b)" you mean "1A-1, Rule 17(b)." Please make the correction.










In (b), change the first "the" to "an." Tell who is responsible for making "every effort."

Delete (c) as redundant to 04 NCAC 10G .0101.

Add page numbers.










Delete "or" at the end of (a)(1).

Add "or" to the end of (a)(2).

In (c), begin the second sentence with "The." Either delete "consistent with the Workers' Compensation Act" or cite the specific provision or provisions.










In the history note, delete the name of the case, leaving only the citation.










On page 2, line 6, add "an" before "exhibit."

Add page numbers.






RULE CITATION: 04 NCAC 10C .0101





In (a)(2), apparently you have inadvertently deleted "any rehabilitation professional." Please add it back in.










Add page numbers.

In (5), change each "which" to "that."










Add page numbers.

In (g), on line 20, delete "to."

In (j)(1), change "does" to "do."










Add page numbers.

Correctly identify all paragraphs being sure to strike through identifiers that have been changed.

It appears that lines 12 through 14 on page 1 contain old language that you intended to delete. Please strike through the language.

It also appears that lines 27 and 28 were meant to be deleted. Please strike through them.










Add page numbers.

In (e), change "guidelines" to "requirements."

In (e)(1), delete or define "clearly."










Add page numbers.

In (c)(6), delete or define "formal."

In (d), change "which" to "that."

Strike through the old, no longer accurate, paragraph identifiers.

In (e), add "capacity" after "physical."

In (f), use lower case letters for "rehabilitation professional."






RULE CITATION: 04 NCAC 10D .0102





On line 20, change the dash after "97-1" to "through."










Change "the Act" to the specific section or sections of the Act.










On line 14, change "which" to "that."

In (4), check with the Medical Board to ensure that your language is correct. I am not sure the Medical board "licenses" fields and specialties.










On line 10, check with the Medical Board to ensure that "licensed" is the correct term.

On lines 11 and 12, delete the language after the comma. In the previous rule you have required the employer or MCO to provide a statement that the MCO can make available physicians in all fields and specialties. Thus there should be no question about whether there is a physician of a specialty that meets the MCO's credentialing criteria.











In your history note "97-88(1)" is an incorrect citation. Please correct it.






RULE CITATION: 04 NCAC 10E .0202





In (4) and (5), add "a" before "specific."

Correctly underline and strike through. The current formatting does not correctly show changes.










In your history note, "97-18.2" appears to be a mis-citation. Please correct it.










In (b), tell what specific "Act" you mean. The authority in your history note comes from more than one act.






RULE CITATION: 04 NCAC 10F .0102

DEADLINE FOR RECEIPT: Thursday, October 11, 2012




Add page numbers.










45 CFR 162 has already been incorporated by reference in Rule .0101. There is no need to incorporate it again. Therefore please delete the last two sentences in (a).

Add page numbers.










On line 5, should not ".0102" be ".0103"? If so, correct it.

In (4), change each "which" to "that."










Add page numbers.

In (a)(1)(A), change "adopted standards" to "standards adopted in this Subchapter" if that is what you mean. If that is not what you mean, please clarify. Do the same in (a)(1)(B) and (a)(2)(A).

On page 1, delete line 5. (1) should become (a), and (2) becomes (b). There is nothing in the two Subparagraphs telling to whom the rule applies. Make conforming changes throughout the rule.

In (a)(2)(B), change "that has" to "who have."

In (b)(4), (F) and (G) do not fit within the list. They would be more appropriate as (5) and (6), with the new (5) beginning with "comply with" or whatever you mean.

Subparagraphs (c)(2) and (3) appear to be definitions. Write them as such. Begin them with: "As used in this Paragraph."

In (c)(4), tell what your list is or write in paragraph form.

In (c)(4)(A), delete or define "using the appropriate acknowledgement."

In (c)(5), tell what the list is or write in paragraph form.

In (c)(5)(A, change "is" to "shall be." Should "X12N" be "X12" to be consistent with the rest of the rule? If so, correct it.

In (c)(6), tell what the list is or write in paragraph form.

In (c)(9), change "Subsection" to "Subparagraph."

In (d)(1), delete "but not limited to."

Begin (d)(2)(A) with "the." Do the same in (D) and (E).


Begin (e)(1): "As used in the Paragraph."

In (e)(3), someplace tell what "ASC X12 835" is.

In (f), add "this" before "Subchapter."










In (a), change "these Rules" to "the Rules in this Subchapter" or whatever you mean. Change "as follows" to a period and delete the (1) and (2) writing in paragraph form. The "(A)" and "(B)" then become "(1)" and "(2)."

Add page numbers.

Rewrite (c) comparably to the request for (a). Neither paragraph is a true list.

In your history note, "97-18(1)" is an incorrect citation. Please correct it.










In (a), delete or define "specific."

In (b), delete "as appropriate." If not otherwise clear from the rules, tell where these Codes can be found.






RULE CITATION: 04 NCAC 10G .0101





Add page numbers.

Begin (h)(1) and (2) with "that."










In (a)(3), delete the space in "any." Do the same in (a)(4).

Begin (a)(5) with a lower case letter.

Your underlining and striking through is obviously incorrect throughout this rule. Please correct it.

In (a)(5), delete "every effort to make."

In (a)(7), change "which" to "that." Make "tonegotiate" two words.

Add page numbers.

Delete (c) as essentially redundant to the last sentence in (b).

In (d), delete or define "in appropriate cases."










On line 11, be specific what act you mean by "the Act."










Add page numbers.

On page 1, line 7, add a space after the first comma.

In (d)(6) and (9), change "shall" back to "will."

In (g), on line 6, change "shall" back to "will."










Add page numbers.

In your history note, change "Rule 1" to "Rule 7."

In (c)(4), the second sentence is not appropriately part of the list. Move it to the left margin.










Add page numbers.

In (a), add a space after the last comma on line 5.










Add page numbers.

In (f), add a space after the comma on line 33.

In (h), on line 20, add a space after the first comma.

End (i)(1)(D) with a semicolon.

End (i)(2) with a semicolon and "and."

In (i)(3), delete "the neutral evaluator."

In (n), change "which" to "that." Tell if the incorporated material includes subsequent amendments and editions, where it can be obtained, and the cost.










On line 5, add a space after the comma.






RULE CITATION: 04 NCAC 10H .0202





In (a), change "the case" to "a case."










Add "in an action pursuant to Article 12A of Chapter 143 of the General Statutes" after "statement."










In (a), add "in an action pursuant to Article 12A of Chapter 143 of the General Statutes" after "Deputy Commissioner."

In (d), add "the" before "appellant." Begin the second sentence with "The."
















RULE CITATION: 04 NCAC 10I .0201





Delete "as provided in G.S. 130-17." It is incorrect as well as unnecessary.










On line 14, add "to" before "hearing."










Delete line 6.
















RULE CITATION: 04 NCAC 10J .0101





Add page numbers.

Begin (b) on a separate line.

In (i), add a period at the end of the sentence ending on line 3.




Documents

· Web viewREQUEST FOR TECHNICAL CHANGE. AGENCY:INDUSTRIAL COMMISSION. RULE CITATION:04 NCAC 10 - ALL RULES (except 10F) DEADLINE FOR RECEIPT:Wednesday, October 10, 2012. NOTE WELL: