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the case.  Except as provided in Paragraph (f) of this Rule, factual information or evidence that is not offered shall not be considered in the determination of the case.  Documentary evidence incorporated by reference may be admitted only if the materials so incorporated are available for examination by the parties.
(e)  Documentary evidence in the form of copies or excerpts may be received in the discretion of the hearing officer or upon agreement of the parties.  Copies of a document shall be received to the same extent as the original document unless a genuine question is raised about the accuracy or authenticity of the copy or, under the circumstances, it would be unfair to admit the copy instead of the original.
(f)  The hearing officer may take notice of judicially cognizable facts by entering a statement of the noticed fact and its source into the record.  Upon a timely request, any party shall be given the opportunity to contest the facts so noticed through submission of evidence and argument.
(g)  A party may call an adverse party, or an officer, director, managing agent, or employee of the State or any local government, of a public or private corporation, or of a partnership or association or body politic that is an adverse party; and may interrogate that party by leading questions and may contradict and impeach that party on material matters in all respects as if that party had been called by the adverse party.  The adverse party may be examined by that party's counsel upon the subject matter of that party's examination in chief under the rules applicable to direct examination, and may be crossexamined, contradicted, and impeached by any other party adversely affected by the testimony.

History Note:Authority G.S. 58240(1); 58250; 58255; 58270; 150B38(h);

Eff. July 1, 1992;

Amended Eff. May 1, 2008; August 1, 2004.



(a)  All volumes of the North Carolina State Building Code are published under the direction of the North Carolina Department of Insurance.  All volumes of the code are updated annually and supplements containing amendments and other pertinent information are also published and filed with the State Attorney General.
(b)  Copies of the various volumes of the building code may be obtained from:  North Carolina Department of Insurance, Engineering & Codes, 1202 Mail Service Center, Raleigh, NC  27699-1202.  Information regarding cost of the publications may be obtained at the same address. Costs are based upon the cost to the Department of publication, distribution and annual revisions.

History Note:Authority G.S. 143138; 143A78;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. May 1, 2008; September 1, 1987.


For all providers who submit applications to be added to a carrier's network on or after October 1, 2001:

(1)The definitions in G.S. 58-3-167 are incorporated into this Rule by reference. Each carrier that is an insurer and that issues a health benefit plan shall obtain and retain on file each provider's signed and dated application on the form approved by the Commissioner under G.S. 58-3-230.  All other carriers shall obtain and retain on file the provider's signed and dated application on a form provided by the carrier. All required information shall be current upon final approval by the carrier.  The application shall include, when applicable:

(a)The provider's name, address, and telephone number.

(b)Practice information, including call coverage.

(c)Education, training and work history.

(d)The current provider license, registration, or certification, and the names of other states where the applicant is or has been licensed, registered, or certified.

(e)Drug Enforcement Agency (DEA) registration number and prescribing restrictions.

(f)Specialty board or other certification.

(g)Professional and hospital affiliation.

(h)The amount of professional liability coverage and any malpractice history.

(i)Any disciplinary actions by medical organizations and regulatory agencies.

(j)Any felony or misdemeanor convictions.

(k)The type of affiliation requested (for example, primary care, consulting specialists, ambulatory care, etc.).

(l)A statement of completeness, veracity, and release of information, signed and dated by the applicant.

(m)Letters of reference or recommendation or letters of oversight from supervisors, or both.

(2)The carrier shall obtain and retain on file the following information regarding facility provider credentials, when applicable:

(a)Joint Commission on Accreditation of Healthcare Organization's certification or certification from other accrediting agencies.

(b)State licensure.

(c)Medicare and Medicaid certification.

(d)Evidence of current malpractice insurance.

(3)No credential item listed in Items (1) or (2) of this Rule shall be construed as a substantive threshold or criterion or as a standard for credentials that must be held by any provider

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008


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