20 CAR Part 2 — Rules Pertaining to Recovery of Expenditures

Chapter I

Subchapter A

Subpart 1

20 CAR § 2-101 Purpose {#sec-20-car-2-101 omnilex-key=us-ar-regs-official--title-20-part-2--20 CAR § 2-101}

20 CAR § 2-101. Purpose.

(a) The purpose of these rules is for the State Board of Health to define circumstances and activities subject to recovery of expenditures under Acts 1989, No. 384.

(b) It is further the purpose to set forth the method of recovery of department expenditures from responsible parties as well as to set forth the method of appeal.

20 CAR § 2-102 Definitions {#sec-20-car-2-102 omnilex-key=us-ar-regs-official--title-20-part-2--20 CAR § 2-102}

20 CAR § 2-102. Definitions.

As used in this part:

(1) “Board” means the State Board of Health;

(2) “Department” means the Department of Health;

(3) “Person” means:

(A) An individual;

(B) A firm;

(C) A partnership;

(D) A company;

(E) A corporation;

(F) A trustee;

(G) An association; or

(H) Any public or private entity; and

(4) “Secretary” means the Secretary of the Department of Health.

20 CAR § 2-103 Incidents subject to recovery of expenditures {#sec-20-car-2-103 omnilex-key=us-ar-regs-official--title-20-part-2--20 CAR § 2-103}

20 CAR § 2-103. Incidents subject to recovery of expenditures.

(a) Incidents requiring Department of Health response to nonroutine, unplanned events creating potential for adverse health effects are outlined in this section.

(b) Incidents subject to recovery of expenditures include but are not limited to:

(1) Transportation incidents involving:

(A) Food;

(B) Drugs;

(C) Hazardous materials;

(D) Radiological materials; or

(E) Biological materials or chemicals;

(2) Fires involving:

(A) Grocery stores;

(B) Restaurants;

(C) Food warehouses;

(D) Drugstores;

(E) Storage or manufacturing facilities;

(F) Power plants; or

(G) Other facilities;

(3) Industrial or other releases of contaminants into the environment:

(A) Air;

(B) Water; or

(C) Soil;

(4) Product contamination or recalls;

(5) Indoor air contamination or suspected contamination; and

(6) Special monitoring or investigative requirements initiated by:

(A) The federal government; or

(B) Other governmental entities.

20 CAR § 2-104 Department of Health activities subject to recovery of expenditures {#sec-20-car-2-104 omnilex-key=us-ar-regs-official--title-20-part-2--20 CAR § 2-104}

20 CAR § 2-104. Department of Health activities subject to recovery of expenditures.

Department of Health activities subject to recovery of expenditures incurred in response to incidents outlined in 20 CAR § 2-103 include but are not limited to:

(1) Onsite and/or offsite damage assessment and reporting;

(2) Quarantine or condemnation of products;

(3) Sampling of:

(A) Air;

(B) Water;

(C) Soil;

(D) Food;

(E) Body fluids or tissue, human or animal; or

(F) Other media;

(4) Sample analysis, reporting, and interpretation of data by:

(A) The department; or

(B) A private or other outside laboratory contracted by the department;

(5) Onsite and/or offsite monitoring of air, water, soil, or other media using department-owned, leased, or rented equipment;

(6) Health studies or epidemiological investigations;

(7) Supervision of sites, facilities, equipment, or products prior to:

(A) Destruction;

(B) Disposal;

(C) Salvage; or

(D) Mitigation;

(8) Supervision of destruction, disposal, or salvage of products; and

(9) Professional, managerial, administrative, and/or clerical preparation of:

(A) Documents;

(B) Reports;

(C) Assessments; or

(D) Other material.

20 CAR § 2-105 Department of Health expenditures subject to recovery {#sec-20-car-2-105 omnilex-key=us-ar-regs-official--title-20-part-2--20 CAR § 2-105}

20 CAR § 2-105. Department of Health expenditures subject to recovery.

(a) Department of Health expenditures resulting from activities outlined in 20 CAR § 2-104, in response to incidents outlined in 20 CAR § 2-103, are subject to recovery.

(b) These expenditures include but are not limited to:

(1) Salaries and fringe benefits for professional/technical staff man hours worked in response to incidents, to include travel time;

(2) Support salaries and fringe benefits, including but not limited to:

(A) Secretarial;

(B) Accounting;

(C) Data processing;

(D) Legal; and

(E) Managerial;

(3) Transportation and/or mileage expenses for vehicles responding to incidents;

(4) Meals and lodging expenses for staff responding to incidents;

(5) Department laboratory costs, to include man hours, equipment, and supplies, in response to incidents;

(6) Contract costs for:

(A) Private or other outside laboratories; or

(B) Other professional services;

(7) Supplies and equipment use, to include rental or lease costs; and

(8) Repair, replacement, or decontamination costs of equipment, vehicles, or instrumentation damaged in response to incidents.

(c) Expenditures are calculated at the actual department rate in effect at the time the response activity occurs.

20 CAR § 2-106 Liability {#sec-20-car-2-106 omnilex-key=us-ar-regs-official--title-20-part-2--20 CAR § 2-106}

20 CAR § 2-106. Liability.

(a) The responsible party or parties liable for reimbursement of Department of Health expenditures are the people who, at the time the incident occurs, own or operate a facility, site, equipment, materials, or products causing the unplanned, nonroutine circumstances creating potential for adverse health effects.

(b) The identification of the responsible party or parties is determined by the Secretary of the Department of Health.

20 CAR § 2-107 Recovery of expenditures {#sec-20-car-2-107 omnilex-key=us-ar-regs-official--title-20-part-2--20 CAR § 2-107}

20 CAR § 2-107. Recovery of expenditures.

(a) The Department of Health is to compile a written report of actual expenditures incurred in response to incidents.

(b) Records are to:

(1) Reflect actual cost of response to incidents; and

(2) Be itemized by category of expenditure outlined in 20 CAR § 2-105.

(c) The record of expenditures is to be presented to the Secretary of the Department of Health for review and approval.

(d) Upon the secretary’s approval, the record of expenditures and an invoice are to be submitted to the responsible party for payment.

(e) Payment by the responsible party is due upon receipt of the invoice.

(f) If the incident requires ongoing department response activities, the department may submit a partial invoice to the responsible party for payment upon receipt.