North Carolina General Statutes Chapter 108A Social Services

Article 1 - County Administration.

N.C. Gen. Stat. § 108A-1. Creation
Every county shall have a board of social services or a consolidated human services board created pursuant to G.S. 153A-77(b) which shall establish county...
N.C. Gen. Stat. § 108A-2. Size
The county board of social services of a county shall consist of three members, except that the board of commissioners of any county may...
N.C. Gen. Stat. § 108A-3. Method of appointment; residential qualifications; fee or compensation for services; consolidated human services board appointments
(a) Three-Member Board. - The board of commissioners shall appoint one member who may be a county commissioner or a citizen selected by the...
N.C. Gen. Stat. § 108A-4. Term of appointment
Each member of a county board of social services shall serve for a term of three years. No member may serve more than two...
N.C. Gen. Stat. § 108A-5. Order of appointment
(a) Three-Member Board: The term of the member appointed by the Social Services Commission shall expire on June 30, 1981, and every three years...
N.C. Gen. Stat. § 108A-6. Vacancies
Appointments to fill vacancies shall be made in the manner set out in G.S. 108A-3. All such appointments shall be for the remainder of...
N.C. Gen. Stat. § 108A-7. Meetings
The board of social services of a county shall meet at least once per month, or more often if a meeting is called by...
N.C. Gen. Stat. § 108A-8. Compensation of members
Members of the county board of social services may receive a per diem in such amount as shall be established by the county board...
N.C. Gen. Stat. § 108A-9. Duties and responsibilities
The county board of social services shall have the following duties and responsibilities: (1) To select the county director of social services according to...
N.C. Gen. Stat. § 108A-10. Fees
The county board of social services is authorized to enter into contracts with any governmental or private agency, or with any person, whereby the...
N.C. Gen. Stat. § 108A-11. Inspection of records by members
Every member of the county board of social services may inspect and examine any record on file in the office of the director relating...
N.C. Gen. Stat. § 108A-12. Appointment
(a) The board of social services of every county shall appoint a director of social services in accordance with the merit system rules of...
N.C. Gen. Stat. § 108A-13. Salary
The board of social services of every county, with the approval of the board of county commissioners, shall determine the salary of the director...
N.C. Gen. Stat. § 108A-14. Duties and responsibilities
(a) The director of social services shall have the following duties and responsibilities: (1) To serve as executive officer of the board of social...
N.C. Gen. Stat. § 108A-15. Social services officials and employees as public guardians
The director and assistant directors of social services of each county may serve as guardians for adults adjudicated incompetent under the provisions of Chapter...
N.C. Gen. Stat. § 108A-15.1. Consolidated human services board; human services director
(a) Except as otherwise provided by this section and subject to any limitations that may be imposed by the board of county commissioners under...
N.C. Gen. Stat. § 108A-15.2 through 108A-15.6. Reserved for future codification purposes
N.C. Gen. Stat. § 108A-16. Appointment
With the approval of the board of social services, the board of commissioners of any county may appoint a licensed attorney to serve as...
N.C. Gen. Stat. § 108A-17. Compensation
The special county attorney for social service matters shall receive compensation for the performance of his duties and for his expenses in such amount...
N.C. Gen. Stat. § 108A-18. Duties and responsibilities
(a) The special county attorney shall have the following duties and responsibilities: (1) To serve as legal advisor to the county director, the county...
N.C. Gen. Stat. § 108A-19 through 108A-23. Reserved for future codification purposes

Article 2 - Programs of Public Assistance.

N.C. Gen. Stat. § 108A-24. Definitions
As used in Chapter 108A: (1) "Applicant" is any person who requests assistance or on whose behalf assistance is requested. (1a) Repealed by Session...
N.C. Gen. Stat. § 108A-25. Creation of programs
(a) The following programs of public assistance are established, and shall be administered by the county department of social services or the Department of...
N.C. Gen. Stat. § 108A-25.1. Repealed by Session Laws 2001-424, s. 21.52
N.C. Gen. Stat. § 108A-25.2. Exemption from limitations for individuals convicted of certain drug-related felonies
Individuals convicted of Class H or I controlled substance felony offenses in this State shall be eligible to participate in the Work First Program...
N.C. Gen. Stat. § 108A-25.3. Garnishment of wages to recoup fraudulent public assistance program payment
(a) The following definitions apply in this section: (1) Disposable income. - The part of the compensation paid or payable for personal services, whether...
N.C. Gen. Stat. § 108A-25.4. Use of payments under the Low-Income Energy Assistance Program and Crisis Intervention Program
(a) The Low-Income Energy Assistance Program Plan developed by the Department of Health and Human Services (Department) and submitted to the U.S. Department of...
N.C. Gen. Stat. § 108A-26. Certain financial assistance and in-kind goods not considered in determining assistance paid under Chapters 108A and 111
Financial assistance and in-kind goods or services received from a governmental agency, or from a civic or charitable organization, shall not be considered in...
N.C. Gen. Stat. § 108A-26.1. Information sharing of outstanding arrest warrant of applicant for or recipient of program assistance
(a) A county department of social services shall notify an applicant for program assistance under Part 2 or Part 5 of this Article that...
N.C. Gen. Stat. § 108A-26.2. Fleeing felon or parole or probation violator; eligibility for program assistance; federal approval; review by department
(a) Subject to subsection (b) of this section, a department of social services shall not grant public assistance under Part 2 or Part 5...
N.C. Gen. Stat. § 108A-27. (See editor's note) Authorization and description of Work First Program; Work First Program changes; designation of Electing and Standard Program Counties
(a) The Department shall establish, supervise and monitor the Work First Program. The purpose of the Work First Program is to provide eligible families...
N.C. Gen. Stat. § 108A-27.01. Income eligibility and payment level for Work First Family Assistance
The maximum net family annual income eligibility standards for Work First Family Assistance are the same standards of need for eligibility for the categorically...
N.C. Gen. Stat. § 108A-27.1. Time limitations on assistance
(a) Under the Standard Work First Program, unless an extension or an exemption is provided pursuant to the provisions of the Part or the...
N.C. Gen. Stat. § 108A-27.2. General duties of the Department
The Department shall have the following general duties with respect to the Work First Program: (1) Ensure that the specifications of the general provisions...
N.C. Gen. Stat. § 108A-27.3. Electing Counties - Duties of county boards of commissioners
(a) The duties of the county boards of commissioners in Electing Counties under the Work First Program are as follows: (1) Establish county outcome...
N.C. Gen. Stat. § 108A-27.4. Electing Counties - County Plan
(a) Each Electing County shall submit to the Department, according to the schedule established by the Department and in compliance with all federal and...
N.C. Gen. Stat. § 108A-27.5. Electing Counties - Duties of the Department
In addition to the general duties prescribed in G.S. 108A-27.3, the Department shall have the following duties with respect to establishing, supervising, and monitoring...
N.C. Gen. Stat. § 108A-27.6. Standard Program Counties - Duties of county departments of social services and county boards of commissioners
(a) Except as otherwise provided in this Article, the Standard Work First Program shall be administered by the county departments of social services. The...
N.C. Gen. Stat. § 108A-27.7. Standard Program County Plan
Standard counties shall have an emergency assistance program for Work First eligible families, as defined in the standard county plan. Counties may establish income...
N.C. Gen. Stat. § 108A-27.8. Standard Program Counties - Duties of Department
(a) The Department shall establish, develop, supervise, and monitor the Standard Work First Program. In addition to its general duties prescribed in G.S. 108A-27.2,...
N.C. Gen. Stat. § 108A-27.9. State Plan
(a) The Department shall prepare and submit to the Director of the Budget a biennial State Plan that proposes the goals and requirements for...
N.C. Gen. Stat. § 108A-27.10. Duties of the Director of the Budget/Governor
(a) The Director of the Budget shall, by May 15 of each odd-numbered year, approve and recommend adoption by the General Assembly of the...
N.C. Gen. Stat. § 108A-27.11. Work First Program funding
(a) County block grants, except funds for Work First Family Assistance, shall be computed based on the percentage of each county's total AFDC (including...
N.C. Gen. Stat. § 108A-27.12. Maintenance of effort
(a) The Department shall define in the State Plan the services that can be provided with TANF federal funds and with State and county...
N.C. Gen. Stat. § 108A-27.13. Performance standards
(a) The Department, in consultation with the county department of social services and county board of commissioners, shall establish outcome and performance measures for...
N.C. Gen. Stat. § 108A-27.14. Corrective action
(a) When any county fails to meet acceptable levels of performance, the Department may take one or more of the following actions to assist...
N.C. Gen. Stat. § 108A-27.15. Assistance not an entitlement; appeals
(a) Any assistance programs established under this Part, whether administered by the Department or the counties, are not entitlements, and nothing in this Part...
N.C. Gen. Stat. § 108A-27.16. Repealed by Session Laws 1999-237, s. 6(h)
N.C. Gen. Stat. § 108A-28, 108A-28.1. Repealed by Session Laws 1997-443, s. 12.14
N.C. Gen. Stat. § 108A-29. Priority for employment services
(a) Repealed by Session Laws 2009-489, s. 12, effective August 26, 2009. (b) Individuals seeking to apply or reapply for Work First Program assistance...
N.C. Gen. Stat. § 108A-29.1. (Effective until August 1, 2014) Substance abuse treatment required; drug testing for Work First Program recipients
(a) The Department shall require a drug test to screen each applicant for or recipient of Work First Program assistance whom the Department reasonably...
N.C. Gen. Stat. § 108A-30. Repealed by Session Laws 1997-443, s. 12.14
N.C. Gen. Stat. § 108A-31. Application for assistance
Any person who believes that the person is eligible to receive Work First Program assistance may apply for assistance to the county department of...
N.C. Gen. Stat. § 108A-32 through 108A-35. Repealed by Session Laws 1997-443, s. 12.14
N.C. Gen. Stat. § 108A-36. Assistance not assignable; checks payable to decedents
The assistance granted by this Article shall not be transferable or assignable at law or in equity; and none of the money paid or...
N.C. Gen. Stat. § 108A-37. Personal representative for mismanaged public assistance
(a) Whenever a county director of social services shall determine that a recipient of assistance is unwilling or unable to manage such assistance to...
N.C. Gen. Stat. § 108A-38. Protective and vendor payments
When necessary to comply with any present or future federal law or regulation in order to obtain federal participation in public assistance payments, the...
N.C. Gen. Stat. § 108A-39. Fraudulent misrepresentation
(a) Any person whether provider or recipient, or person representing himself as such, who willfully and knowingly and with intent to deceive makes a...
N.C. Gen. Stat. § 108A-39.1. Repealed by Session Laws 1997-443, s. 12.14
N.C. Gen. Stat. § 108A-39.2. Repealed by Session Laws 1989 (Reg. Sess., 1990), c. 966, s. 3
N.C. Gen. Stat. § 108A-40. Authorization of State-County Special Assistance Program
The Department is authorized to establish and supervise a State-County Special Assistance Program. This program is to be administered by county departments of social...
N.C. Gen. Stat. § 108A-41. (See editor's note) Eligibility
(a) Assistance shall be granted under this Part to all persons in adult care homes for care found to be essential in accordance with...
N.C. Gen. Stat. § 108A-42. Determination of disability
(a) For purposes of G.S. 108A-41(b)(1), a person is permanently and totally disabled if: (1) This person was receiving aid to the disabled assistance...
N.C. Gen. Stat. § 108A-43. Application procedure
(a) Applications under this Part shall be made to the county director of social services who, with the approval of the county board of...
N.C. Gen. Stat. § 108A-44. State funds to counties
(a) Appropriations made under this Part by the General Assembly to the Department, together with grants of the federal government (when such grants are...
N.C. Gen. Stat. § 108A-45. Participation
The State-County Special Assistance Program established by this Part shall be administered by all the county departments of social services under rules and regulations...
N.C. Gen. Stat. § 108A-46. Repealed by Session Laws 2003-284, s. 10.53(a), effective July 1, 2003
N.C. Gen. Stat. § 108A-46.1. Transfer of assets for purposes of qualifying for State-county Special Assistance
Notwithstanding any other provision of law to the contrary, Supplemental Security Income (SSI) policy applicable to transfer of assets and estate recovery, as prescribed...
N.C. Gen. Stat. § 108A-47. Limitations on payments
No payment of assistance under this Part shall be made for the care of any person in a licensed facility that is owned or...
N.C. Gen. Stat. § 108A-48. State Foster Care Benefits Program
(a) The Department is authorized to establish a State Foster Care Benefits Program with appropriations by the General Assembly for the purpose of providing...
N.C. Gen. Stat. § 108A-49. Foster care and adoption assistance payments
(a) Benefits in the form of foster care assistance shall be granted in accordance with the rules of the Social Services Commission to any...
N.C. Gen. Stat. § 108A-49.1. Foster care and adoption assistance payment rates
(a) The maximum rates for State participation in the foster care assistance program are established on a graduated scale as follows: (1) $475.00 per...
N.C. Gen. Stat. § 108A-50. State benefits for certain adoptive children
(a) The Department is authorized to establish a program of State benefits for certain adoptive children from appropriations made by the General Assembly and...
N.C. Gen. Stat. § 108A-50.1. Special Needs Adoptions Incentive Fund
(a) There is created a Special Needs Adoptions Incentive Fund to provide financial assistance to facilitate the adoption of certain children residing in licensed...
N.C. Gen. Stat. § 108A-50.2. Adoption Promotion Fund
(a) Funds appropriated by the General Assembly to the Department of Health and Human Services, Division of Social Services, for the Adoption Promotion Fund...
N.C. Gen. Stat. § 108A-51. Authorization for Food and Nutrition Services
The Department is authorized to establish a statewide food and nutrition services program as authorized by the Congress of the United States. The Department...
N.C. Gen. Stat. § 108A-52. Determination of eligibility
Any person who believes that he or another person is eligible to receive electronic food and nutrition benefits may apply for such assistance to...
N.C. Gen. Stat. § 108A-53. Fraudulent misrepresentation
(a) Any person, whether provider or recipient or person representing himself as such, who knowingly obtains or attempts to obtain, or aids or abets...
N.C. Gen. Stat. § 108A-53.1. Illegal possession or use of electronic food and nutrition benefits
(a) Any person who knowingly buys, sells, distributes, or possesses with the intent to sell, or distribute electronic food and nutrition benefits or access...
N.C. Gen. Stat. § 108A-54. Authorization of Medical Assistance Program; administration
(a) The Department is authorized to establish a Medicaid Program in accordance with Title XIX of the federal Social Security Act. The Department may...
N.C. Gen. Stat. § 108A-54.1. Recodified as G.S. 108A-66.1 by Session Laws 2013-360, s. 12H.10(f), effective July 1, 2013
N.C. Gen. Stat. § 108A-54.1A. Amendments to Medicaid State Plan and Medicaid Waivers
(a) No provision in the Medicaid State Plan or in a Medicaid Waiver may expand or otherwise alter the scope or purpose of the...
N.C. Gen. Stat. § 108A-54.1B. Adoption of rules; State Plans, including amendments and waivers to State Plans, have effect of rules
(a) The Department is expressly authorized to adopt temporary and permanent rules to implement or define the federal laws and regulations, the North Carolina...
N.C. Gen. Stat. § 108A-54.2. Procedures for changing medical policy
(a) The Department shall adopt rules to develop, amend, and adopt medical coverage policy for Medicaid and NC Health Choice in accordance with this...
N.C. Gen. Stat. § 108A-54.3. Repealed by Session Laws 2013-360, s. 12H.6(b), effective July 26, 2013
N.C. Gen. Stat. § 108A-54.4. (Expires December 31, 2017) Income disregard for federal cost-of-living adjustments
An increase in a Medical Assistance Program recipient's income due solely to a cost-of-living adjustment to federal Social Security and Railroad Retirement payments shall...
N.C. Gen. Stat. § 108A-55. Payments
(a) The Department may authorize, within appropriations made for this purpose, payments of all or part of the cost of medical and other remedial...
N.C. Gen. Stat. § 108A-55.1. Medicare enrollment required
The Department shall require State Medical Assistance Program recipients who qualify for Medicare to enroll in Medicare, in accordance with Title XIX of the...
N.C. Gen. Stat. § 108A-55.2. Collaboration among agencies to ensure Medicaid-related services payments to eligible students with disabilities in public schools
The Department shall work with the Department of Public Instruction and local education agencies to develop efficient, effective, and appropriate administrative procedures and guidelines...
N.C. Gen. Stat. § 108A-55.3. Verification of State residency required for medical assistance
(a) At the time of application for medical assistance benefits, the applicant shall provide satisfactory proof that the applicant is a resident of North...
N.C. Gen. Stat. § 108A-55.4. Insurers to provide certain information to Department of Health and Human Services
(a) As used in this section, the terms: (1) "Applicant" means an applicant or former applicant of medical assistance benefits. (1a) "Department" means the...
N.C. Gen. Stat. § 108A-56. Acceptance of federal grants
All of the provisions of the federal Social Security Act providing grants to the states for medical assistance are accepted and adopted, and the...
N.C. Gen. Stat. § 108A-57. Subrogation rights; withholding of information a misdemeanor
(a) Notwithstanding any other provisions of the law, to the extent of payments under this Part, the State shall be subrogated to all rights...
N.C. Gen. Stat. § 108A-57.1. Rules governing transfer of medical assistance benefits between counties
Any recipient of medical assistance who moves from one county to another county of this State shall continue to receive medical assistance if eligible....
N.C. Gen. Stat. § 108A-58. Repealed by Session Laws 2006-66, s. 10.5(a), effective July 1, 2006
N.C. Gen. Stat. § 108A-58.1. Ineligibility for medical assistance based on transferring assets for less than fair market value
(a) General Rule. - Except as otherwise provided herein, an individual who is otherwise eligible to receive medical assistance under this Part is ineligible...
N.C. Gen. Stat. § 108A-58.2. Waiver of transfer of assets penalty due to undue hardship
(a) Prior to imposition of a period of ineligibility for long-term care services because of an asset transfer, also known as a penalty period,...
N.C. Gen. Stat. § 108A-59. Acceptance of medical assistance constitutes assignment to the State of right to third party benefits; recovery procedure
(a) Notwithstanding any other provisions of the law, by accepting medical assistance, the recipient shall be deemed to have made an assignment to the...
N.C. Gen. Stat. § 108A-60. Protection of patient property
(a) It shall be unlawful for any person: (1) To willfully commingle or cause or solicit the commingling of the personal funds or moneys...
N.C. Gen. Stat. § 108A-61. Repealed by Session Laws 1989, c. 701
N.C. Gen. Stat. § 108A-61.1. Financial responsibility of a parent for a child under age 21 in a medical institution
Notwithstanding any other provisions of the law, for the purpose of determining eligibility for medical assistance under Title XIX of the Social Security Act,...
N.C. Gen. Stat. § 108A-62. Therapeutic leave for medical assistance patients
Patients at an intermediate care facility or skilled nursing facility may take up to 60 days of therapeutic leave in any one calendar year...
N.C. Gen. Stat. § 108A-63. Medical assistance provider fraud
(a) It shall be unlawful for any provider of medical assistance under this Part to knowingly and willfully make or cause to be made...
N.C. Gen. Stat. § 108A-63.1. Health care fraud subpoena to produce documents
(a) The Attorney General, acting through the Medicaid Investigations Unit of the Department of Justice, may, when engaged in an investigation of an alleged...
N.C. Gen. Stat. § 108A-64. Medical assistance recipient fraud
(a) It shall be unlawful for any person to knowingly and willfully and with intent to defraud make or cause to be made a...
N.C. Gen. Stat. § 108A-64.1. Incentives to counties to recover fraudulent Medicaid expenditures
The Department of Health and Human Services, Division of Medical Assistance, shall provide incentives to counties that successfully recover fraudulently spent Medicaid funds by...
N.C. Gen. Stat. § 108A-65. Conflict of interest
(a) It shall be unlawful for any person who is or has been an officer or employee of State or county government, and as...
N.C. Gen. Stat. § 108A-66. Repealed by Session Laws 1989, c. 702
N.C. Gen. Stat. § 108A-66.1. Medicaid buy-in for workers with disabilities
(a) Title. - This section may be cited as the Health Coverage for Workers With Disabilities Act. The Department shall implement a Medicaid buy-in...
N.C. Gen. Stat. § 108A-67. Medicare/Qualified Disabled Working Individuals
Qualified disabled working individuals are eligible for the payment of the Medicare Part A premium. An individual is qualified for this payment: (1) If...
N.C. Gen. Stat. § 108A-68. Drug Use Review Program; rules
Notwithstanding the provisions of Chapter 90 of the General Statutes or of any other provision of law, the Division of Medical Assistance, Department of...
N.C. Gen. Stat. § 108A-68.1. Certain prescription drugs exempt from prior authorization requirements
Prior authorization shall not be required or utilized for any antihemophilic factor drugs prescribed for the treatment of hemophilia and blood disorders where there...
N.C. Gen. Stat. § 108A-69. Employer obligations
(a) As used in this section and in G.S. 108A-70: (1) "Health benefit plan" means an accident and health insurance policy or certificate; a...
N.C. Gen. Stat. § 108A-70. Recoupment of amounts spent on medical care
(a) The Department may garnish the wages, salary, or other employment income of, and the Secretary of Revenue shall withhold amounts from State tax...
N.C. Gen. Stat. § 108A-70.4. Long-Term Care Partnership Program
(a) The following definitions apply in this section: (1) Asset. - Resources and income. (2) Department. - The Department of Health and Human Services....
N.C. Gen. Stat. § 108A-70.5. Medicaid Estate Recovery Plan
(a) There is established in the Department of Health and Human Services, the Medicaid Estate Recovery Plan, as required by the Omnibus Budget Reconciliation...
N.C. Gen. Stat. § 108A-70.6. Repealed by Session Laws 2007-442, s. 1(b), effective August 23, 2007
N.C. Gen. Stat. § 108A-70.7. Repealed by Session Laws 2007-442, s. 1(b), effective August 23, 2007
N.C. Gen. Stat. § 108A-70.8. Repealed by Session Laws 2007-442, s. 1(b), effective August 23, 2007
N.C. Gen. Stat. § 108A-70.9. Repealed by Session Laws 2007-442, s. 1(b), effective August 23, 2007
N.C. Gen. Stat. § 108A-70.9A. Appeals by Medicaid recipients
(a) Definitions. - The following definitions apply in this Part, unless the context clearly requires otherwise. (1) Adverse determination. - A determination by the...
N.C. Gen. Stat. § 108A-70.9B. Contested Medicaid cases
(a) Application. - This section applies only to contested Medicaid cases commenced by Medicaid recipients under G.S. 108A-70.9A. Except as otherwise provided by G.S....
N.C. Gen. Stat. § 108A-70.9C. Informal review permitted
Nothing in this Part shall prevent the Department from engaging in an informal review of a contested Medicaid case with a recipient prior to...
N.C. Gen. Stat. § 108A-70.10. Short title
This Part may be cited as the Medical Assistance Provider False Claims Act. (1997-338, s. 1.)
N.C. Gen. Stat. § 108A-70.11. Definitions
Definitions. - As used in this Part: (1) "Attorney General" means the Attorney General or any Deputy, Assistant, or Associate Attorney General. (2) "Claim"...
N.C. Gen. Stat. § 108A-70.12. Liability for certain acts; damages; effect of repayment
(a) Liability for Certain Acts. - It shall be unlawful for any provider of medical assistance under the Medical Assistance Program to: (1) Knowingly...
N.C. Gen. Stat. § 108A-70.13. False claims procedure
(a) The Attorney General shall have the authority to investigate, institute proceedings, compromise and settle any investigation or action, and perform all duties in...
N.C. Gen. Stat. § 108A-70.14. Civil investigative demand
(a) If the Attorney General has reasonable cause to believe that a person has information or is in possession, custody, or control of any...
N.C. Gen. Stat. § 108A-70.15. Employee remedies
(a) In the absence of fraud or malice, no person who furnishes information to officials of the State responsible for investigating false claims violations...
N.C. Gen. Stat. § 108A-70.16. Uniformity of interpretation
This Part shall be so interpreted and construed as to be consistent with the federal False Claims Act, 31 U.S.C. 3729, et seq., and...
N.C. Gen. Stat. § 108A-70.17. Reserved for future codification purposes
N.C. Gen. Stat. § 108A-70.18. Definitions
As used in this Part, unless the context clearly requires otherwise, the term: (1) "Comprehensive health coverage" means creditable health coverage as defined under...
N.C. Gen. Stat. § 108A-70.19. Short title; purpose; no entitlement
This Part may be cited as "The Health Insurance Program for Children Act of 1998." The purpose of this Part is to provide comprehensive...
N.C. Gen. Stat. § 108A-70.20. Program established
The Health Insurance Program for Children is established. The Program shall be known as North Carolina Health Choice for Children, and it shall be...
N.C. Gen. Stat. § 108A-70.20A. Child health insurance fund
There is established a Child Health Insurance Fund. All premium receipts or any other receipts, including earnings on investments, occurring or arising in connection...
N.C. Gen. Stat. § 108A-70.21. Program eligibility; benefits; enrollment fee and other cost-sharing; coverage from private plans; purchase of extended coverage
(a) Eligibility. - The Department may enroll eligible children based on availability of funds. Following are eligibility and other requirements for participation in the...
N.C. Gen. Stat. § 108A-70.22. Repealed by Session Laws 2008-107, s. 10.13(g), effective July 1, 2008
N.C. Gen. Stat. § 108A-70.23. Repealed by Session Laws 2011-145, s. 10.41(c), effective July 1, 2011
N.C. Gen. Stat. § 108A-70.24. Repealed by Session Laws 2008-107, s. 10.13(i), effective July 1, 2008
N.C. Gen. Stat. § 108A-70.25. State Plan for Health Insurance Program for Children
(a) The NC Health Choice program shall be administered and operated in accordance with this Part and the NC Health Choice State Plan, as...
N.C. Gen. Stat. § 108A-70.26. Application process; outreach efforts; appeals
(a) Application. - The Department shall use an application form for the Program that is concise, relatively easy for the applicant to comprehend and...
N.C. Gen. Stat. § 108A-70.27. (See editor's note) Data collection; reporting
(a) The Department shall ensure that the following data are collected, analyzed, and reported in a manner that will most effectively and expeditiously enable...
N.C. Gen. Stat. § 108A-70.28. Fraudulent misrepresentation
(a) It shall be unlawful for any person to knowingly and willfully, and with intent to defraud, make or cause to be made a...
N.C. Gen. Stat. § 108A-70.29. Program review process
(a) Review of Eligibility and Enrollment Decisions. - Eligibility and enrollment decisions for Program applicants or recipients shall be reviewable pursuant to G.S. 108A-79....
N.C. Gen. Stat. § 108A-70.30. Recodified as Part 33 of Article 7 of Chapter 143B, G.S. 143B-344.46, by Session Laws 2013-360, s. 15.22(h), effective July 1, 2013

Article 3 - Social Services Programs.

N.C. Gen. Stat. § 108A-71. Authorization of social services programs
The Department is hereby authorized to accept all grants-in-aid available for programs of social services under the Social Security Act, other federal laws or...
N.C. Gen. Stat. § 108A-72. Social services checks payable to decedents
In the event of the death of a recipient of a cash payment service, any check or checks payable to such recipient but not...
N.C. Gen. Stat. § 108A-73. Services appeals and confidentiality of records
The provisions of Article 4 on public assistance and social services appeals and confidentiality of records shall be applicable to social services programs authorized...
N.C. Gen. Stat. § 108A-74. County department failure to provide services; State intervention in or control of service delivery
(a) Notwithstanding any other provision of law to the contrary, the Secretary of Health and Human Services may take action in accordance with this...
N.C. Gen. Stat. § 108A-75 through 108A-78. Reserved for future codification purposes

Article 4 - Public Assistance and Social Services Appeals and Access to Records.

N.C. Gen. Stat. § 108A-79. Appeals
(a) A public assistance applicant or recipient shall have a right to appeal the decision of the county board of social services, county department...
N.C. Gen. Stat. § 108A-80. Confidentiality of records
(a) Except as provided in (b) below, it shall be unlawful for any person to obtain, disclose or use, or to authorize, permit, or...
N.C. Gen. Stat. § 108A-81 through 108A-85. Reserved for future codification purposes

Article 5 - Financing of Programs of Public Assistance and Social Services.

N.C. Gen. Stat. § 108A-86. Financial transactions between the State and counties
The Secretary shall have the power to promulgate rules and regulations establishing procedures for the counties to follow in financing programs of public assistance...
N.C. Gen. Stat. § 108A-87. Allocation of nonfederal shares
(a) The nonfederal share of the annual cost of each public assistance and social services program and related administrative costs may be divided between...
N.C. Gen. Stat. § 108A-88. Determination of State and county financial participation
Before February 15 of each year, the Secretary shall notify the county board of commissioners, the county manager, the director of social services, and...
N.C. Gen. Stat. § 108A-89. State Public Assistance Contingency Loan Program
(a) The Department is authorized and empowered to establish a program known as the "State Public Assistance Contingency Loan Program." The purpose of this...
N.C. Gen. Stat. § 108A-90. Counties to levy taxes
(a) Whenever the Secretary or his representative assigns a portion of the nonfederal share of public assistance expenses to the counties under the rules...
N.C. Gen. Stat. § 108A-92. Repealed by Session Laws 1997-443, s. 12.14
N.C. Gen. Stat. § 108A-93. Withholding of State moneys from counties failing to pay public assistance costs
The Director of the Budget may withhold from any county that does not pay its full share of public assistance costs to the State...
N.C. Gen. Stat. § 108A-94 through 108A-98. Reserved for future codification purposes

Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act.

N.C. Gen. Stat. § 108A-99. Short title
This Article may be cited as the "Protection of the Abused, Neglected, or Exploited Disabled Adult Act." (1973, c. 1378; s. 1; 1975, c....
N.C. Gen. Stat. § 108A-100. Legislative intent and purpose
Determined to protect the increasing number of disabled adults in North Carolina who are abused, neglected, or exploited, the General Assembly enacts this Article...
N.C. Gen. Stat. § 108A-101. Definitions
(a) The word "abuse" means the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation by a caretaker...
N.C. Gen. Stat. § 108A-102. Duty to report; content of report; immunity
(a) Any person having reasonable cause to believe that a disabled adult is in need of protective services shall report such information to the...
N.C. Gen. Stat. § 108A-103. Duty of director upon receiving report
(a) Any director receiving a report that a disabled adult is in need of protective services shall make a prompt and thorough evaluation to...
N.C. Gen. Stat. § 108A-104. Provision of protective services with the consent of the person; withdrawal of consent; caretaker refusal
(a) If the director determines that a disabled adult is in need of protective services, he shall immediately provide or arrange for the provision...
N.C. Gen. Stat. § 108A-105. Provision of protective services to disabled adults who lack the capacity to consent; hearing, findings, etc
(a) If the director reasonably determines that a disabled adult is being abused, neglected, or exploited and lacks capacity to consent to protective services,...
N.C. Gen. Stat. § 108A-106. Emergency intervention; findings by court; limitations; contents of petition; notice of petition; court authorized entry of premises; immunity of petitioner
(a) Upon petition by the director, a court may order the provision of emergency services to a disabled adult after finding that there is...
N.C. Gen. Stat. § 108A-107. Motion in the cause
Notwithstanding any finding by the court of lack of capacity of the disabled adult to consent, the disabled adult or the individual or organization...
N.C. Gen. Stat. § 108A-108. Payment for essential services
At the time the director, in accordance with the provisions of G.S. 108A-103 makes an evaluation of the case reported, then it shall be...
N.C. Gen. Stat. § 108A-109. Reporting abuse
Upon finding evidence indicating that a person has abused, neglected, or exploited a disabled adult, the director shall notify the district attorney. (1975, c....
N.C. Gen. Stat. § 108A-110. Funding of protective services
Any funds appropriated by counties for home health care, boarding home, nursing home, emergency assistance, medical or psychiatric evaluations, and other protective services and...
N.C. Gen. Stat. § 108A-111. Adoption of standards
The Department and the administrative office of the court shall adopt standards and other procedures and guidelines with forms to insure the effective implementation...

Article 6A - Protection of Disabled and Older Adults From Financial Exploitation.

N.C. Gen. Stat. § 108A-112. Legislative intent and purpose
Determined to fight the growing problem of fraud and financial exploitation targeting disabled and older adults in North Carolina, the General Assembly enacts this...
N.C. Gen. Stat. § 108A-113. Definitions
As used in this Article, the following definitions apply: (1) Customer. - A person who is a present or former holder of an account...
N.C. Gen. Stat. § 108A-114. Financial institutions encouraged to offer disabled adult and older adult customers the opportunity to submit a list of trusted persons to be contacted in case of financial exploitation
All financial institutions are encouraged, but not required, to offer to disabled adult and older adult customers the opportunity to submit, and periodically update,...
N.C. Gen. Stat. § 108A-115. Duty to report suspected fraud; content of report; immunity for reporting
(a) Any financial institution, or officer or employee thereof, having reasonable cause to believe that a disabled adult or older adult is the victim...
N.C. Gen. Stat. § 108A-116. Production of customers' financial records in cases of suspected financial exploitation; immunity; records may not be used against account owner
(a) An investigating entity may, under the conditions specified in this section, obtain a subpoena directing a financial institution to provide to the investigating...
N.C. Gen. Stat. § 108A-117. Notice to customer; delayed notice
(a) Upon the issuance of a subpoena pursuant to G.S. 108A-116, the investigating entity shall immediately provide the customer with written notice of its...
N.C. Gen. Stat. § 108A-118. Reserved for future codification purposes
N.C. Gen. Stat. § 108A-119. Reserved for future codification purposes

Article 7 - Hospital Provider Assessment Act.

N.C. Gen. Stat. § 108A-120. Short title and purpose
This Article shall be known as the "Hospital Provider Assessment Act." The assessments imposed by this Article are to provide revenue to improve funding...
N.C. Gen. Stat. § 108A-121. Definitions
The following definitions apply in this Article: (1) CMS. - Centers for Medicare and Medicaid Services. (2) Critical access hospital. - Defined in 42...
N.C. Gen. Stat. § 108A-122. Assessment
(a) Assessment Imposed. - Except as provided in this section, the assessments authorized under this Article are imposed as a percentage of total hospital...
N.C. Gen. Stat. § 108A-123. Assessment amount
(a) Annual Calculation. - The Secretary must annually calculate the equity assessment amount and the UPL assessment amount for each hospital subject to the...
N.C. Gen. Stat. § 108A-124. Use of assessment proceeds
(a) Use. - The proceeds of the assessments imposed under this Article and all corresponding matching federal funds must be used to make the...
N.C. Gen. Stat. § 108A-125. Deferral of assessment due date
In the event the data necessary to calculate the assessments required under G.S. 108A-123 or the payments required under G.S. 108A-124 is not available...
N.C. Gen. Stat. § 108A-126. Approval of assessment program
The Department must file a State plan amendment with the CMS that incorporates the assessment payments and distributions consistent with the provisions of this...
N.C. Gen. Stat. § 108A-127. Repeal
The authority to impose an assessment under this Article is repealed in the event that CMS determines that the assessment or payment methodologies described...
N.C. Gen. Stat. § 108A-128. Payment for providers formerly subject to this Article
If a hospital provider (i) is exempt from both the equity and UPL assessments under this Article, (ii) makes an intergovernmental transfer (IGT) to...
N.C. Gen. Stat. § 108A-129. Reserved for future codification purposes
N.C. Gen. Stat. § 108A-130. Reserved for future codification purposes
N.C. Gen. Stat. § 108A-131. Reserved for future codification purposes
N.C. Gen. Stat. § 108A-132. Reserved for future codification purposes

Last modified: March 23, 2014