North Carolina

Article 2.

Part 2.

Part 2.

Part 2.

Part 2.

Part 2A.

Part 2B.

Part 3.

Article 3.

Part 3.

Part 3.

Article 3A.

Part 4.

Article 4.

Part 4.

Part 4A.

Part 5.

Article 5.

Article 6.

Part 6.

Part 6A.

Article 6A.

Article 6B.

Article 7.

Part 7.

Article 7A.

Article 7B.

Part 8.

Article 8.

Part 9.

Part 10.

Part 11.

Chapter 108A.

§ 108A-2. Size.

§ 108A-3. Method of appointment; residential qualifications; fee or compensation for services; consolidated human services board appointments.

§ 108A-4. Term of appointment.

§ 108A-5. Order of appointment.

§ 108A-6. Vacancies.

§ 108A-7. Meetings.

§ 108A-8. Compensation of members.

§ 108A-9. Duties and responsibilities.

§ 108A-10. Fees.

§ 108A-11. Inspection of records by members.

§ 108A-13. Salary.

§ 108A-14. Duties and responsibilities.

§ 108A-15. Social services officials and employees as public guardians.

§§ 108A-15.2 through 108A-15.6.

§ 108A-15.8. Regional board of social services.

§ 108A-15.9. Dissolution of a regional social services department.

§ 108A-15.10. Regional social services director.

§ 108A-15.20. Citizen review panels.

§ 108A-17. Compensation.

§ 108A-18. Duties and responsibilities.

§§ 108A-19 through 108A-23.

§ 108A-25. Creation of programs; assumption by federally recognized tribe of programs.

§ 108A-25.1: Repealed by Session Laws 2001-424, s.

§ 108A-25.1A. Responsibility for errors.

§ 108A-25.2. Exemption from limitations for individuals convicted of certain drug-related felonies.

§ 108A-25.3. Garnishment of wages to recoup fraudulent public assistance program payment.

§ 108A-25.4. Use of payments under the Low-Income Energy Assistance Program and Crisis Intervention Program.

§ 108A-26. Certain financial assistance and in-kind goods not considered in determining assistance paid under Chapters 108A and 111.

§ 108A-26.1. Information sharing of outstanding arrest warrant of applicant for or recipient of program assistance.

§ 108A-26.2. Fleeing felon or parole or probation violator; eligibility for program assistance; federal approval; review by department.

§ 108A-26.5. NC FAST caseworker training and certification program.

§ 108A-27.1. Time limitations on assistance.

§ 108A-27.2. General duties of the Department.

§ 108A-27.3. Electing Counties - Duties of county boards of commissioners.

§ 108A-27.4. Electing Counties - County Plan.

§ 108A-27.5. Electing Counties - Duties of the Department.

§ 108A-27.6. Standard Program Counties - Duties of county departments of social services and county boards of commissioners.

§ 108A-27.7. Standard Program County Plan.

§ 108A-27.8. Standard Program Counties - Duties of Department.

§ 108A-27.9. State Plan.

§ 108A-27.10. Duties of the Director of the Budget/Governor.

§ 108A-27.11. Work First Program funding.

§ 108A-27.12. Maintenance of effort.

§ 108A-27.13. Performance standards.

§ 108A-27.14. Corrective action.

§ 108A-27.15. Assistance not an entitlement; appeals.

§ 108A-27.16. Repealed by Session Laws 1999-237, s.

§§ 108A-28, 108A-28.1: Repealed by Session Laws 1997-443, s.

§ 108A-29. Priority for employment services.

§ 108A-29.1. Drug screening and testing for Work First Program applicants and recipients.

§ 108A-30: Repealed by Session Laws 1997-443, s.

§ 108A-31. Application for assistance.

§§ 108A-32 through 108A-35: Repealed by Session Laws 1997-443, s.

§ 108A-36. Assistance not assignable; checks payable to decedents.

§ 108A-37. Personal representative for mismanaged public assistance.

§ 108A-38. Protective and vendor payments.

§ 108A-39. Fraudulent misrepresentation.

§ 108A-39.1: Repealed by Session Laws 1997-443, s.

§ 108A-39.2: Repealed by Session Laws 1989 (Reg.

§ 108A-41. Eligibility.

§ 108A-42. Determination of disability.

§ 108A-42.1. State-County Special Assistance Program payment rates.

§ 108A-43. Application procedure.

§ 108A-44. State funds to counties.

§ 108A-45. Participation.

§ 108A-46: Repealed by Session Laws 2003-284, s.

§ 108A-46.1. Transfer of assets for purposes of qualifying for State-county Special Assistance.

§ 108A-47. Limitations on payments.

§ 108A-47.1. Repealed by Session Laws 2021-180, s.

§ 108A-49. Foster care and adoption assistance payments.

§ 108A-49.1. Foster care and adoption assistance payment rates.

§ 108A-50. State benefits for certain adoptive children.

§ 108A-50.1. Special Needs Adoptions Incentive Fund.

§ 108A-50.2. Adoption Promotion Fund.

§§ 108A-50.3 through 108A-50.9.

§ 108A-50.11. Guardianship assistance program.

§ 108A-50.12. Guardianship assistance agreement.

§ 108A-50.13. Reimbursement for guardians.

§ 108A-51.1. Prohibition on certain waivers.

§ 108A-52. Determination of eligibility.

§ 108A-53. Fraudulent misrepresentation.

§ 108A-53.1. Illegal possession or use of electronic food and nutrition benefits.

§ 108A-54.1: Recodified as G.S.

§ 108A-54.1A. Amendments to Medicaid State Plan and Medicaid Waivers.

§ 108A-54.1B. Adoption of rules; State Plans, including amendments and waivers to State Plans, have effect of rules.

§ 108A-54.2. Procedures for changing medical policy.

§ 108A-54.3: Repealed by Session Laws 2013-360, s.

§ 108A-54.3A. Eligibility categories and income thresholds.

§ 108A-54.3B. Nonfederal share of NC Health Works costs.

§ 108A-54.3C. NC Health Works federal financial participation.

§ 108A-54.4. Income disregard for federal cost-of-living adjustments.

§ 108A-54.5. Maintenance of waivers for dependents of members of Armed Forces.

§ 108A-55. Payments.

§ 108A-55.1. Medicare enrollment required.

§ 108A-55.2. Collaboration among agencies to ensure Medicaid-related services payments to eligible students with disabilities in public schools.

§ 108A-55.3. Verification of State residency required for medical assistance.

§ 108A-55.4. Requirements related to insurers and the Department of Health and Human Services.

§ 108A-55.5. Eligibility monitoring for medical assistance.

§ 108A-56. Acceptance of federal grants.

§ 108A-57. Subrogation rights; withholding of information a misdemeanor.

§ 108A-57.1. Rules governing transfer of medical assistance benefits between counties.

§ 108A-58: Repealed by Session Laws 2006-66, s.

§ 108A-58.1. Ineligibility for medical assistance based on transferring assets for less than fair market value.

§ 108A-58.2. Waiver of transfer of assets penalty due to undue hardship.

§ 108A-59. Acceptance of medical assistance constitutes assignment to the State of right to third party benefits; recovery procedure.

§ 108A-60. Protection of patient property.

§ 108A-61: Repealed by Session Laws 1989, c.

§ 108A-61.1. Financial responsibility of a parent for a child under age 21 in a medical institution.

§ 108A-62. Therapeutic leave for medical assistance patients.

§ 108A-63. Medical assistance provider fraud.

§ 108A-63.1. Health care fraud subpoena to produce documents.

§ 108A-64. Medical assistance recipient fraud.

§ 108A-64.1. Incentives to counties to recover fraudulent Medicaid expenditures.

§ 108A-65. Conflict of interest.

§ 108A-66: Repealed by Session Laws 1989, c.

§ 108A-66.1. Medicaid buy-in for workers with disabilities.

§ 108A-67. Medicare/Qualified Disabled Working Individuals.

§ 108A-68. Drug Use Review Program; rules.

§ 108A-68.1. Certain prescription drugs exempt from prior authorization requirements.

§ 108A-68.1A. Medicaid preferred drug program.

§ 108A-68.1B. Coverage of medication to treat severe mental illness.

§ 108A-68.2. Beneficiary lock-in program for certain controlled substances.

§ 108A-69. Employer obligations.

§ 108A-70. Recoupment of amounts spent on medical care.

§ 108A-70.4. Long-Term Care Partnership Program.

§ 108A-70.5. Medicaid Estate Recovery Plan.

§ 108A-70.6: Repealed by Session Laws 2007-442, s.

§ 108A-70.7: Repealed by Session Laws 2007-442, s.

§ 108A-70.8: Repealed by Session Laws 2007-442, s.

§ 108A-70.9: Repealed by Session Laws 2007-442, s.

§ 108A-70.9B. Contested Medicaid cases.

§ 108A-70.9C. Informal review permitted.

§ 108A-70.11. Definitions.

§ 108A-70.12. Liability for certain acts; damages; effect of repayment.

§ 108A-70.13. False claims procedure.

§ 108A-70.14. Civil investigative demand.

§ 108A-70.15. Employee remedies.

§ 108A-70.16. Uniformity of interpretation.

§ 108A-70.17. Reserved for future codification purposes.

§ 108A-70.19. (Contingently repealed - see note) Short title; purpose; no entitlement.

§ 108A-70.20. (Contingently repealed - see note) Program established.

§ 108A-70.20A: Repealed by Session Laws 2015-96, s.

§ 108A-70.21. (Contingently repealed - see note) Program eligibility; benefits; enrollment fee and other cost-sharing; coverage from private plans.

§ 108A-70.22: Repealed by Session Laws 2008-107, s.

§ 108A-70.23: Repealed by Session Laws 2011-145, s.

§ 108A-70.24: Repealed by Session Laws 2008-107, s.

§ 108A-70.25. (Contingently repealed - see note) State Plan for Health Insurance Program for Children.

§ 108A-70.26. (Contingently repealed - see note) Application process; outreach efforts; appeals.

§ 108A-70.27. (Contingently repealed - see note) Data collection; reporting.

§ 108A-70.28. (Contingently repealed - see note) Fraudulent misrepresentation.

§ 108A-70.29. (Contingently repealed - see note) Program review process.

§ 108A-70.31: Reserved for future codification purposes.

§ 108A-70.32: Reserved for future codification purposes.

§ 108A-70.33: Reserved for future codification purposes.

§ 108A-70.34: Reserved for future codification purposes.

§ 108A-70.35: Reserved for future codification purposes.

§ 108A-70.37. Timely decision standards.

§ 108A-70.38. Timely processing standards.

§ 108A-70.39. Average processing time standards.

§ 108A-70.40. Percentage processed timely standards.

§ 108A-70.41. Corrective action.

§ 108A-70.42. Temporary assumption of Medicaid eligibility administration.

§ 108A-70.43. Reporting.

§ 108A-70.46. Audit of county Medicaid determinations.

§ 108A-70.47. Medicaid eligibility determination processing accuracy standards.

§ 108A-70.48. Quality assurance.

§ 108A-70.49. Corrective action.

§ 108A-70.50. Temporary assumption of Medicaid eligibility administration.

§ 108A-70.51. Reporting.

§ 108A-72. Social services checks payable to decedents.

§ 108A-73. Services appeals and confidentiality of records.

§ 108A-74.

§ 108A-75. Report of oversight of social services programs.

§ 108A-77.2. Entity; eligibility.

§ 108A-77.3. Sharing of information.

§ 108A-77.4. Access to Children's Advocacy Center records.

§ 108A-77.5. Child medical evaluation requirement.

§ 108A-77.6. Limited immunity from civil liability.

§ 108A-80. Confidentiality of records.

§§ 108A-81 through 108A-85.

§ 108A-87. Allocation of nonfederal shares.

§ 108A-88. Determination of State and county financial participation.

§ 108A-89. State Public Assistance Contingency Loan Program.

§ 108A-90. Counties to levy taxes.

§108A-91. Appropriations not to revert.

§ 108A-92: Repealed by Session Laws 1997-443, s.

§ 108A-93. Withholding of State moneys from counties failing to pay public assistance costs.

§§ 108A-94 through 108A-98.

§ 108A-100. Legislative intent and purpose.

§ 108A-101. Definitions.

§ 108A-102. Duty to report; content of report; immunity.

§ 108A-103. Duty of director upon receiving report.

§ 108A-104. Provision of protective services with the consent of the person; withdrawal of consent; caretaker refusal.

§ 108A-105. Provision of protective services to disabled adults who lack the capacity to consent; hearing, findings, etc.

§ 108A-106.

§ 108A-106.1. Immediate need for petition for emergency services when clerk's office is closed.

§ 108A-106.2. Ex parte emergency orders by authorized magistrate.

§ 108A-107. Motion in the cause.

§ 108A-108. Payment for essential services.

§ 108A-109. Reporting abuse.

§ 108A-110. Funding of protective services.

§ 108A-111. Adoption of standards.

§ 108A-113. Definitions.

§ 108A-114.

§ 108A-115. Duty to report suspected fraud; content of report; immunity for reporting.

§ 108A-116. Production of customers' financial records in cases of suspected financial exploitation; immunity; records may not be used against account owner.

§ 108A-117. Notice to customer; delayed notice.

§ 108A-118.1. Definitions.

§ 108A-118.2. Case Review Multidisciplinary Team; creation and composition.

§ 108A-118.3. Case Review Multidisciplinary Team; powers and duties.

§ 108A-118.4. Case Review Multidisciplinary Team; duties of the director of the local department of social services.

§ 108A-118.5. Case Review Multidisciplinary Team; DHHS responsibility for training team members.

§ 108A-118.6. Case Review Multidisciplinary Team; information sharing.

§ 108A-118.7. Case Review Multidisciplinary Team; confidentiality of records and information; rules.

§ 108A-118.8. Systemic Review Multidisciplinary Team allowed but not covered by this Article.

§ 108A-119: Reserved for future codification purposes.

§ 108A-121: Repealed by Session Laws 2020-88, s.

§ 108A-122: Repealed by Session Laws 2020-88, s.

§ 108A-123: Repealed by Session Laws 2020-88, s.

§ 108A-124: Repealed by Session Laws 2020-88, s.

§ 108A-125: Repealed by Session Laws 2020-88, s.

§ 108A-126: Repealed by Session Laws 2020-88, s.

§ 108A-127: Repealed by Session Laws 2020-88, s.

§ 108A-128: Repealed by Session Laws 2020-88, s.

§ 108A-129: Reserved for future codification purposes.

§ 108A-131: Repealed by Session Laws 2021-61, s.

§ 108A-132: Repealed by Session Laws 2021-61, s.

§ 108A-133: Repealed by Session Laws 2021-61, s.

§ 108A-134: Repealed by Session Laws 2021-61, s.

§ 108A-135: Repealed by Session Laws 2021-61, s.

§ 108A-136: Repealed by Session Laws 2021-61, s.

§ 108A-137: Reserved for future codification purposes.

§ 108A-138: Reserved for future codification purposes.

§ 108A-139: Reserved for future codification purposes.

§ 108A-140: Repealed by Session Laws 2021-61, s.

§ 108A-141: Repealed by Session Laws 2021-61, s.

§ 108A-142: Repealed by Session Laws 2021-61, s.

§ 108A-143: Repealed by Session Laws 2021-61, s.

§ 108A-144: Repealed by Session Laws 2021-61, s.

§ 108A-145.3. Definitions.

§ 108A-145.5. Due dates and collections.

§ 108A-145.7. Assessment appeals.

§ 108A-145.9. Allowable costs; patient billing.

§ 108A-145.11. Rulemaking authority.

§ 108A-145.13. Repeal.

§ 108A-146.3. Private hospital modernized assessment.

§ 108A-146.4. Freestanding psychiatric hospital modernized assessment.

§ 108A-146.5. Aggregate acute care hospital modernized assessment collection amount.

§ 108A-146.7. Managed care component.

§ 108A-146.9. Fee-for-service component.

§ 108A-146.10. Modernized acute care hospital HASP component.

§ 108A-146.10A. Modernized freestanding psychiatric hospital HASP component.

§ 108A-146.11. Graduate medical education component.

§ 108A-146.12. Postpartum coverage component.

§ 108A-146.12A. Home and community-based services component.

§ 108A-146.13. Modernized presumptive IGT adjustment component.

§ 108A-146.14. Modernized IGT actual receipts adjustment component.

§ 108A-146.15. Use of funds.

§ 108A-146.17. Changes of hospital status.

§ 108A-147: Reserved for future codification purposes.

§ 108A-147.2. Private hospital health advancement assessment.

§ 108A-147.2A. Freestanding psychiatric hospital health advancement assessment.

§ 108A-147.3. Aggregate acute care hospital health advancement assessment collection amount.

§ 108A-147.4.

§ 108A-147.5. Presumptive service cost component.

§ 108A-147.6. Health advancement acute care hospital HASP component.

§ 108A-147.6A. Health advancement freestanding psychiatric hospital HASP component.

§ 108A-147.7. Administration component.

§ 108A-147.8. State retention component.

§ 108A-147.9. Health advancement presumptive IGT adjustment component.

§ 108A-147.10. Health advancement IGT actual receipts adjustment component.

§ 108A-147.11. Health advancement reconciliation adjustment component.

§ 108A-147.12. Gross premiums tax offset amount.

§ 108A-147.13. Use of funds.

§ 108A-148: Reserved for future codification purposes.

§ 108A-149: Reserved for future codification purposes.