Chapter 108A Social Services
Article 1 - County Administration.
- § 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 policies...
- § 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 increase...
- § 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 board; the...
- § 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 consecutive...
- § 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 thereafter;...
- § 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 the...
- § 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 the...
- § 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 of...
- § 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 the...
- § 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 board...
- § 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 in...
- § 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 the...
- § 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 in...
- § 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 services...
- § 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 35A,...
- § 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 G.S....
- § 108A-15.2 through 108A-15.6 Reserved for future codification purposes
- § 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 a...
- § 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 as...
- § 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 board...
- § 108A-19 through 108A-23 Reserved for future codification purposes
Article 2 - Programs of Public Assistance.
- § 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 Laws...
- § 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 Health...
- § 108A-25.1 Repealed by Session Laws 2001-424, s. 21.52
- § 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 and...
- § 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 denominated as...
- § 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 determining...
- § 108A-27 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 with...
- § 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 State...
- § 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 of...
- § 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 and...
- § 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 State...
- § 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 the...
- § 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 county...
- § 108A-27.7 Standard Program County Plan
(a) Each Standard Program County shall submit to the Department for approval a biennial County Plan that describes the Work First Diversion Assistance and Work...
- § 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, the...
- § 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 the...
- § 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 State...
- § 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 AFDC‑EA)...
- § 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 maintenance...
- § 108A-27.13 Performance standards
(a) The Department, in consultation with the county department of social services and county board of commissioners, shall establish acceptable levels of performance for Standard...
- § 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 the...
- § 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 shall...
- § 108A-27.16 Repealed by Session Laws 1999-237, s. 6(h)
- § 108A-28, 108A-28.1 Repealed by Session Laws 1997-443, s. 12.14
- § 108A-29 First Stop Employment Assistance; priority for employment services
(a) There is established in the Employment Security Commission a program to be called First Stop Employment Assistance. The Chair of the Employment Security Commission...
- § 108A-29.1 Substance abuse treatment required; drug testing for Work First Program recipients
(a) Each applicant or current recipient of Work First Program benefits, determined by a Qualified Substance Abuse Professional (QSAP) or by a physician certified by...
- § 108A-30 Repealed by Session Laws 1997-443, s. 12.14
- § 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 social...
- § 108A-32 through 108A-35 Repealed by Session Laws 1997-443, s. 12.14
- § 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 payable...
- § 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 the...
- § 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 payments...
- § 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 false...
- § 108A-39.1 Repealed by Session Laws 1997-443, s. 12.14
- § 108A-39.2 Repealed by Session Laws 1989 (Reg. Sess., 1990), c. 966, s. 3
- § 108A-40 Authorization of State-County Special Assistance for Adults Program
The Department is authorized to establish and supervise a State‑County Special Assistance for Adults Program. This program is to be administered by county departments of...
- § 108A-41 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 the...
- § 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 in...
- § 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 social...
- § 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 made...
- § 108A-45 Participation
The State‑County Special Assistance for Adults Program established by this Part shall be administered by all the county departments of social services under rules and...
- § 108A-46 Repealed by Session Laws 2003-284, s. 10.53(a), effective July 1, 2003
- § 108A-46.1 Transfer of assets for purposes of qualifying for State-county Special Assistance for adults
Notwithstanding any other provision of law to the contrary, Supplemental Security Income (SSI) policy applicable to transfer of assets and estate recovery, as prescribed by...
- § 108A-47 Limitations on payments
No payment of assistance under this Part shall be made for the care of any person in an adult care home that is owned or...
- § 108A-47.1 Special Assistance in-home payments
The Department of Health and Human Services may use funds from the existing State‑County Special Assistance for Adults budget to provide Special Assistance payments to...
- § 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 assistance...
- § 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 dependent...
- § 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 from...
- § 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 foster...
- § 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 of...
- § 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 the...
- § 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 any...
- § 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 devices...
- § 108A-54 (For effective date, see Editor's note) Authorization of Medical Assistance Program
The Department is authorized to establish a Medicaid Program in accordance with Title XIX of the federal Social Security Act. The Department may adopt rules...
- § 108A-54.1 (Effective July 1, 2008) Medicaid buy-in for workers with disabilities
(a) Title. This act may be cited as the Health Coverage for Workers With Disabilities Act. The Department shall implement a Medicaid buy‑in eligibility category...
- § 108A-54.2 Procedures for changing medical policy
The Department shall develop, amend, and adopt medical coverage policy in accordance with the following: (1) During the development of new medical coverage policy or...
- § 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 care...
- § 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 Social...
- § 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 to...
- § 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 Carolina...
- § 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 Department...
- § 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 provisions...
- § 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, or the county providing medical assistance benefits,...
- § 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. The...
- § 108A-58 Repealed by Session Laws 2006-66, s. 10.5(a), effective July 1, 2006
- § 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 for Medicaid...
- § 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, the...
- § 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 State...
- § 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 of...
- § 108A-61 Repealed by Session Laws 1989, c. 701
- § 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, 42...
- § 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 without...
- § 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 any...
- § 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 false...
- § 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 such...
- § 108A-66 Repealed by Session Laws 1989, c. 702
- § 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 the...
- § 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 Health...
- § 108A-68.1 (Expires July 1, 2009) 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 is...
- § 108A-69 Employer obligations
(a) As used in this section and in G.S. 108A‑70: (1) (Effective until July 1, 2008) "Health benefit plan" means an accident and health insurance...
- § 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 refunds...
- § 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 Act...
- § 108A-70.6 Repealed by Session Laws 2007-442, s. 1(b), effective August 23, 2007
- § 108A-70.7 Repealed by Session Laws 2007-442, s. 1(b), effective August 23, 2007
- § 108A-70.8 Repealed by Session Laws 2007-442, s. 1(b), effective August 23, 2007
- § 108A-70.9 Repealed by Session Laws 2007-442, s. 1(b), effective August 23, 2007
- § 108A-70.10 Short title
This Part may be cited as the Medical Assistance Provider False Claims Act. (1997‑338, s. 1.)
- § 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" means an...
- § 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 present, or...
- § 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 connection...
- § 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 document...
- § 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 shall...
- § 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 any...
- § 108A-70.17 Reserved for future codification purposes
- § 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 Title...
- § 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 health...
- § 108A-70.20 Program established
The Health Insurance Program for Children is established. The Program shall be administered by the Department of Health and Human Services in accordance with this...
- § 108A-70.21 (Effective until July 1, 2008) 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 Program: (1)...
- § 108A-70.22 Allocation of federal and State funds for Program; consultation with Joint Legislative Health Care Oversight Committee
The Department of Health and Human Services, after having consulted with and received advice from the Joint Legislative Health Care Oversight Committee established under G.S....
- § 108A-70.23 Services for children with special needs established; definition; eligibility; services; limitation; recommendations; no entitlement
(a) [Special Needs Services Authorized. ] The Department shall, from federal funds received and State funds appropriated for the Program, pay for services for children...
- § 108A-70.24 (Effective until July 1, 2008) Claims processing; payments
(a) The State Health Plan for Teachers and State Employees shall be responsible for the administration and processing of claims for benefits under the Program,...
- § 108A-70.25 State Plan for Health Insurance Program for Children
The Department shall develop and submit a State Plan to implement "The Health Insurance Program for Children" authorized under this Part to the federal government...
- § 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 complete, and...
- § 108A-70.27 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 the...
- § 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 false...
- § 108A-70.30 Weatherization Assistance Program and Heating/Air Repair and Replacement Program
The Department may administer the Weatherization Assistance Program for Low‑Income Families and the Heating/Air Repair and Replacement Program functions. Nothing in this Part shall be...
Article 3 - Social Services Programs.
Article 4 - Public Assistance and Social Services Appeals and Access to Records.
- § 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 of...
- § 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 acquiesce...
- § 108A-81 through 108A-85 Reserved for future codification purposes
Article 5 - Financing of Programs of Public Assistance and Social Services.
Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act.
- § 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. 797;...
- § 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 to...
- § 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 of...
- § 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 director....
- § 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 determine...
- § 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 of...
- § 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, then...
- § 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 reasonable...
- § 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 designated...
- § 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 determined,...
- § 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. 797;...
- § 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 for...
- § 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 of...
