Chapter 108A

255 published sections.

Article 1 - County Administration

N.C.G.S. § 108A-1 — Creation.
N.C.G.S. § 108A-2 — Size.
N.C.G.S. § 108A-3 — Method of appointment; residential qualifications; fee or compensation for services; consolidated human services board appointments.
N.C.G.S. § 108A-4 — Term of appointment.
N.C.G.S. § 108A-5 — Order of appointment.
N.C.G.S. § 108A-6 — Vacancies.
N.C.G.S. § 108A-7 — Meetings.
N.C.G.S. § 108A-8 — Compensation of members.
N.C.G.S. § 108A-9 — Duties and responsibilities.
N.C.G.S. § 108A-10 — Fees.
N.C.G.S. § 108A-11 — Inspection of records by members.
N.C.G.S. § 108A-12 — Appointment.
N.C.G.S. § 108A-13 — Salary.
N.C.G.S. § 108A-14 — Duties and responsibilities.
N.C.G.S. § 108A-15 — Social services officials and employees as public guardians.
N.C.G.S. § 108A-15.1 — Consolidated human services board; human services director.
N.C.G.S. § 108A-15.7 — Creation of regional social services departments.
N.C.G.S. § 108A-15.8 — Regional board of social services.
N.C.G.S. § 108A-15.9 — Dissolution of a regional social services department.
N.C.G.S. § 108A-15.10 — Regional social services director.
N.C.G.S. § 108A-15.20 — Citizen review panels.
N.C.G.S. § 108A-16 — Appointment.
N.C.G.S. § 108A-17 — Compensation.
N.C.G.S. § 108A-18 — Duties and responsibilities.

Article 2 - Programs of Public Assistance

N.C.G.S. § 108A-24 — Definitions.
N.C.G.S. § 108A-25 — Creation of programs; assumption by federally recognized tribe of programs.
N.C.G.S. § 108A-25.1A — Responsibility for errors.
N.C.G.S. § 108A-25.2 — Exemption from limitations for individuals convicted of certain drug-related felonies.
N.C.G.S. § 108A-25.3 — Garnishment of wages to recoup fraudulent public assistance program payment.
N.C.G.S. § 108A-25.4 — Use of payments under the Low-Income Energy Assistance Program and Crisis Intervention Program.
N.C.G.S. § 108A-26 — Certain financial assistance and in-kind goods not considered in determining assistance paid under Chapters 108A and 111.
N.C.G.S. § 108A-26.1 — Information sharing of outstanding arrest warrant of applicant for or recipient of program assistance.
N.C.G.S. § 108A-26.2 — Fleeing felon or parole or probation violator; eligibility for program assistance; federal approval; review by department.
N.C.G.S. § 108A-26.5 — NC FAST caseworker training and certification program.
N.C.G.S. § 108A-27 — (See editor's note) Authorization and description of Work First Program; Work First Program changes; designation of Electing and Standard Program Counties.
N.C.G.S. § 108A-27.01 — Income eligibility and payment level for Work First Family Assistance.
N.C.G.S. § 108A-27.1 — Time limitations on assistance.
N.C.G.S. § 108A-27.2 — General duties of the Department.
N.C.G.S. § 108A-27.3 — Electing Counties – Duties of county boards of commissioners.
N.C.G.S. § 108A-27.4 — Electing Counties – County Plan.
N.C.G.S. § 108A-27.5 — Electing Counties - Duties of the Department.
N.C.G.S. § 108A-27.6 — Standard Program Counties - Duties of county departments of social services and county boards of commissioners.
N.C.G.S. § 108A-27.7 — Standard Program County Plan.
N.C.G.S. § 108A-27.8 — Standard Program Counties – Duties of Department.
N.C.G.S. § 108A-27.9 — State Plan.
N.C.G.S. § 108A-27.10 — Duties of the Director of the Budget/Governor.
N.C.G.S. § 108A-27.11 — Work First Program funding.
N.C.G.S. § 108A-27.12 — Maintenance of effort.
N.C.G.S. § 108A-27.13 — Performance standards.
N.C.G.S. § 108A-27.14 — Corrective action.
N.C.G.S. § 108A-27.15 — Assistance not an entitlement; appeals.
N.C.G.S. § 108A-29 — Priority for employment services.
N.C.G.S. § 108A-29.1 — Drug screening and testing for Work First Program applicants and recipients.
N.C.G.S. § 108A-31 — Application for assistance.
N.C.G.S. § 108A-36 — Assistance not assignable; checks payable to decedents.
N.C.G.S. § 108A-37 — Personal representative for mismanaged public assistance.
N.C.G.S. § 108A-38 — Protective and vendor payments.
N.C.G.S. § 108A-39 — Fraudulent misrepresentation.
N.C.G.S. § 108A-40 — Authorization of State-County Special Assistance Program.
N.C.G.S. § 108A-41 — Eligibility.
N.C.G.S. § 108A-42 — Determination of disability.
N.C.G.S. § 108A-42.1 — State-County Special Assistance Program payment rates.
N.C.G.S. § 108A-43 — Application procedure.
N.C.G.S. § 108A-44 — State funds to counties.
N.C.G.S. § 108A-45 — Participation.
N.C.G.S. § 108A-46.1 — Transfer of assets for purposes of qualifying for State-county Special Assistance.
N.C.G.S. § 108A-47 — Limitations on payments.
N.C.G.S. § 108A-48 — State Foster Care Benefits Program.
N.C.G.S. § 108A-49 — Foster care and adoption assistance payments.
N.C.G.S. § 108A-49.1 — Foster care and adoption assistance payment rates.
N.C.G.S. § 108A-50 — State benefits for certain adoptive children.
N.C.G.S. § 108A-50.1 — Special Needs Adoptions Incentive Fund.
N.C.G.S. § 108A-50.2 — Adoption Promotion Fund.
N.C.G.S. § 108A-50.3 — §§ 108A-50.3 through 108A-50.9. (Reserved)
N.C.G.S. § 108A-50.10 — Kinship guardianship assistance program (KinGAP).
N.C.G.S. § 108A-50.11 — Guardianship assistance program.
N.C.G.S. § 108A-50.12 — Guardianship assistance agreement.
N.C.G.S. § 108A-50.13 — Reimbursement for guardians.
N.C.G.S. § 108A-51 — Authorization for Food and Nutrition Services.
N.C.G.S. § 108A-51.1 — Prohibition on certain waivers.
N.C.G.S. § 108A-52 — Determination of eligibility.
N.C.G.S. § 108A-52.1 — Limitations on self-attestation; counting income of certain ineligible individuals.
N.C.G.S. § 108A-53 — Fraudulent misrepresentation.
N.C.G.S. § 108A-53.1 — Illegal possession or use of electronic food and nutrition benefits.
N.C.G.S. § 108A-54 — Authorization of Medical Assistance Program; administration.
N.C.G.S. § 108A-54.1A — Amendments to Medicaid State Plan and Medicaid Waivers.
N.C.G.S. § 108A-54.1B — Adoption of rules; State Plans, including amendments and waivers to State Plans, have effect of rules.
N.C.G.S. § 108A-54.2 — Procedures for changing medical policy.
N.C.G.S. § 108A-54.3A — (Effective until October 1, 2026) Eligibility categories and income thresholds.
N.C.G.S. § 108A-54.3B — Nonfederal share of NC Health Works costs.
N.C.G.S. § 108A-54.3C — NC Health Works federal financial participation.
N.C.G.S. § 108A-54.4 — Income disregard for federal cost-of-living adjustments.
N.C.G.S. § 108A-54.5 — Maintenance of waivers for dependents of members of Armed Forces.
N.C.G.S. § 108A-55 — Payments.
N.C.G.S. § 108A-55.1 — Medicare enrollment required.
N.C.G.S. § 108A-55.2 — Collaboration among agencies to ensure Medicaid-related services payments to eligible students with disabilities in public schools.
N.C.G.S. § 108A-55.3 — Verification of State residency required for medical assistance.
N.C.G.S. § 108A-55.4 — Requirements related to insurers and the Department of Health and Human Services.
N.C.G.S. § 108A-55.5 — (Effective until October 1, 2026) Eligibility monitoring for medical assistance.
N.C.G.S. § 108A-55.6 — (Effective October 1, 2026) Verification of Medicaid eligibility; limitations.
N.C.G.S. § 108A-55.7 — (Effective January 1, 2027) Community engagement requirements.
N.C.G.S. § 108A-55.8 — (Effective October 1, 2026) Household members.
N.C.G.S. § 108A-56 — Acceptance of federal grants.
N.C.G.S. § 108A-57 — Subrogation rights; withholding of information a misdemeanor.
N.C.G.S. § 108A-57.1 — Rules governing transfer of medical assistance benefits between counties.
N.C.G.S. § 108A-58.1 — Ineligibility for medical assistance based on transferring assets for less than fair market value.
N.C.G.S. § 108A-58.2 — Waiver of transfer of assets penalty due to undue hardship.
N.C.G.S. § 108A-58.3 — (Effective July 1, 2027) Cost-sharing.
N.C.G.S. § 108A-59 — Acceptance of medical assistance constitutes assignment to the State of right to third party benefits; recovery procedure.
N.C.G.S. § 108A-60 — Protection of patient property.
N.C.G.S. § 108A-61.1 — Financial responsibility of a parent for a child under age 21 in a medical institution.
N.C.G.S. § 108A-62 — Therapeutic leave for medical assistance patients.
N.C.G.S. § 108A-63 — Medical assistance provider fraud.
N.C.G.S. § 108A-63.1 — Health care fraud subpoena to produce documents.
N.C.G.S. § 108A-64 — Medical assistance recipient fraud.
N.C.G.S. § 108A-64.1 — Incentives to counties to recover fraudulent Medicaid expenditures.
N.C.G.S. § 108A-64.2 — Annual fraud, waste, and abuse reporting.
N.C.G.S. § 108A-65 — Conflict of interest.
N.C.G.S. § 108A-66.1 — Medicaid buy-in for workers with disabilities.
N.C.G.S. § 108A-67 — Medicare/Qualified Disabled Working Individuals.
N.C.G.S. § 108A-68 — Drug Use Review Program; rules.
N.C.G.S. § 108A-68.1 — Certain prescription drugs exempt from prior authorization requirements.
N.C.G.S. § 108A-68.1A — Medicaid preferred drug program.
N.C.G.S. § 108A-68.1B — Coverage of medication to treat severe mental illness.
N.C.G.S. § 108A-68.2 — Beneficiary lock-in program for certain controlled substances.
N.C.G.S. § 108A-69 — Employer obligations.
N.C.G.S. § 108A-70 — Recoupment of amounts spent on medical care.
N.C.G.S. § 108A-70.4 — Long-Term Care Partnership Program.
N.C.G.S. § 108A-70.5 — Medicaid Estate Recovery Plan.
N.C.G.S. § 108A-70.9A — Definitions; Medicaid recipient appeals.
N.C.G.S. § 108A-70.9B — Contested Medicaid cases.
N.C.G.S. § 108A-70.9C — Informal review permitted.
N.C.G.S. § 108A-70.10 — Short title.
N.C.G.S. § 108A-70.11 — Definitions.
N.C.G.S. § 108A-70.12 — Liability for certain acts; damages; effect of repayment.
N.C.G.S. § 108A-70.13 — False claims procedure.
N.C.G.S. § 108A-70.14 — Civil investigative demand.
N.C.G.S. § 108A-70.15 — Employee remedies.
N.C.G.S. § 108A-70.16 — Uniformity of interpretation.
N.C.G.S. § 108A-70.18 — (Contingently repealed – see note) Definitions.
N.C.G.S. § 108A-70.19 — (Contingently repealed – see note) Short title; purpose; no entitlement.
N.C.G.S. § 108A-70.20 — (Contingently repealed – see note) Program established.
N.C.G.S. § 108A-70.21 — (Contingently repealed – see note) Program eligibility; benefits; enrollment fee and other cost-sharing; coverage from private plans.
N.C.G.S. § 108A-70.25 — (Contingently repealed – see note) State Plan for Health Insurance Program for Children.
N.C.G.S. § 108A-70.26 — (Contingently repealed – see note) Application process; outreach efforts; appeals.
N.C.G.S. § 108A-70.27 — (Contingently repealed – see note) Data collection; reporting.
N.C.G.S. § 108A-70.28 — (Contingently repealed – see note) Fraudulent misrepresentation.
N.C.G.S. § 108A-70.29 — (Contingently repealed – see note) Program review process.
N.C.G.S. § 108A-70.36 — Applicability.
N.C.G.S. § 108A-70.37 — Timely decision standards.
N.C.G.S. § 108A-70.38 — Timely processing standards.
N.C.G.S. § 108A-70.39 — Average processing time standards.
N.C.G.S. § 108A-70.40 — Percentage processed timely standards.
N.C.G.S. § 108A-70.41 — Corrective action.
N.C.G.S. § 108A-70.42 — Temporary assumption of Medicaid eligibility administration.
N.C.G.S. § 108A-70.43 — Reporting.
N.C.G.S. § 108A-70.45 — Applicability.
N.C.G.S. § 108A-70.46 — Audit of county Medicaid determinations.
N.C.G.S. § 108A-70.47 — Medicaid eligibility determination processing accuracy standards.
N.C.G.S. § 108A-70.48 — Quality assurance.
N.C.G.S. § 108A-70.49 — Corrective action.
N.C.G.S. § 108A-70.50 — Temporary assumption of Medicaid eligibility administration.
N.C.G.S. § 108A-70.51 — Reporting.

Article 3 - Social Services Programs

N.C.G.S. § 108A-71 — Authorization of social services programs.
N.C.G.S. § 108A-72 — Social services checks payable to decedents.
N.C.G.S. § 108A-73 — Services appeals and confidentiality of records.
N.C.G.S. § 108A-74 — Counties and regional social services departments required to enter into annual written agreement for all social services programs other than medical assistance; local department failure to comply with the written agreement or applicable law; corrective action; State intervention in or control of service delivery.
N.C.G.S. § 108A-75 — Report of oversight of social services programs.

Article 3A - Child Advocacy Centers

N.C.G.S. § 108A-77.1 — Definitions.
N.C.G.S. § 108A-77.2 — Entity; eligibility.
N.C.G.S. § 108A-77.3 — Sharing of information.
N.C.G.S. § 108A-77.4 — Access to Children's Advocacy Center records.
N.C.G.S. § 108A-77.5 — Child medical evaluation requirement.
N.C.G.S. § 108A-77.6 — Limited immunity from civil liability.

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

N.C.G.S. § 108A-79 — Appeals.
N.C.G.S. § 108A-80 — (Effective until October 1, 2026) Confidentiality of records.

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

N.C.G.S. § 108A-86 — Financial transactions between the State and counties.
N.C.G.S. § 108A-87 — Allocation of nonfederal shares.
N.C.G.S. § 108A-88 — Determination of State and county financial participation.
N.C.G.S. § 108A-89 — State Public Assistance Contingency Loan Program.
N.C.G.S. § 108A-90 — Counties to levy taxes.
N.C.G.S. § 108A-91 — Appropriations not to revert.
N.C.G.S. § 108A-93 — Withholding of State moneys from counties failing to pay public assistance costs.

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

N.C.G.S. § 108A-99 — Short title.
N.C.G.S. § 108A-100 — Legislative intent and purpose.
N.C.G.S. § 108A-101 — Definitions.
N.C.G.S. § 108A-102 — Duty to report; content of report; immunity.
N.C.G.S. § 108A-103 — Duty of director upon receiving report.
N.C.G.S. § 108A-104 — Provision of protective services with the consent of the person; withdrawal of consent; caretaker refusal.
N.C.G.S. § 108A-105 — Provision of protective services to disabled adults who lack the capacity to consent; hearing, findings, etc.
N.C.G.S. § 108A-106 — Emergency intervention; findings by court; limitations; contents of petition; notice of petition; court authorized entry of premises; immunity of petitioner.
N.C.G.S. § 108A-106.1 — Immediate need for petition for emergency services when clerk's office is closed.
N.C.G.S. § 108A-106.2 — Ex parte emergency orders by authorized magistrate.
N.C.G.S. § 108A-107 — Motion in the cause.
N.C.G.S. § 108A-108 — Payment for essential services.
N.C.G.S. § 108A-109 — Reporting abuse.
N.C.G.S. § 108A-110 — Funding of protective services.
N.C.G.S. § 108A-111 — Adoption of standards.

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

N.C.G.S. § 108A-112 — Legislative intent and purpose.
N.C.G.S. § 108A-113 — Definitions.
N.C.G.S. § 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.
N.C.G.S. § 108A-115 — Duty to report suspected fraud; content of report; immunity for reporting.
N.C.G.S. § 108A-116 — Production of customers' financial records in cases of suspected financial exploitation; immunity; records may not be used against account owner.
N.C.G.S. § 108A-117 — Notice to customer; delayed notice.

Article 6B - Local Adult Protection Multidisciplinary Teams

N.C.G.S. § 108A-118 — Declaration of public policy; purpose.
N.C.G.S. § 108A-118.1 — Definitions.
N.C.G.S. § 108A-118.2 — Case Review Multidisciplinary Team; creation and composition.
N.C.G.S. § 108A-118.3 — Case Review Multidisciplinary Team; powers and duties.
N.C.G.S. § 108A-118.4 — Case Review Multidisciplinary Team; duties of the director of the local department of social services.
N.C.G.S. § 108A-118.5 — Case Review Multidisciplinary Team; DHHS responsibility for training team members.
N.C.G.S. § 108A-118.6 — Case Review Multidisciplinary Team; information sharing.
N.C.G.S. § 108A-118.7 — Case Review Multidisciplinary Team; confidentiality of records and information; rules.
N.C.G.S. § 108A-118.8 — Systemic Review Multidisciplinary Team allowed but not covered by this Article.

Article 7B - Hospital Assessment Act

N.C.G.S. § 108A-145.1 — Short title and purpose.
N.C.G.S. § 108A-145.3 — Definitions.
N.C.G.S. § 108A-145.5 — Due dates and collections.
N.C.G.S. § 108A-145.7 — Assessment appeals.
N.C.G.S. § 108A-145.9 — Allowable costs; patient billing.
N.C.G.S. § 108A-145.11 — Rulemaking authority.
N.C.G.S. § 108A-145.13 — Repeal.
N.C.G.S. § 108A-146.1 — (Effective until July 1, 2026) Public hospital modernized assessment.
N.C.G.S. § 108A-146.1A — (Effective July 1, 2026) Public hospital modernized presumptive IGT offset amount.
N.C.G.S. § 108A-146.3 — Private hospital modernized assessment.
N.C.G.S. § 108A-146.4 — Freestanding psychiatric hospital modernized assessment.
N.C.G.S. § 108A-146.5 — (Effective until July 1, 2026) Aggregate acute care hospital modernized assessment collection amount.
N.C.G.S. § 108A-146.7 — Managed care component.
N.C.G.S. § 108A-146.9 — Fee-for-service component.
N.C.G.S. § 108A-146.10 — Modernized acute care hospital HASP component.
N.C.G.S. § 108A-146.10A — Modernized freestanding psychiatric hospital HASP component.
N.C.G.S. § 108A-146.11 — Graduate medical education component.
N.C.G.S. § 108A-146.12 — Postpartum coverage component.
N.C.G.S. § 108A-146.12A — Home and community-based services component.
N.C.G.S. § 108A-146.13 — Modernized presumptive IGT adjustment component.
N.C.G.S. § 108A-146.14 — (Effective until July 1, 2026) Modernized IGT actual receipts adjustment component.
N.C.G.S. § 108A-146.15 — Use of funds.
N.C.G.S. § 108A-146.17 — Changes of hospital status.
N.C.G.S. § 108A-147.1 — (Effective until July 1, 2026) Public hospital health advancement assessment.
N.C.G.S. § 108A-147.1A — (Effective July 1, 2026) Public hospital health advancement presumptive IGT offset amount.
N.C.G.S. § 108A-147.2 — Private hospital health advancement assessment.
N.C.G.S. § 108A-147.2A — Freestanding psychiatric hospital health advancement assessment.
N.C.G.S. § 108A-147.3 — (Effective until July 1, 2026) Aggregate acute care hospital health advancement assessment collection amount.
N.C.G.S. § 108A-147.4 — (Reserved)
N.C.G.S. § 108A-147.5 — Presumptive service cost component.
N.C.G.S. § 108A-147.6 — Health advancement acute care hospital HASP component.
N.C.G.S. § 108A-147.6A — Health advancement freestanding psychiatric hospital HASP component.
N.C.G.S. § 108A-147.7 — (Effective until July 1, 2026) Administration component.
N.C.G.S. § 108A-147.7A — (Effective until contingency met) Supplemental administration component.
N.C.G.S. § 108A-147.8 — State retention component.
N.C.G.S. § 108A-147.9 — (Effective until July 1, 2026) Health advancement presumptive IGT adjustment component.
N.C.G.S. § 108A-147.10 — (Effective until July 1, 2026) Health advancement IGT actual receipts adjustment component.
N.C.G.S. § 108A-147.11 — (Effective until July 1, 2026) Health advancement reconciliation adjustment component.
N.C.G.S. § 108A-147.12 — Gross premiums tax offset amount.
N.C.G.S. § 108A-147.13 — (Effective until July 1, 2026) Use of funds.
N.C.G.S. § 108A-148.1 — Healthcare access and stabilization program.

Article 8 - Miscellaneous

N.C.G.S. § 108A-150 — Criminal history record checks required for child care institutions.