reglab/housing_qa huggingface dataset:
NC Gen Stat § 104E-29 (2021)
2021 North Carolina General Statutes|Chapter 104E - North Carolina Radiation Protection Act|§ 104E-29 - Confidential information protected.

 104E-29. Confidential information protected.(a) The following information received or prepared by the Department in the course of carrying out its duties and responsibilities under this Chapter is confidential information and shall not be subject to disclosure under G.S. 132-6:(1) Information which the Secretary determines is entitled to confidential treatment pursuant to G.S. 132-1.2. If the Secretary determines that information received by the Department is not entitled to confidential treatment, the Secretary shall inform the person who provided the information of that determination at the time such determination is made. The Secretary may refuse to accept or may return any information that is claimed to be confidential that the Secretary determines is not entitled to confidential treatment.(2) Information that is confidential under any provision of federal or state law.(3) Information compiled in anticipation of enforcement or criminal proceedings, but only to the extent disclosure could reasonably be expected to interfere with the institution of such proceedings.(b) Confidential information may be disclosed to officers, employees, or authorized representatives of federal or state agencies if such disclosure is necessary to carry out a proper function of the Department or the requesting agency or when relevant in any proceeding under this Chapter.(c) Except as provided in subsection (b) of this section or as otherwise provided by law, any officer or employee of the State who knowingly discloses information designated as confidential under this section shall be guilty of a Class 1 misdemeanor and shall be removed from office or discharged from employment. (1991, c. 745, s. 1; 1993, c. 539, s. 686; 1994, Ex. Sess., c. 24, s. 14(c).)
NC Gen Stat § 105-1 (2021)
2021 North Carolina General Statutes|Chapter 105 - Taxation|§ 105-1 - Title and purpose of Subchapter.

 105-1. Title and purpose of Subchapter.The title of this Subchapter shall be "The Revenue Act." The purpose of this Subchapter shall be to raise and provide revenue for the necessary uses and purposes of the government and State of North Carolina during the next biennium and each biennium thereafter, and the provisions of this Subchapter shall be and remain in full force and effect until changed by law. It is the policy of this State that as many State taxes as possible be structured so that they are deductible for federal income tax purposes under the Internal Revenue Code. (1939, c. 158, ss. A, B; 1941, c. 50, s. 1; 1983 (Reg. Sess., 1984), c. 1097, s. 1.)
NC Gen Stat § 105-1.1 (2021)
2021 North Carolina General Statutes|Chapter 105 - Taxation|§ 105-1.1 - Supremacy of State Constitution.

 105-1.1. Supremacy of State Constitution.The State's power of taxation is vested in the General Assembly. Under Article V, Section 2(1), of the North Carolina Constitution, this power cannot be surrendered, suspended, or contracted away. In the exercise of this power, the General Assembly may amend or repeal any provision of this Subchapter in its discretion. No provision of this Subchapter constitutes a contract that the provision will remain in effect in future years, and any representation made to the contrary is of no effect. (2003-416, s. 12.)
NC Gen Stat § 108C-1 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-1 - Scope; applicability of this Chapter.

 108C-1. Scope; applicability of this Chapter.This Chapter applies to providers enrolled in Medicaid or Health Choice.  (2011-399, s. 1.)
NC Gen Stat § 108C-2 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-2 - Definitions.

 108C-2. Definitions.The following definitions apply in this Chapter:(1) Adverse determination. - A final decision by the Department to deny, terminate, suspend, reduce, or recoup a Medicaid payment or to deny, terminate, or suspend a provider's or applicant's participation in the Medical Assistance Program.(2) Applicant. - An individual, partnership, group, association, corporation, institution, or entity that applies to the Department for enrollment as a provider in the North Carolina Medical Assistance Program or the North Carolina Health Insurance Program for Children.(3) Department. - The North Carolina Department of Health and Human Services, its legally authorized agents, contractors, or vendors who acting within the scope of their authorized activities, assess, authorize, manage, review, audit, monitor, or provide services pursuant to Title XIX or XXI of the Social Security Act, the North Carolina State Plan of Medical Assistance, the North Carolina State Plan of the Health Insurance Program for Children, or any waivers of the federal Medicaid Act granted by the United States Department of Health and Human Services.(4) Division. - The Division of Health Benefits of the Department.(5) Final overpayment, assessment, or fine. - The amount the provider owes after appeal rights have been exhausted, which shall not include any agency decision that is being contested at the Department or the Office of Administrative Hearings or in Superior Court, provided that the Superior Court has entered a stay pursuant to the provisions of G.S. 150B-48.(6) Health Choice. - The Health Insurance Program for Children authorized by G.S. 108A-70.25 and as set forth in the North Carolina State Plan of the Health Insurance Program for Children.(7) Managing employee. - As defined in 42 C.F.R. 455.101.(8) Medicaid. - The Medical Assistance program authorized by G.S. 108A-54 and as set forth in the North Carolina State Plan of Medical Assistance.(9) Owner and/or operator. - As defined in 42 C.F.R. 455.101.(10) Provider. - An individual, partnership, group, association, corporation, institution, or entity required to enroll in the North Carolina Medical Assistance Program or the North Carolina Health Insurance Program for Children to provide services, goods, supplies, or merchandise to a Medicaid or Health Choice recipient.(11) Revalidation. - The reenrollment of a provider in the Medicaid or Health Choice programs as required under federal law.(12) Secretary. - The Secretary of the Department of Health and Human Services.  (2011-399, s. 1; 2018-5, s. 11H.12(b); 2019-81, s. 15(a).)
NC Gen Stat § 108C-2.1 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-2.1 - Provider application and revalidation fee.

 108C-2.1. Provider application and revalidation fee.(a) Each provider that submits an application to enroll in the Medicaid program shall submit an application fee. The application fee shall be the sum of the amount federally required and one hundred dollars ($100.00).(b) The fee required under subsection (a) of this section shall be charged to all providers at revalidation every five years.  (2017-57, s. 11H.3; 2021-62, s. 4.5.)
NC Gen Stat § 108C-5.1 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-5.1 - Post-payment review and recovery audit contracts.

 108C-5.1. Post-payment review and recovery audit contracts.The Department shall not pay contingent fees pursuant to any contract with an entity conducting Medicaid post-payment reviews or Recovery Audit Contractor (RAC) audits before all appeal rights have been exhausted. Any contingent fee for Medicaid post-payment reviews or RAC audits shall be calculated as a percentage of the amount of the final overpayment, as defined in G.S. 108C-2(5). The State share of the contingent fee paid for Medicaid post-payment reviews or RAC audits shall not exceed the State share of the amount actually recovered by the Department and applied to the final overpayment.  (2013-360, s. 12H.16(b).)
NC Gen Stat § 108C-6 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-6 - Agents, clearinghouses, and alternate payees; registration required.

 108C-6. Agents, clearinghouses, and alternate payees; registration required.The Department is authorized to establish a registry of billing agents, clearinghouses, and/or alternate payees that submit claims on behalf of providers and to charge a fee to recover the costs of maintaining the registry in accordance with 42 U.S.C. 1396a(a)(79) and implementing regulations. All billing agents, clearinghouses, or alternate payees shall register with the Department before submitting claims on behalf of providers or within six months of enactment of this Chapter, whichever is later. Any billing agent, clearinghouse, or alternate payee that fails to register with the Department prior to submitting claims on behalf of providers shall be excluded from the registry for a period not to exceed one year.  (2011-399, s. 1.)
NC Gen Stat § 108C-8 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-8 - Threshold recovery amount.

 108C-8. Threshold recovery amount.The Department shall not pursue recovery of Medicaid or Health Choice overpayments owed to the State for any total amount less than one hundred fifty dollars ($150.00) unless directed to do so by the Centers for Medicare and Medicaid Services or unless such recovery would be cost-effective and in the best interest of the State of North Carolina and Medicaid recipients.  (2011-399, s. 1.)
NC Gen Stat § 108C-9 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-9 - Provider enrollment criteria.

 108C-9. Provider enrollment criteria.(a) Applicants who submit an initial application for enrollment in North Carolina Medicaid or North Carolina Health Choice shall be required to submit an attestation and complete trainings prior to being enrolled.(b) The applicant's attestation shall contain a statement that the applicant's organization has met the minimum business requirements necessary to comply with all federal and State requirements governing the Medicaid and Children's Health Insurance programs, does not owe any outstanding taxes or fines to the U.S. or North Carolina Departments of Revenue or Labor or the Division of Employment Security (DES) of the Department of Commerce, does not owe any final overpayment, assessment, or fine to the North Carolina Medicaid or North Carolina Health Choice programs or any other State Medicaid or Children's Health Insurance program, and has implemented a corporate compliance program as required under federal law. The Department shall set forth by rule the minimum business requirements necessary to comply with all federal and State requirements governing the Medicaid and Children's Health Insurance Program.(c) Prior to being initially enrolled in the North Carolina Medicaid or Health Choice programs, an applicant's representative shall attend trainings as designated by the Department in rules, including, but not limited to, the following:(1) The Basic Medicaid Billing Guide, common billing errors, and how to avoid them.(2) Audit procedures, including explanation of the process by which the Department extrapolates audit results.(3) How to identify Medicaid recipient fraud.(4) How to report suspected fraud or abuse.(5) Medicaid recipient due process and appeal rights.Online training shall be available for completion through the Department's Web site. The Department may charge a fee to recover costs of such trainings.(d) Making any materially false or misleading statement in an attestation or enrollment application shall be grounds for denial, termination of, or permanent exclusion from enrollment in the North Carolina Medicaid or North Carolina Health Choice programs.  (2011-399, s. 1; 2011-401, s. 5.1.)
NC Gen Stat § 108C-10 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-10 - Change of ownership and successor liability.

 108C-10. Change of ownership and successor liability.(a) For providers subject to this Chapter, any of the following occurrences shall constitute a change of ownership:(1) In the case of a partnership, the removal, addition, or substitution of a partner, unless the partners expressly agree otherwise, as permitted by Chapter 59 of the General Statutes.(2) In the case of a Limited Liability Company (LLC), the withdrawal or removal of a member, or when a person acquires a membership interest from the LLC or when a business entity converts or merges into the LLC pursuant to Chapter 57A of the General Statutes.(3) In the case of an unincorporated sole proprietorship, the transfer of title and property of the provider that constitute the provider's business of providing services, goods, supplies, or merchandise to a Medicaid or Health Choice recipient to another party.(4) The merger of the provider corporation into another corporation, or the consolidation of two or more corporations, resulting in the creation of a new corporation. Transfer of corporate stock or the merger of another corporation into the provider corporation shall not constitute change of ownership. Merger of related provider corporations shall not constitute a change in ownership.(5) The lease of all or part of a provider's facility that will continue to be utilized for the provision of services, goods, supplies, or merchandise to a Medicaid or Health Choice recipient shall constitute a change of ownership of the leased portion.(b) A provider must notify the Department at least 30 calendar days prior to the effective date of any change of ownership.(c) An assigned Medicaid administrative participation or enrollment agreement shall be subject to all applicable statutes and regulations and to the terms and conditions under which it was originally issued including, but not limited to, both of the following:(1) Any existing plan of correction.(2) Payment of any outstanding final overpayments, assessments, or fines owed to the Department.(d) The Department shall not as a condition of enrollment require a provider to accept an assigned Medicaid administrative participation or enrollment agreement upon a change in ownership.  (2011-399, s. 1.)
NC Gen Stat § 108C-11 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-11 - Cooperation with investigations and audits.

 108C-11. Cooperation with investigations and audits.(a) Providers shall cooperate with all announced and unannounced site visits, audits, investigations, post-payment reviews, or other program integrity activities conducted by the Department. Providers who fail to grant prompt and reasonable access or who fail to timely provide specifically designated documentation to the Department may be terminated from the North Carolina Medicaid or North Carolina Health Choice programs.(b) The Department shall make all attempts to examine documentation without interfering with the clinical activities of the provider while conducting activities on the provider's premises.(c) Nothing in this Chapter shall be construed to limit the ability of the federal government, the Centers for Medicare and Medicaid Services, the U.S. Department of Health and Human Services Office of Inspector General, the U.S. Department of Justice, or any of the foregoing entities' contractors or agents, to enforce federal requirements for the submission of documentation in response to an audit or investigation.  (2011-399, s. 1.)
NC Gen Stat § 108C-12 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-12 - Appeals by Medicaid providers and applicants.

 108C-12. Appeals by Medicaid providers and applicants.(a) General Rule. - Notwithstanding any provision of State law or rules to the contrary, this section shall govern the process used by a Medicaid provider or applicant to appeal an adverse determination made by the Department.(b) Appeals. - Except as provided by this section, a request for a hearing to appeal an adverse determination of the Department under this section is a contested case subject to the provisions of Article 3 of Chapter 150B of the General Statutes.(c) Final Decision. - The Office of Administrative Hearings shall make a final decision within 180 days of the date of filing of the appeal with the Office of Administrative Hearings. The time to make a final decision shall be extended in the event of delays caused or requested by the Department.(d) Burden of Proof. - The petitioner shall have the burden of proof in appeals of Medicaid providers or applicants concerning an adverse determination.  (2011-399, s. 1; 2014-100, s. 12H.27(a).)
NC Gen Stat § 108C-13 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-13 - Certain waivers of Medicaid and Health Choice co-payments prohibited.

 108C-13. Certain waivers of Medicaid and Health Choice co-payments prohibited.(a) No provider that has obtained a permit pursuant to G.S. 90-85.21 or G.S. 90-85-21A shall waive the collection of co-payments owed by recipients of Medicaid and Health Choice, as required by the respective program, with the intent to induce recipients to purchase, lease, or order items or services from the permitted provider. For enforcement purposes, a permitted provider that waives a co-payment owed by a recipient of Medicaid or Health Choice is in violation of this subsection regardless of the monetary amount that is waived by the permitted provider. A permitted provider shall not be in violation of this subsection if the provider waives a co-payment owed by a recipient of Medicaid or Health Choice for any of the following reasons:(1) The waiver is authorized under the Medical Assistance Program or the North Carolina Health Insurance Program for Children.(2) The permitted provider determines on an individual basis that the collection of the co-payment amount would create a substantial financial hardship for the recipient, provided the waiver of co-payments is not a regular business practice of the provider. For the purposes of this subdivision, a provider shall be considered engaged in the regular business practice of waiving co-payments if the permitted provider holds himself or herself out to recipients as waiving required co-payments.(3) The permitted provider has made a good-faith effort to collect the co-payment amount, but the permitted provider's reasonable collection efforts fail.(4) The permitted provider is a health care facility regulated pursuant to Chapter 131E or Chapter 122C of the General Statutes or that is owned or operated by the State of North Carolina.(b) A violation of this section shall result in suspension or termination by the Department of a permitted provider's participation in Medicaid and Health Choice in accordance with administrative sanctions and remedial measures established by the Department for violations of this section.  (2013-145, s. 1.)
NC Gen Stat § 108C-14 (2021)
2021 North Carolina General Statutes|Chapter 108C - Medicaid and Health Choice Provider Requirements|§ 108C-14 - Provider performance bonds.

 108C-14. Provider performance bonds.(a) Subject to the provisions of this section, the Department may require Medicaid-enrolled providers to purchase a performance bond in an amount not to exceed one hundred thousand dollars ($100,000) naming as beneficiary the Department of Health and Human Services, Division of Health Benefits, or provide to the Department a validly executed letter of credit or other financial instrument issued by a financial institution or agency honoring a demand for payment in an equivalent amount. The Department may require the purchase of a performance bond or the submission of an executed letter of credit or financial instrument as a condition of initial enrollment, reenrollment, recredentialing, or reinstatement if any of the following are true:(1) The provider fails to demonstrate financial viability.(2) The Department determines there is significant potential for fraud and abuse.(3) The Department otherwise finds it is in the best interest of the Medicaid program to do so.The Department shall specify the circumstances under which a performance bond or executed letter of credit will be required.  (b) The Department may waive or limit the requirements of subsection (a) of this section for individual Medicaid-enrolled providers or for one or more classes of Medicaid-enrolled providers based on the following:(1) The provider's or provider class's dollar amount of monthly billings to Medicaid.(2) The length of time an individual provider has been licensed, endorsed, certified, or accredited in this State to provide services.(3) The length of time an individual provider has been enrolled to provide Medicaid services in this State.(4) The provider's demonstrated ability to ensure adequate record keeping, staffing, and services.(5) The need to ensure adequate access to care.In waiving or limiting requirements of this section, the Department shall take into consideration the potential fiscal impact of the waiver or limitation on the State Medicaid Program. The Department shall provide to the affected provider written notice of the findings upon which its action is based and shall include the performance bond requirements and the conditions under which a waiver or limitation apply.  (2013-360, s. 12H.17(a); 2019-81, s. 15(a).)
NC Gen Stat § 109-1 through 109-41 (2021)
2021 North Carolina General Statutes|Chapter 109 - Bonds|§ 109-1 through 109-41 - Recodified as Articles 72 to 77 of Chapter 58.

 109-1 through 109-41: Recodified as Articles 72 to 77 of Chapter 58.