reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 3 - Social Services Programs. › § 108A-75 - Report of oversight of social services programs.

§ 108A-75. Report of oversight of social services programs.
(a) The Department shall report to the Joint Legislative Oversight Committee on Health and Human Services (Committee) by August 1 of every year regarding oversight of the local administration of social services programs other than medical assistance.
(b) The reports shall include, at a minimum:
(1) A copy of the template for the written agreement required by G.S. 108A-74(a1).
(2) An evaluation of the implementation of the requirement for a written agreement.
(3) A summary of any oversight action taken by the Department pursuant to the agreement or G.S. 108A-74, including a list of any federal or State funds that were withheld as a result of the State's oversight.
(c) Beginning August 1, 2021, the reports required in this section shall also include:
(1) A summary [of] the circumstances involved with the issuance of any corrective action plans or temporary assumption of local program administration by the State pursuant to G.S. 108A-74.
(2) Recommendations for legislative changes related to the authority of the State to supervise local social services administration pursuant to G.S. 108A-74 and related laws. (2017-41, s. 3.3.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 3A - (Effective July 1, 2024) Child Advocacy Centers. › § 108A-77.3 - (Effective July 1, 2024) Sharing of information.

§ 108A-77.3. (Effective July 1, 2024) Sharing of information.
(a) A department may share information that is relevant to the protection of a child with the multidisciplinary team, subject to State and federal law and rules.
(b) Other members of the multidisciplinary team may share information that is relevant to the protection of a child with the multidisciplinary team, subject to State and federal statutes and rules. The Chief District Court Judge of the judicial district in which the multidisciplinary team sits may enter an administrative order designating certain local agencies, located within that jurisdiction, that are authorized to share information concerning a case of suspected child maltreatment in which a department is not involved. Agencies so designated shall share with one another, upon request and to the extent permitted by federal law and regulations, information that is in their possession that is relevant to the protection of a child in any case of child maltreatment being discussed by the multidisciplinary team, for so long as the child's case is being investigated by law enforcement or the child is receiving services at the Children's Advocacy Center. Any information shared among designated agencies pursuant to this section shall remain confidential, except where disclosure is required by law, shall be withheld from public inspection and shall be used only to the extent necessary for that agency to perform its required duties. Nothing herein shall be deemed to require the disclosure or release of any information in the possession of a district attorney.
(c) Any information shared among multidisciplinary team members pursuant to this section shall be shared in accordance with federal law or regulation, remain confidential, and shall not be redisclosed, except to the extent necessary for the protection of a child.
(d) Notwithstanding any potential liability for violation of federal law or regulation, a multidisciplinary team member who participates in good faith in team discussions with a multidisciplinary team by providing information about a child whose case is being reviewed by a multidisciplinary team shall be immune from any civil or criminal liability for disclosure of information, unless the disclosure of information was due to gross negligence, wanton conduct, or intentional wrongdoing. (2023-96, s. 1(a).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 3A - (Effective July 1, 2024) Child Advocacy Centers. › § 108A-77.5 - (Effective July 1, 2024) Child medical evaluation requirement.

§ 108A-77.5. (Effective July 1, 2024) Child medical evaluation requirement.
A department may utilize a Children's Advocacy Center for the provision of a child medical evaluation, but the provisions of this Article shall not bind a department to utilizing a Children's Advocacy Center for the provision of services related to a child medical evaluation. (2023-96, s. 1(a).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 3A - (Effective July 1, 2024) Child Advocacy Centers. › § 108A-77.6 - (Effective July 1, 2024) Limited immunity from civil liability.

§ 108A-77.6. (Effective July 1, 2024) Limited immunity from civil liability.
A board member, staff member, or volunteer of a Children's Advocacy Center or Children's Advocacy Centers of North Carolina, Inc., shall be immune from civil liability arising from performance of acts within the scope of the person's duties or participation in a judicial proceeding if the person acts in good faith. Immunity under this section shall not extend to acts of gross negligence, wanton conduct, or intentional wrongdoing. (2023-96, s. 1(a).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 5 - Financing of Programs of Public Assistance and Social Services. › § 108A-86 - Financial transactions between the State and counties.

§ 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 and social services under Article 2 and Article 3. (1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 5 - Financing of Programs of Public Assistance and Social Services. › § 108A-87 - Allocation of nonfederal shares.

§ 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 the State and counties as determined by the General Assembly and in a manner consistent with federal laws and regulations.
(b) The nonfederal share of the annual cost of public assistance and social services programs and related administrative costs provided to Indians living on federal reservations held in trust by the United States on their behalf shall be borne entirely by the State.
(c) Notwithstanding subsections (a) and (b) of this section, when the Eastern Band of Cherokee Indians assumes responsibility for a program described under G.S. 108A-25(e), the following shall occur:
(1) Nonfederal matching funds and State funds for State programs designated to Jackson and Swain counties to serve the Eastern Band of Cherokee Indians for programs previously borne by the State shall be allocated directly to the Eastern Band of Cherokee Indians rather than to those counties and shall not exceed the amount expended by the State for fiscal year 2014-2015 for programs or services assumed by the Eastern Band of Cherokee Indians, as applicable, plus the growth rate equal to the growth in State-funded nonfederal share for all counties. Any fund sources from which the tribe receives funds directly from federal agencies are excluded from the requirements of this subdivision.
(2) Any portion of nonfederal matching funds borne by counties for public assistance and social services programs and related administrative costs shall be borne by the Eastern Band of Cherokee Indians.
(3) Nothing in this section shall be construed to prevent the Eastern Band of Cherokee Indians from providing further nonfederal matching funds to maximize their receipt of federal funds. (1965, c. 708; 1969, c. 546, s. 1; 1973, c. 476, s. 138; 1981, c. 275, s. 1; 2014-100, s. 12C.3(d); 2015-241, s. 12C.10(b).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 5 - Financing of Programs of Public Assistance and Social Services. › § 108A-88 - Determination of State and county financial participation.

§ 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 the director of public health of each county of the amount of State and federal moneys estimated to be available, as best can be determined, to that county for programs of public assistance, social services, public health, and related administrative costs, as well as the percentage of county participation expected to be required for the budget for the succeeding fiscal year. In odd-numbered years, in making such notification, the Secretary shall notify the counties of any changes in funding levels, formulas, or programs relating to public assistance and public health proposed by the Governor to the General Assembly in the proposed budget and budget report submitted under the State Budget Act. Counties shall be notified of additional changes in the proposed budget of the Governor that are made by the General Assembly or the United States Congress subsequent to the February 15 estimates.(1937, c. 288, ss. 9, 21, 39, 51; 1943, c. 505, s. 8; 1969, c.546, s. 1; 1973, c. 476, s. 138; c. 1418, s. 1; 1977, c. 1089,s. 1; 1977, 2nd Sess., c. 1219, s. 21; 1979, 2nd Sess., c. 1198; 1981, c. 275, s. 1; 2001-424, s. 21.16; 2006-203, s. 26.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 5 - Financing of Programs of Public Assistance and Social Services. › § 108A-89 - State Public Assistance Contingency Loan Program.

§ 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 program shall be to make loans available to counties whose actual expenditures, excluding related administrative costs, exceed the estimates for public assistance programs only provided by the Department under G.S. 108A-88.
(b) Loans shall be made to the counties at any time during the fiscal year by the Department, when satisfied of the county's need for such loan under this Article.
(c) A loan provided under this section shall be used by a county only to pay the county share of public assistance costs that exceeds the estimate provided by the Department under G.S. 108A-88 in order to sustain an adequate program of public assistance in that county.
(d) Any amount borrowed by a county from the "State Public Assistance Contingency Fund" during one fiscal year shall be repaid to said fund within the next two fiscal years. (1973, c. 1418, s. 2; 1977, c. 1089, s. 2; 1977, 2nd Sess., c. 1219, s. 22; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 5 - Financing of Programs of Public Assistance and Social Services. › § 108A-90 - Counties to levy taxes.

§ 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 and regulations of the Social Services Commission or the Department, the board of commissioners of each county shall levy and collect the taxes required to meet the county's share of such expenses.
(b) The board of county commissioners may combine any or all of the separate special taxes for each program of public assistance and for the related administrative costs of such programs in place of levying separate special taxes for each item. This consolidated tax shall be sufficient, when combined with other funds available for use for public assistance expenses from any other source of county income and revenue (including borrowing in anticipation of collection of taxes), to meet the financial requirements of public assistance programs, and the related administrative costs of each program. The appropriations and expenditures for each of the several programs and for related administrative costs shall be separately stated and accounted for. (1937, c. 288, ss. 9, 39; 1969, c. 546, s. 1; 1971, c. 780, s. 35; 1973, c. 476, s. 138; c. 1418, s. 4; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 5 - Financing of Programs of Public Assistance and Social Services. › § 108A-91 - Appropriations not to revert.

§108A-91. Appropriations not to revert.
County appropriations for public assistance expenses or related administrative costs shall not lapse or revert, and the unexpended balances may be considered in making further public assistance or administrative appropriations. At any time during the fiscal year, any county may transfer county funds from one public assistance program to another and between programs of public assistance and administration if such action appears to be both necessary and feasible, provided the county secures the approval of the Secretary or his representative. (1953, c. 891; 1967, c. 554; 1969, c. 546, s. 1; 1973, c. 476, s. 138; c. 1418, s. 5; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 5 - Financing of Programs of Public Assistance and Social Services. › § 108A-93 - Withholding of State moneys from counties failing to pay public assistance costs.

§ 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 and has not obtained a loan for repayment under G.S. 108A-89, any State moneys appropriated from the General Fund for public assistance and related administrative costs, or may direct the Secretary of Revenue and State Controller to withhold any tax owed to a county under G.S. 105-113.82, Subchapter VIII of Chapter 105 of the General Statutes, or Chapter 1096 of the Session Laws of 1967. The Director of the Budget shall notify the chair of the board of county commissioners of the proposed action prior to the withholding of funds. (1981, c. 859, s. 16; 1985, c. 114, s. 13; 1995, c. 41, s. 9.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-99 - Short title.

§ 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; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-100 - Legislative intent and purpose.

§ 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 provide protective services for such persons. (1973, c. 1378, s. 1; 1975, c. 797; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-102 - Duty to report; content of report; immunity.

§ 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.
(b) The report may be made orally or in writing. The report shall include the name and address of the disabled adult; the name and address of the disabled adult's caretaker; the age of the disabled adult; the nature and extent of the disabled adult's injury or condition resulting from abuse or neglect; and other pertinent information.
(c) Anyone who makes a report pursuant to this statute, who testifies in any judicial proceeding arising from the report, or who participates in a required evaluation shall be immune from any civil or criminal liability on account of such report or testimony or participation, unless such person acted in bad faith or with a malicious purpose. (1973, c. 1378, s. 1; 1975, c. 797; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-103 - Duty of director upon receiving report.

§ 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 whether the disabled adult is in need of protective services and what services are needed. The evaluation shall include a visit to the person and consultation with others having knowledge of the facts of the particular case. When necessary for a complete evaluation of the report, the director shall have the authority to review and copy any and all records, or any part of such records, related to the care and treatment of the disabled adult that have been maintained by any individual, facility or agency acting as a caretaker for the disabled adult. This shall include but not be limited to records maintained by facilities licensed by the North Carolina Department of Health and Human Services. Use of information so obtained shall be subject to and governed by the provisions of G.S. 108A-80 and Article 3 of Chapter 122C of the General Statutes. The director shall have the authority to conduct an interview with the disabled adult with no other persons present. After completing the evaluation the director shall make a written report of the case indicating whether he believes protective services are needed and shall notify the individual making the report of his determination as to whether the disabled adult needs protective services.
(b) The staff and physicians of local health departments, area mental health, developmental disabilities, and substance abuse authorities, and other public or private agencies shall cooperate fully with the director in the performance of his duties. These duties include immediate accessible evaluations and in-home evaluations where the director deems this necessary.
(c) The director may contract with an agency or private physician for the purpose of providing immediate accessible medical evaluations in the location that the director deems most appropriate.
(d) The director shall initiate the evaluation described in subsection (a) of this section as follows:
(1) Immediately upon receipt of the complaint if the complaint alleges a danger of death in an emergency as defined in G.S. 108A-101(g).
(2) Within 24 hours if the complaint alleges danger of irreparable harm in an emergency as defined by G.S. 108A-101(g).
(3) Within 72 hours if the complaint does not allege danger of death or irreparable harm in an emergency as defined by G.S. 108A-101(g).
(4) Repealed by Session Laws 2000, c. 131, s. 1.
The evaluation shall be completed within 30 days for allegations of abuse or neglect and within 45 days for allegations of exploitation. (1973, c. 1378, s. 1; 1975, c. 797; 1981, c. 275, s. 1; 1985, c. 589, s. 35; c. 658, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 6; 1991, c. 636, s. 19(c); 1997-443, s. 11A.118(a); 1999-334, s. 1.10; 2000-131, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-104 - Provision of protective services with the consent of the person; withdrawal of consent; caretaker refusal.

§ 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 protective services, provided that the disabled adult consents.
(b) When a caretaker of a disabled adult who consents to the receipt of protective services refuses to allow the provision of such services to the disabled adult, the director may petition the district court for an order enjoining the caretaker from interfering with the provision of protective services to the disabled adult. The petition must allege specific facts sufficient to show that the disabled adult is in need of protective services and consents to the receipt of protective services and that the caretaker refuses to allow the provision of such services. If the judge finds by clear, cogent, and convincing evidence that the disabled adult is in need of protective services and consents to the receipt of protective services and that the caretaker refuses to allow the provision of such services, he may issue an order enjoining the caretaker from interfering with the provision of protective services to the disabled adult.
(c) If a disabled adult does not consent to the receipt of protective services, or if he withdraws his consent, the services shall not be provided. (1973, c. 1378, s. 1; 1975, c. 797; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-105 - Provision of protective services to disabled adults who lack the capacity to consent; hearing, findings, etc.

§ 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 the director may petition the district court for an order authorizing the provision of protective services. The petition must allege specific facts sufficient to show that the disabled adult is in need of protective services and lacks capacity to consent to them.
(b) The court shall set the case for hearing within 14 days after the filing of the petition. The disabled adult must receive at least five days' notice of the hearing. He has the right to be present and represented by counsel at the hearing. If the person, in the determination of the judge, lacks the capacity to waive the right to counsel, then a guardian ad litem shall be appointed pursuant to G.S. 1A-1, Rule 17, and rules adopted by the Office of Indigent Defense Services. If the person is indigent, the cost of representation shall be borne by the State.
(c) If, at the hearing, the judge finds by clear, cogent, and convincing evidence that the disabled adult is in need of protective services and lacks capacity to consent to protective services, he may issue an order authorizing the provision of protective services. This order may include the designation of an individual or organization to be responsible for the performing or obtaining of essential services on behalf of the disabled adult or otherwise consenting to protective services in his behalf. Within 60 days from the appointment of such an individual or organization, the court will conduct a review to determine if a petition should be initiated in accordance with Chapter 35A; for good cause shown, the court may extend the 60 day period for an additional 60 days, at the end of which it shall conduct a review to determine if a petition should be initiated in accordance with Chapter 35A. No disabled adult may be committed to a mental health facility under this Article.
(d) A determination by the court that a person lacks the capacity to consent to protective services under the provisions of this Chapter shall in no way affect incompetency proceedings as set forth in Chapters 33, 35 or 122 of the General Statutes of North Carolina, or any other proceedings, and incompetency proceedings as set forth in Chapters 33, 35, or 122 shall have no conclusive effect upon the question of capacity to consent to protective services as set forth in this Chapter. (1973, c. 1378, s. 1; 1975, c. 797; 1977, c. 725, s. 3, 1979, c. 1044, s. 5; 1981, c. 275, s. 1; 1985, c. 658, s. 2; 1987, c. 550, s. 25; 2000-144, s. 36.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-107 - Motion in the cause.

§ 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 to be responsible for the disabled adult shall have the right to bring a motion in the cause for review of any order issued pursuant to this Article. (1973, c. 1378, s. 1; 1975, c. 797; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-108 - Payment for essential services.

§ 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, according to regulations set by the Social Services Commission, whether the individual is financially capable of paying for the essential services. If he is, he shall make reimbursement for the costs of providing the needed essential services. If it is determined that he is not financially capable of paying for such essential services, they shall be provided at no cost to the recipient of the services. (1975, c. 797; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-109 - Reporting abuse.

§ 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; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-110 - Funding of protective services.

§ 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 the development and improvement of a system of protective services, including additional staff, may be matched by State and federal funds. Such funds shall be utilized by the county department of social services for the benefit of disabled adults in need of protective services. (1975, c. 797; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act. › § 108A-111 - Adoption of standards.

§ 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 the provisions of this Article. (1975, c. 797; 1981, c. 275, s. 1.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6A - Protection of Disabled and Older Adults From Financial Exploitation. › § 108A-112 - Legislative intent and purpose.

§ 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 Article to facilitate the collection of records needed to investigate and prosecute such incidents. (2013-337, s. 4.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6A - Protection of Disabled and Older Adults From Financial Exploitation. › § 108A-113 - Definitions.

§ 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 with a financial institution.
(2) Disabled adult. – An individual 18 years of age or older or a lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated as defined in G.S. 108A-101(d).
(3) Financial exploitation. – The illegal or improper use of a disabled adult's or older adult's financial resources for another's profit or pecuniary advantage.
(4) Financial institution. – A banking corporation, trust company, savings and loan association, credit union, or other entity principally engaged in lending money or receiving or soliciting money on deposit.
(5) Financial record. – An original of, a copy of, or information derived from a record held by a financial institution pertaining to a customer's relationship with the financial institution and identified with or identifiable with the customer.
(6) Investigating entity. – A law enforcement agency investigating alleged financial exploitation of a disabled adult or an older adult, or a county department of social services investigating alleged financial exploitation of a disabled adult.
(7) Law enforcement agency. – Any duly accredited State or local government agency possessing authority to enforce the criminal statutes of North Carolina.
(8) Older adult. – An individual 65 years of age or older.
(9) Promptly. – As soon as practicable, with reasonable allowance to be made for the time required to retrieve older data or records that are not readily or immediately retrievable due to their current storage media. (2013-337, s. 4.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6A - Protection of Disabled and Older Adults From Financial Exploitation. › § 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.

§ 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, a list of persons that the disabled adult or older adult customer would like the financial institution to contact in case of suspected financial exploitation of the disabled adult or older adult customer. No financial institution, or officer or employee thereof, who acts in good faith in offering to its customer the opportunity to submit and update a list of such contact persons may be held liable in any action for doing so. (2013-337, s. 4.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 6A - Protection of Disabled and Older Adults From Financial Exploitation. › § 108A-115 - Duty to report suspected fraud; content of report; immunity for reporting.

§ 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 or target of financial exploitation shall report such information to the following:
(1) Persons on the list provided by the customer under G.S. 108A-114, if such a list has been provided by the customer. The financial institution may choose not to contact persons on the provided list if the financial institution suspects that those persons are financially exploiting the disabled adult or older adult.
(2) The appropriate local law enforcement agency.
(3) The appropriate county department of social services, if the customer is a disabled adult.
(b) The report may be made orally or in writing. The report shall include the name and address of the disabled adult or older adult, the nature of the suspected financial exploitation, and any other pertinent information.
(c) No financial institution, or officer or employee thereof, who acts in good faith in making a report under this section may be held liable in any action for doing so. (2013-337, s. 4.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-145.1 - Short title and purpose.

§ 108A-145.1. Short title and purpose.
This Article shall be known as the "Hospital Assessment Act." This Article does not authorize a political subdivision of the State to license a hospital for revenue or impose a tax or assessment on a hospital. (2021-61, s. 2.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-145.5 - Due dates and collections.

§ 108A-145.5. Due dates and collections.
(a) Assessments under this Article are calculated, imposed, and due quarterly in the time and manner prescribed by the Secretary and shall be considered delinquent if not paid within seven calendar days of this due date.
(b) With respect to any hospital owing a past-due assessment amount under this Article, the Department may withhold the unpaid amount from Medicaid payments otherwise due or impose a late payment penalty. The Secretary may waive a penalty for good cause shown.
(c) In the event the data necessary to calculate an assessment under this Article is not available to the Secretary in time to impose the quarterly assessment, the Secretary may defer the due date for the assessment to a subsequent quarter. (2021-61, s. 2; 2022-74, s. 9D.15(z).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-145.7 - Assessment appeals.

§ 108A-145.7. Assessment appeals.
A hospital may appeal a determination of the assessment amount owed through a reconsideration review. The pendency of an appeal does not relieve a hospital from its obligation to pay an assessment amount when due. (2021-61, s. 2.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-145.9 - Allowable costs; patient billing.

§ 108A-145.9. Allowable costs; patient billing.
(a) Assessments paid under this Article may be included as allowable costs of a hospital for purposes of any applicable Medicaid reimbursement formula, except that assessments paid under this Article shall be excluded from cost settlement.
(b) Assessments imposed under this Article may not be added as a surtax or assessment on a patient's bill. (2021-61, s. 2.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-145.13 - Repeal.

§ 108A-145.13. Repeal.
If CMS determines that an assessment under this Article is impermissible or revokes approval of an assessment under this Article, then that assessment shall not be imposed and the Department's authority to collect the assessment is repealed. (2021-61, s. 2.)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-146.1 - Public hospital modernized assessment.

§ 108A-146.1. Public hospital modernized assessment.
(a) The public hospital modernized assessment imposed under this Part shall apply to all public acute care hospitals.
(b) The public hospital modernized assessment shall be assessed as a percentage of each public acute care hospital's hospital costs. The assessment percentage shall be calculated quarterly by the Department of Health and Human Services in accordance with this Part. The percentage for each quarter shall equal the aggregate modernized assessment collection amount under G.S. 108A-146.5 multiplied by the public hospital historical assessment share and divided by the total hospital costs for all public acute care hospitals holding a license on the first day of the assessment quarter. (2021-61, s. 2; 2023-7, s. 1.7(a).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-146.3 - Private hospital modernized assessment.

§ 108A-146.3. Private hospital modernized assessment.
(a) The private hospital modernized assessment imposed under this Part shall apply to all private acute care hospitals.
(b) The private hospital modernized assessment shall be assessed as a percentage of each private acute care hospital's hospital costs. The assessment percentage shall be calculated quarterly by the Department of Health and Human Services in accordance with this Part. The percentage for each quarter shall equal the aggregate modernized assessment collection amount under G.S. 108A-146.5 multiplied by the private hospital historical assessment share and divided by the total hospital costs for all private acute care hospitals holding a license on the first day of the assessment quarter. (2021-61, s. 2; 2023-7, s. 1.7(b).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-146.5 - Aggregate modernized assessment collection amount.

§ 108A-146.5. Aggregate modernized assessment collection amount.
(a) The aggregate modernized assessment collection amount is an amount of money that is calculated by subtracting the modernized intergovernmental transfer adjustment component under G.S. 108A-146.13 from the total modernized nonfederal receipts under subsection (b) of this section and then adding the positive or negative amount of the modernized IGT actual receipts adjustment component under G.S. 108A-146.14.
(b) The total modernized nonfederal receipts is the sum of all of the following:
(1) One-fourth of the State's annual Medicaid payment.
(2) The managed care component under G.S. 108A-146.7.
(3) The fee-for-service component under G.S. 108A-146.9.
(3a) The modernized HASP component under G.S. 108A-146.10.
(4) The GME component under G.S. 108A-146.11.
(5) Beginning April 1, 2022, and ending March 31, 2027, the postpartum coverage component under G.S. 108A-146.12.
(6) Beginning April 1, 2024, the home and community-based services component under G.S. 108A-146.12A. (2021-61, s. 2; 2021-180, s. 9D.13A(b); 2023-7, s. 1.7(c).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-146.7 - Managed care component.

§ 108A-146.7. Managed care component.
(a) The managed care component is an amount of money that is a portion of the total paid capitation for all rating groups not associated with newly eligible individuals in all capitated contracted plan types for the previous data collection period. The managed care component is calculated by adding the aggregate inpatient subcomponents for all the rating groups calculated under subsection (b) of this section and the aggregate outpatient subcomponents for all the rating groups calculated under subsection (c) of this section.
(b) The inpatient subcomponent is an amount calculated for each rating group not associated with newly eligible individuals by multiplying the paid capitation for the applicable rating group in the previous data collection period by the percentage that is calculated by (i) multiplying the inpatient portion of the statewide capitation rate for the applicable rating group by the inpatient hospital financing percentage, (ii) multiplying that product by the nonfederal share for not newly eligible individuals, and (iii) dividing that product by the statewide capitation rate for the applicable rating group.
(c) The outpatient subcomponent is an amount calculated for each rating group not associated with newly eligible individuals by multiplying the paid capitation for the applicable rating group in the previous data collection period by the percentage that is calculated by (i) multiplying the outpatient portion of the statewide capitation rate for the applicable rating group by the outpatient hospital financing percentage, (ii) multiplying that product by the nonfederal share for not newly eligible individuals, and (iii) dividing that product by the statewide capitation rate for the applicable rating group.
(d) Repealed by Session Laws 2023-7, s. 1.7(d), effective April 1, 2023, and applicable to assessments imposed on or after that date. (2021-61, s. 2; 2023-7, s. 1.7(d).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-146.9 - Fee-for-service component.

§ 108A-146.9. Fee-for-service component.
(a) The fee-for-service component is an amount of money that is a portion of all the Medicaid fee-for-service payments made to acute care hospitals during the previous data collection period for claims with a date of service on or after July 1, 2021, excluding claims attributable to newly eligible individuals. The fee-for-service component is calculated by adding the subcomponent pertaining to claims for which there is no third-party coverage under subsection (b) of this section and the subcomponent pertaining to claims for which there is third-party coverage under subsection (c) of this section.
(b) The subcomponent pertaining to claims for which there is no third-party coverage is the sum of the inpatient amount and the outpatient amount described in this subsection:
(1) The inpatient amount is the product of the total fee-for-service payments for claims not attributable to newly eligible individuals for which there is no third-party coverage made to all acute care hospitals for inpatient hospital services multiplied by the inpatient hospital financing percentage and multiplied by the nonfederal share for not newly eligible individuals.
(2) The outpatient amount is the product of the total fee-for-service payments for claims not attributable to newly eligible individuals for which there is no third-party coverage made to all acute care hospitals for outpatient hospital services multiplied by the outpatient hospital financing percentage and multiplied by the nonfederal share for not newly eligible individuals.
(c) The subcomponent pertaining to claims for which there is third-party coverage is the product of the total fee-for-service payments for claims not attributable to newly eligible individuals for which there is third-party coverage made for inpatient hospital services and outpatient hospital services to (i) public acute care hospitals, (ii) private acute care hospitals, and (iii) critical access hospitals multiplied by the nonfederal share for not newly eligible individuals.
(d) Repealed by Session Laws 2023-7, s. 1.7(e), effective April 1, 2023, and applicable to assessments imposed on or after that date. (2021-61, s. 2; 2023-7, s. 1.7(e).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-146.10 - Modernized HASP component.

§ 108A-146.10. Modernized HASP component.
The modernized HASP component is an amount of money that is calculated each quarter by multiplying the aggregate amount of HASP directed payments due to PHPs in the current quarter for hospital reimbursements that are not attributable to newly eligible individuals by the nonfederal share for not newly eligible individuals. (2023-7, s. 1.7(f).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-146.11 - Graduate medical education component.

§ 108A-146.11. Graduate medical education component.
The graduate medical education component is an amount of money that is one-fourth (1/4) of the total amount of payments that will be made by the Department during the current State fiscal year to all public acute care hospitals and private acute care hospitals in accordance with the Medicaid graduate medical education methodology in the Medicaid State Plan multiplied by the nonfederal share for not newly eligible individuals. (2021-61, s. 2; 2023-7, s. 1.7(g).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-146.12 - Postpartum coverage component.

§ 108A-146.12. Postpartum coverage component.
(a) The postpartum coverage component is twelve million five hundred thousand dollars ($12,500,000) for each quarter of the 2021-2022 State fiscal year.
(b) For each quarter of the 2022-2023 State fiscal year prior to the State fiscal quarter in which G.S. 108A-54.3A(24) becomes effective, the postpartum coverage component is eleven million four thousand four hundred twenty-four dollars ($11,004,424). For any quarter of the 2022-2023 State fiscal year in which G.S. 108A-54.3A(24) becomes or is effective, the postpartum coverage component is four million five hundred thousand dollars ($4,500,000).
(c) For each quarter of the 2023-2024 State fiscal year prior to the State fiscal quarter in which G.S. 108A-54.3A(24) becomes effective, the postpartum coverage component is eleven million four thousand four hundred twenty-four dollars ($11,004,424) increased by the Medicare Economic Index. For any quarter of the 2023-2024 State fiscal year in which G.S. 108A-54.3A(24) becomes or is effective, the postpartum coverage component is four million five hundred thousand dollars ($4,500,000).
(d) For each quarter of the 2024-2025 State fiscal year, the postpartum coverage component is four million five hundred thousand dollars ($4,500,000) increased by the Medicare Economic Index.
(e) Reserved for future codification purposes.
(f) Reserved for future codification purposes.
(g) Reserved for future codification purposes.
(h) Reserved for future codification purposes.
(i) For each State fiscal year after the 2025-2026 fiscal year, the postpartum coverage component shall be increased over the prior year's quarterly amount by the Medicare Economic Index. (2021-180, s. 9D.13A(c); 2022-74, s. 9D.10(a); 2023-7, s. 1.7(k).)
2023 North Carolina General Statutes › Chapter 108A - Social Services › Article 7B - Hospital Assessment Act. › § 108A-146.12A - Home and community-based services component.

§ 108A-146.12A. Home and community-based services component.
The home and community-based services component is thirty-five million five hundred thousand dollars ($35,500,000) for each quarter of the 2023-2024 State fiscal year. For each subsequent State fiscal year, the home and community-based services component shall be increased over the prior year's quarterly amount by the Medicare Economic Index. (2021-180, s 9D.13A(c); 2022-74, s. 9D.14(b).)