North Carolina General Assembly
NC General Statutes
Chapter 108A - Social Services.
The Statutes on the North Carolina General Assembly website reflect changes made in the
legislative session, through 7/30/2016.
§ 108A-1. Creation.
§ 108A-2. Size.
§ 108A-3. Method of appointment; residential qualifications; fee or compensation for services; consolidated human services board appointments.
§ 108A-4. Term of appointment.
§ 108A-5. Order of appointment.
§ 108A-6. Vacancies.
§ 108A-7. Meetings.
§ 108A-8. Compensation of members.
§ 108A-9. Duties and responsibilities.
§ 108A-10. Fees.
§ 108A-11. Inspection of records by members.
§ 108A-12. Appointment.
§ 108A-13. Salary.
§ 108A-14. Duties and responsibilities.
§ 108A-15. Social services officials and employees as public guardians.
§ 108A-15.1. Consolidated human services board; human services director.
§§ 108A-15.2 through 108A-15.6. Reserved for future codification purposes.
§ 108A-16. Appointment.
§ 108A-17. Compensation.
§ 108A-18. Duties and responsibilities.
§§ 108A-19 through 108A-23. Reserved for future codification purposes.
Programs of Public Assistance.
§ 108A-24. Definitions.
§ 108A-25. Creation of programs; assumption by federally recognized tribe of programs.
§ 108A-25.1: Repealed by Session Laws 2001-424, s. 21.52.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.
§ 108A-25.3. Garnishment of wages to recoup fraudulent public assistance program payment.
§ 108A-25.4. Use of payments under the Low-Income Energy Assistance Program and Crisis Intervention Program.
§ 108A-26. Certain financial assistance and in-kind goods not considered in determining assistance paid under Chapters 108A and 111.
§ 108A-26.1. Information sharing of outstanding arrest warrant of applicant for or recipient of program assistance.
§ 108A-26.2. Fleeing felon or parole or probation violator; eligibility for program assistance; federal approval; review by department.
§ 108A-27. (See editor's note) Authorization and description of Work First Program; Work First Program changes; designation of Electing and Standard Program Counties.
§ 108A-27.01. Income eligibility and payment level for Work First Family Assistance.
§ 108A-27.1. Time limitations on assistance.
§ 108A-27.2. General duties of the Department.
§ 108A-27.3. Electing Counties - Duties of county boards of commissioners.
§ 108A-27.4. Electing Counties - County Plan.
§ 108A-27.5. Electing Counties - Duties of the Department.
§ 108A-27.6. Standard Program Counties - Duties of county departments of social services and county boards of commissioners.
§ 108A-27.7. Standard Program County Plan.
§ 108A-27.8. Standard Program Counties - Duties of Department.
§ 108A-27.9. State Plan.
§ 108A-27.10. Duties of the Director of the Budget/Governor.
§ 108A-27.11. Work First Program funding.
§ 108A-27.12. Maintenance of effort.
§ 108A-27.13. Performance standards.
§ 108A-27.14. Corrective action.
§ 108A-27.15. Assistance not an entitlement; appeals.
§ 108A-27.16. Repealed by Session Laws 1999-237, s. 6(h).
§§ 108A-28, 108A-28.1: Repealed by Session Laws 1997-443, s. 12.14.
§ 108A-29. Priority for employment services.
§ 108A-29.1. Drug screening and testing for Work First Program applicants and recipients.
§ 108A-30: Repealed by Session Laws 1997-443, s. 12.14.
§ 108A-31. Application for assistance.
§§ 108A-32 through 108A-35: Repealed by Session Laws 1997-443, s. 12.14.
§ 108A-36. Assistance not assignable; checks payable to decedents.
§ 108A-37. Personal representative for mismanaged public assistance.
§ 108A-38. Protective and vendor payments.
§ 108A-39. Fraudulent misrepresentation.
§ 108A-39.1: Repealed by Session Laws 1997-443, s. 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 Program.
§ 108A-41. (See Editor's note) Eligibility.
§ 108A-42. Determination of disability.
§ 108A-43. Application procedure.
§ 108A-44. State funds to counties.
§ 108A-45. Participation.
§ 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.
§ 108A-47. Limitations on payments.
§ 108A-47.1. Special Assistance in-home payments.
§ 108A-48. State Foster Care Benefits Program.
§ 108A-49. Foster care and adoption assistance payments.
§ 108A-49.1. (Effective until January 1, 2017) Foster care and adoption assistance payment rates.
§ 108A-50. State benefits for certain adoptive children.
§ 108A-50.1. Special Needs Adoptions Incentive Fund.
§ 108A-50.2. Adoption Promotion Fund.
§ 108A-51. Authorization for Food and Nutrition Services.
§ 108A-51.1. Prohibition on certain waivers.
§ 108A-52. Determination of eligibility.
§ 108A-53. Fraudulent misrepresentation.
§ 108A-53.1. Illegal possession or use of electronic food and nutrition benefits.
§ 108A-54. Authorization of Medical Assistance Program; administration.
§ 108A-54.1: Recodified as G.S. 108A-66.1 by Session Laws 2013-360, s. 12H.10(f), effective July 1, 2013.
§ 108A-54.1A. Amendments to Medicaid State Plan and Medicaid Waivers.
§ 108A-54.1B. Adoption of rules; State Plans, including amendments and waivers to State Plans, have effect of rules.
§ 108A-54.2. Procedures for changing medical policy.
§ 108A-54.3: Repealed by Session Laws 2013-360, s. 12H.6(b), effective July 26, 2013.
§ 108A-54.4. Income disregard for federal cost-of-living adjustments.
§ 108A-54.5. Maintenance of waivers for dependents of members of Armed Forces.
§ 108A-55. Payments.
§ 108A-55.1. Medicare enrollment required.
§ 108A-55.2. Collaboration among agencies to ensure Medicaid-related services payments to eligible students with disabilities in public schools.
§ 108A-55.3. Verification of State residency required for medical assistance.
§ 108A-55.4. Insurers to provide certain information to Department of Health and Human Services.
§ 108A-56. Acceptance of federal grants.
§ 108A-57. Subrogation rights; withholding of information a misdemeanor.
§ 108A-57.1. Rules governing transfer of medical assistance benefits between counties.
§ 108A-58: Repealed by Session Laws 2006-66, s. 10.5(a), effective July 1, 2006.
§ 108A-58.1. Ineligibility for medical assistance based on transferring assets for less than fair market value.
§ 108A-58.2. Waiver of transfer of assets penalty due to undue hardship.
§ 108A-59. Acceptance of medical assistance constitutes assignment to the State of right to third party benefits; recovery procedure.
§ 108A-60. Protection of patient property.
§ 108A-61: Repealed by Session Laws 1989, c. 701.
§ 108A-61.1. Financial responsibility of a parent for a child under age 21 in a medical institution.
§ 108A-62. Therapeutic leave for medical assistance patients.
§ 108A-63. Medical assistance provider fraud.
§ 108A-63.1. Health care fraud subpoena to produce documents.
§ 108A-64. Medical assistance recipient fraud.
§ 108A-64.1. Incentives to counties to recover fraudulent Medicaid expenditures.
§ 108A-65. Conflict of interest.
§ 108A-66: Repealed by Session Laws 1989, c. 702.
§ 108A-66.1. Medicaid buy-in for workers with disabilities.
§ 108A-67. Medicare/Qualified Disabled Working Individuals.
§ 108A-68. Drug Use Review Program; rules.
§ 108A-68.1. Certain prescription drugs exempt from prior authorization requirements.
§ 108A-69. Employer obligations.
§ 108A-70. Recoupment of amounts spent on medical care.
§ 108A-70.4. Long-Term Care Partnership Program.
§ 108A-70.5. Medicaid Estate Recovery Plan.
§ 108A-70.6: Repealed by Session Laws 2007-442, s. 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-70.9A. Appeals by Medicaid recipients.
§ 108A-70.9B. Contested Medicaid cases.
§ 108A-70.9C. Informal review permitted.
§ 108A-70.10. Short title.
§ 108A-70.11. Definitions.
§ 108A-70.12. Liability for certain acts; damages; effect of repayment.
§ 108A-70.13. False claims procedure.
§ 108A-70.14. Civil investigative demand.
§ 108A-70.15. Employee remedies.
§ 108A-70.16. Uniformity of interpretation.
§ 108A-70.17. Reserved for future codification purposes.
§ 108A-70.18. Definitions.
§ 108A-70.19. Short title; purpose; no entitlement.
§ 108A-70.20. Program established.
§ 108A-70.20A: Repealed by Session Laws 2015-96, s. 3, effective June 19, 2015.
§ 108A-70.21. Program eligibility; benefits; enrollment fee and other cost-sharing; coverage from private plans; purchase of extended coverage.
§ 108A-70.22: Repealed by Session Laws 2008-107, s. 10.13(g), effective July 1, 2008.
§ 108A-70.23: Repealed by Session Laws 2011-145, s. 10.41(c), effective July 1, 2011.
§ 108A-70.24: Repealed by Session Laws 2008-107, s. 10.13(i), effective July 1, 2008.
§ 108A-70.25. State Plan for Health Insurance Program for Children.
§ 108A-70.26. Application process; outreach efforts; appeals.
§ 108A-70.27. (See editor's note) Data collection; reporting.
§ 108A-70.28. Fraudulent misrepresentation.
§ 108A-70.29. Program review process.
§ 108A-70.30: Recodified as Part 33 of Article 7 of Chapter 143B, G.S. 143B-344.46, by Session Laws 2013-360, s. 15.22(h), effective July 1, 2013.
§ 108A-70.31: Reserved for future codification purposes.
§ 108A-70.32: Reserved for future codification purposes.
§ 108A-70.33: Reserved for future codification purposes.
§ 108A-70.34: Reserved for future codification purposes.
§ 108A-70.35: Reserved for future codification purposes.
§ 108A-70.36. Applicability.
§ 108A-70.37. Timely decision standards.
§ 108A-70.38. Timely processing standards.
§ 108A-70.39. Average processing time standards.
§ 108A-70.40. Percentage processed timely standards.
§ 108A-70.41. Corrective action.
§ 108A-70.42. Temporary assumption of Medicaid eligibility administration.
Social Services Programs.
§ 108A-71. Authorization of social services programs.
§ 108A-72. Social services checks payable to decedents.
§ 108A-73. Services appeals and confidentiality of records.
§ 108A-74. County department failure to provide services; State intervention in or control of service delivery.
§§ 108A-75 through 108A-78. Reserved for future codification purposes.
Public Assistance and Social Services Appeals and Access to Records.
§ 108A-79. Appeals.
§ 108A-80. Confidentiality of records.
§§ 108A-81 through 108A-85. Reserved for future codification purposes.
Financing of Programs of Public Assistance and Social Services.
§ 108A-86. Financial transactions between the State and counties.
§ 108A-87. Allocation of nonfederal shares.
§ 108A-88. Determination of State and county financial participation.
§ 108A-89. State Public Assistance Contingency Loan Program.
§ 108A-90. Counties to levy taxes.
§108A-91. Appropriations not to revert.
§ 108A-92: Repealed by Session Laws 1997-443, s. 12.14.
§ 108A-93. Withholding of State moneys from counties failing to pay public assistance costs.
§§ 108A-94 through 108A-98. Reserved for future codification purposes.
Protection of the Abused, Neglected or Exploited Disabled Adult Act.
§ 108A-99. Short title.
§ 108A-100. Legislative intent and purpose.
§ 108A-101. Definitions.
§ 108A-102. Duty to report; content of report; immunity.
§ 108A-103. Duty of director upon receiving report.
§ 108A-104. Provision of protective services with the consent of the person; withdrawal of consent; caretaker refusal.
§ 108A-105. Provision of protective services to disabled adults who lack the capacity to consent; hearing, findings, etc.
§ 108A-106. Emergency intervention; findings by court; limitations; contents of petition; notice of petition; court authorized entry of premises; immunity of petitioner.
§ 108A-107. Motion in the cause.
§ 108A-108. Payment for essential services.
§ 108A-109. Reporting abuse.
§ 108A-110. Funding of protective services.
§ 108A-111. Adoption of standards.
Protection of Disabled and Older Adults From Financial Exploitation.
§ 108A-112. Legislative intent and purpose.
§ 108A-113. Definitions.
§ 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-115. Duty to report suspected fraud; content of report; immunity for reporting.
§ 108A-116. Production of customers' financial records in cases of suspected financial exploitation; immunity; records may not be used against account owner.
§ 108A-117. Notice to customer; delayed notice.
§ 108A-118: Reserved for future codification purposes.
§ 108A-119: Reserved for future codification purposes.
Hospital Provider Assessment Act.
§ 108A-120. Short title and purpose.
§ 108A-121. Definitions.
§ 108A-122. Assessment.
§ 108A-123. Assessment amount.
§ 108A-124. Use of assessment proceeds.
§ 108A-125. Deferral of assessment due date.
§ 108A-126. Approval of assessment program.
§ 108A-127. Repeal.
§ 108A-128. Payment for providers formerly subject to this Article.
§ 108A-129: Reserved for future codification purposes.
§ 108A-130: Reserved for future codification purposes.
§ 108A-131: Reserved for future codification purposes.
§ 108A-132: Reserved for future codification purposes.