Chapter 108A

Every county shall have a governing board for social services, which may be a county board of social services created pursuant to this Part, a consolidated human services board created pursuant to G.S. 153A-77(b), a board of county commissioners that has assumed the powers and du…

The county board of social services is authorized to enter into contracts with any governmental or private agency, or with any person, whereby the board of social services agrees to render services to or for such agency or person in exchange for a fee to cover the cost of renderi…

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.)

(a) The word "abuse" means the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation by a caretaker of services which are necessary to maintain mental and physical health. (b) The word "caretaker" shall mean an individ…

(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 …

(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 …

(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 receip…

(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 peti…

(a) Upon petition by the director, a court may order the provision of emergency services to a disabled adult after finding that there is reasonable cause to believe that: (1) A disabled adult lacks capacity to consent and that he is in need of protective service; (2) An emergency…

(a) When the office of the clerk is closed, a magistrate shall accept for filing a petition for an order authorizing the provision of emergency services to a disabled adult and shall note the date of the filing. (b) The authority of the magistrate under this section is limited to…

(a) The chief district court judge may authorize one or more magistrates to hear ex parte motions for the provision of emergency services to disabled adults and issue a show-cause notice in the order as required by G.S. 108A-106(d). A magistrate may proceed with hearing a motion …

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 issu…

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 esse…

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.)

Every member of the county board of social services may inspect and examine any record on file in the office of the director relating in any manner to applications for and provision of public assistance and social services authorized by this Chapter. No member shall disclose or m…

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, ma…

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.)

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.…

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 Stat…

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 o…

(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 custome…

(a) An investigating entity may, under the conditions specified in this section, petition the district court to issue a subpoena directing a financial institution to provide to the investigating entity the financial records of a disabled adult or older adult customer. The petitio…

(a) Upon the issuance of a subpoena pursuant to G.S. 108A-116, the investigating entity shall immediately provide the customer with written notice of its action by first-class mail to the customer's last known address, unless an order for delayed notice is obtained pursuant to su…

(a) The General Assembly finds that it is the public policy of this State to prevent the abuse, neglect, and exploitation of disabled adults and older adults. The General Assembly further finds that professionals from disparate disciplines have expertise that can promote the safe…

The following definitions apply in this Article: (1) Case Review Multidisciplinary Team. - An adult protection multidisciplinary team that reviews selected active cases in which disabled adults and older adults are being served by adult protective services through a local departm…

(a) Creation. - Each county may establish its own Case Review Multidisciplinary Team or participate in a multicounty Case Review Multidisciplinary Team, as determined in accordance with subsection (b) of this section. (b) Determination of Single County Versus Multicounty Case Rev…

Each Case Review Multidisciplinary Team established pursuant to this Article has the following powers and duties: (1) To review, in accordance with the written operating procedures established by the director of the local department of social services under G.S. 108A-118.4, selec…

(a) In addition to any other duties as a member of the Case Review Multidisciplinary Team, and in connection with the reviews conducted under G.S. 108A-118.3(1), the director of the local department of social services has the following powers and duties: (1) To assure the develop…

The Department of Health and Human Services shall develop and make available for the members of each Case Review Multidisciplinary Team, on an ongoing basis, training materials that address all of the following: (1) An overview of adult protective services law and policy. (2) The…

(a) Except as prohibited by federal law and notwithstanding any other State law to the contrary, any member of a Case Review Multidisciplinary Team may disclose to other members of the Case Review Multidisciplinary Team any information in the member's possession that is relevant …

(a) All information and records acquired or generated by a Case Review Multidisciplinary Team during its existence and in the exercise of its duties are confidential and may be disclosed only as necessary to carry out the purposes of the Case Review Multidisciplinary Team as desc…

Nothing in this Article shall be construed to prohibit a county from establishing both a Case Review Multidisciplinary Team and a Systemic Review Multidisciplinary Team. However, this Article applies only to a single or multicounty Case Review Multidisciplinary Team established p…

(a) The board of social services of every county shall appoint a director of social services in accordance with the merit system rules of the North Carolina Human Resources Commission. Any director dismissed by such board shall have the right of appeal under the same rules. (b) T…

The board of social services of every county, with the approval of the board of county commissioners, shall determine the salary of the director in accordance with the classification plan of the North Carolina Human Resources Commission, and such salary shall be paid by the count…

(a) The director of social services shall have the following duties and responsibilities: (1) To serve as executive officer of the board of social services and act as its secretary; (2) To appoint necessary personnel of the county department of social services in accordance with …

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.)

The Secretary may adopt rules to implement this Article. (2021-61, s. 2.)

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.) Part 2. Modernized Ho…

The following definitions apply in this Article: (1a) Actual nonfederal expenditures. - The nonfederal share for newly eligible individuals multiplied by the amount of the Medicaid assistance payment expenditures attributable to newly eligible individuals, inclusive of any adjust…

(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 assessmen…

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.)

(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 Artic…

(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 sha…

The modernized acute care hospital 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 reimbursements to acute care hospitals that are not attributable to newly e…

The modernized freestanding psychiatric hospital 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 reimbursements to freestanding psychiatric hospitals that are…

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 …

(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(a)(24) becom…

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 t…

(a) Repealed by Session Laws 2023-7, s. 1.7(h), effective April 1, 2023, and applicable to assessments imposed on or after that date. (b) Repealed by Session Laws 2023-7, s. 1.7(h), effective April 1, 2023, and applicable to assessments imposed on or after that date. (c) The mode…

The modernized IGT actual receipts adjustment component is a dollar amount equal to the amount of the modernized presumptive IGT adjustment component under G.S. 108A-146.13(c) for the previous quarter plus the public hospital modernized presumptive IGT offset amount under G.S. 10…