North Carolina § 108A-70 - 45. Applicability.

§ 108A-70. 45. Applicability.

If a federally recognized Native American tribe within the State has assumed responsibility for the Medicaid program pursuant to G.S. 108A-25(e) , then this Part applies to the tribe in the same manner as it applies to county departments of social services. History (2017-57, s. 11H.22(c).) Editor's Note. - Session Laws 2017-57, s. 11H.22(b), provides: "(b) No later than November 1, 2017, the Department of Health and Human Services (Department) shall report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice on progress made regarding the accuracy of county Medicaid eligibility determinations in response to the State Auditor's January 2017 Performance Audit entitled 'North Carolina Medicaid Program Recipient Eligibility Determination.' The Department's report shall include the following information: "(1) An identification of stakeholders, including the county departments of social services, the Department has engaged to address issues surrounding the accuracy of Medicaid eligibility determinations by county departments of social services. "(2) Opportunities identified by the Department and stakeholders to address accuracy in Medicaid determinations. "(3) Any steps the Department has taken, or plans to take, to assist county departments of social services with improving accuracy in Medicaid eligibility determinations, including a time line for implementation of each planned action. "(4) Any changes to legislation or needs for funding identified by the Department to assist with improving accuracy in Medicaid determinations." Session Laws 2017-57, s. 11H.22(e), provides: "(e) The Department of Health and Human Services, Division of Central Management and Support (Department), shall collaborate with the State Auditor to develop a plan of implementation of the annual audits under this section. The plan must include the following information: "(1) Accuracy standards and quality assurance standards to be implemented. "(2) The audit schedule that includes all counties. "(3) The audit methodology to be utilized, including any information that may vary based upon county size or other factors. "(4) Details illustrating that the audit methodology is statistically sound, including the statistically significant number of cases to be reviewed in each county. "(5) Anticipated costs of implementing the plan. "(6) A certification from the State Auditor that the Department's plan for the annual audits has the approval of the State Auditor. "No later than March 1, 2018, the Department shall submit a copy of the plan to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice with any proposed recommendations, suggested legislation, or funding requests." Session Laws 2017-57, s. 11H.22(h)-(j), provides: "(h) No later than 18 months after the Department has implemented the training and certification program under subsection (g) of this section [G.S. 108A-26.5], the Department shall include in its audits required under G.S. 108A-70.46 a verification that all county departments of social services are in compliance with the certification program requirements for individuals involved in the Medicaid eligibility determination process. "(i) No later than March 1, 2018, the Department shall submit to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, and the Fiscal Research Division a report on the implementation of the training and certification program required under this section. The report shall include the following: "(1) A detailed outline of what the training and certification program will entail, including how many hours of training will be required for certification, how frequently recertification will be required, and how often training will be provided by the Department to the county departments of social services. "(2) A plan of implementation of the training and certification program, including a specific time line of implementation. "(3) Anticipated costs to the Department, as well as any costs to the county department of social services, of implementing the training and certification program. This should include an identification of any additional resources required by the Department or a county department of social services in order to implement the training and certification program. "(4) Any other information the Department is able to provide regarding the training and certification program development. "(j) The Department of Health and Human Services may adopt and amend rules to implement this section." Session Laws 2017-57, s. 11H.22(k), made this Part effective June 28, 2017. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause.