North Carolina § 108D-3 - Conflicts; severability.

§ 108D-3. Conflicts; severability.

To the extent that this Chapter conflicts with the Social Security Act or 42 C.F.R. Parts 438 and 457, federal law prevails, except when the applicability of federal law or rules have been waived by agreement between the State and the U.S. Department of Health and Human Services. To the extent that this Chapter conflicts with any other provision of State law that is contrary to the principles of managed care that will ensure successful containment of costs for health care services, this Chapter prevails and applies. If any section, term, or provision of this Chapter is adjudged invalid for any reason, these judgments shall not affect, impair, or invalidate any other section, term, or provision of this Chapter, but the remaining sections, terms, and provisions shall be and remain in full force and effect. History (2013-397, s. 1; 2019-81, s. 1(a).) Editor's Note. - Session Laws 2019-81, s. 1(b), provides: "This section is effective October 1, 2019, and applies to (i) appeals arising from local management entity/managed care organization (LME/MCO) notices of adverse benefit determination mailed on or after that date and (ii) grievances received by an LME/MCO on or after that date." Effect of Amendments. - Session Laws 2019-81, s. 1(a), rewrote subsection (a), which formerly read: "To the extent that this Chapter conflicts with the Social Security Act or 42 C.F.R. Part 438, federal law prevails"; and in subsection (b), deleted "behavioral" preceding "health care services." For effective date and applicability, see Editor's note. §§ 108D-4, 108D-5: Reserved for future codification purposes.