North Carolina § 105-228 - 3. Definitions.

§ 105-228. 3. Definitions.

The following definitions apply in this Article: Article 65 corporation. - A corporation subject to Article 65 of Chapter 58 of the General Statutes, regulating hospital, medical, and dental service corporations. Capitation payment. - Amounts paid by the Department of Health and Human Services to prepaid health plans under capitated contracts for the delivery of Medicaid and NC Health Choice services in accordance with Article 4 of Chapter 108D of the General Statutes. Captive insurance company. - Defined in G.S. 58-10-340. Foreign captive insurance company. - A captive insurance company as defined in G.S. 58-10-340(9), except that such company is not formed or licensed under the laws of this State but is formed and licensed under the laws of any jurisdiction within the United States other than this State. Insurer. - An insurer as defined in G.S. 58-1-5 or a group of employers who have pooled their liabilities pursuant to G.S. 97-93 of the Workers' Compensation Act. Prepaid health plan. - As defined in G.S. 108D-1. Self-insurer. - An employer that carries its own risk pursuant to G.S. 97-93 of the Workers' Compensation Act. History (1945, c. 752, s. 2; 1985 (Reg. Sess., 1986), c. 928, s. 12; 1995, c. 360, s. 1(b); 2013-116, s. 6(a); 2018-5, s. 38.2(e); 2020-88, s. 16(b).) Editor's Note. - Session Laws 1998-98, s. 65 deleted "Schedule I-B" from the article heading. Session Laws 2013-116, s. 8, provides: "Nothing in this act shall be construed to obligate the General Assembly to appropriate funds to implement the provisions of this act. This act becomes effective July 1, 2013, if funds are appropriated for the 2013-2015 fiscal biennium to provide the Department with regulatory staff and resources to license and regulate captive insurance companies. If no funds are appropriated, then this act shall not become effective until July 1 of a year in which the General Assembly appropriates funds to implement it." Funds were appropriated for the 2013-2015 fiscal biennium. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2020-88, s. 16(a), rewrote the Article 8B heading, which formerly read: "Taxes Upon Insurance Companies." See note for effective date and applicability. Session Laws 2020-88, s. 16(f), made the rewriting of the Article 8B heading effective 30 days after it becomes law and applicable to capitation payments received by prepaid health plans on or after that date. Session Laws 2020-88 became law on July 2, 2020, making the effective date of this amendment August 1, 2020. Session Laws 2020-88, s. 16(f), made the rewriting of this section by Session Laws 2020-88, s. 16(b), effective 30 days after it becomes law and applicable to capitation payments received by prepaid health plans on or after that date. Session Laws 2020-88 became law on July 2, 2020, making the effective date of this amendment August 1, 2020. Effect of Amendments. - Session Laws 2013-116, s. 6(a), effective July 1, 2013, added subdivision (1a). Session Laws 2018-5, s. 38.2(e), effective June 12, 2018, added subdivision (1b). Session Laws 2020-88, s. 16(b), rewrote the section. For effective date and applicability, see editor's note.