North Carolina § 108A-41 - (See editor's note) Eligibility.

§ 108A-41. (See editor's note) Eligibility.

Assistance shall be granted under this Part to all persons in adult care homes for care found to be essential in accordance with the rules and regulations adopted by the Social Services Commission and prescribed by G.S. 108A-42(b). As used in this Part, the term "adult care home" includes a supervised living facility for adults with intellectual and developmental disabilities licensed under Article 2 of Chapter 122C of the General Statutes. Assistance shall be granted to any person who meets all of the following criteria: Meets one of the following: Is 65 years of age or older. Is between the ages of 18 and 65, and is permanently and totally disabled or is legally blind pursuant to G.S. 111-11. (Effective until contingency met - see Editor's note) Has insufficient income or other resources to provide a reasonable subsistence compatible with decency and health as determined by the rules and regulations of the Social Services Commission; and. Is one of the following: A resident of North Carolina for at least 90 days immediately prior to receiving this assistance. Repealed by Session Laws 2014-100, s. 12D.1(c), effective November 1, 2014. A person discharged from a State facility who was a patient in the facility as a result of an interstate mental health compact that requires the State to continue treating the person within the State. As used in this sub-subdivision the term State facility is a facility listed under G.S. 122C-181. When determining whether a person has insufficient resources to provide a reasonable subsistence compatible with decency and health, there shall be excluded from consideration the person's primary place of residence and the land on which it is situated, and in addition there shall be excluded real property contiguous with the person's primary place of residence in which the property tax value is less than twelve thousand dollars ($12,000). The county shall also have the option of granting assistance to Certain Disabled persons as defined in the rules and regulations adopted by the Social Services Commission. Nothing in this Part should be interpreted so as to preclude any individual county from operating any program of financial assistance using only county funds. (2) (For contingent effective date, see Editor's note) Has both (i) income at or below one hundred percent (100%) of the federal poverty level guidelines published by the United States Department of Health and Human Services and (ii) insufficient income or other resources to provide a reasonable subsistence compatible with decency and health as determined by the rules and regulations of the Social Services Commission. History (1949, s. 1038, s. 2; 1961, c. 186; 1969, c. 546, s. 1; 1973, c. 717, s. 1; 1977, 2nd Sess., c. 1252, s. 1; 1979, c. 702, s. 8; 1981, c. 275, s. 1; c. 849, s. 1; 1983, c. 14, s. 2; 1995, c. 535, s. 5; 1997-210, s. 1; 2001-209, s. 3; 2010-31, s. 10.19A(d); 2014-100, s. 12D.1(a)-(c).) Subdivision (b)(2) Set out Twice. - The first version of subdivision (b)(2) set out above is effective until the contingency described in Session Laws 2014-100, s. 12D.1(h), has been met. The second version of subdivision (b)(2) set out above is effective after the contingency has been met. For contingent effective date, see Editor's note. Editor's Note. - Session Laws 2008-184, s. 1, enacted provisions pertaining to an income disregard policy for those on special assistance. Session Laws 2008-184, s. 1, provides: "The eligibility of Special Assistance residents residing in adult care homes on and after July 1, 2009, shall not be affected because of annual Social Security, SSI, Veteran, and Railroad Retirement Cost of Living Adjustments (COLAs). This policy shall apply only in cases where Special Assistance income eligibility is affected only by Social Security, SSI, Veteran, and Railroad Retirement COLAs and shall not render a Special Assistance recipient eligible if all other eligibility requirements are not met. The maximum monthly rate for these residents shall be the same as for all other residents according to the provisions as set in the Current Operations Appropriations Act, as amended. The Department of Health and Human Services shall apply for the approvals, if any, which are necessary to implement the policy change directed by this section." Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'." Session Laws 2010-31, s. 32.6 is a severability clause. Session Laws 2014-100, s. 12D.1(d), provides: "Subsections (a) and (c) of this section [which amend G.S. 108A-41(b)(1) and (b)] shall not affect the eligibility of State-County Special Assistance applicants approved to receive State-County Special Assistance benefits prior to November 1, 2014." Session Laws 2014-100, s. 12D.1(e), provides: "Subsection (b) of this section [which amends G.S. 108A-41(b)(2) ] shall not affect the eligibility of State-County Special Assistance applicants approved to receive State-County Special Assistance benefits prior to the effective date of subsection (b) of this section [for contingent effective date, see Editor's note for Session Laws 2014-100, s. 12D.1(h)]." Session Laws 2014-100, s. 12D.1(f), provides: "Not later than October 31, 2014, the Department of Health and Human Services, Division of Medical Assistance, shall submit to the federal Centers for Medicare and Medicaid Services (CMS) an amendment to the Medicaid State Plan to allow Medicaid recipients who were approved to receive State-County Special Assistance benefits prior to the effective date of subsection (b) of this section to retain their eligibility for Medicaid. G.S. 108A-54.1 A(e) [repealed] does not apply to this subsection." Session Laws 2014-100, s. 12D.1(g), provides: "Effective date provision for subsections (a), (c), and (d) - effective November 1, 2014, and for subsections (f), (g), and (h) - effective August 7, 2014." Session Laws 2014-100, s. 12D.1(h), provides: "Subsections (b) and (e) of this section become effective 30 days after the date CMS approves the Medicaid State Plan Amendment submitted by the Department of Health and Human Services pursuant to subsection (f) of this section. The Secretary of the Department of Health and Human Services shall report to the Revisor of Statutes when CMS approval is obtained and the date of the approval. Subsections (b) and (e) of this section shall not become effective if CMS disapproves the Medicaid State Plan Amendment submitted by the Department of Health and Human Services pursuant to subsection (f) of this section." The contingency was not met. CMS did not approve the State Plan Amendment. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2010-31, s. 10.19A(d), effective July 1, 2010, in the last sentence in subsection (a), substituted "adults with intellectual and developmental disabilities" for "developmentally disabled adults"; and in subdivision (b)(1), added "or is legally blind pursuant to G.S. 111-11 " and made minor stylistic changes. Session Laws 2014-100, s. 12D.1(a), effective November 1, 2014, substituted the present provisions of the introductory paragraph of subsection (b) and subdivision (b)(1) for the former provisions which read: "(b) Assistance shall be granted to any person who: (1) Is 65 years of age and older, is between the ages of 18 and 65, and is permanently and totally disabled or is legally blind pursuant to G.S. 111-11 ; and." Session Laws 2014-100, s. 12D.1(b), in subdivision (b)(2), inserted "both (i) income at or below one hundred percent (100%) of the federal poverty level guidelines published by the United States Department of Health and Human Services and (ii)" and substituted a period for "and;" at the end. For effective date, see Editor's note. Session Laws 2014-100, s. 12D.1(c), effective November 1, 2014, substituted a period for a semicolon at the end of subdivision (b)(3)a, deleted former subdivision (b)(3)b. relating to a person residing with a close relative, and added "that requires the State to continue treating the person within the State" at the end of the first sentence in subdivision (b)(3)c. Opinions of Attorney General Residency Requirement for Receipt of Welfare Benefits Unenforceable. - See opinion of Attorney General to Mr. Robert H. Ward, Assistant Commissioner, Department of Social Services, 40 N.C.A.G. 712 (1970), issued under former Chapter 108 .