North Carolina § 108A-60 - Protection of patient property.

§ 108A-60. Protection of patient property.

It shall be unlawful for any person: To willfully commingle or cause or solicit the commingling of the personal funds or moneys of a recipient resident of a provider health care facility with the funds or moneys of such facility; or To willfully embezzle, convert, or appropriate or cause or solicit the embezzlement, conversion or appropriation of recipient personal funds or property to his own use or to the use of any provider or other person or entity. A violation of subdivision (a)(1) of this section shall be a Class 1 misdemeanor. A violation of subdivision (a)(2) of this section shall be a Class H felony. For purposes of this section: "Health care facility" shall include skilled nursing facilities, intermediate care facilities, rest homes, or any other residential health care facility; and "Person" includes any natural person, association, consortium, corporation, body politic, partnership, or other group, entity or organization; and "Recipient" shall include current resident recipients, deceased recipients and recipients who no longer reside at such facility. History (1979, c. 510, s. 1; 1981, c. 275, s. 1; 1993, c. 539, ss. 816, 1300; 1994, Ex. Sess., c. 24, s. 14(c).) Editor's Note. - Session Laws 2020-78, s. 4D.4(a)-(f), provides: "(a) Effective until coverage under tailored plans described under G.S. 108D-60 begins, the Department of Health and Human Services shall ensure that local management entities/managed care organizations (LME/MCOs) utilize out-of-network agreements between a single provider of behavioral health or intellectual and developmental disability (IDD) services and the LME/MCO to ensure access to care in accordance with 42 C.F.R. § 438.206(b)(4). These out-of-network agreements shall contain standardized elements developed in consultation with all LME/MCOs, reduce administrative burden on providers of behavioral health and IDD services, and comply with all requirements of State and federal laws. "(b) LME/MCOs shall use an out-of-network agreement in lieu of a comprehensive provider contract when all of the following conditions are met: "(1) The services requested are medically necessary and cannot be provided by a provider in the LME/MCO's closed provider network. "(2) The behavioral health or IDD services provider's site of service delivery is located outside of the geographical catchment area of the LME/MCO, and either (i) the LME/MCO is not accepting applications for membership into its closed provider network or (ii) the provider does not wish to apply for membership in the LME/MCO's closed provider network. "(3) The behavioral health or IDD services provider is not excluded from participation in the Medicaid program, the NC Health Choice program, or any other State or federal health care program. "(4) The behavioral health or IDD provider is serving no more than two enrollees of the LME/MCO. "(c) An LME/MCO shall not restrict its number of out-of-network agreements to provide inpatient hospitalization services unless the services could be provided by a provider in the LME/MCO's closed provider network and the out-of-network provider is unwilling to enter into a network agreement with the LME/MCO. "(d) An LME/MCO shall not restrict its number of out-of-network agreements for other behavioral health and IDD services to foster children and "independent foster care adolescents," ages 18, 19, and 20, as defined in 42 U.S.C. § 1396d(w)(1) if the person is already receiving such services from such provider, though the services could be provided by a provider in the LME/MCO's closed provider network. "(e) Any provider enrolled in the North Carolina Medicaid program that provides services pursuant to an out-of-network agreement shall be considered a network provider for purposes of Chapter 108D of the General Statutes only as it relates to enrollee grievances and appeals for those services. "(f) This section is effective when it becomes law." Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. § 108A-61: Repealed by Session Laws 1989, c. 701.