North Carolina § 58-2-1 - Department established.

§ 58-2-1. Department established.

The Department is hereby established as a separate and distinct department, which is charged with the execution of laws relating to insurance and other subjects placed under the Department. History (1899, c. 54, s. 3; 1901, c. 391, s. 1; Rev., s. 4680; C.S., s. 6263; 1991, c. 720, s. 5.) Cross References. - As to General Assembly's authority to define the State's level of interaction, if any, with the federally facilitated Health Benefit Exchange, see G.S. 143B-24(b) . Transfer of Managed Care Patient Assistance Program. - Session Laws 2012-142, s. 15.3(a), provides: "The Department of Justice, Health Insurance Consumer Protection Unit, and any portion of the Managed Care Patient Assistance Program managed by the Department of Justice is transferred to the Department of Insurance. This transfer shall have all of the elements of a Type I transfer, as described in G.S. 143A-6 ." Editor's Note. - Session Laws 2013-5, s. 1(d), provides: "The Department of Insurance and Department of Health and Human Services shall cease all expenditures funded by the following Exchange-related grants from the federal government: (i) Exchange Planning Grant and (ii) Level One Cooperative Agreement Establishment Grant. The Departments shall review all grant-related expenditures that preceded the effective date of this act and shall, to the extent possible, draw down grant funds sufficient to reimburse the State for any expenditures allowed under the grants. Up to eleven million dollars ($11,000,000) of funds from an Exchange-related grant that was awarded in 2013 are hereby appropriated to the Department of Insurance for fiscal year 2012-2013 to reimburse the State for expenses that are allowed under the grant for either of the following: "(1) Technology and personnel expenses that were incurred prior to the effective date of this act. "(2) Personnel expenses, if any, that (i) are associated with ceasing the expenditures funded by the Exchange-related grants and (ii) occurred after the effective date of this act. "The Department of Insurance shall notify the Secretary of the United States Department of Health and Human Services that the State will no longer be drawing down Exchange-related grant funds. It is not the intent of this section to impact any grant funding for premium review." This Act became effective March 6, 2013. Session Laws 2013-5, s. 3, provides: "The State will not expand the State's Medicaid eligibility under the Medicaid expansion provided in the Affordable Care Act, P.L. 111-148, as amended, for which the enforcement was ruled unconstitutional by the U.S. Supreme Court in National Federation of Independent Business, et al. v. Sebelius, Secretary of Health and Human Services, et al., 132 S. Ct. 2566 (2012). No department, agency, or institution of this State shall attempt to expand the Medicaid eligibility standards provided in S.L. 2011-145, as amended, or elsewhere in State law, unless directed to do so by the General Assembly." Legal Periodicals. - For note discussing changes in automobile rate regulation and the role of the Insurance Commissioner in North Carolina, see 17 Wake Forest L. Rev. 822 (1981).