Section 108A-41 - [Multiple Versions] [Effective upon occurrence of contingency - see note] Eligibility(a) The Department shall grant assistance under this Part to all persons residing in adult care homes, special care units, and in-home living arrangements 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.(b) The Department shall grant assistance to any person described in subsection (a) of this section who meets all of the following criteria: (1) Meets one of the following:a. Is 65 years of age or older.b. Is between the ages of 18 and 65, and is permanently and totally disabled or is legally blind pursuant to G.S. 111-11.(1a) Needs placement in an adult care home or special care unit and either resides in an adult care home or special care unit or would seek placement in an adult care home or special care unit if not for the State-County Special Assistance Program.(2) 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. The following income limits are applicable for determining financial eligibility for State-County Special Assistance: a. The total countable monthly income for individuals residing in adult care home facilities or in-home living arrangements without a diagnosis of Alzheimer's disease or dementia shall not exceed the basic rate established in subsection (a) of G.S. 108A-42.1 plus a personal needs allowance in an amount determined by the General Assembly.b. The total countable monthly income for individuals residing in special care units or in-home living arrangements with a diagnosis of Alzheimer's disease or dementia shall not exceed the enhanced rate established in subsection (b) of G.S. 108A-42.1plus a personal needs allowance in an amount determined by the General Assembly. (3) Is one of the following:a. A resident of North Carolina for at least 90 days immediately prior to receiving this assistance.b. Repealed by Session Laws 2014-100, s. 12D.1(c), effective November 1, 2014.c. A person discharged from a State facility who was a patient in the facility as a result of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.(c) 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.(d) 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. ...
N.C. Gen. Stat. § 108A-41
Amended by 2023 N.C. Sess. Laws 65,s. 1.2, eff. 6/29/2023.Amended by 2022 N.C. Sess. Laws 74, s. 9A.1-b, eff. upon occurence of contingency - see note.Amended by 2021 N.C. Sess. Laws 180, s. 9A.3A-b, eff. 7/1/2022 or upon occurence of contingency.Amended by 2014 N.C. Sess. Laws 100, s. 12D.1-b, eff. 30 days after the date CMS approves the Medicaid State Plan Amendment submitted by the Department of Health and Human Services.Amended by 2014 N.C. Sess. Laws 100, s. 12D.1-a, s. 12D.1-c, eff. 11/1/2014.Amended by 2010 N.C. Sess. Laws 31, s. 10.19A.(d), eff. 7/1/2010.Amended by 2001 - 209, s. 3, eff. 6/15/2001. 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.Effective Date - Contingent Expiration: Section 9A.1(b) of 2022 N.C. Sess. Laws 74 provides: "Subsections (b), (c), and (e) of this section become effective on the date the Current Operations Appropriations Act of 2022 becomes law, or 30 days after the date that both the SSA and CMS have approved the applications submitted by the Department of Health and Human Services pursuant to subsection (a) of this section, whichever is later.
The Secretary of the Department of Health and Human Services shall report to the Revisor of Statutes when both the SSA and CMS approvals are obtained and the date of the approval. Subsections (b), (c), and (e) of this section shall not become effective if either the SSA or CMS disapproves the applications submitted by the Department of Health and Human Services pursuant to subsection (a) of this this section, then subsections (b), (c), and (e) of this section shall expire."