N.C. Gen. Stat. § 108A-47.1

Current through Session Law 2024-58

Section 108A-47.1 - [Repealed upon occurrence of contingency - see note] Special Assistance in-home payments

(a) The Department of Health and Human Services shall use funds from the existing State-County Special Assistance budget to provide Special Assistance payments to eligible individuals 18 years of age or older in in-home living arrangements. The standard monthly payment to individuals enrolled in the Special Assistance in-home program shall be one hundred percent (100%) of the monthly payment the individual would receive if the individual resided in an adult care home and qualified for Special Assistance. The Department shall implement Special Assistance in-home eligibility policies and procedures to assure that in-home program participants are those individuals who need and, but for the in-home program, would seek placement in an adult care home facility. The Department's policies and procedures shall include the use of an assessment.

(b) All county departments of social services shall participate in the State-County Special

Assistance in-home program by making Special Assistance in-home slots available to individuals who meet the eligibility requirements established by the Department pursuant to subsection (a) of this section.

N.C. Gen. Stat. § 108A-47.1

Amended by 2023 N.C. Sess. Laws 134,s. 9A.1, eff. 7/1/2023.

Amended by 2023 N.C. Sess. Laws 65,s. 1.3, eff. 6/29/2023.

Repealed by 2021 N.C. Sess. Laws 180, s. 9A.3A-b, eff. 7/1/2022, or 30 days following occurrence of contingency, whichever is later.

Amended by 2021 N.C. Sess. Laws 180, s. 9A.3, eff. 7/1/2021.

Amended by 2012 N.C. Sess. Laws 142, s. 10.23-a, eff. 2/15/2013.

Amended by 2010 N.C. Sess. Laws 31, s. 10.19A.(h), eff. 7/1/2010.

Added by 2007 N.C. Sess. Laws 323, s. 10.14.(a), eff. 7/1/2007.

Effective Date - Contingent Expiration: Section 9A.3A.(d) of 2021 N.C. Sess. Laws 180 provides: "Subsections (b), (c), and (e) of this section become effective on July 1, 2022, or 30 days after the date that all of the following have occurred, whichever is later:

(1) 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.

(2) CMS has approved the use of savings arising from the enhanced federal medical assistance percentage (FMAP) for home and community-based services available to the State under section 9817(a) of the American Rescue Plan Act of 2021 (ARPA), P.L. 117-2, for both of the expenditures identified in subsection (e) of this section.

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 section or if CMS disapproves the use of the savings arising from the enhanced FMAP for home and community-based services under ARPA for either of the expenditures identified in subsection (e) of this section. If, by June 30, 2023, the Department of Health and Human Services has not received (i) notification of application approval from both the SSA and CMS pursuant to subsection (a) of this section and (ii) notification from CMS of approval for the use of the savings from the enhanced FMAP for either of the expenditures identified in subsection (e) of this section, then subsections (b), (c), and (e) of this section shall expire."