NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 788

SENATE BILL 310

 

 

AN ACT TO AMEND PART 3 OF ARTICLE 3 OF CHAPTER 108 OF THE GENERAL STATUTES TO SET FORTH THE ELIGIBILITY REQUIREMENTS FOR AID TO THE PERMANENTLY AND TOTALLY DISABLED AND TO AUTHORIZE COUNTY MEDICAL REVIEW BOARDS FOR APPLICANTS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Part 3 of Article 3 of Chapter 108 of the General Statutes is hereby amended by adding a new Section immediately following G.S. 108-73.10 and immediately preceding G.S. 108-73.11, to be numbered G.S. 108-73.10.1, and to read as follows:

"G.S. 108-73.10.1.  Eligibility Requirements for Aid to the Permanently and Totally Disabled; County Medical Review Board. Assistance shall be granted under this Section to any person who:

"(1)      Is at least 18 years of age and under 65 years of age;

"(2)      Has resided in this State for one (1) year immediately preceding application for assistance;

"(3)      Has not sufficient income or other resources to provide reasonable subsistence compatible with decency and health;

"(4)      Is not an inmate of a public institution or an institution for tuberculosis or mental diseases;

"(5)      Is not a patient in a medical institution as a result of having tuberculosis or psychosis;

"(6)      Is found to be permanently and totally disabled within the meaning of this Section. A permanently and totally disabled person is one who because of a mental or physical impairment is according to the present diagnosis substantially precluded from doing any work. The impairment must be of major importance and must be a condition not likely to improve or which will continue throughout the lifetime of the individual; and

"(7)      Is not receiving any public assistance from the State or from any political subdivision thereof, or any other type of Federally aided public assistance.

"For the purpose of determining whether or not applicants for assistance are permanently and totally disabled within the meaning of this Section, the Board of County Commissioners of any county, with the approval of the County Board of Public Welfare, may set up in the county a Medical Review Board who shall review all medical examinations of applicants applying for assistance and certify their findings of disability to the State Board of Public Welfare in the manner and form prescribed by said State Board."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 11th day of June, 1963.