GENERAL ASSEMBLY OF NORTH CAROLINA

1997 SESSION

 

 

S.L. 1997-210

HOUSE BILL 81

 

 

AN ACT TO ESTABLISH A NINETY-DAY WAITING PERIOD FOR NEW RESIDENTS OF NORTH CAROLINA WHO NEED RESIDENCE IN ADULT CARE HOMES AND WHO NEED STATE-COUNTY SPECIAL ASSISTANCE FUNDS TO PAY FOR THEIR CARE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 108A-41(b) reads as rewritten:

"(b)      Assistance shall be granted to any person who:

(1)       Is 65 years of age and older, or is between the ages of 18 and 65 and is permanently and totally disabled; and

(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; and

(3)       Is a resident of North Carolina.  Is one of the following:

a.         A resident of North Carolina for at least 90 days immediately prior to receiving this assistance;

b.         A person coming to North Carolina to join a close relative who has resided in North Carolina for at least 180 consecutive days immediately prior to the person's application.  The close relative shall furnish verification of his or her residency to the local department of social services at the time the applicant applies for special assistance.  As used in this sub-subdivision, a close relative is the person's parent, grandparent, brother, sister, spouse, or child; or

c.         A person discharged from a State facility who was a patient in the facility as a result of an interstate mental health compact.  As used in this sub-subdivision the term State facility is a facility listed under G.S. 122C-181."

Section 2.  This act is effective when it becomes law and applies to residents making application for assistance on or after that date.

In the General Assembly read three times and ratified this the 10th day of June, 1997.

s/   Dennis A. Wicker

President of the Senate

 

s/   Harold J. Brubaker

Speaker of the House of Representatives

 

s/   James B. Hunt, Jr.

Governor

 

Approved 5:25 p.m. this 19th day of June, 1997