GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SENATE BILL 316
RATIFIED BILL
AN ACT to Authorize DHHS to Implement Additional 1915(b)(c) Medicaid Waiver Sites and To allow State facilities to disclose certain information for purposes of collecting payment and to direct the distribution of a fund balance upon the dissolution of an area authority.
The General Assembly of North Carolina enacts:
SECTION 1. Section 10.24 of S.L. 2010-31 is repealed.
SECTION 2. The Department of Health and Human Services shall implement additional capitated 1915(b)(c) Medicaid waivers during the 2011-2012 fiscal year through a Request for Application (RFA) process for LME applicants who prove readiness. The Department shall consult with stakeholders during the approval process. The waiver program shall include all Medicaid-covered mental health, developmental disabilities, and substance abuse services. Expansion of the waiver is contingent upon approval by the Centers for Medicare and Medicaid Services.
SECTION 3. G.S. 122C-55(g) reads as rewritten:
"(g)
Whenever there is reason to believe that the client is eligible for financial
benefits through a governmental agency, a facility may disclose confidential
information to State, local, or federal government agencies. Except as provided
in G.S.122C-55(a3), subsections (a3) and (g1) of this section, disclosure
is limited to that confidential information necessary to establish financial
benefits for a client. After Except as provided in subsection (g1) of
this section, after establishment of these benefits, the consent of the
client or his legally responsible person is required for further release of
confidential information under this subsection."
SECTION 4. G.S. 122C-55 is amended by adding a new subsection to read:
"(g1) A State facility operated under the authority of G.S. 122C-181 may disclose confidential information for the purpose of collecting payment due the facility for the cost of care, treatment, or habilitation."
SECTION 5. G.S. 122C-115.3(e) reads as rewritten:
"(e)
Any budgetary surplusfund balance available to an area authority
at the time of its dissolution shall be distributed to those counties
comprising the area authority on the same pro rata basis that the counties
appropriated and contributed funds to the area authority's budget during the
current fiscal year. Distribution to the counties shall be determined on the
basis of an audit of the financial record of the area authority. The area
authority board shall select a certified public accountant or an accountant who
is subsequently certified by the Local Government Commission to conduct the
audit. The audit shall be performed in accordance with G.S. 159-34. The
same method of distribution of funds described in this subsection shall apply
when one or more counties of an area authority withdraw from the area
authority."
SECTION 6. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 24th day of May, 2011.
_____________________________________
Walter H. Dalton
President of the Senate
_____________________________________
Thom Tillis
Speaker of the House of Representatives
_____________________________________
Beverly E. Perdue
Governor
Approved __________.m. this ______________ day of ___________________, 2011