108A-27.12. Maintenance of effort.
(a) The Department shall define in the State Plan the services that can be provided with TANF federal funds and with State and county maintenance of effort funds. The Department shall work with counties to allow flexibility in the spending of county, State, and federal funds so as to maximize the use of resources while assuring that federal maintenance of effort requirements are met.
(b) Counties that fail to meet maintenance of effort requirements and that fail to meet the performance indicators for reducing maintenance of effort shall submit a corrective action plan to the Department and shall be subject to G.S. 108A-27.14. The Department may reduce block grant allocations to counties that fail to meet maintenance of effort requirements and performance indicators or may use some of the county's block grant allocation to secure needed services for clients in that county. If a county fails to comply with maintenance of effort requirements, the Director of the Budget may also withhold State funds appropriated to the county pursuant to G.S. 108A-93.
(c) The Department shall maintain the State's maintenance of effort at one hundred percent (100%) of the State certified budget enacted by the General Assembly for programs under this Part during fiscal year 1996-97. At no time shall the Department reduce or reallocate State funds previously obligated or appropriated for Work First or child welfare services.
(d) Each standard county shall maintain funding in Work First, child welfare, and related activities as defined by the Department at one hundred percent (100%) of the county funds budgeted in State Fiscal Year 1996-97 for AFDC Administration, JOBS employment and training, and AFDC Emergency Assistance (cash and services). A county may request to reduce its block grant and maintenance of effort if that county can demonstrate that it is meeting all the needs of its clients, as defined by the Department's performance indicators, without spending all of the block grant funds. The needs of clients include child protection, employment services, and related supportive services such as child care. The Department may reallocate any State or federal funds released from a county that reduced its maintenance of effort or from counties not spending their block grants. Funds reallocated to counties will require county match.
(e) During the first year a county operates as an Electing County, the county's maintenance of effort shall be no less than ninety percent (90%) of the amount the county budgeted for programs under this Part during fiscal year 1996-97. If during the first year of operation as Electing the Electing County achieves one hundred percent (100%) of its goals as set forth in its Electing County Plan, then the Electing County may reduce its maintenance of effort to eighty percent (80%) of the amount the county budgeted for programs under this Part during fiscal year 1996-97 for the second year of the Electing County's operation and for all years thereafter that the county maintains Electing Status.
(f) The Department may realign funds if the realignment will assure that maintenance of effort requirements are met while maximizing federal revenues.
(g) The Department of Health and Human Services shall report quarterly on the extent to which the State and counties are meeting federal maintenance of effort requirements under Temporary Assistance of Needy Families and on any realignment of funds. The Department and the counties shall work together to maximize full achievement of the State and county maintenance of effort. The Department shall make its report to members of the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Human Resources, and the Joint Legislative Public Assistance Committee, and to the Fiscal Research Division. (1997-443, s. 12.6; 1998-212, s. 12.27A(j); 1999-359, s. 4(a), (c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 108A - Social Services
Article 2 - Programs of Public Assistance.
§ 108A-25 - Creation of programs; assumption by federally recognized tribe of programs.
§ 108A-25.1A - Responsibility for errors.
§ 108A-25.2 - Exemption from limitations for individuals convicted of certain drug-related felonies.
§ 108A-25.3 - Garnishment of wages to recoup fraudulent public assistance program payment.
§ 108A-26.5 - NC FAST caseworker training and certification program.
§ 108A-27.01 - Income eligibility and payment level for Work First Family Assistance.
§ 108A-27.1 - Time limitations on assistance.
§ 108A-27.2 - General duties of the Department.
§ 108A-27.3 - Electing Counties - Duties of county boards of commissioners.
§ 108A-27.4 - Electing Counties - County Plan.
§ 108A-27.5 - Electing Counties - Duties of the Department.
§ 108A-27.7 - Standard Program County Plan.
§ 108A-27.8 - Standard Program Counties - Duties of Department.
§ 108A-27.10 - Duties of the Director of the Budget/Governor.
§ 108A-27.11 - Work First Program funding.
§ 108A-27.12 - Maintenance of effort.
§ 108A-27.13 - Performance standards.
§ 108A-27.14 - Corrective action.
§ 108A-27.15 - Assistance not an entitlement; appeals.
§ 108A-29 - Priority for employment services.
§ 108A-29.1 - Drug screening and testing for Work First Program applicants and recipients.
§ 108A-31 - Application for assistance.
§ 108A-36 - Assistance not assignable; checks payable to decedents.
§ 108A-37 - Personal representative for mismanaged public assistance.
§ 108A-38 - Protective and vendor payments.
§ 108A-39 - Fraudulent misrepresentation.
§ 108A-41 - (Effective until contingency met see note) Eligibility.
§ 108A-42 - Determination of disability.
§ 108A-43 - Application procedure.
§ 108A-44 - State funds to counties.
§ 108A-46.1 - Transfer of assets for purposes of qualifying for State-county Special Assistance.
§ 108A-47 - Limitations on payments.
§ 108A-48 - State Foster Care Benefits Program.
§ 108A-49 - Foster care and adoption assistance payments.
§ 108A-49.1 - Foster care and adoption assistance payment rates.
§ 108A-50 - State benefits for certain adoptive children.
§ 108A-50.1 - Special Needs Adoptions Incentive Fund.
§ 108A-50.2 - Adoption Promotion Fund.
§ 108A-51 - Authorization for Food and Nutrition Services.
§ 108A-51.1 - Prohibition on certain waivers.
§ 108A-52 - Determination of eligibility.
§ 108A-53 - Fraudulent misrepresentation.
§ 108A-53.1 - Illegal possession or use of electronic food and nutrition benefits.
§ 108A-54.2 - (Effective until contingency met see note) Procedures for changing medical policy.
§ 108A-54.3A - Eligibility categories and income thresholds.
§ 108A-54.4 - Income disregard for federal cost-of-living adjustments.
§ 108A-54.5 - Maintenance of waivers for dependents of members of Armed Forces.
§ 108A-55.1 - Medicare enrollment required.
§ 108A-55.3 - Verification of State residency required for medical assistance.
§ 108A-55.4 - Insurers to provide certain information to Department of Health and Human Services.
§ 108A-55.5 - Eligibility monitoring for medical assistance.
§ 108A-56 - Acceptance of federal grants.
§ 108A-57.1 - Rules governing transfer of medical assistance benefits between counties.
§ 108A-58.2 - Waiver of transfer of assets penalty due to undue hardship.
§ 108A-60 - Protection of patient property.
§ 108A-62 - Therapeutic leave for medical assistance patients.
§ 108A-63 - Medical assistance provider fraud.
§ 108A-63.1 - Health care fraud subpoena to produce documents.
§ 108A-64 - Medical assistance recipient fraud.
§ 108A-64.1 - Incentives to counties to recover fraudulent Medicaid expenditures.
§ 108A-65 - Conflict of interest.
§ 108A-66.1 - Medicaid buy-in for workers with disabilities.
§ 108A-67 - Medicare/Qualified Disabled Working Individuals.
§ 108A-68 - Drug Use Review Program; rules.
§ 108A-68.1 - Certain prescription drugs exempt from prior authorization requirements.
§ 108A-69 - Employer obligations.
§ 108A-70 - Recoupment of amounts spent on medical care.
§ 108A-70.4 - Long-Term Care Partnership Program.
§ 108A-70.5 - Medicaid Estate Recovery Plan.
§ 108A-70.9A - (Effective until contingency met see note) Definitions; Medicaid recipient appeals.
§ 108A-70.9B - (Effective until contingency met see note) Contested Medicaid cases.
§ 108A-70.9C - Informal review permitted.
§ 108A-70.12 - Liability for certain acts; damages; effect of repayment.
§ 108A-70.13 - False claims procedure.
§ 108A-70.14 - Civil investigative demand.
§ 108A-70.15 - Employee remedies.
§ 108A-70.16 - Uniformity of interpretation.
§ 108A-70.37 - Timely decision standards.
§ 108A-70.38 - Timely processing standards.
§ 108A-70.39 - Average processing time standards.
§ 108A-70.40 - Percentage processed timely standards.
§ 108A-70.41 - Corrective action.
§ 108A-70.42 - Temporary assumption of Medicaid eligibility administration.
§ 108A-70.43 - (Effective until contingency met see note) Reporting.
§ 108A-70.46 - Audit of county Medicaid determinations.
§ 108A-70.47 - Medicaid eligibility determination processing accuracy standards.
§ 108A-70.48 - Quality assurance.
§ 108A-70.49 - Corrective action.
§ 108A-70.50 - Temporary assumption of Medicaid eligibility administration.
§ 108A-70.51 - (Effective until contingency met see note) Reporting.