North Carolina General Statutes
Article 2 - Programs of Public Assistance.
§ 108A-27.2 - General duties of the Department.

108A-27.2. General duties of the Department.
The Department shall have the following general duties with respect to the Work First Program:
(1) Ensure that the specifications of the general provisions of the State Plan regarding the procedures required when recipients are sanctioned, prescribed in G.S. 108A-27.9(c), are uniformly developed and implemented across the State;
(1a) Provide technical assistance to Electing Counties developing and implementing and to Standard Counties implementing their County Plans, including providing information concerning applicable federal law and regulations and changes to federal law and regulations that affect the permissible use of federal funds and scope of the Work First Program in a county;
(1b) Reserved for future codification purposes.
(1c) Ensure that all families with work eligible parents and parents with children under the age of 12 months receive Work First benefits in the month after compliance with their Mutual Responsibility Agreement. Failure to comply with their Mutual Responsibility Agreement shall result in no Work First Benefits the following month, unless there is good cause.
(2) Describe authorized federal and State work activities. For up to twenty percent (20%) of Work First recipients, authorized State work activities shall include at least part-time enrollment in a postsecondary education program. In Standard Counties, recipients enrolled on at least a part-time basis in a postsecondary education program and maintaining a 2.5 grade point average or its equivalent shall have their two-year time limit suspended for up to three years.
(3) Define requirements for assignment of child support income and compliance with child support activities;
(4) Establish a schedule for Electing Counties to submit their County Plans to ensure that all Electing County Plans are adopted by Electing Counties by February 1 of each odd-numbered year and review and then recommend a State Plan to the General Assembly;
(5) Ensure that the Electing County Plans comply with federal and State laws, rules, and regulations, are consistent with the overall purposes and goals of the Work First Program, and maximize federal receipts for the Work First Program;
(6) Prepare the State Plan in accordance with G.S. 108A-27.9 and federal laws and regulations and submit it to the Budget Director for approval;
(7) Submit the State Plan, as approved by the Budget Director, to the General Assembly for approval;
(8) Repealed by Session Laws 2003-284, s. 10.57, effective July 1, 2003.
(9) Develop and implement a system to monitor and evaluate the impact of the Work First Program on children and families, including the impact of the Work First Program on job retention and advancement, child abuse and neglect, caseloads for child protective services and foster care, school attendance, academic and behavioral performance, and other measures of the economic security and health of children and families. The system should be developed to allow monitoring and evaluation of impact based on both aggregated and disaggregated data. State and county agencies shall cooperate in providing information needed to conduct these evaluations, sharing data and information except where prohibited specifically by federal law or regulation;
(10) Monitor the performance of Electing Counties relative to their respective Plans and the overall goals of the Work First Program. Monitor Standard Counties relative to the State Plan and the overall goals of the Standard Work First Program;
(11) Repealed by Session Laws 2003-284, s. 10.57, effective July 1, 2003.
(12) Report to the Senate Appropriations Committee on Health and Human Services and the House of Representatives Appropriations Subcommittee on Health and Human Services the counties which have requested Electing status; provide copies of the proposed Electing County Plans to the Senate Appropriations Committee on Health and Human Services and the House of Representatives Appropriations Subcommittee on Health and Human Services, if requested; and make recommendations to the Senate Appropriations Committee on Health and Human Services and the House of Representatives Appropriations Subcommittee on Health and Human Services on which of the proposed Electing County Plans ensure compliance with federal and State laws, rules, and regulations and are consistent with the overall purposes and goals for the Work First Program; and
(13) Make recommendations to the General Assembly for approval of counties to become Electing Counties which represent, in aggregate, no more than fifteen and one-half percent (15.5%) of the total Work First caseload at September 1 of each year and, for each county submitting a plan, the reasons individual counties were or were not recommended.
(14) Review the county Work First Program of each Electing County and recommend whether the county should continue to be designated an Electing County or whether it should be redesignated as a standard county. In conducting its review and making its recommendation, the Department shall:
a. Examine and consider the results of the Department's monitoring and evaluation of the impact of the Electing County's Work First Program as required under subdivision (9) of this section;
b. Determine whether the Electing County's Work First Program's unique design requires implementation by an Electing County or whether the Work First Program could be implemented by a county designated as a standard county;
c. Determine whether the Electing County's Work First Program and policies are unique and innovative in meeting the purpose of the Work First Program as stated under G.S. 108A-27, and State and federal laws, rules, and regulations, as compared to other standard and Electing County Work First programs.
The Department shall make its recommendation and the reasons therefor to the Senate Appropriations Committee on Health and Human Services and the House of Representatives Appropriations Subcommittee on Health and Human Services not later than three months prior to submitting the State Plan to the Commission for review as required under G.S. 108A-27.9(a). (1997-443, s. 12.6; 1998-212, s. 12.27A(g); 1999-237, s. 7.10(b); 1999-359, ss. 1.2(a), 2(a), (b), 6; 2001-424, s. 21.13(b), (e); 2003-284, s. 10.57; 2009-489, s. 3.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 108A - Social Services

Article 2 - Programs of Public Assistance.

§ 108A-24 - Definitions.

§ 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-25.4 - Use of payments under the Low-Income Energy Assistance Program and Crisis Intervention Program.

§ 108A-26 - Certain financial assistance and in-kind goods not considered in determining assistance paid under Chapters 108A and 111.

§ 108A-26.1 - Information sharing of outstanding arrest warrant of applicant for or recipient of program assistance.

§ 108A-26.2 - Fleeing felon or parole or probation violator; eligibility for program assistance; federal approval; review by department.

§ 108A-26.5 - NC FAST caseworker training and certification program.

§ 108A-27 - (See editor's note) Authorization and description of Work First Program; Work First Program changes; designation of Electing and Standard Program Counties.

§ 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-27.6 - Standard Program Counties - Duties of county departments of social services and county boards of commissioners.

§ 108A-27.7 - Standard Program County Plan.

§ 108A-27.8 - Standard Program Counties - Duties of Department.

§ 108A-27.9 - State Plan.

§ 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-40 - (Effective until contingency met see note) Authorization of State-County Special Assistance Program.

§ 108A-41 - (Effective until contingency met see note) Eligibility.

§ 108A-42 - Determination of disability.

§ 108A-42.1 - (Effective once contingency met see note) State-County Special Assistance Program payment rates.

§ 108A-43 - Application procedure.

§ 108A-44 - State funds to counties.

§ 108A-45 - Participation.

§ 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 - (Effective until contingency met see note) Authorization of Medical Assistance Program; administration.

§ 108A-54.1 - Recodified as G.S108A-66.1 by Session Laws 2013-360, s12H.10(f), effective July 1, 2013.

§ 108A-54.1A - (Effective until contingency met see note) Amendments to Medicaid State Plan and Medicaid Waivers.

§ 108A-54.1B - Adoption of rules; State Plans, including amendments and waivers to State Plans, have effect of rules.

§ 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 - Payments.

§ 108A-55.1 - Medicare enrollment required.

§ 108A-55.2 - Collaboration among agencies to ensure Medicaid-related services payments to eligible students with disabilities in public schools.

§ 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 - (Effective until contingency met see note) Subrogation rights; withholding of information a misdemeanor.

§ 108A-57.1 - Rules governing transfer of medical assistance benefits between counties.

§ 108A-58.1 - Ineligibility for medical assistance based on transferring assets for less than fair market value.

§ 108A-58.2 - Waiver of transfer of assets penalty due to undue hardship.

§ 108A-59 - Acceptance of medical assistance constitutes assignment to the State of right to third party benefits; recovery procedure.

§ 108A-60 - Protection of patient property.

§ 108A-61.1 - Financial responsibility of a parent for a child under age 21 in a medical institution.

§ 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-68.2 - (Effective until contingency met see note) Beneficiary lock-in program for certain controlled substances.

§ 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-70.10 - Short title.

§ 108A-70.11 - Definitions.

§ 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-70.30 - Recodified as Part 33 of Article 7 of Chapter 143B, G.S143B-344.46, by Session Laws 2013-360, s15.22(h), effective July 1, 2013.

§ 108A-70.36 - Applicability.

§ 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-70.45 - Applicability.

§ 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.