58-51-116. ERISA plans may not require Medicaid to pay first.
An employee benefit plan as defined in ERISA shall not include any provision which, because an individual is provided or is eligible for benefits or service pursuant to a State plan under Title XIX of the Social Security Act (Medicaid), has the effect of limiting or excluding coverage or payment for any health care for that individual under the terms of the employee benefit plan, provided that the individual is one who would otherwise be covered or entitled to benefits or services under the employee benefit plan. (1993, c. 321, s. 238.1; 2001-446, s. 4.3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 51 - Nature of Policies.
§ 58-51-1 - Form, classification and rates to be approved by Commissioner.
§ 58-51-10 - Right to return policy and have premium refunded.
§ 58-51-15 - Accident and health policy provisions.
§ 58-51-16 - Intoxicants and narcotics.
§ 58-51-17 - Portability for accident and health insurance.
§ 58-51-30 - Policies to cover newborn infants, foster children, and adopted children.
§ 58-51-37 - Pharmacy of choice.
§ 58-51-37.1 - Lock-in program for certain controlled substances.
§ 58-51-38 - Direct access to obstetrician-gynecologists.
§ 58-51-50 - Coverage for chemical dependency treatment.
§ 58-51-55 - No discrimination against mentally ill or chemically dependent individuals.
§ 58-51-57 - Coverage for mammograms and cervical cancer screening.
§ 58-51-58 - Coverage for prostate-specific antigen (PSA) tests.
§ 58-51-59 - Coverage of certain prescribed drugs for cancer treatment.
§ 58-51-60 - Meaning of term "preexisting conditions" in certain policies.
§ 58-51-61 - Coverage for certain treatment for diabetes.
§ 58-51-62 - Coverage for reconstructive breast surgery following mastectomy.
§ 58-51-63 - Coverage for abortions not allowed in plans offered through Exchange.
§ 58-51-65 - Industrial sick benefit insurance defined.
§ 58-51-70 - Industrial sick benefit insurance; provisions.
§ 58-51-75 - Blanket accident and health insurance defined.
§ 58-51-80 - Group accident and health insurance defined.
§ 58-51-81 - Group accident and health insurance for public school students.
§ 58-51-85 - Group or blanket accident and health insurance; approval of forms and filing of rates.
§ 58-51-90 - Definition of franchise accident and health insurance.
§ 58-51-95 - Approval by Commissioner of forms, classification and rates; hearing; exceptions.
§ 58-51-100 - Credit accident and health insurance.
§ 58-51-105 - Hospitalization insurance defined.
§ 58-51-110 - Renewal, discontinuance, or replacement of group health insurance.
§ 58-51-115 - Coordination of benefits with Medicaid.
§ 58-51-116 - ERISA plans may not require Medicaid to pay first.
§ 58-51-120 - Coverage of children.
§ 58-51-125 - Adopted child coverage.
§ 58-51-130 - Standards for disability income insurance policies.