N.C. Gen. Stat. § 108A-42.1

Current through Session Law 2024-56

Section 108A-42.1 - State-County Special Assistance Program payment rates

(a) Basic Rate. - The maximum monthly rate for State-County Special Assistance recipients residing in adult care homes or in-home living arrangements without a diagnosis of Alzheimer's disease or dementia shall be one thousand one hundred eighty-two dollars ($1,182) per month per resident. This rate shall be adjusted on January 1, 2023, and each January 1 thereafter, using the federally approved Social Security cost-of-living adjustment effective for the applicable year.

(b) Enhanced Rate. - The maximum monthly rate for State-County Special Assistance recipients residing in special care units or in-home living arrangements with a diagnosis of Alzheimer's disease or dementia shall be one thousand five hundred fifteen dollars ($1,515) per month per resident. This rate shall be adjusted on January 1, 2023, and each January 1 thereafter, using the federally approved Social Security cost-of-living adjustment effective for the applicable year.

Amended by 2022 N.C. Sess. Laws 74,s. 9A.1-a, eff. 7/11/2022.

Amended by 2021 N.C. Sess. Laws 180,s. 9A.3A-b, eff. 7/1/2022.

Effective Date - Contingent Expiration: Section 9A.3A.(d) of 2021 N.C. Sess. Laws 180 provides: "Subsections (b), (c), and (e) of this section become effective on July 1, 2022, or 30 days after the date that all of the following have occurred, whichever is later:

(1) Both the SSA and CMS have approved the applications submitted by the Department of Health and Human Services pursuant to subsection (a) of this section.

(2) CMS has approved the use of savings arising from the enhanced federal medical assistance percentage (FMAP) for home and community-based services available to the State under section 9817(a) of the American Rescue Plan Act of 2021 (ARPA), P.L. 117-2, for both of the expenditures identified in subsection (e) of this section.

The Secretary of the Department of Health and Human Services shall report to the Revisor of Statutes when both the SSA and CMS approvals are obtained and the date of the approval. Subsections (b), (c), and (e) of this section shall not become effective if either the SSA or CMS disapproves the applications submitted by the Department of Health and Human Services pursuant to subsection (a) of this section or if CMS disapproves the use of the savings arising from the enhanced FMAP for home and community-based services under ARPA for either of the expenditures identified in subsection (e) of this section. If, by June 30, 2023, the Department of Health and Human Services has not received (i) notification of application approval from both the SSA and CMS pursuant to subsection (a) of this section and (ii) notification from CMS of approval for the use of the savings from the enhanced FMAP for either of the expenditures identified in subsection (e) of this section, then subsections (b), (c), and (e) of this section shall expire."