NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 941

SENATE BILL 529

 

 

AN ACT TO AUTHORIZE THE DEPARTMENT OF HUMAN RESOURCES TO ASSUME THE COUNTY SHARE OF THE UNBUDGETED MEDICAID COSTS INCURRED FOR RESIDENTS OF STATE OPERATED INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED.

 

Whereas, the counties' share of the Medicaid expenditures incurred for residents of State operated intermediate care facilities for the mentally retarded during fiscal year 1978-79 exceeded the sum budgeted by the counties for this purpose; and

Whereas, it was through no fault on the part of the counties that their fiscal year 1978-79 Medicaid budgets for residents of State operated intermediate care facilities for the mentally retarded were exceeded by actual expenditures but rather was the result of State action amending the reimbursement plan and effectuating cost settlements for prior years as well as State law enacted in 1978 whereby the counties' share of the nonfederal costs of skilled nursing and intermediate care facilities was increased; Now, therefore,

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Department of Human Resources is hereby authorized to assume the county share of the unbudgeted Medicaid costs incurred for residents of State operated intermediate care facilities for the mentally retarded during fiscal year 1978-79. These unbudgeted county costs for intermediate care facilities for the mentally retarded include the additional expenditures that occurred because of the change in the State's method of reimbursement that retrospectively allowed reimbursement on the basis of allowable costs, and increased fiscal year 1976-77 and fiscal year 1977-78 cost settlements due to a removal of the forty dollar ($40.00) per day maximum rate of reimbursement. The State assumption of the unbudgeted county costs does not apply to cost settlements for fiscal year 1978-79.

Sec. 2.  The Department of Human Resources shall use as the source of funds to implement this act the sum of up to one million four hundred thirty-two thousand twenty-nine dollars ($1,432,029) in over realized receipts from State institutions for fiscal year 1978-79, if available, to assume the unbudgeted county costs.

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 8th day of June, 1979.