AN ACT TO ALLOW THE NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES TO ADOPT A PROGRAM TO INCENTIVIZE PLAN MEMBERS TO REPORT ACTIVITIES SUCH AS FRAUD, WASTE, AND ABUSE BY HEALTH CARE PROVIDERS PROVIDING SERVICES TO PLAN MEMBERS AND TO ESTABLISH GOVERNING STANDARDS FOR PROPERTY FINDERS. SL 2021-157. Enacted Sept. 16, 2021. Effective Sept. 16, 2021, except as otherwise provided.
SHP COMBAT FRAUD/PROPERTY FINDERS STNDS. (NEW)
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View NCGA Bill Details | 2021 |
AN ACT TO ALLOW THE NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES TO ADOPT A PROGRAM TO INCENTIVIZE PLAN MEMBERS TO REPORT ACTIVITIES SUCH AS FRAUD, WASTE, AND ABUSE BY HEALTH CARE PROVIDERS PROVIDING SERVICES TO PLAN MEMBERS AND TO ESTABLISH GOVERNING STANDARDS FOR PROPERTY FINDERS.Intro. by Burgin.
Bill History:
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Mon, 5 Apr 2021 Senate: Filed
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Mon, 5 Apr 2021 Senate: Filed
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Tue, 6 Apr 2021 Senate: Passed 1st Reading
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Tue, 6 Apr 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Tue, 6 Apr 2021 Senate: Passed 1st Reading
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Tue, 6 Apr 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Tue, 13 Apr 2021 Senate: Withdrawn From Com
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Tue, 13 Apr 2021 Senate: Withdrawn From Com
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Thu, 29 Apr 2021 Senate: Reptd Fav
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Thu, 29 Apr 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Thu, 29 Apr 2021 Senate: Reptd Fav
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Thu, 29 Apr 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 4 May 2021 Senate: Reptd Fav
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Tue, 4 May 2021 Senate: Reptd Fav
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Tue, 4 May 2021 Senate: Reptd Fav
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Wed, 5 May 2021 Senate: Passed 2nd Reading
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Wed, 5 May 2021 Senate: Passed 3rd Reading
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Wed, 5 May 2021 Senate: Passed 2nd Reading
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Wed, 5 May 2021 Senate: Passed 3rd Reading
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Thu, 6 May 2021 Senate: Regular Message Sent To House
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Thu, 6 May 2021 House: Regular Message Received From Senate
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Thu, 6 May 2021 Senate: Regular Message Sent To House
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Thu, 6 May 2021 House: Regular Message Received From Senate
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Mon, 10 May 2021 House: Passed 1st Reading
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Mon, 10 May 2021 House: Ref To Com On Rules, Calendar, and Operations of the House
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Mon, 10 May 2021 House: Passed 1st Reading
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Mon, 10 May 2021 House: Ref To Com On Rules, Calendar, and Operations of the House
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Mon, 14 Jun 2021 House: Withdrawn From Com
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Mon, 14 Jun 2021 House: Withdrawn From Com
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Tue, 22 Jun 2021 House: Reptd Fav Com Substitute
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Tue, 22 Jun 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Tue, 24 Aug 2021 House: Reptd Fav
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Tue, 24 Aug 2021 House: Cal Pursuant Rule 36(b)
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Tue, 24 Aug 2021 House: Added to Calendar
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Tue, 24 Aug 2021 House: Passed 2nd Reading
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Tue, 24 Aug 2021 House: Passed 3rd Reading
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Wed, 25 Aug 2021 House: Regular Message Sent To Senate
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Wed, 25 Aug 2021 Senate: Regular Message Received For Concurrence in H Com Sub
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Wed, 25 Aug 2021 Senate: Placed On Cal For 08/26/2021
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Thu, 26 Aug 2021 Senate: Failed Concur In H Com Sub
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Mon, 30 Aug 2021 Senate: Conf Com Appointed
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Tue, 31 Aug 2021 House: Conf Com Appointed
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Wed, 1 Sep 2021 House: Conf Com Reported
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Wed, 1 Sep 2021 House: Added to Calendar
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Wed, 1 Sep 2021 House: Conf Report Adopted
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Wed, 1 Sep 2021 Senate: Conf Com Reported
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Wed, 1 Sep 2021 Senate: Placed on Today's Calendar
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Wed, 1 Sep 2021 Senate: Conf Report Adopted
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Wed, 1 Sep 2021 Senate: Ordered Enrolled
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Fri, 3 Sep 2021 Senate: Ratified
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Tue, 7 Sep 2021 Senate: Pres. To Gov. 9/7/2021
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Thu, 16 Sep 2021 Senate: Signed by Gov. 9/16/2021
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Thu, 16 Sep 2021 Senate: Ch. SL 2021-157
Bill Summaries:
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Bill S 542 (2021-2022)Summary date: Sep 16 2021 - View SummaryCourts/Judiciary, Civil, Civil Law, Development, Land Use and Housing, Property and Housing, Employment and Retirement, Government, State Agencies, Department of State Treasurer, State Government, State Personnel, Health and Human Services, Health, Health Care Facilities and Providers, Health Insurance
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Bill S 542 (2021-2022)Summary date: Sep 1 2021 - View Summary
Conference report amends the 2nd edition as follows.
Amends the proposed language in GS 135-48.15, to limit the incentives under a State Health Plan program to encourage its members to report specified activities related to fraud, misappropriation, waste, and abuse by a health care provider, to the lesser of $500 or a maximum of 20% of any net recovery made by the Plan resulting from the member report (was, the lesser of $500 or a maximum of 2% of any net recovery made by the Plan resulting from the member report).
Courts/Judiciary, Civil, Civil Law, Development, Land Use and Housing, Property and Housing, Employment and Retirement, Government, State Agencies, Department of State Treasurer, State Government, State Personnel, Health and Human Services, Health, Health Care Facilities and Providers, Health Insurance
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Bill S 542 (2021-2022)Summary date: Jun 22 2021 - View Summary
House committee substitute to the 1st edition makes the following changes.
Amends the proposed language in GS 135-48.15, to limit the incentives under a State Health Plan program to encourage its members to report specified activities related to fraud, misappropriation, waste, and abuse by a health care provider, to the lesser of $500 or a maximum of 2% of any net recovery made by the Plan resulting from the member report (was, limited to up to 2% of any net recovery made by the SHP resulting from the member report).
Adds the following content, effective January 1, 2022.
Amends GS 28A-4-2 to specify that a person who is employed by, acts as an agent for, serves as legal counsel for, or conducts business with a property finder (as defined in GS 116B-52) who has entered into an agreement subject to GS 16B-78 to locate the estate property defined by the agreement cannot serve as a personal representative.
Amends GS 28A-9-1 by expanding the grounds upon which letters, letters of administration, or letters of collection may be revoked to include when the person to whom they were issued is employed by, acts as an agent for, or conducts business in a contractual capacity with a property finder, as defined, who has entered into an agreement subject to GS 116B-78 to locate the estate property defined by the agreement.
Amends GS 28A-22-11 to make any agreement by an heir, unknown or known but unlocated, the primary purpose of which is to locate or recover, or assisting in the recovery of, a share in a decedent's estate subject to Article 4 of GS Chapter 116B (North Carolina Unclaimed Property Act) instead of only GS 116B-78 (governing an agreement to locate property).
Amends GS 116B-52 to define property finder to mean an individual or business entity, incorporated or otherwise, who, for fee or any other consideration, seeks to locate, deliver, recover, or assist in the recovery of property distributable to the owner or presumed abandoned.
Amends GS 116B-78 (agreement to locate property) by expanding upon the conditions under which an agreement is void and unenforceable to also include when an agreement involves a property finder, as defined, or any individual who acts as an agent for, serves as legal counsel for, or conducts business in any contractual capacity with a property finder and the individual is also appointed as the personal representative of the owner or purported owner's estate. Makes additional conforming and clarifying changes. Specifies that agreements deemed void for not meeting the specified criteria are also unenforceable. Adds to the criteria that must be met in order for an agreement to not be void and unenforceable, to require agreements with heirs to include a certification that the personal representative is not a person who is employed by, acts an agent for, serves as legal counsel for, or conducts business in any contractual capacity with a property finder, who has entered into an agreement to locate property defined by the agreement. Requires property finders (was, persons entering into an agreement with an owner) to register each calendar year with the Treasurer.
Enacts new GS 116B-78.1 regulating property finders as follows. Requires property finders to be licensed as private investigators by the Private Protective Services Board under GS Chapter 74C. Prohibits property finders from initiating a claim with the Treasurer before being registered as a property finder or before being licensed as a private investigator. Allows denying registration for up to a year for failing to comply. Prohibits initiating a claim with the Treasurer before obtaining a valid agreement with an owner or apparent owner and allows suspending registration for up to one year for noncompliance. Allows suspending registration for up to one year when a property finder enters into an agreement to locate property that does not comply with GS 116B-78. Prohibits a property finder with a suspended registration from conducting business with the Unclaimed Property Division and requires any pending or potential claims to be denied during any period of suspension.
Makes conforming changes to the act's titles.
Courts/Judiciary, Civil, Civil Law, Development, Land Use and Housing, Property and Housing, Employment and Retirement, Government, State Agencies, Department of State Treasurer, State Government, State Personnel, Health and Human Services, Health, Health Care Facilities and Providers, Health Insurance
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Bill S 542 (2021-2022)Summary date: Apr 6 2021 - View Summary
Adds the following to GS 135-48.15, which establishes State policies regarding reporting to the State Health Plan for Teachers and State Employees (SHP), Attorney General, or other appropriate authority any evidence of activity related to the SHP involving any violation of State or federal law, rule, or regulation; fraud; misappropriation of State resources; or gross mismanagement, a gross waste of monies, or gross abuse of authority. Authorizes the State Treasurer to adopt rules to assist in the identification and investigation of the described activities undertaken by a health care provider that provides services to SHP members. Requires the SHP, if it adopts a program to encourage its members to report these activities, to expend State funds in furtherance of the policy objectives and adopt rules to offer an incentive for SHP members of up to 2% of any net recovery made by the SHP resulting from the member report.
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Bill S 542 (2021-2022)Summary date: Apr 5 2021 - View Summary
To be summarized.
House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO ALLOW THE NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES TO ADOPT A PROGRAM TO INCENTIVIZE PLAN MEMBERS TO REPORT ACTIVITIES SUCH AS FRAUD, WASTE, AND ABUSE BY HEALTH CARE PROVIDERS PROVIDING SERVICES TO PLAN MEMBERS.