Bill Summary for H 299 (2017-2018)

Summary date: 

Jun 22 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 299 (Public) Filed Wednesday, March 8, 2017
Intro. by Dobson, Corbin, Clampitt, Henson.

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Bill summary

Senate committee substitute makes the following changes to the 2nd edition.

Amends GS 135-9 (Exemption from garnishment, attachment, etc.). Authorizes overpayment of benefits orerroneous payments to members in specified retirement and disability systems, including benefits paid to, or State Health Plan premiums or claims paid on behalf of, any member or beneficiary who is later determined to have been ineligible for those benefits or unentitled to those amounts, to be offset as currently authorized (this provision already exists in the statute, without the italicized language).

Amends GS 128-31 (Exemptions from execution). Makes changes identical to those in GS 135-9.

Amends GS 120-4.29. Currently, this statute contains a provision that is similar, but not identical, to the provisions discussed above. Amends that provision to make it identical with the above provisions, as amended (adds the Disability Income Plan of North Carolina to the specified retirement and disability systems, and includes benefits paid to, or State Health Plan premiums or claims described above, within the overpayments or erroneous payments).

Amends GS 127A-40. Provides that pensions for National Guard members are not subject to attachment, garnishments, or judgments against the member or former member entitled to them, nor are rights in the fund or pensions or benefits assignable, subject to exceptions within GS 110-136, and in connection with a court-ordered equitable distribution under GS 50-20. Adds a provision identical to the overpayment or erroneous payment offset provisions described above.

Amends proposed GS 135-48.16 (Fraud detection and audit programs). Provides that the plan's authority to examine and make copies of information under (a)(1) is to the extent it directly relates to a specific investigation or audit. Allows for confidentiality agreements with agencies providing documentation to the plan. Amends the information that may be accessed under (a)(2) to refer to the listed information relating to grants or contracts from the federal government that is administered by the State health Plan(italicized text was not in the 2nd edition). Requires authorized representatives assisting the State Health Plan Division Staff to have a HIPAA business associate agreement with the State Health Plan and enter into a HIPAA data sharing agreement with any vendor whose records they copy.

Deletes amendments to GS 135-48.5(a), GS 135-48.22, and GS 135-48.30(a).

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