Bill Summary for S 367 (2015-2016)

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Summary date: 

Apr 21 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 367 (Public) Filed Monday, March 23, 2015
AN ACT TO ENACT THE ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) ACT.
Intro. by Barringer, Hise, Apodaca.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Changes the short title.

Changes the number of the proposed section from GS 116-209.25A to GS 147-86.5. Provides that the ABLE Trust Fund is to be administered by the State Treasurer. Makes conforming changes reflecting this change. Adds provision clarifying that, as provided in federal law, upon the death of a designated beneficiary the State has a claim for payment from the beneficiary's account equal to the amount of medical assistance paid. Requires the State Treasurer to provide notice of a beneficiary's death, within 15 days of the State Treasurer receiving notice, to the Department of Health and Human Services (DHHS). Provides that notice of the State's right to file a claim against the estate following the death of a designated beneficiary must be provided to the account owner, as specified.

Requires DHHS to provide information and assistance to the State Treasurer to establish and implement this act. Authorizes the State Treasurer and DHHS to adopt rules for the implementation of this act.