ASSISTING NC FAMILIES IN CRISIS.

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View NCGA Bill Details2021
Senate Bill 93 (Public) Filed Monday, February 15, 2021
AN ACT TO ALLOW PARENTS TO RETAIN MEDICAID ELIGIBILITY WHILE THEIR CHILD IS TEMPORARILY SERVED BY THE FOSTER CARE SYSTEM.
Intro. by Britt, Burgin, Krawiec.
Status: Re-ref Com On Appropriations/Base Budget (Senate action) (Mar 9 2021)

SOG comments (1):

Long title change

Submitted by jhenders@sog.unc.edu on

Senate committee substitute to the second edition changed the long title. Previous long title was AN ACT TO ALLOW PARENTS UNDERGOING COURT-ORDERED SUBSTANCE ABUSE OR OTHER MENTAL HEALTH DISORDER TREATMENT OR COUNSELLING TO RETAIN MEDICAID ELIGIBILITY WHILE THEIR CHILD IS TEMPORARILY SERVED BY THE FOSTER CARE PROGRAM.

Bill History:

S 93

Bill Summaries:

  • Bill S 93 (2021-2022)
    Summary date: Mar 9 2021 - View Summary

    Senate committee substitute amends the 2nd edition as follows. 

    Modifies the proposed changes to Section 9A of SL 2015-245, as enacted by Section 2 of SL 2016-121, concerning the implementation of plans to transform the Medicaid and NC Health Choice Programs. Currently, Section 9A authorizes the Department of Health and Human Services (DHHS) to seek approval from the Centers for Medicare & Medicaid Services (CMS) through the demonstration waiver application pursuant to Section 1115 of the Social Security Act, or other waivers and State Plan amendments to implement the act, in order to allow parents to retain Medicaid eligibility while their child is being served temporarily by the foster care program. Amends the provisions to require DHHS to seek approval from CMS through the 1115 waiver required by the act, or another federal authority (was another 1115 waiver), to allow a parent (rather than parents) to retain Medicaid eligibility when three criteria are met, as follows. Requires the parent to have lost custody of the child under Subchapter I of GS Chapter 7B (Abuse, Neglect, Dependency). Requires that the child is being served temporarily by the foster care system, regardless of the type of out-of-home placement. Requires that the parent is making reasonable efforts to comply with a court-ordered plan of reunification, as determined by DHHS (the previous edition's criteria included that the parents are participating in, and making reasonable efforts to comply with, a court-ordered substance use disorder or other mental health disorder treatment program or counselling while their child is being served temporarily by the foster care program). 

    Makes similar changes to the proposed new category for Medicaid eligibility under GS 108A-54.3A. Now requires coverage for a parent who has qualified under the family eligibility categories and income levels of subdivisions (1) and (2) who meets four criteria as follows. Requires the parent to have lost custody of the child under Subchapter I of GS Chapter 7B. Requires that the child is temporarily in the legal custody of State-sponsored foster care or temporarily receiving foster care assistance under Title IV-E of the Social Security Act. Requires that the parent is making reasonable efforts to comply with a court-ordered plan of reunification, as determined by DHHS. Requires the parent to continue to meet the family income requirements of subdivisions (1) and (2) (the previous edition's criteria included that the parent be participating in a court-ordered substance use disorder or other mental health disorder treatment program or counselling and has one or more children that are temporarily in the legal custody of a State-sponsored foster care or temporarily receiving foster care assistance under Title IV-E of the Social Security Act). 

    Maintains the act's effective date provisions. Changes the act's long title.

    Government, State Agencies, Department of Health and Human Services, Health and Human Services, Health, Health Insurance, Mental Health, Social Services, Child Welfare, Public Assistance
    GS 108A
  • Bill S 93 (2021-2022)
    Summary date: Mar 3 2021 - View Summary

    Senate committee substitute amends the 1st edition as follows. 

    Changes the effective date provisions of the proposed changes as follows.

    Now conditions the proposed changes to Section 9A of SL 2015-245, as amended by Section 2 of SL 2016-121, concerning the implementation of plans to transform the Medicaid and NC Health Choice Programs, on the legislative appropriation of funds for the implementation of Medicaid coverage described in the proposed changes which allow parents to retain Medicaid eligibility if they are participating in, and making reasonable efforts to comply with, a court-ordered substance use disorder or other mental health disorder treatment program or counselling while their child is being served temporarily by the foster care program.

    Concerning the related proposed changes to establish a new category for Medicaid coverage for such parents under GS 108A-54.3A, makes the provisions effective upon the Centers for Medicare and Medicaid Services (CMS) approval of a 1115 waiver, as required to be obtained by the act, and upon the effective date of the coverage allowed by CMS (previously, and upon the date allowed by CMS). Adds a new provisions to sunset the provision if CMS approval is not granted by June 30, 2023.

    Government, State Agencies, Department of Health and Human Services, Health and Human Services, Health, Health Insurance, Mental Health, Social Services, Child Welfare, Public Assistance
    UNCODIFIED, GS 108A
  • Bill S 93
    Summary date: Feb 15 2021 - View Summary

    Amends Section 9A of SL 2015-245, as enacted by Section 2 of SL 2016-121, concerning the implementation of plans to transform the Medicaid and NC Health Choice Programs. Currently, Section 9A authorizes the Department of Health and

    Human Services (DHHS) to seek approval from the Centers for Medicare & Medicaid Services (CMS) through the demonstration waiver application pursuant to Section 1115 of the Social Security Act, or other waivers and State Plan amendments to implement the act, in order to allow parents to retain Medicaid eligibility while their child is being served temporarily by the foster care program. Amends the provisions to require DHHS to seek approval from CMS through the 1115waiver required by the act, or another 1115 waiver, to allow parents to retain Medicaid eligibility who are participating in, and making reasonable efforts to comply with, a court-ordered substance use disorder or other mental health disorder treatment program or counselling while their child is being served temporarily by the foster care program. Eliminates the statement of legislative intent to expand Medicaid eligibility to cover this population upon implementation of the 1115 waiver, if approved by CMS.

    Makes related changes to GS 108A-54.3A, which sets forth eligibility categories and income thresholds for Medicaid coverage. Adds a new category to require coverage for a parent who has qualified under the family eligibility categories and income levels of subdivisions (1) and (2) who are participating in a court-ordered substance use disorder or other mental health disorder treatment program or counselling and has one or more children that are temporarily in the legal custody of a State-sponsored foster care or temporarily receiving foster care assistance under Title IV-E of the Social Security Act. Requires maintaining the income requirements specified to retain Medicaid eligibility under the new subdivision. Makes these provisions effective upon CMS granting approval of a 1115 waiver, as required to be obtained by the act, and upon the date CMS allows.

    Government, State Agencies, Department of Health and Human Services, Health and Human Services, Health, Health Insurance, Mental Health, Social Services, Child Welfare, Public Assistance
    UNCODIFIED, GS 108A
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