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  • Summary date: Feb 25 2021 - View Summary

    Enacts GS 135-48.37B, applicable to individuals no longer employed by an employing unit and to whom either (1) an overpayment or erroneous payment of benefits, claims, or other amounts has been paid on behalf of the individual or individual's dependents by the State Health Plan for Teachers and State Employees (SHP) and the amount owed has not been repaid or (2) unpaid premiums are owed by the individual for coverage provided by the SHP to the individual or individual's dependent. Requires 30 days' notice of the amounts owed and opportunity for the individual to repay the amounts or enter into an approved payment plan. Deems subject to attachment and garnishment and collectible intangible property belonging, owed, or transferred to the individual under circumstances that permit it to be levied if it were tangible property. Defines intangible property to include bank deposits, rent, salaries, wages, property held in the Escheat Fund, and any other property incapable of manual levy or delivery. Details procedure for attachment and garnishment of intangible property not in the possession of the individual. Provides for notice to a financial institution after 30 days' notice to the individual and accounting of intangible property of an individual held by the financial institution. Caps attachment and garnishment of an individual's wages and salary at 10%, including public employees. Requires notice to the garnishee prior to attachment and garnishment, as specified. Provides for action or response by the garnishee or noticed financial institution, including conferencing following a response. Specifies that the statute does not limit other judicial remedies. Applies to notices of amounts due sent by the SHP on or after October 1, 2021.

    Enacts GS 135-48.37C to mandate repayment to the SHP for any payments of claims to a provider later determined to be an overpayment, an erroneous payment, or an ineligible amount, notwithstanding any agreement between a Claims Processor and the provider, or any other provision of law. Charges the Claims Processor who paid the amounts owed to the SHP with recovering the amounts owed by all commercially reasonable mechanisms, with the Claims Processor responsible for paying any amounts that cannot be recovered within one year from the date the claim was paid. Prohibits the Claims Processor from forgiving any amount due under the statute. Applies to claims paid on or after the date the act becomes law.