Bill Summary for S 93 (2021-2022)

Summary date: 

Mar 9 2021

Bill Information:

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.

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Bill 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.

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