AN ACT TO ALLOW THE NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES TO ADOPT A PROGRAM TO INCENTIVIZE PLAN MEMBERS TO REPORT ACTIVITIES SUCH AS FRAUD, WASTE, AND ABUSE BY HEALTH CARE PROVIDERS PROVIDING SERVICES TO PLAN MEMBERS AND TO ESTABLISH GOVERNING STANDARDS FOR PROPERTY FINDERS.
House committee substitute to the 1st edition makes the following changes.
Amends the proposed language in GS 135-48.15, to limit the incentives under a State Health Plan program to encourage its members to report specified activities related to fraud, misappropriation, waste, and abuse by a health care provider, to the lesser of $500 or a maximum of 2% of any net recovery made by the Plan resulting from the member report (was, limited to up to 2% of any net recovery made by the SHP resulting from the member report).
Adds the following content, effective January 1, 2022.
Amends GS 28A-4-2 to specify that a person who is employed by, acts as an agent for, serves as legal counsel for, or conducts business with a property finder (as defined in GS 116B-52) who has entered into an agreement subject to GS 16B-78 to locate the estate property defined by the agreement cannot serve as a personal representative.
Amends GS 28A-9-1 by expanding the grounds upon which letters, letters of administration, or letters of collection may be revoked to include when the person to whom they were issued is employed by, acts as an agent for, or conducts business in a contractual capacity with a property finder, as defined, who has entered into an agreement subject to GS 116B-78 to locate the estate property defined by the agreement.
Amends GS 28A-22-11 to make any agreement by an heir, unknown or known but unlocated, the primary purpose of which is to locate or recover, or assisting in the recovery of, a share in a decedent's estate subject to Article 4 of GS Chapter 116B (North Carolina Unclaimed Property Act) instead of only GS 116B-78 (governing an agreement to locate property).
Amends GS 116B-52 to define property finder to mean an individual or business entity, incorporated or otherwise, who, for fee or any other consideration, seeks to locate, deliver, recover, or assist in the recovery of property distributable to the owner or presumed abandoned.
Amends GS 116B-78 (agreement to locate property) by expanding upon the conditions under which an agreement is void and unenforceable to also include when an agreement involves a property finder, as defined, or any individual who acts as an agent for, serves as legal counsel for, or conducts business in any contractual capacity with a property finder and the individual is also appointed as the personal representative of the owner or purported owner's estate. Makes additional conforming and clarifying changes. Specifies that agreements deemed void for not meeting the specified criteria are also unenforceable. Adds to the criteria that must be met in order for an agreement to not be void and unenforceable, to require agreements with heirs to include a certification that the personal representative is not a person who is employed by, acts an agent for, serves as legal counsel for, or conducts business in any contractual capacity with a property finder, who has entered into an agreement to locate property defined by the agreement. Requires property finders (was, persons entering into an agreement with an owner) to register each calendar year with the Treasurer.
Enacts new GS 116B-78.1 regulating property finders as follows. Requires property finders to be licensed as private investigators by the Private Protective Services Board under GS Chapter 74C. Prohibits property finders from initiating a claim with the Treasurer before being registered as a property finder or before being licensed as a private investigator. Allows denying registration for up to a year for failing to comply. Prohibits initiating a claim with the Treasurer before obtaining a valid agreement with an owner or apparent owner and allows suspending registration for up to one year for noncompliance. Allows suspending registration for up to one year when a property finder enters into an agreement to locate property that does not comply with GS 116B-78. Prohibits a property finder with a suspended registration from conducting business with the Unclaimed Property Division and requires any pending or potential claims to be denied during any period of suspension.
Makes conforming changes to the act's titles.
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