All of the provisions of the federal Social Security Act providing grants to the states for medical assistance are accepted and adopted, and the provisions of this Part shall be liberally construed to effectuate compliance with the act, except to the extent the applicability of federal law or rules have been waived by agreement between the State and the U.S. Department of Health and Human Services. Nothing in this Part or the regulations made under its authority shall be construed to deprive a recipient of assistance of the right to choose the licensed provider of the care or service made available under this Part within the provisions of the federal Social Security Act, or valid waiver agreement. This section shall not be construed to prohibit a PHP from (i) requiring its enrollees to obtain services from providers that are under contract with the PHP or (ii) imposing utilization management criteria to a request for services, to the extent these actions are not otherwise prohibited by State or federal law or regulation, or by the Department. (1965, c. 1173, s. 1; 1969, c. 546, s. 1; 1981, c. 275, s. 1; 2019-81, s. 4.)
Notes of Decisions
Andrews Ex Rel. Andrews v. Haygood, 669 S.E.2d 310 (N.C. 2008).
· cites it 2× “§ 108A-56 (2005). In my view, the majority's interpretation runs contrary to this directive by risking violations of the federal anti-lien provisions, which would render our State out of compliance with Medicaid requirements and thereby jeopardize the funding our State receives.”
Lackey v. North Carolina Dep't of Human Resources, 293 S.E.2d 171 (N.C. 1982).
“G.S. 108A-56 (formerly G.S. 108-61). The federal judiciary has amassed a substantial body of case law interpreting the disability provisions of the Social Security Act and the regulations promulgated thereunder.”
N.C. Dep't of Health & Human Servs. v. Parker Home Care, LLC, 784 S.E.2d 552 (N.C. Ct. App. 2016).
· cites it 2× “" In recognition of the requirement that state Medicaid programs must comply with federal Medicaid regulations, N.C. Gen.Stat. § 108A-56 provides in relevant part that "[a]ll of the provisions of the federal Social Security Act providing grants to the states for medical…”
Mccartney Ex Rel. Mccartney v. Cansler, 608 F. Supp. 2d 694 (E.D.N.C. 2009).
· cites it 2× “§ 1396a (imposing standards for participation in federal Medicaid program); N.C. Gen.Stat. § 108A-56 (accepting and adopting provisions of Medicaid Act); Antrican, 290 F.”
Williford v. N.C. Dep't of Health & Human Servs., 792 S.E.2d 843 (N.C. Ct. App. 2016).
· cites it 2× “§ 108A-56 (2015) states in relevant part that "[a]ll of the provisions of the federal Social Security Act providing grants to the states for medical assistance are accepted and adopted, and the provisions of this Part shall be liberally construed in relation to such act so that…”
N.C. Dep't Of Health & Hum. Servs. v. Parker Home Care (N.C. Ct. App. 2016).
“§ 108A-56 provides in relevant part that “[a]ll of the provisions of the federal Social Security Act providing grants to the states for medical assistance are accepted and adopted, and the provisions of this Part shall be liberally construed in relation to such act so that the…”
Div. Of Med. Assistance v. Parker Home Care (N.C. Ct. App. 2016).
“§ 108A-56 provides in relevant part that “[a]ll of the provisions of the federal Social Security Act providing grants to the states for medical assistance are accepted and adopted, and the provisions of this Part shall be liberally construed in relation to such act so that the…”
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