§ 122C-146. Uniform co-payment schedule. - North Carolina Statutes

§ 122C‑146.  Uniform co‑paymentschedule.

(a)        The LME and itscontractual provider agencies shall implement the co‑payment schedulebased on family income adopted by the Secretary under G.S. 122C‑112.1(a)(34).The LME is responsible for determining the applicability of the co‑paymentto individuals authorized by the LME to receive services. An LME that providesservices and its contractual provider agencies shall also make every reasonableeffort to collect appropriate reimbursement for costs in providing theseservices from individuals or entities able to pay, including insurance andthird‑party payments. However, no individual may be refused servicesbecause of an inability to pay.

(b)        Individuals may notbe charged for free services, as required in "The Amendments to theEducation of the Handicapped Act", P.L. 99‑457, provided to eligibleinfants and toddlers and their families. This exemption from charges does notexempt insurers or other third‑party payors from being charged forpayment for these services, if the person who is legally responsible for anyeligible infant or toddler is first advised that the person may or may notgrant permission for the insurer or other payor to be billed for the freeservices.

(c)        All funds collectedfrom co‑payments for LME operated services shall be used to provideservices to individuals in targeted populations.

The collection of co‑paymentsby an LME that provides services may not be used as justification for reductionor replacement of the budgeted commitment of local tax revenue. All fundscollected from co‑payments by contractual provider agencies shall be usedto provide services to individuals in targeted populations. (1977, c. 568, s. 1; 1979, c.358, s. 16; 1985, c. 589, s. 2; 1989 (Reg. Sess., 1990), c. 1003, s. 4; 1991,c. 215, s. 2; 1993, c. 487, s. 3; c. 553, s. 36; 2007‑410, s. 1.)