§ 58-51-116. ERISA plans may not require Medicaid to pay first. - North Carolina Statutes

§ 58‑51‑116. ERISA plans may not require Medicaid to pay first.

An employee benefit plan asdefined in ERISA shall not include any provision which, because an individualis provided or is eligible for benefits or service pursuant to a State planunder Title XIX of the Social Security Act (Medicaid), has the effect oflimiting or excluding coverage or payment for any health care for thatindividual under the terms of the employee benefit plan, provided that theindividual is one who would otherwise be covered or entitled to benefits orservices under the employee benefit plan. (1993, c. 321, s. 238.1; 2001‑446, s. 4.3.)