North Carolina General Statutes 20-145. When speed limit not applicable
(a) The Department shall conduct criminal history records checks of provider applicants and enrolled providers in accordance with federal law and regulation.
(b) The Division shall deny enrollment or terminate the enrollment of a provider where any person with a five percent (5%) or greater direct or indirect ownership interest in the provider has been convicted of a criminal offense related to that person’s involvement with the Medicare, Medicaid, or Health Choice program in the last 10 years, unless the Division determines that denial or termination of enrollment is not in the best interests of Medicaid and the State Medicaid agency documents that determination in writing. The Department shall honor civil and criminal settlement agreements entered into with a provider or any person with a five percent (5%) or greater direct or indirect ownership interest in the provider within 10 years of the effective date of this act.
(c) The Division may deny enrollment or terminate the enrollment of a provider subject to N.C. Gen. Stat. § 108C-3(g) for any of the following offenses of the provider, an owner and/or operator, or employee if, after review of the seriousness, age, and other circumstances involving the offense, the Division determines it is in the best interest of the integrity of Medicaid or Health Choice to do so: any criminal offenses as set forth in any of the following Articles of Chapter 14 of the N.C. Gen. Stat.: Article 5, Counterfeiting and Issuing Monetary Substitutes; Article 5A, Endangering Executive, Legislative, and Court Officers; Article 6, Homicide; Article 7B, Rape and Other Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretenses and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 19B, Financial Transaction Card Crime Act; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots and Civil Disorders; Article 39, Protection of Minors; Article 40, Protection of the Family; Article 59, Public Intoxication; and Article 60, Computer-Related Crime. The crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the N.C. Gen. Stat., and alcohol-related offenses such as sale to underage persons in violation of N.C. Gen. Stat. § 18B-302, or driving while impaired in violation of N.C. Gen. Stat. § 20-138.1 through N.C. Gen. Stat. § 20-138.5 ?(2011-399, s. 1; 2015-181, s. 47.)
? 108C-4.? (Effective once contingency met – see note) Criminal history record checks for certain providers.
(a) The Department shall conduct criminal history records checks of provider applicants and enrolled providers in accordance with federal law and regulation.
(b) The Division shall deny enrollment or terminate the enrollment of a provider where any person with a five percent (5%) or greater direct or indirect ownership interest in the provider has been convicted of a criminal offense related to that person’s involvement with the Medicare, Medicaid, or any Children’s Health Insurance Program in the last 10 years, unless the Division determines that denial or termination of enrollment is not in the best interests of Medicaid and the State Medicaid agency documents that determination in writing. The Department shall honor civil and criminal settlement agreements entered into with a provider or any person with a five percent (5%) or greater direct or indirect ownership interest in the provider within 10 years of the effective date of this act.
(c) The Division may deny enrollment or terminate the enrollment of a provider subject to N.C. Gen. Stat. § 108C-3(g) for any of the following offenses of the provider, an owner, an operator, or an employee if, after review of the seriousness, age, and other circumstances involving the offense, the Division determines it is in the best interest of the integrity of the North Carolina Medicaid program to do so:
(1) Any criminal offenses as set forth in any of the following Articles of Chapter 14 of the N.C. Gen. Stat.:
a. Article 5, Counterfeiting and Issuing Monetary Substitutes.
b. Article 5A, Endangering Executive, Legislative, and Court Officers.
c. Article 6, Homicide.
d. Article 7B, Rape and Other Sex Offenses.
e. Article 8, Assaults.
f. Article 10, Kidnapping and Abduction.
g. Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material.
h. Article 14, Burglary and Other Housebreakings.
i. Article 15, Arson and Other Burnings.
j. Article 16, Larceny.
k. Article 17, Robbery.
l. Article 18, Embezzlement.
m. Article 19, False Pretenses and Cheats.
n. Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means.
o. Article 19B, Financial Transaction Card Crime Act.
p. Article 20, Frauds.
q. Article 21, Forgery.
r. Article 26, Offenses Against Public Morality and Decency.
s. Article 26A, Adult Establishments.
t. Article 27, Prostitution.
u. Article 28, Perjury.
v. Article 29, Bribery.
w. Article 31, Misconduct in Public Office.
x. Article 35, Offenses Against the Public Peace.
y. Article 36A, Riots and Civil Disorders.
z. Article 39, Protection of Minors.
aa. Article 40, Protection of the Family.
bb. Article 59, Public Intoxication.
cc. Article 60, Computer-Related Crime.
(2) Possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the N.C. Gen. Stat..
(3) Alcohol-related offenses such as sale to underage persons in violation of N.C. Gen. Stat. § 18B-302
(4) Driving while impaired in violation of N.C. Gen. Stat. § 20-138.1 through N.C. Gen. Stat. § 20-138.5 (2011-399, s. 1; 2015-181, s. 47; 2022-74, s. 9D.15(l).)
Terms Used In North Carolina General Statutes 20-145
- Department: means the Department of Health and Human Services. See North Carolina General Statutes 20-137.6
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Operator: means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle. See North Carolina General Statutes 20-171.8
- Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, or any successor thereto. See North Carolina General Statutes 20-137.6
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3