The following definitions apply in this section:

(1) Asset. – Resources and income.

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Terms Used In North Carolina General Statutes 58-55-55

  • Applicant: means :

    a. See North Carolina General Statutes 58-55-20

  • 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
  • Long-term care insurance: includes :

    a. See North Carolina General Statutes 58-55-20

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Policy: means any policy, contract, certificate, subscriber agreement, rider, or endorsement delivered or issued for delivery in this State by an insurer, fraternal benefit society, nonprofit health, hospital or medical service corporation, prepaid health plan, health maintenance organization, or any similar organization. See North Carolina General Statutes 58-55-20

(2) Department. – The Department of Health and Human Services.

(3) Division. – The Division of Health Benefits.

(4) Estate recovery. – The placing of a statutory claim on the estate of a deceased Medicaid recipient, as provided by N.C. Gen. Stat. § 108A-70.5

(5) Medicaid. – The federal medical assistance program established under Title XIX of the Social Security Act.

(6) Qualified long-term care partnership policy or qualified policy. – A long-term care insurance policy approved for use in North Carolina and that meets all the requirements of the federal Deficit Reduction Act of 2005, P.L. 109-171.

(7) Resource. – Cash or its equivalent and real or personal property that is available to an applicant or recipient.

(8) Resource disregard. – The amount of resources of an applicant for long-term care Medicaid that is equal to the amount of benefits paid to the applicant under a qualified long-term care partnership policy.

(9) Resource protection. – An amount equal to the resource disregard given to a Medicaid recipient during the long-term care Medicaid eligibility determination process. (2010-68, s. 4; 2019-81, s. 15(a).)