Orange County NC Website
29 <br /> in Individual Development Accounts shall not be counted as assets in the Work First <br /> Program. <br /> Section 12.17. (a) Notwithstanding any other provision of law, 'oe2inninz <br /> October 1, 1997, each county shall dedicate the full return to the county fer .AFDC <br /> and Work First Cash Assistance benefit amount that was determined fraudulent or <br /> erroneous and recovered by that county pursuant to the AFDC Fraud Controi <br /> Program to enhance and improve program integrity. <br /> �b) The return to the county shall be detened as follows: <br /> rmi <br /> 1) For collections relative to AFDC or Work First cash assistance <br /> payments made prior to January 1, 1997, the return shall be equal <br /> to the county's distributive share and one-half of the Scate's <br /> distributive share of the total AFDC and Work First cash <br /> assistance benefits recovered. <br /> (2) For collections relative to Work First cash assistance benefits paid <br /> on or after January 1, 1997, the return shall be equal to seventy- <br /> five percent (75%) of the total amount recovered. <br /> (c) The Department of Health and Human Services shall ensure that <br /> persons charged with, or suspected of, AFDC or Work First fraud not be subjected to <br /> any of the following: -- <br /> �1 Coercion; <br /> 2� Discrimination in targeting persons for civil action, or criminal <br /> prosecution; or <br /> (3) Civil investigation or civil action without being (i) properly <br /> informed as to those matters that might arise out of the <br /> investi ation, or action that might result in criminal prosecution <br /> and (iI in such a case, being property advised of their right not to - <br /> _ incriminate themselves. - <br /> Section 12.18. (a) There is established a Joint Legislative Public <br /> Assistance Commission. The Joint Legislative Public Assistance Commission shall <br /> perform the duties and functions provided in this_Part, shall monitor implementation <br /> of the provisions of this Part, and shall-make any necessary recommendations to the <br /> General Assembly-regarding any-further changes to law-or-mle—TLhe_Speaker of'the-, - <br /> House of Representatives shall appoint 10 members, two of whom shall be cochairs, <br /> and the President Pro Tempore of the Senate shall appoint 10 members, two of <br /> whom shall be cochairs. The Joint Legislative Public Assistance Commission shall <br /> first convene within 30 days after this part becomes law. <br /> (b) The Department shall report any changes made to the State Plan to <br /> the Joint Legislative Public Assistance Commission within 60 days after the change. <br /> Section 12.19. The Legislative Research Commission may study issues <br /> relating to the Medical Assistance Program and the State-County Special Assistance <br /> Program, including the following: the need for further restrictions and longer periods <br /> of disqualification for the transfer of property for purposes of qualifying for medical <br /> assistance and State-County Special Assistance, and appropriate recovery from <br /> recipient estates of benefits paid by the Medical Assistance Program and the State- <br /> County Special -Assistance Program. The Legislative Research Commission may <br /> report the results of its study, along with any legislative proposals and cost_analyses, <br /> to the 1998 General Assembly. <br /> Section 12.20. (a) Qunties desiring to be designated as Electing <br /> Counties shall submit a request in writing to the Department of Health and Human <br /> Services not later than October 31, 1997. The Department shall notify Electing <br /> Counties not later than November 15, 1997. <br /> (b) The requirement that the Department prepare and submit the State <br /> Plan to the General Assembly for approval in accordance with the procedures set <br />