Agenda - 08-30-2007-4 - Laserfiche WebLink

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SL2007-0323 Page 257 of 272 - - - „ SECTION 31.16.1.(d) Subsection (a) of this section becomes effective October 1, 2007, and applies to Medicaid claims paid by the State on or after that date and ends with claims paid by the State through May 31, 2008. Subsection (b) of this section becomes effective June 1, 2008, and applies to Medicaid claims paid by the State on or after that date and ends with claims paid by the State through May 31, 2009. Subsection (c) of this section becomes effective June 1, 2009, and a plies to Medicaid claims paid by the State on or after that date. SECTTION 31.16.2.(a) ADM Funding Adjustment. -Notwithstanding G.S. 115C-546.2 (a), the amount that would otherwise be allocated to counties under that subsection for fiscal year 2007-2008 from the Public School Building Capital Fund is reduced as follows: (1) If the amount of a county's Medicaid payments that are assumed by the State for fiscal year 2007-2008 under Section 31.16.1.(a) of this act exceeds the allocation the county would receive under this section based on its per average daily membership, the amount of the county's allocation from the Fund is reduced by sixty ppercent (60%) of the amount the county would receive based on its average daily membership. (2) If the amount of a county's Medicaid payments that are assumed by the State for fiscal year 2007-2008 under Section 31.16.1.(a) of this act does not exceed the allocation the county would receive tinder this section based on its per average daily membership, the amount of the county's allocation from the Fund is reduced by an amount e ual to sixty percent (60%) of the couunty's Medicaid payments that are assumed~y the State for fiscall year 2007-2008. SECTION 31.16.2.(b) Restriction. - In fiscal year 2007-2008, a county must use a portion of the revenue that is available to it, as a result of the assumpption by the State of part of the county's Medicaid payments, for the purposes set out in G.S. 115C-546.2(b). The portion that must be used for these purposes is an amount equal to the difference between what the county would receive under G S. 115C-546.2(a) based on its per average daily membership and the adjusted amount it receives under subsection (a) of this section. SECTION 31.16.2.(c) County Hold Harmless. - If the amount of the county's Medicaid costs and Medicare Part D clawbaclc payments assumed by the State for fiscal year 2007-2008, less the amount by which the county's ADM funding is reduced under subsection (a) of this section, does not equal or exceed five hundred thousand dollars ($500,000), the State must reimburse the county for the difference, but not less than one hundred dollars ($100.00). The Secretary of the Department of Health and Human Services must certify to the Secretary of Revenue the amount of the county's Medicaid costs and Medicare Part D c awbaclc payments assumed by the State under section 31.16.1.(a) of this act. To obtain the revenue for the hold harmless distribution, the Secretary of Revenue must withhold from sales and use tax collections under Article 5 of this Chapter the amount needed to make the hold harmless payments. The Secretary of Revenue must estimate a county's hold harmless amount and send the county ninety percent (90%) of the estimated amount with the sales tax distribution made under G.S. 105-472 for March of 2008. At the end of the 2007-2008 fiscal year, the Secretary must determine the county's actual hold harmless amount for the 2007-2008 fiscal year and send the remainder of the county's hold harmless amount to the county by August 15, 2008. SECTION 31.16.2.(d) This section is effective when it becomes law. Subsections (a) and (b) of this section apply to allocations from the Public School Building Capital Fund for fiscal year 2007-2008.. SECTION 31.16.3.(a) Notwithstanding the provisions of Article 44 of Chapter 105 of the General Statutes that authorize one-half percent (1/2%) local sales and use taxes, the tax rate for a tax imposed under that Article for the period October 1, 2008, through September 30, 2009, is one-quarter percent (1/4%) rather than one-half percent (1/2%): A resolution enacted by a county under Article 44 before October 1, 2008, to levy one-half percent (1/2%) local sales and use tax is considered to be a resolution authorizing the levy of one-fourth percent (1/4%) local sales and use taxes under that Article, as amended by this section.