{"data":{"id":"us-nc/n.c.-gen.-stat.-108c-4","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 108C-4","heading":"Criminal history record checks for certain providers.","body":"(a)\tThe Department shall conduct criminal history records checks of provider applicants and enrolled providers in accordance with federal law and regulation.\n(b)\tThe 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.\n(c)\tThe Division may deny enrollment or terminate the enrollment of a provider subject to G.S. 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:\n(1)\tAny criminal offenses as set forth in any of the following Articles of Chapter 14 of the General Statutes:\na.\tArticle 5, Counterfeiting and Issuing Monetary Substitutes.\nb.\tArticle 5A, Endangering Executive, Legislative, and Court Officers.\nc.\tArticle 6, Homicide.\nd.\tArticle 7B, Rape and Other Sex Offenses.\ne.\tArticle 8, Assaults.\nf.\tArticle 10, Kidnapping and Abduction.\ng.\tArticle 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material.\nh.\tArticle 14, Burglary and Other Housebreakings.\ni.\tArticle 15, Arson and Other Burnings.\nj.\tArticle 16, Larceny.\nk.\tArticle 17, Robbery.\nl.\tArticle 18, Embezzlement.\nm.\tArticle 19, False Pretenses and Cheats.\nn.\tArticle 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means.\no.\tArticle 19B, Financial Transaction Card Crime Act.\np.\tArticle 20, Frauds.\nq.\tArticle 21, Forgery.\nr.\tArticle 26, Offenses Against Public Morality and Decency.\ns.\tArticle 26A, Adult Establishments.\nt.\tArticle 27, Prostitution.\nu.\tArticle 28, Perjury.\nv.\tArticle 29, Bribery.\nw.\tArticle 31, Misconduct in Public Office.\nx.\tArticle 35, Offenses Against the Public Peace.\ny.\tArticle 36A, Riots and Civil Disorders.\nz.\tArticle 39, Protection of Minors.\naa.\tArticle 40, Protection of the Family.\nbb.\tArticle 59, Public Intoxication.\ncc.\tArticle 60, Computer-Related Crime.\n(2)\tPossession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes.\n(3)\tAlcohol-related offenses such as sale to underage persons in violation of G.S. 18B-302.\n(4)\tDriving while impaired in violation of G.S. 20-138.1 through G.S. 20-138.5. (2011-399, s. 1; 2015-181, s. 47; 2022-74, s. 9D.15(l).)","path":["Chapter 108C. Medicaid Provider Requirements."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_108C/GS_108C-4.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:16:32Z","sha256":"8c21c2e16f4a2700f630ed346156fdba2f490cd675ecf4bb848ec7d5fa2cae2b","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-108c-3","next":"us-nc/n.c.-gen.-stat.-108c-5"},"notice":"GroundRules: Original legal text. Not legal advice."}