Chapter 122C

This Chapter may be cited as the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985. (1985, c. 589, s. 2; 1989, c. 625, ss. 1, 2.)

The General Assembly finds that many consumers of mental health, developmental disabilities, and substance abuse services are uncertain about their rights and responsibilities and how to access the public service system to obtain appropriate care and treatment. The General Assemb…

Within the public system of mental health, developmental disabilities, and substance abuse services, there are area, county, and State facilities. An area authority or county program is the locus of coordination among public services for clients of its catchment area. (1985, c. 5…

(a) Purpose of State Plan. - The Department shall develop and implement a State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services. The purpose of the State Plan is to provide a strategic template regarding how State and local resources shall be orga…

Unless the context clearly requires otherwise, as used in this Article: (1) "MH/DD/SA" means mental health, developmental disabilities, and substance abuse. (2) "State Consumer Advocate" means the individual charged with the duties and functions of the State MH/DD/SA Consumer Adv…

The Secretary shall administer and enforce the provisions of this Chapter and the rules of the Commission and shall operate State facilities. An area director shall enforce applicable State laws, rules of the Commission, and rules of the Secretary. The Secretary in cooperation wi…

(a) The Secretary shall do all of the following: (1) Oversee development and implementation of the State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services. (2) Enforce the provisions of this Chapter and the rules of the Commission and the Secretary.…

(a) The Secretary shall cooperate with other State agencies to coordinate services for the treatment and habilitation of individuals who are mentally ill, developmentally disabled, or substance abusers. The Secretary shall also coordinate with these agencies to provide public edu…

(a) The Commission shall have authority as provided by this Chapter, Chapters 90 and 148 of the General Statutes, and by G.S. 143B-147. (b) The Commission shall adopt rules regarding all of the following: (1) The development of a process for screening, triage, and referral, inclu…

(a) A county shall provide mental health, developmental disabilities, and substance use disorder services in accordance with rules, policies, and guidelines adopted pursuant to statewide restructuring of the management responsibilities for the delivery of services for individuals…

(a) A county may operate a county program for mental health, developmental disabilities, and substance abuse services as a single county or, pursuant to Article 20 of Chapter 160A of the General Statutes, may enter into an interlocal agreement with one or more other counties for …

Repealed by Session Laws 2023-134, s. 9G.7A(a7), effective October 3, 2023.

Repealed by Session Laws 2023-134, s. 9G.7A(a7), effective October 3, 2023.

(a) Local management entities are responsible for the management and oversight of the public system of services for people with serious mental illness, severe and persistent mental illness, intellectual and developmental disabilities, traumatic brain injuries, and severe substanc…

(a) Reserved for future codification purposes. (b) Reserved for future codification purposes. (c) Area authorities may add one or more additional counties to their existing catchment area, including through the merger or consolidation of area authorities, upon the adoption of a r…

(a) When a county realigns with another area authority under G.S. 108D-46 or G.S. 122C-115.5, regardless of whether the realignment was due to the merger of area authorities, the consolidation of area authorities, or another process, a portion of the risk reserve and other funds …

An area authority is authorized to operate the CAF specialty plan under a contract with the Department. For purposes of operating the CAF specialty plan only, all of the following apply: (1) The area authority shall have a statewide catchment area. (2) Counties are prohibited fro…

(a) An area authority is a local political subdivision of the State. (b) A consolidated human services agency is a department of the county. (c) One or more area authorities may jointly form a consortium, through an interlocal agreement, for the purpose of responding to requests …

(a) The area authority shall do all of the following: (1) Engage in comprehensive planning, budgeting, implementing, and monitoring of community-based mental health, developmental disabilities, and substance abuse services. (2) Ensure the provision of services to clients in the c…

(a) An area board shall have no fewer than 11 and no more than 21 voting members. The board of county commissioners, or the boards of county commissioners within the area, shall appoint members consistent with the requirements provided in subsection (b) of this section. The proce…

(a) There is established a county commissioner advisory board for each catchment area, consisting of one county commissioner from each county in the catchment area, designated by the board of commissioners of each county. The county commissioner advisory board shall meet on a reg…

(a) The area board shall meet at least six times per year. (b) Meetings shall be called by the area board chairman or by three or more members of the board after notifying the area board chairman in writing. (c) Members of the area board elect the board's chairman. The term of of…

All members of the governing body for an area authority shall receive initial orientation on board members' responsibilities and annual training provided by the Department which shall include fiscal management, budget development, and fiscal accountability. A member's refusal to …

The Secretary shall establish a State MH/DD/SA Consumer Advocacy Program office in the Office of the Secretary of Health and Human Services. The Secretary shall appoint a State Consumer Advocate. In selecting the State Consumer Advocate, the Secretary shall consider candidates re…

(a) Area board members may receive as compensation for their services per diem and a subsistence allowance for each day during which they are engaged in the official business of the area board. The amount of the per diem and subsistence allowances shall be established by the area…

Repealed by Session Laws 2023-134, s. 9G.7A(d4), effective October 3, 2023.

(a) The area director is an employee of the area board, shall serve at the pleasure of the board, and shall be appointed in accordance with G.S. 122C-117(a)(7). As used in this subsection, "employee" means an individual and does not include a corporation, a partnership, a limited…

(a) As used in this section, key personnel means the key personnel designated by the Department in a contract, as defined in G.S. 122C-124.2(g), with the area authority. (b) The Secretary may discharge an employee of an area authority who is in a position designated as key person…

Notwithstanding the provisions of G.S. 122C-112(a)(10), G.S. 122C-117(a)(1), G.S. 122C-127, and G.S. 122C-131, other agencies of the Department, other State agencies, and other local agencies shall continue responsibility for services they provide for persons with developmental d…

Any funds or part thereof of an area authority that are transferred by the area authority to any entity including a firm, partnership, corporation, company, association, joint stock association, agency, or nonprofit private foundation shall be subject to reimbursement by the area…

Repealed by Session Laws 2023-134, s. 9G.7A(a7), effective October 3, 2023.

(a) For all local management entity/managed care organizations, the Secretary shall certify whether the LME/MCO is in compliance or is not in compliance with all requirements of subdivisions (1) through (3) of subsection (b) of this section. The Secretary's certification shall be…

(a) A county that has concerns about the performance of the area authority with which it is aligned shall provide written notice of its concerns to the Secretary, the area director of the area authority, the chair of the area board, and the chairs of the Joint Legislative Oversig…

Repealed by Session Laws 2023-134, s. 9G.7A(a9), effective October 3, 2023.

Repealed by Session Laws 2023-134, s. 9G.7A(a10), effective October 3, 2023.

(a) In its contracts with LME/MCOs, the Department shall establish solvency standards based on industry-standard financial accounting measures such as the current ratio of assets to liabilities, defensive interval ratio of current assets to average monthly expenditure, capital re…

(a) For the purposes of this section, competitive health care information means information relating to competitive health care activities by or on behalf of the area authority. Competitive health care information shall be confidential and not a public record under Chapter 132 of…

(a) Except as otherwise provided by this section and subject to any limitations that may be imposed by the board of county commissioners under G.S. 153A-77, a consolidated human services agency shall have the responsibility and authority set forth in G.S. 122C-117(a) to carry out…

The State Consumer Advocate shall: (1) Establish Local Quality Care Consumer Advocacy Programs described in G.S. 122C-14 and appoint the Local Consumer Advocates. (2) Establish certification criteria and minimum training requirements for Local Consumer Advocates. (3) Certify Loca…

Mental health, developmental disabilities, and substance abuse services of the public system in this State shall be delivered through area authorities and State facilities. (1985, c. 589, s. 2; 1989, c. 625, s. 15.)

(a) The State Consumer Advocate shall establish a Local MH/DD/SA Consumer Advocacy Program in locations in the State to be designated by the Secretary. In determining where to locate the Local Consumer Advocacy Programs, the Secretary shall ensure reasonable consumer accessibilit…

(a) An area authority shall contract with other qualified public or private providers, agencies, institutions, or resources for the provision of services, and, subject to the approval of the Secretary, is authorized to provide services directly. Unless an area authority requests …

(a) When the area authority contracts with persons for the provision of services, it shall use the standard contract adopted by the Secretary and shall assure that these contracted services meet the requirements of applicable State statutes and the rules of the Commission and the…

(a) Services. - An area authority shall provide, directly or by contract, the substance abuse services needed by a person to obtain a certificate of completion required under G.S. 20-17.6 as a condition for the restoration of a drivers license. A person may obtain the required se…

(a) Definitions. - The following definitions apply in this section: (1) Assessment. - A comprehensive clinical assessment, psychiatric evaluation, or a substantially equivalent assessment. (2) Director. - The director of the county department of social services with custody of th…

(a) The General Assembly shall, as it considers necessary, endorse as policy guidance long-range plans for the broad age/disability categories of persons to be served and the services to be provided by area authorities. (b) The Secretary shall develop a payment policy that design…

(a) The area authority shall maintain its budget in accordance with the requirements of Article 3 of Subchapter III of Chapter 159 of the General Statutes, the Local Government Budget and Fiscal Control Act. (b) The Secretary may require periodic reports of receipts and expenditu…

(a) The LME and its contractual provider agencies shall implement the co-payment schedule based on family income adopted by the Secretary under G.S. 122C-112.1(a)(34). The LME is responsible for determining the applicability of the co-payment to individuals authorized by the LME …

(a) Repealed by Session Laws 1993, c. 321, s. 220(i). (b) Unless otherwise specified by the Secretary, State appropriations to area authorities shall be used exclusively for the operating costs of the area authority; provided however: (1) The Secretary may specify that designated…

(a) Except as provided in subsection (b) of this section, funds shall be appropriated by the General Assembly in broad age/disability categories. The Secretary shall allocate and account for funds in broad age/disability categories so that the area authority may, with flexibility…