122C-115.3. Dissolution of area authority.
(a) Repealed by Session Laws 2013-85, s. 5(a), effective June 12, 2013.
(b) No county shall withdraw from an area authority nor shall an area authority be dissolved without prior approval of the Secretary.
(b1) The Secretary shall, prior to the date that BH IDD tailored plans begin operating, direct the dissolution of any area authority that does not receive an initial contract to operate a BH IDD tailored plan. The Secretary shall deliver a notice of dissolution to the board of county commissioners of each of the counties in the dissolved LME/MCO.
(c), (d) Repealed by Session Laws 2013-85, s. 5(a), effective June 12, 2013.
(e) Any fund balance or risk reserve available to an area authority at the time of its dissolution that is not utilized to pay liabilities shall be transferred to one or more area authorities contracted to operate the 1915(b)/(c) Medicaid Waiver or a BH IDD tailored plan in all or a portion of the catchment area of the dissolved area authority, as directed by the Department.
(e1) Effective until the date that BH IDD tailored plans begin operating, if the fund balance transferred from the dissolved area authority under subsection (e) of this section is insufficient to constitute fifteen percent (15%) of the anticipated operational expenses arising from assumption of responsibilities from the dissolved area authority, the Secretary shall guarantee the operational reserves for the area authority assuming the responsibilities under the 1915(b)/(c) Medicaid Waiver until the assuming area authority has reestablished fifteen percent (15%) operational reserves.
(f), (g) Repealed by Session Laws 2013-85, s. 5(a), effective June 12, 2013. (2001-437, s. 1.9; 2011-102, s. 5; 2011-264, s. 3; 2013-85, s. 5(a)-(c); 2021-62, s. 3.5(a)-(c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985
§ 122C-112.1 - (Effective until contingency met see note) Powers and duties of the Secretary.
§ 122C-113 - Cooperation between Secretary and other agencies[Effective until January 1, 2023]
§ 122C-114 - Powers and duties of the Commission.
§ 122C-115 - Duties of counties; appropriation and allocation of funds by counties and cities.
§ 122C-115.2 - LME business plan required; content, process, certification.
§ 122C-115.3 - Dissolution of area authority.
§ 122C-115.4 - Functions of local management entities[Effective until January 1, 2023]
§ 122C-116 - Status of area authority; status of consolidated human services agency.
§ 122C-117 - Powers and duties of the area authority[Effective until January 1, 2023]
§ 122C-118.1 - Structure of area board.
§ 122C-118.2 - Establishment of county commissioner advisory board.
§ 122C-119 - Organization of area board.
§ 122C-119.1 - Area Authority board members' training.
§ 122C-120 - Compensation of area board members.
§ 122C-120.1 - Job classifications; director and finance officer.
§ 122C-123 - Other agency responsibility.
§ 122C-123.1 - Area authority reimbursement to State for disallowed expenditures.
§ 122C-125 - Area Authority financial failure; State assumption of financial control.
§ 122C-126.1 - Confidentiality of competitive health care information.
§ 122C-127 - Consolidated human services board; human services director.
§ 122C-131 - Composition of system.
§ 122C-141 - Provision of services.
§ 122C-142 - Contract for services.
§ 122C-142.2 - Presentation at a hospital for mental health treatment.
§ 122C-143.1 - Policy guidance.
§ 122C-144.1 - Budget format and reports.
§ 122C-145 - Renumbered as G.S122C-151.2 by Session Laws 1993, c321, s220.
§ 122C-146 - Uniform co-payment schedule.
§ 122C-147 - Financing and title of area authority property.
§ 122C-147.1 - Appropriations and allocations.
§ 122C-147.2 - Purchase of services and reimbursement rates.
§ 122C-151 - Responsibilities of those receiving appropriations.
§ 122C-151.2 - Appeal by area authorities and county programs.
§ 122C-151.3 - Dispute with area authorities or county programs.
§ 122C-151.4 - Appeal to State MH/DD/SA Appeals Panel.
§ 122C-153 - Defense of agents, employees, and board members.
§ 122C-155 - Supervision of services.
§ 122C-156 - Salary plan for employees of the area authority.
§ 122C-157 - Establishment of a professional reimbursement policy.
§ 122C-158 - Privacy of personnel records.
§ 122C-170 - Local Consumer and Family Advisory Committees.
§ 122C-171 - State Consumer and Family Advisory Committee.
§ 122C-181 - Secretary's jurisdiction over State facilities.
§ 122C-182 - Authority to contract with area authorities.
§ 122C-183 - Appointment of employees as police officers who may arrest without warrant.
§ 122C-184 - Oath of special police officers.
§ 122C-185 - Application of funds belonging to State facilities.
§ 122C-186 - General Assembly visitors of State facilities.