122C-142. Contract for services.
(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 Secretary. However, an area authority may amend the contract to comply with any court-imposed duty or responsibility. An area authority that is operating under a Medicaid waiver may amend the contract subject to the approval of the Secretary. Terms of the standard contract shall require the area authority to monitor the contract to assure that rules and State statutes are met. It shall also place an obligation upon the entity providing services to provide to the area authority timely data regarding the clients being served, the services provided, and the client outcomes. The Secretary may also monitor contracted services to assure that rules and State statutes are met.
(b) When the area authority contracts for services, it may provide funds to purchase liability insurance, to provide legal representation, and to pay any claim with respect to liability for acts, omissions, or decisions by members of the boards or employees of the persons with whom the area authority contracts. These acts, omissions, and decisions shall be ones that arise out of the performance of the contract and may not result from actual fraud, corruption, or actual malice on the part of the board members or employees. (1977, c. 568, s. 1; c. 679, s. 7; 1979, c. 358, s. 18; 1981, c. 51, s. 3; c. 539, ss. 3, 4; 1985, c. 589, s. 2; 2006-142, s. 1; 2006-259, s. 23; 2013-85, s. 9.)
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.