North Carolina General Statutes
Article 4 - Organization and System for Delivery of Mental Health, Developmental Disabilities, and Substance Abuse Services.
§ 122C-147.1 - Appropriations and allocations.

122C-147.1. Appropriations and allocations.
(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, earn funds in response to local needs that are identified within the payment policy developed in accordance with G.S. 122C-143.1(b).
(b) When the General Assembly determines that it is necessary to appropriate funds for a more specific purpose than the broad age/disability category, the Secretary shall determine whether expenditure accounting, special reporting within earning from a broad fund, the Memorandum of Agreement, or some other mechanism allows the best accounting for the funds.
(b1) Notwithstanding subsection (b) of this section, funds appropriated by the General Assembly for crisis services shall not be allocated in broad disability or age/disability categories. Subsection (c) of this section shall not apply to funds appropriated by the General Assembly for crisis services.
(c) Funds that have been appropriated by the General Assembly for a more specific purpose than specified in subsection (a) of this section shall be converted to a broad age/disability category at the beginning of the second biennium following the appropriation, unless otherwise acted upon by the General Assembly.
(d) The Secretary shall allocate funds to area programs:
(1) To be earned in a purchase of service basis, at negotiated reimbursement rates, for services that are included in the payment policy and delivered to mentally ill, developmentally disabled, and substance abuse clients and for services that are included in the payment policy to other recipients; or
(2) To be paid under a grant on the basis of agreed-upon expenditures, when the Secretary determines that it would be impractical to pay on a purchase of service basis.
(d1) Notwithstanding subsections (b) and (d) of this section, each area program shall determine whether to earn the funds for crisis services and funds for services to substance abuse clients in a purchase-for-service basis, under a grant, or some combination of the two. Area programs shall account for funds expended on a grant basis according to procedures required by the Secretary and in a manner that is similar to funds expended in a purchase-for-service basis.
(e) After the close of a fiscal year, final payments of funds shall be made:
(1) Under the purchase of service basis, on the earnings of the area authority for the delivery to individuals within each age/disability group, of any services that are consistent with the payment policy established in G.S. 122C-143.1(b), up to the final allocation amount; or
(2) When awarded on an expenditure basis, on allowable actual expenditures, up to the final allocation amount.
Under rules adopted by the Secretary, final payments shall be adjusted on the basis of the audit required in G.S. 122C-144.1(d). (1993, c. 321, s. 220(j); 2007-323, ss. 10.49(b), (q).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985

Article 4 - Organization and System for Delivery of Mental Health, Developmental Disabilities, and Substance Abuse Services.

§ 122C-101 - Policy.

§ 122C-102 - (Effective until contingency met see note) State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services; system performance measures.

§ 122C-111 - Administration.

§ 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-115.1 - County governance and operation of mental health, developmental disabilities, and substance abuse services program.

§ 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-121 - Area director.

§ 122C-123 - Other agency responsibility.

§ 122C-123.1 - Area authority reimbursement to State for disallowed expenditures.

§ 122C-124.1 - Actions by the Secretary when area authority or county program is not providing minimally adequate services.

§ 122C-124.2 - Actions by the Secretary to ensure effective management of behavioral health services under the 1915(b)/(c) Medicaid Waiver.

§ 122C-125 - Area Authority financial failure; State assumption of financial control.

§ 122C-125.2 - (Effective until contingency met see note) LME/MCO solvency ranges; formula; corrective action plan.

§ 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-142.1 - Substance abuse services for those convicted of driving while impaired or driving while less than 21 years old after consuming alcohol or drugs.

§ 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-152 - Liability insurance and waiver of immunity as to torts of agents, employees, and board members.

§ 122C-153 - Defense of agents, employees, and board members.

§ 122C-154 - Personnel.

§ 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.

§ 122C-191 - Quality of services.

§ 122C-192 - Review and protection of information.