North Carolina General Statutes
Article 4 - Organization and System for Delivery of Mental Health, Developmental Disabilities, and Substance Abuse Services.
§ 122C-181 - Secretary's jurisdiction over State facilities.

122C-181. Secretary's jurisdiction over State facilities.
(a) Except as provided in subsection (b) of this section, the Secretary shall operate the following facilities:
(1) Psychiatric Hospitals:
a. Cherry Hospital.
a1. Central Regional Hospital.
b., c. Repealed by Session Laws 2007-177, s. 2. See Editor's note.
d. Broughton Hospital.
(2) Developmental Centers:
a. Caswell Developmental Center.
b. Repealed by Session Laws 2007-177, s. 1, effective July 5, 2007.
b1. J. Iverson Riddle Developmental Center.
c. Murdoch Developmental Center.
d. through e. Repealed by Session Laws 2007-177, s. 1, effective July 5, 2007.
(3) Alcohol and Drug Treatment Centers:
a. Walter B. Jones Alcohol and Drug Abuse Treatment Center.
b. Repealed by Session Laws 2007-177, s. 1, effective July 5, 2007.
c. Julian F. Keith Alcohol and Drug Abuse Treatment Center.
d. R.J. Blackley Alcohol and Drug Treatment Center.
(4) Neuro-Medical Treatment Centers:
a. through c. Repealed by Session Laws 2007-177, s. 1, effective July 5, 2007.
d. Black Mountain Neuro-Medical Treatment Center.
e. O'Berry Neuro-Medical Treatment Center.
f. Longleaf Neuro-Medical Treatment Center.
(5) Residential Programs for Children:
a. Whitaker School.
b. Wright School.
(b) Subject to the requirements of subsection (c) of this section, the Secretary may, with the approval of the Governor and Council of State, close any State facility.
(c) Closure of a State facility under subsection (b) of this section becomes effective on the earlier of the 31st legislative day or the day of adjournment of the next regular session of the General Assembly that begins at least 10 days after the date the closure is approved, unless a different effective date applies under this subsection. If a bill that specifically disapproves the State facility closure is introduced in either house of the General Assembly before the thirty-first legislative day of that session, the closure becomes effective on the earlier of either the day an unfavorable final action is taken on the bill or the day that session of the General Assembly adjourns without ratifying a bill that specifically disapproves the State facility closure. If the Secretary specifies a later effective date for closure than the date that would otherwise apply under this subsection, the later date applies. Closure of a State facility does not become effective if the closure is specifically disapproved by a bill enacted into law before it becomes effective. Notwithstanding any rule of either house of the General Assembly, any member of the General Assembly may introduce a bill during the first 30 legislative days of any regular session to disapprove closure of a facility that has been approved by the Governor and Council of State as provided in subsection (b) of this section. Nothing in this subsection shall be construed to impair the Secretary's power or duty otherwise imposed by law to close a State facility temporarily for the protection of health and safety. (Code, ss. 2227, 2240; 1899, c. 1, s. 1; Rev., s. 4542; C.S., s. 6151; 1945, c. 952, s. 8; 1947, c. 537, s. 2; 1949, c. 1206, s. 1; 1955, c. 887, s. 1; 1959, c. 348, s. 1; c. 1002, s. 1; c. 1008; c. 1028, ss. 1-4; 1961, c. 513; c. 1173, ss. 1, 2, 4; 1963, c. 1166, ss. 2, 10, 12; c. 1184, s. 6; 1967, c. 151; 1969, c. 982; 1973, c. 476, ss. 128, 133, 138; 1975, c. 19, s. 41; 1977, c. 679, s. 7; 1981, c. 51, s. 3; c. 77; c. 412, s. 4; 1983, c. 383, s. 9; 1985, c. 589, s. 2; 1989, c. 145, s. 1; 1991, c. 689, s. 136; 2001-437, s. 1.19; 2001-487, s. 80(a); 2007-177, ss. 1, 2.)

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.