reglab/housing_qa huggingface dataset:
NC Gen Stat § 122C-125 (2021)
2021 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-125 - Area Authority financial failure; State assumption of financial control.

 122C-125. Area Authority financial failure; State assumption of financial control.At any time that the Secretary of the Department of Health and Human Services determines that an area authority is in imminent danger of failing financially and of failing to provide direct services to clients, the Secretary, after providing written notification of the Secretary's intent to the area board and after providing the area authority an opportunity to be heard, may assume control of the financial affairs of the area authority and appoint an administrator to exercise the powers assumed. This assumption of control shall have the effect of divesting the area authority of its powers as to the adoption of budgets, expenditures of money, and all other financial powers conferred in the area authority by law. County funding of the area authority shall continue when the State has assumed control of the financial affairs of the area authority. At no time after the State has assumed this control shall a county withdraw funds previously obligated or appropriated to the area authority. The Secretary shall adopt rules to define imminent danger of failing financially and of failing to provide direct services to clients.Upon assumption of financial control, the Department shall, in conjunction with the area authority, develop and implement a corrective plan of action and provide notification to the area authority's board of directors of the plan. The Department shall also keep the county board of commissioners and the area authority's board of directors informed of any ongoing concerns or problems with the area authority's finances. (1995, c. 507, s. 23.2; 1995 (Reg. Sess., 1996), c. 749, s. 7; 1997-443, s. 11A.118(a).)
NC Gen Stat § 122C-126.1 (2021)
2021 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-126.1 - Confidentiality of competitive health care information.

 122C-126.1. Confidentiality of competitive health care information.(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 the General Statutes; provided that any contract entered into by or on behalf of an area authority shall be a public record, unless otherwise exempted by law, or the contract contains competitive health care information, the determination of which shall be as provided in subsection (b) of this section.(b) If an area authority is requested to disclose any contract that the area authority believes in good faith contains or constitutes competitive health care information, the area authority may either redact the portions of the contract believed to constitute competitive health care information prior to disclosure or, if the entire contract constitutes competitive health care information, refuse disclosure of the contract. The person requesting disclosure of the contract may institute an action pursuant to G.S. 132-9 to compel disclosure of the contract or any redacted portion thereof. In any action brought under this subsection, the issue for decision by the court shall be whether the contract, or portions of the contract withheld, constitutes competitive health care information, and in making its determination, the court shall be guided by the procedures and standards applicable to protective orders requested under Rule 26(c)(7) of the Rules of Civil Procedure. Before rendering a decision, the court shall review the contract in camera and hear arguments from the parties. If the court finds that the contract constitutes or contains competitive health care information, the court may either deny disclosure or may make such other appropriate orders as are permitted under Rule 26(c) of the Rules of Civil Procedure.(c) Nothing in this section shall be deemed to prevent the Attorney General, the State Auditor, or an elected public body, in closed session, which has responsibility for the area authority, from having access to this confidential information. The disclosure to any public entity does not affect the confidentiality of the information. Members of the public entity shall have a duty not to further disclose the confidential information.  (2012-151, s. 10.)
NC Gen Stat § 122C-127 (2021)
2021 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-127 - Consolidated human services board; human services director.

 122C-127. Consolidated human services board; human services director.(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 programs established in this Chapter in conformity with the rules and regulations of the Department and under the supervision of the Secretary in the same manner as an area authority. In addition to the powers conferred by G.S. 153A-77(d), a consolidated human services board shall have all the powers and duties of the governing unit of an area authority as provided by G.S. 122C-117(b), except that the consolidated human services board may not:(1) Appoint the human services director.(2) Transmit or present the budget for social services programs.(3) Enter into contracts, including contracts to provide services to governmental or private entities, unless specifically authorized to do so by the board of county commissioners in accordance with county contracting policies and procedures.(b) In addition to the powers conferred by G.S. 153A-77(e), a human services director shall have all the powers and duties of an area director as provided by G.S. 122C-121, except that the human services director may:(1) Serve as the executive officer of the consolidated human services board only to the extent and in the manner authorized by the county manager.(2) Appoint staff of the consolidated human services agency only upon the approval of the county manager.The human services director is not an employee of the area board, but serves as an employee of the county under the direct supervision of the county manager. (1995 (Reg. Sess., 1996), c. 690, s. 12.)
NC Gen Stat § 122C-131 (2021)
2021 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-131 - Composition of system.

 122C-131. Composition of system.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.)
NC Gen Stat § 122C-142 (2021)
2021 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-142 - Contract for services.

 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.)
NC Gen Stat § 122C-143.1 (2021)
2021 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-143.1 - Policy guidance.

 122C-143.1. Policy guidance.(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 designates, within broad age/disability categories, the priority populations, based on their disability level and the types of service to be supported by State resources. The Secretary shall review the Department's payment policy annually to assure that payments are made consistent with the State's long-range plans.(c) The Secretary shall ensure that the payment policy provides incentives designated to target resources consistent with legislative policy and with the State's long-range plans and to promote equal accessibility to services for individuals regardless of their catchment area.(d) Upon request of the Secretary, each area authority shall develop, revise, or amend its local long-range plans to be consistent with the policy guidance set forth in the State's long-range plans. Local service implementation plans shall be subject to the approval of the Secretary.(e) The Secretary shall ensure that the Department's requests for expansion funds for area authorities are consistent with the State's long-range plans and include consideration of needs identified by the area authorities and their local plans. (1993, c. 321, s. 220(e).)
NC Gen Stat § 122C-144.1 (2021)
2021 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-144.1 - Budget format and reports.

 122C-144.1. Budget format and reports.(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 expenditures for all area authority services provided directly or under contract according to a format prescribed by the Secretary.(c) In accordance with G.S. 159-34, the area authority shall have an audit completed and submit it to the Local Government Commission.(d) The Secretary may require reports of client characteristics, staffing patterns, agency policies or activities, services, or specific financial data of the area authority, but the reports shall not identify individual clients of the area authority unless specifically required by State statute or federal statute or regulation, or unless valid consent for the release has been given by the client or legally responsible person. (1993, c. 321, s. 220(g).)
NC Gen Stat § 122C-145 (2021)
2021 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-145 - Renumbered as G.S. 122C-151.2 by Session Laws 1993, c. 321, s. 220.

 122C-145: Renumbered as G.S. 122C-151.2 by Session Laws 1993, c. 321, s. 220.
NC Gen Stat § 122C-146 (2021)
2021 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-146 - Uniform co-payment schedule.

 122C-146. Uniform co-payment schedule.(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 to receive services. An LME that provides services and its contractual provider agencies shall also make every reasonable effort to collect appropriate reimbursement for costs in providing these services from individuals or entities able to pay, including insurance and third-party payments. However, no individual may be refused services because of an inability to pay.(b) Individuals may not be charged for free services, as required in "The Amendments to the Education of the Handicapped Act", P.L. 99-457, provided to eligible infants and toddlers and their families. This exemption from charges does not exempt insurers or other third-party payors from being charged for payment for these services, if the person who is legally responsible for any eligible infant or toddler is first advised that the person may or may not grant permission for the insurer or other payor to be billed for the free services.(c) All funds collected from co-payments for LME operated services shall be used to provide services to individuals in targeted populations.The collection of co-payments by an LME that provides services may not be used as justification for reduction or replacement of the budgeted commitment of local tax revenue. All funds collected from co-payments by contractual provider agencies shall be used to provide services to individuals in targeted populations. (1977, c. 568, s. 1; 1979, c. 358, s. 16; 1985, c. 589, s. 2; 1989 (Reg. Sess., 1990), c. 1003, s. 4; 1991, c. 215, s. 2; 1993, c. 487, s. 3; c. 553, s. 36; 2007-410, s. 1.)
NC Gen Stat § 122C-147.2 (2021)
2021 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-147.2 - Purchase of services and reimbursement rates.

 122C-147.2. Purchase of services and reimbursement rates.(a) When funds are used to purchase services, the following provisions apply:(1) Reimbursement rates for specific types of service shall be negotiated between the Secretary and the area authority. The negotiation shall begin with the rate determined by a standardized cost-finding and rate-setting procedure approved by the Secretary.(2) The reimbursement rate used for the payment of services shall incorporate operating and administrative costs, including costs for property in accordance with G.S. 122C-147.(b) To ensure uniformity in rates charged to area programs and funded with State-allocated resources, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services may require a private agency that provides services under contract with an area program or county program, except for hospital services that have an established Medicaid rate, to complete an agency-wide uniform cost finding in accordance with subsection (a) of this section. The resulting cost shall be the maximum included for the private agency in the contracting area program's unit cost finding. If a private agency fails to timely and accurately complete the required agency-wide uniform cost finding in a manner acceptable to the Department's controller's office, the Department may suspend all Department funding and payment to the private agency until such time as an acceptable cost finding has been completed by the private agency and approved by the Department's controller's office. (1993, c. 321, s. 220(j); 2005-276, s. 10.30.)
NC Gen Stat § 122C-151 (2021)
2021 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-151 - Responsibilities of those receiving appropriations.

 122C-151. Responsibilities of those receiving appropriations.(a) All resources allocated to and received by any area authority and used for programs of mental health, developmental disabilities, substance abuse or other related services are subject to the conditions specified in this Article and to the rules of the Commission and the Secretary and to the conditions of the Memorandum of Agreement specified in G.S. 122C-143.2.(b) If an area authority fails to complete actions necessary for the development of a Memorandum of Agreement, fails to file required reports within the time limit set by the Secretary, or fails to comply with any other requirements specified in this Article, the Secretary may:(1) Delay payments; and(2) With written notification of cause and subject to an appeal as provided by G.S. 122C-151.2, reduce or deny payment of funds. Restoration of funds upon compliance is within the discretion of the Secretary. (1977, c. 568, s. 1; c. 679, s. 7; 1979, c. 358, s. 25; 1981, c. 51, s. 3; 1985, c. 589, s. 2; 1989, c. 625, s. 19; 1993, c. 321, s. 220(l).)
NC Gen Stat § 122C-151.2 (2021)
2021 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-151.2 - Appeal by area authorities and county programs.

 122C-151.2. Appeal by area authorities and county programs.(a) The area authority or county program may appeal to the Commission any action regarding rules under the jurisdiction of the Commission or rules under the joint jurisdiction of the Commission and the Secretary.(b) The area authority or county program may appeal to the Secretary any action regarding rules under the jurisdiction of the Secretary.(c) Appeals shall be conducted according to rules adopted by the Commission and Secretary and in accordance with Chapter 150B of the General Statutes. (1977, c. 568, s. 1; c. 679, s. 7; 1979, c. 358, ss. 7, 19; 1981, c. 51, s. 3; c. 614, s. 7; 1985, c. 589, s. 2; 1987, c. 720, s. 3; 1993, c. 321, s. 220(m); 2001-437, s. 1.17(a).)
NC Gen Stat § 122C-151.3 (2021)
2021 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-151.3 - Dispute with area authorities or county programs.

 122C-151.3. Dispute with area authorities or county programs.(a) An area authority or county program shall establish written procedures for resolving disputes over decisions of an area authority or county program that may be appealed to the State MH/DD/SA Appeals Panel under G.S. 122C-151.4. The procedures shall be informal and shall provide an opportunity for those who dispute the decision to present their position.(b) This section does not apply to LME/MCOs, enrollees, applicants, providers of emergency services, or network providers subject to Chapter 108D of the General Statutes.  (1993, c. 321, s. 220(o); 2001-437, s. 1.17(b); 2013-397, s. 2.)
NC Gen Stat § 122C-154 (2021)
2021 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-154 - Personnel.

 122C-154. Personnel.Employees under the direct supervision of the area director are employees of the area authority. For the purpose of personnel administration, Chapter 126 of the General Statutes applies unless otherwise provided in this Article. Employees appointed by the county program director are employees of the county. In a multicounty program, employment of county program staff shall be as agreed upon in the interlocal agreement adopted pursuant to G.S. 122C-115.1. Notwithstanding G.S. 126-9(b), an employee of an area authority may be paid a salary that is in excess of the salary ranges established by the State Human Resources Commission. Any salary that is higher than the maximum of the applicable salary range shall be supported by documentation of comparable salaries in comparable operations within the region and shall also include the specific amount the board proposes to pay the employee. The area board shall not authorize any salary adjustment that is above the normal allowable salary range without obtaining prior approval from the Director of the Office of State Human Resources.  (1971, c. 470, s. 1; 1973, c. 476, s. 133; 1977, c. 568, s. 1; c. 679, s. 7; 1979, c. 358, s. 14; 1981, c. 51, s. 3; 1985, c. 589, s. 2; 2001-437, s. 1.18; 2012-151, s. 11(b); 2013-382, s. 9.1(c).)
NC Gen Stat § 122C-155 (2021)
2021 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-155 - Supervision of services.

 122C-155. Supervision of services.Unless otherwise specified, client services are the responsibility of a qualified professional. Direct medical and psychiatric services shall be provided by a qualified psychiatrist or a physician with adequate training and experience acceptable to the Secretary. (1971, c. 470, s. 1; 1973, c. 476, s. 133; 1977, c. 568, s. 1; c. 679, s. 7; 1979, c. 358, s. 14; 1981, c. 51, s. 3; 1985, c. 589, s. 2.)