reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 122A - North Carolina Housing Finance Agency › § 122A-18 - Authorization to accept appropriated moneys.

§ 122A-18. Authorization to accept appropriated moneys.
The Agency is authorized to accept such moneys as may be appropriated from time to time by the General Assembly for effectuating its corporate purposes including, without limitation, the payment of the initial expenses of administration and operation and the establishment of a reserve or contingency fund to be available for the payment of the principal of and the interest on any bonds or notes of the Agency. (1969, c. 1235, s. 18; 1973, c. 1296, s. 58.)
2023 North Carolina General Statutes › Chapter 122A - North Carolina Housing Finance Agency › § 122A-19 - Tax exemption.

§ 122A-19. Tax exemption.
The exercise of the powers granted by this Chapter will be in all respects for the benefit of the people of the State, for their well-being and prosperity and for the improvement of their social and economic conditions, and the Agency shall not be required to pay any tax or assessment on any property owned by the Agency under the provisions of this Chapter or upon the income therefrom.
Any obligations issued by the Agency under the provisions of this Chapter shall at all times be free from taxation by the State or any local unit or political subdivision or other instrumentality of the State, excepting inheritance or gift taxes, income taxes on the gain from the transfer of the obligations, and franchise taxes. The interest on the obligations is not subject to taxation as income. (1969, c. 1235, s. 19; 1973, c. 1296, s. 59; 1995, c. 46, s. 10.)
2023 North Carolina General Statutes › Chapter 122A - North Carolina Housing Finance Agency › § 122A-20 - Conflict of interest.

§ 122A-20. Conflict of interest.
If any member, officer or employee of the Agency shall be interested either directly or indirectly, or shall be an officer or employee of or have an ownership interest in any firm or corporation interested directly or indirectly in any contract with the Agency, including any loan to any sponsor, builder or developer, such interest shall be disclosed to the Agency and shall be set forth in the minutes of the Agency, and the member, officer or employee having such interest therein shall not participate on behalf of the Agency in the authorization of any such contract. (1969, c. 1235, s. 20; 1973, c. 1296, s. 60.)
2023 North Carolina General Statutes › Chapter 122A - North Carolina Housing Finance Agency › § 122A-21 - Additional method.

§ 122A-21. Additional method.
The foregoing sections of this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing; provided, however, that the issuance of bonds or notes under the provisions of this Chapter need not comply with the requirements of any other law applicable to the issuance of bonds or notes. (1969, c. 1235, s. 21.)
2023 North Carolina General Statutes › Chapter 122A - North Carolina Housing Finance Agency › § 122A-23 - Inconsistent laws inapplicable.

§ 122A-23. Inconsistent laws inapplicable.
Insofar as the provisions of this Chapter are inconsistent with the provisions of any general or special laws, or parts thereof, the provisions of this Chapter shall be controlling. (1969, c. 1235, s. 24.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1 - General Provisions. › § 122C-1 - Short title.

§ 122C-1. Short title.
This Chapter may be cited as the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985. (1985, c. 589, s. 2; 1989, c. 625, ss. 1, 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1 - General Provisions. › § 122C-2 - Policy.

§ 122C-2. Policy.
The policy of the State is to assist individuals with needs for mental health, developmental disabilities, and substance abuse services in ways consistent with the dignity, rights, and responsibilities of all North Carolina citizens. Within available resources it is the obligation of State and local government to provide mental health, developmental disabilities, and substance abuse services through a delivery system designed to meet the needs of clients in the least restrictive, therapeutically most appropriate setting available and to maximize their quality of life. It is further the obligation of State and local government to provide community-based services when such services are appropriate, unopposed by the affected individuals, and can be reasonably accommodated within available resources and taking into account the needs of other persons for mental health, developmental disabilities, and substance abuse services.
State and local governments shall develop and maintain a unified system of services centered in area authorities or county programs. The public service system will strive to provide a continuum of services for clients while considering the availability of services in the private sector. Within available resources, State and local government shall ensure that the following core services are available:
(1) Screening, assessment, and referral.
(2) Emergency services.
(3) Service coordination.
(4) Consultation, prevention, and education.
Within available resources, the State shall provide funding to support services to targeted populations, except that the State and counties shall provide matching funds for entitlement program services as required by law.
As used in this Chapter, the phrase "within available resources" means State funds appropriated and non-State funds and other resources appropriated, allocated or otherwise made available for mental health, developmental disabilities, and substance abuse services.
The furnishing of services to implement the policy of this section requires the cooperation and financial assistance of counties, the State, and the federal government. (1977, c. 568, s. 1; 1979, c. 358, s. 1; 1983, c. 383, s. 1; 1985, c. 589, s. 2; c. 771; 1989, c. 625, s. 2; 2001-437, s. 1.1.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1 - General Provisions. › § 122C-4 - Use of phrase "client or the legally responsible person".

§ 122C-4. Use of phrase "client or the legally responsible person".
(a) Except as otherwise provided by law, whenever in this Chapter the phrase "client or the legally responsible person" is used, and the client is a minor or an incompetent adult, the duty or right involved shall be exercised not by the client, but by the legally responsible person.
(b) Except as otherwise provided by law, whenever in this Chapter the phrase "client or the legally responsible person" is used, and the client is an incapable adult, the duty or right involved shall be exercised by a health care agent named pursuant to a valid health care power of attorney, if one exists, or by the client as expressed in a valid advance instruction for mental health treatment, if one exists. If no health care power of attorney or advance instruction for mental health treatment exists, the legally responsible person for an incapable adult who has not been adjudicated incompetent under Chapter 35A of the General Statutes shall be one of the persons listed in subdivisions (3) through (7) of subsection (c) of G.S. 90-21.13, to be selected based on the priority order indicated in said subdivisions (3) through (7). (1985, c. 589, s. 2; 2018-33, s. 2; 2019-240, s. 26(b).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1 - General Provisions. › § 122C-5 - Report on restraint and seclusion.

§ 122C-5. Report on restraint and seclusion.
The Secretary shall report annually on October 1 to the Joint Legislative Oversight Committee on Health and Human Services on the following for the immediately preceding fiscal year:
(1) The level of compliance of each facility with applicable State and federal laws, rules, and regulations governing the use of restraints and seclusion. The information shall indicate areas of highest and lowest levels of compliance.
(2) The total number of facilities that reported deaths under G.S. 122C-31, the number of deaths reported by each facility, the number of deaths investigated pursuant to G.S. 122C-31, and the number found by the investigation to be related to the use of restraint or seclusion. (2000-129, s. 3(b); 2003-58, s. 1; 2011-291, s. 2.40.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1 - General Provisions. › § 122C-6 - Smoking prohibited; penalty.

§ 122C-6. Smoking prohibited; penalty.
(a) Smoking is prohibited inside facilities licensed under this Chapter. As used in this section, "smoking" means the use or possession of any lighted cigar, cigarette, pipe, or other lighted smoking product. As used in this section, "inside" means a fully enclosed area.
(b) The person who owns, manages, operates, or otherwise controls a facility subject to this section shall:
(1) Conspicuously post signs clearly stating that smoking is prohibited inside the facility. The signs may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.
(2) Direct any person who is smoking inside the facility to extinguish the lighted smoking product.
(3) Provide written notice to individuals upon admittance that smoking is prohibited inside the facility and obtain the signature of the individual or the individual's representative acknowledging receipt of the notice.
(c) The Department may impose an administrative penalty not to exceed two hundred dollars ($200.00) for each violation on any person who owns, manages, operates, or otherwise controls a facility licensed under this Chapter and fails to comply with subsection (b) of this section. A violation of this section constitutes a civil offense only and is not a crime.
(d) This section does not apply to State psychiatric hospitals. (2007-459, s. 3.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-10 - (This article has a contingent effective date - see note) MH/DD/SA Consumer Advocacy Program.

§ 122C-10. (This article has a contingent effective date – see note) MH/DD/SA Consumer Advocacy Program.
The General Assembly finds that many consumers of mental health, developmental disabilities, and substance abuse services are uncertain about their rights and responsibilities and how to access the public service system to obtain appropriate care and treatment. The General Assembly recognizes the importance of ensuring that consumers have information about the availability of services and access to resources to obtain timely quality care. There is established the MH/DD/SA Consumer Advocacy Program. The purpose of this Program is to provide consumers, their families, and providers with the information and advocacy needed to locate appropriate services, resolve complaints, or address common concerns and promote community involvement. It is further the intent of the General Assembly that the Department, within available resources and pursuant to its duties under this Chapter, ensure that the performance of the mental health care system in this State is closely monitored, reviews are conducted, findings and recommendations and reports are made, and that local and systemic problems are identified and corrected when necessary to promote the rights and interests of all consumers of mental health, developmental disabilities, and substance abuse services. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-11 - (This article has a contingent effective date - see notes) MH/DD/SA Consumer Advocacy Program/definitions.

§ 122C-11. (This article has a contingent effective date – see notes) MH/DD/SA Consumer Advocacy Program/definitions.
Unless the context clearly requires otherwise, as used in this Article:
(1) "MH/DD/SA" means mental health, developmental disabilities, and substance abuse.
(2) "State Consumer Advocate" means the individual charged with the duties and functions of the State MH/DD/SA Consumer Advocacy Program established under this Article.
(3) "State Consumer Advocacy Program" means the State MH/DD/SA Consumer Advocacy Program.
(4) "Local Consumer Advocate" means an individual employed and certified by the State Consumer Advocate to perform the duties and functions of the MH/DD/SA Local Consumer Advocacy Program in accordance with this Article.
(5) "Local Consumer Advocacy Program" means a local MH/DD/SA Local Consumer Advocacy Program.
(6) "Consumer" means an individual who is a client or a potential client of public services from a State or area facility. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-12 - (This article has a contingent effective date - see note) State MH/DD/SA Consumer Advocacy Program.

§ 122C-12. (This article has a contingent effective date – see note) State MH/DD/SA Consumer Advocacy Program.
The Secretary shall establish a State MH/DD/SA Consumer Advocacy Program office in the Office of the Secretary of Health and Human Services. The Secretary shall appoint a State Consumer Advocate. In selecting the State Consumer Advocate, the Secretary shall consider candidates recommended by citizens' organizations representing the interest of individuals with needs for mental health, developmental disabilities, and substance abuse services. The State Consumer Advocate may hire individuals to assist in executing the State Consumer Advocacy Program and to act on the State Consumer Advocate's behalf. The State Consumer Advocate shall have expertise and experience in MH/DD/SA, including expertise and experience in advocacy. The Attorney General shall provide legal staff and advice to the State Consumer Advocate. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-13 - (This article has a contingent effective date - see note) State Consumer Advocate duties.

§ 122C-13. (This article has a contingent effective date – see note) State Consumer Advocate duties.
The State Consumer Advocate shall:
(1) Establish Local Quality Care Consumer Advocacy Programs described in G.S. 122C-14 and appoint the Local Consumer Advocates.
(2) Establish certification criteria and minimum training requirements for Local Consumer Advocates.
(3) Certify Local Consumer Advocates. The certification requirements shall include completion of the minimum training requirements established by the State Consumer Advocate.
(4) Provide training and technical Advocacy to Local Consumer Advocates.
(5) Establish procedures for processing and resolving complaints both at the State and local levels.
(6) Establish procedures for coordinating complaints with local human rights committees and the State protection and advocacy agency.
(7) Establish procedures for appropriate access by the State and Local Consumer Advocates to State, area authority, and county program facilities and records to ensure MH/DD/SA. The procedures shall include, but not be limited to, interviews of owners, consumers, and employees of State, area authority, and county program facilities, and on-site monitoring of conditions and services. The procedures shall ensure the confidentiality of these records and that the identity of any complainant or consumer will not be disclosed except as otherwise provided by law.
(8) Provide information to the public about available MH/DD/SA services, complaint procedures, and dispute resolution processes.
(9) Analyze and monitor the development and implementation of federal, State, and local laws, regulations, and policies relating to consumers and recommend changes as considered necessary to the Secretary.
(10) Analyze and monitor data relating to complaints or concerns about access and issues to identify significant local or systemic problems, as well as opportunities for improvement, and advise and assist the Secretary in developing policies, plans, and programs for ensuring that the quality of services provided to consumers is of a uniformly high standard.
(11) Submit a report annually to the Secretary, the Joint Legislative Oversight Committee on Health and Human Services, and the Joint Legislative Health Care Oversight Committee containing data and findings regarding the types of problems experienced and complaints reported by or on behalf of providers, consumers, and employees of providers, as well as recommendations to resolve identified issues and to improve the administration of MH/DD/SA facilities and the delivery of MH/DD/SA services throughout the State. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27; 2011-291, s. 2.41.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-14 - (This article has a contingent effective date - see note) Local Consumer Advocate; duties.

§ 122C-14. (This article has a contingent effective date – see note) Local Consumer Advocate; duties.
(a) The State Consumer Advocate shall establish a Local MH/DD/SA Consumer Advocacy Program in locations in the State to be designated by the Secretary. In determining where to locate the Local Consumer Advocacy Programs, the Secretary shall ensure reasonable consumer accessibility to the Local Consumer Advocates. Local Consumer Advocates shall administer the Local Consumer Advocacy Programs. The State Consumer Advocate shall appoint a Local Consumer Advocate for each of the Local Consumer Advocacy Programs. The State Consumer Advocate shall supervise the Local Consumer Advocates.
(b) Pursuant to policies and procedures established by the State Consumer Advocate, the Local Consumer Advocate shall:
(1) Assist consumers and their families with information, referral, and advocacy in obtaining appropriate services.
(2) Assist consumers and their families in understanding their rights and remedies available to them from the public service system.
(3) Serve as a liaison between consumers and their families and facility personnel and administration.
(4) Promote the development of consumer and citizen involvement in addressing issues relating to MH/DD/SA.
(5) Visit the State, area authority, or county program facilities to review and evaluate the quality of care provided to consumers and submit findings to the State Consumer Advocate.
(6) Work with providers and consumers and their families or advocates to resolve issues of common concern.
(7) Participate in regular Local Consumer Advocate training established by the State Consumer Advocate.
(8) Report regularly to area authorities and county programs, county and area authority boards, and boards of county commissioners about the Local Consumer Advocate's activities, including the findings made pursuant to subdivision (5) of this subsection.
(9) Provide training and technical assistance to counties, area authority boards, and providers concerning responding to consumers, evaluating quality of care, and determining availability of services and access to resources.
(10) Coordinate activities with local human rights committees based on procedures developed by the State Consumer Advocate.
(11) Provide information to the public on MH/DD/SA issues.
(12) Perform any other related duties as directed by the State Consumer Advocate. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-15 - (This Article has a contingent effective date - see note) State/Local Consumer Advocate; authority to enter; communication with residents, clients, patients; review of records.

§ 122C-15. (This Article has a contingent effective date – see note) State/Local Consumer Advocate; authority to enter; communication with residents, clients, patients; review of records.
(a) For purposes of this section, G.S. 122C-16 and G.S. 122C-17, "Consumer Advocate" means either the State Consumer Advocate or any Local Consumer Advocate.
(b) In performing the Consumer Advocate's duties, a Consumer Advocate shall have access at all times to any State or area facility and shall have reasonable access to any consumer or to an employee of a State or area facility. Entry and access to any consumer or to an employee shall be conducted in a manner that will not significantly disrupt the provision of services. If a facility requires visitor registration, then the Consumer Advocate shall register.
(c) In performing the Consumer Advocate's duties, a Consumer Advocate may communicate privately and confidentially with a consumer. A consumer shall not be compelled to communicate with a Consumer Advocate. When initiating communication, a Consumer Advocate shall inform the consumer of the Consumer Advocate's purpose and that a consumer may refuse to communicate with the Consumer Advocate. A Consumer Advocate also may communicate privately and confidentially with State and area facility employees in performing the Consumer Advocate's duties.
(d) Notwithstanding G.S. 8-53, G.S. 8-53.3, or any other law relating to confidentiality of communications involving a consumer, in the course of performing the Consumer Advocate's duties, the Consumer Advocate may access any information, whether recorded or not, concerning the admission, discharge, medication, treatment, medical condition, or history of any consumer to the extent permitted by federal law and regulations. Notwithstanding any State law pertaining to the privacy of personnel records, in the course of the Consumer Advocate's duties, the Consumer Advocate shall have access to personnel records of employees of State, area authority, or county program facilities. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-16 - (This Article has a contingent effective date - see note) State/Local Consumer Advocate; resolution of complaints.

§ 122C-16. (This Article has a contingent effective date – see note) State/Local Consumer Advocate; resolution of complaints.
(a) Following receipt of a complaint, a Consumer Advocate shall attempt to resolve the complaint using, whenever possible, informal mediation, conciliation, and persuasion.
(b) If a complaint concerns a particular consumer, the consumer may participate in determining what course of action the Consumer Advocate should take on the consumer's behalf. If the consumer has an opinion concerning a course of action, the Consumer Advocate shall consider the consumer's opinion.
(c) Following receipt of a complaint, a Consumer Advocate shall contact the service provider to allow the service provider the opportunity to respond, provide additional information, or initiate action to resolve the complaint.
(d) Complaints or conditions adversely affecting consumers that cannot be resolved in the manner described in subsection (a) of this section shall be referred by the Consumer Advocate to the appropriate licensing agency under Article 2 of this Chapter. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-17 - (This Article has a contingent effective date - see note) State/Local Consumer Advocate; confidentiality.

§ 122C-17. (This Article has a contingent effective date – see note) State/Local Consumer Advocate; confidentiality.
(a) Except as required by law, a Consumer Advocate shall not disclose the following:
(1) Any confidential or privileged information obtained pursuant to G.S. 122C-15 unless the affected individual authorizes disclosure in writing; or
(2) The name of anyone who has furnished information to a Consumer Advocate unless the individual authorizes disclosure in writing.
(b) Violation of this section is a Class 3 misdemeanor, punishable only by a fine not to exceed five hundred dollars ($500.00).
(c) All confidential or privileged information obtained under this section and the names of persons providing information to a Consumer Advocate are exempt from disclosure pursuant to Chapter 132 of the General Statutes. Access to substance abuse records and redisclosure of protected information shall be in compliance with federal confidentiality laws protecting medical records. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-18 - (This Article has a contingent effective date - see note) State/Local Consumer Advocate; retaliation prohibited.

§ 122C-18. (This Article has a contingent effective date – see note) State/Local Consumer Advocate; retaliation prohibited.
No one shall discriminate or retaliate against any person, provider, or facility because the person, provider, or facility in good faith complained or provided information to a Consumer Advocate. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-19 - (This Article has a contingent effective date - see note) State/Local Consumer Advocate; immunity from liability.

§ 122C-19. (This Article has a contingent effective date – see note) State/Local Consumer Advocate; immunity from liability.
(a) The State and Local Consumer Advocate shall be immune from liability for the good faith performance of official Consumer Advocate duties.
(b) A State or area facility, its employees, and any other individual interviewed by a Consumer Advocate are immune from liability for damages resulting from disclosure of any information or documents to a Consumer Advocate pursuant to this Article. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1A - MH/DD/SA Consumer Advocacy Program. › § 122C-20 - (This Article has a contingent effective date - see note) State/Local Consumer Advocate; penalty for willful interference.

§ 122C-20. (This Article has a contingent effective date – see note) State/Local Consumer Advocate; penalty for willful interference.
Willful interference by an individual other than the consumer or the consumer's representative with the State or a Local Consumer Advocate in the performance of the Consumer Advocate's official duties is a Class 1 misdemeanor. (2001-437, s. 2; 2002-126, s. 10.30; 2003-284, s. 10.10; 2005-276, s. 10.27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.5 - Definitions.

§ 122C-20.5. Definitions.
The following definitions apply in this Article:
(1) Individual with serious and persistent mental illness or SPMI. – A person who is 18 years of age or older who meets one of the following criteria:
a. Has a mental illness or disorder that is so severe and chronic that it prevents or erodes development of functional capacities in primary aspects of daily life such as personal hygiene and self-care, decision making, interpersonal relationships, social transactions, learning, and recreational activities.
b. Is receiving Supplemental Security Income or Social Security Disability Income due to mental illness.
(2) Individual with serious mental illness or SMI. – An individual who is 18 years of age or older with a mental illness or disorder that is described in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, that impairs or impedes functioning in one or more major areas of living and is unlikely to improve without treatment, services, supports, or all three. The term does not include a primary diagnosis of Alzheimer's disease or dementia. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.6 - Department to establish statewide supportive housing program for individuals transitioning into community living; purpose.

§ 122C-20.6. Department to establish statewide supportive housing program for individuals transitioning into community living; purpose.
The Department of Health and Human Services, in consultation with the North Carolina Housing Finance Agency, shall establish and administer a tenant-based rental assistance program known as the North Carolina Supportive Housing Program. The purpose of the program is to transition individuals diagnosed with serious mental illness or serious and persistent mental illness from institutional settings to more integrated community-based settings appropriate to meet their needs. Under the program, the Department, in consultation with the North Carolina Housing Finance Agency and LME/MCOs, shall arrange for program participants to be transitioned to housing slots available through the program with all the rights and obligations created by a landlord-tenant relationship. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.7 - Administration of housing subsidies for supportive housing.

§ 122C-20.7. Administration of housing subsidies for supportive housing.
The Department may enter into a contract with a private vendor to serve as the housing subsidy administrator for the North Carolina Supportive Housing Program with responsibility for distributing rental vouchers and community living vouchers to program participants based on a formula developed by the Department. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.8 - Eligibility requirements for NC Supportive Housing Program.

§ 122C-20.8. Eligibility requirements for NC Supportive Housing Program.
The Division of Aging and Adult Services shall adopt rules to establish eligibility requirements for the program. The eligibility requirements shall, at a minimum, include income eligibility requirements and requirements to give priority for program participation and transition services to individuals diagnosed with serious mental illness or serious and persistent mental illness who are currently residing in institutional settings. The Division may adopt temporary rules necessary to implement this Article. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.9 - In-reach activities for supportive housing.

§ 122C-20.9. In-reach activities for supportive housing.
The Department shall have ongoing responsibility for developing and distributing a list of potentially eligible program participants for each LME/MCO by catchment area. Upon receipt of this information, each LME/MCO shall have ongoing responsibility for prioritizing the list of individuals to whom it will provide in-reach activities in order to (i) arrange an in-person meeting with potentially eligible participants to determine their eligibility and level of interest and (ii) report back to the Department on the LME/MCO's recommended list of program participants on a daily basis. Upon receipt of an LME/MCO's recommended list of program participants, the Department shall make a final determination of eligibility. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.10 - Allocation of supportive housing slots to LME/MCOs.

§ 122C-20.10. Allocation of supportive housing slots to LME/MCOs.
The Department shall annually determine the number of housing slots to be allocated to each LME/MCO as follows:
(1) Each year, the Department shall distribute at least fifty percent (50%) of the housing slots available through this program equally among all LME/MCOs.
(2) The Department shall award additional housing slots to LME/MCOs based on local need, as determined by the information provided by LME/MCOs to the Department in accordance with G.S. 122C-20.9. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.11 - Transition of program participants into housing slots.

§ 122C-20.11. Transition of program participants into housing slots.
The LME/MCO shall develop a written transition plan for each individual determined to be eligible and interested in participating in the North Carolina Supportive Housing Program. The transition plan for the approved housing slot shall identify at least all of the following:
(1) Available housing units that meet the individual's needs.
(2) Any transition services that will be necessary for the individual, including, but not limited to, a one-time transition stability payment, not to exceed two thousand dollars ($2,000) per individual, for up-front move-in costs approved by the Department or the housing subsidy administrator.
(3) Solutions to potential barriers to the individual's successful transition to community-based supported housing.
(4) Any other information the Department deems necessary for the individual program participant's successful transition into community-based supported housing. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.12 - Transition services.

§ 122C-20.12. Transition services.
LME/MCOs shall provide individualized transition services to program participants within their respective catchment areas for the 90-day period following the individual's transition into a housing slot provided through the program. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.13 - Tenancy support services.

§ 122C-20.13. Tenancy support services.
The Department or the housing subsidy administrator shall provide ongoing tenancy support services to program participants. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.14 - Approval of landlords and housing units.

§ 122C-20.14. Approval of landlords and housing units.
The Department shall develop an application process for owners of housing units seeking to participate in the program as landlords. The application process shall, at a minimum, include an inspection of the owners' selected housing units and a requirement that owners receive educational information from the Department about the North Carolina Supportive Housing Program prior to being approved as landlords. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.15 - Annual reporting on NC Supportive Housing Program.

§ 122C-20.15. Annual reporting on NC Supportive Housing Program.
Annually on October 1, the Department shall report to the Joint Legislative Oversight Committee on Health and Human Services of the General Assembly on the number of individuals within each LME/MCO catchment area who transitioned into housing slots available through the North Carolina Supportive Housing Program during the preceding calendar year. The report shall include a breakdown of all funds expended by each LME/MCO for transitioning these individuals into the housing slots. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 1B - Transitions to Community Living. › § 122C-20.16 - NC Supportive Housing Program not an entitlement.

§ 122C-20.16. NC Supportive Housing Program not an entitlement.
The Department shall not be required to provide housing slots to individuals beyond the number that can be supported by funds appropriated by the General Assembly for this purpose. The supportive housing program established under this Part, whether administered by the Department or a private entity, is not an entitlement, and nothing in this Part shall create any property right. (2013-397, s. 6(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 2 - Licensure of Facilities for Individuals With Mental Health Disorders, Developmental Disabilities, and Substance Use Disorders. › § 122C-21 - Purpose.

§ 122C-21. Purpose.
The purpose of this Article is to provide for licensure of facilities for the individuals with mental health disorders, developmental disabilities, and substance use disorders by the development, establishment, and enforcement of basic rules governing both of the following:
(1) The provision of services to individuals who receive services from licensable facilities as defined by this Chapter.
(2) The construction, maintenance, and operation of these licensable facilities that in the light of existing knowledge will ensure safe and adequate treatment of these individuals. The Department shall ensure that licensable facilities are inspected every two years to determine compliance with physical plant and life-safety requirements. (1983, c. 718, s. 1; 1985, c. 589, s. 2; 1989, c. 625, s. 4; 2005-276, s. 10.40A(c); 2021-77, s. 7.4(b).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 2 - Licensure of Facilities for Individuals With Mental Health Disorders, Developmental Disabilities, and Substance Use Disorders. › § 122C-24 - Adverse action on a license.

§ 122C-24. Adverse action on a license.
(a) The Secretary may deny, suspend, amend, or revoke a license in any case in which the Secretary finds that there has been a substantial failure to comply with any provision of this Article or other applicable statutes or any applicable rule adopted pursuant to these statutes. Action[s] under this section and appeals of those actions shall be in accordance with rules of the Commission and Chapter 150B of the General Statutes.
(b) When an appeal is filed concerning the denial, suspension, amendment, or revocation of a license, a copy of the proposal for decision shall be sent to the Chairman of the Commission in addition to the parties specified in G.S. 150B-34. The Chairman or members of the Commission designated by the Chairman may submit for the Secretary's consideration written or oral comments concerning the proposal prior to the issuance of a final agency decision in accordance with G.S. 150B-36. (1983, c. 718, s. 1; 1985, c. 589, s. 2; 1985 (Reg. Sess., 1986), c. 863, ss. 8-10; 1987, c. 345, s. 5.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 2 - Licensure of Facilities for Individuals With Mental Health Disorders, Developmental Disabilities, and Substance Use Disorders. › § 122C-24.2 - Regulatory oversight reporting.

§ 122C-24.2. Regulatory oversight reporting.
(a) The Division of Health Service Regulation (DHSR) shall establish a quality dashboard that addresses mental health, intellectual and developmental disabilities, and substance use services (MH/IDD/SUS) agency performance and identifies trends and outcomes of DHSR reviews.
(b) DHSR shall post the following data to its website on a monthly basis beginning January 31, 2024:
(1) The number of MH/IDD/SUS facility licenses granted by licensure type or licensure category, whichever shall apply.
(2) Any identified trends regarding violations of review.
(3) The 10 most frequently violated rules.
(4) The 10 most frequently violated rules for each program type.
(5) Top core cited rule areas.
(6) The number of general citations issued requiring a corrective action plan.
(7) The number of Type B violations cited.
(8) The number of Type A2 violations cited.
(9) The number of Type A1 violations cited.
(10) The number of suspensions of admissions issued.
(11) The number of revocations issued.
(12) The number of summary suspensions issued.
(13) The number and amount of monetary penalties issued.
(c) DHSR shall post the following data to its website on a quarterly basis beginning January 31, 2024:
(1) A statement on how well it is complying with the statutory requirement of G.S. 122C-24.1 that reports of violations be sent to facilities within 15 working days of the investigation.
(2) The number of informal appeals and number of contested cases filed pursuant to the provisions of Chapter 150B of the General Statutes.
(3) The number of contested cases dismissed, number of contested cases upholding agency action, number of contested cases overturning agency action, and number of contested cases where agency action was upheld in part and overturned in part.
(d) DHSR shall make the following regulatory changes to promote transparency and enhanced communication with providers:
(1) DHSR shall establish a workgroup in collaboration with providers to address ongoing concerns identified by DHSR and providers. These discussions may include clarification of clear rules of engagement and standard operating procedures.
(2) DHSR shall make available annual training to providers and shall solicit feedback from providers and provider associations regarding topics and the scheduling of the annual training as identified by the workgroup.
(3) DHSR shall align its review processes to reflect technology in electronic health records and accept documentation presented through the electronic health record. DHSR may also request that it be provided with a printed copy of portions of the electronic health record or that it be provided with electronic copies of the electronic health record. Both shall be provided as requested. (2023-80, ss. 1, 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 2 - Licensure of Facilities for Individuals With Mental Health Disorders, Developmental Disabilities, and Substance Use Disorders. › § 122C-25 - Inspections; confidentiality.

§ 122C-25. Inspections; confidentiality.
(a) The Secretary shall make or cause to be made inspections that the Secretary considers necessary. Facilities licensed under this Article shall be subject to inspection at all times by the Secretary. All residential facilities as defined in G.S. 122C-3(14)e. shall be inspected on an annual basis.
(b) Notwithstanding G.S. 8-53, G.S. 8-53.3 or any other law relating to confidentiality of communications involving a patient or client, in the course of an inspection conducted under this section, representatives of the Secretary may review any writing or other record concerning the admission, discharge, medication, treatment, medical condition, or history of any individual who is or has been a patient, resident, or client of a licensable facility and the personnel records of those individuals employed by the licensable facility.
A licensable facility, its employees, and any other individual interviewed in the course of an inspection are immune from liability for damages resulting from disclosure of any information to the Secretary.
Except as required by law, it is unlawful for the Secretary or an employee of the Department to disclose the following information to someone not authorized to receive the information:
(1) Any confidential or privileged information obtained under this section unless the client or his legally responsible person authorizes disclosure in writing; or
(2) The name of anyone who has furnished information concerning a licensable facility without the individual's consent.
Violation of this subsection is a Class 3 misdemeanor punishable only by a fine, not to exceed five hundred dollars ($500.00).
All confidential or privileged information obtained under this section and the names of persons providing this information are exempt from Chapter 132 of the General Statutes.
(c) The Secretary shall adopt rules regarding inspections, that, at a minimum, provide for:
(1) A general administrative schedule for inspections; and
(2) An unscheduled inspection without notice, if there is a complaint alleging the violation of any licensing rule adopted under this Article.
(d) All residential facilities, as defined in G.S. 122C-3(14)e., shall ensure that the Division of Health Service Regulation complaint hotline number is posted conspicuously in a public place in the facility. (1983, c. 718, s. 1; 1985, c. 589, s. 2; 1993, c. 539, s. 918; 1994, Ex. Sess., c. 24, s. 14(c); 2005-276, ss. 10.40A(g), 10.40A(h); 2007-182, s. 1.)