reglab/statecodes huggingface dataset:
2023 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-121 - Area director.

§ 122C-121. Area director.
(a) The area director is an employee of the area board, shall serve at the pleasure of the board, and shall be appointed in accordance with G.S. 122C-117(7). As used in this subsection, "employee" means an individual and does not include a corporation, a partnership, a limited liability corporation, or any other business association.
(a1) The area board shall establish the area director's salary under Article 3 of Chapter 126 of the General Statutes. Notwithstanding G.S. 126-9(b), an area director 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 director. 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.
(a2) The area board shall not provide the director with any benefits that are not also provided by the area board to all permanent employees of the area program, except that the area board may, in its discretion, offer severance benefits, relocation expenses, or both, to an applicant for the position of director as an incentive for the applicant to accept an offer of employment. The director shall be reimbursed only for allowable employment-related expenses at the same rate and in the same manner as other employees of the area program.
(b) The area board shall evaluate annually the area director for performance based on criteria established by the Secretary and the area board. In conducting the evaluation, the area board shall consider comments from the board of county commissioners.
(c) The area director is the administrative head of the area program. In addition to the duties under G.S. 122C-111, the area director shall:
(1) Appoint, supervise, and terminate area program staff.
(2) Administer area authority services.
(3) Develop the budget of the area authority for review by the area board.
(4) Provide information and advice to the board of county commissioners through the county manager.
(5) Act as liaison between the area authority and the Department.
(d) Except when specifically waived by the Secretary, the area director shall meet all the following minimum qualifications:
(1) Masters degree.
(2) Related experience.
(3) Management experience.
(4) Any other qualifications required under G.S. 122C-120.1. (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. 1.12; 2006-142, s. 4(k); 2007-323, s. 6.20(a); 2012-151, s. 11(c); 2013-339, s. 1; 2013-382, s. 9.1(c).)
2023 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-123 - Other agency responsibility.

§ 122C-123. Other agency responsibility.
Notwithstanding the provisions of G.S. 122C-112(a)(10), G.S. 122C-117(a)(1), G.S. 122C-127, and G.S. 122C-131, other agencies of the Department, other State agencies, and other local agencies shall continue responsibility for services they provide for persons with developmental disabilities. (1987, c. 830, s. 47(e); 1989, c. 625, s. 14; 1995 (Reg. Sess., 1996), c. 690, s. 11.)
2023 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-123.1 - Area authority reimbursement to State for disallowed expenditures.

§ 122C-123.1. Area authority reimbursement to State for disallowed expenditures.
Any funds or part thereof of an area authority that are transferred by the area authority to any entity including a firm, partnership, corporation, company, association, joint stock association, agency, or nonprofit private foundation shall be subject to reimbursement by the area authority to the State when expenditures of the area authority are disallowed pursuant to a State or federal audit. (1999-237, s. 11.41.)
2023 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).)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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).)
2023 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).)
2023 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.S122C-151.2 by Session Laws 1993, c321, s220.

§ 122C-145: Renumbered as G.S. 122C-151.2 by Session Laws 1993, c. 321, s. 220.
2023 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.)
2023 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 Use 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; 2023-65, s. 5.2(b).)
2023 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).)
2023 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).)
2023 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.)
2023 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).)
2023 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.)
2023 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-156 - Salary plan for employees of the area authority.

§ 122C-156. Salary plan for employees of the area authority.
(a) The area authority shall establish a salary plan which shall set the salaries for employees of the area authority. The salary plan shall be in compliance with Chapter 126 of the General Statutes. In a multi-county area, the salary plan shall not exceed the highest paying salary plan of any county in that area. In a single-county area, the salary plan shall not exceed the county's salary plan. The salary plan limitations set forth in this section may be exceeded only if the area authority and the board or boards of county commissioners, as the case may be, jointly agree to exceed these limitations.
(b) An area authority may purchase life insurance or health insurance or both for the benefit of all or any class of authority officers or employees as a part of its compensation. An area authority may provide other fringe benefits for authority officers and employees.
(c) An area authority that is providing health insurance under subsection (b) of this section may provide health insurance for all or any class of former officers and employees of the area authority who are receiving benefits under Article 3 of Chapter 128 of the General Statutes. Health insurance may be paid entirely by the area authority, partly by the area authority and former officer or employee, or entirely by the former officer or employee, at the option of the area board. (1977, c. 568, s. 1; 1979, c. 358, ss. 15, 23; 1985, c. 589, s. 2.)
2023 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-157 - Establishment of a professional reimbursement policy.

§ 122C-157. Establishment of a professional reimbursement policy.
The area authority shall adopt and enforce a professional reimbursement policy. This policy shall (i) require that fees for the provision of services received directly under the supervision of the area authority shall be paid to the area authority, (ii) prohibit employees of the area authority from providing services on a private basis which require the use of the resources and facilities of the area authority, and (iii) provide that employees may not accept dual compensation and dual employment unless they have the written permission of the area authority. (1977, c. 568, s. 1; 1979, c. 358, s. 17; 1985, c. 589, s. 2.)
2023 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-182 - Authority to contract with area authorities.

§ 122C-182. Authority to contract with area authorities.
To establish a coordinated system of services for its clients, a State facility shall contract with an area authority. Contracted services shall meet the rules of the Commission and the Secretary. (1985, c. 589, s. 2.)
2023 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-183 - Appointment of employees as police officers who may arrest without warrant.

§ 122C-183. Appointment of employees as police officers who may arrest without warrant.
The director of each State facility may appoint as special police officers the number of employees of their respective facilities they consider necessary. Within the grounds of the State facility the employees appointed as special police officers have all the powers of police officers of cities. The Secretary, or the Secretary's designee, may assign these special police officers to other State-operated facilities on a temporary basis to carry out the powers allowed under this section and as otherwise provided by laws relating to the specific joint security force to which they are assigned. Upon this temporary assignment, the special police officer will take the oath in G.S. 122C-184 for that specific facility. Following the oath, the police officer has the right to arrest without warrant individuals committing violations of the State law or the ordinances or rules of that facility in their presence and to bring the offenders before a magistrate who shall proceed as in other criminal cases. (1899, c. 1, s. 55; 1901, c. 627; Rev., s. 4569; C.S., s. 6181; 1921, c. 207; 1957, c. 1232, s. 12; 1959, c. 1002, s. 12; 1973, c. 108, s. 73; c. 673, s. 12.1; 1981, c. 635, s. 5; 1985, c. 589, s. 2; 2019-240, s. 19(a).)
2023 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-184 - Oath of special police officers.

§ 122C-184. Oath of special police officers.
Before exercising the duties of a special police officer, the employees appointed under G.S. 122C-183 shall take an oath or affirmation of office before an officer empowered to administer oaths. The oath or affirmation shall be filed with the records of the Department. The oath or affirmation of office is:
State of North Carolina: ________County.
I, ________, do solemnly swear (or affirm) that I will well and truly execute the duties of office of special police officer in and for the State facility called_______, according to the best of my skill and ability and according to law; and that I will use my best endeavors to enforce all the ordinances of said facility, and to suppress nuisances, and to suppress and prevent disorderly conduct within these grounds. So help me, God.
Sworn and subscribed before me, this ______ day of______, A.D. _____.
(1899, c. 1, s. 56; 1901, c. 627; Rev., s. 4570; C.S., s. 6182; 1963, c. 1166, s. 11; 1973, c. 108, s. 74; c. 476, s. 133; 1985, c. 589, s. 2.)
2023 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-185 - Application of funds belonging to State facilities.

§ 122C-185. Application of funds belonging to State facilities.
(a) All moneys and proceeds of property donated to any State facility shall be deposited into the State treasury and accounted for in the appropriate fund as determined by the Secretary and approved by the Office of State Budget and Management. All moneys and proceeds of property donated in which there are special directions for their application and the interest earned on these funds shall be spent as the donor has directed and except as required for deposit with the State treasury, shall not be subject to the provisions of the State Budget Act except for capital improvements projects which shall be authorized and executed in accordance with G.S. 143C-8-8 and G.S. 143C-8-9.
(b) Proceeds from the transfer or sale of surplus, obsolete, or unused equipment of State facilities shall be deposited and accounted for in accordance with G.S. 143-49(4).
(c) The net proceeds from the sale, lease, rental, or other disposition of real estate owned by a State facility shall be deposited and accounted for in accordance with G.S. 146-30.
(d) All proceeds from the operation of vending facilities as defined in G.S. 111-42(d) and operated by State facilities shall be deposited and accounted for in accordance with the State Budget Act, Chapter 143C of the General Statutes.
(e) All other revenues and other receipts collected by a State facility shall be deposited to the credit of the State treasury in accordance with G.S. 147-77. (1899, c. 1, s. 34; Rev., s. 4552; C.S., s. 6167; 1963, c. 1166, s. 13; 1973, c. 476, s. 133; 1985, c. 589, s. 2; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2006-203, s. 68.)
2023 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-186 - General Assembly visitors of State facilities.

§ 122C-186. General Assembly visitors of State facilities.
The members of the General Assembly are ex officio visitors of all State facilities, provided that the common law right of visitation of a State facility is abrogated to the extent that it does not include the right to access to confidential information. This right of access is only as granted by statute. (1963, c. 1184, s. 1; 1973, c. 476, s. 133; 1985, c. 589, s. 2.)
2023 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-192 - Review and protection of information.

§ 122C-192. Review and protection of information.
(a) Notwithstanding G.S. 8-53, G.S. 8-53.3, or any other law relating to confidentiality of communications involving a patient or client, as needed to ensure quality assurance activities, the Secretary may review any writing or other record concerning the admission, discharge, medication, treatment, medical condition, or history of a client of an area authority or State facility. The Secretary may also review the personnel records of employees of an area authority or State facility.
(b) An area authority, State 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 his representative to disclose:
(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 an area authority or State facility without that 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).
(c) The Secretary shall adopt rules to ensure that unauthorized disclosure does not occur.
(d) All confidential or privileged information obtained under this section and the names of individuals providing such information are not public records under Chapter 132 of the General Statutes. (1985, c. 589, s. 2; 1993, c. 539, s. 926; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-201 - Declaration of policy.

§ 122C-201. Declaration of policy.
It is State policy to encourage voluntary admissions to facilities. It is further State policy that no individual shall be involuntarily committed to a 24-hour facility unless that individual is mentally ill or a substance abuser and dangerous to self or others. All admissions and commitments shall be accomplished under conditions that protect the dignity and constitutional rights of the individual.
It is further State policy that, except as provided in G.S. 122C-212(b), individuals who have been voluntarily admitted shall be discharged upon application and that involuntarily committed individuals shall be discharged as soon as a less restrictive mode of treatment is appropriate. (1973, c. 723, s. 1; c. 726, s. 1; c. 1084; c. 1408, s. 1; 1977, c. 400, s. 1; 1979, c. 915, ss. 2, 11; 1983, c. 638, s. 1; c. 864, s. 4; 1985, c. 589, s. 2; 1995 (Reg. Sess., 1996), c. 739, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-202 - Applicability of Article.

§ 122C-202. Applicability of Article.
This Article applies to all facilities unless expressly provided otherwise. Specific provisions that are delineated by the disability of the client, whether the client has a mental illness, has an intellectual or other developmental disability, or is a substance abuser, also apply to all facilities for that client's disability. Provisions that refer to a specific facility or type of facility apply only to the designated facility or facilities. (1985, c. 589, s. 2; 1989, c. 625, s. 20; 2019-76, s. 4.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-202.1 - Hospital privileges.

§ 122C-202.1. Hospital privileges.
Nothing in this Article related to admission, commitment, or treatment shall be deemed to mandate hospitals to grant or deny to any individuals privileges to practice in hospitals. (1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-203 - Admission or commitment and incompetency proceedings to have no effect on one another.

§ 122C-203. Admission or commitment and incompetency proceedings to have no effect on one another.
The admission or commitment to a facility of an individual who allegedly has a mental illness, an alleged substance abuser, or an individual who allegedly has an intellectual or other developmental disability under the provisions of this Article shall in no way affect incompetency proceedings as set forth in Chapter 35A or former Chapters 33 or 35 of the General Statutes and incompetency proceedings under those Chapters shall have no effect upon admission or commitment proceedings under this Article. (1963, c. 1184, s. 1; 1985, c. 589, s. 2; 1989, c. 625, s. 21; 1989 (Reg. Sess., 1990), c. 1024, s. 26(b); 2019-76, s. 5.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-204 - Civil liability for corruptly attempting admission or commitment.

§ 122C-204. Civil liability for corruptly attempting admission or commitment.
Nothing in this Article relieves from liability in any suit instituted in the courts of this State any individual who unlawfully, maliciously, and corruptly attempts to admit or commit any individual to any facility under this Article. (1963, c. 1184, s. 1; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-205.1 - Discharge of clients who escape or breach the condition of release.

§ 122C-205.1. Discharge of clients who escape or breach the condition of release.
(a) As described in G.S. 122C-205(a), when a client of a 24-hour facility escapes or breaches the condition of his release and does not return to the facility, the facility shall:
(1) If the client was admitted under Part 2 of this Article or under Parts 3 or 4 of this Article to a nonrestrictive facility, discharge the client based on the professional judgment of the responsible professional;
(2) If the client was admitted under Part 3 or Part 4 of this Article to a restrictive facility, discharge the client when the period for continued treatment, as specified by the court, expires;
(3) If the client was admitted pending a district court hearing under Part 7 of this Article, request that the court consider dismissal or continuance of the case at the initial district court hearing; or
(4) If the client was committed under Part 7 of this Article, discharge the client when the commitment expires.
(b) As described in G.S. 122C-205(a), when a client of a 24-hour facility who was admitted under Part 8 of this Article escapes or breaches the conditions of his release and does not return to the facility, the facility may discharge the client from the facility based on the professional judgment of the responsible professional and following consultation with the appropriate area authority or physician.
(c) Upon discharge of the client, the 24-hour facility shall notify all the persons directed to be notified of the client's escape or breach of conditional release under 122C-205(a), (b) and (d) that the client has been discharged.
(d) If the client is returned to the 24-hour facility subsequent to discharge from the facility, applicable admission or commitment procedures shall be followed, when appropriate. (1987, c. 674, s. 1.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-207 - Confidentiality.

§ 122C-207. Confidentiality.
Court records made in all proceedings pursuant to this Article are confidential, and are not open to the general public except as provided for by G. S. 122C-54(d). (1977, c. 696, s. 1; 1979, c. 164, s. 2; c. 915, s. 20; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-208 - Voluntary admission not admissible in involuntary proceeding.

§ 122C-208. Voluntary admission not admissible in involuntary proceeding.
Except when considering treatment history as it pertains to an involuntary outpatient commitment, the fact that an individual has been voluntarily admitted for treatment shall not be competent evidence in an involuntary commitment proceeding. (1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-209 - Voluntary admissions acceptance.

§ 122C-209. Voluntary admissions acceptance.
Nothing contained in Parts 2 through 5 of this Article requires a private physician or private facility to accept an individual as a client for examination or treatment. Examination or treatment at a private facility or by a private physician is at the expense of the individual to the extent that charges are not disposed of by contract between the area authority and private facility. (1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-210 - Guardian to pay expenses out of estate.

§ 122C-210. Guardian to pay expenses out of estate.
It is the duty of the guardian who has legal custody of the estate of an incompetent individual held pursuant to the provisions of this Article in a facility to supply funds for his support in the facility during the stay as long as there are sufficient funds for that purpose over and beyond maintaining and supporting those individuals who may be legally dependent on the estate. (1985, c. 589, s. 2.)