GUARDIANSHIP ROLES OF MHDDSA PROVIDERS (NEW).

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View NCGA Bill Details2013-2014 Session
House Bill 543 (Public) Filed Wednesday, April 3, 2013
A BILL TO BE ENTITLED AN ACT ADDRESSING PERMISSIBLE GUARDIANSHIP ROLES FOR CORPORATIONS AND INDIVIDUALS THAT PROVIDE MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE SERVICES.
Intro. by Jones, Avila, Glazier, Turner.

Status: Ch. SL 2013-258 (House Action) (Jul 10 2013)

SOG comments (1):

Title changes

The Senate committee substitute to the 2nd edition changes the act's titles. The original long title was: A BILL TO BE ENTITLED AN ACT ALLOWING PROVIDERS OF MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE SERVICES TO SERVE AS UNCOMPENSATED, COURT-APPOINTED GUARDIANS TO UNRELATED CLIENTS.

Bill History:

H 543/S.L. 2013-258

Bill Summaries:

  • Summary date: Jul 11 2013 - View Summary

    AN ACT ADDRESSING PERMISSIBLE GUARDIANSHIP ROLES FOR CORPORATIONS AND INDIVIDUALS THAT PROVIDE MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE SERVICES. Enacted July 10, 2013. Effective July 10, 2013.


  • Summary date: Jun 26 2013 - View Summary

    Conference report makes the following changes to the 3rd edition.

    Amends GS 35A-1213(f) to allow an individual contracting with or employed by an entity contracting with a LME for mental health, developmental disabilities, and substance abuse services to serve as a guardian for a ward for whom the services are provided if the person is a member of the ward's immediate family and under contract with an LME for the delivery of services and was serving as a guardian on January 1, 2013 (was, a member of the ward's immediate family, a licensed family foster care provider, or a licensed therapeutic foster care provider under contract for the delivery of services and serving as a guardian as of January 1, 2013).


  • Summary date: Jun 5 2013 - View Summary

    Senate committee substitute to the 2nd edition makes the following changes. Amends GS 35A-1213(c) to prohibit appointing a corporation as guardian for an individual to whom it provides mental health, developmental disabilities, or substance abuse services for compensation as part of a contractual or other arrangement with a local management entity.

    Amends GS 35A-1213(f) to add a licensed therapeutic foster care provider to those that may serve as a guardian for a ward for whom the entity is providing services, where the provider is under contract with a local management entity for the delivery of mental health, developmental disabilities, and substance abuse services and is serving as a guardian as of January 1, 2013. Makes organizational and clarifying changes to the statute.

    Amends the act's short and long titles.


  • Summary date: Apr 24 2013 - View Summary

    House committee substitute to the 1st edition makes the following changes. Amends GS 35A-1213(f) to provide that an individual who contracts with or is employed by an entity that contracts with an LME for the delivery of mental health, developmental disabilities, and substance abuse services may not serve as a guardian for a ward for whom the individual or entity is providing these services unlessĀ one of three conditions is met, including the individual is not biologically related to the ward, and was serving on March 1, 2013 as a guardian without compensation (was, not biologically related to the ward and appointed by the court and serving as a guardian without compensation).

    Adds the requirement that the Joint Legislative Oversight Committee on Health and Human Services appoint a subcommittee to examine the impact of the 1915(b)/(c) Medicaid waiver and other mental health system reforms on public guardianship services and report to the Committee on or before May 9, 2014, at which time the subcommittee terminates.


  • Summary date: Apr 3 2013 - View Summary

    As the title indicates.