Bill Summary for H 1075 (2011-2012)

Summary date: 

Jun 11 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 1075 (Public) Filed Tuesday, May 22, 2012
TO MAKE CHANGES IN GOVERNANCE OF LOCAL MANAGEMENT ENTITIES WITH RESPECT TO THE IMPLEMENTATION OF STATEWIDE EXPANSION OF THE 1915(B)/(C) MEDICAID WAIVER, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.
Intro. by Dollar, Burr

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Bill summary

Senate committee substitute makes the following changes to 2nd edition.
Adds new section enacting Part 2B, Behavioral Health Authority, in Article 4 of GS Chapter 122C to provide for the creation of behavioral health authorities. Authorizes the governing board of a local management entity (LME), which has been successfully operating as a managed care organization under a 1915(b)/(c) Medicaid Waiver for at least three years, to create a behavioral health authority, subject to approval by the Secretary of the Department of Health and Human Services, to manage resources for mental health, intellectual and other developmental disabilities, and substance abuse services. Requires the behavioral health authority to fulfill all listed purposes, including ongoing communication and coordination with other organized systems and maintaining a local presence. Specifies that the LME area board becomes the board of directors for the behavioral health authority, with terms and membership as detailed. Enumerates powers of the behavioral health authority, including the power to perform public relations and community advocacy functions and the power to acquire property.
Details the liability provisions applicable to persons serving as directors, trustees, and officers of a behavioral health authority. Specifies that the Local Government Budget and Fiscal Control Act, except for Part 1 (budgets), Part 2 (capital reserve funds), and Part 3 (fiscal control) of Article 3, applies to behavioral health authorities. Requires a behavioral health authority to appoint a finance officer and lists the officer’s powers. Sets forth additional provisions related to a behavioral health authority’s budget and provides for annual audits. Authorizes an authority to issue revenue bonds, borrow money, and purchase property under specified instruments. Permits the authority to enter into a contract for less than $5 million without approval by the Local Government Commission, except as detailed.
Requires a behavioral health authority to establish Local Consumer and Family Advisory Committees and adopt the state’s policy on clients’ rights. Provides that a behavioral health authority has the same duties and responsibilities for involuntary commitments as area authorities. Requires an authority to establish Medicaid grievance procedures and to comply with statutory provisions for consumer and provider appeals. States that an authority is not a disinterested public agent, may not serve as the guardian for an individual adjudicated incompetent, and may not contract with a third party to serve as guardian for an individual who receives or could receive behavioral healthcare managed by the authority. Provides for disclosure of competitive healthcare information, as defined, according to specified provisions. States that proposed Part 2B controls if inconsistent with other laws. Makes conforming changes to the definition of local management entity in GS 122C-3(21) and to GS 122C-115(a). Makes other conforming changes.
Amends GS 122C-118.1(b) to add as a member of an area board an administrator from a hospital providing mental health, developmental disabilities, and substance abuse emergency services to serve as a nonvoting member and participate only in board activities that are open to the public.
Deletes sections amending GS 153A-76 and GS 153A-77, which prohibited a county board of commissioners from consolidating an area mental health, developmental disabilities, and substance abuse board into a consolidated human services board, or from abolishing an area board.
Amends GS 122C-154 and GS 122C-121 to prohibit salary adjustments above the normal allowable salaries for area authority employees and directors without prior approval from the Director of the Office of State Personnel.
Makes technical changes to the bill title.

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