§ 122C-112.1. Powers and duties of the Secretary. - North Carolina Statutes

§ 122C‑112.1.  Powersand duties of the Secretary.

(a)        The Secretary shalldo all of the following:

(1)        Oversee developmentand implementation of the State Plan for Mental Health, DevelopmentalDisabilities, and Substance Abuse Services.

(2)        Enforce the provisionsof this Chapter and the rules of the Commission and the Secretary.

(3)        Establish a processand criteria for the submission, review, and approval or disapproval of LMEbusiness plans submitted by area authorities and county programs for themanagement of mental health, developmental disabilities, and substance abuseservices.

(4)        Adopt rulesspecifying the content and format of LME business plans.

(5)        Review LME businessplans and, upon approval of the plan, certify the submitting area authority or countyprogram to manage the delivery of mental health, developmental disabilities,and substance abuse services in the applicable catchment area.

(6)        Establishcomprehensive, cohesive oversight and monitoring procedures and processes toensure continuous compliance by area authorities, county programs, and allproviders of public services with State and federal policy, law, and standards.The procedures shall include the development and use of critical performancemeasures and report cards for each area authority and county program.

(7)        Conduct regularlyscheduled monitoring and oversight of area authority, county programs, and allproviders of public services. Monitoring and oversight shall be used to assesscompliance with the LME business plan and implementation of core LME functions.Monitoring shall also include the examination of LME and provider performanceon outcome measures including adherence to best practices, the assessment ofconsumer satisfaction, and the review of client rights complaints.

(8)        Make findings andrecommendations based on information and data collected pursuant to subdivision(7) of this subsection and submit these findings and recommendations to theapplicable area authority board, county program director, board of countycommissioners, providers of public services, and to the Local Consumer AdvocacyOffice.

(9)        Provide ongoing andfocused technical assistance to area authorities and county programs in theimplementation of the LME functions and the establishment and operation ofcommunity‑based programs. The technical assistance required under thissubdivision includes, but is not limited to, the technical assistance requiredunder G.S. 122C‑115.4(d)(2). The Secretary shall include in the StatePlan a mechanism for monitoring the Department's success in implementing thisduty and the progress of area authorities and county programs in achievingthese functions.

(10)      Operate Statefacilities and adopt rules pertaining to their operation.

(11)      Develop a unifiedsystem of services provided at the community level, by State facilities, and byproviders enrolled or under a contract with the State and an area authority orcounty program.

(12)      Adopt rules governingthe expenditure of all funds for mental health, developmental disabilities, andsubstance abuse programs and services.

(13)      Adopt rules toimplement the appeal procedure authorized by G.S. 122C‑151.2.

(14)      Implement the uniformportal process developed under rules adopted by the Commission for MentalHealth, Developmental Disabilities, and Substance Abuse Services in accordancewith G.S. 122C‑114.

(15)      Except as provided inG.S. 122C‑26(4), adopt rules establishing procedures for waiver of rulesadopted by the Secretary under this Chapter.

(16)      Notify the clerks ofsuperior court of changes in the designation of State facility regions and offacilities designated under G.S. 122C‑252.

(17)      Promote publicawareness and understanding of mental health, mental illness, developmentaldisabilities, and substance abuse.

(18)      Administer andenforce rules that are conditions of participation for federal or Statefinancial aid.

(19)      Carry out G.S. 122C‑361.

(20)      Monitor the fiscaland administrative practices of area authorities and county programs to ensurethat the programs are accountable to the State for the management and use offederal and State funds allocated for mental health, developmentaldisabilities, and substance abuse services. The Secretary shall ensure maximumaccountability by area authorities and county programs for rate‑settingmethodologies, reimbursement procedures, billing procedures, providercontracting procedures, record keeping, documentation, and other matterspertaining to financial management and fiscal accountability. The Secretaryshall further ensure that the practices are consistent with professionallyaccepted accounting and management principles.

(21)      Provide technicalassistance, including conflict resolution, to counties in the development andimplementation of area authority and county program business plans and othermatters, as requested by the county.

(22)      Develop a methodologyto be used for calculating county resources to reflect cash and in‑kindcontributions of the county.

(23)      Adopt rulesestablishing program evaluation and management of mental health, developmentaldisabilities, and substance abuse services.

(24)      Adopt rules regardingthe requirements of the federal government for grants‑in‑aid formental health, developmental disabilities, or substance abuse programs whichmay be made available to area authorities or county programs or the State. Thissection shall be liberally construed in order that the State and its citizensmay benefit from the grants‑in‑aid.

(25)      Adopt rules fordetermining minimally adequate services for purposes of G.S. 122C‑124.1and G.S. 122C‑125.

(26)      Establish a processfor approving area authorities and county programs to provide services directlyin accordance with G.S. 122C‑141.

(27)      Sponsor trainingopportunities in the fields of mental health, developmental disabilities, andsubstance abuse.

(28)      Enforce theprotection of the rights of clients served by State facilities, areaauthorities, county programs, and providers of public services.

(29)      Adopt rules for theenforcement of the protection of the rights of clients being served by Statefacilities, area authorities, county programs, and providers of publicservices.

(30)      Prior to requestingapproval to close a State facility under G.S. 122C‑181(b):

a.         Notify the JointLegislative Commission on Governmental Operations, the Joint LegislativeCommittee on Mental Health, Developmental Disabilities, and Substance AbuseServices, and members of the General Assembly who represent catchment areasaffected by the closure; and

b.         Present a plan forthe closure to the members of the Joint Legislative Committee on Mental Health,Developmental Disabilities, and Substance Abuse Services, the House ofRepresentatives Appropriations Subcommittee on Health and Human Services, andthe Senate Appropriations Committee on Health and Human Services for theirreview, advice, and recommendations. The plan shall address specifically howpatients will be cared for after closure, how support services to community‑basedagencies and outreach services will be continued, and the impact on remainingState facilities. In implementing the plan, the Secretary shall take intoconsideration the comments and recommendations of the committees to which theplan is presented under this subdivision.

(31)      Ensure that the StatePlan for Mental Health, Developmental Disabilities, and Substance AbuseServices is coordinated with the Medicaid State Plan and NC Health Choice.

(32)      Implement standardforms, quality measures, contracts, processes, and procedures to be used by allarea authorities and county programs with other public and private serviceproviders. The Secretary shall consult with LMEs, CFACs, counties, andqualified providers regarding the development of any forms, processes, andprocedures required under this subdivision. Any document, process, or proceduredeveloped under this subdivision shall place an obligation upon providers totransmit to LMEs timely client information and outcome data. The Secretaryshall also adopt rules regarding what constitutes a clean claim for purposes ofbilling.

Whenimplementing this subdivision, the Secretary shall balance the need for LMEs toexercise discretion in the discharge of their LME functions with the need ofqualified providers for a uniform system of doing business with publicentities.

(33)      Develop and implementcritical performance indicators to be used to hold LMEs accountable formanaging the mental health, developmental disabilities, and substance abuseservices system. The performance system indicators shall be implemented nolater than July 1, 2007.

(34)      Adopt rules for theimplementation of a co‑payment graduated schedule to be used by LMEs andby contractual provider agencies under G.S. 122C‑146. The co‑paymentgraduated schedule shall be developed to require a co‑payment forservices identified by the Secretary. Families whose family income is threehundred percent (300%) or greater of the federal poverty level are eligible forservices with the applicable co‑payment.

(35)      Develop and adoptrules governing a statewide data system containing waiting list informationobtained annually from each LME as required under G.S. 122C‑115.4(b)(8).The rules adopted shall establish standardized criteria to be used by LMEs toensure that the waiting list data are consistent across LMEs. The Departmentshall use data collected from LMEs under G.S. 122C‑115.4(b)(8) forstatewide planning and needs projections. The creation of the statewide waitinglist data system does not create an entitlement to services for individuals onthe waiting list. The Department shall report annually to the Joint LegislativeOversight Committee on Mental Health, Developmental Disabilities, and SubstanceAbuse Services its recommendations based on data obtained annually from eachLME. The report shall indicate the services that are most needed throughout theState, plans to address unmet needs, and any cost projections for providingneeded services.

(36)      The Department shallensure that developmental disability services funded from State appropriationsto or allocations from the Division of Mental Health, DevelopmentalDisabilities, and Substance Abuse Services, including CAP‑MRDD areauthorized on a quarterly, semiannual, or annual basis, in accordance withguidelines issued by the Department, unless a change in the individual's person‑centeredplan indicates a different authorization frequency.

(37)      The Department shalldevelop new developmental disability service definitions for developmentaldisability services funded from State appropriations to or allocations from theDivision of Mental Health, Developmental Disabilities, and Substance AbuseServices, including CAP‑MRDD that allow for person‑centered andself‑directed supports.

(b)        The Secretary maydo the following:

(1)        Acquire, by purchaseor otherwise in the name of the Department, equipment, supplies, and otherpersonal property necessary to carry out the mental health, developmentaldisabilities, and substance abuse programs.

(2)        Promote and conductresearch in the fields of mental health, developmental disabilities, andsubstance abuse; promote best practices.

(3)        Receive donations ofmoney, securities, equipment, supplies, or any other personal property of anykind or description that shall be used by the Secretary for the purpose ofcarrying out mental health, developmental disabilities, and substance abuseprograms. Any donations shall be reported to the Office of State Budget andManagement as determined by that office.

(4)        Accept, allocate,and spend any federal funds for mental health, developmental disabilities, andsubstance abuse activities that may be made available to the State by thefederal government. This Chapter shall be liberally construed in order that theState and its citizens may benefit fully from these funds. Any federal fundsreceived shall be deposited with the Department of State Treasurer and shall beappropriated by the General Assembly for the mental health, developmentaldisabilities, or substance abuse purposes specified.

(5)        Enter intoagreements authorized by G.S. 122C‑346.

(6)        Notwithstanding G.S.126‑18, authorize funds for contracting with a person, firm, orcorporation for aid or assistance in locating, recruiting, or arrangingemployment of health care professionals in any facility listed in G.S. 122C‑181.

(7)        Contract with one ormore private providers or other public service agencies to serve clients of anarea authority or county program and reallocate program funds to pay forservices under the contract if the Secretary finds all of the following:

a.         The area authorityor county program refuses or has failed to provide the services to clientswithin its catchment area, or provide specialty services in another catchmentarea, in a manner that is at least adequate.

b.         Clients within thearea authority or county program catchment area will either not be served orwill suffer an unreasonable hardship if required to obtain the services fromanother area authority or county program.

c.         There is at leastone private provider or public service agency within the area authority orcounty program catchment area, or within reasonable proximity to the catchmentarea, willing and able to provide services under contract.

Beforecontracting with a private provider as authorized under this subdivision, theSecretary shall provide written notification to the area authority or countyprogram and to the applicable participating boards of county commissioners ofthe Secretary's intent to contract and shall provide the area authority orcounty program and the applicable participating boards of county commissionersan opportunity to be heard.

(8)        Contract with one ormore private providers or other public service agencies to serve clients frommore than one area authority or county program and reallocate the funds of theapplicable programs to pay for services under the contract if the Secretaryfinds either that there is no other area authority or county program availableto act as the administrative entity under contract with the provider or thatthe area authority or county program refuses or has failed to properly manageand administer the contract with the contract provider, and clients will eithernot be served or will suffer unreasonable hardship if services are not providedunder the contract. Before contracting with a private provider as authorizedunder this subdivision, the Secretary shall provide written notification to thearea authority or county program and the applicable participating boards ofcounty commissioners of the Secretary's intent to contract and shall providethe area authority or county program and the applicable participating boards ofcounty commissioners an opportunity to be heard.

(9)        Require reports ofclient characteristics, staffing patterns, agency policies or activities,services, or specific financial data of the area authority, county program, andproviders of public services. The reports shall not identify individual clientsof the area authority or county program unless specifically required by Statelaw or by federal law or regulation or unless valid consent for the release hasbeen given by the client or legally responsible person.  (2001‑437, s. 1.7(b);2006‑142, s. 4(m); 2007‑410, s. 2; 2007‑504, s. 2.2; 2009‑186,s. 2.)