§ 122C-142. Contract for services. - North Carolina Statutes

§ 122C‑142.  Contractfor services.

(a)        When the areaauthority contracts with persons for the provision of services, it shall usethe standard contract adopted by the Secretary and shall assure that thesecontracted services meet the requirements of applicable State statutes and therules of the Commission and the Secretary. However, an area authority or countyprogram may amend the contract to comply with any court‑imposed duty orresponsibility. An area authority or county program that is operating under aMedicaid waiver may amend the contract subject to the approval of theSecretary. Terms of the standard contract shall require the area authority tomonitor the contract to assure that rules and State statutes are met. It shallalso place an obligation upon the entity providing services to provide to thearea authority timely data regarding the clients being served, the servicesprovided, and the client outcomes. The Secretary may also monitor contractedservices to assure that rules and State statutes are met.

(b)        When the areaauthority contracts for services, it may provide funds to purchase liabilityinsurance, to provide legal representation, and to pay any claim with respectto liability for acts, omissions, or decisions by members of the boards or employeesof the persons with whom the area authority contracts. These acts, omissions,and decisions shall be ones that arise out of the performance of the contractand may not result from actual fraud, corruption, or actual malice on the partof 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.)