§ 122C-63. Assurance for continuity of care for individuals with mental retardation. - North Carolina Statutes

§122C‑63.  Assurance for continuity of care for individuals with mentalretardation.

(a)        Any individual withmental retardation admitted for residential care or treatment for other thanrespite or emergency care to any residential facility operated under theauthority of this Chapter and supported all or in part by state‑appropriatedfunds has the right to residential placement in an alternative facility if theclient is in need of placement and if the original facility can no longerprovide the necessary care or treatment.

(b)        The operator of aresidential facility providing residential care or treatment, for other thanrespite or emergency care, for individuals with mental retardation shall notifythe area authority serving the client's county of residence of his intent toclose a facility or to discharge a client who may be in need of continuing careat least 60 days prior to the closing or discharge.

The operator's notification tothe area authority of intent to close a facility or to discharge a client whomay be in need of continuing care constitutes the operator's acknowledgement ofthe obligation to continue to serve the client until:

(1)        The area authoritydetermines that the client is not in need of continuing care;

(2)        The client is movedto an alternative residential placement; or

(3)        Sixty days haveelapsed;

whichever occurs first.

In cases in which the safetyof the client who may be in need of continuing care, of other clients, of thestaff of the residential facility, or of the general public, is concerned, this60‑ day notification period may be waived by securing an emergencyplacement in a more secure and safe facility. The operator of the residentialfacility shall notify the area authority that an emergency placement has beenarranged within 24 hours of the placement. The area authority and the Secretaryshall retain their respective responsibilities upon receipt of this notice.

(c)        An individual whomay be in need of continuing care may be discharged from a residential facilitywithout further claim for continuing care against the area authority or theState if:

(1)        After the parent orguardian, if the client is a minor or an adjudicated incompetent adult, or theclient, if an adult not adjudicated incompetent, has entered into a contract withthe operator upon the client's admission to the original residential facilitythe parent, guardian, or client who entered into the contract refuses to carryout the contract, or

(2)        After an alternativeplacement for a client in need of continuing care is located, the parent orguardian who admitted the client to the residential facility, if the client isa minor or an adjudicated incompetent adult, or the client if an adult notadjudicated incompetent, refuses the alternative placement.

(d)        Decisions made bythe area authority regarding the need for continued placement or regarding theavailability of an alternative placement of a client may be appealed pursuantto the appeals process of the area authority and subsequently to the Secretaryor the Commission under their rules. If the appeal process extends beyond theoperator's 60‑day obligation to continue to serve the client, theSecretary shall arrange a temporary placement in a State facility for thementally retarded pending the outcome of the appeal.

(e)        The area authoritythat serves the county of residence of the client is responsible for assessingthe need for continuity of care and for the coordination of the placement amongavailable public and private facilities whenever the authority is notified thata client may be in need of continuing care. If an alternative placement is notavailable beyond the operator's 60‑day obligation to continue to servethe client, the Secretary shall arrange for a temporary placement in a Statefacility for the mentally retarded. The area authority shall retainresponsibility for coordination of placement during a temporary placement in aState facility.

(f)         The Secretary isresponsible for coordinative and financial assistance to the area authority inthe performing of its duties to coordinate placement so as to assure continuityof care and for assuring a continuity of care placement beyond the operator's60‑day obligation period.

(g)        The areaauthority's financial responsibility, through local and allocated State resources,is limited to:

(1)        Costs relating tothe identification and coordination of alternative placements;

(2)        If the originalfacility is an area facility, maintenance of the client in the originalfacility for up to 60 days; and

(3)        Release of allocatedcategorical State funds used to support the care or treatment of the specificclient at the time of alternative placement if the Secretary requires therelease.

(h)        In accordance withG.S. 143B‑147(a)(1) the Commission shall develop programmatic rules toimplement this section, and, in accordance with G.S. 122C‑112(a)(6), theSecretary shall adopt budgetary rules to implement this section. (1981,c. 1012; 1985, c. 589, s. 2.)