§ 143C-9-2. Trust Fund for Mental Health, Developmental Disabilities, and Substance Abuse Services and Bridge Funding Needs. - North Carolina Statutes

§ 143C‑9‑2.  TrustFund for Mental Health, Developmental Disabilities, and Substance AbuseServices and Bridge Funding Needs.

(a)        The Trust Fund forMental Health, Developmental Disabilities, and Substance Abuse Services andBridge Funding Needs is established as an interest‑bearing, nonrevertingspecial trust fund in the Office of State Budget and Management. Moneys in theTrust Fund shall be held in trust and used solely to increase community‑basedservices that meet the mental health, developmental disabilities, and substanceabuse services needs of the State. The Trust Fund shall be used to supplementand not to supplant or replace existing State and local funding available tomeet the mental health, developmental disabilities, and substance abuse servicesneeds of the State.

The State Treasurer shall holdthe Trust Fund separate and apart from all other moneys, funds, and accounts.The State Treasurer shall be the custodian of the Trust Fund and shall investits assets in accordance with G.S. 147‑69.2 and G.S. 147‑69.3.Investment earnings credited to the assets of the Trust Fund shall become partof the Trust Fund. Any balance remaining in the Trust Fund at the end of anyfiscal year shall be carried forward in the Trust Fund for the next succeedingfiscal year.

Moneys in the Trust Fund shallbe expended only in accordance with subsection (b) of this section and inaccordance with limitations and directions enacted by the General Assembly.

(b)        Moneys in the TrustFund for Mental Health, Developmental Disabilities, and Substance AbuseServices and Bridge Funding Needs shall be allocated to area programs to beused only to:

(1)        Provide start‑upfunds and operating support for programs and services that provide moreappropriate and cost‑effective community treatment alternatives forindividuals currently residing in the State's mental health, developmentaldisabilities, and substance abuse services institutions.

(2)        Repealed by SessionLaws 2007‑323, s. 10.49(w1), effective July 1, 2007.

(3)        Facilitate reform ofthe mental health, developmental disabilities, and substance abuse servicessystem and expand and enhance treatment and prevention services in theseprogram areas to remove waiting lists and provide appropriate and safe servicesfor clients.

(4)        Provide bridgefunding to maintain appropriate client services during transitional periods asa result of facility closings, including departmental restructuring ofservices.

(5)        Repealed by SessionLaws 2007‑323, s. 10.49(w1), effective July 1, 2007.

(c)        NotwithstandingG.S. 143C‑1‑2, any nonrecurring savings in State appropriationsrealized from the closure of any State psychiatric hospitals that are in excessof the cost of operating and maintaining a new State psychiatric hospital shallnot revert to the General Fund but shall be placed in the Trust Fund and shallbe used for the purposes authorized in this section. Notwithstanding G.S. 143C‑1‑2,recurring savings realized from the closure of any State psychiatric hospitalsshall not revert to the General Fund but shall be credited to the Department ofHealth and Human Services to be used only for the purposes of subsections(b)(1) and (b)(3) of this section.

(d)        Beginning July 1,2007, the Secretary of the Department of Health and Human Services shall reportannually to the Fiscal Research Division on the expenditures made during thepreceding fiscal year from the Trust Fund. The report shall identify eachexpenditure by recipient and purpose and shall indicate the authority undersubsection (b) of this section for the expenditure. (2006‑203, s. 3; 2007‑323,s. 10.49(w1).)