North Carolina § 122C-118 - 1. Structure of area board.

§ 122C-118. 1. Structure of area board.

An area board shall have no fewer than 11 and no more than 21 voting members. The board of county commissioners, or the boards of county commissioners within the area, shall appoint members consistent with the requirements provided in subsection (b) of this section. The process for appointing members shall ensure participation from each of the constituent counties of a multicounty area authority. If the board or boards fail to comply with the requirements of subsection (b) of this section, the Secretary shall appoint the unrepresented category. The boards of county commissioners within a multicounty area with a catchment population of at least 1,250,000 shall have the option to appoint members of the area board in a manner or with a composition other than as required by this section by each county adopting a resolution to that effect and receiving written approval from the Secretary. A member of the board may be removed with or without cause by the initial appointing authority. The area board may declare vacant the office of an appointed member who does not attend three consecutive scheduled meetings without justifiable excuse. The chair of the area board shall notify the appropriate appointing authority of any vacancy. Vacancies on the board shall be filled by the initial appointing authority before the end of the term of the vacated seat or within 90 days of the vacancy, whichever occurs first, and the appointments shall be for the remainder of the unexpired term. Within the maximum membership provided in subsection (a) of this section, the membership of the area board shall reside within the catchment area and be composed as follows: At least one member who is a current county commissioner. The chair of the local Consumer and Family Advisory Committee (CFAC) or the chair's designee. At least one family member of the local CFAC, as recommended by the local CFAC, representing the interests of the following: Individuals with mental illness. Individuals in recovery from addiction. Individuals with intellectual or other developmental disabilities. At least one openly declared consumer member of the local CFAC, as recommended by the local CFAC, representing the interests of the following: Individuals with mental illness. Individuals with intellectual or other developmental disabilities. Individuals in recovery from addiction. An individual with health care expertise and experience in the fields of mental health, intellectual or other developmental disabilities, or substance abuse services. An individual with health care administration expertise consistent with the scale and nature of the managed care organization. An individual with financial expertise consistent with the scale and nature of the managed care organization. An individual with insurance expertise consistent with the scale and nature of the managed care organization. An individual with social services expertise and experience in the fields of mental health, intellectual or other developmental disabilities, or substance abuse services. An attorney with health care expertise. A member who represents the general public and who is not employed by or affiliated with the Department of Health and Human Services, as appointed by the Secretary. The President of the LME/MCO Provider Council or the President's designee to serve as a nonvoting member who shall participate only in Board activities that are open to the public. An administrator of a hospital providing mental health, developmental disabilities, and substance abuse emergency services to serve as a nonvoting member who shall participate only in Board activities that are open to the public. The board of county commissioners may elect to appoint a member of the area authority board to fill concurrently no more than two categories of membership if the member has the qualifications or attributes of the two categories of membership. Any member of an area board who is a county commissioner serves on the board in an ex officio capacity at the pleasure of the initial appointing authority, for a term not to exceed the earlier of three years or the member's service as a county commissioner. Any member of an area board who is a county manager serves on the board at the pleasure of the initial appointing authority, for a term not to exceed the earlier of three years or the duration of the member's employment as a county manager. The terms of members on the area board shall be for three years, except that upon the initial formation of an area board in compliance with subsection (a) of this section, one-third shall be appointed for one year, one-third for two years, and all remaining members for three years. Members shall not be appointed for more than three consecutive terms. Upon request, the board shall provide information pertaining to the membership of the board that is a public record under Chapter 132 of the General Statutes. An area authority that adds one or more counties to its existing catchment area under G.S. 122C-115(c1) shall ensure that the expanded catchment area is represented through membership on the area board, with or without adding area board members under this section, as provided in G.S. 122C-118.1(a). Except as provided in subdivisions (12) and (13) of this subsection, an individual that contracts with a local management entity (LME) for the delivery of mental health, developmental disabilities, and substance abuse services may not serve on the board of the LME for the period during which the contract for services is in effect. No person registered as a lobbyist under Chapter 120C of the General Statutes shall be appointed to or serve on an area authority board. Of the members described in subdivisions (2) through (4) of this subsection, the boards of county commissioners shall ensure there is at least one member representing the interest of each of the following: (i) individuals with mental illness, (ii) individuals with intellectual or other developmental disabilities, and (iii) individuals in recovery from addiction. History (2001-437, s. 1.11(b); 2002-159, s. 40(a); 2006-142, s. 4(e); 2007-504, s. 1.4; 2010-31, s. 10.7; 2012-151, s. 3(a); 2013-85, ss. 6, 7; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.) Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163 A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor substituted "Article 8 of Chapter 163A " for "Chapter 120C" in subsection (b). Session Laws 2018-146, ss. 3.1(a), (b) and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the change to the reference in subsection (b). Editor's Note. - For preamble to Session Laws 2001-437, see the note at G.S. 122C-2 . Session Laws 2012-151, s. 3(b), as amended by Session Laws 2013-378, s. 10, provides: "Except as provided in this subsection, all area boards shall meet the requirements of G.S. 122C-118.1 , as amended by subsection (a) of this section and Sections 6 and 7 of S.L. 2013-85, no later than October 1, 2013. The requirements of G.S. 122C-118.1 do not apply when both of the following criteria are met: "(1) An area authority receives approval from the Secretary to realign or merge with another area authority. In this circumstance, the new area board associated with the surviving area authority is not obligated to meet the requirements of G.S. 122C-118.1 until 30 days after the effective date of the realignment or merger, or until April 1, 2014, whichever is sooner. "(2) A different area authority involved in the same realignment or merger approved by the Secretary pursuant to subdivision (1) of this subsection (i) receives approval on or before October 1, 2013, from the Secretary to dissolve pursuant to G.S. 122C-115.3(b) and initiates plans for the dissolution or (ii) receives a directive on or before October 1, 2013, from the Secretary to dissolve pursuant to G.S. 122C-124.2 ." Session Laws 2012-151, s. 7(a), provides: "Beginning July 1, 2012, and for a period of two years thereafter, the Department of Health and Human Services shall not approve any county's request to withdraw from a multicounty area authority operating under the 1915(b)/(c) Medicaid Waiver. Not later than January 1, 2014, the Secretary shall adopt rules to establish a process for county disengagement that shall at a minimum ensure the following: "(1) Provisions of service are not disrupted by the disengagement. "(2) The disengaging county is either in compliance or plans to merge with an area authority that is in compliance with population requirements provided in G.S. 122C-155(a) . "(3) The timing of the disengagement is accounted for and does not conflict with setting capitation rates. "(4) Adequate notice is provided to the affected counties, the Department of Health and Human Services, and the General Assembly. "(5) Provisions for distribution of any real property no longer within the catchment area of the area authority." Effect of Amendments. - Session Laws 2006-142, s. 4(e), effective July 19, 2006, rewrote the section. Session Laws 2007-504, s. 1.4, applicable to appointments made on and after October 1, 2007, deleted "and serving a catchment area with a population of more than 500,000" following "counties" in the second sentence in subsection (a); in subsection (b), inserted "Except as otherwise provided in this subsection" at the beginning of the introductory paragraph, and added the concluding paragraph. Session Laws 2010-31, s. 10.7, effective July 1, 2010, in subsection (d), added "at the pleasure of the initial appointing authority, for a term not to exceed the member's service as a county commissioner" in the first sentence, added the second sentence, deleted the former second sentence, which read: "The terms of county commissioners on an area board are concurrent with their terms as county commissioners," in the third sentence, inserted "other than county commissioners and county managers," and added the last sentence.