North Carolina § 122C-1 - Short title.

§ 122C-1. Short title.

This Chapter may be cited as the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985. History (1985, c. 589, s. 2; 1989, c. 625, ss. 1, 2.) Cross References. - See the editor's notes under G.S. 122C-22 referring to Session Laws 1999-237, ss. 18.8(a) through 18.8(c) regarding facility exemptions from licensure and certificate of need. For exception from licensure under this chapter of inpatient chemical dependency or substance abuse facilities that provide service exclusively to inmates of the Division of Adult Correction of the Department of Public Safety, see G.S. 148-19.1 . As to establishment of the School-Based Child and Family Team Initiative, see G.S. 143B-366 . Mental Health/Substance Use Disorder Central Assessment and Navigation System Pilot Program. - Session Laws 2017-57, s. 11F.7(a)-(c), provides: "(a) Pilot Program Creation. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, the sum of two hundred fifty thousand dollars ($250,000) in nonrecurring funds for the 2017-2018 fiscal year and the sum of two hundred fifty thousand dollars ($250,000) in nonrecurring funds for the 2018-2019 fiscal year shall be used to oversee, in consultation with the local management entity/managed care organization (LME/MCO) responsible for the management and provision of mental health, developmental disabilities, and substance use disorder services in New Hanover County under the 1915(b)/(c) Medicaid Waiver, the establishment of a two-year pilot program to focus on assessing and navigating individuals seeking mental health or substance use disorder services, or both, to appropriate community-based services or other community resources in order to reduce the utilization of hospital emergency department services for mental health and substance use disorder services. "(b) Program Design and Location. - The pilot program shall be conducted at New Hanover Regional Medical Center (NHRMC) and at Wellness City, operated by Recovery Innovations, Inc., by a three-person centralized team. The three-person team shall consist of the following individuals: "(1) A master's level, fully licensed clinician to perform comprehensive clinical assessments of NHRMC patients and other New Hanover County residents exhibiting symptoms of mental illness or substance use disorder who are referred to the pilot program. "(2) A qualified professional to assist patients, particularly those with a completed comprehensive clinical assessment, with identifying and accessing appropriate community-based services or other community resources. "(3) A North Carolina certified peer support specialist, with specialized training and personal experience in successfully managing his or her own serious mental illness or substance use disorder, to provide peer support services, including encouraging patients to take personal responsibility for managing their condition, assisting patients in establishing meaningful roles in society, and providing patients with transportation to and from appointments. "(c) Reports. - By July 1, 2018, the LME/MCO responsible for the management and provision of mental health, developmental disabilities, and substance abuse services in New Hanover County, in collaboration with New Hanover Regional Medical Center and Recovery Innovations, Inc., shall submit an interim report on the effectiveness of the pilot program to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division). By October 1, 2018, the Division shall submit an interim report on the effectiveness of the program and the costs associated with administering the program to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division. "By July 1, 2019, the LME/MCO responsible for the management and provision of mental health, developmental disabilities, and substance abuse services in New Hanover County, in collaboration with New Hanover Regional Medical Center and Recovery Innovations, Inc., shall submit a final report of the program to the Division. By October 1, 2019, the Division shall then submit a final report of the program to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division. The report shall include the Division's recommendations with respect to sustaining or expanding the program." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Behavioral Health Clinical Integration and Performance Monitoring. - Session Laws 2013-360, s. 12F.4A(a)-(e), as amended by Session Laws 2017-57, s. 11F.16, provides: "(a) The Department of Health and Human Services shall require local management entities, including local management entities that have been approved to operate the 1915(b)/(c) Medicaid Waiver (LME/MCOs), to implement clinical integration activities with Community Care of North Carolina (CCNC) through Total Care, a collaborative initiative designed to improve and minimize the cost of care for patients who suffer from comorbid mental health or substance abuse and primary care or other chronic conditions. "(b) The Department shall ensure that, by no later than January 1, 2014, all LME/MCOs submit claims data, including to the extent practical, retrospective claims data and integrated payment and reporting system (IPRS) data, to the CCNC Informatics Center and to the Medicaid Management Information System. Upon receipt of this claims data, CCNC shall provide access to clinical data and care management information within the CCNC Informatics Center to LME/MCOs and authorized behavioral health providers to support (i) treatment, quality assessment, and improvement activities or (ii) coordination of appropriate and effective patient care, treatment, or habilitation. "(c) The Department, in consultation with CCNC and the LME/MCOs, shall develop quality and performance statistics on the status of mental health, developmental disabilities, and substance abuse services, including, but not limited to, variations in total cost of care, clinical outcomes, and access to and utilization of services. "(d) The Department shall, within available appropriations and as deemed necessary by the Department, expand or alter existing contracts by mutual agreement of all parties to the contract in order to implement the provisions of this section. "(e) Repealed by Session Laws 2017-57, s. 11F.16, effective July 1, 2017." MH/DD/SAS Health Care Information System Project. - Session Laws 2013-360, s. 12F.5, provides: "The Department of Health and Human Services shall not take any further action or expend any funds appropriated or available to the Department to develop and implement the health care information system for State facilities operated by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services until each of the following conditions has been met: "(1) By no later than March 1, 2014, the Department shall submit a detailed plan of this system to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division. The plan shall include an explanation of at least all of the following: "a. The process the Department used to select the Veterans Health Information Systems and Technology Architecture (VisTA), whether or not the selection process was competitive, and if not, why it was not. "b. Requirements for vendor services to support system implementation and operation and the costs associated with this support. "c. Governance structure for the system. "d. Modules to be implemented in each facility and the reason for each. "e. Assignment of responsibility for system maintenance, codes fixes, application upgrades, and hardware upgrades. "f. Whether the application and database will be implemented at each facility or centrally managed by the Department and the reasons for the decision. "g. Identification of additional hardware that will be required to support a statewide rollout and the location at which the Department plans to host it. "h. Assignment of responsibility for backup and recovery. "i. If there will be redundant failover between facilities. "j. Plans, time lines, and costs for implementing any other modules currently offered by the United State Department of Veterans Affairs. "k. A process for ensuring that the system software is upgraded whenever the United States Department of Veterans Affairs upgrades its system. " l . Technology constraints for VisTA and State-supported facilities and how they will be addressed, by facility. "m. Facility on-boarding plan for the State psychiatric hospitals and other State facilities operated by the Division. "n. Costs and sources of funding for planning, development, and implementation at each facility and five years of costs and sources of funding for operations and maintenance at each facility. "o. Any other costs associated with system planning, development, implementation, operation, and maintenance. "p. Any issues associated with the planning, development, and implementation, identified by the Department, the Office of the State Chief Information Officer, the Office of Information Technology Services, or the Office of State Budget and Management, with a solution for each identified issue. "(2) Upon submission of the plan required by subdivision (1) of this section, the Department shall obtain prior approval from the State Chief Information Officer in order to take any further action or expend any funds appropriated or available to the Department to develop and implement the health care information system for State facilities operated by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services." Study - Alternatives to Hospitalization of Frequent Users of Psychiatric Hospitals. - Session Laws 2010-152, ss. 18.1-18.6, provide: "SECTION 18.1. The Department of Health and Human Services shall conduct a study and propose recommendations by January 31, 2011, regarding the cost-effectiveness of supportive housing as an alternative to institutionalization of the MH/DD/SA populations. "SECTION 18.2. The study shall be conducted by a task force appointed by the Secretary of Health and Human Services. "SECTION 18.3. The Task Force shall include the following: "(1) Five representatives from various areas of the Department of Health and Human Services. "(2) One representative from the Housing Trust Fund. "(3) Six representatives from Local Management Entities. "(4) Two representatives from the North Carolina Department of Correction [now the Division of Adult Correction of the Department of Public Safety]. "(5) One representative from the Division of Medical Assistance. "(6) One representative from Community Care of North Carolina. "(7) Two representatives from private providers of housing services for the mentally ill. "(8) Two representatives from public housing agencies. "(9) Two consumer representatives - a direct consumer and a family member, from a MH/DD/SA consumer/advocacy group. "SECTION 18.4. The Secretary of Health and Human Services shall appoint two cochairs of the Task Force. "SECTION 18.5. The Task Force will propose a plan focusing on the following goals: "(1) Develop a cost-effective system of care for the MH/DD/SA population. "(2) Decrease the need for hospital admission of target population. "(3) Decrease the length of stay in psychiatric hospitals. "(4) Decrease incarceration rate of the MH/DD/SA populations. "(5) Decrease emergency room use by the MH/DD/SA populations. "(6) Improve level of functioning of the MH/DD/SA populations. "(7) Explore funding possibilities from Medicaid and other sources. "(8) Decrease homelessness among the MH/DD/SA populations. "(9) Maintain MH/DD/SA patients in community setting. "(10) Decrease impact on law enforcement. "(11) Make our communities safer for both consumers and others. "(12) Reduce recidivism for the MH/DD/SA population. "SECTION 18.6. The Task Force shall: "(1) Identify frequent users of psychiatric beds (State and community) and emergency departments. "(2) For the above group, determine: "a. Their housing situation. "b. Incarceration history. "c. Recidivism rates. "d. Treatment offered and treatment compliance. "e. Other factors as determined by Task Force. "(3) Review existing State and national initiatives in this area. "(4) Use information from subdivisions (1) and (2) of this section to do the following: "a. Study current practices and issues related to placement of MH/DD/SA populations following discharge from psychiatric facilities. "b. Develop a business case for the development of a statewide supportive housing initiative to benefit MH/DD/SA populations. "c. Calculate the number of supportive housing units needed in the State. "d. Calculate the level of capital investment needed for this multiyear initiative. "e. Propose different methods that could be used to pay for ongoing operational costs. "f. Examine the potential cost-saving attained through this strategy. "g. Calculate the level of capital investment needed for this multiyear initiative. "(5) Other tasks as identified by the Task Force." Session Laws 2011-185, s. 2(a), provides: "The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services shall collaborate with military agencies and other appropriate organizations to determine gaps in the care of current and former members of the reserve or active components of the Armed Forces of the United States with traumatic brain injury, shall develop recommendations for an accessible community-based neurobehavioral system of care for those service members, and shall report its recommendations by July 1, 2012, to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Health and Human Services and Justice and Public Safety, to the Chairs of the House of Representatives Committee on Homeland Security, Military, and Veterans Affairs, and to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services. The recommendations shall be tailored so that, if implemented, services would be available to service members, veterans, and their families and would consist of neurobehavioral programs, residential programs, comprehensive day programs, and home-based programs." Session Laws 2011-185, s. 2(b), provides: "The Division of Medical Assistance of the Department of Health and Human Services, MedSolutions, Inc., and the appropriate health professionals at the United States Department of Veterans Affairs shall work together to ensure that MedSolutions, Inc., is using the appropriate evidence-based diagnostic testing (including imaging, biomarker testing, and other tests) for screening and assessment of traumatic brain injury." Meeting Behavioral Health Needs of Military Personnel, Veterans, and Their Families. - Session Laws 2011-185, s. 3(a) and (b), provides: "(a) The North Carolina Area Health Education Centers (AHEC) Program shall facilitate and continue to provide health education and skills training for health professional students; primary care, mental health, and substance abuse service providers; and hospital administrators about the health, mental health, and substance abuse needs of the military and their families. This training shall include information about the following: "(1) The number of North Carolinians who are serving or who have served in the active or reserve components of the Armed Forces of the United States. "(2) Military culture. "(3) The average number of deployments, length of time in conflict zones, and potential injuries these members may have faced, particularly those who have served recently in Iraq or Afghanistan. "(4) The types of health, mental health, and substance abuse disorders that service personnel may have experienced, including traumatic brain injury (TBI), posttraumatic stress disorder (PTSD), military sexual trauma (MST), depression, substance use disorders, potential suicide risks, or domestic violence. "(5) The potential impact of the deployment cycle on family members and children. This information shall include information about resiliency skills, intervention skills, resources, and community supports. "(6) Evidence-based screening and assessment instruments. "(7) Evidence-based case management, treatment, and medication management for different mental health and substance abuse problems, and potential adverse effects of prescribed medications, particularly for people with comorbidities. "(8) Information about the TRICARE system, payment, and enrollment procedures. "(9) Available referral sources through TRICARE, the United States Department of Veterans Affairs, Military One Source, Army One Source, Defense Centers of Excellence, Deployment Health Clinical Center, the North Carolina National Guard's Integrated Behavioral Health System, Local Management Entities, the North Carolina Department of Health and Human Services (DHHS) Office of Citizen Services, North Carolina Health Info, Federally Qualified Health Centers, professional advocacy and support services, and other community resources. "(b) In carrying out the requirements of Section 3(a) of this act, the AHEC Program shall collaborate with the Citizen Soldier Support Program; North Carolina health professional training programs; the United States Department of Veterans Affairs; the North Carolina Division of Veterans Affairs; The University of North Carolina; Operation Re-Entry North Carolina; the North Carolina Community College System; health care professional associations; the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services; Governor's Focus on Servicemembers, Veterans, and Their Families; and academic health programs." Editor's Note. - For comparable sections of repealed Chapter 122 and new Chapter 122C , see the table at the end of Chapter 122C . Session Laws 2002-126, s. 10.24(a), (b), provides: "(a) In order to ensure that individuals receive effective substance abuse prevention services, the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, shall do the following with respect to services provided to these individuals: "(1) Designate an Office of Substance Abuse Prevention within the Department as outlined in the North Carolina Comprehensive Strategic Plan for Substance Abuse Prevention. This Office shall be responsible for the implementation of the goals in the Comprehensive Strategic Plan for Substance Abuse Prevention. The Office shall also maintain the Interagency Agreement for Substance Abuse Prevention Services and ensure continuing collaboration between agencies that are parties to the Agreement. "(2) Provide only those prevention services that are evidenced-based and have been determined to be effective in preventing alcohol and other drug problems. "(3) Propose rules for the licensure of prevention programs to ensure quality of service delivery in local communities. Rules shall be subject to review and adoption by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services. "(4) Ensure that services are provided by qualified prevention professionals. "(5) Implement an outcome-based system utilizing standard risk assessments and data elements consistent with appropriate evaluation of prevention programs. "(b) The Department shall report on its activities under this section to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division not later than December 1, 2002." Session Laws 2005-371, s. 1, provides: "The Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, shall develop a central listing of mental health facilities designated for the placement of individuals to be involuntarily committed to assist law enforcement officers and others. The list shall be developed from existing funds appropriated to the Department. The listing shall be accessible on the Internet and implemented not later than October 1, 2005. The Department shall report on the implementation of the listing and the status and compliance of area authorities' crisis response service to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services not later than March 1, 2006." Session Laws 2012-142, s. 10.23A(a)-(e), provides: "(a) The General Assembly finds that the State's long-term care industry plays a vital role in ensuring that citizens are afforded opportunities for safe housing and adequate client-centered supports in order to live as independently as possible in their homes and communities across the State. This role is consistent with citizens of the State having the opportunity to live in the most appropriate, integrated settings of their choice. The General Assembly also is committed to the development of a plan that continues to advance the State's current system into a statewide system of person-centered, affordable services and supports that emphasize an individual's dignity, choice, and independence and provides new opportunities and increased capacity for community housing and community supports. "(b) Blue Ribbon Commission on Transitions to Community Living. - There is established the Blue Ribbon Commission on Transitions to Community Living (Commission). The Commission shall (i) examine the State's system of community housing and community supports for people with severe mental illness, severe and persistent mental illness, and intellectual and developmental disabilities and (ii) develop a plan that continues to advance the State's current system into a statewide system of person-centered, affordable services and supports that emphasize an individual's dignity, choice, and independence. In the execution of its duties, the Commission shall consider the following: "(1) Policies that alter the State's current practices with respect to institutionally based services to community-based services delivered as close to an individual's home and family as possible. "(2) Best practices in both the public and private sectors in managing and administering long-term care to individuals with disabilities. "(3) An array of services and supports for people with severe mental illness and severe and persistent mental illness, such as respite, community-based supported housing and community-based mental health services, to include evidence-based, person-centered recovery supports and crisis services and supported employment. "(4) For adults with intellectual and other developmental disabilities, expansion of community-based services and supports, housing options, and supported work. Maximize the use of habilitation services that may be available via the Medicaid 'I' option for individuals who do not meet the ICF-MR level of need. "(5) Methods to responsibly manage the growth in long-term care spending, including use of Medicaid waivers. "(6) Options for repurposing existing resources while considering the diverse economic challenges in communities across the State. "(7) Opportunities for systemic change and maximization of housing, and service and supports funding streams, including State-County Special Assistance and the State's Medicaid program. "(8) The appropriate role of adult care homes and other residential settings in the State. "(9) Other resources that might be leveraged to enhance reform efforts. "(c) The Commission shall be composed of 32 members as follows: "(1) Six members of the House of Representatives appointed by the Speaker of the House of Representatives. "(2) Six members of the Senate appointed by the President Pro Tempore of the Senate. "(3) Secretary of the Department of Health and Human Services (DHHS) or the Secretary's designee. "(4) Director of the Housing Finance Agency or the Director's designee. "(5) Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of DHHS or the Director's designee. "(6) Director of the Division of Medical Assistance of DHHS or the Director's designee. "(7) Two mental health consumers or their family representatives. "(8) Two developmental disabilities consumers or their family representatives. "(9) Two persons in the field of banking or representing a financial institution with housing finance expertise. "(10) Two representatives of local management entities anaged care organizations. "(11) A county government representative. "(12) A North Carolina Association, Long Term Care Facilities representative. "(13) A North Carolina Assisted Living Association representative. "(14) A family care home representative. "(15) A representative of group homes for adults with developmental disabilities. "(16) A representative of group homes for individuals with mental illness. "(17) Two representatives of service providers with proven experience in innovated housing and support services in the State. "The Secretary of the Department of Health and Human Services shall ensure adequate staff representation and support from the following: Division of Mental Health, Developmental Disabilities and Substance Abuse Services, Division of Aging and Adult Services, Division of Health Services Regulations, Division of Social Services, and other areas as needed. "The Commission shall appoint a Subcommittee on Housing composed of 15 members and a Subcommittee on Adult Care Homes. "The chairs shall jointly appoint members described in subdivisions (7) through (17) of this subsection and shall fill vacancies in those positions. The Commission shall meet at the call of the chairs. Members of the Commission shall receive per diem, subsistence, and travel expenses as provided in G.S. 120-3.1 , 138-5, or 138-6, as appropriate. The Commission may contract for consultant services as provided in G.S. 120-32.02 . Upon approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to assist the Commission in its work. Clerical staff shall be furnished to the Commission through the offices of the House of Representatives and Senate Directors of Legislative Assistants. The Commission may meet in the Legislative Building or the Legislative Office Building. The Commission may exercise all of the powers provided under G.S. 120-19 through G.S. 120-19.4 while in the discharge of its official duties. The funds needed to support the cost of the Commission's work shall be transferred from the Department of Health and Human Services upon request of the Legislative Services Director. "(d) Transitions to Community Living Fund. - There is established the Transitions to Community Living Fund (Fund) to facilitate implementation of the plans required in subsections (e) and (f) of this section. "(e) Of the amount appropriated to the Fund established in subsection (d) of this section, the sum of ten million three hundred thousand dollars ($10,300,000) is appropriated to support the Department of Health and Human Services in its plan for transitioning individuals with severe mental illness and severe and persistent mental illness into community living arrangements, including establishing a rental assistance program. If the State executes an agreement with the U.S. Department of Justice (USDOJ) in response to the USDOJ findings dated July 28, 2011, or implements a plan in response to the USDOJ findings, these funds shall be used to implement the requirements of the first year of the agreement or the plan. In the event such an agreement is reached, a recurring appropriation will be necessary to fully implement it. The Department may issue temporary rules to implement this subsection." Session Laws 2012-142, s. 10.23A(f), as amended by Session Laws 2012-145, s. 3.6, provides: "(f) Of the amount appropriated to the Fund established in subsection (d) of this section, the sum of thirty-nine million seven hundred thousand dollars ($39,700,000) is designated for implementation of the State's plan to provide temporary, short-term assistance only to adult care homes as they transition into the State's Transitions to Community Living Initiative. These funds shall be used only for this purpose. The General Assembly recognizes that while transformation of the system is being undertaken, adult care homes provide stable and safe housing and care to many of North Carolina's frail and elderly population, and it is necessary during this time of transition and transformation of the statewide system that the industry remain able to provide such care. "Following completion of an independent assessment process, as outlined in Section 10.9F(d) of this act, by December 31, 2012, and upon certification by the Department of Health and Human Services, in consultation with a local adult care home resident discharge team, as defined in G.S. 131D-2.1 (3a), that a resident (i) who is no longer eligible to receive Medicaid reimbursable assistance, (ii) for whom a community placement has not yet been arranged, and (iii) who cannot be safely and timely discharged into the community, the Department may make a monthly payment to the adult care home to support the facility's continuing provision of services to the resident. The Department may make the monthly payment from the thirty-nine million seven hundred thousand dollars ($39,700,000) designated for implementation of the State's plan under this subsection. The monthly payment provided by the Department to an adult care home pursuant to this subsection shall not exceed six hundred ninety-four dollars ($694) per month per resident for a period not to exceed three months for each resident. At the expiration of this three-month period, the monthly payment shall be reduced by twenty-five percent (25%) and shall not exceed five hundred twenty dollars and fifty cents ($520.50) per month per resident. Upon implementation of the home-and community-based services program for individuals typically served in special care or memory care units, to be developed by the Department under Medicaid State Plan 1915(i) authority pursuant to Section 10.9E of this act, the Department shall terminate all monthly payments pursuant to this subsection for continuing services provided to residents of special care or memory care units. The Department shall terminate all monthly payments pursuant to this subsection on June 30, 2013. Notwithstanding any other provision of this subsection, the Department is prohibited from making any monthly payments under this subsection to an adult care home for services provided to any resident during the pendency of an appeal by or on behalf of the resident under G.S. 108A-70.9A. "The Department of Health and Human Services shall administer these funds but may, as needed, contract with a vendor for administration." Session Laws 2012-142, s. 10.23A(g)-(j), provides: "(g) The Department shall report its progress in complying with subsection (e) of this section to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than January 2, 2013, and submit a final report no later than April 1, 2013. "(h) The Commission shall issue an interim report by October 1, 2012, and a final plan to the 2013 General Assembly no later than February 1, 2013, at which time the Commission shall expire. "(i) Subsection (f) of this section expires on June 30, 2013, and any unobligated funds designated for the purposes of that subsection shall revert to the Transitions to Community Living Fund established in subsection (d) of this section. "(j) Nothing in subsection (d), (e), or (f) of this section is intended to create or shall be construed to create a right or entitlement for any individual, facility, or provider of services." Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2013-4 requires the Department of Health and Human Services to provide temporary, short-term financial assistance to (1) group homes serving residents determined not to be eligible for Medicaid-covered personal care services (PCS) prior to January 1, 2013, and (2) special care units serving residents who qualify for Medicaid-covered personal care services on or after January 1, 2013. Session Laws 2013-4, s. 1, which expired June 30, 2013, in subsection (a) defines "group home"; in subsection (b) provides requirements and limitations to the payments for group homes; and in subsection (c) provides requirements and limitations to payments to special care units. Session Laws 2013-4, s. 2, provides: "Notwithstanding any provision of this act or any other provision of law, the Department of Health and Human Services shall not be required to provide any temporary, short-term financial assistance to adult care homes, group homes, or special care units beyond June 30, 2013, or upon depletion of the thirty-nine million seven hundred thousand dollars ($39,700,000) appropriated for the 2012-2013 fiscal year and designated in Section 10.23A(f) of S.L. 2012-142, as amended by Section 3.6 of S.L. 2012-145, whichever is earlier." Session Laws 2013-4, s. 3, provides: "In order to ensure compliance with federal Medicaid comparability requirements and the settlement agreement filed on August 23, 2012, between the United States Department of Justice and the State of North Carolina, the General Assembly shall not appropriate State funds for the 2013-2014 fiscal year or the 2014-2015 fiscal year for the purposes specified in Section 10.23A(f) of S.L. 2012-142, as amended by Section 3.6 of S.L. 2012-145, or for the purposes specified in Section 1 of this act." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2013-397, s. 9, provides: "The Transitions to Community Living Fund established pursuant to Section 10.23A(d) of S.L. 2012-142 terminates on June 30, 2020, and any balance remaining on that date shall revert to the General Fund." Session Laws 2012-142, s. 10.23A(d) is noted in full above. Session Laws 2020-78, s. 4E.2, provides: "The Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, shall report annually, beginning September 1, 2020, and ending on September 1, 2026, on the implementation of the use of funds to purchase inpatient alcohol and substance use disorder treatment services required by Section 12F.12 of S.L. 2015-241, as amended by Section 11F.4 of S.L. 2017-57. The report shall be submitted to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division with the following information for the prior fiscal year and the two preceding fiscal years, for each Alcohol and Drug Abuse Treatment Center (ADATC): "(1) The number of beds in operation. "(2) The number of bed days. "(3) The total amount of receipts, the amount of those receipts that were received from local management entities/managed care organizations, and the amount of those receipts that were received from all other sources. "(4) Cost of operation of the ADATC, with personnel and staffing costs reported separately from all other costs. "(5) The ADATC's profit or loss.” Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.” Session Laws 2020-78, s. 22.3, is a severability clause. Legal Periodicals. - For comment, "Out of Sight, Out of Mind: Indefinite Confinement and the Unconstitutional Treatment of North Carolinians with Mental Retardation," see 35 Campbell L. Rev. 257 (2013). For article, "About a Revolution: Toward Integrated Treatment in Drug and Mental Health Courts," see 97 N.C.L. Rev. 355 (2019).