North Carolina § 122C-115 - 3. Dissolution of area authority.

§ 122C-115. 3. Dissolution of area authority.

Repealed by Session Laws 2013-85, s. 5(a), effective June 12, 2013. No county shall withdraw from an area authority nor shall an area authority be dissolved without prior approval of the Secretary. The Secretary shall, prior to the date that BH IDD tailored plans begin operating, direct the dissolution of any area authority that does not receive an initial contract to operate a BH IDD tailored plan. The Secretary shall deliver a notice of dissolution to the board of county commissioners of each of the counties in the dissolved LME/MCO. , (d) Repealed by Session Laws 2013-85, s. 5(a), effective June 12, 2013. Any fund balance or risk reserve available to an area authority at the time of its dissolution that is not utilized to pay liabilities shall be transferred to one or more area authorities contracted to operate the 1915(b) Effective until the date that BH IDD tailored plans begin operating, if the fund balance transferred from the dissolved area authority under subsection (e) of this section is insufficient to constitute fifteen percent (15%) of the anticipated operational expenses arising from assumption of responsibilities from the dissolved area authority, the Secretary shall guarantee the operational reserves for the area authority assuming the responsibilities under the 1915(b) History (2001-437, s. 1.9; 2011-102, s. 5; 2011-264, s. 3; 2013-85, s. 5(a)-(c); 2021-62, s. 3.5(a)-(c).) Editor's Note. - For preamble to Session Laws 2001-437, see the note at G.S. 122C-2 . Session Laws 2013-85 provides in its preamble: "Whereas, S.L. 2011-264, as amended by Section 13 of S.L. 2012-151, required the Department of Health and Human Services (Department) to restructure the statewide management of the delivery of services for individuals with mental illness, intellectual and developmental disabilities, and substance abuse disorders through the statewide expansion of the 1915(b)/(c) Medicaid Waiver; and "Whereas, a local management entity anaged care organization (LME/MCO) that is awarded a contract to operate the 1915(b)/(c) Medicaid Waiver was required to maintain fidelity to the Piedmont Behavioral Health (PBH) demonstration model; and "Whereas, LME/MCOs are acting as Medicaid vendors and the Department must ensure that they are compliant with the provisions of S.L. 2011-264, as amended by Section 13 of S.L. 2012-151, as well as all applicable federal, State, and contractual requirements; Now, therefore, The General Assembly of North Carolina enacts:" Effect of Amendments. - Session Laws 2011-102, s. 5, effective June 2, 2011, substituted "fund balance" for "budgetary surplus" in the first sentence of subsection (e). Session Laws 2011-264, s. 3, effective June 23, 2011, in subsection (a), added the next-to-last sentence, and inserted "for other reasons" in the last sentence. Session Laws 20212-62, s. 3.5(a), (b), (c), effective June 29, 2021, added subsections (b1) and (e1); and rewrote subsection (e).