N.C. Gen. Stat. § 122C-1
Short title
Short title. This Chapter may be cited as the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985. (1985, c. 589, s. 2; 1989, c. 625, ss. 1, 2.)
North Carolina General Statutes Chapter 122C — Chapter 122C.
North Carolina · statute · N.C. Gen. Stat. ch. 122C · 262 active provisions
Provisions
N.C. Gen. Stat. § 122C-2
Policy
Policy. The policy of the State is to assist individuals with needs for mental health, developmental disabilities, and substance abuse services in ways consistent with the dignity, rights, and responsibilities of all North Carolina citizens. Within available resources it is the obligation of State and local government…
N.C. Gen. Stat. § 122C-3
Definitions
Definitions. The following definitions apply in this Chapter: (1) Area authority. - The area mental health, developmental disabilities, and substance abuse authority. (2) Area board. - The area mental health, developmental disabilities, and substance abuse board. (2a) Area director. - The administrative head of the are…
N.C. Gen. Stat. § 122C-4
Use of phrase "client or the legally responsible person"
Use of phrase "client or the legally responsible person". (a) Except as otherwise provided by law, whenever in this Chapter the phrase "client or the legally responsible person" is used, and the client is a minor or an incompetent adult, the duty or right involved shall be exercised not by the client, but by the legall…
N.C. Gen. Stat. § 122C-5
Report on restraint and seclusion
Report on restraint and seclusion. The Secretary shall report annually on October 1 to the Joint Legislative Oversight Committee on Health and Human Services on the following for the immediately preceding fiscal year: (1) The level of compliance of each facility with applicable State and federal laws, rules, and regula…
N.C. Gen. Stat. § 122C-6
Smoking prohibited; penalty
Smoking prohibited; penalty. (a) Smoking is prohibited inside facilities licensed under this Chapter. As used in this section, "smoking" means the use or possession of any lighted cigar, cigarette, pipe, or other lighted smoking product. As used in this section, "inside" means a fully enclosed area. (b) The person who…
N.C. Gen. Stat. § 122C-10
(This article has a contingent effective date - see note) MH/DD/SA Consumer Advocacy Program
(This article has a contingent effective date - see note) MH/DD/SA Consumer Advocacy Program. The General Assembly finds that many consumers of mental health, developmental disabilities, and substance abuse services are uncertain about their rights and responsibilities and how to access the public service system to obt…
N.C. Gen. Stat. § 122C-11
(This article has a contingent effective date - see notes) MH/DD/SA Consumer Advocacy Program/definitions
(This article has a contingent effective date - see notes) MH/DD/SA Consumer Advocacy Program/definitions. Unless the context clearly requires otherwise, as used in this Article: (1) "MH/DD/SA" means mental health, developmental disabilities, and substance abuse. (2) "State Consumer Advocate" means the individual charg…
N.C. Gen. Stat. § 122C-12
(This article has a contingent effective date - see note) State MH/DD/SA Consumer Advocacy Program
(This article has a contingent effective date - see note) State MH/DD/SA Consumer Advocacy Program. The Secretary shall establish a State MH/DD/SA Consumer Advocacy Program office in the Office of the Secretary of Health and Human Services. The Secretary shall appoint a State Consumer Advocate. In selecting the State C…
N.C. Gen. Stat. § 122C-13
(This article has a contingent effective date - see note) State Consumer Advocate duties
(This article has a contingent effective date - see note) State Consumer Advocate duties. The State Consumer Advocate shall: (1) Establish Local Quality Care Consumer Advocacy Programs described in G.S. 122C-14 and appoint the Local Consumer Advocates. (2) Establish certification criteria and minimum training requireme…
N.C. Gen. Stat. § 122C-14
(This article has a contingent effective date - see note) Local Consumer Advocate; duties
(This article has a contingent effective date - see note) Local Consumer Advocate; duties. (a) The State Consumer Advocate shall establish a Local MH/DD/SA Consumer Advocacy Program in locations in the State to be designated by the Secretary. In determining where to locate the Local Consumer Advocacy Programs, the Secr…
N.C. Gen. Stat. § 122C-15
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; authority to enter; communication with residents, clients, patients; review of records
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; authority to enter; communication with residents, clients, patients; review of records. (a) For purposes of this section, G.S. 122C-16 and G.S. 122C-17, "Consumer Advocate" means either the State Consumer Advocate or any Local Cons…
N.C. Gen. Stat. § 122C-16
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; resolution of complaints
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; resolution of complaints. (a) Following receipt of a complaint, a Consumer Advocate shall attempt to resolve the complaint using, whenever possible, informal mediation, conciliation, and persuasion. (b) If a complaint concerns a pa…
N.C. Gen. Stat. § 122C-17
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; confidentiality
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; confidentiality. (a) Except as required by law, a Consumer Advocate shall not disclose the following: (1) Any confidential or privileged information obtained pursuant to G.S. 122C-15 unless the affected individual authorizes disclo…
N.C. Gen. Stat. § 122C-18
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; retaliation prohibited
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; retaliation prohibited. No one shall discriminate or retaliate against any person, provider, or facility because the person, provider, or facility in good faith complained or provided information to a Consumer Advocate. (2001-437,…
N.C. Gen. Stat. § 122C-19
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; immunity from liability
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; immunity from liability. (a) The State and Local Consumer Advocate shall be immune from liability for the good faith performance of official Consumer Advocate duties. (b) A State or area facility, its employees, and any other indiv…
N.C. Gen. Stat. § 122C-20
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; penalty for willful interference
(This Article has a contingent effective date - see note) State/Local Consumer Advocate; penalty for willful interference. Willful interference by an individual other than the consumer or the consumer's representative with the State or a Local Consumer Advocate in the performance of the Consumer Advocate's official dut…
N.C. Gen. Stat. § 122C-20.5
Definitions
Definitions. The following definitions apply in this Article: (1) Individual with serious and persistent mental illness or SPMI. - A person who is 18 years of age or older who meets one of the following criteria: a. Has a mental illness or disorder that is so severe and chronic that it prevents or erodes development of…
N.C. Gen. Stat. § 122C-20.6
Department to establish statewide supportive housing program for individuals transitioning into community living; purpose
Department to establish statewide supportive housing program for individuals transitioning into community living; purpose. The Department of Health and Human Services, in consultation with the North Carolina Housing Finance Agency, shall establish and administer a tenant-based rental assistance program known as the Nor…
N.C. Gen. Stat. § 122C-20.7
Administration of housing subsidies for supportive housing
Administration of housing subsidies for supportive housing. The Department may enter into a contract with a private vendor to serve as the housing subsidy administrator for the North Carolina Supportive Housing Program with responsibility for distributing rental vouchers and community living vouchers to program partici…
N.C. Gen. Stat. § 122C-20.8
Eligibility requirements for NC Supportive Housing Program
Eligibility requirements for NC Supportive Housing Program. The Division of Aging and Adult Services shall adopt rules to establish eligibility requirements for the program. The eligibility requirements shall, at a minimum, include income eligibility requirements and requirements to give priority for program participat…
N.C. Gen. Stat. § 122C-20.9
In-reach activities for supportive housing
In-reach activities for supportive housing. The Department shall have ongoing responsibility for developing and distributing a list of potentially eligible program participants for each LME/MCO by catchment area. Upon receipt of this information, each LME/MCO shall have ongoing responsibility for prioritizing the list…
N.C. Gen. Stat. § 122C-20.10
Allocation of supportive housing slots to LME/MCOs
Allocation of supportive housing slots to LME/MCOs. The Department shall annually determine the number of housing slots to be allocated to each LME/MCO as follows: (1) Each year, the Department shall distribute at least fifty percent (50%) of the housing slots available through this program equally among all LME/MCOs.…
N.C. Gen. Stat. § 122C-20.11
Transition of program participants into housing slots
Transition of program participants into housing slots. The LME/MCO shall develop a written transition plan for each individual determined to be eligible and interested in participating in the North Carolina Supportive Housing Program. The transition plan for the approved housing slot shall identify at least all of the…
N.C. Gen. Stat. § 122C-20.12
Transition services
Transition services. LME/MCOs shall provide individualized transition services to program participants within their respective catchment areas for the 90-day period following the individual's transition into a housing slot provided through the program. (2013-397, s. 6(a).)
Page 1 of 11Next →