GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S D
SENATE DRS55568-MGz-111A* (5/1)
Short Title: Modify MHDDSAS Reporting Requirements. |
(Public) |
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Sponsors: |
Senator Nesbitt. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to modify reportING REQUIREMENTS PERTAINING TO MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES, AS RECOMMENDED BY THE joint legislative oversight committee on mental health, developmental disabilities, and substance abuse services.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Not later than January 1, 2011, the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall provide a final report on community support services, to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services. The final report shall include a summary of the following information with respect to former recipients of community support services:
(1) The number of individuals no longer receiving any services.
(2) The number of individuals transferred to other mental health services, broken down by the specific type of service and the number of individuals transferred to each service.
(3) The amount of any cost increase or cost savings resulting from the transfer of those individuals to other mental health services.
(4) The status of any new service definitions developed in response to the elimination of community support services.
SECTION 1.(b) By September 1, 2010, and annually thereafter, the Commission on Mental Health, Developmental Disabilities, and Substance Abuse Services shall submit a report summarizing all deaths, subject to the reporting requirements set forth in G.S. 122C-31 that occurred during the one-year period preceding the date of the report to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services.
SECTION 1.(c) G.S. 143C-9-2(d) reads as rewritten:
"(d) Beginning July 1,
2007, July 1, 2010, the Secretary of the Department of Health and
Human Services shall report annually to the Joint Legislative Oversight
Committee on Mental Health, Developmental Disabilities, and Substance Abuse
Services and the Fiscal Research Division on the expenditures made during
the preceding fiscal year from the Trust Fund. The report shall identify each
expenditure by recipient and purpose and shall indicate the authority under
subsection (b) of this section for the expenditure."
SECTION 1.(d) Beginning January 1, 2011, and annually thereafter, the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, shall report to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, and the Fiscal Research Division on a strategic plan for organizing State and local resources to fund services provided through local management entities. The report shall include criteria for the allocation of funds, guidelines for utilization of funds, restrictions on use of funds, and a list of expenditures.
SECTION 1.(e) G.S. 10.19A(c) of S.L. 2009-451 reads as rewritten:
"SECTION 10.19A.(c) The Department of
Health and Human Services, Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services, shall require quarterly reporting
from LMEs in the format required under subsection (a) of this section. The
Department of Health and Human Services shall report the results of the
quarterly reports to the Joint Legislative Oversight Committee on Mental
Health, Developmental Disabilities, and Substance Abuse Services, the House of
Representatives Appropriations Subcommittee on Health and Human Services, the
Senate Appropriations Committee on Health and Human Services, and the Fiscal
Research Division on or before May 1, 2010.May 1, 2011, and annually
thereafter."
SECTION 1.(f) G.S. 10.65A(a) of S.L. 2009-451 reads as rewritten:
"SECTION 10.65A.(a) For the purposes of
improving efficiency in the expenditure of available funds and effectively
identifying and meeting the needs of CAP-MR/DD eligible individuals, on or
before April 1, 2010, the By January 1, 2011, the Department of
Health and Human Services, Division of Medical Assistance, in conjunction with
the Division of Mental Health, Developmental Disabilities, and Substance Abuse
Services, shall submit to the Joint Legislative Oversight Committee on Mental
Health, Developmental Disabilities, and Substance Abuse Services a plan for status
report on the implementation of Tiers 1 through 4 ofplan for
the CAP-MR/DD program. Tiered Waiver. The plan shall describe the
implementation of each of the Tiers 1 and 4 and the proposed
implementation of Tiers 2 and 3, and revisions of Tier 4, and shall include
detail on each of the following:
(1) The array and
intensity level of services that will be available under each of the four Tiers.;
(2) The range of
costs for the array and intensity level of services under each of the four Tiers.;
(3) How the relative
intensity of need for each current and future CAP-MR/DD eligible individual
will be reliably determined.; and
(4) How the
determination of intensity of need will be used to assign current and future
CAP-MR/DD eligible individuals appropriately into one of the four Tiers.
(5) The criteria for moving individuals from one Tier to another and any costs associated with that movement.
The Department may develop an
application to the Centers for Medicare and Medicaid services for additional
Medicaid waivers for Tiers 2 and 3 of the CAP-MR/DD program. The Department
shall not submit the application until after it has submitted the plan required
under this subdivision. Nothing in this subdivision obligates the General
Assembly to appropriate additional funds for the CAP-MR/DD waiver."
SECTION 1.(g) G. S. 122C-102(c) reads as rewritten:
"(c) State
Performance Measures. - The State Plan shall also include a mechanism for measuring
the State's progress towards increased performance on the following matters:
access to services, consumer-focused outcomes, individualized planning and
supports, promotion of best practices, quality management systems, system
efficiency and effectiveness, and prevention and early intervention.
Beginning October 1, 2006,equitable allocation of resources, prevention
and early intervention, statewide system of crisis response for adults and
children, and management of the utilization of State facilities. Beginning
January 1, 2011, and every six months thereafter, the Secretary shall
report to the General Assembly and the Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, and Substance Abuse Services, on the
State's progress in these performance areas."
SECTION 2. This act is effective when it becomes law.