State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-115

§ 122C‑115.  Duties ofcounties; appropriation and allocation of funds by counties and cities.

(a)        A county shallprovide mental health, developmental disabilities, and substance abuse servicesthrough an area authority or through a county program established pursuant toG.S. 122C‑115.1. The catchment area of an area authority or a countyprogram shall contain either a minimum population of at least 200,000 or aminimum of six counties. To the extent this section conflicts with G.S. 153A‑77(a),the provisions of G.S. 153A‑77(a) control.

(a1)      Effective July 1,2007, the Department of Health and Human Services shall reduce by ten percent(10%) annually the administrative funding for LMEs that do not comply with thecatchment area requirements of subsection (a) of this section. However, an LMEthat does not comply with the catchment area requirements because of a changein county membership shall have 12 months from the effective date of the changeto comply with subsection (a) of this section.

(b)        Counties shall andcities may appropriate funds for the support of programs that serve thecatchment area, whether the programs are physically located within a singlecounty or whether any facility housing a program is owned and operated by thecity or county. Counties and cities may make appropriations for the purposes ofthis Chapter and may allocate for these purposes other revenues not restrictedby law, and counties may fund them by levy of property taxes pursuant to G.S.153A‑149(c)(22).

(c)        Except asauthorized in G.S. 122C‑115.1, within a catchment area designated in thebusiness plan pursuant to G.S. 122C‑115.2, a board of countycommissioners or two or more boards of county commissioners jointly shallestablish an area authority with the approval of the Secretary.

(d)        Except as otherwiseprovided in this subsection, counties shall not reduce county appropriationsand expenditures for current operations and ongoing programs and services ofarea authorities or county programs because of the availability of State‑allocatedfunds, fees, capitation amounts, or fund balance to the area authority orcounty program. Counties may reduce county appropriations by the amountpreviously appropriated by the county for one‑time, nonrecurring specialneeds of the area authority or county program. (1977, c. 568, s. 1; c. 679, s. 7; 1979, c. 358, ss.5, 23; 1981, c. 51, s. 3; 1985, c. 589, s. 2; 1989, c. 625, s. 14; 1995 (Reg.Sess., 1996), c. 749, s. 1; 1999‑202, s. 1; 2001‑437, s. 1.8; 2004‑124,s. 10.26(a); 2006‑66, s. 10.32(c), (d); 2007‑504, s. 1.3.)