State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-115_2

§ 122C‑115.2.  LMEbusiness plan required; content, process, certification.

(a)        Every county,through an area authority or county program, shall provide for the development,review, and approval of an LME business plan for the management and delivery ofmental health, developmental disabilities, and substance abuse services. An LMEbusiness plan shall provide detailed information regarding how the areaauthority or county program will meet State standards, laws, and rules forensuring quality mental health, developmental disabilities, and substance abuseservices, including outcome measures for evaluating program effectiveness. Thebusiness plan shall be in effect for at least three State fiscal years. TheSecretary shall develop a model business plan that illustrates compliance withthis section, including specific State standards and rules adopted by theSecretary. The Secretary shall provide each LME with the model business plan toassist the LME in developing its business plan.

(b)        Business plansshall include the following:

(1)        Description of howthe following core administrative functions will be carried out:

a.         Planning. – Localservices plans that identify service gaps and methods for filling the gaps,ensure the availability of an array of services based on consumer needs,provision of core services, equitable service delivery among member counties,and prescribing the efficient and effective use of all funds for targetedservices. Local planning shall be an open process involving key stakeholders.

b.         Provider networkdevelopment. – Ensuring available, qualified providers to deliver servicesbased on the business plan. Development of new providers and monitoringprovider performance and service outcomes. Provider network development shalladdress consumer choice and fair competition. For the purposes of this section,a "qualified provider" means a provider who meets the providerqualifications as defined by rules adopted by the Secretary.

c.         Service management.– Implementation of uniform portal process. Service management shall includeappropriate level and intensity of services, management of State hospitals/facilitiesbed days, utilization management, case management, and quality management. Ifservices are provided directly by the area authority or county program, thenthe plan shall indicate how consumer choice and fair competition in themarketplace is ensured.

d.         Financial managementand accountability. – Carrying out business functions in an efficient andeffective manner, cost‑sharing, and managing resources dedicated to thepublic system.

e.         Service monitoringand oversight. – Ensuring that services provided to consumers and families meetState outcome standards and ensure quality performance by providers in thenetwork.

f.          Evaluation. – Self‑evaluationbased on statewide outcome standards and participation in independentevaluation studies.

g.         Collaboration. – Collaboratingwith other local service systems in ensuring access and coordination ofservices at the local level. Collaborating with other area authorities andcounty programs and the State in planning and ensuring the delivery ofservices.

h.         Access. – Ensuringaccess to core and targeted services.

(2)        Description of howthe following will be addressed:

a.         Reasonableadministrative costs based on uniform State criteria for calculatingadministrative costs and costs or savings anticipated from consolidation.

b.         Proposedreinvestment of savings toward direct services.

c.         Compliance with thecatchment area consolidation plan adopted by the Secretary.

d.         Based on rulesadopted by the Secretary, method for calculating county resources to reflectcash and in‑kind contributions of the county.

e.         Financial andservices accountability and oversight in accordance with State and federal law.

f.          The composition,appointments, selection process, and the process for notifying each board ofcounty commissioners of all appointments made to the area authority board.

g.         The population baseof the catchment area to be served.

h.         Use of local fundsfor the alteration, improvement, and rehabilitation of real property asauthorized by and in accordance with G.S. 122C‑147.

i.          The resourcesavailable and needed within the catchment area to prevent out‑of‑communityplacements and shall include input from the community public agencies.

(3)        Other mattersdetermined by the Secretary to be necessary to effectively and efficientlyensure the provision of mental health, developmental disabilities, andsubstance abuse services through an area authority or county program.

(c)        The county programor area authority proposing the business plan shall submit the proposed plan asapproved by the board of county commissioners to the Secretary for review andcertification. The Secretary shall review the business plan within 30 days of receiptof the plan. If the business plan meets all of the requirements of State lawand standards adopted by the Secretary, then the Secretary shall certify thearea authority or county program as a single‑county area authority, asingle‑county program, a multicounty area authority, or a multicountyprogram. A business plan that demonstrates substantial compliance with themodel business plan developed by the Secretary shall be deemed as meeting therequirements of State law and standards adopted by the Secretary.Implementation of the certified plan shall begin within 30 days ofcertification. If the Secretary determines that changes to the plan arenecessary, then the Secretary shall so notify the submitting county program orarea authority and the applicable participating boards of county commissionersand shall indicate in the notification the changes that need to be made inorder for the proposed program to be certified. If the Secretary determinesthat a business plan needs substantial changes in order to be certifiable, theSecretary shall provide the LME submitting the plan with detailed informationon each area of the plan that is in need of change, the particular State law orstandard adopted by the Secretary that has not been met, and instructions orassistance on what changes need to be made in order for the plan to becertifiable. The submitting county program or area authority shall have 30 daysfrom receipt of the Secretary's notice to make the requested changes andresubmit the amended plan to the Secretary for review. The Secretary shallprovide whatever assistance is necessary to resolve outstanding issues.Amendments to the business plan shall be subject to the approval of theparticipating boards of county commissioners.

(d)        Annually, in accordancewith procedures established by the Secretary, each area authority and countyprogram submitting a business plan shall enter into a memorandum of agreementwith the Secretary for the purpose of ensuring that State funds are used inaccordance with priorities expressed in the business plan. (2001‑437, s. 1.9; 2002‑164,s. 4.3; 2006‑142, s. 4(c); 2007‑504, s. 2.1.)