State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-23_1

§ 122C‑23.1.  Licensureof residential treatment facilities.

The General Assembly finds:

(1)        That much of thecare for residential treatment facility residents is paid by the State and thecounties;

(2)        That the cost to theState for care for residents of residential treatment facilities issubstantial, and high vacancy rates in residential treatment facilities furtherincrease the cost of care;

(3)        That theproliferation of residential treatment facilities results in costly duplicationand underuse of facilities and may result in lower quality service;

(4)        There is currentlyno ongoing relationship between some applicants for licensure and localmanagement entities (LMEs) that are responsible for the placement of childrenand adults in residential treatment facilities; and

(5)        That it is necessaryto protect the general welfare and lives, health, and property of the people ofthe State for the local management entity (LME) to verify that additional bedsare needed in the LME's catchment area before new residential treatmentfacilities are licensed. This process is established to ensure that unnecessarycosts to the State do not result, residential treatment facility beds areavailable where needed, and that individuals who need care in residentialtreatment facilities may have access to quality care.

Based on these findings, theDepartment of Health and Human Services may license new residential treatmentfacilities if the applicant for licensure submits with the application a letterof support obtained from the local management entity in whose catchment areathe facility will be located. The letter of support shall be submitted to theDepartment of Health and Human Services, Division of Health Service Regulationand Division of Mental Health, Developmental Disabilities, and Substance AbuseServices, and shall specify the number of existing beds in the same type offacility in the catchment area and the projected need for additional beds ofthe same type of facility. As used in this subsection, "residential treatmentfacility" means a "residential facility" as defined in andlicensed under this Chapter, but not subject to Certificate of Needrequirements under Article 9 of Chapter 131E of the General Statutes. (2005‑276, s. 10.40(a);2007‑182, s. 1.)