A BILL TO BE ENTITLED
AN ACT to clarify that the Secretary of the Department Of health and human services must submit a plan to the general assembly regarding the provision of community-based services for the mentally ill prior to the closure of any state psychiatric hospital.
Whereas, between 2001 and 2005, State psychiatric hospital resident populations decreased by more than 40%, but admissions increased by over 13%; and 
Whereas, the rate of State psychiatric hospital admissions during that time increased faster than the State's population growth; and
Whereas, the number of persons discharged from a State psychiatric hospital after one to seven days has increased 83% between 2001 and 2005; and
Whereas, almost 20% of persons admitted to State psychiatric hospitals during 2005 had a primary diagnosis of drug or alcohol abuse, and their median length of stay was between three and six days; and
Whereas, on February 6, 2007, the Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services notified the CEOs of North Carolina's community hospitals that due to increased admissions, the State psychiatric hospitals would delay involuntary commitment admissions from community hospitals in those instances when the State facility's admission unit exceeds 110% of the unit's capacity; and
Whereas, these statistics indicate that there may not be sufficient capacity at either the State or the local level to provide adequate, consistent, and timely treatment for individuals with mental illness and substance abuse disorders; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Section 4.1 of S.L. 2003‑314 is amended by adding a new subsection to read:
"SECTION 4.1.  Interpretation of Act. (a)  Additional Method. – This act provides an additional and alternative method for the doing of the things authorized by this act and shall be regarded as supplemental and additional to powers conferred by other laws. Except where expressly provided, this act shall not be regarded as in derogation of any powers now existing. The authority granted in this act is in addition to other laws now or hereinafter enacted authorizing the State to issue or incur indebtedness.(b)	Secretary's Responsibility/Hospital Closure. – Nothing in this act shall be construed to limit the Secretary's responsibilities under G.S. 122C‑112.1(a)(30) or G.S. 122C‑181(b). The effective date of any closure shall be subject to G.S. 122C‑181."
SECTION 2.  G.S. 122C‑112.1(a)(30) reads as rewritten:
"§ 122C‑112.1.  Powers and duties of the Secretary.
(a)	The Secretary shall do all of the following:
...
(30)	Prior to requesting approval to close a State facility under G.S. 122C‑181(b):
a.	Notify the Joint Legislative Commission on Governmental Operations, the Joint Legislative Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, and members of the General Assembly who represent catchment areas affected by the closure; and
b.	Present a plan for the closure to the members of the Joint Legislative Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Senate Appropriations Committee on Health and Human Services. The Committees and Subcommittee shall hold a joint meeting to hear the plan and to provide for their review, advice, and recommendations. Members of the General Assembly who represent catchment areas affected by the proposed closure shall be allowed an opportunity at the joint meeting to review and comment on the plan.
		The plan shall specifically address all of the following:  (i) the capacity of any replacement facility and the catchment area to meet the needs of those consumers who require long-term secure services as well as acute care; (ii) an inventory of existing capacity in the communities within the catchment area for patients to access crisis services, appropriate housing, and other necessary supports; (iii) how the State and the LMEs in the catchment area will attract and retain qualified private providers that will provide services to State-paid non-Medicaid eligible consumers; and (iv) the impact of the closure on remaining State facilities. In implementing the plan, the Secretary shall take into consideration the comments and recommendations of the committees and other members of the General Assembly to which the plan is presented under this subdivision.
		Notwithstanding any other provision of law, the Secretary shall not close a State facility if there are not adequate replacement services available prior to the date of closure."
SECTION 3.  This act is effective when it becomes law.