A BILL TO BE ENTITLED
AN ACT TO DIRECT THE Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, TO TAKE CERTAIN ACTIONS TO IMPROVE SUPPORTS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 122C‑115.4(b) is amended by adding the following new subdivision to read:
"(b)	The primary functions of an LME are designated in this subsection and shall not be conducted by any other entity unless an LME voluntarily enters into a contract with that entity under subsection (c) of this section. The primary functions include all of the following:
…
(8)	Each LME shall develop a waiting list of persons with intellectual or developmental disabilities that are waiting for specific services. The LME shall develop the list in accordance with rules adopted by the Secretary to ensure that waiting list data are collected consistently across LMEs. Data collected should include numbers of persons that are:
a.	Waiting for residential services.
b.	Potentially eligible for CAP‑MRDD.
c.	In need of other services and supports funded from State appropriations to or allocations from the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, including CAP‑MRDD.
The LME shall annually report the data maintained to the Department."
SECTION 2.  G.S. 122C‑112.1(a) is amended by adding the following new subdivisions to read:
"§ 122C‑112.1.  Powers and duties of the Secretary.
(a)	The Secretary shall do all of the following:
…
(35)	Develop and adopt rules governing a statewide data system containing waiting list information obtained annually from each LME as required under G.S. 122C‑115.4(b)(8). The rules adopted shall establish standardized criteria to be used by LMEs to ensure that the waiting list data are consistent across LMEs. The Department shall use data collected from LMEs under G.S. 122C‑115.4(b)(8) for statewide planning and needs projects. The creation of the statewide waiting list data system does not create an entitlement to services for individuals on the waiting list. The Department shall report annually to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services its recommendations based on data obtained annually from each LME. The report shall indicate the services that are most in need throughout the State, plans to address unmet needs, and any cost projects to provide needed services.
(36)	The Department shall ensure that developmental disability services funded from appropriations to or allocations from the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, including CAP‑MRDD are authorized on a quarterly, semiannually, or annual basis, in accordance with guidelines issued by the Department, unless a change in the individual's person‑centered plan indicates a different authorization frequency.
(37)	The Department shall develop new developmental disability service definitions for developmental disability services funded from appropriations to or allocations from the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, including CAP‑MRDD that allow for person‑centered and self‑directed supports."
SECTION 3.  This act becomes effective July 1, 2009.