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<br />Board of Commissioners of Orange County
<br />Joint Resolution Approving the Dissolution of
<br />Orange Person Chatham Mental Health, Developmental Disabilities and Substance
<br />Abuse Authority and
<br />Establishment of an Area Authority for the
<br />New Catchment Area
<br />June 19, 2012
<br />WHEREAS, House Bill 916, 2011 N.C. Session Laws 264, was enacted by the General
<br />Assembly of North Carolina effective June 23, 2011, and requires that the 1915(b)/(c) Medicaid
<br />Waiver Program be completed statewide by July 1, 2013, and that each LME by such date shall
<br />have a minimum population of at least 500,000 within its catchment area, and further requires
<br />that all local management entities ( "LMEs" or "LME ") meet certain additional deadlines to
<br />participate in the waiver by either merging with other LMEs or entering into interlocal
<br />agreements with other LMEs; and
<br />WHEREAS, the provisions of N.C. Gen. Stat. § 122C -115.3 govern the dissolution of an area
<br />authority, and said statute requires that a county demonstrate prior to the dissolution of an area
<br />authority that continuity of services will be maintained; and
<br />WHEREAS, Orange Person Chatham Mental Health, Developmental Disabilities and Substance
<br />Abuse Authority d /b /a OPC Area Program ( "OPC "), is currently established as a multi- county
<br />area mental health, developmental disabilities, and substance abuse authority and LME serving
<br />the counties of Orange, Person and Chatham ( "OPC Catchment Area "); and
<br />WHEREAS, PBH is currently established as a multi- county area mental health, developmental
<br />disabilities, and substance abuse authority, LME and Managed Care Organization ( "MCO "); and
<br />WHEREAS, Five County Mental Health Authority ( "Five County ") is currently established as a
<br />multi- county area mental health, developmental disabilities, and substance abuse authority and
<br />LME serving the counties of Franklin, Granville, Halifax, Vance and Warren; and
<br />WHEREAS, OPC entered into a Management, Merger and Dissolution Agreement dated April 1,
<br />2012, by which PBH was given the duty to perform the obligations under OPC's Contract #206-
<br />010, executed October 1, 2011, between OPC and the North Carolina Department of Health
<br />and Human Services for the period from January 1, 2012 through June 30, 2012, which further
<br />called for the three counties which currently comprise the OPC Catchment Area to jointly
<br />establish with PBH and Five County an area authority for Alamance, Cabarrus, Caswell,
<br />Chatham, Davidson, Franklin, Granville, Halifax, Orange, Person, Rowan, Stanly, Union, Vance,
<br />and Warren Counties ( "New Catchment Area "), and at that time to dissolve OPC, in accordance
<br />with the terms and conditions of the said Management, Merger and Dissolution Agreement by
<br />and between PBH and OPC dated April 1, 2012, and with the approval of the Secretary of the
<br />N.C. Department of Health and Human Services; and
<br />WHEREAS, consistent with the legislative mandate, PBH, an MCO and area authority acting
<br />pursuant to Chapter 122C of the North Carolina General Statutes, has been approved by the
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