RES-2012-061 Joint Resolution Approving Dissolution of Orange Person Chatham Mental Health, Developmental Disabilities & Substance Abuse Authority Establishment of an Area Authority for the New Catchment Area

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Orange, Person and Chatham Counties, shall appoint the members of the Community Oversight Board for PBH in the OPC Catchment Area to ensure that PBH continues to properly maintain and provide comprehensive mental health, developmental disabilities and substance abuse services programs in said counties in accordance with the Joint Resolution dealing with the governance of the reorganized PBH adopted or to be adopted by the County Commissioners of all counties represented by the New Catchment Area. 3. COUNTY APPROPRIATIONS. The County Commissioners of each of the counties in the OPC Catchment Area may from time to time make, in their sole discretion, in kind contributions to and adjustments to the N.C. Gen. Stat. § 122C -115 appropriation for mental health, developmental disabilities and substance abuse services programs taking into consideration the cost of the liabilities to PBH. Said County Commissioners may elect to provide mental health, developmental disabilities and substance abuse services programs, the costs of which shall be treated as in kind contributions to and adjustments to the N.C. Gen. Stat. § 122C -115 appropriation to the LME /MCO. 4. REPRESENTATIONS OF PBH. The Counties of the OPC Catchment Area explicitly state that PBH has represented to said Counties that it shall continue at all times to use its best efforts to deliver high quality mental health services to all residents of the OPC Catchment Area within existing finances on and after July 1, 2012. Other terms of the consolidation of Five County with PBH are set forth in the Management, Merger and Dissolution Agreement entered into by and between PBH and OPC, dated April 1, 2012, which terms are hereby incorporated by reference into this Joint Resolution and are acknowledged and accepted by the Board of Commissioners. 5. AREA BOARD, GOVERNANCE AND FUNCTIONS. The Counties of the New Catchment Area have adopted or will adopt prior to July 1, 2012, a Joint Resolution to establish Cardinal Innovations Healthcare Solutions as the new Area Authority as successor to PBH, Five County and OPC LMEs and to operate as a Managed Care Organization and Prepaid Inpatient Health Plan pursuant to the 1915(b)/(c) Medicaid Waver and 42 C.F.R. § 438.2 as of that date. Said Joint Resolution shall, among other things, set forth the governance and structure of the new Area Board, and the functions, powers and duties of the new Area Authority and MCO. 6. CATCHMENT AREA. The New Catchment Area for PBH, or by whatever name it shall be known in the future, as of July 1, 2012 shall be comprised of the Counties of Alamance, Cabarrus, Caswell, Chatham, Davidson, Franklin, Granville, Halifax, Orange, Person, Rowan, Stanly, Union, Vance, and Warren Counties. 7. PLAN OF MERGER AND AGREEMENT. The Area Board of OPC shall enter into a Plan of Merger and Agreement, by whatever name that agreement shall be known, with the Area Boards of OPC and PBH which shall set forth the terms and conditions of the consolidation. 8. FURTHER ACTIONS. The Board of Commissioners hereby authorizes the officers and Area Board of OPC to take any and all actions necessary or desirable to effectuate this action consistent with this Resolution.