GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

SESSION LAW 2011-275

SENATE BILL 578

AN ACT to facilitate the transfer of Beds from a State Psychiatric hospital to a Community Facility within certain LMEs.

The General Assembly of North Carolina enacts:

SECTION 1.  The Secretary of the Department of Health and Human Services may transfer beds from a State psychiatric hospital to a community facility pursuant to the State Medical Facilities Plan Policy PSY-1 without a written memorandum of agreement between the local management entity serving the county where the beds are to be located and the facility submitting the proposal if all of the following conditions are met:

(1)        The facility proposing to operate transferred beds submits an application to the Certificate of Need Section of the North Carolina Department of Health and Human Services.

(2)        The facility commits to serve the type of short-term patients normally placed at the State psychiatric hospital.

(3)        The facility proposing to operate the beds is a provider created under G.S. 131E-17.

(4)        The facility proposing to operate the beds is located in a single county area authority as defined in G.S. 122C-116.

SECTION 2.  This act is effective when it becomes law and expires on December 31, 2011.

In the General Assembly read three times and ratified this the 17^th day of June, 2011.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 5:14 p.m. this 23^rd day of June, 2011