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New structure creates multiple exposures for counties to liabilities from which <br />they are now shielded by the current Area Authority structure, for example: <br /> <br />Program liability: Counties, instead of Area Authorities, are responsible for <br />delivering services. Draft 122C-88(g)(1) No one may be denied service on <br />account of an inability to pay. Draft 122C-100.7. <br /> <br />Tort Liability: Counties will have to defend and insure local program <br />employees, working in a "high risk" environment, just as counties now must <br />defend and insure employees of the Department of Social Services and the <br />Health Department, Meyer v. Wall, 347 N.C. 97, 489 S.E. 2d 880 (1997). <br /> <br />Liability for actions of contract programs: Large portions of services are <br />currently provided through contract agencies. Current G.S. 122C-142 gives <br />area programs the responsibility for monitoring these contract agencies and <br />assuring that they comply with state law and regulations. Under Draft 122C- <br />100.7, this monitoring responsibility is assigned to the local program, and the <br />liability would seem to flow. <br /> <br />4. Medicaid Payback Liability. <br /> <br /> <br />