May 21, 2012 (Regular Meeting) Page 1080
<br />(G -4) Piedmont Behavioral Healthcare /Community Operations Center - Joint
<br />Resolution of the Boards of County Commissioners of Alamance, Cabarrus,
<br />Caswell, Chatham, Davidson, Franklin, Granville, Halifax, Orange, Person,
<br />Rowan, Stanly, Union, Vance, and Warren County
<br />Richard Topping, PBH (Piedmont Behavioral Healthcare) General Counsel,
<br />reported the appointment concerns raised by the Board at the May work session
<br />will be addressed in the Authority's bylaws.
<br />UPON MOTION of Commissioner Measmer, seconded by Vice Chairman Burrage
<br />and unanimously carried, the Board adopted the following resolution:
<br />Resolution No. 2012 -08
<br />JOINT RESOLUTION
<br />OF THE BOARDS OF COUNTY COMMISSIONERS
<br />OF ALAMANCE, CABARRUS, CASWELL, CHATHAM, DAVIDSON,
<br />FRANKLIN, GRANVILLE, HALIFAX, ORANGE, PERSON, ROWAN,
<br />STANLY, UNION, VANCE AND WARREN COUNTIES
<br />WHEREAS, the Boards of County Commissioners of Alamance, Cabarrus,
<br />Caswell, Chatham, Davidson, Franklin, Granville, Halifax, Orange, Person,
<br />Rowan, Stanly, Union, Vance and Warren Counties previously resolved to be
<br />separately served by the Five County, OPC, and PBH Area Authorities;
<br />WHEREAS, the State of North Carolina passed Session Law 2011 -264, which
<br />requires statewide expansion of the 1915(b)/(c) Medicaid Waiver to be managed
<br />by Area Authorities operating as Managed Care Organizations;
<br />WHEREAS, the North Carolina General Assembly is currently addressing
<br />the governance needs of Area Authorities operating as Managed Care
<br />Organizations through a Health and Human Services Subcommittee on LME
<br />Governance, and intends to pass governance legislation in the 2012
<br />legislative short session;
<br />WHEREAS, the Boards of County Commissioners of Alamance, Cabarrus,
<br />Caswell, Chatham, Davidson, Franklin, Granville, Halifax, Orange, Person,
<br />Rowan, Stanly, Union, Vance and Warren Counties now desire to be served by a
<br />single Area Authority operating as a Managed Care Organization with a
<br />governance structure that will function under existing law, as well as under
<br />the new governance legislation;
<br />NOW, THEREFORE, BE IT RESOLVED JOINTLY as follows:
<br />Section 1. Resolution and Purpose
<br />It is in the interest of the public health and welfare to create an
<br />Area Authority to operate North Carolina's 1915(b)/(c) Medicaid Waiver as a
<br />Managed Care Organization and to manage all public resources that may become
<br />available for mental health, intellectual and developmental disabilities, and
<br />substance abuse services, including federal block grant funds, federal
<br />funding for Medicaid and Health Choice, and all other public funding sources.
<br />Section 2. Establishment of Cardinal Innovations Healthcare Solutions
<br />There is hereby created and established pursuant to G.S. 122C- 115(c) an
<br />Area Authority known as Cardinal Innovations Healthcare Solutions ( "Cardinal
<br />Innovations "). Pursuant to the 1915(b) /(c) Medicaid Waiver and 42 C.F.R.
<br />438.2, Cardinal Innovations Healthcare Solutions shall operate as a Managed
<br />Care Organization and Prepaid Inpatient Health Plan. Cardinal Innovations
<br />shall include the Alamance- Caswell, Five County, OPC, and Piedmont Community
<br />Operations Centers.
<br />Section 3. Governance
<br />There is hereby created and established pursuant to G.S. 122C -118.1 an
<br />Area Board, which shall be the governing unit of Cardinal Innovations. The
<br />Area Board shall be comprised of a single Governing Board and Community
<br />Oversight Boards, one for each Community Operations Center. The appointment
<br />of members to the Governing Board and Community Oversight Boards shall be in
<br />accordance with bylaws set forth for such purpose and may be amended as
<br />necessary or convenient to comply with changes in state or federal law or to
<br />carry out the functions, powers, duties, and responsibilities contained in
<br />this Joint Resolution. Due to the complexity of operations, financial risk,
<br />and responsibility for public funding the Governing Board must be highly
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