HomeMy WebLinkAboutRES-2012-032 Joint Resolution of BOCC of Alamance Cabarrus Caswell Chatham Davidson Franklin Granville Halifax Orange Person Rowan Stanly Union Vance and Warren -�� / Z
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JOINT RESOLUTION
OF THE BOARDS OF COUNTY COMMISSIONERS
OF ALAMANCE,CABARRUS,CASWELL,CHATHAM,DAVIDSON,
FRANKLIN, GRANVILLE,HALIFAX, ORANGE,PERSON,ROWAN,
STANLY,UNION,VANCE AND WARREN COUNTIES
WHEREAS, the Boards of County Commissioners of Alamance, Cabarrus,
Caswell,Chatham, Davidson,Franklin, Granville,Halifax, Orange,Person,Rowan,
Stanly,Union,Vance and Warren Counties previously resolved to be separately served
by the Five County, OPC,and PBH Area Authorities;
WHEREAS,the State of North Carolina passed Session Law 2011-264,which
requires statewide expansion of the 1915(b)/(c)Medicaid Waiver to be managed by Area
Authorities operating as Managed Care Organizations;
WHEREAS,the North Carolina General Assembly is currently addressing the
governance needs of Area Authorities operating as Managed Care Organizations through
a Health and Human Services Subcommittee on LME Governance, and intends to pass
governance legislation in the 2012 legislative short session;
WHEREAS,the Boards of County Commissioners of Alamance, Cabarrus,
Caswell,Chatham,Davidson,Franklin, Granville,Halifax, Orange,Person,Rowan,
Stanly,Union, Vance and Warren Counties now desire to be served by a single Area
Authority operating as a Managed Care Organization with a governance structure that
will function under existing law, as well as under the new governance legislation;
NOW,THEREFORE,BE IT RESOLVED JOINTLY as follows:
Section 1. Resolution and Purpose
It is in the interest of the public health and welfare to create an Area Authority to
operate North Carolina's 1915(b)/(c)Medicaid Waiver as a Managed Care Organization
and to manage all public resources that may become available for mental health,
intellectual and developmental disabilities, and substance abuse services, including
federal block grant funds, federal funding for Medicaid and Health Choice, and all other
public funding sources.
Section 2. Establishment of Cardinal Innovations Healthcare Solutions
There is hereby created and established pursuant to G.S. 122C-115(c)an Area
Authority known as Cardinal Innovations Healthcare Solutions("Cardinal Innovations").
Pursuant to the 1915(b)/(c)Medicaid Waiver and 42 C.F.R. 438.2, Cardinal Innovations
Healthcare Solutions shall operate as a Managed Care Organization and Prepaid Inpatient
Health Plan. Cardinal Innovations shall include the Alamance-Caswell,Five County,
OPC, and Piedmont Community Operations Centers.
Section 3. Governance
There is hereby created and established pursuant to G.S. 122C-118.1 an Area
Board, which shall be the governing unit of Cardinal Innovations. The Area Board shall
be comprised of a single Governing Board and Community Oversight Boards, one for
each Community Operations Center. The appointment of members to the Governing
Board and Community Oversight Boards shall be in accordance with bylaws set forth for
such purpose and may be amended as necessary or convenient to comply with changes in
state or federal law or to carry out the functions,powers, duties, and responsibilities
contained in this Joint Resolution. Due to the complexity of operations, financial risk,
and responsibility for public funding the Governing Board must be highly functional in
order to ensure accountability to finders,the financial solvency of Cardinal Innovations,
compliance with state and federal laws and regulations including quality standards,and a
service delivery system that is customized for localities and which provides access and
choice for citizens in need of mental health,intellectual and developmental disabilities,
substance abuse and related services.
(1) Membership of the Governing Board shall be comprised of a mix of
individuals with the necessary expertise to govern large Managed Care Organizations and
individuals who represent the constituencies Cardinal Innovations serves. Membership
will be as follows:
(a) Two(2)at-large County Commissioners from among the County
Commissioners serving on Community Oversight Boards (defined below), selected by
the Governing Board,based on diversity of geographic representation;
(b) One(1)member from the Regional Consumer and Family
Advisory Committee, either the Chair or other elected member;
(c) Six(6)members, selected by the Governing Board, with
professional experience and expertise in healthcare, insurance, finance,health/behavioral
health, intellectual/developmental disabilities,and a physician or other clinical
professional,and no more than two members from any single specialty area; and
(d) One(1)member from each Community Oversight Board, either
the Chair or other elected member.
(e) Except for members appointed by the Community Oversight
Boards and the Regional Consumer and Family Advisory Committee,the initial members
of the Governing Board shall be nominated by the PBH Board,with consultation from
the Boards of Five County and OPC Area Authorities, and affirmed by the Secretary of
the North Carolina Department of Health and Human Services.
(2) The Governing Board's primary responsibilities will include determining
policy; strategic planning, including consideration of local priorities as determined by the
Community Oversight Boards;budgets;hiring and evaluations of the Chief Executive
Officer;monitoring of deliverables, including overall performance and financial
management; government affairs and advocacy;reporting to constituent counties;
responding to concerns and feedback from the Community Oversight Boards; and
ensuring the overall health of Cardinal Innovations.
(3) The bylaws of the Governing Board shall establish Community Oversight
Boards, one for each Community Operations Center,which shall ensure involvement of
local stakeholders,promote understanding and collaboration at the local level, and
monitor the performance of each Community Operations Center. Membership of the
Community Oversight Boards will be as follows:
(a) Three(3)members from each County, appointed by each County's
Board of Commissioners,and will include a County Commissioner or designee, a
consumer or family member, and another citizen or stakeholder; and
(b) One(1)member from the Local Consumer and Family Advisory
Committee, either the Chair or other elected member.
(4) Each Community Oversight Board's primary responsibilities will include
advising the CEO on the evaluation and hiring of the Community Operations Center
Executive Director;recommending priorities for expenditure of state and county funds
for development of the annual budget; determining local priorities for inclusion in the
overall strategic plan; identifying community needs and concerns; monitoring resolution
of issues; and monitoring performance at the local level, including access to care,
expenditure of service funds,number of consumers served, services delivered, provider
network size and composition,outcomes, and consumer satisfaction.
(5) Each Community Oversight Board will establish its own bylaws based on
local needs,but in compliance with standardized requirements established by the
Governing Board for quorums, frequency of meetings,elections of officers, duties of
members, committees and committee appointments, and attendance standards. Such
bylaws are subject to the approval of the Governing Board.
Section 4. Functions
Cardinal Innovations shall perform all the functions necessary to carry out the
purposes of this Joint Resolution,including,but not limited to,the following:
(1) To establish accountability for the planning,development, and
management of local systems that ensure access to care, quality of services, and the
availability and delivery of necessary services, for individuals in need of mental health,
intellectual and developmental disabilities, substance abuse, and related services;
(2) To operate the 1915(b)/(c)Medicaid Waiver, a proven system for the
management of mental health, intellectual and developmental disabilities, and substance
abuse services;
(3) To manage state funded services for mental health, intellectual and
developmental disabilities, and substance abuse services, including federal block grant
funds;
(4) To manage all other resources that are or become available for mental
health, intellectual and developmental disabilities,and substance abuse services;
(5) To use managed care strategies,including care coordination and utilization
management,to reduce the trend of escalating costs in the State Medicaid program while
ensuring medically necessary care, and to deploy a system for the allocation of resources
based on the reliable assessment of medical necessity, functional status and intensity of
need. These strategies shall efficiently direct individuals to appropriate services and shall
ensure they receive no more and no less than the amount of services determined to be
medically necessary at the appropriate funding level;
(6) To maintain a local presence in order to respond to the unique needs and
priorities of localities;
(7) To ensure communication with consumers, families,providers, and
stakeholders regarding disability-specific and general 1915(b)/(c)Medicaid Waiver
operations by implementing a process for feedback and exchange of information and
ideas;
(8) To establish and maintain systems for ongoing communication and
coordination regarding the care of individuals with mental illness, intellectual and
developmental disabilities, and substance abuse disorders with other organized systems
such as local Departments of Social Services, Community Care of North Carolina,
hospitals, school systems,the Department of Juvenile Justice and Delinquency
Prevention, and other community agencies;
(9) To maintain disability specific infrastructure and competency to address
the clinical,treatment,rehabilitative,habilitative,and support needs of all disabilities
served by Cardinal Innovations;
(10) To conduct administrative and clinical functions, including requirements
for customer service, quality management,due process,provider network development,
information technology systems, financial reporting, and staffing;
(11) To maintain full accountability for all aspects of 1915(b)/(c)Medicaid
Waiver operations and for meeting all contract requirements specified by the Department
of Health and Human Services; and
(12) To authorize the utilization of State psychiatric hospitals and other State
facilities.
Section 5. Powers,Duties and Responsibilities
Cardinal Innovations shall have the powers, duties, and responsibilities necessary
or convenient to carry out the purposes of this Joint Resolution,including but not limited
to,the following:
(1) To engage in comprehensive planning, development, and management of
local systems for the delivery of mental health,intellectual and developmental
disabilities, and substance abuse and related services;
(2) To comply with federal requirements for Medicaid,Medicare,block
grants, and other federally funded healthcare programs;
(3) To perform public relations and community advocacy functions;
(4) To maintain a 24-hour a day, seven day a week crisis response service.
Crisis response shall include telephone and face-to-face capabilities. Crisis phone
response shall include triage and referral to appropriate face-to-face crisis providers.
Crisis services do not require prior authorization,but shall be delivered in compliance
with appropriate policies and procedures. Crisis services shall be designed for
prevention,intervention, and resolution,not merely triage and transfer, and shall be
provided in the least restrictive setting possible, consistent with individual and family
need, and community safety;
(5) To accept donations or money,personal property, or real estate for the
benefit of Cardinal Innovations and to take title to the same from any person, firm,
corporation, or society;
(6) To purchase,lease, obtain options upon,or otherwise acquire any real or
personal property or any interest therein from any person, firm, corporation,city, county,
government,or society;
(7) To sell, exchange,transfer,assign,or pledge any real or personal property
or any interest therein to any person, firm, corporation, city, county, government, or
society;
(8) To own, hold, clear, and improve property;
(9) To appoint a Chief Executive Officer and to fix his/her compensation;
(10) To delegate to its agents or employees any powers or duties as it may
deem appropriate;
(11) To employ its own counsel and legal staff;
(12) To adopt, amend,and repeal bylaws for the conduct of its business;
(13) To enter into contracts or other arrangements for necessary supplies,
equipment, or services for the operation of its business;
(14) To appoint committees or subcommittees as it shall deem advisable,to fix
their duties and responsibilities, and to do all things necessary in connection with the
management, supervision, control, and operation of its business;
(15) To enter into any contracts or other arrangements with any municipality,
other public agency of this or any other State or of the United States,or with any
individual,private organization, corporation, or nonprofit association for the provision,
oversight or management of mental health, intellectual and developmental disabilities,
substance abuse and related services;
(16) To act as an agent for the federal, State, or local government in connection
with the management and oversight for the delivery of mental health, intellectual and
developmental disabilities, substance abuse and related services To insure its property or
operations against risks as it may deem advisable;
(17) To invest any funds held in reserves or sinking funds, or any funds not
required for immediate disbursement,in property or securities in which trustees,
guardians, executors, administrators, and others acting in a fiduciary capacity may legally
invest funds under their control;
(18) To sue and be sued;
(19) To have a seal and to alter it at pleasure;
(20) To have perpetual succession;
(21) To make and execute contracts and other instruments necessary or
convenient, including to provide services to government or private entities, including
Employee Assistance Programs;
(22) To agree to limitations upon the exercise of any powers conferred upon it
by this Joint Resolution in connection with any loan;
(23) To determine the pay, expense allowances, and other compensation of its
officers and employees, and establish position classification and pay plans and incentive
compensation plans;
(24) To provide for biennial assessments of personnel plans by an independent
entity that specializes in human resources development and management to ensure that
position classifications and compensation are appropriately matched to industry standards
and local job market requirements; and
(25) To exercise any or all of the powers conferred upon it by this Joint
Resolution, either generally or directly, or through designated agents.
Section 6. Effective Date
This Joint Resolution shall be effective as of July 1, 2012.
ADOPTED AND RATIFIED in counterparts by the Boards of County Commissioners of
Alamance, Cabarrus, Caswell, Chatham,Davidson,Franklin,Granville,Halifax, Orange,
Person,Rowan, Stanly,Union,Vance and Warren Counties.
BOARD OF COlV1EMSIONERS OF ALAYfANCE COUNTY
Approved: \� .2012.
W7
By
Chairman
This the-' day of 2012.
ATTEST:
-/derk to Board
BOARD OF COMMISSIONERS OF CABARRUS COUNTY
Approved: 2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
r
BOARD OF COMNIISSIONERS OF CASWELL COUNTY
Approved; 2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSION EI RS OF ALAMANCE,COUNTY
Approved:___ ___ ____ ,2012.
By:
Chairman
This the day of_ _ _ _ 2012.
AT T ST:
Clerk to the Board
BOARD OF COMMISSIONERS OF CABARRUS COUNTY
Approved: MU 21 , 2012•
By: Q. e��
Chairman
This the 21 day of___ May
ATTEST:
erk the and
BOARD OF COMMISSIONERS OF CASWELL COUNTY
Approved: .2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF ALAMANCE COUNTY
Approved: 12012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF CABARRUS COUNTY
Approved: 2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF CASWELL COUNTY
Approved: n e 2012.
By:
Chairman
This the 1-4 +VN day of,,
I Q- 2012.
ATTEST:Cc ,
Clerk to the Board
BOARD OF COMMISSIONERS OF CHATHAM COUNTY
Approved: Q ,2012.
By:
Chairman
This the 19 day of 2012.
ATTEST:_ ,CMG, NC!�CCG
Clerk to the Board
BOARD OF COMMISSIONERS OF DAVIDSON COUNTY
Approved: 92012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF FRANKLIN COUNTY
Approved: ,2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF CHATHAM COUNTY
Approved: ,2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF DAVIDSON COUNTY
Approved: A � 12012.
By:
Chairman
—
This the 1 F7�- day of 2012.
ATTEST:
C erk to the Board
A
BOARD OF COMMISSIONERS OF FRANKLIN COUNTY
Approved: ,2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF CHATHAM COUNTY
Approved: 12012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMSSIONERS OF DAVIDSON COUNTY
Approved: ,2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMNUSSIONERS OF FRANKLIN COUNTY
Approved;Ti u ,2012.
Chairman
This the day of 2012.
ATTES
Clerk to the Board
BOARD OF COMMISSIONERS OF GRANVILLE COUNTY
Approved: ��►"�h 9 ,2012.
By.
Chairman
This the 19 day of /hued` 2012.
ATTEST: d 1 4Z
Clerk to the Board
BOARD OF COMMISSIONERS OF HALIFAX COUNTY
Approved: , 2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMSSIONERS OF ORANGE COUNTY
Approved: J" A 'A
By:
E E /
Chairman
This the—� -/ day of 2012.
ATTEST:
r the Board
BOARD OF COMMISSIONERS OF GRANVILLE COUNTY
Approved: 52012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF HALIFAX COUNTY
Approved: .2012.
B
Chairman
This the day of i 2012.
ATTE
Clerk o the Board
BOARD OF COMMISSIONERS OF ORANGE COUNTY
Approved: .2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF GRANVILLE COUNTY
Approved: '2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF HALIFAX COUNTY
Approved: ,2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF nCnOMMISSIONERS OF ORANGE COUNTY
Approved: !Y l dA 2012.
Chairman
This the day of X012.
tf �!
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF PERSON COUNTY
Approved: M 12012.
By: �l
hairman
This the 1� day of 612.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF ROWAN COUNTY
Approved: ,2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF STANLY COUNTY
Approved: 92012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF PERSON COUNTY
Approved: •2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF ROWAN COUNTY
Approved:._ 2012.
By
Chairman
This the t'}3 day of m a 2012.
ATTES .
Cle to the Board
BOARD OF COMMISSIONERS OF STANLY COUNTY
Approved: .2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF PERSON COUNTY
Approved: 22012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF ROWAN COUNTY
Approved: ,2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF STANLY COUNTY
Approved: An- ( 1 ,2012.
By: Q
Chairman
This the �2 _day of / 1[/aI 2012.
ATTEST: Q:V ,�,' f"u ti..wt f
�� Clerk to the Board
BOARD OF COMMISSIONERS OF UNION COUNTY
Approved: .02012.
By:
Chairm
This the 4th day of .h,r,p, 2012.
ATTESTQ �,b• W
Lyrn 'G. West, Clerk to the Board
BOARD OF COMIVIISSIONERS OF VANCE COUNTY
Approved: ,2012.
By:
Chairman
This the day*of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF WARREN COUNTY
Approved: 2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF UNION COUNTY
Approved: .2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF VANCE COUNTY
Approved: �0�'► c� _ ,2012.
By: JI
Chairman
This the Qn(A _dayof0pril 2012.
ATTEST: �`1�-5SCjrY�
Jerk to the Board
BOARD OF COMMISSIONERS OF WARREN COUNTY
Approved: .2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF UNION COUNTY
Approved: ,2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF VANCE COUNTY
Approved: ,2012.
By:
Chairman
This the day of 2012.
ATTEST:
Clerk to the Board
BOARD OF COMMISSIONERS OF WARREN COUNTY
Approved: A 2012.
B
Chairman
This the day of 2012.
ATTES .
erk to a Board