NC H543

Corporations cannot be appointed as guardians for individuals to whom they provide mental health, developmental disabilities, or substance abuse services through a contract with a local management entity (LME), including those operating the 1915(b)/(c) Medicaid Waiver.

Individuals employed by or contracting with entities that provide mental health, developmental disabilities, and substance abuse services to an LME are prohibited from serving as guardians for wards receiving those services, with limited exceptions.

Exceptions to the guardianship prohibition include parents of the ward, immediate family members or licensed foster care providers serving as guardians as of January 1, 2013, and uncompensated guardians serving as of March 1, 2013.

A Joint Legislative Oversight Committee on Health and Human Services subcommittee is directed to examine the impact of Medicaid Waiver reforms on public guardianship services and report findings by May 9, 2014.

The act became effective upon passage on July 1, 2013.