AN ACT to facilitate appropriate placements for individuals experiencing behavioral health treatment needs through the use of the north carolina behavioral health bed referral system, to be known as the behavioral health statewide central AVAILABILITY navigator or BH scan.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Article 2 of Chapter 122C of the General Statutes is amended by adding a new section to read:

§ 122C‑32.  Participation in the Behavioral Health Statewide Central Availability Navigator.

(a)        For the purposes of this section, the term Behavioral Health Statewide Central Availability Navigator or BH SCAN shall mean the secure web‑based application operated by the Division to assist in the placement of individuals needing behavioral health treatment as determined by an assessment from an appropriate qualified professional.

(b)        The following facilities are required to participate in the BH SCAN:

(1)        Child residential services facilities that fall into any of the following categories:

a.         Level I/Family Type.

b.         Level II/Family Type.

c.         Level II/Family and Program Type.

d.         Level III.

e.         Level IV.

(2)        Community inpatient psychiatric units and hospitals.

(3)        Faculties that provide any of the following:

a.         Facility‑based crisis services.

b.         Nonhospital medical detoxification services.

c.         Social setting detoxification services.

d.         Youth facility‑based crisis services.

(4)        Reserved for future codification purposes.

(5)        Psychiatric residential treatment facilities.

(6)        State‑operated alcohol and drug treatment centers.

(7)        State‑operated psychiatric hospitals.

(c)        A facility is in compliance with participation in the BH SCAN if that facility meets all of the following requirements:

(1)        Daily connection to the BH SCAN.

(2)        Daily updates through the BH SCAN to bed availability. If no change in bed availability has occurred since the last connection to the BH SCAN, then the facility shall communicate this lack of change in a manner determined by the Division.

(3)        Timely updates to any operational or admissions information, as determined by the Division.

(d)       Failure to participate in the BH SCAN in accordance with all requirements under this section results in noncompliance with this section. Noncompliance with this section results in a fine of one hundred dollars ($100.00) per day for each day in which the entity is out of compliance with this section. The Division may waive any fine if the noncompliance was a result of no‑fault technical complications.

SECTION 1.(b)  This section is effective October 1, 2022.

SECTION 2.  Effective July 1, 2022, there is appropriated from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, one hundred thousand dollars ($100,000) in nonrecurring funds to be used to facilitate connections to the North Carolina Behavioral Health Crisis Referral System and to communicate the requirements imposed due to implementation of this act.

SECTION 3.  Except as otherwise provided, this act is effective when it becomes law.