SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
051727102Be it enacted by the General Assembly of Virginia:
1. That §§ 37.1-179 and 54.1-14.1 of the Code of Virginia are amended and reenacted as follows:
§ 37.1-179. Definitions.
For the purposes of this chapter:
"Brain injury" is any injury to the brain that occurs after birth, but before age 65, that is acquired through traumatic or non-traumatic insults. Non-traumatic insults may include, but are not limited to anoxia, hypoxia, aneurysm, toxic exposure, encephalopathy, surgical interventions, tumor and stroke. Brain injury does not include hereditary, congenital or degenerative brain disorders, or injuries induced by birth trauma.
"Provider" means any person, entity or organization,
excluding an agency of the federal government by whatever name or designation,
that provides (i) services to persons with mental
illness, mental retardation or substance addiction or abuse including the
detoxification, treatment or rehabilitation of drug addicts through the use of
the controlled drug methadone or other opioid replacements or, (ii)
services to persons who receive day support, in-home support or
crisis stabilization services funded through the Individual and Families
Developmental Disabilities Support Waiver, (iii) services to
persons under the Brain Injury Waiver, or (iv) residential services for persons
with brain injury. Such person, entity or organization shall
include a hospital as defined in § 32.1-123, community services board as
defined in § 37.1-194.1, behavioral health authority as defined in § 37.1-243,
private provider, and any other similar or related person, entity or
organization. It shall not include any individual practitioner who holds a
license issued by a health regulatory board of the Department of Health
Professions or who is exempt from licensing pursuant to §§ 54.1-3501, 54.1-3601
or § 54.1-3701.
"Service or services" means:
1. Individually planned interventions intended to reduce or
ameliorate the effects of mental illness, mental
retardation or,
substance addiction or abuse, or brain injury through care,
treatment, training, habilitation or other supports that are delivered by a
provider to individuals with mental illness, mental retardation, or substance
addiction or abuse, or brain injury. Services include,
but are not limited to, outpatient services, intensive in-home services,
inpatient psychiatric hospitalization, community gero-psychiatric residential
services, assertive community treatment and other clinical services; day
support, day treatment, partial hospitalization, psychosocial rehabilitation,
and habilitation services; case management services; and supportive
residential, special school, halfway house and other residential services; and
2. Day support, in-home support and crisis stabilization services provided to individuals under the Individual and Families Developmental Disabilities Support Waiver.
§ 51.5-14.1. Cooperation of Department with other state departments.
The Department of Rehabilitative Services shall collaborate with the Department of Mental Health, Mental Retardation and Substance Abuse Services in activities related to licensing providers of (i) services under the Individual and Families Developmental Disabilities Support Waiver, (ii) services under the Brain Injury Waiver, and (iii) residential services for individuals with brain injuries as defined in § 37.1-179. These activities include involving advocacy and consumer groups who represent persons with developmental disabilities or brain injuries in the regulatory process; training the Department of Mental Health, Mental Retardation and Substance Abuse Services, local human rights committees and the State Human Rights Committee on the unique needs and preferences of individuals with developmental disabilities or brain injuries; assisting in the development of regulatory requirements for such providers; and providing technical assistance in the regulatory process and in performing annual inspections and complaint investigations.
2. That the State Board of Mental Health, Mental Retardation and Substance Abuse Services shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment.