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2011 SESSION
11103035DBe it enacted by the General Assembly of Virginia:
1. That § 37.2-316 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-316. System restructuring; state and community consensus and planning team required.
A. For the purpose of considering any restructuring of the
system of mental health services or services for
persons with mental retardation involving an existing state
hospital or training center, the
Commissioner shall establish a state and community consensus and planning team
consisting of Department staff and representatives of the localities served by
the state hospital or training center,
including local government officials, consumers, family members of consumers,
advocates, state hospital or training center employees,
community services boards, behavioral health authorities, public and private
service providers, licensed hospitals, local health department staff, local
social services department staff, sheriffs' office staff, area agencies on
aging, and other interested persons. In addition, the members of the House of
Delegates and the Senate representing the localities served by the affected
state hospital or training center
may serve on the state and community consensus and planning team for that state
hospital or training center. Each state
and community consensus and planning team, in collaboration with the
Commissioner, shall develop a plan that addresses (i) the types, amounts, and
locations of new and expanded community services that would be needed to
successfully implement the closure or conversion of the state hospital or training center to any use
other than the provision of mental health services or
services for persons with mental retardation, including a
six-year projection of the need for inpatient psychiatric beds and related
community mental health services or residential
or community-based services for persons with mental retardation;
(ii) the development of a detailed implementation plan designed to build
community mental health infrastructure
for current and future mental health or
mental retardation service capacity needs; (iii) the
creation of new and enhanced community services prior to the closure of the
state hospital or training center or
its conversion of the state hospital or training center to
any use other than the provision of mental health services or
services for persons with mental retardation;
(iv) the transition of state hospital consumers or
training center residents to community services in the
locality of their residence prior to admission or the locality of their choice
after discharge; (v) the resolution of issues relating to the restructuring
implementation process, including employment issues involving state hospital or training center employee
transition planning and appropriate transitional benefits; and (vi) a six-year
projection comparing the cost of the current structure and the proposed
structure.
B. The Commissioner shall ensure that each plan includes the following components:
1. A plan for community education;
2. A plan for the implementation of required community services, including state-of-the-art practice models and any models required to meet the unique characteristics of the area to be served, which may include models for rural areas;
3. A plan for assuring the availability of adequate staff in the affected communities, including specific strategies for transferring qualified state hospital or training center employees to community services;
4. A plan for assuring the development, funding, and implementation of individualized discharge plans pursuant to § 37.2-505 for individuals discharged as a result of the closure or conversion of the state hospital or training center to any use other than the provision of mental health services or services for persons with mental retardation; and
5. A provision for suspending implementation of the plan if
the total general funds appropriated to the Department for state hospital and,
training center, or community services decrease in any year
of plan implementation by more than 10 percent from the year in which the plan was
approved by the General Assembly.
C. At least nine months prior to any proposed state hospital or training center closure or conversion of the state hospital or training center to any use other than the provision of mental health services or services for persons with mental illness, the state and community consensus and planning team shall submit a plan to the Joint Commission on Health Care and the Governor for review and recommendation.
D. The Joint Commission on Health Care shall make a recommendation to the General Assembly on the plan no later than six months prior to the date of the proposed closure of the state hospital or training center or conversion of the state hospital or training center to any use other than the provision of mental health services or services for persons with mental retardation.
E. Upon approval of the plan by the General Assembly and the Governor, the Commissioner shall ensure that the plan components required by subsection B are in place and may thereafter perform all tasks necessary to implement the closure of the state hospital or training center or conversion of the state hospital or training center to any use other than the provision of mental health services or services for persons with mental retardation.
F. Any funds saved by the closure of the state hospital or training center or conversion of the state hospital or training center to any use other than the provision of mental health services or services for persons with mental retardation and not allocated to individualized services plans for consumers or residents being transferred or discharged as a result of the closure of the state hospital or training center or conversion of the state hospital or training center to any use other than the provision of mental health services or services for persons with mental retardation shall be invested in the Behavioral Health and Developmental Services Trust Fund established in Article 4 (§ 37.2-317 et seq.) of this chapter.
G. Nothing in this section shall prevent the Commissioner from leasing unused, vacant space to any public or private organization.