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Developed and maintained by the Division of Legislative Automated Systems.
1998 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 37.1-98, 37.1-194 through 37.1-199, 37.1-202.1, 37.1-242, 37.1-243, 37.1-245 through 37.1-248, and 37.1-250 through 37.1-253 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 2 of Chapter 1 of Title 37.1 a section numbered 37.1-48.1 and by adding sections numbered 37.1-194.1 and 37.1-248.1 as follows:
§ 37.1-48.1. Comprehensive State Plan for mental health, mental retardation and substance abuse services.
The Department, in consultation with community services boards, behavioral health authorities and state mental health and mental retardation facilities and with consumers, consumers' families, advocacy organizations, and other interested parties, shall develop and update biennially a six-year Comprehensive State Plan for mental health, mental retardation and substance abuse services. The Comprehensive State Plan shall identify the needs of and the resource requirements for providing services and supports to persons with mental illness, mental retardation or alcohol or other drug abuse problems or dependence across the Commonwealth and shall propose strategies to address these needs. The Comprehensive State Plan shall be used in the development of the Department's biennial budget submission to the Governor.
§ 37.1-98. Discharge, conditional release, and convalescent status of patients.
A. The director of a state hospital may discharge any patient after the
preparation of a predischarge plan formulated in cooperation
accordance with the provisions of § 37.1-197.1 by
the community services board which serves the political subdivision where
the patient resided prior to hospitalization or with the board located within
the political subdivision the patient chooses to reside in immediately
following the discharge, except one held upon an order of a court or judge for
a criminal proceeding, as follows:
1. Any patient who, in his judgment, is recovered.
2. Any patient who, in his opinion, is not mentally ill.
3. Any patient who is impaired or not recovered and whose discharge, in the judgment of the director, will not be detrimental to the public welfare, or injurious to the patient.
4. Any patient who is not a proper case for treatment within the purview of this chapter.
The predischarge plan required by this paragraph shall, at a minimum, (i)
specify the services required by the released patient in the community to meet
the individual's needs for treatment, housing, nutrition, physical care and
safety; (ii) specify any income subsidies for which the individual is eligible;
(iii) identify all local and state agencies which will be involved in providing
treatment and support to the individual; and (iv) specify services which would
be appropriate for the individual's treatment and support in the community but
which are currently unavailable. For all individuals discharged on or
after January 1, 1987, the predischarge plan shall be contained in a uniform
discharge document developed by the Department and used by all state hospitals.
If the individual will be housed in an adult care residence, as defined in
§ 63.1-172, the plan shall so state.
B. The director may grant convalescent status to a patient in accordance with rules prescribed by the Board. The state hospital granting a convalescent status to a patient shall not be liable for his expenses during such period. Such liability shall devolve upon the relative, committee, person to whose care the patient is entrusted while on convalescent status, or the appropriate local public welfare agency of the county or city of which the patient was a resident at the time of admission. The provision of social services to the patient shall be the responsibility of the appropriate local public welfare agency as determined by policy approved by the State Board of Social Services.
C. Any patient who is discharged pursuant to subdivision A 4 hereof shall, if necessary for his welfare, be received and cared for by the appropriate local public welfare agency. The provision of social services to the patient shall be the responsibility of the appropriate local public welfare agency as determined by policy approved by the State Board of Social Services. Expenses incurred by the provision of public assistance to the patient, who is receiving twenty-four-hour care while in an adult care residence licensed pursuant to Chapter 9 (§ 63.1-172 et seq.) of Title 63.1, shall be the responsibility of the appropriate local public welfare agency of the county or city of which the patient was a resident at the time of admission.
§ 37.1-194. Purpose; services to be provided.
The Department, for the purposes of establishing, maintaining, and promoting
the development of mental health, mental retardation and substance abuse
services in the Commonwealth, may make matching grants provide
funds to assist any city or county having a population of
approximately 50,000 or more or any city having a population of approximately
75,000 or more, or any combination of political subdivisions having
a combined population of approximately 50,000 or more, or any city or county or
combination thereof which has less than the above prescribed populations which
the Department determines is in need of such services, in the
establishment and operation of local mental health, mental retardation and
substance abuse programs provision of such services. Every
county and or city shall establish, either singly or
in combination with another political subdivision, a or combination
of cities or counties or counties and cities shall establish a community
services board. Every county or city or combination of cities or counties or
cities and counties that has established a community services board shall, in
consultation with its community services board, designate its board as an
operating community services board, an administrative policy
community services board or a local government department with a
policy-advisory community services board on or before July 1,
1983. The governing body or bodies of the political subdivision or
subdivisions that established the community services board may change this
designation at any time by ordinance. In the case of a community services
board established by more than one political subdivision, the decision to
change this designation shall be unanimous.
The core of program services to be provided by operating
community services boards, administrative policy
community services boards or local government departments with policy-advisory
community services boards within the political subdivisions that
they serve shall include emergency services, and case management
services subject to such funds as may be appropriated therefor, and may
include a comprehensive system of inpatient services,
outpatient, and day-support services,
residential services, prevention and, early
intervention services, and other appropriate mental health, mental
retardation and substance abuse programs services
necessary to provide a comprehensive system of
individualized services and supports to persons with
mental illnesses, mental retardation, or alcohol or other drug abuse problems
or dependence.
§ 37.1-194.1. Definitions.
As used in this title, unless a different meaning clearly appears from the context:
"Administrative policy community services board" or "administrative policy board" means the public body organized in accordance with the provisions of this chapter that is appointed by and accountable to the local governing body of each political subdivision that established it to set policy for and administer the provision of mental health, mental retardation and substance abuse services. The "administrative policy community services board" or "administrative policy board" denotes the board, the members of which are appointed pursuant to § 37.1-195 with the powers and duties enumerated in §§ 37.1-197 B and 37.1-197.1. Mental health, mental retardation and substance abuse services are provided through local government staff, or through contracts with other organizations and providers.
"Operating community services board" or "operating board" means the public body organized in accordance with the provisions of this chapter that is appointed by and accountable to the local governing body of each political subdivision that established it for the direct provision of mental health, mental retardation and substance abuse services. The "operating community services board" or "operating board" denotes the board, the members of which are appointed pursuant § 37.1-195 with the powers and duties enumerated in §§ 37.1-197 A and 37.1-197.1. "Operating community services board" or "operating board" also includes the organization that provides such services, through its own staff or through contracts with other providers, unless the specific context indicates otherwise.
"Performance contract" means the annual agreement negotiated by an operating community services board, an administrative policy community services board, or a local government department and its policy-advisory community services board with the Department through which it provides state and federal funds appropriated for mental health, mental retardation and substance abuse services to that operating community services board, administrative policy community services board or local government department with a policy-advisory community services board.
"Policy-advisory community services board" or "policy-advisory board"
means the public body organized in accordance with the provisions of this
chapter that is appointed by and accountable to the local governing body of
each political subdivision that established it to provide advice on policy
matters to the local government department that provides mental health, mental
retardation and substance abuse services pursuant to
§§ 37.1-197 A and 37.1-197.1. The
"policy-advisory community services board" or "policy-advisory board" denotes
the board, the members of which are appointed pursuant to § 37.1-195 with
the powers and duties enumerated in § 37.1-197 C.
§ 37.1-195. Community services board; appointment; membership; duties of fiscal agent.
A. Every city, county or combination of counties or cities or
counties and cities establishing a community mental health, mental
retardation and substance abuse services program, before it shall come
within the provisions of this act chapter, shall
establish a single community services board, with neither less than five
six nor more than eighteen members. When any city or county
singly establishes a program community services board,
the board shall be appointed by the governing body of the local political
subdivision establishing such a program the board. When
any combination of counties or cities or counties and cities establishes a
community services program board, the board of
supervisors of each county in the case of counties or the council
in the case of cities each city shall
establish mutually agree on the size of the board,
shall elect and appoint the members of the community services
board and shall designate an official of one member city or county
to act as fiscal agent for the board.
Appointments to the community services board shall be broadly representative of
the community and shall include representation by.
One-third of the appointments to the board shall be
identified consumers or family members of consumers, at least one of
whom shall be a consumer receiving services. One or more members may
be nongovernmental service providers. Sheriffs or their designees shall
also be included, when practical.
The county or city which comprises a single board and the county or city
whose designated official serves as fiscal agent for the board in the case of
joint boards shall annually audit the total revenues of the board and its
programs and shall, in conjunction with the other participating political
subdivisions in the case of joint boards, arrange for the provision of legal
services to the board.
No such board shall be composed of a majority of elected local
government officials, elected or appointed, as members, nor
shall any county or city be represented on such board by more than one
two elected official or appointed
officials.
The board appointed pursuant to this section shall be responsible to the
governing body or bodies of the county or city or combination thereof
which that established such board.
B. A city council or county board of supervisors may designate its community services board as (i) an operating board, (ii) an administrative policy board, or (iii) a policy-advisory board. A combination of cities or counties or cities and counties may establish a joint community services board either as (i) an operating board, (ii) an administrative policy board, or (iii) a policy-advisory board.
C. The county or city or combination of cities or counties, or cities and counties that establishes an operating board shall receive an independent annual audit of the total revenues, expenditures, and data of that operating board, and shall provide a copy of the audit to the Department. The county or city or combination of cities or counties or cities and counties that establishes an operating board shall designate an official of one member city or county to act as fiscal agent for the board. The county or city whose designated official serves as fiscal agent for the board in the case of joint boards shall review and act upon the independent audit of the board, and shall, in conjunction with the other participating political subdivisions, arrange for the provision of legal services to the board.
D. The county or city or combination of cities or counties, or cities and counties that establishes an administrative policy board shall receive an independent annual audit of the total revenues, expenditures, and data of the administrative policy board, provide a copy of the audit to the Department, and arrange for the provision of legal services to the board. When a combination of cities or counties establishes an administrative policy board, the participating subdivisions shall designate an official of one member city or county to act as fiscal agent for the board. The county or city whose designated official serves as fiscal agent for the board in the case of joint boards shall review and act upon the independent audit of the board, and shall, in conjunction with the other participating political subdivisions in the case of joint boards, arrange for the provision of legal services to the board.
E. The county or city or combination of cities or counties, or cities and counties that establishes a policy-advisory board shall provide an annual audit of the total revenues, expenditures, and data of the city or county government department to the board and the Department, carry out the responsibilities and duties enumerated in §§ 37.1-197 A and 37.1-197.1, and provide legal services to the board. When a combination of cities or counties or cities and counties establishes a policy-advisory board, the participating subdivisions shall designate which local government shall operate the city or county government department. This local government shall provide an annual audit of the total revenues, expenditures, and data of that department to the board and the Department, carry out the responsibilities and duties enumerated in §§ 37.1-197 A and 37.1-197.1, and, in conjunction with the other participating political subdivisions in the case of joint boards, arrange for the provision of legal services to the board.
§ 37.1-196. Same; term; vacancies; removal.
The term of office of each member of the operating community
services boards, the administrative policy boards, or policy-advisory
boards shall be for three years from the first day of January
1 of the year of appointment, or, at the option of the governing
body of a county or city, from the first day of July 1 of
the year of appointment, except that of the members first appointed, several
shall be appointed for terms of one year each, several for terms of two years
each, and the remaining members of the board for terms of three years each. The
selection of members for one-year, two-year, and
three-year terms shall be as nearly equal as possible with regard to the total
number of members on the board. If a governing body has appointed members for
terms commencing January one 1 or July one
1 but desires to change the date the terms of office commence, the
governing body may, as the terms of the members then in office expire, appoint
successors for terms of two and one-half or three and one-half years so as to
expire on June thirty 30 or December
thirty-one 31. Vacancies shall be filled for unexpired
terms in the same manner as original appointments. No person shall be eligible
to serve more than two successive three full three-year
terms; provided that however, persons heretofore or
hereafter appointed to fill vacancies may serve two three
additional successive full three-year terms. Any
member of a board may be removed by the appointing authority for cause, after
being given a written statement of the causes and an opportunity to be heard
thereon.
§ 37.1-196.1. Compensation of board members.
The governing body of any county or city, or the governing bodies of any
combination thereof, which establishes a an operating
community services board, an administrative policy board, or a
policy-advisory board may, out of the general fund or funds of the
participating political subdivisions, pay to each member of the board not in
excess of $600 per year as compensation for his attendance at meetings of the
board. No political subdivision shall be reimbursed out of either state or
federal funds for any part of the compensation paid.
§ 37.1-197. Community services boards; local government department; powers and duties.
A. Every operating community services board or local government department with a policy-advisory board shall have the following powers and duties:
1. Review and evaluate all existing and proposed public community mental
health, mental retardation and substance abuse services and facilities
available to serve the community and such private services and facilities as
receive funds through the board it and advise the
appropriate local governments governing body or
bodies of the political subdivision or subdivisions that established it
as to its findings.
2. Pursuant to § 37.1-198, submit to the governing body or
bodies of each political subdivision, of which that
established it is an agency, a program of an annual
performance contract for community mental health, mental retardation and
substance abuse services and facilities for its approval prior
to submission of the contract to the Department.
3. Within amounts appropriated therefor, execute such programs and
maintain provide such services as may be authorized under
such appropriations performance contract.
4. In accordance with its approved program performance
contract, enter into contracts with other providers for
the rendition or operation of services or facilities.
5. In the case of operating boards, make rules, policies, or regulations concerning the rendition or operation of services and facilities under its direction or supervision, subject to applicable standards, policies, or regulations promulgated by the State Board.
6. In the case of operating boards, appoint a coordinator or
an executive director of community mental health, mental
retardation and substance abuse services, according to minimum qualifications
as may be established by the Department, and prescribe his duties.
The compensation of such coordinator or the executive
director shall be fixed by the operating board within the amounts
made available by appropriation therefor. The executive director shall
serve at the pleasure of the operating board and be employed under an annually
renewable contract that contains performance objectives and evaluation
criteria. For operating boards, the Department shall approve (i) the selection
of the executive director for adherence to minimum qualifications established
by the Department and (ii) the salary ranges of the executive director and
senior management staff. In the case of a local government department with a
policy-advisory board, the director of the local government department shall
serve as the executive director. The policy-advisory board shall participate in
the selection and the annual performance evaluation of the executive director,
according to minimum qualifications established by the Department. The
compensation of the executive director shall be fixed by local government in
consultation with the policy-advisory board within the amounts made available
by appropriation therefor.
7. Prescribe a reasonable schedule of fees for services provided by personnel
or facilities under the jurisdiction or supervision of the board and
establish procedures for the collection of the same. All fees
collected shall be included in the program performance contract
submitted to the local governing body or bodies pursuant to subdivision 2
hereof and in the budget submitted to the local governing body or bodies
pursuant to § 37.1-198 and shall be used only for community mental
health, mental retardation and substance abuse purposes. Every operating
board and local government department with a policy-advisory board
shall institute a reimbursement system to maximize the collection of fees
from persons receiving services under the their
jurisdiction or supervision of the board consistent with the
provisions of § 37.1-202.1 and from responsible third-party payors.
Operating boards and local government departments with
policy-advisory boards shall not attempt to bill or collect fees for time
spent participating in involuntary commitment hearings pursuant to §
37.1-67.3.
8. Accept or refuse gifts, donations, bequests or grants of money or property
from any source and utilize the same as authorized by the governing body or
bodies of the political subdivision or subdivisions of which
that established it is an agency.
9. Seek and accept funds through federal grants. In accepting such grants the
operating board or local government department with a
policy-advisory board shall not bind the governing body or bodies of the
political subdivision or subdivisions of which that established
it is an agency to any expenditures or conditions of
acceptance without the prior approval of such governing body or bodies.
10. Have authority, notwithstanding any provision of law to the contrary, to
disburse funds appropriated to it in accordance with such regulations as may be
established by the governing body or bodies of the political
subdivision of which the board is an agency or, in the case of a joint
board, as may be established by agreement or
subdivisions that established it.
11. Apply for and accept loans as authorized by the governing body or bodies of
the political subdivision or subdivisions of which that
established it is an agency. This provision is not intended to
affect the validity of loans so authorized and accepted prior to July 1, 1984.
12. Develop joint annual written agreements, consistent with policies and
procedures established by the State Board, with local school divisions; health
departments; boards of social services; housing agencies, where they exist;
courts; sheriffs; area agencies on aging and regional Department of
Rehabilitative Services offices. The agreements shall specify what services
will be provided to clients consumers. All participating
agencies shall develop and implement the agreements and shall review the
agreements annually.
13. Develop and submit to the Department the necessary information for the preparation of the Comprehensive State Plan for mental health, mental retardation and substance abuse services pursuant to § 37.1-48.1.
14. Take all necessary and appropriate actions to maximize the involvement and participation of consumers and family members of consumers in policy formulation and services planning, delivery, and evaluation.
15. Institute, singly or in combination with other operating boards, administrative policy boards, local government departments with policy-advisory boards, or behavioral health authorities a dispute resolution mechanism that is approved by the Department and enables consumers and family members of consumers to resolve concerns, issues, or disagreements about services without adversely affecting their access to or receipt of appropriate types and amounts of current or future services from the operating board or local government department with a policy-advisory board.
16. Notwithstanding the provisions of § 37.1-84.1 or any regulations promulgated thereunder, release data and information about individual consumers to the Department so long as the Department implements procedures to protect the confidentiality of such information.
B. Every administrative policy community services board shall:
1. Review and evaluate all existing and proposed public community mental health, mental retardation and substance abuse services and facilities available to serve the community and such private services and facilities as receive funds through it and advise the local governing body or bodies of the political subdivision or subdivisions that established it as to its findings.
2. Pursuant to § 37.1-198, submit to the governing body of each political subdivision that established it, an annual performance contract for community mental health, mental retardation and substance abuse services for its approval prior to submission of the contract to the Department.
3. Within amounts appropriated therefor, provide such services as may be authorized under such performance contract.
4. In accordance with its approved performance contract, enter into contracts with other providers for the rendition or operation of services or facilities.
5. Make rules, policies, or regulations concerning the rendition or operation of services and facilities under its direction or supervision, subject to applicable standards, policies or regulations promulgated by the State Board.
6. Participate with local government in the appointment and annual performance evaluation of an executive director of community mental health, mental retardation and substance abuse services, according to minimum qualifications established by the Department, and prescribe his duties. The compensation of the executive director shall be fixed by local government in consultation with the board within the amounts made available by appropriation therefor.
7. Prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of the board and establish procedures for the collection of the same. All fees collected shall be included in the performance contract submitted to the local governing body or bodies pursuant to subdivision 2 of this subsection and § 37.1-198 and shall be used only for community mental health, mental retardation and substance abuse purposes. Every administrative policy board shall institute a reimbursement system to maximize the collection of fees from persons receiving services under their jurisdiction or supervision consistent with the provisions of § 37.1-202.1 and from responsible third-party payors. Administrative policy boards shall not attempt to bill or collect fees for time spent participating in involuntary commitment hearings pursuant to § 37.1-67.3.
8. Accept or refuse gifts, donations, bequests or grants of money or property from any source and utilize the same as authorized by the governing body or bodies of the political subdivision or subdivisions that established it.
9. Seek and accept funds through federal grants. In accepting such grants, the administrative policy community services boards shall not bind the governing body or bodies of the political subdivision or subdivisions that established it to any expenditures or conditions of acceptance without the prior approval of such governing body or bodies.
10. Have authority, notwithstanding any provision of law to the contrary, to disburse funds appropriated to it in accordance with such regulations as may be established by the governing body or bodies of the political subdivision or subdivisions that established it.
11. Apply for and accept loans as authorized by the governing body or bodies of the political subdivision or subdivisions that established it.
12. Develop joint annual written agreements, consistent with policies and procedures established by the State Board, with local school divisions; health departments; boards of social services; housing agencies, where they exist; courts; sheriffs; area agencies on aging; and regional Department of Rehabilitative Services offices. The agreements shall specify what services will be provided to consumers. All participating agencies shall develop and implement the agreements and shall review the agreements annually.
13. Develop and submit to the local governing body of each political subdivision that established it and to the Department the necessary information for the preparation of the Comprehensive State Plan for mental health, mental retardation and substance abuse services pursuant to § 37.1-48.1.
14. Take all necessary and appropriate actions to maximize the involvement and participation of consumers and family members of consumers in policy formulation and services planning, delivery, and evaluation.
15. Institute, singly or in combination with other operating community services boards, administrative policy boards, local government departments with policy-advisory boards, or behavioral health authorities, a dispute resolution mechanism that is approved by the Department and enables consumers and family members of consumers to resolve concerns, issues, or disagreements about services without adversely affecting their access to or receipt of appropriate types and amounts of current or future services from the administrative policy board.
16. Notwithstanding the provisions of § 37.1-84.1 or any regulations promulgated thereunder, release data and information about individual consumers to the Department so long as the Department implements procedures to protect the confidentiality of such information.
17. Carry out other duties and responsibilities as assigned by the governing body of each political subdivision that established it.
By local agreement between the administrative policy board and the governing body of the political subdivision that established it, additional responsibilities may be carried out by the local government, including, but not limited to, personnel or financial management. In the case of administrative policy boards established by more than one city or county, the participating subdivisions shall designate which local government shall assume these responsibilities.
C. Every policy-advisory community services board, with staff support provided by the director of the local government department, shall:
1. Advise the local government regarding rules, policies, or regulations for the rendition or operation of services and facilities by the local government department, subject to applicable standards, policies, or regulations promulgated by the State Board.
2. Review and evaluate the operations of the local government department and advise the local governing body of each political subdivision that established it as to its findings.
3. Review the community mental health, mental retardation and substance abuse services developed by the local government department and advise the local governing body of each political subdivision that established it as to its findings.
4. Review and comment on the annual performance contract, quarterly and annual performance reports, and Comprehensive State Plan proposals developed by the local government department. The board's comments shall be attached to the performance contract, performance reports, and Comprehensive State Plan proposals prior to their submission to the local governing body of each political subdivision that established it and to the Department.
5. Advise the local government as to the necessary and appropriate actions to maximize the involvement and participation of consumers and family members of consumers in policy formulation and services evaluation.
6. Participate in the selection and the annual performance evaluation of the local government department director employed by the city or county.
7. Carry out other duties and responsibilities as assigned by the governing body of each political subdivision that established it.
§ 37.1-197.1. Prescription team; prescreening; predischarge planning.
A. In order to provide comprehensive mental health, mental retardation and substance abuse services within a continuum of care, the operating community services board, administrative policy board or local government department with a policy-advisory board shall function as the single point of entry into the publicly funded mental health, mental retardation and substance abuse services system and shall fulfill the following responsibilities:
1. Establish and coordinate the operation of a prescription team which
that shall be composed of representatives from the
operating community services board, administrative policy board
or local government department with a policy-advisory board, social
services or public welfare department, health department, Department of
Rehabilitative Services office serving in the community services
board's area and, as appropriate, the social services staff of the state
institution(s) serving the community services board's catchment area
and the local school division. Such other human resources agency personnel may
serve on the team as the team deems necessary. The team, under the direction of
the operating community services board, administrative policy
board or the local government department with a policy-advisory board,
shall be responsible for integrating the community services necessary to
accomplish effective prescreening and predischarge planning for clients
consumers referred to the operating community
services board, administrative policy community services board, or local
government department with a policy-advisory board. When prescreening
reports are required by the court on an emergency basis pursuant to §
37.1-67.3, the team may designate one team member to develop the report for the
court and report thereafter to the team.
2. Provide prescreening services prior to the admission for treatment pursuant to § 37.1-65 or § 37.1-67.3 of any person who requires emergency mental health services while in a political subdivision served by the operating community services board, administrative policy board or local government department with a policy-advisory board.
3. Cooperate and participate Provide, in
consultation with the appropriate state mental health facility or training
center, predischarge planning for any person, who prior to
hospitalization admission, resided in a political
subdivision served by the operating community services board,
administrative policy board, or local government department with a
policy-advisory board or who chooses to reside after hospitalization in a
political subdivision served by the board, who is to be released from a state
hospital mental health facility or training center
pursuant to § 37.1-98. The predischarge plan shall be
completed prior to the person's discharge. The plan shall be prepared with the
involvement and participation of the consumer or his representative and must
reflect the consumer's preferences to the greatest extent possible. The plan
shall include the mental health, mental retardation, substance abuse, social,
educational, medical, employment, housing, legal, advocacy, transportation, and
other services that the consumer will need upon discharge into the community
and identify the public or private agencies that have agreed to provide
them.
4. No person shall be discharged from a state mental health facility or training center without completion by the operating board, administrative policy board, or local government department with a policy-advisory board of the predischarge plan described in subdivision 3 of this subsection. If state facility staff identify a patient or resident as ready for discharge and the operating board, administrative policy board, or local government department with a policy-advisory board that is responsible for the person's care disagrees, the operating board, administrative policy board or local government department with a policy-advisory board shall document in the treatment plan within thirty days of such person's identification any reasons for not accepting the person for discharge. If the state facility disagrees with the operating board, administrative policy board, or local government department with a policy-advisory board and the operating board, administrative policy board, or local government department with a policy-advisory board refuses to develop a predischarge plan to accept the person back into the community, the state facility or the operating board, administrative policy board, or local government department with a policy-advisory board shall request the Commissioner to review the state facility's determination that the person is ready for discharge in accordance with procedures established in the performance contract. If the Commissioner determines that the person is ready for discharge, a predischarge plan shall be developed by the Department to ensure the availability of adequate services for the consumer and the protection of the community. The Commissioner shall also verify that sufficient state-controlled funds have been allocated to the operating board, administrative policy board, or local government department with a policy-advisory board through the performance contract. If sufficient state-controlled funds have been allocated, the Commissioner may contract with a private provider or another operating board, administrative policy board, or local government department with a policy-advisory board to deliver the services specified in the predischarge plan and withhold funds allocated applicable to that consumer's predischarge plan from the operating board, administrative policy board, or local government department with a policy-advisory board in accordance with § 37.1-198 C and E.
B. The operating community services board, administrative
policy board, or local government department with a policy-advisory board
may perform the functions set out in subsection A hereof
subdivision A 1, regarding the prescription team, in the case
of children by referring clients consumers who are minors
to the locality's family assessment and planning team and by
cooperating with the community policy and management team in the
coordination of services for troubled youths and their families. The
operating board, administrative policy board, or local government department
with a policy-advisory board may involve the family assessment and planning
team and the community policy and management team, but it remains responsible
for performing the functions set out in subdivisions A 2 and A 3 in the case of
children.
§ 37.1-197.2. Background checks required.
A. Every operating community services board, administrative
policy board, local government department with a policy-advisory board
and behavioral health authority shall, on and after July 1, 1997, require any
applicant who accepts employment in any direct client consumer
care position with the operating community services
board, administrative policy board, local government department with a
policy-advisory board or behavioral health authority to submit to
fingerprinting and provide personal descriptive information to be forwarded
through the Central Criminal Records Exchange to the Federal Bureau of
Investigation (FBI) for the purpose of obtaining national criminal history
record information regarding such applicant.
The Central Criminal Records Exchange, upon receipt of an individual's record or notification that no record exists, shall submit a report to the requesting executive director of the operating community services board, administrative policy board, local government department with a policy-advisory board or the behavioral health authority. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon request, furnish the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation. The information provided to the executive director of any operating community services board, administrative policy board, local government department with a policy-advisory board or behavioral health authority shall not be disseminated except as provided in this section.
B. The Operating community services boards,
administrative policy boards, local government departments with policy-advisory
boards and behavioral health authorities shall also require, as a
condition of employment for all such applicants, written consent and personal
information necessary to obtain a search of the registry of founded complaints
of child abuse and neglect maintained by the Department of Social Services
pursuant to § 63.1-248.8.
C. The cost of obtaining the criminal history record and search of the child abuse and neglect registry record shall be borne by the applicant, unless the operating community services board, administrative policy board, local government department with a policy-advisory board or behavioral health authority, at its option, decides to pay such cost.
D. As used in this section, the term "direct client
consumer care position" means any position with a job description
that includes responsibility for (i) treatment, case management, health,
safety, development or well-being of a client consumer,
or (ii) immediately supervising a person in a position with such
responsibility.
§ 37.1-198. Performance contract for mental health, mental retardation and substance abuse services.
A. The Department shall develop and initiate negotiation of the performance contracts through which it provides funds to operating boards, administrative policy boards or local government departments with policy-advisory boards to accomplish the purposes set forth in this chapter. Six months prior to the beginning of each fiscal year, the Department shall make available to the public the standard performance contract form that it intends to use as the performance contract for that fiscal year, and solicit public comments for a period of sixty days.
B. Any city, county or combination of counties or cities or
counties and cities which establishes a operating community
services board administering a mental health, mental retardation and
substance abuse services program, administrative policy board, or
local government department with a policy-advisory board may apply for
the assistance as provided in this act chapter
by submitting annually to the Department its plan and budget
proposed performance contract for the next fiscal year
together with the (i) recommendations of the operating
community services board thereon or administrative policy
board's board of directors or the local government department's policy-advisory
board and (ii) the approval by formal vote of the governing body of each
political subdivision that established it. The plan and budget shall
include a comprehensive needs assessment of the service area, an inventory of
available services provided by the board and other local agencies and expected
utilization of such services. The operating board, administrative
policy board or local government department with a policy-advisory board shall
make its proposed performance contract available for public review and solicit
public comments for a period of thirty days prior to submitting it for the
recommendations of the operating board or administrative policy board's board
of directors or the local government department's policy-advisory board. To
avoid disruptions in service continuity, the Department may provide up to five
semi-monthly payments of state-controlled funds to allow sufficient time to
complete public review, public comment, negotiation and approval of the
performance contract. If the governing body of each political subdivision does
not approve the proposed performance contract by September 15 of each year, the
performance contract shall be deemed approved.
C. The performance contract shall (i) delineate the responsibilities of the Department and the operating board, administrative policy board or the local government department and its policy-advisory board; (ii) specify conditions that must be met for the receipt of state-controlled funds; (iii) identify the groups of consumers to be served with state-controlled funds; (iv) beginning on July 1, 2000, contain specific consumer outcome, provider performance, consumer satisfaction, and consumer and family member participation and involvement measures, and state facility bed utilization targets that have been negotiated with the operating board, administrative policy board or local government department with a policy-advisory board; (v) establish an enforcement mechanism, including notice and an appeal process, should an operating board, administrative policy board or local government department with a policy-advisory board fail to comply with any provisions of the contract, including provisions for remediation, the withholding of funds, methods of repayment of funds, and for the Department to exercise the provision of subsection E; and (vi) include reporting requirements and revenue, cost, service, and consumer information displayed in a consistent, comparable format determined by the Department.
The Department may provide for performance monitoring by an administrative services organization under contract with the Department in order to determine whether the operating boards, administrative policy boards or local government departments with policy-advisory boards are performing in accordance with the requirements of their respective performance contract.
D. No program operating community services board,
administrative policy community services board or local government department
with a policy-advisory board shall be eligible for a grant hereunder
to receive state-controlled funds for mental health, mental
retardation or substance abuse services after September 15 of each year
unless (i) its plan and budget have
performance contract has been approved by the governing body
or bodies of each political subdivision of which
that established it is an agency and by the
Department; (ii) it provides service, cost, revenue, and aggregate and
individual consumer data and information, notwithstanding the provisions of
§ 37.1-84.1 or any regulations promulgated thereunder, to the Department
in the format prescribed by the Department; and (iii) beginning on July 1,
2000, it uses standardized cost accounting and financial management systems
approved by the Department.
E. If, after unsuccessful use of the remediation process described in the performance contract, an operating board or administrative policy board or local government department with a policy-advisory board remains in substantial noncompliance with its performance contract with the Department, the Department may, after affording the operating board or administrative policy board or local government department with a policy-advisory board an adequate opportunity to use the appeal process described in the performance contract, terminate all or a portion of the contract. Using the state-controlled resources associated with that contract, the Department, after consulting with the governing body of each political subdivision that established the operating board, administrative policy board or local government department with a policy-advisory board, may negotiate a performance contract with another operating board, administrative policy board, or local government department with a policy-advisory board or a private nonprofit or for-profit organization or organizations to obtain services that were the subject of the terminated performance contract.
§ 37.1-199. Mental health, mental retardation and substance abuse services; allocation of funds by Department; withdrawal of funds.
(a) A. At the beginning of each fiscal year the
Department may shall allocate available
state-controlled funds to the operating
community services boards, administrative policy boards, and local
government departments with policy-advisory boards for disbursement in
accordance with such Department approved plans and
budgets performance contracts.
B. From time to time during the fiscal year, the Department shall
review the budgets and expenditures performance reports
of the various programs operating boards, administrative
policy boards and local government departments with policy-advisory boards and
the utilization management and review reports on their operations.
If funds are not needed for a program to which they were allocated, the
Department may withdraw such funds as are unencumbered, after reasonable notice
and opportunity for hearing, and reallocate them to other programs. It
The Department, after affording the operating board, administrative
policy board or local government department with a policy-advisory board
adequate opportunity to use the appeal process described in the performance
contract, may withdraw funds from any operating community
services board program which, administrative policy board or
local government department with a policy-advisory board that is not
being administered in accordance with the its approved
plan and budget of the community services board performance
contract; that does not need the funds, based on its performance reports or
utilization management and review reports; or which that
is not in compliance with the operational standards for
such a program as community services that are promulgated
by the State Board or that do not meet provider performance, consumer
outcome, consumer satisfaction or consumer and family member involvement
measures in its performance contract.
(b) C. The Department shall notify the governing body of each
political subdivision that established the operating board, administrative
policy board or local government department with a policy-advisory board before
implementing any reduction of state-controlled funds. Before any political
subdivision withdraws local government matching funds, it shall notify its
operating board, administrative policy board or local government department
with a policy-advisory board and the Department, since this could affect the
amount of state-controlled funds provided by the Department.
D. Allocations to be made to each local
operating board, administrative policy board, or local government
department with a policy-advisory board shall be determined by the
Department after careful consideration of all of the following factors:
(1). The total amount of funds appropriated
for this purpose,;
(2). The total amount of matching
funds requested appropriated by the local
board, cities and counties participating in the community services
board;
(3). The financial abilities of all of the
cities and counties participating in the local community services
board to provide funds required to generate the requested state
match,;
(4). The type and extent of programs and
services conducted provided or planned by the
local operating community services board, administrative
policy board or local government department with a policy-advisory board;
(5). The availability of services provided by
the local operating board, administrative policy
board or local government department with a policy-advisory board in the
area served by it, and;
(6). The ability of the programs and
services provided by the local operating
board, administrative policy board, or local government department with a
policy-advisory board to decrease financial costs to the Department and
increase the effectiveness of patient treatment or training
by reducing the number of patients consumers being
admitted to or retained in state hospitals mental health
facilities and training centers from the cities or counties participating
in the local community services board; and
7. The performance of the operating board, administrative policy board or local government department with a policy-advisory board, as measured by provider performance, consumer outcome, consumer satisfaction, and consumer and family member involvement standards and criteria promulgated by the State Board.
(c) E. Allocations to any one operating
board, administrative policy board, or local government department with a
policy-advisory board shall not exceed the following proportions,
unless a waiver is granted by the Department pursuant to policy promulgated by
the State Board:
(1). For the construction of facilities:
ninety percent of the total costs of amount of state and local
matching funds provided for such construction.
(2). For salaries and other operational costs:
ninety percent of the total costs amount of state and local
matching funds provided for these expenses.
(3) [Repealed.]
(d) F. All fees collected may shall
be kept by the operating board, administrative policy
board, or local government department with a policy-advisory board and
used for operational costs.
§ 37.1-202.1. Liability for expenses of services.
The income and estate of a client consumer shall be
liable for the expenses of services or facilities under the
jurisdiction or supervision of any operating community services
board which, administrative policy board, or local government
department with a policy-advisory board that are utilized by the
client consumer. Any person or persons responsible for
holding, managing or controlling the income and estate of the patient
consumer shall apply such income and estate toward the
expenses of the services or facilities utilized by the
client consumer.
Any person or persons responsible for the support of a client
consumer pursuant to § 20-61 or a common law duty to
support shall be liable for the expenses of services or facilities
under the jurisdiction or supervision of any operating
community services board which, administrative policy
board, or local government department with a policy-advisory board that
are utilized by the client consumer unless the
client consumer, regardless of age, qualifies for and is
receiving aid under a federal or state program of assistance to the blind or
disabled. Any such person or persons responsible for support of a client
consumer pursuant to § 20-61 or a common-law duty to
support shall no longer be financially liable, however, when a cumulative total
of 1,826 days of (i) care and treatment or training for the client
consumer in a state hospital mental health
facility or training center; or (ii) the utilization by the client
consumer of services or facilities under the
jurisdiction or supervision of any operating community services
board, administrative policy board or local government department with a
policy-advisory board; or (iii) a combination of (i) and (ii) has passed,
and payment for or a written agreement to pay the assessment for 1,826 days of
care and services has been made. Not less than 3 three
hours of service per day shall be required to include 1
one day in the cumulative total of 1,826 days of utilization of
services under the jurisdiction or supervision of a any
operating community services board, administrative policy board, or
local government department with a policy-advisory board. In order to
claim this exemption, the person or persons legally liable for the client
consumer shall produce evidence sufficient to prove
eligibility therefor.
§ 37.1-242. Behavioral health authorities; purpose.
Conditions resulting from evolving health care reform and behavioral health
care delivery system reforms necessitate public instrumentalities to respond,
organize, and effect mental/behavioral health care
coverage and services for citizens of the Commonwealth. In
behavioral health authorities are required so that,
the administration of public funds resides at the same organizational level,
the behavioral health authority, as the responsibility and accountability for
consumers and services. Such a public instrumentality is in the public interest
and hereby authorized consistent with the following legislative provisions.
§ 37.1-243. Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
"Authority" means a behavioral health authority, a public body and a body corporate and politic organized in accordance with the provisions of this chapter for the purposes and with the powers and duties hereinafter set forth.
"Behavioral health" means the full range of mental health care,
mental retardation, developmental disabilities and substance abuse
services, and the full range of treatment modalities
including, but not limited to, which shall include
emergency, prevention, early intervention, outpatient,
and case management services subject to such funds as may be appropriated
therefor, and may include a comprehensive system of inpatient,
outpatient, day support, residential, prevention, early
intervention and other appropriate mental health, mental retardation
and substance abuse services to effect an accessible and integrated
continuum of care necessary to provide individualized services and
supports to persons with mental illnesses, mental retardation, or alcohol or
other drug abuse problems or dependence.
"Behavioral health authority board of directors" means the public body
organized in accordance with provisions of this chapter that is appointed
by and accountable to the local governing bodies body of
the political subdivision that established it.
"Behavioral health project" means all facilities suitable for providing
adequate facilities and care for concentrated centers of population, and
shall also include includes structures, buildings,
improvements, additions, extensions, replacements, appurtenances, lands, rights
in land, franchises, machinery, equipment, furnishings, landscaping,
approaches, roadways and other facilities necessary or desirable in connection
therewith or incidental thereto.
"Member" means the respective a person appointed by the
local governing body's appointee body to the
behavioral health authority board of directors.
"Performance contract" means the annual agreement negotiated by a behavioral health authority with the Department through which it provides state and federal funds appropriated for mental health, mental retardation and substance abuse services to that authority.
"Service area" means the locality participating in and formulating
political subdivision that established the behavioral health
authority.
"State Board" means the Virginia Mental Health, Mental Retardation and Substance Abuse Services Board.
"Unit" means any department, institution or commission of the Commonwealth and
any public corporate instrumentality thereof, and any district, and shall
include includes counties and municipalities.
§ 37.1-245. Board of directors; appointment; membership.
Every locality city or county establishing a behavioral
health authority, before it comes within the provisions of this chapter, shall
establish a board of directors with neither less than five six
nor more than eighteen members. When any such locality
city or county establishes a behavioral health authority, the
board of directors shall be appointed by the governing body of the
locality political subdivision establishing the authority.
Appointments to the board of directors shall be broadly representative of the
community, to include. One-third of the appointments to the
board shall be identified consumers and family members of consumers,
at least one of whom shall be a consumer receiving services. One or more
members may be nongovernmental services providers. Sheriffs or their designees
shall also be included, when practical.
No board of directors shall be composed of a majority of
include more than two local government elected or appointed
officials as members.
The board of directors appointed pursuant to this section shall be responsible
to the governing body of the locality which city or county that
established such authority.
The county or city that establishes a behavioral health authority shall receive an annual audit of the total revenues, expenditures and data from the authority and provide a copy of the audit to the Department.
§ 37.1-246. Board of directors; terms; vacancies; removal.
The term of office of each member of the behavioral health authority board of
directors shall be for three years from January 1 of the year of appointment,
or, at the option of the governing body of the locality city or
county, from July 1 of the year of appointment, except that of the
members first appointed, several shall be appointed for terms of one year each,
several for terms of two years each, and the remaining members for terms of
three years each. The selection of members for one-year, two-year, and
three-year terms shall be as nearly equal as possible with regard to the total
number of members. If the governing body has appointed members for terms
commencing January 1 or July 1 but desires to change the date the terms of
office commence, the governing body may, as the terms of the members then in
office expire, appoint successors for terms of two and one-half or three and
one-half years so that the terms expire on June 30 or December 31. Vacancies
shall be filled for unexpired terms in the same manner as original
appointments. No person shall be eligible to serve more than two
successive three full three-year terms, although persons
appointed to fill vacancies may serve two three
additional successive full three-year terms. Any
member of the board of directors may be removed by the appointing governing
body for cause, after being given a written statement of the causes and an
opportunity to be heard thereon.
§ 37.1-247. Behavioral health authority board of directors officers; meetings.
The members of the behavioral health authority board of directors shall annually elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer for terms to be determined by the members, who may or may not be one of the members. The same person may serve as both secretary and treasurer. The members shall make such rules, regulations, and bylaws for their own government and procedure as they shall determine; they shall meet at least once each month and may hold such special meetings as they deem necessary. Such rules, regulations, and bylaws shall be submitted to the governing body of the political subdivision that established the authority for review and comment.
§ 37.1-248. Behavioral health authorities; powers and duties.
Every authority shall be deemed to be a public instrumentality, exercising
public and essential governmental functions to provide for the public mental
health, welfare, convenience and prosperity of the residents and such other
persons who might be served by the authority and to provide behavioral health
care and related services to such residents and persons. An
authority is authorized to exercise the shall have the
following powers and duties:
1. Review and evaluate all existing and proposed public community mental
health, mental retardation, and substance abuse services and facilities
available to serve the community and such private services and facilities as
receive funds through the authority and advise the locality
governing body of the political subdivision that established it
as to its findings.
2. Pursuant to § 37.1-248.1 and in order to obtain state, local, federal, Medicaid, and other revenues appropriated or reimbursed for the provision of mental health, mental retardation and substance abuse services, submit to the governing body of the political subdivision that established it an annual performance contract for community mental health, mental retardation, and substance abuse services for its approval prior to submission of the contract to the Department.
2. 3. Within amounts allocated by local, state,
federal, Medicaid, and other payers, execute programs and services
appropriated therefor, provide such services as may be authorized
under such performance contract for consumers in need.
3. 4. In accordance with its approved performance
contract, enter into contracts with other providers for the rendition or
operation of services or facilities.
4a. Make and enter into all other contracts or agreements, as the authority may determine, which are necessary or incidental to the performance of its duties and to the execution of powers granted by this chapter, including contracts with any federal agency, the Commonwealth, or with any unit thereof, behavioral health providers, insurers, and managed care/health care networks on such terms and conditions as the authority may approve.
4. 5. Make rules, policies, or regulations
concerning the rendition or operation of services and facilities under its
direction or supervision, subject to applicable standards, policies,
or regulations promulgated by the State Mental Health, Mental Retardation and
Substance Abuse Services Board.
5. 6. Appoint a chief executive officer of the behavioral
health authority, according to minimum qualifications established by the
Department, and prescribe his duties. The compensation of such chief
executive officer shall be fixed by the authority and he within
the amounts made available by appropriation therefor. The chief executive
officer shall serve at the pleasure of the authority
authority's board of directors and be employed under an annually renewable
contract that contains performance objectives and evaluation criteria. The
Department shall approve (i) the selection of the chief executive officer for
adherence to minimum qualifications established by the Department and (ii) the
salary ranges of the chief executive officer and senior management staff.
6. 7. Empower the chief executive officer to
maintain a complement of professional staff to operate the behavioral health
authority's service delivery system.
7. 8. Prescribe a reasonable schedule of fees for
services provided by personnel or facilities under the jurisdiction or
supervision of the authority and establish procedures for the
collection of the same. All fees collected shall be included in the
performance contract submitted to the local governing body pursuant to
subdivision 2 hereof and § 37.1-248.1 and shall be used only for community
mental health, mental retardation and substance abuse purposes. Every
authority shall institute a reimbursement system to maximize the collection of
fees from persons receiving services under the jurisdiction or supervision of
the authority consistent with the provisions of § 37.1-202.1 and from
responsible third-party payers. Authorities shall not attempt to bill or
collect fees for time spent participating in involuntary commitment hearings
pursuant to § 37.1-67.3.
8. 9. Accept loans, or refuse gifts,
donations, bequests, or grants of money or property, or
other assistance from the federal government, the Commonwealth, any
municipality thereof, or from any other sources, public or
private,; utilize the same to carry out any of its
purposes; and enter into any agreement or contract regarding or
relating to the acceptance or use or repayment of any such loan,
grant or assistance.
10. Seek and accept funds through federal grants. In accepting such grants, the authority shall not bind the governing body of the political subdivision that established it to any expenditures or conditions of acceptance without the prior approval of such governing body.
9. 11. Notwithstanding any provision of law to the
contrary, disburse funds allocated to it in accordance with applicable
regulations appropriated to it in accordance with applicable
regulations.
12. Apply for and accept loans in accordance with regulations established by the board of directors.
10. 13. Develop joint annual written agreements,
consistent with policies and procedures established by the State Board, with
local school divisions; health departments; boards of social services; housing
agencies, where they exist; courts; sheriffs; area agencies on aging; and
regional Department of Rehabilitative Services offices. The agreements shall
specify what services will be provided to consumers. All participating agencies
shall develop and implement the agreements and shall review the agreements
annually.
14. Develop and submit to the Department the necessary information for the preparation of the Comprehensive State Plan for mental health, mental retardation and substance abuse services pursuant to § 37.1-48.1.
15. Take all necessary and appropriate actions to maximize the involvement and participation of consumers and family members of consumers in policy formulation and service planning, delivery, and evaluation.
16. Institute, singly or in combination with other operating boards, administrative policy boards, local governments with policy-advisory boards, or behavioral health authorities, a dispute resolution mechanism that is approved by the Department and enables consumers and family members of consumers to resolve concerns, issues, or disagreements about services without adversely affecting their access to or receipt of appropriate types and amounts of current or future services from the authority.
17. Notwithstanding the provisions of § 37.1-84.1 and regulations promulgated thereunder, release data and information about individual consumers to the Department, so long as the Department implements procedures to protect the confidentiality of such information.
11. 18. Fulfill all other duties and be subject to
applicable provisions specified in the Code of Virginia pertaining to
community services boards including, but not limited to: §
37.1-65.1 (judicial certification of eligibility for admission of mentally
retarded persons); §§ 37.1-67.1 through 37.1-67.6 (involuntary
detention); § 37.1-84.1 (human rights); § 37.1-98.2 (exchange of
information; § 37.1-183.1 (licensure); § 37.1-197.1
(prescription team); § 37.1-198 (plans and budgets);
§ 37.1-197.2 (background checks); § 37.1-199 (allocation
of funds by the Department of Mental Health, Mental Retardation, and
Substance Abuse Services); and § 37.1-202.1 (consumer liability for
expenses of services).
12. Fulfill all applicable rules, regulations and standards pertaining to
the rendition of mental health, mental retardation, and substance abuse
services including, but not limited to, confidentiality, human research
assurances, service and facility licensing, and client rights'
protection.
13. As a public instrumentality, ensure compliance with all applicable
organizational and administrative rules, regulations and standards pertaining
to human resources; equal employment; fair labor practices; public procurement;
risk management; and governmental finance and accounting requirements.
14. 19. Make loans and provide other assistance to
corporations, partnerships, associations, joint ventures or other entities in
carrying out any activities authorized by this chapter.
15. 20. Transact its business, locate its offices and
control, directly or through stock or nonstock corporations or other entities,
facilities that will assist the authority in carrying out the purposes and
intent of this chapter, including without limitations the power to own or
operate, directly or indirectly, behavioral health facilities in its service
area.
16. Plan, design, construct, renovate, enlarge, equip, maintain and
operate programs for the purpose of providing behavioral health care and
related services and other appropriate purposes.
17. 21. Acquire property, real or personal, by purchase,
gift, or devise on such terms and conditions, and in such manner as
it may deem proper, and such rights, easements or estates therein as may be
necessary for its purposes, and sell, lease and dispose of the same, or any
portion thereof or interest therein, whenever it shall become expedient to do
so.
18. 22. Participate in joint ventures with individuals,
corporations, partnerships, associations or other entities for providing
behavioral health care or related services or other activities that the
authority may undertake to the extent that such undertakings assist the
authority in carrying out the purposes and intent of this chapter.
19. 23. Conduct or engage in any lawful business,
activity, effort or project, necessary or convenient for the purposes of the
authority or for the exercise of any of its powers.
20. 24. As a public instrumentality, operationalize its
administrative management infrastructure in whole or in part independent of the
local governing body; however, nothing in the chapter precludes behavioral
health authorities from acquiring support services through existing government
entities.
21. 25. Operationalize capital improvements and bonding
through existing economic or industrial development authorities.
22. 26. Establish retirement, group life insurance, and
group accident and sickness insurance plans or systems for its employees in the
same manner as cities, counties and towns are permitted under § 51.1-801.
23. 27. Make an annual report to the State
Virginia Department of Mental Health, Mental Retardation and
Substance Abuse Services Board of the authority's activities.
24. 28. Ensure a continuation of all client
consumer services during any transition period.
§ 37.1-248.1. Performance contract for mental health, mental retardation and substance abuse services.
A. The Department shall develop and initiate negotiation of the performance contracts through which it provides funds to behavioral health authorities to accomplish the purposes set forth in this chapter. Six months prior to the beginning of each fiscal year, the Department shall make available to the public the standard performance contract form that it intends to use as the performance contract for that fiscal year, and solicit public comments for a period of sixty days.
B. Any behavioral health authority may apply for the assistance provided in this chapter by submitting annually to the Department its proposed performance contract for the next fiscal year together with the recommendations of the behavioral health authority's board of directors and the approval by formal vote of the governing body of the political subdivision that established it. The behavioral health authority shall make its proposed performance contract available for public review and solicit public comments for a period of thirty days prior to submitting it for the recommendations of the behavioral health authority's board of directors. To avoid disruptions in service continuity, the Department may provide up to five semi-monthly payments of state-controlled funds to allow sufficient time to complete public review, public comment, negotiation and approval of the performance contract. If the governing body of each political subdivision does not approve the proposed performance contract by September 15 of each year, the performance contract shall be deemed approved.
C. The performance contract shall (i) delineate the responsibilities of the Department and the behavioral health authority; (ii) specify conditions that must be met for the receipt of state-controlled funds; (iii) identify the groups of consumers to be served with state-controlled funds; (iv) beginning on July 1, 2000, contain specific consumer, provider performance, consumer satisfaction and consumer and family member participation and involvement measures, and state facility bed utilization targets that have been negotiated with the behavioral health authority; (v) establish an enforcement mechanism, including notice and an appeal process, should the behavioral health authority fail to comply with any provisions of the contract, including provisions for remediation, the withholding of funds, methods of repayment of funds, and for the Department to exercise the provisions of subsection E hereof; and (vi) include reporting requirements and revenue, cost, service, and consumer information displayed in a consistent, comparable format determined by the Department.
D. No behavioral health authority shall be eligible to receive state-controlled funds for mental health, mental retardation or substance abuse services after September 15 of each year unless (i) its performance contract has been approved by the governing body of the political subdivision that established it and by the Department; (ii) it provides service, cost, revenue, and aggregate and individual consumer data and information, notwithstanding § 37.1-84.1 or any regulations promulgated thereunder, to the Department in the format prescribed by the Department; and (iii) beginning on July 1, 2000, it uses standardized cost accounting and financial management systems approved by the Department.
E. If, after unsuccessful use of the remediation process described in the performance contract, a behavioral health authority remains in substantial noncompliance with its performance contract with the Department, the Department may, after affording the authority an adequate opportunity to use the appeal process described in the performance contract, terminate all or a portion of the contract. Using the state-controlled resources associated with that contract, the Department, after consulting with the governing body of the political subdivision that established the behavioral health authority, may negotiate a performance contract with an operating board, an administrative policy board or a local government department with a policy-advisory board or a private nonprofit or for-profit organization or organizations to obtain services that were the subject of the terminated performance contract.
§ 37.1-250. Transfer of facilities and assets.
The governing body of the locality political subdivision that
established the authority is authorized to transfer to the authority the
operation and maintenance of such suitable facilities as are now or may be
hereafter owned by the locality, city or county on such
terms and conditions which that it may prescribe; but
this section shall not be construed as authorizing the authority to maintain
and operate such facilities until the operation thereof has been transferred by
the governing body of the locality political subdivision that
established it.
§ 37.1-251. Local appropriations.
The locality city or county that established the authority
is authorized to make appropriations and to provide funds for the
operation of the authority and to further its purposes. Such
appropriations for the authority shall be subject to the same requirements for
operating boards, administrative policy boards and local government departments
with policy-advisory boards as set forth in § 37.1-199.
§ 37.1-252. Proceedings for dissolution.
Whenever it appears to the board of directors of a behavioral health authority
that the need for such authority in the locality city or county
in which it was created no longer exists, then, upon petition
by the board of directors of the authority to the circuit court of such
locality city or county after giving to the locality
city or county thirty ninety days'
notice, and upon the production of the satisfactory evidence in
support of such petition, the court may, in its discretion, enter an order
declaring that the need for such authority in the locality city
or county no longer exists and approving a plan for the winding up of the
business of the authority, the payment or assumption of its obligations, and
the transfer of its assets. In order to be approved by the court, the
court must find that this plan describes specifically how the city or county
that established the authority will fulfill the same duties and
responsibilities required for community services boards under §§
37.1-194 through 37.1-202.1, and how the city or county will ensure continuity
of care for consumers who are receiving services from the authority.
§ 37.1-253. When powers and duties cease to exist.
If the court shall enter an order, as provided in § 37.1-252, that the
need for such behavioral health authority no longer exists, then,
except for the winding up of its affairs in accordance with the plan approved
by the court, its such authority's authorities, powers
and duties to transact business or to function shall cease to exist as of that
date set forth in the order of the court.