37.2-316 - System restructuring; state and community consensus and planning team required.
§ 37.2-316. System restructuring; state and community consensus and planningteam required.
A. For the purpose of considering any restructuring of the system of mentalhealth services involving an existing state hospital, the Commissioner shallestablish a state and community consensus and planning team consisting ofDepartment staff and representatives of the localities served by the statehospital, including local government officials, consumers, family members ofconsumers, advocates, state hospital employees, community services boards,behavioral health authorities, public and private service providers, licensedhospitals, local health department staff, local social services departmentstaff, sheriffs' office staff, area agencies on aging, and other interestedpersons. In addition, the members of the House of Delegates and the Senaterepresenting the localities served by the affected state hospital may serveon the state and community consensus and planning team for that statehospital. Each state and community consensus and planning team, incollaboration with the Commissioner, shall develop a plan that addresses (i)the types, amounts, and locations of new and expanded community services thatwould be needed to successfully implement the closure or conversion of thestate hospital to any use other than the provision of mental health services,including a six-year projection of the need for inpatient psychiatric bedsand related community mental health services; (ii) the development of adetailed implementation plan designed to build community mental healthinfrastructure for current and future capacity needs; (iii) the creation ofnew and enhanced community services prior to the closure of the statehospital or its conversion to any use other than the provision of mentalhealth services; (iv) the transition of state hospital consumers to communityservices in the locality of their residence prior to admission or thelocality of their choice after discharge; (v) the resolution of issuesrelating to the restructuring implementation process, including employmentissues involving state hospital employee transition planning and appropriatetransitional benefits; and (vi) a six-year projection comparing the cost ofthe current structure and the proposed structure.
B. The Commissioner shall ensure that each plan includes the followingcomponents:
1. A plan for community education;
2. A plan for the implementation of required community services, includingstate-of-the-art practice models and any models required to meet the uniquecharacteristics of the area to be served, which may include models for ruralareas;
3. A plan for assuring the availability of adequate staff in the affectedcommunities, including specific strategies for transferring qualified statehospital employees to community services;
4. A plan for assuring the development, funding, and implementation ofindividualized discharge plans pursuant to § 37.2-505 for individualsdischarged as a result of the closure or conversion of the state hospital toany use other than the provision of mental health services; and
5. A provision for suspending implementation of the plan if the total generalfunds appropriated to the Department for state hospital and communityservices decrease in any year of plan implementation by more than 10 percentfrom the year in which the plan was approved by the General Assembly.
C. At least nine months prior to any proposed state hospital closure orconversion of the state hospital to any use other than the provision ofmental health services, the state and community consensus and planning teamshall submit a plan to the Joint Commission on Health Care and the Governorfor review and recommendation.
D. The Joint Commission on Health Care shall make a recommendation to theGeneral Assembly on the plan no later than six months prior to the date ofthe proposed closure or conversion of the state hospital to any use otherthan the provision of mental health services.
E. Upon approval of the plan by the General Assembly and the Governor, theCommissioner shall ensure that the plan components required by subsection Bare in place and may thereafter perform all tasks necessary to implement theclosure or conversion of the state hospital to any use other than theprovision of mental health services.
F. Any funds saved by the closure or conversion of the state hospital to anyuse other than the provision of mental health services and not allocated toindividualized services plans for consumers being transferred or dischargedas a result of the closure or conversion of the state hospital to any useother than the provision of mental health services shall be invested in theBehavioral Health and Developmental Services Trust Fund established inArticle 4 (§ 37.2-317 et seq.) of this chapter.
G. Nothing in this section shall prevent the Commissioner from leasingunused, vacant space to any public or private organization.
(2002, c. 803, § 37.1-48.2; 2005, c. 716; 2009, cc. 813, 840.)