37.2-615 - Authority to enter into joint agreements.
§ 37.2-615. Authority to enter into joint agreements.
A. A behavioral health authority may enter into joint agreements, pursuant tosubsection 4 of § 37.2-605, with one or more behavioral health authorities orcommunity services boards to provide needed treatment, habilitation, orsupport services for consumers with specialized and complex service needs andassociated managerial, operational, and administrative services and supportand to promote clinical, programmatic, or administrative effectiveness andefficiency. Services may be provided under a joint agreement by one or morebehavioral health authorities or community services boards or anadministrator or management body established or contracted through a jointagreement.
B. Participation in a joint agreement shall be voluntary and at thediscretion of the behavioral health authority. No behavioral health authorityshall be required to enter into a joint agreement pursuant to this section asa condition for the receipt of funds.
C. No joint agreement shall relieve a behavioral health authority of anyobligation or responsibility imposed upon it by law, but performance underthe terms of a joint agreement may be offered in satisfaction of theobligation or responsibility of the authority.
D. The behavioral health authority's participation in a joint agreement shallbe described in the performance contract negotiated by the authority and theDepartment pursuant to § 37.2-608. The behavioral health authority shallprovide a copy of a joint agreement to the governing body of the city orcounty that established the authority for its review and comment at least 30days before executing the agreement.
E. A joint agreement shall state or describe:
1. The term or duration of the joint agreement, which shall be for at leastone year but may be extended annually pursuant to provisions in the jointagreement;
2. The purpose or purposes of the joint agreement;
3. The behavioral health authorities or community services boardsparticipating in the joint agreement;
4. The treatment, habilitation, or support services and associated managerialand administrative services and support to be provided through the jointagreement;
5. The manner in which the joint agreement will be administered and anynecessary actions by the participants will be coordinated;
6. The manner in which the joint agreement will be financed, including theproportional share to be provided by each participating behavioral healthauthority or community services board, and the budget, which shall beincorporated as part of the joint agreement, will be established andadministered;
7. The manner by which state general funds, fee revenues, and other funds forthe operation of the joint agreement will be received and disbursed by theparticipating behavioral health authorities or community services boards;
8. The manner by which activities conducted under the joint agreement will bemonitored, managed, reported, and evaluated;
9. The permissible method or methods to be employed in accomplishing thepartial or complete termination of the joint agreement and for disposing ofany property acquired under the joint agreement upon such partial or completetermination; and
10. Any other matters that are necessary and proper for the effectiveoperation of the joint agreement.
F. The joint agreement, in addition to the items enumerated in subsection E,may contain the following items.
1. The joint agreement may provide for an administrator or management bodythat shall be responsible for administering activities conducted under thejoint agreement. The organization, term, powers and duties of anyadministrator or management body shall be specified in the joint agreement.This administrator or management body may be given authority through thejoint agreement to employ staff and obtain services provided under the jointagreement though contracts on behalf of the behavioral health authorities orcommunity services boards that have entered into the joint agreement. Thisadministrator or management body shall defend or compromise, as appropriate,all claims, suits, actions, or proceedings arising from its performance underthis joint agreement and shall obtain and maintain insurance sufficient forthis purpose.
2. The joint agreement may specify the manner of acquiring, holding, anddisposing of real and personal property required for or used in activitiesconducted under the joint agreement.
3. The joint agreement may describe how issues of liability will be handledand the types, amounts, and limits of any liability insurance, includingwhether such coverage will be obtained through the Department of Treasury'sDivision of Risk Management program pursuant to § 2.2-1839 or otherwise.
G. Any behavioral health authority entering into a joint agreement pursuantto this section may provide funds or property, personnel, or services to theadministrator or management body responsible for administering activitiesconducted under this joint agreement that may be within its legal powers tosell, lease, give, or otherwise supply.
H. The behavioral health authorities or community services boards enteringinto a joint agreement pursuant to this section may create an administratoror management body to provide treatment, habilitation or support services onbehalf of the participating community services boards or behavioral healthauthorities subject to the following conditions.
1. The administrator or management body created pursuant to this subsectionshall operate under contract with the participating community services boardsor behavioral health authorities, and this contract shall be exempt from therequirements of the Virginia Public Procurement Act, (§ 2.2-4300 et seq.).
2. The administrator or management body created pursuant to this subsectionshall be subject to all statutory and regulatory requirements that apply tobehavioral health authorities, including procurement, employment, VirginiaFreedom of Information Act, disclosure and confidentiality of consumer andadministrative records, data collection and reporting, and all other aspectsof their business and services.
3. The administrator or management body created pursuant to this subsectionshall have the authority to receive funds from the participating communityservices boards or behavioral health authorities; public and private sourcessuch as foundations, gifts and grants; and public and private reimbursementfrom private insurers and the Department of Medical Assistance Services; butthe administrator or management body shall not be authorized to receive fundsdirectly from the Department.
4. The administrator or management body created pursuant to this subsectionshall defend or compromise, as appropriate, all claims, suits, actions, orproceedings arising from its performance under this joint agreement and shallobtain and maintain insurance sufficient for this purpose.
(2006, c. 656.)