{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-316.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-316.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-316.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-316.html"}],"law_id":84749,"edition_id":1,"section_id":84749,"structure_id":16895,"section_number":"37.2-316","catch_line":"System restructuring; state and community consensus and planning team required","history":"2002, c. 803, \u00a7 37.1-48.2; 2005, c. 716; 2009, cc. 813, 840; 2012, cc. 476, 507.","full_text":"A\n\nFor the purpose of considering any restructuring of the system of mental health services involving an existing state hospital, the Commissioner shall establish a state and community consensus and planning team consisting of Department staff and representatives of the localities served by the state hospital, including local government officials, individuals receiving services, family members of individuals receiving services, advocates, state hospital employees, community services boards, behavioral health authorities, public and private service providers, licensed hospitals, local health department staff, local social services department staff, sheriffs’ office staff, area agencies on aging, and other interested persons. In addition, the members of the House of Delegates and the Senate representing the localities served by the affected state hospital may serve on the state and community consensus and planning team for that state hospital. Each state and community consensus and planning team, in collaboration with the Commissioner, shall develop a plan that addresses (i) the types, amounts, and locations of new and expanded community services that would be needed to successfully implement the closure or conversion of the state hospital to any use other than the provision of mental health services, including a six-year projection of the need for inpatient psychiatric beds and related community mental health services; (ii) the development of a detailed implementation plan designed to build community mental health infrastructure for current and future capacity needs; (iii) the creation of new and enhanced community services prior to the closure of the state hospital or its conversion to any use other than the provision of mental health services; (iv) the transition of individuals receiving services in the state hospital to community services in the locality of their residence prior to admission or the locality of their choice after discharge; (v) the resolution of issues relating to the restructuring implementation process, including employment issues involving state hospital employee transition planning and appropriate transitional benefits; and (vi) a six-year projection comparing the cost of the current structure and the proposed structure.B\n\nThe Commissioner shall ensure that each plan includes the following components:1\n\nA plan for community education;2\n\nA plan for the implementation of required community services, including state-of-the-art practice models and any models required to meet the unique characteristics of the area to be served, which may include models for rural areas;3\n\nA plan for assuring the availability of adequate staff in the affected communities, including specific strategies for transferring qualified state hospital employees to community services;4\n\nA plan for assuring the development, funding, and implementation of individualized discharge plans pursuant to § 37.2-505 for individuals discharged as a result of the closure or conversion of the state hospital to any use other than the provision of mental health services; and5\n\nA provision for suspending implementation of the plan if the total general funds appropriated to the Department for state hospital and community services decrease in any year of plan implementation by more than 10 percent from the year in which the plan was approved by the General Assembly.C\n\nAt least nine months prior to any proposed state hospital closure or conversion of the state hospital to any use other than the provision of mental health services, the state and community consensus and planning team shall submit a plan to the Joint Commission on Health Care and the Governor for review and recommendation.D\n\nThe Joint Commission on Health Care shall make a recommendation to the General Assembly on the plan no later than six months prior to the date of the proposed closure or conversion of the state hospital to any use other than the provision of mental health services.E\n\nUpon approval of the plan by the General Assembly and the Governor, the Commissioner shall ensure that the plan components required by subsection B are in place and may thereafter perform all tasks necessary to implement the closure or conversion of the state hospital to any use other than the provision of mental health services.F\n\nAny funds saved by the closure or conversion of the state hospital to any use other than the provision of mental health services and not allocated to individualized services plans for individuals being transferred or discharged as a result of the closure or conversion of the state hospital to any use other than the provision of mental health services shall be invested in the Behavioral Health and Developmental Services Trust Fund established in Article 4 (§ 37.2-317 et seq.).G\n\nNothing in this section shall prevent the Commissioner from leasing unused, vacant space to any public or private organization.","order_by":null,"text":{"0":{"id":303690,"text":"For the purpose of considering any restructuring of the system of mental health services involving an existing state hospital, the Commissioner shall establish a state and community consensus and planning team consisting of Department staff and representatives of the localities served by the state hospital, including local government officials, individuals receiving services, family members of individuals receiving services, advocates, state hospital employees, community services boards, behavioral health authorities, public and private service providers, licensed hospitals, local health department staff, local social services department staff, sheriffs’ office staff, area agencies on aging, and other interested persons. In addition, the members of the House of Delegates and the Senate representing the localities served by the affected state hospital may serve on the state and community consensus and planning team for that state hospital. Each state and community consensus and planning team, in collaboration with the Commissioner, shall develop a plan that addresses (i) the types, amounts, and locations of new and expanded community services that would be needed to successfully implement the closure or conversion of the state hospital to any use other than the provision of mental health services, including a six-year projection of the need for inpatient psychiatric beds and related community mental health services; (ii) the development of a detailed implementation plan designed to build community mental health infrastructure for current and future capacity needs; (iii) the creation of new and enhanced community services prior to the closure of the state hospital or its conversion to any use other than the provision of mental health services; (iv) the transition of individuals receiving services in the state hospital to community services in the locality of their residence prior to admission or the locality of their choice after discharge; (v) the resolution of issues relating to the restructuring implementation process, including employment issues involving state hospital employee transition planning and appropriate transitional benefits; and (vi) a six-year projection comparing the cost of the current structure and the proposed structure.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":303691,"text":"The Commissioner shall ensure that each plan includes the following components:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":303692,"text":"A plan for community education;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":303693,"text":"A plan for the implementation of required community services, including state-of-the-art practice models and any models required to meet the unique characteristics of the area to be served, which may include models for rural areas;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":303694,"text":"A plan for assuring the availability of adequate staff in the affected communities, including specific strategies for transferring qualified state hospital employees to community services;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":303695,"text":"A plan for assuring the development, funding, and implementation of individualized discharge plans pursuant to § 37.2-505 for individuals discharged as a result of the closure or conversion of the state hospital to any use other than the provision of mental health services; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":303696,"text":"A provision for suspending implementation of the plan if the total general funds appropriated to the Department for state hospital and community services decrease in any year of plan implementation by more than 10 percent from the year in which the plan was approved by the General Assembly.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":303697,"text":"At least nine months prior to any proposed state hospital closure or conversion of the state hospital to any use other than the provision of mental health services, the state and community consensus and planning team shall submit a plan to the Joint Commission on Health Care and the Governor for review and recommendation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":303698,"text":"The Joint Commission on Health Care shall make a recommendation to the General Assembly on the plan no later than six months prior to the date of the proposed closure or conversion of the state hospital to any use other than the provision of mental health services.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":303699,"text":"Upon approval of the plan by the General Assembly and the Governor, the Commissioner shall ensure that the plan components required by subsection B are in place and may thereafter perform all tasks necessary to implement the closure or conversion of the state hospital to any use other than the provision of mental health services.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":303700,"text":"Any funds saved by the closure or conversion of the state hospital to any use other than the provision of mental health services and not allocated to individualized services plans for individuals being transferred or discharged as a result of the closure or conversion of the state hospital to any use other than the provision of mental health services shall be invested in the Behavioral Health and Developmental Services Trust Fund established in Article 4 (§ 37.2-317 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":303701,"text":"Nothing in this section shall prevent the Commissioner from leasing unused, vacant space to any public or private organization.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":16895,"edition_id":1,"name":"System Restructuring","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12845,"metadata":{},"date_created":"2026-06-26 04:56:34","date_modified":"2026-06-26 04:56:34","permalink":{"id":209839,"object_type":"structure","relational_id":16895,"identifier":"3","token":"37.2\/I\/3\/3","url":"\/37.2\/I\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12845,"edition_id":1,"name":"Department of Behavioral Health and Developmental Services","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209713,"object_type":"structure","relational_id":12845,"identifier":"3","token":"37.2\/I\/3","url":"\/37.2\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84749,"structure_id":16895,"section_number":"37.2-316","catch_line":"System restructuring; state and community consensus and planning team required","url":"\/37.2-316\/","token":"37.2\/I\/3\/3\/37.2-316","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-316\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 803<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapter 716<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapters 476<\/a> and 507<\/a>.<\/p>","references":false,"refers_to":[{"id":55051,"section_number":"37.2-317","catch_line":"Definitions","order_by":null,"url":"\/37.2-317\/"},{"id":62018,"section_number":"37.2-505","catch_line":"Coordination of services for preadmission screening and discharge planning","order_by":null,"url":"\/37.2-505\/"}],"permalink":{"id":209841,"object_type":"law","relational_id":84749,"identifier":"37.2-316","token":"37.2\/I\/3\/3\/37.2-316","url":"\/37.2-316\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-316\/","token":"37.2\/I\/3\/3\/37.2-316","dublin_core":{"Title":"System restructuring; state and community consensus and planning team required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-316","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purpose of considering any restructuring of the system of mental health services<\/span> involving an existing state hospital<\/span>, the Commissioner<\/span> shall establish a state and community consensus and planning team consisting of Department<\/span> staff and representatives of the localities served by the state hospital<\/span>, including local government officials, individuals<\/span> receiving services, family members<\/span> of individuals<\/span> receiving services, advocates, state hospital<\/span> employees, community services boards<\/span>, behavioral health authorities, public and private service providers, licensed hospitals<\/span>, local health department<\/span> staff, local social services department<\/span> staff, sheriffs’ office staff, area agencies on aging, and other interested persons. In addition, the members of the House of Delegates and the Senate representing the localities served by the affected state hospital<\/span> may serve on the state and community consensus and planning team for that state hospital<\/span>. Each state and community consensus and planning team, in collaboration with the Commissioner<\/span>, shall develop a plan that addresses (i) the types, amounts, and locations of new and expanded community services that would be needed to successfully implement the closure or conversion of the state hospital<\/span> to any use other than the provision of mental health services<\/span>, including a six-year projection of the need for inpatient psychiatric beds and related community mental health services<\/span>; (ii) the development of a detailed implementation plan designed to build community mental health infrastructure for current and future capacity needs; (iii) the creation of new and enhanced community services prior to the closure of the state hospital<\/span> or its conversion to any use other than the provision of mental health services<\/span>; (iv) the transition of individuals<\/span> receiving services in the state hospital<\/span> to community services in the locality of their residence prior to admission or the locality of their choice after discharge; (v) the resolution of issues<\/span> relating to the restructuring implementation process, including employment issues<\/span> involving state hospital<\/span> employee transition planning and appropriate transitional benefits; and (vi) a six-year projection comparing the cost of the current structure and the proposed structure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall ensure that each plan includes the following components: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A plan for community education; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A plan for the implementation of required community services, including state-of-the-art practice models and any models required to meet the unique characteristics of the area to be served, which may include models for rural areas; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A plan for assuring the availability of adequate staff in the affected communities, including specific strategies for transferring qualified state hospital<\/span> employees to community services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A plan for assuring the development, funding, and implementation of individualized discharge plans pursuant to § 37.2-505<\/a> for individuals<\/span> discharged as a result of the closure or conversion of the state hospital<\/span> to any use other than the provision of mental health services<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A provision for suspending implementation of the plan if the total general funds appropriated to the Department<\/span> for state hospital<\/span> and community services decrease in any year of plan implementation by more than 10 percent from the year in which the plan was approved by the General Assembly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At least nine months prior to any proposed state hospital<\/span> closure or conversion of the state hospital<\/span> to any use other than the provision of mental health services<\/span>, the state and community consensus and planning team shall submit a plan to the Joint Commission on Health Care and the Governor for review and recommendation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Joint Commission on Health Care shall make a recommendation to the General Assembly on the plan no later than six months prior to the date of the proposed closure or conversion of the state hospital<\/span> to any use other than the provision of mental health services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon approval of the plan by the General Assembly and the Governor, the Commissioner<\/span> shall ensure that the plan components required by subsection B are in place and may thereafter perform all tasks necessary to implement the closure or conversion of the state hospital<\/span> to any use other than the provision of mental health services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any funds saved by the closure or conversion of the state hospital<\/span> to any use other than the provision of mental health services<\/span> and not allocated to individualized services plans for individuals<\/span> being transferred or discharged as a result of the closure or conversion of the state hospital<\/span> to any use other than the provision of mental health services<\/span> shall be invested in the Behavioral Health and Developmental Services<\/span> Trust Fund established in Article 4 (§ 37.2-317<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall prevent the Commissioner<\/span> from leasing unused, vacant space to any public or private organization. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSYSTEM RESTRUCTURING; STATE AND COMMUNITY CONSENSUS AND PLANNING TEAM REQUIRED\n(\u00a7 37.2-316)\n\nA. For the purpose of considering any restructuring of the system of mental\nhealth services involving an existing state hospital, the Commissioner shall\nestablish a state and community consensus and planning team consisting of\nDepartment staff and representatives of the localities served by the state\nhospital, including local government officials, individuals receiving services,\nfamily members of individuals receiving services, advocates, state hospital\nemployees, community services boards, behavioral health authorities, public and\nprivate service providers, licensed hospitals, local health department staff,\nlocal social services department staff, sheriffs’ office staff, area\nagencies on aging, and other interested persons. In addition, the members of the\nHouse of Delegates and the Senate representing the localities served by the\naffected state hospital may serve on the state and community consensus and\nplanning team for that state hospital. Each state and community consensus and\nplanning team, in collaboration with the Commissioner, shall develop a plan that\naddresses (i) the types, amounts, and locations of new and expanded community\nservices that would be needed to successfully implement the closure or\nconversion of the state hospital to any use other than the provision of mental\nhealth services, including a six-year projection of the need for inpatient\npsychiatric beds and related community mental health services; (ii) the\ndevelopment of a detailed implementation plan designed to build community mental\nhealth infrastructure for current and future capacity needs; (iii) the creation\nof new and enhanced community services prior to the closure of the state\nhospital or its conversion to any use other than the provision of mental health\nservices; (iv) the transition of individuals receiving services in the state\nhospital to community services in the locality of their residence prior to\nadmission or the locality of their choice after discharge; (v) the resolution of\nissues relating to the restructuring implementation process, including\nemployment issues involving state hospital employee transition planning and\nappropriate transitional benefits; and (vi) a six-year projection comparing the\ncost of the current structure and the proposed structure.\n\nB. The Commissioner shall ensure that each plan includes the following\ncomponents:\n\n 1. A plan for community education;\n\n 2. A plan for the implementation of required community services, including\n state-of-the-art practice models and any models required to meet the unique\n characteristics of the area to be served, which may include models for rural\n areas;\n\n 3. A plan for assuring the availability of adequate staff in the affected\n communities, including specific strategies for transferring qualified state\n hospital employees to community services;\n\n 4. A plan for assuring the development, funding, and implementation of\n individualized discharge plans pursuant to § 37.2-505 for individuals\n discharged as a result of the closure or conversion of the state hospital to\n any use other than the provision of mental health services; and\n\n 5. A provision for suspending implementation of the plan if the total general\n funds appropriated to the Department for state hospital and community services\n decrease in any year of plan implementation by more than 10 percent from the\n year in which the plan was approved by the General Assembly.\n\nC. At least nine months prior to any proposed state hospital closure or\nconversion of the state hospital to any use other than the provision of mental\nhealth services, the state and community consensus and planning team shall\nsubmit a plan to the Joint Commission on Health Care and the Governor for review\nand recommendation.\n\nD. The Joint Commission on Health Care shall make a recommendation to the\nGeneral Assembly on the plan no later than six months prior to the date of the\nproposed closure or conversion of the state hospital to any use other than the\nprovision of mental health services.\n\nE. Upon approval of the plan by the General Assembly and the Governor, the\nCommissioner shall ensure that the plan components required by subsection B are\nin place and may thereafter perform all tasks necessary to implement the closure\nor conversion of the state hospital to any use other than the provision of\nmental health services.\n\nF. Any funds saved by the closure or conversion of the state hospital to any use\nother than the provision of mental health services and not allocated to\nindividualized services plans for individuals being transferred or discharged as\na result of the closure or conversion of the state hospital to any use other\nthan the provision of mental health services shall be invested in the Behavioral\nHealth and Developmental Services Trust Fund established in Article 4 (§\n37.2-317 et seq.).\n\nG. Nothing in this section shall prevent the Commissioner from leasing unused,\nvacant space to any public or private organization.\n\nHISTORY: 2002, c. 803, \u00a7 37.1-48.2; 2005, c. 716; 2009, cc. 813, 840; 2012, cc.\n476, 507.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}