{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-615.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-615.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-615.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-615.html"}],"law_id":65686,"edition_id":1,"section_id":65686,"structure_id":13973,"section_number":"37.2-615","catch_line":"Authority to enter into joint agreements","history":"2006, c. 656; 2012, cc. 476, 507.","full_text":"A\n\nA behavioral health authority may enter into joint agreements, pursuant to subsection 4 of &#xA7; 37.2-605, with one or more behavioral health authorities or community services boards to provide needed treatment, habilitation, or support services for individuals with specialized and complex service needs and associated managerial, operational, and administrative services and support and to promote clinical, programmatic, or administrative effectiveness and efficiency. Services may be provided under a joint agreement by one or more behavioral health authorities or community services boards or an administrator or management body established or contracted through a joint agreement.B\n\nParticipation in a joint agreement shall be voluntary and at the discretion of the behavioral health authority. No behavioral health authority shall be required to enter into a joint agreement pursuant to this section as a condition for the receipt of funds.C\n\nNo joint agreement shall relieve a behavioral health authority of any obligation or responsibility imposed upon it by law, but performance under the terms of a joint agreement may be offered in satisfaction of the obligation or responsibility of the authority.D\n\nThe behavioral health authority&#8217;s participation in a joint agreement shall be described in the performance contract negotiated by the authority and the Department pursuant to &#xA7; 37.2-608. The behavioral health authority shall provide a copy of a joint agreement to the governing body of the city or county that established the authority for its review and comment at least 30 days before executing the agreement.E\n\nA joint agreement shall state or describe:1\n\nThe term or duration of the joint agreement, which shall be for at least one year but may be extended annually pursuant to provisions in the joint agreement;2\n\nThe purpose or purposes of the joint agreement;3\n\nThe behavioral health authorities or community services boards participating in the joint agreement;4\n\nThe treatment, habilitation, or support services and associated managerial and administrative services and support to be provided through the joint agreement;5\n\nThe manner in which the joint agreement will be administered and any necessary actions by the participants will be coordinated;6\n\nThe manner in which the joint agreement will be financed, including the proportional share to be provided by each participating behavioral health authority or community services board, and the budget, which shall be incorporated as part of the joint agreement, will be established and administered;7\n\nThe manner by which state general funds, fee revenues, and other funds for the operation of the joint agreement will be received and disbursed by the participating behavioral health authorities or community services boards;8\n\nThe manner by which activities conducted under the joint agreement will be monitored, managed, reported, and evaluated;9\n\nThe permissible method or methods to be employed in accomplishing the partial or complete termination of the joint agreement and for disposing of any property acquired under the joint agreement upon such partial or complete termination; and10\n\nAny other matters that are necessary and proper for the effective operation of the joint agreement.F\n\nThe joint agreement, in addition to the items enumerated in subsection E, may contain the following items.1\n\nThe joint agreement may provide for an administrator or management body that shall be responsible for administering activities conducted under the joint agreement. The organization, term, powers and duties of any administrator or management body shall be specified in the joint agreement. This administrator or management body may be given authority through the joint agreement to employ staff and obtain services provided under the joint agreement though contracts on behalf of the behavioral health authorities or community services boards that have entered into the joint agreement. This administrator or management body shall defend or compromise, as appropriate, all claims, suits, actions, or proceedings arising from its performance under this joint agreement and shall obtain and maintain insurance sufficient for this purpose.2\n\nThe joint agreement may specify the manner of acquiring, holding, and disposing of real and personal property required for or used in activities conducted under the joint agreement.3\n\nThe joint agreement may describe how issues of liability will be handled and the types, amounts, and limits of any liability insurance, including whether such coverage will be obtained through the Department of Treasury&#8217;s Division of Risk Management program pursuant to &#xA7; 2.2-1839 or otherwise.G\n\nAny behavioral health authority entering into a joint agreement pursuant to this section may provide funds or property, personnel, or services to the administrator or management body responsible for administering activities conducted under this joint agreement that may be within its legal powers to sell, lease, give, or otherwise supply.H\n\nThe behavioral health authorities or community services boards entering into a joint agreement pursuant to this section may create an administrator or management body to provide treatment, habilitation or support services on behalf of the participating community services boards or behavioral health authorities subject to the following conditions.1\n\nThe administrator or management body created pursuant to this subsection shall operate under contract with the participating community services boards or behavioral health authorities, and this contract shall be exempt from the requirements of the Virginia Public Procurement Act, (&#xA7; 2.2-4300 et seq.).2\n\nThe administrator or management body created pursuant to this subsection shall be subject to all statutory and regulatory requirements that apply to behavioral health authorities, including procurement, employment, Virginia Freedom of Information Act, disclosure and confidentiality of individual service and administrative records, data collection and reporting, and all other aspects of their business and services.3\n\nThe administrator or management body created pursuant to this subsection shall have the authority to receive funds from the participating community services boards or behavioral health authorities; public and private sources such as foundations, gifts and grants; and public and private reimbursement from private insurers and the Department of Medical Assistance Services; but the administrator or management body shall not be authorized to receive funds directly from the Department.4\n\nThe administrator or management body created pursuant to this subsection shall defend or compromise, as appropriate, all claims, suits, actions, or proceedings arising from its performance under this joint agreement and shall obtain and maintain insurance sufficient for this purpose.","order_by":null,"text":{"0":{"id":238734,"text":"A behavioral health authority may enter into joint agreements, pursuant to subsection 4 of &#xA7; 37.2-605, with one or more behavioral health authorities or community services boards to provide needed treatment, habilitation, or support services for individuals with specialized and complex service needs and associated managerial, operational, and administrative services and support and to promote clinical, programmatic, or administrative effectiveness and efficiency. Services may be provided under a joint agreement by one or more behavioral health authorities or community services boards or an administrator or management body established or contracted through a joint agreement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238735,"text":"Participation in a joint agreement shall be voluntary and at the discretion of the behavioral health authority. No behavioral health authority shall be required to enter into a joint agreement pursuant to this section as a condition for the receipt of funds.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":238736,"text":"No joint agreement shall relieve a behavioral health authority of any obligation or responsibility imposed upon it by law, but performance under the terms of a joint agreement may be offered in satisfaction of the obligation or responsibility of the authority.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":238737,"text":"The behavioral health authority&#8217;s participation in a joint agreement shall be described in the performance contract negotiated by the authority and the Department pursuant to &#xA7; 37.2-608. The behavioral health authority shall provide a copy of a joint agreement to the governing body of the city or county that established the authority for its review and comment at least 30 days before executing the agreement.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":238738,"text":"A joint agreement shall state or describe:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":238739,"text":"The term or duration of the joint agreement, which shall be for at least one year but may be extended annually pursuant to provisions in the joint agreement;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":238740,"text":"The purpose or purposes of the joint agreement;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":238741,"text":"The behavioral health authorities or community services boards participating in the joint agreement;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":238742,"text":"The treatment, habilitation, or support services and associated managerial and administrative services and support to be provided through the joint agreement;","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"9":{"id":238743,"text":"The manner in which the joint agreement will be administered and any necessary actions by the participants will be coordinated;","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"10":{"id":238744,"text":"The manner in which the joint agreement will be financed, including the proportional share to be provided by each participating behavioral health authority or community services board, and the budget, which shall be incorporated as part of the joint agreement, will be established and administered;","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"E7"},"11":{"id":238745,"text":"The manner by which state general funds, fee revenues, and other funds for the operation of the joint agreement will be received and disbursed by the participating behavioral health authorities or community services boards;","type":"section","prefixes":["E","7"],"prefix":"7","entire_prefix":"E7","prefix_anchor":"E7","level":2,"prior_prefix":"E6","next_prefix":"E8"},"12":{"id":238746,"text":"The manner by which activities conducted under the joint agreement will be monitored, managed, reported, and evaluated;","type":"section","prefixes":["E","8"],"prefix":"8","entire_prefix":"E8","prefix_anchor":"E8","level":2,"prior_prefix":"E7","next_prefix":"E9"},"13":{"id":238747,"text":"The permissible method or methods to be employed in accomplishing the partial or complete termination of the joint agreement and for disposing of any property acquired under the joint agreement upon such partial or complete termination; and","type":"section","prefixes":["E","9"],"prefix":"9","entire_prefix":"E9","prefix_anchor":"E9","level":2,"prior_prefix":"E8","next_prefix":"E10"},"14":{"id":238748,"text":"Any other matters that are necessary and proper for the effective operation of the joint agreement.","type":"section","prefixes":["E","10"],"prefix":"10","entire_prefix":"E10","prefix_anchor":"E10","level":2,"prior_prefix":"E9","next_prefix":"F"},"15":{"id":238749,"text":"The joint agreement, in addition to the items enumerated in subsection E, may contain the following items.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E10","next_prefix":"F1"},"16":{"id":238750,"text":"The joint agreement may provide for an administrator or management body that shall be responsible for administering activities conducted under the joint agreement. The organization, term, powers and duties of any administrator or management body shall be specified in the joint agreement. This administrator or management body may be given authority through the joint agreement to employ staff and obtain services provided under the joint agreement though contracts on behalf of the behavioral health authorities or community services boards that have entered into the joint agreement. This administrator or management body shall defend or compromise, as appropriate, all claims, suits, actions, or proceedings arising from its performance under this joint agreement and shall obtain and maintain insurance sufficient for this purpose.","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"17":{"id":238751,"text":"The joint agreement may specify the manner of acquiring, holding, and disposing of real and personal property required for or used in activities conducted under the joint agreement.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"18":{"id":238752,"text":"The joint agreement may describe how issues of liability will be handled and the types, amounts, and limits of any liability insurance, including whether such coverage will be obtained through the Department of Treasury&#8217;s Division of Risk Management program pursuant to &#xA7; 2.2-1839 or otherwise.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"G"},"19":{"id":238753,"text":"Any behavioral health authority entering into a joint agreement pursuant to this section may provide funds or property, personnel, or services to the administrator or management body responsible for administering activities conducted under this joint agreement that may be within its legal powers to sell, lease, give, or otherwise supply.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F3","next_prefix":"H"},"20":{"id":238754,"text":"The behavioral health authorities or community services boards entering into a joint agreement pursuant to this section may create an administrator or management body to provide treatment, habilitation or support services on behalf of the participating community services boards or behavioral health authorities subject to the following conditions.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"21":{"id":238755,"text":"The administrator or management body created pursuant to this subsection shall operate under contract with the participating community services boards or behavioral health authorities, and this contract shall be exempt from the requirements of the Virginia Public Procurement Act, (&#xA7; 2.2-4300 et seq.).","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"22":{"id":238756,"text":"The administrator or management body created pursuant to this subsection shall be subject to all statutory and regulatory requirements that apply to behavioral health authorities, including procurement, employment, Virginia Freedom of Information Act, disclosure and confidentiality of individual service and administrative records, data collection and reporting, and all other aspects of their business and services.","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"23":{"id":238757,"text":"The administrator or management body created pursuant to this subsection shall have the authority to receive funds from the participating community services boards or behavioral health authorities; public and private sources such as foundations, gifts and grants; and public and private reimbursement from private insurers and the Department of Medical Assistance Services; but the administrator or management body shall not be authorized to receive funds directly from the Department.","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"24":{"id":238758,"text":"The administrator or management body created pursuant to this subsection shall defend or compromise, as appropriate, all claims, suits, actions, or proceedings arising from its performance under this joint agreement and shall obtain and maintain insurance sufficient for this purpose.","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3"}},"ancestry":[{"id":13973,"edition_id":1,"name":"Behavioral Health Authorities","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":13087,"metadata":{},"date_created":"2026-06-26 03:46:28","date_modified":"2026-06-26 03:46:28","permalink":{"id":210087,"object_type":"structure","relational_id":13973,"identifier":"6","token":"37.2\/II\/6","url":"\/37.2\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13087,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210023,"object_type":"structure","relational_id":13087,"identifier":"II","token":"37.2\/II","url":"\/37.2\/II\/","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":65047,"structure_id":13973,"section_number":"37.2-600","catch_line":"Definitions","url":"\/37.2-600\/","token":"37.2\/II\/6\/37.2-600","metadata":false},{"id":79192,"structure_id":13973,"section_number":"37.2-601","catch_line":"Behavioral health authorities; purpose","url":"\/37.2-601\/","token":"37.2\/II\/6\/37.2-601","metadata":false},{"id":87433,"structure_id":13973,"section_number":"37.2-602","catch_line":"Board of directors; appointment; membership","url":"\/37.2-602\/","token":"37.2\/II\/6\/37.2-602","metadata":false},{"id":86803,"structure_id":13973,"section_number":"37.2-603","catch_line":"Board of directors; terms; vacancies; removal","url":"\/37.2-603\/","token":"37.2\/II\/6\/37.2-603","metadata":false},{"id":59443,"structure_id":13973,"section_number":"37.2-604","catch_line":"Board of directors; officers; meetings","url":"\/37.2-604\/","token":"37.2\/II\/6\/37.2-604","metadata":false},{"id":83745,"structure_id":13973,"section_number":"37.2-605","catch_line":"Behavioral health authorities; powers and duties","url":"\/37.2-605\/","token":"37.2\/II\/6\/37.2-605","metadata":false},{"id":72901,"structure_id":13973,"section_number":"37.2-606","catch_line":"Coordination of services for preadmission screening and discharge planning","url":"\/37.2-606\/","token":"37.2\/II\/6\/37.2-606","metadata":false},{"id":72398,"structure_id":13973,"section_number":"37.2-607","catch_line":"Background check required","url":"\/37.2-607\/","token":"37.2\/II\/6\/37.2-607","metadata":false},{"id":85448,"structure_id":13973,"section_number":"37.2-608","catch_line":"Performance contract for mental health, developmental, and substance abuse services","url":"\/37.2-608\/","token":"37.2\/II\/6\/37.2-608","metadata":false},{"id":62038,"structure_id":13973,"section_number":"37.2-609","catch_line":"Exemption from taxation","url":"\/37.2-609\/","token":"37.2\/II\/6\/37.2-609","metadata":false},{"id":56744,"structure_id":13973,"section_number":"37.2-610","catch_line":"Transfer of facilities and assets","url":"\/37.2-610\/","token":"37.2\/II\/6\/37.2-610","metadata":false},{"id":63802,"structure_id":13973,"section_number":"37.2-611","catch_line":"Local appropriations; allocation of funds by Department; reduction of funds","url":"\/37.2-611\/","token":"37.2\/II\/6\/37.2-611","metadata":false},{"id":55036,"structure_id":13973,"section_number":"37.2-612","catch_line":"Liability for expenses of services","url":"\/37.2-612\/","token":"37.2\/II\/6\/37.2-612","metadata":false},{"id":80506,"structure_id":13973,"section_number":"37.2-613","catch_line":"Proceedings for dissolution","url":"\/37.2-613\/","token":"37.2\/II\/6\/37.2-613","metadata":false},{"id":81116,"structure_id":13973,"section_number":"37.2-614","catch_line":"When powers and duties cease to exist","url":"\/37.2-614\/","token":"37.2\/II\/6\/37.2-614","metadata":false},{"id":65686,"structure_id":13973,"section_number":"37.2-615","catch_line":"Authority to enter into joint agreements","url":"\/37.2-615\/","token":"37.2\/II\/6\/37.2-615","metadata":false}],"previous_section":{"id":81116,"structure_id":13973,"section_number":"37.2-614","catch_line":"When powers and duties cease to exist","url":"\/37.2-614\/","token":"37.2\/II\/6\/37.2-614","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-615\/","history_text":"<p>This law was first created in 2006. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0656\">656<\/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 1 time. 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. That modification is as follows: in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0476\">476<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0507\">507<\/a>.<\/p>","references":false,"refers_to":[{"id":67299,"section_number":"2.2-1839","catch_line":"Risk management plans administered by the Department of the Treasury's Risk Management Division for political subdivisions, constitutional officers, etc","order_by":null,"url":"\/2.2-1839\/"},{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":83745,"section_number":"37.2-605","catch_line":"Behavioral health authorities; powers and duties","order_by":null,"url":"\/37.2-605\/"},{"id":85448,"section_number":"37.2-608","catch_line":"Performance contract for mental health, developmental, and substance abuse services","order_by":null,"url":"\/37.2-608\/"}],"permalink":{"id":210149,"object_type":"law","relational_id":65686,"identifier":"37.2-615","token":"37.2\/II\/6\/37.2-615","url":"\/37.2-615\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-615\/","token":"37.2\/II\/6\/37.2-615","dublin_core":{"Title":"Authority to enter into joint agreements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-615","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">behavioral health authority<\/span> may enter into joint agreements, pursuant to subsection 4 of &#xA7; <a class=\"law\" title=\"Behavioral health authorities; powers and duties\" href=\"\/37.2-605\/\">37.2-605<\/a>, with one or more behavioral health authorities or <span class=\"dictionary\">community services boards<\/span> to provide needed treatment, habilitation, or support services for <span class=\"dictionary\">individuals<\/span> with specialized and complex service needs and associated managerial, operational, and administrative services and support and to promote clinical, programmatic, or administrative effectiveness and efficiency. Services may be provided under a joint agreement by one or more behavioral health authorities or <span class=\"dictionary\">community services boards<\/span> or an administrator or management body established or contracted through a joint agreement. <a id=\"paragraph-238734\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Participation in a joint agreement shall be voluntary and at the discretion of the <span class=\"dictionary\">behavioral health authority<\/span>. No <span class=\"dictionary\">behavioral health authority<\/span> shall be required to enter into a joint agreement pursuant to this section as a condition for the receipt of funds. <a id=\"paragraph-238735\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> No joint agreement shall relieve a <span class=\"dictionary\">behavioral health authority<\/span> of any obligation or responsibility imposed upon it by <span class=\"dictionary\">law<\/span>, but performance under the terms of a joint agreement may be offered in satisfaction of the obligation or responsibility of the authority. <a id=\"paragraph-238736\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">behavioral health authority<\/span>&#8217;s participation in a joint agreement shall be described in the <span class=\"dictionary\">performance contract<\/span> negotiated by the authority and the <span class=\"dictionary\">Department<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Performance contract for mental health, developmental, and substance abuse services\" href=\"\/37.2-608\/\">37.2-608<\/a>. The <span class=\"dictionary\">behavioral health authority<\/span> shall provide a copy of a joint agreement to the governing body of the city or county that established the authority for its review and comment at least 30 days before executing the agreement. <a id=\"paragraph-238737\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> A joint agreement shall <span class=\"dictionary\">state<\/span> or describe: <a id=\"paragraph-238738\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The term or duration of the joint agreement, which shall be for at least one year but may be extended annually pursuant to provisions in the joint agreement; <a id=\"paragraph-238739\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The purpose or purposes of the joint agreement; <a id=\"paragraph-238740\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The behavioral health authorities or <span class=\"dictionary\">community services boards<\/span> participating in the joint agreement; <a id=\"paragraph-238741\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The treatment, habilitation, or support services and associated managerial and administrative services and support to be provided through the joint agreement; <a id=\"paragraph-238742\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The manner in which the joint agreement will be administered and any necessary actions by the participants will be coordinated; <a id=\"paragraph-238743\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> The manner in which the joint agreement will be financed, including the proportional share to be provided by each participating <span class=\"dictionary\">behavioral health authority<\/span> or <span class=\"dictionary\">community services board<\/span>, and the budget, which shall be incorporated as part of the joint agreement, will be established and administered; <a id=\"paragraph-238744\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> The manner by which <span class=\"dictionary\">state<\/span> general funds, fee revenues, and other funds for the operation of the joint agreement will be received and disbursed by the participating behavioral health authorities or <span class=\"dictionary\">community services boards<\/span>; <a id=\"paragraph-238745\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E8\" class=\"indent-1\"><p><span class=\"prefix-number\">8.<\/span> The manner by which activities conducted under the joint agreement will be monitored, managed, reported, and evaluated; <a id=\"paragraph-238746\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E9\" class=\"indent-1\"><p><span class=\"prefix-number\">9.<\/span> The permissible method or methods to be employed in accomplishing the partial or complete termination of the joint agreement and for disposing of any property acquired under the joint agreement upon such partial or complete termination; and <a id=\"paragraph-238747\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E10\" class=\"indent-1\"><p><span class=\"prefix-number\">10.<\/span> Any other matters that are necessary and proper for the effective operation of the joint agreement. <a id=\"paragraph-238748\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#E10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The joint agreement, in addition to the items enumerated in subsection E, may contain the following items. <a id=\"paragraph-238749\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The joint agreement may provide for an administrator or management body that shall be responsible for administering activities conducted under the joint agreement. The organization, term, powers and duties of any administrator or management body shall be specified in the joint agreement. This administrator or management body may be given authority through the joint agreement to employ staff and obtain services provided under the joint agreement though <span class=\"dictionary\">contracts<\/span> on behalf of the behavioral health authorities or <span class=\"dictionary\">community services boards<\/span> that have entered into the joint agreement. This administrator or management body shall defend or compromise, as appropriate, all claims, suits, actions, or proceedings arising from its performance under this joint agreement and shall obtain and maintain insurance sufficient for this purpose. <a id=\"paragraph-238750\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#F1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The joint agreement may specify the manner of acquiring, holding, and disposing of real and personal property required for or used in activities conducted under the joint agreement. <a id=\"paragraph-238751\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#F2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The joint agreement may describe how <span class=\"dictionary\">issues<\/span> of liability will be handled and the types, amounts, and limits of any liability insurance, including whether such coverage will be obtained through the <span class=\"dictionary\">Department<\/span> of Treasury&#8217;s Division of Risk Management program pursuant to &#xA7; <a class=\"law\" title=\"Risk management plans administered by the Department of the Treasury&#039;s Risk Management Division for political subdivisions, constitutional officers, etc\" href=\"\/2.2-1839\/\">2.2-1839<\/a> or otherwise. <a id=\"paragraph-238752\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#F3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Any <span class=\"dictionary\">behavioral health authority<\/span> entering into a joint agreement pursuant to this section may provide funds or property, personnel, or services to the administrator or management body responsible for administering activities conducted under this joint agreement that may be within its legal powers to sell, lease, give, or otherwise supply. <a id=\"paragraph-238753\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> The behavioral health authorities or <span class=\"dictionary\">community services boards<\/span> entering into a joint agreement pursuant to this section may create an administrator or management body to provide treatment, habilitation or support services on behalf of the participating <span class=\"dictionary\">community services boards<\/span> or behavioral health authorities subject to the following conditions. <a id=\"paragraph-238754\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The administrator or management body created pursuant to this subsection shall operate under contract with the participating <span class=\"dictionary\">community services boards<\/span> or behavioral health authorities, and this contract shall be exempt from the requirements of the Virginia Public Procurement Act, (&#xA7; <a class=\"law\" title=\"Short title; purpose; declaration of intent\" href=\"\/2.2-4300\/\">2.2-4300<\/a> et seq.). <a id=\"paragraph-238755\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#H1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The administrator or management body created pursuant to this subsection shall be subject to all statutory and regulatory requirements that apply to behavioral health authorities, including procurement, employment, Virginia Freedom of Information Act, disclosure and confidentiality of <span class=\"dictionary\">individual<\/span> service and administrative records, data collection and reporting, and all other aspects of their business and services. <a id=\"paragraph-238756\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#H2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The administrator or management body created pursuant to this subsection shall have the authority to receive funds from the participating <span class=\"dictionary\">community services boards<\/span> or behavioral health authorities; public and private sources such as foundations, gifts and grants; and public and private reimbursement from private insurers and the <span class=\"dictionary\">Department<\/span> of Medical Assistance Services; but the administrator or management body shall not be authorized to receive funds directly from the <span class=\"dictionary\">Department<\/span>. <a id=\"paragraph-238757\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#H3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The administrator or management body created pursuant to this subsection shall defend or compromise, as appropriate, all claims, suits, actions, or proceedings arising from its performance under this joint agreement and shall obtain and maintain insurance sufficient for this purpose. <a id=\"paragraph-238758\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-615\/#H4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAUTHORITY TO ENTER INTO JOINT AGREEMENTS (\u00a7 37.2-615)\n\nA. A behavioral health authority may enter into joint agreements, pursuant to\nsubsection 4 of &#xA7; 37.2-605, with one or more behavioral health authorities\nor community services boards to provide needed treatment, habilitation, or\nsupport services for individuals with specialized and complex service needs and\nassociated managerial, operational, and administrative services and support and\nto promote clinical, programmatic, or administrative effectiveness and\nefficiency. Services may be provided under a joint agreement by one or more\nbehavioral health authorities or community services boards or an administrator\nor management body established or contracted through a joint agreement.\n\nB. Participation in a joint agreement shall be voluntary and at the discretion\nof the behavioral health authority. No behavioral health authority shall be\nrequired to enter into a joint agreement pursuant to this section as a condition\nfor the receipt of funds.\n\nC. No joint agreement shall relieve a behavioral health authority of any\nobligation or responsibility imposed upon it by law, but performance under the\nterms of a joint agreement may be offered in satisfaction of the obligation or\nresponsibility of the authority.\n\nD. The behavioral health authority&#8217;s participation in a joint agreement\nshall be described in the performance contract negotiated by the authority and\nthe Department pursuant to &#xA7; 37.2-608. The behavioral health authority\nshall provide a copy of a joint agreement to the governing body of the city or\ncounty that established the authority for its review and comment at least 30\ndays before executing the agreement.\n\nE. A joint agreement shall state or describe:\n\n   1. The term or duration of the joint agreement, which shall be for at least\n   one year but may be extended annually pursuant to provisions in the joint\n   agreement;\n\n   2. The purpose or purposes of the joint agreement;\n\n   3. The behavioral health authorities or community services boards\n   participating in the joint agreement;\n\n   4. The treatment, habilitation, or support services and associated managerial\n   and administrative services and support to be provided through the joint\n   agreement;\n\n   5. The manner in which the joint agreement will be administered and any\n   necessary actions by the participants will be coordinated;\n\n   6. The manner in which the joint agreement will be financed, including the\n   proportional share to be provided by each participating behavioral health\n   authority or community services board, and the budget, which shall be\n   incorporated as part of the joint agreement, will be established and\n   administered;\n\n   7. The manner by which state general funds, fee revenues, and other funds for\n   the operation of the joint agreement will be received and disbursed by the\n   participating behavioral health authorities or community services boards;\n\n   8. The manner by which activities conducted under the joint agreement will be\n   monitored, managed, reported, and evaluated;\n\n   9. The permissible method or methods to be employed in accomplishing the\n   partial or complete termination of the joint agreement and for disposing of\n   any property acquired under the joint agreement upon such partial or complete\n   termination; and\n\n   10. Any other matters that are necessary and proper for the effective\n   operation of the joint agreement.\n\nF. The joint agreement, in addition to the items enumerated in subsection E, may\ncontain the following items.\n\n   1. The joint agreement may provide for an administrator or management body\n   that shall be responsible for administering activities conducted under the\n   joint agreement. The organization, term, powers and duties of any\n   administrator or management body shall be specified in the joint agreement.\n   This administrator or management body may be given authority through the joint\n   agreement to employ staff and obtain services provided under the joint\n   agreement though contracts on behalf of the behavioral health authorities or\n   community services boards that have entered into the joint agreement. This\n   administrator or management body shall defend or compromise, as appropriate,\n   all claims, suits, actions, or proceedings arising from its performance under\n   this joint agreement and shall obtain and maintain insurance sufficient for\n   this purpose.\n\n   2. The joint agreement may specify the manner of acquiring, holding, and\n   disposing of real and personal property required for or used in activities\n   conducted under the joint agreement.\n\n   3. The joint agreement may describe how issues of liability will be handled\n   and the types, amounts, and limits of any liability insurance, including\n   whether such coverage will be obtained through the Department of\n   Treasury&#8217;s Division of Risk Management program pursuant to &#xA7;\n   2.2-1839 or otherwise.\n\nG. Any behavioral health authority entering into a joint agreement pursuant to\nthis section may provide funds or property, personnel, or services to the\nadministrator or management body responsible for administering activities\nconducted under this joint agreement that may be within its legal powers to\nsell, lease, give, or otherwise supply.\n\nH. The behavioral health authorities or community services boards entering into\na joint agreement pursuant to this section may create an administrator or\nmanagement body to provide treatment, habilitation or support services on behalf\nof the participating community services boards or behavioral health authorities\nsubject to the following conditions.\n\n   1. The administrator or management body created pursuant to this subsection\n   shall operate under contract with the participating community services boards\n   or behavioral health authorities, and this contract shall be exempt from the\n   requirements of the Virginia Public Procurement Act, (&#xA7; 2.2-4300 et\n   seq.).\n\n   2. The administrator or management body created pursuant to this subsection\n   shall be subject to all statutory and regulatory requirements that apply to\n   behavioral health authorities, including procurement, employment, Virginia\n   Freedom of Information Act, disclosure and confidentiality of individual\n   service and administrative records, data collection and reporting, and all\n   other aspects of their business and services.\n\n   3. The administrator or management body created pursuant to this subsection\n   shall have the authority to receive funds from the participating community\n   services boards or behavioral health authorities; public and private sources\n   such as foundations, gifts and grants; and public and private reimbursement\n   from private insurers and the Department of Medical Assistance Services; but\n   the administrator or management body shall not be authorized to receive funds\n   directly from the Department.\n\n   4. The administrator or management body created pursuant to this subsection\n   shall defend or compromise, as appropriate, all claims, suits, actions, or\n   proceedings arising from its performance under this joint agreement and shall\n   obtain and maintain insurance sufficient for this purpose.\n\nHISTORY: 2006, c. 656; 2012, cc. 476, 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}}