                                 CODE OF VIRGINIA

SYSTEM RESTRUCTURING; STATE AND COMMUNITY CONSENSUS AND PLANNING TEAM REQUIRED
(§ 37.2-316)

A. 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&#8217; 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. The Commissioner shall ensure that each plan includes the following
components:

   1. A plan for community education;

   2. 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;

   3. 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;

   4. A plan for assuring the development, funding, and implementation of
   individualized discharge plans pursuant to &#xA7; 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

   5. 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.

C. 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.

D. 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.

E. 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.

F. 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 (&#xA7;
37.2-317 et seq.).

G. Nothing in this section shall prevent the Commissioner from leasing unused,
vacant space to any public or private organization.

HISTORY: 2002, c. 803, § 37.1-48.2; 2005, c. 716; 2009, cc. 813, 840; 2012, cc.
476, 507.