                                 CODE OF VIRGINIA

AUTHORITY TO ENTER INTO JOINT AGREEMENTS (§ 37.2-512)

A. A community services board may enter into joint agreements, pursuant to
subdivision A 4 of &#xA7; 37.2-504 with one or more community services boards or
behavioral health authorities, to provide treatment, habilitation, or support
services for individuals receiving services 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
community services boards or behavioral health authorities or by an
administrator or management body established or contracted through a joint
agreement.

B. Participation in a joint agreement shall be voluntary and at the discretion
of the community services board. No community services board shall be required
to enter into a joint agreement pursuant to this section as a condition for the
receipt of funds.

C. No joint agreement shall relieve a community services board 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 community services board.

D. The community services board&#8217;s participation in a joint agreement shall
be described in the performance contract negotiated by the community services
board and the Department pursuant to &#xA7; 37.2-508. The community services
board shall provide a copy of a joint agreement to the governing body of each
city or county that established the board for its review and comment at least 30
days 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 least
   one year but may be extended annually pursuant to provisions in the joint
   agreement;

   2. The purpose or purposes of the joint agreement;

   3. The community services boards or behavioral health authorities
   participating in the joint agreement;

   4. The treatment, habilitation, or support services and associated managerial
   and administrative services and support to be provided through the joint
   agreement;

   5. The manner in which the joint agreement will be administered and any
   necessary actions by the participants will be coordinated;

   6. The manner in which the joint agreement will be financed, including the
   proportional share to be provided by each participating community services
   board or behavioral health authority, and the budget, which shall be
   incorporated as part of the joint agreement, will be established and
   administered;

   7. 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 boards or behavioral health authorities;

   8. The manner by which activities conducted under the joint agreement will be
   monitored, managed, reported, and evaluated;

   9. 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

   10. Any other matters that are necessary and proper for the effective
   operation 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 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 community services boards or
   behavioral health authorities 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. 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.

   3. The joint agreement may describe how issues of liability will be handled
   and the types, amounts, and limits of any liability insurance coverage,
   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. Any community services board 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. The community services boards or behavioral health authorities 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. 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.).

   2. The administrator or management body created pursuant to this subsection
   shall be subject to all statutory and regulatory requirements that apply to
   community services boards, 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. The administrator or management body created pursuant to this subsection
   shall have the authority to receive funds from 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. 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.

HISTORY: 2006, c. 656; 2012, cc. 476, 507.