37.2-512 - Authority to enter into joint agreements.
§ 37.2-512. Authority to enter into joint agreements.
A. A community services board may enter into joint agreements, pursuant tosubdivision A 4 of § 37.2-504 with one or more community services boards orbehavioral health authorities, to provide treatment, habilitation, or supportservices 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 morecommunity services boards or behavioral health authorities or by anadministrator or management body established or contracted through a jointagreement.
B. Participation in a joint agreement shall be voluntary and at thediscretion of the community services board. No community services board shallbe required to enter into a joint agreement pursuant to this section as acondition for the receipt of funds.
C. No joint agreement shall relieve a community services board 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 community services board.
D. The community services board's participation in a joint agreement shall bedescribed in the performance contract negotiated by the community servicesboard and the Department pursuant to § 37.2-508. The community services boardshall provide a copy of a joint agreement to the governing body of each cityor county that established the board 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 community services boards or behavioral health authoritiesparticipating 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 community servicesboard or behavioral health authority, 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 boards or behavioral health authorities;
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 community services boards orbehavioral health authorities that have entered into the joint agreement.This administrator or management body shall defend or compromise, asappropriate, all claims, suits, actions, or proceedings arising from itsperformance under this joint agreement and shall obtain and maintaininsurance sufficient for this 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 coverage,including whether such coverage will be obtained through the Department ofTreasury's Division of Risk Management program pursuant to § 2.2-1839 orotherwise.
G. Any community services board entering into a joint agreement pursuant tothis 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 community services boards or behavioral health authorities 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 tocommunity services boards, 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 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.)