37.2-605 - Behavioral health authorities; powers and duties.
§ 37.2-605. Behavioral health authorities; powers and duties.
Every authority shall be deemed to be a public instrumentality, exercisingpublic and essential governmental functions to provide for the public mentalhealth, welfare, convenience, and prosperity of the residents and such otherpersons who might be served by the authority and to provide behavioral healthservices to those residents and persons. An authority shall have thefollowing powers and duties:
1. Review and evaluate public and private community mental health, mentalretardation, and substance abuse services and facilities that receive fundsfrom the authority and advise the governing body of the city or county thatestablished it as to its findings.
2. Pursuant to § 37.2-608, submit to the governing body of the city or countythat established the authority an annual performance contract for communitymental health, mental retardation, and substance abuse services for itsapproval prior to submission of the contract to the Department.
3. Within amounts appropriated for this purpose, provide services authorizedunder the performance contract.
4. In accordance with its approved performance contract, enter into contractswith other providers for the delivery of services or operation of facilities.
5. Make and enter into all other contracts or agreements as the authority maydetermine that are necessary or incidental to the performance of its dutiesand to the execution of powers granted by this chapter, including contractswith any federal agency, any subdivision or instrumentality of theCommonwealth, behavioral health providers, insurers, and managed care orhealth care networks on such terms and conditions as the authority mayapprove.
6. Make policies or regulations concerning the delivery of services andoperation of facilities under its direction or supervision, subject toapplicable policies and regulations adopted by the Board.
7. Appoint a chief executive officer of the behavioral health authority, whomeets the minimum qualifications established by the Department, and prescribehis duties. The compensation of the chief executive officer shall be fixed bythe authority within the amounts made available by appropriation for thispurpose. The chief executive officer shall serve at the pleasure of theauthority's board of directors and be employed under an annually renewablecontract that contains performance objectives and evaluation criteria. TheDepartment shall approve the selection of the chief executive officer foradherence to minimum qualifications established by the Department and thesalary range of the chief executive officer.
8. Authorize the chief executive officer to maintain a complement ofprofessional staff to operate the behavioral health authority's servicedelivery system.
9. Prescribe a reasonable schedule of fees for services provided by personnelor facilities under the jurisdiction or supervision of the authority andestablish procedures for the collection of those fees. All fees collectedshall be included in the performance contract submitted to the localgoverning body pursuant to subdivision 2 of this section and § 37.2-608 andshall be used only for community mental health, mental retardation, andsubstance abuse purposes. Every authority shall institute a reimbursementsystem to maximize the collection of fees from persons receiving servicesunder the jurisdiction or supervision of the authority, consistent with theprovisions of § 37.2-612, and from responsible third party payors.Authorities shall not attempt to bill or collect fees for time spentparticipating in commitment hearings for involuntary admissions pursuant toArticle 5 (§ 37.2-814 et seq.) of Chapter 8.
10. Accept or refuse gifts, donations, bequests, or grants of money orproperty or other assistance from the federal government, the Commonwealth,any municipality thereof, or any other sources, public or private; utilizethem to carry out any of its purposes; and enter into any agreement orcontract regarding or relating to the acceptance, use, or repayment of anysuch grant or assistance.
11. Seek and accept funds through federal grants. In accepting federalgrants, the authority shall not bind the governing body of the city or countythat established it to any expenditures or conditions of acceptance withoutthe prior approval of that governing body.
12. Notwithstanding any provision of law to the contrary, disburse fundsappropriated to it in accordance with applicable regulations.
13. Apply for and accept loans in accordance with regulations established bythe board of directors.
14. Develop joint written agreements, consistent with policies adopted by theBoard, with local school divisions; health departments; local boards ofsocial services; housing agencies, where they exist; courts; sheriffs; areaagencies on aging; and regional Department of Rehabilitative Servicesoffices. The agreements shall specify the services to be provided toconsumers. All participating agencies shall develop and implement theagreements and shall review the agreements annually.
15. Develop and submit to the Department the necessary information for thepreparation of the Comprehensive State Plan for Behavioral Health andDevelopmental Services pursuant to § 37.2-315.
16. Take all necessary and appropriate actions to maximize the involvementand participation of consumers and family members of consumers in policyformulation and service planning, delivery, and evaluation.
17. Institute, singly or in combination with community services boards orother behavioral health authorities, a dispute resolution mechanism that isapproved by the Department and enables consumers and family members ofconsumers to resolve concerns, issues, or disagreements about serviceswithout adversely affecting their access to or receipt of appropriate typesand amounts of current or future services from the authority.
18. Notwithstanding the provisions of § 37.2-400 and regulations adoptedthereunder, release data and information about individual consumers to theDepartment, so long as the Department implements procedures to protect theconfidentiality of that data and information. Every authority shall submitdata on children and youth in the same manner as community services boards,as set forth in § 37.2-507.
19. Fulfill all other duties and be subject to applicable provisionsspecified in the Code of Virginia pertaining to community services boards.
20. Make loans and provide other assistance to corporations, partnerships,associations, joint ventures, or other entities in carrying out anyactivities authorized by this chapter.
21. Transact its business, locate its offices and control, directly orthrough stock or nonstock corporations or other entities, facilities thatwill assist the authority in carrying out the purposes and intent of thischapter, including without limitations the power to own or operate, directlyor indirectly, behavioral health facilities in its service area.
22. Acquire property, real or personal, by purchase, gift, or devise on suchterms and conditions and in such manner as it may deem proper and suchrights, easements, or estates therein as may be necessary for its purposesand sell, lease, and dispose of the same or any portion thereof or interesttherein, whenever it shall become expedient to do so.
23. Participate in joint ventures with individuals, corporations,partnerships, associations, or other entities for providing behavioral healthcare or related services or other activities that the authority may undertaketo the extent that such undertakings assist the authority in carrying out thepurposes and intent of this chapter.
24. Conduct or engage in any lawful business, activity, effort, or projectthat is necessary or convenient for the purposes of the authority or for theexercise of any of its powers.
25. As a public instrumentality, establish and operate its administrativemanagement infrastructure in whole or in part independent of the localgoverning body; however, nothing in the chapter precludes behavioral healthauthorities from acquiring support services through existing governmentalentities.
26. Carry out capital improvements and bonding through existing economic orindustrial development authorities.
27. Establish retirement, group life insurance, and group accident andsickness insurance plans or systems for its employees in the same manner ascities, counties, and towns are permitted to do under § 51.1-801.
28. Provide an annual report to the Department of the authority's activities.
29. Ensure a continuation of all consumer services during any transitionperiod.
(1995, c. 693, § 15.1-1682; 1996, c. 861; 1997, cc. 587, 743, § 37.1-248;1998, c. 680; 2002, cc. 585, 619, § 37.1-197.3; 2005, c. 716.)