HB2533: Behavioral Health and Developmental Services Trust Fund; administration of Fund, report.


HOUSE BILL NO. 2533
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Joint Conference Committee
on February 27, 2011)
(Patron Prior to Substitute--Delegate Cox)
A BILL to amend and reenact § 37.2-319 of the Code of Virginia, relating to administration of the Behavioral Health and Developmental Services Trust Fund.

Be it enacted by the General Assembly of Virginia:

1.  That § 37.2-319 of the Code of Virginia is amended and reenacted as follows:

§ 37.2-319. Administration of Behavioral Health and Developmental Services Trust Fund.

A. The Fund shall be administered by the Commissioner. Moneys in the Fund shall be used solely to provide mental health, mental retardation, and substance abuse services to enhance and ensure the quality of care and treatment provided by the Commonwealth to persons with for mental illness, mental retardation, or substance abuse services and to facilitate transition of individuals with mental retardation from state training centers to community-based services. Notwithstanding any other provision of law, the net proceeds from the sale of any vacant buildings and land shall first be used to (i) deliver mental health, mental retardation, and substance abuse services within the same service area where the sold buildings and land were located to ensure the same level of mental health, mental retardation, and substance abuse services as before the sale and (ii) provide benefits pursuant to the Workforce Transition Act of 1995 (§ 2.2-3200 et seq.) to those persons who were employees of the Commonwealth and, as a result of the sale, are no longer employed by the Commonwealth or are otherwise negatively affected by the sale. Benefits shall include appropriate transitional benefits.

B. For each fiscal year starting with the Commonwealth's 2011-2012 fiscal year, any funds directed to be deposited into the Fund pursuant to the general appropriation act shall be appropriated for financing (i) a broad array of community-based services including but not limited to Intellectual Disability Home and Community Based Waivers or (ii) appropriate community housing, for the purpose of transitioning individuals with mental retardation from state training centers to community-based care.

2. At the direction of the Governor, the Secretary of Health and Human Resources shall develop a plan to transition individuals with mental retardation from state training centers to community-based settings. The plan shall include provisions to reduce the number of individuals who are currently residing in state training centers and include provisions to (i) offer a broad array of community-based services including but not limited to Intellectual Disability Home and Community Based Waivers and (ii) address the availability of appropriate community housing. The plan shall also include facility specific objectives and timeframes to implement changes and shall be developed with input from individuals receiving training center services and their families, community services boards, private providers, and the Department of Medical Assistance Services. The Secretary shall submit the plan to the Governor and Chairmen of the House Committee on Appropriations and the Senate Committee on Finance by November 1, 2011.  The Secretary shall submit reports on the development and implementation of the plan to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance on the first of July and December of each year beginning July 1, 2011.

3. For the fiscal year beginning July 1, 2011, any funds directed to be deposited into the Behavioral Health and Developmental Services Trust Fund pursuant to the general appropriation act shall be appropriated for the purpose of financing a broad array of community-based services, including up to six hundred Intellectual Disability Home and Community Based Waiver slots, one-time transition costs for community placements, appropriate community housing, and other identified community services that may not be covered through the waiver program, for the purpose of transitioning individuals with mental retardation from state training centers to community-based settings.


HOUSE BILL NO. 2533
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Finance
on February 24, 2011)
(Patron Prior to Substitute--Delegate Cox, M. K.)
A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 37.2 an article numbered 5, consisting of a section numbered 37.2-330, relating to the development of a plan for community-based services for individuals with mental retardation.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Chapter 3 of Title 37.2 an article numbered 5, consisting of a section numbered 37.2-330, as follows:

Article 5.
Community-Based Services Plan.

§ 37.2-330. Plan for community-based services for individuals with mental retardation.

A. The general appropriation act shall establish the State Training Center and Community Capacity Remediation Plan (the Plan) under the Department of Behavioral Health and Developmental Services. The Plan shall specify additional funding and policy actions to address the 2011 findings of the United States Department of Justice's investigation regarding the transition of individuals with mental retardation from state training centers to community-based services, and the community capacity to provide services to individuals with mental retardation. The Plan shall also include objectives and timeframes to implement changes to address the United States Department of Justice's investigation and findings.

B. The Plan shall set out specific programs designed to address deficiencies in the transition of individuals with mental retardation from state training centers to community-based services and the community capacity to provide services to individuals with mental retardation.

C. The Secretary of Health and Human Resources shall submit a biannual report to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance, beginning November 1, 2011, on progress made in implementing the provisions of the Plan. The Secretary, with input from individuals receiving training center services and their families, community services boards, private providers, and the Department of Medical Assistance Services, shall include in such report any additional provisions that may be necessary to transition individuals with mental retardation from state training centers to community-based services.


HOUSE BILL NO. 2533
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Delegate Joannou on February 23, 2011)
(Patron Prior to Substitute--Delegate Cox, M.K.)
House Amendments in [ ] ? February 23, 2011
A BILL to amend and reenact § 37.2-319 of the Code of Virginia, relating to administration of the Behavioral Health and Developmental Services Trust Fund.

Be it enacted by the General Assembly of Virginia:

1.  That § 37.2-319 of the Code of Virginia is amended and reenacted as follows:

§ 37.2-319. Administration of Behavioral Health and Developmental Services Trust Fund.

A. The Fund shall be administered by the Commissioner. Moneys in the Fund shall be used solely to provide mental health, mental retardation, and substance abuse services to enhance and ensure the quality of care and treatment provided by the Commonwealth to persons with for mental illness, mental retardation, or substance abuse services and to facilitate transition of individuals with mental retardation from state training centers to community-based services. Notwithstanding any other provision of law, the net proceeds from the sale of any vacant buildings and land shall first be used to (i) deliver mental health, mental retardation, and substance abuse services within the same service area where the sold buildings and land were located to ensure the same level of mental health, mental retardation, and substance abuse services as before the sale and (ii) provide benefits pursuant to the Workforce Transition Act of 1995 (§ 2.2-3200 et seq.) to those persons who were employees of the Commonwealth and, as a result of the sale, are no longer employed by the Commonwealth or are otherwise negatively affected by the sale. Benefits shall include appropriate transitional benefits.

B. For each fiscal year starting with the Commonwealth's 2011-2012 fiscal year, any funds directed to be deposited into the Fund pursuant to the general appropriation act shall be appropriated for financing (i) a broad array of community-based services including but not limited to Intellectual Disability Home and Community Based Waivers or (ii) appropriate community housing, for the purpose of transitioning individuals with mental retardation from state training centers to community-based care.

2.  At the direction of the Governor, the Secretary of Health and Human Resources shall develop a plan to transition individuals with mental retardation from state training centers to community-based settings. The plan shall include provisions to reduce the number of individuals who are currently residing in state training centers and include provisions to (i) offer a broad array of community-based services including but not limited to Intellectual Disability Home and Community Based Waivers and (ii) address the availability of appropriate community housing. The plan shall also include facility specific objectives and timeframes to implement changes and shall be developed with input from individuals receiving training center services and their families, community services boards, private providers, and the Department of Medical Assistance Services. The Secretary shall submit the plan to the Governor and Chairmen of [ the Joint Commission on Health Care, ] the House Committee on Appropriations and the Senate Committee on Finance by November 1, 2011.  The Secretary shall submit reports on the development and implementation of the plan to the Governor and the Chairmen of [ the Joint Commission on Health Care, ] the House Committee on Appropriations and the Senate Committee on Finance on the first of July and December of each year beginning July 1, 2011.

3. For the fiscal year beginning July 1, 2011, $30 million is hereby appropriated from the general fund and deposited into the Behavioral Health and Developmental Services Trust Fund, in addition to the amounts appropriated pursuant to Chapter 874 of the Acts of Assembly of 2010 or any amendments thereto. Such appropriation shall be used to finance up to six hundred Intellectual Disability Home and Community Based Waiver slots, one-time transition costs for community placements, appropriate community housing, and other identified community services that may not be covered through the waiver program, for the purpose of transitioning individuals with mental retardation from state training centers to community-based settings.


HOUSE BILL NO. 2533
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Delegate Cox
on February 22, 2011)
(Patron Prior to Substitute--Delegate Cox, M.K.)
A BILL to amend and reenact § 37.2-319 of the Code of Virginia, relating to administration of the Behavioral Health and Developmental Services Trust Fund.

Be it enacted by the General Assembly of Virginia:

1.  That § 37.2-319 of the Code of Virginia is amended and reenacted as follows:

§ 37.2-319. Administration of Behavioral Health and Developmental Services Trust Fund.

A. The Fund shall be administered by the Commissioner. Moneys in the Fund shall be used solely to provide mental health, mental retardation, and substance abuse services to enhance and ensure the quality of care and treatment provided by the Commonwealth to persons with for mental illness, mental retardation, or substance abuse services and to facilitate transition of individuals with mental retardation from state training centers to community-based services. Notwithstanding any other provision of law, the net proceeds from the sale of any vacant buildings and land shall first be used to (i) deliver mental health, mental retardation, and substance abuse services within the same service area where the sold buildings and land were located to ensure the same level of mental health, mental retardation, and substance abuse services as before the sale and (ii) provide benefits pursuant to the Workforce Transition Act of 1995 (§ 2.2-3200 et seq.) to those persons who were employees of the Commonwealth and, as a result of the sale, are no longer employed by the Commonwealth or are otherwise negatively affected by the sale. Benefits shall include appropriate transitional benefits.

B. For each fiscal year starting with the Commonwealth's 2011-2012 fiscal year, any funds directed to be deposited into the Fund pursuant to the general appropriation act shall be appropriated for financing (i) a broad array of community-based services including but not limited to Intellectual Disability Home and Community Based Waivers or (ii) appropriate community housing, for the purpose of transitioning individuals with mental retardation from state training centers to community-based care.

2.  At the direction of the Governor, the Secretary of Health and Human Resources shall develop a plan to transition individuals with mental retardation from state training centers to community-based settings. The plan shall include provisions to reduce the number of individuals who are currently residing in state training centers and include provisions to (i) offer a broad array of community-based services including but not limited to Intellectual Disability Home and Community Based Waivers and (ii) address the availability of appropriate community housing. The plan shall also include facility specific objectives and timeframes to implement changes and shall be developed with input from individuals receiving training center services and their families, community services boards, private providers, and the Department of Medical Assistance Services. The Secretary shall submit the plan to the Governor and Chairmen of the House Committee on Appropriations and the Senate Committee on Finance by November 1, 2011.  The Secretary shall submit reports on the development and implementation of the plan to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance on the first of July and December of each year beginning July 1, 2011.

3. For the fiscal year beginning July 1, 2011, such amounts as shall be appropriated pursuant to Chapter 874 of the Acts of Assembly of 2010 or any amendments thereto shall be deposited into the Fund. Such appropriation shall be used to finance up to six hundred Medicaid Intellectual Disability Home and Community Based Waiver slots, one-time transition costs for community placements, appropriate community housing, and other identified community services that may not be covered through the waiver program, for the purpose of transitioning individuals with mental retardation from state training centers to community-based settings.


HOUSE BILL NO. 2533
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Appropriations
on February 18, 2011)
(Patron Prior to Substitute--Delegate Cox, M.K.)
A BILL to amend and reenact § 37.2-319 of the Code of Virginia, relating to administration of the Behavioral Health and Developmental Services Trust Fund.

Be it enacted by the General Assembly of Virginia:

1.  That § 37.2-319 of the Code of Virginia is amended and reenacted as follows:

§ 37.2-319. Administration of Behavioral Health and Developmental Services Trust Fund.

A. The Fund shall be administered by the Commissioner. Moneys in the Fund shall be used solely to provide mental health, mental retardation, and substance abuse services to enhance and ensure the quality of care and treatment provided by the Commonwealth to persons with for mental illness, mental retardation, or substance abuse services and to facilitate transition of individuals with intellectual disability from state training centers to community-based services. Notwithstanding any other provision of law, the net proceeds from the sale of any vacant buildings and land shall first be used to (i) deliver mental health, mental retardation, and substance abuse services within the same service area where the sold buildings and land were located to ensure the same level of mental health, mental retardation, and substance abuse services as before the sale and (ii) provide benefits pursuant to the Workforce Transition Act of 1995 (§ 2.2-3200 et seq.) to those persons who were employees of the Commonwealth and, as a result of the sale, are no longer employed by the Commonwealth or are otherwise negatively affected by the sale. Benefits shall include appropriate transitional benefits.

B. For each fiscal year starting with the Commonwealth's 2011-2012 fiscal year, any funds directed to be deposited into the Fund pursuant to the general appropriation act shall be appropriated for financing (i) a broad array of community-based services including but not limited to Intellectual Disability Home and Community Based Waivers or (ii) appropriate community housing, for the purpose of transitioning individuals with intellectual disability from state training centers to community-based care.

2.  At the direction of the Governor, the Secretary of Health and Human Resources shall develop a plan to transition individuals with intellectual disability from state training centers to community-based settings. The plan shall include provisions to reduce the number of individuals who are currently residing in state training centers and include provisions to (i) offer a broad array of community-based services including but not limited to Intellectual Disability Home and Community Based Waivers and (ii) address the availability of appropriate community housing. The plan shall also include facility specific objectives and timeframes to implement changes and shall be developed with input from individuals receiving training center services and their families, community services boards, private providers, and the Department of Medical Assistance Services. The Secretary shall submit the plan to the Governor and Chairmen of the House Committee on Appropriations and the Senate Committee on Finance by November 1, 2011.   The Secretary shall submit reports on the development and implementation of the plan to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance on the first of July and December of each year beginning July 1, 2011.

HOUSE BILL NO. 2533
Offered February 16, 2011
A BILL to amend and reenact § 37.2-319 of the Code of Virginia, relating to administration of Behavioral Health and Developmental Services Trust Fund.

Patrons-- Cox, M.K., Abbott, BaCote, Bell, Richard P., Brink, Crockett-Stark, Dance, Greason, Herring, Hope, Howell, A.T., Howell, W.J., Hugo, Iaquinto, Ingram, Jones, Kilgore, Kory, Landes, Marshall, R.G., McClellan, Morgan, O'Bannon, Poindexter, Putney, Rust, Sherwood, Tata and Wilt

Introduced at the request of the Governor

Referred to Committee on Appropriations

Be it enacted by the General Assembly of Virginia:

1.  That § 37.2-319 of the Code of Virginia is amended and reenacted as follows:

§ 37.2-319. Administration of Behavioral Health and Developmental Services Trust Fund.

A. The Fund shall be administered by the Commissioner. Moneys in the Fund shall be used solely to provide mental health, mental retardation, and substance abuse services to enhance and ensure the quality of care and treatment provided by the Commonwealth to persons with mental illness, mental retardation, or substance abuse for behavioral health and developmental services and to facilitate transition of individuals with intellectual disabilities from state training centers to community-based services. Notwithstanding any other provision of law, the net proceeds from the sale of any vacant buildings and land shall first be used to (i) deliver mental health, mental retardation, and substance abuse  behavioral health and developmental services within the same service area where the sold buildings and land were located to ensure the same level of mental health, mental retardation, and substance abuse  behavioral health and developmental services as before the sale and (ii) provide benefits to those persons who were employees of the Commonwealth and, as a result of the sale, are no longer employed by the Commonwealth or are otherwise negatively affected by the sale. Benefits shall include appropriate transitional benefits for unbudgeted and unavoidable increases in costs to state agencies for essential commodities and services which cannot be absorbed within agency appropriations to include unbudgeted benefits associated with Workforce Transition Act requirements.

B. For the fiscal years beginning on July 1, 2011, any funds directed to be deposited into the Fund pursuant to the general appropriation act shall be appropriated for the purpose of financing community-based services, including services provided through the Medicaid Intellectual Disability Home and Community Based Waiver, for the purpose of transitioning individuals with intellectual disabilities from state training centers to community-based care. Any moneys remaining in the Fund at the end of each fiscal year shall not revert to the general fund, but shall remain in the Fund.

C. At the direction of the Governor, the Secretary of Health and Human Resources shall develop a plan in consultation with appropriate stakeholders to transition individuals with intellectual disabilities from state training centers to community-based settings. The plan shall include ideas on how to reduce the number of individuals who are currently residing in state training centers and include provisions to offer a broad array of community-based services, including, but not limited to Intellectual Disability Home and Community Based Waivers.

D. The Secretary shall submit semi-annual reports on implementation of the plan to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance on the first of June and December of each year beginning June 1, 2011.