Authority: Title 37.1, Chapter 1, Articles 1 and 2, Code of Virginia.

A. The Department, in cooperation with Community Services Boards, shall report annually on revenue collections by each board. The report shall be submitted to the Chairmen of the Senate Finance and House Appropriations Committees by November 15 of each year.

B. The Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services shall, at the beginning of each fiscal year, establish the current capacity for each facility within the system. When a facility becomes full, the Commissioner shall give notice of the fact to all sheriffs and shall designate the hospital to which they shall transport such persons.

C. The Department, with input from the State Board, Community Services Boards, consumers and family members, advocates, and local governments, shall identify priority populations and related funding strategies and develop and implement Community Services Board performance measures that assess outputs and outcomes. Performance measures shall be developed for all services, and outcome measures shall be identified for selected priority populations. These output and outcome measures shall be developed, implemented, and evaluated on a pilot basis in fiscal year 1997 and fully partially implemented as part of all Community Services Board performance contracts in fiscal year 1998. The results of the pilot project shall be presented to the Secretary of Health and Human Resources not later than December 1, 1996.

D. To further facilitate the Bed Reduction Plan as presented in Item 409 of the 1994 Appropriation Act (Chapter 966), state facilities will expand current programs using new medications for the treatment of schizophrenia, bi-polar disorder, and depression, with the goal of stabilizing persons at risk of institutionalization or releasing persons currently institutionalized into the community.

E. The Department, in cooperation with Community Services Boards, shall procure consulting assistance in the development of a plan to improve fiscal and performance information on mental health, mental retardation, and substance abuse services provided by or under contract with Community Services Boards as well as by state mental health and mental retardation facilities. The plan shall also include, but not be limited to, collection of data on individual clinical outcomes, quality of care, and other measures for assuring quality and accountability in the provision of services to mentally disabled persons. The plan shall be submitted to the Chairmen of the House Appropriations and Senate Finance Committees, the Joint Subcommittee to Study the Publicly Funded Mental Health System, and the Secretary of Health and Human Resources by December 1, 1996.

F. The Department, in cooperation with Community Services Boards, consumers and family members, advocates, and local governments, shall work with the Joint Subcommittee Studying the Publicly Funded Mental Health System to develop recommendations to the 1997 General Assembly for reinvestment of: fiscal year 1997 general and special fund balances, savings from operating efficiencies, unbudgeted revenues, and proceeds from restructuring activities. Recommendations shall include a plan for improving the quality of care in community-based and state facility services and for expanding capacity and reducing waiting lists in community services. The plan shall be submitted to the 1997 General Assembly for approval.

G. Out of this appropriation, $2,000,000 in the first year from the general fund is provided for the institutions to meet Medicare, Medicaid, and other accreditation standards; for any requirements related to Department of Justice negotiations; and for additional staffing and equipment necessary to open the general obligation bond projects.

H.1. No facility operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services shall be sold, privatized, or converted to any other use without the approval of the General Assembly.

2. The Department shall notify the Chairmen of the House Appropriations and Senate Finance Committees of any plans for privatization or contractual initiatives, other than prohibited by H.1. above, thirty days before implementation of such initiatives. Notification shall include a formal analysis which shall include, but not be limited to, the following components: (i) definition of activity and scope of work to be privatized; (ii) estimated amount and duration of the contract; (iii) number of employees impacted to include position title, grade, length of service and projected severance costs; (iv) options for retraining and/or alternate placements for displaced employees and potential retention rights with prospective contractors; (v) standards and outcome measures to assure maintenance of present levels of service and quality; (vi) comprehensive "make or buy" analysis including all costs of present and proposed service and projected short- and long-term savings; and (vii) options for application of contracts on a statewide basis or on a local option basis for facilities with unique geographical and/or service characteristics.

3. These provisions shall not apply to capital outlay services.

4. These provisions shall not extend authority to the Commissioner beyond that granted by the Code of Virginia.