Chief Patron: Cox
MHMR Facility Replacement and Closure Commission (language only)

Item 4-7.02 #1h

Language
Page 596, after line 45, insert:
"§ 4-7.02 STATE FACILITY REPLACEMENT AND CLOSURE PROGRAM
a.1.  There is hereby established a Mental Health and Mental Retardation Facility Replacement and Closure Commission which shall make recommendations to the Governor and General Assembly on the replacement and/or closure of state mental health institutes and mental retardation training centers in the Commonwealth.  
2.  The Secretaries of Health and Human Resources and Finance shall assist the Commission in the development of criteria and a process for its decision-making, collection and evaluation of data, and report preparation.
3.  The Commission shall be composed of nine members.  Members shall be appointed as follows:  three members to be appointed by the Governor, one of whom has expertise in capital financing and one of whom has expertise in capital maintenance and construction issues; two members to be appointed by the Senate Committee on Rules; four members to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates.  The Secretaries of Health and Human Resources and Finance, and Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services shall serve as ex officio members of the Commission.
4.  Appointed members of the Commission shall not be compensated; however, they shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties on behalf of the Commission.
5.  The Commission shall make recommendations based on information provided by the Department of Mental Health, Mental Retardation and Substance Abuse Services and other agencies within the Health and Human Resources and Finance Secretariats, as appropriate, to replace and/or close mental health and mental retardation facilities.  Decisions shall be based on criteria established to evaluate the efficiency and effectiveness of the facilities in facilitating the delivery of high quality care to persons with mental illness, mental retardation and substance abuse disorders.  
6.  The Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of General Services shall serve as staff to the Commission as directed by the Secretary of Health and Human Resources and the Secretary of Finance.  
7.  The Department of Mental Health, Mental Retardation and Substance Abuse Services shall provide the Commission with the following information, as well as any additional data needed, to make determinations about the optimum size, design and location of facilities:  (i) current operating costs of facilities, including staffing; (ii) current capital needs of facilities, including maintenance and repair needs; (iii) potential savings in operating and capital costs of replacing and/or closing existing facilities, as well as potential savings resulting from the sale of facility property; (iv) projections on the future need for facility care by children, adolescents, adults and aged persons with mental illness, mental retardation and substance abuse disorders; (v) the availability of community resources to provide appropriate levels of care to individuals who can be transitioned to community placements from state facilities; (vi) the economic impact on employees and localities of facility replacements and/or closures; (vii) options for transitioning employees to other employment; and (viii) the feasibility of utilizing other operating models for state facilities, including the operation of a facility or a specialized program area by a private contractor.
8.  The Commission shall conduct at least one public hearing in each of the seven health planning regions to gather additional information to be used in its deliberations and shall share information regarding its meetings and activities with the public.
9. Community Services Board and Behavioral Health Authorities shall provide the Commission with data requested to assist in its deliberations.
10.  The Commission shall make its recommendations to the Governor and the General Assembly by October 1, 2006, including its findings and conclusions based on analysis of data provided and criteria developed to guide its decision-making.
11.  The Governor shall, by no later than December 1, 2006, review the Commission's recommendations and analysis and report to the General Assembly approval or disapproval of each of the Commission's recommendations.  The recommendations of the Governor shall be incorporated into a capital outlay budget bill and submitted to the 2007 General Assembly for approval or disapproval."

Explanation
(This amendment creates a Commission to make recommendations on the replacement and/or closure of state mental health and mental retardation facilities.)