Authority: Title 37.2, Chapters 1 through 11, Code of Virginia.

A. In the event that services are not available in Virginia to address the specific needs of an individual committed for treatment at the VCBR or conditionally released, or additional capacity cannot be met at the VCBR, the Commissioner is authorized to seek such services from another state.

B. The Department of Medical Assistance Services shall modify state regulations and the state plan for medical assistance, if necessary, to permit the commissioner of the Department of Behavioral Health and Developmental Services, or designee, to sign the Medicaid application form for any resident of the Virginia Center for Behavioral Rehabilitation who refuses, or is unable, to sign for the purposes of Medicaid reimbursement for eligible residents.  The Department of Medical Assistance Services shall have the authority to implement these changes prior to the completion of any regulatory process undertaken to effect such change.

C. Notwithstanding any other provision of this act, the Director, Department of Planning and Budget, shall not transfer operating appropriations to the Virginia Center for Behavioral Rehabilitation from any other sub-agency within the Department of Behavioral Health and Developmental Services unless such transfer is related to a distribution of amounts budgeted in central appropriations or for the purpose of funding special hospitalization costs.

D. The Department of Behavioral Health and Developmental Services shall review and develop options to reduce the census growth and potential need for additional bed capacity at the Virginia Center for Behavioral Rehabilitation. As part of this review the department shall evaluate alternative options such as greater use of conditional release for individuals in order to reduce the future need to increase the physical capacity of the facility. The department shall report its findings to the Chairmen of the House Appropriations and Senate Finance Committees by November 1, 2016.