Title 40.1, Title 40.1 Healthcare, Developmental Disabilities and Hospitals

It is the policy of this state to provide persons with serious mental illness adequate and humane care, that, to the extent possible, while meeting the purposes of rehabilitation and treatment, is: (1) Within each person’s own community, recognizing that some services are appropr…

When used in this chapter: (1) “Adult with serious mental illness” means a person with serious mental illness, eighteen (18) years or older and not under the jurisdiction of the department of children, youth and families. (2) “Case management” means the services provided by menta…

Persons with serious mental health illness shall be admitted for mental health services under the provisions of this chapter in accordance with the following procedures: (1) Any person seeking services from the publicly administered integrated state mental health service system m…

Notwithstanding the provisions of § 42-11-2, the department of behavioral healthcare, developmental disabilities and hospitals may make available, on terms and conditions and for the period it deems proper, facilities under its jurisdiction, or space therein, to affiliating nonpr…

(a) The state recognizes that children and adults with mental disabilities are entitled to appropriate, accessible, and adequate mental health services in the least restrictive environment that appropriately can serve their needs. (b) The state recognizes private, nonprofit commu…

As used in this chapter: (1) “Audit” means an annual financial accounting of a center’s financial situation, conducted by a certified public accountant, within one hundred twenty (120) days from the end of the center’s fiscal year, and that includes, for the year reviewed and the…

(a) Matchable funds are those dollars received, whether through a grant by a center for the general provision of mental health services, excluding funds for capital expenditures, and received from one or more of the following: (1) Individual or business charitable gifts; (2) Comm…

Each community mental health center shall be governed by a board composed of at least nine (9) members of recognized ability and/or interest in the problems of mental health and substance abuse. Community mental health boards referred to in this chapter shall be incorporated unde…

Subject to the provisions of this section and the rules and regulations of the director, each board shall: (1) Identify the mental health service needs of its service area population; (2) Assess the mental health services available to meet the mental health needs within its servi…

(a) The state’s appropriations for the department shall be sufficient to provide matching grant funds as defined in this chapter. (b) Matching grant funds shall be allocated annually to each board by the department, in accordance with this chapter, and shall be based on the plan …

In addition to the powers and duties delineated elsewhere in this chapter and other powers and duties already conferred by law, the director shall: (1) Promulgate administrative and fiscal regulations necessary to carry out the requirements of this chapter; (2) Plan and coordinat…

(a) The executive office of health and human services is authorized and directed to submit to the Secretary of the United States Department of Health and Human Services a state plan amendment for the purposes of establishing Certified Community Behavioral Health Clinics in accord…

Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare, developmental disabilities and hospitals in furtherance of this chapter, unless otherwise …

A resident shall be fully informed, in writing, of the grounds for dismissal from the community residence. In the event that a resident is aggrieved by a dismissal, the resident shall have absolute recourse to the resident grievance procedure as outlined in § 40.1-24.5-8.

(a) The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to persons under this chapter shall be confidential. (b) Except as provided in subsections (c) and (d), the fact of admission and all confidential infor…

The mental health advocate shall perform the following duties: (1) Review periodically the procedures established by community residences to carry out the provisions of this chapter. (2) Review grievances of residents filed according to the provisions of the resident grievance pr…

The mental health advocate shall have access to the following information: (1) The names of all persons in community residences, and the date admission began, unless the resident concerned specifically objects, in writing, to the access at the time of admission. (2) All current r…

In addition to any other rights and powers conferred upon him or her by law, the mental health advocate shall have the following rights and powers: (1) To communicate privately by mail or orally with any resident. (2) To inspect all records relating to residents, provided that th…

Any person who willfully withholds from or denies to any person admitted to a community residence any of his or her rights as granted in this chapter shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years, or b…

Any person who makes a report pursuant to this chapter, or who testifies in any administrative or judicial proceeding arising from the report, shall be immune from any civil or criminal liability for making the report or for testifying except for liability for perjury, unless the…

A person convicted of any crime under this chapter shall be disqualified from holding any position in any community residence licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to chapter 24 of this title.

If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its operation to the clause, se…

Any sums necessary for the implementation of this chapter shall be provided from the funds appropriated to the department of behavioral healthcare, developmental disabilities and hospitals in fiscal year 1982-1983. It is expressly understood that additional funds for the implemen…

(a) The director of behavioral healthcare, developmental disabilities and hospitals is charged with the execution of the laws relating to the admission and the care of the mentally disabled with respect to this chapter, and is hereby authorized and empowered to do all acts necess…

(a) Continuation of rights, responsibilities, and obligations. No resident, as a consequence of admission to a community residence and of receiving an evaluation of mental disability, shall lose any legal rights, responsibility, or obligation, or suffer any legal disability as a …

No resident admitted to any community residence shall be deprived of any constitutional, civil, or legal right, solely by reason of admission. Among others, each resident shall be entitled to the following rights without limitation: (1) To privacy and dignity; (2) To civil servic…

Except to the extent that the director as defined in § 40.1-24.5-1 determines that a limitation or a denial of one of the following rights would be in the resident’s best interests and, further, unless the director documents the good-cause reasons for the denial or limitations in…

A copy of the residents’ rights set forth in §§ 40.1-24.5-5 and 40.1-24.5-6 shall be conspicuously posted in community residences at all times.

(a) A community residence shall have a written grievance procedure in order to resolve allegations of violations of the rights assured in this chapter. The grievance procedure shall be conspicuously posted in residential and activity areas, along with the name and telephone numbe…

(a) The director will immediately notify the mental health advocate when a violation of absolute rights under § 40.1-24.5-5 is alleged. Subsequent to oral notification, the director will send to the mental health advocate a copy of the grievance form. (b) The director will notify…

As used in this chapter: (1) “Developmental disability agency” means any organization that has been established and licensed by the department of behavioral healthcare, developmental disabilities and hospitals for the purpose of providing either employment, vocational supports, r…

The purpose of this chapter is to authorize operators of developmental disability agencies acting as a group, to self-insure healthcare costs for employees, retirees, and other beneficiaries and allow a qualified third-party administrator to administer the program.

(a) Operators of two (2) or more developmental disability agencies are hereby authorized and empowered to: (1) Create a separate corporation (the “corporation”) for the purpose of issuing healthcare insurance to the corporation members’ employees and their dependents, and their r…

Operators of developmental disability agencies intending to participate in the corporation shall enter into a contractual agreement with the corporation that shall, among other provisions, describe and define each member’s obligations relative to funding, length of commitment, li…

A fund may be established to insure the healthcare costs of the corporation members’ employees, their covered dependents, the retirees and their covered dependents, not otherwise insured, to the extent determined by the corporation’s articles of incorporation. Efforts will be mad…

(a) The monies in the fund will be used as nonlapsing, revolving financial resources for carrying out the provisions of this chapter. (b) The financial notes and obligations issued by the corporation, pursuant to the provisions of this chapter, will not be deemed to constitute a …

(a) The corporation established pursuant to this chapter for the purpose of providing healthcare costs for members’ employees, retirees, and other beneficiaries must participate in a group stop-loss policy provided by a licensed insurance company. (b) The group stop-loss policy c…

In order to provide protection for persons residing in or receiving services from facilities, programs, or agencies licensed, funded, and/or operated by the department of behavioral healthcare, developmental disabilities and hospitals, all persons eighteen (18) years or older see…

For purposes of this chapter: (1) “Agency” means any person or organization that provides day-program services, residential services, support services, or advocacy services for persons with developmental disabilities, persons who are mentally ill, and persons who are substance ab…

(a) Any facility or program licensed by the department pursuant to § 40.1-24-1 et seq. and any facility or program operated by the department shall require all applicants for employment, if that employment involves routine contact with patients, residents, or clients without the …

If an applicant has undergone a national criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification of the state police or the local police a letter indicating if any disqualifying i…

At the conclusion of any background check required by this chapter, the state police or the local police department will promptly destroy the fingerprint card of the applicant.

The director shall promulgate rules and regulations to carry out the intent of this chapter. The rules shall specify the types of jobs and positions that would require national criminal background checks and the rules shall specify those items of information appearing on a crimin…

No employer who disqualifies an individual from employment because of the receipt of a notice of disqualifying information pursuant to this chapter shall be liable for civil damages or subject to any claim, cause of action, or proceeding of any nature as a result of such disquali…