(a) The Director shall use standards established by the Joint Commission on Accreditation for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility and establish the fees to be charged by the Division of Behavioral Health for the required inspections of the facilities. The standards to be applied must be only for the health standards to be met and standards of treatment to be afforded patients. The Director may recommend, and the Commissioner may contract for the use of any facility as an approved public treatment facility as the Commissioner considers effective and economical.
(b) The Director or the Director’s designee shall periodically inspect approved public and private treatment facilities at reasonable times and in a reasonable manner.
(c) Each approved public and private treatment facility shall file with the Division of Behavioral Health, on request, data, statistics, schedules, and information the Division of Behavioral Health reasonably requires. Upon certification by the Director, the Commissioner shall remove from the list of approved treatment facilities an approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files a fraudulent return.
(d) After holding a hearing, the Commissioner may suspend, revoke, limit, restrict approval, or refuse to grant approval of any approved public or private treatment facility for failure to meet its standards.
(e) The Superior Court may restrain any violation of this section, review any denial, restriction, or revocation of approval, and grant other relief required to enforce its provisions.
(f) Upon petition of the Director and after a hearing held upon reasonable notice to the facility, the Superior Court may issue a warrant to an officer or employee of the Division authorizing the officer or employee to enter and inspect at reasonable times and examine the books and accounts of, any approved public or private treatment facility refusing to consent to inspection or examination by the Division, or which the Division has reasonable cause to believe is operating in violation of this chapter.
(g) Persons diagnosed with behavioral health challenges, mental health disorders, or substance use disorders in private behavioral health facilities that contract with the Department under this section are entitled to the same rights and remedies as patients in public behavioral health facilities as conferred by the constitution, laws, regulations, and rules of the Virgin Islands and of the United States.
(h) Before contracting with and approving the admission of involuntary patients to a private behavioral health treatment facility, the Department shall require the facility to:(1) Comply with all applicable regulations;(2) Demonstrate the ability of the facility to comply with judicial decrees related to services already being provided by the facility; and(3) Coordinate and integrate care with other community-based services.
(1) Comply with all applicable regulations;
(2) Demonstrate the ability of the facility to comply with judicial decrees related to services already being provided by the facility; and
(3) Coordinate and integrate care with other community-based services.
(i) The administrator of a private behavioral health treatment facility shall provide notice to the Department and such additional information that may be requested by the Department when a patient who was involuntarily admitted to the facility has died, attempted suicide, or sustained a serious injury resulting in significant impairment of physical condition.(1) For the purposes of this subsection, “significant impairment” includes serious injuries resulting from burns, lacerations, bone fractures, hematoma and injuries to internal organs whether self-inflicted or inflicted by another person.(2) Notice must be provided within 24 hours of occurrence and must include the following:(A) The name of the patient and the name, address, and telephone number of that person’s legal guardian, conservator or legal representative and parents if the patient is a minor;(B) A detailed description of the occurrence and any injuries or impairments sustained;(C) The date and time of the occurrence;(D) The name, street address, mailing address and telephone number of the facility; and(E) The name and job title of the person providing the notice.
(1) For the purposes of this subsection, “significant impairment” includes serious injuries resulting from burns, lacerations, bone fractures, hematoma and injuries to internal organs whether self-inflicted or inflicted by another person.
(2) Notice must be provided within 24 hours of occurrence and must include the following:(A) The name of the patient and the name, address, and telephone number of that person’s legal guardian, conservator or legal representative and parents if the patient is a minor;(B) A detailed description of the occurrence and any injuries or impairments sustained;(C) The date and time of the occurrence;(D) The name, street address, mailing address and telephone number of the facility; and(E) The name and job title of the person providing the notice.
(A) The name of the patient and the name, address, and telephone number of that person’s legal guardian, conservator or legal representative and parents if the patient is a minor;
(B) A detailed description of the occurrence and any injuries or impairments sustained;
(C) The date and time of the occurrence;
(D) The name, street address, mailing address and telephone number of the facility; and
(E) The name and job title of the person providing the notice.