(a) To promote high-quality adult behavioral health services, this section establishes the Behavioral Health Council of the Virgin Islands (“the Council”) to provide an effective, independent consumer voice in an advisory capacity in the development of public policy and resource allocation. The Council is composed of a total of seven members appointed by the Commissioner with the consent of the Governor, including three members appointed from the island of St. Croix, three members appointed from the island of St. Thomas, and one member from the island of St. John. Criteria for members are as set forth in subsection (e). The members shall elect a chairperson from among the seven members. Each member shall serve for a term of two years; however, the Governor may reappoint the members or remove them for cause. A member may voluntarily resign at any time upon written notice to the Commissioner.
(b) The Council exists as an independent public instrumentality to provide guidance and advice from consumers of behavioral health services provided or funded by the Government, including guidance and advice regarding the delivery of effective and appropriate behavioral health services consistent with the Territory’s comprehensive behavioral health service plan.
(c) Exercise of the powers conferred by this section is an essential governmental function. However, the Council is not considered as a public entity or an agency of the Government for the purposes of budgeting, accounts, control, auditing, contracting, and purchasing.
(d) As it pertains to the delivery of behavioral health services the Council shall:(1) Advise the Department, the Governor and other executive branch departments, which includes advising the Department on the review, analysis, and evaluation of behavioral health including substance use disorder programs treatment, procedures, and service delivery systems administered or funded by the Government including unmet needs, quality assurance, and quality improvements;(2) Assist the Department in program design and implementation, including assessment of the quality of services, delivery systems, and the prioritization of programming;(3) Provide consumers with a recognized mechanism for collaboration with the Government, including addressing issues with persons and entities that provide services through contracts with the Department;(4) Provide input regarding programs, evaluations, public policies and resource allocation, and address issues and concerns that arise territory-wide;(5) Identify, research and respond to issues of importance to consumers, including requesting information and data to facilitate informed decision making;(6) Interact with other government departments, community entities and other organizations;(7) Provide budget requests to fund the Council to the Department for each biennial budget and each supplemental budget; and(8) Make annual and interim recommendations to the Government and provide by May 31 of each year a report to the Governor. The report must include analysis of public programs, policies and procedures, legislative and regulatory proposals, and recommendations for action by the Government.
(1) Advise the Department, the Governor and other executive branch departments, which includes advising the Department on the review, analysis, and evaluation of behavioral health including substance use disorder programs treatment, procedures, and service delivery systems administered or funded by the Government including unmet needs, quality assurance, and quality improvements;
(2) Assist the Department in program design and implementation, including assessment of the quality of services, delivery systems, and the prioritization of programming;
(3) Provide consumers with a recognized mechanism for collaboration with the Government, including addressing issues with persons and entities that provide services through contracts with the Department;
(4) Provide input regarding programs, evaluations, public policies and resource allocation, and address issues and concerns that arise territory-wide;
(5) Identify, research and respond to issues of importance to consumers, including requesting information and data to facilitate informed decision making;
(6) Interact with other government departments, community entities and other organizations;
(7) Provide budget requests to fund the Council to the Department for each biennial budget and each supplemental budget; and
(8) Make annual and interim recommendations to the Government and provide by May 31 of each year a report to the Governor. The report must include analysis of public programs, policies and procedures, legislative and regulatory proposals, and recommendations for action by the Government.
(e) The majority of the territorial planning council must be composed of consumers and family members and the remaining members must have any of the following backgrounds: Three members of the Council may be current or previous consumers of behavioral health services within the Territory, or representatives from education, rehabilitation, mental health, criminal justice, housing, social services agencies, or family members of the adults or children with emotional or behavioral disorders.
(f) Non-government Council members may be reimbursed for reasonable and necessary expenses actually incurred, including but not limited to costs incurred for travel upon approval by the Commissioner.
(g) Council members may engage in advocacy regarding legislative and regulatory initiatives.
(h) The Council shall provide interim reports to the Governor and respond to written responses from the Department.
(i) All members are immune from civil liability for acts that they perform in good faith within the scope of their duties for the Council.
(j) No later than September 30 of each year, the Commissioner shall provide a written response to the Council’s annual report to the chair of the Council and the Governor. The response must:(1) Address the actions that the Department plans to take or proposes to implement with regard to the recommendations contained in the Council’s annual report and any interim reports;(2) Address the reasons for declining to take or propose action; and(3) Include a report on the progress in implementing actions detailed in prior Department written reports under this section.
(1) Address the actions that the Department plans to take or proposes to implement with regard to the recommendations contained in the Council’s annual report and any interim reports;
(2) Address the reasons for declining to take or propose action; and
(3) Include a report on the progress in implementing actions detailed in prior Department written reports under this section.
(k) Funding for the Council must be included as part of the Governor’s proposed budget for the Department.
(l) The Commissioner may accept on behalf of the Council - gifts, grants and other funds and contributions for use in performing the duties of the Council, as long as the gifts, grants, funds, and contributions are in accordance with local and federal laws prohibiting conflicts of interest.