SB 179 — State hospitals; discharge planning.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E153 An Act to amend and reenact §§ 37.2-505 and 37.2-837 of the Code of Virginia, relating to stateNstate hospitals;

R O [S 179] Approved LMarch L26, 2024 Be it enacted by the General Assembly of Virginia:

E § 37.2-505.

DA. 1.

The community services board shall fulfill the following responsibilities:

1.

When preadmission screening reports are required by the court on an emergency basis pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8, the community services board shall ensure the development of the report for the court.

To accomplish this coordination, the community services board shall establish a structure and procedures involving staff from the community services board and, as appropriate, representatives from (i) the state hospital or training center serving the board's service areaBarea, (ii) the local department of social services, (iii) the health department, (iv) the Department for Aging and 7Rehabilitative Services office in the board's service area, (v) the local school division, and (vi) other public and private human services agencies, including licensed hospitals.

school division, and Evi) other 2.

Provide preadmission screening services prior to the admission for treatment pursuant to R § 37.2-805 or Article 5 (§ 37.2-814 et seq.) of Chapter 8 of any person who requires emergency mental health services while in a city or county served by the community services board.

In the case of inmates incarcerated in a regional jail, each community services board that serves a county or city that is a participant in the regional jail shall review any existing Memorandum of Understanding between the community services board and any other community services boards that serve the regional jail to ensure that such memorandum sets forth the roles and responsibilities of each community services board in the preadmission screening process, provides for communication and information sharing protocols between the community services boards, and provides for due consideration, including financial consideration, should there be disproportionate obligations on one of the community services boards.

In the case of any individual to be discharged from Central State Hospital, Southwestern Virginia Mental Health Institute, or Southern Virginia Mental Health Institute in 30 days or less after admission, the appropriate community services planning, the community services board that serves the city or county where the individual resided prior to admission shall informimplement the individualdischarge thatplan hedeveloped mayby choose to return to the countystate orfacility. city in which he resided prior to admission or to any other county or city in the Commonwealth.

Upon initiation of discharge planning, the community services board that serves the city or county where the individual resided prior to admission shall inform the individual that he may choose to return to the county or city in which he resided prior to admission or to any other county or city in the Commonwealth.

The community services board serving the county or city in which he will reside following discharge shall be responsible for arranging transportation for the individual upon request following the discharge protocols developed by therrangingthe Department.

No individual shall be discharged from a state hospital or training center without completion by the community services board of the discharge plan described in this subdivision.

If state hospital or training center staff identify an individual as ready for discharge and the community services board that is of 3 responsible for the individual's care disagrees, the community services board shall document in the treatment plan within 72 hours of the individual's identification any reasons for not accepting the of 3 individual for discharge.

Prior to discharging an individual pursuant to subdivision A 1 or 2 who has not executed an advance directive, the director of a state hospital or his designee shall give to the individual a written explanation of 3the procedures for executing an advance directive in accordance with the Health Care Decisions Act (§ 54.1-2981 et seq.) and an advance directive form, which may be the form set forth in § 54.1-2984.t54.1-2984. B.

B.

Such liability shall devolve upRnupon the of 3 relative, conservator, person to whose care the individual is entrusted while on the trial or home visit, or the appropriate local department of social services of the county or city in which the individual resided at the time of admission pursuant to regulations adopted by the State Board of Social Services.OlServices. resided C.

C.

The provisionLofprovision of public assistance or social services to the individual shall be the responsibility of the appropriate local department of social services as determined by regulations adopted by the State Board of SocialESocial 24-hourServices. care while in an assisted living facility licensed pursuant to Chapters 17 (§ 63.2-1700 et seq.) and 18 (§ 63.2-1800 et seq.) of Title 63.2 shall be the responsibility of the appropriate local department of social services of the county or city in which the individual resided at the time of admission.

Expenses incurred for the provision of public assistance to the individual who is receiving 24-hour care while in an assisted living facility licensed pursuant to Chapters 17 (§ 63.2-1700 et seq.) and 18 (§ 63.2-1800 et seq.) of Title 63.2 shall be the responsibility of the appropriate local department of social services of the county or city in which the individual resided at the time of admission.

That the Department of Behavioral Health and Developmental Services shall report to the Governor and the General Assembly by August 1, 2025, and each year thereafter, the following Southerninformation: Virginia Mental Health Institute, and Southwestern Virginia Mental Health Institute in, 30 days or less after admission;

(ii)(i) the impactreadmission rates of theany changesindividual todischarged dischargefrom planning implementSd by this bill on Central State Hospital, Southern Virginia Mental Health Institute, and 1 Southwestern Virginia Mental Health Institute;Institute in days or less after admission;

and(ii) (iii)the censusimpact information of the changes to discharge planning implemented by this act on Central State 9 Hospital, Southern Virginia Mental Health Institute, and Southwestern Virginia Mental Health RInstitute; 3.

and (iii) census information of Central State Hospital, Southern Virginia Mental Health Institute, and Southwestern Virginia Mental Health Institute.

3.