CODE OF VIRGINIA

AUTHORITY TO ENTER INTO JOINT AGREEMENTS (§ 37.2-615)

A. A behavioral health authority may enter into joint agreements, pursuant to
subsection 4 of § 37.2-605, with one or more behavioral health authorities or
community services boards to provide needed treatment, habilitation, or support
services for individuals with specialized and complex service needs and
associated managerial, operational, and administrative services and support and
to promote clinical, programmatic, or administrative effectiveness and
efficiency. Services may be provided under a joint agreement by one or more
behavioral health authorities or community services boards or an administrator
or management body established or contracted through a joint agreement.

B. Participation in a joint agreement shall be voluntary and at the discretion
of the behavioral health authority. No behavioral health authority shall be
required to enter into a joint agreement pursuant to this section as a condition
for the receipt of funds.

C. No joint agreement shall relieve a behavioral health authority of any
obligation or responsibility imposed upon it by law, but performance under the
terms of a joint agreement may be offered in satisfaction of the obligation or
responsibility of the authority.

D. The behavioral health authority’s participation in a joint agreement
shall be described in the performance contract negotiated by the authority and
the Department pursuant to § 37.2-608. The behavioral health authority shall
provide a copy of a joint agreement to the governing body of the city or county
that established the authority for its review and comment at least 30 days
before executing the agreement.

E. A joint agreement shall state or describe:

   1.  The term or duration of the joint agreement, which shall be for at least
   one year but may be extended annually pursuant to provisions in the joint
   agreement;

   2.  The purpose or purposes of the joint agreement;

   3.  The behavioral health authorities or community services boards
   participating in the joint agreement;

   4.  The treatment, habilitation, or support services and associated managerial
   and administrative services and support to be provided through the joint
   agreement;

   5.  The manner in which the joint agreement will be administered and any
   necessary actions by the participants will be coordinated;

   6.  The manner in which the joint agreement will be financed, including the
   proportional share to be provided by each participating behavioral health
   authority or community services board, and the budget, which shall be
   incorporated as part of the joint agreement, will be established and
   administered;

   7.  The manner by which state general funds, fee revenues, and other funds for
   the operation of the joint agreement will be received and disbursed by the
   participating behavioral health authorities or community services boards;

   8.  The manner by which activities conducted under the joint agreement will be
   monitored, managed, reported, and evaluated;

   9.  The permissible method or methods to be employed in accomplishing the
   partial or complete termination of the joint agreement and for disposing of
   any property acquired under the joint agreement upon such partial or complete
   termination; and

   10.  Any other matters that are necessary and proper for the effective
   operation of the joint agreement.

F. The joint agreement, in addition to the items enumerated in subsection E, may
contain the following items.

   1.  The joint agreement may provide for an administrator or management body
   that shall be responsible for administering activities conducted under the
   joint agreement. The organization, term, powers and duties of any
   administrator or management body shall be specified in the joint agreement.
   This administrator or management body may be given authority through the joint
   agreement to employ staff and obtain services provided under the joint
   agreement though contracts on behalf of the behavioral health authorities or
   community services boards that have entered into the joint agreement. This
   administrator or management body shall defend or compromise, as appropriate,
   all claims, suits, actions, or proceedings arising from its performance under
   this joint agreement and shall obtain and maintain insurance sufficient for
   this purpose.

   2.  The joint agreement may specify the manner of acquiring, holding, and
   disposing of real and personal property required for or used in activities
   conducted under the joint agreement.

   3.  The joint agreement may describe how issues of liability will be handled
   and the types, amounts, and limits of any liability insurance, including
   whether such coverage will be obtained through the Department of
   Treasury’s Division of Risk Management program pursuant to § 2.2-1839
   or otherwise.

G. Any behavioral health authority entering into a joint agreement pursuant to
this section may provide funds or property, personnel, or services to the
administrator or management body responsible for administering activities
conducted under this joint agreement that may be within its legal powers to
sell, lease, give, or otherwise supply.

H. The behavioral health authorities or community services boards entering into
a joint agreement pursuant to this section may create an administrator or
management body to provide treatment, habilitation or support services on behalf
of the participating community services boards or behavioral health authorities
subject to the following conditions.

   1.  The administrator or management body created pursuant to this subsection
   shall operate under contract with the participating community services boards
   or behavioral health authorities, and this contract shall be exempt from the
   requirements of the Virginia Public Procurement Act, (§ 2.2-4300 et seq.).

   2.  The administrator or management body created pursuant to this subsection
   shall be subject to all statutory and regulatory requirements that apply to
   behavioral health authorities, including procurement, employment, Virginia
   Freedom of Information Act, disclosure and confidentiality of individual
   service and administrative records, data collection and reporting, and all
   other aspects of their business and services.

   3.  The administrator or management body created pursuant to this subsection
   shall have the authority to receive funds from the participating community
   services boards or behavioral health authorities; public and private sources
   such as foundations, gifts and grants; and public and private reimbursement
   from private insurers and the Department of Medical Assistance Services; but
   the administrator or management body shall not be authorized to receive funds
   directly from the Department.

   4.  The administrator or management body created pursuant to this subsection
   shall defend or compromise, as appropriate, all claims, suits, actions, or
   proceedings arising from its performance under this joint agreement and shall
   obtain and maintain insurance sufficient for this purpose.

HISTORY: 2006, c. 656; 2012, cc. 476, 507.