24 U.S.C. § 225b : US Code - Section 225B: Development of plan for mental health system for the District

Search 24 U.S.C. § 225b : US Code - Section 225B: Development of plan for mental health system for the District

(a) Responsibility for mental health services; effective date;
final system implementation plan; comprehensive mental health
program
(1) Subject to subsection (g) of this section and section
225g(b)(1) of this title, effective October 1, 1987, the District
shall be responsible for the provision of mental health services to
residents of the District.
(2) Not later than October 1, 1993, the Mayor shall complete the
implementation of the final system implementation plan reviewed by
the Congress and the Council in accordance with the provisions of
this subchapter for the establishment of a comprehensive District
mental health system to provide mental health services and programs
through community mental health facilities to individuals in the
District of Columbia.
(b) Mayor; preliminary system implementation plan; final
implementation plan; submission to and review by Council and
Congressional committees
(1) The Mayor shall prepare a preliminary system implementation
plan for a comprehensive mental health system no later than 3
months from October 1, 1985, and a final implementation plan no
later than 12 months from October 1, 1985.
(2) The Mayor shall submit the preliminary system implementation
plan to the Council no later than 3 months from October 1, 1985.
The Council shall review such plan and transmit written
recommendations to the Mayor regarding any revisions to such plan
no later than 60 days after such submission. The Mayor shall submit
the revised preliminary plan to the Committee on the District of
Columbia of the House of Representatives and the Committee on Labor
and Human Resources and the Committee on Governmental Affairs of
the Senate for review and comment in accordance with the provisions
of this subchapter.
(3) The final system implementation plan shall be considered by
the Council consistent with the provisions of section 422(12) of
the District of Columbia Home Rule Act.
(4) After the review of the Council pursuant to paragraph (3),
the Mayor shall submit the final implementation plan to the
Committee on the District of Columbia of the House of
Representatives and the Committee on Labor and Human Resources and
the Committee on Governmental Affairs of the Senate for review and
comment in accordance with the provisions of this subchapter.
(c) Contents of system implementation plan
The system implementation plan shall -
(1) propose and describe an integrated, comprehensive, and
coordinated mental health system for the District of Columbia;
(2) identify the types of treatment to be offered, staffing
patterns, and the proposed sites for service delivery within the
District of Columbia comprehensive mental health system;
(3) identify mechanisms to attract and retain personnel of
appropriate number and quality to meet the objectives of the
comprehensive mental health system;
(4) be in full compliance with the Federal court consent decree
in Dixon v. Heckler and all applicable District of Columbia
statutes and court decrees;
(5) identify those positions, programs, and functions at Saint
Elizabeths Hospital which are proposed for assumption by the
District, those facilities at Saint Elizabeths Hospital which are
proposed for utilization by the District under a comprehensive
District mental health system, and the staffing patterns and
programs at community facilities to which the assumed functions
are to be integrated;
(6) identify any capital improvements to facilities at Saint
Elizabeths Hospital and elsewhere in the District of Columbia
proposed for delivery of mental health services, which are
necessary for the safe and cost effective delivery of mental
health services; and
(7) identify the specific real property, buildings,
improvements, and personal property to be transferred pursuant to
section 225f(a)(1) of this title needed to provide mental health
and other services provided by the Department of Human Services
under the final system implementation plan.
(d) Consultation; labor-management advisory committee; public
comments
(1) The Mayor shall develop the system implementation plan in
close consultation with officials of Saint Elizabeths Hospital,
through working groups to be established by the Secretary and the
Mayor for that purpose.
(2) The Mayor and the Secretary shall establish a labor-
management advisory committee, requesting the participation of
Federal and District employee organizations affected by this
subchapter, to make recommendations on the system implementation
plan. The committee shall consider staffing patterns under a
comprehensive District mental health care system, retention of
Hospital employees under such system, Federal retraining for such
employees, and any other areas of concern related to the
establishment of a comprehensive District system. In developing the
system implementation plan the Mayor shall carefully consider the
recommendations of the committee. Such advisory committee shall not
be subject to the Federal Advisory Committee Act.
(3) The Mayor and such working groups shall, in developing the
plan, solicit comments from the public, which shall include
professional organizations, provider agencies and individuals, and
mental health advocacy groups in the District of Columbia.
(e) Shift of selected program responsibilities and staff resources;
commercial activity proposals; exemption of certain studies
(1) The Mayor and the Secretary may, during the service
coordination period, by mutual agreement and consistent with the
requirements of the system implementation plan direct the shift of
selected program responsibilities and staff resources from Saint
Elizabeths Hospital to the District. The Secretary may assign staff
occupying positions in affected programs to work under the
supervision of the District. The Mayor shall notify the Committee
on the District of Columbia of the House of Representatives and the
Committee on Labor and Human Resources and the Committee on
Governmental Affairs of the Senate in writing of any planned shift
in program responsibilites (!1) or staff resources not less than 30
days prior to the implementation of such shift.
(2)(A) Except as provided in subparagraph (B), after October 1,
1984, and during the service coordination period, no request for
proposals may be issued by the Secretary for any areas of
commercial activity at the Hospital pursuant to Office of
Management and Budget circular A-76.
(B) The limitation under subparagraph (A) shall not apply to
studies initiated pursuant to such circular prior to October 1,
1984.
(f) Financial and physical plant audits; repairs and renovations;
maintenance of facilities and infrastructure
(1) To assist the Mayor in the development of the system
implementation plan, the Secretary shall contract for a financial
audit and a physical plant audit of all existing facilities at the
Hospital to be completed by January 1, 1986. The financial audit
shall be conducted according to generally accepted accounting
principles. The physical plant audit shall recognize any relevant
national and District codes and estimate the useful life of
existing facility support systems.
(2)(A) Pursuant to such physical plant audit, the Secretary shall
initiate not later than October 1, 1987, and, except as provided
under an agreement entered into pursuant to subparagraph (C),
complete not later than October 1, 1993, such repairs and
renovations to such physical plant and facility support systems of
the Hospital as are to be utilized by the District under the system
implementation plan as part of a comprehensive District mental
health system, as are necessary to meet any applicable code
requirements or standards.
(B) At a minimum until October 1, 1987, the Secretary shall
maintain all other facilities and infrastructure of the Hospital
not assumed by the District in the condition described in such
audit.
(C) The Secretary may enter into an agreement with the Mayor
under which the Secretary shall provide funds to the Mayor to
complete the repairs and renovations described in subparagraph (A)
and to make other capital improvements that are necessary for the
safe and cost effective delivery of mental health services in the
District, except that $7,500,000 of the funds provided to the Mayor
under such an agreement shall be used to make capital improvements
to facilities not located at Saint Elizabeths Hospital. Of the
$7,500,000 provided for improvements to facilities not located at
the Hospital, not less than $5,000,000 shall be used to make
capital improvements to housing facilities for seriously and
chronically mentally ill individuals.
(g) Service coordination period; responsibility for providing
services
During the service coordination period, the District of Columbia
and the Secretary, to the extent provided in the Federal court
consent decree, shall be jointly responsible for providing citizens
with the full range and scope of mental health services set forth
in such decree and the system implementation plan. No provision of
this subchapter or any action or agreement during the service
coordination period may be so construed as to absolve or relieve
the District or the Federal Government of their joint or respective
responsibilities to implement fully the mandates of the Federal
court consent decree.