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Current through October 23, 2012
(a)(1) Subject to subsection (g) of this section and § 44-908(b)(1), 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)(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 § 1-204.22(12).
(4) After the review of the Council pursuant to paragraph (3) of this subsection, 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) 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 § 44-907(a)(1) needed to provide mental health and other services provided by the Department of Human Services under the final system implementation plan.
(d)(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)(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 responsibilities or staff resources not less than 30 days prior to the implementation of such shift.
(2)(A) Except as provided in subparagraph (B) of this paragraph, 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) of this paragraph shall not apply to studies initiated pursuant to such circular prior to October 1, 1984.
(f)(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) of this paragraph, 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) of this paragraph 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) 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.
(Nov. 8, 1984, 98 Stat. 3369, Pub. L. 98-621, § 4; Oct. 31, 1991, 105 Stat. 980, Pub. L. 102-150, §§ 2, 3(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 32-623.
Effective Dates
For effective date of this subchapter, see Historical and Statutory Notes following § 44-901.
References in Text
The Federal Advisory Committee Act, referred to at the end of subsection (d)(2), appears as Appendix 2 of Title 5 of the United States Code.
Delegation of Authority
Delegation of authority under Public Law 98-621, see Mayor's Order 85-162, September 26, 1985.
Miscellaneous Notes
Council recommendations on preliminary system implementation plan: Pursuant to Resolution 6-566, the "Preliminary System Implementation Plan for a Comprehensive District Mental Health System Recommendation Resolution of 1986," effective February 25, 1986, the Council expressed its recommendations regarding revisions to the preliminary system implementation plan for a comprehensive District mental health system proposed by the Mayor.
Mental Health System Reorganization Office established: See Mayor's Order 84- 196, November 1, 1984.
