§ 225b. — Development of plan for mental health system for the District.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 24USC225b]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 4--SAINT ELIZABETHS HOSPITAL
SUBCHAPTER III--MENTAL HEALTH SERVICE FOR DISTRICT OF COLUMBIA
Sec. 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.
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\1\ So in original. Probably should be ``responsibilities''.
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(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.
(Pub. L. 98-621, Sec. 4, Nov. 8, 1984, 98 Stat. 3371; Pub. L. 102-150,
Secs. 2, 3(a), Oct. 31, 1991, 105 Stat. 980; Pub. L. 105-33, title XI,
Sec. 11717(b), Aug. 5, 1997, 111 Stat. 786.)
References in Text
Section 422 of the District of Columbia Home Rule Act, referred to
in subsec. (b)(3), is section 422 of Pub. L. 93-198, title IV, Dec. 24,
1973, 87 Stat. 790, as amended, which is not classified to the Code.
The Federal Advisory Committee Act, referred to in subsec. (d)(2),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in Title 5, Appendix, Government Organization and Employees.
Amendments
1997--Subsec. (b)(3). Pub. L. 105-33 substituted ``District of
Columbia Home Rule Act'' for ``District of Columbia Self-Government and
Governmental Reorganization Act''.
1991--Subsec. (a)(2). Pub. L. 102-150, Sec. 3(a), substituted
``October 1, 1993'' for ``October 1, 1991''.
Subsec. (f)(2)(A). Pub. L. 102-150, Secs. 2(1), 3(a), substituted
``and, except as provided under an agreement entered into pursuant to
subparagraph (C), complete'' for ``and complete'' and ``October 1,
1993'' for ``October 1, 1991''.
Subsec. (f)(2)(C). Pub. L. 102-150, Sec. 2(2), added subpar. (C).
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-33 effective Oct. 1, 1997, except as
otherwise provided in title XI of Pub. L. 105-33, see section 11721 of
Pub. L. 105-33, set out as a note under section 4246 of Title 18, Crimes
and Criminal Procedure.
Abolition of House Committee on the District of Columbia
Committee on the District of Columbia of House of Representatives
abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan.
4, 1995. References to Committee on the District of Columbia treated as
referring to Committee on Government Reform and Oversight of House of
Representatives, see section 1(b) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress. Committee on Government
Reform and Oversight of House of Representatives changed to Committee on
Government Reform of House of Representatives by House Resolution No. 5,
One Hundred Sixth Congress, Jan. 6, 1999.
Section Referred to in Other Sections
This section is referred to in sections 225c, 225f, 225g of this
title.
