Some proposals in the legislature attempt to deal with the “extraordinary barriers” list (EBL) in state mental health hospitals. The EBL is a list of people who the hospital’s treatment teams believe no longer need hospital level of care, but who are still unable to return to the community. The problem is complex – the bills below deal only with the responsibility of Community Services Boards to develop discharge plans on time.
The Department of Behavioral Health and Developmental Services has offered to launch a pilot program in three state hospitals, using hospital staff trained in discharge planning to assist with more challenging discharge plans.
The current legislative proposals are:
- SB 179 (Favola) allows the state hospital, rather than the CSB, to develop a discharge plan for any individual who has been in the hospital for 30 days or less. This bill was heard in the Senate Education and Health, Subcommittee on Health. The patron converted her bill to recognize the pilot proposed by the Department. The bill was recommended for approval.
- HB 314 (Hope) allows the state hospital, rather than the CSB, to develop a discharge plan for any individual who has been in the hospital for 30 days or less. This bill will be in the House Committee on Health and Human Services, Subcommittee on Health. It will probably be heard next Tuesday.
- HB 515 (Hope) states that the Commissioner of Behavioral Health and Developmental Services has the authority to discharge someone ready for discharge, with an appropriate plan, after 15 days over the objection of the guardian or delays by the community services board. This bill will be in the House Committee on Health and Human Services, Subcommittee on Behavioral Health. The hearing was on Thursday morning at 7:30.
We are available to educate policymakers about the potential impact of legislative proposals. Please let us know of any issues that you think we should be following. Contact us at ga@dlcv.org or info@dlcv.org or by calling 1-800-552-3962 or 1-804-225-2042.
The mission of the disAbility Law Center of Virginia is to advance independence, choice, and self-determination; protect legal, human, and civil rights; and eliminate abuse, neglect, and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.