COMMITTEE ON HEALTH, HOSPITALS AND HUMAN SERVICES BILL NO. 32-0247 Thirty-Second Legislature of the Virgin Islands August 15, 2018 An Act amending the Virgin Islands Code, titles 3, 5, 14, 15, 16, 19, 23, 27, and 34 to change all references to mental health to behavioral health; amending title 19, chapter 31, section 716 (a) relating to the Citizens Council on Mental Illness Alcoholism and Drug Dependency; repealing section 14 of Act No. 7897 and section 2, paragraph (1) of Act No. 7697; appropriating $3,000,000 for the establishment of a behavioral health care facility on the island of St. Croix; and establishing requirements for the operation of in- patient and out-patient treatment programs at the behavioral health care facility PROPOSED BY: Senators Novelle E. Francis, Jr., Nereida Rivera-O’Reilly, and Kurt A. Vialet Co Sponsor: Janelle K. Sarauw WHEREAS, there is a critical need for an inpatient psychiatric unit on the island 1 of St. Croix; and 2 WHEREAS, the inpatient psychiatric unit of the Juan F. Luis Hospital closed in 3 2012; and 4 WHEREAS, there are approximately 700 persons registered within the Virgin 5 Islands Department of Health to receive behavioral health outpatient services- 300 on St. 6 Thomas, 300 in Christiansted, 90 in Frederiksted and 26 on St. John; and 7 2 WHEREAS, the short -term intake solutions provided by the Juan F. Luis 1 Hospital and the Roy L. Schneider Regional Medical Facility are inadequate for persons 2 needing acute care; and 3 WHEREAS, the lack of a local facility to house persons with behavioral health 4 issues requiring long-term care requires the territory to spend several millions every year 5 to house these patients in facilities in California, Georgia, Puerto Rico and Texas; and 6 WHEREAS, on September 23, 2016, Governor Kenneth E. Mapp declared a state 7 of emergency in mental health care; and 8 WHEREAS, the Legislature finds and declares that the establishment of a 9 behavioral health care facility will benefit residents in need of behavioral health care; 10 Now, Therefore, 11 Be it enacted by the Legislature of the Virgin Islands: 12 SECTION 1. (a) The following sections of the Virgin Islands Code are amended 13 by striking every occurrence of the term, “mental health”, and inserting “behavioral 14 health”: 15 (1) Title 3, § 418, § 418a; 16 (2) Title 5, §67, §853, §2502, §2533; 17 (3) Title 14, §1721, §1725; 18 (4) Title 15, §5-207, §5-314, §5-316; 19 (5) Title 16, §99c; 20 (6) Title 19, § 153, §162, §221, §711, §712, §713, §716 (c), §721, §722, §723, 21 §723a, §4101. §4102, §4103, §4110, §4112, §4114, §4117 22 (7) Title 23, §10, §456a; 23 (8) Title 27, §169a, §169h, §169j, §201, §202, §206, §207, §2010, §2019; and 24 (9) Title 34, §163, §452. 25 3 (b) Title 19 Virgin Islands Code, chapter 31, section 716, (c) is amended in 1 the following instances: 2 3 (a) by striking “Citizens Advisory Council on Mental Illness 4 Alcoholism and Drug Dependency” and inserting “Virgin Islands Behavioral 5 Health, Alcoholism and Drug Dependency Planning Council and Advisory 6 Board”; and 7 (b) by adding the following at the end of the first sentence after 8 “guidelines”: “including a youth representative, family members of consumers, 9 members of provider agencies, and representatives from the Department of 10 Health, the Department of Human Services and a Federally Qualified Health 11 Facility”. 12 SECTION 2. Act No. 7897, section 14 is repealed. 13 SECTION 3. Act No. 7697, section 2 is amended by striking paragraph (1) in its 14 entirety. 15 SECTION 4. The following sums are appropriated from the General Fund to the 16 Department of Health in the fiscal year ending September 30, 2019, for a behavioral 17 health care facility on the island of St. Croix. 18 (a) From the savings realized in section 2 of this act, the sum of $2,000,000 is 19 appropriate for development of real property at Plot No. 184 in Estate Anna’s Hope, St. 20 Croix, Virgin Islands, including the design and construction of an inpatient psychiatric 21 services facility; and 22 (b) From the saving realized in section 3 of this act, the sum of $1,000,000 is 23 appropriated for the development of Outpatient intensive treatment program. 24 4 SECTION 5. The Department of health shall establish behavioral health facility 1 that must: 2 (1) contain a minimum of 25 inpatient beds; 3 (2) provide outpatient services, including specialized outpatient services 4 for children, the elderly, individuals who are have chronic behavioral health issues, 5 and residents of its behavioral health service area who have been discharged from 6 inpatient treatment; 7 (3) provide 24-hour-a-day emergency care services; 8 (4) provide day treatment or other partial hospitalization services, or 9 psychosocial rehabilitation services; and 10 (5) comply with all local and federal licensing and accreditation standards to 11 meet individual patient needs for children, adolescents and adults; and 12 (6) address the critical needs and recommendations identified in the Five- 13 Year Mental Health Plan. 14 SECTION 6. The sum authorized and appropriated in section 4 remain available 15 until expended. 16 BILL SUMMARY 17 Section 1 amends the Virgin Islands Code to change all references to “mental 18 health” to behavioral health. 19 Section 2 repeals section 14 of Act 7897, which appropriated 2,000,000 from the 20 St. Croix Capital Improvement Fund to the Virgin Islands Housing Finance Authority to 21 access Federal New Market Tax Credit funding for the purpose of financing the 22 construction of a new Herbert Grigg Home for the Aged. 23 Section 3 of the bill repeals section 2 paragraph (1) of Act No. 7697 which 24 appropriated $1,000,000.00 o the Governor Juan F. Luis Hospital and Medical Facility to 25 rebuild and restore the acute care inpatient psychiatric unit. 26 5 Section 4 appropriated $3,000,000 to the Department of Health for a behavioral 1 health care facility. 2 Section 5 imposes requirements for the operation of the behavioral health care 3 facility. 4 Section 6 provides for non- lapsing appropriations in the bill. 5 6 BR17-0727/August 15, 2018/YLT 7