§ 37.2-837. Discharge from state hospitals or training centers, conditionalrelease, and trial or home visits for consumers.
A. Except for a state hospital consumer held upon an order of a court for acriminal proceeding, the director of a state hospital or training center maydischarge, after the preparation of a discharge plan:
1. Any consumer in a state hospital who, in his judgment, (a) is recovered,(b) does not have a mental illness, or (c) is impaired or not recovered butwhose discharge will not be detrimental to the public welfare or injurious tothe consumer;
2. Any consumer in a state hospital who is not a proper case for treatmentwithin the purview of this chapter; or
3. Any consumer in a training center who chooses to be discharged or, if theconsumer lacks the mental capacity to choose, whose legally authorizedrepresentative chooses for him to be discharged. Pursuant to regulations ofthe Centers for Medicare & Medicaid Services and the Department of MedicalAssistance Services, no consumer at a training center who is enrolled inMedicaid shall be discharged if the consumer or his legally authorizedrepresentative on his behalf chooses to continue receiving services in atraining center.
For all individuals discharged, the discharge plan shall be formulated inaccordance with the provisions of § 37.2-505 by the community services boardor behavioral health authority that serves the city or county where theconsumer resided prior to admission or by the board or authority that servesthe city or county where the consumer or his legally authorizedrepresentative on his behalf chooses to reside immediately following thedischarge. The discharge plan shall be contained in a uniform dischargedocument developed by the Department and used by all state hospitals,training centers, and community services boards or behavioral healthauthorities, and shall identify (i) the services, including mental health,mental retardation, substance abuse, social, educational, medical,employment, housing, legal, advocacy, transportation, and other services thatthe consumer will require upon discharge into the community and (ii) thepublic or private agencies that have agreed to provide these services. If theindividual will be housed in an assisted living facility, as defined in §63.2-100, the discharge plan shall identify the facility, document itsappropriateness for housing and capacity to care for the consumer, containevidence of the facility's agreement to admit and care for the consumer, anddescribe how the community services board or behavioral health authority willmonitor the consumer's care in the facility.
B. The director may grant a trial or home visit to a consumer in accordancewith regulations adopted by the Board. The state facility granting a trial orhome visit to a consumer shall not be liable for his expenses during theperiod of that visit. Such liability shall devolve upon the relative,conservator, person to whose care the consumer is entrusted while on thetrial or home visit, or the appropriate local department of social servicesof the county or city in which the consumer resided at the time of admissionpursuant to regulations adopted by the State Board of Social Services.
C. Any consumer who is discharged pursuant to subdivision A 2 shall, ifnecessary for his welfare, be received and cared for by the appropriate localdepartment of social services. The provision of public assistance or socialservices to the consumer shall be the responsibility of the appropriate localdepartment of social services as determined by regulations adopted by theState Board of Social Services. Expenses incurred for the provision of publicassistance to the consumer who is receiving 24-hour care while in an assistedliving facility licensed pursuant to Chapters 17 (§ 63.2-1700 et seq.) and 18(§ 63.2-1800 et seq.) of Title 63.2 shall be the responsibility of theappropriate local department of social services of the county or city inwhich the consumer resided at the time of admission.
(Code 1950, § 37-94; 1950, p. 912; 1968, c. 477, § 37.1-98; 1972, c. 639;1976, c. 671; 1977, c. 189; 1980, c. 582; 1985, c. 87; 1986, cc. 256, 309;1993, cc. 957, 993; 1998, c. 680; 2002, cc. 62, 557, 747; 2005, c. 716; 2008,c. 263.)
§ 37.2-837. Discharge from state hospitals or training centers, conditionalrelease, and trial or home visits for consumers.
A. Except for a state hospital consumer held upon an order of a court for acriminal proceeding, the director of a state hospital or training center maydischarge, after the preparation of a discharge plan:
1. Any consumer in a state hospital who, in his judgment, (a) is recovered,(b) does not have a mental illness, or (c) is impaired or not recovered butwhose discharge will not be detrimental to the public welfare or injurious tothe consumer;
2. Any consumer in a state hospital who is not a proper case for treatmentwithin the purview of this chapter; or
3. Any consumer in a training center who chooses to be discharged or, if theconsumer lacks the mental capacity to choose, whose legally authorizedrepresentative chooses for him to be discharged. Pursuant to regulations ofthe Centers for Medicare & Medicaid Services and the Department of MedicalAssistance Services, no consumer at a training center who is enrolled inMedicaid shall be discharged if the consumer or his legally authorizedrepresentative on his behalf chooses to continue receiving services in atraining center.
For all individuals discharged, the discharge plan shall be formulated inaccordance with the provisions of § 37.2-505 by the community services boardor behavioral health authority that serves the city or county where theconsumer resided prior to admission or by the board or authority that servesthe city or county where the consumer or his legally authorizedrepresentative on his behalf chooses to reside immediately following thedischarge. The discharge plan shall be contained in a uniform dischargedocument developed by the Department and used by all state hospitals,training centers, and community services boards or behavioral healthauthorities, and shall identify (i) the services, including mental health,mental retardation, substance abuse, social, educational, medical,employment, housing, legal, advocacy, transportation, and other services thatthe consumer will require upon discharge into the community and (ii) thepublic or private agencies that have agreed to provide these services. If theindividual will be housed in an assisted living facility, as defined in §63.2-100, the discharge plan shall identify the facility, document itsappropriateness for housing and capacity to care for the consumer, containevidence of the facility's agreement to admit and care for the consumer, anddescribe how the community services board or behavioral health authority willmonitor the consumer's care in the facility.
B. The director may grant a trial or home visit to a consumer in accordancewith regulations adopted by the Board. The state facility granting a trial orhome visit to a consumer shall not be liable for his expenses during theperiod of that visit. Such liability shall devolve upon the relative,conservator, person to whose care the consumer is entrusted while on thetrial or home visit, or the appropriate local department of social servicesof the county or city in which the consumer resided at the time of admissionpursuant to regulations adopted by the State Board of Social Services.
C. Any consumer who is discharged pursuant to subdivision A 2 shall, ifnecessary for his welfare, be received and cared for by the appropriate localdepartment of social services. The provision of public assistance or socialservices to the consumer shall be the responsibility of the appropriate localdepartment of social services as determined by regulations adopted by theState Board of Social Services. Expenses incurred for the provision of publicassistance to the consumer who is receiving 24-hour care while in an assistedliving facility licensed pursuant to Chapters 17 (§ 63.2-1700 et seq.) and 18(§ 63.2-1800 et seq.) of Title 63.2 shall be the responsibility of theappropriate local department of social services of the county or city inwhich the consumer resided at the time of admission.
(Code 1950, § 37-94; 1950, p. 912; 1968, c. 477, § 37.1-98; 1972, c. 639;1976, c. 671; 1977, c. 189; 1980, c. 582; 1985, c. 87; 1986, cc. 256, 309;1993, cc. 957, 993; 1998, c. 680; 2002, cc. 62, 557, 747; 2005, c. 716; 2008,c. 263.)
§ 37.2-837. Discharge from state hospitals or training centers, conditionalrelease, and trial or home visits for consumers.
A. Except for a state hospital consumer held upon an order of a court for acriminal proceeding, the director of a state hospital or training center maydischarge, after the preparation of a discharge plan:
1. Any consumer in a state hospital who, in his judgment, (a) is recovered,(b) does not have a mental illness, or (c) is impaired or not recovered butwhose discharge will not be detrimental to the public welfare or injurious tothe consumer;
2. Any consumer in a state hospital who is not a proper case for treatmentwithin the purview of this chapter; or
3. Any consumer in a training center who chooses to be discharged or, if theconsumer lacks the mental capacity to choose, whose legally authorizedrepresentative chooses for him to be discharged. Pursuant to regulations ofthe Centers for Medicare & Medicaid Services and the Department of MedicalAssistance Services, no consumer at a training center who is enrolled inMedicaid shall be discharged if the consumer or his legally authorizedrepresentative on his behalf chooses to continue receiving services in atraining center.
For all individuals discharged, the discharge plan shall be formulated inaccordance with the provisions of § 37.2-505 by the community services boardor behavioral health authority that serves the city or county where theconsumer resided prior to admission or by the board or authority that servesthe city or county where the consumer or his legally authorizedrepresentative on his behalf chooses to reside immediately following thedischarge. The discharge plan shall be contained in a uniform dischargedocument developed by the Department and used by all state hospitals,training centers, and community services boards or behavioral healthauthorities, and shall identify (i) the services, including mental health,mental retardation, substance abuse, social, educational, medical,employment, housing, legal, advocacy, transportation, and other services thatthe consumer will require upon discharge into the community and (ii) thepublic or private agencies that have agreed to provide these services. If theindividual will be housed in an assisted living facility, as defined in §63.2-100, the discharge plan shall identify the facility, document itsappropriateness for housing and capacity to care for the consumer, containevidence of the facility's agreement to admit and care for the consumer, anddescribe how the community services board or behavioral health authority willmonitor the consumer's care in the facility.
B. The director may grant a trial or home visit to a consumer in accordancewith regulations adopted by the Board. The state facility granting a trial orhome visit to a consumer shall not be liable for his expenses during theperiod of that visit. Such liability shall devolve upon the relative,conservator, person to whose care the consumer is entrusted while on thetrial or home visit, or the appropriate local department of social servicesof the county or city in which the consumer resided at the time of admissionpursuant to regulations adopted by the State Board of Social Services.
C. Any consumer who is discharged pursuant to subdivision A 2 shall, ifnecessary for his welfare, be received and cared for by the appropriate localdepartment of social services. The provision of public assistance or socialservices to the consumer shall be the responsibility of the appropriate localdepartment of social services as determined by regulations adopted by theState Board of Social Services. Expenses incurred for the provision of publicassistance to the consumer who is receiving 24-hour care while in an assistedliving facility licensed pursuant to Chapters 17 (§ 63.2-1700 et seq.) and 18(§ 63.2-1800 et seq.) of Title 63.2 shall be the responsibility of theappropriate local department of social services of the county or city inwhich the consumer resided at the time of admission.
(Code 1950, § 37-94; 1950, p. 912; 1968, c. 477, § 37.1-98; 1972, c. 639;1976, c. 671; 1977, c. 189; 1980, c. 582; 1985, c. 87; 1986, cc. 256, 309;1993, cc. 957, 993; 1998, c. 680; 2002, cc. 62, 557, 747; 2005, c. 716; 2008,c. 263.)
