24 U.S.C. § 225b — Development of plan for mental health

Page 18 TITLE 24—HOSPITALS AND ASYLUMS § 225b (4) The term ‘‘District’’ means the District of Columbia. (5) The term ‘‘Federal court consent decree’’ means the consent decree in Dixon v. Heckler, Civil Action No. 74–285. (6) The term ‘‘service coordination period’’ means a period beginning on October 1, 1985, and terminating on October 1, 1987. (7) The term ‘‘financial transition period’’ means a period beginning on October 1, 1985, and terminating on October 1, 1991. (8) The term ‘‘system implementation plan’’ means the plan for a comprehensive mental health system for the District of Columbia to be developed pursuant to this subchapter. (9) The term ‘‘Council’’ means the Council of the District of Columbia. (Pub. L. 98–621, § 3, Nov. 8, 1984, 98 Stat. 3371.) § 225b. Development of plan for mental health system for the District (a) Responsibility for mental health services; ef- fective 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 establish- ment of a comprehensive District mental health system to provide mental health services and programs through community mental health fa- cilities to individuals in the District of Colum- bia. (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 sys- tem 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 regard- ing any revisions to such plan no later than 60 days after such submission. The Mayor shall submit the revised preliminary plan to the Com- mittee 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 Co- lumbia 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 Representa- tives 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 sub- chapter. (c) Contents of system implementation plan The system implementation plan shall— (1) propose and describe an integrated, com- prehensive, and coordinated mental health system for the District of Columbia; (2) identify the types of treatment to be of- fered, staffing patterns, and the proposed sites for service delivery within the District of Co- lumbia comprehensive mental health system; (3) identify mechanisms to attract and re- tain personnel of appropriate number and quality to meet the objectives of the com- prehensive 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 Dis- trict 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 fa- cilities at Saint Elizabeths Hospital and else- where in the District of Columbia proposed for delivery of mental health services, which are necessary for the safe and cost effective deliv- ery of mental health services; and (7) identify the specific real property, build- ings, 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 imple- mentation plan. (d) Consultation; labor-management advisory committee; public comments (1) The Mayor shall develop the system imple- mentation plan in close consultation with offi- cials of Saint Elizabeths Hospital, through working groups to be established by the Sec- retary and the Mayor for that purpose. (2) The Mayor and the Secretary shall estab- lish a labor-management advisory committee, requesting the participation of Federal and Dis- trict employee organizations affected by this subchapter, to make recommendations on the system implementation plan. The committee shall consider staffing patterns under a com- prehensive District mental health care system, retention of Hospital employees under such sys- tem, Federal retraining for such employees, and any other areas of concern related to the estab- lishment of a comprehensive District system. In developing the system implementation plan the Mayor shall carefully consider the recommenda- tions of the committee. Such advisory com- mittee shall not be subject to chapter 10 of title 5. Page 19 TITLE 24—HOSPITALS AND ASYLUMS § 225b 1 So in original. Probably should be ‘‘responsibilities’’. (3) The Mayor and such working groups shall, in developing the plan, solicit comments from the public, which shall include professional or- ganizations, provider agencies and individuals, and mental health advocacy groups in the Dis- trict of Columbia. (e) Shift of selected program responsibilities and staff resources; commercial activity pro- posals; 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 Dis- trict of Columbia of the House of Representa- tives 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 re- sources not less than 30 days prior to the imple- mentation of such shift. (2)(A) Except as provided in subparagraph (B), after October 1, 1984, and during the service co- ordination period, no request for proposals may be issued by the Secretary for any areas of com- mercial activity at the Hospital pursuant to Of- fice 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 phys- ical 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 rel- evant national and District codes and estimate the useful life of existing facility support sys- tems. (2)(A) Pursuant to such physical plant audit, the Secretary shall initiate not later than Octo- ber 1, 1987, and, except as provided under an agreement entered into pursuant to subpara- graph (C), complete not later than October 1, 1993, such repairs and renovations to such phys- ical 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 sys- tem, 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 agree- ment with the Mayor under which the Secretary shall provide funds to the Mayor to complete the repairs and renovations described in sub- paragraph (A) and to make other capital im- provements 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 im- provements 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 indi- viduals. (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 de- cree, 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 dur- ing the service coordination period may be so construed as to absolve or relieve the District or the Federal Government of their joint or respec- tive responsibilities to implement fully the mandates of the Federal court consent decree. (Pub. L. 98–621, § 4, Nov. 8, 1984, 98 Stat. 3371; Pub. L. 102–150, §§ 2, 3(a), Oct. 31, 1991, 105 Stat. 980; Pub. L. 105–33, title XI, § 11717(b), Aug. 5, 1997, 111 Stat. 786; Pub. L. 117–286, § 4(a)(179), Dec. 27, 2022, 136 Stat. 4325.) Editorial Notes 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, which is not classified to the Code. AMENDMENTS 2022—Subsec. (d)(2). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act.’’ 1997—Subsec. (b)(3). Pub. L. 105–33 substituted ‘‘Dis- trict of Columbia Home Rule Act’’ for ‘‘District of Co- lumbia Self-Government and Governmental Reorga- nization Act’’. 1991—Subsec. (a)(2). Pub. L. 102–150, § 3(a), substituted ‘‘October 1, 1993’’ for ‘‘October 1, 1991’’. Subsec. (f)(2)(A). Pub. L. 102–150, §§ 2(1), 3(a), sub- stituted ‘‘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, § 2(2), added subpar. (C). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. Page 20 TITLE 24—HOSPITALS AND ASYLUMS § 225c 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 Hun- dred Sixth Congress, Jan. 6, 1999. Committee on Gov- ernment Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Rep- resentatives changed to Committee on Oversight and Reform of House of Representatives by House Resolu- tion No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Con- gress, Jan. 9, 2023. TERMINATION OF CLAIMS Pub. L. 109–396, title I, § 102, Dec. 15, 2006, 120 Stat. 2712, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, the United States is not required to per- form, or to reimburse the District of Columbia for the cost of performing, any of the following services: ‘‘(1) Repairs or renovations pursuant to section 4(f) of the Saint Elizabeths Hospital and District of Co- lumbia Mental Health Services Act (24 U.S.C. 225b(f); sec. 44–903(f), D.C. Official Code). ‘‘(2) Preservation, maintenance, or repairs pursuant to a use permit executed on September 30, 1987, under which the United States (acting through the Sec- retary of Health and Human Services) granted per- mission to the District of Columbia to use and occupy portions of the Saint Elizabeths Hospital property known as the ‘West Campus’. ‘‘(3) Mental health diagnostic and treatment serv- ices for referrals as described in section 9(b) of the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act (24 U.S.C. 225g(b); sec. 44–908(b), D.C. Official Code), but only with respect to services provided on or before the date of the enact- ment of this Act [Dec. 15, 2006]. ‘‘(b) EFFECT ON PENDING CLAIMS.—Any claim of the District of Columbia against the United States for the failure to perform, or to reimburse the District of Co- lumbia for the cost of performing, any service described in subsection (a) which is pending as of the date of the enactment of this Act shall be extinguished and termi- nated.’’ § 225c. Congressional review of system implemen- tation plan (a) The Committee on the District of Columbia of the House of Representatives and the Com- mittee on Labor and Human Resources and the Committee on Governmental Affairs of the Sen- ate shall review the preliminary system imple- mentation plan transmitted by the Mayor pur- suant to section 225b of this title to determine the extent of its compliance with the provisions of section 225(b) of this title and section 225b of this title, and transmit written recommenda- tions regarding any revisions to the preliminary plan to the Mayor not later than 60 days after receipt of such plan. (b) The Committee on the District of Columbia of the House of Representatives and the Com- mittee on Labor and Human Resources and the Committee on Governmental Affairs of the Sen- ate shall, within 90 days of submission of the final system implementation plan by the Mayor pursuant to section 225b of this title, review such plan to determine the extent to which it is in compliance with the provisions of section 225(b) of this title and section 225b of this title. (Pub. L. 98–621, § 5, Nov. 8, 1984, 98 Stat. 3374.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. 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 Hun- dred Sixth Congress, Jan. 6, 1999. Committee on Gov- ernment Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Rep- resentatives changed to Committee on Oversight and Reform of House of Representatives by House Resolu- tion No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Con- gress, Jan. 9, 2023. § 225d. Transition provisions for employees of Hospital (a) Retirement opportunity Employees of the Hospital directly affected by the assumption of programs and functions by the District government who meet the require- ments for immediate retirement under the pro- visions of section 8336(d) of title 5 shall be ac- corded the opportunity to retire during the 30- day period prior to the assumption of such pro- grams and functions. (b) Specific number and types of positions; trans- fer to District employment (1) The system implementation plan shall pre- scribe the specific number and types of positions