Bill Text: VA HB1942 | 2019 | Regular Session | Prefiled
Bill Title: Behavioral health services; exchange of medical and mental health information and records.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2019-04-03 - Governor: Acts of Assembly Chapter text (CHAP0827) [HB1942 Detail]
Download: Virginia-2019-HB1942-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§53.1-40.10, 53.1-68, and 53.1-133.03 of the Code of Virginia are amended and reenacted as follows:
§53.1-40.10. Exchange of medical and mental health information and records.
A. Whenever a person is committed to a state correctional facility, the following shall be entitled to obtain medical and mental health information and records concerning such person from a health care provider, even when such person does not provide consent or consent is not readily obtainable:
1. The person
in charge of the facility, or his
designee shall be
entitled to obtain medical records concerning such person from a health care provider.
In addition, medical and mental health information and records of any person
committed to the Department of Corrections may be exchanged among the
following:
1. Administrative
personnel for the facility in which the prisoner is imprisoned when there is
reasonable cause to believe that such information is necessary to maintain the
security and safety of the facility, its employees, or other prisoners. The
information exchanged shall continue to be confidential and disclosure shall be
limited to that necessary to ensure the safety and security of the facility, when such
information and records are necessary (i)
for the provision of health care to the person
committed, (ii) to protect the health and safety of the
person committed or other
residents or staff of the facility,
or (iii) to maintain the security and safety of the facility. Such information and
records may be exchanged among administrative personnel for the facility in
which the person is imprisoned as
necessary to maintain the security and safety of the facility, its employees,
or other prisoners. The information exchanged shall continue to be confidential
and disclosure shall be limited to that necessary to ensure the security and
safety of the facility.
2. Members of the Parole Board, as specified in §53.1-138, in order to conduct the investigation required under §53.1-155.
3. Probation and parole officers for use in parole and probation planning, release and supervision.
4. Officials within the Department for the purpose of formulating recommendations for treatment and rehabilitative programs; classification, security and work assignments; and determining the necessity for medical, dental and mental health care, treatment and programs.
5. Medical and mental health hospitals and facilities, both
public and private, including community service services boards, for use in
planning for and supervision of post-incarceration medical and mental health
care, treatment, and programs.
6. The Department for Aging and Rehabilitative Services, the Department of Social Services, and any local department of social services in the Commonwealth for the purposes of reentry planning and post-incarceration placement and services.
B. Substance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. §2.11 et seq., shall not be subject to the provisions of this section. The disclosure of results of a test for human immunodeficiency virus shall not be permitted except as provided in §32.1-36.1.
C. The
release of medical and mental health information and records to any other
agency or individual shall be subject to all regulations promulgated by the
Department which that
govern confidentiality of such records. Medical and mental health information
concerning a prisoner which that has been exchanged
pursuant to this section may be used only as provided herein and shall
otherwise remain confidential and protected from disclosure.
§53.1-68. Minimum standards for local correctional facilities and lock-ups; health inspections, behavioral health services inspections, and personnel.
A. The Board shall establish minimum standards for the construction, equipment, administration, and operation of local correctional facilities, whether heretofore or hereafter established. However, no minimum standard shall be established that includes square footage requirements in excess of accepted national standards. The Board or its agents shall conduct at least one unannounced inspection of each local facility annually. However, in those years in which a certification audit of a facility is performed and the facility is in compliance with all the standards, the Board may elect to suspend the unannounced inspection based upon that certification audit and the history of compliance of the facility with the standards promulgated in accordance with this section, except in any year in which there is a change in the administration of a local or regional jail. The Board shall also establish minimum standards for the construction, equipment, and operation of lock-ups, whether heretofore or hereafter established. However, no minimum standard shall be established that includes square footage requirements in excess of accepted national standards.
B. Standards concerning sanitation in local correctional facilities and procedures for enforcing these standards shall be promulgated by the Board with the advice and guidance of the State Health Commissioner. The Board, in conjunction with the Board of Health, shall establish a procedure for the conduct of at least one unannounced annual health inspection by the State Health Commissioner or his agents of each local correctional facility. The Board and the State Health Commissioner may authorize such other announced or unannounced inspections as they consider appropriate.
C. The Board shall establish minimum standards for behavioral health services in local correctional facilities and procedures for enforcing such minimum standards, with the advice of and guidance from the Commissioner of Behavioral Health and Developmental Services and the State Inspector General. Such standards shall include forensic discharge planning services and regulations directing the sharing of medical and mental health information and records in accordance with §53.1-133.03.
Such standards shall include procedures for the conduct of at least one unannounced annual inspection of each local correctional facility by the Board or its agents to determine compliance with the standards for behavioral health services established pursuant to this subsection and such other announced or unannounced inspections as the Board may deem necessary to ensure compliance with the standards for behavioral health services established pursuant to this subsection.
Such standards shall also include a procedure by which a community services board that provides behavioral health services in the local correctional facility may bill the sheriff or superintendent for the provision of such services and by which the sheriff or superintendent shall pay for such behavioral health services if provided by the community services board in accordance with §53.1-126.
As used in this subsection, "forensic discharge planning services" means the (i) screening and assessment of psychiatric, medical, social services, employment, and residential needs, as well as risk factors, upon entry into a local correctional facility for all incarcerated persons; (ii) provision of appropriate behavioral health services to incarcerated persons to reflect the assessed needs of such person; (iii) development of a discharge plan for those persons who have been assessed as requiring behavioral health services that will provide such person with a continuum of care after being released from the local correctional facility; and (iv) coordination of care with community providers and community supervision agencies as provided by the discharge plan for those persons who have been assessed as needing behavioral health services when released from incarceration, including the exchange of treatment records, communication of treatment needs, and linkage of those recently released persons with a local community services board or other available services and support options. Forensic discharge planning services shall begin as soon as possible upon entry into the local correctional facility and shall continue after a person has been released from incarceration for a period of 30 days or until the individual has started to receive appropriate services and support by a provider identified in the discharge plan, whichever is sooner. A discharge plan for those offenders who have been assessed as requiring behavioral health services shall be developed as soon as possible after a person has been assessed.
D. The Department of Criminal Justice Services, in accordance with §9.1-102, shall establish minimum training standards for persons designated to provide courthouse and courtroom security pursuant to the provisions of §53.1-120 and for persons employed as jail officers or custodial officers under the provisions of this title. The sheriff shall establish minimum performance standards and management practices to govern the employees for whom the sheriff is responsible.
D. E. The superintendent of a
regional jail or jail farm shall establish minimum performance standards and
management practices to govern the employees for whom the superintendent is
responsible.
§53.1-133.03. Exchange of medical and mental health information and records.
Notwithstanding
any other provision of law relating to disclosure and confidentiality of
patient records maintained by a health care provider, whenever A. Whenever a
person is committed to a local or regional correctional facility, the following shall
be entitled to obtain medical and
mental health information and records concerning such
person from a health care provider,
even when such person does not provide
consent or consent is not readily obtainable:
1. The
person in charge of the facility,
or his designee shall be entitled
to obtain medical records concerning such person from a health care provider.
In addition, medical and mental health information and records of any person
committed to jail, and transferred to another correctional facility, may be
exchanged among the following:
1. Administrative
personnel of the correctional facilities involved and of the administrative
personnel within the holding facility when there is reasonable cause to believe
that such information is necessary to maintain the security and safety of the
holding facility, its employees, or prisoners. The information exchanged shall
continue to be confidential and disclosure shall be limited to that necessary
to ensure the safety and security of the facility, when such
information and records are necessary (i) for the provision of health care to
the person committed, (ii) to protect the health and safety of the person
committed or other residents or staff of the facility,
or (iii) to maintain the security and safety of the facility. Such information and records of any person
committed to jail and transferred to another correctional facility may be
exchanged among administrative personnel of the correctional facilities
involved and of the administrative personnel within the holding facility when
there is reasonable cause to believe that such information is necessary to
maintain the security and safety of the holding facility, its employees, or
prisoners. The information exchanged shall continue to be confidential and
disclosure shall be limited to that necessary to ensure the security and safety
of the facility.
2. Members of the Parole Board or its designees, as specified in §53.1-138, in order to conduct the investigation required under §53.1-155.
3. Probation and parole officers for use in parole and probation planning, release and supervision.
4. Officials of the facilities involved and officials within the holding facility for the purpose of formulating recommendations for treatment and rehabilitative programs; classification, security and work assignments; and determining the necessity for medical, dental and mental health care, treatment and other such programs.
5. Medical and mental health hospitals and facilities, both
public and private, including community service services boards and health
departments, for use in treatment while committed to jail or a correctional
facility while under supervision of a probation or parole officer.
B. Substance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. §2.11 et seq., shall not be subject to the provisions of this section. The disclosure of results of a test for human immunodeficiency virus shall not be permitted except as provided in §§32.1-36.1 and 32.1-116.3.
C. The
release of medical and mental health information and records to any other
agency or individual shall be subject to all regulations promulgated by the
Board of Corrections which that govern confidentiality of
such records. Medical and mental health information concerning a prisoner which that
has been exchanged pursuant to this section may be used only as provided herein
and shall otherwise remain confidential and protected from disclosure.
D. Nothing
contained in this section shall prohibit the release of records to the
Department of Health Professions or health regulatory boards consistent with
Subtitle III (§54.1-2400 et seq.) of Title 54.1 of
the Code of Virginia.
