The disAbility Law Center of Virginia testified in the General Assembly about our deep concerns about the number of people who are in state hospitals but no longer meet the standards for involuntary commitment. Holding someone past the time they are a danger to themselves or others violates the U.S. Constitution.
The Extraordinary Barriers List, or EBL, is a list of people – often up to 200 — who no longer need hospital level of care but are unable to return to the community. The problem is complex, with many different kinds of barriers preventing discharge. This year, the legislature passed bills that address only Community service boards’ responsibility to develop discharge plans on time. The Department of Behavioral Health and Developmental Services has offered to launch some pilot programs in selected state hospitals, using hospital staff trained in discharge planning to assist with more challenging discharge plans.
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 or delays by the Community Services Board. We expect this pilot program to take place at Catawba Hospital. The Governor has until April 8th at midnight to act on this bill.
SB 179 (Favola) and HB 314 (Hope) allow 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. We expect this pilot program to take place at Central State Hospital, Southwestern Virginia Mental Health Institute, and Southern Virginia Mental Health Institute. The Governor has signed SB 179 but has until April 8th to act on the identical bill, HB 314.
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. We are available to educate policymakers about the potential impact of legislative proposals. Contact us at ga@dlcv.org, or info@dlcv.org, or by calling 1-800-552-3962 or 1-804-225-2042.