CHAPTER 70
An Act to amend and reenact §§ 32.1-122.10:001 and 32.1-122.10:002 of the Code
of Virginia, and to amend and reenact the second enactment of Chapter 671 of the Acts of
Assembly of 2001, relating to local health partnership authorities.
[S 1068]
Approved March 16, 2003
Be it enacted by the General Assembly of Virginia:
1. That §§ 32.1-122.10:001 and 32.1-122.10:002 of the Code of Virginia are
amended and reenacted as follows:
§ 32.1-122.10:001. Purpose; one or more localities may create authority;
advertisement and notice of hearing.
A. Communities lack the ability to coordinate, across jurisdictions, health
partnership efforts between local governments and private providers of health
care services, which leads to duplicative and inefficient services. Such
public/private partnerships could (i) encourage the use of service delivery
that otherwise might have required government funding or programs; (ii) allow
governments to fully participate in such partnerships; (iii) maximize the
willingness of individuals, agencies and private organizations to lend their
expertise to help satisfy community needs; (iv) allow innovative funding
mechanisms to leverage public funds; (v) allow appropriate information sharing
to ensure the adequacy and quality of services delivered; (vi) provide
liability protection for volunteers providing services under programs sponsored
or approved by the authority; (vii) provide a mechanism to ensure that services
provided in the community are necessary, appropriate, and provided by trained
and supervised persons; and (viii) allow volunteers and others to focus their
energies to achieve community health improvement. Health care services include,
but are not limited to, treatment of and education about acute and chronic
diseases, wellness and prevention activities that promote the health of
communities, and access to services and activities.
B. The governing body of a locality may by ordinance or resolution, or the
governing bodies of two or more localities may by concurrent ordinances or
resolutions or by agreement, create a local health partnership authority which
shall have as its purpose developing partnerships between public and private
providers. The name of the authority shall contain the word "authority." The
ordinance, resolution or agreement creating the authority shall not be adopted or approved
until a public hearing has been held on the question of its adoption or approval. The
authority shall be a public body politic and corporate.
C. The governing body of each participating locality shall cause to be
advertised at least one time in a newspaper of general circulation in such
locality a copy of the ordinance, resolution or agreement creating the
authority, or a descriptive summary of the ordinance, resolution or agreement
and a reference to the place where a copy of such ordinance, resolution or
agreement can be obtained, and notice of the day, not less than thirty 30 days
after publication of the advertisement, on which a public hearing will be held on the ordinance,
resolution or agreement.
D. To ensure that such authorities operate in an efficient manner and are
accomplishing the goals set for them, a pilot project shall be instituted in
Planning District 8 in a community health program that has been operating under
the auspices of the Robert Wood Johnson and the Kellogg Foundations. The Joint
Commission on Health Care shall monitor and provide technical advice to the
authority and shall, by November 15, 2002, evaluate the program and make
recommendations as to continuation of such an authority, the expansion to other
areas of the state, and changes, if any, that are necessary to improve the
program.
E. No authority created pursuant to this article shall be exempt from any of
the provisions of the Certificate of Public Need laws and regulations of the Commonwealth.
F. E. No authority created pursuant to this article shall be allowed to issue
bonds or other form of indebtedness.
F. Any authority created pursuant to this article shall report on programmatic
initiatives on an annual basis to the Joint Commission on Health Care.
§ 32.1-122.10:002. Board of directors; expenses; officers; terms of office;
quorum; annual report.
A. All powers, rights and duties conferred by this article, or other provisions
of law, upon an authority shall be exercised by a board of directors. The
participating localities in the local health partnership authority shall
determine the composition of the membership of the board. At a minimum, the
board shall be composed of one locally elected official, one representative of
the health care industry, one representative of the business community, and one
representative of the nongovernmental human services agencies from each
participating locality if such nongovernmental human services agencies exist;
and, sufficient citizen members to constitute the majority of the board, who shall not be
employed by, nor board members of, nor financially linked to the partnering agencies,
groups and corporations involved.
B. Each member of a board shall serve for a term of four years and may serve no
more than two consecutive full terms. The creation of a vacancy on the board
shall be filled in the same manner by the appointing locality, such position
being filled for the unexpired term.
C. Members of the board of directors shall be reimbursed for actual expenses
incurred in the performance of their duties from funds available to the board
and according to policy determined by the board.
D. Each board shall elect from its membership a chairman, vice chairman and
secretary/treasurer. The board shall appoint an executive director who shall
discharge such functions as may be directed by the board. The authority shall
employ such staff as may be appropriate to coordinate the work of the
participating organizations in support of programs and services approved by
each board. The executive director and staff shall be paid from funds received
by the authority.
E. Each board, promptly following the close of the fiscal year, shall submit an
annual report of the authority's activities of the preceding year to the
governing body of each member locality and to the Joint Commission on Health
Care. Each such report shall set forth a complete operating and financial
statement covering the operation of the authority during such year.
2. That the second enactment of Chapter 671 of the Acts of Assembly of 2001 is
amended and reenacted as follows:
2. That the provisions of this act shall expire on July 1, 2003 2006.