Code of the District of Columbia

§ 44–908. Financing provisions.

(a) There are authorized to be appropriated for grants by the Secretary of Health and Human Services to the District of Columbia comprehensive mental health system, $30,000,000 for fiscal year 1988, $24,000,000 for fiscal year 1989, $18,000,000 for fiscal year 1990, and $12,000,000 for fiscal year 1991.

(b)(1) Beginning on October 1, 1987, and in each subsequent fiscal year, the appropriate federal agency is directed to pay the District of Columbia the full costs for the provision of mental health diagnostic and treatment services for the following types of patients:

(A) Any individual referred to the system pursuant to a federal statute or by a responsible federal agency;

(B) Any individual referred to the system for emergency detention or involuntary commitment after being taken into custody:

(i) As a direct result of the individual’s action or threat of action against a federal official;

(ii) As a direct result of the individual’s action or threat of action on the grounds of the White House or of the Capitol; or

(iii) Under Chapter 9 of Title 21 of the District of Columbia Official Code;

(C) Any individual referred to the system as a result of a criminal proceeding in a federal court (including an individual admitted for treatment, observation, and diagnosis and an individual found incompetent to stand trial or found not guilty by reason of insanity). The preceding provisions of this paragraph apply to any individual referred to the system (or to Saint Elizabeths Hospital) before or after November 8, 1984.

(2) The responsibility of the United States for the cost of services for individuals described in paragraph (1) of this subsection shall not affect the treatment responsibilities to the District of Columbia under the Interstate Compact on Mental Health.

(c) During the service coordination and the financial transition periods, the District of Columbia shall gradually assume a greater share of the financial responsibility for the provision of mental health services provided by the system to individuals not described in subsection (b) of this section.

(d) Subject to § 44-903(f)(2), capital improvements to facilities at Saint Elizabeths Hospital authorized during the service coordination period shall be the shared responsibility of the District and the federal government in accordance with Public Law 83-472.

(e) Pursuant to the financial audit under § 44-903(f), any unassigned liabilities of the Hospital shall be assumed by and shall be the sole responsibility of the federal government.

(f)(1) After the service coordination period, the Secretary shall conduct an audit, under generally accepted accounting procedures, to identify the liability of the federal government for accrued annual leave balances for those employees assumed by the District under the system implementation plan.

(2) There is authorized to be appropriated for payment by the federal government to the District an amount equal to the liability identified by such audit.

(g) Nothing in this subchapter shall affect the authority of the District of Columbia under any other statute to collect costs billed by the District of Columbia for mental health services, except that payment for the same costs may not be collected from more than one party.

(h) The government of the United States shall be solely responsible for:

(1) All claims and causes of action against Saint Elizabeths Hospital that accrue before October 1, 1987, regardless of the date on which legal proceedings asserting such claims were or may be filed, except that the United States shall, in the case of any tort claim, only be responsible for any such claim against the United States that accrues before October 1, 1987, and the United States shall not compromise or settle any claim resulting in District liability without the consent of the District, which consent shall not be unreasonably withheld; and

(2) All claims that result in a judgment or award against Saint Elizabeths Hospital before October 1, 1987.


(Nov. 8, 1984, 98 Stat. 3369, Pub. L. 98-621, § 9(a)-(c)(1), (d)-(h).)

Prior Codifications

1981 Ed., § 32-628.

Section References

This section is referenced in § 44-903.

Effective Dates

For effective date of this subchapter, see Historical and Statutory Notes following § 44-901.