GOVERNOR
Vol. 26 Iss. 5 - November 09, 2009

GOVERNOR

EXECUTIVE ORDER NUMBER 95 (2009)

ESTABLISHING THE HEALTH INFORMATION TECHNOLOGY ADVISORY COMMISSION

Importance of the Issue

Building and improving our health information technology infrastructure is critical to providing quality health care. As the complexity of our health care system continues to grow, health care providers must leverage information technology to improve patient safety and health outcomes. It is critical that Virginia health care providers employ health information technology to provide the best care for patients. Improving health care technology infrastructure offers the potential for both improving the quality and safety of patient care and helping control costs.

To that end the American Recovery and Reinvestment Act of 2009 established state grants to promote health information technology and specifically Health Information Exchange. The U.S. Department of Health and Human Services through the Office of the National Coordinator for Health IT has created two collaborative programs: State Health Information Exchange Cooperative Agreement Program and Health Information Technology Extension Program.

The purpose of the Health Information Exchange (HIE) program is to continuously improve and expand health information exchange services over time and reach all health care providers in an effort to improve the quality and efficiency of health care. The program will build off of existing efforts to advance regional and state level HIE while moving towards nationwide interoperability. The purpose of the Regional Centers is to furnish assistance, defined as education, outreach, and technical assistance to help providers in their geographic service areas select, successfully implement, and meaningfully use certified EHR technology to improve the quality and value of health care.

Establishing the Office of Health IT

By virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, including but not limited to Section 2.2.-104 of the Code of Virginia, and subject always to my continuing and ultimate authority and responsibility to act in such matters, I hereby direct the Virginia Department of Health to serve as the Commonwealth's Health Information Technology Lead through an Office of Health IT. The Office will consist of a director appointed by the Secretary of Health and Human Resources in consultation with the Commissioner of Health and additional professionals as the Secretary shall determine.

The director shall have the following responsibilities:

1. Serve as the Commonwealth's Health IT Lead to fulfill the responsibilities outlines in the American Recovery and Reinvestment Act of 2009 (ARRA).

2. Support the work of the Governor's Health Information Technology Advisory Commission.

3. Facilitate collaboration between the Commission and all appropriate stakeholders.

4. Ensure broadband and telemedicine initiatives are integrated into the Commission's planning and implementation process

5. Ensure VDH Health IT projects including the Advanced Directive Registry, the Immunization Registry, as well as any future Electronic Medical Record initiatives are appropriately aligned with the Commission's planning and aligned with ARRA-funded projects.

Establishing the Commission

The Commission shall have the following responsibilities:

6. Encourage public-private partnerships to increase adoption of electronic medical records for physicians in the Commonwealth.

7. Provide healthcare stakeholder input to build trust in and support for a statewide approach to HIE.

8. Ensure that an effective model for HIE governance and accountability is in place.

9. Examine and define an integrated approach with the Department of Medical Assistance Services and the Virginia Department of Health to enable information exchange and support monitoring of provider participation in HIE as required to qualify for Medicaid meaningful use incentives.

10. Develop and/or update privacy and security requirements for HIE within and across state borders.

11. Encourage and integrate the proliferation of telemedicine activities to support the Virginia healthcare improvement goals.

12. Monitor and support the activities of any Regional Extension Centers awarded in the Commonwealth.

13. Examine other health related issues as appropriate.

The Secretary of Health and Human Resources will chair the Commission and will be responsible for convening the Commission. The Commission shall consist of members appointed by the chair in consultation with the Secretary of Technology and representing broad stakeholder engagement in health information technology and exchange.

The Commission shall meet at the call of the chair to oversee the responsibilities as outlined above. Members of the Commission shall serve without compensation.

Staff support shall be provided through the Secretary of Health and Human Resources. Staff support from other agencies will be made available as the Secretary shall designate.

This Executive Order shall be effective upon its signing and shall remain in full force and effect, unless sooner amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 9th day of October 2009.

/s/ Timothy M. Kaine

Governor

EXECUTIVE ORDER NUMBER 96 (2009)

CREATING THE VIRGINIA CAREER PATHWAYS SYSTEM WORKING GROUP

Importance of the Initiative

Growing pressure from international competition and the rapid pace of technological change have led to an increasing demand for highly skilled workers to satisfy labor market needs. As the economic recession has taken hold, Virginia must strengthen the link between and among levels of education and training and workforce needs at the state level and at a regional level in order to remain competitive. By bolstering the public education and training systems and by strengthening the links between levels of education and training, state and regional policymakers can provide the lifeblood for thriving economies in Virginia.

Virginia as a whole is well positioned to succeed in the increasingly talent-driven global economy, but not all regions and people within the Commonwealth are prepared to share in the success. On average, Virginia has a highly educated workforce and a growing segment of industries highly reliant on the skills and talents of their workforces. However, the distribution of the educated populace and thriving economic sectors is geographically uneven.

On state and regional levels, many of the pieces are in place for Virginia to train workers and to meet labor market needs across Virginia, including building many comprehensive one-stop centers across the Commonwealth. However, in order to do so more effectively and efficiently, it is critical that all agencies that play a role in education, training, and economic development communicate with each other regularly and coordinate where appropriate. Virginia has an opportunity to streamline efforts by strengthening and formalizing this communication and coordination among agencies.

One important way to enable communication and coordination is through the development of a career pathways system and implementation of the recommendations laid out in the Career Pathways Strategic Plan (December 2008). A career pathways system is a series of connected education and training programs and support services that enable individuals to secure employment within a specific industry or occupational sector and to advance over time to successively higher levels of education or employment in that sector. Each step on a career pathway is designed explicitly to prepare for the next level of employment and education.

The career pathways system will provide the framework and program support for developing a high-skill workforce to support growing industries on the state, regional, and local levels. The system will necessarily draw from all aspects of workforce development - education, workforce training, and business and industry. All relevant state agencies and Cabinet secretaries will be actively engaged in the effort.

Virginia Career Pathways System Working Group

Virginia's approach to career pathways needs to be systemic, responsive to business and labor market needs, and characterized by five basic elements: state leadership, reliable and consistent use of data, flexibility, sustainability, and visibility. The system must be guided by state policy and coordinated at state agency levels so there is a clear understanding of direction, roles and responsibilities, processes and allowable use of funding as well as regular and ongoing communication between and among agencies.

The Virginia Career Pathways Working Group will ensure commitment and participation by agencies central to education, training and workforce needs as well as coordination with other entities. The Working Group will coordinate with the Virginia Workforce Council to provide leadership and advocacy at the state level as appropriate.

Composition of the Working Group:

Working Group members shall be appointed by their respective agency head or Cabinet Secretary. Recognizing the need for active participation by education and training agencies as well as business, industry, and employment agencies, Working Group membership shall include representatives from:

· Governor's Office

· Office of the Secretary of Education

· Office of the Secretary of Commerce and Trade

· The Chief Workforce Development Officer

· State Council of Higher Education for Virginia

· Virginia Community College System

· Virginia Department of Education

· Virginia Department of Labor and Industry

· Virginia Economic Development Partnership

· Department of Social Services

· Virginia Employment Commission

· Other agencies as decided upon by the Working Group and Career Pathways Lead

Additionally, an Advisory Group comprised of representatives from other agencies impacted by the Career Pathways System will provide guidance and participate as necessary. The Advisory Group will assist the Career Pathways Working Group as needed with issues that relate to Advisory Group members' agencies. Advisory Group members will not be required to regularly participate in meetings, but may be called upon as needed. Advisory Group membership could include representatives from the following agencies:

· Department of Juvenile Justice

· Department of the Aging

· Department of Correctional Education

· Department of Business Assistance

· Department of Rehabilitative Services

Duties of the Working Group

The Working Group will deliver on the five major recommendations of Virginia's career pathways strategic plan by establishing the means to:

· Encourage and facilitate the use of data to strengthen connections to business, inform program development, and measure success;

· Encourage transitions among education and employment systems, programs, and services while allowing for flexibility at regional and institutional levels;

· Expand the provision of supportive services - including advising and coaching - to increase retention and completion rates among Virginians enrolled in workforce training and education programs;

· Establish sustainability of Virginia's career pathways system as an interagency and business priority across all relevant agencies and key industries; and

· Establish state and regional leadership and an operational framework to support regional action.

The Working Group is also responsible for:

· Working with the Career Pathways Lead to create policy, guidelines, and performance and progress measurement systems for implementation of the state career pathways system.

· Coordinating across state agencies to create and support the implementation of the statewide career pathways system.

· Advising the Virginia Workforce Council on career pathways related issues that may require state policy, communications, and advocacy.

· Advising the Career Pathways Lead on implementation of the career pathways system.

· Undertaking communications efforts within their agencies to support the adoption of, technical assistance for and implementation of career pathways activities.

Working Group Leadership

The Secretary of Education will Chair the Working Group. The Chair will be responsible for:

· Convening quarterly meetings of the Working Group.

· Providing strategic guidance for the Career Pathways Lead and the Working Group.

· Ensuring that the Governor and his Cabinet are apprised of activities of the Working Group.

· Promoting the policy goals of the Working Group with the Governor and his staff as well as members of the General Assembly.

· Liaising with other entities and stakeholders whose mission or interests align with the goals of the statewide career pathways system, including the Governor's Working Group on Early Childhood Initiatives, the P-16 Council, the Council on Virginia's Future, and the Virginia Workforce Council.

The Working Group will be assisted by the Career Pathways Lead (the Lead). The Lead shall be supported by all agencies represented on the Career Pathways Working Group through financial, in-kind, or other types of assistance for the role. The Lead's responsibilities will include:

· Ensuring all state level career pathways system efforts are implemented according to the direction and guidance provided by the Working Group.

· Working with the Working Group to ensure that the recommendations of the Career Pathways Strategic Plan are implemented in an appropriate and timely manner.

· Reporting progress, issues requiring action, and recommending action to the Working Group on a regular basis.

· Pursuing appropriate infrastructure and funding to support long-term sustainability of the statewide career pathways system.

· Convening a monthly conference call with agency staff supporting the work of the Working Group.

This Executive Order shall be effective upon its signing and shall remain in full force and effect until December 31, 2011, unless sooner amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 13th day of October 2009.

/s/ Timothy M. Kaine

Governor

EXECUTIVE ORDER NUMBER 97 (2009)

CONTINUING THE VIRGINIA PRISONER REENTRY POLICY ACADEMY

Importance of Issue

Section 2.2-221.1 of the Code of Virginia directs the Secretary of Public Safety to establish an integrated system for coordinating the planning and provision of offender transitional and reentry services among and between state, local, and nonprofit agencies in order to prepare inmates for successful transition into their communities upon release from incarceration and for improving opportunities for treatment, employment, and housing while on subsequent probation, parole, or post-release supervision.

It is essential that Virginia continue with its efforts of fostering a successful transition of offenders into their communities, and reducing the rates at which they are returned to prison. In order to improve outcomes, we must ensure that those who are released have been prepared to find and maintain employment, receive treatment for mental health and substance abuse issues, and are able to live with their families or in other stable home environments. We can and must reduce recidivism and improve the safety and quality of life in those communities to which offenders return. Accordingly, I am taking the following measures.

Continuing the Virginia Prisoner Reentry Policy Academy

By virtue of the authority vested in me as Governor under Article V, Section 1 of the Constitution of Virginia, and Sections 2.2-103 and 2.2-104 of the Code of Virginia, I hereby direct the Office of the Secretary of Public Safety to maintain the Virginia Prisoner Reentry Policy Academy, originally establish pursuant to Executive order 22 (2006), which expired December 31, 2008.

The Secretary of Public Safety, working with such other Cabinet Secretaries as he deems necessary, shall develop a long term strategic plan for achieving the goal of reducing offender recidivism for those released from incarceration. The plan shall contain measurable objectives, and shall comprehensively address strategies to be employed both while offenders are incarcerated and following their release back into their communities. Such a plan shall be submitted to me for my approval no later than December 31, 2009, and shall be updated by December 31 of each succeeding year.

The Reentry Policy Academy shall work in close collaboration with other Cabinet Secretaries, executive branch agencies and boards along with local governments, their agencies, and non-profit and faith-based organizations in the development and implementation of this plan, and shall prepare reports which identify initiatives and assess measurable outcomes as may be requested by me or by the General Assembly.

Effective Date of the Executive Order

This Executive Order will remain in effect until December 31, 2010.

Given under my hand and under the Seal of the Commonwealth of Virginia this 22nd day of October 2009.

/s/ Timothy M. Kaine

Governor

EXECUTIVE ORDER NUMBER 98 (2009)

CONTINUING THE COMMONWEALTH CONSORTIUM FOR MENTAL HEALTH/ CRIMINAL JUSTICE TRANSFORMATION

National surveys have shown that 16% of all jail inmates have some form of mental illness. The 2005 Virginia Jail Survey yielded a similar prevalence in the Commonwealth of jail inmates with mental illness. These findings suggest that persons with mental illness are far too often subject to arrest and incarceration in Virginia for minor "nuisance" offenses related to their symptoms, and that many jail inmates with mental illness do not receive adequate mental health treatment in our jails, or when they return to the community. This lack of treatment access can lead to continuing acute illness or relapse, as well as engagement in criminal activity, including violent acts.

During the past decade, Virginia lawmakers and Executive Branch agencies have spearheaded efforts at identifying the needs of persons with mental illness who become involved with the criminal justice system. It is imperative that Virginia address the pressing public safety and treatment access challenges posed by the lack of adequate mental health treatment for persons with mental illness in the criminal justice system. Doing so will require that there be a coordinated effort across all branches of state government, as well as the active and direct development of community-based solutions to this serious social problem.

By virtue of the authority invested in me by Article V of the Constitution of Virginia and Section 2.2-134 of the Code of Virginia, I hereby direct the Office of the Secretary of Health and Human Resources and the Office of the Secretary of Public Safety to lead the Commonwealth Consortium for Mental Health/Criminal Justice Transformation, with the dual purpose of preventing unnecessary involvement of persons with mental illness in the Virginia criminal justice system, and promoting public safety by improving access to needed mental health treatment for persons with mental illness for whom arrest and incarceration cannot be prevented.

The Commonwealth Consortium shall be chaired by the Secretary of Health and Human Resources and the Secretary of Public Safety, or their designees. The Office of the Attorney General and the Secretary of Finance shall provide key leadership and guidance to the Consortium. The Virginia General Assembly and the Supreme Court of Virginia have been invited to participate as partners in the Consortium. Membership of the Consortium shall include Commissioners or Directors of the following state government agencies (or their designees) that have a current or potential central role in improving access to treatment for persons with mental disorders in the criminal justice system:

· Board for People with Disabilities

· Commonwealth Attorney's Services Council

· Department of Corrections

· Department of Correctional Education

· Department of Education

· Department of Health

· Department of Housing & Community

· Department of Juvenile Justice

· Department of Medical Assistance Services

· Department of Planning & Budget

· Department of Health Professions

· Department of Rehabilitation Services

· Department of Social Services

· Department of Veterans Services

· Governor's Office for Substance Abuse Prevention

· Office of the Comprehensive Services Act (CSA)

· Virginia Criminal Sentencing Commission

· Virginia Employment Commission

· Virginia Indigent Defense Commission

· Virginia Office of Protection and Advocacy (VOPA)

· Virginia State Crime Commission

· Virginia State Police

The following additional organizations shall be invited to serve as members of the Commonwealth Consortium:

· Mental Health America of Virginia (MHAV)

· NAMI Virginia and its state regional affiliates

· University of Virginia, Institute of Law, Psychiatry and Public Policy

· Virginia Association of Chiefs of Police

· Virginia Association of Community Services Boards (VACSB)

· Virginia Association of Counties

· Virginia Association of Regional Jails

· Virginia Bar Association

· Virginia Community Criminal Justice Association (VCCJA)

· Virginia Council on Juvenile Detention

· Virginia Municipal League

· Virginia Sheriffs' Association

· Virginia Hospital and Healthcare Association

· VOCAL Virginia

The Consortium shall have the following goals:

Goal I: Transformation planning:

The Consortium shall evaluate the viability of jail diversion models for persons with mental illness, and develop recommendations for improving access to mental health treatment for persons with mental illness who cannot be diverted from arrest and incarceration. Representatives from relevant stakeholder groups in each locality, including Community Criminal Justice Boards, Law Enforcement, Local and Regional Jails, Community Services Boards and Local Community Corrections, Mental Health Services Consumers, and other public and private organizations shall be invited to participate in comprehensive transformation planning for their regions.

Goal II: Establish a Criminal Justice/Mental Health Training Academy for the Commonwealth:

The Academy will provide an integrative locus for coordinating the training activities of currently disparate state and local, public and private organizations into a concerted program of cross-training for criminal justice and mental health personnel.

This Executive Order shall be effective upon its signing and shall remain in full force and effect until July 1, 2010, unless sooner amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 22nd day of October 2009.

/s/ Timothy M. Kaine

Governor

EXECUTIVE ORDER NUMBER 99 (2009)

THE VIRGINIA COMPLETE COUNT COMMITTEE

Importance of the Issue

The United States Constitution mandates a decennial count of all people living in the United States and its territories. This monumental task is one that affects the distribution of approximately $400 billion dollars from the federal government to state and local governments as well as recognized tribal groups. It also affects the redistricting of legislative districts and reapportionment of seats that each state has at the U.S. House of Representatives. The 2010 Census is quickly approaching and all stakeholders should collectively support the efforts of the U.S. Census Bureau. The Governor's Complete Count Committee will maximize such efforts.

Historically, the U.S. Census Bureau has experienced low survey response rates from many communities across the Commonwealth. The Governor's Complete Count Committee was created to improve the participation and representation of all Virginians. It will consist of key community members and will represent the many geographic regions and diverse communities in the Commonwealth. The Committee will operate as a central conduit of information and facilitate the sharing of ideas and community resources regarding the 2010 Census. These efforts will improve collaboration between the Commonwealth and the U.S. Census Bureau and encourage all stakeholders to actively prepare for the 2010 Census

Establishing the Committee

The Committee is comprised of 29 members appointed by the Governor- many of whom are chairs of local complete count committees, representatives from organizations like the League of Women Voters, the Baptist General Convention, Veterans of Foreign Wars, Virginia Supportive Housing, the NAACP, the Urban League and leaders from various minority communities and such other members as may be appointed by the Governor. All Committee members shall serve without compensation.

The Committee shall have the following responsibilities:

1) Help ensure an accurate 2010 Census count in the Commonwealth of Virginia

2) Use their knowledge of the communities in the Commonwealth to share this message with as many individuals as possible

3) Share ideas and information that will benefit local Complete Count Committees and Community Partners

4) Encourage residents to complete and mail back their census questionnaires

5) Identify organizations in the community that can provide space for Questionnaire Assistance Centers

6) Encourage organizations to include 2010 Census on the agenda of their meetings, workshops or conferences

This Executive Order shall be effective upon its signing and shall remain in full force and effect until December 31, 2010, unless sooner amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 22nd day of October 2009.

/s/ Timothy M. Kaine

Governor

EXECUTIVE ORDER NUMBER 100 (2009)

ESTABLISHING THE VIRGINIA INDIAN COMMEMORATIVE COMMISSION

Importance of the Issue

Native Americans have lived in the land now known as Virginia for thousands of years, their history having been and continuing to be documented. The historical record confirms that Virginia Indians provided aid and comfort to the British colonists in 1607 and were instrumental in the establishment of the first permanent English-speaking settlement in North America at Jamestown.

The legacy of the indigenous peoples of the Commonwealth has been recorded in the names of many Virginia locations and landmarks, such as the Cities of Chesapeake and Roanoke, the Counties of Accomack, Appomattox, and Powhatan, and the Chickahominy, Mattaponi, Pamunkey, Potomac, Powhatan, and Rappahannock Rivers, as well as many other sites. Despite hardships brought about by the loss of lands, languages, and civil rights, American Indians in Virginia have persisted and continued to contribute to the Commonwealth through agriculture, land stewardship, teaching, military and civil service, the arts, and other avenues of productive citizenship.

Establishment of the Commission

In recognition that the courage, persistence, determination, and cultural values of Virginia's Indians have significantly enhanced and contributed to society, the General Assembly approved House Joint Resolution 680 (2009), requesting the creation of a commission to recommend an appropriate monument in Capitol Square to commemorate the life, achievements, and legacy of American Indians in the Commonwealth. Accordingly, by virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, including but not limited to § 2.2-134 of the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, there is hereby established the Virginia Indian Commemorative Commission.

Composition of the Commission

The Virginia Indian Commemorative Commission shall consist of the Governor of Virginia, who shall serve as Chairman thereof, the Lieutenant Governor of Virginia, the Speaker of the House of Delegates, three members of the House of Delegates appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates, the Clerk of the House of Delegates, the Chairwoman of the Senate Committee on Rules, two citizen members of the Senate appointed by the Senate Committee on Rules, the Clerk of the Senate, the Executive Director of the Capitol Square Preservation Council, three members who shall be representatives of Virginia Indians to be appointed by the Governor, and the Executive Director of the Virginia Capitol Foundation who shall serve ex officio with nonvoting privileges. Additional members may be appointed at the Governor's discretion. The Virginia Council on Indians shall provide staff support for the Commission.

Members of the Commission shall serve without compensation, but they may receive reimbursement for expenses incurred in the discharge of their official duties.

Charge for the Commission

The Commission shall determine and recommend to the General Assembly an appropriate monument in Capitol Square to commemorate the life, achievements, and legacy of American Indians in the Commonwealth. The Commission shall seek private funding for the operation and support of the Commission and the erection of an appropriate monument. However, the costs of implementation of the Commission, its work, and the compensation and reimbursement of members shall be borne by the Commission from such private funds as it may acquire to cover the costs of its operation and work. The Commission may establish an organization with 501c(3) status for fundraising purposes. All agencies of the Commonwealth shall provide assistance to the Commission, upon request.

The Commission shall report annually the status of its work, including any findings and recommendations, to the General Assembly, beginning on December 1, 2009. The report shall also be posted on the General Assembly's website.

This Executive Order shall become effective upon its signing and shall remain in effect until the Commission submits a final report, unless amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 22nd day of October 2009.

/s/ Timothy M. Kaine

Governor

GOVERNORVol. 26 Iss. 5 - November 09, 2009

GOVERNOR

GOVERNOR
Vol. 26 Iss. 5 - November 09, 2009