Senate File 2062
SENATE FILE
BY MILLER
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to county management plans for mental health,
2 mental retardation, and developmental disabilities services by
3 limiting financial responsibility under certain circumstances
4 for an individual's county of legal settlement for services
5 authorized by the individual's county of residence and
6 providing an applicability date.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 331.439, Code 2003, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 9. a. A county's management plan shall
1 4 provide that when the county is an individual's county of
1 5 residence but not the individual's county of legal settlement,
1 6 unless the individual's county of legal settlement approves of
1 7 the services authorized to be provided to the individual by
1 8 the county of residence, the county financial liability for
1 9 services provided to the individual in excess of one thousand
1 10 dollars shall be the responsibility of the individual's county
1 11 of residence. The county of legal settlement must approve of
1 12 services authorized to be provided to the individual that are
1 13 part of the county of legal settlement's management plan and
1 14 would be authorized for the individual if the county of legal
1 15 settlement was also the county of residence.
1 16 b. If a dispute arises regarding financial responsibility
1 17 under this subsection, the dispute shall be resolved in the
1 18 same manner as provided for resolution of a legal settlement
1 19 dispute under section 222.70 or 230.12, as applicable.
1 20 Sec. 2. APPLICABILITY. This Act applies to county
1 21 financial responsibility for those services provided on behalf
1 22 of individuals whose service costs first become a county
1 23 liability on or after July 1, 2004.
1 24 EXPLANATION
1 25 This bill relates to county management plans for mental
1 26 health, mental retardation, and developmental disabilities
1 27 (MH/MR/DD) services by limiting financial responsibility under
1 28 certain circumstances for an individual's county of legal
1 29 settlement for services authorized by the individual's county
1 30 of residence.
1 31 The bill amends Code section 331.439, relating to county
1 32 eligibility for state funding for MH/MR/DD services. Among
1 33 other requirements, current law requires a county to have an
1 34 approved management plan for the county's provision of
1 35 MH/MR/DD services.
2 1 The bill requires a county management plan to provide that
2 2 when the county is an individual's county of residence but not
2 3 the county of legal settlement, unless the individual's county
2 4 of legal settlement approves of the services provided to the
2 5 individual by the county of residence, the county financial
2 6 liability for services authorized to be provided to the
2 7 individual in excess of one thousand dollars shall be the
2 8 responsibility of the individual's county of residence. A
2 9 county of legal settlement must approve of services authorized
2 10 to be provided to the individual that are part of the county
2 11 of legal settlement's management plan and would be authorized
2 12 for the individual if the individual's county of legal
2 13 settlement was also the individual's county of residence.
2 14 The bill provides that if a dispute arises regarding
2 15 financial responsibility under the bill's provisions, the
2 16 dispute shall be resolved in the same manner as provided for
2 17 resolution of a legal settlement dispute under Code section
2 18 222.70 or 230.12, as applicable. Code section 222.70 provides
2 19 for resolution by the district court of disputes regarding the
2 20 legal settlement of a person admitted or committed to a state
2 21 resource center, a special unit, or a community=based service.
2 22 Code section 230.12 relates to resolution by the district
2 23 court of disputes regarding the legal settlement of a person
2 24 committed to a state mental health institute. Both provisions
2 25 allow for counties to utilize an alternative dispute
2 26 resolution process in lieu of the district court.
2 27 The bill is applicable to county financial responsibility
2 28 for those services provided on behalf of individuals whose
2 29 service costs first become a county liability on or after July
2 30 1, 2004.
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