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Text: H05470                            Text: H05472
Text: H05400 - H05499                   Text: H Index
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House Amendment 5471

Amendment Text

PAG LIN
  1  1    Amend House File 2427 as follows:
  1  2    #1.  Page 1, line 4, by striking the word
  1  3 "subsection" and inserting the following:
  1  4 "subsections".
  1  5    #2.  Page 1, by inserting after line 8 the
  1  6 following:
  1  7    "NEW SUBSECTION.  3A.  "Single entry point process"
  1  8 means the same as defined in section 331.440."
  1  9    #3.  By striking page 3, line 19, through page 4,
  1 10 line 7 and inserting the following:
  1 11    "Sec.    .  Section 222.31, subsection 1, Code
  1 12 1995, is amended to read as follows:
  1 13    1.  Commit the person to the single entry point
  1 14 process of the person's county of residence for
  1 15 placement in any public or private facility within or
  1 16 without the state, approved by the director of the
  1 17 department of human services.  If the person has not
  1 18 been examined by a commission as appointed in section
  1 19 222.28, the court shall may, prior to issuing an order
  1 20 of commitment, appoint such a commission to examine
  1 21 the person for the purpose of determining the mental
  1 22 condition of the person.  No If a commission is
  1 23 appointed, an order of commitment shall not be issued
  1 24 unless the commission shall recommend recommends that
  1 25 such the order be issued and the private institution
  1 26 to which the person is to be committed shall advise
  1 27 advises the court and the single entry point process
  1 28 that it the private institution is willing to receive
  1 29 the person.
  1 30    Sec.    .  Section 222.31, subsection 2, unnumbered
  1 31 paragraph 1, Code 1995, is amended to read as follows:
  1 32    Commit the person to the single entry point process
  1 33 of the person's county of residence for a diagnostic
  1 34 evaluation and referral to an appropriate placement or
  1 35 service.  The placement may be in the state hospital-
  1 36 school designated by the administrator to serve the
  1 37 county in which the hearing is being held, or to a
  1 38 special unit.  The court shall prior Prior to issuing
  1 39 an order of commitment, the court may request that a
  1 40 diagnostic evaluation of the person be made by the
  1 41 superintendent of the hospital-school or the special
  1 42 unit, or the superintendent's qualified designee.  The
  1 43 If requested, the evaluation shall be conducted at a
  1 44 place as the superintendent may direct.  The cost of
  1 45 the evaluation shall be defrayed by the county of
  1 46 legal settlement unless otherwise ordered by the
  1 47 court.  The cost may be equal to but shall not exceed
  1 48 the actual cost of the evaluation.  Persons referred
  1 49 by a court to a hospital-school or the special unit
  1 50 for diagnostic evaluation shall be considered as
  2  1 outpatients of the institution.  No If an evaluation
  2  2 is requested, an order of commitment shall not be
  2  3 issued unless the superintendent of the institution
  2  4 recommends that the order be issued, and advises the
  2  5 court that adequate facilities for the care of the
  2  6 person are available."
  2  7    #4.  Page 5, by striking lines 19 through 23 and
  2  8 inserting the following:  "made in the manner
  2  9 prescribed by section 225.13.  An order under this
  2 10 section shall be for referral to the single entry
  2 11 point process of the respondent's county of residence
  2 12 for an evaluation and referral of the respondent to an
  2 13 appropriate placement or service, which may include
  2 14 the state psychiatric hospital for additional
  2 15 evaluation or treatment.  For purposes of this
  2 16 chapter, "single entry point process" means the same
  2 17 as defined in section 331.440."
  2 18    #5.  Page 6, by striking lines 9 through 11 and
  2 19 inserting the following:  "provided as determined by
  2 20 the single entry point process of the respondent's
  2 21 county of residence."
  2 22    #6.  Page 6, by striking lines 31 through 33 and
  2 23 inserting the following:  "county shall only be
  2 24 provided as determined by the single entry point
  2 25 process of the respondent's county of residence."
  2 26    #7.  Page 11, by striking lines 1 through 18.
  2 27    #8.  Page 12, line 7, by striking the word
  2 28 "subsection" and inserting the following:
  2 29 "subsections".
  2 30    #9.  Page 12, by inserting after line 11 the
  2 31 following:
  2 32    "NEW SUBSECTION.  15.  "Single entry point process"
  2 33 means the same as defined in section 331.440."
  2 34    #10.  Page 13, by striking lines 19 through 23 and
  2 35 inserting the following:  "under the care of the
  2 36 facility.  However, for a respondent whose expenses
  2 37 are payable in whole or in part by a county, an order
  2 38 under this section shall commit the respondent to the
  2 39 single entry point process of the person's county of
  2 40 residence for a diagnostic evaluation and referral for
  2 41 appropriate treatment, placement, or service."
  2 42    #11.  Page 13, by striking lines 28 through 30 and
  2 43 inserting the following:  "section shall commit the
  2 44 respondent to the single entry point process of the
  2 45 respondent's county of residence for a diagnostic
  2 46 evaluation and referral for appropriate treatment,
  2 47 placement, or service."
  2 48    #12.  Page 14, line 26, by striking the words
  2 49 "county board of supervisors" and inserting the
  2 50 following:  "county board of supervisors single entry
  3  1 point process of the person's county of legal
  3  2 settlement".
  3  3    #13.  Page 16, by striking lines 11 and 12 and
  3  4 inserting the following:
  3  5    "Release of information, in accordance with
  3  6 administrative rules adopted for this purpose by the
  3  7 council on human services pursuant to a recommendation
  3  8 of the state-county management committee, which would
  3  9 identify an individual who is".
  3 10    #14.  By striking page 17, line 31, through page
  3 11 18, line 20, and inserting the following:
  3 12    "NEW SUBSECTION.  5.  a.  The department shall take
  3 13 the actions necessary to assist in the transition of
  3 14 individuals being served as of June 30, 1996, in a
  3 15 residential or intermediate care facility for the
  3 16 mentally retarded to services funded under a medical
  3 17 assistance waiver for home and community-based
  3 18 services for persons with mental retardation.  The
  3 19 actions shall include but are not limited to both of
  3 20 the following:
  3 21    (1)  Requesting a revision of the medical
  3 22 assistance waiver for home and community-based
  3 23 services for persons with mental retardation in effect
  3 24 as of June 30, 1996, or applying for a new waiver to
  3 25 allow for the conversion of residential and
  3 26 intermediate care facilities for the mentally retarded
  3 27 licensed under chapter 135C as of June 30, 1996, to
  3 28 services funded under a medical assistance waiver for
  3 29 home and community-based services for persons with
  3 30 mental retardation.  The waiver revision request or
  3 31 new waiver shall provide that the waiver requirements
  3 32 applicable to the number of persons served under the
  3 33 waiver as of June 30, 1996, shall continue to apply to
  3 34 the same number of persons under a revised or new
  3 35 waiver so that the number of persons served by
  3 36 converted facilities is an additional amount.
  3 37    (2)  Requesting a revision of the medical
  3 38 assistance waiver for home and community-based
  3 39 services for persons with mental retardation in effect
  3 40 as of June 30, 1996, to allow for reimbursement under
  3 41 the waiver for day program costs, including but not
  3 42 limited to, activity, work activity, and supported
  3 43 employment.
  3 44    b.  In implementing the provisions of this
  3 45 subsection, the department of human services shall
  3 46 consult with the department of inspections and appeals
  3 47 and representatives of providers of residential and
  3 48 intermediate care facility for the mentally retarded
  3 49 services, service consumers, families of service
  3 50 consumers, advocates, counties, and other
  4  1 knowledgeable persons in developing the waiver
  4  2 revision request or other action necessary to assist
  4  3 in the transition of service provision from
  4  4 residential and intermediate care facilities for the
  4  5 mentally retarded to alternative programs that can
  4  6 appropriately meet the needs of individuals at an
  4  7 overall lower cost.  The department shall work with
  4  8 the same group in adopting rules for oversight of
  4  9 facilities converted pursuant to this subsection.  A
  4 10 waiver revision request and the other actions
  4 11 developed pursuant to this subsection shall be
  4 12 completed on or before September 16, 1996.  The
  4 13 department shall report on September 16, 1996, to the
  4 14 general assembly regarding its actions under this
  4 15 subsection and any federal response, and shall submit
  4 16 an update upon receiving a federal response to the
  4 17 waiver request or other action taken which requires a
  4 18 federal response.  If implementation of the
  4 19 requirements of this subsection does not require a
  4 20 federal waiver, the department shall implement the
  4 21 requirements on July 1, 1996."
  4 22    #15.  Page 18, line 25, by inserting before the
  4 23 word "The" the following:  "1."
  4 24    #16.  Page 18, line 26, by striking the words "cost
  4 25 of services provided" and inserting the following:
  4 26 "services paid for".
  4 27    #17.  Page 18, line 28, by striking the word "The".
  4 28    #18.  Page 18, by inserting after line 28 the
  4 29 following:
  4 30    "2.  The".
  4 31    #19.  Page 19, line 2, by striking the word
  4 32 "section" and inserting the following:  "subsection".
  4 33    #20.  Page 20, line 9, by inserting after the word
  4 34 "developed" the following:  "for the state and
  4 35 county".
  4 36    #21.  Page 20, line 17, by striking the words
  4 37 "council on human services" and inserting the
  4 38 following:  "mental health and developmental
  4 39 disabilities commission".
  4 40    #22.  Page 20, line 23, by striking the words
  4 41 "council on human services" and inserting the
  4 42 following:  "mental health and developmental
  4 43 disabilities commission".
  4 44    #23.  Page 20, by striking lines 27 through 35.
  4 45    #24.  Page 21, by striking line 1 and inserting the
  4 46 following:
  4 47    "NEW SUBPARAGRAPH.  (17)  Make recommendations to
  4 48 the mental health and developmental disabilities
  4 49 commission and counties for measuring".
  4 50    #25.  By renumbering as necessary.  
  5  1 
  5  2 
  5  3                              
  5  4 HOUSER of Pottawattamie
  5  5 HF 2427.301 76
  5  6 jp/cf
     

Text: H05470                            Text: H05472
Text: H05400 - H05499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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