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House Amendment 5711

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-5541, to Senate File 2448,
  1  2 as amended, passed, and reprinted by the Senate, as
  1  3 follows:
  1  4    #1.  Page 20, line 19, by striking the word
  1  5 "gamblers" and inserting the following:  "gambling".
  1  6    #2.  Page 20, line 23, by striking the words
  1  7 "gamblers assistance" and inserting the following:
  1  8 "gamblers assistance gambling".
  1  9    #3.  Page 20, lines 26 and 27, by striking the
  1 10 words "gamblers assistance" and inserting the
  1 11 following:  "gamblers assistance gambling".
  1 12    #4.  Page 20, line 35, by striking the words
  1 13 "gamblers assistance" and inserting the following:
  1 14 "gamblers assistance gambling".
  1 15    #5.  Page 20, line 38, by striking the words
  1 16 "gamblers assistance" and inserting the following:
  1 17 "gamblers assistance gambling".
  1 18    #6.  Page 20, line 45, by striking the words
  1 19 "gamblers assistance" and inserting the following:
  1 20 "gamblers assistance gambling".
  1 21    #7.  Page 21, by inserting after line 15 the
  1 22 following:
  1 23    "Sec.    .  NEW SECTION.  135.108  LEGISLATIVE
  1 24 INTENT.
  1 25    The intent of this division is to provide quality
  1 26 treatment and rehabilitation services to persons
  1 27 experiencing difficulties as a result of problem
  1 28 gambling, to ensure that the services are adequately
  1 29 administered by competent persons, and to encourage
  1 30 and coordinate education and other preventive efforts
  1 31 concerning problem gambling.
  1 32    Sec.    .  NEW SECTION.  135.109  DEFINITIONS.
  1 33    As used in this division, unless the context
  1 34 otherwise requires:
  1 35    1.  "Committee" means the gambling treatment
  1 36 advisory committee established in section 135.111.
  1 37    2.  "Participant" means a person receiving services
  1 38 provided through the gambling treatment program
  1 39 established in section 135.110.
  1 40    3.  "Program" means the gambling treatment program
  1 41 established in section 135.110.
  1 42    Sec.    .  NEW SECTION.  135.110  GAMBLING
  1 43 TREATMENT PROGRAM ESTABLISHED.
  1 44    1.  A gambling treatment program is established
  1 45 within the Iowa department of public health.  The
  1 46 department shall develop, implement, and administer
  1 47 the program, with the assistance of the gambling
  1 48 treatment advisory committee.
  1 49    2.  The program shall include the development and
  1 50 implementation of a comprehensive treatment program
  2  1 for problem gamblers and persons affected by gambling.
  2  2 The program may include, but is not limited to, the
  2  3 following:
  2  4    a.  Outpatient and follow-up treatment.
  2  5    b.  Rehabilitation programs.
  2  6    c.  Residential treatment.
  2  7    d.  Inpatient treatment.
  2  8    e.  Information and referral services.
  2  9    f.  Education and preventive services.
  2 10    3.  The director may enter into written agreements
  2 11 with public or private agencies to pay for services
  2 12 for problem gamblers and other persons affected by
  2 13 problem gambling.  The director shall adopt rules,
  2 14 pursuant to chapter 17A, specifying the criteria for
  2 15 payment to the facilities.  The problem gambler or
  2 16 other affected person receiving services is
  2 17 responsible for payment for the costs of the services,
  2 18 either through direct payment to the facility or
  2 19 reimbursement to the department.  If the person
  2 20 receiving services has a claim for reimbursement for
  2 21 services, through insurance or otherwise, the person
  2 22 shall assign the claim to the department.
  2 23    4.  The director shall develop and encourage the
  2 24 development of plans and programs for the prevention
  2 25 of gambling problems and the treatment of persons
  2 26 affected by problem gambling on a statewide basis and
  2 27 in cooperation with public and private agencies by
  2 28 providing technical assistance and other services.  In
  2 29 cooperation with local gambling treatment programs,
  2 30 the director shall organize and implement programs for
  2 31 persons offering gambling treatment services.  In
  2 32 addition, the director shall prepare, publish, and
  2 33 disseminate educational material concerning problem
  2 34 gambling and its effects, develop and implement an
  2 35 educational program as an integral part of treatment
  2 36 programs for problem gamblers and other persons
  2 37 affected by problem gambling, and assist in the
  2 38 development of gambling educational and treatment
  2 39 programs for employees in both the public and private
  2 40 sectors.  The department may contract for any of the
  2 41 services required in this subsection.
  2 42    5.  The director may conduct or contract for
  2 43 research into the causes and nature of gambling
  2 44 problems and serve as a clearinghouse for information
  2 45 relating to problem gambling treatment.
  2 46    Sec.    .  NEW SECTION.  135.111  GAMBLING
  2 47 TREATMENT ADVISORY COMMITTEE ESTABLISHED.
  2 48    1.  A gambling treatment advisory committee is
  2 49 established to advise the department on the
  2 50 administration of the program.  The committee shall
  3  1 consist of eleven members appointed by the director
  3  2 for terms of office of three years and two senators
  3  3 and two state representatives appointed by the
  3  4 majority and minority leaders of the senate and the
  3  5 speaker and the minority leader of the house of
  3  6 representatives, respectively, for two-year terms.
  3  7 The legislative members shall be nonvoting members.  A
  3  8 nonlegislative member shall not be appointed to more
  3  9 than two consecutive three-year terms.  Terms of
  3 10 office shall be staggered, and shall commence on July
  3 11 1 of the year of appointment.  The membership of the
  3 12 advisory committee shall be gender-balanced as
  3 13 provided in section 69.16A.
  3 14    2.  For a vacancy occurring after the appointment
  3 15 of the initial membership, the committee shall submit
  3 16 a list of at least two names to the director for
  3 17 consideration in filling the vacancy on the committee.
  3 18 The director shall fill the vacancy from the list of
  3 19 names for a term of three years or for the remainder
  3 20 of the unexpired term.
  3 21    3.  The committee and the director shall ensure
  3 22 that the committee consists of members from both urban
  3 23 and rural areas and represents a broad cross section
  3 24 of the state, selected from the following groups:
  3 25 recovering gamblers, the judicial department, the
  3 26 legal community, law enforcement officials, the
  3 27 religious community, employees of the lottery division
  3 28 of the department of revenue and finance, employees of
  3 29 the state racing and gaming commission, education
  3 30 professionals, parole and probation officers,
  3 31 psychiatrists licensed under chapter 147 or 150A, and
  3 32 representatives from employee assistance programs,
  3 33 consumer credit counseling and financial management
  3 34 agencies, business and industry, human service
  3 35 providers, gambling treatment providers, and other
  3 36 interested citizens.
  3 37    4.  Annually, the chairperson of the committee
  3 38 shall be elected by the committee from among its
  3 39 membership.  The committee shall meet as frequently as
  3 40 the chairperson deems necessary, but not less than
  3 41 annually.  Special meetings may be called by the
  3 42 department, the chairperson, or upon written request
  3 43 by three or more of the members of the committee.
  3 44    5.  Committee members who are applicants for or
  3 45 recipients of funds provided under this program are
  3 46 disqualified from voting on decisions relating to the
  3 47 disbursement of those funds for services in which the
  3 48 member has an interest.
  3 49    6.  Members of the committee shall be allowed their
  3 50 reasonable and necessary expenses incurred in the
  4  1 performance of their duties paid from funds
  4  2 appropriated for the program.  Members of the
  4  3 committee may also be eligible to receive compensation
  4  4 as provided in section 7E.6.
  4  5    Sec.    .  NEW SECTION.  135.112  POWERS AND DUTIES
  4  6 OF THE DIRECTOR.
  4  7    The director shall:
  4  8    1.  Appoint members of the committee pursuant to
  4  9 section 135.111.
  4 10    2.  Be responsible for the administration of the
  4 11 gamblers assistance fund and the gambling treatment
  4 12 program.
  4 13    3.  Employ personnel under chapter 19A for
  4 14 administration of the gamblers treatment fund and the
  4 15 gambling treatment program and to assist the gambling
  4 16 treatment advisory committee.
  4 17    4.  Publish annually a list of facilities providing
  4 18 services to gamblers and persons affected by problem
  4 19 gambling.
  4 20    5.  Take all necessary and proper actions to carry
  4 21 out this chapter.
  4 22    6.  Adopt the necessary rules required to
  4 23 administer this division pursuant to chapter 17A.
  4 24    Sec.    .  NEW SECTION.  135.113  POWERS AND DUTIES
  4 25 OF THE GAMBLING TREATMENT ADVISORY COMMITTEE.
  4 26    The committee shall:
  4 27    1.  Consult with and make recommendations to the
  4 28 department concerning the adoption of rules relating
  4 29 to the treatment of problem gamblers and carrying out
  4 30 the purposes of this division.
  4 31    2.  Recommend services to be offered to treat
  4 32 problem gamblers and persons affected by the actions
  4 33 of problem gamblers.
  4 34    3.  Advise the department on budgeting, planning,
  4 35 and priorities for effective treatment of gamblers.
  4 36    4.  Make recommendations to the director concerning
  4 37 contract proposals.
  4 38    5.  Make recommendations to the director concerning
  4 39 committee vacancies as provided in section 135.111.
  4 40    6.  Take all necessary and proper actions to carry
  4 41 out the purposes of this division.
  4 42    Sec.    .  NEW SECTION.  135.114  AUDITS.
  4 43    A contractor providing services pursuant to this
  4 44 division shall be audited on an annual basis in
  4 45 accordance with the procedures established in section
  4 46 11.36.
  4 47    Sec.    .  NEW SECTION.  135.115  CONFIDENTIALITY
  4 48 OF RECORDS.
  4 49    1.  Records pertaining to participants in the
  4 50 gambling treatment program are confidential pursuant
  5  1 to section 22.7.  The records shall not be inspected
  5  2 and their contents shall not be disclosed except as
  5  3 otherwise provided in this section.
  5  4    2.  The director may examine participants' records
  5  5 in order to review or evaluate the program.
  5  6    3.  The director may provide information from
  5  7 participants' records to a person conducting bona fide
  5  8 research for research purposes under conditions the
  5  9 director deems appropriate, and may disclose or use
  5 10 information regarding the cost, purpose, number of
  5 11 persons served or assisted, results, and other general
  5 12 and statistical information if personal identifying
  5 13 data is not disclosed.
  5 14    4.  A participant's records may be disclosed to
  5 15 medical personnel in a medical emergency involving the
  5 16 patient.
  5 17    5.  Upon written application to and approval of the
  5 18 director, a participant's records shall be disclosed
  5 19 for public duties, audits, and other purposes directly
  5 20 related to the administration of the department.
  5 21    6.  A participant's records shall be disclosed to
  5 22 the participant upon the participant's written
  5 23 request.
  5 24    7.  A person shall not solicit, disclose, receive,
  5 25 use, authorize, or knowingly permit, participate in,
  5 26 or acquiesce in the use of confidential information
  5 27 under this section for commercial or political
  5 28 purposes."
  5 29    #8.  By renumbering as necessary.  
  5 30 
  5 31 
  5 32                              
  5 33 HARRISON of Scott
  5 34 SF 2448.715 76
  5 35 rn/sc
     

Text: H05710                            Text: H05712
Text: H05700 - H05799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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