Text: HF02333 Text: HF02335 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 217.9A, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 3. MULTIDISCIPLINARY COMMUNITY SERVICES
1 4 TEAMS.
1 5 a. The commission, in consultation with the
1 6 confidentiality task force established by the department
1 7 pursuant to 1995 Iowa Acts, chapter 205, section 10,
1 8 subsection 18, shall adopt rules providing standards for the
1 9 formation, operation, and activities of multidisciplinary
1 10 community services teams in accordance with this subsection.
1 11 The commission shall publicly disseminate the standards. A
1 12 team shall not operate under this subsection unless the team
1 13 has been authorized by the commission. The commission shall
1 14 withdraw the authorization for good cause. The rules adopted
1 15 by the commission shall include but are not limited to all of
1 16 the following:
1 17 (1) Policy relating to release of information under this
1 18 subsection.
1 19 (2) Appeal policy and procedures, for a subject of
1 20 confidential information to question an action of a team.
1 21 (3) Education requirements for team members.
1 22 (4) Guidelines for team meeting procedures and team
1 23 structure.
1 24 (5) Provisions for the commission to withdraw a team's
1 25 operational authorization for good cause.
1 26 (6) Procedures to enable a local board of health, or
1 27 comparable entity for any county without a local board of
1 28 health, to monitor the activities of a multidisciplinary team
1 29 within a respective county, as a means of monitoring
1 30 compliance with the commission's rules regarding activities of
1 31 the team. Monitoring by a local board of health or comparable
1 32 entity shall be in addition to any monitoring provisions
1 33 adopted by the commission.
1 34 (7) Provisions to prevent duplication between the
1 35 activities of a multidisciplinary community services team and
2 1 a multidisciplinary team for child abuse under section
2 2 235A.13, dependent adult abuse under section 235B.6, area
2 3 education agency activities under section 294A.14, or child
2 4 victim services under section 910A.16.
2 5 b. A multidisciplinary community services team is a group
2 6 of individuals who possess knowledge and skills relating to
2 7 assessment and remediation of social problems described in
2 8 this paragraph. A team may assess and act to remediate any of
2 9 the following situations:
2 10 (1) An individual or family's lack of necessary income or
2 11 resources to meet basic needs such as housing, nutrition, or
2 12 clothing.
2 13 (2) An individual or family's lack of health care coverage
2 14 to meet necessary medical needs.
2 15 (3) The presence of a conflict or abuse which affects an
2 16 individual or family.
2 17 (4) Other social, economic, educational, medical, or
2 18 behavioral problems which pose a risk to the health or safety
2 19 of an individual or family.
2 20 c. A member of a multidisciplinary community services team
2 21 may include but is not limited to a professional practicing in
2 22 medicine, nursing, public health, substance abuse treatment,
2 23 mental health treatment, social work, human development,
2 24 education, law, juvenile justice, law enforcement, or a person
2 25 who is engaged in working with persons who are in need of
2 26 social services in an employment classification identified in
2 27 rules adopted by the commission. For the purposes of this
2 28 paragraph, "professional" means a person engaged in a
2 29 profession licensed, registered, or certified by the state. A
2 30 team shall also include an advocate for persons receiving
2 31 services.
2 32 d. A multidisciplinary community services team shall
2 33 select a chairperson and other officers as deemed necessary by
2 34 the members of the team. A multidisciplinary community
2 35 services team is not a governmental body as defined in section
3 1 21.2 and is not subject to the provisions of chapter 21,
3 2 relating to open meetings. Notwithstanding chapter 22, the
3 3 confidentiality of information in the possession of a
3 4 multidisciplinary team which is required by law to be
3 5 confidential shall be maintained except as specifically
3 6 provided by this subsection. A member of a multidisciplinary
3 7 community services team shall be considered to be a state
3 8 volunteer under section 669.24 for purposes of tort liability
3 9 for activities performed in accordance with this subsection.
3 10 e. (1) The members of a multidisciplinary community
3 11 services team are expressly authorized to orally disclose
3 12 personally identifying information to one another which is
3 13 otherwise required by law to be confidential. However,
3 14 disclosure of information shall be limited to information
3 15 necessary for the team to assess or remediate an individual
3 16 social problem listed in paragraph "b". Disclosure of
3 17 confidential information other than oral information between
3 18 team members under provisions of this subsection is expressly
3 19 prohibited.
3 20 (2) A member of a multidisciplinary community services
3 21 team shall not use confidential information obtained from
3 22 another team member except in the best interests of the
3 23 subject of the confidential information and shall not disclose
3 24 such information to another person except as otherwise
3 25 authorized by law. A member of a multidisciplinary community
3 26 services team who willfully uses or discloses confidential
3 27 information in violation of this subsection commits a serious
3 28 misdemeanor. Notwithstanding section 903.1, the penalty for a
3 29 person convicted under this paragraph is a fine of not more
3 30 than five hundred dollars in the case of a first offense and
3 31 not more than five thousand dollars in the case of each
3 32 subsequent offense.
3 33 EXPLANATION
3 34 This bill creates multidisciplinary community services
3 35 teams under authority of the commission on children, youth,
4 1 and families of the department of human services. The bill
4 2 provides for teams of qualified individuals to be authorized
4 3 by the commission, in accordance with rules adopted by the
4 4 commission, to assess and act to remediate various social
4 5 problems which may affect an individual or family. The rules
4 6 are to include policies for information releases, appeals by
4 7 subjects of confidential information, team member education
4 8 requirements, team meeting and team structure guidelines, a
4 9 means to withdraw a team's authorization for good cause, a
4 10 means for local boards of health to assist in monitoring local
4 11 teams' compliance with the commission's rules, and provisions
4 12 to prevent duplication between a multidisciplinary community
4 13 services team and other multidisciplinary teams authorized by
4 14 law.
4 15 The members of a team are required to be individuals who
4 16 are qualified in a profession subject to licensure,
4 17 certification, or registration by the state or engaged in a
4 18 position working with persons who are in need of social
4 19 services, as identified in rules. A team is required to
4 20 select a chairperson and other officers as deemed necessary by
4 21 the team. The bill provides that a team is not a governmental
4 22 body subject to Iowa's open meetings law. A member of a team
4 23 is considered to be a state volunteer for purposes of tort
4 24 liability for the member's activities with a team.
4 25 Members of a team are expressly authorized to orally
4 26 disclose confidential information to one another as necessary
4 27 to assess or remediate an individual or family social problem.
4 28 However, further disclosure is expressly prohibited and
4 29 constitutes a serious misdemeanor, subject to a fine of up to
4 30 $500 for a first offense and up to $5,000 for a subsequent
4 31 offense.
4 32 LSB 4084HH 76
4 33 jp/sc/14
Text: HF02333 Text: HF02335 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Tue Mar 5 03:20:29 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/02300/HF02334/960226.html
jhf