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PAG LIN 1 1 Section 1. NEW SECTION. 225D.1 LEGISLATIVE INTENT. 1 2 The intent of this chapter is to provide quality treatment 1 3 and rehabilitation services to persons experiencing 1 4 difficulties as a result of problem gambling, to ensure that 1 5 the services are adequately administered by competent persons, 1 6 and to encourage and coordinate education and other preventive 1 7 efforts concerning problem gambling. 1 8 Sec. 2. NEW SECTION. 225D.2 DEFINITIONS. 1 9 As used in this chapter, unless the context otherwise 1 10 requires: 1 11 1. "Committee" means the gambling treatment advisory 1 12 committee established in section 225D.4. 1 13 2. "Department" means the department of human services. 1 14 3. "Director" means the director of human services. 1 15 4. "Participant" means a person receiving services 1 16 provided through the gambling treatment program established in 1 17 section 225D.3. 1 18 5. "Program" means the gambling treatment program 1 19 established in section 225D.3. 1 20 Sec. 3. NEW SECTION. 225D.3 GAMBLING TREATMENT PROGRAM 1 21 ESTABLISHED. 1 22 1. A gambling treatment program is established within the 1 23 department of human services. The department shall develop, 1 24 implement, and administer the program, with the assistance of 1 25 the gambling treatment advisory committee. 1 26 2. The program shall include the development and 1 27 implementation of a comprehensive treatment program for 1 28 problem gamblers and persons affected by gambling. The 1 29 program may include, but is not limited to, the following: 1 30 a. Outpatient and follow-up treatment. 1 31 b. Rehabilitation programs. 1 32 c. Residential treatment. 1 33 d. Inpatient treatment. 1 34 e. Information and referral services. 1 35 f. Education and preventive services. 2 1 3. The director may enter into written agreements with 2 2 public or private agencies to pay for services for problem 2 3 gamblers and other persons affected by problem gambling. The 2 4 director shall adopt rules, pursuant to chapter 17A, 2 5 specifying the criteria for payment to the facilities. The 2 6 problem gambler or other affected person receiving services is 2 7 responsible for payment for the costs of the services, either 2 8 through direct payment to the facility or reimbursement to the 2 9 department. If the person receiving services has a claim for 2 10 reimbursement for services, through insurance or otherwise, 2 11 the person shall assign the claim to the department. 2 12 4. The director shall develop and encourage the 2 13 development of plans and programs for the prevention of 2 14 gambling problems and the treatment of persons affected by 2 15 problem gambling on a statewide basis and in cooperation with 2 16 public and private agencies by providing technical assistance 2 17 and other services. In cooperation with local gambling 2 18 treatment programs, the director shall organize and implement 2 19 programs for persons offering gambling treatment services. In 2 20 addition, the director shall prepare, publish, and disseminate 2 21 educational material concerning problem gambling and its 2 22 effects, develop and implement an educational program as an 2 23 integral part of treatment programs for problem gamblers and 2 24 other persons affected by problem gambling, and assist in the 2 25 development of gambling educational and treatment programs for 2 26 employees in both the public and private sectors. The 2 27 department may contract for any of the services required in 2 28 this subsection. 2 29 5. The director may conduct or contract for research into 2 30 the causes and nature of gambling problems and serve as a 2 31 clearinghouse for information relating to problem gambling 2 32 treatment. 2 33 Sec. 4. NEW SECTION. 225D.4 GAMBLING TREATMENT ADVISORY 2 34 COMMITTEE ESTABLISHED. 2 35 1. A gambling treatment advisory committee is established 3 1 to advise the department on the administration of the program. 3 2 The committee shall consist of eleven members appointed by the 3 3 director for terms of office of three years and two senators 3 4 and two state representatives appointed by the majority and 3 5 minority leaders of the senate and the speaker and the 3 6 minority leader of the house of representatives, respectively, 3 7 for two-year terms. The legislative members shall be 3 8 nonvoting members. A nonlegislative member shall not be 3 9 appointed to more than two consecutive three-year terms. 3 10 Terms of office shall be staggered, and shall commence on July 3 11 1 of the year of appointment. The membership of the advisory 3 12 committee shall be gender-balanced as provided in section 3 13 69.16A. 3 14 2. For a vacancy occurring after the appointment of the 3 15 initial membership, the committee shall submit a list of at 3 16 least two names to the director for consideration in filling 3 17 the vacancy on the committee. The director shall fill the 3 18 vacancy from the list of names for a term of three years or 3 19 for the remainder of the unexpired term. 3 20 3. The committee and the director shall ensure that the 3 21 committee consists of members from both urban and rural areas 3 22 and represents a broad cross section of the state, selected 3 23 from the following groups: recovering gamblers, the judicial 3 24 department, the legal community, law enforcement officials, 3 25 the religious community, employees of the lottery division of 3 26 the department of revenue and finance, employees of the state 3 27 racing and gaming commission, education professionals, parole 3 28 and probation officers, psychiatrists licensed under chapter 3 29 147 or 150A, and representatives from employee assistance 3 30 programs, consumer credit counseling and financial management 3 31 agencies, business and industry, human service providers, 3 32 gambling treatment providers, and other interested citizens. 3 33 4. Annually, the chairperson of the committee shall be 3 34 elected by the committee from among its membership. The com- 3 35 mittee shall meet as frequently as the chairperson deems 4 1 necessary, but not less than annually. Special meetings may 4 2 be called by the department, the chairperson, or upon written 4 3 request by three or more of the members of the committee. 4 4 5. Committee members who are applicants for or recipients 4 5 of funds provided under this program are disqualified from 4 6 voting on decisions relating to the disbursement of those 4 7 funds for services in which the member has an interest. 4 8 6. Members of the committee shall be allowed their rea- 4 9 sonable and necessary expenses incurred in the performance of 4 10 their duties paid from funds appropriated for the program. 4 11 Members of the committee may also be eligible to receive 4 12 compensation as provided in section 7E.6. 4 13 Sec. 5. NEW SECTION. 225D.5 POWERS AND DUTIES OF THE 4 14 DIRECTOR. 4 15 The director shall: 4 16 1. Appoint members of the committee pursuant to section 4 17 225D.4. 4 18 2. Be responsible for the administration of the gamblers 4 19 assistance fund and the gambling treatment program. 4 20 3. Employ personnel under chapter 19A for administration 4 21 of the gamblers assistance fund and the gambling treatment 4 22 program and to assist the gambling treatment advisory 4 23 committee. 4 24 4. Publish annually a list of facilities providing 4 25 services to gamblers and persons affected by problem gambling. 4 26 5. Take all necessary and proper actions to carry out this 4 27 chapter. 4 28 6. Adopt the necessary rules required to administer this 4 29 chapter pursuant to chapter 17A. 4 30 Sec. 6. NEW SECTION. 225D.6 POWERS AND DUTIES OF THE 4 31 GAMBLING TREATMENT ADVISORY COMMITTEE. 4 32 The committee shall: 4 33 1. Consult with and make recommendations to the department 4 34 concerning the adoption of rules relating to the treatment of 4 35 problem gamblers and carrying out the purposes of this 5 1 chapter. 5 2 2. Recommend services to be offered to treat problem 5 3 gamblers and persons affected by the actions of problem 5 4 gamblers. 5 5 3. Advise the department on budgeting, planning, and pri- 5 6 orities for effective treatment of gamblers. 5 7 4. Make recommendations to the director concerning 5 8 contract proposals. 5 9 5. Make recommendations to the director concerning 5 10 committee vacancies as provided in section 225D.4. 5 11 6. Take all necessary and proper actions to carry out the 5 12 purposes of this chapter. 5 13 Sec. 7. NEW SECTION. 225D.7 AUDITS. 5 14 A contractor providing services pursuant to this chapter 5 15 shall be audited on an annual basis in accordance with the 5 16 procedures established in section 11.36. 5 17 Sec. 8. NEW SECTION. 225D.8 CONFIDENTIALITY OF RECORDS. 5 18 1. Records pertaining to participants in the gambling 5 19 treatment program are confidential pursuant to section 22.7. 5 20 The records shall not be inspected and their contents shall 5 21 not be disclosed except as otherwise provided in this section. 5 22 2. The director may examine participants' records in order 5 23 to review or evaluate the program. 5 24 3. The director may provide information from participants' 5 25 records to a person conducting bona fide research for research 5 26 purposes under conditions the director deems appropriate, and 5 27 may disclose or use information regarding the cost, purpose, 5 28 number of persons served or assisted, results, and other 5 29 general and statistical information if personal identifying 5 30 data is not disclosed. 5 31 4. A participant's records may be disclosed to medical 5 32 personnel in a medical emergency involving the patient. 5 33 5. Upon written application to and approval of the 5 34 director, a participant's records shall be disclosed for 5 35 public duties, audits, and other purposes directly related to 6 1 the administration of the department. 6 2 6. A participant's records shall be disclosed to the 6 3 participant upon the participant's written request. 6 4 7. A person shall not solicit, disclose, receive, use, 6 5 authorize, or knowingly permit, participate in, or acquiesce 6 6 in the use of confidential information under this section for 6 7 commercial or political purposes. 6 8 Sec. 9. Section 22.7, Code Supplement 1995, is amended by 6 9 adding the following new subsection: 6 10 NEW SUBSECTION. 33. Records of the department of human 6 11 services pertaining to participants in the gambling treatment 6 12 program except as otherwise provided in section 225D.8 or this 6 13 chapter. 6 14 Sec. 10. Section 99D.7, subsection 21, Code Supplement 6 15 1995, is amended to read as follows: 6 16 21. To cooperate with thegamblers assistancegambling 6 17 treatment program administered by the department of human 6 18 services to incorporate information regarding thegamblers6 19assistancegambling treatment program and its toll-free 6 20 telephone number in printed materials distributed by the 6 21 commission. The commission may require licensees to have the 6 22 information available in a conspicuous place as a condition of 6 23 licensure. 6 24 Sec. 11. Section 99E.9, subsection 8, Code Supplement 6 25 1995, is amended to read as follows: 6 26 8. The Iowa lottery board shall cooperate with the 6 27gamblers assistancegambling treatment program administered by 6 28 the department of human services to incorporate information 6 29 regarding thegamblers assistancegambling treatment program 6 30 and its toll-free telephone number in printed materials 6 31 distributed by the board. 6 32 HF 2435 6 33 tj/pk/25
Text: HF02434 Text: HF02436 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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