Text: HSB00698 Text: HSB00700 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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. A member shall 3 4 not be appointed to more than two consecutive three-year 3 5 terms. Terms of office shall be staggered, and shall commence 3 6 on July 1 of the year of appointment. The membership of the 3 7 advisory committee shall be gender-balanced as provided in 3 8 section 69.16A. 3 9 2. For a vacancy occurring after the appointment of the 3 10 initial membership, the committee shall submit a list of at 3 11 least two names to the director for consideration in filling 3 12 the vacancy on the committee. The director shall fill the 3 13 vacancy from the list of names for a term of three years or 3 14 for the remainder of the unexpired term. 3 15 3. The committee and the director shall ensure that the 3 16 committee consists of members from both urban and rural areas 3 17 and represents a broad cross section of the state, selected 3 18 from the following groups: recovering gamblers, the judicial 3 19 department, the legal community, law enforcement officials, 3 20 the religious community, employees of the lottery division of 3 21 the department of revenue and finance, employees of the state 3 22 racing and gaming commission, education professionals, parole 3 23 and probation officers, and representatives from employee 3 24 assistance programs, business and industry, human service 3 25 providers, gambling treatment providers, and other interested 3 26 citizens. 3 27 4. Annually, the director shall appoint one member of the 3 28 committee to serve as chairperson of the committee. The com- 3 29 mittee shall meet as frequently as the chairperson deems 3 30 necessary, but not less than annually. Special meetings may 3 31 be called by the department, the chairperson, or upon written 3 32 request by three or more of the members of the committee. 3 33 5. Committee members who are applicants for or recipients 3 34 of funds provided under this program are disqualified from 3 35 voting on decisions relating to the disbursement of those 4 1 funds for services in which the member has an interest. 4 2 6. Members of the committee shall be allowed their rea- 4 3 sonable and necessary expenses incurred in the performance of 4 4 their duties paid from funds appropriated for the program. 4 5 Members of the committee may also be eligible to receive 4 6 compensation as provided in section 7E.6. 4 7 Sec. 5. NEW SECTION. 225D.5 POWERS AND DUTIES OF THE 4 8 DIRECTOR. 4 9 The director shall: 4 10 1. Appoint members of the committee pursuant to section 4 11 225D.4. 4 12 2. Be responsible for the administration of the gamblers 4 13 assistance fund and the gambling treatment program. 4 14 3. Employ personnel under chapter 19A for administration 4 15 of the gamblers assistance fund and the gambling treatment 4 16 program and to assist the gambling treatment advisory 4 17 committee. 4 18 4. Publish annually a list of facilities providing 4 19 services to gamblers and persons affected by problem gambling. 4 20 5. Take all necessary and proper actions to carry out this 4 21 chapter. 4 22 6. Adopt the necessary rules required to administer this 4 23 chapter pursuant to chapter 17A. 4 24 Sec. 6. NEW SECTION. 225D.6 POWERS AND DUTIES OF THE 4 25 GAMBLING TREATMENT ADVISORY COMMITTEE. 4 26 The committee shall: 4 27 1. Consult with and make recommendations to the department 4 28 concerning the adoption of rules relating to the treatment of 4 29 problem gamblers and carrying out the purposes of this 4 30 chapter. 4 31 2. Recommend services to be offered to treat problem 4 32 gamblers and persons affected by the actions of problem 4 33 gamblers. 4 34 3. Advise the department on budgeting, planning, and pri- 4 35 orities for effective treatment of gamblers. 5 1 4. Make recommendations to the director concerning 5 2 contract proposals. 5 3 5. Make recommendations to the director concerning 5 4 committee vacancies as provided in section 225D.4. 5 5 6. Take all necessary and proper actions to carry out the 5 6 purposes of this chapter. 5 7 Sec. 7. NEW SECTION. 225D.7 AUDITS. 5 8 A contractor providing services pursuant to this chapter 5 9 shall be audited on an annual basis in accordance with the 5 10 procedures established in section 11.36. 5 11 Sec. 8. NEW SECTION. 225D.8 CONFIDENTIALITY OF RECORDS. 5 12 1. Records pertaining to participants in the gambling 5 13 treatment program are confidential pursuant to section 22.7. 5 14 The records shall not be inspected and their contents shall 5 15 not be disclosed except as otherwise provided in this section. 5 16 2. The director may examine participants' records in order 5 17 to review or evaluate the program. 5 18 3. The director may provide information from participants' 5 19 records to a person conducting bona fide research for research 5 20 purposes under conditions the director deems appropriate, and 5 21 may disclose or use information regarding the cost, purpose, 5 22 number of persons served or assisted, results, and other 5 23 general and statistical information if personal identifying 5 24 data is not disclosed. 5 25 4. A participant's records may be disclosed to medical 5 26 personnel in a medical emergency involving the patient. 5 27 5. Upon written application to and approval of the 5 28 director, a participant's records shall be disclosed for 5 29 public duties, audits, and other purposes directly related to 5 30 the administration of the department. 5 31 6. A participant's records shall be disclosed to the 5 32 participant upon the participant's written request. 5 33 7. A person shall not solicit, disclose, receive, use, 5 34 authorize, or knowingly permit, participate in, or acquiesce 5 35 in the use of confidential information under this section for 6 1 commercial or political purposes. 6 2 Sec. 9. Section 22.7, Code Supplement 1995, is amended by 6 3 adding the following new subsection: 6 4 NEW SUBSECTION. 33. Records of the department of human 6 5 services pertaining to participants in the gambling treatment 6 6 program except as otherwise provided in section 225D.8 or this 6 7 chapter. 6 8 Sec. 10. Section 99D.7, subsection 21, Code Supplement 6 9 1995, is amended to read as follows: 6 10 21. To cooperate with thegamblers assistancegambling 6 11 treatment program administered by the department of human 6 12 services to incorporate information regarding thegamblers6 13assistancegambling treatment program and its toll-free 6 14 telephone number in printed materials distributed by the 6 15 commission. The commission may require licensees to have the 6 16 information available in a conspicuous place as a condition of 6 17 licensure. 6 18 Sec. 11. Section 99E.9, subsection 8, Code Supplement 6 19 1995, is amended to read as follows: 6 20 8. The Iowa lottery board shall cooperate with the 6 21gamblers assistancegambling treatment program administered by 6 22 the department of human services to incorporate information 6 23 regarding thegamblers assistancegambling treatment program 6 24 and its toll-free telephone number in printed materials 6 25 distributed by the board. 6 26 EXPLANATION 6 27 This bill provides for the establishment of a gambling 6 28 treatment program by the department of human services from 6 29 funds received under section 99E.10 from the gambler's 6 30 assistance fund. The bill creates a gambling treatment 6 31 advisory committee of 11 members appointed by the director of 6 32 human services. The committee is to be composed of a broad 6 33 cross section of professionals and other interested persons 6 34 involved in providing, enforcing, adjudicating, 6 35 rehabilitating, or administering gambling games, laws, 7 1 gamblers, or persons affected by gambling. The bill also 7 2 specifies the powers and duties of the director and the 7 3 committee and outlines the basic features of the gambling 7 4 treatment program to be provided by the department. 7 5 The bill also provides for the confidentiality of records 7 6 relating to participants in the gambling treatment program. 7 7 Violators are guilty of a simple misdemeanor pursuant to 7 8 section 22.6. 7 9 BACKGROUND STATEMENT 7 10 SUBMITTED BY THE AGENCY 7 11 When the lottery legislation passed, it established a 7 12 gamblers assistance fund. The director of human services is 7 13 to administer the fund and provide programs for persons 7 14 affected by gambling, education programs, and preventive 7 15 services. The department manages the gambling treatment 7 16 program to carry out the intent of the two sentences in the 7 17 legislation. The term "gamblers assistance program" confuses 7 18 some people into thinking the program helps educate people on 7 19 how to gamble. The name change to "gambling treatment 7 20 program" serves to clarify the purpose of treatment for those 7 21 experiencing difficulty as a result of problem gambling. 7 22 In addition, an advisory committee was established by the 7 23 department to offer advice and give direction in the 7 24 development and operation of a gambling treatment program. 7 25 Some members of the committee have been more active than 7 26 others. Over the years, attendance has dwindled. Many times 7 27 when the committee had been making decisions or 7 28 recommendations on rules or other proposals, only the active 7 29 members were in attendance to give their opinion. There is 7 30 now no active advisory committee. 7 31 The department recommends the amendment of the Iowa Code by 7 32 adding language specifying the establishment of a gambling 7 33 treatment program and to include the gambling treatment 7 34 advisory committee. 7 35 LSB 3295DP 76 8 1 tj/jw/5.1
Text: HSB00698 Text: HSB00700 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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