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Senate File 315

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 135.63, Code 1995, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4.  For the period beginning July 1, 1995,
  1  4 and ending June 30, 1997, the department shall not process
  1  5 applications for and the council shall not consider a new or
  1  6 changed institutional health service for an intermediate care
  1  7 facility for the mentally retarded except as provided in this
  1  8 subsection.
  1  9    a.  For the period beginning July 1, 1995, and ending June
  1 10 30, 1997, the department and council shall process
  1 11 applications and consider applications if either of the
  1 12 following conditions are met:
  1 13    (1)  An institutional health facility is reducing the size
  1 14 of the facility's intermediate care facility for the mentally
  1 15 retarded program and wishes to convert an existing number of
  1 16 the facility's approved beds in that program to smaller living
  1 17 environments in accordance with state policies in effect
  1 18 regarding the size and location of such facilities.
  1 19    (2)  An institutional health facility proposes to locate a
  1 20 new intermediate care facility for the mentally retarded in an
  1 21 area of the state identified by the department of human
  1 22 services as underserved by intermediate care facility for the
  1 23 mentally retarded beds.
  1 24    b.  Both of the following requirements shall apply to an
  1 25 application considered under this section:
  1 26    (1)  The new or changed beds shall not result in an
  1 27 increase in the total number of medical assistance certified
  1 28 intermediate care facility for the mentally retarded beds in
  1 29 the state as of July 1, 1994.
  1 30    (2)  A letter of support for the application is provided by
  1 31 the director of human services and the county board of
  1 32 supervisors, or the board's designee, in the county in which
  1 33 the beds would be located.
  1 34    Sec. 2.  Section 228.1, subsection 1, Code 1995, is amended
  1 35 to read as follows:
  2  1    1.  "Administrative information" means an individual's
  2  2 name, identifying number, age, sex, address, dates and
  2  3 character of professional services provided to the individual,
  2  4 fees for the professional services, third-party payor name and
  2  5 payor number of a patient, if known, name and location of the
  2  6 facility where treatment is received, the date of the
  2  7 individual's admission to the facility, and the name of the
  2  8 individual's attending physician or attending mental health
  2  9 professional.
  2 10    Sec. 3.  Section 229.24, Code 1995, is amended by adding
  2 11 the following new subsection:
  2 12    NEW SUBSECTION.  3.  If all or part of the costs associated
  2 13 with hospitalization of an individual under this chapter are
  2 14 chargeable to a county of legal settlement, the county of
  2 15 legal settlement and the county in which the hospitalization
  2 16 order is entered shall have access to the following
  2 17 information pertaining to the individual which would be
  2 18 confidential under subsection 1:
  2 19    a.  Administrative information, as defined in section
  2 20 228.1.
  2 21    b.  An evaluation order under this chapter and the location
  2 22 of the individual's placement under the order.
  2 23    c.  A hospitalization or placement order under this chapter
  2 24 and the location of the individual's placement under the
  2 25 order.
  2 26    d.  The date, location, and disposition of any hearing
  2 27 concerning the individual held under this chapter.
  2 28    e.  Any payment source available for the costs of the
  2 29 individual's care.
  2 30    Sec. 4.  Section 230.20, Code 1995, is amended by adding
  2 31 the following new subsection:
  2 32    NEW SUBSECTION.  7.  The department shall provide a county
  2 33 with information, which is not otherwise confidential under
  2 34 law, in the department's possession concerning a patient whose
  2 35 cost of care is chargeable to the county, including but not
  3  1 limited to the information specified in section 229.24,
  3  2 subsection 3.
  3  3    Sec. 5.  Section 331.438, subsection 3, paragraph b, Code
  3  4 1995, is amended to read as follows:
  3  5    b.  The management committee shall consist of not more than
  3  6 nine eleven voting members representing the state and
  3  7 counties. as follows:
  3  8    (1)  An equal number of the not more than nine members
  3  9 shall be appointed by the director of human services and the
  3 10 Iowa state association of counties and one additional member
  3 11 shall be jointly appointed by both entities.  Members
  3 12 appointed by the Iowa state association of counties shall be
  3 13 selected from a pool nominated by the county supervisor
  3 14 affiliate of the association with four members from the
  3 15 affiliate.  The affiliate shall select the nominees through a
  3 16 secret ballot process.
  3 17    (2)  In addition, the The committee shall also include one
  3 18 member nominated by service providers and one member nominated
  3 19 by service advocates and consumers, with both members
  3 20 appointed by the governor.
  3 21    (3)  In addition, the committee shall include four members
  3 22 of the general assembly with one each designated by the
  3 23 majority leader and minority leader of the senate and the
  3 24 speaker and minority leader of the house of representatives.
  3 25 A legislative member serves in an ex officio, nonvoting
  3 26 capacity and is eligible for per diem and expenses as provided
  3 27 in section 2.10.
  3 28    (4)  A member who is not a legislator shall have expenses
  3 29 and other costs paid by the state or the county entity that
  3 30 the member represents.  The committee shall establish terms
  3 31 for its members, elect officers, adopt operating procedures,
  3 32 and meet as deemed necessary by the committee.
  3 33    Sec. 6.  STATE-COUNTY MANAGEMENT COMMITTEE.  The state-
  3 34 county management committee's annual report to be submitted to
  3 35 the governor and the general assembly no later than January 1,
  4  1 1996, pursuant to section 331.438, subsection 3, paragraph
  4  2 "c", subparagraph (13), shall include the following:
  4  3    1.  Proposed benchmarks for efficiency and quality in the
  4  4 delivery of mental health and developmental disabilities
  4  5 assistance by the state and counties.  The committee shall
  4  6 consider the following efficiency measures in developing the
  4  7 benchmarks:
  4  8    a.  Consumer satisfaction and outcomes.
  4  9    b.  Relative number of acute care days used.
  4 10    c.  Net expenditures per capita for the same disability.
  4 11    d.  Number of persons served and number of persons unserved
  4 12 or underserved.
  4 13    e.  Disability populations served and unserved.
  4 14    f.  Number of persons served in varying types of services
  4 15 settings, from least restrictive to most restrictive.
  4 16    g.  Community-based service availability and number of
  4 17 persons served outside the local area.
  4 18    h.  Equity with respect to local taxing ability.
  4 19    2.  Recommendations for the state and counties to provide
  4 20 mental health and developmental disabilities assistance under
  4 21 a fixed funding budget.  The committee shall consider all of
  4 22 the following in developing the recommendations:
  4 23    a.  The feasibility of requiring counties to expend a
  4 24 certain portion of the budgeted moneys for implementing
  4 25 community-based services innovations to reduce acute care
  4 26 placements.
  4 27    b.  Modifying legal mandates for counties to serve
  4 28 particular disability populations so that the legal
  4 29 consequences are clarified if a county has insufficient
  4 30 funding for an entire fiscal year and mandated services or
  4 31 populations remain without assistance.
  4 32    c.  The effect of counties continuing to provide assistance
  4 33 to persons with mental illness or a developmental disability
  4 34 who received the assistance as of June 30, 1995, regardless of
  4 35 whether the assistance is mandated.
  5  1    d.  Any statutory changes which would be necessary to allow
  5  2 the placing of persons on a waiting list for assistance and
  5  3 the feasibility of establishing crisis services to meet the
  5  4 short-term needs of persons placed on a waiting list.
  5  5    e.  Creation of an appeal process for persons denied
  5  6 assistance or denied access to the assistance desired.
  5  7    f.  Provisions to require the state and counties to
  5  8 maintain their financial commitments under a fixed funding
  5  9 budget.
  5 10    3.  Consideration and recommendations involving the
  5 11 following intermediate care facility for the mentally retarded
  5 12 issues:
  5 13    a.  Providing more authority for case managers, in
  5 14 conjunction with the medical assistance review organization,
  5 15 to review placement requests and participate in meetings to
  5 16 consider treatment provided to a resident of an intermediate
  5 17 care facility for the mentally retarded.
  5 18    b.  Determining the need for and methods for improving the
  5 19 education level of intermediate care facilities for the
  5 20 mentally retarded providers concerning levels of active
  5 21 treatment provided to residents.
  5 22    Sec. 7.  APPLICABILITY.  The provisions of section 5 of
  5 23 this Act shall apply to appointments made on or after July 1,
  5 24 1995, for expired terms and to fill vacancies in the
  5 25 membership of the state-county management committee.
  5 26    Sec. 8.  EFFECTIVE DATE.  Section 1 of this Act, being
  5 27 deemed of immediate importance, takes effect upon enactment.  
  5 28 SF 315
  5 29 jp/cc/26
     

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