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Text: HF00701                           Text: HF00703
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House File 702

Partial Bill History

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                   SINGLE ENTRY POINT PROCESS
  1  3    Section 1.  Section 218.99, Code 1997, is amended to read
  1  4 as follows:
  1  5    218.99  COUNTY AUDITORS COUNTIES TO BE NOTIFIED OF
  1  6 PATIENTS' PERSONAL ACCOUNTS.
  1  7    The administrator of a division of the department of human
  1  8 services in control of a state institution shall direct the
  1  9 business manager of each institution under the administrator's
  1 10 jurisdiction which is mentioned in section 331.424, subsection
  1 11 1, paragraphs "a" and "b" and for which services are paid
  1 12 under section 331.424A to quarterly inform the auditor of the
  1 13 county of legal settlement settlement's entity designated to
  1 14 perform the county's single entry point process of any patient
  1 15 or resident who has an amount in excess of two hundred dollars
  1 16 on account in the patients' personal deposit fund and the
  1 17 amount on deposit.  The administrators shall direct the
  1 18 business manager to further notify the auditor of the county
  1 19 county's single entry point process at least fifteen days
  1 20 before the release of funds in excess of two hundred dollars
  1 21 or upon the death of the patient or resident.  If the patient
  1 22 or resident has no county of legal settlement, notice shall be
  1 23 made to the director of the department of human services and
  1 24 the administrator of the division of the department in control
  1 25 of the institution involved.
  1 26    Sec. 2.  Section 222.13, subsection 1, Code 1997, is
  1 27 amended to read as follows:
  1 28    1.  If an adult person is believed to be a person with
  1 29 mental retardation, the adult person or the adult person's
  1 30 guardian may submit a request through the single entry point
  1 31 process for the county board of supervisors or their
  1 32 designated agent to apply to the superintendent of any state
  1 33 hospital-school for the voluntary admission of the adult
  1 34 person either as an inpatient or an outpatient of the
  1 35 hospital-school.  Submission of an application is subject to a
  2  1 recommendation supporting the placement developed through the
  2  2 single entry point process.  After determining the legal
  2  3 settlement of the adult person as provided by this chapter,
  2  4 the board of supervisors shall, on forms prescribed by the
  2  5 administrator, apply to the superintendent of the hospital-
  2  6 school in the district for the admission of the adult person
  2  7 to the hospital-school.  An application for admission to a
  2  8 special unit of any adult person believed to be in need of any
  2  9 of the services provided by the special unit under section
  2 10 222.88 may be made in the same manner, upon request of the
  2 11 adult person or the adult person's guardian.  The
  2 12 superintendent shall accept the application providing a
  2 13 preadmission diagnostic evaluation, performed through the
  2 14 single entry point process, confirms or establishes the need
  2 15 for admission, except that an application may not be accepted
  2 16 if the institution does not have adequate facilities available
  2 17 or if the acceptance will result in an overcrowded condition.
  2 18    Sec. 3.  Section 222.61, unnumbered paragraph 1 and
  2 19 subsection 1, Code 1997, are amended to read as follows:
  2 20    When the board of supervisors of any a county receives an
  2 21 application on behalf of any person for admission to a
  2 22 hospital-school or a special unit or when any court issues an
  2 23 order committing any person to a hospital-school or a special
  2 24 unit, the board of supervisors shall utilize the single entry
  2 25 point process to determine or the court shall determine and
  2 26 enter as a matter of record whether the legal settlement of
  2 27 the person is in one of the following:
  2 28    1.  In the county in which the board of supervisors
  2 29 application is received or court is located.
  2 30    Sec. 4.  Section 222.62, Code 1997, is amended to read as
  2 31 follows:
  2 32    222.62  SETTLEMENT IN ANOTHER COUNTY.
  2 33    Whenever the board of supervisors utilizes a single entry
  2 34 point process to determine or the court determines that the
  2 35 legal settlement of the person is other than in the county in
  3  1 which the board application is received or the court is
  3  2 located, the board or court shall, as soon as determination is
  3  3 made, certify such finding to the superintendent of the
  3  4 hospital-school or the special unit where the person is a
  3  5 patient.  The superintendent shall charge the expenses already
  3  6 incurred and unadjusted, and all future expenses of the
  3  7 patient, to the county so certified until said the patient's
  3  8 legal settlement shall be otherwise determined as provided by
  3  9 this chapter.
  3 10    Sec. 5.  Section 222.64, Code 1997, is amended to read as
  3 11 follows:
  3 12    222.64  FOREIGN STATE OR UNKNOWN LEGAL SETTLEMENT.
  3 13    If the legal settlement of the person is found by the board
  3 14 of supervisors through a single entry point process or the
  3 15 court to be in a foreign state or country or is found to be
  3 16 unknown, the board of supervisors or the court shall
  3 17 immediately notify the administrator of such the finding and
  3 18 shall furnish the administrator with a copy of the evidence
  3 19 taken on the question of legal settlement.  The care of said
  3 20 the person shall be as arranged by the board of supervisors or
  3 21 by such an order as the court may enter.  Application for
  3 22 admission or order of commitment may be made pending
  3 23 investigation by the administrator.
  3 24    Sec. 6.  Section 229.42, unnumbered paragraph 1, Code 1997,
  3 25 is amended to read as follows:
  3 26    If a person wishing to make application for voluntary
  3 27 admission to a mental hospital established by chapter 226 is
  3 28 unable to pay the costs of hospitalization or those
  3 29 responsible for the person are unable to pay the costs,
  3 30 application for authorization of voluntary admission must be
  3 31 made to any clerk of the district court through a single entry
  3 32 point process before application for admission is made to the
  3 33 hospital.  The clerk shall determine the person's county of
  3 34 legal settlement shall be determined through the single entry
  3 35 point process and if the admission is approved through the
  4  1 single entry point process, the clerk shall authorize the
  4  2 person's admission to a mental health hospital shall be
  4  3 authorized as a voluntary case.  The authorization shall be
  4  4 issued on forms provided by the administrator.  The clerk
  4  5 shall at once provide a duplicate copy of the form to the
  4  6 single entry point process.  The costs of the hospitalization
  4  7 shall be paid by the county of legal settlement to the
  4  8 director of revenue and finance and credited to the general
  4  9 fund of the state, providing the mental health hospital
  4 10 rendering the services has certified to the county auditor of
  4 11 the county of legal settlement the amount chargeable to the
  4 12 county and has sent a duplicate statement of the charges to
  4 13 the director of revenue and finance.  A county shall not be
  4 14 billed for the cost of a patient unless the patient's
  4 15 admission is authorized through the single entry point
  4 16 process.  The mental health institute and the county shall
  4 17 work together to locate appropriate alternative placements and
  4 18 services, and to educate patients and family members of
  4 19 patients regarding such alternatives.  
  4 20                           DIVISION II
  4 21                   REGIONAL PLANNING COUNCILS
  4 22    Sec. 7.  Section 225C.7, subsection 3, Code 1997, is
  4 23 amended by striking the subsection.
  4 24    Sec. 8.  Section 225C.18, subsections 1 and 2, Code 1997,
  4 25 are amended by striking the subsections and inserting in lieu
  4 26 thereof the following:
  4 27    1.  A county may participate in a mental health and
  4 28 developmental disabilities regional planning council.  The
  4 29 region encompassed by a planning council shall be determined
  4 30 by the counties participating in the planning council.
  4 31    2.  The boards of supervisors of the counties comprising
  4 32 the planning council shall determine the size and membership
  4 33 of the planning council.
  4 34    Sec. 9.  Section 225C.18, subsection 3, Code 1997, is
  4 35 amended by striking the subsection.
  5  1    Sec. 10.  Section 225C.18, subsection 4, unnumbered
  5  2 paragraph 1, Code 1997, is amended to read as follows:
  5  3    A planning council shall may perform the following tasks:
  5  4    Sec. 11.  Section 225C.18, subsection 5, Code 1997, is
  5  5 amended to read as follows:
  5  6    5.  The requirements provisions of this section relating to
  5  7 services to persons with disabilities are not intended as and
  5  8 shall not be construed as a requirement to provide services.  
  5  9                          DIVISION III
  5 10       DEPARTMENT OF HUMAN SERVICES EMPLOYEE RECORD CHECKS
  5 11    Sec. 12.  Section 218.13, subsections 2, 3, 4, and 5, Code
  5 12 1997, are amended to read as follows:
  5 13    2.  If a person is being considered for employment
  5 14 involving direct responsibility for a resident or with access
  5 15 to a resident when the resident is alone, or if a person will
  5 16 reside in a facility utilized by an institution, and if the
  5 17 person has been convicted of a crime or has a record of
  5 18 founded child or dependent adult abuse, the department shall
  5 19 perform an evaluation to determine whether the crime or
  5 20 founded child abuse warrants prohibition of employment or
  5 21 residence in the facility.  The department shall conduct
  5 22 criminal and child and dependent adult abuse record checks of
  5 23 the person in this state and may conduct these checks in other
  5 24 states.  The investigation and evaluation shall be performed
  5 25 in accordance with procedures adopted for this purpose by the
  5 26 department.
  5 27    3.  If the department determines that a person, who is
  5 28 employed by an institution or resides in a facility utilized
  5 29 by an institution, has been convicted of a crime or has a
  5 30 record of founded child or dependent adult abuse, the
  5 31 department shall perform an evaluation to determine whether
  5 32 prohibition of the person's employment or residence is
  5 33 warranted.  The evaluation shall be performed in accordance
  5 34 with procedures adopted for this purpose by the department.
  5 35    4.  In an evaluation, the department shall consider the
  6  1 nature and seriousness of the crime or founded child or
  6  2 dependent adult abuse in relation to the position sought or
  6  3 held, the time elapsed since the commission of the crime or
  6  4 founded child abuse, the circumstances under which the crime
  6  5 or founded child abuse was committed, the degree of
  6  6 rehabilitation, the likelihood that the person will commit the
  6  7 crime or founded child abuse again, and the number of crimes
  6  8 or founded child abuses committed by the person involved.  The
  6  9 department may permit a person who is evaluated to be employed
  6 10 or reside or to continue employment or residence if the person
  6 11 complies with the department's conditions relating to
  6 12 employment or residence which may include completion of
  6 13 additional training.
  6 14    5.  If the department determines that the person has
  6 15 committed a crime or has a record of founded child or
  6 16 dependent adult abuse which warrants prohibition of employment
  6 17 or residence, the person shall not be employed by an
  6 18 institution or reside in a facility utilized by an
  6 19 institution.  
  6 20                           DIVISION IV
  6 21          DECATEGORIZATION OF ADULT DISABILITY SERVICES
  6 22    Sec. 13.  DECATEGORIZATION PLANNING.
  6 23    1.  Up to three counties or combinations of counties may
  6 24 participate in a funding decategorization planning process as
  6 25 provided in this section.  Upon the request of a participating
  6 26 county, the department of human services and the division of
  6 27 vocational rehabilitation of the department of education shall
  6 28 assign representatives who are knowledgeable of their agency's
  6 29 funding streams, to participate in a planning process
  6 30 conducted by the participating county.  The purpose of the
  6 31 planning process shall be to determine the feasibility of
  6 32 decategorizing the following county, state, and state-federal
  6 33 funding categories:
  6 34    a.  Moneys levied under and deposited in the county's
  6 35 services fund under section 331.424A.
  7  1    b.  The medical assistance program under chapter 249A.
  7  2    c.  State supplementary assistance under chapter 249.
  7  3    d.  Federal social services block grant funds distributed
  7  4 by the state to counties for local purchase of services.
  7  5    e.  Moneys distributed from the mental health and
  7  6 developmental disabilities community services fund created in
  7  7 section 225C.7.
  7  8    f.  Federal vocational rehabilitation funds projected to be
  7  9 used for adult disability services in the participating county
  7 10 or counties.
  7 11    g.  The portion of federal alcohol, drug abuse, and mental
  7 12 health block grant funds administered by the department of
  7 13 human services.
  7 14    h.  The portion of state hospital-school and state mental
  7 15 health institutes costs which is paid from the general fund of
  7 16 the state.
  7 17    2.  As part of the planning process, the department of
  7 18 human services and the division of vocational rehabilitation
  7 19 shall make available historical expenditure information,
  7 20 budget projections, and other available data relating to
  7 21 persons with disabilities served in a county participating in
  7 22 the planning process.  
  7 23                           DIVISION V
  7 24                         COUNTY AUDITOR
  7 25    Sec. 14.  Section 222.2, Code 1997, is amended by adding
  7 26 the following new subsection:
  7 27    NEW SUBSECTION.  1A.  "Auditor" means the county auditor or
  7 28 the auditor's designee.
  7 29    Sec. 15.  Section 229.1, Code 1997, is amended by adding
  7 30 the following new subsection:
  7 31    NEW SUBSECTION.  1A.  "Auditor" means the county auditor or
  7 32 the auditor's designee.
  7 33    Sec. 16.  NEW SECTION.  230.34A  AUDITOR DEFINED.
  7 34    As used in this chapter, "auditor" means the county auditor
  7 35 or the auditor's designee.
  8  1    Sec. 17.  Section 252.22, Code 1997, is amended by adding
  8  2 the following new unnumbered paragraph:
  8  3    NEW UNNUMBERED PARAGRAPH.  For the purposes of this
  8  4 section, "auditor" means the county auditor or the auditor's
  8  5 designee.  
  8  6                           DIVISION VI
  8  7                     HEALTH CARE FACILITIES
  8  8    Sec. 18.  Section 135C.6, subsection 8, Code 1997, is
  8  9 amended by adding the following new paragraph:
  8 10    NEW PARAGRAPH.  c.  A total of twenty residential care
  8 11 facilities for persons with mental retardation which are
  8 12 licensed to serve no more than five individuals may be
  8 13 authorized by the department of human services to convert to
  8 14 operation as a residential program under the provisions of a
  8 15 medical assistance home and community-based services waiver
  8 16 for persons with mental retardation.  A converted residential
  8 17 program is subject to the conditions stated in paragraph "b"
  8 18 except that the program shall not serve more than five
  8 19 individuals.  The department of human services shall allocate
  8 20 conversion authorizations to provide for four conversions in
  8 21 each of the department's five service regions.  If a
  8 22 conversion authorization allocated to a region is not used for
  8 23 conversion by January 1, 1998, the department of human
  8 24 services may reallocate the unused conversion authorization to
  8 25 another region.  The department of human services shall study
  8 26 the cost effectiveness of the conversions and provide an
  8 27 initial report to the general assembly no later than January
  8 28 2, 1998, and a final report no later than December 15, 1998.
  8 29    Sec. 19.  Section 135C.9, Code 1997, is amended by adding
  8 30 the following new subsection:
  8 31    NEW SUBSECTION.  4.  If a facility subject to licensure
  8 32 under this chapter, a facility exempt from licensure under
  8 33 this chapter pursuant to section 135C.6, or a family home
  8 34 under section 335.25 or 414.22, has been issued a certificate
  8 35 of compliance or a provisional certificate of compliance under
  9  1 subsection 1 or 3, or has otherwise been approved as complying
  9  2 with a rule or standard by the state or a deputy fire marshal
  9  3 or a local building department as defined in section 103A.3,
  9  4 the state or deputy fire marshal or local building department
  9  5 which issued the certificate, provisional certificate, or
  9  6 approval shall not apply additional requirements for
  9  7 compliance with the rule or standard unless the rule or
  9  8 standard is revised in accordance with chapter 17A or with
  9  9 local regulatory procedure following issuance of the
  9 10 certificate, provisional certificate, or approval.
  9 11    Sec. 20.  ENHANCED RESIDENTIAL CARE FACILITY FOR PERSONS
  9 12 WITH MENTAL RETARDATION REIMBURSEMENT RATES.  The department
  9 13 of human services shall design a program to provide an
  9 14 enhanced reimbursement rate for individuals transferred from
  9 15 an intermediate care facility for persons with mental
  9 16 retardation to a residential care facility for persons with
  9 17 mental retardation.  The enhanced reimbursement rate shall not
  9 18 exceed the nonfederal share of intermediate care facility for
  9 19 persons with mental retardation reimbursement plus state
  9 20 supplementary assistance.  The department shall report to the
  9 21 general assembly concerning the program on or before January
  9 22 1, 1998.  The report shall address both the cost impact and
  9 23 decreased utilization of intermediate care facilities for
  9 24 persons with mental retardation level of care which may result
  9 25 from implementation of the program.  
  9 26                          DIVISION VII
  9 27       STATE-COUNTY MANAGEMENT COMMITTEE AND SERVICE PLANS
  9 28    Sec. 21.  1997 Iowa Acts, House File 715, section 22,
  9 29 relating to the mental health and developmental disabilities
  9 30 community services fund, if enacted, is amended by adding the
  9 31 following new subsection:
  9 32    NEW SUBSECTION.  9.  The department, following consultation
  9 33 with the Iowa state association of counties, may adopt
  9 34 emergency rules as necessary for the department to negotiate
  9 35 contractual agreements between providers of mental health,
 10  1 mental retardation, and developmental disabilities local
 10  2 purchase services and the department for the benefit of
 10  3 counties for local purchase services.
 10  4    Sec. 22.  Section 331.439, subsection 3, paragraph b, Code
 10  5 1997, as amended by 1997 Iowa Acts, House File 255, section 4,
 10  6 is amended to read as follows:
 10  7    b.  Based upon information contained in county management
 10  8 plans and budgets, the state-county management committee shall
 10  9 recommend an allowed growth factor adjustment to the governor
 10 10 by November 15 for the fiscal year which commences two years
 10 11 from the beginning date of the fiscal year in progress at the
 10 12 time the recommendation is made.  The allowed growth factor
 10 13 adjustment shall address costs associated with new consumers
 10 14 of service, service cost inflation, and investments for
 10 15 economy and efficiency.  In developing the service cost
 10 16 inflation recommendation, the committee shall consider the
 10 17 cost trends indicated by the gross expenditure amount reported
 10 18 in the expenditure reports submitted by counties pursuant to
 10 19 subsection 1, paragraph "b".  The governor shall consider the
 10 20 committee's recommendation in developing the governor's
 10 21 recommendation for an allowed growth factor adjustment for
 10 22 such fiscal year.  The governor's recommendation shall be
 10 23 submitted at the time the governor's proposed budget for the
 10 24 succeeding fiscal year is submitted in accordance with chapter
 10 25 8.
 10 26    Sec. 23.  Section 331.439, Code 1997, is amended by adding
 10 27 the following new subsection:
 10 28    NEW SUBSECTION.  7.  A county shall annually report data
 10 29 concerning the services managed by the county.  At a minimum,
 10 30 the data reported shall indicate the number of different
 10 31 individuals who utilized services in a fiscal year and the
 10 32 various types of services.  Data reported under this
 10 33 subsection shall be submitted with the county's expenditure
 10 34 report required under subsection 1, paragraph "b".
 10 35    Sec. 24.  Section 331.439, Code 1997, is amended by adding
 11  1 the following new subsection:
 11  2    NEW SUBSECTION.  8.  A county's management plans submitted
 11  3 under this section shall allow for the service needs of all
 11  4 ages of persons for whom expenditures may be made from the
 11  5 county's services fund.
 11  6    Sec. 25.  EFFECTIVE DATE AND APPLICABILITY PROVISION.
 11  7 Section 24 of this division of this Act, being deemed of
 11  8 immediate importance, takes effect upon enactment.  The
 11  9 requirements of section 24 shall first apply to county mental
 11 10 health, mental retardation, and developmental disabilities
 11 11 services plans submitted under section 331.439 applicable to
 11 12 the fiscal year beginning July 1, 1997.  If a county's
 11 13 management plan for that fiscal year was submitted prior to
 11 14 the effective date of section 24 and is not in compliance with
 11 15 the provisions of section 24 of this Act, the county shall
 11 16 submit an amendment to the management plan as necessary for
 11 17 compliance.  The amendment shall be submitted within 60 days
 11 18 of the effective date of section 24 and is subject to the
 11 19 approval provisions of section 331.439.  
 11 20                          DIVISION VIII
 11 21                        ICFMR CONVERSION
 11 22    Sec. 26.  Section 135C.6, Code 1997, is amended by adding
 11 23 the following new subsection:
 11 24    NEW SUBSECTION.  8A.  Contingent upon the department of
 11 25 human services receiving federal approval, a residential
 11 26 program which serves not more than eight individuals and is
 11 27 licensed as an intermediate care facility for persons with
 11 28 mental retardation may surrender the facility license and
 11 29 continue to operate under a federally approved medical
 11 30 assistance home and community-based services waiver for
 11 31 persons with mental retardation, if the department of human
 11 32 services has approved a plan submitted by the residential
 11 33 program.  
 11 34                           DIVISION IX
 11 35                        LEGAL SETTLEMENT
 12  1    Sec. 27.  Section 252.16, subsection 8, Code 1997, is
 12  2 amended to read as follows:
 12  3    8.  A person receiving treatment or support services from
 12  4 any community based provider of, whether organized for
 12  5 pecuniary profit or not or whether supported by charitable or
 12  6 public or private funds, that provides treatment or services
 12  7 for mental retardation, developmental disabilities, mental
 12  8 health, brain injury, or substance abuse does not acquire
 12  9 legal settlement in the host county in which the site of the
 12 10 provider is located unless the person continuously resides in
 12 11 the host that county for one year from the date of the last
 12 12 treatment or support service received by the person.  
 12 13 HF 702
 12 14 jp/pk/25
     
Text: HF00701                           Text: HF00703
Text: HF00700 - HF00799                 Text: HF Index
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