Text: HF02347 Text: HF02349 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2348 1 2 1 3 AN ACT 1 4 RELATING TO INSTITUTIONS AND FACILITIES ADMINISTERED BY THE 1 5 DEPARTMENT OF HUMAN SERVICES AND TO SIMILAR AND RELATED 1 6 SERVICES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. INSTITUTIONS ADMINISTERED BY THE DEPARTMENT OF 1 11 HUMAN SERVICES – LEGISLATIVE FINDINGS AND INTENT. During the 1 12 1997 legislative interim, the human services restructuring 1 13 task force of the general assembly visited the state 1 14 institutions administered by the department of human services. 1 15 The task force members heard from concerned parents, service 1 16 consumers, service system administrators, state and community- 1 17 based providers, advocates for the needs of persons with 1 18 disabilities, and many other persons interested in the service 1 19 system for persons with disabilities and juveniles. Based 1 20 upon the task force's review and recommendations, the general 1 21 assembly makes the following findings concerning these 1 22 institutions: 1 23 1. While the department of human services institutions 1 24 were originally established as single-purpose care facilities, 1 25 they are evolving into diversified, multiuse regional resource 1 26 centers with a mixture of public and private providers. 1 27 2. Department of human services facilities provide high 1 28 quality care at a relatively reasonable cost. 1 29 3. The buildings at the department of human services 1 30 institutions have been well maintained and are located to 1 31 serve as community resource centers. 1 32 4. Community-based approaches and individually designed 1 33 services and support are recognized as the most desirable 1 34 means of meeting the needs of persons with disabilities. A 1 35 movement from an institution-oriented system to a community 2 1 and individual-oriented system has occurred over time while 2 2 community resources and individualized services have been 2 3 developed. The general assembly recognizes the role of the 2 4 department of human services and others in furthering this 2 5 movement. As part of this movement, the state institutions 2 6 are evolving to be state-of-the-art service providers for 2 7 persons with chronic, complex, or difficult-to-treat 2 8 conditions for which local services are not adequately 2 9 available, while continuing to make residential services 2 10 available to accommodate individual family choices. 2 11 5. There is a need to foster better understanding of the 2 12 evolving role of the institutions. 2 13 6. The employees of the institutions are a talented, 2 14 dedicated resource available to support community-based 2 15 providers of services to similar populations. 2 16 Institution administrators and employees are encouraged to 2 17 take every opportunity to work with local governments, school 2 18 districts, other state agencies, and private providers to 2 19 invite new uses and fill service gaps compatible with an 2 20 institution's resources. 2 21 It is the intent of the general assembly that the 2 22 department of human services shall provide ongoing training to 2 23 the institutions' employees as necessary to maintain the 2 24 quality of the support made available to community-based 2 25 providers of services. 2 26 Sec. 2. STATUTORY REVISIONS. The legislative council is 2 27 requested to authorize the legislative service bureau to work 2 28 during the 1998 interim with representatives of the state 2 29 institutions administered by the department of human services, 2 30 the governor's developmental disabilities council, a certified 2 31 employee organization that represents residential treatment 2 32 workers, the Iowa association of rehabilitation and 2 33 residential facilities, the Iowa state association of 2 34 counties, the arc of Iowa which was formerly known as the 2 35 association for retarded citizens of Iowa, the alliance for 3 1 the mentally ill of Iowa, and other service system consumers, 3 2 administrators, providers, and advocates in a project of 3 3 reviewing the Iowa Code chapters and other laws pertaining to 3 4 the institutions. The purpose of the project is to develop 3 5 proposed legislation for revising the law to more accurately 3 6 reflect the changed role for these institutions consistent 3 7 with the provisions of this Act. If the project is 3 8 authorized, any proposed legislation should be submitted for 3 9 consideration in the 1999 legislative session by the 3 10 chairpersons and ranking members of the human resources 3 11 committees of the senate and house of representatives and of 3 12 the joint appropriations subcommittee on human services. 3 13 Sec. 3. OUT-OF-STATE SERVICES. 3 14 1. The department of human services shall work with county 3 15 central point of coordination administrators, Iowa protection 3 16 and advocacy, inc., state hospital-school staff, service 3 17 providers, the legal clinic at the state university of Iowa, 3 18 centers for independent living, and service advocates, in 3 19 reviewing services provided to Iowa citizens with mental 3 20 illness or mental retardation or other developmental 3 21 disabilities who are placed outside of this state. The 3 22 purpose of the review is to develop options for implementing 3 23 services and revising admissions requirements to facilitate 3 24 the return of citizens who may be appropriate for placement in 3 25 this state and for ensuring the availability of in-state 3 26 services for placement of any citizen with developmental 3 27 disabilities or mental illness in the future. The department 3 28 shall submit a report containing findings and recommendations 3 29 to the governor and general assembly on or before December 15, 3 30 1998. 3 31 2. The department may enter into discussions with the 3 32 states of Nebraska and Illinois and other states bordering 3 33 Iowa for the states to utilize resources for making 3 34 appropriate services available to citizens of the other 3 35 states. The institutions administered by the department may 4 1 hold preliminary discussions with their counterparts in the 4 2 other states concerning options which may include creation of 4 3 appropriate services to serve citizens from the other state. 4 4 Any proposals developed under this subsection shall be cost 4 5 neutral to the state of Iowa and its political subdivisions. 4 6 Sec. 4. SUBSTANCE ABUSE TREATMENT – METHAMPHETAMINE 4 7 ADDICTION – DUAL DIAGNOSIS PROGRAM. The Iowa department of 4 8 public health shall work with the drug enforcement and abuse 4 9 prevention coordinator, governor's alliance on substance 4 10 abuse, department of human services, and county 4 11 representatives in reviewing the extent of methamphetamine use 4 12 in the state. The review shall identify statistical 4 13 information concerning the prevalence of methamphetamine use 4 14 affecting infants, toddlers, school children, adolescents, 4 15 young adults, and adults. The review report shall provide the 4 16 statistical information and options for early intervention to 4 17 prevent the need for costly long-term interventions such as 4 18 lengthy drug rehabilitation or prison stays. In addition, the 4 19 review shall address the availability of dual diagnosis 4 20 treatment for substance abuse and mental illness, recommend 4 21 whether additional treatment capacity should be developed, 4 22 identify the regional capacity needed, consider separate 4 23 substance abuse and mental illness treatment costs, and 4 24 identify an appropriate per diem cost to be charged for the 4 25 treatment. The review of the current reimbursement rate 4 26 structure shall address the effects of current rate caps on 4 27 state institutions and the amounts paid by managed care 4 28 contractors. The review report shall be submitted to the 4 29 governor and the general assembly on or before December 15, 4 30 1998. 4 31 Sec. 5. STATE INSTITUTIONS – COST RECOVERY. The 4 32 department of human services shall review the degree of cost 4 33 recovery and other financial aspects of the practices applied 4 34 to contracts for use of facilities and other resources of the 4 35 state institutions administered by the department. The 5 1 department shall consult with the department of general 5 2 services, department of corrections, state board of regents, 5 3 auditor of state, and other public and private entities 5 4 knowledgeable concerning facility leasing practices in 5 5 performing the review. The department shall include findings 5 6 and provide other options for cost recovery in a report to the 5 7 governor and general assembly which shall be submitted on or 5 8 before December 15, 1998. 5 9 Sec. 6. Section 18.6, Code 1997, is amended by adding the 5 10 following new subsections: 5 11 NEW SUBSECTION. 15. The state shall purchase those 5 12 products produced for sale by sheltered workshops, work 5 13 activity centers, and other special programs funded in whole 5 14 or in part by public moneys that employ persons with mental 5 15 retardation or other developmental disabilities or mental 5 16 illness if the products meet the required specifications. 5 17 NEW SUBSECTION. 16. The state shall make every effort to 5 18 purchase products produced for sale by employers of persons in 5 19 supported employment. 5 20 Sec. 7. Section 217.3, subsection 4, Code 1997, is amended 5 21 to read as follows: 5 22 4. Approve the budget of the department of human services 5 23 prior to submission to the governor. Prior to approval of the 5 24 budget, the council shall publicize and hold a public hearing 5 25 to provide explanations and hear questions, opinions, and 5 26 suggestions regarding the budget. Invitations to the hearing 5 27 shall be extended to the governor, the governor-elect, the 5 28 director of the department of management, and other persons 5 29 deemed by the council as integral to the budget process. The 5 30 budget materials submitted to the governor shall include a 5 31 review of options for revising the medical assistance program 5 32 made available by federal action or by actions implemented by 5 33 other states as identified by the department, the medical 5 34 assistance advisory council created in section 249A.4, 5 35 subsection 8, and by county representatives. The review shall 6 1 address what potential revisions could be made in this state 6 2 and how the changes would be beneficial to Iowans. 6 3 Sec. 8. Section 222.1, unnumbered paragraph 1, Code 1997, 6 4 is amended to read as follows: 6 5 The Glenwood state hospital-school and the Woodward state 6 6 hospital-school shall be maintained as regional resource 6 7 centers for the purpose of providing treatment, training, 6 8 instruction, care, habilitation, and support of persons with 6 9 mental retardation or other disabilities in this state, and 6 10 providing facilities, services, and other support to the 6 11 communities located in the region being served by a state 6 12 hospital-school. In addition, the state hospital-schools are 6 13 encouraged to serve as a training resource for community-based 6 14 program staff, medical students, and other participants in 6 15 professional education programs. A hospital-school may 6 16 request the approval of the council of human services to 6 17 change the name of the institution for use in communication 6 18 with the public, in signage, and in other forms of 6 19 communication. 6 20 Sec. 9. Section 222.73, subsection 5, Code 1997, is 6 21 amended to read as follows: 6 22 5. A superintendent of a hospital-school or special unit 6 23 may request that the director of human services enter into a 6 24 contract with a person for the hospital-school or special unit 6 25 to provide consultation or treatment services or for 6 26 fulfilling other purposes which are consistent with the 6 27 purposes stated in section 222.1. The contract provisions 6 28 shall include charges which reflect the actual cost of 6 29 providing the services. Any income from a contract authorized 6 30 under this subsection may be retained by the hospital-school 6 31 or special unit to defray the costs of providing the services 6 32 or fulfilling the other purposes. Except for a contract 6 33 voluntarily entered into by a county under this subsection, 6 34 the costs or income associated with a contract authorized 6 35 under this subsection shall not be considered in computing 7 1 charges and per diem costs in accordance with the provisions 7 2 of subsections 1 through 4of this section. 7 3 Sec. 10. Section 226.1, Code 1997, is amended to read as 7 4 follows: 7 5 226.1 OFFICIAL DESIGNATION. 7 6 1. The state hospitals for persons with mental illness 7 7 shall be designated as follows: 7 81.a. Mental Health Institute, Mount Pleasant, Iowa. 7 92.b. Mental Health Institute, Independence, Iowa. 7 103.c. Mental Health Institute, Clarinda, Iowa. 7 114.d. Mental Health Institute, Cherokee, Iowa. 7 12 2. The purpose of the mental health institutes is to 7 13 operate as regional resource centers providing one or more of 7 14 the following: 7 15 a. Treatment, training, care, habilitation, and support of 7 16 persons with mental illness or a substance abuse problem. 7 17 b. Facilities, services, and other support to the 7 18 communities located in the region being served by a mental 7 19 health institute so as to maximize the usefulness of the 7 20 mental health institutes while minimizing overall costs. 7 21 In addition, the mental health institutes are encouraged to 7 22 act as a training resource for community-based program staff, 7 23 medical students, and other participants in professional 7 24 education programs. 7 25 3. A mental health institute may request the approval of 7 26 the council of human services to change the name of the 7 27 institution for use in communication with the public, in 7 28 signage, and in other forms of communication. 7 29 Sec. 11. Section 230.20, subsection 7, Code 1997, is 7 30 amended to read as follows: 7 31 7. A superintendent of a mental health institute may 7 32 request that the director of human services enter into a 7 33 contract with a person for the mental health institute to 7 34 provide consultation or treatment services or for fulfilling 7 35 other purposes which are consistent with the purposes stated 8 1 in section 226.1. The contract provisions shall include 8 2 charges which reflect the actual cost of providing the 8 3 services or fulfilling the other purposes. Any income from a 8 4 contract authorized under this subsection may be retained by 8 5 the mental health institute to defray the costs of providing 8 6 the services. Except for a contract voluntarily entered into 8 7 by a county under this subsection, the costs or income 8 8 associated with a contract authorized under this subsection 8 9 shall not be considered in computing charges and per diem 8 10 costs in accordance with the provisions of subsections 1 8 11 through 6 of this section. 8 12 8 13 8 14 8 15 RON J. CORBETT 8 16 Speaker of the House 8 17 8 18 8 19 8 20 MARY E. KRAMER 8 21 President of the Senate 8 22 8 23 I hereby certify that this bill originated in the House and 8 24 is known as House File 2348, Seventy-seventh General Assembly. 8 25 8 26 8 27 8 28 ELIZABETH ISAACSON 8 29 Chief Clerk of the House 8 30 Approved , 1998 8 31 8 32 8 33 8 34 TERRY E. BRANSTAD 8 35 Governor
Text: HF02347 Text: HF02349 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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