Text: HSB00652 Text: HSB00654 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 230A.1, Code 1997, is amended to read 1 2 as follows: 1 3 230A.1 ESTABLISHMENT AND SUPPORT OF COMMUNITY MENTAL 1 4 HEALTH CENTERS. 1 5 1. A county or affiliated counties, by action of the board 1 6 or boards of supervisors prior to July 1, 1996, with approval 1 7 of the administrator of the division of mental health and 1 8 developmental disabilities of the department of human 1 9 services, may establish a community mental health center under 1 10 this chapter to serve the county or counties.In establishing1 11the community mental health center, the board of supervisors1 12of each county involved may make a single nonrecurring1 13expenditure, in an amount determined by the board.This 1 14 section does not limit the authority of the board or boards of 1 15 supervisors of any county or group of counties to continue to 1 16 expend money to support operation of the center, and to form 1 17 agreements with the board of supervisors of any additional 1 18 county for that county to join in supporting and receiving 1 19 services from or through the center. 1 20 2. A person shall not use the term "community mental 1 21 health center" or "mental health center" to describe the 1 22 person or represent to the public that the person is a 1 23 community mental health center or mental health center, unless 1 24 the person is established as a community mental health center 1 25 under this section and is subject to the standards for 1 26 community mental health centers adopted by the mental health 1 27 and mental retardation commission. A person who falsely uses 1 28 a term or otherwise makes a representation to the public in 1 29 violation of this subsection commits a simple misdemeanor. 1 30 Each day of continued violation is a separate offense. In 1 31 addition, a person may be restrained by temporary or permanent 1 32 injunction from wrongful use of the term or from other 1 33 representations to the public in violation of this subsection. 1 34 Sec. 2. Section 230A.3, Code 1997, is amended to read as 1 35 follows: 2 1 230A.3 FORMS OF ORGANIZATION. 2 2 Each community mental health center established or 2 3 continued in operation as authorized by section 230A.1 shall 2 4 be organized and administered in accordance with one of the 2 5twothree alternative forms prescribed by this chapter. The 2 6twothree alternative forms are: 2 7 1. Direct establishment of the center by the county or 2 8 counties supporting it and administration of the center by an 2 9 elected board of trustees, pursuant to sections 230A.4 to 2 10 230A.11. 2 11 2. Establishment of the center by a nonprofit corporation 2 12 providing services to the county or counties on the basis of 2 13 an agreement with the board or boards of supervisors, pursuant 2 14 to sections 230A.12 and 230A.13. 2 15 3. Continued operation of a center originally established 2 16 under subsection 2 without an agreement with the board or 2 17 boards of supervisors which originally established the center, 2 18 provided the center is in compliance with the applicable 2 19 standards adopted by the mental health and mental retardation 2 20 commission. 2 21 Sec. 3. Section 230A.12, unnumbered paragraph 1, Code 2 22 1997, is amended to read as follows: 2 23 Each community mental health center established or 2 24 continued in operation pursuant to section 230A.3, subsection 2 25 2 or 3, shall be organized under the Iowa nonprofit 2 26 corporation Act appearing as chapter 504A, except that a 2 27 community mental health center organized under chapter 504 2 28 prior to July 1, 1974, shall not be required by this chapter 2 29 to adopt the Iowa nonprofit corporation Act if it is not 2 30 otherwise required to do so by law. The board of directors of 2 31 each such community mental health center shall enter into an 2 32 agreement with the county or affiliated counties which are to 2 33 be served by the center, which agreement shall include but 2 34 need not be limited to the period of time for which the 2 35 agreement is to be in force, what services the center is to 3 1 provide for residents of the county or counties to be served, 3 2 standards the center is to follow in determining whether and 3 3 to what extent persons seeking services from the center shall 3 4 be considered able to pay the cost of the services received, 3 5 and policies regarding availability of the center's services 3 6 to persons who are not residents of the county or counties 3 7 served by the center. The board of directors, in addition to 3 8 exercising the powers of the board of directors of a nonprofit 3 9 corporation may: 3 10 EXPLANATION 3 11 This bill relates to establishment and continuance of 3 12 community mental health centers. 3 13 Code section 230A.1, relating to establishment and 3 14 continued support of community mental health centers, is 3 15 amended. The bill provides the action of a board or boards of 3 16 supervisors to establish a center must have been taken prior 3 17 to July 1, 1996. Language is stricken which allows the board 3 18 or boards to make a single nonrecurring expenditure in 3 19 establishing a center. 3 20 In addition, the bill prohibits any person from using the 3 21 term "community mental health center" or "mental health 3 22 center" to describe the person unless the person is 3 23 established as a community mental health center and is in 3 24 compliance with applicable standards. A violator commits a 3 25 simple misdemeanor and every day of continued violation is a 3 26 separate offense. In addition, a person may be restrained by 3 27 injunction. 3 28 Code section 230A.3, relating to forms of organization of 3 29 centers, is amended to add a third type of organization. The 3 30 third type would allow a center established as a not-for- 3 31 profit corporation under contract with a board or boards of 3 32 supervisors to continue without an agreement with the county 3 33 or counties which originally established the center provided 3 34 the center complies with applicable standards. 3 35 Code section 230A.12 is amended to make a conforming 4 1 reference to a provision of the bill. 4 2 LSB 4215HC 77 4 3 jp/jl/8
Text: HSB00652 Text: HSB00654 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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