Text: HSB00653                          Text: HSB00655
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 654

Bill Text

PAG LIN
  1  1        DIVISION I – SUPPORTED COMMUNITY LIVING SERVICES
  1  2    Section 1.  Section 135C.6, subsection 1, Code Supplement
  1  3 1997, is amended to read as follows:
  1  4    1.  A person or governmental unit acting severally or
  1  5 jointly with any other person or governmental unit shall not
  1  6 establish or operate a health care facility in this state
  1  7 without a license for the facility.  A supported community,
  1  8 supervised apartment living arrangement service, as defined in
  1  9 section 225C.21, is not required to be licensed under this
  1 10 chapter, but is subject to approval under section 225C.21 in
  1 11 order to receive public funding.
  1 12    Sec. 2.  Section 225C.21, Code 1997, is amended to read as
  1 13 follows:
  1 14    225C.21  COMMUNITY, SUPERVISED APARTMENT SUPPORTED
  1 15 COMMUNITY LIVING ARRANGEMENTS SERVICES.
  1 16    1.  As used in this section, "supported community,
  1 17 supervised apartment living arrangement services" means the
  1 18 provision of a residence services provided in a
  1 19 noninstitutional setting to adult persons with mental illness,
  1 20 mental retardation, or developmental disabilities who are
  1 21 capable of living semi-independently but require minimal
  1 22 supervision to meet the persons' daily living needs.
  1 23    2.  The department shall adopt rules pursuant to chapter
  1 24 17A establishing minimum standards for the programming of
  1 25 supported community, supervised apartment living arrangements
  1 26 services.  The department shall approve all supported
  1 27 community, supervised apartment living arrangements services
  1 28 which meet the minimum standards.
  1 29    3.  Approved supported community, supervised apartment
  1 30 living arrangements services may receive funding from the
  1 31 state, federal and state social services block grant funds,
  1 32 and other appropriate funding sources, consistent with state
  1 33 legislation and federal regulations.  The funding may be
  1 34 provided on a per diem, per hour, or grant basis, as
  1 35 appropriate.
  2  1    Sec. 3.  Section 235B.3, subsection 2, paragraph e,
  2  2 subparagraph (6), Code 1997, is amended to read as follows:
  2  3    (6)  A member of the staff or an employee of a supported
  2  4 community, supervised apartment living arrangement service,
  2  5 sheltered workshop, or work activity center.  
  2  6     DIVISION II – HOME AND COMMUNITY-BASED WAIVER SERVICES
  2  7    Sec. 4.  Section 135C.6, subsection 8, Code Supplement
  2  8 1997, is amended to read as follows:
  2  9    8.  The following residential programs to which the
  2 10 department of human services applies accreditation,
  2 11 certification, or standards of review shall not be required to
  2 12 be licensed as a health care facility under this chapter:
  2 13    a.  A residential program which provides care to not more
  2 14 than three four individuals and receives moneys appropriated
  2 15 to the department of human services under provisions of a
  2 16 federally approved home and community-based services waiver
  2 17 for persons with mental retardation or other medical
  2 18 assistance program under chapter 249A.
  2 19    b.  A residential program which serves not more than four
  2 20 individuals and is operating under provisions of a federally
  2 21 approved home and community-based waiver for persons with
  2 22 mental retardation, if all individuals residing in the program
  2 23 receive on-site staff supervision during the entire time
  2 24 period the individuals are present in the program's living
  2 25 unit.  The need for the on-site supervision shall be reflected
  2 26 in each individual's program plan developed pursuant to the
  2 27 department of human services' rules relating to case
  2 28 management for persons with mental retardation.  In approving
  2 29 a residential program under this paragraph, the department of
  2 30 human services shall consider the geographic location of the
  2 31 program so as to avoid an overconcentration of such programs
  2 32 in an area.
  2 33    c. b.  A total of twenty residential care facilities for
  2 34 persons with mental retardation which are licensed to serve no
  2 35 more than five individuals may be authorized by the department
  3  1 of human services to convert to operation as a residential
  3  2 program under the provisions of a medical assistance home and
  3  3 community-based services waiver for persons with mental
  3  4 retardation.  A converted residential program is subject to
  3  5 the conditions stated in paragraph "b" "a" except that the
  3  6 program shall not serve more than five individuals.  The
  3  7 department of human services shall allocate conversion
  3  8 authorizations to provide for four conversions in each of the
  3  9 department's five service regions.  If a conversion
  3 10 authorization allocated to a region is not used for conversion
  3 11 by January 1, 1998, the department of human services may
  3 12 reallocate the unused conversion authorization to another
  3 13 region.  The department of human services shall study the cost
  3 14 effectiveness of the conversions and provide an initial report
  3 15 to the general assembly no later than January 2, 1998, and a
  3 16 final report no later than December 15, 1998.  
  3 17                DIVISION III – LEGAL SETTLEMENT
  3 18    Sec. 5.  Section 230.12, subsection 1, Code 1997, is
  3 19 amended to read as follows:
  3 20    1.  If a dispute arises between different counties or
  3 21 between the administrator and a county as to the legal
  3 22 settlement of a person admitted or committed to a state
  3 23 hospital for persons with mental illness or to a local
  3 24 hospital or other community-based service, the attorney
  3 25 general, at the request of the administrator, shall, without
  3 26 the advancement of fees, cause an action to be brought in the
  3 27 district court of any county where such dispute exists, to
  3 28 determine the person's legal settlement.  This action may be
  3 29 brought at any time when it appears that the dispute cannot be
  3 30 amicably settled.  All counties which may be the place of the
  3 31 legal settlement, so far as known, shall be made defendants
  3 32 and the allegation of the settlement may be in the
  3 33 alternative.  The action shall be tried as in equity.
  3 34    Sec. 6.  Section 230.14, Code 1997, is amended to read as
  3 35 follows:
  4  1    230.14  LEGAL SETTLEMENT IN CASES INVOLVING NONRESIDENCE OR
  4  2 UNKNOWN SETTLEMENT.
  4  3    If an alternative dispute resolution of the dispute filed
  4  4 under section 230.12, subsection 2, stipulates or the court
  4  5 finds that the legal settlement of the person with mental
  4  6 illness, at the time of admission or commitment, was in a
  4  7 foreign state or country, or was unknown, an order shall be
  4  8 entered that the person shall be maintained in the state
  4  9 hospital for persons with mental illness or in a local
  4 10 hospital or other community-based service at the expense of
  4 11 the state.  In such this case the state shall refund to any
  4 12 county, with interest, all legal costs and expenses arising
  4 13 out of the legal settlement dispute and paid by a county.  Any
  4 14 stipulation filed or decision by the court shall be final.  
  4 15   DIVISION IV – MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 
  4 16                           COMMISSION
  4 17    Sec. 7.  Section 225C.6, subsection 1, Code 1997, is
  4 18 amended to read as follows:
  4 19    1.  To the extent funding is available, the commission
  4 20 shall perform the following duties:
  4 21    a.  Advise the administrator on the administration of the
  4 22 overall state plans for disability services system.
  4 23    b.  Adopt necessary rules pursuant to chapter 17A which
  4 24 relate to disability programs and services, including but not
  4 25 limited to definitions of each disability included within the
  4 26 term "disability services" as necessary for purposes of state,
  4 27 county, and regional planning, programs, and services.
  4 28    c.  Adopt standards for accreditation of community mental
  4 29 health centers and comprehensive community mental health 
  4 30 centers, services, and programs as recommended under section
  4 31 230A.16.
  4 32    d.  Adopt standards for the care of and services to persons
  4 33 with mental illness and mental retardation residing in county
  4 34 care facilities recommended under section 227.4.
  4 35    e.  Adopt standards for the delivery of disability services
  5  1 by the division, and for the maintenance and operation of
  5  2 public or private facilities offering services to persons with
  5  3 disabilities, which are not subject to licensure by the
  5  4 department or the department of inspections and appeals, and
  5  5 review the standards employed by the department or the
  5  6 department of inspections and appeals for licensing facilities
  5  7 which provide services to If no other person sets standards
  5  8 for a service available to persons with disabilities, adopt
  5  9 standards for that service.
  5 10    f.  Assure that proper appeal procedures are available to
  5 11 persons aggrieved by decisions, actions, or circumstances
  5 12 relating to accreditation.
  5 13    g.  Award Adopt necessary rules for awarding grants from
  5 14 the state and federal government as well as other moneys that
  5 15 become available to the division for grant purposes.
  5 16    h.  Review and rank applications for federal mental health
  5 17 grants prior to submission to the appropriate federal agency.
  5 18    i. h.  Annually submit to the governor and the general
  5 19 assembly:
  5 20    (1)  A report concerning the activities of the commission.
  5 21    (2)  Recommendations formulated by the commission for
  5 22 changes in law.
  5 23    j. i.  By January 1 of each odd-numbered year, submit to
  5 24 the governor and the general assembly an evaluation of:
  5 25    (1)  The extent to which services to persons with
  5 26 disabilities stipulated in the state plans are actually
  5 27 available to persons in each county in the state and the
  5 28 quality of those services.
  5 29    (2)  The cost effectiveness of the services being provided
  5 30 by disability service providers in this state and by each of
  5 31 the state mental health institutes established under chapter
  5 32 226 and by each of the state hospital-schools established
  5 33 under chapter 222.
  5 34    (3)  The cost effectiveness of programs carried out by
  5 35 randomly selected providers receiving money from the state for
  6  1 disability services.
  6  2    k. j.  Advise the administrator, the council on human
  6  3 services, the governor, and the general assembly on budgets
  6  4 and appropriations concerning disability services.
  6  5    l. k.  Consult Coordinate activities with the Iowa
  6  6 governor's planning council for developmental disabilities at
  6  7 least twice a year.
  6  8    m. l.  Establish standards for the provision under medical
  6  9 assistance of individual case management services.
  6 10    n.  Establish standards for the structure of a service
  6 11 coordination system which ensures a linkage between the
  6 12 service coordination system and individual case management
  6 13 services.
  6 14    o. m.  Identify model eligibility guidelines for disability
  6 15 services.
  6 16    p.  Identify model guidelines for purchase of disability
  6 17 services and for disability service reimbursement
  6 18 methodologies.
  6 19    q.  Prepare, for mental health and developmental
  6 20 disabilities regional planning councils, advance estimates of
  6 21 state and, to the extent possible, federal funds available to
  6 22 counties for purchase of disability services.
  6 23    r. n.  Identify basic disability services for planning
  6 24 purposes.
  6 25    s. o.  Prepare five-year plans based upon the county
  6 26 management plans developed by mental health and developmental
  6 27 disabilities regional planning councils pursuant to section
  6 28 331.439.
  6 29    t.  Identify disability services which are eligible for
  6 30 state payment under the mental health and developmental
  6 31 disabilities community services fund created in section
  6 32 225C.7.
  6 33    p.  Work with other state agencies on coordinating,
  6 34 collaborating, and communicating concerning activities
  6 35 involving persons with disabilities.  
  7  1                           EXPLANATION
  7  2    This bill relates to mental health and developmental
  7  3 disability services provisions involving supported community
  7  4 living services, home and community-based waiver residential
  7  5 services, legal settlement determinations, and the mental
  7  6 health and developmental disabilities commission.
  7  7    Division I changes the definition of "community supervised
  7  8 apartment living arrangements" (CSALAs) to "supported
  7  9 community living services".  The change is reflected in Code
  7 10 section 135C.6, relating to exemptions from health care
  7 11 facility licensing, in Code section 225C.21, which currently
  7 12 authorizes CSALAs, and in Code section 235B.3, relating to
  7 13 dependent adult abuse reports.
  7 14    Division II amends provisions in the exemption from health
  7 15 care facility licensing requirements for medical assistance
  7 16 home and community-based waiver residential services for
  7 17 persons with mental retardation.  Separate exemption
  7 18 categories for programs serving three individuals and for
  7 19 programs serving four individuals are combined to authorize
  7 20 services to up to four individuals.  A conforming amendment is
  7 21 applied to provisions involving residential care facilities
  7 22 for persons with mental retardation serving five individuals
  7 23 which convert to a residential program under the waiver.
  7 24    Division III expands the authority for the state to bring a
  7 25 court action for resolution of a legal settlement dispute to
  7 26 include persons with mental illness committed or admitted to a
  7 27 local hospital or other community-based service.  Current law
  7 28 limits this authority to persons with mental illness committed
  7 29 or admitted to a state hospital for persons with mental
  7 30 illness.
  7 31    Division IV amends and deletes various duties of the mental
  7 32 health and developmental disabilities commission under Code
  7 33 section 225C.6.  
  7 34 LSB 3194DP 77
  7 35 jp/sc/14
     

Text: HSB00653                          Text: HSB00655
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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