Text: HF00359                           Text: HF00361
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 360

Partial Bill History

Bill Introduced: H.J. 417
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 135H.6, subsections 4, 5, 6, 7, and 8,
  1  2 Code 1999, are amended to read as follows:
  1  3    4.  The applicant has been awarded a certificate of need
  1  4 pursuant to chapter 135, unless exempt as provided in this
  1  5 section.
  1  6    5.  The department of human services has submitted written
  1  7 approval of the application based on the department of human
  1  8 services' determination of need.  The department of human
  1  9 services shall identify the location and number of children in
  1 10 the state who require the services of a psychiatric medical
  1 11 institution for children.  Approval of an application shall be
  1 12 based upon the location of the proposed psychiatric
  1 13 institution relative to the need for services identified by
  1 14 the department of human services and an analysis of the
  1 15 applicant's ability to provide services and support consistent
  1 16 with requirements under chapter 232, particularly regarding
  1 17 community-based treatment.  If the proposed psychiatric
  1 18 institution is not freestanding from a facility licensed under
  1 19 chapter 135B or 135C, approval under this subsection shall not
  1 20 be given unless the department of human services certifies
  1 21 that the proposed psychiatric institution is capable of
  1 22 providing a resident with a living environment similar to the
  1 23 living environment provided by a licensee which is
  1 24 freestanding from a facility licensed under chapter 135B or
  1 25 135C.  Unless a psychiatric institution was accredited to
  1 26 provide psychiatric services by the joint commission on the
  1 27 accreditation of health care organizations under the
  1 28 commission's consolidated standards for residential settings
  1 29 prior to June 1, 1989, the department of human services shall
  1 30 not approve an application for a license under this chapter
  1 31 until the federal health care financing administration has
  1 32 approved a state Title XIX plan amendment to include coverage
  1 33 of services in a psychiatric medical institution for children.
  1 34 In addition, either of the following conditions must be met:
  1 35    a. 6.  The department of human services shall not give
  2  1 approval to an application which would cause the total number
  2  2 of beds licensed under this chapter for services reimbursed by
  2  3 the medical assistance program under chapter 249A to exceed
  2  4 three four hundred sixty thirty beds, except as provided in
  2  5 paragraph "b" and paragraph "c", with not more than three
  2  6 hundred of the beds licensed under chapter 237 before January
  2  7 1, 1989, and not more than sixty of the beds licensed under
  2  8 chapter 237 on or after January 1, 1989.
  2  9    b.  The department of human services shall not give
  2 10 approval to an application which would cause the total number
  2 11 of beds licensed under this chapter after June 30, 1990, which
  2 12 specialize in providing substance abuse treatment to children
  2 13 to exceed seventy beds.
  2 14    c. 7.  The In addition to the beds authorized under
  2 15 subsection 6, the department of human services may establish
  2 16 not more than thirty beds licensed under this chapter at the
  2 17 state mental health institute at Independence.  The beds shall
  2 18 be exempt from the certificate of need requirement under
  2 19 subsection 4.
  2 20    6. 8.  The department of human services may give approval
  2 21 to conversion of beds specializing in substance abuse
  2 22 treatment previously approved under subsection 56, paragraph
  2 23 "b", to beds which are not specialized as referenced in
  2 24 subsection 5, paragraph "a" to provide substance abuse
  2 25 treatment.  Beds converted under this subsection shall be in
  2 26 addition to the number of beds authorized under subsection 5,
  2 27 paragraph "a".  However, the total number of beds approved
  2 28 under subsection 5 6 and this subsection shall not exceed four
  2 29 hundred thirty.  Conversion of beds under this subsection
  2 30 shall not require a revision of the certificate of need issued
  2 31 for the psychiatric institution making the conversion.
  2 32    7. 9.  The proposed psychiatric institution is under the
  2 33 direction of an agency which has operated a facility licensed
  2 34 under section 237.3, subsection 2, paragraph "a", as a
  2 35 comprehensive residential facility for children for three
  3  1 years or of an agency which has operated a facility for three
  3  2 years providing psychiatric services exclusively to children
  3  3 or adolescents and the facility meets or exceeds requirements
  3  4 for licensure under section 237.3, subsection 2, paragraph
  3  5 "a", as a comprehensive residential facility for children.
  3  6    8. 10.  A psychiatric institution licensed prior to January
  3  7 1, 1996, may exceed the number of beds authorized under
  3  8 subsections 5 and 6 if the excess beds are used If an
  3  9 applicant for a license under this chapter is applying for
  3 10 licensure for beds to provide services funded from a source
  3 11 other than the medical assistance program under chapter 249A.
  3 12 Notwithstanding, notwithstanding subsections 4, 5, and 6, the
  3 13 provision of services using such excess those beds does not
  3 14 require a certificate of need or a review by the department of
  3 15 human services, and the limitation on beds under subsection 6
  3 16 is not applicable.
  3 17    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  3 18 immediate importance, takes effect upon enactment.  
  3 19                           EXPLANATION
  3 20    This bill relates to the authorization requirements for
  3 21 psychiatric medical institutions for children (PMICs) which
  3 22 are licensed by the department of inspections and appeals.
  3 23    The bill amends various subsections of Code section 135H.6,
  3 24 relating to inspection and conditions for issuance of PMIC
  3 25 licenses.  Current law requires approval of a license
  3 26 application be given by the department of human services based
  3 27 upon the department's determination of need.  The number of
  3 28 beds which may be approved is limited to 360 general beds and
  3 29 70 beds specialized in substance abuse treatment.  The bill
  3 30 combines these two categories into a general limitation of 430
  3 31 beds which are reimbursed by medical assistance (Medicaid).
  3 32 The department of human services is authorized to approve
  3 33 conversion of general PMIC beds to substance abuse specialized
  3 34 beds within the general limitation.
  3 35    The bill clarifies that the 30 beds the department of human
  4  1 services is authorized to establish at the state mental health
  4  2 institute at Independence are in addition to the other 430
  4  3 beds.
  4  4    Current law permits PMICs licensed prior to January 1,
  4  5 1996, to add additional licensed beds without compliance with
  4  6 certain requirements, provided the additional beds are not
  4  7 reimbursed under medical assistance.  The bill removes the
  4  8 January 1, 1996, date requirement to allow additional beds to
  4  9 be licensed.
  4 10    The bill takes effect upon enactment.  
  4 11 LSB 2160HH 78
  4 12 jp/cf/24

Text: HF00359                           Text: HF00361
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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