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House File 741

Partial Bill History

Bill Text

PAG LIN
  1  1                                              HOUSE FILE 741     
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE AUTHORIZATION REQUIREMENTS FOR PSYCHIATRIC
  1  5    MEDICAL INSTITUTIONS FOR CHILDREN AND PROVIDING AN
  1  6    EFFECTIVE DATE.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 135H.6, subsections 4, 5, 6, 7, and 8,
  1 11 Code 1999, are amended to read as follows:
  1 12    4.  The applicant has been awarded a certificate of need
  1 13 pursuant to chapter 135, unless exempt as provided in this
  1 14 section.
  1 15    5.  The department of human services has submitted written
  1 16 approval of the application based on the department of human
  1 17 services' determination of need.  The department of human
  1 18 services shall identify the location and number of children in
  1 19 the state who require the services of a psychiatric medical
  1 20 institution for children.  Approval of an application shall be
  1 21 based upon the location of the proposed psychiatric
  1 22 institution relative to the need for services identified by
  1 23 the department of human services and an analysis of the
  1 24 applicant's ability to provide services and support consistent
  1 25 with requirements under chapter 232, particularly regarding
  1 26 community-based treatment.  If the proposed psychiatric
  1 27 institution is not freestanding from a facility licensed under
  1 28 chapter 135B or 135C, approval under this subsection shall not
  1 29 be given unless the department of human services certifies
  1 30 that the proposed psychiatric institution is capable of
  1 31 providing a resident with a living environment similar to the
  1 32 living environment provided by a licensee which is
  1 33 freestanding from a facility licensed under chapter 135B or
  1 34 135C.  Unless a psychiatric institution was accredited to
  1 35 provide psychiatric services by the joint commission on the
  2  1 accreditation of health care organizations under the
  2  2 commission's consolidated standards for residential settings
  2  3 prior to June 1, 1989, the department of human services shall
  2  4 not approve an application for a license under this chapter
  2  5 until the federal health care financing administration has
  2  6 approved a state Title XIX plan amendment to include coverage
  2  7 of services in a psychiatric medical institution for children.
  2  8 In addition, either of the following conditions must be met:
  2  9    a. 6.  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 for services reimbursed by
  2 12 the medical assistance program under chapter 249A to exceed
  2 13 three four hundred sixty thirty beds, except as provided in
  2 14 paragraph "b" and paragraph "c", with not more than three
  2 15 hundred of the beds licensed under chapter 237 before January
  2 16 1, 1989, and not more than sixty of the beds licensed under
  2 17 chapter 237 on or after January 1, 1989.
  2 18    b.  The department of human services shall not give
  2 19 approval to an application which would cause the total number
  2 20 of beds licensed under this chapter after June 30, 1990, which
  2 21 specialize in providing substance abuse treatment to children
  2 22 to exceed seventy beds.
  2 23    c. 7.  The In addition to the beds authorized under
  2 24 subsection 6, the department of human services may establish
  2 25 not more than thirty beds licensed under this chapter at the
  2 26 state mental health institute at Independence.  The beds shall
  2 27 be exempt from the certificate of need requirement under
  2 28 subsection 4.
  2 29    6. 8.  The department of human services may give approval
  2 30 to conversion of beds specializing in substance abuse
  2 31 treatment previously approved under subsection 56, paragraph
  2 32 "b", to beds which are not specialized as referenced in
  2 33 subsection 5, paragraph "a" to provide substance abuse
  2 34 treatment.  Beds converted under this subsection shall be in
  2 35 addition to the number of beds authorized under subsection 5,
  3  1 paragraph "a".  However, the total number of beds approved
  3  2 under subsection 5 6 and this subsection shall not exceed four
  3  3 hundred thirty.  Conversion of beds under this subsection
  3  4 shall not require a revision of the certificate of need issued
  3  5 for the psychiatric institution making the conversion.
  3  6    7. 9.  The proposed psychiatric institution is under the
  3  7 direction of an agency which has operated a facility licensed
  3  8 under section 237.3, subsection 2, paragraph "a", as a
  3  9 comprehensive residential facility for children for three
  3 10 years or of an agency which has operated a facility for three
  3 11 years providing psychiatric services exclusively to children
  3 12 or adolescents and the facility meets or exceeds requirements
  3 13 for licensure under section 237.3, subsection 2, paragraph
  3 14 "a", as a comprehensive residential facility for children.
  3 15    8. 10.  A psychiatric institution licensed prior to January
  3 16 July 1, 1996 1999, may exceed the number of beds authorized
  3 17 under subsections 5 and subsection 6 if the excess beds are
  3 18 used to provide services funded from a source other than the
  3 19 medical assistance program under chapter 249A.
  3 20 Notwithstanding subsections 4, 5, and 6, the provision of
  3 21 services using such those excess beds does not require a
  3 22 certificate of need or a review by the department of human
  3 23 services.
  3 24    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  3 25 immediate importance, takes effect upon enactment.  
  3 26 
  3 27 
  3 28                                                             
  3 29                               RON J. CORBETT
  3 30                               Speaker of the House
  3 31 
  3 32 
  3 33                                                             
  3 34                               MARY E. KRAMER
  3 35                               President of the Senate
  4  1 
  4  2    I hereby certify that this bill originated in the House and
  4  3 is known as House File 741, Seventy-eighth General Assembly.
  4  4 
  4  5 
  4  6                                                             
  4  7                               ELIZABETH ISAACSON
  4  8                               Chief Clerk of the House
  4  9 Approved                , 1999
  4 10 
  4 11 
  4 12                               
  4 13 THOMAS J. VILSACK
  4 14 Governor
     
Text: HF00740                           Text: HF00742
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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