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Senate File 2360

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2360     
  1  2                                    
  1  3                             AN ACT
  1  4 RELATING TO STATE AND LOCAL ADMINISTRATIVE AND EMPLOYMENT 
  1  5    PROVISIONS INVOLVING HUMAN SERVICES 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                           DIVISION I
  1 11   ADMINISTRATION OF DEPARTMENT OF HUMAN SERVICES INSTITUTIONS
  1 12    Section 1.  Section 218.1, unnumbered paragraph 1, Code
  1 13 1999, is amended to read as follows:
  1 14    The director of the state department of human services
  1 15 shall have the general and full authority given under statute
  1 16 to control, manage, direct, and operate the following
  1 17 institutions under the director's jurisdiction, and may at the
  1 18 director's discretion execute assign the powers and
  1 19 authorities given the director by statute to any one of the
  1 20 deputy directors, division administrators, or to any of the
  1 21 officers or employees of the divisions of the department of
  1 22 human services:
  1 23    Sec. 2.  Section 218.2, unnumbered paragraph 2, Code 1999,
  1 24 is amended to read as follows:
  1 25    The division administrator to whom primary responsibility
  1 26 of a particular institution has been assigned shall make such
  1 27 reports to the director of the department of human services as
  1 28 are requested by the director and the director shall report,
  1 29 in writing, to the governor any abuses found to exist in any
  1 30 of the said institutions.
  1 31    Sec. 3.  Section 218.3, Code 1999, is amended by striking
  1 32 the section and inserting in lieu thereof the following:
  1 33    218.3  DEFINITIONS.
  1 34    For the purposes of this chapter, unless the context
  1 35 otherwise requires:
  2  1    1.  "Administrator" means the person to whom the director
  2  2 of human services has assigned power and authority over an
  2  3 institution in accordance with section 218.1.
  2  4    2.  "Institution" means an institution listed in section
  2  5 218.1.
  2  6    Sec. 4.  Section 218.4, unnumbered paragraph 2, Code 1999,
  2  7 is amended to read as follows:
  2  8    Rules adopted by the council shall be uniform and shall
  2  9 apply to all institutions under the particular administrator
  2 10 and to all other institutions under the administrator's
  2 11 jurisdiction and the primary rules of the administrator of the
  2 12 division of mental health and developmental disabilities for
  2 13 use in institutions where persons with mental illness are
  2 14 served shall, unless otherwise indicated, uniformly apply to
  2 15 county or private hospitals in which persons with mental
  2 16 illness are served, but the rules shall not interfere with
  2 17 proper medical treatment administered to patients by competent
  2 18 physicians.  Annually, signed copies of the rules shall be
  2 19 sent to the chief executive officer superintendent of each
  2 20 institution or hospital under the control or supervision of a
  2 21 particular administrator and copies shall also be sent to the
  2 22 clerk of each district court, the chairperson of the board of
  2 23 supervisors of each county and, as appropriate, to the officer
  2 24 in charge of institutions or hospitals caring for persons with
  2 25 mental illness in each county who shall be responsible for
  2 26 seeing that the rules are posted in each institution or
  2 27 hospital in a prominent place.  The rules shall be kept
  2 28 current to meet the public need and shall be revised and
  2 29 published annually.
  2 30    Sec. 5.  Section 218.5, Code 1999, is amended to read as
  2 31 follows:
  2 32    218.5  FIRE PROTECTION CONTRACTS.
  2 33    The administrators of the divisions of the state department
  2 34 of human services shall have power to enter into contracts
  2 35 with the governing body of any city or other municipal
  3  1 corporation for the protection from fire of any property under
  3  2 such the administrators' primary control, located in any such
  3  3 municipal corporation or in territory contiguous thereto to
  3  4 the municipal corporation, upon such terms as may be agreed
  3  5 upon.
  3  6    Sec. 6.  Section 218.9, unnumbered paragraph 1, Code 1999,
  3  7 is amended to read as follows:
  3  8    The administrator of the division of mental health and
  3  9 developmental disabilities of the department of human services
  3 10 in charge of an institution, subject to the approval of the
  3 11 director of the department human services, shall appoint the
  3 12 superintendents of the state hospital-schools and the state
  3 13 mental health institutes superintendent of the institution.
  3 14    Sec. 7.  Section 218.10, Code 1999, is amended to read as
  3 15 follows:
  3 16    218.10  SUBORDINATE OFFICERS AND EMPLOYEES.
  3 17    The division administrator in charge of a particular
  3 18 institution, with the consent and approval of the director of
  3 19 the department of human services, shall determine the number
  3 20 of subordinate officers and employees for each the
  3 21 institution.  Subject to this chapter, the officers and
  3 22 employees shall be appointed and discharged by the chief
  3 23 executive officer superintendent or business manager pursuant
  3 24 to chapter 19A.  The officer superintendent shall keep, in the
  3 25 record of each subordinate officer and employee, the date of
  3 26 employment, the compensation, and the date of each discharge,
  3 27 and the reasons for discharge.
  3 28    Sec. 8.  Section 218.14, Code 1999, is amended to read as
  3 29 follows:
  3 30    218.14  DWELLING HOUSE OF SUPERINTENDENT OR OTHER EMPLOYEE.
  3 31    1.  The division administrator having control over any
  3 32 state an institution may, with consent of the director of
  3 33 human services, furnish the executive head superintendent of
  3 34 each of the institutions institution, in addition to salary,
  3 35 with a dwelling house or with appropriate quarters in lieu
  4  1 thereof of the dwelling, or the division administrator may
  4  2 compensate the executive head superintendent of each of the
  4  3 institutions institution in lieu of furnishing a house
  4  4 dwelling or quarters.  If an executive head the superintendent
  4  5 of the institution is furnished with a dwelling house or
  4  6 quarters, either of which is owned by the state, the executive
  4  7 head superintendent may also be furnished with water, heat,
  4  8 and electricity.
  4  9    2.  The division administrator having control over any
  4 10 state an institution may furnish assistant executive heads
  4 11 superintendents or other employees, or both, with a dwelling
  4 12 houses or with appropriate quarters, owned by the state.  The
  4 13 assistant executive head superintendent or employee, who is so
  4 14 furnished, shall pay rent for the dwelling house or quarters
  4 15 in an amount to be determined by the executive head
  4 16 superintendent of the institution, which shall be the fair
  4 17 market rental value of the house dwelling or quarters.  If an
  4 18 assistant executive head superintendent or employee is
  4 19 furnished with a dwelling house or quarters, either of which
  4 20 is owned by the state, the assistant executive head
  4 21 superintendent or employee may also be furnished with water,
  4 22 heat, and electricity.  However, the furnishing of these
  4 23 utilities shall be considered in determining the fair market
  4 24 rental value of the house dwelling or quarters.
  4 25    Sec. 9.  Section 218.17, Code 1999, is amended to read as
  4 26 follows:
  4 27    218.17  AUTHORITY FOR VACATION.
  4 28    Vacations and sick leave with pay as authorized in section
  4 29 70A.1 shall only be taken at such times as the executive
  4 30 officer superintendent or the business manager in charge of
  4 31 said an officer or employee, as the case may be, may direct,
  4 32 and only after written authorization by the executive officer
  4 33 superintendent or business manager, and for the number of days
  4 34 specified therein in the authorization.  A copy of such permit
  4 35 the authorization shall be attached to the institution's copy
  5  1 of the payroll of the institution, for audit purposes, for the
  5  2 period during which the vacation was taken, and the
  5  3 semimonthly payroll shall show the number of days the person
  5  4 was absent under the permit authorization.
  5  5    Sec. 10.  Section 218.19, Code 1999, is amended to read as
  5  6 follows:
  5  7    218.19  DISTRICTS.
  5  8    The administrator having control over any state a type of
  5  9 institution shall, from time to time, divide the state into
  5 10 districts from which the several institutions type of
  5 11 institution may receive residents.  The particular division
  5 12 administrators administrator shall promptly notify the proper
  5 13 county or judicial officers of all changes in such the
  5 14 districts.
  5 15    Sec. 11.  Section 218.20, Code 1999, is amended to read as
  5 16 follows:
  5 17    218.20  PLACE OF COMMITMENTS – TRANSFERS.
  5 18    Commitments, unless otherwise permitted by the division
  5 19 administrator having control over any state an institution,
  5 20 shall be to the institution located in the district embracing
  5 21 the county from which the commitment is issued.  The
  5 22 particular division administrators An administrator may, at
  5 23 the expense of the state, transfer a resident of one
  5 24 institution to another like institution.
  5 25    Sec. 12.  Section 218.23, Code 1999, is amended to read as
  5 26 follows:
  5 27    218.23  REPORTS TO ADMINISTRATOR.
  5 28    The managing officer superintendent of each an institution
  5 29 shall, within ten days after the commitment or entrance of a
  5 30 person to the institution, cause a true copy of the person's
  5 31 entrance record to be made and forwarded to the administrator
  5 32 in control of such the institution.  When a patient or
  5 33 resident leaves, or is discharged, or transferred, or dies in
  5 34 any an institution, the superintendent or person in charge
  5 35 shall within ten days thereafter after that date send such the
  6  1 information to the office of such the institution's
  6  2 administrator on forms which the administrator prescribes.
  6  3    Sec. 13.  Section 218.25, Code 1999, is amended to read as
  6  4 follows:
  6  5    218.25  RELIGIOUS BELIEFS.
  6  6    The chief executive officer superintendent of an
  6  7 institution, receiving a person committed to any of said
  6  8 institutions the institution, shall inquire of such the person
  6  9 as to the person's religious preference and enter the same
  6 10 preference in the book kept for the purpose, and cause said
  6 11 the person to sign the same book.
  6 12    Sec. 14.  Section 218.30, Code 1999, is amended to read as
  6 13 follows:
  6 14    218.30  INVESTIGATION OF OTHER INSTITUTIONS.
  6 15    The administrators of the department of human services to
  6 16 whom control of state institutions has been delegated
  6 17 assigned, or their authorized officers or employees, may
  6 18 investigate charges of abuse, neglect, or mismanagement on the
  6 19 part of any an officer or employee of any a private
  6 20 institution which is subject to the administrator's particular
  6 21 supervision or control.  The administrator of the division of
  6 22 mental health and developmental disabilities who has been
  6 23 assigned to have authority over the state mental health
  6 24 institutes, or the administrator's authorized officer or
  6 25 employee, shall also investigate charges concerning county
  6 26 care facilities in which persons with mental illness are
  6 27 served.
  6 28    Sec. 15.  Section 218.45, Code 1999, is amended to read as
  6 29 follows:
  6 30    218.45  CONFERENCES.
  6 31    Quarterly conferences of the chief executive officers
  6 32 superintendents of said the institutions shall be held with
  6 33 the administrator in control of such institution the
  6 34 institutions at Des Moines or at institutions under the
  6 35 administrator's jurisdiction, for the consideration of all
  7  1 matters relative to the management of said the institutions.
  7  2 Full minutes of such meetings the conferences shall be
  7  3 preserved in the records of the administrator.  The
  7  4 administrator in control may cause papers on appropriate
  7  5 subjects to be prepared and read, at such the conferences, on
  7  6 appropriate subjects.
  7  7    Sec. 16.  Section 218.46, subsection 1, Code 1999, is
  7  8 amended to read as follows:
  7  9    1.  The administrators of divisions of the department of
  7 10 human services who are administrator who is in charge of
  7 11 institutions an institution shall encourage the scientific
  7 12 investigation, on the part of the executive heads
  7 13 superintendent and medical staffs staff of the various
  7 14 institutions institution, as to the most successful methods of
  7 15 managing such institutions institutional management and
  7 16 treating the persons committed thereto, to the institution.
  7 17 In addition, the administrator shall procure and furnish to
  7 18 such heads and staffs the superintendent and medical staff
  7 19 information relative to such management and treatment, and,
  7 20 from time to time, publish bulletins and reports of scientific
  7 21 and clinical work done in said institutions that type of
  7 22 institution.
  7 23    Sec. 17.  Section 218.47, Code 1999, is amended to read as
  7 24 follows:
  7 25    218.47  MONTHLY REPORT.
  7 26    The chief executive officer superintendent or business
  7 27 manager of each institution, or business manager of
  7 28 institutions having the same, shall, on the first day of each
  7 29 month, account to the administrator in control of the
  7 30 particular institution for all state funds received during the
  7 31 preceding month, and, at said the same time, remit the same
  7 32 accounting to the treasurer of state.
  7 33    Sec. 18.  Section 218.48, Code 1999, is amended to read as
  7 34 follows:
  7 35    218.48  ANNUAL REPORTS.
  8  1    The executive head superintendent or business manager of
  8  2 each institution shall make an annual report to the
  8  3 administrator in control of the particular institution and
  8  4 embrace therein a minute include in the report a detailed and
  8  5 accurate inventory of the stock and supplies on hand, and the
  8  6 their amount and value thereof, under the following heads
  8  7 headings:  Livestock livestock, farm produce on hand,
  8  8 vehicles, agricultural implements, machinery, mechanical
  8  9 fixtures, real estate, furniture, and bedding in residents'
  8 10 department, state property in superintendent's department,
  8 11 clothing, dry goods, provisions and groceries, drugs and
  8 12 medicine, fuel, library, and all other state property under
  8 13 appropriate heads headings to be determined by the particular
  8 14 administrator involved.
  8 15    Sec. 19.  Section 218.49, Code 1999, is amended to read as
  8 16 follows:
  8 17    218.49  CONTINGENT FUND.
  8 18    The administrator in control of a state an institution may
  8 19 permit the executive head, which shall include superintendent
  8 20 or the business manager as provided in this chapter, of each
  8 21 institution to retain a stated amount of funds in under the
  8 22 executive head's superintendent's or business manager's
  8 23 possession supervision as a contingent fund for the payment of
  8 24 freight, postage, commodities purchased on authority of the
  8 25 particular administrator superintendent or business manager
  8 26 involved on a cash basis, salaries, and bills granting
  8 27 discount for cash.
  8 28    Sec. 20.  Section 218.55, Code 1999, is amended to read as
  8 29 follows:
  8 30    218.55  PURCHASE FROM AN INSTITUTION.
  8 31    The An administrator of a division of the department of
  8 32 human services may purchase supplies of any institution under
  8 33 the administrator's control, for use in any other such
  8 34 institution under the administrator's control, and reasonable
  8 35 payment therefor for the supplies shall be made as in the case
  9  1 of other purchases.
  9  2    Sec. 21.  Section 218.57, Code 1999, is amended to read as
  9  3 follows:
  9  4    218.57  COMBINING APPROPRIATIONS.
  9  5    The director of revenue and finance is authorized to may
  9  6 combine the balances carried in all specific appropriations
  9  7 into a special account for each institution under the control
  9  8 of a particular administrator of a division of the department
  9  9 of human services, except that the support fund for each
  9 10 institution shall be carried as a separate account.
  9 11    Sec. 22.  Section 218.65, Code 1999, is amended to read as
  9 12 follows:
  9 13    218.65  PROPERTY OF DECEASED RESIDENT.
  9 14    The chief executive officer superintendent or business
  9 15 manager of each institution shall, upon the death of any
  9 16 resident or patient, immediately take possession of all
  9 17 property of the deceased left at said the institution, and
  9 18 deliver the same property to the duly appointed and qualified
  9 19 representative of the deceased.
  9 20    Sec. 23.  Section 218.67, Code 1999, is amended to read as
  9 21 follows:
  9 22    218.67  WHEN NO ADMINISTRATION GRANTED ESTATE ADMINISTRATOR
  9 23 NOT IDENTIFIED.
  9 24    If administration be not granted an estate administrator is
  9 25 not identified within one year from the death of a decedent in
  9 26 an institution, and no a surviving spouse or heir is not
  9 27 known, said executive officer the superintendent of the
  9 28 institution may convert all said the decedent's property into
  9 29 money cash and in so doing the executive officer
  9 30 superintendent shall have the powers possessed by a general
  9 31 administrator of an estate.
  9 32    Sec. 24.  Section 218.69, Code 1999, is amended to read as
  9 33 follows:
  9 34    218.69  PERMANENT RECORD.
  9 35    A complete permanent record of the money so sent
 10  1 transmitted to the treasurer of state under section 218.68,
 10  2 showing by whom and with whom it was left, its amount, the
 10  3 date of the death of the owner, the owner's reputed place of
 10  4 residence before the owner became a resident of the
 10  5 institution, the date on which it was sent transmitted to the
 10  6 state treasurer and any other facts which may tend to identify
 10  7 the intestate and explain the case, shall be kept by the chief
 10  8 executive officer superintendent of the institution or
 10  9 business manager, as the case may be, and a transcript thereof
 10 10 of the record shall be sent to, and kept by, the treasurer of
 10 11 state.
 10 12    Sec. 25.  Section 218.72, Code 1999, is amended to read as
 10 13 follows:
 10 14    218.72  TEMPORARY QUARTERS IN EMERGENCY.
 10 15    In case the buildings at any institution under the
 10 16 management control of an administrator of the division of the
 10 17 department of human services are destroyed or rendered unfit
 10 18 for habitation by reason of fire, storms, or other like
 10 19 causes, to such an extent that the residents cannot be there
 10 20 confined housed and cared for, said the administrator shall
 10 21 make temporary provision for the confinement housing and care
 10 22 of the residents at some other place in the state.  Like
 10 23 provision may be made in case any pestilence breaks out among
 10 24 the residents.  The reasonable cost of the change, including
 10 25 transfer of residents, shall be paid from any money in the
 10 26 state treasury not otherwise appropriated.
 10 27    Sec. 26.  Section 218.83, Code 1999, is amended to read as
 10 28 follows:
 10 29    218.83  CO-OPERATION ADMINISTRATIVE IMPROVEMENT.
 10 30    The director of the department of human services and the
 10 31 administrators of the divisions therein are directed to co-
 10 32 operate assigned to have authority over the institutions shall
 10 33 cooperate with any department or agency of the state
 10 34 government in any manner, including the exchange of employees,
 10 35 calculated to improve administration of the affairs of the
 11  1 institutions under the control of the department of human
 11  2 services.
 11  3    Sec. 27.  Section 218.85, Code 1999, is amended to read as
 11  4 follows:
 11  5    218.85  UNIFORM SYSTEM OF ACCOUNTS.
 11  6    The director of the department of human services through
 11  7 the administrators of the divisions in control of state the
 11  8 institutions shall install in all such state the institutions
 11  9 under the director's control and supervision the most modern,
 11 10 complete, and uniform system of accounts, records, and reports
 11 11 possible, which.  The system shall be prescribed by the
 11 12 director of revenue and finance as authorized in section
 11 13 421.31, subsection 10, and, among other matters, shall clearly
 11 14 show the detailed facts relative to the handling and uses of
 11 15 all purchases.
 11 16    Sec. 28.  Section 218.88, Code 1999, is amended to read as
 11 17 follows:
 11 18    218.88  INSTITUTIONAL PAYROLLS.
 11 19    At the close of each pay period, the chief executive
 11 20 officer of each institution superintendent or business manager
 11 21 of each institution having the same, shall prepare and forward
 11 22 to the director of the department of human services a
 11 23 semimonthly payroll which shall show the name of each officer
 11 24 and employee, the semimonthly pay, time paid for, the amount
 11 25 of pay, and any deductions.  In no event shall a A substitute
 11 26 shall not be permitted to receive compensation in the name of
 11 27 the employee for whom the substitute is acting.
 11 28    Sec. 29.  Section 218.92, Code 1999, is amended to read as
 11 29 follows:
 11 30    218.92  DANGEROUS MENTALLY DISTURBED PATIENTS WITH
 11 31 DANGEROUS MENTAL DISTURBANCES.
 11 32    When a patient in a state hospital-school for persons with
 11 33 mental retardation, a state mental health institute, or an
 11 34 another institution under the administration of the
 11 35 administrator of the division of mental health and
 12  1 developmental disabilities of the department of human
 12  2 services, has become so mentally disturbed as to constitute a
 12  3 danger to self, to other patients in or staff of the
 12  4 institution, or to the public, and the institution cannot
 12  5 provide adequate security, the administrator in charge of the
 12  6 institution, with the consent of the director of the Iowa
 12  7 department of corrections, may order the patient to be
 12  8 transferred to the Iowa medical and classification center, if
 12  9 the executive head superintendent of the institution from
 12 10 which the patient is to be transferred, with the support of a
 12 11 majority of the medical staff, recommends the transfer in the
 12 12 interest of the patient, other patients, or the public.  If
 12 13 the patient transferred was hospitalized pursuant to sections
 12 14 229.6 to 229.15, the transfer shall be promptly reported to
 12 15 the court which hospitalized that ordered the hospitalization
 12 16 of the patient, as required by section 229.15, subsection 4.
 12 17 The Iowa medical and classification center has the same
 12 18 rights, duties, and responsibilities with respect to the
 12 19 patient as the institution from which the patient was
 12 20 transferred had while the patient was hospitalized there in
 12 21 the institution.  The cost of the transfer shall be paid from
 12 22 the funds of the institution from which the transfer is made.
 12 23    Sec. 30.  Section 218.93, Code 1999, is amended to read as
 12 24 follows:
 12 25    218.93  CONSULTANTS FOR DIRECTOR OR ADMINISTRATORS.
 12 26    The director of the department of human services or the
 12 27 administrators of divisions in control of state the
 12 28 institutions are authorized to secure the services of
 12 29 consultants to furnish advice on administrative, professional,
 12 30 or technical problems to the director or such the
 12 31 administrators, their employees, or employees of institutions
 12 32 under their jurisdiction or to provide in-service training and
 12 33 instruction for such the employees.  The director and
 12 34 administrators are authorized to pay the consultants at a rate
 12 35 to be determined by them from funds appropriated to under
 13  1 their division control or to from any institution
 13  2 institutional funding under their jurisdiction as such the
 13  3 director or administrator may determine.
 13  4    Sec. 31.  Section 218.98, Code 1999, is amended to read as
 13  5 follows:
 13  6    218.98  CANTEEN MAINTAINED.
 13  7    The administrators of divisions in the department of human
 13  8 services in control of state the institutions may maintain a
 13  9 canteen at any institution under their jurisdiction and
 13 10 control for the sale to persons confined therein residing in
 13 11 the institution of toilet articles, candy, tobacco products,
 13 12 notions, and other sundries, and may provide the necessary
 13 13 facilities, equipment, personnel, and merchandise therefor for
 13 14 such sale.  Such The administrators shall specify what
 13 15 commodities will be sold therein in the canteen.  The
 13 16 department may establish and maintain a permanent operating
 13 17 fund for each canteen.  The fund shall consist of the receipts
 13 18 from the sale of commodities at the canteen.
 13 19    Sec. 32.  Section 218.99, Code 1999, is amended to read as
 13 20 follows:
 13 21    218.99  COUNTIES TO BE NOTIFIED OF PATIENTS' PERSONAL
 13 22 ACCOUNTS.
 13 23    The administrator of a division of the department of human
 13 24 services in control of a state institution shall direct the
 13 25 business manager of each institution under the administrator's
 13 26 jurisdiction which is mentioned in section 331.424, subsection
 13 27 1, paragraphs "a" and "b", and for which services are paid
 13 28 under section 331.424A, to quarterly inform the county of
 13 29 legal settlement's entity designated to perform the county's
 13 30 single entry point process of any patient or resident who has
 13 31 an amount in excess of two hundred dollars on account in the
 13 32 patients' personal deposit fund and the amount on deposit.
 13 33 The administrators shall direct the business manager to
 13 34 further notify the entity designated to perform the county's
 13 35 single entry point process at least fifteen days before the
 14  1 release of funds in excess of two hundred dollars or upon the
 14  2 death of the patient or resident.  If the patient or resident
 14  3 has no county of legal settlement, notice shall be made to the
 14  4 director of human services and the administrator of the
 14  5 division of the department in control of the institution
 14  6 involved.
 14  7    Sec. 33.  Section 225C.4, subsection 1, paragraph h, and
 14  8 subsection 2, paragraph b, Code Supplement 1999, are amended
 14  9 by striking the paragraphs.
 14 10    Sec. 34.  Section 225C.13, Code 1999, is amended to read as
 14 11 follows:
 14 12    225C.13  AUTHORITY OF ADMINISTRATOR TO ESTABLISH AND LEASE
 14 13 FACILITIES.
 14 14    1.  The administrator assigned, in accordance with section
 14 15 218.1, to control the state mental health institutes and the
 14 16 state resource centers may enter into agreements under which a
 14 17 facility or portion of a facility administered by the
 14 18 administrator is leased to a department or division of state
 14 19 government, a county or group of counties, or a private
 14 20 nonprofit corporation organized under chapter 504A.  A lease
 14 21 executed under this section shall require that the lessee use
 14 22 the leased premises to deliver either disability services or
 14 23 other services normally delivered by the lessee.
 14 24    2.  The administrator of the division of mental health and
 14 25 developmental disabilities may work with the appropriate
 14 26 administrator of the department's institutions to establish
 14 27 mental health and mental retardation services for all
 14 28 institutions under the control of the director of human
 14 29 services and to establish an autism unit, following mutual
 14 30 planning and consultation with the medical director of the
 14 31 state psychiatric hospital, at an institution or a facility
 14 32 administered by the department to provide psychiatric and
 14 33 related services and other specific programs to meet the needs
 14 34 of autistic persons, and to furnish appropriate diagnostic
 14 35 evaluation services.
 15  1    Sec. 35.  Section 226.47, Code 1999, is amended to read as
 15  2 follows:
 15  3    226.47  ADMINISTRATOR DEFINED.
 15  4    For the purpose of this chapter, "administrator" means the
 15  5 administrator of the division of mental health and
 15  6 developmental disabilities of the department of human services
 15  7 person assigned, in accordance with section 218.1, to control
 15  8 the state mental health institutes.
 15  9    Sec. 36.  Section 227.19, Code 1999, is amended to read as
 15 10 follows:
 15 11    227.19  ADMINISTRATOR DEFINED.
 15 12    For the purpose of this chapter, "administrator" or
 15 13 "administrator of the division" means the administrator of the
 15 14 division of mental health and developmental disabilities of
 15 15 the department of human services person assigned, in
 15 16 accordance with section 218.1, to control the state mental
 15 17 health institutes or that person's designee.
 15 18    Sec. 37.  Section 229.1, subsection 1, Code 1999, is
 15 19 amended to read as follows:
 15 20    1.  "Administrator" means the administrator of that
 15 21 division of the department of human services having
 15 22 jurisdiction of assigned, in accordance with section 218.1, to
 15 23 control the state mental health institutes, or that
 15 24 administrator's designee.
 15 25    Sec. 38.  Section 229.15, subsection 3, Code 1999, is
 15 26 amended to read as follows:
 15 27    3.  When a patient has been placed in a facility other than
 15 28 a hospital pursuant to section 229.14, subsection 4, a report
 15 29 on the patient's condition and prognosis shall be made to the
 15 30 court which so placed the patient, at least once every six
 15 31 months, unless the court authorizes annual reports.  A report
 15 32 shall be submitted within fifteen days after the facility in
 15 33 which the patient has been placed is evaluated as required by
 15 34 If an evaluation of the patient is performed pursuant to
 15 35 section 227.2, subsection 4, a copy of the evaluation report
 16  1 shall be submitted to the court within fifteen days of the
 16  2 evaluation's completion.  The court may in its discretion
 16  3 waive the requirement of an additional report between the
 16  4 annual evaluations.  If the administrator of the division
 16  5 exercises the authority to remove residents from a county care
 16  6 facility or other county or private institution under section
 16  7 227.6, the administrator shall promptly notify each court
 16  8 which placed in that facility any resident so removed.
 16  9    Sec. 39.  Section 229.41, Code 1999, is amended to read as
 16 10 follows:
 16 11    229.41  VOLUNTARY ADMISSION.
 16 12    Persons making application pursuant to section 229.2 on
 16 13 their own behalf or on behalf of another person who is under
 16 14 eighteen years of age, if the person whose admission is sought
 16 15 is received for observation and treatment on such the
 16 16 application, shall be required to pay the costs of
 16 17 hospitalization at rates established by the administrator of
 16 18 the division, which.  The costs may be collected weekly in
 16 19 advance and shall be payable at the business office of the
 16 20 hospital.  Such The collections shall be remitted to the
 16 21 director of revenue and finance monthly to be credited to the
 16 22 general fund of the state.
 16 23    Sec. 40.  Section 229.43, Code 1999, is amended to read as
 16 24 follows:
 16 25    229.43  NONRESIDENTS OR NO-SETTLEMENT PATIENTS.
 16 26    The administrator of the division shall have the power to
 16 27 may place patients of mental health institutes who have no
 16 28 county of legal settlement; who are nonresidents; or whose
 16 29 legal settlement is unknown, on convalescent leave to a
 16 30 private sponsor or in any a health care facility licensed
 16 31 under chapter 135C, when in the opinion of the administrator
 16 32 said the placement is in the best interests of the patient and
 16 33 the state of Iowa.  If the patient was involuntarily
 16 34 hospitalized, the district court which hospitalized ordered
 16 35 hospitalization of the patient must be informed when the
 17  1 patient is placed on convalescent leave, as required by
 17  2 section 229.15, subsection 4.
 17  3    Sec. 41.  Section 230.5, Code 1999, is amended to read as
 17  4 follows:
 17  5    230.5  NONRESIDENTS.
 17  6    If such legal settlement is found by the court to be in
 17  7 some foreign state or country, or unknown, it the court shall
 17  8 immediately notify the administrator of the division of such
 17  9 the finding and furnish the administrator with a copy of the
 17 10 evidence taken on the question of legal settlement, and shall
 17 11 in its order issued pursuant to section 229.13 direct that the
 17 12 patient be hospitalized at the appropriate state hospital for
 17 13 persons with mental illness.
 17 14    Sec. 42.  Section 230.31, Code 1999, is amended to read as
 17 15 follows:
 17 16    230.31  DEPARTERS FROM OTHER STATES.
 17 17    When any If a person with mental illness departs without
 17 18 proper authority from an institution in another state and is
 17 19 found in this state, any a peace officer in any the county in
 17 20 which such the patient is found may take and detain the
 17 21 patient without order and shall report such the detention to
 17 22 the administrator of the division who shall provide for the
 17 23 return of such the patient to the authorities of the state
 17 24 where the unauthorized leave was made.  Pending such return
 17 25 such the patient may be detained temporarily at one of the
 17 26 institutions of this state governed by under the control of
 17 27 the administrator of the division or any other administrator
 17 28 of the state department of human services.  Expenses incurred
 17 29 under this section shall be paid in the same manner as is
 17 30 provided for transfers in section 230.8.
 17 31    Sec. 43.  Section 230.33, unnumbered paragraph 1, Code
 17 32 1999, is amended to read as follows:
 17 33    The administrator of the division is hereby authorized to
 17 34 may enter into agreements with other states, through their
 17 35 duly constituted authorities, to effect the reciprocal return
 18  1 of persons with mental illness and persons with mental
 18  2 retardation to the contracting states, and to effect the
 18  3 reciprocal supervision of persons on convalescent leave.
 18  4    Sec. 44.  Section 230.34, subsection 1, Code 1999, is
 18  5 amended to read as follows:
 18  6    1.  As used in this chapter, "administrator" means the
 18  7 administrator of the division of mental health and
 18  8 developmental disabilities of the department of human services
 18  9 assigned, in accordance with section 218.1, to control the
 18 10 state mental health institutes, or that administrator's
 18 11 designee.  
 18 12                           DIVISION II
 18 13                        RESOURCE CENTERS
 18 14    Sec. 45.  Section 218.1, subsections 1 and 2, Code 1999,
 18 15 are amended to read as follows:
 18 16    1.  Glenwood state hospital-school resource center.
 18 17    2.  Woodward state hospital-school resource center.
 18 18    Sec. 46.  Section 222.1, Code 1999, is amended to read as
 18 19 follows:
 18 20    222.1  PURPOSE OF STATE SCHOOLS RESOURCE CENTERS.
 18 21    1.  The Glenwood state hospital-school resource center and
 18 22 the Woodward state hospital-school resource center are
 18 23 established and shall be maintained as the state's regional
 18 24 resource centers for the purpose of providing treatment,
 18 25 training, instruction, care, habilitation, and support of
 18 26 persons with mental retardation or other disabilities in this
 18 27 state, and providing facilities, services, and other support
 18 28 to the communities located in the region being served by a
 18 29 state hospital-school resource center.  In addition, the state
 18 30 hospital-schools resource centers are encouraged to serve as a
 18 31 training resource for community-based program staff, medical
 18 32 students, and other participants in professional education
 18 33 programs.  A hospital-school resource center may request the
 18 34 approval of the council on human services to change the name
 18 35 of the institution resource center for use in communication
 19  1 with the public, in signage, and in other forms of
 19  2 communication.
 19  3    2.  A special mental retardation unit may be maintained at
 19  4 one of the state mental health institutes for the purposes set
 19  5 forth in sections 222.88 to 222.91.
 19  6    Sec. 47.  Section 222.2, subsection 1, Code 1999, is
 19  7 amended to read as follows:
 19  8    1.  "Administrator" means the administrator of the division
 19  9 of mental health and developmental disabilities of person
 19 10 assigned by the department director of human services, in
 19 11 accordance with section 218.1, to control the state resource
 19 12 centers.
 19 13    Sec. 48.  Section 222.2, subsection 3, Code 1999, is
 19 14 amended by striking the subsection.
 19 15    Sec. 49.  Section 222.2, Code 1999, is amended by adding
 19 16 the following new subsection:
 19 17    NEW SUBSECTION.  6A.  "State resource centers" or "resource
 19 18 centers" means the Glenwood state resource center and the
 19 19 Woodward state resource center.
 19 20    Sec. 50.  Section 222.2, subsection 7, Code 1999, is
 19 21 amended to read as follows:
 19 22    7.  "Superintendents" means the superintendents of the
 19 23 state hospital-schools resource centers.
 19 24    Sec. 51.  AMENDMENTS TO TERMS "HOSPITAL-SCHOOL" AND
 19 25 "HOSPITAL-SCHOOLS" – DIRECTIVE TO CODE EDITOR.
 19 26    1.  Sections 218.92, 222.5, 222.6, 222.7, 222.9, 222.12,
 19 27 222.13, 222.15, 222.31, 222.36, 222.37, 222.38, 222.39,
 19 28 222.41, 222.42, 222.43, 222.44, 222.45, 222.51, 222.59,
 19 29 222.60, 222.61, 222.62, 222.65, 222.66, 222.67, 222.68,
 19 30 222.69, 222.70, 222.72, 222.73, 222.77, 222.78, 222.83,
 19 31 222.84, 222.85, 222.86, 222.87, 227.6, 249A.11, and 252.16,
 19 32 Code 1999, are amended by striking from the sections the word
 19 33 "hospital-school" and inserting in lieu thereof the words
 19 34 "resource center".
 19 35    2.  Sections 23A.2, 222.13A, and 227.2, Code Supplement
 20  1 1999, are amended by striking from the sections the word
 20  2 "hospital-school" and inserting in lieu thereof the words
 20  3 "resource center".
 20  4    3.  Sections 135B.9, 218.78, 222.3, 222.4, 222.6, 222.7,
 20  5 222.8, 222.11, and 222.90, Code 1999, are amended by striking
 20  6 from the sections the word "hospital-schools" and inserting in
 20  7 lieu thereof the words "resource centers".
 20  8    4.  Sections 225C.4, 225C.6, 227.2, and 331.440A, Code
 20  9 Supplement 1999, are amended by striking from the sections the
 20 10 word "hospital-schools" and inserting in lieu thereof the
 20 11 words "resource centers".
 20 12    5.  The Code editor shall substitute the words "resource
 20 13 center" for the word "hospital-school" anywhere in the Code of
 20 14 Iowa or in any enactment to be codified if there appears to be
 20 15 no doubt as to the intent to refer to the Glenwood resource
 20 16 center or Woodward resource center under the authority of the
 20 17 department of human services.
 20 18    6.  The Code editor shall substitute the words "resource
 20 19 centers" for the word "hospital-schools" anywhere in the Code
 20 20 of Iowa or in any enactment to be codified if there appears to
 20 21 be no doubt as to the intent to refer to the Glenwood resource
 20 22 center and Woodward resource center under the authority of the
 20 23 department of human services.  
 20 24                          DIVISION III
 20 25          COUNTY CLUSTER EMPLOYEE AND VOLUNTEER RECORD
 20 26                             CHECKS
 20 27    Sec. 52.  NEW SECTION.  217.44  COUNTY CLUSTERS – EMPLOYEE
 20 28 AND VOLUNTEER RECORD CHECKS.
 20 29    1.  The department shall conduct criminal and child and
 20 30 dependent adult abuse record checks of persons who are
 20 31 potential employees, employees, potential volunteers, and
 20 32 volunteers in county cluster offices in a position having
 20 33 direct contact with the department's clients.  The record
 20 34 checks shall be performed in this state and the department may
 20 35 conduct these checks in other states.  If the department
 21  1 determines that a person has been convicted of a crime or has
 21  2 a record of founded child or dependent adult abuse, the
 21  3 department shall perform an evaluation to determine whether
 21  4 the crime or founded abuse warrants prohibition of the
 21  5 person's employment or participation as a volunteer.  The
 21  6 record checks and evaluation shall be performed in accordance
 21  7 with procedures adopted for this purpose by the department.
 21  8    2.  In an evaluation, the department shall consider the
 21  9 nature and seriousness of the crime or founded child or
 21 10 dependent adult abuse in relation to the position sought or
 21 11 held, the time elapsed since the commission of the crime or
 21 12 founded abuse, the circumstances under which the crime or
 21 13 founded abuse was committed, the degree of rehabilitation, the
 21 14 likelihood that the person will commit the crime or founded
 21 15 abuse again, and the number of crimes or founded abuses
 21 16 committed by the person involved.
 21 17    3.  The department may permit a person who is evaluated to
 21 18 be employed or to participate as a volunteer if the person
 21 19 complies with the department's conditions relating to
 21 20 employment or participation as a volunteer which may include
 21 21 completion of additional training.
 21 22    4.  If the department determines that the person has
 21 23 committed a crime or has a record of founded child or
 21 24 dependent adult abuse which warrants prohibition of employment
 21 25 or participation as a volunteer, the person shall not be
 21 26 employed by or participate as a volunteer in a department
 21 27 cluster office in a position having direct contact with the
 21 28 department's clients.  
 21 29                           DIVISION IV
 21 30             SERVICE INFORMATION – OTHER PROVISIONS
 21 31    Sec. 53.  Section 225C.20, Code 1999, is amended to read as
 21 32 follows:
 21 33    225C.20  RESPONSIBILITIES OF COUNTIES FOR INDIVIDUAL CASE
 21 34 MANAGEMENT SERVICES.
 21 35    Individual case management services funded under medical
 22  1 assistance shall be provided by the department except when a
 22  2 county or a consortium of counties contracts with the
 22  3 department to provide the services.  A county or consortium of
 22  4 counties may contract to be the provider at any time and the
 22  5 department shall agree to the contract so long as the contract
 22  6 meets the standards for case management adopted by the
 22  7 department.  The county or consortium of counties may
 22  8 subcontract for the provision of case management services so
 22  9 long as the subcontract meets the same standards.  A county
 22 10 board of supervisors may change the provider of individual
 22 11 case management services at any time.  If the current or
 22 12 proposed contract is with the department, the county board of
 22 13 supervisors shall provide written notification of a proposed
 22 14 change to the department on or before August 15 and written
 22 15 notification of an approved change on or before November 15 in
 22 16 the fiscal year which precedes the fiscal year in which the
 22 17 change at least ninety days before the date the change will
 22 18 take effect.
 22 19    Sec. 54.  Section 331.440A, subsection 1, paragraph b, Code
 22 20 Supplement 1999, is amended to read as follows:
 22 21    b.  "Pilot project areas" means the pilot project created
 22 22 under this section involving the three-county county or
 22 23 multicounty single entry point process administrative areas
 22 24 designated in accordance with this section.
 22 25    Sec. 55.  Section 331.440A, subsection 3, Code Supplement
 22 26 1999, is amended to read as follows:
 22 27    3.  PROJECT ESTABLISHED.  The department of human services
 22 28 shall establish a pilot project for decategorizing the public
 22 29 funding for adult mental health, mental retardation, and
 22 30 developmental disabilities services in accordance with this
 22 31 section.  The pilot project shall include the three-county
 22 32 single entry point process administrative areas designated for
 22 33 decategorization planning under 1997 Iowa Acts, chapter 169,
 22 34 section 13, Washington county, and Webster county.  Under the
 22 35 pilot project, a projected funding amount for a fiscal year
 23  1 shall be developed for each of the three administrative pilot
 23  2 project areas, from the funding sources designated in this
 23  3 section.  The projected funding amount for a fiscal year,
 23  4 manner of payment, and other provisions of the pilot project
 23  5 shall be delineated in contracts between the department and
 23  6 the counties involved in the pilot project.
 23  7    Sec. 56.  Section 331.440A, subsection 7, paragraph a,
 23  8 subparagraph (1), Code Supplement 1999, is amended to read as
 23  9 follows:
 23 10    (1)  At least one service consumer, one service provider,
 23 11 and one county supervisor from each of the three pilot project
 23 12 areas, designated by the governor.
 23 13    Sec. 57.  INFORMATION.  The department of human services
 23 14 shall develop data that tracks the county of residence for all
 23 15 individuals who received mental health or developmental
 23 16 disabilities services funded by medical assistance and for
 23 17 which the nonfederal share was paid by a county.  In addition,
 23 18 the department shall provide this data for individuals who
 23 19 received such services and for which the state paid the
 23 20 nonfederal share.  Initially, the data shall be reported for
 23 21 all or part, as available, of fiscal years 1998-1999 and 1999-
 23 22 2000.  The aggregate data, along with other pertinent
 23 23 information, shall be submitted as soon as is practicable to
 23 24 the governor, general assembly, and any task force created by
 23 25 the legislative council to study mental health and
 23 26 developmental disabilities services.
 23 27    Sec. 58.  EFFECTIVE DATE.  This division of this Act, being
 23 28 deemed of immediate importance, takes effect upon enactment.  
 23 29 
 23 30 
 23 31                                                             
 23 32                               MARY E. KRAMER
 23 33                               President of the Senate
 23 34 
 23 35 
 24  1                                                             
 24  2                               BRENT SIEGRIST
 24  3                               Speaker of the House
 24  4 
 24  5    I hereby certify that this bill originated in the Senate and
 24  6 is known as Senate File 2360, Seventy-eighth General Assembly.
 24  7 
 24  8 
 24  9                                                             
 24 10                               MICHAEL E. MARSHALL
 24 11                               Secretary of the Senate
 24 12 Approved                , 2000
 24 13 
 24 14 
 24 15                                
 24 16 THOMAS J. VILSACK
 24 17 Governor
     
Text: SF02359                           Text: SF02361
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