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House File 727

Partial Bill History

Bill Text

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  1  1                                            HOUSE FILE 727     
  1  2                                   
  1  3                             AN ACT 
  1  4 RELATING TO MENTAL HEALTH, MENTAL RETARDATION, AND 
  1  5    DEVELOPMENTAL DISABILITIES SERVICE PROVISIONS, INCLUDING 
  1  6    COUNTY FUNDING FOR SUCH SERVICES EXPENDITURES AND PLACEMENTS 
  1  7    OF PERSONS WITH SERIOUS MENTAL IMPAIRMENTS AND PROVIDING 
  1  8    EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.  
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11 
  1 12                           DIVISION I
  1 13                  ALLOWED GROWTH FUNDING POOLS
  1 14    Section 1.  Section 331.424A, subsection 6, Code 2001, is
  1 15 amended by striking the subsection.
  1 16    Sec. 2.  Section 331.427, subsection 2, paragraph n, Code
  1 17 2001, is amended by striking the paragraph.
  1 18    Sec. 3.  Section 331.438, subsection 1, paragraph a,
  1 19 unnumbered paragraph 2, Code 2001, is amended by striking the
  1 20 unnumbered paragraph.
  1 21    Sec. 4.  Section 426B.5, subsection 1, paragraphs b, c, and
  1 22 d, Code 2001, are amended to read as follows:
  1 23    b.  A statewide per capita expenditure target amount is
  1 24 established.  The statewide per capita expenditure target
  1 25 amount shall be equal to the seventy-fifth one-hundredth
  1 26 percentile of all county per capita expenditures in the fiscal
  1 27 year beginning July 1, 1997, and ending June 30, 1998.
  1 28    c.  Only a county levying the maximum amount allowed for
  1 29 the county's mental health, mental retardation, and
  1 30 developmental disabilities services fund under section
  1 31 331.424A is eligible to receive moneys from the per capita
  1 32 expenditure target pool for a fiscal year.  Moneys available
  1 33 in the pool for a fiscal year shall be distributed to those
  1 34 eligible counties whose per capita expenditure in the latest
  1 35 fiscal year for which the actual expenditure information is
  2  1 available is less than the statewide per capita expenditure
  2  2 target amount.  Moneys available in the per capita expenditure
  2  3 pool for a fiscal year shall be distributed to those counties
  2  4 who meet all of the following eligibility requirements:
  2  5    (1)  The county is levying the maximum amount allowed for
  2  6 the county's mental health, mental retardation, and
  2  7 developmental disabilities services fund under section
  2  8 331.424A.
  2  9    (2)  The county's per capita expenditure in the latest
  2 10 fiscal year for which the actual expenditure information is
  2 11 available is equal to or less than the statewide per capita
  2 12 expenditure target amount.
  2 13    (3)  In the fiscal year that commenced two years prior to
  2 14 the fiscal year of distribution, the county's mental health,
  2 15 mental retardation, and developmental disabilities services
  2 16 fund ending balance under generally accepted accounting
  2 17 principles was equal to or less than twenty-five percent of
  2 18 the county's actual gross expenditures for the fiscal year
  2 19 that commenced two years prior to the fiscal year of
  2 20 distribution.
  2 21    (4)  The county is in compliance with the filing date
  2 22 requirements under section 331.403.
  2 23    d.  The distribution amount a county receives from the
  2 24 moneys available in the pool shall be determined based upon
  2 25 the county's proportion of the general population of the
  2 26 counties eligible to receive moneys from the pool for that
  2 27 fiscal year.  However, a county shall not receive moneys in
  2 28 excess of the amount which would cause the county's per capita
  2 29 expenditure to equal exceed the statewide per capita
  2 30 expenditure target.  Moneys credited to the per capita
  2 31 expenditure target pool which remain unobligated or unexpended
  2 32 at the close of a fiscal year shall remain in the pool for
  2 33 distribution in the succeeding fiscal year.
  2 34    Sec. 5.  Section 426B.5, subsection 2, Code 2001, is
  2 35 amended by striking the subsection.
  3  1    Sec. 6.  Section 426B.5, subsection 3, Code 2001, is
  3  2 amended by adding the following new paragraph before paragraph
  3  3 a and relettering the subsequent paragraphs:
  3  4    NEW PARAGRAPH.  0a.  For the purposes of this subsection,
  3  5 unless the context otherwise requires:
  3  6    (1)  "Net expenditure amount" means a county's gross
  3  7 expenditures from the services fund for a fiscal year as
  3  8 adjusted by subtracting all services fund revenues for that
  3  9 fiscal year that are received from a source other than
  3 10 property taxes, as calculated on a modified accrual basis.
  3 11    (2)  "Services fund" means a county's mental health, mental
  3 12 retardation, and developmental disabilities services fund
  3 13 created in section 331.424A.
  3 14    Sec. 7.  Section 426B.5, subsection 3, paragraph c,
  3 15 subparagraphs (1), (2), and (4), Code 2001, are amended to
  3 16 read as follows:
  3 17    (1)  A county must apply to the board for assistance from
  3 18 the risk pool on or before April 1 to cover an unanticipated
  3 19 cost net expenditure amount in excess of the county's current
  3 20 fiscal year budget budgeted net expenditure amount for the
  3 21 county's mental health, mental retardation, and developmental
  3 22 disabilities services fund.  For purposes of applying for risk
  3 23 pool assistance and for repaying unused risk pool assistance,
  3 24 the current fiscal year budget budgeted net expenditure amount
  3 25 shall be deemed to be the higher of either the budget budgeted
  3 26 net expenditure amount in the management plan approved under
  3 27 section 331.439 for the fiscal year in which the application
  3 28 is made or the prior fiscal year's gross expenditures from the
  3 29 services fund net expenditure amount.
  3 30    (2)  Basic eligibility for risk pool assistance shall
  3 31 require a projected need net expenditure amount in excess of
  3 32 the sum of one hundred five percent of the county's current
  3 33 fiscal year budget budgeted net expenditure amount and any
  3 34 amount of the county's prior fiscal year ending fund balance
  3 35 in excess of twenty-five percent of the county's gross
  4  1 expenditures from the services fund in the prior fiscal year.
  4  2 However, if a county's services fund ending balance in the
  4  3 previous fiscal year was less than ten percent of the amount
  4  4 of the county's gross expenditures from the services fund for
  4  5 that fiscal year and the county has a projected net
  4  6 expenditure amount for the current fiscal year that is in
  4  7 excess of one hundred one percent of the budgeted net
  4  8 expenditure amount for the current fiscal year, the county
  4  9 shall be considered to have met the basic eligibility
  4 10 requirement and is qualified for risk pool assistance.
  4 11    (4)  A county receiving risk pool assistance in a fiscal
  4 12 year in which the county did not levy the maximum amount
  4 13 allowed for the county's mental health, mental retardation,
  4 14 and developmental disabilities services fund under section
  4 15 331.424A shall be required to repay the risk pool assistance
  4 16 during the two succeeding fiscal years.  The repayment amount
  4 17 shall be limited to the amount by which the actual amount
  4 18 levied was less than the maximum amount allowed, with at least
  4 19 fifty percent due in the first succeeding fiscal year and the
  4 20 remainder due in the second succeeding fiscal year.
  4 21    Sec. 8.  Section 426B.5, subsection 3, Code 2001, is
  4 22 amended by adding the following new paragraph:
  4 23    NEW PARAGRAPH.  f.  On or before March 1 and September 1 of
  4 24 each fiscal year, the department of human services shall
  4 25 provide the risk pool board with a report of the financial
  4 26 condition of each funding source administered by the board.
  4 27 The report shall include but is not limited to an itemization
  4 28 of the funding source's balances, types and amount of revenues
  4 29 credited, and payees and payment amounts for the expenditures
  4 30 made from the funding source during the reporting period.
  4 31    Sec. 9.  2000 Iowa Acts, chapter 1090, sections 5 and 6,
  4 32 are repealed.
  4 33    Sec. 10.  2000 Iowa Acts, chapter 1232, sections 6, 7, 8,
  4 34 9, and 10, are repealed.
  4 35    Sec. 11.  EFFECTIVE DATE AND UNOBLIGATED MONEYS BUDGET
  5  1 CERTIFICATION – RETROACTIVE APPLICABILITY.
  5  2    1.  The following sections of this division of this Act,
  5  3 being deemed of immediate importance, take effect upon
  5  4 enactment:
  5  5    a.  The sections of this division of this Act amending Code
  5  6 section 426B.5, subsections 2 and 3, which are applicable to
  5  7 fiscal years beginning on or after July 1, 2001.
  5  8    b.  The sections of this division of this Act amending Code
  5  9 sections 331.424A, 331.427, and 331.438, and repealing 2000
  5 10 Iowa Acts, chapter 1090, sections 5 and 6, and 2000 Iowa Acts,
  5 11 chapter 1232, sections 6, 7, 8, 9, and 10.  In addition, such
  5 12 sections are retroactively applicable to April 13, 2000.
  5 13    c.  This section.
  5 14    2.  Any moneys in the incentive and efficiency pool created
  5 15 in section 426B.5, subsection 2, that remain unencumbered or
  5 16 unobligated at the close of the fiscal year beginning July 1,
  5 17 2000, shall be credited to the appropriation and allocation
  5 18 for the per capita expenditure target pool for distribution to
  5 19 counties for fiscal year 2001-2002 made in 2000 Iowa Acts,
  5 20 chapter 1232, section 1, subsection 2.  
  5 21                           DIVISION II
  5 22                        DISPUTED BILLINGS
  5 23    Sec. 12.  DISPUTED BILLINGS.
  5 24    1.  To the extent allowable under federal law or
  5 25 regulation, if the costs of a service are payable in whole or
  5 26 in part by a county in accordance with a chapter of the Code
  5 27 listed in this section, the service was rendered prior to July
  5 28 1, 1997, and the county that would be obligated to pay for the
  5 29 costs of the service has not been billed for the service or
  5 30 has disputed the billing prior to the effective date of this
  5 31 section, or the state has fully charged off the cost of the
  5 32 service to an appropriation made in a prior fiscal year or has
  5 33 not provided information to appropriately document the basis
  5 34 for the billing, the county shall have no obligation to pay
  5 35 for the service.
  6  1    2.  This section is applicable to service costs that are a
  6  2 county obligation under the following chapters of the Code:
  6  3    a.  Chapter 222.
  6  4    b.  Chapter 230.
  6  5    c.  Chapter 249A.
  6  6    Sec. 13.  EFFECTIVE DATE – APPLICABILITY.  This division
  6  7 of this Act, being deemed of immediate importance, takes
  6  8 effect upon enactment.  
  6  9                          DIVISION III
  6 10                 COUNTY BILLING RESPONSIBILITIES
  6 11    Sec. 14.  Section 222.2, Code 2001, is amended by adding
  6 12 the following new subsection:
  6 13    NEW SUBSECTION.  2A.  "Department" means the department of
  6 14 human services.
  6 15    Sec. 15.  Section 222.73, subsection 1, unnumbered
  6 16 paragraph 1, Code 2001, is amended to read as follows:
  6 17    The superintendent of each resource center and special unit
  6 18 shall compute by February 1 the average daily patient charge
  6 19 and outpatient treatment charges for which each county will be
  6 20 billed for services provided to patients chargeable to the
  6 21 county during the fiscal year beginning the following July 1.
  6 22 The department shall certify the amount of the charges to the
  6 23 director of revenue and finance and notify the counties of the
  6 24 billing charges.
  6 25    Sec. 16.  Section 222.73, subsection 2, unnumbered
  6 26 paragraph 1, Code 2001, is amended to read as follows:
  6 27    The superintendent shall certify to the director of revenue
  6 28 and finance department the billings to each county for
  6 29 services provided to patients chargeable to the county during
  6 30 the preceding calendar quarter.  The county billings shall be
  6 31 based on the average daily patient charge and outpatient
  6 32 treatment charges computed pursuant to subsection 1, and the
  6 33 number of inpatient days and outpatient treatment service
  6 34 units chargeable to the county.  The billings to a county of
  6 35 legal settlement are subject to adjustment for all of the
  7  1 following circumstances:
  7  2    Sec. 17.  Section 222.73, subsection 4, Code 2001, is
  7  3 amended to read as follows:
  7  4    4.  The department shall certify to the director of revenue
  7  5 and finance and the counties by February 1 the actual per-
  7  6 patient-per-day costs, as computed pursuant to subsection 3,
  7  7 and the actual costs owed by each county for the immediately
  7  8 preceding calendar year for patients chargeable to the county.
  7  9 If the actual costs owed by the county are greater than the
  7 10 charges billed to the county pursuant to subsection 2, the
  7 11 director of revenue and finance department shall bill the
  7 12 county for the difference with the billing for the quarter
  7 13 ending June 30.  If the actual costs owed by the county are
  7 14 less than the charges billed to the county pursuant to
  7 15 subsection 2, the director of revenue and finance department
  7 16 shall credit the county for the difference starting with the
  7 17 billing for the quarter ending June 30.
  7 18    Sec. 18.  Section 222.74, Code 2001, is amended to read as
  7 19 follows:
  7 20    222.74  DUPLICATE TO COUNTY.
  7 21    When certifying to the director of revenue and finance
  7 22 department amounts to be charged against each county as
  7 23 provided in section 222.73, the superintendent shall send to
  7 24 the county auditor of each county against which the
  7 25 superintendent has so certified any amount, a duplicate of the
  7 26 certificate certification statement.  The county auditor upon
  7 27 receipt of the duplicate certificate certification statement
  7 28 shall enter it to the credit of the state in the ledger of
  7 29 state accounts, and shall immediately issue a notice to the
  7 30 county treasurer authorizing the treasurer to transfer the
  7 31 amount from the county fund to the general state revenue.  The
  7 32 county treasurer shall file the notice as authority for making
  7 33 the transfer and shall include the amount transferred in the
  7 34 next remittance of state taxes to the treasurer of state,
  7 35 designating the fund to which the amount belongs.
  8  1    Sec. 19.  Section 222.75, Code 2001, is amended to read as
  8  2 follows:
  8  3    222.75  DELINQUENT PAYMENTS – PENALTY.
  8  4    Should any If a county fail fails to pay the bills a billed
  8  5 charge within forty-five days from the date the county auditor
  8  6 received the certificate certification statement from the
  8  7 superintendent pursuant to section 222.74, the director of
  8  8 revenue and finance department may charge the delinquent
  8  9 county a penalty of not greater than one percent per month on
  8 10 and after forty-five days from the date the county auditor
  8 11 received the certificate certification statement until paid.
  8 12    Sec. 20.  Section 222.79, Code 2001, is amended to read as
  8 13 follows:
  8 14    222.79  CERTIFICATION STATEMENT PRESUMED CORRECT.
  8 15    In actions to enforce the liability imposed by section
  8 16 222.78, the certificate certification statement sent from the
  8 17 superintendent to the county auditor pursuant to section
  8 18 222.74 stating the sums charged in such cases shall be
  8 19 presumptively correct.
  8 20    Sec. 21.  Section 229.41, Code 2001, is amended to read as
  8 21 follows:
  8 22    229.41  VOLUNTARY ADMISSION.
  8 23    Persons making application pursuant to section 229.2 on
  8 24 their own behalf or on behalf of another person who is under
  8 25 eighteen years of age, if the person whose admission is sought
  8 26 is received for observation and treatment on the application,
  8 27 shall be required to pay the costs of hospitalization at rates
  8 28 established by the administrator.  The costs may be collected
  8 29 weekly in advance and shall be payable at the business office
  8 30 of the hospital.  The collections shall be remitted to the
  8 31 director of revenue and finance department of human services
  8 32 monthly to be credited to the general fund of the state.
  8 33    Sec. 22.  Section 229.42, Code 2001, is amended to read as
  8 34 follows:
  8 35    229.42  COSTS PAID BY COUNTY.
  9  1    If a person wishing to make application for voluntary
  9  2 admission to a mental hospital established by chapter 226 is
  9  3 unable to pay the costs of hospitalization or those
  9  4 responsible for the person are unable to pay the costs,
  9  5 application for authorization of voluntary admission must be
  9  6 made through a single entry point process before application
  9  7 for admission is made to the hospital.  The person's county of
  9  8 legal settlement shall be determined through the single entry
  9  9 point process and if the admission is approved through the
  9 10 single entry point process, the person's admission to a mental
  9 11 health hospital shall be authorized as a voluntary case.  The
  9 12 authorization shall be issued on forms provided by the
  9 13 administrator.  The costs of the hospitalization shall be paid
  9 14 by the county of legal settlement to the director of revenue
  9 15 and finance department of human services and credited to the
  9 16 general fund of the state, providing the mental health
  9 17 hospital rendering the services has certified to the county
  9 18 auditor of the county of legal settlement the amount
  9 19 chargeable to the county and has sent a duplicate statement of
  9 20 the charges to the director of revenue and finance department
  9 21 of human services.  A county shall not be billed for the cost
  9 22 of a patient unless the patient's admission is authorized
  9 23 through the single entry point process.  The mental health
  9 24 institute and the county shall work together to locate
  9 25 appropriate alternative placements and services, and to
  9 26 educate patients and family members of patients regarding such
  9 27 alternatives.
  9 28    All the provisions of chapter 230 shall apply to such
  9 29 voluntary patients so far as is applicable.
  9 30    The provisions of this section and of section 229.41 shall
  9 31 apply to all voluntary inpatients or outpatients either away
  9 32 from or at the institution heretofore or hereafter receiving
  9 33 mental health services.
  9 34    Should any If a county fail fails to pay these bills the
  9 35 billed charges within forty-five days from the date the county
 10  1 auditor received the certificate certification statement from
 10  2 the superintendent, the director of revenue and finance
 10  3 department of human services shall charge the delinquent
 10  4 county the penalty of one percent per month on and after
 10  5 forty-five days from the date the county received the
 10  6 certificate certification statement until paid.  Such The
 10  7 penalties received shall be credited to the general fund of
 10  8 the state.
 10  9    Sec. 23.  Section 230.20, subsection 1, unnumbered
 10 10 paragraph 1, Code 2001, is amended to read as follows:
 10 11    The superintendent of each mental health institute shall
 10 12 compute by February 1 the average daily patient charges and
 10 13 other service charges for which each county will be billed for
 10 14 services provided to patients chargeable to the county during
 10 15 the fiscal year beginning the following July 1.  The
 10 16 department shall certify the amount of the charges to the
 10 17 director of revenue and finance and notify the counties of the
 10 18 billing charges.
 10 19    Sec. 24.  Section 230.20, subsection 2, paragraph a, Code
 10 20 2001, is amended to read as follows:
 10 21    a.  The superintendent shall certify to the director of
 10 22 revenue and finance department the billings to each county for
 10 23 services provided to patients chargeable to the county during
 10 24 the preceding calendar quarter.  The county billings shall be
 10 25 based on the average daily patient charge and other service
 10 26 charges computed pursuant to subsection 1, and the number of
 10 27 inpatient days and other service units chargeable to the
 10 28 county.  However, a county billing shall be decreased by an
 10 29 amount equal to reimbursement by a third party payor or
 10 30 estimation of such reimbursement from a claim submitted by the
 10 31 superintendent to the third party payor for the preceding
 10 32 calendar quarter.  When the actual third party payor
 10 33 reimbursement is greater or less than estimated, the
 10 34 difference shall be reflected in the county billing in the
 10 35 calendar quarter the actual third party payor reimbursement is
 11  1 determined.
 11  2    Sec. 25.  Section 230.20, subsections 4 and 5, Code 2001,
 11  3 are amended to read as follows:
 11  4    4.  The department shall certify to the director of revenue
 11  5 and finance and the counties by February 1 the actual per-
 11  6 patient-per-day costs, as computed pursuant to subsection 3,
 11  7 and the actual costs owed by each county for the immediately
 11  8 preceding calendar year for patients chargeable to the county.
 11  9 If the actual costs owed by the county are greater than the
 11 10 charges billed to the county pursuant to subsection 2, the
 11 11 director of revenue and finance department shall bill the
 11 12 county for the difference with the billing for the quarter
 11 13 ending June 30.  If the actual costs owed by the county are
 11 14 less than the charges billed to the county pursuant to
 11 15 subsection 2, the director of revenue and finance department
 11 16 shall credit the county for the difference starting with the
 11 17 billing for the quarter ending June 30.
 11 18    5.  An individual statement shall be prepared for a patient
 11 19 on or before the fifteenth day of the month following the
 11 20 month in which the patient leaves the mental health institute,
 11 21 and a general statement shall be prepared at least quarterly
 11 22 for each county to which charges are made under this section.
 11 23 Except as otherwise required by sections 125.33 and 125.34 the
 11 24 general statement shall list the name of each patient
 11 25 chargeable to that county who was served by the mental health
 11 26 institute during the preceding month or calendar quarter, the
 11 27 amount due on account of each patient, and the specific dates
 11 28 for which any third party payor reimbursement received by the
 11 29 state is applied to the statement and billing, and the county
 11 30 shall be billed for eighty percent of the stated charge for
 11 31 each patient specified in this subsection.  The statement
 11 32 prepared for each county shall be certified by the department
 11 33 to the director of revenue and finance and a duplicate
 11 34 statement shall be mailed to the auditor of that county.
 11 35    Sec. 26.  Section 230.22, Code 2001, is amended to read as
 12  1 follows:
 12  2    230.22  PENALTY.
 12  3    Should any county fail to pay the amount billed by a
 12  4 statement submitted pursuant to section 230.20 within forty-
 12  5 five days from the date the statement is received by the
 12  6 county, the director of revenue and finance department shall
 12  7 charge the delinquent county the penalty of one percent per
 12  8 month on and after forty-five days from the date the statement
 12  9 is received by the county until paid.  Provided, however, that
 12 10 the penalty shall not be imposed if the county has notified
 12 11 the director of revenue and finance department of error or
 12 12 questionable items in the billing, in which event, the
 12 13 director of revenue and finance department shall suspend the
 12 14 penalty only during the period of negotiation.
 12 15    Sec. 27.  Section 230.34, Code 2001, is amended by adding
 12 16 the following new subsection:
 12 17    NEW SUBSECTION.  4.  As used in this chapter, unless the
 12 18 context otherwise requires, "department" means the department
 12 19 of human services.  
 12 20                           DIVISION IV
 12 21                     ACCREDITATION STANDARDS
 12 22    Sec. 28.  Section 225C.6, subsection 1, paragraph e, Code
 12 23 2001, is amended to read as follows:
 12 24    e.  If no other person Unless another governmental body
 12 25 sets standards for a service available to persons with
 12 26 disabilities, adopt state standards for that service.  The
 12 27 commission shall provide that a service provider's compliance
 12 28 with standards for a service set by a nationally recognized
 12 29 body shall be deemed to be in compliance with the state
 12 30 standards adopted by the commission for that service.  The
 12 31 commission shall adopt state standards for those residential
 12 32 and community-based providers of services to persons with
 12 33 mental illness or developmental disabilities that are not
 12 34 otherwise subject to licensure by the department of human
 12 35 services or department of inspections and appeals, including
 13  1 but not limited to services payable under the adult
 13  2 rehabilitation option of the medical assistance program and
 13  3 other services payable from funds credited to a county mental
 13  4 health, mental retardation, and developmental disabilities
 13  5 services fund created in section 331.424A.  In addition, the
 13  6 commission shall review the licensing standards used by the
 13  7 department of human services or department of inspections and
 13  8 appeals for those facilities providing services to persons
 13  9 with mental illness or developmental disabilities.  
 13 10                           DIVISION V
 13 11                INVOLUNTARY COMMITMENT PLACEMENTS
 13 12    Sec. 29.  Section 229.6A, subsection 2, Code 2001, is
 13 13 amended to read as follows:
 13 14    2.  The procedural requirements of this chapter are
 13 15 applicable to minors involved in hospitalization proceedings
 13 16 pursuant to subsection 1 and placement proceedings pursuant to
 13 17 section 229.14B.
 13 18    Sec. 30.  Section 229.13, Code 2001, is amended to read as
 13 19 follows:
 13 20    229.13  EVALUATION ORDER – OUTPATIENT TREATMENT –
 13 21 UNAUTHORIZED DEPARTURE OR FAILURE TO APPEAR.
 13 22    If upon completion of the hearing the court finds that the
 13 23 contention that the respondent has a serious mental impairment
 13 24 is sustained by clear and convincing evidence, the court shall
 13 25 order a respondent whose expenses are payable in whole or in
 13 26 part by a county committed to the care of a hospital or
 13 27 facility designated through the single entry point process,
 13 28 and shall order any other respondent committed to the care of
 13 29 a hospital or a facility licensed to care for persons with
 13 30 mental illness or substance abuse or under the care of a
 13 31 facility that is licensed to care for persons with mental
 13 32 illness or substance abuse on an outpatient basis as
 13 33 expeditiously as possible for a complete psychiatric
 13 34 evaluation and appropriate treatment.
 13 35    1.  If upon completion of the hospitalization hearing the
 14  1 court finds by clear and convincing evidence that the
 14  2 respondent has a serious mental impairment, the court shall
 14  3 order the respondent committed as expeditiously as possible
 14  4 for a complete psychiatric evaluation and appropriate
 14  5 treatment as follows:
 14  6    a.  The court shall order a respondent whose expenses are
 14  7 payable in whole or in part by a county placed under the care
 14  8 of an appropriate hospital or facility designated through the
 14  9 single entry point process on an inpatient or outpatient
 14 10 basis.
 14 11    b.  The court shall order any other respondent placed under
 14 12 the care of an appropriate hospital or facility licensed to
 14 13 care for persons with mental illness or substance abuse on an
 14 14 inpatient or outpatient basis.
 14 15    2.  The court shall provide notice to the respondent and
 14 16 the respondent's attorney of the placement order under
 14 17 subsection 1.  The court shall advise the respondent and the
 14 18 respondent's attorney that the respondent has a right to
 14 19 request a placement hearing held in accordance with the
 14 20 requirements of section 229.14B.
 14 21    3.  If the respondent is ordered at the a hearing to
 14 22 undergo outpatient treatment, the outpatient treatment
 14 23 provider must be notified and agree to provide the treatment
 14 24 prior to placement of the respondent under the treatment
 14 25 provider's care.
 14 26    4.  The court shall furnish to the chief medical officer of
 14 27 the hospital or facility at the time the respondent arrives at
 14 28 the hospital or facility for inpatient or outpatient treatment
 14 29 a written finding of fact setting forth the evidence on which
 14 30 the finding is based.  If the respondent is ordered to undergo
 14 31 outpatient treatment, the order shall also require the
 14 32 respondent to cooperate with the treatment provider and comply
 14 33 with the course of treatment.
 14 34    5.  The chief medical officer of the hospital or facility
 14 35 at which the respondent is placed shall report to the court no
 15  1 more than fifteen days after the individual respondent is
 15  2 admitted to or placed under the care of the hospital or
 15  3 facility, making a recommendation for disposition of the
 15  4 matter.  An extension of time may be granted, for not to
 15  5 exceed seven days upon a showing of cause.  A copy of the
 15  6 report shall be sent to the respondent's attorney, who may
 15  7 contest the need for an extension of time if one is requested.
 15  8 Extension An extension of time shall be granted upon request
 15  9 unless the request is contested, in which case the court shall
 15 10 make such inquiry as it deems appropriate and may either order
 15 11 the respondent's release from the hospital or facility or
 15 12 grant extension of time for psychiatric evaluation.  If the
 15 13 chief medical officer fails to report to the court within
 15 14 fifteen days after the individual is admitted to or placed
 15 15 under the care of the hospital or facility, and no an
 15 16 extension of time has not been requested, the chief medical
 15 17 officer is guilty of contempt and shall be punished under
 15 18 chapter 665.  The court shall order a rehearing on the
 15 19 application to determine whether the respondent should
 15 20 continue to be held detained at or placed under the care of
 15 21 the facility.
 15 22    6.  If, after placement and admission of a respondent in or
 15 23 under the care of a hospital or other suitable facility for
 15 24 inpatient treatment, the respondent departs from the hospital
 15 25 or facility or fails to appear for treatment as ordered
 15 26 without prior proper authorization from the chief medical
 15 27 officer, upon receipt of notification of the respondent's
 15 28 departure or failure to appear by the chief medical officer, a
 15 29 peace officer of the state shall without further order of the
 15 30 court exercise all due diligence to take the respondent into
 15 31 protective custody and return the respondent to the hospital
 15 32 or facility.
 15 33    Sec. 31.  Section 229.14, Code 2001, is amended to read as
 15 34 follows:
 15 35    229.14  CHIEF MEDICAL OFFICER'S REPORT.
 16  1    1.  The chief medical officer's report to the court on the
 16  2 psychiatric evaluation of the respondent shall be made not
 16  3 later than the expiration of the time specified in section
 16  4 229.13.  At least two copies of the report shall be filed with
 16  5 the clerk, who shall dispose of them in the manner prescribed
 16  6 by section 229.10, subsection 2.  The report shall state one
 16  7 of the four following alternative findings:
 16  8    1. a.  That the respondent does not, as of the date of the
 16  9 report, require further treatment for serious mental
 16 10 impairment.  If the report so states, the court shall order
 16 11 the respondent's immediate release from involuntary
 16 12 hospitalization and terminate the proceedings.
 16 13    2. b.  That the respondent is seriously mentally impaired
 16 14 and in need of full-time custody, care and inpatient treatment
 16 15 in a hospital, and is considered likely to benefit from
 16 16 treatment.  If the report so states, the court shall enter an
 16 17 order which may require the respondent's continued
 16 18 hospitalization for appropriate treatment.  The report shall
 16 19 include the chief medical officer's recommendation for further
 16 20 treatment.
 16 21    3. c.  That the respondent is seriously mentally impaired
 16 22 and in need of treatment, but does not require full-time
 16 23 hospitalization.  If the report so states, it shall include
 16 24 the chief medical officer's recommendation for treatment of
 16 25 the respondent on an outpatient or other appropriate basis,
 16 26 and the court shall enter an order which may direct the
 16 27 respondent to submit to the recommended treatment.  The order
 16 28 shall provide that if the respondent fails or refuses to
 16 29 submit to treatment as directed by the court's order, the
 16 30 court may order that the respondent be taken into immediate
 16 31 custody as provided by section 229.11 and, following notice
 16 32 and hearing held in accordance with the procedures of section
 16 33 229.12, may order the respondent treated as a patient
 16 34 requiring full-time custody, care, and treatment in a hospital
 16 35 until such time as the chief medical officer reports that the
 17  1 respondent does not require further treatment for serious
 17  2 mental impairment or has indicated the respondent is willing
 17  3 to submit to treatment on another basis as ordered by the
 17  4 court.  If a patient is transferred for treatment to another
 17  5 provider under this subsection, the treatment provider who
 17  6 will be providing the outpatient or other appropriate
 17  7 treatment shall be provided with relevant court orders by the
 17  8 former treatment provider.
 17  9    4. d.  The respondent is seriously mentally impaired and in
 17 10 need of full-time custody and care, but is unlikely to benefit
 17 11 from further inpatient treatment in a hospital.  If the report
 17 12 so states, the The report shall include the chief medical
 17 13 officer officer's shall recommend recommendation for an
 17 14 appropriate alternative placement for the respondent and the
 17 15 court shall enter an order which may direct the respondent's
 17 16 transfer to the recommended placement.
 17 17    2.  Following receipt of the chief medical officer's report
 17 18 under subsection 1, paragraph "b", "c", or "d", the court
 17 19 shall issue an order for appropriate treatment as follows:
 17 20    a.  For a respondent whose expenses are payable in whole or
 17 21 in part by a county, placement as designated through the
 17 22 single entry point process in the care of an appropriate
 17 23 hospital or facility on an inpatient or outpatient basis, or
 17 24 other appropriate treatment, or in an appropriate alternative
 17 25 placement.
 17 26    b.  For any other respondent, placement in the care of an
 17 27 appropriate hospital or facility on an inpatient or outpatient
 17 28 basis, or other appropriate treatment, or an appropriate
 17 29 alternative placement.
 17 30    c.  A For a respondent who is an inmate in the custody of
 17 31 the department of corrections may, as a court-ordered
 17 32 alternative placement, the court may order the respondent to
 17 33 receive mental health services in a correctional program.  If
 17 34 the court or the respondent's attorney considers the placement
 17 35 inappropriate, an alternative placement may be arranged upon
 18  1 consultation with the chief medical officer and approval of
 18  2 the court.
 18  3    d.  If the court orders treatment of the respondent on an
 18  4 outpatient or other appropriate basis as described in the
 18  5 chief medical officer's report pursuant to subsection 1,
 18  6 paragraph "c", the order shall provide that, should the
 18  7 respondent fail or refuse to submit to treatment in accordance
 18  8 with the court's order, the court may order that the
 18  9 respondent be taken into immediate custody as provided by
 18 10 section 229.11 and, following notice and hearing held in
 18 11 accordance with the procedures of section 229.12, may order
 18 12 the respondent treated as on an inpatient basis requiring
 18 13 full-time custody, care, and treatment in a hospital until
 18 14 such time as the chief medical officer reports that the
 18 15 respondent does not require further treatment for serious
 18 16 mental impairment or has indicated the respondent is willing
 18 17 to submit to treatment on another basis as ordered by the
 18 18 court.  If a patient is transferred for treatment to another
 18 19 provider under this paragraph, the treatment provider who will
 18 20 be providing the outpatient or other appropriate treatment
 18 21 shall be provided with relevant court orders by the former
 18 22 treatment provider.
 18 23    Sec. 32.  Section 229.14A, Code 2001, is amended to read as
 18 24 follows:
 18 25    229.14A  ESCAPE FROM CUSTODY.
 18 26    A person who is placed in a hospital or other suitable
 18 27 facility for evaluation under section 229.13 or who is
 18 28 required to remain hospitalized for treatment under section
 18 29 229.14, subsection 2, shall remain at that hospital or
 18 30 facility unless discharged or otherwise permitted to leave by
 18 31 the court or the chief medical officer of the hospital or
 18 32 facility.  If a person placed at a hospital or facility or
 18 33 required to remain at a hospital or facility leaves the
 18 34 facility without permission or without having been discharged,
 18 35 the chief medical officer may notify the sheriff of the
 19  1 person's absence and the sheriff shall take the person into
 19  2 custody and return the person promptly to the hospital or
 19  3 facility.
 19  4    Sec. 33.  NEW SECTION.  229.14B  PLACEMENT ORDER – NOTICE
 19  5 AND HEARING.
 19  6    1.  With respect to a chief medical officer's report made
 19  7 pursuant to section 229.14, subsection 1, paragraph "b", "c",
 19  8 or "d", or any other provision of this chapter related to
 19  9 involuntary commitment for which the court issues a placement
 19 10 order or a transfer of placement is authorized, the court
 19 11 shall provide notice to the respondent and the respondent's
 19 12 attorney or mental health advocate pursuant to section 229.19
 19 13 concerning the placement order and the respondent's right to
 19 14 request a placement hearing to determine if the order for
 19 15 placement or transfer of placement is appropriate.
 19 16    2.  The notice shall provide that a request for a placement
 19 17 hearing must be in writing and filed with the clerk within
 19 18 seven days of issuance of the placement order.
 19 19    3.  A request for a placement hearing may be signed by the
 19 20 respondent, the respondent's next friend, guardian, or
 19 21 attorney.
 19 22    4.  The court, on its own motion, may order a placement
 19 23 hearing to be held.
 19 24    5.  a.  A placement hearing shall be held no sooner than
 19 25 four days and no later than seven days after the request for
 19 26 the placement hearing is filed unless otherwise agreed to by
 19 27 the parties.
 19 28    b.  The respondent may be transferred to the placement
 19 29 designated by the court's placement order and receive
 19 30 treatment unless a request for hearing is filed prior to the
 19 31 transfer.  If the request for a placement hearing is filed
 19 32 prior to the transfer, the court shall determine where the
 19 33 respondent shall be detained and treated until the date of the
 19 34 hearing.
 19 35    c.  If the respondent's attorney has withdrawn pursuant to
 20  1 section 229.19, the court shall appoint an attorney for the
 20  2 respondent in the manner described in section 229.8,
 20  3 subsection 1.
 20  4    6.  Time periods shall be calculated for the purposes of
 20  5 this section excluding weekends and official holidays.
 20  6    7.  If a respondent's expenses are payable in whole or in
 20  7 part by a county through the single entry point process,
 20  8 notice of a placement hearing shall be provided to the county
 20  9 attorney and the county's single entry point process
 20 10 administrator.  At the hearing, the county may present
 20 11 evidence regarding appropriate placement.
 20 12    8.  In a placement hearing, the court shall determine a
 20 13 placement for the respondent in accordance with the
 20 14 requirements of section 229.23, taking into consideration the
 20 15 evidence presented by all the parties.
 20 16    9.  A placement made pursuant to an order entered under
 20 17 section 229.13 or 229.14 or this section shall be considered
 20 18 to be authorized through the single entry point process.
 20 19    Sec. 34.  Section 229.15, subsections 1 through 3, Code
 20 20 2001, are amended to read as follows:
 20 21    1.  Not more than thirty days after entry of an order for
 20 22 continued hospitalization of a patient under section 229.14,
 20 23 subsection 2 1, paragraph "b", and thereafter at successive
 20 24 intervals of not more than sixty days continuing so long as
 20 25 involuntary hospitalization of the patient continues, the
 20 26 chief medical officer of the hospital shall report to the
 20 27 court which entered the order.  The report shall be submitted
 20 28 in the manner required by section 229.14, shall state whether
 20 29 the patient's condition has improved, remains unchanged, or
 20 30 has deteriorated, and shall indicate if possible the further
 20 31 length of time the patient will be required to remain at the
 20 32 hospital.  The chief medical officer may at any time report to
 20 33 the court a finding as stated in section 229.14, subsection 4
 20 34 1, and the court shall act thereon upon the finding as
 20 35 required by that section 229.14, subsection 2.
 21  1    2.  Not more than sixty days after the entry of a court
 21  2 order for treatment of a patient pursuant to a report issued
 21  3 under section 229.14, subsection 3 1, paragraph "c", and
 21  4 thereafter at successive intervals as ordered by the court but
 21  5 not to exceed ninety days so long as that court order remains
 21  6 in effect, the medical director of the facility treating the
 21  7 patient shall report to the court which entered the order.
 21  8 The report shall state whether the patient's condition has
 21  9 improved, remains unchanged, or has deteriorated, and shall
 21 10 indicate if possible the further length of time the patient
 21 11 will require treatment by the facility.  If at any time the
 21 12 patient without good cause fails or refuses to submit to
 21 13 treatment as ordered by the court, the medical director shall
 21 14 at once so notify the court, which shall order the patient
 21 15 hospitalized as provided by section 229.14, subsection 3 2,
 21 16 paragraph "d", unless the court finds that the failure or
 21 17 refusal was with good cause and that the patient is willing to
 21 18 receive treatment as provided in the court's order, or in a
 21 19 revised order if the court sees fit to enter one.  If at any
 21 20 time the medical director reports to the court that in the
 21 21 director's opinion the patient requires full-time custody,
 21 22 care and treatment in a hospital, and the patient is willing
 21 23 to be admitted voluntarily to the hospital for these purposes,
 21 24 the court may enter an order approving hospitalization for
 21 25 appropriate treatment upon consultation with the chief medical
 21 26 officer of the hospital in which the patient is to be
 21 27 hospitalized.  If the patient is unwilling to be admitted
 21 28 voluntarily to the hospital, the procedure for determining
 21 29 involuntary hospitalization, as set out in section 229.14,
 21 30 subsection 3 2, paragraph "d", shall be followed.
 21 31    3.  When a patient has been placed in a an alternative
 21 32 facility other than a hospital pursuant to a report issued
 21 33 under section 229.14, subsection 4 1, paragraph "d", a report
 21 34 on the patient's condition and prognosis shall be made to the
 21 35 court which placed the patient, at least once every six
 22  1 months, unless the court authorizes annual reports.  If an
 22  2 evaluation of the patient is performed pursuant to section
 22  3 227.2, subsection 4, a copy of the evaluation report shall be
 22  4 submitted to the court within fifteen days of the evaluation's
 22  5 completion.  The court may in its discretion waive the
 22  6 requirement of an additional report between the annual
 22  7 evaluations.  If the administrator exercises the authority to
 22  8 remove residents from a county care facility or other county
 22  9 or private institution under section 227.6, the administrator
 22 10 shall promptly notify each court which placed in that facility
 22 11 any resident so removed.
 22 12    Sec. 35.  Section 229.15, subsection 4, Code 2001, is
 22 13 amended by striking the subsection and inserting in lieu
 22 14 thereof the following:
 22 15    4.  a.  When in the opinion of the chief medical officer
 22 16 the best interest of a patient would be served by a
 22 17 convalescent or limited leave, the chief medical officer may
 22 18 authorize the leave and, if authorized, shall promptly report
 22 19 the leave to the court.  When in the opinion of the chief
 22 20 medical officer the best interest of a patient would be served
 22 21 by a transfer to a different hospital for continued full-time
 22 22 custody, care, and treatment, the chief medical officer shall
 22 23 promptly send a report to the court.  The court shall act upon
 22 24 the report in accordance with section 229.14B.
 22 25    b.  This subsection shall not be construed to add to or
 22 26 restrict the authority otherwise provided by law for transfer
 22 27 of patients or residents among various state institutions
 22 28 administered by the department of human services.  If a
 22 29 patient is transferred under this subsection, the treatment
 22 30 provider to whom the patient is transferred shall be provided
 22 31 with copies of relevant court orders by the former treatment
 22 32 provider.
 22 33    Sec. 36.  Section 229.16, Code 2001, is amended to read as
 22 34 follows:
 22 35    229.16  DISCHARGE AND TERMINATION OF PROCEEDING.
 23  1    When the condition of a patient who is hospitalized
 23  2 pursuant to a report issued under section 229.14, subsection 2
 23  3 1, paragraph "b", or is receiving treatment pursuant to a
 23  4 report issued under section 229.14, subsection 3 1, paragraph
 23  5 "c", or is in full-time care and custody pursuant to a report
 23  6 issued under section 229.14, subsection 4 1, paragraph "d", is
 23  7 such that in the opinion of the chief medical officer the
 23  8 patient no longer requires treatment or care for serious
 23  9 mental impairment, the chief medical officer shall tentatively
 23 10 discharge the patient and immediately report that fact to the
 23 11 court which ordered the patient's hospitalization or care and
 23 12 custody.  The court shall thereupon Upon receiving the report,
 23 13 the court shall issue an order confirming the patient's
 23 14 discharge from the hospital or from care and custody, as the
 23 15 case may be, and shall terminate the proceedings pursuant to
 23 16 which the order was issued.  Copies of the order shall be sent
 23 17 by regular mail to the hospital, the patient, and the
 23 18 applicant if the applicant has filed a written waiver signed
 23 19 by the patient.
 23 20    Sec. 37.  Section 229.17, Code 2001, is amended to read as
 23 21 follows:
 23 22    229.17  STATUS OF RESPONDENT DURING APPEAL.
 23 23    Where If a respondent appeals to the supreme court from a
 23 24 finding that the contention the respondent is seriously
 23 25 mentally impaired has been sustained, and the respondent was
 23 26 previously ordered taken into immediate custody under section
 23 27 229.11 or has been hospitalized for psychiatric evaluation and
 23 28 appropriate treatment under section 229.13 before the court is
 23 29 informed of intent to appeal its finding, the respondent shall
 23 30 remain in custody as previously ordered by the court, the time
 23 31 limit stated in section 229.11 notwithstanding, or shall
 23 32 remain in the hospital subject to compliance by the hospital
 23 33 with sections 229.13 to 229.16, as the case may be, unless the
 23 34 supreme court orders otherwise.  If a respondent appeals to
 23 35 the supreme court regarding a placement order, the respondent
 24  1 shall remain in placement unless the supreme court orders
 24  2 otherwise.
 24  3    Sec. 38.  Section 229.21, subsection 3, Code 2001, is
 24  4 amended by adding the following new paragraph:
 24  5    NEW PARAGRAPH.  d.  Any respondent with respect to whom the
 24  6 magistrate or judicial hospitalization referee has held a
 24  7 placement hearing and has entered a placement order may appeal
 24  8 the order to a judge of the district court.  The request for
 24  9 appeal must be given to the clerk in writing within ten days
 24 10 of the entry of the magistrate's or referee's order.  The
 24 11 request for appeal shall be signed by the respondent, or the
 24 12 respondent's next friend, guardian, or attorney.
 24 13    Sec. 39.  Section 229.28, Code 2001, is amended to read as
 24 14 follows:
 24 15    229.28  HOSPITALIZATION IN CERTAIN FEDERAL FACILITIES.
 24 16    When a court finds that the contention that a respondent is
 24 17 seriously mentally impaired has been sustained or proposes to
 24 18 order continued hospitalization of any person, or an
 24 19 alternative placement, as described under section 229.14,
 24 20 subsection 2 or 4 1, paragraph "b" or "d", and the court is
 24 21 furnished evidence that the respondent or patient is eligible
 24 22 for care and treatment in a facility operated by the veterans
 24 23 administration or another agency of the United States
 24 24 government and that the facility is willing to receive the
 24 25 respondent or patient, the court may so order.  The respondent
 24 26 or patient, when so hospitalized or placed in a facility
 24 27 operated by the veterans administration or another agency of
 24 28 the United States government within or outside of this state,
 24 29 shall be subject to the rules of the veterans administration
 24 30 or other agency, but shall not thereby lose any procedural
 24 31 rights afforded the respondent or patient by this chapter.
 24 32 The chief officer of the facility shall have, with respect to
 24 33 the person so hospitalized or placed, the same powers and
 24 34 duties as the chief medical officer of a hospital in this
 24 35 state would have in regard to submission of reports to the
 25  1 court, retention of custody, transfer, convalescent leave or
 25  2 discharge.  Jurisdiction is retained in the court to maintain
 25  3 surveillance of the person's treatment and care, and at any
 25  4 time to inquire into that person's mental condition and the
 25  5 need for continued hospitalization or care and custody.
 25  6    Sec. 40.  CODIFICATION.  The Code editor shall transfer
 25  7 section 229.14A, Code 2001, as amended by this Act to section
 25  8 229.14B, and shall codify section 229.14B, as enacted by this
 25  9 Act, as section 229.14A.  
 25 10                           DIVISION VI
 25 11                       RELATED PROVISIONS
 25 12    Sec. 41.  Section 225.27, Code 2001, is amended to read as
 25 13 follows:
 25 14    225.27  DISCHARGE – TRANSFER.
 25 15    The state psychiatric hospital may, at any time, discharge
 25 16 any patient as recovered, as improved, or as not likely to be
 25 17 benefited by further treatment.  If the patient being so
 25 18 discharged was involuntarily hospitalized, the hospital shall
 25 19 notify the committing judge or court thereof of the discharge
 25 20 as required by section 229.14, subsection 3 or section 229.16,
 25 21 whichever is applicable.  Upon receiving the notification, the
 25 22 court shall issue an order confirming the patient's discharge
 25 23 from the hospital or from care and custody, as the case may
 25 24 be, and shall terminate the proceedings pursuant to which the
 25 25 order was issued.  The court or judge shall, if necessary,
 25 26 appoint some a person to accompany the discharged patient from
 25 27 the state psychiatric hospital to such place as the hospital
 25 28 or the court may designate, or authorize the hospital to
 25 29 appoint such attendant.
 25 30    Sec. 42.  Section 226.26, Code 2001, is amended to read as
 25 31 follows:
 25 32    226.26  DANGEROUS PATIENTS.
 25 33    The administrator, on the recommendation of the
 25 34 superintendent, and on the application of the relatives or
 25 35 friends of a patient who is not cured and who cannot be safely
 26  1 allowed to go at liberty, may release such the patient when
 26  2 fully satisfied that such the relatives or friends will
 26  3 provide and maintain all necessary supervision, care, and
 26  4 restraint over such the patient.  If the patient being so
 26  5 released was involuntarily hospitalized, the consent of the
 26  6 district court which ordered the patient's hospitalization
 26  7 placement shall be obtained in advance in substantially the
 26  8 manner prescribed by section 229.14, subsection 3.
 26  9    Sec. 43.  Section 226.33, Code 2001, is amended to read as
 26 10 follows:
 26 11    226.33  NOTICE TO COURT.
 26 12    When a patient who was hospitalized involuntarily and who
 26 13 has not fully recovered is discharged from the hospital by the
 26 14 administrator under section 226.32, notice of the order shall
 26 15 at once be sent to the court which ordered the patient's
 26 16 hospitalization, in the manner prescribed by section 229.14,
 26 17 subsection 4.
 26 18    Sec. 44.  Section 227.11, Code 2001, is amended to read as
 26 19 follows:
 26 20    227.11  TRANSFERS FROM STATE HOSPITALS.
 26 21    A county chargeable with the expense of a patient in a
 26 22 state hospital for persons with mental illness shall remove
 26 23 such transfer the patient to a county or private institution
 26 24 for persons with mental illness which has complied that is in
 26 25 compliance with the aforesaid applicable rules when the
 26 26 administrator of the division or the administrator's designee
 26 27 so orders the transfer on a finding that said the patient is
 26 28 suffering from chronic mental illness or from senility and
 26 29 will receive equal benefit by being so transferred.  A county
 26 30 shall remove transfer to its county care facility any patient
 26 31 in a state hospital for persons with mental illness upon
 26 32 request of the superintendent of the state hospital in which
 26 33 the patient is confined pursuant to the superintendent's
 26 34 authority under section 229.15, subsection 4, and approval by
 26 35 the board of supervisors of the county of the patient's
 27  1 residence.  In no case shall a patient be thus transferred
 27  2 except upon compliance with section 229.14, subsection 4,
 27  3 229.14B or without the written consent of a relative, friend,
 27  4 or guardian if such relative, friend, or guardian pays the
 27  5 expense of the care of such patient in a state hospital.
 27  6 Patients transferred to a public or private facility under
 27  7 this section may subsequently be placed on convalescent or
 27  8 limited leave or transferred to a different facility for
 27  9 continued full-time custody, care, and treatment when, in the
 27 10 opinion of the attending physician or the chief medical
 27 11 officer of the hospital from which the patient was so
 27 12 transferred, the best interest of the patient would be served
 27 13 by such leave or transfer.  However, if the patient was
 27 14 originally hospitalized involuntarily, the leave or transfer
 27 15 shall be made in compliance with section 229.15, subsection 4.
 27 16 For any patient who is involuntarily committed, any transfer
 27 17 made under this section is subject to the placement hearing
 27 18 requirements of section 229.14B.  
 27 19 
 27 20 
 27 21                                                             
 27 22                               BRENT SIEGRIST
 27 23                               Speaker of the House
 27 24 
 27 25 
 27 26                                                             
 27 27                               MARY E. KRAMER
 27 28                               President of the Senate
 27 29 
 27 30    I hereby certify that this bill originated in the House and
 27 31 is known as House File 727, Seventy-ninth General Assembly.
 27 32 
 27 33 
 27 34                                                             
 27 35                               MARGARET THOMSON
 28  1                               Chief Clerk of the House
 28  2 Approved                , 2001
 28  3 
 28  4 
 28  5                            
 28  6 THOMAS J. VILSACK
 28  7 Governor
     
Text: HF00726                           Text: HF00728
Text: HF00700 - HF00799                 Text: HF Index
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