Text: HF02429 Text: HF02431 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2430 1 2 1 3 AN ACT 1 4 PROVIDING FOR THE MENTAL HEALTH AND DEVELOPMENTAL 1 5 DISABILITIES COMMISSION TO ASSUME THE DUTIES OF THE STATE- 1 6 COUNTY MANAGEMENT COMMITTEE AND PROVIDING NEW RULEMAKING 1 7 AUTHORITY ASSOCIATED WITH THOSE DUTIES AND INCLUDING AN 1 8 APPLICABILITY PROVISION. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 225C.5, subsection 1, Code 2001, is 1 13 amended to read as follows: 1 14 1. A mental health and developmental disabilities 1 15 commission is created as the state policy-making body for the 1 16 provision of services to persons with mental illness, mental 1 17 retardation or other developmental disabilities, or brain 1 18 injury. The commission shall consist offifteensixteen 1 19 voting members appointed to three-year staggered terms by the 1 20 governor and subject to confirmation by the senate. 1 21 Commission members shall be appointed on the basis of interest 1 22 and experience in the fields of mental health, mental 1 23 retardation or other developmental disabilities, and brain 1 24 injury, in a mannerso that, if possible, the composition of1 25the commission will comply with the requirements of the1 26Community Mental Health Centers Amendments of 1975, 42 U.S.C.1 27} 2689t(a) (1976) relative to a state mental health advisory1 28council, andso as to ensure adequate representation from 1 29 persons with disabilities and individuals knowledgeable 1 30 concerning disability services. The department shall provide 1 31 staff support to the commission, and the commission may 1 32 utilize staff support and other assistance provided to the 1 33 commission by other persons. The commission shall meet at 1 34 least four times per year. Members of the commission shall 1 35 include the following persons who, at the time of appointment 2 1 to the commission, are active members of the indicated groups: 2 2 a.FourThree members shall be members of a county board 2 3 of supervisors selected from nominees submitted by the county 2 4 supervisor affiliate of the Iowa state association of 2 5 counties. 2 6 b. Two members shall bemembers of a mental health and2 7developmental disabilities regional planning councilselected 2 8 from nominees submitted by the director. 2 9 c. One member shall beeitheran active board member of a 2 10 community mental health centeror of a statewide association2 11of persons with mental illness or of family members of persons2 12with mental illness. 2 13 d. One member shall be either an active board member of an 2 14 agency serving persons withmental retardation or of a2 15statewide association for persons with mental retardationa 2 16 developmental disability selected from nominees submitted by 2 17 the Iowa association of community providers. 2 18 e. One member shall bean active member of a statewide2 19organization for persons witha board member or employee of a 2 20 provider of mental health or developmental disabilitiesother2 21than mental retardationservices to children. 2 22f. One member shall be an active member of a statewide2 23organization for persons with brain injury.2 24 f. Two members shall be administrators of the single entry 2 25 point process established in accordance with section 331.440 2 26 selected from nominees submitted by the community services 2 27 affiliate of the Iowa state association of counties. 2 28 g. One member shall be selected from nominees submitted by 2 29 the state's council of the association of federal, state, 2 30 county, and municipal employees. 2 31 h. Three members shall be service consumers or family 2 32 members of service consumers. Of these members, one shall be 2 33 a service consumer, one shall be a parent of a child service 2 34 consumer, and one shall be a parent or other family member of 2 35 a person admitted to and living at a state resource center. 3 1 i. Two members shall be selected from nominees submitted 3 2 by service advocates. Of these members, one shall be an 3 3 active member of a statewide organization for persons with 3 4 brain injury. 3 5 j. In addition to the voting members, the membership shall 3 6 include four members of the general assembly with one member 3 7 designated by each of the following: the majority leader of 3 8 the senate, the minority leader of the senate, the speaker of 3 9 the house of representatives, and the minority leader of the 3 10 house of representatives. A legislative member serves in an 3 11 ex officio, nonvoting capacity and is eligible for per diem 3 12 and expenses as provided in section 2.10. 3 13 Sec. 2. Section 225C.6, subsection 1, Code Supplement 3 14 2001, is amended by adding the following new paragraph: 3 15 NEW PARAGRAPH. q. Perform analyses and other functions 3 16 associated with a redesign of the mental health and 3 17 developmental disability services systems for adults and for 3 18 children. 3 19 Sec. 3. Section 225C.6, Code Supplement 2001, is amended 3 20 by adding the following new subsection: 3 21 NEW SUBSECTION. 3. If the executive branch creates a 3 22 committee, task force, council, or other advisory body to 3 23 consider mental health and developmental disabilities policy, 3 24 services, or program options involving children or adult 3 25 consumers, the commission is designated to receive and 3 26 consider any report, findings, recommendations, or other work 3 27 product issued by such body. The commission may address the 3 28 report, findings, recommendations, or other work product in 3 29 fulfilling the commission's functions and to advise the 3 30 department, council on human services, governor, and general 3 31 assembly concerning disability services. 3 32 Sec. 4. Section 229.24, subsection 3, unnumbered paragraph 3 33 1, Code 2001, is amended to read as follows: 3 34 If all or part of the costs associated with hospitalization 3 35 of an individual under this chapter are chargeable to a county 4 1 of legal settlement, the clerk of the district court shall 4 2 provide to the county of legal settlement and to the county in 4 3 which the hospitalization order is entered, in a form 4 4 prescribed by thecouncil on human services pursuant to a4 5recommendation of the state-county management committee4 6established in section 331.438mental health and developmental 4 7 disabilities commission, the following information pertaining 4 8 to the individual which would be confidential under subsection 4 9 1: 4 10 Sec. 5. Section 249A.12, subsection 5, paragraph a, 4 11 unnumbered paragraph 1, Code Supplement 2001, is amended to 4 12 read as follows: 4 13 Thestate-county management committeemental health and 4 14 developmental disabilities commission shall recommend to the 4 15 department the actions necessary to assist in the transition 4 16 of individuals being served in an intermediate care facility 4 17 for persons with mental retardation, who are appropriate for 4 18 the transition, to services funded under a medical assistance 4 19 waiver for home and community-based services for persons with 4 20 mental retardation in a manner which maximizes the use of 4 21 existing public and private facilities. The actions may 4 22 include but are not limited to submitting any of the following 4 23 or a combination of any of the following as a request for a 4 24 revision of the medical assistance waiver for home and 4 25 community-based services for persons with mental retardation 4 26 in effect as of June 30, 1996: 4 27 Sec. 6. Section 249A.12, subsection 5, paragraph b, 4 28 unnumbered paragraph 1, Code Supplement 2001, is amended to 4 29 read as follows: 4 30 In implementing the provisions of this subsection, the 4 31state-county management committeemental health and 4 32 developmental disabilities commission shall consult with other 4 33 states. The waiver revision request or other action necessary 4 34 to assist in the transition of service provision from 4 35 intermediate care facilities for persons with mental 5 1 retardation to alternative programs shall be implemented by 5 2 the department in a manner that can appropriately meet the 5 3 needs of individuals at an overall lower cost to counties, the 5 4 federal government, and the state. In addition, the 5 5 department shall take into consideration significant federal 5 6 changes to the medical assistance program in formulating the 5 7 department's actions under this subsection. The department 5 8 shall consult with thestate-county management committee5 9 mental health and developmental disabilities commission in 5 10 adopting rules for oversight of facilities converted pursuant 5 11 to this subsection. A transition approach described in 5 12 paragraph "a" may be modified as necessary to obtain federal 5 13 waiver approval.The department shall report on or before5 14January 2, 1997, to the general assembly regarding its actions5 15under this subsection and any federal response, and shall5 16submit an update upon receiving a federal response to the5 17waiver request or other action taken which requires a federal5 18response. If implementation of any of the provisions of this5 19subsection does not require a federal waiver, the department5 20shall implement the provisions in the fiscal year beginning5 21July 1, 1996.5 22 Sec. 7. Section 331.424A, subsection 1, Code Supplement 5 23 2001, is amended to read as follows: 5 24 1. For the purposes of this chapter, unless the context 5 25 otherwise requires, "services fund" means the county mental 5 26 health, mental retardation, and developmental disabilities 5 27 services fund created in subsection 2. The county finance 5 28 committee created in section 333A.2 shall consult with the 5 29state-county management committeemental health and 5 30 developmental disabilities commission in adopting rules and 5 31 prescribing forms for administering the services fund. 5 32 Sec. 8. Section 331.438, subsection 1, paragraph c, Code 5 33 Supplement 2001, is amended to read as follows: 5 34 c. "Qualified mental health, mental retardation, and 5 35 developmental disabilities services" means the services 6 1 specified on forms issued by the county finance committee 6 2 following consultation with thestate-county management6 3committeemental health and developmental disabilities 6 4 commission. 6 5 Sec. 9. Section 331.438, subsection 4, paragraph a, Code 6 6 Supplement 2001, is amended to read as follows: 6 7 a.AThe mental health and developmental disabilities 6 8 commission shallstate-county management committee is created6 9in the department of human services tomake recommendations 6 10 and take actions for joint state and county planning, 6 11 implementing, and funding of mental health, mental 6 12 retardation, and developmental disabilities services, 6 13 including but not limited to developing and implementing 6 14 fiscal and accountability controls, establishing management 6 15 plans, and ensuring that eligible persons have access to 6 16 appropriate and cost-effective services. 6 17 Sec. 10. Section 331.438, subsection 4, paragraph b, Code 6 18 Supplement 2001, is amended by striking the paragraph. 6 19 Sec. 11. Section 331.438, subsection 4, paragraph c, Code 6 20 Supplement 2001, is amended to read as follows: 6 21 c. Themanagement committeemental health and 6 22 developmental disabilities commission shall do all of the 6 23 following: 6 24 (1) Identify characteristics of the service system, 6 25 including amounts expended, equity of funding among counties, 6 26 funding sources, provider types, service availability, and 6 27 equity of service availability among counties and among 6 28 persons served. 6 29 (2) Assess the accuracy and uniformity of recordkeeping 6 30 and reporting in the service system. 6 31 (3) Identify for each county the factors associated with 6 32 inflationary growth of the service system. 6 33 (4) Identify opportunities for containing service system 6 34 growth. 6 35 (5)Make recommendationsConsider proposals for revising 7 1 service system administrative rules. 7 2 (6) Consider provisions and adopt rules for counties to 7 3 implement a single point of accountability to plan, budget, 7 4 and monitor county expenditures for the service system. The 7 5 provisions shall provide options for counties to implement the 7 6 single point in collaboration with other counties. 7 7 (7) Develop criteria for annual county mental health, 7 8 mental retardation, and developmental disabilities plans. 7 9 (8)Make recommendations to the council on human services7 10forAdopt administrative rules identifying qualified mental 7 11 health, mental retardation, and developmental disabilities 7 12 service expenditures for purposes of state payment pursuant to 7 13 subsection 1. 7 14 (9)Make recommendations to the council on human services7 15for administrativeAdopt rules for the county single entry 7 16 point and clinical assessment processes required under section 7 17 331.440 and other rules necessary for the implementation of 7 18 county management plans and expenditure reports required for 7 19 state payment pursuant to section 331.439. 7 20 (10)MakeConsider recommendations to improve the programs 7 21 and cost effectiveness of state and county contracting 7 22 processes and procedures, including strategies for 7 23 negotiations relating to managed care. The recommendations 7 24developedimplemented by the commission for the state and 7 25 county regarding managed care shall include but are not 7 26 limited to standards for limiting excess costs and profits, 7 27 and for restricting cost shifting under a managed care system. 7 28 (11) Provide input, when appropriate, to the director of 7 29 human services in any decision involving administrative rules 7 30 which wereinitially recommendedadopted by themanagement7 31committeedepartment of human services pertaining to the 7 32 mental illness, mental retardation, and developmental 7 33 disabilities services administered by counties. 7 34 (12) Identify the fiscal impact of existing or proposed 7 35 legislation and administrative rules on state and county 8 1 expenditures. 8 2(13) No later than January 1, annually, submit a report to8 3the governor, the general assembly, and the department of8 4human services concerning the management committee's8 5activities and findings.8 6(14) On or before December 1, 1994, submit to the governor8 7and general assembly a methodology for the state and counties8 8to move toward the goal of an equal partnership in the funding8 9of mental health, mental retardation, and developmental8 10disabilities services. The committee consideration of8 11methodology options shall include an expenditure per consumer8 12basis.8 13(15) Make recommendations to the mental health and8 14developmental disabilities commission for8 15 (13) Adopt administrative rules providing statewide 8 16 standards and a monitoring methodology to determine whether 8 17 cost-effective individualized services are available as 8 18 required pursuant to section 331.439, subsection 1, paragraph 8 19 "b". 8 20(16)(14)MakeConsider recommendationsto the mental8 21health and developmental disabilities commissionfor and adopt 8 22 administrative rules establishing statewide minimum standards 8 23 for services and other support required to be available to 8 24 persons covered by a county management plan under section 8 25 331.439. 8 26(17)(15)MakeConsider recommendationsto the mental8 27health and developmental disabilities commission and counties8 28 for measuring and improving the quality of state and county 8 29 mental health, mental retardation, and developmental 8 30 disabilities services and other support. 8 31 Sec. 12. Section 331.439, subsection 1, unnumbered 8 32 paragraph 1, Code 2001, is amended to read as follows: 8 33 The state payment to eligible counties under this section 8 34 shall be made as provided in sections 331.438 and 426B.2. A 8 35 county is eligible for the state payment, as defined in 9 1 section 331.438, for the fiscal year beginning July 1, 1996, 9 2 and for subsequent fiscal years if the director of human 9 3 services, in consultation with thestate-county management9 4committeemental health and developmental disabilities 9 5 commission, determines for a specific fiscal year that all of 9 6 the following conditions are met: 9 7 Sec. 13. Section 331.439, subsection 1, paragraph b, 9 8 unnumbered paragraph 1, Code 2001, is amended to read as 9 9 follows: 9 10 The county developed and implemented a county management 9 11 plan for the county's mental health, mental retardation, and 9 12 developmental disabilities services in accordance with the 9 13 provisions of this paragraph "b". The plan shall comply with 9 14 the administrative rules adopted for this purpose by the 9 15council on human servicesmental health and developmental 9 16 disabilities commission and is subject to the approval of the 9 17 director of human services in consultation with thestate-9 18county management committee created in section 331.4389 19 commission. The plan shall include a description of the 9 20 county's service management provision for mental health, 9 21 mental retardation, and developmental disabilities services. 9 22 For mental retardation and developmental disabilities service 9 23 management, the plan shall describe the county's development 9 24 and implementation of a managed system of cost-effective 9 25 individualized services and shall comply with the provisions 9 26 of paragraph "d". The goal of this part of the plan shall be 9 27 to assist the individuals served to be as independent, 9 28 productive, and integrated into the community as possible. 9 29 The service management provisions for mental health shall 9 30 comply with the provisions of paragraph "c". A county is 9 31 subject to all of the following provisions in regard to the 9 32 county's management plan and planning process: 9 33 Sec. 14. Section 331.439, subsection 1, paragraph b, 9 34 subparagraph (1), Code 2001, is amended to read as follows: 9 35 (1) The county shall have in effect an approved policies 10 1 and procedures manual for the county's services fund. The 10 2 county management plan shall be defined in the manual. The 10 3 manual submitted by the county as part of the county's 10 4 management plan for the fiscal year beginning July 1, 2000, as 10 5 approved by the director of human services, shall remain in 10 6 effect, subject to amendment. An amendment to the manual 10 7 shall be submitted to the department of human services at 10 8 least forty-five days prior to the date of implementation. 10 9 Prior to implementation of any amendment to the manual, the 10 10 amendment must be approved by the director of human services 10 11 in consultation with thestate-county management committee10 12 mental health and developmental disabilities commission. 10 13 Sec. 15. Section 331.439, subsection 1, paragraph c, 10 14 subparagraph (2), unnumbered paragraph 1, Code 2001, is 10 15 amended to read as follows: 10 16The basis for determining whether aA managed care system 10 17 for mental health proposed by a countyis comparable to a10 18mental health managed care contractor approved by the10 19department of human servicesshall include but is not limited 10 20 to all of the following elements which shall be specified in 10 21 administrative rules adopted by thecouncil on human services10 22in consultation with the state-county management committee10 23 mental health and developmental disabilities commission: 10 24 Sec. 16. Section 331.439, subsection 1, paragraph d, Code 10 25 2001, is amended to read as follows: 10 26 d. For mental retardation and developmental disabilities 10 27 services management, the county must either develop and 10 28 implement a managed system of care which addresses a full 10 29 array of appropriate services and cost-effective delivery of 10 30 services or contract with a state-approved managed care 10 31 contractor or contractors. Any system or contract implemented 10 32 under this paragraph shall incorporate a single entry point 10 33 and clinical assessment process developed in accordance with 10 34 the provisions of section 331.440. The elements of the county 10 35 managed system of careand the state-approved managed care11 1contract or contractsshall be specified in rules developed by 11 2 the department of human services in consultation withthe11 3state-county management committeeand adopted by thecouncil11 4on human servicesmental health and developmental disabilities 11 5 commission. 11 6 Sec. 17. Section 331.439, subsection 3, paragraph b, Code 11 7 2001, is amended to read as follows: 11 8 b. Based upon information contained in county management 11 9 plans and budgets and proposals made by representatives of 11 10 counties, thestate-county management committeemental health 11 11 and developmental disabilities commission shall recommend an 11 12 allowed growth factor adjustment to the governor by November 11 13 15 for the fiscal year which commences two years from the 11 14 beginning date of the fiscal year in progress at the time the 11 15 recommendation is made. The allowed growth factor adjustment 11 16 shall address costs associated with new consumers of service, 11 17 service cost inflation, and investments for economy and 11 18 efficiency. In developing the service cost inflation 11 19 recommendation, thecommitteecommission shall consider the 11 20 cost trends indicated by the gross expenditure amount reported 11 21 in the expenditure reports submitted by counties pursuant to 11 22 subsection 1, paragraph "a". The governor shall consider the 11 23committee'scommission's recommendation in developing the 11 24 governor's recommendation for an allowed growth factor 11 25 adjustment for such fiscal year. The governor's 11 26 recommendation shall be submitted at the time the governor's 11 27 proposed budget for the succeeding fiscal year is submitted in 11 28 accordance with chapter 8. 11 29 Sec. 18. Section 331.440, subsection 4, Code 2001, is 11 30 amended to read as follows: 11 31 4. Thecouncil on human servicesmental health and 11 32 developmental disabilities commission shall consider the 11 33 recommendations ofthe state-county management committee11 34established in section 331.438county representatives in 11 35 adopting rules outlining standards and requirements for 12 1 implementation of the single entry point and clinical 12 2 assessment processes on the date required by subsection 2. 12 3 The rules shall permit counties options in implementing the 12 4 process based upon a county's consumer population and 12 5 available service delivery system. 12 6 Sec. 19. Section 426B.4, Code 2001, is amended to read as 12 7 follows: 12 8 426B.4 RULES. 12 9 Thecouncil on human servicesmental health and 12 10 developmental disabilities commission shall consult withthe12 11state-county management committee created in section 331.43812 12 county representatives and the director of human services in 12 13 prescribing forms and adopting rules pursuant to chapter 17A 12 14 to administer this chapter. 12 15 Sec. 20. Section 426B.5, subsection 2, paragraph c, Code 12 16 Supplement 2001, is amended to read as follows: 12 17 c. A risk pool board is created. The board shall consist 12 18 of two county supervisors, two county auditors, a member of 12 19 thestate-county management committee created in section12 20331.438mental health and developmental disabilities 12 21 commission whowas not appointed by the Iowa state association12 22of countiesis not a member of a county board of supervisors, 12 23 a member of the county finance committee created in chapter 12 24 333A who is not an elected official, a representative of a 12 25 provider of mental health or developmental disabilities 12 26 services selected from nominees submitted by the Iowa 12 27 association of community providers, and two single entry point 12 28 process administrators, all appointed by the governor, and one 12 29 member appointed by the director of human services. All 12 30 members appointed by the governor shall be subject to 12 31 confirmation by the senate. Members shall serve for three- 12 32 year terms. A vacancy shall be filled in the same manner as 12 33 the original appointment. Expenses and other costs of the 12 34 risk pool board members representing counties shall be paid by 12 35 the county of origin. Expenses and other costs of risk pool 13 1 board members who do not represent counties shall be paid from 13 2 a source determined by the governor. Staff assistance to the 13 3 board shall be provided by the department of human services 13 4 and counties. Actuarial expenses and other direct 13 5 administrative costs shall be charged to the pool. 13 6 Sec. 21. CODE EDITOR DIRECTIVE. The Code editor shall 13 7 amend the headnote to section 331.438 to remove the reference 13 8 to "management committee" and instead reference the mental 13 9 health and developmental disabilities commission or utilize 13 10 other language as determined to be most appropriate by the 13 11 Code editor. 13 12 Sec. 22. ADOPTED RULES. Notwithstanding the transfer in 13 13 this Act of the authority to adopt rules from the council on 13 14 human services to the mental health and developmental 13 15 disabilities commission, a rule adopted by the council on 13 16 human services prior to July 1, 2002, shall remain in effect 13 17 unless amended or repealed by the commission or pursuant to 13 18 other executive or legislative branch action. 13 19 Sec. 23. COMMISSION TRANSITION. Effective November 1, 13 20 2002, the terms of all voting members of the mental health and 13 21 developmental disabilities commission shall terminate. The 13 22 governor shall appoint voting members to the mental health and 13 23 developmental disabilities commission for terms commencing 13 24 November 1, 2002, to reflect the requirements of section 13 25 225C.5, as amended by this Act, including but not limited to 13 26 the requirement for staggered terms. 13 27 Sec. 24. RESIDENT ADVOCATE COMMITTEES REPORT. The 13 28 mental health and developmental disabilities commission in 13 29 consultation with the state long-term care resident's advocate 13 30 and the governor's developmental disabilities council shall 13 31 submit a report to the general assembly by January 1, 2003, 13 32 regarding the continuation of resident advocate committees for 13 33 residential care facilities licensed to serve persons with 13 34 mental illness or mental retardation. 13 35 Sec. 25. APPLICABILITY. The requirements of section 14 1 225C.6, subsection 3, as enacted by this Act, apply to the 14 2 findings, report, recommendations, or other work product 14 3 issued by a committee, task force, council, or other advisory 14 4 body created prior to July 1, 2002. 14 5 14 6 14 7 14 8 BRENT SIEGRIST 14 9 Speaker of the House 14 10 14 11 14 12 14 13 MARY E. KRAMER 14 14 President of the Senate 14 15 14 16 I hereby certify that this bill originated in the House and 14 17 is known as House File 2430, Seventy-ninth General Assembly. 14 18 14 19 14 20 14 21 MARGARET THOMSON 14 22 Chief Clerk of the House 14 23 Approved , 2002 14 24 14 25 14 26 14 27 THOMAS J. VILSACK 14 28 Governor
Text: HF02429 Text: HF02431 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 20 03:31:07 CDT 2002
URL: /DOCS/GA/79GA/Legislation/HF/02400/HF02430/020417.html
jhf