Text: SF00176 Text: SF00178 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 APPROPRIATIONS 1 3 Section 1. ELDER AFFAIRS. There is appropriated from the 1 4 general fund of the state to the department of elder affairs 1 5 for the fiscal year beginning July 1, 2001, and ending June 1 6 30, 2002, the following amount, or so much thereof as is 1 7 necessary, to be used for the purposes designated, in addition 1 8 to other appropriations made to the department: 1 9 For enhancing detection of dependent adult abuse, providing 1 10 services for dependent adult abuse victims and for Iowans who 1 11 are residents of long-term care facilities, and providing for 1 12 other services administered by the department including 1 13 salaries, support, maintenance, and miscellaneous purposes: 1 14 .................................................. $ 317,800 1 15 1. Of the amount appropriated in this section, $217,800 is 1 16 allocated for enhancing detection of dependent adult abuse and 1 17 providing services for dependent adult abuse victims. 1 18 2. Of the amount appropriated in this section, $60,000 is 1 19 allocated for a long-term care resident's advocate position. 1 20 3. Of the amount appropriated in this section, $40,000 is 1 21 allocated for expansion of the retired senior volunteer 1 22 program. 1 23 Sec. 2. HUMAN SERVICES. There is appropriated from the 1 24 general fund of the state to the department of human services 1 25 for the fiscal year beginning July 1, 2001, and ending June 1 26 30, 2002, the following amounts, or so much thereof as is 1 27 necessary, to be used for the purposes designated, in addition 1 28 to other appropriations made to the department: 1 29 1. For field operations, to be used for additional social 1 30 workers and social worker supervisors in order to reduce or 1 31 prevent future occurrences of child abuse, including salaries, 1 32 support, maintenance, miscellaneous purposes, worker training, 1 33 and reduction of caseload per worker: 1 34 .................................................. $ 4,994,169 1 35 2. For child and family services: 2 1 a. To implement a quality assurance team for child 2 2 protection services, including salaries, support, maintenance, 2 3 and miscellaneous purposes: 2 4 .................................................. $ 335,867 2 5 b. To provide training to mandatory reporters of child 2 6 abuse and to provide consultation services with mandatory 2 7 reporters to improve the appropriate reporting of child abuse: 2 8 .................................................. $ 282,442 2 9 As necessary to carry out the purposes of this section, the 2 10 department may transfer amounts appropriated in this section 2 11 to other appropriations made to the department. 2 12 Sec. 3. PUBLIC HEALTH. There is appropriated from the 2 13 general fund of the state to the Iowa department of public 2 14 health for the fiscal year beginning July 1, 2001, and ending 2 15 June 30, 2002, the following amounts, or so much thereof as is 2 16 necessary, to be used for the purposes designated, in addition 2 17 to other appropriations made to the department: 2 18 1. For addictive disorders, to provide additional 2 19 substance abuse treatment services to reduce the occurrence of 2 20 substance abuse: 2 21 .................................................. $ 1,000,000 2 22 2. For child and adolescent wellness, to expand the 2 23 activities of the child death review team and ad hoc child 2 24 death review committees created in accordance with section 2 25 135.43: 2 26 .................................................. $ 91,152 2 27 Sec. 4. CORRECTIONS. 2 28 1. There is appropriated from the general fund of the 2 29 state to the department of corrections for the fiscal year 2 30 beginning July 1, 2001, and ending June 30, 2002, the 2 31 following amount, or so much thereof as is necessary, to be 2 32 used for the purpose designated, in addition to other 2 33 appropriations made to the department: 2 34 For community-based corrections, in addition to other 2 35 appropriations, to expand sex offender mandatory supervision: 3 1 .................................................. $ 503,628 3 2 2. The amount appropriated in subsection 1 is allocated as 3 3 follows: 3 4 a. To the first judicial district: 3 5 .................................................. $ 83,938 3 6 b. To the second judicial district: 3 7 .................................................. $ 83,938 3 8 c. To the third judicial district: 3 9 .................................................. $ 41,969 3 10 d. To the fourth judicial district: 3 11 .................................................. $ 41,969 3 12 e. To the fifth judicial district: 3 13 .................................................. $ 125,907 3 14 f. To the sixth judicial district: 3 15 .................................................. $ 41,969 3 16 g. To the seventh judicial district: 3 17 .................................................. $ 41,969 3 18 h. To the eighth judicial district: 3 19 .................................................. $ 41,969 3 20 Sec. 5. JUSTICE. There is appropriated from the general 3 21 fund of the state to the department of justice for the fiscal 3 22 year beginning July 1, 2001, and ending June 30, 2002, the 3 23 following amount, or so much thereof as is necessary, to be 3 24 used for the purpose designated, in addition to other 3 25 appropriations made to the department: 3 26 For victim assistance grants, in addition to other 3 27 appropriations made for this purpose, in order to continue 3 28 efforts in domestic abuse prevention: 3 29 .................................................. $ 75,000 3 30 DIVISION II 3 31 HEALTH COVERAGE COSTS – MENTAL HEALTH AND 3 32 SUBSTANCE ABUSE TREATMENT 3 33 Sec. 6. NEW SECTION. 514C.21 MENTAL HEALTH AND SUBSTANCE 3 34 ABUSE TREATMENT COVERAGE. 3 35 1. Notwithstanding the uniformity of treatment 4 1 requirements of section 514C.6, a group policy or contract 4 2 providing for third-party payment or prepayment of health or 4 3 medical expenses shall provide mental health and substance 4 4 abuse treatment coverage benefits and shall not impose 4 5 limitations on financial terms for coverage of services for 4 6 serious mental illnesses or substance abuse if similar 4 7 limitations are not imposed on the coverage benefits for 4 8 services for medical or surgical conditions. 4 9 2. For purposes of this section, unless the context 4 10 otherwise requires: 4 11 a. "Serious mental illness" means the following disorders, 4 12 as defined by the American psychiatric association's 4 13 diagnostic and statistical manual of mental disorders: 4 14 (1) Schizophrenia. 4 15 (2) Schizo-affective disorder. 4 16 (3) Bipolar disorder. 4 17 (4) Major depressive disorder. 4 18 (5) Obsessive-compulsive disorder. 4 19 (6) Autism. 4 20 (7) Pervasive developmental disorders. 4 21 (8) Anxiety disorders. 4 22 (9) Paranoia and other psychotic disorders. 4 23 (10) Eating disorders, including but not limited to 4 24 bulimia nervosa and anorexia nervosa. 4 25 b. "Substance abuse" means a pattern of pathological use 4 26 of alcohol or a drug that causes impairment in social or 4 27 occupational functioning, or that produces physiological 4 28 dependency evidenced by physical tolerance or by physical 4 29 symptoms when the alcohol or drug is withdrawn. 4 30 3. This section shall not apply to accident-only, specific 4 31 disease, short-term hospital or medical, hospital confinement 4 32 indemnity, credit, dental, vision, Medicare supplement, long- 4 33 term care, basic hospital and medical-surgical expense 4 34 coverage as defined by the commissioner, disability income 4 35 insurance coverage, coverage issued as a supplement to 5 1 liability insurance, workers' compensation or similar 5 2 insurance, automobile medical payment insurance, or individual 5 3 accident or sickness policies issued pursuant to chapter 513C. 5 4 4. A third-party payor may manage the benefits provided 5 5 through common methods including, but not limited to, 5 6 providing payment of benefits or providing care and treatment 5 7 under a capitated payment system, prospective reimbursement 5 8 rate system, utilization control system, incentive system for 5 9 the use of least restrictive and least costly levels of care, 5 10 a preferred provider contract limiting choice of specific 5 11 provider, or any other system, method, or organization 5 12 designed to ensure services are medically necessary and 5 13 clinically appropriate. 5 14 5. A group policy or contract covered under this section, 5 15 at a minimum, shall provide for thirty inpatient and sixty 5 16 outpatient days annually. The policy or contract may also 5 17 include deductibles, coinsurance, or copayments if such 5 18 deductibles, coinsurance, or copayments are applicable to 5 19 other medical or surgical services coverage under the policy 5 20 or contract. It is not a violation of this section if the 5 21 policy or contract excludes entirely from coverage benefits 5 22 the cost of providing the following: 5 23 a. Marital, family, educational, developmental, or 5 24 training services. 5 25 b. Care that is substantially custodial in nature. 5 26 c. Services and supplies that are not medically necessary 5 27 or clinically appropriate. 5 28 d. Experimental treatments. 5 29 6. The commissioner, by rule, shall increase the mental 5 30 health and substance abuse treatment lifetime limit in the 5 31 individual market guaranteed standard product to one hundred 5 32 thousand dollars. 5 33 7. A group policy is exempt from this section upon 5 34 submitting to the commissioner evidence demonstrating a 5 35 premium increase for the policy term in excess of three 6 1 percent as a result of the requirements of this section. 6 2 8. This section applies to third-party payment provider 6 3 contracts or policies delivered, issued for delivery, 6 4 continued, or renewed in this state on or after January 1, 6 5 2002. 6 6 9. This section is repealed effective July 1, 2004. 6 7 DIVISION III 6 8 CHILD PROTECTION AND DEPENDENT ADULT ABUSE STATUTORY CHANGES 6 9 Sec. 7. Section 232.2, subsection 6, Code 2001, is amended 6 10 by adding the following new paragraph: 6 11 NEW PARAGRAPH. p. Whose parent, guardian, or custodian 6 12 unlawfully manufactures a controlled substance, as defined in 6 13 section 124.101, in the presence of a child, or in the 6 14 presence of a child possesses a product containing ephedrine, 6 15 its salts, optical isomers, salts of optical isomers, or 6 16 pseudoephedrine, its salts, optical isomers, salts of optical 6 17 isomers, with the intent to use the product as a precursor to 6 18 an illegal substance or an intermediary to a controlled 6 19 substance. 6 20 For the purposes of this paragraph "p", "in the presence of 6 21 a child" means the physical presence of a child during the 6 22 manufacture or possession, the manufacture or possession 6 23 occurred in a child's home, or the manufacture or possession 6 24 occurred under other circumstances in which a reasonably 6 25 prudent person would know that the manufacture or possession 6 26 may be seen or heard by a child. 6 27 Sec. 8. Section 232.68, subsection 2, Code 2001, is 6 28 amended by adding the following new paragraph: 6 29 NEW PARAGRAPH. g. The person responsible for the care of 6 30 a child has exposed the child or has allowed the child to 6 31 participate in or to witness the manufacture of a controlled 6 32 substance as defined in section 124.101. 6 33 Sec. 9. Section 232.69, subsection 3, Code 2001, is 6 34 amended to read as follows: 6 35 3. A person required to make a report under subsection 1, 7 1 other than a physician whose professional practice does not 7 2 regularly involve providing primary health care to children, 7 3 shall complete two hours of training relating to the 7 4 identification and reporting of child abuse within six months 7 5 of initial employment or self-employment involving the 7 6 examination, attending, counseling, or treatment of children 7 7 on a regular basis. Within one month of initial employment or 7 8 self-employment, the person shall obtain a statement of the 7 9 abuse reporting requirements from the person's employer or, if 7 10 self-employed, from the department. The person shall complete 7 11 at least two hours of additional child abuse identification 7 12 and reporting training everyfivetwo years. If the person is 7 13 an employee of a hospital or similar institution, or of a 7 14 public or private institution, agency, or facility, the 7 15 employer shall be responsible for providing the child abuse 7 16 identification and reporting training. If the person is self- 7 17 employed, the person shall be responsible for obtaining the 7 18 child abuse identification and reporting training. The person 7 19 may complete the initial or additional training as part of a 7 20 continuing education program required under chapter 272C or 7 21 may complete the training as part of a training program 7 22 offered by the department of human services, the department of 7 23 education, an area education agency, a school district, the 7 24 Iowa law enforcement academy, or a similar public agency. 7 25 Sec. 10. Section 232.71B, subsection 11, paragraph b, Code 7 26 2001, is amended to read as follows: 7 27 b. The written assessment shall be completed within twenty 7 28 business days of the receipt of the report. However, if one 7 29 of these circumstances exist the department may delay 7 30 completion of the written assessment as follows: 7 31 (1) The county attorney requests the department not to 7 32 release information to the child's parent, guardian, or 7 33 custodian because the county attorney is considering filing 7 34 criminal charges against the child's parent, guardian, or 7 35 custodian. The department shall complete the written 8 1 assessment upon receiving notice from the county attorney that 8 2 charges will or will not be filed. 8 3 (2) Critical information needed to make a determination 8 4 regarding the safety of the child is not yet available. The 8 5 department shall complete the written assessment upon 8 6 obtaining the critical information. 8 7 Sec. 11. Section 235A.13, subsection 9, Code 2001, is 8 8 amended to read as follows: 8 9 9. "Near fatality" meansa bodily injury which involves8 10substantial risk of death, protracted and obvious8 11disfigurement, or protracted loss or impairment of the8 12function of a bodily member, organ, or mental faculty and8 13includes a serious bodily injury as described in section8 14702.18an act that, as certified by a physician, places a 8 15 child in serious or critical condition. 8 16 Sec. 12. Section 235A.24, Code 2001, is amended to read as 8 17 follows: 8 18 235A.24 ORDER FOR DISCLOSURE OF CHILD ABUSE INFORMATION. 8 19 A person whose request for child abuse information under 8 20 section 235A.15, subsection 9, is denied may apply to the 8 21 juvenile court for an order compelling disclosure of the 8 22 information. The application shall state in reasonable detail 8 23 the factors in support of the application. The juvenile court 8 24 shall have jurisdiction to issue the order. A hearing shall 8 25 be set immediately upon filing of an application under this 8 26 section and subsequent proceedings shall be accorded priority 8 27 by other courts. In any proceeding held under this section, 8 28 the child victim of the fatality or near fatality or a 8 29 guardian ad litem or other advocate for the child, the child's 8 30 sibling, and the child's parent, guardian, or custodian shall 8 31 be parties to and shall have the right to counsel in 8 32 connection with the proceeding. If that person desires but is 8 33 financially unable to retain counsel, the court shall appoint 8 34 counsel. After the court has reviewed the child abuse 8 35 information relating to the case in camera, unless the court 9 1 finds that a restriction listed in section 235A.15, subsection 9 2 9, is applicable, the court shall issue an order compelling 9 3 disclosure of the child abuse information. 9 4 Sec. 13. Section 235B.16, subsection 5, unnumbered 9 5 paragraph 1, Code 2001, is amended to read as follows: 9 6 A person required to report cases of dependent adult abuse 9 7 pursuant to section 235B.3, other than a physician whose 9 8 professional practice does not regularly involve providing 9 9 primary health care to adults, shall complete two hours of 9 10 training relating to the identification and reporting of 9 11 dependent adult abuse within six months of initial employment 9 12 or self-employment which involves the examination, attending, 9 13 counseling, or treatment of adults on a regular basis. Within 9 14 one month of initial employment or self-employment, the person 9 15 shall obtain a statement of the abuse reporting requirements 9 16 from the person's employer or, if self-employed, from the 9 17 department. The person shall complete at least two hours of 9 18 additional dependent adult abuse identification and reporting 9 19 training everyfivetwo years. 9 20 DIVISION IV 9 21 OTHER STATUTORY CHANGES 9 22 Sec. 14. Section 708.1, subsection 2, Code 2001, is 9 23 amended to read as follows: 9 24 2. Any act which is intended to place another in fear of 9 25immediateimminent physical contact which will be painful, 9 26 injurious, insulting, or offensive, coupled with the apparent 9 27 ability to execute the act. 9 28 EXPLANATION 9 29 This bill relates to prevention of and response to abuse 9 30 involving dependent adult abuse, child abuse, substance abuse, 9 31 sexual offenders, victim services, and third-party payment of 9 32 health coverage costs for mental health and substance abuse 9 33 treatment and makes appropriations. 9 34 Division I of the bill makes appropriations to the 9 35 departments of elder affairs, human services, public health, 10 1 corrections, and justice for fiscal year 2001-2002 for abuse 10 2 prevention and response programs and purposes. 10 3 Division II of the bill creates new Code section 514C.21 10 4 and provides that a group policy or contract providing for 10 5 third-party payment or prepayment of health or medical 10 6 expenses shall provide coverage benefits for treatment of a 10 7 serious mental illness and substance abuse. The bill 10 8 prohibits a group policy or contract from imposing limitations 10 9 on the financial terms for coverage of services for serious 10 10 mental illnesses or substance abuse if similar limitations are 10 11 not imposed on the coverage benefits for services for medical 10 12 or surgical conditions. 10 13 Division II of the bill defines "serious mental illness" as 10 14 schizophrenia, schizo-affective disorder, bipolar disorder, 10 15 major depressive disorder, obsessive-compulsive disorder, 10 16 autism, pervasive developmental disorders, anxiety disorders, 10 17 paranoia and other psychotic disorders, and eating disorders, 10 18 including, but not limited to, bulimia nervosa and anorexia 10 19 nervosa. The bill defines "substance abuse" as a pattern of 10 20 pathological use of alcohol or a drug that causes impairment 10 21 in social or occupational functioning, or that produces 10 22 physiological dependency evidenced by physical tolerance or by 10 23 physical symptoms when the alcohol or drug is withdrawn. 10 24 Division II of the bill requires that a third-party payor 10 25 may manage the benefits provided through common methods 10 26 including, but not limited to, providing payment of benefits 10 27 or providing care and treatment under a capitated payment 10 28 system, prospective reimbursement rate system, utilization 10 29 control system, incentive system for the use of least 10 30 restrictive and least costly levels of care, a preferred 10 31 provider contract limiting choice of specific provider, or any 10 32 other system, method, or organization designed to ensure 10 33 services are medically necessary and clinically appropriate. 10 34 Division II of the bill requires the commissioner, by rule, 10 35 to increase the mental health and substance abuse lifetime 11 1 limit in the individual market guaranteed standard product to 11 2 $100,000. 11 3 Division II of the bill provides that a group policy is 11 4 exempt from the requirements of the new Code section upon 11 5 submitting to the commissioner evidence demonstrating a 11 6 premium increase for the policy term in excess of 3 percent as 11 7 a result of the requirements of the new Code section. 11 8 Division II of the bill provides that the new Code section 11 9 applies to third-party payment provider contracts or policies 11 10 delivered, issued for delivery, continued, or renewed in this 11 11 state on or after January 1, 2002. The new Code section is 11 12 repealed effective July 1, 2004. 11 13 Division III of the bill amends child protection provisions 11 14 in the juvenile justice code and in the child abuse registry 11 15 Code chapter. 11 16 Code section 232.2, relating to the definition of child in 11 17 need of assistance, is amended. Under the bill, the 11 18 definition would include an unmarried child in whose presence 11 19 the parent, guardian, or custodian: unlawfully manufactures a 11 20 controlled substance as defined in the controlled substances 11 21 chapter, or possesses ephedrine, pseudoephedrine, or chemical 11 22 derivatives of those substances with the intent to use the 11 23 substances as a precursor to an illegal substance or 11 24 intermediary to a controlled substance. The term "in the 11 25 presence of a child" is defined to include manufacture or 11 26 possession occurring in the physical presence of a child, in 11 27 the home of a child, or under circumstances in which a 11 28 reasonably prudent person would know that the manufacture or 11 29 possession may be heard or seen by a child. 11 30 Code section 232.68, relating to child abuse definitions, 11 31 is amended. The bill includes in the definition of child 11 32 abuse, circumstances in which a person responsible for the 11 33 care of the child has exposed the child to or allowed the 11 34 child to participate in or witness the manufacture of a 11 35 controlled substance. 12 1 Code section 232.69, relating to mandatory reporters of 12 2 child abuse, is amended to change the frequency of training 12 3 required for mandatory reports from every five years to every 12 4 two years. 12 5 Under Code section 232.71B, the department of human 12 6 services is required to complete within 20 business days a 12 7 written child abuse assessment in response to a report of 12 8 child abuse. The bill allows this time period to be extended 12 9 if the county attorney requests withholding of information 12 10 because the county attorney is considering filing charges 12 11 against the child's parent, guardian, or custodian, or if 12 12 critical information needed to make a determination regarding 12 13 the child's safety is not available. 12 14 The bill amends the definition of "near fatality" used in 12 15 Code section 235A.13 regarding the public disclosure of 12 16 information to the governor and the public in cases of child 12 17 fatality or near fatality. The new language matches a 12 18 definition in federal law in 42 U.S.C. } 5106a(b)(4). 12 19 The bill also amends Code section 235A.24 by providing that 12 20 in legal proceedings regarding the public disclosure of 12 21 information in cases of a child fatality or near fatality, the 12 22 child victim or guardian ad litem or another advocate for that 12 23 child, siblings of the victim, and the child's parent, 12 24 guardian, or custodian are parties to the proceedings and have 12 25 the right to counsel. If the person is financially unable to 12 26 employ counsel, the court is required to appoint counsel. 12 27 The bill amends Code section 235B.16, relating to dependent 12 28 adult abuse, to change the frequency of training required for 12 29 mandatory reporters of such abuse from every five years to 12 30 every two years. 12 31 Division IV of the bill amends the definition of assault 12 32 contained in Code section 708.1 by changing the phrase "place 12 33 another in fear of immediate physical contact" to "place 12 34 another in fear of imminent physical contact". 12 35 LSB 1546XS 79 13 1 jp/cf/24.2
Text: SF00176 Text: SF00178 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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