House
Study
Bill
160
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MILLER)
A
BILL
FOR
An
Act
relating
to
interstate
contracts
for
substance
abuse
and
1
mental
health
care
and
treatment.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2092YC
(4)
86
rh/rj
H.F.
_____
Section
1.
NEW
SECTION
.
331.910
Interstate
contracts
for
1
mental
health
and
substance-related
disorder
treatment.
2
1.
Purpose.
The
purpose
of
this
section
is
to
enable
3
appropriate
care
and
treatment
to
be
provided
to
a
person
4
with
a
substance-related
disorder
or
a
mental
illness,
across
5
state
lines
from
the
person’s
state
of
residence,
in
qualified
6
hospitals,
centers,
and
facilities
that
are
closer
to
the
7
person’s
home
than
are
hospitals,
centers,
and
facilities
8
available
in
the
person’s
home
state.
9
2.
Definitions.
For
the
purposes
of
this
section:
10
a.
“Bordering
state”
means
Illinois,
Minnesota,
Missouri,
11
Nebraska,
South
Dakota,
or
Wisconsin.
12
b.
“County”
mean
a
county
that
has
been
exempted
by
the
13
director
of
the
department
of
human
services
from
being
14
required
to
be
part
of
a
region.
15
c.
“Receiving
agency”
means
a
public
or
private
hospital,
16
mental
health
center,
substance
abuse
treatment
and
17
rehabilitation
facility,
or
detoxification
center,
which
18
provides
substance
abuse
or
mental
health
care
and
treatment
to
19
a
person
from
a
state
other
than
the
state
in
which
a
hospital,
20
center,
or
facility
is
located.
21
d.
“Receiving
state”
means
the
state
in
which
a
receiving
22
agency
is
located.
23
e.
“Region”
means
a
mental
health
and
disability
services
24
region
formed
in
accordance
with
section
331.389.
25
f.
“Sending
agency”
means
a
state
or
county
agency
located
26
in
a
state
which
sends
a
person
to
a
bordering
state
for
27
substance
abuse
or
mental
health
care
and
treatment
under
this
28
section.
29
g.
“Sending
state”
means
the
state
in
which
a
sending
agency
30
is
located.
31
3.
Voluntary
commitments.
32
a.
A
region
or
county
may
contract
with
a
receiving
agency
33
in
a
bordering
state
to
secure
substance
abuse
or
mental
health
34
care
and
treatment
under
this
subsection
for
persons
who
35
-1-
LSB
2092YC
(4)
86
rh/rj
1/
6
H.F.
_____
receive
substance
abuse
or
mental
health
care
and
treatment
1
pursuant
to
section
125.33
or
229.2
through
a
region
or
county.
2
b.
This
subsection
shall
not
apply
to
a
person
who
is
any
3
of
the
following:
4
(1)
Serving
a
criminal
sentence.
5
(2)
On
probation
or
parole.
6
(3)
The
subject
of
a
presentence
investigation.
7
c.
A
region
or
county
may
contract
with
a
sending
agency
8
in
a
bordering
state
to
provide
care
and
treatment
under
this
9
subsection
for
residents
of
the
bordering
state
in
approved
10
substance
abuse
and
mental
health
care
and
treatment
hospitals,
11
centers,
and
facilities
in
this
state,
except
that
care
and
12
treatment
shall
not
be
provided
for
residents
of
the
bordering
13
state
who
are
involved
in
criminal
proceedings
substantially
14
similar
to
the
involvement
described
in
paragraph
“b”
.
15
4.
Involuntary
commitments.
16
a.
A
person
who
is
detained,
committed,
or
placed
on
an
17
involuntary
basis
under
section
125.75
or
229.6
may
be
confined
18
and
treated
in
another
state
pursuant
to
a
contract
under
this
19
section.
20
b.
A
person
who
is
detained,
committed,
or
placed
on
21
an
involuntary
basis
under
the
civil
commitment
laws
of
a
22
bordering
state
substantially
similar
to
section
125.75
or
23
229.6
may
be
confined
and
treated
in
this
state
pursuant
to
a
24
contract
under
this
section.
25
c.
A
law
enforcement
officer
acting
under
the
authority
of
a
26
sending
state
may
transport
a
person
to
a
receiving
agency
that
27
provides
substance
abuse
or
mental
health
care
and
treatment
28
pursuant
to
a
contract
under
this
subsection
and
may
transport
29
the
person
back
to
the
sending
state
under
the
laws
of
the
30
sending
state.
31
d.
Court
orders
valid
under
the
law
of
the
sending
state
32
are
granted
recognition
and
reciprocity
in
the
receiving
state
33
for
a
person
covered
by
a
contract
under
this
subsection
to
34
the
extent
that
the
court
orders
relate
to
confinement
for
35
-2-
LSB
2092YC
(4)
86
rh/rj
2/
6
H.F.
_____
substance
abuse
or
mental
health
care
and
treatment.
Such
care
1
and
treatment
may
include
care
and
treatment
for
co-occurring
2
substance-related
and
mental
health
disorders.
Such
court
3
orders
are
not
subject
to
legal
challenge
in
the
courts
of
the
4
receiving
state.
5
e.
A
person
who
is
detained,
committed,
or
placed
under
the
6
laws
of
a
sending
state
and
who
is
transferred
to
a
receiving
7
state
under
this
section
shall
be
considered
to
be
in
the
legal
8
custody
of
the
authority
responsible
for
the
person
under
the
9
laws
of
the
sending
state.
Except
in
an
emergency,
such
a
10
person
shall
not
be
transferred,
removed,
or
furloughed
from
a
11
hospital,
center,
or
facility
of
the
receiving
agency
without
12
the
specific
approval
of
the
authority
responsible
for
the
13
person
under
the
laws
of
the
sending
state.
14
f.
While
in
the
receiving
state
pursuant
to
a
contract
15
under
this
subsection,
a
person
shall
be
subject
to
all
laws
16
and
regulations
applicable
to
persons
detained,
committed,
17
or
placed
pursuant
to
the
corresponding
laws
and
regulations
18
of
the
receiving
state,
except
those
laws
and
regulations
19
of
the
receiving
state
relating
to
length
of
confinement,
20
reexaminations,
and
extensions
of
confinement.
A
person
shall
21
not
be
sent
to
a
receiving
state
pursuant
to
a
contract
under
22
this
section
until
the
receiving
state
has
enacted
a
law
23
recognizing
the
validity
and
applicability
of
this
subsection.
24
g.
If
a
person
receiving
care
and
treatment
pursuant
to
25
a
contract
under
this
subsection
escapes
from
the
receiving
26
agency
and
the
person
at
the
time
of
the
escape
is
subject
27
to
involuntary
confinement
under
the
laws
of
the
sending
28
state,
the
receiving
agency
shall
use
all
reasonable
means
to
29
recapture
the
escapee.
The
receiving
agency
shall
immediately
30
report
the
escape
of
the
person
to
the
sending
agency.
The
31
receiving
state
has
the
primary
responsibility
for,
and
the
32
authority
to
direct,
the
pursuit,
retaking,
and
prosecution
of
33
escaped
persons
within
its
borders
and
is
liable
for
the
cost
34
of
such
action
to
the
extent
that
it
would
be
liable
for
costs
35
-3-
LSB
2092YC
(4)
86
rh/rj
3/
6
H.F.
_____
if
its
own
resident
escaped.
1
h.
Responsibility
for
payment
for
the
cost
of
care
and
2
treatment
under
this
subsection
shall
remain
with
the
sending
3
agency.
4
5.
A
contract
entered
into
under
this
section
shall,
at
a
5
minimum,
meet
all
of
the
following
requirements:
6
a.
Describe
the
care
and
treatment
to
be
provided.
7
b.
Establish
responsibility
for
the
costs
of
the
care
and
8
treatment,
except
as
otherwise
provided
in
subsection
4.
9
c.
Establish
responsibility
for
the
costs
of
transporting
10
individuals
receiving
care
and
treatment
under
this
section.
11
d.
Specify
the
duration
of
the
contract.
12
e.
Specify
the
means
of
terminating
the
contract.
13
f.
Specify
the
terms
and
conditions
for
refusal
to
admit
or
14
detain
a
person.
15
g.
Identify
the
goals
to
be
accomplished
by
the
placement
16
of
a
person
under
this
section.
17
6.
This
section
shall
apply
to
all
of
the
following:
18
a.
Detoxification
services
that
are
unrelated
to
substance
19
abuse
or
mental
health
care
and
treatment
regardless
of
20
whether
the
care
and
treatment
are
provided
on
a
voluntary
or
21
involuntary
basis.
22
b.
Substance
abuse
and
mental
health
care
and
treatment
23
contracts
that
include
emergency
care
and
treatment
provided
to
24
a
resident
of
this
state
in
a
bordering
state.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
interstate
contracts
for
substance
29
abuse
and
mental
health
care
and
treatment.
30
CONTRACTS
FOR
INVOLUNTARY
COMMITMENTS.
The
bill
provides
31
that
a
region
or
county
as
defined
in
the
bill
may
contract
32
with
a
public
or
private
agency
in
a
bordering
state
to
secure
33
substance
abuse
or
mental
health
care
and
treatment
for
persons
34
who
may
receive
substance
abuse
or
mental
health
care
and
35
-4-
LSB
2092YC
(4)
86
rh/rj
4/
6
H.F.
_____
treatment
pursuant
to
Code
section
125.33
or
229.2
through
1
a
region
or
county
in
Iowa.
Similarly,
a
region
or
county
2
may
contract
with
a
public
or
private
agency
in
a
bordering
3
state
to
provide
such
care
and
treatment
for
residents
of
4
the
bordering
state
in
approved
substance
abuse
or
mental
5
health
treatment
facilities
in
this
state.
A
person
serving
6
a
criminal
sentence,
who
is
on
probation
or
parole,
or
who
is
7
the
subject
of
a
presentence
investigation
is
not
eligible
to
8
receive
such
care
and
treatment.
The
bill
defines
“bordering
9
state”
to
mean
Illinois,
Minnesota,
Missouri,
Nebraska,
South
10
Dakota,
or
Wisconsin,
“county”
to
mean
a
county
that
has
been
11
exempted
by
the
director
of
the
department
of
human
services
12
from
being
required
to
be
part
of
a
regional
mental
health
13
and
disability
services
system,
and
“region”
to
mean
a
mental
14
health
and
disability
services
region
formed
in
accordance
with
15
Code
section
331.389.
16
CONTRACTS
FOR
INVOLUNTARY
COMMITMENTS.
The
bill
provides
17
that
a
person
who
is
detained,
committed,
or
placed
on
an
18
involuntary
basis
under
Code
section
125.75
or
229.6
may
19
be
confined
and
treated
in
another
state
pursuant
to
a
20
contract
executed
under
the
bill
and
a
person
who
is
detained,
21
committed,
or
placed
on
an
involuntary
basis
under
the
civil
22
commitment
laws
of
a
bordering
state
substantially
similar
to
23
Code
section
125.75
or
229.6
may
be
confined
and
treated
in
24
this
state
pursuant
to
a
contract
executed
under
the
bill.
25
Court
orders
valid
under
the
law
of
the
sending
state
are
26
granted
recognition
and
reciprocity
in
the
receiving
state
for
27
a
person
covered
by
an
involuntary
commitment
contract
under
28
the
bill.
A
person
who
is
detained,
committed,
or
placed
29
under
the
laws
of
a
sending
state
and
who
is
transferred
to
a
30
receiving
state
is
considered
to
be
in
the
legal
custody
of
31
the
authority
responsible
for
the
person
under
the
laws
of
the
32
sending
state.
Except
in
an
emergency,
such
a
person
shall
not
33
be
transferred,
removed,
or
furloughed
from
a
hospital,
center,
34
or
facility
of
the
receiving
agency
without
the
specific
35
-5-
LSB
2092YC
(4)
86
rh/rj
5/
6
H.F.
_____
approval
of
the
authority
responsible
for
the
person
under
the
1
laws
of
the
sending
state.
2
While
in
the
receiving
state
pursuant
to
an
involuntary
3
commitment
contract
executed
under
the
bill,
a
person
is
4
subject
to
all
laws
and
regulations
applicable
to
persons
5
detained,
committed,
or
placed
pursuant
to
the
corresponding
6
laws
of
the
receiving
state,
except
those
laws
and
regulations
7
of
the
receiving
state
relating
to
length
of
confinement,
8
reexaminations,
and
extensions
of
confinement.
9
If
a
person
receiving
care
and
treatment
pursuant
to
an
10
involuntary
commitment
contract
under
the
bill
escapes
from
11
the
receiving
agency
and
the
person
at
the
time
of
the
escape
12
is
subject
to
involuntary
confinement
under
the
laws
of
the
13
sending
state,
the
receiving
agency
shall
use
all
reasonable
14
means
to
recapture
the
escapee.
The
receiving
agency
shall
15
immediately
report
the
escape
to
the
sending
agency.
The
16
receiving
state
has
the
primary
responsibility
for,
and
the
17
authority
to
direct,
the
pursuit,
retaking,
and
prosecution
of
18
escaped
persons
within
its
borders
and
is
liable
for
the
cost
19
of
such
action
to
the
extent
that
it
would
be
liable
for
costs
20
if
its
own
resident
escaped.
21
MISCELLANEOUS.
The
bill
specifies
minimum
requirements
22
for
contracts
entered
into
under
the
bill.
The
bill
applies
23
to
detoxification
services
unrelated
to
substance
abuse
or
24
mental
health
care
and
treatment
regardless
of
whether
provided
25
on
a
voluntary
or
involuntary
basis
and
to
substance
abuse
26
and
mental
health
care
and
treatment
contracts
that
include
27
emergency
care
and
treatment.
28
-6-
LSB
2092YC
(4)
86
rh/rj
6/
6