House
File
2445
-
Enrolled
House
File
2445
AN
ACT
RELATING
TO
THE
PROVISION
AND
ADMINISTRATION
OF
MENTAL
HEALTH,
DISABILITY,
AND
HOMEMAKER-HOME
HEALTH
AIDE
SERVICES
AND
THE
RESPONSIBILITY
FOR
OTHER
HEALTH-RELATED
SERVICES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
Section
1.
NEW
SECTION
.
230.01
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
department
of
human
services
assigned,
in
accordance
with
section
218.1,
to
control
the
state
mental
health
institutes,
or
that
administrator’s
designee.
2.
“Book”
,
“list”
,
“record”
,
or
“schedule”
kept
by
a
county
auditor,
assessor,
treasurer,
recorder,
sheriff,
or
other
county
officer
means
the
county
system
as
defined
in
section
445.1.
3.
“Department”
means
the
department
of
human
services.
4.
“Region”
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
331.389.
5.
“Regional
administrator”
means
the
same
as
defined
in
section
331.388.
Sec.
2.
Section
230.1,
subsections
1
and
3,
Code
2018,
are
amended
to
read
as
follows:
1.
The
necessary
and
legal
costs
and
expenses
attending
the
taking
into
custody,
care,
investigation,
admission,
House
File
2445,
p.
2
commitment,
and
support
of
a
person
with
mental
illness
admitted
or
committed
to
a
state
hospital
shall
be
paid
by
a
county
the
regional
administrator
on
behalf
of
the
person’s
county
of
residence
or
by
the
state
as
follows:
a.
If
the
person
is
eighteen
years
of
age
or
older,
as
follows:
(1)
The
costs
attributed
to
mental
illness
shall
be
paid
by
the
regional
administrator
on
behalf
of
the
person’s
county
of
residence.
(2)
The
costs
attributed
to
a
substance-related
disorder
shall
be
paid
by
the
person’s
county
of
residence.
(3)
The
costs
attributable
to
a
dual
diagnosis
of
mental
illness
and
a
substance-related
disorder
may
be
split
as
provided
in
section
226.9C
.
b.
By
the
state
as
a
state
case
if
such
person
has
no
residence
in
this
state,
if
the
person’s
residence
is
unknown,
or
if
the
person
is
under
eighteen
years
of
age.
3.
A
mental
health
and
disability
services
region
or
county
of
residence
is
not
liable
for
costs
and
expenses
associated
with
a
person
with
mental
illness
unless
the
costs
and
expenses
are
for
services
and
other
support
authorized
for
the
person
through
the
regional
administrator
for
the
county.
For
the
purposes
of
this
chapter
,
“regional
administrator”
means
the
same
as
defined
in
section
331.388
.
Sec.
3.
Section
230.4,
Code
2018,
is
amended
to
read
as
follows:
230.4
Certification
to
debtor
county
regional
administrator
.
A
determination
of
a
person’s
county
of
residence
made
in
accordance
with
section
230.2
or
230.3
shall
be
sent
by
the
court
or
the
county
to
the
county
auditor
regional
administrator
of
the
person’s
county
of
residence.
The
certification
shall
be
accompanied
by
a
copy
of
the
evidence
supporting
the
determination.
The
auditor
regional
administrator
shall
provide
the
certification
to
the
board
of
supervisors
of
the
auditor’s
county
region’s
governing
board
,
and
it
shall
be
conclusively
presumed
that
the
person
has
residence
in
a
county
in
the
notified
county
region
unless
that
county
regional
administrator
disputes
the
finding
of
residence
as
provided
in
section
331.394
.
House
File
2445,
p.
3
Sec.
4.
Section
230.5,
Code
2018,
is
amended
to
read
as
follows:
230.5
Nonresidents.
If
a
person’s
residence
is
determined
in
accordance
with
section
230.2
or
230.3
to
be
in
a
foreign
state
or
country,
or
is
unknown,
the
court
or
the
county
regional
administrator
of
the
person’s
county
of
residence
shall
immediately
certify
the
determination
to
the
department’s
administrator.
The
certification
shall
be
accompanied
by
a
copy
of
the
evidence
supporting
the
determination.
A
court
order
issued
pursuant
to
section
229.13
shall
direct
that
the
patient
be
hospitalized
at
the
appropriate
state
hospital
for
persons
with
mental
illness.
Sec.
5.
Section
230.9,
Code
2018,
is
amended
to
read
as
follows:
230.9
Subsequent
discovery
of
residence.
If,
after
a
person
has
been
received
by
a
state
hospital
for
persons
with
mental
illness
as
a
state
case
patient
whose
residence
is
supposed
to
be
outside
this
state,
the
administrator
determines
that
the
residence
of
the
person
was,
at
the
time
of
admission
or
commitment,
in
a
county
of
this
state,
the
administrator
shall
certify
the
determination
and
charge
all
legal
costs
and
expenses
pertaining
to
the
admission
or
commitment
and
support
of
the
person
to
the
regional
administrator
of
the
person’s
county
of
residence.
The
certification
shall
be
sent
to
the
regional
administrator
of
the
person’s
county
of
residence.
The
certification
shall
be
accompanied
by
a
copy
of
the
evidence
supporting
the
determination.
The
costs
and
expenses
shall
be
collected
as
provided
by
law
in
other
cases.
If
the
person’s
residency
status
has
been
determined
in
accordance
with
section
331.394
,
the
legal
costs
and
expenses
shall
be
charged
to
the
regional
administrator
of
the
person’s
county
of
residence
or
as
a
state
case
in
accordance
with
that
determination.
Sec.
6.
Section
230.10,
Code
2018,
is
amended
to
read
as
follows:
230.10
Payment
of
costs.
All
legal
costs
and
expenses
attending
the
taking
into
custody,
care,
investigation,
and
admission
or
commitment
of
a
person
to
a
state
hospital
for
persons
with
mental
illness
House
File
2445,
p.
4
under
a
finding
that
the
person
has
residency
in
another
county
of
this
state
shall
be
charged
against
the
regional
administrator
of
the
person’s
county
of
residence.
Sec.
7.
Section
230.11,
Code
2018,
is
amended
to
read
as
follows:
230.11
Recovery
of
costs
from
state.
Costs
and
expenses
attending
the
taking
into
custody,
care,
and
investigation
of
a
person
who
has
been
admitted
or
committed
to
a
state
hospital,
United
States
department
of
veterans
affairs
hospital,
or
other
agency
of
the
United
States
government,
for
persons
with
mental
illness
and
who
has
no
residence
in
this
state
or
whose
residence
is
unknown,
including
cost
of
commitment,
if
any,
shall
be
paid
as
a
state
case
as
approved
by
the
administrator.
The
amount
of
the
costs
and
expenses
approved
by
the
administrator
is
appropriated
to
the
department
from
any
money
in
the
state
treasury
not
otherwise
appropriated.
Payment
shall
be
made
by
the
department
on
itemized
vouchers
executed
by
the
auditor
of
the
regional
administrator
of
the
person’s
county
which
has
paid
them,
and
approved
by
the
administrator.
Sec.
8.
Section
230.12,
Code
2018,
is
amended
to
read
as
follows:
230.12
Residency
disputes.
If
a
dispute
arises
between
different
counties
or
between
the
administrator
and
a
regional
administrator
for
a
county
as
to
the
residence
of
a
person
admitted
or
committed
to
a
state
hospital
for
persons
with
mental
illness,
the
dispute
shall
be
resolved
as
provided
in
section
331.394
.
Sec.
9.
Section
230.15,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
A
person
with
mental
illness
and
a
person
legally
liable
for
the
person’s
support
remain
liable
for
the
support
of
the
person
with
mental
illness
as
provided
in
this
section
.
Persons
legally
liable
for
the
support
of
a
person
with
mental
illness
include
the
spouse
of
the
person,
and
any
person
bound
by
contract
for
support
of
the
person
,
and,
with
respect
to
persons
with
mental
illness
under
eighteen
years
of
age
only,
the
father
and
mother
of
the
person
.
The
county
auditor
regional
administrator
of
the
person’s
House
File
2445,
p.
5
county
of
residence
,
subject
to
the
direction
of
the
region’s
governing
board
of
supervisors
,
shall
enforce
the
obligation
created
in
this
section
as
to
all
sums
advanced
by
the
county
regional
administrator
.
The
liability
to
the
county
regional
administrator
incurred
by
a
person
with
mental
illness
or
a
person
legally
liable
for
the
person’s
support
under
this
section
is
limited
to
an
amount
equal
to
one
hundred
percent
of
the
cost
of
care
and
treatment
of
the
person
with
mental
illness
at
a
state
mental
health
institute
for
one
hundred
twenty
days
of
hospitalization.
This
limit
of
liability
may
be
reached
by
payment
of
the
cost
of
care
and
treatment
of
the
person
with
mental
illness
subsequent
to
a
single
admission
or
multiple
admissions
to
a
state
mental
health
institute
or,
if
the
person
is
not
discharged
as
cured,
subsequent
to
a
single
transfer
or
multiple
transfers
to
a
county
care
facility
pursuant
to
section
227.11
.
After
reaching
this
limit
of
liability,
a
person
with
mental
illness
or
a
person
legally
liable
for
the
person’s
support
is
liable
to
the
county
regional
administrator
for
the
care
and
treatment
of
the
person
with
mental
illness
at
a
state
mental
health
institute
or,
if
transferred
but
not
discharged
as
cured,
at
a
county
care
facility
in
an
amount
not
in
excess
of
the
average
minimum
cost
of
the
maintenance
of
an
individual
who
is
physically
and
mentally
healthy
residing
in
the
individual’s
own
home,
which
standard
shall
be
established
and
may
from
time
to
time
be
revised
by
the
department
of
human
services.
A
lien
imposed
by
section
230.25
shall
not
exceed
the
amount
of
the
liability
which
may
be
incurred
under
this
section
on
account
of
a
person
with
mental
illness.
Sec.
10.
Section
230.16,
Code
2018,
is
amended
to
read
as
follows:
230.16
Presumption.
In
actions
to
enforce
the
liability
imposed
by
section
230.15
,
the
certificate
from
the
superintendent
to
the
county
auditor
regional
administrator
of
the
person’s
county
of
residence
stating
the
sums
charged
in
such
cases,
shall
be
presumptively
correct.
Sec.
11.
Section
230.17,
Code
2018,
is
amended
to
read
as
follows:
House
File
2445,
p.
6
230.17
Board
may
compromise
lien.
The
board
of
supervisors
of
the
person’s
county
of
residence
is
hereby
empowered
to
compromise
any
and
all
liabilities
to
the
county,
created
by
this
chapter
,
when
such
compromise
is
deemed
to
be
for
the
best
interests
of
the
county.
Sec.
12.
Section
230.18,
Code
2018,
is
amended
to
read
as
follows:
230.18
Expense
in
county
or
private
hospitals.
The
estates
of
persons
with
mental
illness
who
may
be
treated
or
confined
in
any
county
hospital
or
home,
or
in
any
private
hospital
or
sanatorium,
and
the
estates
of
persons
legally
bound
for
their
support,
shall
be
liable
to
the
county
regional
administrator
of
the
person’s
county
of
residence
for
the
reasonable
cost
of
such
support.
Sec.
13.
Section
230.20,
Code
2018,
is
amended
to
read
as
follows:
230.20
Billing
of
patient
charges
——
computation
of
actual
costs
——
cost
settlement.
1.
The
superintendent
of
each
mental
health
institute
shall
compute
by
February
1
the
average
daily
patient
charges
and
other
service
charges
for
which
each
county
regional
administrator
of
a
person’s
county
of
residence
will
be
billed
for
services
provided
to
patients
the
person
and
chargeable
to
the
county
of
residence
during
the
fiscal
year
beginning
the
following
July
1.
The
department
shall
certify
the
amount
of
the
charges
and
notify
the
counties
regional
administrator
of
the
person’s
county
of
residence
of
the
billing
charges.
a.
The
superintendent
shall
separately
compute
by
program
the
average
daily
patient
charge
for
a
mental
health
institute
for
services
provided
in
the
following
fiscal
year,
in
accordance
with
generally
accepted
accounting
procedures,
by
totaling
the
expenditures
of
the
program
for
the
immediately
preceding
calendar
year,
by
adjusting
the
expenditures
by
a
percentage
not
to
exceed
the
percentage
increase
in
the
consumer
price
index
for
all
urban
consumers
for
the
immediately
preceding
calendar
year,
and
by
dividing
the
adjusted
expenditures
by
the
total
inpatient
days
of
service
provided
in
the
program
during
the
immediately
preceding
calendar
year.
However,
the
superintendent
shall
not
include
House
File
2445,
p.
7
the
following
in
the
computation
of
the
average
daily
patient
charge:
(1)
The
costs
of
food,
lodging,
and
other
maintenance
provided
to
persons
not
patients
of
the
hospital.
(2)
The
costs
of
certain
direct
medical
services
identified
in
administrative
rule,
which
may
include
but
need
not
be
limited
to
X-ray,
laboratory,
and
dental
services.
(3)
The
costs
of
outpatient
and
state
placement
services.
(4)
The
costs
of
the
psychiatric
residency
program.
(5)
The
costs
of
the
chaplain
intern
program.
b.
The
department
shall
compute
the
direct
medical
services,
outpatient,
and
state
placement
services
charges,
in
accordance
with
generally
accepted
accounting
procedures,
on
the
basis
of
the
actual
cost
of
the
services
provided
during
the
immediately
preceding
calendar
year.
The
direct
medical
services,
outpatient,
and
state
placement
services
shall
be
billed
directly
against
the
patient
who
received
the
services.
2.
a.
The
superintendent
shall
certify
to
the
department
the
billings
to
each
county
the
regional
administrator
of
the
person’s
county
of
residence
for
services
provided
to
patients
the
person
and
chargeable
to
the
county
of
residence
during
the
preceding
calendar
quarter.
The
county
of
residence
billings
shall
be
based
on
the
average
daily
patient
charge
and
other
service
charges
computed
pursuant
to
subsection
1
,
and
the
number
of
inpatient
days
and
other
service
units
chargeable
to
the
regional
administrator
of
the
person’s
county
of
residence
.
However,
a
county
of
residence
billing
shall
be
decreased
by
an
amount
equal
to
reimbursement
by
a
third
party
payor
or
estimation
of
such
reimbursement
from
a
claim
submitted
by
the
superintendent
to
the
third
party
payor
for
the
preceding
calendar
quarter.
When
the
actual
third
party
payor
reimbursement
is
greater
or
less
than
estimated,
the
difference
shall
be
reflected
in
the
county
billing
in
the
calendar
quarter
the
actual
third
party
payor
reimbursement
is
determined.
b.
The
per
diem
costs
billed
to
each
mental
health
and
disability
services
region
shall
not
exceed
the
per
diem
costs
billed
to
the
region
in
the
fiscal
year
beginning
July
1,
2016.
3.
The
superintendent
shall
compute
in
January
the
actual
House
File
2445,
p.
8
per-patient-per-day
cost
for
each
mental
health
institute
for
the
immediately
preceding
calendar
year,
in
accordance
with
generally
accepted
accounting
procedures,
by
totaling
the
actual
expenditures
of
the
mental
health
institute
for
the
calendar
year
and
by
dividing
the
total
actual
expenditures
by
the
total
inpatient
days
of
service
provided
during
the
calendar
year.
4.
The
department
shall
certify
to
the
counties
regional
administrator
by
February
1
the
actual
per-patient-per-day
costs,
as
computed
pursuant
to
subsection
3
,
and
the
actual
costs
owed
by
each
county
regional
administrator
itemized
for
each
county
in
the
region
for
the
immediately
preceding
calendar
year
for
patients
chargeable
to
the
county
regional
administrator
.
If
the
actual
costs
owed
by
the
county
regional
administrator
are
greater
than
the
charges
billed
to
the
county
regional
administrator
pursuant
to
subsection
2
,
the
department
shall
bill
the
county
regional
administrator
for
the
difference
itemized
for
each
county
in
the
region
with
the
billing
for
the
quarter
ending
June
30.
If
the
actual
costs
owed
by
the
county
regional
administrator
are
less
than
the
charges
billed
to
the
county
regional
administrator
pursuant
to
subsection
2
,
the
department
shall
credit
the
county
regional
administrator
for
the
difference
itemized
for
each
county
in
the
region
starting
with
the
billing
for
the
quarter
ending
June
30.
5.
An
individual
statement
shall
be
prepared
for
a
patient
on
or
before
the
fifteenth
day
of
the
month
following
the
month
in
which
the
patient
leaves
the
mental
health
institute,
and
a
general
statement
shall
be
prepared
at
least
quarterly
for
each
county
regional
administrator
itemized
for
each
county
in
the
region
to
which
charges
are
made
under
this
section
.
Except
as
otherwise
required
by
sections
125.33
and
125.34
,
the
general
statement
shall
list
the
name
of
each
patient
chargeable
to
that
a
county
in
the
region
who
was
served
by
the
mental
health
institute
during
the
preceding
month
or
calendar
quarter,
the
amount
due
on
account
of
each
patient,
and
the
specific
dates
for
which
any
third
party
payor
reimbursement
received
by
the
state
is
applied
to
the
statement
and
billing,
and
the
county
regional
administrator
shall
be
billed
for
eighty
percent
of
the
stated
charge
for
each
patient
specified
House
File
2445,
p.
9
in
this
subsection
.
The
statement
prepared
for
each
county
regional
administrator
shall
be
certified
by
the
department
and
a
duplicate
statement
shall
be
mailed
to
the
auditor
of
that
county
.
6.
All
or
any
reasonable
portion
of
the
charges
incurred
for
services
provided
to
a
patient,
to
the
most
recent
date
for
which
the
charges
have
been
computed,
may
be
paid
at
any
time
by
the
patient
or
by
any
other
person
on
the
patient’s
behalf.
Any
payment
made
by
the
patient
or
other
person,
and
any
federal
financial
assistance
received
pursuant
to
Tit.
XVIII
or
XIX
of
the
federal
Social
Security
Act
for
services
rendered
to
a
patient,
shall
be
credited
against
the
patient’s
account
and,
if
the
charges
paid
as
described
in
this
subsection
have
previously
been
billed
to
a
county
regional
administrator
on
behalf
of
the
person’s
county
of
residence
,
reflected
in
the
mental
health
institute’s
next
general
statement
to
that
county
regional
administrator
.
7.
A
superintendent
of
a
mental
health
institute
may
request
that
the
director
of
human
services
enter
into
a
contract
with
a
person
for
the
mental
health
institute
to
provide
consultation
or
treatment
services
or
for
fulfilling
other
purposes
which
are
consistent
with
the
purposes
stated
in
section
226.1
.
The
contract
provisions
shall
include
charges
which
reflect
the
actual
cost
of
providing
the
services
or
fulfilling
the
other
purposes.
Any
income
from
a
contract
authorized
under
this
subsection
may
be
retained
by
the
mental
health
institute
to
defray
the
costs
of
providing
the
services.
Except
for
a
contract
voluntarily
entered
into
by
a
county
under
this
subsection
,
the
costs
or
income
associated
with
a
contract
authorized
under
this
subsection
shall
not
be
considered
in
computing
charges
and
per
diem
costs
in
accordance
with
the
provisions
of
subsections
1
through
6
of
this
section
.
8.
The
department
shall
provide
a
county
regional
administrator
with
information,
which
is
not
otherwise
confidential
under
law,
in
the
department’s
possession
concerning
a
patient
whose
cost
of
care
is
chargeable
to
the
county
regional
administrator
,
including
but
not
limited
to
the
information
specified
in
section
229.24,
subsection
3
.
House
File
2445,
p.
10
Sec.
14.
Section
230.21,
Code
2018,
is
amended
to
read
as
follows:
230.21
Duty
of
county
auditor
and
treasurer
Notice
to
county
of
residence
.
The
county
auditor,
upon
receipt
of
the
duplicate
statement
required
by
section
230.20
,
shall
enter
it
to
the
credit
of
the
state
in
the
ledger
of
state
accounts,
regional
administrator
shall
furnish
to
the
board
of
supervisors
of
the
county
of
residence
a
list
of
the
names
of
the
persons
so
certified,
and
at
once
issue
a
notice
authorizing
the
county
treasurer
to
transfer
the
amount
billed
to
the
county
by
the
statement,
from
the
county
to
the
general
state
revenue,
which
notice
shall
be
filed
by
the
treasurer
as
authority
for
making
the
transfer
who
are
residents
of
that
county
and
eligible
for
mental
health
and
disability
services
funding
.
The
auditor
shall
promptly
remit
the
amount
so
transferred
to
the
treasurer
of
state,
designating
the
fund
to
which
it
belongs.
Sec.
15.
Section
230.22,
Code
2018,
is
amended
to
read
as
follows:
230.22
Penalty.
Should
any
county
fail
If
a
regional
administrator
fails
to
pay
the
amount
billed
by
a
statement
submitted
pursuant
to
section
230.20
within
forty-five
days
from
the
date
the
statement
is
received
by
the
county
regional
administrator
,
the
department
shall
charge
the
delinquent
county
regional
administrator
the
penalty
of
one
percent
per
month
on
and
after
forty-five
days
from
the
date
the
statement
is
received
by
the
county
regional
administrator
until
paid.
Provided,
however,
that
the
penalty
shall
not
be
imposed
if
the
county
regional
administrator
has
notified
the
department
of
error
or
questionable
items
in
the
billing,
in
which
event,
the
department
shall
suspend
the
penalty
only
during
the
period
of
negotiation.
Sec.
16.
Section
230.25,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
Upon
receipt
from
the
county
auditor
or
the
regional
administrator
for
mental
health
and
disability
services
of
the
list
of
names
furnished
pursuant
to
section
230.21
,
the
board
of
supervisors
of
the
county
of
residence
shall
make
an
House
File
2445,
p.
11
investigation
to
determine
the
ability
of
each
person
whose
name
appears
on
the
list,
and
also
the
ability
of
any
person
liable
under
section
230.15
for
the
support
of
that
person,
to
pay
the
expenses
of
that
person’s
hospitalization.
If
the
board
finds
that
neither
the
hospitalized
person
nor
any
person
legally
liable
for
the
person’s
support
is
able
to
pay
those
expenses,
they
the
board
shall
direct
the
county
auditor
or
regional
administrator
not
to
index
the
names
of
any
of
those
persons
as
would
otherwise
be
required
by
section
230.26
.
However
the
board
may
review
its
finding
with
respect
to
any
person
at
any
subsequent
time
at
which
another
list
is
furnished
by
the
auditor
county
auditor
or
regional
administrator
upon
which
that
person’s
name
appears.
If
the
board
finds
upon
review
that
that
person
or
those
legally
liable
for
the
person’s
support
are
presently
able
to
pay
the
expenses
of
that
person’s
hospitalization,
that
finding
shall
apply
only
to
charges
stated
upon
the
certificate
from
which
the
list
was
drawn
up
and
any
subsequent
charges
similarly
certified,
unless
and
until
the
board
again
changes
its
finding.
Sec.
17.
Section
230.26,
Code
2018,
is
amended
to
read
as
follows:
230.26
Auditor
Regional
administrator
to
keep
record.
The
auditor
of
each
county
regional
administrator
shall
keep
an
accurate
account
of
the
cost
of
the
maintenance
of
any
patient
kept
in
any
institution
as
provided
for
in
this
chapter
and
keep
an
index
of
the
names
of
the
persons
admitted
or
committed
from
such
each
county
in
the
region
.
The
name
of
the
husband
or
the
wife
of
such
person
designating
such
party
as
the
spouse
of
the
person
admitted
or
committed
shall
also
be
indexed
in
the
same
manner
as
the
names
of
the
persons
admitted
or
committed
are
indexed.
The
book
shall
be
designated
as
an
account
book
or
index,
and
shall
have
no
reference
in
any
place
to
a
lien.
Sec.
18.
Section
230.33,
Code
2018,
is
amended
to
read
as
follows:
230.33
Reciprocal
agreements.
The
administrator
may
enter
into
agreements
with
other
states,
through
their
duly
constituted
authorities,
to
effect
House
File
2445,
p.
12
the
reciprocal
return
of
persons
with
mental
illness
and
persons
with
an
intellectual
disability
to
the
contracting
states,
and
to
effect
the
reciprocal
supervision
of
persons
on
convalescent
leave.
However,
in
the
case
of
a
proposed
transfer
of
a
person
with
mental
illness
or
an
intellectual
disability
from
this
state,
final
action
shall
not
be
taken
without
the
approval
either
of
the
commission
of
hospitalization,
or
of
the
district
court,
of
the
county
of
admission
or
commitment.
Sec.
19.
REPEAL.
Sections
230.34
and
232.80,
Code
2018,
are
repealed.
DIVISION
II
Sec.
20.
Section
35D.9,
Code
2018,
is
amended
to
read
as
follows:
35D.9
County
of
settlement
residence
upon
discharge.
A
member
of
the
home
does
not
acquire
legal
settlement
residency
in
the
county
in
which
the
home
is
located
unless
the
member
is
voluntarily
or
involuntarily
discharged
from
the
home
,
continuously
resides
in
the
county
for
a
period
of
one
year
subsequent
to
the
discharge,
and
during
that
year
is
not
readmitted
to
the
home
or
does
not
receive
any
services
from
the
home
and
the
member
meets
county
of
residence
requirements
.
For
purposes
of
this
section,
“county
of
residence”
means
the
same
as
defined
in
section
331.394.
Sec.
21.
Section
125.2,
Code
2018,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
“County
of
residence”
means
the
same
as
defined
in
section
331.394.
Sec.
22.
Section
125.2,
subsection
13,
Code
2018,
is
amended
by
striking
the
subsection.
Sec.
23.
Section
139A.12,
Code
2018,
is
amended
to
read
as
follows:
139A.12
County
liability
for
care,
provisions,
and
medical
attendance.
The
local
board
shall
provide
proper
care,
provisions,
and
medical
attendance
for
any
person
removed
and
isolated
or
quarantined
in
a
separate
house
or
hospital
for
detention
and
treatment,
and
the
care,
provisions,
and
medical
attendance
shall
be
paid
for
by
the
county
in
which
the
infected
person
House
File
2445,
p.
13
has
a
legal
settlement
residence
,
if
the
patient
or
legal
guardian
is
unable
to
pay.
Sec.
24.
Section
139A.18,
Code
2018,
is
amended
to
read
as
follows:
139A.18
Reimbursement
from
county.
If
any
person
receives
services
or
supplies
under
this
chapter
who
does
not
have
a
legal
settlement
residence
in
the
county
in
which
the
bills
were
incurred
and
paid,
the
amount
paid
shall
be
certified
to
the
board
of
supervisors
of
the
county
in
which
the
person
claims
settlement
or
owns
property,
and
the
board
of
supervisors
of
that
county
shall
reimburse
the
county
from
which
the
claim
is
certified,
in
the
full
amount
originally
paid.
Sec.
25.
Section
232.141,
subsections
7
and
8,
Code
2018,
are
amended
to
read
as
follows:
7.
A
county
charged
with
the
costs
and
expenses
under
subsections
2
and
3
may
recover
the
costs
and
expenses
from
the
county
where
the
child
has
legal
settlement
child’s
custodial
parent’s
county
of
residence,
as
defined
in
section
331.394,
by
filing
verified
claims
which
are
payable
as
are
other
claims
against
the
county.
A
detailed
statement
of
the
facts
upon
which
a
claim
is
based
shall
accompany
the
claim.
Any
dispute
involving
the
legal
settlement
of
a
child
for
which
the
court
has
ordered
payment
under
this
section
shall
be
settled
pursuant
to
sections
252.22
and
252.23
.
8.
This
subsection
applies
only
to
placements
in
a
juvenile
shelter
care
home
which
is
publicly
owned,
operated
as
a
county
or
multicounty
shelter
care
home,
organized
under
a
chapter
28E
agreement,
or
operated
by
a
private
juvenile
shelter
care
home.
If
the
actual
and
allowable
costs
of
a
child’s
shelter
care
placement
exceed
the
amount
the
department
is
authorized
to
pay
in
accordance
with
law
and
administrative
rule,
the
unpaid
costs
may
be
recovered
from
the
child’s
custodial
parent’s
county
of
legal
settlement
residence
.
However,
the
maximum
amount
of
the
unpaid
costs
which
may
be
recovered
under
this
subsection
is
limited
to
the
difference
between
the
amount
the
department
is
authorized
to
pay
and
the
statewide
average
of
the
actual
and
allowable
rates
in
effect
in
May
of
the
preceding
fiscal
year
for
reimbursement
of
juvenile
shelter
House
File
2445,
p.
14
care
homes.
In
no
case
shall
the
home
be
reimbursed
for
more
than
the
home’s
actual
and
allowable
costs.
The
unpaid
costs
are
payable
pursuant
to
filing
of
verified
claims
against
the
child’s
custodial
parent’s
county
of
legal
settlement
residence
.
A
detailed
statement
of
the
facts
upon
which
a
claim
is
based
shall
accompany
the
claim.
Any
dispute
between
counties
arising
from
filings
of
claims
pursuant
to
this
subsection
shall
be
settled
in
the
manner
provided
to
determine
residency
in
section
331.394
.
Sec.
26.
Section
252.24,
Code
2018,
is
amended
to
read
as
follows:
252.24
County
of
settlement
residence
liable
——
exception.
1.
The
county
where
the
settlement
is
of
residence,
as
defined
in
section
331.394,
shall
be
liable
to
the
county
granting
assistance
for
all
reasonable
charges
and
expenses
incurred
in
the
assistance
and
care
of
a
poor
person.
2.
When
assistance
is
furnished
by
any
governmental
agency
of
the
county,
township,
or
city,
the
assistance
shall
be
deemed
to
have
been
furnished
by
the
county
in
which
the
agency
is
located
and
the
agency
furnishing
the
assistance
shall
certify
the
correctness
of
the
costs
of
the
assistance
to
the
board
of
supervisors
of
that
county
and
that
county
shall
collect
from
the
county
of
the
person’s
settlement
county
of
residence
.
The
amounts
collected
by
the
county
where
the
agency
is
located
shall
be
paid
to
the
agency
furnishing
the
assistance.
This
statute
applies
to
services
and
supplies
furnished
as
provided
in
section
139A.18
.
3.
Notwithstanding
subsection
2
,
if
This
section
shall
apply
to
assistance
or
maintenance
is
provided
by
a
county
through
the
county’s
mental
health
and
disability
services
system
implemented
under
chapter
331
,
liability
for
the
assistance
and
maintenance
is
the
responsibility
of
the
person’s
county
of
residence
.
Sec.
27.
Section
331.502,
subsection
14,
Code
2018,
is
amended
by
striking
the
subsection.
Sec.
28.
Section
331.653,
subsection
25,
Code
2018,
is
amended
by
striking
the
subsection.
Sec.
29.
Section
347.16,
subsection
3,
Code
2018,
is
amended
to
read
as
follows:
House
File
2445,
p.
15
3.
Care
and
treatment
may
be
furnished
in
a
county
public
hospital
to
any
sick
or
injured
person
who
has
legal
settlement
residence
outside
the
county
which
maintains
the
hospital,
subject
to
such
policies
and
rules
as
the
board
of
hospital
trustees
may
adopt.
If
care
and
treatment
is
provided
under
this
subsection
to
a
person
who
is
indigent,
the
county
in
which
that
person
has
legal
settlement
person’s
county
of
residence,
as
defined
in
section
331.394,
shall
pay
to
the
board
of
hospital
trustees
the
fair
and
reasonable
cost
of
the
care
and
treatment
provided
by
the
county
public
hospital
unless
the
cost
of
the
indigent
person’s
care
and
treatment
is
otherwise
provided
for.
If
care
and
treatment
is
provided
to
an
indigent
person
under
this
subsection
,
the
county
public
hospital
furnishing
the
care
and
treatment
shall
immediately
notify,
by
regular
mail,
the
auditor
of
the
county
of
legal
settlement
residence
of
the
indigent
person
of
the
provision
of
care
and
treatment
to
the
indigent
person
.
However,
if
the
including
care
and
treatment
is
provided
by
a
county
through
the
county’s
mental
health
and
disability
services
system
implemented
under
chapter
331
,
liability
for
the
assistance
and
maintenance
is
the
responsibility
of
the
person’s
county
of
residence
.
Sec.
30.
REPEAL.
Sections
252.16,
252.17,
252.18,
252.22,
and
252.23,
Code
2018,
are
repealed.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2445,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2018
______________________________
KIM
REYNOLDS
Governor