House File 184 - Introduced
HOUSE FILE
BY HEDDENS and HEATON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act revising child welfare requirements involving children
2 with mental health, behavioral, or emotional disorders and
3 providing a contingent effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1880HH 81
6 jp/sh/8
PAG LIN
1 1 Section 1. Section 135H.6, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 11. If a child has an emotional,
1 4 behavioral, or mental health disorder, the psychiatric
1 5 institution does not require court proceedings to be initiated
1 6 or that a child's parent, guardian, or custodian must
1 7 terminate parental rights over or transfer legal custody of
1 8 the child for the purpose of obtaining treatment from the
1 9 psychiatric institution for the child. Relinquishment of a
1 10 child's custody shall not be a condition of the child
1 11 receiving services.
1 12 Sec. 2. Section 232.2, subsection 6, paragraph f, Code
1 13 2005, is amended to read as follows:
1 14 f. Who is in need of treatment to cure or alleviate
1 15 serious mental illness or disorder, or emotional damage as
1 16 evidenced by severe anxiety, depression, withdrawal, or
1 17 untoward aggressive behavior toward self or others and whose
1 18 parent, guardian, or custodian is unwilling or unable to
1 19 provide such treatment.
1 20 Sec. 3. Section 234.7, Code 2005, is amended to read as
1 21 follows:
1 22 234.7 DEPARTMENT DUTIES.
1 23 1. The department of human services shall comply with the
1 24 following requirement associated with child foster care
1 25 licensees under chapter 237:
1 26 The department shall include a child's foster parent in,
1 27 and provide timely notice of, planning and review activities
1 28 associated with the child, including but not limited to
1 29 permanency planning and placement review meetings, which shall
1 30 include discussion of the child's rehabilitative treatment
1 31 needs.
1 32 2. a. The department of human services shall submit a
1 33 waiver request to the United States department of health and
1 34 human services as necessary to provide limited coverage under
1 35 the medical assistance program for children who are described
2 1 by any of the following:
2 2 (1) The child needs behavioral health care services and
2 3 qualifies for the care level provided by a psychiatric medical
2 4 institution for children licensed under chapter 135H.
2 5 (2) The child is in need of treatment to cure or alleviate
2 6 serious mental illness or disorder, or emotional damage as
2 7 evidenced by severe anxiety, depression, withdrawal, or
2 8 untoward aggressive behavior toward self or others and whose
2 9 parent, guardian, or custodian is unable to provide such
2 10 treatment.
2 11 b. If federal approval of the waiver request is granted,
2 12 the department shall renegotiate the medical assistance
2 13 contract provisions for behavioral health services as
2 14 necessary for the contractor to address the needs of children
2 15 described in paragraph "a". If federal approval is not
2 16 received, the department shall present options to the governor
2 17 and general assembly to meet the needs of such children
2 18 through a state=funded program.
2 19 Sec. 4. CONTINGENT EFFECTIVE DATE.
2 20 1. The section of this Act amending section 232.2,
2 21 subsection 6, paragraph "f", shall take effect on the initial
2 22 implementation date of either of the following contingencies,
2 23 providing one of the contingencies is implemented:
2 24 a. Federal approval is received for the waiver request
2 25 submitted by the department of human services pursuant to
2 26 section 234.7, subsection 2, paragraph "a", as enacted by this
2 27 Act.
2 28 b. A state=funded program is implemented in lieu of the
2 29 federal waiver, as described in section 234.7, subsection 2,
2 30 paragraph "b", as enacted by this Act.
2 31 2. The department of human services shall notify the Code
2 32 editor if either of the contingencies in subsection 1 occurs.
2 33 EXPLANATION
2 34 This bill relates to child welfare requirements involving
2 35 children with mental health, behavioral, or emotional
3 1 disorders and the department of human services.
3 2 Code section 135H.6, relating to licensure requirements for
3 3 psychiatric medical institutions for children (PMICs), is
3 4 amended by adding a new requirement. The new requirement
3 5 prohibits a PMIC from requiring a child's parent, guardian, or
3 6 custodian to relinquish parental rights or custody in order
3 7 for the child to receive PMIC services.
3 8 One of the bases in Code section 232.2 for defining a child
3 9 in need of assistance is revised. Under current law, a child
3 10 who is in need of treatment to cure a mental illness disorder,
3 11 emotional damage, or aggressive behavior, when the child's
3 12 parent, guardian, or custodian is unwilling or unable to
3 13 provide the treatment is a child in need of assistance. The
3 14 bill modifies this provision to provide that such a child is
3 15 not a child in need of assistance if the parent, guardian, or
3 16 custodian is unable to provide the treatment. The bill
3 17 instead requires the department to address treatment for such
3 18 children.
3 19 Code section 234.7, relating to requirements of the
3 20 department under the child and family services Code chapter,
3 21 is amended to apply a new requirement. The department is
3 22 directed to apply for a federal waiver to provide limited
3 23 coverage under the medical assistance (Medicaid) program for a
3 24 child who qualifies for PMIC level of care or is in need of
3 25 treatment to cure a mental illness disorder, emotional damage,
3 26 or aggressive behavior and the child's parent, guardian, or
3 27 custodian is unable to provide the treatment. If the federal
3 28 government approves the waiver, the department must
3 29 renegotiate its contract for behavioral health services under
3 30 the Medicaid program. If the federal government does not
3 31 provide approval, the department is required to provide
3 32 options to the governor and general assembly for a state=
3 33 funded program.
3 34 The bill includes a contingent effective date for the
3 35 bill's amendment to Code section 232.2. That amendment only
4 1 takes effect provided either federal approval of the waiver
4 2 request submitted pursuant to the bill is received or the
4 3 waiver request is not approved and a state=funded program is
4 4 implemented.
4 5 LSB 1880HH 81
4 6 jp:nh/sh/8