House File 280 - Introduced



                                       HOUSE FILE       
                                       BY  CARROLL


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to mental health, mental retardation, and
  2    developmental disabilities services by revising involuntary
  3    hospitalization procedures involving the county central point
  4    of coordination process and patient advocates and authorizing
  5    counties to create a special program fund for these services.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1957YH 81
  8 jp/gg/14

PAG LIN



  1  1    Section 1.  Section 229.1B, Code 2005, is amended to read
  1  2 as follows:
  1  3    229.1B  CENTRAL POINT OF COORDINATION PROCESS.
  1  4    1.  Notwithstanding any provision of this chapter to the
  1  5 contrary, any person whose hospitalization expenses are
  1  6 payable in whole or in part by a county shall be subject to
  1  7 all requirements of the central point of coordination process.
  1  8 The county central point of coordination process administrator
  1  9 or the administrator's designee shall assist the court by
  1 10 determining the person's county of legal settlement and
  1 11 notifying the court of the determination.  In addition, the
  1 12 administrator or designee shall identify one or more
  1 13 appropriate hospitals or facilities with an opening available
  1 14 for placement of the person and provide this information to
  1 15 the court along with a placement recommendation.
  1 16    2.  The county central point of coordination process
  1 17 administrator shall develop a plan for addressing emergency
  1 18 examinations and placements made under this chapter.  The plan
  1 19 shall be developed in consultation with representatives of the
  1 20 community mental health centers and hospitals providing
  1 21 emergency services in that county.  The plan shall include but
  1 22 is not limited to a process for the administrator or the
  1 23 administrator's designee to provide the court with a placement
  1 24 recommendation as required by this chapter.
  1 25    3.  A person who receives confidential information under
  1 26 this chapter due to the person's responsibilities relating to
  1 27 the central point of coordination process is subject to the
  1 28 requirements of chapter 228, the federal Health Insurance
  1 29 Portability and Accountability Act of 1996, Pub. L. No. 104=
  1 30 191, and other applicable requirements intended to protect the
  1 31 confidentiality of information pertaining to a respondent or
  1 32 person subject to a commitment order under this chapter.
  1 33    Sec. 2.  Section 229.8, subsection 2, Code 2005, is amended
  1 34 to read as follows:
  1 35    2.  Cause copies of the application and supporting
  2  1 documentation to be sent to the county attorney or the county
  2  2 attorney's attorney=designate for review and to the county's
  2  3 central point of coordination process administrator.
  2  4    Sec. 3.  Section 229.9A, Code 2005, is amended to read as
  2  5 follows:
  2  6    229.9A  PATIENT ADVOCATE INFORMED.
  2  7    The court shall direct the clerk to furnish the patient
  2  8 advocate of the respondent's county of legal settlement with a
  2  9 copy of application and any order issued pursuant to section
  2 10 229.8, subsection 3.  If an order is issued, the clerk shall
  2 11 also provide a copy of the order to the central point of
  2 12 coordination process administrator of the respondent's county
  2 13 of legal settlement.  The advocate may attend the
  2 14 hospitalization hearing of any respondent for whom the
  2 15 advocate has received notice of a hospitalization hearing.
  2 16    Sec. 4.  Section 229.11, unnumbered paragraph 1, Code 2005,
  2 17 is amended to read as follows:
  2 18    If the applicant requests that the respondent be taken into
  2 19 immediate custody and the judge, upon reviewing the
  2 20 application and accompanying documentation, finds probable
  2 21 cause to believe that the respondent has a serious mental
  2 22 impairment and is likely to injure the respondent or other
  2 23 persons if allowed to remain at liberty, the judge may enter a
  2 24 written order directing that the respondent be taken into
  2 25 immediate custody by the sheriff or the sheriff's deputy and
  2 26 be detained until the hospitalization hearing.  The
  2 27 hospitalization hearing shall be held no more than five days
  2 28 after the date of the order, except that if the fifth day
  2 29 after the date of the order is a Saturday, Sunday, or a
  2 30 holiday, the hearing may be held on the next succeeding
  2 31 business day.  If the expenses of a respondent are payable in
  2 32 whole or in part by a county, for a placement in accordance
  2 33 with subsection 1, the judge shall give notice of the
  2 34 placement to the central point of coordination process
  2 35 administrator, and for a placement in accordance with
  3  1 subsection 2 or 3, the judge shall order the placement in a
  3  2 hospital or facility designated through the central point of
  3  3 coordination process.  Prior to the hearing, the central point
  3  4 of coordination process administrator or the administrator's
  3  5 designee shall provide the court with a placement
  3  6 recommendation identifying one or more appropriate hospitals
  3  7 or facilities with an opening available for placement of the
  3  8 respondent.  If determined to be in the best interest of the
  3  9 respondent, the judge may order placement of the respondent in
  3 10 an alternative facility in which an opening is available.  The
  3 11 judge may order the respondent detained for the period of time
  3 12 until the hearing is held, and no longer, in accordance with
  3 13 subsection 1 if possible, and if not then in accordance with
  3 14 subsection 2 or, only if neither of these alternatives is
  3 15 available, in accordance with subsection 3.  Detention may be:
  3 16    Sec. 5.  Section 229.13, subsection 1, paragraph a, Code
  3 17 2005, is amended to read as follows:
  3 18    a.  The court shall order a respondent whose expenses are
  3 19 payable in whole or in part by a county placed under the care
  3 20 of an appropriate hospital or facility designated through the
  3 21 central point of coordination process on an inpatient or
  3 22 outpatient basis.  The central point of coordination process
  3 23 administrator or the administrator's designee shall provide
  3 24 the court with a placement recommendation identifying one or
  3 25 more appropriate hospitals or facilities with an opening
  3 26 available for placement of the respondent.  If determined to
  3 27 be in the best interest of the respondent, the judge may order
  3 28 placement of the respondent in an alternative facility in
  3 29 which an opening is available.
  3 30    Sec. 6.  Section 229.14, subsection 2, paragraph a, Code
  3 31 2005, is amended to read as follows:
  3 32    a.  For a respondent whose expenses are payable in whole or
  3 33 in part by a county, placement as designated through the
  3 34 central point of coordination process in the care of an
  3 35 appropriate hospital or facility on an inpatient or outpatient
  4  1 basis, or other appropriate treatment, or in an appropriate
  4  2 alternative placement.  The central point of coordination
  4  3 process administrator or the administrator's designee shall
  4  4 provide the court with a placement recommendation identifying
  4  5 one or more appropriate hospitals or facilities with an
  4  6 opening available for placement of the respondent.  If
  4  7 determined to be in the best interest of the respondent, the
  4  8 judge may order placement of the respondent in an alternative
  4  9 facility in which an opening is available.
  4 10    Sec. 7.  Section 229.14A, subsection 1, Code 2005, is
  4 11 amended to read as follows:
  4 12    1.  With respect to a chief medical officer's report made
  4 13 pursuant to section 229.14, subsection 1, paragraph "b", "c",
  4 14 or "d", or any other provision of this chapter related to
  4 15 involuntary commitment for which the court issues a placement
  4 16 order or a transfer of placement is authorized, the court
  4 17 shall provide notice to the respondent and the respondent's
  4 18 attorney or mental health patient advocate pursuant to section
  4 19 229.19 concerning the placement order and the respondent's
  4 20 right to request a placement hearing to determine if the order
  4 21 for placement or transfer of placement is appropriate.  A copy
  4 22 of the placement order or transfer authorization shall also be
  4 23 provided to the central point of coordination process
  4 24 administrator of the respondent's county of legal settlement.
  4 25    Sec. 8.  Section 229.14A, subsection 7, Code 2005, is
  4 26 amended to read as follows:
  4 27    7.  If a respondent's expenses are payable in whole or in
  4 28 part by a county through the central point of coordination
  4 29 process, notice of a placement hearing shall be provided to
  4 30 the county attorney and the county's central point of
  4 31 coordination process administrator.  At the hearing, the
  4 32 county may present evidence regarding appropriate placement.
  4 33 The central point of coordination process administrator or the
  4 34 administrator's designee shall provide the court with a
  4 35 placement recommendation identifying one or more appropriate
  5  1 hospitals or facilities with an opening available for
  5  2 placement of the respondent.
  5  3    Sec. 9.  Section 229.22, subsection 2, unnumbered paragraph
  5  4 2, Code 2005, is amended to read as follows:
  5  5    If the magistrate orders that the person be detained, the
  5  6 magistrate shall, by the close of business on the next working
  5  7 day, file a written order with the clerk in the county where
  5  8 it is anticipated that an application may be filed under
  5  9 section 229.6.  The order may be filed by facsimile if
  5 10 necessary.  The order shall state the circumstances under
  5 11 which the person was taken into custody or otherwise brought
  5 12 to a facility, and the grounds supporting the finding of
  5 13 probable cause to believe that the person is seriously
  5 14 mentally impaired and likely to injure the person's self or
  5 15 others if not immediately detained.  The order shall confirm
  5 16 the oral order authorizing the person's detention including
  5 17 any order given to transport the person to an appropriate
  5 18 facility.  The clerk shall provide a copy of that order to the
  5 19 central point of coordination process administrator of the
  5 20 county where it is anticipated that an application may be
  5 21 filed under section 229.6, to the chief medical officer of the
  5 22 facility to which the person was originally taken, to any
  5 23 subsequent facility to which the person was transported, and
  5 24 to any law enforcement department or ambulance service that
  5 25 transported the person pursuant to the magistrate's order.
  5 26    Sec. 10.  Section 229.24, subsection 1, Code 2005, is
  5 27 amended to read as follows:
  5 28    1.  All papers and records pertaining to any involuntary
  5 29 hospitalization or application for involuntary hospitalization
  5 30 of any person under this chapter, whether part of the
  5 31 permanent record of the court or a county or of a file in the
  5 32 department of human services, are subject to inspection only
  5 33 upon an order of the court for good cause shown.  Nothing in
  5 34 this section shall prohibit a hospital from complying with the
  5 35 requirements of this chapter and of chapter 230 relative to
  6  1 financial responsibility for the cost of care and treatment
  6  2 provided a patient in that hospital, nor from properly billing
  6  3 any responsible relative or third=party payer for such care
  6  4 and treatment.
  6  5    Sec. 11.  Section 331.424A, Code 2005, is amended by adding
  6  6 the following new subsection:
  6  7    NEW SUBSECTION.  6.  a.  Notwithstanding contrary
  6  8 provisions of this section, a county may request approval of a
  6  9 waiver by the department of management to create a special
  6 10 program fund to receive moneys and to pay the direct and
  6 11 indirect costs of special program services provided to persons
  6 12 eligible for services payable from the services fund.  In
  6 13 requesting the waiver, the county shall provide information
  6 14 detailing how the special fund will be used, the basis upon
  6 15 which moneys will be credited and expended from the special
  6 16 fund, and other information specified by the department of
  6 17 management in order for the department to determine whether
  6 18 the special fund will be used in a manner that is appropriate
  6 19 to distinguish those uses from the uses of the services fund.
  6 20 The department of management may authorize a waiver for a
  6 21 specific term or an indefinite term and a waiver is subject to
  6 22 other conditions that the department may apply to ensure that
  6 23 the special fund is operated solely for the purposes for which
  6 24 the special fund is authorized.  The department's approval of
  6 25 a waiver shall be based upon the department's determination
  6 26 that the special fund will only be used for managing money for
  6 27 special program services provided to persons eligible for
  6 28 services paid from the services fund and are appropriate to
  6 29 distinguish those uses from the uses of the services fund.
  6 30    b.  The special program services may be provided to persons
  6 31 whose service costs are attributable to the county that
  6 32 created the special program fund or to other counties.  In
  6 33 addition to receipts from the services fund of the county that
  6 34 created the special program fund, receipts from federal,
  6 35 state, and other county and governments, and any other
  7  1 revenues associated with the provision of special program
  7  2 services shall be credited to the special program fund.  The
  7  3 levy limitation established pursuant to subsection 4 is not
  7  4 subject to increase as a result of the creation or
  7  5 administration of the special program fund.  The management
  7  6 plans approved pursuant to section 331.439 for the counties
  7  7 purchasing services from the special program fund shall
  7  8 address the services payable from the special program fund and
  7  9 the administration of the special program fund.
  7 10    Sec. 12.  STUDY GROUP.  The supreme court is requested to
  7 11 convene a study group to consider issues relating to the
  7 12 functions performed by patient advocates appointed under
  7 13 chapter 229 and the interaction of patient advocates with
  7 14 other portions of the legal and service systems for persons
  7 15 with mental illness.  If established, the study group shall
  7 16 issue a report to the judicial branch, governor, and general
  7 17 assembly with findings and recommendations on or before
  7 18 December 15, 2005.
  7 19    Sec. 13.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  7 20 3, shall not apply to this Act.
  7 21                           EXPLANATION
  7 22    This bill relates to mental health, mental retardation, and
  7 23 developmental disabilities services by revising involuntary
  7 24 hospitalization procedures involving the county central point
  7 25 of coordination process and patient advocates and authorizes
  7 26 counties to create a special program fund for these services.
  7 27    The bill amends various provisions in Code chapter 229,
  7 28 relating to involuntary hospitalization of persons with
  7 29 serious mental illness.  If a person's hospitalization costs
  7 30 are payable in whole or in part by a county, the county
  7 31 central point of coordination (CPC) administrator, or the
  7 32 administrator's designee, is to assist the court by
  7 33 determining the person's county of legal settlement and
  7 34 notifying the court of the determination.  In addition, the
  7 35 administrator or designee is required to identify one or more
  8  1 hospitals or facilities with an opening available for
  8  2 placement of the person and notify the court.
  8  3    In addition, the CPC administrator is required to develop a
  8  4 plan for addressing emergency examinations and placements
  8  5 under Code chapter 229.  Local hospitals and other service
  8  6 providers are required to be consulted in developing the plan.
  8  7    The bill states that a person who receives confidential
  8  8 information due to the person's responsibilities relating to
  8  9 the central point of coordination process is subject to
  8 10 federal law and other requirements intended to protect
  8 11 confidentiality of information.  Code section 229.24,
  8 12 requiring records of an involuntary hospitalization proceeding
  8 13 to be confidential, is amended to apply to county records of
  8 14 the proceeding.
  8 15    The bill amends Code sections 229.9A and 229.14A, relating
  8 16 to information provided to the patient advocate and placement
  8 17 orders, to require copies of applications, orders, and
  8 18 authorizations to be provided to the county central point of
  8 19 coordination process administrator when they are provided to
  8 20 the patient advocate.
  8 21    Code section 331.424A, creating a county MH/MR/DD services
  8 22 fund in each county to which property tax and other receipts
  8 23 must be credited, is amended.  The bill authorizes counties to
  8 24 request a waiver by the department of management to create a
  8 25 special program fund to be used for receipts and expenditures
  8 26 for special program services provided to persons eligible for
  8 27 services payable from the services fund.  The department may
  8 28 authorize a waiver for a specific term or an indefinite term
  8 29 or apply other conditions.  The special program services may
  8 30 be provided to persons whose service costs are attributable to
  8 31 the county that created the fund or to other counties.  The
  8 32 limitation on county levy authority for the MH/MR/DD services
  8 33 fund is not subject to change due to creation and
  8 34 administration of a special program fund.  The special program
  8 35 services and administration of the special program fund are
  9  1 required to be addressed in the county management plans of the
  9  2 counties purchasing services from the special program fund.
  9  3    The bill requests the supreme court to convene a study
  9  4 group to consider issues relating to the functions performed
  9  5 by patient advocates and the interaction of patient advocates
  9  6 with other portions of the legal and service systems for
  9  7 persons with mental illness.
  9  8    The bill may include a state mandate as defined in Code
  9  9 section 25B.3.  The bill makes inapplicable Code section
  9 10 25B.2, subsection 3, which would relieve a political
  9 11 subdivision from complying with a state mandate if funding for
  9 12 the cost of the state mandate is not provided or specified.
  9 13 Therefore, political subdivisions are required to comply with
  9 14 any state mandate included in the bill.
  9 15 LSB 1957YH 81
  9 16 jp:nh/gg/14