House File 785 - Introduced
HOUSE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO HSB 223)
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,
2 developmental disabilities, and brain injury service
3 requirements and including an effective and applicability
4 date.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1611HV 81
7 jp/sh/8
PAG LIN
1 1 Section 1. Section 225C.6A, subsection 2, paragraph d,
1 2 Code 2005, is amended by striking the paragraph and inserting
1 3 in lieu thereof the following:
1 4 d. During the fiscal year beginning July 1, 2005, develop
1 5 uniform functional assessment tools and processes for adult
1 6 persons receiving disability services funded by the state or
1 7 counties.
1 8 Sec. 2. Section 331.439, Code 2005, is amended by adding
1 9 the following new subsection:
1 10 NEW SUBSECTION. 9. The county management plan shall
1 11 comply with the minimum standards for the services and other
1 12 support required to be available to persons covered by the
1 13 plan in accordance with administrative rules adopted by the
1 14 state commission to implement this subsection. The rules
1 15 shall address processes for managing utilization and access to
1 16 services and other support, including but not limited to the
1 17 usage of fiscal management practices if state or county
1 18 funding is insufficient to pay the costs of the services and
1 19 other support required to be available. The initial minimum
1 20 standards shall require the provision of the following
1 21 services and other support, based upon an individual having
1 22 the specified primary diagnosis:
1 23 a. For persons with mental illness:
1 24 (1) Consultation.
1 25 (2) Payment of costs associated with commitment
1 26 proceedings that are a county responsibility, including but
1 27 not limited to costs for diagnostic evaluations,
1 28 transportation by the sheriff, legal representation, and the
1 29 patient advocate.
1 30 (3) Inpatient psychiatric evaluation and treatment in a
1 31 county=designated hospital.
1 32 (4) Inpatient treatment provided at a state mental health
1 33 institute.
1 34 (5) Outpatient treatment.
1 35 (6) Prescription medication.
2 1 b. For persons with chronic mental illness:
2 2 (1) Case management or service coordination.
2 3 (2) Consultation.
2 4 (3) Payment of costs associated with commitment
2 5 proceedings that are a county responsibility, including but
2 6 not limited to costs for diagnostic evaluations,
2 7 transportation by the sheriff, legal representation, and the
2 8 patient advocate.
2 9 (4) Employment=related services, including but not limited
2 10 to sheltered workshop, work activity, and supported
2 11 employment.
2 12 (5) Inpatient psychiatric evaluation and treatment in a
2 13 county=designated hospital.
2 14 (6) Inpatient treatment provided at a state mental health
2 15 institute.
2 16 (7) Outpatient treatment, including but not limited to
2 17 partial hospitalization and day treatment.
2 18 (8) Prescription medication.
2 19 (9) Residential services, including but not limited to
2 20 services provided by a residential care facility, a
2 21 residential care facility for persons with mental illness, and
2 22 a supported community living service.
2 23 (10) Transportation not related to commitment proceedings.
2 24 c. For persons with mental retardation:
2 25 (1) Case management or service coordination, whether
2 26 funded through the medical assistance program or entirely by
2 27 the county.
2 28 (2) Payment of costs associated with commitment
2 29 proceedings that are a county responsibility, including but
2 30 not limited to costs for diagnostic evaluations,
2 31 transportation by the sheriff, and legal representation.
2 32 (3) Daily living support services including but not
2 33 limited to adult day care, home and vehicle modification, and
2 34 respite care.
2 35 (4) Employment=related services, including but not limited
3 1 to adult day care, sheltered workshop, work activity, and
3 2 supported employment.
3 3 (5) Inpatient psychiatric evaluation and treatment in a
3 4 county=designated hospital.
3 5 (6) Inpatient treatment provided at a state resource
3 6 center.
3 7 (7) Outpatient treatment, including but not limited to
3 8 partial hospitalization and day treatment.
3 9 (8) Residential services, including but not limited to
3 10 services provided by an enclave, a community=supported
3 11 apartment living arrangement, intermediate care facility for
3 12 persons with mental retardation, a residential care facility,
3 13 a residential care facility for persons with mental
3 14 retardation, and a supported community living service.
3 15 (9) Transportation not related to commitment proceedings.
3 16 d. For persons with a developmental disability other than
3 17 mental retardation:
3 18 (1) Case management funded through the medical assistance
3 19 program.
3 20 (2) Payment of costs associated with commitment
3 21 proceedings that are a county responsibility, including but
3 22 not limited to costs for diagnostic evaluations,
3 23 transportation by the sheriff, and legal representation.
3 24 (3) Employment=related services, including but not limited
3 25 to sheltered workshop, work activity, and supported
3 26 employment.
3 27 (4) Inpatient treatment provided at a state resource
3 28 center.
3 29 (5) Residential services, including but not limited to
3 30 services provided by an enclave, a community=supported
3 31 apartment living arrangement, an intermediate care facility
3 32 for persons with mental retardation, a residential care
3 33 facility, and a residential care facility for persons with
3 34 mental retardation.
3 35 e. For persons with brain injury, services under the
4 1 medical assistance program home and community=based services
4 2 brain injury waiver that are received while utilizing an
4 3 approved waiver opening.
4 4 Sec. 3. Section 331.440, subsection 3, Code 2005, is
4 5 amended to read as follows:
4 6 3. a. An application for services may shall be made
4 7 through the central point of coordination process of a
4 8 person's county of residence. However, if If a person who is
4 9 subject to a central point of coordination process has legal
4 10 settlement in another county or the costs of services or other
4 11 support provided to the person are the financial
4 12 responsibility of the state, except for services or other
4 13 support that are subject to the minimum standards adopted
4 14 pursuant to section 331.439, subsection 9, an authorization
4 15 for services or other support through the central point of
4 16 coordination process shall be coordinated with the person's
4 17 county of legal settlement or with the state, as applicable.
4 18 The county of residence and county of legal settlement of a
4 19 person subject to a central point of coordination process may
4 20 mutually agree that the central point of coordination process
4 21 functions shall be performed by the central point of
4 22 coordination process of the person's county of legal
4 23 settlement.
4 24 b. The person's eligibility and the authorization for
4 25 services or other support that are subject to the minimum
4 26 standards adopted pursuant to section 331.439, subsection 9,
4 27 shall be determined by the person's county of residence in
4 28 accordance with the county's management plan approved under
4 29 section 331.439 and the person's county of legal settlement or
4 30 the state, as applicable, is responsible for the cost of the
4 31 services or other support authorized. The amount and duration
4 32 of such services and other support that are paid for under a
4 33 medical assistance program managed care contract shall be
4 34 determined in accordance with the contract.
4 35 Sec. 4. PSYCHOTROPIC MEDICATION PILOT PROJECT. The
5 1 department of human services shall issue a request for
5 2 proposals during the fiscal year beginning July 1, 2005, for a
5 3 pilot project based out of a community mental health center
5 4 for providing no or low cost psychotropic medications to low
5 5 income persons who are in need of treatment with the
5 6 medications.
5 7 Sec. 5. EFFECTIVE AND APPLICABILITY DATE. The amendments
5 8 to sections 331.439 and 331.440, enacted by this Act take
5 9 effect July 1, 2006. The mental health, mental retardation,
5 10 developmental disabilities, and brain injury commission shall
5 11 act in advance of that effective date by adopting rules to
5 12 implement the provisions that take effect July 1, 2006.
5 13 EXPLANATION
5 14 This bill relates to mental health, mental retardation,
5 15 developmental disabilities, and brain injury (MH/MR/DD/BI)
5 16 service requirements.
5 17 Code section 225C.6A, relating to implementation of a
5 18 redesign of the MH/MR/DD/BI service system, is amended by
5 19 striking and replacing a provision for the MH/MR/DD/BI
5 20 commission to identify and propose standardized functional
5 21 assessment tools and processes for use in the eligibility
5 22 determination process. Instead the commission is directed to
5 23 develop during fiscal year 2005=2006 uniform functional
5 24 assessment tools and processes for adult persons receiving
5 25 MH/MR/DD/BI services funded by the state or counties.
5 26 Code section 331.439, relating to county management plans
5 27 implemented by counties for MH/MR/DD/BI services, is amended
5 28 to require the plans to comply with the minimum standards for
5 29 the services and other support required to be available to the
5 30 persons covered by the plan. The bill provides a list of
5 31 services and other support that are required to be provided
5 32 under the initial minimum standards. There is a separate list
5 33 of minimum services provided for each of the following primary
5 34 diagnoses: mental illness, chronic mental illness, mental
5 35 retardation, developmental disability other than mental
6 1 retardation, and brain injury.
6 2 Code section 331.440, relating to the county central point
6 3 of coordination (CPC) for MH/MR/DD services, is amended.
6 4 Under current law a person's application for the services may
6 5 be made through the person's county of residence and
6 6 coordinated with the person's county of legal settlement. The
6 7 bill requires applications to be submitted through the county
6 8 of residence for the services and other support that are
6 9 subject to the minimum standards required by the bill. The
6 10 county of legal settlement or the state, as applicable, is
6 11 responsible for the costs of the services or other support
6 12 provided.
6 13 The bill directs the department of human services to issue
6 14 a request for proposals during fiscal year 2005=2006 for a
6 15 pilot project based out of a community mental health center
6 16 for providing no or low cost psychotropic medications to low
6 17 income persons who are in need of treatment with the
6 18 medications.
6 19 The amendments to Code sections 331.439 and 331.440 take
6 20 effect July 1, 2006, but the MH/MR/DD/BI commission is
6 21 directed to act prior to that date in order to adopt
6 22 administrative rules for implementation of the provisions that
6 23 take effect July 1, 2006.
6 24 LSB 1611HV 81
6 25 jp:nh/sh/8