Senate File 131 - Introduced
SENATE FILE
BY TINSMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for judicial branch employment and compensation
2 of patient advocates for persons involuntarily hospitalized
3 for mental illness.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1326SS 81
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PAG LIN
1 1 Section 1. Section 225C.4, subsection 1, paragraph m, Code
1 2 2005, is amended to read as follows:
1 3 m. Provide consultation and technical assistance to
1 4 patients' patient advocates appointed pursuant to section
1 5 229.19, in cooperation with the judicial branch and the
1 6 resident advocate committees appointed for health care
1 7 facilities pursuant to section 135C.25.
1 8 Sec. 2. Section 226.31, Code 2005, is amended to read as
1 9 follows:
1 10 226.31 EXAMINATION BY COURT == NOTICE.
1 11 Before granting the order authorized in section 226.30 the
1 12 court or judge shall investigate the allegations of the
1 13 petition and before proceeding to a hearing on the allegations
1 14 shall require notice to be served on the attorney who
1 15 represented the patient in any prior proceedings under
1 16 sections 229.6 to 229.15 or the patient advocate appointed
1 17 under section 229.19, or in the case of a patient who entered
1 18 the hospital voluntarily, on any relative, friend, or guardian
1 19 of the person in question of the filing of the application.
1 20 At the hearing the court or judge shall appoint a guardian ad
1 21 litem for the person, if the court or judge deems such action
1 22 necessary to protect the rights of the person. The guardian
1 23 ad litem shall be a practicing attorney.
1 24 Sec. 3. Section 229.2, subsection 1, paragraph f, Code
1 25 2005, is amended to read as follows:
1 26 f. Upon approval of the admission of a minor over the
1 27 minor's objections, the juvenile court shall appoint an
1 28 individual to act as an a patient advocate representing the
1 29 interests of the minor in the same manner as an a patient
1 30 advocate representing the interests of patients involuntarily
1 31 hospitalized pursuant to section 229.19 under this chapter.
1 32 Sec. 4. Section 229.9A, Code 2005, is amended to read as
1 33 follows:
1 34 229.9A PATIENT ADVOCATE INFORMED.
1 35 The court shall direct the clerk to furnish the patient
2 1 advocate of for the respondent's county of legal settlement
2 2 with a copy of the application and any order issued pursuant
2 3 to section 229.8, subsection 3. The patient advocate may
2 4 attend the hospitalization hearing of any respondent for whom
2 5 the patient advocate has received notice of a hospitalization
2 6 hearing.
2 7 Sec. 5. Section 229.12, subsection 2, Code 2005, is
2 8 amended to read as follows:
2 9 2. All persons not necessary for the conduct of the
2 10 proceeding shall be excluded, except that the court may admit
2 11 persons having a legitimate interest in the proceeding and
2 12 shall permit the patient advocate from the respondent's county
2 13 of legal settlement to attend the hearing. Upon motion of the
2 14 county attorney, the judge may exclude the respondent from the
2 15 hearing during the testimony of any particular witness if the
2 16 judge determines that witness's testimony is likely to cause
2 17 the respondent severe emotional trauma.
2 18 Sec. 6. Section 229.14A, subsection 1, Code 2005, is
2 19 amended to read as follows:
2 20 1. With respect to a chief medical officer's report made
2 21 pursuant to section 229.14, subsection 1, paragraph "b", "c",
2 22 or "d", or any other provision of this chapter related to
2 23 involuntary commitment for which the court issues a placement
2 24 order or a transfer of placement is authorized, the court
2 25 shall provide notice to the respondent and the respondent's
2 26 attorney or mental health patient advocate appointed pursuant
2 27 to section 229.19 concerning the placement order and the
2 28 respondent's right to request a placement hearing to determine
2 29 if the order for placement or transfer of placement is
2 30 appropriate.
2 31 Sec. 7. Section 229.15, subsection 5, Code 2005, is
2 32 amended to read as follows:
2 33 5. Upon receipt of any report required or authorized by
2 34 this section the court shall furnish a copy to the patient's
2 35 attorney, or alternatively to the patient advocate appointed
3 1 as required by section 229.19. The court shall examine the
3 2 report and take the action thereon which it on the report as
3 3 the court deems appropriate. Should the court fail to receive
3 4 any report required by this section or section 229.14 at the
3 5 time the report is due, the court shall investigate the reason
3 6 for the failure to report and take whatever action may be
3 7 necessary in the matter.
3 8 Sec. 8. Section 229.19, Code 2005, is amended to read as
3 9 follows:
3 10 229.19 PATIENT ADVOCATES == DUTIES == COMPENSATION ==
3 11 STATE AND COUNTY LIABILITY.
3 12 1. The district court in each county with a population of
3 13 under three hundred thousand inhabitants and the board of
3 14 supervisors in each county with a population of three hundred
3 15 thousand or more inhabitants The supreme court shall appoint
3 16 provide for the appointment for each county of an individual
3 17 who has demonstrated by prior activities an informed concern
3 18 for the welfare and rehabilitation of persons with mental
3 19 illness, and who is not an officer or employee of the
3 20 department of human services nor or of any agency or facility
3 21 providing care or treatment to persons with mental illness, to
3 22 act as patient advocate representing for the county. A
3 23 patient advocate shall represent the interests of patients
3 24 involuntarily hospitalized by the court, in any matter
3 25 relating to the patients' hospitalization or treatment under
3 26 section 229.14 or 229.15.
3 27 2. The court or, if the advocate is appointed by the
3 28 county board of supervisors, the board shall assign the
3 29 patient advocate appointed from for a patient's county of
3 30 legal settlement to represent the interests of the patient.
3 31 If a patient has no county of legal settlement, the court or,
3 32 if the advocate is appointed by the county board of
3 33 supervisors, the board shall assign the patient advocate
3 34 appointed from for the county where the hospital or facility
3 35 is located to represent the interests of the patient.
4 1 3. The patient advocate's responsibility with respect to
4 2 any a patient shall begin at whatever the time the attorney
4 3 employed or appointed to represent that patient as respondent
4 4 in hospitalization proceedings, conducted under sections 229.6
4 5 to 229.13 this chapter, reports to the court that the
4 6 attorney's services are no longer required and requests the
4 7 court's approval to withdraw as counsel for that patient.
4 8 However, if the patient is found to be seriously mentally
4 9 impaired at the hospitalization hearing, the attorney
4 10 representing the patient shall automatically be relieved of
4 11 responsibility in the case and an a patient advocate shall be
4 12 assigned to the patient at the conclusion of the hearing
4 13 unless the attorney indicates an intent to continue the
4 14 attorney's services and the court so directs. If the court
4 15 directs the attorney to remain on the case the attorney shall
4 16 assume all the duties of an a patient advocate. The clerk
4 17 shall furnish the patient advocate with a copy of the court's
4 18 order approving the withdrawal and shall inform the patient of
4 19 the name of the patient's advocate.
4 20 4. With regard to each patient whose interests the patient
4 21 advocate is required to represent pursuant to this section,
4 22 the patient advocate's duties shall include all of the
4 23 following:
4 24 1. a. To review each report submitted pursuant to
4 25 sections 229.14 and 229.15.
4 26 2. b. If the patient advocate is not an attorney, to
4 27 advise the court at any time it appears that the services of
4 28 an attorney are required to properly safeguard the patient's
4 29 interests.
4 30 3. c. To make the advocate be readily accessible to
4 31 communications from the patient and to originate
4 32 communications with the patient within five days of the
4 33 patient's commitment.
4 34 4. d. To visit the patient within fifteen days of the
4 35 patient's commitment and periodically thereafter.
5 1 5. e. To communicate with medical personnel treating the
5 2 patient and to review the patient's medical records pursuant
5 3 to section 229.25.
5 4 6. f. To file with the court quarterly reports, and
5 5 additional reports as the patient advocate feels necessary or
5 6 as required by the court, in a form prescribed by the court.
5 7 The reports shall state what actions the patient advocate has
5 8 taken with respect to each patient and the amount of time
5 9 spent.
5 10 5. The hospital or facility to which a patient is
5 11 committed shall grant all reasonable requests of the patient
5 12 advocate to visit the patient, to communicate with medical
5 13 personnel treating the patient, and to review the patient's
5 14 medical records pursuant to section 229.25. An A patient
5 15 advocate shall not disseminate information from a patient's
5 16 medical records to any other person unless done for official
5 17 purposes in connection with the patient advocate's duties
5 18 pursuant to this chapter or when as required by law.
5 19 6. The court or, if the advocate is appointed by the
5 20 county board of supervisors, the board supreme court shall
5 21 prescribe reasonable compensation policies for the services of
5 22 the advocate patient advocates. The compensation shall may,
5 23 in part, be based upon the reports filed by the patient
5 24 advocate with the court. The advocate's compensation shall be
5 25 paid by the county in which the court is located, either on
5 26 order of the court or, if the advocate is appointed by the
5 27 county board of supervisors, on the direction of the board.
5 28 If the advocate is appointed by the court, the advocate is an
5 29 employee of the state for purposes of chapter 669. If the
5 30 advocate is appointed by the county board of supervisors, the
5 31 advocate is an employee of the county for purposes of chapter
5 32 670.
5 33 7. If the patient or the person who is legally liable for
5 34 the patient's support is not indigent, the board judicial
5 35 branch shall recover the costs of compensating the patient
6 1 advocate from that person. If that person has an income level
6 2 as determined pursuant to section 815.9 greater than one
6 3 hundred percent but not more than one hundred fifty percent of
6 4 the poverty guidelines, at least one hundred dollars of the
6 5 patient advocate's compensation shall be recovered in the
6 6 manner prescribed by the county board of supervisors supreme
6 7 court. If that person has an income level as determined
6 8 pursuant to section 815.9 greater than one hundred fifty
6 9 percent of the poverty guidelines, at least two hundred
6 10 dollars of the patient advocate's compensation shall be
6 11 recovered in substantially the same manner prescribed by the
6 12 county board of supervisors as provided in section 815.7
6 13 815.9.
6 14 Sec. 9. Section 229.25, subsection 1, Code 2005, is
6 15 amended to read as follows:
6 16 1. The information is requested by a licensed physician,
6 17 attorney, or patient advocate who provides the chief medical
6 18 officer with a written waiver signed by the person about whom
6 19 the information is sought.
6 20 Sec. 10. Section 602.1102, Code 2005, is amended by adding
6 21 the following new subsection:
6 22 NEW SUBSECTION. 6A. Patient advocates appointed pursuant
6 23 to section 229.19.
6 24 Sec. 11. ACCRUED EMPLOYEE RIGHTS.
6 25 1. Patient advocates appointed pursuant to section 229.19
6 26 shall become employees of the judicial branch effective July
6 27 1, 2005, and the judicial branch shall assume all costs
6 28 associated with the functions of the patient advocates on that
6 29 date. Patient advocates who were paid salaries by the
6 30 counties immediately prior to becoming state employees as a
6 31 result of this Act shall not forfeit accrued vacation, accrued
6 32 sick leave, or longevity, except as provided in this section.
6 33 2. The supreme court, after consulting with the department
6 34 of administrative services, shall prescribe rules to provide
6 35 for the following:
7 1 a. A person referred to in subsection 1 shall have to the
7 2 person's credit as a state employee commencing on the date of
7 3 becoming a state employee the number of accrued vacation days
7 4 that was credited to the person as a county employee as of the
7 5 end of the day prior to becoming a state employee.
7 6 b. Each person referred to in subsection 1 shall have to
7 7 the person's credit as a state employee commencing on the date
7 8 of becoming a state employee the number of accrued days of
7 9 sick leave that was credited to the person as a county
7 10 employee as of the end of the day prior to becoming a state
7 11 employee. However, the number of days of sick leave credited
7 12 to a person under this subsection and eligible to be taken
7 13 when sick or eligible to be received upon retirement shall not
7 14 respectively exceed the maximum number of days, if any, or the
7 15 maximum dollar amount as provided in section 70A.23 that state
7 16 employees generally are entitled to accrue or receive
7 17 according to rules in effect as of the date the person becomes
7 18 a state employee, except as otherwise provided in section
7 19 602.1401.
7 20 c. Commencing on the date of becoming a state employee,
7 21 each person referred to in subsection 1 is entitled to claim
7 22 the person's most recent continuous period of service in full=
7 23 time county employment as full=time state employment for
7 24 purposes of determining the number of days of vacation which
7 25 the person is entitled to earn each year. The actual vacation
7 26 benefit, including the limitation on the maximum accumulated
7 27 vacation leave, shall be determined as provided in section
7 28 70A.1 according to rules in effect for state employees of
7 29 comparable longevity, irrespective of any greater or lesser
7 30 benefit as a county employee.
7 31 3. Persons referred to in subsection 1 who were covered by
7 32 county employee life insurance and accident and health
7 33 insurance plans prior to becoming state employees as a result
7 34 of this Act shall be permitted to apply prior to becoming
7 35 state employees for life insurance and health and accident
8 1 insurance plans that are available to state employees so that
8 2 those persons do not suffer a lapse of insurance coverage as a
8 3 result of this Act. The supreme court, after consulting with
8 4 the department of administrative services, shall prescribe
8 5 rules and distribute application forms and take other actions
8 6 as necessary to enable those persons to elect to have
8 7 insurance coverage that is in effect on the date of becoming
8 8 state employees. The actual insurance coverage available to a
8 9 person shall be determined by the plans that are available to
8 10 state employees, irrespective of any greater or lesser
8 11 benefits as a county employee.
8 12 4. Commencing on the date of becoming a state employee,
8 13 each person referred to in subsection 1 is entitled to claim
8 14 the person's most recent continuous period of service in full=
8 15 time county employment as full=time state employment for
8 16 purposes of determining disability benefits as provided in
8 17 section 70A.20 according to rules in effect for state
8 18 employees of comparable longevity, irrespective of any greater
8 19 or lesser benefit as a county employee.
8 20 EXPLANATION
8 21 This bill provides for judicial branch appointment and
8 22 compensation of patient advocates for persons who have been
8 23 involuntarily hospitalized for mental illness. Under current
8 24 law, except in counties with a population of 300,000 or more
8 25 where the patient advocate is appointed by the county board of
8 26 supervisors, the district court appoints the advocate but the
8 27 compensation is paid by the county.
8 28 Code section 602.1102 is amended to include patient
8 29 advocates in the list of employment positions that make up the
8 30 judicial branch.
8 31 The bill also amends other Code sections to conform usage
8 32 of the term "patient advocate". A person who was employed by
8 33 a county in service as a patient advocate but who becomes a
8 34 court employee as a result of the bill retains accrued
8 35 vacation, accrued sick leave, and longevity credit as provided
9 1 in a transition section included in the bill.
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