Senate File 239 - Introduced
SENATE FILE
BY HATCH
Passed Senate, Date Passed House, 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 providing for service
3 authorization through the central point of coordination
4 process of a person's county of residence and establishing
5 responsibility for service costs.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 331.440, subsection 3, Code 2005, is
1 2 amended to read as follows:
1 3 3. An application for services may shall be made through
1 4 the central point of coordination process of a person's county
1 5 of residence. However, if a person who is subject to a
1 6 central point of coordination process has legal settlement in
1 7 another county or the costs of services or other support
1 8 provided to the person are the financial responsibility of the
1 9 state, an authorization through the central point of
1 10 coordination process shall be coordinated with the person's
1 11 county of legal settlement or with the state, as applicable.
1 12 The county of residence and county of legal settlement of a
1 13 person subject to a central point of coordination process may
1 14 mutually agree that the central point of coordination process
1 15 functions shall be performed by the central point of
1 16 coordination process of the person's county of legal
1 17 settlement. The person's eligibility for services or other
1 18 support and the services or other support authorized for the
1 19 person shall be determined in accordance with the county
1 20 management plan approved under section 331.439 for the
1 21 person's county of residence, and the person's county of legal
1 22 settlement or the state, as applicable, is responsible for the
1 23 cost of the services or other support authorized.
1 24 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection
1 25 3, shall not apply to this Act.
1 26 EXPLANATION
1 27 This bill relates to mental health, mental retardation, and
1 28 developmental disabilities services by providing for service
1 29 authorization through the central point of coordination
1 30 process of a person's county of residence and providing for
1 31 the payment of service costs.
1 32 Current law is permissive by allowing an application for
1 33 the services to be made through the central point of
1 34 coordination of a person's county of residence while the bill
1 35 requires the application to be made through the county of
2 1 residence. The bill strikes authority in current law allowing
2 2 the county of residence and the county of legal settlement to
2 3 mutually agree for the central point of coordination process
2 4 functions to be performed by the person's county of legal
2 5 settlement. The bill provides that a person's eligibility for
2 6 services and other support and the services and other support
2 7 authorized for the person shall both be determined in
2 8 accordance with the county of residence service management
2 9 plan approved by the department of human services under Code
2 10 section 331.439. The services and other support authorized
2 11 for the person are the financial responsibility of the
2 12 person's county of legal settlement or the state, as
2 13 applicable.
2 14 The bill may include a state mandate as defined in Code
2 15 section 25B.3. The bill makes inapplicable Code section
2 16 25B.2, subsection 3, which would relieve a political
2 17 subdivision from complying with a state mandate if funding for
2 18 the cost of the state mandate is not provided or specified.
2 19 Therefore, political subdivisions are required to comply with
2 20 any state mandate included in the bill.
2 21 LSB 2774XS 81
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