House File 462 - Introduced
HOUSE FILE
BY SMITH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the authority of the mental health, mental
2 retardation, developmental disabilities, and brain injury
3 commission to approve certain rules affecting disability
4 programs and services.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1661HH 82
7 jp/es/88
PAG LIN
1 1 Section 1. Section 225C.6, subsection 1, paragraph b, Code
1 2 2007, is amended to read as follows:
1 3 b. Adopt necessary rules pursuant to chapter 17A which
1 4 relate to disability programs and services, including but not
1 5 limited to definitions of each disability included within the
1 6 term "disability services" as necessary for purposes of state,
1 7 county, and regional planning, programs, and services. If a
1 8 rule affecting disability programs and services is subject to
1 9 adoption by the council on human services or another state
1 10 body, the rule shall not be adopted until the commission has
1 11 reviewed, revised, and approved the final version of the rule.
1 12 Sec. 2. Section 225C.6, subsection 1, paragraph e, Code
1 13 2007, is amended to read as follows:
1 14 e. Unless another governmental body sets standards for a
1 15 service available to persons with disabilities, adopt state
1 16 standards for that service. The commission shall provide that
1 17 a service provider's compliance with standards for a service
1 18 set by a nationally recognized body shall be deemed to be in
1 19 compliance with the state standards adopted by the commission
1 20 for that service. The commission shall adopt state standards
1 21 for those residential and community=based providers of
1 22 services to persons with mental illness or developmental
1 23 disabilities that are not otherwise subject to licensure by
1 24 the department of human services or department of inspections
1 25 and appeals, including but not limited to services payable
1 26 under the adult rehabilitation option of the medical
1 27 assistance program and other disability services payable from
1 28 funds credited to a county mental health, mental retardation,
1 29 and developmental disabilities services fund created in
1 30 section 331.424A. In addition, the commission shall review
1 31 the licensing standards used by the department of human
1 32 services or department of inspections and appeals for those
1 33 facilities providing services to persons with mental illness
1 34 or developmental disabilities. If a rule affecting disability
1 35 programs and services is subject to adoption by the council on
2 1 human services or another state body, the rule shall not be
2 2 adopted until the commission has reviewed, revised, and
2 3 approved the final version of the rule.
2 4 Sec. 3. Section 225C.49, subsection 1, Code 2007, is
2 5 amended to read as follows:
2 6 1. The department shall provide coordination of the
2 7 programs administered by the department which serve
2 8 individuals with a disability and the individuals' families,
2 9 including but not limited to the following juvenile justice
2 10 and child welfare services: family=centered and intensive
2 11 family preservation services described under section 232.102,
2 12 decategorization of child welfare funding provided for under
2 13 section 232.188, and foster care services paid under section
2 14 234.35, subsection 3. The department shall regularly review
2 15 administrative rules associated with such programs and make
2 16 recommendations to the commission, council on human services,
2 17 governor, and general assembly for revisions to remove
2 18 barriers to the programs for individuals with a disability and
2 19 the individuals' families including the following:
2 20 a. Eligibility prerequisites which require declaring the
2 21 individual at risk of abuse, neglect, or out=of=home
2 22 placement.
2 23 b. Time limits on services which restrict addressing
2 24 ongoing needs of individuals with a disability and their
2 25 families.
2 26 Sec. 4. Section 249A.12, subsection 5, paragraph b, Code
2 27 2007, is amended to read as follows:
2 28 b. In implementing the provisions of this subsection, the
2 29 mental health, mental retardation, developmental disabilities,
2 30 and brain injury commission shall consult with other states.
2 31 The waiver revision request or other action necessary to
2 32 assist in the transition of service provision from
2 33 intermediate care facilities for persons with mental
2 34 retardation to alternative programs shall be implemented by
2 35 the department in a manner that can appropriately meet the
3 1 needs of individuals at an overall lower cost to counties, the
3 2 federal government, and the state. In addition, the
3 3 department shall take into consideration significant federal
3 4 changes to the medical assistance program in formulating the
3 5 department's actions under this subsection. The department
3 6 shall consult with the mental health, mental retardation,
3 7 developmental disabilities, and brain injury commission in
3 8 adopting shall review, revise, and approve the final version
3 9 of rules for oversight of facilities converted pursuant to
3 10 this subsection, prior to adoption of the rules. A transition
3 11 approach described in paragraph "a" may be modified as
3 12 necessary to obtain federal waiver approval.
3 13 EXPLANATION
3 14 This bill relates to the authority of the mental health,
3 15 mental retardation, developmental disabilities, and brain
3 16 injury commission to approve certain rules.
3 17 Existing law in Code section 225C.6, relating to the
3 18 commission's duties, provides authority to the commission to
3 19 adopt rules regarding services and other support available to
3 20 a person with mental illness, mental retardation or other
3 21 developmental disability, or brain injury. The bill provides
3 22 that if a rule affecting such services is subject to adoption
3 23 by the council on human services or other state body, the rule
3 24 cannot be adopted until the commission has reviewed, revised,
3 25 and approved the final version of the rule.
3 26 The bill inserts this requirement in a second paragraph of
3 27 Code section 225C.6 involving adoption of standards for
3 28 facilities providing services to persons with disabilities and
3 29 in a Code section 249A.12 requirement involving the transition
3 30 to alternatives to intermediate care facilities for persons
3 31 with mental retardation services. The scope of the Code
3 32 section 225C.6 provision is also amended to explicitly include
3 33 the medical assistance (Medicaid) program and county service
3 34 provisions involving disability services and to strike a
3 35 reference to the rehabilitation option under the Medicaid
4 1 program that is no longer available.
4 2 The bill amends a Code section 225C.49 requirement for the
4 3 department of human services to make recommendations to a list
4 4 of various bodies and persons regarding revisions needed to
4 5 remove barriers for individuals with a disability to include
4 6 the commission in the list of those receiving the
4 7 recommendations.
4 8 LSB 1661HH 82
4 9 jp:rj/es/88