House File 674 - Introduced



                                       HOUSE FILE       
                                       BY  GRANZOW


    Passed House, Date               Passed Senate,  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 2509HH 82
  6 jp/es/88

PAG LIN



  1  1    Section 1.  Section 225C.4, subsection 1, paragraph m, Code
  1  2 2007, 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 2007, 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 2007, 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 2007, 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 assigned to the respondent's county of legal
  2  2 settlement respondent with a copy of the application and any
  2  3 order issued pursuant to section 229.8, subsection 3.  The
  2  4 patient advocate may attend the hospitalization hearing of any
  2  5 respondent for whom the patient advocate has received notice
  2  6 of a hospitalization hearing.
  2  7    Sec. 5.  Section 229.12, subsection 2, Code 2007, 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 assigned to the respondent to attend the
  2 14 hearing.  Upon motion of the county attorney, the judge may
  2 15 exclude the respondent from the hearing during the testimony
  2 16 of any particular witness if the judge determines that
  2 17 witness's testimony is likely to cause the respondent severe
  2 18 emotional trauma.
  2 19    Sec. 6.  Section 229.14A, subsection 1, Code 2007, is
  2 20 amended to read as follows:
  2 21    1.  With respect to a chief medical officer's report made
  2 22 pursuant to section 229.14, subsection 1, paragraph "b", "c",
  2 23 or "d", or any other provision of this chapter related to
  2 24 involuntary commitment for which the court issues a placement
  2 25 order or a transfer of placement is authorized, the court
  2 26 shall provide notice to the respondent and the respondent's
  2 27 attorney or mental health patient advocate appointed pursuant
  2 28 to section 229.19 concerning the placement order and the
  2 29 respondent's right to request a placement hearing to determine
  2 30 if the order for placement or transfer of placement is
  2 31 appropriate.
  2 32    Sec. 7.  Section 229.15, subsection 5, Code 2007, is
  2 33 amended to read as follows:
  2 34    5.  Upon receipt of any report required or authorized by
  2 35 this section the court shall furnish a copy to the patient's
  3  1 attorney, or alternatively to the patient advocate appointed
  3  2 as required by section 229.19.  The court shall examine the
  3  3 report and take the action thereon which it on the report as
  3  4 the court deems appropriate.  Should the court fail to receive
  3  5 any report required by this section or section 229.14 at the
  3  6 time the report is due, the court shall investigate the reason
  3  7 for the failure to report and take whatever action may be
  3  8 necessary in the matter.
  3  9    Sec. 8.  Section 229.19, Code 2007, is amended to read as
  3 10 follows:
  3 11    229.19  ADVOCATES == DUTIES == COMPENSATION == STATE AND
  3 12 COUNTY LIABILITY.
  3 13    1.  The district court in each county with a population of
  3 14 under three hundred thousand inhabitants and the board of
  3 15 supervisors in each county with a population of three hundred
  3 16 thousand or more inhabitants For each judicial district, the
  3 17 chief judge of the judicial district shall appoint an at least
  3 18 one individual who has demonstrated by prior activities an
  3 19 informed concern for the welfare and rehabilitation of persons
  3 20 with mental illness, and who is not an officer or employee of
  3 21 the department of human services nor or of any agency or
  3 22 facility providing care or treatment to persons with mental
  3 23 illness, to act as patient advocate representing.  A patient
  3 24 advocate shall represent the interests of patients
  3 25 involuntarily hospitalized by the court, in any matter
  3 26 relating to the patients' hospitalization or treatment under
  3 27 section 229.14 or 229.15.
  3 28    2.  The court or, if the advocate is appointed by the
  3 29 county board of supervisors, the board shall assign the
  3 30 patient advocate appointed from a patient's county of legal
  3 31 settlement for each patient to represent the interests of the
  3 32 patient.  If a patient has no county of legal settlement, the
  3 33 court or, if the advocate is appointed by the county board of
  3 34 supervisors, the board shall assign the advocate appointed
  3 35 from the county where the hospital or facility is located to
  4  1 represent the interests of the patient.
  4  2    3.  The patient advocate's responsibility with respect to
  4  3 any a patient shall begin at whatever the time the attorney
  4  4 employed or appointed to represent that patient as respondent
  4  5 in hospitalization proceedings, conducted under sections 229.6
  4  6 to 229.13 this chapter, reports to the court that the
  4  7 attorney's services are no longer required and requests the
  4  8 court's approval to withdraw as counsel for that patient.
  4  9 However, if the patient is found to be seriously mentally
  4 10 impaired at the hospitalization hearing, the attorney
  4 11 representing the patient shall automatically be relieved of
  4 12 responsibility in the case and an a patient advocate shall be
  4 13 assigned to the patient at the conclusion of the hearing
  4 14 unless the attorney indicates an intent to continue the
  4 15 attorney's services and the court directs the attorney to do
  4 16 so directs.  If the court directs the attorney to remain on
  4 17 the case, the attorney shall assume all the duties of an a
  4 18 patient advocate.  The clerk shall furnish the patient
  4 19 advocate with a copy of the court's order approving the
  4 20 withdrawal and shall inform the patient of the name of the
  4 21 patient's advocate.
  4 22    4.  With regard to each patient whose interests the patient
  4 23 advocate is required to represent pursuant to this section,
  4 24 the patient advocate's duties shall include all of the
  4 25 following:
  4 26    a.  To review each report submitted pursuant to sections
  4 27 229.14 and 229.15.
  4 28    b.  If the patient advocate is not an attorney, to advise
  4 29 the court at any time it appears that the services of an
  4 30 attorney are required to properly safeguard the patient's
  4 31 interests.
  4 32    c.  To make the advocate be readily accessible to
  4 33 communications from the patient and to originate
  4 34 communications with the patient within five days of the
  4 35 patient's commitment.
  5  1    d.  To visit the patient within fifteen days of the
  5  2 patient's commitment and periodically thereafter.
  5  3    e.  To communicate with medical personnel treating the
  5  4 patient and to review the patient's medical records pursuant
  5  5 to section 229.25.
  5  6    f.  To file with the court quarterly reports, and
  5  7 additional reports as the patient advocate feels are necessary
  5  8 or as required by the court, in a form prescribed by the
  5  9 court.  The reports shall state what actions the patient
  5 10 advocate has taken with respect to each patient and the amount
  5 11 of time spent.
  5 12    2. 5.  The hospital or facility to which a patient is
  5 13 committed shall grant all reasonable requests of the patient
  5 14 advocate to visit the patient, to communicate with medical
  5 15 personnel treating the patient, and to review the patient's
  5 16 medical records pursuant to section 229.25.  An A patient
  5 17 advocate shall not disseminate information from a patient's
  5 18 medical records to any other person unless done for official
  5 19 purposes in connection with the patient advocate's duties
  5 20 pursuant to this chapter or when as required by law.
  5 21    3. 6.  The supreme court or, if the advocate is appointed
  5 22 by the county board of supervisors, the board shall prescribe
  5 23 reasonable compensation policies for the services of the
  5 24 advocate patient advocates.  The compensation shall may, in
  5 25 part, be based upon the reports filed by the patient advocate
  5 26 with the court.  The advocate's compensation shall be paid by
  5 27 the county in which the court is located, either on order of
  5 28 the court or, if the advocate is appointed by the county board
  5 29 of supervisors, on the direction of the board.  If the
  5 30 advocate is appointed by the court, the advocate is an
  5 31 employee of the state for purposes of chapter 669.  If the
  5 32 advocate is appointed by the county board of supervisors, the
  5 33 advocate is an employee of the county for purposes of chapter
  5 34 670.
  5 35    7.  If the patient or the person who is legally liable for
  6  1 the patient's support is not indigent, the board district
  6  2 court shall recover the costs of compensating the patient
  6  3 advocate from that person.  If that person has an income level
  6  4 as determined pursuant to section 815.9 greater than one
  6  5 hundred percent but not more than one hundred fifty percent of
  6  6 the poverty guidelines, at least one hundred dollars of the
  6  7 patient advocate's compensation shall be recovered in the
  6  8 manner prescribed by the county board of supervisors supreme
  6  9 court.  If that person has an income level as determined
  6 10 pursuant to section 815.9 greater than one hundred fifty
  6 11 percent of the poverty guidelines, at least two hundred
  6 12 dollars of the patient advocate's compensation shall be
  6 13 recovered in substantially the same manner prescribed by the
  6 14 county board of supervisors as provided in section 815.9.
  6 15    Sec. 9.  Section 229.25, subsection 1, Code 2007, is
  6 16 amended to read as follows:
  6 17    1.  The information is requested by a licensed physician,
  6 18 attorney, or patient advocate who provides the chief medical
  6 19 officer with a written waiver signed by the person about whom
  6 20 the information is sought.
  6 21    Sec. 10.  Section 602.1102, Code 2007, is amended by adding
  6 22 the following new subsection:
  6 23    NEW SUBSECTION.  6A.  Patient advocates appointed pursuant
  6 24 to section 229.19.
  6 25    Sec. 11.  ACCRUED EMPLOYEE RIGHTS.
  6 26    1.  Patient advocates appointed pursuant to section 229.19
  6 27 shall become employees of the judicial branch effective July
  6 28 1, 2007, and the judicial branch shall assume all costs
  6 29 associated with the functions of the patient advocates on that
  6 30 date.  Patient advocates who were paid salaries by the
  6 31 counties immediately prior to becoming state employees as a
  6 32 result of this Act shall not forfeit accrued vacation, accrued
  6 33 sick leave, or longevity, except as provided in this section.
  6 34    2.  The supreme court, after consulting with the department
  6 35 of administrative services, shall prescribe rules to provide
  7  1 for the following:
  7  2    a.  A person referred to in subsection 1 shall have to the
  7  3 person's credit as a state employee commencing on the date of
  7  4 becoming a state employee the number of accrued vacation days
  7  5 that was credited to the person as a county employee as of the
  7  6 end of the day prior to becoming a state employee.
  7  7    b.  Each person referred to in subsection 1 shall have to
  7  8 the person's credit as a state employee commencing on the date
  7  9 of becoming a state employee the number of accrued days of
  7 10 sick leave that was credited to the person as a county
  7 11 employee as of the end of the day prior to becoming a state
  7 12 employee.  However, the number of days of sick leave credited
  7 13 to a person under this subsection and eligible to be taken
  7 14 when sick or eligible to be received upon retirement shall not
  7 15 respectively exceed the maximum number of days, if any, or the
  7 16 maximum dollar amount as provided in section 70A.23 that state
  7 17 employees generally are entitled to accrue or receive
  7 18 according to rules in effect as of the date the person becomes
  7 19 a state employee, except as otherwise provided in section
  7 20 602.1401.
  7 21    c.  Commencing on the date of becoming a state employee,
  7 22 each person referred to in subsection 1 is entitled to claim
  7 23 the person's most recent continuous period of service in full=
  7 24 time county employment as full=time state employment for
  7 25 purposes of determining the number of days of vacation which
  7 26 the person is entitled to earn each year.  The actual vacation
  7 27 benefit, including the limitation on the maximum accumulated
  7 28 vacation leave, shall be determined as provided in section
  7 29 70A.1 according to rules in effect for state employees of
  7 30 comparable longevity, irrespective of any greater or lesser
  7 31 benefit as a county employee.
  7 32    3.  Persons referred to in subsection 1 who were covered by
  7 33 county employee life insurance and health and accident
  7 34 insurance plans prior to becoming state employees as a result
  7 35 of this Act shall be permitted to apply prior to becoming
  8  1 state employees for life insurance and health and accident
  8  2 insurance plans that are available to state employees so that
  8  3 those persons do not suffer a lapse of insurance coverage as a
  8  4 result of this Act.  The supreme court, after consulting with
  8  5 the department of administrative services, shall prescribe
  8  6 rules and distribute application forms and take other actions
  8  7 as necessary to enable those persons to elect to have
  8  8 insurance coverage that is in effect on the date of becoming
  8  9 state employees.  The actual insurance coverage available to a
  8 10 person shall be determined by the plans that are available to
  8 11 state employees, irrespective of any greater or lesser
  8 12 benefits as a county employee.
  8 13    4.  Commencing on the date of becoming a state employee,
  8 14 each person referred to in subsection 1 is entitled to claim
  8 15 the person's most recent continuous period of service in full=
  8 16 time county employment as full=time state employment for
  8 17 purposes of determining disability benefits as provided in
  8 18 section 70A.20 according to rules in effect for state
  8 19 employees of comparable longevity, irrespective of any greater
  8 20 or lesser benefit as a county employee.
  8 21                           EXPLANATION
  8 22    This bill provides for district court appointment and
  8 23 judicial branch compensation of all patient advocates for
  8 24 persons who have been involuntarily hospitalized for mental
  8 25 illness.  Under current law, except in counties with a
  8 26 population of 300,000 or more where the patient advocate is
  8 27 appointed by the county board of supervisors, the district
  8 28 court appoints the advocate but the compensation is paid by
  8 29 the county.  The bill provides for assignment of the patient
  8 30 advocate by the court with jurisdiction in the involuntary
  8 31 hospitalization proceeding rather than based upon the county
  8 32 of legal settlement, as is provided in current law.  The chief
  8 33 judge of a judicial district is authorized to appoint one or
  8 34 more patient advocates for the judicial district.
  8 35    Code section 602.1102 is amended to include patient
  9  1 advocates in the list of employment positions that make up the
  9  2 judicial branch.
  9  3    The bill also amends other Code sections to conform usage
  9  4 of the term "patient advocate".
  9  5    A person who was employed by a county in service as a
  9  6 patient advocate but who becomes a court employee as a result
  9  7 of the bill retains accrued vacation, accrued sick leave, and
  9  8 longevity credit as provided in a transition section included
  9  9 in the bill.
  9 10 LSB 2509HH 82
  9 11 jp:rj/es/88.1