House Study Bill 226 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            HUMAN RESOURCES BILL
                                            BY CHAIRPERSON SMITH)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to financial liability for the costs of services
  2    paid by a county for a person with mental illness.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2522HC 83
  5 jp/rj/24

PAG LIN



  1  1    Section 1.  Section 230.15, Code 2009, is amended to read
  1  2 as follows:
  1  3    230.15  PERSONAL LIABILITY.
  1  4    1.  A person with mental illness and a person legally
  1  5 liable for the person's support remain liable for the support
  1  6 of total amount of the cost of providing care, maintenance,
  1  7 and treatment for the person with mental illness as provided
  1  8 in this section while a voluntary or committed patient.
  1  9 Persons legally liable for the support of a person with mental
  1 10 illness include the spouse of the person, any person bound by
  1 11 contract for support of the person, and, with respect to
  1 12 persons with mental illness under eighteen years of age only,
  1 13 the father and mother of the person.  The county auditor,
  1 14 subject to the direction of the board of supervisors, shall
  1 15 enforce the obligation created in this section as to all sums
  1 16 advanced by the county.  The liability to the county incurred
  1 17 by a person with mental illness or a person legally liable for
  1 18 the person's support under this section is limited to an
  1 19 amount equal to one hundred percent of the cost of care and
  1 20 treatment of the person with mental illness at a state mental
  1 21 health institute for one hundred twenty days of
  1 22 hospitalization.  This limit of liability may be reached by
  1 23 payment of the cost of care and treatment of the person with
  1 24 mental illness subsequent to a single admission or multiple
  1 25 admissions to a state mental health institute or, if the
  1 26 person is not discharged as cured, subsequent to a single
  1 27 transfer or multiple transfers to a county care facility
  1 28 pursuant to section 227.11.  After reaching this limit of
  1 29 liability, a person with mental illness or a person legally
  1 30 liable for the person's support is liable to the county for
  1 31 the care and treatment of the person with mental illness at a
  1 32 state mental health institute or, if transferred but not
  1 33 discharged as cured, at a county care facility in an amount
  1 34 not in excess of the average minimum cost of the maintenance
  1 35 of an individual who is physically and mentally healthy
  2  1 residing in the individual's own home, which standard shall be
  2  2 established and may from time to time be revised by the
  2  3 department of human services.  A lien imposed by section
  2  4 230.25 shall not exceed the amount of the liability which may
  2  5 be incurred under this section on account of a person with
  2  6 mental illness.
  2  7    2.  A substance abuser or chronic substance abuser is
  2  8 legally liable for the total amount of the cost of providing
  2  9 care, maintenance, and treatment for the substance abuser or
  2 10 chronic substance abuser while a voluntary or committed
  2 11 patient.
  2 12    3.  When a portion of the cost of providing care,
  2 13 maintenance, and treatment is paid by a county, the person
  2 14 with mental illness and a person legally liable for the
  2 15 person's support or the substance abuser or chronic substance
  2 16 abuser is legally liable to the county for the amount paid.
  2 17 The Such a person or substance abuser or chronic substance
  2 18 abuser shall assign to the state any claim for reimbursement
  2 19 under any contract of indemnity, by insurance or otherwise,
  2 20 providing for the abuser's care, maintenance, and treatment of
  2 21 the person with mental illness, the substance abuser, or the
  2 22 chronic substance abuser in a state hospital to the state.
  2 23 Any payments received by the state from or on behalf of a
  2 24 person with mental illness or a substance abuser or chronic
  2 25 substance abuser shall be in part credited to the county in
  2 26 proportion to the share of the costs paid by the county.
  2 27    4.  Nothing in this section shall be construed to prevent a
  2 28 relative or other person from voluntarily paying the full
  2 29 actual cost or any portion of the care and treatment of any
  2 30 person with mental illness, substance abuser, or chronic
  2 31 substance abuser as established by the department of human
  2 32 services.
  2 33                           EXPLANATION
  2 34    This bill relates to financial liability for the costs of
  2 35 services paid by a county for a person with mental illness.
  3  1    Under current law in Code section 230.15, the financial
  3  2 liability is limited to an amount equal to 100 percent of the
  3  3 cost of care and treatment of the person with mental illness
  3  4 at a state mental health institute for 120 days of
  3  5 hospitalization.  After the limit of liability is reached,
  3  6 further liability is limited to the average minimum cost of
  3  7 the maintenance of an individual who is physically and
  3  8 mentally healthy residing in the individual's own home.  The
  3  9 average minimum cost is established in 441 IAC 29.3 by the
  3 10 department of human services to be based on the family
  3 11 investment program standards.
  3 12    The bill eliminates the liability limitations so that the
  3 13 financial liability of a person with mental illness or the
  3 14 person legally responsible for the person's support is for the
  3 15 total amount paid by the county, which is consistent with that
  3 16 of a substance abuser or chronic substance abuser under Code
  3 17 section 230.15.
  3 18 LSB 2522HC 83
  3 19 jp/rj/24