House File 478 - Introduced HOUSE FILE 478 BY HEDDENS , WESSEL-KROESCHELL , PETERSEN , STECKMAN , THEDE , WINCKLER , ABDUL-SAMAD , and MASCHER A BILL FOR An Act relating to state and county responsibilities for 1 adult mental health, mental retardation, and developmental 2 disabilities services and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2160YH (9) 84 jp/nh
H.F. 478 DIVISION I 1 MENTAL HEALTH COMMITMENT AND FACILITY COSTS 2 Section 1. Section 218.44, Code 2011, is amended to read as 3 follows: 4 218.44 Wages paid to dependent —— deposits. 5 If such wage be wages are paid to a resident , the 6 administrator in control of such the institution in which 7 the resident is placed may pay all or any part of the same 8 wages directly to any dependent of such the resident, or may 9 deposit such the wage to the account of such the resident, or 10 may so deposit part thereof of the wage and allow the resident 11 a portion part for the resident’s own personal use, or may 12 pay to the county of commitment state all or any part of the 13 resident’s care, treatment , or subsistence while at said the 14 institution from any credit balance accruing to the account of 15 said the resident. 16 Sec. 2. Section 218.99, Code 2011, is amended to read as 17 follows: 18 218.99 Counties Department to be notified of patients’ 19 personal accounts. 20 The administrator in control of a state institution shall 21 direct the business manager of each institution under the 22 administrator’s jurisdiction which is mentioned in section 23 331.424, subsection 1 , paragraph “a” , subparagraphs (1) 24 and (2), and for which services are paid under section 25 331.424A , to quarterly inform the county of legal settlement’s 26 entity designated to perform the county’s central point 27 of coordination process to quarterly inform the department 28 of human services of any patient or resident who has an 29 amount in excess of two hundred dollars on account in the 30 patients’ personal deposit fund and the amount on deposit. The 31 administrators shall direct the business manager to further 32 notify the entity designated to perform the county’s central 33 point of coordination process department at least fifteen days 34 before the release of funds in excess of two hundred dollars 35 -1- LSB 2160YH (9) 84 jp/nh 1/ 21
H.F. 478 or upon the death of the patient or resident. If the patient 1 or resident has no county of legal settlement, notice shall be 2 made to the director of human services and the administrator in 3 control of the institution involved. 4 Sec. 3. Section 226.9C, subsection 1, paragraph a, Code 5 2011, is amended to read as follows: 6 a. Moneys received by the state from billings to counties 7 under section 230.20 . 8 Sec. 4. Section 226.45, Code 2011, is amended to read as 9 follows: 10 226.45 Reimbursement to county or state. 11 If a patient is not receiving medical assistance under 12 chapter 249A and the amount to the account of any patient 13 in the patients’ personal deposit fund exceeds two hundred 14 dollars, the business manager of the hospital may apply any of 15 the excess to reimburse the county of legal settlement or the 16 state in a case where no legal settlement exists , as applicable 17 as provided by section 230.1, for liability incurred by the 18 county or the state for the payment of care, support , and 19 maintenance of the patient , when billed by the county of legal 20 settlement or by the administrator for a patient having no 21 legal settlement at the state mental health institute . 22 Sec. 5. Section 230.1, Code 2011, is amended to read as 23 follows: 24 230.1 Liability of county and state. 25 1. The necessary and legal costs and expenses attending 26 the taking into custody, care, investigation, admission, 27 commitment, and support of a person resident of this state 28 with mental illness admitted or committed to a federal, state , 29 county, or private hospital or facility on or after July 1, 30 2012, shall be paid by a county or by the state . as follows: 31 a. By the county in which such person has a legal 32 settlement, if the person is eighteen years of age or older. 33 b. By the state when such person has no legal settlement in 34 this state, when the person’s legal settlement is unknown, or 35 -2- LSB 2160YH (9) 84 jp/nh 2/ 21
H.F. 478 if the person is under eighteen years of age. 1 2. The legal settlement of any person found mentally ill who 2 is a patient of any state institution shall be that existing 3 at the time of admission thereto. The necessary and legal 4 costs and expenses attending the taking into custody, care, 5 investigation, admission, commitment, and support of a resident 6 of this state with mental illness admitted or committed to 7 a federal, state, county, or private hospital or facility 8 before July 1, 2012, which were incurred prior to July 1, 2012, 9 shall be paid by the state or a county in accordance with this 10 chapter, Code 2011, as applicable. Such costs and expenses 11 incurred on or after July 1, 2012, shall be paid by the state as 12 provided in subsection 1. 13 3. A county of legal settlement is not liable for costs 14 and expenses associated with a person with mental illness 15 unless the costs and expenses are for services and other 16 support authorized for the person through the central point 17 of coordination process. For the purposes of this chapter , 18 “central point of coordination process” means the same as 19 defined in section 331.440 . 20 Sec. 6. Section 230.15, unnumbered paragraph 1, Code 2011, 21 is amended to read as follows: 22 A person with mental illness and a person legally liable 23 for the person’s support remain liable for the support of 24 the person with mental illness as provided in this section . 25 Persons legally liable for the support of a person with mental 26 illness include the spouse of the person, any person bound 27 by contract for support of the person, and, with respect to 28 persons with mental illness under eighteen years of age only, 29 the father and mother of the person. The county auditor, 30 subject to the direction of the board of supervisors, shall 31 enforce the obligation created in this section as to all 32 sums advanced by the county. The liability to the state or 33 county incurred by a person with mental illness or a person 34 legally liable for the person’s support under this section 35 -3- LSB 2160YH (9) 84 jp/nh 3/ 21
H.F. 478 is limited to an amount equal to one hundred percent of the 1 cost of care and treatment of the person with mental illness 2 at a state mental health institute for one hundred twenty days 3 of hospitalization. This limit of liability may be reached 4 by payment of equal to the cost of care and treatment of the 5 person with mental illness subsequent to a single admission 6 or multiple admissions to a state mental health institute or, 7 if the person is not discharged as cured, subsequent to a 8 single transfer or multiple transfers to a county care facility 9 pursuant to section 227.11 . If the person is discharged 10 from a state mental health institute or other inpatient 11 placement and the limit of liability has not been reached, the 12 liability extends to costs provided for outpatient treatment. 13 After reaching this limit of liability, a person with mental 14 illness or a person legally liable for the person’s support 15 is liable to the state or county , as applicable, for the care 16 and treatment of the person with mental illness at a state 17 mental health institute or other inpatient placement, or, if 18 transferred but not discharged as cured, at a county care 19 facility or from an outpatient treatment provider in an amount 20 not in excess of the average minimum cost of the maintenance 21 of an individual who is physically and mentally healthy 22 residing in the individual’s own home, which standard shall 23 be established and may from time to time be revised by the 24 department of human services. A lien imposed by section 230.25 25 shall not exceed the amount of the liability which may be 26 incurred under this section on account of a person with mental 27 illness. 28 Sec. 7. Section 230.16, Code 2011, is amended to read as 29 follows: 30 230.16 Presumption. 31 In actions to enforce the liability imposed by section 32 230.15 , the certificate from the superintendent to the or the 33 county auditor stating the sums charged in such cases, shall be 34 presumptively correct. 35 -4- LSB 2160YH (9) 84 jp/nh 4/ 21
H.F. 478 Sec. 8. Section 230.17, Code 2011, is amended to read as 1 follows: 2 230.17 Board or department may compromise lien. 3 1. The board of supervisors is hereby empowered to may 4 compromise any and all liabilities to the county , created by 5 this chapter , when such compromise is deemed to be for the best 6 interests of the county. 7 2. The department of human services may compromise any and 8 all liabilities to the state created by this chapter, when such 9 compromise is deemed to be for the best interests of the state. 10 Sec. 9. Section 230.18, Code 2011, is amended to read as 11 follows: 12 230.18 Expense in county or private hospitals. 13 The estates of persons with mental illness who may be treated 14 or confined in any county hospital or home, or in any private 15 hospital or sanatorium, or receive outpatient services, and 16 the estates of persons legally bound for their support, shall 17 be liable to the county or state, as applicable, for the 18 reasonable cost of such support paid by the county or state . 19 Sec. 10. Section 230.20, subsections 1, 2, 3, 4, and 5, Code 20 2011, are amended by striking the subsections. 21 Sec. 11. Section 230.20, subsections 6, 7, and 8, Code 2011, 22 are amended to read as follows: 23 6. All or any reasonable portion of the charges incurred 24 for services provided to a patient, to the most recent date for 25 which the charges have been computed, may be paid at any time 26 by the patient or by any other person on the patient’s behalf. 27 Any payment made by the patient or other person, and any 28 federal financial assistance received pursuant to Tit. XVIII or 29 XIX of the federal Social Security Act for services rendered 30 to a patient, shall be credited against the patient’s account 31 and, if the charges paid as described in this subsection have 32 previously been billed to a county, reflected in the mental 33 health institute’s next general statement to that county . 34 7. A superintendent of a mental health institute may request 35 -5- LSB 2160YH (9) 84 jp/nh 5/ 21
H.F. 478 that the director of human services enter into a contract 1 with a person for the mental health institute to provide 2 consultation or treatment services or for fulfilling other 3 purposes which are consistent with the purposes stated in 4 section 226.1 . The contract provisions shall include charges 5 which reflect the actual cost of providing the services or 6 fulfilling the other purposes. Any income from a contract 7 authorized under this subsection may be retained by the 8 mental health institute to defray the costs of providing the 9 services. Except for a contract voluntarily entered into by a 10 county under this subsection , the costs or income associated 11 with a contract authorized under this subsection shall not 12 be considered in computing charges and per diem costs in 13 accordance with the provisions of subsections 1 through 6 of 14 this section . 15 8. The department shall provide a county with information, 16 which is not otherwise confidential under law, in the 17 department’s possession concerning a patient whose cost of 18 care provided outside a state mental health institute or other 19 inpatient setting is chargeable to the county, including but 20 not limited to the information specified in section 229.24, 21 subsection 3 . 22 Sec. 12. Section 331.424A, subsection 2, Code 2011, is 23 amended to read as follows: 24 2. For the fiscal year beginning July 1, 1996, and 25 succeeding fiscal years, county revenues from taxes and other 26 sources designated for mental health, mental retardation, 27 and developmental disabilities services shall be credited 28 to the mental health, mental retardation, and developmental 29 disabilities services fund of the county. The board shall 30 make appropriations from the fund for payment of services 31 provided under the county management plan approved pursuant 32 to section 331.439 . The county may pay for the services in 33 cooperation with other counties by pooling appropriations 34 from the fund with other counties or through county regional 35 -6- LSB 2160YH (9) 84 jp/nh 6/ 21
H.F. 478 entities including but not limited to the county’s mental 1 health and developmental disabilities regional planning council 2 created pursuant to section 225C.18 . The costs of placement, 3 treatment, or other service ordered under chapter 812 shall not 4 be paid from the fund. 5 Sec. 13. REPEAL. Sections 230.2, 230.3, 230.4, 230.5, 6 230.6, 230.9, 230.10, 230.11, 230.12, and 230.22, Code 2011, 7 are repealed. 8 Sec. 14. EFFECTIVE DATE. This division of this Act takes 9 effect July 1, 2012. 10 DIVISION II 11 STATE RESOURCE CENTERS 12 Sec. 15. Section 222.13, Code 2011, is amended to read as 13 follows: 14 222.13 Voluntary admissions. 15 1. If an adult person is believed to be a person with mental 16 retardation, the adult person or the adult person’s guardian 17 may submit a request through the central point of coordination 18 process for the county board of supervisors to apply to the 19 superintendent of any state resource center for the voluntary 20 admission of the adult person either as an inpatient or an 21 outpatient of the resource center. After determining the legal 22 settlement of the adult person as provided by this chapter , 23 the board of supervisors shall, on forms prescribed by the 24 administrator, apply to the superintendent of the resource 25 center in the district for the admission of the adult person to 26 the resource center. An application for admission to a special 27 unit of any adult person believed to be in need of any of the 28 services provided by the special unit under section 222.88 may 29 be made in the same manner, upon request of the adult person or 30 the adult person’s guardian. The superintendent shall accept 31 the application providing a preadmission diagnostic evaluation , 32 performed through the central point of coordination process, 33 confirms or establishes the need for admission, except that an 34 application may not be accepted if the institution does not 35 -7- LSB 2160YH (9) 84 jp/nh 7/ 21
H.F. 478 have adequate facilities available or if the acceptance will 1 result in an overcrowded condition. 2 2. If the resource center has no appropriate program for the 3 treatment of an adult or minor person with mental retardation 4 applying under this section or section 222.13A , the board of 5 supervisors central point of coordination for the person’s 6 county of residence shall arrange for the placement of the 7 person in any public or private facility within or without the 8 state, approved by the director of the department of human 9 services, which offers appropriate services for the person , as 10 determined through the central point of coordination process . 11 3. Upon applying application for admission of an 12 adult or minor person to a resource center, or a special 13 unit, or upon arranging arrangement for the placement of 14 the person in a public or private facility, the board of 15 supervisors superintendent or the department shall make a 16 full investigation into the financial circumstances of that 17 person and those liable for that person’s support under section 18 222.78 to determine whether or not any of them are able to pay 19 the expenses arising out of the admission of the person to a 20 resource center, special treatment unit, or public or private 21 facility. If the board superintendent or the department finds 22 that the person or those legally responsible for the person are 23 presently unable to pay the expenses, the board shall direct 24 that the expenses shall be paid by the county department . The 25 board superintendent or the department may review its the 26 finding at any subsequent time while the person remains at the 27 resource center, or is otherwise receiving care or treatment 28 for which this chapter obligates the county to pay . If the 29 board superintendent or the department finds upon review that 30 the person or those legally responsible for the person are 31 presently able to pay the expenses, the finding shall apply 32 only to the charges incurred during the period beginning on the 33 date of the review and continuing thereafter, unless and until 34 the board superintendent or the department again changes its 35 -8- LSB 2160YH (9) 84 jp/nh 8/ 21
H.F. 478 the finding. If the board superintendent or the department 1 finds that the person or those legally responsible for the 2 person are able to pay the expenses, the board superintendent 3 or the department shall direct that the charges be so paid to 4 the extent required by section 222.78 , and the county auditor 5 shall be responsible for the collection of the charges . 6 Sec. 16. Section 222.13A, subsections 1 and 2, Code 2011, 7 are amended to read as follows: 8 1. If a minor is believed to be a person with mental 9 retardation, the minor’s parent, guardian, or custodian may 10 request the county board of supervisors to apply for admission 11 of the minor as a voluntary patient in a state resource center. 12 If the resource center does not have appropriate services for 13 the minor’s treatment, the board of supervisors central point 14 of coordination for the minor’s county of residence may arrange 15 for the admission of the minor in a public or private facility 16 within or without the state, approved by the director of human 17 services, which offers appropriate services for the minor’s 18 treatment. 19 2. Upon receipt of an application for voluntary admission 20 of a minor, the board of supervisors state resource center 21 shall provide for a preadmission diagnostic evaluation of the 22 minor to confirm or establish the need for the admission. 23 The preadmission diagnostic evaluation shall be performed by 24 a person who meets the qualifications of a qualified mental 25 retardation professional who is designated through the central 26 point of coordination process . 27 Sec. 17. Section 222.31, subsection 1, paragraph b, Code 28 2011, is amended to read as follows: 29 b. (1) Commit the person to the state resource center 30 designated by the administrator to serve the county in which 31 the hearing is being held, or to a special unit. The court 32 shall, prior to issuing an order of commitment, request 33 that a diagnostic evaluation of the person be made by the 34 superintendent of the resource center or the special unit, or 35 -9- LSB 2160YH (9) 84 jp/nh 9/ 21
H.F. 478 the superintendent’s qualified designee. The evaluation shall 1 be conducted at a place as the superintendent may direct. The 2 cost of the evaluation shall be defrayed by the county of legal 3 settlement department unless otherwise ordered by the court. 4 The cost may be equal to but shall not exceed the actual cost 5 of the evaluation. Persons referred by a court to a resource 6 center or the special unit for diagnostic evaluation shall be 7 considered as outpatients of the institution. No An order of 8 commitment shall not be issued unless the superintendent of the 9 institution recommends that the order be issued, and advises 10 the court that adequate facilities for the care of the person 11 are available at the state resource center . 12 (2) The court shall examine the report of the county 13 attorney filed pursuant to section 222.13 , and if the report 14 shows that neither the person nor those liable for the person’s 15 support under section 222.78 are presently able to pay the 16 charges rising out of the person’s care in a resource center, 17 or special treatment unit, shall enter an order stating that 18 finding and directing that the charges be paid by the person’s 19 county of residence department . The court may, upon request 20 of the board of supervisors department , review its finding at 21 any subsequent time while the person remains at the resource 22 center , or is otherwise receiving care or treatment for which 23 this chapter obligates the county to pay . If the court finds 24 upon review that the person or those legally responsible for 25 the person are presently able to pay the expenses, that finding 26 shall apply only to the charges incurred during the period 27 beginning on the date of the board’s department’s request for 28 the review and continuing thereafter, unless and until the 29 court again changes its finding. If the court finds that the 30 person, or those liable for the person’s support, are able 31 to pay the charges, the court shall enter an order directing 32 that the charges be so paid to the extent required by section 33 222.78 . 34 Sec. 18. Section 222.49, Code 2011, is amended to read as 35 -10- LSB 2160YH (9) 84 jp/nh 10/ 21
H.F. 478 follows: 1 222.49 Costs paid. 2 1. The Except as provided in subsection 2, the costs of 3 proceedings for placement of a person at a state resource 4 center shall be defrayed from the county treasury paid by the 5 department unless otherwise ordered by the court. 6 2. The costs of proceedings for placement of a person at a 7 state resource center which commenced prior to July 1, 2012, 8 shall be paid by the person’s county of legal settlement unless 9 otherwise ordered by the court. Such costs shall be paid in 10 accordance with this chapter, Code 2011, as applicable. 11 3. When If the person alleged to be mentally retarded have 12 mental retardation is found not to be mentally retarded have 13 mental retardation , the court shall render judgment for such 14 costs against the person filing the petition except when the 15 petition is filed by order of court. 16 Sec. 19. Section 222.50, Code 2011, is amended to read as 17 follows: 18 222.50 County of legal settlement to pay Payment 19 responsibility . 20 1. When the Except as provided in subsection 2, if the costs 21 of proceedings for placement of a person at a state resource 22 center are not paid by the petitioner, the costs shall be paid 23 by the department. 24 2. If proceedings for placement of a person at a state 25 resource center commenced prior to July 1, 2012, and the 26 proceedings are were instituted in a county in which the person 27 who is alleged to have mental retardation was found resided but 28 which is not the county of legal settlement of the person, and 29 the costs are not taxed to the petitioner, the county which is 30 the legal settlement of the person shall, on presentation of 31 a properly itemized bill for such costs, repay the costs to 32 the former county. When If the person’s legal settlement is 33 was outside the state or is unknown, the costs shall be paid 34 out of money in the state treasury not otherwise appropriated, 35 -11- LSB 2160YH (9) 84 jp/nh 11/ 21
H.F. 478 itemized on vouchers executed by the auditor of the county 1 which paid the costs, and approved by the administrator. 2 Sec. 20. Section 222.60, subsection 1, Code 2011, is amended 3 to read as follows: 4 1. All necessary and legal expenses for the cost of 5 admission or commitment or for the treatment, training, 6 instruction, care, habilitation, support and transportation 7 of persons with mental retardation, as provided for in the 8 county management plan provisions implemented pursuant to 9 section 331.439, subsection 1 , in a state resource center, or 10 in a special unit, or any public or private facility within or 11 without the state, approved by the director of the department 12 of human services, shall be paid by either: 13 a. The county in which such person has legal settlement as 14 defined in section 252.16 , when the person received services at 15 a state resource center prior to July 1, 2012. Such expenses 16 relating to services received at a state resource center prior 17 to July 1, 2012, shall be paid in accordance with this chapter, 18 Code 2011, as applicable . 19 b. The state when such person has no legal settlement or 20 when such settlement is unknown , or when the person receives 21 services at a state resource center on or after July 1, 2012 . 22 Sec. 21. Section 222.63, Code 2011, is amended to read as 23 follows: 24 222.63 Finding of settlement —— objection. 25 A If payment for a person’s necessary and legal expenses 26 is a county responsibility under section 222.60, a board of 27 supervisors’ certification utilizing the central point of 28 coordination process that a the person’s legal settlement is in 29 another county shall be sent by the board of supervisors to the 30 auditor of the county of legal settlement. The certification 31 shall be accompanied by a copy of the evidence supporting the 32 determination. The auditor of the county of legal settlement 33 shall submit the certification to the board of supervisors of 34 the auditor’s county and it shall be conclusively presumed 35 -12- LSB 2160YH (9) 84 jp/nh 12/ 21
H.F. 478 that the patient has a legal settlement in that county unless 1 that county disputes the determination of legal settlement as 2 provided in section 225C.8 . 3 Sec. 22. Section 222.64, Code 2011, is amended to read as 4 follows: 5 222.64 Foreign state or country or unknown State case legal 6 settlement. 7 If the legal settlement of the person is determined by the 8 board of supervisors through the central point of coordination 9 process to be in a foreign state or country or is determined 10 to be unknown responsibility under section 222.60 , the 11 board of supervisors shall certify the determination to the 12 administrator. The certification shall be accompanied by a 13 copy of the evidence supporting the determination. The care of 14 the person shall be as arranged by the board of supervisors or 15 by an order as the court may enter. Application for admission 16 or order of commitment may be made pending investigation by the 17 administrator. 18 Sec. 23. Section 222.70, Code 2011, is amended to read as 19 follows: 20 222.70 Legal settlement disputes. 21 If a dispute arises between counties or between the 22 department and a county as to the legal settlement of a person 23 admitted or committed to a resource center, a special unit, or 24 a community-based service, the dispute shall be resolved as 25 provided in section 225C.8 . 26 Sec. 24. Section 222.78, Code 2011, is amended to read as 27 follows: 28 222.78 Parents and others liable for support. 29 The father and mother of any patient admitted or committed to 30 a resource center or to a special unit, as either an inpatient 31 or an outpatient, and any person, firm, or corporation bound 32 by contract made for support of the patient are liable for the 33 support of the patient. The patient and those legally bound 34 for the support of the patient shall be liable to the county 35 -13- LSB 2160YH (9) 84 jp/nh 13/ 21
H.F. 478 for all sums advanced by the county to or the state under the 1 provisions of sections 222.60 and 222.77 . The liability of 2 any person, other than the patient, who is legally bound for 3 the support of a patient who is under eighteen years of age 4 in a resource center or a special unit shall not exceed the 5 average minimum cost of the care of a normally intelligent 6 minor without a disability of the same age and sex as the 7 minor patient. The administrator shall establish the scale 8 for this purpose but the scale shall not exceed the standards 9 for personal allowances established by the state division 10 under the family investment program. The father or mother 11 shall incur liability only during any period when the father 12 or mother either individually or jointly receive a net income 13 from whatever source, commensurate with that upon which they 14 would be liable to make an income tax payment to this state. 15 The father or mother of a patient shall not be liable for the 16 support of the patient upon the patient attaining eighteen 17 years of age. Nothing in this section shall be construed to 18 prevent a relative or other person from voluntarily paying the 19 full actual cost as established by the administrator for caring 20 for the patient with mental retardation. 21 Sec. 25. Section 222.79, Code 2011, is amended to read as 22 follows: 23 222.79 Certification statement presumed correct. 24 In actions to enforce the liability imposed by section 25 222.78 , the a certification statement sent from the 26 superintendent to the county auditor pursuant to section 222.74 27 stating the sums charged in such cases shall be considered to 28 be presumptively correct. 29 Sec. 26. Section 222.86, Code 2011, is amended to read as 30 follows: 31 222.86 Payment for care from fund. 32 If a patient is not receiving medical assistance under 33 chapter 249A and the amount in the account of any patient 34 in the patients’ personal deposit fund established pursuant 35 -14- LSB 2160YH (9) 84 jp/nh 14/ 21
H.F. 478 to section 222.84 exceeds two hundred dollars, the business 1 manager of the resource center or special unit may apply 2 any amount of the excess to reimburse the county of legal 3 settlement or the state in a case where no legal settlement 4 exists , as applicable in accordance with section 222.60, for 5 liability incurred by the county or the state for the payment 6 of care, support, and maintenance of the patient , when billed 7 by the county of legal settlement or by the administrator for a 8 patient having no legal settlement at a state resource center . 9 Sec. 27. Section 222.92, subsection 1, Code 2011, is amended 10 to read as follows: 11 1. The department shall operate the state resource centers 12 on the basis of net appropriations from the general fund of 13 the state. The appropriation amounts shall be the net amounts 14 of state moneys projected to be needed for the state resource 15 centers for the fiscal year of the appropriations. The purpose 16 of utilizing net appropriations is to encourage the state 17 resource centers to operate with increased self-sufficiency, to 18 improve quality and efficiency, and to support collaborative 19 efforts between the state resource centers and counties and 20 other providers of funding for the services available from 21 the state resource centers. The state resource centers shall 22 not be operated under the net appropriations in a manner that 23 results in a cost increase to the state or in cost shifting 24 between the state, the medical assistance program, counties, or 25 other sources of funding for the state resource centers. 26 Sec. 28. Section 222.92, subsection 3, paragraph a, Code 27 2011, is amended by striking the paragraph. 28 Sec. 29. REPEAL. Sections 222.61, 222.62, 222.65, 222.67, 29 222.68, 222.69, 222.73, 222.74, and 222.75, Code 2011, are 30 repealed. 31 Sec. 30. EFFECTIVE DATE. This division of this Act takes 32 effect July 1, 2012. 33 DIVISION III 34 LEGISLATIVE INTENT AND EFFECTIVE DATES 35 -15- LSB 2160YH (9) 84 jp/nh 15/ 21
H.F. 478 Sec. 31. LEGISLATIVE INTENT —— PLANNING. 1 1. The general assembly intends to assign the 2 responsibilities of the state and counties for the costs of 3 services as follows: 4 a. The necessary and legal nonfederal costs and expenses 5 attending the taking into custody, care, investigation, 6 admission, commitment, and support of a person with mental 7 illness admitted or committed to a federal, state, county, or 8 private hospital or facility on or after July 1, 2012, shall be 9 paid by the state. 10 b. The costs of community-based mental health services for 11 adults on or after July 1, 2012, shall be paid by counties. 12 c. The nonfederal share of the costs of state resource 13 centers on or after July 1, 2012, shall be paid by the state. 14 d. The nonfederal share of costs for services, other than 15 those associated with the state resource centers, provided to 16 adults with mental retardation or intellectual disabilities on 17 or after July 1, 2012, shall be paid by counties. 18 e. The costs associated with court-ordered commitments of 19 persons with mental retardation under chapter 222 on or after 20 July 1, 2012, shall be paid by the state. 21 2. The department of human services shall work with 22 representatives designated by the Iowa state association 23 of counties, service providers, and service consumers and 24 advocates to develop plans to implement the provisions of 25 this Act, including formulating recommendations for statutory 26 changes, funding provisions, and other measures to implement 27 the intent expressed in subsection 1. In addition, the plans 28 and recommendations shall also provide for development and 29 funding of a subacute level of care to address behavioral and 30 mental health needs of children and adults. The department 31 shall report the plans and recommendations to the governor and 32 general assembly on or before December 15, 2011. 33 3. The office of the citizens’ aide shall consult with 34 stakeholders in reviewing the role, funding, and appropriate 35 -16- LSB 2160YH (9) 84 jp/nh 16/ 21
H.F. 478 administrative entity for mental health advocates currently 1 appointed under section 229.19. The office shall submit 2 a report with findings and recommendations to the general 3 assembly and governor on or before December 15, 2011. 4 Sec. 32. EFFECTIVE DATE. This division of this Act takes 5 effect upon enactment. 6 EXPLANATION 7 This bill revises state and county responsibilities for 8 adult mental health, mental retardation, and developmental 9 disabilities services effective July 1, 2012. The bill is 10 organized into divisions. 11 MENTAL HEALTH COMMITMENT AND FACILITY COSTS. This division 12 provides for the state to pay necessary and legal nonfederal 13 costs and expenses attending the taking into custody, care, 14 investigation, admission, commitment, and support of a person 15 with mental illness admitted or committed to a federal, state, 16 county, or private hospital or facility on or after July 17 1, 2012. Current law requires counties to pay capped per 18 diem rates for the services at the four state mental health 19 institutes and the nonfederal share of other noninstitutional 20 mental health services provided to adults with legal settlement 21 and for the state to pay for children’s services and state 22 cases for adults with mental illness. 23 Provisions in Code chapter 218, relating to the state 24 institutions controlled by the department of human services, 25 are amended to provide that certain excess moneys from state 26 institution patient wages and accounts are to be paid to the 27 department instead of counties. A similar provision in Code 28 section 226.45 is also amended. 29 Code section 226.9C, relating to operation of the dual 30 diagnosis mental health and substance abuse program at the 31 state mental health institute at Mount Pleasant on a net 32 budgeting basis, is amended to strike a reference to a section 33 repealed by the bill. 34 Code section 230.1, relating to the liability of the state 35 -17- LSB 2160YH (9) 84 jp/nh 17/ 21
H.F. 478 and counties for the costs and expenses of adults and children 1 with mental illness committed to facilities, is amended to 2 provide for the state to pay these costs on or after July 3 1, 2012. For costs incurred before that date, the payment 4 responsibility is determined by the provisions repealed by the 5 bill. These provisions assign the responsibility for persons 6 age 18 and older to the county of legal settlement or to the 7 state when a person has no legal settlement in this state, when 8 the person’s legal settlement is unknown, or if the person is 9 under 18 years of age. 10 Code section 230.15, relating to the liability of a person 11 with mental illness and persons liable for that person’s 12 support and establishing a limitation on that liability, is 13 amended to also provide for payment to the state. Code section 14 230.16, relating to presumption of accuracy of certificates 15 from the superintendent of a state resource center in actions 16 relating to liability for services, is also made applicable to 17 a statement from a county auditor. 18 Code section 230.17, relating to the authority of the county 19 auditor to compromise a lien for cost liability when in the 20 best interests of the county, is expanded to provide similar 21 authority to the department of human services when it is in the 22 best interests of the state. 23 Code section 230.18, relating to liability of an estate to a 24 county for costs of services provided in a county hospital or 25 home, or in any private hospital or sanatorium, is also made 26 applicable to the state. 27 Code section 230.20, relating to billings to counties for 28 services provided at a state mental health institute and how 29 the billings are computed, is amended to repeal the subsections 30 involving the requirement for counties to be billed for 31 services provided at a state mental health institute and the 32 computation methodology. Subsections relating to crediting of 33 federal payment offsets and authorization for a state mental 34 health institute to provide other services are amended to 35 -18- LSB 2160YH (9) 84 jp/nh 18/ 21
H.F. 478 delete references to county liability for the cost of services. 1 Subsection 6, requiring the department to provide information 2 possessed by the department to a county, if such information 3 is not confidential under law, is modified to apply when the 4 county is obligated to pay for services provided outside a 5 state mental health institution or other inpatient setting. 6 Code section 331.424A, relating to the county mental health, 7 mental retardation, and developmental disabilities services 8 funds, is amended to prohibit the use of moneys in these funds 9 to pay for the costs of placement, treatment, or other service 10 ordered by a court under Code chapter 812. This Code chapter 11 relates to the confinement of persons accused of a crime who 12 may be incompetent to stand trial. 13 The following Code sections are repealed by the division: 14 section 230.2, relating to finding of legal settlement; section 15 230.3, relating to certification of legal settlement; section 16 230.4, relating to certification of legal settlement to a 17 debtor county; section 230.5, relating to state cases; section 18 230.6, relating to investigation of legal settlement by the 19 department; section 230.9, relating to changing a state case to 20 a county of legal settlement case; section 230.10, requiring 21 all legal costs and expenses relating to state hospital 22 placements to be charged to the county of legal settlement; 23 section 230.11, providing a standing appropriation to repay 24 counties for state cases; section 230.12, requiring the state 25 and counties to resolve legal settlement disputes using a 26 procedure in Code section 225C.8; section 230.20, providing for 27 computation of charges and billings to counties for services 28 provided at a state mental health institute; and section 29 230.22, relating to financial penalties for counties who pay 30 the billings late. 31 STATE RESOURCE CENTERS. This division provides for the 32 state to assume responsibility for the cost of services 33 provided at the state resource centers and the costs of 34 court-ordered commitments effective July 1, 2012. Current 35 -19- LSB 2160YH (9) 84 jp/nh 19/ 21
H.F. 478 law requires counties to pay capped per diem rates for the 1 services. Code chapter 222, relating generally to persons with 2 mental retardation and the state resource centers specifically, 3 is amended. 4 References to county responsibility for the cost of services 5 at the state resource centers, court-ordered commitments, and 6 county of legal settlement determinations are changed to the 7 state, revised, or deleted throughout the chapter. Counties 8 retain current responsibility for services provided to adults 9 with mental retardation outside the state resource centers. 10 The change in legal settlement processes and the shift 11 in responsibilities involving the state resource centers 12 and court-ordered commitments are specifically addressed in 13 the following Code sections: section 222.13, relating to 14 voluntary admissions of adults; section 222.13A, relating to 15 voluntary admissions of children; section 222.31, relating to 16 liability of charges for commitments to placements; section 17 222.49, relating to responsibility for the costs of commitment 18 proceedings; section 222.50, relating to the county of legal 19 settlement’s responsibilities for service costs; section 20 222.60, relating to state and county responsibilities for 21 service costs; section 222.63, relating to certifications 22 between counties regarding legal settlement determinations; 23 section 222.70, relating to resolution of legal settlement 24 disputes; section 222.64, relating to state case legal 25 settlement determinations; section 222.70, relating to 26 resolution of legal settlement disputes; section 222.78, 27 relating to the responsibility of parents and others liable for 28 the support of persons placed at a resource center; section 29 222.79, relating to state certification of resource center 30 cost statements; section 222.86, relating to care payments 31 from a special patient fund; and section 222.92, relating to 32 the operation of the resource centers using a net general fund 33 appropriation. 34 The following Code sections are repealed by the division: 35 -20- LSB 2160YH (9) 84 jp/nh 20/ 21
H.F. 478 sections 222.61, 222.62, 222.65, 222.67, 222.68, and 222.69, 1 relating to legal settlement determinations, investigations, 2 charges, and payments; and sections 222.73, 222.74, and 222.75, 3 providing for computation of charges and billings to counties 4 for services provided at a state resource center and financial 5 penalties for counties who pay the billings late. 6 LEGISLATIVE INTENT AND EFFECTIVE DATES. This division 7 states legislative intent as to the change in responsibilities 8 between the state and counties and requires the department 9 of human services to work with representatives designated by 10 the Iowa state association of counties, service providers, 11 and service consumers and advocates to develop plans to 12 implement the bill and intent expressed, including formulating 13 recommendations for statutory changes, funding provisions, and 14 other measures. The department is also required to address 15 implementation of a subacute level of care for children and 16 adults with behavioral and mental health needs. The department 17 is required to report the plans and recommendations to the 18 governor and general assembly on or before December 15, 2011. 19 The office of the citizens’ aide is required to review and make 20 recommendations regarding the appropriate role, funding, and 21 administrative entity for mental health advocates generally 22 appointed by the courts and funded by counties. This provision 23 takes effect upon enactment and the remainder of the bill takes 24 effect July 1, 2012. 25 The bill amends numerous Code provisions and other 26 amendments of related provisions will be necessary to fully 27 implement this bill. 28 -21- LSB 2160YH (9) 84 jp/nh 21/ 21