House
File
161
-
Introduced
HOUSE
FILE
161
BY
M.
SMITH
A
BILL
FOR
An
Act
requiring
regional
mental
health
and
disability
services
1
to
be
provided
to
both
children
and
adults.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
225C.6B,
subsection
3,
as
enacted
by
1
2012
Iowa
Acts,
chapter
1120,
section
8,
is
amended
to
read
as
2
follows:
3
3.
State
and
regional
disability
service
systems.
The
4
publicly
financed
disability
services
for
persons
with
mental
5
illness,
intellectual
disability
or
other
developmental
6
disability,
or
brain
injury
in
this
state
shall
be
provided
by
7
the
department
and
the
counties
operating
together
as
regions.
8
The
financial
and
administrative
responsibility
for
such
9
services
is
as
follows:
10
a.
Disability
services
for
children
and
adults
that
are
11
covered
under
the
medical
assistance
program
pursuant
to
12
chapter
249A
are
the
responsibility
of
the
state.
13
b.
Adult
mental
Mental
health
and
intellectual
disability
14
services
for
children
and
adults
that
are
not
covered
under
15
the
medical
assistance
program
are
the
responsibility
of
16
the
county-based
regional
service
system.
However,
the
17
county-based
regional
services
system
is
not
responsible
for
18
such
mental
health
and
intellectual
disability
services
for
19
a
child
subject
to
a
court
order
under
chapter
232,
services
20
recommended
or
authorized
by
the
department
or
juvenile
court
21
services
to
avoid
or
eliminate
the
need
for
such
a
court
order,
22
services
provided
through
the
mental
health
service
system
23
for
children
and
youth
administered
by
the
department
under
24
subchapter
VI
of
this
chapter,
and
other
public
welfare,
child
25
welfare,
and
juvenile
justice
services
funded
in
whole
or
in
26
part
by
the
state
or
federal
government.
27
Sec.
2.
Section
331.389,
subsection
1,
paragraph
a,
Code
28
2013,
is
amended
to
read
as
follows:
29
a.
Local
access
to
mental
health
and
disability
services
30
for
children
and
adults
that
are
not
covered
under
the
medical
31
assistance
program
shall
be
provided
either
by
counties
32
organized
into
a
regional
service
system
or
by
individual
33
counties
that
are
exempted
as
provided
by
this
subsection
.
34
The
department
of
human
services
shall
encourage
counties
to
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enter
into
a
regional
system
when
the
regional
approach
is
1
likely
to
increase
the
availability
of
services
to
residents
2
of
the
state
who
need
the
services.
It
is
the
intent
of
the
3
general
assembly
that
the
child
and
adult
residents
of
this
4
state
should
have
access
to
needed
mental
health
and
disability
5
services
regardless
of
the
location
of
their
residence.
6
Sec.
3.
Section
331.396,
subsection
1,
paragraph
b,
Code
7
2013,
is
amended
to
read
as
follows:
8
b.
The
person
is
at
least
eighteen
years
of
age
and
is
a
9
resident
of
this
state.
However,
a
A
person
who
is
seventeen
10
years
of
age,
is
a
resident
of
this
state,
and
is
receiving
11
publicly
funded
state-funded
children’s
services
may
but
12
will
be
eligible
for
services
under
the
regional
services
13
system
upon
becoming
eighteen
years
of
age
shall
be
considered
14
eligible
for
provided
services
through
the
regional
service
15
system
during
the
three-month
period
preceding
the
person’s
16
eighteenth
birthday
in
order
to
provide
a
smooth
transition
17
from
state-funded
children’s
services
to
county-funded
adult
18
services.
19
Sec.
4.
Section
331.396,
subsection
2,
paragraph
b,
Code
20
2013,
is
amended
to
read
as
follows:
21
b.
The
person
is
at
least
eighteen
years
of
age
and
is
a
22
resident
of
this
state.
However,
a
A
person
who
is
seventeen
23
years
of
age,
is
a
resident
of
this
state,
and
is
receiving
24
publicly
funded
state-funded
children’s
services
may
but
will
25
be
eligible
for
services
funded
under
the
regional
services
26
system
upon
becoming
eighteen
years
of
age
shall
be
considered
27
eligible
for
provided
services
through
the
regional
service
28
system
during
the
three-month
period
preceding
the
person’s
29
eighteenth
birthday
in
order
to
provide
a
smooth
transition
30
from
state-funded
children’s
services
to
county-funded
adult
31
services.
32
Sec.
5.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
33
3,
shall
not
apply
to
this
Act.
34
EXPLANATION
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This
bill
requires
regional
mental
health
and
disability
1
services
to
be
provided
to
both
children
and
adults.
2
Under
current
law
enacted
in
2012
Iowa
Acts,
chapter
1120
3
(SF
2315)
to
redesign
mental
health
and
disability
services,
4
counties
are
in
the
process
of
forming
into
regions
to
provide
5
a
system
for
the
delivery
of
such
services
to
adults
that
are
6
not
covered
by
the
medical
assistance
(Medicaid)
program.
7
Initially,
the
service
system
is
required
to
cover
adults
with
8
mental
health
needs
and
adults
with
an
intellectual
disability.
9
Under
current
law,
the
state
has
financial
and
10
administrative
responsibility
for
publicly
financed
disability
11
services
for
adults
and
children
with
mental
illness,
12
intellectual
disability
or
other
developmental
disability,
or
13
brain
injury
covered
under
the
Medicaid
program.
Counties
14
operating
together
as
regions
in
this
state
have
financial
and
15
administrative
responsibility
for
non-Medicaid
mental
health
16
and
intellectual
disability
services
provided
to
adults.
17
The
bill
expands
this
regional
system
responsibility
18
to
include
children.
However,
the
bill
specifies
that
the
19
regional
service
system
is
not
responsible
for
such
mental
20
health
and
intellectual
disability
services
for
a
child
subject
21
to
a
court
order
under
Code
chapter
232
(primarily
juvenile
22
delinquency,
child
in
need
of
assistance,
and
termination
of
23
parental
rights),
services
recommended
or
authorized
by
the
24
department
or
juvenile
court
services
to
avoid
or
eliminate
25
the
need
for
such
a
court
order,
services
provided
through
26
the
mental
health
service
system
for
children
and
youth
27
administered
by
the
department
of
human
services
under
Code
28
chapter
225G,
and
other
public
welfare,
child
welfare,
and
29
juvenile
justice
services
funded
in
whole
or
in
part
by
the
30
state
or
federal
government.
31
Current
law
in
Code
section
331.396
includes
eligibility
for
32
services
under
the
regional
service
system
for
the
three-month
33
period
preceding
age
18
for
children
receiving
publicly
funded
34
children’s
services
in
order
to
provide
a
smooth
transition
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to
the
adult
system.
The
bill
continues
this
eligibility
for
1
children
transitioning
from
state-funded
children’s
services
to
2
the
county-funded
regional
system.
3
The
bill
may
include
a
state
mandate
as
defined
in
Code
4
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
5
subsection
3,
which
would
relieve
a
political
subdivision
from
6
complying
with
a
state
mandate
if
funding
for
the
cost
of
7
the
state
mandate
is
not
provided
or
specified.
Therefore,
8
political
subdivisions
are
required
to
comply
with
any
state
9
mandate
included
in
the
bill.
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