HF 161 (LSB 1628HH (3) 85)

HOUSE FILE 161

BY  M. SMITH

A BILL FOR

An Act requiring regional mental health and disability services to be provided to both children and adults.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 225C.6B, subsection 3, as enacted by 2012 Iowa Acts, chapter 1120, section 8, is amended to read as follows:
   3.  State and regional disability service systems.  The publicly financed disability services for persons with mental illness, intellectual disability or other developmental disability, or brain injury in this state shall be provided by the department and the counties operating together as regions. The financial and administrative responsibility for such services is as follows:
   a.  Disability services for children and adults that are covered under the medical assistance program pursuant to chapter 249A are the responsibility of the state.
   b.  Adult mental
 
Mental health and intellectual disability services
 
for children and adults that are not covered under the medical assistance program are the responsibility of the county-based regional service system.

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