House
Study
Bill
109
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
relating
to
mental
health
and
disability
services
1
requirements
involving
the
department
of
human
services
2
and
including
effective
date
and
retroactive
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
MENTAL
HEALTH
AND
DISABILITY
SERVICES
CLIENT
IDENTIFIER
2
Section
1.
Section
225C.6A,
subsection
3,
paragraph
b,
Code
3
2013,
is
amended
to
read
as
follows:
4
b.
In
implementing
a
system
under
this
subsection
for
5
collecting
and
analyzing
state,
county,
and
private
contractor
6
data,
the
department
shall
establish
a
client
identifier
for
7
the
individuals
receiving
services.
The
client
identifier
8
shall
be
used
in
lieu
of
the
individual’s
name
or
social
9
security
number.
The
client
identifier
shall
consist
of
the
10
last
four
digits
of
an
individual’s
social
security
number,
11
the
first
three
letters
of
the
individual’s
last
name,
the
12
individual’s
date
of
birth,
and
the
individual’s
gender
in
an
13
order
determined
by
the
department.
14
DIVISION
II
15
INTERAGENCY
INFORMATION
SERVICE
ON
PERSONS
WITH
MENTAL
16
DISABILITIES
17
Sec.
2.
REPEAL.
Section
218.11,
Code
2013,
is
repealed.
18
Sec.
3.
REPEAL.
Chapter
220A,
Code
2013,
is
repealed.
19
DIVISION
III
20
SUBACUTE
MENTAL
HEALTH
CARE
FACILITIES
21
Sec.
4.
Section
135G.3,
subsection
2,
Code
2013,
is
amended
22
to
read
as
follows:
23
2.
The
licensed
psychiatrist
providing
supervision
of
the
24
subacute
care
facility
facility’s
treatment
care
plans
shall
25
evaluate
the
condition
of
each
resident
as
medically
necessary
26
and
shall
be
available
to
residents
of
the
facility
on
an
27
on-call
basis
at
all
other
times.
Additional
evaluation
and
28
treatment
may
be
provided
by
a
mental
health
professional.
The
29
subacute
care
facility
may
employ
a
seclusion
room
meeting
the
30
conditions
described
in
42
C.F.R.
§
483.364(b)
with
approval
of
31
the
licensed
psychiatrist
of
the
facility
or
by
order
of
the
32
resident’s
physician,
a
physician
assistant,
or
an
advanced
33
registered
nurse
practitioner.
34
Sec.
5.
Section
135G.4,
subsection
2,
Code
2013,
is
amended
35
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to
read
as
follows:
1
2.
An
intermediate
care
facility
for
persons
with
mental
2
illness
licensed
under
chapter
135C
may
convert
to
a
subacute
3
care
facility
by
providing
submitting
an
application
for
a
4
license
in
accordance
with
section
135G.5
accompanied
by
5
written
notice
to
the
department
that
the
facility
has
employed
6
a
full-time
psychiatrist
and
desires
to
make
the
conversion.
7
An
intermediate
care
facility
for
persons
with
mental
illness
8
applying
for
a
license
under
this
subsection
remains
subject
to
9
subsection
1
until
a
license
is
issued.
10
Sec.
6.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
11
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
12
enactment.
13
Sec.
7.
RETROACTIVE
APPLICABILITY.
This
division
of
this
14
Act
applies
retroactively
to
July
1,
2012.
15
DIVISION
IV
16
COMMUNITY
MENTAL
HEALTH
SERVICES
BLOCK
GRANT
ALLOCATION
17
Sec.
8.
2011
Iowa
Acts,
chapter
126,
section
20,
subsection
18
1,
paragraph
d,
is
amended
to
read
as
follows:
19
d.
Of
the
amount
allocated
to
eligible
services
providers
20
under
paragraph
“c”,
70
percent
shall
be
distributed
to
the
21
state’s
accredited
community
mental
health
centers
established
22
or
designated
by
counties
the
department
in
collaboration
with
23
mental
health
and
disability
services
regions
in
accordance
24
with
law
chapter
230A
or
applicable
administrative
rule.
25
If
a
county
has
not
established
or
designated
a
community
26
mental
health
center
and
has
received
a
waiver
from
the
27
mental
health
and
disability
services
commission,
the
mental
28
health
services
provider
designated
by
that
county
is
was
29
designated
as
authorized
in
section
230A.107,
subsection
2,
30
the
provider
remains
eligible
to
receive
funding
distributed
31
pursuant
to
this
paragraph
in
lieu
of
as
a
community
mental
32
health
center.
The
funding
distributed
shall
be
used
by
33
recipients
of
the
funding
for
the
purpose
of
developing
and
34
providing
evidence-based
practices
and
emergency
services
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to
adults
with
a
serious
mental
illness
and
children
with
1
a
serious
emotional
disturbance.
The
distribution
amounts
2
shall
be
announced
at
the
beginning
of
the
federal
fiscal
3
year
and
distributed
on
a
quarterly
basis
according
to
the
4
formulas
used
in
previous
fiscal
years.
It
is
the
intent
of
5
the
general
assembly
that
the
distribution
amounts
for
future
6
federal
fiscal
years
shall
be
determined
by
the
department
in
7
consultation
with
the
mental
health
and
disability
services
8
regional
administrators
and
announced
by
the
beginning
of
the
9
federal
fiscal
year.
Recipients
shall
submit
quarterly
reports
10
containing
data
consistent
with
the
performance
measures
11
approved
by
the
federal
substance
abuse
and
mental
health
12
services
administration.
13
Sec.
9.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
14
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
15
enactment.
16
EXPLANATION
17
This
bill
relates
to
mental
health
and
disability
services
18
requirements
involving
the
department
of
human
services
(DHS)
19
and
is
organized
into
divisions.
20
MENTAL
HEALTH
AND
DISABILITY
SERVICES
CLIENT
IDENTIFIER.
21
This
division
amends
Code
section
225C.6A,
relating
to
22
disability
services
system
redesign
data,
by
eliminating
23
specific
requirements
for
the
client
identifier
that
is
used
in
24
lieu
of
an
individual’s
name
or
social
security
number.
25
INTERAGENCY
INFORMATION
SERVICE
ON
PERSONS
WITH
MENTAL
26
DISABILITIES.
This
division
repeals
Code
chapter
220A,
27
requiring
DHS
to
provide
for
a
central
data
control
and
28
exchange
agency
for
persons
believed
to
have
mental
29
disabilities
known
as
the
“interagency
case
information
30
service”.
31
The
Code
chapter
includes
sections
stating
purpose,
32
providing
definitions,
designating
DHS
as
the
administrative
33
agency
for
the
information
service,
listing
other
state
34
agencies
required
to
provide
and
receive
information,
listing
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DHS
duties,
authorizing
other
public
and
private
agencies
to
1
provide
or
receive
information,
exempting
the
information
2
exchange
from
any
state
law
or
administrative
rule
that
would
3
restrict
information
from
being
exchanged
by
the
service,
4
authorizing
the
service
to
disseminate
statistical
information,
5
and
providing
immunity
from
liability
for
agencies
and
persons
6
participating
under
the
Code
chapter.
7
The
division
also
repeals
Code
section
218.11
in
the
Code
8
chapter
relating
to
institutions
governed
by
DHS.
The
Code
9
section
requires
DHS
to
be
the
administrative
agency
for
the
10
information
service
and
perform
the
duties
required
by
Code
11
chapter
220A.
12
SUBACUTE
MENTAL
HEALTH
CARE
FACILITIES.
This
division
13
amends
certain
provisions
for
licensure
of
subacute
mental
14
health
care
facilities
enacted
in
2012
Iowa
Acts,
ch.
1120
15
(SF
2315).
Licensure
is
administered
by
the
department
of
16
inspections
and
appeals
in
conjunction
with
DHS.
17
Code
section
135G.3
is
amended
to
require
a
licensed
18
psychiatrist
to
provide
supervision
of
the
subacute
care
19
facility’s
treatment
care
plans
rather
than
the
subacute
care
20
facility
itself.
21
Code
section
135G.4,
requiring
licensure
of
subacute
22
care
facilities
and
authorizing
a
licensed
intermediate
care
23
facility
for
persons
with
mental
illness
(ICF/MI)
to
convert
24
to
a
licensed
subacute
facility
after
notifying
the
department
25
of
inspections
and
appeals
that
certain
requirements
are
26
being
met,
is
amended
to
require
the
ICF/MI
to
also
submit
27
an
application
for
licensure
as
a
subacute
care
facility.
28
An
ICF/MI
is
prohibited
from
establishing,
operating,
or
29
maintaining
a
subacute
care
facility
until
issued
a
license
to
30
do
so.
31
This
division
takes
effect
upon
enactment
and
is
32
retroactively
applicable
to
July
1,
2012.
33
COMMUNITY
MENTAL
HEALTH
SERVICES
BLOCK
GRANT
ALLOCATION.
34
This
division
amends
the
allocation
requirements
in
the
federal
35
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community
mental
health
services
block
grant
appropriation
for
1
federal
fiscal
year
2012-2013
made
in
2011
Iowa
Acts,
chapter
2
126.
3
The
amendments
reflect
changes
made
in
Code
chapter
230A
4
for
designation
of
community
mental
health
centers.
The
5
amended
Code
chapter
allows
a
for-profit
corporation,
nonprofit
6
corporation,
or
county
hospital
providing
mental
health
7
services
to
county
residents
pursuant
to
a
waiver
approved
8
under
Code
section
225C.7,
subsection
3,
Code
2011,
as
of
9
October
1,
2010,
to
be
designated
as
a
community
mental
10
health
center.
Otherwise,
only
a
nonprofit
corporation
can
be
11
designated
as
a
community
mental
health
center.
In
addition,
12
the
amendments
state
legislative
intent
that
in
future
federal
13
fiscal
years
the
distribution
amounts
for
centers
will
be
14
determined
by
DHS
in
consultation
with
the
mental
health
and
15
disability
services
regional
administrators
and
announced
by
16
the
beginning
of
the
federal
fiscal
year.
17
The
division
takes
effect
upon
enactment.
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