Senate File 203 - Introduced SENATE FILE 203 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 1130) 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 TLSB 1153SV (2) 85 jp/nh
S.F. 203 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 Section 218.11, Code 2013, is repealed. 18 Sec. 3.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 Chapter 220A, Code 2013, is repealed. 19 DIVISION III 20 SUBACUTE MENTAL HEALTH CARE FACILITIES 21 Sec. 4.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 -1- LSB 1153SV (2) 85 jp/nh 1/ 5
S.F. 203 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 consultation 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 35 -2- LSB 1153SV (2) 85 jp/nh 2/ 5
S.F. 203 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 35 -3- LSB 1153SV (2) 85 jp/nh 3/ 5
S.F. 203 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 -4- LSB 1153SV (2) 85 jp/nh 4/ 5
S.F. 203 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. 18 -5- LSB 1153SV (2) 85 jp/nh 5/ 5