House File 362 - Introduced HOUSE FILE 362 BY SALMON A BILL FOR An Act concerning alternative transportation options relating 1 to mental health services. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1611YH (3) 86 pf/nh
H.F. 362 Section 1. MENTAL HEALTH SYSTEM —— ALTERNATIVE 1 TRANSPORTATION OPTIONS. 2 1. The department of human services shall work with 3 regional administrators of the mental health and disability 4 services regions, representatives of the judicial branch 5 representing judges, district court administration, clerks 6 of court, the Iowa hospital association, community mental 7 health centers, mental health advocates, city and county law 8 enforcement, emergency medical services personnel, and other 9 appropriate entities to develop recommended protocols for the 10 use of alternative transportation options for the transport of 11 individuals with mental illness and to develop a recommended 12 associated reimbursement methodology. 13 2. The protocols developed shall balance the appropriate 14 level of risk management and safety relative to all involved 15 with the goal of reducing the costs associated with and 16 the overreliance on law enforcement and emergency medical 17 services in providing transportation for persons with mental 18 illness throughout the system continuum including for routine 19 appointments, assessment, or treatment, or during the voluntary 20 and involuntary commitment processes. 21 3. The protocols shall reflect all of the following: 22 a. Individuals with mental illness should be provided with 23 the least restrictive, safe transportation option to minimize 24 interference with their rights, dignity, and self-respect, 25 and reduce the likelihood that the act of transporting the 26 individual will be a traumatic event. 27 b. A hierarchy of alternative transportation options to 28 match the totality of the circumstances presented. Factors 29 to consider in developing the hierarchy may include existing 30 statutory requirements, the individual’s legal status, the 31 individual’s current and past mental health history, the 32 individual’s physical health, the individual’s immediate 33 treatment needs, the risk of harm the individual poses to self 34 and others, the distance to be traveled, the individual’s need 35 -1- LSB 1611YH (3) 86 pf/nh 1/ 3
H.F. 362 for clinical support, supervision, and sedation during travel, 1 the available modes of transportation, the likely effect on the 2 individual of the proposed mode of transportation, information 3 provided by other service providers, family, or caregivers, and 4 the availability of appropriately trained staff for assessment 5 and escorting, especially in rural areas. 6 4. The department shall report the recommended protocols 7 developed and the associated reimbursement methodology, 8 including any necessary changes in statute or rule, to the 9 governor and general assembly by December 15, 2015. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill directs the department of human services to work 14 with a variety of appropriate entities to develop recommended 15 protocols for the use of alternative transportation options 16 for the transport of individuals with mental illness and to 17 develop a recommended associated reimbursement methodology. 18 The protocols developed shall balance the appropriate level of 19 risk management and safety relative to all involved with the 20 goal of reducing the costs associated with and the overreliance 21 on law enforcement and emergency medical services in providing 22 transportation for persons with mental illness throughout 23 the system continuum. The protocols are to reflect that 24 individuals with mental illness should be provided with the 25 least restrictive, safe transportation option to minimize 26 interference with their rights, dignity, and self-respect, 27 and reduce the likelihood that the act of transporting the 28 individual will be a traumatic event; and the protocols 29 should provide for a hierarchy of alternative transportation 30 options to match the totality of the circumstances presented. 31 The department of human services is required to report 32 the recommended protocols developed and the associated 33 reimbursement methodology, including any necessary changes 34 in statute or rule, to the governor and general assembly by 35 -2- LSB 1611YH (3) 86 pf/nh 2/ 3
H.F. 362 December 15, 2015. 1 -3- LSB 1611YH (3) 86 pf/nh 3/ 3