H.F. 551 Section 1. NEW SECTION . 331.910 Interstate contracts for 1 mental health and substance-related disorder treatment. 2 1. Purpose. The purpose of this section is to enable 3 appropriate care and treatment to be provided to a person 4 with a substance-related disorder or a mental illness, across 5 state lines from the person’s state of residence, in qualified 6 hospitals, centers, and facilities. 7 2. Definitions. For the purposes of this section: 8 a. “Bordering state” means Illinois, Minnesota, Missouri, 9 Nebraska, South Dakota, or Wisconsin. 10 b. “Receiving agency” means a public or private hospital, 11 mental health center, substance abuse treatment and 12 rehabilitation facility, or detoxification center, which 13 provides substance abuse or mental health care and treatment to 14 a person from a state other than the state in which a hospital, 15 center, or facility is located. 16 c. “Receiving state” means the state in which a receiving 17 agency is located. 18 d. “Region” means a mental health and disability services 19 region formed in accordance with section 331.389 or a county 20 that has been exempted by the director of human services from 21 being required to be a part of a mental health and disability 22 services region in accordance with section 331.389. 23 e. “Sending agency” means a state or regional agency located 24 in a state which sends a person to a receiving state for 25 substance abuse or mental health care and treatment under this 26 section. 27 f. “Sending state” means the state in which a sending agency 28 is located. 29 3. Voluntary commitments. 30 a. A region may contract with a receiving agency in a 31 bordering state to secure substance abuse or mental health care 32 and treatment under this subsection for persons who receive 33 substance abuse or mental health care and treatment pursuant to 34 section 125.33 or 229.2 through a region. 35 -1- LSB 2092HV (2) 86 rh/rj 1/ 6

H.F. 551 b. This subsection shall not apply to a person who is any 1 of the following: 2 (1) Serving a criminal sentence. 3 (2) On probation or parole. 4 (3) The subject of a presentence investigation. 5 c. A region may contract with a sending agency in a 6 bordering state to provide care and treatment under this 7 subsection for residents of the bordering state in approved 8 substance abuse and mental health care and treatment hospitals, 9 centers, and facilities in this state, except that care and 10 treatment shall not be provided for residents of the bordering 11 state who are involved in criminal proceedings substantially 12 similar to the involvement described in paragraph “b” . 13 4. Involuntary commitments. 14 a. A person who is detained, committed, or placed on an 15 involuntary basis under section 125.75 or 229.6 may be confined 16 and treated in another state pursuant to a contract under this 17 section. 18 b. A person who is detained, committed, or placed on 19 an involuntary basis under the civil commitment laws of a 20 bordering state substantially similar to section 125.75 or 21 229.6 may be confined and treated in this state pursuant to a 22 contract under this section. 23 c. A law enforcement officer acting under the authority of a 24 sending state may transport a person to a receiving agency that 25 provides substance abuse or mental health care and treatment 26 pursuant to a contract under this subsection and may transport 27 the person back to the sending state under the laws of the 28 sending state. 29 d. Court orders valid under the law of the sending state 30 are granted recognition and reciprocity in the receiving state 31 for a person covered by a contract under this subsection to 32 the extent that the court orders relate to confinement for 33 substance abuse or mental health care and treatment. Such care 34 and treatment may include care and treatment for co-occurring 35 -2- LSB 2092HV (2) 86 rh/rj 2/ 6

H.F. 551 substance-related and mental health disorders. Such court 1 orders are not subject to legal challenge in the courts of the 2 receiving state. 3 e. A person who is detained, committed, or placed under the 4 laws of a sending state and who is transferred to a receiving 5 state under this section shall be considered to be in the legal 6 custody of the authority responsible for the person under the 7 laws of the sending state with respect to the involuntary 8 civil commitment of the person due to a mental illness or a 9 substance-related disorder. 10 f. While in the receiving state pursuant to a contract 11 under this subsection, a person shall be subject to all laws 12 and regulations applicable to persons detained, committed, or 13 placed pursuant to the corresponding laws and regulations of 14 the receiving state with respect to the involuntary commitment 15 of the person due to a mental illness or substance-related 16 disorder. A person shall not be sent to a receiving state 17 pursuant to a contract under this section until the receiving 18 state has enacted a law recognizing the validity and 19 applicability of this subsection. 20 g. If a person receiving care and treatment pursuant to 21 a contract under this subsection escapes from the receiving 22 agency and the person at the time of the escape is subject 23 to involuntary confinement under the laws of the sending 24 state, the receiving agency shall use all reasonable means to 25 recapture the escapee. The receiving agency shall immediately 26 report the escape of the person to the sending agency. The 27 receiving state has the primary responsibility for, and the 28 authority to direct, the pursuit, retaking, and prosecution of 29 escaped persons within its borders and is liable for the cost 30 of such action to the extent that it would be liable for costs 31 if its own resident escaped. 32 h. Responsibility for payment for the cost of care and 33 treatment under this subsection shall remain with the sending 34 agency. 35 -3- LSB 2092HV (2) 86 rh/rj 3/ 6

H.F. 551 5. A contract entered into under this section shall, at a 1 minimum, meet all of the following requirements: 2 a. Describe the care and treatment to be provided. 3 b. Establish responsibility for the costs of the care and 4 treatment, except as otherwise provided in subsection 4. 5 c. Establish responsibility for the costs of transporting 6 individuals receiving care and treatment under this section. 7 d. Specify the duration of the contract. 8 e. Specify the means of terminating the contract. 9 f. Identify the goals to be accomplished by the placement 10 of a person under this section. 11 6. This section shall apply to all of the following: 12 a. Detoxification services that are unrelated to substance 13 abuse or mental health care and treatment regardless of 14 whether the care and treatment are provided on a voluntary or 15 involuntary basis. 16 b. Substance abuse and mental health care and treatment 17 contracts that include emergency care and treatment provided to 18 a resident of this state in a bordering state. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to interstate contracts for substance 23 abuse and mental health care and treatment. 24 CONTRACTS FOR INVOLUNTARY COMMITMENTS. The bill provides 25 that a region as defined in the bill may contract with a public 26 or private agency in a bordering state to secure substance 27 abuse or mental health care and treatment for persons who may 28 receive substance abuse or mental health care and treatment 29 pursuant to Code section 125.33 or 229.2 through a region 30 in Iowa. Similarly, a region may contract with a public or 31 private agency in a bordering state to provide such care and 32 treatment for residents of the bordering state in approved 33 substance abuse or mental health treatment facilities in 34 this state. A person serving a criminal sentence, who is on 35 -4- LSB 2092HV (2) 86 rh/rj 4/ 6

H.F. 551 probation or parole, or who is the subject of a presentence 1 investigation is not eligible to receive such care and 2 treatment. The bill defines “bordering state” to mean 3 Illinois, Minnesota, Missouri, Nebraska, South Dakota, or 4 Wisconsin, and “region” to mean a mental health and disability 5 services region formed in accordance with Code section 331.389 6 and a county not required to be part of a region under that Code 7 section. 8 CONTRACTS FOR INVOLUNTARY COMMITMENTS. The bill provides 9 that a person who is detained, committed, or placed on an 10 involuntary basis under Code section 125.75 or 229.6 may 11 be confined and treated in another state pursuant to a 12 contract executed under the bill and a person who is detained, 13 committed, or placed on an involuntary basis under the civil 14 commitment laws of a bordering state substantially similar to 15 Code section 125.75 or 229.6 may be confined and treated in 16 this state pursuant to a contract executed under the bill. 17 Court orders valid under the law of the sending state are 18 granted recognition and reciprocity in the receiving state for 19 a person covered by an involuntary commitment contract under 20 the bill. A person who is detained, committed, or placed 21 under the laws of a sending state and who is transferred to a 22 receiving state is considered to be in the legal custody of 23 the authority responsible for the person under the involuntary 24 civil commitment laws of the sending state. 25 While in the receiving state pursuant to an involuntary 26 commitment contract executed under the bill, a person is 27 subject to all laws and regulations applicable to persons 28 detained, committed, or placed pursuant to the corresponding 29 involuntary civil commitment laws of the receiving state. 30 If a person receiving care and treatment pursuant to an 31 involuntary commitment contract under the bill escapes from 32 the receiving agency and the person at the time of the escape 33 is subject to involuntary confinement under the laws of the 34 sending state, the receiving agency shall use all reasonable 35 -5- LSB 2092HV (2) 86 rh/rj 5/ 6

H.F. 551 means to recapture the escapee. The receiving agency shall 1 immediately report the escape to the sending agency. The 2 receiving state has the primary responsibility for, and the 3 authority to direct, the pursuit, retaking, and prosecution of 4 escaped persons within its borders and is liable for the cost 5 of such action to the extent that it would be liable for costs 6 if its own resident escaped. 7 MISCELLANEOUS. The bill specifies minimum requirements 8 for contracts entered into under the bill. The bill applies 9 to detoxification services unrelated to substance abuse or 10 mental health care and treatment regardless of whether provided 11 on a voluntary or involuntary basis and to substance abuse 12 and mental health care and treatment contracts that include 13 emergency care and treatment. 14 -6- LSB 2092HV (2) 86 rh/rj 6/ 6