Senate
File
262
-
Introduced
SENATE
FILE
262
BY
WILHELM
A
BILL
FOR
An
Act
concerning
the
transportation
of
persons
with
a
1
substance-related
disorder
or
a
mental
illness.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
125.56
Transportation
services.
1
1.
A
county
may
contract
with
a
private
entity
to
2
appropriately
transport
any
of
the
following
persons:
3
a.
A
person
admitted
to
a
facility
pursuant
to
section
4
125.33.
5
b.
A
person
taken
into
custody
pursuant
to
section
125.81
6
and
court-ordered
to
a
hospital
or
facility
as
described
in
7
section
125.81,
subsection
2,
paragraph
“b”
or
“c”
.
8
2.
If
the
hospital
or
facility
determines
that
a
person
9
is
in
need
of
commitment
or
treatment
at
another
hospital
or
10
facility,
such
a
private
entity
shall
appropriately
transport
11
the
person
to
another
hospital
or
facility.
12
3.
A
county’s
contract
with
such
a
private
entity
is
13
independent
of
the
county’s
or
a
mental
health
and
disability
14
services
region’s
role
as
a
provider
of
mental
health
services.
15
4.
In
contracting
with
a
private
entity,
a
county
shall
16
include
provisions
to
ensure
all
of
the
following:
17
a.
The
provision
of
trained
personnel
and
the
use
18
of
appropriate
vehicles
for
the
safe
transportation
of
19
respondents.
20
b.
That
the
person’s
insurance
carriers
and
other
programs,
21
both
public
and
private,
that
provide
payment
for
such
22
transportation
services
are
fully
utilized
to
the
maximum
23
extent
possible.
24
5.
A
county
shall
implement
a
request
for
proposals
process
25
to
enter
into
a
contract
with
a
private
entity
for
the
purpose
26
of
transporting
a
person
pursuant
to
this
section.
27
6.
A
county
shall
pay
fifty
percent
of
the
transportation
28
costs
billed
by
a
private
entity
pursuant
to
this
section,
29
and
the
other
fifty
percent
of
the
costs
shall
be
paid
by
the
30
department
of
public
health.
31
7.
The
departments
of
human
services
and
public
health,
32
in
consultation
with
affected
stakeholders
including
but
not
33
limited
to
mental
health
and
disability
services
regions,
the
34
Iowa
state
association
of
counties,
the
Iowa
state
sheriffs’
35
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262
and
deputies’
association,
and
other
law
enforcement
agencies
1
in
this
state,
shall
adopt
rules
as
necessary
in
accordance
2
with
best
practices
for
the
implementation
and
administration
3
of
this
section.
4
Sec.
2.
NEW
SECTION
.
229.46
Transportation
services.
5
1.
A
mental
health
and
disability
services
region,
as
6
defined
in
section
225C.2,
may
contract
with
a
private
entity
7
to
appropriately
transport
any
of
the
following
persons:
8
a.
A
person
admitted
to
a
public
or
private
hospital
9
pursuant
to
section
229.2.
10
b.
A
person
taken
into
custody
pursuant
to
section
229.11
11
and
court-ordered
to
a
hospital
or
facility
as
described
in
12
section
229.11,
subsection
1,
paragraph
“b”
or
“c”
.
13
2.
If
the
hospital
or
facility
determines
that
a
person
14
is
in
need
of
commitment
or
treatment
at
another
hospital
or
15
facility,
such
a
private
entity
shall
appropriately
transport
16
the
person
to
another
hospital
or
facility.
17
3.
A
mental
health
and
disability
services
region’s
18
contract
with
such
a
private
entity
is
independent
of
the
19
region’s
role
as
a
provider
of
mental
health
services.
20
4.
In
contracting
with
a
private
entity,
a
region
shall
21
include
provisions
to
ensure
all
of
the
following:
22
a.
The
provision
of
trained
personnel
and
the
use
23
of
appropriate
vehicles
for
the
safe
transportation
of
24
respondents.
25
b.
That
the
person’s
insurance
carriers
and
other
programs,
26
both
public
and
private,
that
provide
payment
for
such
27
transportation
services
are
fully
utilized
to
the
maximum
28
extent
possible.
29
5.
A
mental
health
and
disability
services
region
shall
30
implement
a
request
for
proposals
process
to
enter
into
a
31
contract
with
a
private
entity
for
the
purpose
of
transporting
32
a
person
pursuant
to
this
section.
33
6.
A
mental
health
and
disability
services
region
shall
pay
34
fifty
percent
of
the
transportation
costs
billed
by
a
private
35
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262
entity
pursuant
to
this
section,
and
the
other
fifty
percent
of
1
the
costs
shall
be
paid
by
the
department
of
human
services.
2
7.
The
departments
of
human
services
and
public
health,
3
in
consultation
with
affected
stakeholders
including
but
not
4
limited
to
mental
health
and
disability
services
regions,
the
5
Iowa
state
association
of
counties,
the
Iowa
state
sheriffs’
6
and
deputies’
association,
and
other
law
enforcement
agencies
7
in
this
state,
shall
adopt
rules
as
necessary
in
accordance
8
with
best
practices
for
the
implementation
and
administration
9
of
this
section.
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
concerns
the
transportation
of
persons
with
a
14
substance-related
disorder
or
a
mental
illness.
15
The
bill
directs
a
county
or
a
mental
health
and
disability
16
services
region
as
defined
in
Code
section
225C.2,
as
17
appropriate,
to
contract
with
private
entities
to
appropriately
18
transport
a
person
who
is
admitted,
on
a
voluntary
basis,
19
to
a
facility
or
hospital
under
Code
section
125.33
20
(substance-related
disorders)
or
229.2
(mental
illness)
or
who
21
is
the
subject
of
an
immediate
involuntary
custody
order
to
22
the
nearest
available
facility
licensed
to
care
for
persons
23
with
substance
abuse
or
mental
illness
or
a
public
or
private
24
hospital.
If
the
facility
or
hospital
determines
that
a
person
25
is
in
need
of
commitment
treatment
at
another
facility
or
26
hospital,
the
private
entity
is
required
to
make
arrangements
27
to
appropriately
transport
the
person
to
another
facility
28
or
hospital.
A
county’s
or
a
mental
health
and
disability
29
services
region’s
contract
with
a
private
entity
is
independent
30
of
the
county’s
or
region’s
role
as
a
provider
of
mental
health
31
services.
In
contracting
with
a
private
entity,
a
county
or
32
a
mental
health
and
disability
services
region
is
required
to
33
include
provisions
relating
to
appropriately
trained
personnel
34
and
the
use
of
appropriate
vehicles
for
the
safe
transportation
35
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262
of
respondents,
and
fully
utilizing
the
respondents’
insurance
1
carriers
and
other
programs,
both
public
and
private,
that
2
provide
payment
for
such
transportation
services,
to
the
3
maximum
extent
possible.
4
A
county
or
a
mental
health
and
disability
services
region
5
is
required
to
implement
a
request
for
proposals
process
to
6
enter
into
a
contract
with
a
private
entity
for
the
purpose
of
7
transporting
a
person
pursuant
to
the
bill.
The
department
of
8
human
services
and
the
department
of
public
health
may
adopt
9
administrative
rules
to
administer
the
bill’s
provisions.
10
The
bill
provides
that
a
county
or
a
mental
health
and
11
disability
services
region
shall
pay
50
percent
of
the
12
transportation
costs
billed
by
a
private
entity
and
the
13
department
of
public
health
or
the
department
of
human
services
14
shall
pay
the
other
50
percent
of
the
transportation
costs,
as
15
appropriate.
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