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 TLSB 2266XS (3) 86 rh/rj
S.F. 262 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 -1- LSB 2266XS (3) 86 rh/rj 1/ 4
S.F. 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 -2- LSB 2266XS (3) 86 rh/rj 2/ 4
S.F. 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 -3- LSB 2266XS (3) 86 rh/rj 3/ 4
S.F. 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. 16 -4- LSB 2266XS (3) 86 rh/rj 4/ 4