Senate File 463 - Introduced SENATE FILE 463 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 1181) A BILL FOR An Act relating to the redesign of mental health and 1 disabilities services administered by regions comprised of 2 counties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2062SV (3) 86 rh/rj
S.F. 463 Section 1. Section 135.180, subsection 3, Code 2015, is 1 amended to read as follows: 2 3. The program shall provide stipends to support 3 psychiatrist positions with an emphasis on securing and 4 retaining medical directors at community mental health 5 centers , providers of mental health services to county 6 residents pursuant to a waiver approved under section 225C.7, 7 subsection 3, Code 2011, designated under chapter 230A and 8 hospital psychiatric units that are located in mental health 9 professional shortage areas. 10 Sec. 2. Section 222.1, Code 2015, is amended to read as 11 follows: 12 222.1 Purpose of chapter —— state resource centers —— special 13 unit at state mental health institute . 14 1. This chapter addresses the public and private services 15 available in this state to meet the needs of persons with an 16 intellectual disability. The responsibility of the mental 17 health and disability services regions formed by counties and 18 of the state for the costs and administration of publicly 19 funded services shall be as set out in section 222.60 and other 20 pertinent sections of this chapter. 21 1. 2. The Glenwood state resource center and the Woodward 22 state resource center are established and shall be maintained 23 as the state’s regional resource centers for the purpose of 24 providing treatment, training, instruction, care, habilitation, 25 and support of persons with an intellectual disability or other 26 disabilities in this state, and providing facilities, services, 27 and other support to the communities located in the region 28 being served by a state resource center. In addition, the 29 state resource centers are encouraged to serve as a training 30 resource for community-based program staff, medical students, 31 and other participants in professional education programs. A 32 resource center may request the approval of the council on 33 human services to change the name of the resource center for 34 use in communication with the public, in signage, and in other 35 -1- LSB 2062SV (3) 86 rh/rj 1/ 49
S.F. 463 forms of communication. 1 2. 3. A special intellectual disability unit may be 2 maintained at one of the state mental health institutes for the 3 purposes set forth in sections 222.88 to 222.91 . 4 Sec. 3. Section 222.2, subsection 3, Code 2015, is amended 5 by striking the subsection. 6 Sec. 4. Section 222.2, Code 2015, is amended by adding the 7 following new subsections: 8 NEW SUBSECTION . 5A. “Mental health and disability services 9 region” means a mental health and disability services region 10 formed in accordance with section 331.389. 11 NEW SUBSECTION . 5B. “Regional administrator” means the 12 regional administrator of a mental health and disability 13 services region, as defined in section 331.388. 14 Sec. 5. Section 222.6, Code 2015, is amended to read as 15 follows: 16 222.6 State districts. 17 The administrator shall divide the state into two districts 18 in such manner that one of the resource centers shall be 19 located within each of the districts. Such districts may 20 from time to time be changed. After such districts have been 21 established, the administrator shall notify all boards of 22 supervisors, county auditors, regional administrators of the 23 mental health and disability services regions, and clerks of 24 the district courts of the action. Thereafter, unless the 25 administrator otherwise orders, all admissions of persons with 26 an intellectual disability from a district shall be to the 27 resource center located within such district. 28 Sec. 6. Section 222.12, subsection 2, Code 2015, is amended 29 to read as follows: 30 2. Notice of the death of the patient, and the cause 31 of death, shall be sent to the county board of supervisors 32 regional administrator of the mental health and disability 33 services region of the patient’s county of residence . The 34 fact of death with the time, place, and alleged cause shall be 35 -2- LSB 2062SV (3) 86 rh/rj 2/ 49
S.F. 463 entered upon the docket of the court. 1 Sec. 7. Section 222.13, Code 2015, is amended to read as 2 follows: 3 222.13 Voluntary admissions. 4 1. If an adult person is believed to be a person with 5 an intellectual disability, the adult person or the adult 6 person’s guardian may submit a request in writing through the 7 central point of coordination process for the county board 8 of supervisors of the adult person’s county of residence to 9 apply to the department and the superintendent of any state 10 resource center for the voluntary admission of the adult person 11 either as an inpatient or an outpatient of the resource center. 12 The board of supervisors shall, on forms prescribed by the 13 department’s administrator, apply to the superintendent of 14 the resource center in the district for the admission of the 15 adult person to the resource center. If the expenses of the 16 person’s admission or placement are payable in whole or in 17 part by the person’s county of residence, application for the 18 admission shall be made through the regional administrator. An 19 application for admission to a special unit of any adult person 20 believed to be in need of any of the services provided by the 21 special unit under section 222.88 may be made in the same 22 manner , upon request of the adult person or the adult person’s 23 guardian . The superintendent shall accept the application if 24 a preadmission diagnostic evaluation , performed through the 25 central point of coordination process, confirms or establishes 26 the need for admission, except that an application shall not be 27 accepted if the institution does not have adequate facilities 28 available or if the acceptance will result in an overcrowded 29 condition. 30 2. If the resource center has no does not have an 31 appropriate program for the treatment of an adult or minor 32 person with an intellectual disability applying under this 33 section or section 222.13A , the board of supervisors regional 34 administrator for the person’s county of residence or the 35 -3- LSB 2062SV (3) 86 rh/rj 3/ 49
S.F. 463 department, as applicable, shall arrange for the placement of 1 the person in any public or private facility within or without 2 the state, approved by the director of the department of human 3 services, which offers appropriate services for the person , as 4 determined through the central point of coordination process . 5 If the expenses of the placement are payable in whole or in 6 part by a county, the placement shall be made by the regional 7 administrator for the county. 8 3. Upon applying for admission If the expenses of an 9 admission of an adult or minor person to a resource center , or 10 a special unit, or upon arranging for of the placement of the 11 person in a public or private facility are payable in whole 12 or in part by a mental health and disability services region , 13 the board of supervisors regional administrator shall make a 14 full investigation into the financial circumstances of that the 15 person and those liable for that the person’s support under 16 section 222.78 to determine whether or not any of them are able 17 to pay the expenses arising out of the admission of the person 18 to a resource center, special treatment unit, or public or 19 private facility. If the board regional administrator finds 20 that the person or those legally responsible for the person are 21 presently unable to pay the expenses, the board shall direct 22 that regional administrator shall pay the expenses be paid by 23 the county . The board regional administrator may review its 24 such a finding at any subsequent time while the person remains 25 at the resource center, or is otherwise receiving care or 26 treatment for which this chapter obligates the county region 27 to pay. If the board regional administrator finds upon review 28 that the person or those legally responsible for the person 29 are presently able to pay the expenses, the finding shall 30 apply only to the charges incurred during the period beginning 31 on the date of the review and continuing thereafter, unless 32 and until the board regional administrator again changes its 33 such a finding. If the board regional administrator finds 34 that the person or those legally responsible for the person 35 -4- LSB 2062SV (3) 86 rh/rj 4/ 49
S.F. 463 are able to pay the expenses, the board shall direct that 1 regional administrator shall collect the charges be so paid to 2 the extent required by section 222.78 , and the county auditor 3 regional administrator shall be responsible for the collection 4 payment of the remaining charges. 5 Sec. 8. Section 222.13A, Code 2015, is amended to read as 6 follows: 7 222.13A Voluntary admissions —— minors. 8 1. If a minor is believed to be a person with an 9 intellectual disability, the minor’s parent, guardian, or 10 custodian may request the county board of supervisors to 11 apply to the department for admission of the minor as a 12 voluntary patient in a state resource center. If the resource 13 center does not have appropriate services for the minor’s 14 treatment, the board of supervisors department may arrange for 15 the admission of the minor in a public or private facility 16 within or without the state, approved by the director of human 17 services, which offers appropriate services for the minor’s 18 treatment. 19 2. Upon receipt of an application for voluntary admission of 20 a minor, the board of supervisors department shall provide for 21 a preadmission diagnostic evaluation of the minor to confirm 22 or establish the need for the admission. The preadmission 23 diagnostic evaluation shall be performed by a person who meets 24 the qualifications of a qualified intellectual disability 25 professional who is designated through the central point of 26 coordination process by the department . 27 3. During the preadmission diagnostic evaluation, the 28 minor shall be informed both orally and in writing that the 29 minor has the right to object to the voluntary admission. If 30 the preadmission diagnostic evaluation determines that the 31 voluntary admission is appropriate but the minor objects to 32 the admission, the minor shall not be admitted to the state 33 resource center unless the court approves of the admission. A 34 petition for approval of the minor’s admission may be submitted 35 -5- LSB 2062SV (3) 86 rh/rj 5/ 49
S.F. 463 to the juvenile court by the minor’s parent, guardian, or 1 custodian. 2 4. As soon as practicable after the filing of a petition for 3 approval of the voluntary admission, the court shall determine 4 whether the minor has an attorney to represent the minor in the 5 proceeding. If the minor does not have an attorney, the court 6 shall assign to the minor an attorney. If the minor is unable 7 to pay for an attorney, the attorney shall be compensated 8 by the county mental health and disability services region 9 at an hourly rate to be established by the county board of 10 supervisors regional administrator in substantially the same 11 manner as provided in section 815.7 . 12 5. The court shall order the admission of a minor who 13 objects to the admission, only after a hearing in which it 14 is shown by clear and convincing evidence that both of the 15 following circumstances exist: 16 a. The minor needs and will substantially benefit from 17 treatment or habilitation. 18 b. A placement which involves less restriction of the 19 minor’s liberties for the purposes of treatment or habilitation 20 is not feasible. 21 Sec. 9. Section 222.14, Code 2015, is amended to read as 22 follows: 23 222.14 Care by county region pending admission. 24 If the institution is unable to receive a patient, the 25 superintendent shall notify the county board of supervisors 26 of regional administrator for the county from which the 27 application in behalf of residence of the prospective patient 28 was made of the time when such person may be received . 29 Until such time as the patient is able to be received by the 30 institution, or when application has been made for admission 31 to a public or private facility as provided in section 222.13 32 and the application is pending, the care of said person the 33 patient shall be provided as arranged by the county board of 34 supervisors regional administrator . 35 -6- LSB 2062SV (3) 86 rh/rj 6/ 49
S.F. 463 Sec. 10. Section 222.59, subsection 1, unnumbered paragraph 1 1, Code 2015, is amended to read as follows: 2 Upon receiving a request from an authorized requester, the 3 superintendent of a state resource center shall coordinate 4 with the central point of coordination process regional 5 administrator for the person’s county of residence or 6 the department, as applicable, in assisting the requester 7 in identifying available community-based services as an 8 alternative to continued placement of a patient in the state 9 resource center. For the purposes of this section , “authorized 10 requester” means the parent, guardian, or custodian of a minor 11 patient, the guardian of an adult patient, or an adult patient 12 who does not have a guardian. The assistance shall identify 13 alternatives to continued placement which are appropriate to 14 the patient’s needs and shall include but are not limited to 15 any of the following: 16 Sec. 11. Section 222.60, subsections 1 and 2, Code 2015, are 17 amended to read as follows: 18 1. All necessary and legal expenses for the cost of 19 admission or for the treatment, training, instruction, care, 20 habilitation, support, and transportation of persons with 21 an intellectual disability, as provided for in the county 22 applicable regional service system management plan provisions 23 implemented pursuant to section 331.439, subsection 1 , 331.393 24 in a state resource center, or in a special unit, or any public 25 or private facility within or without the state, approved by 26 the director of human services, shall be paid by either: 27 a. The regional administrator for the person’s county of 28 residence. 29 b. The state when the person is a resident in another state 30 or in a foreign country , or when the person’s residence is 31 unknown. The payment responsibility shall be deemed to be a 32 state case. 33 2. a. Prior to the regional administrator for a county of 34 residence approving the payment of expenses for a person under 35 -7- LSB 2062SV (3) 86 rh/rj 7/ 49
S.F. 463 this section , the county regional administrator may require 1 that the person be diagnosed to determine if the person has 2 an intellectual disability or that the person be evaluated to 3 determine the appropriate level of services required to meet 4 the person’s needs relating to an intellectual disability. The 5 diagnosis and the evaluation may be performed concurrently and 6 shall be performed by an individual or individuals approved 7 by the regional administrator for the person’s county who 8 are qualified to perform the diagnosis or the evaluation. 9 Following the initial approval for payment of expenses, the 10 county regional administrator may require that an evaluation be 11 performed at reasonable time periods. 12 b. The cost of a county-required regional 13 administrator-required diagnosis and an evaluation is 14 at the county’s mental health and disability services region’s 15 expense. For a state case, the state may apply the diagnosis 16 and evaluation provisions of this subsection at the state’s 17 expense. 18 c. A diagnosis or an evaluation under this section may be 19 part of a county’s central point of coordination process under 20 section 331.440 , diagnosis and assessment process implemented 21 by the applicable regional administrator, provided that a 22 diagnosis is performed only by an individual qualified as 23 provided in this section . 24 Sec. 12. Section 222.61, Code 2015, is amended to read as 25 follows: 26 222.61 Residency determined. 27 When a county receives an application on behalf of any person 28 for admission to a resource center or a special unit, the board 29 of supervisors application shall refer the determination of 30 residency be forwarded to the central point of coordination 31 process regionaladministrator for the county to determine and 32 certify that the residence of the person is in one of the 33 following: 34 1. In the county in which the application is received. 35 -8- LSB 2062SV (3) 86 rh/rj 8/ 49
S.F. 463 2. In some other county of the state. 1 3. In another state or in a foreign country. 2 4. Unknown. 3 Sec. 13. Section 222.62, Code 2015, is amended to read as 4 follows: 5 222.62 Residency in another county. 6 When the board of supervisors determines through the central 7 point of coordination process regional administrator for the 8 county determines that the residency of the person is other 9 than in the county in which the application is received, the 10 determination shall be certified to the superintendent of 11 the resource center or the special unit where the person is 12 a patient. The certification shall be accompanied by a copy 13 of the evidence supporting the determination. The If the 14 person is not eligible for the medical assistance program, the 15 superintendent shall charge the expenses already incurred and 16 unadjusted , and all future expenses of the patient, to the 17 county certified to be mental health and disability services 18 region for the county of the person’s residency. 19 Sec. 14. Section 222.63, Code 2015, is amended to read as 20 follows: 21 222.63 Finding of residency —— objection. 22 A board of supervisors’ certification utilizing the 23 central point of coordination process through the regional 24 administrator for a county that a person’s residency is 25 in another county shall be sent to the auditor of regional 26 administrator for the county of residence. The certification 27 shall be accompanied by a copy of the evidence supporting the 28 determination. The auditor of regional administrator for the 29 county of residence shall submit the certification to the board 30 of supervisors of the auditor’s regional administrator for the 31 county and it shall be conclusively presumed that the patient 32 has residency in that county unless the regional administrator 33 for that county disputes the determination of residency as 34 provided in section 331.394 . 35 -9- LSB 2062SV (3) 86 rh/rj 9/ 49
S.F. 463 Sec. 15. Section 222.64, Code 2015, is amended to read as 1 follows: 2 222.64 Foreign state or country or unknown residency. 3 If the residency of the person is determined by a regional 4 administrator on behalf of a county or by the state to be in 5 a foreign state or country or is determined to be unknown, 6 the county regional administrator or the state shall certify 7 the determination to the administrator . The certification 8 shall be accompanied by a copy of the evidence supporting the 9 determination. The care of the person shall be as arranged by 10 the county regional administrator or the state. Application 11 for admission may be made pending investigation by the 12 administrator. 13 Sec. 16. Section 222.73, subsection 2, paragraph a, 14 subparagraph (6), Code 2015, is amended to read as follows: 15 (6) A county mental health and disability services region 16 shall not be billed for the cost of a patient unless the 17 patient’s admission is authorized through the applicable 18 central point of coordination process regional administrator . 19 The state resource center and the county regional administrator 20 shall work together to locate appropriate alternative 21 placements and services, and to educate patients and the family 22 members of patients regarding such alternatives. 23 Sec. 17. Section 222.73, subsection 2, paragraph b, Code 24 2015, is amended to read as follows: 25 b. The per diem costs billed to each county mental health 26 and disability services region shall not exceed the per diem 27 costs billed to the county in the fiscal year beginning July 28 1, 1996. However, the per diem costs billed to a county may 29 be adjusted in for a fiscal year to reflect increased costs to 30 the extent of the percentage increase in the total of county 31 fixed budgets pursuant to the allowed growth factor adjustment 32 authorized statewide per capita expenditure target amount, 33 if any per capita growth amount is authorized by the general 34 assembly for that fiscal year in accordance with section 35 -10- LSB 2062SV (3) 86 rh/rj 10/ 49
S.F. 463 331.439 331.424A . 1 Sec. 18. Section 222.92, subsection 3, paragraph a, Code 2 2015, is amended to read as follows: 3 a. Moneys received by the state from billings to counties 4 and regional administrators for the counties . 5 Sec. 19. Section 225.1, Code 2015, is amended to read as 6 follows: 7 225.1 Establishment —— definitions . 8 1. There shall be established a The state psychiatric 9 hospital , is established. The hospital shall be especially 10 designed, kept, and administered for the care, observation, 11 and treatment of those persons who are afflicted with abnormal 12 mental conditions. 13 2. For the purposes of this chapter, unless the context 14 otherwise requires: 15 a. “Mental health and disability services region” means 16 a mental health and disability services region approved in 17 accordance with section 331.389. 18 b. “Regional administrator” means the administrator of a 19 mental health and disability services region, as defined in 20 section 331.388. 21 Sec. 20. Section 225.10, unnumbered paragraph 1, Code 2015, 22 is amended to read as follows: 23 Persons suffering from mental diseases may be admitted to 24 the state psychiatric hospital as voluntary public patients 25 if a physician authorized to practice medicine or osteopathic 26 medicine in the state of Iowa files information with the board 27 of supervisors regional administrator of the person’s county 28 of residence or the board’s designee , stating all of the 29 following: 30 Sec. 21. Section 225.11, Code 2015, is amended to read as 31 follows: 32 225.11 Initiating commitment procedures. 33 When a court finds upon completion of a hearing held pursuant 34 to section 229.12 that the contention that a respondent is 35 -11- LSB 2062SV (3) 86 rh/rj 11/ 49
S.F. 463 seriously mentally impaired has been sustained by clear and 1 convincing evidence, and the application filed under section 2 229.6 also contends or the court otherwise concludes that it 3 would be appropriate to refer the respondent to the state 4 psychiatric hospital for a complete psychiatric evaluation and 5 appropriate treatment pursuant to section 229.13 , the judge 6 may order that a financial investigation be made in the manner 7 prescribed by section 225.13 . If the costs of a respondent’s 8 evaluation or treatment are payable in whole or in part by 9 a county, an order under this section shall be for referral 10 of the respondent through the central point of coordination 11 process regional administrator for the respondent’s county of 12 residence for an evaluation and referral of the respondent 13 to an appropriate placement or service, which may include 14 the state psychiatric hospital for additional evaluation or 15 treatment. For purposes of this chapter , “central point of 16 coordination process” means the same as defined in section 17 331.440 . 18 Sec. 22. Section 225.12, Code 2015, is amended to read as 19 follows: 20 225.12 Voluntary public patient —— physician’s report. 21 A physician filing information under section 225.10 shall 22 include a written report to the county board of supervisors 23 or the board’s designee regional administrator for the 24 county of residence of the person named in the information , 25 giving a history of the case as will be likely to aid in the 26 observation, treatment, and hospital care of the person named 27 in the information and describing the history in detail. 28 Sec. 23. Section 225.13, Code 2015, is amended to read as 29 follows: 30 225.13 Financial condition. 31 The county board of supervisors or the board’s designee 32 regional administrator of the county of residence of a person 33 being admitted to the state psychiatric hospital is responsible 34 for investigating the financial condition of a person being 35 -12- LSB 2062SV (3) 86 rh/rj 12/ 49
S.F. 463 admitted to the state psychiatric hospital the person and of 1 those legally responsible for the person’s support. 2 Sec. 24. Section 225.15, Code 2015, is amended to read as 3 follows: 4 225.15 Examination and treatment. 5 1. When a respondent arrives at the state psychiatric 6 hospital, the admitting physician shall examine the respondent 7 and determine whether or not, in the physician’s judgment, the 8 respondent is a fit subject for observation, treatment, and 9 hospital care. If, upon examination, the physician decides 10 that the respondent should be admitted to the hospital, the 11 respondent shall be provided a proper bed in the hospital. The 12 physician who has charge of the respondent shall proceed with 13 observation, medical treatment, and hospital care as in the 14 physician’s judgment are proper and necessary, in compliance 15 with sections 229.13 to 229.16 . After the respondent’s 16 admission, the observation, medical treatment, and hospital 17 care of the respondent may be provided by a mental health 18 professional, as defined in section 228.1 , who is licensed as a 19 physician, advanced registered nurse practitioner, or physician 20 assistant. 21 2. A proper and competent nurse shall also be assigned to 22 look after and care for the respondent during observation, 23 treatment, and care. Observation, treatment, and hospital care 24 under this section which are payable in whole or in part by a 25 county shall only be provided as determined through the central 26 point of coordination process regional administrator of the 27 respondent’s county of residence . 28 Sec. 25. Section 225.16, subsection 1, Code 2015, is amended 29 to read as follows: 30 1. If the county board of supervisors or the board’s 31 designee regional administrator for a person’s county of 32 residence finds from the physician’s information which was 33 filed under the provisions of section 225.10 that it would 34 be appropriate for the person to be admitted to the state 35 -13- LSB 2062SV (3) 86 rh/rj 13/ 49
S.F. 463 psychiatric hospital, and the report of the county board of 1 supervisors or the board’s designee regional administrator made 2 pursuant to section 225.13 shows that the person and those who 3 are legally responsible for the person are not able to pay the 4 expenses incurred at the hospital, or are able to pay only a 5 part of the expenses, the person shall be considered to be a 6 voluntary public patient and the board of supervisors regional 7 administrator shall direct that the person shall be sent to the 8 state psychiatric hospital at the state university of Iowa for 9 observation, treatment, and hospital care. 10 Sec. 26. Section 225.17, subsection 2, Code 2015, is amended 11 to read as follows: 12 2. When the respondent arrives at the hospital, the 13 respondent shall receive the same treatment as is provided for 14 committed public patients in section 225.15 , in compliance with 15 sections 229.13 to 229.16 . However, observation, treatment, 16 and hospital care under this section of a respondent whose 17 expenses are payable in whole or in part by a county shall 18 only be provided as determined through the central point of 19 coordination process regional administrator of the respondent’s 20 county of residence . 21 Sec. 27. Section 225.18, Code 2015, is amended to read as 22 follows: 23 225.18 Attendants. 24 The county board of supervisors or the board’s designee 25 regional administrator may appoint a person an attendant to 26 accompany the committed public patient or the voluntary public 27 patient or the committed private patient from the place where 28 the patient may be to the state psychiatric hospital, or to 29 accompany the patient from the hospital to a place as may be 30 designated by the county regional administrator . If a patient 31 is moved pursuant to this section , at least one attendant shall 32 be of the same gender as the patient. 33 Sec. 28. Section 225.19, Code 2015, is amended to read as 34 follows: 35 -14- LSB 2062SV (3) 86 rh/rj 14/ 49
S.F. 463 225.19 Compensation for attendant. 1 An individual appointed by the county board of supervisors 2 or the board’s designee regional administrator in accordance 3 with section 225.18 to accompany a person to or from the 4 hospital or to make an investigation and report on any question 5 involved in the matter shall receive three dollars per day for 6 the time actually spent in making the investigation and actual 7 necessary expenses incurred in making the investigation or 8 trip. This section does not apply to an appointee who receives 9 fixed compensation or a salary. 10 Sec. 29. Section 225.21, Code 2015, is amended to read as 11 follows: 12 225.21 Compensation claims —— filing —— approval. 13 The person making claim to compensation under section 225.19 14 shall file the claim in the office of the county auditor 15 regional administrator for the person’s county of residence . 16 The claim is subject to review and approval by the board of 17 supervisors or the board’s designee regional administrator for 18 the county . 19 Sec. 30. Section 225.24, Code 2015, is amended to read as 20 follows: 21 225.24 Collection of preliminary expense. 22 Unless a committed private patient or those legally 23 responsible for the patient’s support offer to settle 24 the amount of the claims, the county auditor of regional 25 administrator for the person’s county of residence shall 26 collect, by action if necessary, the amount of all claims 27 for per diem and expenses that have been approved by the 28 county board of supervisors or the board’s designee regional 29 administrator for the county and paid by the county regional 30 administrator as provided under section 225.21 . Any amount 31 collected shall be credited to the county treasury mental 32 health and disabilities services fund created in accordance 33 with section 331.424A . 34 Sec. 31. Section 225.27, Code 2015, is amended to read as 35 -15- LSB 2062SV (3) 86 rh/rj 15/ 49
S.F. 463 follows: 1 225.27 Discharge —— transfer. 2 The state psychiatric hospital may, at any time, discharge 3 any patient as recovered, as improved, or as not likely to 4 be benefited by further treatment. If the patient being so 5 discharged was involuntarily hospitalized, the hospital shall 6 notify the committing judge or court of the discharge as 7 required by section 229.14 or section 229.16 , whichever is 8 applicable , and the applicable regional administrator . Upon 9 receiving the notification, the court shall issue an order 10 confirming the patient’s discharge from the hospital or from 11 care and custody, as the case may be, and shall terminate the 12 proceedings pursuant to which the order was issued. The court 13 or judge shall, if necessary, appoint a person to accompany the 14 discharged patient from the state psychiatric hospital to such 15 place as the hospital or the court may designate, or authorize 16 the hospital to appoint such attendant. 17 Sec. 32. Section 225C.2, subsection 2, Code 2015, is amended 18 by striking the subsection. 19 Sec. 33. Section 225C.5, subsection 1, paragraph f, Code 20 2015, is amended to read as follows: 21 f. Two members shall be staff members of regional 22 administrators of the central point of coordination process 23 established in accordance with section 331.440 selected from 24 nominees submitted by the community services affiliate of the 25 Iowa state association of counties. 26 Sec. 34. Section 225C.6, subsection 1, paragraph i, 27 subparagraph (1), Code 2015, is amended to read as follows: 28 (1) The extent to which services to persons with 29 disabilities are actually available to persons in each county 30 and mental health and disability services region in the state 31 and the quality of those services. 32 Sec. 35. Section 225C.6, subsection 1, paragraph m, Code 33 2015, is amended to read as follows: 34 m. Identify disability services outcomes and indicators to 35 -16- LSB 2062SV (3) 86 rh/rj 16/ 49
S.F. 463 support the ability of eligible persons with a disability to 1 live, learn, work, and recreate in communities of the persons’ 2 choice. The identification duty includes but is not limited to 3 responsibility for identifying, collecting, and analyzing data 4 as necessary to issue reports on outcomes and indicators at the 5 county , region, and state levels. 6 Sec. 36. Section 225C.13, subsection 1, Code 2015, is 7 amended to read as follows: 8 1. The administrator assigned, in accordance with section 9 218.1 , to control the state mental health institutes and 10 the state resource centers may enter into agreements under 11 which a facility or portion of a facility administered by the 12 administrator is leased to a department or division of state 13 government, a county or group of counties, a mental health and 14 disability services region, or a private nonprofit corporation 15 organized under chapter 504 . A lease executed under this 16 section shall require that the lessee use the leased premises 17 to deliver either disability services or other services 18 normally delivered by the lessee. 19 Sec. 37. Section 225C.14, Code 2015, is amended to read as 20 follows: 21 225C.14 Preliminary diagnostic evaluation. 22 1. Except in cases of medical emergency, a person shall be 23 admitted to a state mental health institute as an inpatient 24 only after a preliminary diagnostic evaluation performed 25 through the central point of coordination process regional 26 administrator of the person’s county of residence has confirmed 27 that the admission is appropriate to the person’s mental health 28 needs, and that no suitable alternative method of providing the 29 needed services in a less restrictive setting or in or nearer 30 to the person’s home community is currently available. If 31 provided for through the central point of coordination process 32 regional administrator , the evaluation may be performed by a 33 community mental health center or by an alternative diagnostic 34 facility. The policy established by this section shall be 35 -17- LSB 2062SV (3) 86 rh/rj 17/ 49
S.F. 463 implemented in the manner and to the extent prescribed by 1 sections 225C.15 , 225C.16 and 225C.17 . 2 2. As used in this section and sections 225C.15 , 225C.16 3 and 225C.17 , the term “medical emergency” means a situation 4 in which a prospective patient is received at a state mental 5 health institute in a condition which, in the opinion of the 6 chief medical officer, or that officer’s physician designee, 7 requires the immediate admission of the person notwithstanding 8 the policy stated in subsection 1 . 9 Sec. 38. Section 225C.15, Code 2015, is amended to read as 10 follows: 11 225C.15 County implementation of evaluations. 12 The board of supervisors of regional administrator for a 13 county shall , no later than July 1, 1982, require that the 14 policy stated in section 225C.14 be followed with respect 15 to admission of persons from that county to a state mental 16 health institute. A community mental health center which is 17 supported, directly or in affiliation with other counties, by 18 that county may perform the preliminary diagnostic evaluations 19 for that county, unless the performance of the evaluations 20 is not covered by the agreement entered into by the county 21 regional administrator and the center, and the center’s 22 director certifies to the board of supervisors regional 23 administrator that the center does not have the capacity to 24 perform the evaluations, in which case the board of supervisors 25 regional administrator shall proceed under section 225C.17 . 26 Sec. 39. Section 225C.16, Code 2015, is amended to read as 27 follows: 28 225C.16 Referrals for evaluation. 29 1. The chief medical officer of a state mental health 30 institute, or that officer’s physician designee, shall advise 31 a person residing in that county who applies for voluntary 32 admission, or a person applying for the voluntary admission 33 of another person who resides in that county, in accordance 34 with section 229.41 , that the board of supervisors regional 35 -18- LSB 2062SV (3) 86 rh/rj 18/ 49
S.F. 463 administrator for the county has implemented the policy 1 stated in section 225C.14 , and shall advise that a preliminary 2 diagnostic evaluation of the prospective patient be sought, 3 if that has not already been done. This subsection does not 4 apply when voluntary admission is sought in accordance with 5 section 229.41 under circumstances which, in the opinion of the 6 chief medical officer or that officer’s physician designee, 7 constitute a medical emergency. 8 2. The clerk of the district court in that county shall 9 refer a person applying for authorization for voluntary 10 admission, or for authorization for voluntary admission of 11 another person, in accordance with section 229.42 , to the 12 appropriate entity designated through the central point of 13 coordination process regional administrator of the person’s 14 county of residence under section 225C.14 for the preliminary 15 diagnostic evaluation unless the applicant furnishes a written 16 statement from the appropriate entity which indicates that the 17 evaluation has been performed and that the person’s admission 18 to a state mental health institute is appropriate. This 19 subsection does not apply when authorization for voluntary 20 admission is sought under circumstances which, in the opinion 21 of the chief medical officer or that officer’s physician 22 designee, constitute a medical emergency. 23 3. Judges of the district court in that county or the 24 judicial hospitalization referee appointed for that county 25 shall so far as possible arrange for the entity designated 26 through the central point of coordination process regional 27 administrator under section 225C.14 to perform a prehearing 28 examination of a respondent required under section 229.8, 29 subsection 3 , paragraph “b” . 30 4. The chief medical officer of a state mental health 31 institute shall promptly submit to the appropriate entity 32 designated through the central point of coordination process 33 regional administrator under section 225C.14 a report of the 34 voluntary admission of a patient under the medical emergency 35 -19- LSB 2062SV (3) 86 rh/rj 19/ 49
S.F. 463 clauses provisions of subsections 1 and 2 . The report shall 1 explain the nature of the emergency which necessitated the 2 admission of the patient without a preliminary diagnostic 3 evaluation by the designated entity. 4 Sec. 40. Section 225C.17, Code 2015, is amended to read as 5 follows: 6 225C.17 Alternative diagnostic facility. 7 If a county is not served by a community mental health 8 center having the capacity to perform the required preliminary 9 diagnostic evaluations, the board of supervisors regional 10 administrator for the county shall arrange for the evaluations 11 to be performed by an alternative diagnostic facility for 12 the period until the county is served by a community mental 13 health center with the capacity to provide that service. An 14 alternative diagnostic facility may be the outpatient service 15 of a state mental health institute or any other mental health 16 facility or service able to furnish the requisite professional 17 skills to properly perform a preliminary diagnostic evaluation 18 of a person whose admission to a state mental health institute 19 is being sought or considered on either a voluntary or an 20 involuntary basis. 21 Sec. 41. Section 225C.19, subsection 3, paragraphs a, b, and 22 c, Code 2015, are amended to read as follows: 23 a. Standards for accrediting or approving emergency mental 24 health crisis services providers. Such providers may include 25 but are not limited to a community mental health center 26 designated under chapter 230A , a provider approved in a waiver 27 adopted by the commission to provide services to a county 28 in lieu of a community mental health center, a unit of the 29 department or other state agency, a county, a mental health 30 and disability services region, or any other public or private 31 provider who meets the accreditation or approval standards for 32 an emergency mental health crisis services provider. 33 b. Identification by the division of geographic regions, 34 groupings of mental health and disability services regions, 35 -20- LSB 2062SV (3) 86 rh/rj 20/ 49
S.F. 463 service areas, or other means of distributing and organizing 1 the emergency mental health crisis services system to ensure 2 statewide availability of the services. 3 c. Coordination of emergency mental health crisis services 4 with all of the following: 5 (1) The district and juvenile courts. 6 (2) Law enforcement. 7 (3) Judicial district departments of correctional services. 8 (4) County central point of coordination processes Mental 9 health and disability services regions . 10 (5) Other mental health, substance abuse, and co-occurring 11 mental illness and substance abuse services available through 12 the state and counties to serve both children and adults. 13 Sec. 42. Section 225C.20, Code 2015, is amended to read as 14 follows: 15 225C.20 Responsibilities of counties mental health and 16 disabilities services regions for individual case management 17 services. 18 Individual case management services funded under medical 19 assistance shall be provided by the department except when 20 a county or a consortium of counties contracts with the 21 department to provide the services. A county or consortium 22 of counties regional administrator may contract for one or 23 more counties of the region to be the provider at any time 24 and the department shall agree to the contract so long as 25 the contract meets the standards for case management adopted 26 by the department. The county or consortium of counties 27 regional administrator may subcontract for the provision 28 of case management services so long as the subcontract 29 meets the same standards. A county board of supervisors 30 regional administrator may change the provider of individual 31 case management services at any time. If the current or 32 proposed contract is with the department, the county board 33 of supervisors regional administrator shall provide written 34 notification of a change at least ninety days before the date 35 -21- LSB 2062SV (3) 86 rh/rj 21/ 49
S.F. 463 the change will take effect. 1 Sec. 43. Section 225C.54, subsection 1, Code 2015, is 2 amended to read as follows: 3 1. The mental health services system for children and youth 4 shall be initially implemented by the division commencing 5 with the fiscal year beginning July 1, 2008. The division 6 shall begin implementation by utilizing a competitive bidding 7 process to allocate state block grants to develop services 8 through existing community mental health centers , providers 9 approved in a waiver adopted by the commission to provide 10 services to a county in lieu of a community mental health 11 center, designated under chapter 230A and other local service 12 partners. The implementation shall be limited to the extent of 13 the appropriations provided for the children’s system. 14 Sec. 44. Section 226.1, Code 2015, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 4. For the purposes of this chapter, unless 17 the context otherwise requires: 18 a. “Administrator” means the person assigned by the 19 director of human services to control the state mental health 20 institutes. 21 b. “Department” means the department of human services. 22 c. “Mental health and disability services region” means 23 a mental health and disability services region formed in 24 accordance with section 331.389. 25 d. “Regional administrator” means the regional administrator 26 of a mental health and disability services region, as defined 27 in section 331.388. 28 Sec. 45. Section 226.9C, subsection 2, paragraphs a and c, 29 Code 2015, are amended to read as follows: 30 a. A county may split the The charges payable by a 31 county may be split between the county’s mental health and 32 disabilities services fund created pursuant to section 331.424A 33 and the county’s budget for substance abuse substance-related 34 disorder expenditures. 35 -22- LSB 2062SV (3) 86 rh/rj 22/ 49
S.F. 463 c. (1) Prior to an individual’s admission for dual 1 diagnosis treatment, the individual shall have been 2 prescreened. The person performing the prescreening shall 3 be either the mental health professional, as defined in 4 section 228.1 , who is contracting with the county central 5 point of coordination process regional administrator for the 6 county’s mental health and disability services region to 7 provide the prescreening or a mental health professional with 8 the requisite qualifications. A mental health professional 9 with the requisite qualifications shall meet all of the 10 following qualifications: is a mental health professional as 11 defined in section 228.1 , is an alcohol and drug counselor 12 certified by the nongovernmental Iowa board of substance abuse 13 certification, and is employed by or providing services for a 14 facility, as defined in section 125.2 . 15 (2) Prior to an individual’s admission for dual diagnosis 16 treatment, the individual shall have been screened through a 17 county’s central point of coordination process implemented 18 pursuant to section 331.440 regional administrator to determine 19 the appropriateness of the treatment. 20 Sec. 46. Section 226.32, Code 2015, is amended to read as 21 follows: 22 226.32 Overcrowded conditions. 23 The administrator shall order the discharge or removal 24 from the hospital of incurable and harmless patients whenever 25 it is necessary to make room for recent cases. If a patient 26 who is to be so discharged entered the hospital voluntarily, 27 the administrator shall notify the auditor of regional 28 administrator for the county interested at least ten days in 29 advance of the day of actual discharge. 30 Sec. 47. Section 226.34, subsection 2, Code 2015, is amended 31 to read as follows: 32 2. If a patient in a mental health institute dies from any 33 cause, the superintendent of the institute shall within three 34 days of the date of death, send by certified mail a written 35 -23- LSB 2062SV (3) 86 rh/rj 23/ 49
S.F. 463 notice of death to all of the following: 1 a. The decedent’s nearest relative. 2 b. The clerk of the district court of the county from which 3 the patient was committed. 4 c. The sheriff of the county from which the patient was 5 committed. 6 d. The regional administrator for the county from which the 7 patient was committed. 8 Sec. 48. Section 227.1, Code 2015, is amended to read as 9 follows: 10 227.1 Supervision Definitions —— supervision . 11 1. For the purposes of this chapter, unless the context 12 otherwise requires: 13 a. “Administrator” means the person assigned by the director 14 of human services in the appropriate division of the department 15 to administer mental health and disability services. 16 b. “Department” means the department of human services. 17 c. “Mental health and disability services region” means 18 a mental health and disability services region formed in 19 accordance with section 331.389. 20 d. “Regional administrator” means the regional administrator 21 of a mental health and disability services region, as defined 22 in section 331.388. 23 2. All The regulatory requirements for county and private 24 institutions wherein where persons with mental illness or an 25 intellectual disability are kept admitted, committed, or placed 26 shall be under the supervision of the administrator. 27 Sec. 49. Section 227.2, subsection 1, unnumbered paragraph 28 1, Code 2015, is amended to read as follows: 29 The director of inspections and appeals shall make, or cause 30 to be made, at least one licensure inspection each year of 31 every county care facility. Either the administrator of the 32 division or the director of the department of inspections and 33 appeals, in cooperation with each other, upon receipt of a 34 complaint or for good cause, may make, or cause to be made, 35 -24- LSB 2062SV (3) 86 rh/rj 24/ 49
S.F. 463 a review of a county care facility or of any other private 1 or county institution where persons with mental illness or 2 an intellectual disability reside. A licensure inspection 3 or a review shall be made by a competent and disinterested 4 person who is acquainted with and interested in the care of 5 persons with mental illness and persons with an intellectual 6 disability. The objective of a licensure inspection or a 7 review shall be an evaluation of the programming and treatment 8 provided by the facility. After each licensure inspection of a 9 county care facility, the person who made the inspection shall 10 consult with the county authorities regional administrator 11 for the county in which the facility is located on plans and 12 practices that will improve the care given patients and . The 13 person shall also make recommendations to the administrator of 14 the division and the director of public health for coordinating 15 and improving the relationships between the administrators of 16 county care facilities, the administrator of the division, 17 the director of public health, the superintendents of state 18 mental health institutes and resource centers, community 19 mental health centers, mental health and disability services 20 regions, and other cooperating agencies, to cause improved 21 and more satisfactory care of patients. A written report of 22 each licensure inspection of a county care facility under this 23 section shall be filed by the person with the administrator 24 of the division and the director of public health and shall 25 include: 26 Sec. 50. Section 227.2, subsection 1, paragraph f, Code 27 2015, is amended to read as follows: 28 f. The recommendations given to and received from county 29 authorities the regional administrator on methods and practices 30 that will improve the conditions under which the county care 31 facility is operated. 32 Sec. 51. Section 227.2, subsection 2, Code 2015, is amended 33 to read as follows: 34 2. A copy of the written report prescribed by subsection 35 -25- LSB 2062SV (3) 86 rh/rj 25/ 49
S.F. 463 1 shall be furnished to the county board of supervisors, 1 to the county mental health and intellectual disability 2 coordinating board or to its advisory board if the county board 3 of supervisors constitutes ex officio the coordinating board 4 regional administrator for the county , to the administrator 5 of the county care facility inspected and to its certified 6 volunteer long-term care ombudsman, and to the department on 7 aging. 8 Sec. 52. Section 227.4, Code 2015, is amended to read as 9 follows: 10 227.4 Standards for care of persons with mental illness or an 11 intellectual disability in county care facilities. 12 The administrator, in cooperation with the department of 13 inspections and appeals, shall recommend and the mental health 14 and disability services commission created in section 225C.5 15 shall adopt , or amend and adopt, standards for the care of and 16 services to persons with mental illness or an intellectual 17 disability residing in county care facilities. The standards 18 shall be enforced by the department of inspections and appeals 19 as a part of the licensure inspection conducted pursuant to 20 chapter 135C . The objective of the standards is to ensure 21 that persons with mental illness or an intellectual disability 22 who are residents of county care facilities are not only 23 adequately fed, clothed, and housed, but are also offered 24 reasonable opportunities for productive work and recreational 25 activities suited to their physical and mental abilities and 26 offering both a constructive outlet for their energies and, if 27 possible, therapeutic benefit. When recommending standards 28 under this section , the administrator shall designate an 29 advisory committee representing administrators of county care 30 facilities, county mental health and developmental disabilities 31 regional planning councils regional administrators , mental 32 health and disability services region governing boards, 33 and county care facility certified volunteer long-term care 34 ombudsmen to assist in the establishment of standards. 35 -26- LSB 2062SV (3) 86 rh/rj 26/ 49
S.F. 463 Sec. 53. Section 227.10, Code 2015, is amended to read as 1 follows: 2 227.10 Transfers from county or private institutions. 3 Patients who have been admitted at public expense to 4 any institution to which this chapter is applicable may be 5 involuntarily transferred to the proper state hospital for 6 persons with mental illness in the manner prescribed by 7 sections 229.6 to 229.13 . The application required by section 8 229.6 may be filed by the administrator of the division or 9 the administrator’s designee, or by the administrator of the 10 institution where the patient is then being maintained or 11 treated. If the patient was admitted to that institution 12 involuntarily, the administrator of the division may arrange 13 and complete the transfer, and shall report it as required 14 of a chief medical officer under section 229.15, subsection 15 5 . The transfer shall be made at county the mental health 16 and disabilities services region’s expense, and the expense 17 recovered, as provided in section 227.7 . However, transfer 18 under this section of a patient whose expenses are payable in 19 whole or in part by a county the mental health and disabilities 20 services region is subject to an authorization for the transfer 21 through the central point of coordination process regional 22 administrator for the patient’s county of residence . 23 Sec. 54. Section 227.11, Code 2015, is amended to read as 24 follows: 25 227.11 Transfers from state hospitals. 26 A regional administrator for the county chargeable with 27 the expense of a patient in a state hospital for persons with 28 mental illness shall transfer the patient to a county or 29 private institution for persons with mental illness that is in 30 compliance with the applicable rules when the administrator 31 of the division or the administrator’s designee orders the 32 transfer on a finding that the patient is suffering from 33 chronic mental illness or from senility a serious mental 34 illness and will receive equal benefit by being so transferred. 35 -27- LSB 2062SV (3) 86 rh/rj 27/ 49
S.F. 463 A county mental health and disability services region shall 1 transfer to its a county care facility any patient in a state 2 hospital for persons with mental illness upon request of the 3 superintendent of the state hospital in which the patient is 4 confined pursuant to the superintendent’s authority under 5 section 229.15, subsection 5 , and approval by the board of 6 supervisors of regional administrator for the county of the 7 patient’s residence. In no case shall a patient be thus 8 transferred except upon compliance with section 229.14A or 9 without the written consent of a relative, friend, or guardian 10 if such relative, friend, or guardian pays the expense of 11 the care of such patient in a state hospital. Patients 12 transferred to a public or private facility under this 13 section may subsequently be placed on convalescent or limited 14 leave or transferred to a different facility for continued 15 full-time custody, care, and treatment when, in the opinion 16 of the attending physician or the chief medical officer of 17 the hospital from which the patient was so transferred, the 18 best interest of the patient would be served by such leave or 19 transfer. For any patient who is involuntarily committed, any 20 transfer made under this section is subject to the placement 21 hearing requirements of section 229.14A . 22 Sec. 55. Section 227.12, Code 2015, is amended to read as 23 follows: 24 227.12 Difference of opinion. 25 When a difference of opinion exists between the 26 administrator of the division and the authorities in charge 27 of any private or county hospital in regard to the removal 28 transfer of a patient or patients as herein provided in 29 sections 227.10 and 227.11 , the matter shall be submitted to 30 the district court of the county in which such hospital is 31 situated and shall be summarily tried as an equitable action, 32 and the judgment of the district court shall be final. 33 Sec. 56. Section 227.14, Code 2015, is amended to read as 34 follows: 35 -28- LSB 2062SV (3) 86 rh/rj 28/ 49
S.F. 463 227.14 Caring for persons with mental illness from other 1 counties. 2 Boards of supervisors of counties having no The regional 3 administrator for a county that does not have proper facilities 4 for caring for persons with mental illness may, with the 5 consent of the administrator of the division, provide for 6 such care at the expense of the county mental health and 7 disabilities services region in any convenient and proper 8 county or private institution for persons with mental illness 9 which is willing to receive them the persons . 10 Sec. 57. Section 229.1, subsection 3, Code 2015, is amended 11 by striking the subsection. 12 Sec. 58. Section 229.1, Code 2015, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 8A. “Mental health and disability services 15 region” means a mental health and disability services region 16 formed in accordance with section 331.389. 17 NEW SUBSECTION . 14A. “Regional administrator” means the 18 regional administrator of a mental health and disability 19 services region, as defined in section 331.388. 20 Sec. 59. Section 229.1B, Code 2015, is amended to read as 21 follows: 22 229.1B Central point of coordination process Regional 23 administrator . 24 Notwithstanding any provision of this chapter to the 25 contrary, any person whose hospitalization expenses are payable 26 in whole or in part by a county mental health and disabilities 27 services region shall be subject to all administrative 28 requirements of the central point of coordination process 29 regional administrator for the county . 30 Sec. 60. Section 229.2, subsection 1, paragraph b, 31 subparagraph (3), Code 2015, is amended to read as follows: 32 (3) As soon as is practicable after the filing of a 33 petition for juvenile court approval of the admission of the 34 minor, the juvenile court shall determine whether the minor 35 -29- LSB 2062SV (3) 86 rh/rj 29/ 49
S.F. 463 has an attorney to represent the minor in the hospitalization 1 proceeding, and if not, the court shall assign to the minor 2 an attorney. If the minor is financially unable to pay for 3 an attorney, the attorney shall be compensated by the county 4 mental health and disabilities services region at an hourly 5 rate to be established by the county board of supervisors 6 regional administrator for the county in which the proceeding 7 is held in substantially the same manner as provided in section 8 815.7 . 9 Sec. 61. Section 229.8, subsection 1, Code 2015, is amended 10 to read as follows: 11 1. Determine whether the respondent has an attorney 12 who is able and willing to represent the respondent in the 13 hospitalization proceeding, and if not, whether the respondent 14 is financially able to employ an attorney and capable of 15 meaningfully assisting in selecting one. In accordance with 16 those determinations, the court shall if necessary allow the 17 respondent to select, or shall assign to the respondent, an 18 attorney. If the respondent is financially unable to pay an 19 attorney, the attorney shall be compensated by the county 20 mental health and disabilities services region at an hourly 21 rate to be established by the county board of supervisors 22 regional administrator for the county in which the proceeding 23 is held in substantially the same manner as provided in section 24 815.7 . 25 Sec. 62. Section 229.10, subsection 1, paragraph a, Code 26 2015, is amended to read as follows: 27 a. An examination of the respondent shall be conducted by 28 one or more licensed physicians, as required by the court’s 29 order, within a reasonable time. If the respondent is detained 30 pursuant to section 229.11, subsection 1 , paragraph “b” , 31 the examination shall be conducted within twenty-four hours. 32 If the respondent is detained pursuant to section 229.11, 33 subsection 1 , paragraph “a” or “c” , the examination shall 34 be conducted within forty-eight hours. If the respondent 35 -30- LSB 2062SV (3) 86 rh/rj 30/ 49
S.F. 463 so desires, the respondent shall be entitled to a separate 1 examination by a licensed physician of the respondent’s own 2 choice. The reasonable cost of the examinations shall, if the 3 respondent lacks sufficient funds to pay the cost, be paid 4 by the regional administrator from county mental health and 5 disabilities services region funds upon order of the court. 6 Sec. 63. Section 229.11, subsection 1, unnumbered paragraph 7 1, Code 2015, is amended to read as follows: 8 If the applicant requests that the respondent be taken into 9 immediate custody and the judge, upon reviewing the application 10 and accompanying documentation, finds probable cause to believe 11 that the respondent has a serious mental impairment and is 12 likely to injure the respondent or other persons if allowed 13 to remain at liberty, the judge may enter a written order 14 directing that the respondent be taken into immediate custody 15 by the sheriff or the sheriff’s deputy and be detained until 16 the hospitalization hearing. The hospitalization hearing shall 17 be held no more than five days after the date of the order, 18 except that if the fifth day after the date of the order is a 19 Saturday, Sunday, or a holiday, the hearing may be held on the 20 next succeeding business day. If the expenses of a respondent 21 are payable in whole or in part by a county mental health and 22 disabilities services region , for a placement in accordance 23 with paragraph “a” , the judge shall give notice of the 24 placement to the central point of coordination process regional 25 administrator for the county in which the court is located , 26 and for a placement in accordance with paragraph “b” or “c” , 27 the judge shall order the placement in a hospital or facility 28 designated through the central point of coordination process 29 regional administrator . The judge may order the respondent 30 detained for the period of time until the hearing is held, 31 and no longer, in accordance with paragraph “a” , if possible, 32 and if not then in accordance with paragraph “b” , or, only if 33 neither of these alternatives is available, in accordance with 34 paragraph “c” . Detention may be: 35 -31- LSB 2062SV (3) 86 rh/rj 31/ 49
S.F. 463 Sec. 64. Section 229.13, subsection 1, paragraph a, Code 1 2015, is amended to read as follows: 2 a. The court shall order a respondent whose expenses are 3 payable in whole or in part by a county mental health and 4 disabilities services region placed under the care of an 5 appropriate hospital or facility designated through the central 6 point of coordination process county’s regional administrator 7 on an inpatient or outpatient basis. 8 Sec. 65. Section 229.14, subsection 2, paragraph a, Code 9 2015, is amended to read as follows: 10 a. For a respondent whose expenses are payable in whole or 11 in part by a county mental health and disabilities services 12 region , placement as designated through the central point of 13 coordination process county’s regional administrator in the 14 care of an appropriate hospital or facility on an inpatient 15 or outpatient basis, or other appropriate treatment, or in an 16 appropriate alternative placement. 17 Sec. 66. Section 229.14A, subsections 7 and 9, Code 2015, 18 are amended to read as follows: 19 7. If a respondent’s expenses are payable in whole or in 20 part by a county mental health and disabilities services region 21 through the central point of coordination process county’s 22 regional administrator , notice of a placement hearing shall 23 be provided to the county attorney and the county’s central 24 point of coordination process regional administrator. At the 25 hearing, the county may present evidence regarding appropriate 26 placement. 27 9. A placement made pursuant to an order entered under 28 section 229.13 or 229.14 or this section shall be considered to 29 be authorized through the central point of coordination process 30 county’s regional administrator . 31 Sec. 67. Section 229.19, subsection 1, paragraphs a and b, 32 Code 2015, are amended to read as follows: 33 a. In each county with a population of three hundred 34 thousand or more inhabitants the board of supervisors county’s 35 -32- LSB 2062SV (3) 86 rh/rj 32/ 49
S.F. 463 regional administrator shall appoint an individual who has 1 demonstrated by prior activities an informed concern for the 2 welfare and rehabilitation of persons with mental illness, 3 and who is not an officer or employee of the department of 4 human services nor of any agency or facility providing care 5 or treatment to persons with mental illness, to act as an 6 advocate representing the interests of patients involuntarily 7 hospitalized by the court, in any matter relating to the 8 patients’ hospitalization or treatment under section 229.14 9 or 229.15 . In each county with a population of under three 10 hundred thousand inhabitants, the chief judge of the judicial 11 district encompassing the county shall appoint the advocate. 12 b. The court or, if the advocate is appointed by the 13 county board of supervisors regional administrator , the board 14 regional administrator shall assign the advocate appointed from 15 a patient’s county of residence to represent the interests 16 of the patient. If a patient has no county of residence or 17 the patient is a state case, the court or, if the advocate 18 is appointed by the county board of supervisors regional 19 administrator , the board regional administrator shall assign 20 the advocate appointed from for the county where the hospital 21 or facility is located to represent the interests of the 22 patient. 23 Sec. 68. Section 229.19, subsection 3, Code 2015, is amended 24 to read as follows: 25 3. The court or, if the advocate is appointed by the county 26 board of supervisors regional administrator , the board regional 27 administrator shall prescribe reasonable compensation for the 28 services of the advocate. The compensation shall be based 29 upon the reports filed by the advocate with the court. The 30 advocate’s compensation shall be paid by the county in which 31 the court is located, either on order of the court or, if 32 the advocate is appointed by the county board of supervisors 33 regional administrator , on the direction of the board regional 34 administrator . If the advocate is appointed by the court, the 35 -33- LSB 2062SV (3) 86 rh/rj 33/ 49
S.F. 463 advocate is an employee of the state for purposes of chapter 1 669 . If the advocate is appointed by the county board of 2 supervisors regional administrator , the advocate is an employee 3 of the county for purposes of chapter 670 . If the patient or 4 the person who is legally liable for the patient’s support is 5 not indigent, the board regional administrator shall recover 6 the costs of compensating the advocate from that person. If 7 that person has an income level as determined pursuant to 8 section 815.9 greater than one hundred percent but not more 9 than one hundred fifty percent of the poverty guidelines, at 10 least one hundred dollars of the advocate’s compensation shall 11 be recovered in the manner prescribed by the county board of 12 supervisors regional administrator . If that person has an 13 income level as determined pursuant to section 815.9 greater 14 than one hundred fifty percent of the poverty guidelines, at 15 least two hundred dollars of the advocate’s compensation shall 16 be recovered in substantially the same manner prescribed by the 17 county board of supervisors as provided in section 815.9 . 18 Sec. 69. Section 229.24, subsection 3, unnumbered paragraph 19 1, Code 2015, is amended to read as follows: 20 If all or part of the costs associated with hospitalization 21 of an individual under this chapter are chargeable to a county 22 of residence, the clerk of the district court shall provide 23 to the regional administrator for the county of residence and 24 to the regional administrator for the county in which the 25 hospitalization order is entered the following information 26 pertaining to the individual which would be confidential under 27 subsection 1 : 28 Sec. 70. Section 229.42, subsection 1, Code 2015, is amended 29 to read as follows: 30 1. If a person wishing to make application for voluntary 31 admission to a mental hospital established by chapter 226 is 32 unable to pay the costs of hospitalization or those responsible 33 for the person are unable to pay the costs, application for 34 authorization of voluntary admission must be made through a 35 -34- LSB 2062SV (3) 86 rh/rj 34/ 49
S.F. 463 central point of coordination process regional administrator 1 before application for admission is made to the hospital. The 2 person’s county of residence shall be determined through the 3 central point of coordination process regional administrator 4 and if the admission is approved through the central point 5 of coordination process regional administrator , the person’s 6 admission to a mental health hospital shall be authorized as 7 a voluntary case. The authorization shall be issued on forms 8 provided by the department of human services’ administrator. 9 The costs of the hospitalization shall be paid by the county 10 of residence through the regional administrator to the 11 department of human services and credited to the general 12 fund of the state, provided that the mental health hospital 13 rendering the services has certified to the county auditor of 14 the county of residence and the regional administrator the 15 amount chargeable to the county mental health and disabilities 16 services region and has sent a duplicate statement of the 17 charges to the department of human services. A county mental 18 health and disabilities services region shall not be billed 19 for the cost of a patient unless the patient’s admission is 20 authorized through the central point of coordination process 21 regional administrator . The mental health institute and the 22 county regional administrator shall work together to locate 23 appropriate alternative placements and services, and to 24 educate patients and family members of patients regarding such 25 alternatives. 26 Sec. 71. Section 230.1, subsection 3, Code 2015, is amended 27 to read as follows: 28 3. A mental health and disabilities services region or 29 county of residence is not liable for costs and expenses 30 associated with a person with mental illness unless the costs 31 and expenses are for services and other support authorized for 32 the person through the central point of coordination process 33 county’s regional administrator . For the purposes of this 34 chapter , “central point of coordination process” “regional 35 -35- LSB 2062SV (3) 86 rh/rj 35/ 49
S.F. 463 administrator” means the same as defined in section 331.440 1 331.388 . 2 Sec. 72. Section 230.3, Code 2015, is amended to read as 3 follows: 4 230.3 Certification of residence. 5 If a person’s county of residence is determined by the 6 county’s central point of coordination process regional 7 administrator to be in another county of this state, the county 8 regional administrator making the determination shall certify 9 the determination to the superintendent of the hospital to 10 which the person is admitted or committed. The certification 11 shall be accompanied by a copy of the evidence supporting 12 the determination. Upon receiving the certification, the 13 superintendent shall charge the expenses already incurred and 14 unadjusted, and all future expenses of the person, to the 15 regional administrator of the county determined to be the 16 county of residence. 17 Sec. 73. Section 230.20, subsection 2, paragraph b, Code 18 2015, is amended to read as follows: 19 b. The per diem costs billed to each county mental health 20 and disabilities services region shall not exceed the per 21 diem costs billed to the county in the fiscal year beginning 22 July 1, 1996. However, the per diem costs billed to a county 23 mental health and disabilities services region may be adjusted 24 annually to reflect increased costs , to the extent of the 25 percentage increase in the total of county fixed budgets 26 pursuant to the allowed growth factor adjustment statewide per 27 capita expenditure target amount, if any per capita growth 28 amount is authorized by the general assembly for the fiscal 29 year in accordance with section 331.439 426B.3 . 30 Sec. 74. Section 232.2, subsection 4, paragraph f, 31 subparagraph (3), Code 2015, is amended to read as follows: 32 (3) The transition plan shall be developed and reviewed 33 by the department in collaboration with a child-centered 34 transition team. The transition team shall be comprised of 35 -36- LSB 2062SV (3) 86 rh/rj 36/ 49
S.F. 463 the child’s caseworker and persons selected by the child, 1 persons who have knowledge of services available to the child, 2 and any person who may reasonably be expected to be a service 3 provider for the child when the child becomes an adult or to 4 become responsible for the costs of services at that time. 5 If the child is reasonably likely to need or be eligible for 6 adult services, the transition team membership shall include 7 representatives from the adult services system. The adult 8 services system representatives may include but are not limited 9 to the administrator of county general relief under chapter 10 251 or 252 or of the central point of coordination process 11 implemented under section 331.440 regional administrator of 12 the county mental health and disability services region, as 13 defined in section 331.388 . The membership of the transition 14 team and the meeting dates for the team shall be documented in 15 the transition plan. 16 Sec. 75. Section 235.7, subsection 2, Code 2015, is amended 17 to read as follows: 18 2. Membership. The department may authorize the governance 19 boards of decategorization of child welfare and juvenile 20 justice funding projects established under section 232.188 to 21 appoint the transition committee membership and may utilize 22 the boundaries of decategorization projects to establish 23 the service areas for transition committees. The committee 24 membership may include but is not limited to department of 25 human services staff involved with foster care, child welfare, 26 and adult services, juvenile court services staff, staff 27 involved with county general relief under chapter 251 or 252 , 28 or of the central point of coordination process implemented 29 under section 331.440 a regional administrator of the county 30 mental health and disability services region, as defined 31 in section 331.388, in the area , school district and area 32 education agency staff involved with special education, and a 33 child’s court appointed special advocate, guardian ad litem, 34 service providers, and other persons knowledgeable about the 35 -37- LSB 2062SV (3) 86 rh/rj 37/ 49
S.F. 463 child. 1 Sec. 76. Section 235A.15, subsection 2, paragraph c, 2 subparagraph (9), Code 2015, is amended to read as follows: 3 (9) To the administrator of an agency providing mental 4 health, intellectual disability, or developmental disability 5 services under a county management plan developed pursuant 6 to section 331.439 regional service system management plan 7 implemented in accordance with section 331.393 , if the data 8 concerns a person employed by or being considered by the agency 9 for employment. 10 Sec. 77. Section 235B.6, subsection 2, paragraph c, 11 subparagraph (6), Code 2015, is amended to read as follows: 12 (6) To the administrator of an agency providing mental 13 health, intellectual disability, or developmental disability 14 services under a county management plan developed pursuant 15 to section 331.439 regional service system management plan 16 implemented in accordance with section 331.393 , if the 17 information concerns a person employed by or being considered 18 by the agency for employment. 19 Sec. 78. Section 426B.2, subsection 2, Code 2015, is amended 20 to read as follows: 21 2. As used in this chapter , and in sections 331.438 and 22 331.439 section 331.424A , for purposes of population-based 23 funding calculations, “population” means the population shown 24 by the latest preceding certified federal census or the 25 latest applicable population estimate issued by the federal 26 government , whichever is most recent and available as of July 27 1 of the fiscal year preceding the fiscal year to which the 28 funding calculations apply . 29 Sec. 79. Section 426B.5, subsection 1, Code 2015, is amended 30 by striking the subsection. 31 Sec. 80. Section 426B.5, subsections 2 and 3, Code 2015, are 32 amended to read as follows: 33 2. Risk pool. 34 a. For the purposes of this subsection section , unless the 35 -38- LSB 2062SV (3) 86 rh/rj 38/ 49
S.F. 463 context otherwise requires , “services fund” : 1 (1) “Mental health and disability services region” means 2 a mental health and disability services region formed in 3 accordance with section 331.389. 4 (2) “Regional administrator” means the regional 5 administrator of a mental health and disability services 6 region, as defined in section 331.388. 7 (3) “Services fund” means a county’s mental health and 8 disabilities services fund created in section 331.424A . 9 b. A risk pool is created in the property tax relief fund. 10 The pool shall consist of the moneys credited to the pool by 11 law. 12 c. A risk pool board is created. The board shall consist 13 of two county supervisors, two county auditors, a member of 14 the mental health and disability services commission who is 15 not a member of a county board of supervisors, a member of 16 the county finance committee created in chapter 333A who is 17 not an elected official, a representative of a provider of 18 mental health or developmental disabilities services selected 19 from nominees submitted by the Iowa association of community 20 providers, and two central point of coordination process 21 staff members of regional administrators of county mental 22 health and disability services , all appointed by the governor, 23 and one member appointed by the director of human services. 24 All members appointed by the governor shall be subject to 25 confirmation by the senate. Members shall serve for three-year 26 terms. A vacancy shall be filled in the same manner as the 27 original appointment. Expenses and other costs of the risk 28 pool board members representing counties shall be paid by the 29 county of origin. Expenses and other costs of risk pool board 30 members who do not represent counties shall be paid from a 31 source determined by the governor. Staff assistance to the 32 board shall be provided by the department of human services and 33 counties. Actuarial expenses and other direct administrative 34 costs shall be charged to the pool. 35 -39- LSB 2062SV (3) 86 rh/rj 39/ 49
S.F. 463 d. A county regional administrator must apply to the risk 1 pool board for assistance from the risk pool on or before 2 October 31. The purpose of the assistance shall be to provide 3 financial support for services provided by one or more of the 4 counties comprising the regional administrator’s mental health 5 and disability services region. The risk pool board shall 6 make its final decisions on or before December 15 regarding 7 acceptance or rejection of the applications for assistance and 8 the total amount accepted shall be considered obligated. 9 e. Basic eligibility for risk pool assistance requires that 10 a county mental health and disability services region meet all 11 of the following conditions: 12 (1) The county mental health and disability services region 13 is in compliance with the regional service system management 14 plan requirements of section 331.439 331.393 . 15 (2) The county counties comprising the mental health and 16 disability services region each levied the maximum amount 17 allowed for the county’s services fund under section 331.424A 18 for the fiscal year of application for risk pool assistance. 19 (3) In the fiscal year that commenced two years prior to the 20 fiscal year of application, the county’s ending balance, under 21 generally accepted accounting principles, of the mental health 22 and disability services region’s combined services fund ending 23 balance under generally accepted accounting principles funds 24 was equal to or less than twenty percent of the county’s actual 25 gross expenditures of the counties comprising the mental health 26 and disability services region for that fiscal year. 27 f. The board shall review the fiscal year-end financial 28 records for all counties mental health and disability services 29 regions that are granted risk pool assistance. If the board 30 determines a county’s mental health and disability services 31 region’s actual need for risk pool assistance was less than 32 the amount of risk pool assistance granted to the county 33 mental health and disability services region , the county 34 mental health and disability services region shall refund the 35 -40- LSB 2062SV (3) 86 rh/rj 40/ 49
S.F. 463 difference between the amount of assistance granted and the 1 actual need. The county mental health and disability services 2 region shall submit the refund within thirty days of receiving 3 notice from the board. Refunds shall be credited to the risk 4 pool. The mental health and disability services commission 5 shall adopt rules pursuant to chapter 17A providing criteria 6 for the purposes of this lettered paragraph and as necessary to 7 implement the other provisions of this subsection . 8 g. The board shall determine application requirements to 9 ensure prudent use of risk pool assistance. The board may 10 accept or reject an application for assistance in whole or in 11 part. The decision of the board is final. 12 h. The total amount of risk pool assistance shall be limited 13 to the amount available in the risk pool for a fiscal year. Any 14 unobligated balance in the risk pool at the close of a fiscal 15 year shall remain in the risk pool for distribution in the 16 succeeding fiscal year. 17 i. Risk pool assistance shall only be made available to 18 address one or more of the following circumstances: 19 (1) Continuing support for mandated services. 20 (2) Avoiding the need for reduction or elimination of 21 critical services when the reduction or elimination places 22 consumers’ health or safety at risk. 23 (3) Avoiding the need for reduction or elimination of a 24 mobile crisis team or other critical emergency services when 25 the reduction or elimination places the public’s health or 26 safety at risk. 27 (4) Avoiding the need for reduction or elimination of 28 the services or other support provided to entire disability 29 populations. 30 (5) Avoiding the need for reduction or elimination of 31 services or other support that maintain consumers in a 32 community setting, creating a risk that the consumers would be 33 placed in more restrictive, higher cost settings. 34 j. Subject to the amount available and obligated from the 35 -41- LSB 2062SV (3) 86 rh/rj 41/ 49
S.F. 463 risk pool for a fiscal year, the department of human services 1 shall annually calculate the amount of moneys due to eligible 2 counties mental health and disability services regions in 3 accordance with the board’s decisions and that amount is 4 appropriated from the risk pool to the department for payment 5 of the moneys due. The department shall authorize the issuance 6 of warrants payable to the county treasurer mental health 7 and disability services regions for the amounts due and the 8 warrants shall be issued on or before January 1. 9 k. On or before March 1 and September 1 of each fiscal year, 10 the department of human services shall provide the risk pool 11 board with a report of the financial condition of each funding 12 source administered by the board. The report shall include 13 but is not limited to an itemization of the funding source’s 14 balances, types and amount of revenues credited, and payees 15 and payment amounts for the expenditures made from the funding 16 source during the reporting period. 17 l. If the board has made its decisions but has determined 18 that there are otherwise qualifying requests for risk pool 19 assistance that are beyond the amount available in the risk 20 pool fund for a fiscal year, the board shall compile a list of 21 such requests and the supporting information for the requests. 22 The list and information shall be submitted to the mental 23 health and disability services commission, the department of 24 human services, and the general assembly. 25 3. Incentive pool. 26 a. An incentive pool is created in the property tax relief 27 fund. The incentive pool shall consist of the moneys credited 28 to the incentive pool by law. 29 b. Moneys available in the incentive pool for a fiscal 30 year shall be distributed to those counties mental health and 31 disability services regions that either meet or show progress 32 toward meeting the purposes and intent described in section 33 331.439, subsection 1 , paragraph “c” 225C.1 . The moneys 34 received by a county region from the incentive pool shall be 35 -42- LSB 2062SV (3) 86 rh/rj 42/ 49
S.F. 463 used to build community capacity to support individuals covered 1 by the county’s region’s regional service system management 2 plan approved under section 331.439 , 331.393 in meeting such 3 purposes. 4 Sec. 81. REPEAL. Section 226.47, Code 2015, is repealed. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the redesign of mental health and 9 disabilities services (MH/DS) administered by regions comprised 10 of counties. Under the redesign provisions initially enacted 11 in 2012, each organization of counties as a region is governed 12 by a Code chapter 28E agreement and the region is to have 13 an administrative office, organization, or entity formed by 14 agreement of the counties participating in the region to 15 function on behalf of those counties, known as the regional 16 administrator and defined in Code section 331.388. The 17 redesign legislation maintained the financial responsibility 18 for MH/DS with each county but provided for the regional 19 administrator and the regional governance board to assume the 20 administrative functions on behalf of the county. The bill 21 makes conforming Code amendments relating to the redesign 22 legislation. 23 In general, references throughout the Code to the central 24 point of coordination (CPC) process (codified in Code section 25 331.440, which was repealed effective July 1, 2013, by 2011 26 Iowa Acts, ch. 123) are changed to instead refer to regional 27 administrators; references to the county mental health, 28 intellectual disability, and developmental disabilities 29 services fund are changed to mental health and disabilities 30 services fund (codified in Code section 331.424A, amended by 31 2012 Iowa Acts, ch. 1120, §132); and references to county 32 service management plans (codified in Code section 331.439, 33 repealed effective July 1, 2013, by 2011 Iowa Acts, ch. 34 123) are changed to instead refer to regional service system 35 -43- LSB 2062SV (3) 86 rh/rj 43/ 49
S.F. 463 management plans approved in accordance with Code section 1 331.393. References throughout the Code to responsibilities 2 for a county to provide or have administrative responsibility 3 for services or other responsibilities in connection with a 4 person in need of mental health or disability services are 5 changed to instead refer to the regional administrator. Prior 6 to the redesign, MH/DS services in each county were delineated 7 in a service management plan adopted by that county, subject 8 to approval by the department of human services (DHS). These 9 individual county plans were replaced by a regional service 10 system management plan effective beginning on July 1, 2014. 11 County MH/DS levy authority and spending authority remains 12 in Code section 331.424A. However, the name of the fund 13 was changed in the redesign legislation but references to 14 the old fund in other Code sections are corrected in the 15 bill. In addition, related Code changes are reflected in this 16 explanation. 17 References to waivers for providers of mental health 18 services approved under Code section 225C.7 to operate in lieu 19 of a community mental health center are stricken because the 20 Code section was repealed by 2014 Iowa Acts, ch. 1092, §152. 21 Code chapter 230A, relating to community mental health centers, 22 was substantially rewritten by 2011 Iowa Acts, ch. 121, and 23 the revisions took effect July 1, 2012. In the rewrite, 24 Code section 230A.107, codified the waiver authorization for 25 a for-profit corporation, nonprofit corporation, or county 26 hospital providing mental health services to county residents 27 pursuant to a waiver approved under section 225C.7, subsection 28 3, Code 2011, as of October 1, 2010, to be designated as a 29 community mental health center under Code chapter 230A. The 30 reference change is applied by the bill in the following Code 31 sections: 135.180, relating to mental health professional 32 shortage area program; 225C.19, relating to emergency mental 33 health crisis services system; and 225C.54, relating to the 34 mental health services system for children and youth. 35 -44- LSB 2062SV (3) 86 rh/rj 44/ 49
S.F. 463 References to the central point of coordination process 1 are changed to instead refer to the regional administrator in 2 the following Code sections: 222.2, providing definitions 3 for Code chapter 222, relating to the state resource centers; 4 222.13, relating to voluntary admissions of persons to a state 5 resource center; 222.59, relating to coordination between a 6 state resource center and county in identifying community-based 7 services for an individual; 222.60, relating to payment 8 of costs by county or state and diagnosis and evaluation 9 requirements; 222.61, relating to determination of a person’s 10 residency status; 222.62, relating to the procedure when a 11 person’s residency is determined to be another county; 222.63, 12 providing a procedure for a county to object to a residency 13 determination; 222.64, providing a procedure for when a 14 person’s residency is determined to be outside of this state or 15 is unknown; 222.73, relating to billing of charges to counties 16 for the state resource centers; 225.11, providing a procedure 17 for commitment of a person to the state psychiatric hospital 18 at the university of Iowa; 225.15, relating to examination and 19 treatment at the state psychiatric hospital; 225.17, relating 20 to examination and treatment of private patients at the state 21 psychiatric hospital when costs are paid by a county; section 22 225C.2, providing definitions for Code chapter 225C; 225C.5, 23 relating to membership of the mental health and disability 24 services commission; section 225C.6, relating to the duties 25 of the MH/DS commission; 225C.14, relating to requirements 26 for a preliminary diagnostic evaluation before a person is 27 admitted to a state mental health institute (MHI); 225C.16, 28 requiring referrals for a preliminary diagnostic or prehearing 29 evaluation for persons desiring voluntary admission to a state 30 MHI; 225C.19, providing requirements for implementation of 31 an emergency mental health crisis services system; 226.9C, 32 relating to the dual diagnosis program at the state mental 33 health institute at Mount Pleasant; 227.10, relating to 34 transfers of patients from county or private facilities 35 -45- LSB 2062SV (3) 86 rh/rj 45/ 49
S.F. 463 for mental health treatment to a state institution; 229.1, 1 providing definitions for the involuntary commitment Code 2 chapter; 229.1B, providing that the CPC process applies to 3 persons who are involuntarily committed; 229.11, relating to 4 immediate custody of a person who is involuntarily committed; 5 229.13, relating to evaluation orders for persons who are 6 involuntarily committed; 229.14, relating to chief medical 7 officer reports; 229.14A, relating to placement orders; 229.42, 8 relating to county payment for a person voluntarily admitted to 9 an MHI; 230.1, relating to the costs and expenses associated 10 with the commitment of a person with mental illness to a state 11 hospital; 230.3, relating to a certification of residence for 12 purposes of charging expenses incurred for a commitment of 13 a person with a mental illness to a state hospital; 232.2, 14 relating to the membership of a transition team for a child 15 adjudicated as a child in need of assistance; 235.7, relating 16 to transition committees to address transition needs of 17 children receiving child welfare services who are age 16 or 18 older; and 426B.5, relating to the membership of the risk pool 19 board. 20 References to county board of supervisors or to a county 21 responsibility are changed to instead refer to the regional 22 administrator or MH/DS region, or to add such a reference in 23 the following Code sections: 222.6, relating to the catchment 24 areas for the two state resource centers; 222.12, relating to 25 investigations of deaths at a state resource center; 222.13, 26 relating to referrals for voluntary admissions of adults to 27 a state resource center; 222.14, relating to care provided 28 pending admission of a person to a state resource center; 29 222.63, relating to determination of residency findings; 30 222.92, relating to the use of net budgeting by the state 31 resource centers; 225.1, providing definitions for the 32 state psychiatric hospital Code chapter; 225.10, relating 33 to voluntary patients at the state psychiatric hospital; 34 225.12, relating to reports concerning voluntary public 35 -46- LSB 2062SV (3) 86 rh/rj 46/ 49
S.F. 463 patients at the state psychiatric hospital; 225.13, relating 1 to investigations of the financial condition of persons being 2 admitted to the state psychiatric hospital; 225.16, relating to 3 admission of voluntary public patients to the state psychiatric 4 hospital; 225.18, relating to appointment of attendants to 5 accompany committed persons to or from the hospital; 225.19, 6 relating to compensation of attendants; 225.21, relating to 7 claims for compensation of attendants; 225.24, relating to 8 county collection of the costs of care provided at the state 9 psychiatric hospital; 225.27, requiring notice of the discharge 10 or transfer of a patient from the state psychiatric hospital; 11 225C.13, authorizing DHS to lease portions of MHIs to certain 12 public and private organizations; 225C.14, 225C.15, 225C.16, 13 and 225C.17, relating to preliminary diagnostic evaluations 14 of persons with respect to admission to an MHI, county policy 15 regarding the evaluations, referral of voluntary patients 16 for the evaluations, and the use of alternative diagnostic 17 facilities for the evaluations; 225C.20, relating to provision 18 of individual case management services under the medical 19 assistance (Medicaid) program by counties; 226.32, requiring 20 notice to a county when a voluntary patient is discharged to 21 relieve overcrowding; 226.34, requiring notice when a patient 22 at an MHI dies; 227.1, relating to supervision of county and 23 private institutions for persons with mental illness or an 24 intellectual disability (often referred to as “county care 25 facilities”) is amended to provide definitions for the Code 26 chapter including DHS and the MH/DS regions; 227.2, relating 27 to state inspection of county facilities; 227.4, relating 28 to standards adoption pertaining to county care facilities; 29 227.11, relating to transfers of patients from state hospitals; 30 227.12, relating to civil trials when there is a disagreement 31 between DHS and the authorities in charge of a county care 32 facility as to transfer of patients; 227.14, relating to care 33 provided at a county care facility to patients from another 34 county; 229.2 and 229.8, relating to compensation of attorneys 35 -47- LSB 2062SV (3) 86 rh/rj 47/ 49
S.F. 463 for minors applying for voluntary admission to an MHI and 1 respondents in involuntary commitment proceedings; 229.10, 2 relating to the payment of examinations with county funds; 3 229.19, relating to mental health advocates; 229.24, relating 4 to confidential records in involuntary commitment proceedings; 5 426B.2, relating to property tax relief fund payments; and 6 426B.5, relating to the risk pool and the incentive pool within 7 the property tax relief fund. 8 References to county management plans developed pursuant to 9 repealed Code section 331.439 are changed to regional service 10 system management plans implemented in accordance with Code 11 section 331.393 in the following Code sections: 222.60, 12 relating to payment of costs at a state resource center by 13 county or state and diagnosis and evaluation requirements; 14 222.73, relating to billing of per diem costs at a state 15 resource center; 235A.15 and 235B.6, relating to access to 16 child and dependent adult abuse registry record checks for 17 employment by an agency providing services under a plan; 18 426B.2, relating to property tax relief fund payments; and 19 426B.5, relating to the risk and incentive pools of the 20 property tax relief fund. 21 Current law in Code sections 222.73 and 230.20, limits an 22 increase in the per diem changed to a county for services 23 provided at a state resource center or a state mental health 24 institute to the percentage increase in the allowed growth 25 factor adjustment, a funding formula provision repealed by the 26 redesign. The bill instead references the per capita growth 27 amount, which replaced the repealed allowed growth factor in 28 the redesign legislation. 29 Code sections 222.13 and 222.13A, relating to voluntary 30 admissions to the state resource centers in general and 31 for minors in particular, are amended by providing for the 32 department of human services to assume responsibilities for 33 voluntary admissions of minors instead of counties. Code 34 section 222.60, relating to financial responsibilities of the 35 -48- LSB 2062SV (3) 86 rh/rj 48/ 49
S.F. 463 state and counties for the cost of admission or commitment or 1 for the treatment, training, instruction, care, habilitation, 2 support, and transportation of persons with an intellectual 3 disability, is amended. The amendment specifies the county 4 responsibility is present if the person is not eligible for 5 the medical assistance (Medicaid) program and the service is 6 covered by the regional service system management plan and 7 the state is responsible when the person is eligible for the 8 Medicaid program or is a state case. 9 Code section 226.47, a single definition Code section which 10 is replaced in the bill by amending Code section 226.1 to 11 provide a multiple definition Code section, is repealed. 12 -49- LSB 2062SV (3) 86 rh/rj 49/ 49