SF 302 (LSB 2465SS (2) 87)

SENATE FILE 302

BY  DANIELSON

A BILL FOR

An Act relating to the transportation of persons with a substance-related disorder or a mental illness.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  125.56  Transportation services.
   1.  A county may contract with a private entity to appropriately transport any of the following persons:
   a.  A person admitted to a facility pursuant to section 125.33.
   b.  A person taken into custody pursuant to section 125.81 and court-ordered to a hospital or facility as described in section 125.81, subsection 2, paragraph “b” or “c”.
   2.  If the hospital or facility determines that a person is in need of commitment or treatment at another hospital or facility, such a private entity shall appropriately transport the person to another hospital or facility.
   3.  A county’s contract with such a private entity is independent of the county’s or a mental health and disability services region’s role as a provider of mental health services.
   4.  In contracting with a private entity, a county shall include provisions to ensure all of the following:
   a.  The provision of trained personnel and the use of appropriate vehicles for the safe transportation of respondents.
   b.  That the person’s insurance carriers and other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible.
   5.  A county shall implement a request for proposals process to enter into a contract with a private entity for the purpose of transporting a person pursuant to this section.
   6.  The departments of human services and public health, in consultation with affected stakeholders including but not limited to mental health and disability services regions, the Iowa state association of counties, the Iowa state sheriffs’ and deputies’ association, and other law enforcement agencies in this state, shall adopt rules as necessary in accordance with best practices for the implementation and administration of this section.
    Sec. 2.  NEW SECTION.  229.46  Transportation services.
   1.  A mental health and disability services region, as defined in section 225C.2, may contract with a private entity to appropriately transport any of the following persons:
   a.  A person admitted to a public or private hospital pursuant to section 229.2.
   b.  A person taken into custody pursuant to section 229.11 and court-ordered to a hospital or facility as described in section 229.11, subsection 1, paragraph “b” or “c”.
   2.  If the hospital or facility determines that a person is in need of commitment or treatment at another hospital or facility, such a private entity shall appropriately transport the person to another hospital or facility.
   3.  A mental health and disability services region’s contract with such a private entity is independent of the region’s role as a provider of mental health services.
   4.  In contracting with a private entity, a region shall include provisions to ensure all of the following:
   a.  The provision of trained personnel and the use of appropriate vehicles for the safe transportation of respondents.
   b.  That the person’s insurance carriers and other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible.
   5.  A mental health and disability services region shall implement a request for proposals process to enter into a contract with a private entity for the purpose of transporting a person pursuant to this section.
   6.  The departments of human services and public health, in consultation with affected stakeholders including but not limited to mental health and disability services regions, the Iowa state association of counties, the Iowa state sheriffs’ and deputies’ association, and other law enforcement agencies in this state, shall adopt rules as necessary in accordance with best practices for the implementation and administration of this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the transportation of persons with a substance-related disorder or a mental illness.
   The bill directs a county or a mental health and disability services region as defined in Code section 225C.2, as appropriate, to contract with private entities to appropriately transport a person who is admitted, on a voluntary basis, to a facility or hospital under Code section 125.33 (substance-related disorders) or 229.2 (mental illness) or who is the subject of an immediate involuntary custody order to the nearest available facility licensed to care for persons with substance abuse or mental illness or a public or private hospital. If the facility or hospital determines that a person is in need of commitment treatment at another facility or hospital, the private entity is required to make arrangements to appropriately transport the person to another facility or hospital. A county’s or a mental health and disability services region’s contract with a private entity is independent of the county’s or region’s role as a provider of mental health services. In contracting with a private entity, a county or a mental health and disability services region is required to include provisions relating to appropriately trained personnel and the use of appropriate vehicles for the safe transportation of respondents, and fully utilizing the respondents’ insurance carriers and other programs, both public and private, that provide payment for such transportation services, to the maximum extent possible.
   A county or a mental health and disability services region is required to implement a request for proposals process to enter into a contract with a private entity for the purpose of transporting a person pursuant to the bill. The department of human services and the department of public health may adopt administrative rules to administer the bill’s provisions.