House
File
661
-
Introduced
HOUSE
FILE
661
BY
WINCKLER
,
KRESSIG
,
HANSEN
,
KURTH
,
GJERDE
,
ABDUL-SAMAD
,
STAED
,
CAHILL
,
WILBURN
,
and
BROWN-POWERS
A
BILL
FOR
An
Act
relating
to
mental
health
and
disability
services
1
regions,
and
including
effective
date
and
retroactive
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
MENTAL
HEALTH
AND
DISABILITY
SERVICES
——
FUNDING
2
Section
1.
Section
331.391,
subsection
4,
paragraph
c,
Code
3
2021,
is
amended
by
striking
the
paragraph.
4
Sec.
2.
Section
331.424A,
subsection
1,
paragraph
b,
Code
5
2021,
is
amended
by
striking
the
paragraph.
6
Sec.
3.
Section
331.424A,
subsection
4,
Code
2021,
is
7
amended
by
striking
the
subsection.
8
Sec.
4.
Section
331.424A,
subsection
9,
Code
2021,
is
9
amended
to
read
as
follows:
10
9.
a.
For
the
fiscal
year
beginning
July
1,
2017,
and
each
11
subsequent
fiscal
year,
the
county
budgeted
amount
determined
12
for
each
county
shall
be
the
amount
necessary
to
meet
the
13
county’s
financial
obligations
for
the
payment
of
services
14
provided
under
the
regional
service
system
management
plan
15
approved
pursuant
to
section
331.393
,
not
to
exceed
an
amount
16
equal
to
the
product
of
the
regional
per
capita
expenditure
17
target
amount
multiplied
by
the
county’s
population
,
and,
for
18
fiscal
years
beginning
on
or
after
July
1,
2023,
reduced
by
19
the
amount
of
the
county’s
cash
flow
reduction
amount
for
the
20
fiscal
year
calculated
under
subsection
4
,
if
applicable
.
21
b.
If
a
county
officially
joins
a
different
region,
the
22
county’s
budgeted
amount
shall
be
the
amount
necessary
to
meet
23
the
county’s
financial
obligations
for
payment
of
services
24
provided
under
the
new
region’s
regional
service
system
25
management
plan
approved
pursuant
to
section
331.393
,
not
to
26
exceed
an
amount
equal
to
the
product
of
the
new
region’s
27
regional
per
capita
expenditure
target
amount
multiplied
by
28
the
county’s
population
,
and,
for
fiscal
years
beginning
on
29
or
after
July
1,
2023,
reduced
by
the
amount
of
the
county’s
30
cash
flow
reduction
amount
for
the
fiscal
year
calculated
under
31
subsection
4
,
if
applicable
.
32
Sec.
5.
COUNTY
BUDGET
AMENDMENT
AND
RECERTIFICATION
——
33
REGIONAL
SERVICE
SYSTEM
MANAGEMENT
PLAN
AMENDMENT.
34
1.
To
the
extent
necessary
to
implement
the
provisions
35
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this
division
of
this
Act,
a
county
may
amend
that
portion
of
1
the
county’s
budget
related
to
cash
flow
amounts
in
the
county
2
mental
health
and
disability
services
fund
for
the
fiscal
year
3
beginning
July
1,
2021.
4
2.
If
this
division
of
this
Act
takes
effect
on
or
after
5
March
15,
2021,
notwithstanding
section
24.17,
for
the
fiscal
6
year
beginning
July
1,
2021,
a
county
may
recertify
the
7
county’s
budget
as
necessary
to
implement
the
provisions
of
8
this
division
of
this
Act.
A
budget
recertified
pursuant
to
9
this
section
must
be
recertified
in
duplicate
to
the
county
10
auditor
not
later
than
thirty
days
after
the
effective
date
of
11
this
Act,
and
protests
to
the
budget
shall
be
filed
not
later
12
than
ten
days
after
the
county’s
budget
is
recertified.
13
3.
To
the
extent
necessary
to
implement
the
provisions
14
of
this
division
of
this
Act,
a
mental
health
and
disability
15
services
region
may
amend
the
region’s
regional
service
system
16
management
plan
or
annual
service
and
budget
plan
approved
17
under
section
331.393
for
the
fiscal
year
beginning
July
1,
18
2020,
or
for
the
fiscal
year
beginning
July
1,
2021.
19
Sec.
6.
RETROACTIVE
APPLICABILITY.
This
division
of
this
20
Act
applies
retroactively
to
July
1,
2020,
for
fiscal
years
21
beginning
on
or
after
that
date.
22
DIVISION
II
23
MENTAL
HEALTH
AND
DISABILITY
SERVICES
REGIONS
——
CORE
SERVICES
24
Sec.
7.
DEPARTMENT
OF
HUMAN
SERVICES
——
INTENSIVE
MENTAL
25
HEALTH
CORE
SERVICES
IMPLEMENTATION
DATE.
The
department
of
26
human
services
shall
amend
its
administrative
rules
pursuant
27
to
chapter
17A
to
provide
that
mental
health
and
disability
28
services
regions
shall
implement
the
following
intensive
mental
29
health
core
services
for
eligible
persons
on
or
before
July
1,
30
2023,
provided
that
federal
matching
funds
are
available
under
31
the
Iowa
health
and
wellness
plan
pursuant
to
chapter
249N:
32
1.
Access
centers.
33
2.
Assertive
community
treatment.
34
3.
Crisis
stabilization
community-based
services.
35
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4.
Crisis
stabilization
residential
services.
1
5.
Intensive
residential
service
homes.
2
6.
Mobile
response.
3
7.
Subacute
mental
health
services
provided
in
facility
and
4
community-based
settings.
5
8.
Twenty-three-hour
crisis
observation
and
holding.
6
Sec.
8.
DEPARTMENT
OF
HUMAN
SERVICES
——
CHILDREN’S
7
BEHAVIORAL
HEALTH
CORE
SERVICES
IMPLEMENTATION
DATE.
The
8
department
of
human
services
shall
amend
its
administrative
9
rules
pursuant
to
chapter
17A
to
provide
that
mental
health
10
and
disability
services
regions
shall
implement
the
following
11
children’s
behavioral
health
core
services
for
eligible
12
children
on
or
before
July
1,
2023,
and
meet
applicable
access
13
standards
on
or
before
July
1,
2023:
14
1.
Assessment
and
evaluation
relating
to
eligibility
for
15
services.
16
2.
Behavioral
health
outpatient
therapy.
17
3.
Education
services.
18
4.
Medication
prescribing
and
management.
19
5.
Prevention.
20
6.
Behavioral
health
inpatient
treatment.
21
7.
Crisis
stabilization
community-based
services.
22
8.
Crisis
stabilization
residential
services.
23
9.
Early
identification.
24
10.
Early
intervention.
25
11.
Mobile
response.
26
DIVISION
III
27
EFFECTIVE
DATE
28
Sec.
9.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
29
importance,
takes
effect
upon
enactment.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
mental
health
and
disability
services
34
(MH/DS)
regions
and
funding,
and
provides
effective
date
and
35
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retroactive
applicability
provisions.
1
MENTAL
HEALTH
AND
DISABILITY
SERVICES
——
FUNDING.
The
bill
2
removes
the
cash
flow
reduction
amount
that
requires
MH/DS
3
regions
to
spend
down
reserve
cash
deposits
to
40
percent
4
of
the
region’s
annual
budget.
Code
section
331.424A(6)
5
establishes
the
amount
certified
for
levy
by
the
county
each
6
fiscal
year
to
raise
funds
for
MH/DS
under
the
MH/DS
regional
7
system.
Revenues
from
taxes
imposed
by
the
county
credited
to
8
the
county
mental
health
and
disability
services
fund
shall
not
9
exceed
an
amount
equal
to
the
county
budgeted
amount,
which
is
10
the
amount
necessary
to
meet
the
county’s
financial
obligations
11
for
the
payment
of
services
provided
under
the
regional
service
12
system
management
plan,
not
to
exceed
an
amount
equal
to
the
13
product
of
the
regional
per
capita
expenditure
target
amount
14
multiplied
by
the
county’s
population,
and,
for
fiscal
years
15
beginning
on
or
after
July
1,
2023,
reduced
by
the
amount
of
16
the
county’s
cash
flow
reduction
amount.
17
The
bill
allows
a
county
to
recertify
the
county’s
FY
18
2021-2022
budget
if
the
bill
takes
effect
after
March
15,
2021.
19
A
budget
recertified
pursuant
to
the
bill
must
be
recertified
20
in
duplicate
to
the
county
auditor
not
later
than
30
days
after
21
the
effective
date
of
the
bill,
and
protests
to
the
budget
22
shall
be
filed
not
later
than
10
days
after
the
county’s
budget
23
is
recertified.
24
The
bill
allows
a
MH/DS
region
to
amend
the
region’s
25
previously
approved
regional
service
system
management
plan
or
26
annual
service
and
budget
plan
for
the
fiscal
year
beginning
27
July
1,
2020,
or
for
the
fiscal
year
beginning
July
1,
2021.
28
MENTAL
HEALTH
AND
DISABILITY
SERVICES
REGIONS
——
CORE
29
SERVICES.
The
bill
provides
that
the
department
of
human
30
services
shall
amend
its
administrative
rules
to
provide
that
31
MH/DS
regions
shall
implement
the
following
intensive
mental
32
health
core
services
for
eligible
persons
on
or
before
July
33
1,
2023,
provided
that
federal
matching
funds
are
available
34
under
the
Iowa
health
and
wellness
plan
under
Code
chapter
35
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249N:
access
centers;
assertive
community
treatment;
crisis
1
stabilization
community-based
services;
crisis
stabilization
2
residential
services;
intensive
residential
service
homes;
3
mobile
response;
subacute
mental
health
services
provided
in
4
facility
and
community-based
settings;
and
23-hour
crisis
5
observation
and
holding.
6
The
bill
provides
that
the
department
of
human
services
7
shall
amend
its
administrative
rules
to
provide
that
MH/DS
8
regions
shall
implement
the
following
children’s
behavioral
9
health
core
services
for
eligible
children
on
or
before
July
1,
10
2023,
and
meet
applicable
access
standards
on
or
before
July
11
1,
2023:
assessment
and
evaluation
relating
to
eligibility
12
for
services;
behavioral
health
outpatient
therapy;
education
13
services;
medication
prescribing
and
management;
prevention;
14
behavioral
health
inpatient
treatment;
crisis
stabilization
15
community-based
services;
crisis
stabilization
residential
16
services;
early
identification;
early
intervention;
and
mobile
17
response.
18
The
bill
takes
effect
upon
enactment.
19
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