Senate
File
2202
-
Introduced
SENATE
FILE
2202
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
SSB
3083)
A
BILL
FOR
An
Act
relating
to
subacute
mental
health
care
facilities
and
1
services,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5969SV
(4)
91
dg/ko
S.F.
2202
Section
1.
Section
135G.1,
subsection
12,
paragraph
c,
Code
1
2026,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
135G.3,
Code
2026,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
1A.
Within
twenty-four
hours
of
a
5
resident’s
admission
to
a
subacute
care
facility,
the
subacute
6
care
facility
shall
develop
an
initial
treatment
plan
with
the
7
resident.
8
Sec.
3.
NEW
SECTION
.
135G.3A
Insurance
authorization.
9
1.
If
a
mental
health
professional
submits
an
electronic
10
request
through
an
internet
portal
designated
by
the
department
11
of
health
and
human
services
for
prior
authorization
for
12
insurance
coverage
for
an
individual’s
subacute
mental
health
13
care
service
under
chapter
249A
or
chapter
249N,
the
department
14
of
health
and
human
services
or
the
managed
care
organization
15
responsible
for
administering
the
individual’s
medical
16
assistance
shall
provide
a
determination
to
the
mental
health
17
professional
for
the
preauthorization
request
as
follows:
18
a.
Within
forty-eight
hours
after
the
date
of
receipt
of
an
19
urgent
preauthorization
request.
20
b.
Within
five
calendar
days
after
the
date
of
receipt
of
a
21
nonurgent
preauthorization
request.
22
c.
Within
ten
calendar
days
after
the
date
of
receipt
of
a
23
nonurgent
preauthorization
request
involving
complex
or
unique
24
circumstances.
25
2.
The
director
of
health
and
human
services
shall
adopt
26
rules
pursuant
to
chapter
17A
as
necessary
to
administer
this
27
section.
28
Sec.
4.
DEPARTMENTS
OF
INSPECTIONS,
APPEALS,
AND
LICENSING
29
AND
HEALTH
AND
HUMAN
SERVICES
——
ADMINISTRATIVE
RULE
30
REVIEW.
The
department
of
inspections,
appeals,
and
licensing
31
and
the
department
of
health
and
human
services
shall
do
all
32
of
the
following:
33
1.
Collaborate
to
review
each
department’s
administrative
34
rules
adopted
pursuant
to
section
135G.10
and
eliminate
any
35
-1-
LSB
5969SV
(4)
91
dg/ko
1/
3
S.F.
2202
rule
the
departments
determine
impedes
any
of
the
following
1
goals
without
providing
an
equal
or
greater
benefit:
2
a.
Establishment
of
new
subacute
mental
health
care
3
facilities
and
services.
4
b.
Expansion
of
existing
subacute
mental
health
care
5
facilities
and
services.
6
c.
Ease
of
access
to
subacute
mental
health
care
facilities
7
and
services.
8
2.
Modify
the
departments’
respective
rules
so
that
the
9
requirements
to
employ
an
individual
at
a
subacute
mental
10
health
care
facility
are
less
stringent
than
the
requirements
11
for
the
same
employment
at
a
state
mental
health
institute.
12
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
13
importance,
takes
effect
upon
enactment.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
subacute
mental
health
care
(SMHC)
18
facilities
and
services.
19
The
bill
eliminates
the
requirement
that
SMHC
must
be
20
limited
to
a
period
of
10
calendar
days
unless
a
longer
period
21
of
time
is
adopted
by
the
department
of
health
and
human
22
services
(HHS).
23
The
bill
requires
a
subacute
care
facility
to
develop
an
24
initial
treatment
care
plan
with
a
resident
within
24
hours
of
25
the
resident’s
admission
to
the
subacute
care
facility.
26
The
bill
requires
HHS
or
the
managed
care
organization
27
responsible
for
administering
an
individual’s
medical
28
assistance,
upon
a
mental
health
professional’s
request
for
29
prior
authorization
(request)
through
an
internet
portal
30
designated
by
HHS
for
insurance
coverage
of
the
individual’s
31
SMHC
service
under
Code
chapter
249A
(medical
assistance)
32
or
249N
(Iowa
health
and
wellness
plan),
to
provide
a
33
determination
to
the
mental
health
professional
within
48
hours
34
after
the
date
of
the
receipt
of
the
request
if
the
request
is
35
-2-
LSB
5969SV
(4)
91
dg/ko
2/
3
S.F.
2202
urgent;
within
5
calendar
days
after
the
date
of
the
receipt
1
of
the
request
if
the
request
is
nonurgent;
and
within
10
2
calendar
days
after
the
date
of
the
receipt
of
the
request
3
if
the
request
is
nonurgent
and
involves
complex
or
unique
4
circumstances.
5
The
bill
directs
the
department
of
inspections,
appeals,
6
and
licensing
(DIAL)
and
HHS
to
collaborate
to
review
each
7
department’s
administrative
rules
and
eliminate
any
rule
8
the
departments
determine
impedes
the
establishment
of
new
9
SMHC
facilities
and
services;
expansion
of
existing
SMHC
10
facilities
and
services;
or
ease
of
access
to
SMHC
facilities
11
and
services.
12
The
bill
requires
HHS
and
DIAL
to
modify
their
respective
13
rules
so
that
the
requirements
to
employ
an
individual
at
14
an
SMHC
facility
are
less
stringent
than
those
for
the
same
15
employment
at
a
state
mental
health
institute.
16
The
bill
takes
effect
upon
enactment.
17
-3-
LSB
5969SV
(4)
91
dg/ko
3/
3