Senate
File
248
-
Introduced
SENATE
FILE
248
BY
PETERSEN
A
BILL
FOR
An
Act
relating
to
the
admission
of
persons
into
residential
1
care
facilities,
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
1
CONTRACTS
WITH
CONTRACTORS
——
QUALIFIED
RESIDENTIAL
TREATMENT
2
PROGRAMS.
3
1.
a.
In
all
contracts
executed
with
a
contractor
to
4
provide
a
qualified
residential
treatment
program,
the
5
department
of
health
and
human
services
shall
include
a
6
provision
that
allows
the
contractor
to
reject
a
placement
7
of
an
individual
referred
by
the
department
of
health
and
8
human
services,
or
juvenile
court
services,
if
the
contractor
9
confirms
in
writing
to
the
department
of
health
and
human
10
services,
or
juvenile
court
services,
that
the
contractor
does
11
not
have
the
necessary
security
or
support
to
ensure
the
safety
12
of
the
individual
or
the
safety
of
the
contractor’s
staff.
13
b.
The
department
of
health
and
human
services
shall
not
14
include
any
type
of
“no
reject,
no
eject”
provision
in
any
15
contract
executed
with
a
contractor
to
provide
a
qualified
16
residential
treatment
program.
For
purposes
of
this
paragraph,
17
“no
reject,
no
eject”
means
that
the
contractor
shall
be
18
required
to
accept
all
individual
placements
referred
by
the
19
department
of
health
and
human
services
or
juvenile
court
20
services.
21
Sec.
2.
APPLICABILITY.
This
Act
applies
to
all
contracts
22
between
the
department
of
health
and
human
services
and
23
a
contractor
for
the
provision
of
a
qualified
residential
24
treatment
program
that
are
executed,
extended,
or
renewed
on
or
25
after
the
effective
date
of
this
Act.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
the
admission
of
persons
into
30
residential
care
facilities.
31
The
bill
requires
all
contracts
the
department
of
health
and
32
human
services
(HHS)
executes
with
a
contractor
to
provide
a
33
qualified
residential
treatment
program
(QRTP)
to
include
a
34
provision
that
allows
the
contractor
to
reject
a
placement
of
35
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an
individual
referred
by
HHS,
or
juvenile
court
services,
if
1
the
contractor
confirms
in
writing
to
HHS,
or
juvenile
court
2
services,
that
the
contractor
does
not
have
the
necessary
3
security
or
support
to
ensure
the
safety
of
the
individual
or
4
the
safety
of
the
contractor’s
staff.
5
The
bill
prohibits
HHS
from
including
any
type
of
“no
reject,
6
no
eject”
provision
in
any
contract
executed
with
a
contractor
7
to
provide
a
QRTP.
The
bill
defines
“no
reject,
no
eject”
as
8
requiring
a
contractor
to
accept
all
individual
placements
9
referred
by
HHS
or
juvenile
court
services.
10
The
bill
applies
to
all
contracts
between
HHS
and
a
11
contractor
for
the
provision
of
a
QRTP
that
are
executed,
12
extended,
or
renewed
on
or
after
the
bill’s
effective
date.
13
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