SF 248 (LSB 1308XS (2) 91)

SENATE FILE 248

BY  PETERSEN

A BILL FOR

An Act relating to the admission of persons into residential care facilities, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS WITH CONTRACTORS —— QUALIFIED RESIDENTIAL TREATMENT PROGRAMS.
   1.  a.  In all contracts executed with a contractor to provide a qualified residential treatment program, the department of health and human services shall include a provision that allows the contractor to reject a placement of an individual referred by the department of health and human services, or juvenile court services, if the contractor confirms in writing to the department of health and human services, or juvenile court services, that the contractor does not have the necessary security or support to ensure the safety of the individual or the safety of the contractor’s staff.
   b.  The department of health and human services shall not include any type of “no reject, no eject” provision in any contract executed with a contractor to provide a qualified residential treatment program. For purposes of this paragraph, “no reject, no eject” means that the contractor shall be required to accept all individual placements referred by the department of health and human services or juvenile court services.
    Sec. 2.  APPLICABILITY.  This Act applies to all contracts between the department of health and human services and a contractor for the provision of a qualified residential treatment program that are executed, extended, or renewed on or after the effective date of this Act.
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 admission of persons into residential care facilities.
   The bill requires all contracts the department of health and human services (HHS) executes with a contractor to provide a qualified residential treatment program (QRTP) to include a provision that allows the contractor to reject a placement of an individual referred by HHS, or juvenile court services, if the contractor confirms in writing to HHS, or juvenile court services, that the contractor does not have the necessary security or support to ensure the safety of the individual or the safety of the contractor’s staff.
   The bill prohibits HHS from including any type of “no reject, no eject” provision in any contract executed with a contractor to provide a QRTP. The bill defines “no reject, no eject” as requiring a contractor to accept all individual placements referred by HHS or juvenile court services.
   The bill applies to all contracts between HHS and a contractor for the provision of a QRTP that are executed, extended, or renewed on or after the bill’s effective date.