House File 2473

                                       HOUSE FILE       
                                       BY  COMMITTEE ON HUMAN RESOURCES

                                       (SUCCESSOR TO HF 2354)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to mental health, mental retardation, and
  2    developmental disabilities services by revising involuntary
  3    hospitalization procedures involving the county single entry
  4    point process and patient advocates and authorizing counties
  5    to create a special program fund for these services.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 HF 2473
  8 jp/es/25

PAG LIN

  1  1    Section 1.  Section 229.1B, Code 2003, is amended to read
  1  2 as follows:
  1  3    229.1B  SINGLE ENTRY POINT PROCESS.
  1  4    1.  Notwithstanding any provision of this chapter to the
  1  5 contrary, any person whose hospitalization expenses are
  1  6 payable in whole or in part by a county shall be subject to
  1  7 all requirements of the single entry point process.  The
  1  8 single entry point process administrator or the
  1  9 administrator's designee shall assist the court by determining
  1 10 the person's county of legal settlement and notifying the
  1 11 court of the determination.  In addition, the administrator or
  1 12 designee shall identify one or more appropriate hospitals or
  1 13 facilities with an opening available for placement of the
  1 14 person and provide this information to the court along with a
  1 15 placement recommendation.
  1 16    2.  The county single entry point process administrator
  1 17 shall develop a plan for addressing emergency examinations and
  1 18 placements made under this chapter.  The plan shall be
  1 19 developed in consultation with representatives of the
  1 20 community mental health centers and hospitals providing
  1 21 emergency services in that county.  The plan shall include but
  1 22 is not limited to a process for the administrator or the
  1 23 administrator's designee to provide the court with a placement
  1 24 recommendation as required by this chapter.
  1 25    3.  A person who receives confidential information under
  1 26 this chapter due to the person's responsibilities relating to
  1 27 the single entry point process is subject to the requirements
  1 28 of chapter 228, the federal Health Insurance Portability and
  1 29 Accountability Act of 1996, Pub. L. No. 104-191, and other
  1 30 applicable requirements intended to protect the
  1 31 confidentiality of information pertaining to a respondent or
  1 32 person subject to a commitment order under this chapter.
  1 33    Sec. 2.  Section 229.8, subsection 2, Code 2003, is amended
  1 34 to read as follows:
  1 35    2.  Cause copies of the application and supporting
  2  1 documentation to be sent to the county attorney or the county
  2  2 attorney's attorney=designate for review, and to the county's
  2  3 single entry point process administrator.
  2  4    Sec. 3.  Section 229.9A, Code 2003, is amended to read as
  2  5 follows:
  2  6    229.9A  PATIENT ADVOCATE INFORMED.
  2  7    The court shall direct the clerk to furnish the patient
  2  8 advocate of the respondent's county of legal settlement with a
  2  9 copy of application and any order issued pursuant to section
  2 10 229.8, subsection 3.  If an order is issued, the clerk shall
  2 11 also provide a copy of the order to the single entry point
  2 12 process administrator of the respondent's county of legal
  2 13 settlement.  The advocate may attend the hospitalization
  2 14 hearing of any respondent for whom the advocate has received
  2 15 notice of a hospitalization hearing.
  2 16    Sec. 4.  Section 229.11, unnumbered paragraph 1, Code 2003,
  2 17 is amended to read as follows:
  2 18    If the applicant requests that the respondent be taken into
  2 19 immediate custody and the judge, upon reviewing the
  2 20 application and accompanying documentation, finds probable
  2 21 cause to believe that the respondent has a serious mental
  2 22 impairment and is likely to injure the respondent or other
  2 23 persons if allowed to remain at liberty, the judge may enter a
  2 24 written order directing that the respondent be taken into
  2 25 immediate custody by the sheriff or the sheriff's deputy and
  2 26 be detained until the hospitalization hearing.  The
  2 27 hospitalization hearing shall be held no more than five days
  2 28 after the date of the order, except that if the fifth day
  2 29 after the date of the order is a Saturday, Sunday, or a
  2 30 holiday, the hearing may be held on the next succeeding
  2 31 business day.  If the expenses of a respondent are payable in
  2 32 whole or in part by a county, for a placement in accordance
  2 33 with subsection 1, the judge shall give notice of the
  2 34 placement to the single entry point process, and for a
  2 35 placement in accordance with subsection 2 or 3, the judge
  3  1 shall order the placement in a hospital or facility designated
  3  2 through the single entry point process.  Prior to the hearing,
  3  3 the single entry point process administrator or the
  3  4 administrator's designee shall provide the court with a
  3  5 placement recommendation identifying one or more appropriate
  3  6 hospitals or facilities with an opening available for
  3  7 placement of the respondent.  If determined to be in the best
  3  8 interest of the respondent, the judge may order placement of
  3  9 the respondent in an alternative facility in which an opening
  3 10 is available.  The judge may order the respondent detained for
  3 11 the period of time until the hearing is held, and no longer,
  3 12 in accordance with subsection 1 if possible, and if not then
  3 13 in accordance with subsection 2 or, only if neither of these
  3 14 alternatives is available, in accordance with subsection 3.
  3 15 Detention may be:
  3 16    Sec. 5.  Section 229.13, subsection 1, paragraph a, Code
  3 17 2003, is amended to read as follows:
  3 18    a.  The court shall order a respondent whose expenses are
  3 19 payable in whole or in part by a county placed under the care
  3 20 of an appropriate hospital or facility designated through the
  3 21 single entry point process on an inpatient or outpatient
  3 22 basis.  The single entry point process administrator or the
  3 23 administrator's designee shall provide the court with a
  3 24 placement recommendation identifying one or more appropriate
  3 25 hospitals or facilities with an opening available for
  3 26 placement of the respondent.  If determined to be in the best
  3 27 interest of the respondent, the judge may order placement of
  3 28 the respondent in an alternative facility in which an opening
  3 29 is available.
  3 30    Sec. 6.  Section 229.14, subsection 2, paragraph a, Code
  3 31 2003, is amended to read as follows:
  3 32    a.  For a respondent whose expenses are payable in whole or
  3 33 in part by a county, placement as designated through the
  3 34 single entry point process in the care of an appropriate
  3 35 hospital or facility on an inpatient or outpatient basis, or
  4  1 other appropriate treatment, or in an appropriate alternative
  4  2 placement.  The single entry point process administrator or
  4  3 the administrator's designee shall provide the court with a
  4  4 placement recommendation identifying one or more appropriate
  4  5 hospitals or facilities with an opening available for
  4  6 placement of the respondent.  If determined to be in the best
  4  7 interest of the respondent, the judge may order placement of
  4  8 the respondent in an alternative facility in which an opening
  4  9 is available.
  4 10    Sec. 7.  Section 229.14A, subsection 1, Code 2003, is
  4 11 amended to read as follows:
  4 12    1.  With respect to a chief medical officer's report made
  4 13 pursuant to section 229.14, subsection 1, paragraph "b", "c",
  4 14 or "d", or any other provision of this chapter related to
  4 15 involuntary commitment for which the court issues a placement
  4 16 order or a transfer of placement is authorized, the court
  4 17 shall provide notice to the respondent and the respondent's
  4 18 attorney or mental health patient advocate pursuant to section
  4 19 229.19 concerning the placement order and the respondent's
  4 20 right to request a placement hearing to determine if the order
  4 21 for placement or transfer of placement is appropriate.  A copy
  4 22 of the placement order or transfer authorization shall also be
  4 23 provided to the single entry point process administrator of
  4 24 the respondent's county of legal settlement.
  4 25    Sec. 8.  Section 229.14A, subsection 7, Code 2003, is
  4 26 amended to read as follows:
  4 27    7.  If a respondent's expenses are payable in whole or in
  4 28 part by a county through the single entry point process,
  4 29 notice of a placement hearing shall be provided to the county
  4 30 attorney and the county's single entry point process
  4 31 administrator.  At the hearing, the county may present
  4 32 evidence regarding appropriate placement.  The single entry
  4 33 point process administrator or the administrator's designee
  4 34 shall provide the court with a placement recommendation
  4 35 identifying one or more appropriate hospitals or facilities
  5  1 with an opening available for placement of the respondent.
  5  2    Sec. 9.  Section 229.22, subsection 2, unnumbered paragraph
  5  3 2, Code Supplement 2003, is amended to read as follows:
  5  4    If the magistrate orders that the person be detained, the
  5  5 magistrate shall, by the close of business on the next working
  5  6 day, file a written order with the clerk in the county where
  5  7 it is anticipated that an application may be filed under
  5  8 section 229.6.  The order may be filed by facsimile if
  5  9 necessary.  The order shall state the circumstances under
  5 10 which the person was taken into custody or otherwise brought
  5 11 to a facility, and the grounds supporting the finding of
  5 12 probable cause to believe that the person is seriously
  5 13 mentally impaired and likely to injure the person's self or
  5 14 others if not immediately detained.  The order shall confirm
  5 15 the oral order authorizing the person's detention including
  5 16 any order given to transport the person to an appropriate
  5 17 facility.  The clerk shall provide a copy of that order to the
  5 18 single entry point process administrator of the county where
  5 19 it is anticipated that an application may be filed under
  5 20 section 229.6, to the chief medical officer of the facility to
  5 21 which the person was originally taken, to any subsequent
  5 22 facility to which the person was transported, and to any law
  5 23 enforcement department or ambulance service that transported
  5 24 the person pursuant to the magistrate's order.
  5 25    Sec. 10.  Section 229.24, subsection 1, Code 2003, is
  5 26 amended to read as follows:
  5 27    1.  All papers and records pertaining to any involuntary
  5 28 hospitalization or application for involuntary hospitalization
  5 29 of any person under this chapter, whether part of the
  5 30 permanent record of the court or a county or of a file in the
  5 31 department of human services, are subject to inspection only
  5 32 upon an order of the court for good cause shown. Nothing in
  5 33 this section shall prohibit a hospital from complying with the
  5 34 requirements of this chapter and of chapter 230 relative to
  5 35 financial responsibility for the cost of care and treatment
  6  1 provided a patient in that hospital, nor from properly billing
  6  2 any responsible relative or third=party payer for such care
  6  3 and treatment.
  6  4    Sec. 11.  Section 331.424A, Code Supplement 2003, is
  6  5 amended by adding the following new subsection:
  6  6    NEW SUBSECTION.  6.  a.  Notwithstanding contrary
  6  7 provisions of this section, a county may request approval of a
  6  8 waiver by the department of management to create a special
  6  9 program fund to receive moneys and to pay the direct and
  6 10 indirect costs of special program services provided to persons
  6 11 eligible for services payable from the services fund.  In
  6 12 requesting the waiver, the county shall provide information
  6 13 detailing how the special fund will be used, the basis upon
  6 14 which moneys will be credited and expended from the special
  6 15 fund, and other information specified by the department of
  6 16 management in order for the department to determine whether
  6 17 the special fund will be used in a manner that is appropriate
  6 18 to distinguish those uses from the uses of the services fund.
  6 19 The department of management may authorize a waiver for a
  6 20 specific term or an indefinite term and a waiver is subject to
  6 21 other conditions that the department may apply to ensure that
  6 22 the special fund is operated solely for the purposes for which
  6 23 the special fund is authorized.  The department's approval of
  6 24 a waiver shall be based upon the department's determination
  6 25 that the special fund will be only be used for managing money
  6 26 for special program services provided to persons eligible for
  6 27 services paid from the services fund and are appropriate to
  6 28 distinguish those uses from the uses of the services fund.
  6 29    b.  The special program services may be provided to persons
  6 30 whose service costs are attributable to the county that
  6 31 created the special program fund or to other counties.  In
  6 32 addition to receipts from the services fund of the county that
  6 33 created the special program fund, receipts from federal,
  6 34 state, and other county and governments, and any other
  6 35 revenues associated with the provision of special program
  7  1 services shall be credited to the special program fund.  The
  7  2 levy limitation established pursuant to subsection 4 is not
  7  3 subject to increase as a result of the creation or
  7  4 administration of the special program fund.  The management
  7  5 plans approved pursuant to section 331.439 for the counties
  7  6 purchasing services from the special program fund shall
  7  7 address the services payable from the special program fund and
  7  8 the administration of the special program fund.
  7  9    Sec. 12.  STUDY GROUP.  The supreme court is requested to
  7 10 convene a study group to consider issues relating to the
  7 11 functions performed by patient advocates appointed under
  7 12 chapter 229 and the interaction of patient advocates with
  7 13 other portions of the legal and service systems for persons
  7 14 with mental illness.  If established, the study group shall
  7 15 issue a report to the judicial branch, governor, and general
  7 16 assembly with findings and recommendations on or before
  7 17 December 15, 2004.
  7 18    Sec. 13.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  7 19 3, shall not apply to this Act.
  7 20 HF 2473
  7 21 jp/es/25