House File 876 - Reprinted



                                   HOUSE FILE       
                                   BY  COMMITTEE ON WAYS AND MEANS

                                   (SUCCESSOR TO HF 785)
                                   (SUCCESSOR TO HSB 223)


    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,
  2    developmental disabilities, and brain injury service
  3    requirements and including an effective and applicability
  4    date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1611HZ 81
  7 jp/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  225C.8A  STATE CASES == MINIMUM
  1  2 STANDARDS.
  1  3    If a person receiving services or other support provided
  1  4 under chapter 222, 230, or 249A has no legal settlement or the
  1  5 legal settlement is unknown so that the person is deemed to be
  1  6 a state case, the state's responsibility is limited to the
  1  7 cost of services or other support under the minimum standards
  1  8 required to be available to persons covered by a county
  1  9 management plan in accordance with the rules adopted by the
  1 10 commission pursuant to section 331.439A.  However, a person
  1 11 receiving services or other support as a state case as of June
  1 12 30, 2006, shall remain eligible for the services or other
  1 13 support available to the person on that date and the state
  1 14 shall continue to be responsible for the cost.
  1 15    Sec. 2.  Section 331.439, Code 2005, is amended by adding
  1 16 the following new subsection:
  1 17    NEW SUBSECTION.  9.  The county management plan shall
  1 18 designate at least one hospital licensed under chapter 135B
  1 19 that the county has contracted with to provide services
  1 20 covered under the plan.  If the designated hospital does not
  1 21 have a bed available to provide the services, the county is
  1 22 responsible for the cost of covered services provided at an
  1 23 alternate hospital licensed under chapter 135B.
  1 24    Sec. 3.  NEW SECTION.  331.439A  COUNTY MANAGEMENT PLANS ==
  1 25 MINIMUM STANDARDS.
  1 26    The county management plan approved in accordance with
  1 27 section 331.439 shall comply with the minimum standards for
  1 28 the services and other support required to be available to
  1 29 persons covered by the plan in accordance with administrative
  1 30 rules adopted by the state commission to implement this
  1 31 section.  The rules shall address processes for managing
  1 32 utilization and access to services and other support,
  1 33 including but not limited to the usage of fiscal management
  1 34 practices if state or county funding is insufficient to pay
  1 35 the costs of the services and other support required to be
  2  1 available.  The initial minimum standards shall require the
  2  2 provision of the services provided to persons covered by the
  2  3 plan under the medical assistance program for which the county
  2  4 is responsible for the nonfederal share and the availability
  2  5 of the following services and other support, based upon an
  2  6 individual having the specified primary diagnosis:
  2  7    1.  For persons with mental illness:
  2  8    a.  Payment of costs associated with commitment proceedings
  2  9 that are a county responsibility, including but not limited to
  2 10 costs for diagnostic evaluations, transportation by the
  2 11 sheriff, legal representation, and the patient advocate.
  2 12    b.  Inpatient psychiatric evaluation and treatment in a
  2 13 county=designated hospital.
  2 14    c.  Inpatient treatment provided at a state mental health
  2 15 institute.
  2 16    d.  Outpatient treatment.
  2 17    2.  For persons with chronic mental illness:
  2 18    a.  Case management or service coordination that is funded
  2 19 under the medical assistance program.
  2 20    b.  Payment of costs associated with commitment proceedings
  2 21 that are a county responsibility, including but not limited to
  2 22 costs for diagnostic evaluations, transportation by the
  2 23 sheriff, legal representation, and the patient advocate.
  2 24    c.  Inpatient psychiatric evaluation and treatment in a
  2 25 county=designated hospital.
  2 26    d.  Inpatient treatment provided at a state mental health
  2 27 institute.
  2 28    e.  Outpatient treatment.
  2 29    3.  For persons with mental retardation:
  2 30    a.  Case management or service coordination that is funded
  2 31 through the medical assistance program.
  2 32    b.  Payment of costs associated with commitment proceedings
  2 33 that are a county responsibility, including but not limited to
  2 34 costs for diagnostic evaluations, transportation by the
  2 35 sheriff, and legal representation.
  3  1    c.  Employment=related services, including but not limited
  3  2 to adult day care, sheltered workshop, work activity, and
  3  3 supported employment.
  3  4    d.  Inpatient behavioral health evaluation and treatment in
  3  5 a county=designated hospital.
  3  6    e.  Inpatient treatment provided at a state resource
  3  7 center.
  3  8    f.  Outpatient treatment, including but not limited to
  3  9 partial hospitalization and day treatment.
  3 10    g.  Residential services covered under the medical
  3 11 assistance program.
  3 12    4.  For persons with a developmental disability other than
  3 13 mental retardation:
  3 14    a.  Case management funded through the medical assistance
  3 15 program.
  3 16    b.  Payment of costs associated with commitment proceedings
  3 17 that are a county responsibility, including but not limited to
  3 18 costs for diagnostic evaluations, transportation by the
  3 19 sheriff, and legal representation.
  3 20    c.  Inpatient treatment provided at a state resource
  3 21 center.
  3 22    5.  For persons with brain injury, services under the
  3 23 medical assistance program home and community=based services
  3 24 brain injury waiver that are received while utilizing an
  3 25 approved waiver opening and are a county responsibility under
  3 26 section 249A.26.
  3 27    Sec. 4.  PSYCHOACTIVE MEDICATION PILOT PROJECT.  The
  3 28 department of human services shall issue a request for
  3 29 proposals during the fiscal year beginning July 1, 2005, for a
  3 30 pilot project based out of a community mental health center
  3 31 for providing no or low cost psychoactive medications to low=
  3 32 income persons who are in need of treatment with the
  3 33 medications.
  3 34    Sec. 5.  STATE CASES == FISCAL YEAR 2005=2006.  If the
  3 35 costs of the services provided to a person with mental
  4  1 retardation receiving services as a state case can be covered
  4  2 under a medical assistance program home and community=based
  4  3 waiver or other medical assistance program provision, the
  4  4 department of human services may transfer moneys to cover the
  4  5 nonfederal share of such costs from the appropriation made for
  4  6 the fiscal year beginning July 1, 2005, for state cases to the
  4  7 appropriation made for the medical assistance program.  The
  4  8 department shall act expeditiously to obtain federal approval
  4  9 for additional waiver slots to cover the state cases beginning
  4 10 at the earliest possible time in the fiscal year, if such
  4 11 approval is necessary.
  4 12    Sec. 6.  SERVICES FOR PERSONS WITH BRAIN INJURY ==
  4 13 LEGISLATIVE INTENT.
  4 14    1.  The general assembly intends to enact legislation in
  4 15 the 2006 regular legislative session authorizing coverage
  4 16 under county management plans of additional services and other
  4 17 support for persons with brain injury, based upon the
  4 18 information provided pursuant to this section.  The general
  4 19 assembly intends to provide for the availability of cost share
  4 20 with counties for the coverage as part of the allowed growth
  4 21 funding provided by the state for county mental health, mental
  4 22 retardation, and developmental disabilities services
  4 23 commencing in the fiscal year beginning July 1, 2006.
  4 24    2.  For the purposes of developing options under subsection
  4 25 3, "individual with brain injury" means an individual resident
  4 26 of this state who has a diagnosis of brain injury and is
  4 27 described by all of the following:
  4 28    a.  The individual is age twenty=two through sixty=four
  4 29 years.
  4 30    b.  The individual would be eligible under the income,
  4 31 resource, and other eligibility requirements for the medical
  4 32 assistance program home and community=based waiver for persons
  4 33 with brain injury except the individual does not have
  4 34 sufficient deficits under the waiver's functional assessment
  4 35 requirements to qualify but the individual could achieve a
  5  1 higher level of functioning or maintain the current level of
  5  2 functioning with support from the services available under the
  5  3 waiver.
  5  4    c.  The individual meets statewide functional assessment
  5  5 eligibility requirements to be determined pursuant to this
  5  6 section.
  5  7    3.  It is the intent of the general assembly to enact a
  5  8 directive during the 2006 regular legislative session for the
  5  9 mental health, mental retardation, developmental disabilities,
  5 10 and brain injury commission to adopt functional assessment
  5 11 eligibility requirements in rule that may be used to complete
  5 12 the definition in subsection 2 and to identify parameters for
  5 13 the eligibility requirements in the statutory directive.  The
  5 14 department of human services shall provide for the
  5 15 department's contractor for medical assistance eligibility
  5 16 determination to identify options that may be used for the
  5 17 functional assessment eligibility requirements.  A work group
  5 18 consisting of representatives of the department of management,
  5 19 department of human services, and the legislative services
  5 20 agency shall develop cost projections for the options in
  5 21 consultation with representatives of the Iowa state
  5 22 association of counties and service providers.  The work group
  5 23 may provide for the options to be reviewed and revised by the
  5 24 contractor based upon the cost projections.  In addition,
  5 25 proposals may be provided by the work group for revising the
  5 26 definition in subsection 2 if necessary to develop improved
  5 27 options.  In addition to the functional assessment eligibility
  5 28 requirements, the work group shall also identify options for a
  5 29 minimum set of services and other support that may be made
  5 30 available to persons with brain injury.  The options shall be
  5 31 designed in a manner so that the state and county funding
  5 32 designated for provision of services to persons with brain
  5 33 injury is not exceeded.
  5 34    4.  The work group shall submit a report of the options
  5 35 developed pursuant to subsection 3 along with any findings and
  6  1 recommendations to the governor, general assembly, and the
  6  2 commission on or before December 16, 2005.
  6  3    Sec. 7.  EFFECTIVE AND APPLICABILITY DATE.  The sections of
  6  4 this Act enacting sections 225C.8A and 331.439A take effect
  6  5 July 1, 2006.  The mental health, mental retardation,
  6  6 developmental disabilities, and brain injury commission shall
  6  7 act in advance of that effective date by adopting rules to
  6  8 implement the provisions that take effect July 1, 2006.
  6  9 HF 876
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