Text: HSB108            Text: HSB110


House Study Bill 109

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL) A BILL FOR 1 An Act relating to mental health and disability services 2 requirements involving the department of human services 3 and including effective date and retroactive applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1153XD (5) 85 jp/nh PAG LIN 1 1 DIVISION I 1 2 MENTAL HEALTH AND DISABILITY SERVICES CLIENT IDENTIFIER 1 3 Section 1. Section 225C.6A, subsection 3, paragraph b, Code 1 4 2013, is amended to read as follows: 1 5 b. In implementing a system under this subsection for 1 6 collecting and analyzing state, county, and private contractor 1 7 data, the department shall establish a client identifier for 1 8 the individuals receiving services. The client identifier 1 9 shall be used in lieu of the individual's name or social 1 10 security number. The client identifier shall consist of the 1 11 last four digits of an individual's social security number, 1 12 the first three letters of the individual's last name, the 1 13 individual's date of birth, and the individual's gender in an 1 14 order determined by the department. 1 15 DIVISION II 1 16 INTERAGENCY INFORMATION SERVICE ON PERSONS WITH MENTAL 1 17 DISABILITIES 1 18 Sec. 2. REPEAL. Section 218.11, Code 2013, is repealed. 1 19 Sec. 3. REPEAL. Chapter 220A, Code 2013, is repealed. 1 20 DIVISION III 1 21 SUBACUTE MENTAL HEALTH CARE FACILITIES 1 22 Sec. 4. Section 135G.3, subsection 2, Code 2013, is amended 1 23 to read as follows: 1 24 2. The licensed psychiatrist providing supervision of the 1 25 subacute care facility facility's treatment care plans shall 1 26 evaluate the condition of each resident as medically necessary 1 27 and shall be available to residents of the facility on an 1 28 on=call basis at all other times. Additional evaluation and 1 29 treatment may be provided by a mental health professional. The 1 30 subacute care facility may employ a seclusion room meeting the 1 31 conditions described in 42 C.F.R. { 483.364(b) with approval of 1 32 the licensed psychiatrist of the facility or by order of the 1 33 resident's physician, a physician assistant, or an advanced 1 34 registered nurse practitioner. 1 35 Sec. 5. Section 135G.4, subsection 2, Code 2013, is amended 2 1 to read as follows: 2 2 2. An intermediate care facility for persons with mental 2 3 illness licensed under chapter 135C may convert to a subacute 2 4 care facility by providing submitting an application for a 2 5 license in accordance with section 135G.5 accompanied by 2 6 written notice to the department that the facility has employed 2 7 a full=time psychiatrist and desires to make the conversion. 2 8 An intermediate care facility for persons with mental illness 2 9 applying for a license under this subsection remains subject to 2 10 subsection 1 until a license is issued. 2 11 Sec. 6. EFFECTIVE UPON ENACTMENT. This division of this 2 12 Act, being deemed of immediate importance, takes effect upon 2 13 enactment. 2 14 Sec. 7. RETROACTIVE APPLICABILITY. This division of this 2 15 Act applies retroactively to July 1, 2012. 2 16 DIVISION IV 2 17 COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT ALLOCATION 2 18 Sec. 8. 2011 Iowa Acts, chapter 126, section 20, subsection 2 19 1, paragraph d, is amended to read as follows: 2 20 d. Of the amount allocated to eligible services providers 2 21 under paragraph "c", 70 percent shall be distributed to the 2 22 state's accredited community mental health centers established 2 23 or designated by counties the department in collaboration with 2 24 mental health and disability services regions in accordance 2 25 with law chapter 230A or applicable administrative rule. 2 26 If a county has not established or designated a community 2 27 mental health center and has received a waiver from the 2 28 mental health and disability services commission, the mental 2 29 health services provider designated by that county is was 2 30 designated as authorized in section 230A.107, subsection 2, 2 31 the provider remains eligible to receive funding distributed 2 32 pursuant to this paragraph in lieu of as a community mental 2 33 health center. The funding distributed shall be used by 2 34 recipients of the funding for the purpose of developing and 2 35 providing evidence=based practices and emergency services 3 1 to adults with a serious mental illness and children with 3 2 a serious emotional disturbance. The distribution amounts 3 3 shall be announced at the beginning of the federal fiscal 3 4 year and distributed on a quarterly basis according to the 3 5 formulas used in previous fiscal years. It is the intent of 3 6 the general assembly that the distribution amounts for future 3 7 federal fiscal years shall be determined by the department in 3 8 consultation with the mental health and disability services 3 9 regional administrators and announced by the beginning of the 3 10 federal fiscal year. Recipients shall submit quarterly reports 3 11 containing data consistent with the performance measures 3 12 approved by the federal substance abuse and mental health 3 13 services administration. 3 14 Sec. 9. EFFECTIVE UPON ENACTMENT. This division of this 3 15 Act, being deemed of immediate importance, takes effect upon 3 16 enactment. 3 17 EXPLANATION 3 18 This bill relates to mental health and disability services 3 19 requirements involving the department of human services (DHS) 3 20 and is organized into divisions. 3 21 MENTAL HEALTH AND DISABILITY SERVICES CLIENT IDENTIFIER. 3 22 This division amends Code section 225C.6A, relating to 3 23 disability services system redesign data, by eliminating 3 24 specific requirements for the client identifier that is used in 3 25 lieu of an individual's name or social security number. 3 26 INTERAGENCY INFORMATION SERVICE ON PERSONS WITH MENTAL 3 27 DISABILITIES. This division repeals Code chapter 220A, 3 28 requiring DHS to provide for a central data control and 3 29 exchange agency for persons believed to have mental 3 30 disabilities known as the "interagency case information 3 31 service". 3 32 The Code chapter includes sections stating purpose, 3 33 providing definitions, designating DHS as the administrative 3 34 agency for the information service, listing other state 3 35 agencies required to provide and receive information, listing 4 1 DHS duties, authorizing other public and private agencies to 4 2 provide or receive information, exempting the information 4 3 exchange from any state law or administrative rule that would 4 4 restrict information from being exchanged by the service, 4 5 authorizing the service to disseminate statistical information, 4 6 and providing immunity from liability for agencies and persons 4 7 participating under the Code chapter. 4 8 The division also repeals Code section 218.11 in the Code 4 9 chapter relating to institutions governed by DHS. The Code 4 10 section requires DHS to be the administrative agency for the 4 11 information service and perform the duties required by Code 4 12 chapter 220A. 4 13 SUBACUTE MENTAL HEALTH CARE FACILITIES. This division 4 14 amends certain provisions for licensure of subacute mental 4 15 health care facilities enacted in 2012 Iowa Acts, ch. 1120 4 16 (SF 2315). Licensure is administered by the department of 4 17 inspections and appeals in conjunction with DHS. 4 18 Code section 135G.3 is amended to require a licensed 4 19 psychiatrist to provide supervision of the subacute care 4 20 facility's treatment care plans rather than the subacute care 4 21 facility itself. 4 22 Code section 135G.4, requiring licensure of subacute 4 23 care facilities and authorizing a licensed intermediate care 4 24 facility for persons with mental illness (ICF/MI) to convert 4 25 to a licensed subacute facility after notifying the department 4 26 of inspections and appeals that certain requirements are 4 27 being met, is amended to require the ICF/MI to also submit 4 28 an application for licensure as a subacute care facility. 4 29 An ICF/MI is prohibited from establishing, operating, or 4 30 maintaining a subacute care facility until issued a license to 4 31 do so. 4 32 This division takes effect upon enactment and is 4 33 retroactively applicable to July 1, 2012. 4 34 COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT ALLOCATION. 4 35 This division amends the allocation requirements in the federal 5 1 community mental health services block grant appropriation for 5 2 federal fiscal year 2012=2013 made in 2011 Iowa Acts, chapter 5 3 126. 5 4 The amendments reflect changes made in Code chapter 230A 5 5 for designation of community mental health centers. The 5 6 amended Code chapter allows a for=profit corporation, nonprofit 5 7 corporation, or county hospital providing mental health 5 8 services to county residents pursuant to a waiver approved 5 9 under Code section 225C.7, subsection 3, Code 2011, as of 5 10 October 1, 2010, to be designated as a community mental 5 11 health center. Otherwise, only a nonprofit corporation can be 5 12 designated as a community mental health center. In addition, 5 13 the amendments state legislative intent that in future federal 5 14 fiscal years the distribution amounts for centers will be 5 15 determined by DHS in consultation with the mental health and 5 16 disability services regional administrators and announced by 5 17 the beginning of the federal fiscal year. 5 18 The division takes effect upon enactment. LSB 1153XD (5) 85 jp/nh
Text: HSB108            Text: HSB110