Bill Text: IA HF386 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the provision and financing of long-term care services in subacute mental health care facilities for persons with serious and persistent mental illness.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-28 - Subcommittee: Moore, Bergan and Heddens. H.J. 481. [HF386 Detail]
Download: Iowa-2017-HF386-Introduced.html
House File 386 - Introduced HOUSE FILE BY HANUSA A BILL FOR 1 An Act relating to the provision and financing of long=term 2 care services in subacute mental health care facilities for 3 persons with serious and persistent mental illness. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1722YH (8) 87 rh/rj PAG LIN 1 1 Section 1. Section 229.13, subsection 7, paragraph a, 1 2 subparagraph (1), Code 2017, is amended to read as follows: 1 3 (1) (a) The respondent's mental health professional acting 1 4 within the scope of the mental health professional's practice 1 5 shall notify the committing court, with preference given to 1 6 the committing judge, if available, in the appropriate county 1 7 and the court shall enter a written order directing that the 1 8 respondent be taken into immediate protective custody by the 1 9 appropriate sheriff or sheriff's deputy. The appropriate 1 10 sheriff or sheriff's deputy shall exercise all due diligence 1 11 in taking the respondent into protective custody to a hospital 1 12 or other suitable facility. The court's written order shall 1 13 include a statement that the respondent has not been compliant 1 14 with the committing court's outpatient treatment order. The 1 15 clerk of the district court shall enter notice of the court's 1 16 order into the Iowa criminal justice information system or the 1 17 national crime information center system, and shall send a copy 1 18 of the order to the outpatient treatment facility at which 1 19 the respondent was previously ordered to undergo outpatient 1 20 treatment. 1 21 (b) If the respondent's mental health professional is 1 22 unable to contact the committing court during regular business 1 23 hours, the mental health professional shall notify the 1 24 appropriate sheriff or sheriff's deputy who shall take the 1 25 respondent into immediate protective custody. The respondent's 1 26 mental health professional shall provide notice of such action 1 27 to the committing court on the next business day and the 1 28 committing court shall proceed as provided in subparagraph 1 29 division (a). The respondent's mental health professional 1 30 shall also provide such notice to the outpatient treatment 1 31 facility at which the respondent was previously ordered to 1 32 undergo outpatient treatment. 1 33 (c) If charges are pending against the respondent, 1 34 the respondent may be detained in protective custody in a 1 35 hospital or other suitable facility for a period not to exceed 2 1 seventy=two hours from the time the respondent is taken into 2 2 protective custody for crisis observation and treatment before 2 3 formal charges can be filed against the respondent. 2 4 Sec. 2. Section 229.13, subsection 7, paragraph a, 2 5 subparagraph (3), Code 2017, is amended to read as follows: 2 6 (3) If the respondent chooses to be treated by the 2 7 appropriate medication which may include the use of injectable 2 8 antipsychotic medicine but the mental health professional 2 9 acting within the scope of the mental health professional's 2 10 practice at the outpatient psychiatric clinic, hospital, or 2 11 other suitable facility determines, or a family member of the 2 12 respondent provides sufficient information to the mental health 2 13 professional or any of the respondent's outpatient treatment 2 14 providers to the mental health professional or outpatient 2 15 treatment provider to conclude that the respondent's behavior 2 16 continues to be likely to result in physical injury to the 2 17 respondent's self or others if allowed to continue, the mental 2 18 health professional acting within the scope of the mental 2 19 health professional's practice shall comply with the provisions 2 20 of subparagraph (1) and, following notice and hearing held in 2 21 accordance with the procedures in section 229.12, the court may 2 22 order the respondent treated on an inpatient basis requiring 2 23 full=time custody, care, and treatment in a hospital or other 2 24 suitable facility until such time as the chief medical officer 2 25 reports that the respondent does not require further treatment 2 26 for serious mental impairment or has indicated the respondent 2 27 is willing to submit to treatment on another basis as ordered 2 28 by the court. 2 29 Sec. 3. Section 229.13, subsection 7, Code 2017, is amended 2 30 by adding the following new paragraph: 2 31 NEW PARAGRAPH. c. For the purposes of this subsection, 2 32 "other suitable facility" may include an appropriate subacute 2 33 care facility licensed under chapter 135G but shall not include 2 34 a jail or other correctional facility. 2 35 Sec. 4. DEPARTMENT OF INSPECTIONS AND APPEALS == RULES. 3 1 1. The department of inspections and appeals shall 3 2 adopt rules pursuant to chapter 17A relating to eligibility 3 3 requirements for the receipt of individualized subacute mental 3 4 health services in subacute care facilities licensed under 3 5 chapter 135G to allow for the care and treatment of a person 3 6 with a serious and persistent mental illness on a long=term 3 7 basis if the person is in court=ordered outpatient treatment 3 8 and any of the following applies: 3 9 a. The person is not complying with the court=ordered 3 10 outpatient treatment. 3 11 b. The person's outpatient mental health professional 3 12 is not available for appointments and follow up necessary to 3 13 assist the person in remaining compliant with the outpatient 3 14 court=ordered treatment. 3 15 c. The person has visited a hospital emergency room or 3 16 emergency clinic multiple times but has not been admitted to 3 17 the hospital as an inpatient, or the person has been admitted 3 18 to a hospital as an inpatient but, based upon information 3 19 received from family members or mental health professionals, 3 20 the person continues to be noncompliant with the court=ordered 3 21 outpatient treatment. 3 22 d. Protective treatment in a hospital or other suitable 3 23 facility is not available. 3 24 e. Pursuant to section 229.13, subsection 7, the person 3 25 has been taken into custody by the county sheriff for 3 26 noncompliance with the court=ordered outpatient treatment, and 3 27 protective treatment in a hospital or other suitable facility 3 28 is available. 3 29 2. For the purposes of this section, "other suitable 3 30 facility" shall not include a jail or other correctional 3 31 facility. 3 32 Sec. 5. DEPARTMENT OF HUMAN SERVICES == RULES. 3 33 1. The department of human services, in coordination with 3 34 regional administrators of county mental health and disability 3 35 services regions, the state mental health and disability 4 1 services commission, service providers, and other stakeholders, 4 2 shall develop a methodology to establish appropriate medical 4 3 assistance program reimbursement rates for the actual cost 4 4 of mental health treatment services and associated room and 4 5 board costs in a subacute mental health facility licensed under 4 6 chapter 135G for eligible persons pursuant to this Act. 4 7 2. The department of human services shall adopt rules 4 8 pursuant to chapter 17A to administer the provisions of this 4 9 Act. 4 10 Sec. 6. CITATION. This Act may, along with its formal 4 11 citation, be cited as "Jackie's Law". 4 12 EXPLANATION 4 13 The inclusion of this explanation does not constitute agreement with 4 14 the explanation's substance by the members of the general assembly. 4 15 This bill relates to the provision and financing of 4 16 long=term care services in subacute care mental health care 4 17 facilities for persons with serious and persistent mental 4 18 illness. 4 19 The bill amends Code section 229.13 relating to a person 4 20 (respondent) who is under a court order to undergo outpatient 4 21 treatment for mental illness upon the conclusion of an 4 22 involuntary hospitalization proceeding. Under current law, 4 23 if the respondent is ordered to undergo outpatient treatment 4 24 and the respondent's failure to comply with the course of 4 25 treatment results in behavior by the respondent which, in 4 26 the opinion of the respondent's mental health professional, 4 27 is likely to result in physical injury to the respondent's 4 28 self or others if allowed to continue, the respondent may be 4 29 taken into protective custody. Once in protective custody, 4 30 the respondent shall be given the choice of being treated 4 31 by the appropriate medication at an outpatient psychiatric 4 32 clinic, hospital, or other suitable facility or being placed 4 33 for treatment under the care of a hospital or other suitable 4 34 facility for inpatient treatment. If the respondent chooses to 4 35 be treated by the appropriate medication but the mental health 5 1 professional at the outpatient psychiatric clinic, hospital, 5 2 or other suitable facility determines that the respondent's 5 3 behavior continues to be likely to result in physical injury 5 4 to the respondent's self or others if allowed to continue, the 5 5 mental health professional is required to notify the committing 5 6 court, and after proper notice and hearing, the court may 5 7 order the respondent treated on an inpatient basis requiring 5 8 full=time custody, care, and treatment in a hospital until it 5 9 is determined that the respondent does not require further 5 10 treatment for serious mental impairment or has indicated 5 11 the respondent is willing to submit to other court=ordered 5 12 treatment. 5 13 The bill provides that the court's written order shall 5 14 include a statement that the respondent has not been compliant 5 15 with the committing court's outpatient treatment order. The 5 16 clerk of the district court shall enter notice of the court's 5 17 order into the Iowa criminal justice information system or 5 18 the national crime information center system, and shall send 5 19 a copy of the order to the outpatient treatment facility 5 20 at which the respondent was previously ordered to undergo 5 21 outpatient treatment. If the respondent's mental health 5 22 professional is unable to contact the committing court during 5 23 regular business hours, the mental health professional shall 5 24 notify the appropriate sheriff or sheriff's deputy who shall 5 25 take the respondent into immediate protective custody. The 5 26 respondent's mental health professional shall provide notice of 5 27 such action to the committing court on the next business day 5 28 and the committing court shall proceed as provided in the bill. 5 29 The respondent's mental health professional shall also provide 5 30 such notice to the outpatient treatment facility at which 5 31 the respondent was previously ordered to undergo outpatient 5 32 treatment. If charges are pending against the respondent, the 5 33 respondent may be detained in protective custody in a hospital 5 34 or other suitable facility for a 72=hour period for crisis 5 35 observation and treatment before formal charges can be filed 6 1 against the respondent. 6 2 The bill allows a family member of the respondent to provide 6 3 information to the mental health professional or any of the 6 4 respondent's outpatient treatment providers from which the 6 5 mental health professional or outpatient treatment provider 6 6 may conclude that the respondent's behavior continues to be 6 7 likely to result in physical injury to the respondent's self 6 8 or others. The bill then provides that the court may order the 6 9 respondent treated on an inpatient basis in a suitable facility 6 10 in addition to a hospital. The bill defines other suitable 6 11 facility to include an appropriate subacute care facility 6 12 licensed under Code chapter 135G but excludes a jail or other 6 13 correctional facility. 6 14 The bill requires the department of inspections and appeals 6 15 to adopt rules relating to eligibility requirements for 6 16 individualized subacute mental health services in subacute care 6 17 facilities licensed under Code chapter 135G to allow for the 6 18 treatment of a person with a serious and persistent mental 6 19 illness that requires inpatient care on a long=term basis if 6 20 the person is in court=ordered outpatient treatment and certain 6 21 circumstances apply. 6 22 The department of human services, in coordination with 6 23 regional administrators of county mental health and disability 6 24 services regions, the state mental health and disability 6 25 services commission, service providers, and other stakeholders, 6 26 is required to develop a methodology to establish appropriate 6 27 medical assistance program reimbursement rates for the actual 6 28 cost of mental health treatment services and associated room 6 29 and board costs in a subacute care facility licensed under 6 30 Code chapter 135G for eligible persons under the bill. The 6 31 department is required to adopt rules pursuant to chapter 17A 6 32 to administer the provisions of the bill. LSB 1722YH (8) 87 rh/rj
