Bill Text: IA SF207 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to interstate contracts for mental health services.

Sponsorship: Partisan Bill (Independent 1)

Status: (Introduced - Dead) 2015-02-17 - Subcommittee, Wilhelm, Bolkcom, and Johnson. S.J. 312. [SF207 Detail]

Download: Iowa-2015-SF207-Introduced.html
Senate File 207 - Introduced




                                 SENATE FILE       
                                 BY  JOHNSON

                                      A BILL FOR

  1 An Act relating to interstate contracts for mental health
  2    services.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1062XS (2) 86
    rh/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  229.46  Interstate contracts for
  1  2 services under this chapter.
  1  3    1.  Purpose and policy.  The purpose of this section is
  1  4 to enable appropriate mental health treatment to be provided
  1  5 to a person, across state lines from the person's state of
  1  6 residence, in qualified facilities that are closer to the
  1  7 person's home than are facilities available in the person's
  1  8 home state.
  1  9    2.  Definitions.  For the purposes of this section:
  1 10    a.  "Bordering state" means Illinois, Minnesota, Missouri,
  1 11 Nebraska, South Dakota, or Wisconsin.
  1 12    b.  "County" means a county that has been exempted from the
  1 13 requirements of section 331.389.
  1 14    c.  "Receiving agency" means a public or private agency,
  1 15 region, or county which, under this section, provides mental
  1 16 health treatment to a person from a state other than the state
  1 17 in which the agency, region, or county is located.
  1 18    d.  "Receiving state" means the state in which a receiving
  1 19 agency is located.
  1 20    e.  "Region" means a mental health and disability services
  1 21 region formed in accordance with section 331.389.
  1 22    f.  "Sending agency" means a public or private agency located
  1 23 in a state which sends a person to a bordering state for mental
  1 24 health treatment under this section.
  1 25    g.  "Sending state" means the state in which a sending agency
  1 26 is located.
  1 27    3.  Purchase of services.
  1 28    a.  A region or county may contract with a public or private
  1 29 agency in a bordering state to secure services under this
  1 30 chapter for persons who receive services through the region or
  1 31 county.
  1 32    b.  This subsection shall not apply to a person who is any
  1 33 of the following:
  1 34    (1)  Serving a criminal sentence.
  1 35    (2)  On probation or parole.
  2  1    (3)  Is the subject of a presentence investigation.
  2  2    4.  Provision of services.  A region or county may contract
  2  3 with a public or private agency in a bordering state to provide
  2  4 services under this chapter for residents of the bordering
  2  5 state in approved mental health treatment facilities in this
  2  6 state, except that services shall not be provided for residents
  2  7 of the bordering state who are involved in criminal proceedings
  2  8 substantially similar to the provisions of subsection 3,
  2  9 paragraph "b", subparagraphs (1) through (3).
  2 10    5.  Contract approval.  A contract under this section shall
  2 11 not be validly executed until the director of human services
  2 12 has reviewed and approved the provisions of the contract,
  2 13 determined that the receiving agency provides services in
  2 14 accordance with the standards of this state, and has certified
  2 15 that the receiving state's laws governing patient rights are
  2 16 substantially similar to those of this state.
  2 17    6.  Residence not established.  A person shall not establish
  2 18 legal residence in the state where the receiving agency is
  2 19 located while the person is receiving services pursuant to a
  2 20 contract under this section.
  2 21    7.  Treatment records.  Section 228.2 applies to mental
  2 22 health treatment records of a person receiving services
  2 23 pursuant to a contract under this section through a receiving
  2 24 agency in this state, except that the sending agency has the
  2 25 same right of access to the mental health treatment records of
  2 26 the person as provided under section 228.5.
  2 27    8.  Involuntary commitments.
  2 28    a.  A person who is detained, committed, or placed on an
  2 29 involuntary basis under this chapter may be confined and
  2 30 treated in another state pursuant to a contract under this
  2 31 section.
  2 32    b.  A person who is detained, committed, or placed on an
  2 33 involuntary basis under the civil law of a bordering state may
  2 34 be confined and treated in this state pursuant to a contract
  2 35 under this section.
  3  1    c.  Court orders valid under the law of the sending state
  3  2 are granted recognition and reciprocity in the receiving state
  3  3 for a person covered by a contract under this section to the
  3  4 extent that the court orders relate to confinement for mental
  3  5 health treatment. Such court orders are not subject to legal
  3  6 challenge in the courts of the receiving state.
  3  7    d.  A person who is detained, committed, or placed under the
  3  8 law of a sending state and who is transferred to a receiving
  3  9 state under this section shall be considered to be in the legal
  3 10 custody of the authority responsible for the person under the
  3 11 law of the sending state. Except in an emergency, such a
  3 12 person shall not be transferred, removed, or furloughed from a
  3 13 facility of the receiving agency without the specific approval
  3 14 of the authority responsible for the person under the law of
  3 15 the sending state.
  3 16    9.  Applicable laws.  While in the receiving state pursuant
  3 17 to a contract under this section, a person shall be subject
  3 18 to all of the provisions of law and regulations applicable
  3 19 to persons detained, committed, or placed pursuant to the
  3 20 corresponding laws and regulations of the receiving state,
  3 21 except those laws and regulations of the receiving state
  3 22 relating to length of confinement, reexaminations, and
  3 23 extensions of confinement.  A person shall not be sent to
  3 24 another state pursuant to a contract under this section until
  3 25 the receiving state has enacted a law recognizing the validity
  3 26 and applicability of this section.
  3 27    10.  Escaped persons.  If a person receiving services
  3 28 pursuant to a contract under this section escapes from the
  3 29 receiving agency and the person at the time of the escape is
  3 30 subject to involuntary confinement under the law of the sending
  3 31 state, the receiving agency shall use all reasonable means to
  3 32 recapture the escapee. The receiving agency shall immediately
  3 33 report the escaped person to the sending agency. The receiving
  3 34 state has the primary responsibility for, and the authority
  3 35 to direct, the pursuit, retaking, and prosecution of escaped
  4  1 persons within its borders and is liable for the cost of such
  4  2 action to the extent that it would be liable for costs if its
  4  3 own resident escaped.
  4  4    11.  Contract provisions.  The terms of a contract entered
  4  5 into under this section shall do all of the following:
  4  6    a.  Describe the mental health treatment services to be
  4  7 provided.
  4  8    b.  Establish responsibility for the costs of all services to
  4  9 be provided under the contract.
  4 10    c.  Establish responsibility for the transportation of
  4 11 clients to and from receiving facilities.
  4 12    d.  Require the receiving agency to report to the sending
  4 13 agency on the condition of each person covered by the contract.
  4 14    e.  Provide for arbitration of disputes arising out of the
  4 15 provisions of the contract which cannot be settled through
  4 16 discussion between the contracting parties and specify how
  4 17 arbitrators will be chosen.
  4 18    f.  Include provisions ensuring the nondiscriminatory
  4 19 treatment, as required by law, of employees, clients, and
  4 20 applicants for employment and services.
  4 21    g.  Establish the responsibility for providing legal
  4 22 representation for clients in legal proceedings involving the
  4 23 legality of confinement and the conditions of confinement.
  4 24    h.  Establish the responsibility for providing legal
  4 25 representation for employees of the contracting parties in
  4 26 legal proceedings initiated by persons receiving mental health
  4 27 treatment pursuant to the contract.
  4 28    i.  Include provisions concerning the length of the contract
  4 29 and the means by which the contract can be terminated.
  4 30    j.  Establish the right of qualified employees and
  4 31 representatives of the sending agency and sending state to
  4 32 inspect, at all reasonable times, the records of the receiving
  4 33 agency and its mental health treatment facilities to determine
  4 34 if appropriate standards of care are being met.
  4 35    k.  Require the sending agency to provide the receiving
  5  1 agency with copies of all relevant legal documents authorizing
  5  2 confinement of persons who are confined pursuant to law of the
  5  3 sending state and receiving services pursuant to a contract
  5  4 under this section.
  5  5    l.  Include provisions specifying when a receiving facility
  5  6 can refuse to admit or retain a person.
  5  7                           EXPLANATION
  5  8 The inclusion of this explanation does not constitute agreement with
  5  9 the explanation's substance by the members of the general assembly.
  5 10    This bill relates to interstate contracts for mental health
  5 11 services.
  5 12    CONTRACT FOR TREATMENT.  The bill provides that a region
  5 13 or county as defined in the bill in Iowa may contract with
  5 14 a public or private agency in a bordering state to secure
  5 15 mental health treatment for persons in both voluntary and
  5 16 involuntary commitment cases under Code chapter 229 who receive
  5 17 services through a region or county in Iowa.  Similarly,
  5 18 a region or county may contract with a public or private
  5 19 agency in a bordering state to provide services for residents
  5 20 of the bordering state in approved treatment facilities in
  5 21 this state.  A person serving a criminal sentence, who is on
  5 22 probation or parole, or who is the subject of a presentence
  5 23 investigation is not eligible to receive such interstate mental
  5 24 health treatment. The bill defines "bordering state" to mean
  5 25 Illinois, Minnesota, Missouri, Nebraska, South Dakota, or
  5 26 Wisconsin, "county" to mean a county that has been exempted by
  5 27 the director of human services from being required to enter
  5 28 into a regional mental health and disability services system,
  5 29 and "region" to mean a mental health and disability services
  5 30 region formed in accordance with Code section 331.389.
  5 31    The bill provides that a contract shall not be validly
  5 32 executed until the director of human services has reviewed
  5 33 and approved the contract, determined that the receiving
  5 34 agency provides services in accordance with the standards of
  5 35 this state, and has certified that the receiving state's laws
  6  1 governing patient rights are substantially similar to those of
  6  2 this state. The bill specifies certain provisions that must be
  6  3 included in the contract.
  6  4    TREATMENT RECORDS.  The bill provides that Code section
  6  5 228.2 relating to prohibitions on the disclosure of mental
  6  6 health information applies to mental health treatment records
  6  7 of a person receiving services pursuant to a contract under
  6  8 the bill through a receiving agency in this state, except that
  6  9 the sending agency has the same right of access to the mental
  6 10 health treatment records of the person as provided under Code
  6 11 section 228.5 (administrative disclosures).
  6 12    INVOLUNTARY COMMITMENTS.  The bill provides that a person
  6 13 who is detained, committed, or placed on an involuntary basis
  6 14 under Code chapter 229 may be confined and treated in another
  6 15 state pursuant to a contract executed under the bill and a
  6 16 person who is detained, committed, or placed on an involuntary
  6 17 basis under the civil law of a bordering state may be confined
  6 18 and treated pursuant to a contract executed under the bill.
  6 19 Court orders valid under the law of the sending state are
  6 20 granted recognition and reciprocity in the receiving state for
  6 21 a person covered by a contract. A person who is detained,
  6 22 committed, or placed under the law of a sending state and who
  6 23 is transferred to a receiving state is  considered to be in the
  6 24 legal custody of the authority responsible for the person under
  6 25 the law of the sending state. Except in an emergency, such a
  6 26 person shall not be transferred, removed, or furloughed from a
  6 27 facility of the receiving agency without the specific approval
  6 28 of the authority responsible for the person under the law of
  6 29 the sending state.
  6 30    APPLICABLE LAW.  While in the receiving state pursuant to a
  6 31 contract executed under the bill, a person is subject to all
  6 32 of the provisions of law and regulations applicable to persons
  6 33 detained, committed, or placed pursuant to the corresponding
  6 34 laws of the receiving state, except those laws and regulations
  6 35 of the receiving state relating to length of confinement,
  7  1 reexaminations, and extensions of confinement.
  7  2    ESCAPE.  If a person receiving services pursuant to a
  7  3 contract under this Code section escapes from the receiving
  7  4 agency and the person at the time of the escape is subject to
  7  5 involuntary confinement under the law of the sending state, the
  7  6 receiving agency shall use all reasonable means to recapture
  7  7 the escapee. The receiving agency shall immediately report
  7  8 the escape to the sending agency. The receiving state has the
  7  9 primary responsibility for, and the authority to direct, the
  7 10 pursuit, retaking, and prosecution of escaped persons within
  7 11 its borders and is liable for the cost of such action to the
  7 12 extent that it would be liable for costs if its own resident
  7 13 escaped.
       LSB 1062XS (2) 86
       rh/rj
feedback