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
