Bill Text: IA SF262 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act concerning the transportation of persons with a substance-related disorder or a mental illness.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-03 - Subcommittee, Dotzler, Segebart, and Taylor. S.J. 428. [SF262 Detail]

Download: Iowa-2015-SF262-Introduced.html
Senate File 262 - Introduced




                                 SENATE FILE       
                                 BY  WILHELM

                                      A BILL FOR

  1 An Act concerning the transportation of persons with a
  2    substance=related disorder or a mental illness.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2266XS (3) 86
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PAG LIN



  1  1    Section 1.  NEW SECTION.  125.56  Transportation services.
  1  2    1.  A county may contract with a private entity to
  1  3 appropriately transport any of the following persons:
  1  4    a.  A person admitted to a facility pursuant to section
  1  5 125.33.
  1  6    b.  A person taken into custody pursuant to section 125.81
  1  7 and court=ordered to a hospital or facility as described in
  1  8 section 125.81, subsection 2, paragraph "b" or "c".
  1  9    2.  If the hospital or facility determines that a person
  1 10 is in need of commitment or treatment at another hospital or
  1 11 facility, such a private entity shall appropriately transport
  1 12 the person to another hospital or facility.
  1 13    3.  A county's contract with such a private entity is
  1 14 independent of the county's or a mental health and disability
  1 15 services region's role as a provider of mental health services.
  1 16    4.  In contracting with a private entity, a county shall
  1 17 include provisions to ensure all of the following:
  1 18    a.  The provision of trained personnel and the use
  1 19 of appropriate vehicles for the safe transportation of
  1 20 respondents.
  1 21    b.  That the person's insurance carriers and other programs,
  1 22 both public and private, that provide payment for such
  1 23 transportation services are fully utilized to the maximum
  1 24 extent possible.
  1 25    5.  A county shall implement a request for proposals process
  1 26 to enter into a contract with a private entity for the purpose
  1 27 of transporting a person pursuant to this section.
  1 28    6.  A county shall pay fifty percent of the transportation
  1 29 costs billed by a private entity pursuant to this section,
  1 30 and the other fifty percent of the costs shall be paid by the
  1 31 department of public health.
  1 32    7.  The departments of human services and public health,
  1 33 in consultation with affected stakeholders including but not
  1 34 limited to mental health and disability services regions, the
  1 35 Iowa state association of counties, the Iowa state sheriffs'
  2  1 and deputies' association, and other law enforcement agencies
  2  2 in this state, shall adopt rules as necessary in accordance
  2  3 with best practices for the implementation and administration
  2  4 of this section.
  2  5    Sec. 2.  NEW SECTION.  229.46  Transportation services.
  2  6    1.  A mental health and disability services region, as
  2  7 defined in section 225C.2, may contract with a private entity
  2  8 to appropriately transport any of the following persons:
  2  9    a.  A person admitted to a public or private hospital
  2 10 pursuant to section 229.2.
  2 11    b.  A person taken into custody pursuant to section 229.11
  2 12 and court=ordered to a hospital or facility as described in
  2 13 section 229.11, subsection 1, paragraph "b" or "c".
  2 14    2.  If the hospital or facility determines that a person
  2 15 is in need of commitment or treatment at another hospital or
  2 16 facility, such a private entity shall appropriately transport
  2 17 the person to another hospital or facility.
  2 18    3.  A mental health and disability services region's
  2 19 contract with such a private entity is independent of the
  2 20 region's role as a provider of mental health services.
  2 21    4.  In contracting with a private entity, a region shall
  2 22 include provisions to ensure all of the following:
  2 23    a.  The provision of trained personnel and the use
  2 24 of appropriate vehicles for the safe transportation of
  2 25 respondents.
  2 26    b.  That the person's insurance carriers and other programs,
  2 27 both public and private, that provide payment for such
  2 28 transportation services are fully utilized to the maximum
  2 29 extent possible.
  2 30    5.  A mental health and disability services region shall
  2 31 implement a request for proposals process to enter into a
  2 32 contract with a private entity for the purpose of transporting
  2 33 a person pursuant to this section.
  2 34    6.  A mental health and disability services region shall pay
  2 35 fifty percent of the transportation costs billed by a private
  3  1 entity pursuant to this section, and the other fifty percent of
  3  2 the costs shall be paid by the department of human services.
  3  3    7.  The departments of human services and public health,
  3  4 in consultation with affected stakeholders including but not
  3  5 limited to mental health and disability services regions, the
  3  6 Iowa state association of counties, the Iowa state sheriffs'
  3  7 and deputies' association, and other law enforcement agencies
  3  8 in this state, shall adopt rules as necessary in accordance
  3  9 with best practices for the implementation and administration
  3 10 of this section.
  3 11                           EXPLANATION
  3 12 The inclusion of this explanation does not constitute agreement with
  3 13 the explanation's substance by the members of the general assembly.
  3 14    This bill concerns the transportation of persons with a
  3 15 substance=related disorder or a mental illness.
  3 16    The bill directs a county or a mental health and disability
  3 17 services region as defined in Code section 225C.2, as
  3 18 appropriate, to contract with private entities to appropriately
  3 19 transport a person who is admitted, on a voluntary basis,
  3 20 to a facility or hospital under Code section 125.33
  3 21 (substance=related disorders) or 229.2 (mental illness) or who
  3 22 is the subject of an immediate involuntary custody order to
  3 23 the nearest available facility licensed to care for persons
  3 24 with substance abuse or mental illness or a public or private
  3 25 hospital. If the facility or hospital determines that a person
  3 26 is in need of commitment treatment at another facility or
  3 27 hospital, the private entity is required to make arrangements
  3 28 to appropriately transport the person to another facility
  3 29 or hospital. A county's or a mental health and disability
  3 30 services region's contract with a private entity is independent
  3 31 of the county's or region's role as a provider of mental health
  3 32 services. In contracting with a private entity, a county or
  3 33 a mental health and disability services region is required to
  3 34 include provisions relating to appropriately trained personnel
  3 35 and the use of appropriate vehicles for the safe transportation
  4  1 of respondents, and fully utilizing the respondents' insurance
  4  2 carriers and other programs, both public and private, that
  4  3 provide payment for such transportation services, to the
  4  4 maximum extent possible.
  4  5    A county or a mental health and disability services region
  4  6 is required to implement a request for proposals process to
  4  7 enter into a contract with a private entity for the purpose of
  4  8 transporting a person pursuant to the bill. The department of
  4  9 human services and the department of public health may adopt
  4 10 administrative rules to administer the bill's provisions.
  4 11    The bill provides that a county or a mental health and
  4 12 disability services region shall pay 50 percent of the
  4 13 transportation costs billed by a private entity and the
  4 14 department of public health or the department of human services
  4 15 shall pay the other 50 percent of the transportation costs, as
  4 16 appropriate.
       LSB 2266XS (3) 86
       rh/rj
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