Bill Text: IA SF302 | 2017-2018 | 87th General Assembly | Introduced


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

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-02-23 - Subcommittee: Chapman, Costello, and Ragan. S.J. 402. [SF302 Detail]

Download: Iowa-2017-SF302-Introduced.html

Senate File 302 - Introduced




                                 SENATE FILE       
                                 BY  DANIELSON

                                      A BILL FOR

  1 An Act relating to 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 2465SS (2) 87
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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.  The departments of human services and public health,
  1 29 in consultation with affected stakeholders including but not
  1 30 limited to mental health and disability services regions, the
  1 31 Iowa state association of counties, the Iowa state sheriffs'
  1 32 and deputies' association, and other law enforcement agencies
  1 33 in this state, shall adopt rules as necessary in accordance
  1 34 with best practices for the implementation and administration
  1 35 of this section.
  2  1    Sec. 2.  NEW SECTION.  229.46  Transportation services.
  2  2    1.  A mental health and disability services region, as
  2  3 defined in section 225C.2, may contract with a private entity
  2  4 to appropriately transport any of the following persons:
  2  5    a.  A person admitted to a public or private hospital
  2  6 pursuant to section 229.2.
  2  7    b.  A person taken into custody pursuant to section 229.11
  2  8 and court=ordered to a hospital or facility as described in
  2  9 section 229.11, subsection 1, paragraph "b" or "c".
  2 10    2.  If the hospital or facility determines that a person
  2 11 is in need of commitment or treatment at another hospital or
  2 12 facility, such a private entity shall appropriately transport
  2 13 the person to another hospital or facility.
  2 14    3.  A mental health and disability services region's
  2 15 contract with such a private entity is independent of the
  2 16 region's role as a provider of mental health services.
  2 17    4.  In contracting with a private entity, a region shall
  2 18 include provisions to ensure all of the following:
  2 19    a.  The provision of trained personnel and the use
  2 20 of appropriate vehicles for the safe transportation of
  2 21 respondents.
  2 22    b.  That the person's insurance carriers and other programs,
  2 23 both public and private, that provide payment for such
  2 24 transportation services are fully utilized to the maximum
  2 25 extent possible.
  2 26    5.  A mental health and disability services region shall
  2 27 implement a request for proposals process to enter into a
  2 28 contract with a private entity for the purpose of transporting
  2 29 a person pursuant to this section.
  2 30    6.  The departments of human services and public health,
  2 31 in consultation with affected stakeholders including but not
  2 32 limited to mental health and disability services regions, the
  2 33 Iowa state association of counties, the Iowa state sheriffs'
  2 34 and deputies' association, and other law enforcement agencies
  2 35 in this state, shall adopt rules as necessary in accordance
  3  1 with best practices for the implementation and administration
  3  2 of this section.
  3  3                           EXPLANATION
  3  4 The inclusion of this explanation does not constitute agreement with
  3  5 the explanation's substance by the members of the general assembly.
  3  6    This bill relates to the transportation of persons with a
  3  7 substance=related disorder or a mental illness.
  3  8    The bill directs a county or a mental health and disability
  3  9 services region as defined in Code section 225C.2, as
  3 10 appropriate, to contract with private entities to appropriately
  3 11 transport a person who is admitted, on a voluntary basis,
  3 12 to a facility or hospital under Code section 125.33
  3 13 (substance=related disorders) or 229.2 (mental illness) or who
  3 14 is the subject of an immediate involuntary custody order to
  3 15 the nearest available facility licensed to care for persons
  3 16 with substance abuse or mental illness or a public or private
  3 17 hospital. If the facility or hospital determines that a person
  3 18 is in need of commitment treatment at another facility or
  3 19 hospital, the private entity is required to make arrangements
  3 20 to appropriately transport the person to another facility
  3 21 or hospital. A county's or a mental health and disability
  3 22 services region's contract with a private entity is independent
  3 23 of the county's or region's role as a provider of mental health
  3 24 services. In contracting with a private entity, a county or
  3 25 a mental health and disability services region is required to
  3 26 include provisions relating to appropriately trained personnel
  3 27 and the use of appropriate vehicles for the safe transportation
  3 28 of respondents, and fully utilizing the respondents' insurance
  3 29 carriers and other programs, both public and private, that
  3 30 provide payment for such transportation services, to the
  3 31 maximum extent possible.
  3 32    A county or a mental health and disability services region
  3 33 is required to implement a request for proposals process to
  3 34 enter into a contract with a private entity for the purpose of
  3 35 transporting a person pursuant to the bill. The department of
  4  1 human services and the department of public health may adopt
  4  2 administrative rules to administer the bill's provisions.
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