Bill Text: IA SF440 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to interstate contracts for substance abuse and mental health care and treatment. (Formerly SSB 1200.) Effective 7-1-15.
Spectrum: Committee Bill
Status: (Passed) 2015-03-31 - Signed by Governor. S.J. 756. [SF440 Detail]
Download: Iowa-2015-SF440-Enrolled.html
Senate File 440 - Enrolled
SENATE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO SSB
1200)
(COMPANION TO LSB
2092HV BY COMMITTEE ON
HUMAN RESOURCES)
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A BILL FOR
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Senate File 440
AN ACT
RELATING TO INTERSTATE CONTRACTS FOR SUBSTANCE ABUSE AND MENTAL
HEALTH CARE AND TREATMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 331.910 Interstate contracts for
mental health and substance=related disorder treatment.
1. Purpose. The purpose of this section is to enable
appropriate care and treatment to be provided to a person
with a substance=related disorder or a mental illness, across
state lines from the person's state of residence, in qualified
hospitals, centers, and facilities.
2. Definitions. For the purposes of this section:
a. "Bordering state" means Illinois, Minnesota, Missouri,
Nebraska, South Dakota, or Wisconsin.
b. "Receiving agency" means a public or private hospital,
mental health center, substance abuse treatment and
rehabilitation facility, or detoxification center, which
provides substance abuse or mental health care and treatment to
a person from a state other than the state in which a hospital,
center, or facility is located.
c. "Receiving state" means the state in which a receiving
agency is located.
d. "Region" means a mental health and disability services
region formed in accordance with section 331.389 or a county
that has been exempted by the director of human services from
being required to be a part of a mental health and disability
services region in accordance with section 331.389.
e. "Sending agency" means a state or regional agency located
in a state which sends a person to a receiving state for
substance abuse or mental health care and treatment under this
section.
f. "Sending state" means the state in which a sending agency
is located.
3. Voluntary civil commitments.
a. A region may contract with a receiving agency in a
bordering state to secure substance abuse or mental health care
and treatment under this subsection for persons who receive
substance abuse or mental health care and treatment pursuant to
section 125.33 or 229.2 through a region.
b. This subsection shall not apply to a person who is any
of the following:
(1) Serving a criminal sentence.
(2) On probation or parole.
(3) The subject of a presentence investigation.
c. A region may contract with a sending agency in a
bordering state to provide care and treatment under this
subsection for residents of the bordering state in approved
substance abuse and mental health care and treatment hospitals,
centers, and facilities in this state, except that care and
treatment shall not be provided for residents of the bordering
state who are involved in criminal proceedings substantially
similar to the involvement described in paragraph "b".
4. Involuntary civil commitments.
a. A person who is detained, committed, or placed on an
involuntary basis under section 125.75 or 229.6 may be civilly
committed and treated in another state pursuant to a contract
under this section.
b. A person who is detained, committed, or placed on
an involuntary basis under the civil commitment laws of a
bordering state substantially similar to section 125.75 or
229.6 may be civilly committed and treated in this state
pursuant to a contract under this section.
c. A law enforcement officer acting under the authority of a
sending state may transport a person to a receiving agency that
provides substance abuse or mental health care and treatment
pursuant to a contract under this subsection and may transport
the person back to the sending state under the laws of the
sending state.
d. Court orders valid under the law of the sending state
are granted recognition and reciprocity in the receiving state
for a person covered by a contract under this subsection to the
extent that the court orders relate to civil commitment for
substance abuse or mental health care and treatment. Such care
and treatment may include care and treatment for co=occurring
substance=related and mental health disorders. Such court
orders are not subject to legal challenge in the courts of the
receiving state.
e. A person who is detained, committed, or placed under the
laws of a sending state and who is transferred to a receiving
state under this section shall be considered to be in the legal
custody of the authority responsible for the person under the
laws of the sending state with respect to the involuntary
civil commitment of the person due to a mental illness or a
substance=related disorder.
f. While in the receiving state pursuant to a contract
under this subsection, a person detained, committed, or
placed under the laws of a sending state shall be subject
to all laws and regulations of the receiving state, except
those laws and regulations with respect to the involuntary
civil commitment of the person due to a mental illness or
substance=related disorder. A person shall not be sent to a
receiving state pursuant to a contract under this section until
the receiving state has enacted a law recognizing the validity
and applicability of this subsection.
g. If a person receiving care and treatment pursuant to
a contract under this subsection escapes from the receiving
agency and the person at the time of the escape is subject to
involuntary civil commitment under the laws of the sending
state, the receiving agency shall use all reasonable means to
recapture the escapee. The receiving agency shall immediately
report the escape of the person to the sending agency. The
receiving state has the primary responsibility for, and the
authority to direct, the pursuit, retaking, and prosecution of
escaped persons within its borders and is liable for the cost
of such action to the extent that it would be liable for costs
if its own resident escaped.
h. Responsibility for payment for the cost of care and
treatment under this subsection shall remain with the sending
agency.
5. A contract entered into under this section shall, at a
minimum, meet all of the following requirements:
a. Describe the care and treatment to be provided.
b. Establish responsibility for the costs of the care and
treatment, except as otherwise provided in subsection 4.
c. Establish responsibility for the costs of transporting
individuals receiving care and treatment under this section.
d. Specify the duration of the contract.
e. Specify the means of terminating the contract.
f. Identify the goals to be accomplished by the placement
of a person under this section.
6. This section shall apply to all of the following:
a. Detoxification services that are unrelated to substance
abuse or mental health care and treatment regardless of
whether the care and treatment are provided on a voluntary or
involuntary basis.
b. Substance abuse and mental health care and treatment
contracts that include emergency care and treatment provided to
a resident of this state in a bordering state.
PAM JOCHUM
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 440, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2015
TERRY E. BRANSTAD
Governor
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