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House
File
124
-
Introduced
HOUSE
FILE
124
BY
A.
MEYER
A
BILL
FOR
An
Act
relating
to
discharge
of
involuntarily
committed
persons
1
from
a
facility
or
a
hospital.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2015YH
(3)
91
dg/ko
H.F.
124
Section
1.
Section
125.2,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
01.
“Administrative
services
organization”
3
means
the
same
as
defined
in
section
225A.1.
4
Sec.
2.
Section
125.85,
subsection
4,
Code
2025,
is
amended
5
by
striking
the
subsection.
6
Sec.
3.
Section
125.85,
Code
2025,
is
amended
by
adding
the
7
following
new
subsections:
8
NEW
SUBSECTION
.
6.
Prior
to
a
discharge
of
a
respondent
9
under
this
section,
the
facility
treating
the
respondent
shall
10
do
all
of
the
following:
11
a.
Refer
the
respondent
to
an
administrative
services
12
organization
for
evaluation,
case
management,
and
postdischarge
13
services.
14
b.
Assess
the
respondent
for
suicide
risk.
15
c.
Provide
the
respondent
with
a
thirty-day
supply
of
16
each
medication
prescribed
for
the
respondent
before
or
17
during
the
respondent’s
treatment,
including
psychiatric
and
18
nonpsychiatric
medications.
19
d.
Provide
the
respondent
or
the
respondent’s
legal
20
representative
with
a
discharge
report.
The
discharge
report
21
shall
include
all
of
the
following:
22
(1)
The
respondent’s
name
and
address.
23
(2)
The
dates,
times,
and
locations
of
all
postdischarge
24
appointments
scheduled
for
the
respondent.
25
(3)
A
list
of
each
medication
provided
to
the
respondent
26
under
paragraph
“c”
.
27
(4)
Contact
information
for
the
administrative
services
28
organization
to
which
the
respondent
was
referred
under
29
paragraph
“a”
.
30
(5)
A
written
patient-centered
aftercare
plan,
including
31
crisis
prevention
and
steps
to
address
the
respondent’s
ongoing
32
care
needs.
33
(6)
(a)
Educational
materials
for
the
respondent
and
34
individuals
who
are
willing
to
support
the
respondent
after
the
35
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respondent’s
discharge.
1
(b)
Educational
materials
shall
be
developed
by
the
2
department
for
distribution
to
facilities.
Educational
3
materials
shall
include
but
not
be
limited
to
all
of
the
4
following:
5
(i)
Descriptions
of
the
symptoms
of
a
substance
use
6
disorder.
7
(ii)
Warning
signs
of
decompensation.
8
(iii)
Information
regarding
the
availability
of
other
9
educational
services,
services
offered
in
the
respondent’s
10
community,
and
services
offered
statewide.
11
e.
Notify
all
of
the
following
persons:
12
(1)
The
administrative
services
organization
to
which
the
13
respondent
was
referred
under
paragraph
“a”
.
14
(2)
The
respondent’s
legal
guardian,
parent,
spouse,
15
attorney
in
fact
under
chapter
144B,
or
adult
siblings,
as
16
applicable.
17
NEW
SUBSECTION
.
7.
The
administrative
services
18
organization
to
which
a
respondent
was
referred
under
19
subsection
6,
paragraph
“a”
,
shall
do
all
of
the
following
in
20
relation
to
the
discharged
respondent:
21
a.
Coordinate
postdischarge
care,
including
but
not
22
limited
to
contacting
the
respondent
to
ensure
the
respondent
23
attends
scheduled
appointments
and
receives
necessary
care
and
24
services.
25
b.
Follow
up
with
the
respondent
in
a
timely
manner.
26
Follow-ups
shall
include
but
not
be
limited
to
home
visits,
27
telephone
calls,
and
other
means
of
contacting
the
respondent.
28
NEW
SUBSECTION
.
8.
a.
Each
administrative
services
29
organization
shall
make
a
quarterly
report
to
the
department,
30
and
the
report
shall
include
all
of
the
following:
31
(1)
The
number
of
respondents
discharged
and
referred
to
32
the
administrative
services
organization
during
the
reporting
33
period.
34
(2)
The
outcome
of
each
discharged
respondent.
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(3)
Any
issues
encountered
while
ensuring
each
respondent’s
1
postdischarge
continuity
of
care.
2
b.
A
report
under
this
section
shall
be
considered
a
3
confidential
record
under
section
22.7.
4
c.
A
report
under
this
section
shall
comply
with
the
federal
5
Health
Insurance
Portability
and
Accountability
Act
of
1996,
6
Pub.
L.
No.
104-191.
7
NEW
SUBSECTION
.
9.
Following
a
respondent’s
discharge
from
8
a
facility
or
from
treatment,
the
administrator
of
the
facility
9
shall
immediately
report
the
discharge
to
the
court
which
10
ordered
the
respondent’s
commitment
or
treatment.
The
court
11
shall
issue
an
order
confirming
the
respondent’s
discharge
12
and
terminating
the
proceedings
in
which
the
respondent’s
13
commitment
or
treatment
was
ordered.
Copies
of
the
order
14
confirming
the
discharge
and
terminating
the
proceedings
shall
15
be
sent
by
regular
mail
to
the
facility
and
the
respondent.
16
NEW
SUBSECTION
.
10.
The
department
shall
adopt
rules
17
pursuant
to
chapter
17A
to
implement
and
administer
this
18
section.
19
Sec.
4.
Section
229.1,
Code
2025,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
01.
“Administrative
services
organization”
22
means
the
same
as
defined
in
section
225A.1.
23
Sec.
5.
Section
229.16,
Code
2025,
is
amended
to
read
as
24
follows:
25
229.16
Discharge
and
termination
of
proceeding.
26
1.
When
the
condition
of
,
in
the
opinion
of
the
chief
27
medical
officer,
a
patient
who
is
hospitalized
pursuant
to
a
28
report
issued
whose
treatment
was
recommended
under
section
29
229.14,
subsection
1
,
paragraph
“b”
,
or
is
receiving
treatment
30
pursuant
to
a
report
issued
under
section
229.14,
subsection
31
1
,
paragraph
“c”
,
or
is
in
full-time
care
and
custody
pursuant
32
to
a
report
issued
under
section
229.14,
subsection
1
,
33
paragraph
“d”
,
is
such
that
in
the
opinion
of
the
chief
medical
34
officer
the
patient
no
longer
requires
treatment
or
care
for
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serious
mental
impairment,
the
chief
medical
officer
shall
1
tentatively
discharge
the
patient
and
immediately
report
that
2
fact
the
discharge
to
the
court
which
ordered
the
patient’s
3
hospitalization
or
care
and
custody
treatment
.
Upon
receiving
4
the
report,
the
court
shall
issue
an
order
confirming
the
5
patient’s
discharge
from
the
hospital
or
from
care
and
custody,
6
as
the
case
may
be,
and
shall
terminate
terminating
the
7
proceedings
pursuant
to
in
which
the
order
patient’s
treatment
8
was
issued
ordered
.
Copies
of
the
order
shall
be
sent
by
9
regular
mail
to
the
hospital,
the
patient,
and
the
applicant
if
10
the
applicant
has
filed
a
written
waiver
signed
by
the
patient.
11
2.
If
a
patient
is
receiving
inpatient
care,
prior
to
a
12
discharge
of
the
patient
under
subsection
1,
the
facility
or
13
hospital
treating
the
patient
shall
do
all
of
the
following:
14
a.
Refer
the
patient
to
an
administrative
services
15
organization
for
evaluation,
case
management,
and
postdischarge
16
services.
17
b.
Assess
the
patient
for
suicide
risk.
18
c.
Provide
the
patient
with
a
thirty-day
supply
of
each
19
medication
prescribed
for
the
patient
before
or
during
the
20
patient’s
treatment,
including
psychiatric
and
nonpsychiatric
21
medications.
22
d.
Provide
the
patient
or
the
patient’s
legal
representative
23
with
a
discharge
report.
The
discharge
report
shall
include
24
all
of
the
following:
25
(1)
The
patient’s
name
and
address.
26
(2)
The
dates,
times,
and
locations
of
all
postdischarge
27
appointments
scheduled
for
the
patient.
28
(3)
A
list
of
each
medication
provided
to
the
patient
under
29
paragraph
“c”
.
30
(4)
Contact
information
for
the
administrative
services
31
organization
to
which
the
patient
was
referred
under
paragraph
32
“a”
.
33
(5)
A
written
patient-centered
aftercare
plan,
including
34
crisis
prevention
and
steps
to
address
the
patient’s
ongoing
35
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care
needs.
1
(6)
(a)
Educational
materials
for
the
patient
and
2
individuals
who
are
willing
to
support
the
patient
after
the
3
patient’s
discharge.
4
(b)
Educational
materials
shall
be
developed
by
the
5
department
for
distribution
to
facilities
and
hospitals
6
treating
persons
with
a
mental
illness.
Educational
materials
7
shall
include
but
not
be
limited
to
all
of
the
following:
8
(i)
Descriptions
of
the
symptoms
of
mental
illness.
9
(ii)
Warning
signs
of
decompensation.
10
(iii)
Information
regarding
the
availability
of
other
11
educational
services,
services
offered
in
the
patient’s
12
community,
and
services
offered
statewide.
13
e.
Notify
all
of
the
following
persons:
14
(1)
The
administrative
services
organization
to
which
the
15
patient
was
referred
under
paragraph
“a”
.
16
(2)
The
patient’s
legal
guardian,
parent,
spouse,
attorney
17
in
fact
under
chapter
144B,
or
adult
siblings,
as
applicable.
18
3.
The
administrative
services
organization
to
which
a
19
patient
was
referred
under
subsection
2,
paragraph
“a”
,
shall
do
20
all
of
the
following
in
relation
to
the
discharged
patient:
21
a.
Coordinate
postdischarge
care,
including
but
not
22
limited
to
contacting
the
patient
to
ensure
the
patient
23
attends
scheduled
appointments
and
receives
necessary
care
and
24
services.
25
b.
Follow
up
with
the
patient
in
a
timely
manner.
26
Follow-ups
shall
include
but
not
be
limited
to
home
visits,
27
telephone
calls,
and
other
means
of
contacting
the
patient.
28
4.
a.
Each
administrative
services
organization
shall
make
29
a
quarterly
report
to
the
department,
and
the
report
shall
30
include
all
of
the
following:
31
(1)
The
number
of
patients
discharged
and
referred
to
the
32
administrative
services
organization
during
the
reporting
33
period.
34
(2)
The
outcomes
of
each
discharged
patient.
35
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(3)
Any
issue
encountered
while
ensuring
each
patient’s
1
postdischarge
continuity
of
care.
2
b.
A
report
under
this
section
shall
be
considered
a
3
confidential
record
under
section
22.7.
4
c.
A
report
under
this
section
shall
comply
with
the
federal
5
Health
Insurance
Portability
and
Accountability
Act
of
1996,
6
Pub.
L.
No.
104-191.
7
5.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
8
to
implement
this
section.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
discharge
of
involuntarily
committed
13
persons
from
a
facility
or
a
hospital
(facility).
14
The
bill
requires,
prior
to
the
discharge
of
a
person
that
15
was
committed
for
a
substance
use
disorder
or
hospitalized
16
for
inpatient
care
for
a
serious
mental
impairment,
that
17
the
facility
treating
the
person
refer
the
person
to
an
18
administrative
services
organization
(ASO)
for
evaluation,
19
case
management,
and
postdischarge
services;
assess
the
person
20
for
suicide
risk;
provide
the
person
with
a
30-day
supply
of
21
all
medications
prescribed
for
the
person
before
or
during
the
22
person’s
treatment;
provide
the
person
or
the
person’s
legal
23
representative
with
a
discharge
report;
and
notify
certain
24
persons
listed
in
the
bill.
The
bill
details
the
information
25
that
must
be
included
in
the
discharge
report.
The
bill
26
requires
the
department
of
health
and
human
services
(HHS)
to
27
develop
educational
materials
for
distribution
to
facilities
28
for
a
facility
to
provide
with
the
person’s
discharge
report.
29
The
bill
details
the
contents
of
the
educational
materials.
30
The
bill
requires
the
ASO
to
which
the
person
was
referred
31
to
coordinate
the
discharged
person’s
postdischarge
care
32
by
contacting
the
discharged
person
to
ensure
the
person
33
attends
scheduled
appointments
and
receives
necessary
care
and
34
services,
and
following
up
with
the
discharged
person
in
a
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timely
manner.
1
The
bill
requires
ASOs
to
make
quarterly
reports
to
HHS.
The
2
bill
details
the
information
that
must
be
included
in
an
ASO’s
3
quarterly
report.
An
ASO’s
quarterly
report
is
considered
a
4
confidential
record
and
must
comply
with
the
federal
Health
5
Insurance
Portability
and
Accountability
Act
of
1996.
6
The
bill
requires
HHS
to
adopt
rules
to
implement
and
7
administer
the
bill.
8
The
bill
makes
conforming
changes
to
Code
sections
9
125.2
(substance
use
disorders
——
definitions)
and
229.1
10
(hospitalization
of
persons
with
mental
illness
——
definitions)
11
by
adding
a
definition
for
“administrative
services
12
organization”.
13
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