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Senate
File
2338
-
Introduced
SENATE
FILE
2338
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
SSB
3082)
A
BILL
FOR
An
Act
relating
to
alignment
of
delivery
of
health
and
human
1
services
programs
and
services,
aging
and
disability
2
services,
and
volunteer
services,
and
including
3
applicability
and
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
HEALTH
AND
HUMAN
SERVICES
DISTRICTS
2
Section
1.
Section
12.51,
subsection
1,
Code
2026,
is
3
amended
to
read
as
follows:
4
1.
As
used
in
this
section
unless
the
context
otherwise
5
requires:
6
a.
“Administrative
services
organization”
means
the
same
as
7
defined
in
section
225A.1
.
8
b.
“Behavioral
health
district”
means
the
same
as
defined
9
in
section
225A.1
.
10
c.
“Behavioral
health
district
advisory
council”
means
the
11
same
as
defined
in
section
225A.1.
12
c.
d.
“Department”
means
the
department
of
health
and
human
13
services.
14
d.
“District
behavioral
health
advisory
council”
means
the
15
same
as
defined
in
section
225A.1
.
16
Sec.
2.
Section
12.51,
subsection
2,
paragraph
b,
17
subparagraph
(3),
subparagraph
division
(d),
subparagraph
18
subdivision
(ii),
Code
2026,
is
amended
to
read
as
follows:
19
(ii)
Input
from
each
district
behavioral
health
district
20
advisory
council
regarding
disbursements
from
the
fund,
21
intended
outcomes,
and
recommendations
for
future
disbursements
22
from
the
fund.
23
Sec.
3.
Section
217.1,
Code
2026,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
4.
“Health
and
human
services
district”
or
26
“HHS
district”
means
a
geographic,
multicounty
area
designated
27
by
the
department
under
section
217.1B
for
statewide
program
28
and
service
delivery.
29
Sec.
4.
NEW
SECTION
.
217.1B
Health
and
human
services
30
districts.
31
1.
The
department
shall
divide
the
entirety
of
the
state
32
into
designated
health
and
human
services
districts.
The
33
initial
HHS
districts
shall
be
the
same
as
the
behavioral
34
health
districts
designated
pursuant
to
section
225A.4,
Code
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2026,
and
that
exist
on
the
effective
date
of
this
division
1
of
this
Act.
The
department
shall
review
the
designated
HHS
2
districts
at
least
once
every
seven
consecutive
fiscal
years.
3
2.
a.
The
department
may
modify
a
designated
HHS
district.
4
When
modifying
a
designated
HHS
district,
the
department
shall
5
consider
all
of
the
following:
6
(1)
City
and
county
boundaries.
7
(2)
The
population
size
that
can
be
effectively
served
in
a
8
specific
area.
9
(3)
Areas
of
high
need
for
services.
10
(4)
Patterns
various
populations
exhibit
when
accessing
or
11
receiving
services.
12
b.
Notwithstanding
chapter
17A,
the
manner
in
which
13
the
modification
of
an
HHS
district
is
made,
including
the
14
determination
of
boundaries
for
a
modified
HHS
district,
shall
15
not
be
subject
to
judicial
review.
16
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
17
to
administer
this
section.
18
Sec.
5.
Section
225A.1,
Code
2026,
is
amended
to
read
as
19
follows:
20
225A.1
Definitions.
21
As
used
in
this
chapter
unless
the
context
otherwise
22
requires:
23
1.
“Administrative
services
organization”
means
an
entity
24
designated
by
the
department
pursuant
to
section
225A.4
,
to
25
develop
and
perform
planning
and
administrative
services
in
26
accordance
with
a
district
behavioral
health
service
system
27
district
plan.
28
2.
“Behavioral
health
condition”
means
a
substantial
29
limitation
in
major
life
activities
due
to
a
mental,
30
behavioral,
or
addictive
disorder
or
condition
diagnosed
in
31
accordance
with
the
criteria
provided
in
the
most
current
32
edition
of
the
diagnostic
and
statistical
manual
of
mental
33
disorders,
published
by
the
American
psychiatric
association.
34
3.
“Behavioral
health
district”
or
“district”
means
a
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geographic,
multicounty,
sub-state
area
as
designated
by
the
1
department
under
section
225A.4
health
and
human
services
2
district
utilized
for
the
purpose
of
administering
the
3
behavioral
health
service
system
.
4
4.
“Behavioral
health
district
advisory
council”
means
an
5
advisory
council
established
pursuant
to
section
225A.5.
6
4.
5.
“Behavioral
health
provider”
or
“provider”
means
an
7
individual,
firm,
corporation,
association,
or
institution
8
that,
pursuant
to
this
chapter
,
is
providing
or
has
been
9
approved
by
the
department
to
provide
services
to
an
individual
10
with
a
behavioral
health
condition.
11
5.
6.
“Behavioral
health
service
system”
means
the
12
behavioral
health
service
system
established
in
section
225A.3
.
13
7.
“Behavioral
health
service
system
district
plan”
or
14
“behavioral
health
district
plan”
means
a
plan
developed
by
15
an
administrative
services
organization
and
approved
by
the
16
department
that
outlines
the
services
intended
to
be
provided
17
within
the
administrative
services
organization’s
behavioral
18
health
district.
19
8.
“Behavioral
health
service
system
state
plan”
means
20
the
plan
developed
by
the
department
that
describes
the
key
21
components
of
the
behavioral
health
service
system.
22
6.
9.
“Caregiver”
means
an
adult
family
member,
or
other
23
individual,
who
is
providing
care
to
a
person
outside
of
a
24
formal
program.
25
7.
10.
“Community
mental
health
center”
means
an
entity
26
designated
by
the
department
to
address
the
mental
health
needs
27
of
one
or
more
counties.
28
8.
11.
“Department”
means
the
department
of
health
and
29
human
services.
30
9.
12.
“Director”
means
the
director
of
the
department
of
31
health
and
human
services.
32
10.
“District
behavioral
health
advisory
council”
33
or
“advisory
council”
means
a
council
established
by
an
34
administrative
services
organization
under
section
225A.5
,
to
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identify
opportunities,
address
challenges,
and
advise
the
1
administrative
services
organization
in
accordance
with
section
2
225A.5
.
3
11.
“District
behavioral
health
service
system
plan”
or
4
“district
behavioral
health
plan”
means
a
plan
developed
by
5
an
administrative
services
organization
and
approved
by
the
6
department
to
outline
the
services
intended
to
be
provided
7
within
the
administrative
services
organization’s
behavioral
8
health
district.
9
13.
“Health
and
human
services
district”
or
“HHS
district”
10
means
the
same
as
defined
in
section
217.1.
11
12.
14.
“Indicated
prevention”
means
prevention
activities
12
designed
to
prevent
the
onset
of
substance
use
disorders
in
13
individuals
who
do
not
meet
the
medical
criteria
for
addiction,
14
but
who
show
early
signs
of
developing
a
substance
use
disorder
15
in
the
future.
16
13.
15.
“Selective
prevention”
means
prevention
activities
17
designed
to
target
subsets
of
the
total
population
who
are
18
considered
at-risk
for
a
substance
use
disorder
by
virtue
of
19
their
membership
in
a
particular
segment
of
the
population.
20
Selective
prevention
targets
the
entire
subgroup,
regardless
of
21
the
degree
of
risk
of
any
individual
within
the
group.
22
14.
“State
behavioral
health
service
system
plan”
or
23
“state
behavioral
health
plan”
means
the
plan
developed
by
the
24
department
that
describes
the
key
components
of
the
state’s
25
behavioral
health
service
system.
26
15.
16.
“Universal
prevention”
means
prevention
activities
27
designed
to
address
an
entire
population
class
for
the
purpose
28
of
preventing
or
delaying
the
use
of
alcohol,
tobacco,
and
29
other
drugs.
Population
classes
include
but
are
not
limited
30
to
the
national
population,
local
populations,
community
31
populations,
school
populations,
and
neighborhood
populations.
32
Sec.
6.
Section
225A.2,
subsection
3,
paragraph
c,
Code
33
2026,
is
amended
to
read
as
follows:
34
c.
Review
and
approve
district
behavioral
health
service
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system
district
plans
developed
in
accordance
with
the
state
1
behavioral
health
service
system
state
plan.
2
Sec.
7.
Section
225A.3,
subsection
2,
paragraph
a,
3
subparagraph
(1),
unnumbered
paragraph
1,
Code
2026,
is
amended
4
to
read
as
follows:
5
Develop
a
state
behavioral
health
service
system
state
plan
6
that
accomplishes
all
of
the
following:
7
Sec.
8.
Section
225A.3,
subsection
2,
paragraph
a,
8
subparagraph
(1),
subparagraph
division
(d),
Code
2026,
is
9
amended
to
read
as
follows:
10
(d)
Is
consistent
with
the
department’s
agency
strategic
11
plan
adopted
pursuant
to
section
8E.206
8E.204
.
12
Sec.
9.
Section
225A.3,
subsection
2,
paragraph
a,
13
subparagraph
(2),
unnumbered
paragraph
1,
Code
2026,
is
amended
14
to
read
as
follows:
15
The
department
shall
do
all
of
the
following
when
developing
16
the
state
behavioral
health
service
system
state
plan:
17
Sec.
10.
Section
225A.3,
subsection
2,
paragraph
a,
18
subparagraph
(2),
subparagraph
division
(b),
Code
2026,
is
19
amended
to
read
as
follows:
20
(b)
Publish
the
proposed
state
behavioral
health
service
21
system
state
plan
on
the
department’s
internet
site
and
22
allow
the
public
to
review
and
comment
on
the
proposed
state
23
behavioral
health
service
system
state
plan
prior
to
the
24
adoption
of
the
proposed
state
behavioral
health
service
system
25
state
plan.
26
Sec.
11.
Section
225A.3,
subsection
2,
paragraph
c,
Code
27
2026,
is
amended
to
read
as
follows:
28
c.
Oversee,
provide
technical
assistance
to,
and
29
monitor
administrative
services
organizations
to
ensure
the
30
administrative
services
organizations’
compliance
with
district
31
behavioral
health
district
plans.
32
Sec.
12.
Section
225A.3,
subsection
2,
paragraph
k,
33
subparagraph
(9),
Code
2026,
is
amended
to
read
as
follows:
34
(9)
Any
other
requirements
the
department
deems
necessary
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to
ensure
that
an
administrative
services
organization
1
fulfills
the
administrative
services
organization’s
duties
2
as
established
in
this
chapter
,
and
as
established
in
the
3
administrative
services
organization’s
district
behavioral
4
health
district
plan.
5
Sec.
13.
Section
225A.4,
subsection
1,
Code
2026,
is
amended
6
to
read
as
follows:
7
1.
a.
The
department
shall
divide
the
entirety
of
the
8
state
into
designated
behavioral
health
districts.
Behavioral
9
make
available
behavioral
health
prevention,
education,
early
10
intervention,
treatment,
recovery
support,
and
crisis
services
11
related
to
mental
health
and
addictive
disorders,
including
12
but
not
limited
to
alcohol
use,
substance
use,
tobacco
use,
13
and
problem
gambling
,
shall
be
made
available
through
in
a
14
consistent
manner
in
each
behavioral
health
district
in
a
15
manner
consistent
with
directives
each
district
receives
from
16
the
department
.
17
b.
For
the
purpose
of
providing
equitable
access
to
all
18
services
provided
through
the
behavioral
health
service
19
system,
the
department
shall
consider
all
of
the
following
when
20
designating
behavioral
health
districts:
21
(1)
City
and
county
lines.
22
(2)
The
maximum
population
size
that
behavioral
health
23
services
available
in
an
area
are
able
to
effectively
serve.
24
(3)
Areas
of
high
need
for
behavioral
health
services.
25
(4)
Patterns
various
populations
exhibit
when
accessing
or
26
receiving
behavioral
health
services.
27
c.
Notwithstanding
chapter
17A
,
the
manner
in
which
the
28
department
designates
behavioral
health
districts
including
but
29
not
limited
to
the
determination
of
the
boundaries
for
each
30
district
shall
not
be
subject
to
judicial
review.
31
Sec.
14.
Section
225A.4,
subsection
2,
paragraph
a,
Code
32
2026,
is
amended
to
read
as
follows:
33
a.
The
department
shall
designate
an
administrative
services
34
organization
for
each
behavioral
health
district
to
oversee
and
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organize
each
behavioral
health
district
and
the
behavioral
1
health
services
associated
with
the
behavioral
health
district.
2
The
department
shall
may
issue
requests
for
proposals
for
3
administrative
services
organization
candidates.
4
Sec.
15.
Section
225A.4,
subsection
2,
paragraph
b,
5
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
6
(2)
A
public
or
private
nonprofit
agency
located
in
a
7
the
behavioral
health
district
for
which
the
agency
is
being
8
designated
an
administrative
services
organization
,
or
any
9
separate
organizational
unit
within
the
that
public
or
private
10
nonprofit
agency,
that
has
the
capabilities
to
engage
in
the
11
planning
or
provision
of
a
broad
range
of
behavioral
health
12
prevention,
education,
early
intervention,
treatment,
recovery
13
support,
and
crisis
services
related
to
mental
health
and
14
addictive
disorders,
including
but
not
limited
to
alcohol
use,
15
substance
use,
tobacco
use,
and
problem
gambling,
only
as
16
directed
by
the
department.
17
Sec.
16.
Section
225A.4,
subsection
2,
paragraph
c,
18
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
19
(2)
Whether
the
entity
has
demonstrated
the
ability
to
20
ensure
the
delivery
of
behavioral
health
services
within
the
21
behavioral
health
district
as
required
by
the
department
by
22
rule.
23
Sec.
17.
Section
225A.4,
subsection
5,
Code
2026,
is
amended
24
to
read
as
follows:
25
5.
Each
administrative
services
organization
shall
perform
26
all
of
the
following
duties:
27
a.
Develop
and
administer
a
district
behavioral
health
28
district
plan
in
accordance
with
the
standards
adopted
by
the
29
department
by
rule.
30
b.
Coordinate
the
administration
of
the
district
behavioral
31
health
district
plan
with
federal,
state,
and
local
resources
32
in
order
to
develop
a
comprehensive
and
coordinated
local
33
behavioral
health
service
system.
34
c.
Enter
into
contracts
necessary
to
provide
services
under
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the
district
behavioral
health
district
plan.
1
d.
Oversee,
provide
technical
assistance
to,
and
monitor
2
the
compliance
of
providers
contracted
by
the
administrative
3
services
organization
to
provide
behavioral
health
services
in
4
accordance
with
the
district
behavioral
health
district
plan.
5
e.
Establish
a
district
behavioral
health
district
advisory
6
council
pursuant
to
section
225A.5
.
7
Sec.
18.
Section
225A.5,
Code
2026,
is
amended
to
read
as
8
follows:
9
225A.5
District
behavioral
Behavioral
health
district
10
advisory
councils.
11
1.
Each
administrative
services
organization
shall
12
establish
a
district
behavioral
health
district
advisory
13
council
that
shall
do
all
of
the
following:
14
a.
Identify
opportunities
and
address
challenges
based
on
15
updates
received
from
the
administrative
services
organization
16
regarding
the
implementation
of
the
district
behavioral
health
17
district
plan.
18
b.
Advise
the
administrative
services
organization
while
the
19
administrative
services
organization
is
developing
behavioral
20
health
policies.
21
c.
Advise
the
administrative
services
organization
on
how
to
22
best
provide
access
to
behavioral
health
prevention,
education,
23
early
intervention,
treatment,
recovery
support,
and
crisis
24
services
related
to
mental
health
and
addictive
disorders,
25
including
but
not
limited
to
alcohol
use,
substance
use,
26
tobacco
use,
and
problem
gambling,
throughout
the
behavioral
27
health
district
as
directed
by
the
department.
28
2.
An
A
behavioral
health
district
advisory
council
shall
29
consist
of
ten
members.
Members
shall
be
appointed
by
the
30
administrative
services
organization
subject
to
the
following
31
requirements:
32
a.
Three
members
shall
be
local
elected
public
officials
33
currently
holding
office
within
the
behavioral
health
district,
34
or
the
public
official’s
designated
representative.
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b.
Three
members
shall
be
chosen
in
accordance
with
1
procedures
established
by
the
administrative
services
2
organization
to
ensure
representation
of
the
populations
3
served
within
the
behavioral
health
district.
At
least
one
4
member
chosen
under
this
paragraph
shall
represent
child
and
5
adolescent
persons.
6
c.
Three
members
shall
be
chosen
who
have
experience
7
or
education
related
to
core
behavioral
health
functions,
8
essential
behavioral
health
services,
behavioral
health
9
prevention,
behavioral
health
treatment,
population-based
10
behavioral
health
services,
or
community-based
behavioral
11
health
initiatives.
12
d.
One
member
shall
be
a
law
enforcement
representative
from
13
within
the
behavioral
health
district.
14
3.
An
A
behavioral
health
district
advisory
council
shall
15
perform
the
duties
required
under
this
section
regardless
of
16
whether
any
seat
on
the
behavioral
health
district
advisory
17
council
is
vacant.
18
Sec.
19.
Section
225A.6,
subsection
4,
Code
2026,
is
amended
19
to
read
as
follows:
20
4.
Administrative
services
organizations
shall
report
21
to
the
department,
in
a
manner
specified
by
the
department,
22
information
including
but
not
limited
to
demographic
23
information,
expenditure
data,
and
data
concerning
the
24
behavioral
health
services
and
other
support
provided
to
25
individuals
in
the
administrative
service
organization’s
26
behavioral
health
district.
27
Sec.
20.
Section
225A.7,
subsection
2,
paragraph
a,
Code
28
2026,
is
amended
to
read
as
follows:
29
a.
Distributions
to
administrative
services
organizations
30
to
provide
services
as
outlined
in
the
organizations’
district
31
behavioral
health
district
plan.
32
Sec.
21.
Section
225A.8,
subsection
2,
unnumbered
paragraph
33
1,
Code
2026,
is
amended
to
read
as
follows:
34
To
promote
comprehensive
tobacco
use
prevention
and
control
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initiatives
outlined
in
the
state
behavioral
health
service
1
system
state
plan,
an
entity
shall
not
perform
any
of
the
2
following
acts:
3
Sec.
22.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
4
deemed
of
immediate
importance,
takes
effect
upon
enactment.
5
DIVISION
II
6
AGING
AND
DISABILITY
SERVICES
7
Sec.
23.
Section
231.4,
subsection
1,
Code
2026,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
0k.
“Health
and
human
services
district”
10
means
the
same
as
defined
in
section
217.1.
11
Sec.
24.
Section
231.23,
subsection
5,
Code
2026,
is
amended
12
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
13
following:
14
5.
Divide
the
state
into
distinct
planning
and
service
areas
15
in
accordance
with
the
federal
Act
and
utilizing
the
health
and
16
human
services
districts.
17
Sec.
25.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
18
TRANSITION
OF
AGING
SERVICES
TO
HEALTH
AND
HUMAN
SERVICES
19
DISTRICTS.
20
1.
For
purposes
of
this
section,
unless
the
context
21
otherwise
requires:
22
a.
“Department”
means
the
department
of
health
and
human
23
services.
24
b.
“Federal
Act”
means
the
same
as
defined
in
section
231.4.
25
c.
“Health
and
human
services
district”
means
the
same
as
26
defined
in
section
217.1,
as
amended
in
division
I
of
this
Act.
27
d.
“Planning
and
service
area”
means
the
same
as
defined
in
28
the
federal
Act.
29
e.
“Transition
period”
means
the
period
beginning
on
the
30
date
of
enactment
of
this
division
of
this
Act
and
concluding
31
on
the
date
final
approval
is
received
by
the
department
from
32
the
administration
for
community
living
of
the
United
States
33
department
of
health
and
human
services
of
the
proposed
change
34
to
planning
and
service
areas.
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2.
The
department
shall
ensure
that
aging
services
under
1
chapter
231
are
implemented
and
administered
as
required
under
2
the
federal
Act
during
the
transition
period.
3
3.
The
department
shall
ensure
that
the
time
between
4
de-designating
and
re-designating
the
planning
and
service
5
area,
in
accordance
with
the
federal
Act,
is
the
shortest
6
possible
time
with
the
least
disruption
to
services
during
the
7
transition
period.
8
Sec.
26.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
9
deemed
of
immediate
importance,
takes
effect
upon
enactment.
10
Sec.
27.
CONTINGENT
APPLICABILITY.
Section
231.23,
11
subsection
5,
as
amended
by
this
division
of
this
Act,
shall
12
apply
upon
the
department
of
health
and
human
services’
13
receipt,
from
the
administration
for
community
living
of
14
the
United
States
department
of
health
and
human
services,
15
of
approval
of
the
planning
and
service
areas
under
section
16
231.23,
subsection
5,
as
amended
by
this
division
of
this
Act.
17
DIVISION
III
18
VOLUNTEER
SERVICES
19
Sec.
28.
Section
15H.2,
subsection
1,
Code
2026,
is
amended
20
to
read
as
follows:
21
1.
The
Iowa
commission
on
volunteer
service
is
created
22
within
the
department.
The
governor
shall
appoint
the
23
commission’s
members.
The
director
may
employ
personnel
as
24
necessary
to
carry
out
the
duties
and
responsibilities
of
the
25
commission.
26
Sec.
29.
Section
15H.4,
Code
2026,
is
amended
to
read
as
27
follows:
28
15H.4
Administration
——
funding.
29
1.
a.
The
department
shall
serve
as
the
lead
agency
for
30
administration
of
the
commission.
31
b.
The
department
may
consult
with
the
department
of
32
education,
the
state
board
of
regents,
and
the
department
of
33
workforce
development
for
any
additional
administrative
support
34
as
necessary
to
fulfill
the
duties
of
the
commission.
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c.
All
other
state
agencies,
at
the
request
of
the
1
department,
shall
provide
assistance
to
the
commission
to
2
ensure
a
fully
coordinated
state
effort
for
promoting
national
3
and
community
service.
4
d.
The
commission
may
delegate
the
administration
of
5
nonpolicymaking
duties,
in
compliance
with
42
U.S.C.
§12638,
6
to
the
executive
director
and
the
personnel
of
the
department
7
subunit
for
volunteerism
created
in
section
217.13.
8
2.
The
commission
may
accept
funds
and
in-kind
services
from
9
other
state,
federal,
and
private
entities.
10
Sec.
30.
Section
217.13,
Code
2026,
is
amended
by
striking
11
the
section
and
inserting
in
lieu
thereof
the
following:
12
217.13
Department
subunit
for
volunteerism
——
volunteer
13
liability.
14
1.
A
subunit
for
volunteerism
is
created
within
the
15
department
under
the
department’s
administrative
authority
to
16
establish
volunteer
programs
designed
to
enhance
the
services
17
provided
by
the
department
and
to
provide
administrative
18
support
for
the
nonpolicymaking
duties
of
the
Iowa
commission
19
on
volunteer
service
as
delegated
pursuant
to
section
15H.4.
20
2.
a.
The
director
shall
appoint
an
executive
director
21
to
oversee
the
administration
of
the
department
subunit
for
22
volunteerism
and
to
carry
out
the
nonpolicymaking
duties
of
the
23
Iowa
commission
on
volunteer
service
as
delegated
pursuant
to
24
section
15H.4.
25
b.
The
department
may
employ
personnel
for
the
subunit
26
for
volunteerism
as
necessary
to
carry
out
the
duties
of
the
27
subunit
for
volunteerism
and
the
nonpolicymaking
duties
of
the
28
Iowa
commission
on
volunteer
service
as
delegated
pursuant
to
29
section
15H.4.
30
3.
All
volunteers
registered
with
programs
administered
31
under
this
section
and
in
compliance
with
rules
adopted
by
32
the
department
pursuant
to
chapter
17A
shall
be
considered
33
employees
of
the
state
for
purposes
of
chapter
669.
However,
34
this
section
does
not
exempt
a
volunteer
guardian
from
an
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action
brought
under
section
658.1A,
or
a
volunteer
guardian
1
or
volunteer
conservator
from
an
action
brought
under
section
2
658.3.
This
section
shall
not
be
construed
to
relieve
a
3
volunteer
guardian
or
conservator
from
duties
under
chapter
4
633.
5
4.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
6
to
administer
this
section.
7
Sec.
31.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
8
deemed
of
immediate
importance,
takes
effect
upon
enactment.
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
activities,
programs,
and
services
13
under
the
purview
of
the
department
of
health
and
human
14
services
(HHS).
15
DIVISION
I
——
HEALTH
AND
HUMAN
SERVICES
DISTRICTS.
The
bill
16
directs
HHS
to
divide
the
state
into
health
and
human
services
17
districts
(districts),
as
defined
in
the
bill,
to
be
used
by
18
HHS
in
the
delivery
of
programs
and
services.
The
initial
19
districts
shall
be
the
same
as
the
behavioral
health
districts
20
designated
in
Code
section
225A.4,
Code
2026,
as
the
behavioral
21
health
districts
exist
on
the
effective
date
of
this
division
22
of
the
bill.
The
bill
provides
factors
HHS
must
consider
when
23
modifying
the
districts.
The
manner
in
which
HHS
modifies
a
24
district
is
not
subject
to
judicial
review.
25
The
bill
changes
Code
chapter
225A
(HHS
——
behavioral
health
26
service
system)
so
that
behavioral
health
services
are
provided
27
through
the
health
and
human
services
districts
instead
of
28
behavioral
health
districts.
29
The
bill
makes
conforming
changes
to
Code
section
12.51.
30
This
division
of
the
bill
takes
effect
upon
enactment.
31
DIVISION
II
——
AGING
AND
DISABILITY
SERVICES.
Under
current
32
law,
HHS
is
required
to
divide
the
state
into
distinct
planning
33
and
service
areas
(service
areas)
in
accordance
with
federal
34
law
and
utilizing
districts.
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The
bill
requires
HHS
to
ensure
that
aging
services
are
1
implemented
and
administered
as
required
under
federal
law
2
during
a
transition
period
as
that
term
is
defined
in
the
3
bill.
HHS
must
ensure
that
the
transition
period
is
as
short
4
as
possible
with
the
least
amount
of
disruption
to
services
as
5
possible.
6
This
division
of
the
bill
takes
effect
upon
enactment
7
and
applies
upon
HHS’s
receipt,
from
the
administration
for
8
community
living
of
the
United
States
department
of
health
and
9
human
services,
of
approval
of
the
planning
and
service
areas
10
as
amended
in
the
bill.
11
DIVISION
III
——
VOLUNTEER
SERVICES.
The
bill
creates
a
12
subunit
for
volunteerism
(subunit)
within
HHS.
The
subunit
13
shall
establish
volunteer
programs
designed
to
enhance
the
14
services
provided
by
HHS
and
provide
administrative
support
15
for
the
nonpolicymaking
duties
of
the
Iowa
commission
on
16
volunteer
service
(commission).
The
director
of
HHS
shall
17
appoint
an
executive
director
to
oversee
the
administration
of
18
the
subunit
and
to
carry
out
nonpolicymaking
duties
delegated
19
to
the
subunit
by
the
commission.
HHS
may
employ
personnel
20
for
the
subunit
to
carry
out
the
duties
of
the
subunit
and
the
21
duties
delegated
to
the
executive
director
and
personnel
of
22
the
subunit
by
the
commission.
All
volunteers
registered
with
23
programs
administered
by
the
subunit
are
considered
employees
24
of
the
state;
however,
this
does
not
exempt
a
volunteer
25
conservator
or
guardian
from
the
conservator’s
or
guardian’s
26
duties
and
does
not
limit
the
conservator’s
or
guardian’s
27
civil
liability
for
performing
the
conservator’s
or
guardian’s
28
duties.
The
bill
requires
HHS
to
adopt
rules
to
administer
29
this
division
of
the
bill.
30
This
division
of
the
bill
takes
effect
upon
enactment.
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