Title VI, HUMAN SERVICES (Ch. 216 - 255A)

The director of the department of health and human services shall designate a compact administrator. The compact administrator may cooperate with all departments, agencies, and officers of this state and its subdivisions in facilitating the proper administration of the compact an…

The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of a…

The compact administrator may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into under the compact. [C66, 71, 73, 75, 77, 79, 81, §218A.4 ] 83 Acts, ch 96, §157, 1…

The compact administrator is hereby directed to consult with the immediate family of our proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the distr…

Duly authorized copies of this chapter shall, upon its approval be transmitted by the secretary of state to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments. [C66, 71, 73, 75, 77,…

1. This chapter addresses the public and private services available in this state to meet the needs of persons with an intellectual disability. 2. The Glenwood state resource center and the Woodward state resource center are established and shall be maintained as the state’s regi…

When any person with an intellectual disability departs without proper authority from a facility in another state and is found in this state, any peace officer in any county in which such patient is found may take and detain the patient without warrant or order and shall report s…

All actual and necessary expenses incurred in the taking into protective custody, restraint, and transportation of such patients to the resource centers shall be paid on itemized vouchers, sworn to by the claimants, and approved by the superintendent and the director from any mon…

1. Upon the death of a patient of a resource center, a preliminary investigation of the death shall be conducted as required by section 218.64 by the county medical examiner as provided in section 331.802 . Such a preliminary investigation shall also be conducted in the event of …

1. If an adult person is believed to be a person with an intellectual disability, the adult person or the adult person’s guardian may apply to the department and the superintendent of any state resource center for the voluntary admission of the adult person either as an inpatient…

1. If a minor is believed to be a person with an intellectual disability, the minor’s parent, guardian, or custodian may apply to the department for admission of the minor as a voluntary patient in a state resource center. If the resource center does not have appropriate services…

If the institution is unable to receive a patient, the superintendent shall notify an administrative services organization. Until such time as the patient is able to be received by the institution, or when application has been made for admission to a public or private facility as…

This section applies to any person who was voluntarily admitted to a state resource center or other facility in accordance with the provisions of section 222.13 or 222.13A . Except as otherwise provided by this section , if the person or the person’s parent, guardian, or custodia…

When used in this chapter , unless the context otherwise requires: 1. “Administrative services organization” means the same as defined in section 225A.1 . 2. “Auditor” means the county auditor or the auditor’s designee. 3. “Department” means the department of health and human ser…

The director shall appoint a qualified superintendent for each of the resource centers who shall receive such salary as the director shall determine. [SS15, §2727-a96; C24, 27, 31, 35, 39, § 3466; C46, 50, 54, 58, 62, §223.2; C66, 71, 73, 75, 77, 79, 81, §222.3 ] 2000 Acts, ch 11…

1. The department shall make all final determinations concerning whether a person may be admitted to a state resource center. 2. If a patient is admitted to a state resource center pursuant to section 222.13 or 222.13A , and the patient wishes to be placed outside of the state re…

If a guardianship is proposed for a person with an intellectual disability, guardianship proceedings shall be initiated and conducted as provided in chapter 232D or 633 . [C24, 27, 31, 35, 39, § 3431; C46, 50, 54, 58, 62, §222.21; C66, 71, 73, 75, 77, 79, 81, §222.34 ] 84 Acts, c…

The department shall implement services and adopt rules pursuant to chapter 17A in a manner that ensures that the state is the payor of last resort, and that the department shall not make any payments for services that have been provided until the department has determined that t…

The superintendents shall: 1. Perform all duties required by law and by the director not inconsistent with law. 2. Oversee and insure individual treatment and professional care of each patient in the resource centers. 3. Maintain a full and complete record of the condition of eac…

A person shall not be eligible for admission to a resource center until a preadmission diagnostic evaluation has been made by a resource center which confirms or establishes the need for admission. [C24, 27, 31, 35, 39, § 3444; C46, 50, 54, 58, 62, §222.34; C66, 71, 73, 75, 77, 7…

When the proceedings are instituted in a county in which the person who is alleged to have an intellectual disability was found but which is not the county of residence of the person, and the costs are not taxed to the petitioner, the person’s county of residence or the state, as…

When in proceedings against an alleged delinquent or dependent child, the court is satisfied from any evidence that such child has an intellectual disability, the court may order a continuance of such proceeding, and may direct an officer of the court or some other proper person …

If on the conviction in the district court of any person for any crime or for any violation of any municipal ordinance, or if on the determination in the court that a child is dependent, neglected, or delinquent and it appears from any evidence presented to the court before sente…

Notwithstanding any provision of this chapter to the contrary, any amount attributable to any assessment pursuant to section 249A.21 that would otherwise be the liability of any county shall be paid by the state. The department may transfer funds from the appropriation for medica…

The department may transfer patients from one state resource center to the other and may at any time transfer patients from the resource centers to the hospitals for persons with mental illness. The department may also transfer patients from a hospital for persons with mental ill…

1. The superintendent of each resource center shall compute by February 1 the average daily patient charge and outpatient treatment charges for which each county will be billed for services provided to patients chargeable to the county during the fiscal year beginning the followi…

The cost of support of patients placed on convalescent leave or removed as a habilitation measure from a resource center, except when living in the home of a person legally bound for the support of the patient, shall be paid by the state. [C66, 71, 73, 75, 77, 79, 81 , S81, §222.…

1. The father and mother of any patient admitted to a resource center, as either an inpatient or an outpatient, and any person, firm, or corporation bound by contract made for support of the patient, are liable for the support of the patient. The patient and those legally bound f…

In actions to enforce the liability imposed by section 222.78 , the superintendent shall submit a certification statement stating the sums charged, and the certification statement shall be considered presumptively correct. [C66, 71, 73, 75, 77, 79, 81, §222.79 ] 2001 Acts, ch 155…

Persons admitted to the resource centers shall have all reasonable opportunity and facility for communication with their friends. Such persons shall be permitted to write and send letters, provided the letters contain nothing of an offensive character. Letters written by any pati…

A person admitted to a county institution or admitted at state expense to a private hospital, sanitarium, or other facility for treatment, training, instruction, care, habilitation, and support as a patient with an intellectual disability shall be liable to the state for the reas…

The total amount of liability provided in section 222.78 shall be allowed as a claim of the sixth class against the estate of the person or against the estate of the father or mother of such person. [C66, 71, 73, 75, 77, 79, 81, §222.81 ]

If liabilities and claims exist as provided in section 222.78 or any other provision of this chapter , the state may proceed as provided in this section . The state may compromise any and all liabilities to the state arising under this chapter when such compromise is deemed to be…

The estates of all nonresident patients who are provided treatment, training, instruction, care, habilitation, and support in or by a resource center, and all persons legally bound for the support of such persons, shall be liable to the state for the reasonable value of such serv…

There is established at each resource center a patients’ personal deposit fund. [C66, 71, 73, 75, 77, 79, 81, §222.84 ] 2000 Acts, ch 1112, §51 ; 2020 Acts, ch 1063, §81 ; 2023 Acts, ch 19, §438 ; 2024 Acts, ch 1161, §176, 180

1. Any funds coming into the possession of the superintendent or any employee of a resource center belonging to any patient in that institution shall be deposited in the name of the patient in the patients’ personal deposit fund, except that if a guardian of the property has been…

If a patient is not receiving medical assistance under chapter 249A and the amount in the account of any patient in the patients’ personal deposit fund exceeds two hundred dollars, the department may apply any amount of the excess to reimburse the state for liability incurred by …

The department shall deposit the patients’ personal deposit fund in a commercial account of a bank of reputable standing. When deposits in the commercial account exceed average monthly withdrawals, the department may deposit the excess at interest. The savings account shall be in…

If any person with an intellectual disability shall depart without proper authorization from a resource center, it shall be the duty of the superintendent and the superintendent’s assistants and all peace officers of any county in which such patient may be found to take and detai…

1. The department shall operate the state resource centers on the basis of net appropriations from the general fund of the state. The appropriation amounts shall be the net amounts of state moneys projected to be needed for the state resource centers for the fiscal year of the ap…

1. The state psychiatric hospital is established. The hospital shall be especially designed, kept, and administered for the care, observation, and treatment of those persons who are afflicted with abnormal mental conditions. 2. For the purposes of this chapter , unless the contex…

When a court finds upon completion of a hearing held pursuant to section 229.12 that the contention that a respondent is seriously mentally impaired has been sustained by clear and convincing evidence, and the application filed under section 229.6 also contends or the court other…

A physician or a physician assistant who meets the qualifications set forth in the definition of a mental health professional in section 228.1 shall submit a detailed history of the case to an administrative services organization as will be likely to aid in the observation, treat…

Administrative services organizations shall be responsible for investigating the financial condition of a person and of those legally responsible for the person’s support. [C24, 27, 31, 35, §3967; C39, § 3482.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §225.13 ] 2006 Act…

If it is determined through the financial condition investigation made pursuant to section 225.13 that a person is a committed or voluntary private patient, the person or those legally responsible for the person’s support are liable for expenses as provided in section 225.22 . Th…

When a respondent arrives at the state psychiatric hospital, the admitting physician, or a physician assistant who meets the qualifications set forth in the definition of a mental health professional in section 228.1 , shall examine the respondent and determine whether or not, in…