2000 Legislation
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HOUSE BILL NO. 579, As Amended in the Senate – Mentally ill, hospitalized, costs

HOUSE BILL NO. 579, As Amended in the Senate

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Daily Data Tracking History



H0579aaS..............................................by HEALTH AND WELFARE
MENTALLY ILL - HOSPITALIZATION - Amends existing law to require that the
state shall assume the responsibility for costs of treatment of a mentally
ill individual beginning with the day after receipt of the notice that a
person has been committed into custody; and to provide requirements
governing the time of transport.
                                                                        
02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Health/Wel
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 57-0-13
      AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
      Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Henbest,
      Hornbeck, Jaquet, Judd, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stoicheff, Stone,
      Tilman, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Alltus, Callister, Campbell, Chase, Gould,
      Hansen(29), Jones, Kellogg, Smith, Stevenson, Taylor, Trail(Miller),
      Mr Speaker
    Floor Sponsor - Loertscher
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Health/Wel
03/22    Rpt out - to 14th Ord
03/23    Rpt out amen - to 1st rdg as amen
03/24    1st rdg - to 2nd rdg as amen
03/27    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 31-0-4
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Frasure, Geddes, Hawkins, Ingram,
      Ipsen, Keough, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Whitworth,
      Williams
      NAYS--None
      Absent and excused--Davis, Dunklin, King-Barrutia, Stennett
    Floor Sponsor - Stegner
    Title apvd - to House
03/28    House concurred in Senate amens - to engros
03/29    Rpt engros - 1st rdg - to 2nd rdg as amen
    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 67-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Crow, Hansen(29), Tilman
    Floor Sponsor - Loertcher
    Title apvd - to enrol
03/30    Rpt enrol - Sp signed - Pres signed
03/31    To Governor
04/03    Governor signed
         Session Law Chapter 161
         Effective: 10/01/00

Bill Text


 H0579
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 579, As Amended in the Senate
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HOSPITALIZATION OF THE  MENTALLY  ILL;  AMENDING  SECTION  66-327,
  3        IDAHO  CODE,  TO  REQUIRE  THAT  THE STATE SHALL ASSUME COSTS OF TREATMENT
  4        BEGINNING  WITH  THE  DAY  AFTER  NOTICE  THAT  AN  INDIVIDUAL  HAS   BEEN
  5        DISPOSITIONED TO THE CUSTODY OF THE STATE AND TO PROVIDE REQUIREMENTS GOV-
  6        ERNING THE TIME OF TRANSPORT; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  66-327, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        66-327.  RESPONSIBILITY FOR COSTS OF COMMITMENT AND CARE OF PATIENTS.  (a)
 11    All costs associated with the commitment proceedings, including usual and cus-
 12    tomary  fees  of  designated  examiners, transportation costs and all medical,
 13    psychiatric and hospital costs not included in subsection (b) of this section,
 14    shall be the responsibility of the  person  subject  to  judicial  proceedings
 15    authorized  by  this  chapter  or such person's spouse, adult children, or, if
 16    indigent, the county of such person's residence after all personal, family and
 17    third party resources, including medical assistance provided under  the  state
 18    plan  for  medicaid  as authorized by title XIX of the social security act, as
 19    amended, are considered. In proceedings authorized by this chapter, the  court
 20    shall  consider  the indigency of persons subject to proceedings authorized by
 21    this chapter, in light of such person's income and resources, and if such per-
 22    son is able to pay all or part of such costs, the court shall order such  per-
 23    son  to pay all or any part of such costs. If the court determines such person
 24    is unable to pay all or any part of such costs, the court shall fix  responsi-
 25    bility, in accordance with the provisions of chapter 35, title 31, Idaho Code,
 26    for  payment  of  such  costs  on the county of such person's residence to the
 27    extent not paid by such person  or  not  covered  by  third  party  resources,
 28    including medical assistance as aforesaid.
 29        (b)  The  department of health and welfare shall assume responsibility for
 30    usual  and  customary  treatment  costs  after  the  involuntary  patient   is
 31    dispositioned,  transported  to and admitted by the state facility to the cus-
 32    tody of the state of Idaho, beginning on the day after the  director  receives
 33    notice  that  a  person has been committed into the custody of the department,
 34    until the involuntary patient is discharged and after all personal, family and
 35    third party resources are considered in accordance with section 66-354,  Idaho
 36    Code.  The  counties shall be responsible for mental health costs if the indi-
 37    vidual is not transported within twenty-four (24) hours of  receiving  written
 38    notice  of  admission  availability  to a state facility. For purposes of this
 39    section, "usual and customary treatment costs" shall  include  routine  board,
 40    room  and  support services rendered at a facility of the department of health
 41    and welfare; routine physical, medical, psychological and psychiatric examina-
 42    tion and testing; group and individual therapy, psychiatric treatment, medica-
 43    tion and medical care which can be provided at a facility of the department of
                                                                        
                                           2
                                                                        
  1    health and welfare. The term "usual and customary treatment costs"  shall  not
  2    include  neurological  evaluation,  CAT  scan, surgery, medical treatment, any
  3    other item or service not provided at a facility of the department  of  health
  4    and  welfare, or witness fees and expenses for court appearances. For the pur-
  5    poses of this section, the notice to the department may be faxed or mailed.
                                                                        
  6        SECTION 2.  This act shall be in full force and effect on and after  Octo-
  7    ber 1, 2000.

Amendment


 AH0579
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Stegner             
                                                                        
                                                     Seconded by King-Barrutia       
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 579
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 35, following "Code." insert:  "The
  3    counties shall be responsible for mental health costs if the individual is not
  4    transported  within  twenty-four  (24)  hours  of  receiving written notice of
  5    admission availability to a state facility.".
                                                                        
  6                                AMENDMENT TO THE BILL
  7        On page 2, following line 2, insert:
  8        "SECTION 2.  This act shall be in full force and effect on and after Octo-
  9    ber 1, 2000.".
                                                                        
 10                                 CORRECTION TO TITLE
 11        On page 1, in line 5, following "STATE" insert: "AND TO  PROVIDE  REQUIRE-
 12    MENTS GOVERNING THE TIME OF TRANSPORT; AND PROVIDING AN EFFECTIVE DATE".

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                     RS 09855Cl 
                           
     The purpose of this bill is to require the state of Idaho Department of Health and
     Welfare to assume its responsibility once an individual is involuntarily committed
     to the state. Under current law once an individual is committed to the state they
     must be transported to and accepted into the state facility. Counties are being told
     that there are no beds in the state facility but the state of Idaho has the ability to
     contract for services with private facilities.
      
     This is an unnecessary burden placed on counties for a state responsibility. 
     
     
     
     
                     FISCAL NOTE 
     
     There will be a cost to the state general fund of approximately $625,000. 
     
     
     
     
               CONTACT:  Idaho Association of Counties
               Dan Chadwick, Tony Poinelli
               Phone:    345-9126 
     
     
     
     
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                              H 579