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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
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.
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
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