Senate File 248 - Introduced SENATE FILE 248 BY PETERSEN A BILL FOR An Act relating to the admission of persons into residential 1 care facilities, and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1308XS (2) 91 dg/ko
S.F. 248 Section 1. DEPARTMENT OF HEALTH AND HUMAN SERVICES 1 CONTRACTS WITH CONTRACTORS QUALIFIED RESIDENTIAL TREATMENT 2 PROGRAMS. 3 1. a. In all contracts executed with a contractor to 4 provide a qualified residential treatment program, the 5 department of health and human services shall include a 6 provision that allows the contractor to reject a placement 7 of an individual referred by the department of health and 8 human services, or juvenile court services, if the contractor 9 confirms in writing to the department of health and human 10 services, or juvenile court services, that the contractor does 11 not have the necessary security or support to ensure the safety 12 of the individual or the safety of the contractors staff. 13 b. The department of health and human services shall not 14 include any type of no reject, no eject provision in any 15 contract executed with a contractor to provide a qualified 16 residential treatment program. For purposes of this paragraph, 17 no reject, no eject means that the contractor shall be 18 required to accept all individual placements referred by the 19 department of health and human services or juvenile court 20 services. 21 Sec. 2. APPLICABILITY. This Act applies to all contracts 22 between the department of health and human services and 23 a contractor for the provision of a qualified residential 24 treatment program that are executed, extended, or renewed on or 25 after the effective date of this Act. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanations substance by the members of the general assembly. 29 This bill relates to the admission of persons into 30 residential care facilities. 31 The bill requires all contracts the department of health and 32 human services (HHS) executes with a contractor to provide a 33 qualified residential treatment program (QRTP) to include a 34 provision that allows the contractor to reject a placement of 35 -1- LSB 1308XS (2) 91 dg/ko 1/ 2
S.F. 248 an individual referred by HHS, or juvenile court services, if 1 the contractor confirms in writing to HHS, or juvenile court 2 services, that the contractor does not have the necessary 3 security or support to ensure the safety of the individual or 4 the safety of the contractors staff. 5 The bill prohibits HHS from including any type of no reject, 6 no eject provision in any contract executed with a contractor 7 to provide a QRTP. The bill defines no reject, no eject as 8 requiring a contractor to accept all individual placements 9 referred by HHS or juvenile court services. 10 The bill applies to all contracts between HHS and a 11 contractor for the provision of a QRTP that are executed, 12 extended, or renewed on or after the bills effective date. 13 -2- LSB 1308XS (2) 91 dg/ko 2/ 2