135H.6 - INSPECTION -- CONDITIONS FOR ISSUANCE.
135H.6 INSPECTION -- CONDITIONS FOR ISSUANCE.
The department shall issue a license to an applicant under this
chapter if all the following conditions exist:
1. The department has ascertained that the applicant's medical
facilities and staff are adequate to provide the care and services
required of a psychiatric institution.
2. The proposed psychiatric institution is accredited by the
joint commission on the accreditation of health care organizations,
the commission on accreditation of rehabilitation facilities, the
council on accreditation of services for families and children, or by
any other recognized accrediting organization with comparable
standards acceptable under federal regulation.
3. The applicant complies with applicable state rules and
standards for a psychiatric institution adopted by the department in
accordance with federal requirements under 42 C.F.R. §
441.150--441.156.
4. The applicant has been awarded a certificate of need pursuant
to chapter 135, unless exempt as provided in this section.
5. The department of human services has submitted written
approval of the application based on the department of human
services' determination of need. The department of human services
shall identify the location and number of children in the state who
require the services of a psychiatric medical institution for
children. Approval of an application shall be based upon the
location of the proposed psychiatric institution relative to the need
for services identified by the department of human services and an
analysis of the applicant's ability to provide services and support
consistent with requirements under chapter 232, particularly
regarding community-based treatment. If the proposed psychiatric
institution is not freestanding from a facility licensed under
chapter 135B or 135C, approval under this subsection shall not be
given unless the department of human services certifies that the
proposed psychiatric institution is capable of providing a resident
with a living environment similar to the living environment provided
by a licensee which is freestanding from a facility licensed under
chapter 135B or 135C.
6. The department of human services shall not give approval to an
application which would cause the total number of beds licensed under
this chapter for services reimbursed by the medical assistance
program under chapter 249A to exceed four hundred thirty beds.
7. In addition to the beds authorized under subsection 6, the
department of human services may establish not more than thirty beds
licensed under this chapter at the state mental health institute at
Independence. The beds shall be exempt from the certificate of need
requirement under subsection 4.
8. The department of human services may give approval to
conversion of beds approved under subsection 6, to beds which are
specialized to provide substance abuse treatment. However, the total
number of beds approved under subsection 6 and this subsection shall
not exceed four hundred thirty. Conversion of beds under this
subsection shall not require a revision of the certificate of need
issued for the psychiatric institution making the conversion.
9. The proposed psychiatric institution is under the direction of
an agency which has operated a facility licensed under section 237.3,
subsection 2, paragraph "a", as a comprehensive residential
facility for children for three years or of an agency which has
operated a facility for three years providing psychiatric services
exclusively to children or adolescents and the facility meets or
exceeds requirements for licensure under section 237.3, subsection 2,
paragraph "a", as a comprehensive residential facility for
children.
10. A psychiatric institution licensed prior to July 1, 1999, may
exceed the number of beds authorized under subsection 6 if the excess
beds are used to provide services funded from a source other than the
medical assistance program under chapter 249A. Notwithstanding
subsections 4, 5, and 6, the provision of services using those excess
beds does not require a certificate of need or a review by the
department of human services.
11. If a child has an emotional, behavioral, or mental health
disorder, the psychiatric institution does not require court
proceedings to be initiated or that a child's parent, guardian, or
custodian must terminate parental rights over or transfer legal
custody of the child for the purpose of obtaining treatment from the
psychiatric institution for the child. Relinquishment of a child's
custody shall not be a condition of the child receiving services. Section History: Recent Form
89 Acts, ch 283, § 7; 90 Acts, ch 1239, § 1, 2; 93 Acts, ch 53, §
7; 93 Acts, ch 172, § 30; 93 Acts, ch 180, § 80; 96 Acts, ch 1213, §
32; 98 Acts, ch 1218, §66; 99 Acts, ch 51, §1, 2; 99 Acts, ch 98, §1;
2001 Acts, ch 191, §35; 2005 Acts, ch 117, §1
Referred to in § 226.9B