222.60 - COSTS PAID BY COUNTY OR STATE -- DIAGNOSIS AND EVALUATION.
222.60 COSTS PAID BY COUNTY OR STATE -- DIAGNOSIS AND
EVALUATION.
1. All necessary and legal expenses for the cost of admission or
commitment or for the treatment, training, instruction, care,
habilitation, support and transportation of persons with mental
retardation, as provided for in the county management plan provisions
implemented pursuant to section 331.439, subsection 1, in a state
resource center, or in a special unit, or any public or private
facility within or without the state, approved by the director of the
department of human services, shall be paid by either:
a. The county in which such person has legal settlement as
defined in section 252.16.
b. The state when such person has no legal settlement or when
such settlement is unknown.
2. a. Prior to a county of legal settlement approving the
payment of expenses for a person under this section, the county may
require that the person be diagnosed to determine if the person has
mental retardation or that the person be evaluated to determine the
appropriate level of services required to meet the person's needs
relating to mental retardation. The diagnosis and the evaluation may
be performed concurrently and shall be performed by an individual or
individuals approved by the county who are qualified to perform the
diagnosis or the evaluation. Following the initial approval for
payment of expenses, the county of legal settlement may require that
an evaluation be performed at reasonable time periods.
b. The cost of a county-required diagnosis and an evaluation
is at the county's expense. In the case of a person without legal
settlement or whose legal settlement is unknown, the state may apply
the diagnosis and evaluation provisions of this subsection at the
state's expense.
c. A diagnosis or an evaluation under this section may be
part of a county's central point of coordination process under
section 331.440, provided that a diagnosis is performed only by an
individual qualified as provided in this section.
3. a. A diagnosis of mental retardation under this section
shall be made only when the onset of the person's condition was prior
to the age of eighteen years and shall be based on an assessment of
the person's intellectual functioning and level of adaptive skills.
The diagnosis shall be made by an individual who is a psychologist or
psychiatrist who is professionally trained to administer the tests
required to assess intellectual functioning and to evaluate a
person's adaptive skills.
b. A diagnosis of mental retardation shall be made in
accordance with the criteria provided in the diagnostic and
statistical manual of mental disorders, fourth edition, published by
the American psychiatric association. Section History: Early Form
[C39, § 3477.3, 3477.4, 3477.7; C46, 50, 54, 58, 62, § 223.14,
223.15, 223.18; C66, 71, 73, 75, 77, 79, 81, § 222.60] Section History: Recent Form
83 Acts, ch 96, § 157, 159; 95 Acts, ch 82, §12; 95 Acts, ch 190,
§1; 95 Acts, ch 206, §13; 2000 Acts, ch 1112, §51; 2004 Acts, ch
1090, §33; 2009 Acts, ch 41, §223
Referred to in § 222.78, 249A.12, 331.381