331.392 Regional governance agreements.
1. In addition to compliance with the applicable provisions of chapter 28E, the chapter 28E agreement entered into by the counties comprising a mental health and disability services region in forming the regional administrator to function on behalf of the counties shall comply with the requirements of this section.
2. The organizational provisions of the agreement shall include all of the following:
a. A statement of purpose, goals, and objectives of entering into the agreement.
b. Identification of the governing board membership and the terms, methods of appointment, voting procedures, and other provisions applicable to the operation of the governing board. The voting procedures may provide for a weighted vote on decisions identified by the governing board. A weighted vote may provide for assignment of a number of votes to each of the counties comprising the region equal to its population within the region, may require at least three-fourths of the total votes cast for approval of a decision, or may provide for another weighted vote option determined by the governing board.
c. The identification of the process for selecting the executive staff of the regional administrator serving as the single point of accountability for the region.
d. The counties participating in the agreement.
e. The time period of the agreement and terms for termination or renewal of the agreement.
f. The circumstances under which additional counties may join the region.
g. Methods for dispute resolution and mediation.
h. Methods for termination of a county’s participation in the region.
i. Provisions for formation and assigned responsibilities for one or more advisory committees consisting of individuals who utilize services or actively involved relatives of such individuals, service providers, governing board members, and persons representing other interests identified in the agreement.
3. The administrative provisions of the agreement shall include all of the following:
a. Responsibility of the governing board in appointing and evaluating the performance of the chief executive officer of the regional administrator.
b. A general list of the functions and responsibilities of the regional administrator’s chief executive officer and other administrative staff.
c. Specification of the functions to be carried out by each party to the agreement and by any subcontractor of a party to the agreement. A contract with a provider network shall be separately addressed.
4. The financial provisions of the agreement shall include all of the following:
a. Methods for pooling, management, and expenditure of the funding under the control of the regional administrator. If the agreement does not provide for pooling of the participating county moneys in a single fund, the agreement shall specify how the participating county moneys will be subject to the control of the regional administrator.
b. (1) Methods for allocating administrative funding and resources.
(2) Methods for allocating a region’s cash flow amount in the event a county leaves the region. A region’s cash flow amount shall be divided by the percentage of each county’s population according to the region’s population indicated in the region’s annual service and budget plan and shall be allocated to the counties. This subparagraph shall apply to all agreements in existence or entered into on or after July 1, 2020.
c. Contributions and uses of initial funding or related contributions made by the counties participating in the region for purposes of commencing operations by the regional administrator.
d. Methods for acquiring or disposing of real property.
e. A process for determining the use of savings for reinvestment.
f. A process for performance of an annual independent audit of the regional administrator. The annual independent audit prepared by the regional administrator shall be submitted to the department upon completion of the audit.
5. If implementation of a region’s regional administrator results in a change in the employer of county employees assigned to the central point of coordination administrator under section 331.440, Code Supplement 2011, to another public employer and the employees were covered under a collective bargaining agreement, such employees shall be retained and the agreement shall be continued by the successor employer as though there had not been a change in employer.
6. All agreements shall be submitted to the department. The department shall approve the agreement if the agreement complies with the requirements of this section.
2012 Acts, ch 1120, §35, 37, 39; 2013 Acts, ch 90, §89; 2020 Acts, ch 1121, §51, 52
Referred to in §97B.1A, 331.389, 331.424A
Subsection 4 amended
NEW subsection 6