Mental Health/Disability Services of the East Central Region
Minutes of the April 3, 2014 Regional Governing Board. Meeting called to order at 1:00 p.m. at
the Linn County Community Services Building.
Board members present: Pat Harney (alternate for Rod Sullivan), Don Frese, Wayne
Manternach, Vicki Pope, Wayne Demmer (alternate for Daryl Klein), Jeff Madlom (alternate for Shirley
Helmrichs), Ellen Gaffney, Duane Hildebrandt. Ben Rogers was absent.
Coordinators present: Peggy Petlon, Jody Jansen, Jan Heidemann, Kris Artley, Julie Davison,
Marilyn Austin, Deb Schultz, Carol Zander. Mechelle Dhondt was absent.
Others attendees: John Brandt, Tim English, Jessica Peckover, Janine Sulzner, Kristi Clark, Jan
Shaw, Stephen Trefz, Diane Brecht, Cindy Kaestner, Ann Bauer, Casey Westhoff, Elaine Sweet, Ron
Schaefer, Susie Nehring, Margee Woywood, Maggie Beavers.
Motion by Hildebrandt/Demmer to accept the minutes of the March meeting. Motion carried.
Tim English of O'Connor and English Insurance spoke to the board about insurance for the
region. Tim recommends general liability (bodily injury) and directors and officers insurance coverage if
the board would be sued. Cost is estimated at $3000 to $4000. Tim can quote $2M, $5M, and $10M in
coverage and that includes cost of legal defense. Tim stated that the coordinators should be covered by
the county insurance plans, but he will ask ICAP. Tim can work with Marilyn Austin and provide a quote.
He can quote a blanket crime policy to cover the fiscal agent. Tim will have a quote by the May meeting.
Motion by Gaffney / Pope to have Tim English provide a quote for insurance. Motion carried.
Jody Jansen presented two options for paying dual diagnosis commitment costs. The ECR
Coordinators recommend paying for regional dual commitments and the MHI Mt. Pleasant Dual
program using Option 1: Pay half of the expenses related to the commitment from the general fund and
half from the mental health fund because it was a DUAL evaluation. Motion by Demmer/Hildebrandt to
approve Option 1. Motion carried.
Austin reported that Department of Human Services (DHS) granted an extension for submitting
the Management Plan and Annual Service and Budget Plan. The plans will be sent to DHS on April 4th.
Peggy Petlon presented options for signing contracts. The template contract was reviewed by
the ISAC attorney, and language taken from other county contracts was previously reviewed by those
county attorneys. Contracts must be done by July 1, 2014. This first year the contracts will be for one
year only, but typically the contract is three years. The rate sheet changes each year. Hospitals and
transportation providers will have their own contracts and those rates aren't negotiable. Peggy
requested that the chair sign the contracts and she sign the rate sheets. Motion by Frese/Gaffney to
have Wayne Manternach sign provider contracts and have Peggy Petlon sign the rate sheets. Motion
carried.
Austin spoke about the region attorney surveys. Three county attorneys indicated they would be
willing to serve the region for routine work. Buchanan County did not indicate a fee, Delaware stated
$65 per hour but had additional questions, Johnson County, no charge. The insurance company provides
an attorney if the region is sued.
Assistant Johnson County Attorney Susie Nehring clarified that a county attorney may be able to
provide assistance on routine work but it would be a conflict of interest to advise the region and have
the final say. An attorney outside the region is needed for that type of legal advice. A county attorney
can produce documents, give feedback, but can't say it is in the best interest of the region. Eventually
the region has to have an attorney that is looking out for the region’s interest, not the county they work
for. The region needs to have an outside attorney to review HIPAA policies. For region work, have
county attorneys review it and if it becomes a bigger issue hire an outside attorney. Manternach
recommended we take matters back to county attorneys, and then go from there if needed.
Crisis planning - Austin reported that she has asked a group of providers to develop a plan for
crisis stabilization and present it to the coordinators. No meeting has been scheduled yet.
1|Page
Mental Health/Disability Services of the East Central Region
Austin provided information prepared by Alissa Smith of Dorsey and Whitney about the new
HIPAA manual adopted by ISAC.
Austin reported on the recent Leadership meetings. ECR was one of the first two regions to have
their 28E agreement approved. There are now three regions with 28E agreements approved.
Three senators and several DHS representatives and the CSA affiliate president met regarding
the claw back of savings to counties due to Affordable Care Act (ACA). DHS presented numbers, but
those were not agreed on by the counties. Counties presented numbers to Senators Tuesday. Counties
are asking legislators to wait for better data before the money is taken back by the State.
Kris Artley asked about funding for hospital referees for commitments. Hildebrandt suggested
counties who want to continue it could pay from their general fund. The State should be paying a
magistrate to do it or hire more magistrates to handle the workload.
Austin provided a new contact list with Petlon's new email address.
Artley reported she approached legislators to request DHS to rescind the requirement for
counties to submit a FY14 Annual report. They will need to modify the legislation requiring counties to
turn in a report by Dec. 1.
Julie Davison is meeting with Janine Sulzner next week. July 24th will likely be the first pay
period for the region's claims.
Carol Zander reviewed the changes to bylaws suggested by ISAC attorney Kristi Harshbarger.
Petlon provided a list of providers with whom the region will be contracting. Regional
transportation providers request that individual counties approve those contracts, so she will continue
to work on that issue.
Motion by Demmer/Hildebrandt to approve the final Advisory Committee recommendations.
Motion carried.
Janine Sulzner reported she received the region's Tax ID number from the IRS, and is waiting on
the formal letter from the IRS acknowledging the tax exempt status of the region. Counties will take
turns paying the Gazette claims until the region starts.
Jan Heidemann presented the Management Plan and the Annual Service and Budget Plan,
pointing out a few last minute changes. Motion by Hildebrandt/Frese to approve the plans. Motion
carried.
Gaffney commented that the Buchanan County sheriff is complaining that juvenile
transportation costs are not reimbursed. The Sheriff affiliate is going to be talking to the legislators.
Iowa Code says the State is responsible for juvenile commitment costs.
Public comments - Diane Brecht asked if providers can get a copy of management plan. Ann
Bauer also requested a copy of the plan. Board agreed that it is a public document and can be sent out
as a pdf in draft form pending approval by DHS.
Manternach requested that the Linn County supervisor serve on the Advisory committee
because the meetings will be held in Linn County.
Meeting adjourned 2:55 p.m.
Respectfully submitted,
Carol Zander
2|Page