House Study Bill 145

                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            HUMAN SERVICES BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to programs and services under the purview of the
  2    department of human services, and providing for retroactive
  3    applicability and effective dates.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1220DP 80
  6 pf/sh/8

PAG LIN

  1  1    Section 1.  Section 235A.13, subsection 8, Code 2003, is
  1  2 amended to read as follows:
  1  3    8.  "Multidisciplinary team" means a group of individuals
  1  4 who possess knowledge and skills related to the diagnosis,
  1  5 assessment, and disposition of child abuse cases and who are
  1  6 professionals practicing in the disciplines of medicine,
  1  7 nursing, public health, substance abuse, domestic violence,
  1  8 mental health, social work, child development, education, law,
  1  9 juvenile probation, or law enforcement, or a group established
  1 10 pursuant to section 235B.1, subsection 1.
  1 11    Sec. 2.  Section 249A.3, subsection 2, paragraph a, Code
  1 12 2003, is amended to read as follows:
  1 13    a.  As allowed under 42 U.S.C. } 1396a(a)(10)(A)(ii)(XIII),
  1 14 individuals with disabilities, who are less than sixty=five
  1 15 years of age, who are members of families whose income is less
  1 16 than two hundred fifty percent of the most recently revised
  1 17 official poverty line guidelines published by the federal
  1 18 office of management and budget United States department of
  1 19 health and human services for the family, who have earned
  1 20 income and who are eligible for medical assistance or
  1 21 additional medical assistance under this section if earnings
  1 22 are disregarded.  As allowed by 42 U.S.C. } 1396a(r)(2),
  1 23 unearned income shall also be disregarded in determining
  1 24 whether an individual is eligible for assistance under this
  1 25 paragraph.  For the purposes of determining the amount of an
  1 26 individual's resources under this paragraph and as allowed by
  1 27 42 U.S.C. } 1396a(r)(2), a maximum of ten thousand dollars of
  1 28 available resources shall be disregarded and any additional
  1 29 resources held in a retirement account, in a medical savings
  1 30 account, or in any other account approved under rules adopted
  1 31 by the department shall also be disregarded.  Individuals
  1 32 eligible for assistance under this paragraph, whose individual
  1 33 income exceeds one hundred fifty percent of the official
  1 34 poverty line guidelines published by the federal office of
  1 35 management and budget United States department of health and
  2  1 human services for an individual, shall pay a premium.  The
  2  2 amount of the premium shall be based on a sliding fee schedule
  2  3 adopted by rule of the department and shall be based on a
  2  4 percentage of the individual's income.  The maximum premium
  2  5 payable by an individual whose income exceeds one hundred
  2  6 fifty percent of the official poverty line guidelines shall be
  2  7 commensurate with premiums charged for private the cost of
  2  8 state employees' group health insurance in this state.  This
  2  9 paragraph shall be implemented no later than March 1, 2000.
  2 10    Sec. 3.  Section 249A.5, subsection 2, paragraph b, Code
  2 11 2003, is amended to read as follows:
  2 12    b.  If the collection of all or part of a debt is waived
  2 13 pursuant to subsection 2, paragraph "a", the amount waived
  2 14 shall be a debt due from the estate of the recipient's
  2 15 surviving spouse, child who is blind or has a disability, or
  2 16 the recipient of a hardship waiver under subsection 2,
  2 17 paragraph "a", subparagraph (2), upon the death of such
  2 18 spouse, child, or recipient , or due from a surviving child,
  2 19 who was under twenty=one years of age at the time of the
  2 20 recipient's death, upon the child reaching age twenty=one, to
  2 21 the extent the recipient's estate is received by such spouse,
  2 22 child, or recipient to the extent the medical assistance
  2 23 recipient's estate was received by the following persons, the
  2 24 amount waived shall be a debt due from one of the following,
  2 25 as applicable:
  2 26    (1)  The estate of the medical assistance recipient's
  2 27 surviving spouse or child who is blind or has a disability,
  2 28 upon the death of such spouse or child.
  2 29    (2)  A surviving child who was under twenty=one years of
  2 30 age at the time of the medical assistance recipient's death,
  2 31 upon the child reaching the age of twenty=one or from the
  2 32 estate of the child if the child dies prior to reaching the
  2 33 age of twenty=one.
  2 34    (3)  The estate of the recipient of the undue hardship
  2 35 waiver, at the time of death of the hardship waiver recipient,
  3  1 or from the hardship waiver recipient when the hardship no
  3  2 longer exists.
  3  3    Sec. 4.  Section 249A.12, subsection 4, Code 2003, is
  3  4 amended by adding the following new paragraph:
  3  5    NEW PARAGRAPH.  c.  Effective February 1, 2002, the state
  3  6 shall be responsible for all of the nonfederal share of the
  3  7 costs of intermediate care facility for persons with mental
  3  8 retardation services provided under medical assistance
  3  9 attributable to the assessment fee for intermediate care
  3 10 facilities for individuals with mental retardation, imposed
  3 11 pursuant to section 249A.21.  Notwithstanding subsection 2,
  3 12 effective February 1, 2003, a county is not required to
  3 13 reimburse the department and shall not be billed for the
  3 14 nonfederal share of the costs of such services attributable to
  3 15 the assessment fee.
  3 16    Sec. 5.  NEW SECTION.  249A.26A  STATE AND COUNTY
  3 17 PARTICIPATION IN FUNDING FOR REHABILITATION SERVICES FOR
  3 18 PERSONS WITH CHRONIC MENTAL ILLNESS.
  3 19    The county of legal settlement shall pay for the nonfederal
  3 20 share of the cost of rehabilitation services provided under
  3 21 the medical assistance program for persons with chronic mental
  3 22 illness, except that the state shall pay for the nonfederal
  3 23 share of such costs if the person does not have a county of
  3 24 legal settlement.
  3 25    Sec. 6.  Section 252A.5, subsection 1, Code 2003, is
  3 26 amended to read as follows:
  3 27    1.  Where the petitioner and the respondent are residents
  3 28 of or domiciled or found in this state or where this state may
  3 29 exercise personal jurisdiction over a nonresident respondent
  3 30 under section 252K.201.
  3 31    Sec. 7.  Section 252A.6, subsection 1, Code 2003, is
  3 32 amended to read as follows:
  3 33    1.  A proceeding under this chapter shall be commenced by
  3 34 filing a verified petition in the court in equity in the
  3 35 county where the dependent resides or is domiciled, showing or
  4  1 if the dependent does not reside in or is not domiciled in
  4  2 this state, where the petitioner or respondent resides, or
  4  3 where public assistance has been provided for the dependent.
  4  4 The petition shall show the name, age, residence, and
  4  5 circumstances of the dependent, alleging that the dependent is
  4  6 in need of and is entitled to support from the respondent,
  4  7 giving the respondent's name, age, residence, and
  4  8 circumstances, and praying that the respondent be compelled to
  4  9 furnish such support.  The petitioner may include in or attach
  4 10 to the petition any information which may help in locating or
  4 11 identifying the respondent including, but without limitation
  4 12 by enumeration, a photograph of the respondent, a description
  4 13 of any distinguishing marks of the respondent's person, other
  4 14 names and aliases by which the respondent has been or is
  4 15 known, the name of the respondent's employer, the respondent's
  4 16 fingerprints, or social security number.
  4 17    Sec. 8.  RETROACTIVE APPLICABILITY AND EFFECTIVE DATE.
  4 18 Section 4 of this Act, amending section 249A.12, subsection 4,
  4 19 relating to payment of costs for intermediate care facilities
  4 20 for persons with mental retardation, is retroactively
  4 21 applicable to February 1, 2002, and takes effect upon
  4 22 enactment.
  4 23                           EXPLANATION
  4 24    This bill relates to programs and services under the
  4 25 purview of the department of human services.
  4 26    Under the bill, in addition to individuals practicing other
  4 27 disciplines, a "multidisciplinary team" under the child abuse
  4 28 chapter would include individuals practicing in the discipline
  4 29 of domestic violence.
  4 30    The bill also amends language relating to future collection
  4 31 of debt due the department of human services from a medical
  4 32 assistance recipient's estate if present collection of the
  4 33 debt from the recipient's estate had been waived because
  4 34 collection would have resulted in a reduction in the amount
  4 35 received from the medical assistance recipient's estate by a
  5  1 surviving spouse or child, or because collection would have
  5  2 otherwise worked an undue hardship.  The bill clarifies from
  5  3 whom the future collection of the debt is due and under what
  5  4 circumstances.  In the instance in which the recipient of the
  5  5 medical assistance recipient's estate was a surviving spouse
  5  6 or a child who is blind or has a disability, the debt is due
  5  7 from the surviving spouse's or child's estate, upon the death
  5  8 of the spouse or child.  In the instance in which the
  5  9 recipient of the medical assistance recipient's estate was a
  5 10 surviving child who was under 21 years of age at the time of
  5 11 the medical assistance recipient's death, the debt is due from
  5 12 the surviving child upon the child reaching the age of 21 or
  5 13 from the estate of the child if the child dies prior to
  5 14 reaching the age of 21.  In the instance in which collection
  5 15 of the debt was waived based upon an undue hardship, the debt
  5 16 is due from the estate of the recipient of the undue hardship
  5 17 waiver, at the time of the death of the recipient, or from the
  5 18 hardship waiver recipient when the hardship no longer exists.
  5 19    The bill also updates and corrects references regarding
  5 20 persons with disabilities who are eligible for medical
  5 21 assistance under earnings disregard provisions.
  5 22    The bill provides that beginning February 1, 2002, the
  5 23 state is responsible for all of the nonfederal share of the
  5 24 costs of intermediate care facility for persons with mental
  5 25 retardation services provided under medical assistance that
  5 26 are attributable to the assessment fee for intermediate care
  5 27 facilities for individuals with mental retardation.  Beginning
  5 28 February 1, 2003, and notwithstanding a contrary provision, a
  5 29 county is not required to reimburse the department of human
  5 30 services and is not to be billed for the costs of the services
  5 31 provided that they are attributable to the assessment fee.
  5 32 This section of the bill is retroactively applicable to
  5 33 February 1, 2002, and takes effect upon enactment.
  5 34    The bill also provides that the county of legal settlement
  5 35 of a person is to pay the nonfederal costs of rehabilitation
  6  1 services provided under the medical assistance program for
  6  2 persons with chronic mental illness.  However, if the person
  6  3 has no county of legal settlement, the state is responsible
  6  4 for payment of the nonfederal share of the costs.
  6  5    The bill provides that a proceeding under the support of
  6  6 dependents chapter may be commenced by filing a petition not
  6  7 only with the court in a county where the dependent resides or
  6  8 is domiciled, but, if the dependent does not reside in or is
  6  9 not domiciled in Iowa, in the county where the petitioner or
  6 10 respondent resides, or where public assistance has been
  6 11 provided for the dependent.
  6 12 LSB 1220DP 80
  6 13 pf/sh/8.1