HF 2097 (LSB 5159YH (2) 85)

HOUSE FILE 2097

BY  PETTENGILL

A BILL FOR

An Act relating to community-directed attendant care requirements, and including effective, retroactive, and applicability date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  2013 Iowa Acts, chapter 138, section 12, subsection 19, paragraph a, subparagraph (6), is amended by striking the subparagraph.
    Sec. 2.  2013 Iowa Acts, chapter 138, section 142, subsection 18, paragraph a, is amended to read as follows:
   a.  The department shall continue to implement the cost containment strategies for the medical assistance program in the fiscal year beginning July 1, 2014, that were recommended by the governor for the fiscal year beginning July 1, 2013, as specified in this Act and may adopt emergency rules for such implementation.  The department shall not implement the cost containment strategy that requires transition of the provision by individual providers of personal care under the consumer-directed attendant care option to agency-provided personal care services while retaining the consumer choice option for those individuals able and desiring to self-direct services.
    Sec. 3.  CONSUMER-DIRECTED ATTENDANT CARE PROVIDERS —— LEGAL REPRESENTATIVE.  The department of human services shall adopt rules pursuant to chapter 17A to allow a guardian or attorney in fact under a durable power of attorney for health care for a consumer-directed attendant care program member to provide consumer-directed attendant care services. Payment to a guardian or attorney in fact for health care for a program member acting as a provider under the consumer-directed attendant care program shall not be considered funds incorrectly paid.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 5.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to July 1, 2013.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to a cost containment strategy that would require transition under the Medicaid program of the provision by individual providers of personal care under the consumer-directed attendant care option to agency-provided personal care services while retaining the consumer choice option for those individuals able and desiring to self-direct services. Because the provision was included in the appropriation for the Medicaid program for FY 2013-2014 and continued in FY 2014-2015, the bill eliminates the initial directive for FY 2013-2014, and directs the department of human services not to implement the strategy for FY 2014-2015.
   The bill also provides that under the consumer-directed attendant care program, a guardian or attorney in fact under a durable power of attorney for health care for a program member may be a provider of services under the program. Additionally, payment to such guardian or attorney in fact for health care for a program member acting as a provider under the consumer-directed attendant care program is not to be considered funds incorrectly paid.
   The bill takes effect upon enactment and is retroactively applicable to July 1, 2013.