Senate File 2066 - Introduced SENATE FILE 2066 BY COURTNEY A BILL FOR An Act relating to providers of medical assistance program 1 consumer-directed attendant care and consumer choices 2 option services, including effective date and retroactive 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5665XS (3) 85 pf/nh

S.F. 2066 Section 1. MEDICAL ASSISTANCE PROGRAM —— PROVIDERS OF 1 CONSUMER-DIRECTED ATTENDANT CARE AND CONSUMER CHOICES OPTION 2 SERVICES. 3 1. The department of human services shall adopt 4 rules pursuant to chapter 17A to provide for all of the 5 following regarding providers of medical assistance program 6 consumer-directed attendant care and consumer choices option 7 services: 8 a. That an individual who serves as a member’s legal 9 representative and also provided services to the member under 10 a home and community-based services waiver consumer-directed 11 attendant care agreement or under a community choices option 12 employment agreement in effect on December 31, 2013, may 13 continue to act as a provider under the agreement and payment 14 to such provider is not considered funds incorrectly paid under 15 the medical assistance program. 16 b. Beginning July 1, 2014, the department shall require 17 transition of individual providers under the consumer-directed 18 attendant care option to agency-provided services and shall 19 retain the consumer choices option for those individuals able 20 and desiring to self-direct services. However, an individual 21 providing services to a member under a home and community-based 22 services consumer-directed attendant care agreement in effect 23 on December 31, 2013, may continue to act as an individual 24 provider under the agreement and payment to such provider 25 is not considered funds incorrectly paid under the medical 26 assistance program. 27 c. Beginning July 1, 2014, a provider of agency-provided 28 services under the consumer-directed attendant care option or a 29 provider of services under the consumer choices option may also 30 serve as the member’s legal representative. 31 d. Any provider of consumer-directed attendant care or 32 consumer choices option services shall certify in writing that 33 the provider has the necessary skills and meets the necessary 34 requirements to be able to perform the services the provider is 35 -1- LSB 5665XS (3) 85 pf/nh 1/ 3

S.F. 2066 hired to perform. 1 2. For the purposes of this section, “legal representative” 2 means a person, including an attorney, who is authorized by 3 law to act on behalf of the medical assistance program member. 4 “Legal representative” does not include the spouse of a member 5 or the parent or stepparent of a member aged seventeen or 6 under. 7 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 8 immediate importance, takes effect upon enactment. 9 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 10 retroactively to December 31, 2013. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to providers of medical assistance 15 (Medicaid) consumer-directed attendant care (CDAC) and consumer 16 choices option (CCO) services. 17 The bill directs the department of human services (DHS) to 18 adopt rules pursuant to Code chapter 17A to: 19 1. Provide that an individual who also serves as the 20 Medicaid member’s legal representative and provided services to 21 the member under a CDAC agreement or CCO employment agreement 22 in effect on December 31, 2013, may continue to act as a 23 provider under the agreement and payment to such provider 24 is not considered funds incorrectly paid under the medical 25 assistance program. 26 2. Provide that beginning July 1, 2014, DHS will 27 require transition of individual providers under CDAC 28 to agency-provided services and retain the CCO for those 29 individuals able and desiring to self-direct services. 30 However, an individual providing services to a Medicaid 31 member under a CDAC agreement in effect on December 31, 32 2013, may continue to act as an individual provider under the 33 agreement and payment to such provider is not considered funds 34 incorrectly paid under the medical assistance program. 35 -2- LSB 5665XS (3) 85 pf/nh 2/ 3

S.F. 2066 3. Provide that beginning July 1, 2014, a provider of 1 agency-provided services under CDAC or the CCO may also serve 2 as the member’s legal representative. 3 4. Require any provider of services under CDAC or the CCO to 4 certify in writing that the provider has the necessary skills 5 and meets the necessary requirements to be able to perform the 6 services the provider is hired to perform. 7 Under the bill, “legal representative” means a person, 8 including an attorney, who is authorized by law to act on 9 behalf of the medical assistance program member. “Legal 10 representative” does not include the spouse of a member or the 11 parent or stepparent of a member aged 17 or under. 12 The bill takes effect upon enactment and is retroactively 13 applicable to December 31, 2013. 14 -3- LSB 5665XS (3) 85 pf/nh 3/ 3