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House Journal: Page 2041: Tuesday, April 30, 1996

2.  The program shall not be deemed to be insurance. However,
the insurance division may require that any marketing
representative utilized and compensated by the program be
appointed as a representative of the insurers or health benefits
services providers with which the program contracts.
Sec. 46.  NEW SECTION.  514I.6  THE IOWA HEALTHY KIDS TRUST
FUND.
1.  An Iowa healthy kids trust fund is created in the state
treasury under the authority of the commissioner of insurance,
to which all appropriations shall be deposited and used to carry
out the purposes of this chapter.  Other revenues of the program
such as grants, contributions, matching funds, and participant
payments shall not be considered revenue of the state, but
rather shall be funds of the program.  However, the division may
designate portions of grants, contributions, matching funds, and
participant payments as funds of the state and deposit those
funds in the trust fund.
2.  The trust fund shall be separate from the general fund of
the state and shall not be considered part of the general fund
of the state.  The moneys in the trust fund are not subject to
section 8.33 and shall not be transferred, used, obligated,
appropriated, or otherwise encumbered except as provided in this
section.  Notwithstanding section 12C.7, subsection 2, interest
or earnings on moneys deposited in the trust fund shall be
credited to the trust fund.
Sec. 47.  NEW SECTION.  514I.7  ACCESS TO RECORDS -
CONFIDENTIALITY - PENALTIES.
1.  Notwithstanding any other law to the contrary, the program
shall have access to the medical records of a child who is
participating or applying to participate in the program upon
receipt of permission from a parent or guardian of the child,
including but not limited to the medical records maintained by
the state or a political subdivision of the state.
Notwithstanding chapter 22, any identifying information,
including medical records and family financial information,
obtained by the program pursuant to this subsection is
confidential.  Except as provided in section 252B.9, chapter
252E, or any federal law or regulation to the contrary, the
program, the program's employees, and agents of the program
shall not release, without the written consent of the
participant or the parent or guardian of the participant, to any
state or federal agency, to any private business or person, or
to any other entity, any confidential information received
pursuant to this subsection.
2.  A violation of the provisions of subsection 1 is a serious
misdemeanor.
Sec. 48.  FEDERAL WAIVERS.
1.  The department of human services shall submit a waiver
request or requests to the United States department of health
and human services as necessary to implement the changes in the
family investment program and host home provisions under section
239.23 as enacted by this Act.  In addition, the department may
submit additional waiver requests to the United States
department of health and human services to make changes to the
medical assistance program under chapter 249A, as necessary to
revise the program in accordance with any waiver provision
implemented pursuant to section 239.23.
2.  The waiver request or requests submitted by the department
of human services to the United States department of health and
human services shall be to apply the provisions of section
239.23 statewide.  If federal waiver approval of the provisions
is granted, the department of human services shall implement the
provisions in accordance with the federal approval.  If an
approved waiver is in

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Wed May 1 22:20:02 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/02000/02041.html
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