Text: S05609                            Text: S05611
Text: S05600 - S05699                   Text: S Index
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Senate Amendment 5610

Amendment Text

PAG LIN
  1  1    Amend House File 2517 as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  NEW SECTION.  432.13  PREMIUM TAX
  1  6 EXEMPTION – HAWK-I PROGRAM.
  1  7    Premiums collected by participating insurers under
  1  8 chapter 514I, are exempt from premium tax."
  1  9    #2.  Page 1, by striking lines 15 through 22 and
  1 10 inserting the following:  "the general assembly is not
  1 11 in session, the department, with the approval of the
  1 12 HAWK-I board, shall proceed to implement and
  1 13 administer those provisions, subject to review by the
  1 14 next regular session of the general assembly.
  1 15    ___.  It is the intent of the general assembly,
  1 16 recognizing the importance of outreach to the
  1 17 successful utilization of the program by eligible
  1 18 children, that within the limitations of funding
  1 19 allowed for outreach and administration expenses, the
  1 20 maximum amount possible be used for outreach.
  1 21    ___.  It is the intent of the general assembly that
  1 22 the HAWK-I program be an integral part of the
  1 23 continuum of health insurance coverage and that the
  1 24 program be developed and implemented in such a manner
  1 25 as to facilitate movement of families between health
  1 26 insurance providers and to facilitate the transition
  1 27 of families to private sector health insurance
  1 28 coverage."
  1 29    #3.  Page 1, line 27, by striking the words "HAWK-I
  1 30 board" and inserting the following:  "department".
  1 31    #4.  Page 1, by inserting after line 28 the
  1 32 following:
  1 33    "___.  "Benchmark benefit package" means any of the
  1 34 following:
  1 35    a.  The standard blue cross/blue shield preferred
  1 36 provider option service benefit plan, described in and
  1 37 offered under 5 U.S.C. } 8903(1).
  1 38    b.  A health benefits coverage plan that is offered
  1 39 and generally available to state employees in this
  1 40 state.
  1 41    c.  The plan of a health maintenance organization
  1 42 as defined in 42 U.S.C. } 300e, with the largest
  1 43 insured commercial, nonmedical assistance enrollment
  1 44 of covered lives in the state."
  1 45    #5.  Page 1, by striking lines 32 through 34 and
  1 46 inserting the following:
  1 47    "___.  "Department" means the department of human
  1 48 services.
  1 49    ___.  "Director" means the director of human
  1 50 services."
  2  1    #6.  Page 2, line 4, by striking the word "governs"
  2  2 and inserting the following:  "adopts rules and
  2  3 establishes policy for, and directs the department
  2  4 regarding,".
  2  5    #7.  Page 2, line 10, by inserting after the word
  2  6 "licensed" the following:  "by the division of
  2  7 insurance of the department of commerce".
  2  8    #8.  Page 2, line 13, by striking the words "HAWK-I
  2  9 board to offer" and inserting the following:
  2 10 "department to provide".
  2 11    #9.  Page 2, line 21, by striking the word "care".
  2 12    #10.  Page 2, by striking lines 25 through 27, and
  2 13 inserting the following:
  2 14    "2.  Health insurance coverage under the program".
  2 15    #11.  Page 2, by inserting after line 35 the
  2 16 following:
  2 17    "___.  Nothing in this chapter shall be construed
  2 18 or is intended as, or shall imply, a grant of
  2 19 entitlement for services to persons who are eligible
  2 20 for participation in the program based upon
  2 21 eligibility consistent with the requirements of this
  2 22 chapter.  Any state obligation to provide services
  2 23 pursuant to this chapter is limited to the extent of
  2 24 the funds appropriated or provided for this chapter.
  2 25    ___. Participating insurers under this chapter are
  2 26 not subject to the requirements of chapters 513B and
  2 27 513C."
  2 28    #12.  Page 3, by striking lines 1 through 12 and
  2 29 inserting the following:
  2 30    "Sec. ___.  NEW SECTION.  514I.3A  DIRECTOR AND
  2 31 DEPARTMENT – DUTIES – POWERS.
  2 32    1.  The director, with the approval of the HAWK-I
  2 33 board, shall implement this chapter.  The director
  2 34 shall do all of the following:
  2 35    a.  At least every six months, evaluate the scope
  2 36 of the program currently being provided under this
  2 37 chapter, project the probable cost of continuing the
  2 38 program, and compare the probable cost with the
  2 39 remaining balance of the state appropriation made for
  2 40 payment of assistance under this chapter during the
  2 41 current appropriation period.  The director shall
  2 42 report the findings of the evaluation to the board and
  2 43 shall annually report findings to the governor and the
  2 44 general assembly by January 1.
  2 45    b.  Establish premiums to be paid to participating
  2 46 insurers for provision of health insurance coverage.
  2 47    c.  Contract with participating insurers to provide
  2 48 health insurance coverage under this chapter.
  2 49    d.  Recommend to the board proposed rules necessary
  2 50 to implement the program.
  3  1    e.  Recommend to the board individuals to serve as
  3  2 members of the clinical advisory committee.
  3  3    2.  The director, with the concurrence of the
  3  4 board, shall enter into a contract with an
  3  5 administrative contractor.  Such contract shall be
  3  6 entered into in accordance with the criteria
  3  7 established by the board.
  3  8    3.  The department may enter into contracts with
  3  9 other persons whereby the other person provides some
  3 10 or all of the functions, pursuant to rules adopted by
  3 11 the board, which are required of the director or the
  3 12 department under this section.  All contracts entered
  3 13 into pursuant to this section shall be made available
  3 14 to the public.
  3 15    4.  The department shall do or shall provide for
  3 16 all of the following:
  3 17    a.  Develop a program application form not to
  3 18 exceed two pages in length, which is consistent with
  3 19 the rules of the board, which is easy to understand,
  3 20 complete, and concise, and which, to the greatest
  3 21 extent possible, coordinates with the medical
  3 22 assistance program.
  3 23    b.  Establish the family cost sharing amount, based
  3 24 on a sliding fee scale, if established by the board.
  3 25    c.  Perform other duties as determined by the
  3 26 department with the approval of the board."
  3 27    #13.  Page 3, lines 14 and 15, by striking the
  3 28 words "established which" and inserting the following:
  3 29 "established.  The board shall meet not less than ten
  3 30 times annually, for the purposes of establishing
  3 31 policy for, directing the department on, and adopting
  3 32 rules for the program.  The board".
  3 33    #14.  Page 3, line 19, by striking the words "human
  3 34 services" and inserting the following:  "education".
  3 35    #15.  Page 3, by striking lines 27 through 30 and
  3 36 inserting the following:  "this chapter."
  3 37    #16.  Page 4, by inserting after line 22 the
  3 38 following:
  3 39    "5A.  The board may receive and accept grants,
  3 40 loans, or advances of funds from any person and may
  3 41 receive and accept from any source contributions of
  3 42 money, property, labor, or any other thing of value,
  3 43 to be held, used, and applied for the purposes of the
  3 44 program."
  3 45    #17.  Page 4, by striking lines 24 through 27 and
  3 46 inserting the following:
  3 47    "___.  Develop the criteria to be included in a
  3 48 request for proposals for the selection of any
  3 49 administrative contractor for the program."
  3 50    #18.  Page 4, line 28, by inserting after the word
  4  1 "Define" the following:  ", in consultation with the
  4  2 department,".
  4  3    #19.  Page 4, line 29, by inserting after the word
  4  4 "offered" the following: "in a manner as to ensure
  4  5 access to services for all children participating in
  4  6 the program".
  4  7    #20.  Page 4, by striking line 30 and inserting the
  4  8 following:
  4  9    "c.  Approve the benefit package design, review the
  4 10 benefit package".
  4 11    #21.  Page 4, by striking lines 33 through 35.
  4 12    #22.  Page 5, by striking lines 1 through 3 and
  4 13 inserting the following:
  4 14    "d.  Develop, with the assistance of the
  4 15 department, an outreach plan for implementation by the
  4 16 administrative contractor, and provide for periodic
  4 17 assessment of the effectiveness of the outreach plan.
  4 18 The plan shall provide outreach to".
  4 19    #23.  Page 5, line 5, by inserting after the word
  4 20 "coverage" the following:  "or care programs".
  4 21    #24.  Page 5, by striking lines 14 through 16 and
  4 22 inserting the following:
  4 23    "___.  In consultation with the clinical advisory
  4 24 committee, select a single, nationally recognized
  4 25 functional health assessment form for an initial
  4 26 assessment of all".
  4 27    #25.  Page 5, line 21, by inserting after the word
  4 28 "Review" the following:  ", in consultation with the
  4 29 department,".
  4 30    #26.  Page 5, line 24, by inserting after the word
  4 31 "board" the following:  ", in consultation with the
  4 32 department,".
  4 33    #27.  Page 5, by striking lines 28 through 30 and
  4 34 inserting the following:  "and the HAWK-I program, and
  4 35 to provide for common processes and".
  4 36    #28.  By striking page 5, line 33, through page 6,
  4 37 line 1, and inserting the following:
  4 38    "g.  By January 1, annually, prepare, with the
  4 39 assistance of the department, and submit a report to
  4 40 the governor, the general assembly, and the council on
  4 41 human services, concerning the board's activities,
  4 42 findings, and recommendations."
  4 43    #29.  Page 6, line 2, by striking the word
  4 44 "Receive" and inserting the following:  "Solicit".
  4 45    #30.  Page 6, by striking lines 9 through 11.
  4 46    #31.  Page 6, line 12, by inserting after the word
  4 47 "Establish" the following:  "and consult with".
  4 48    #32.  Page 6, by striking lines 18 and 19 and
  4 49 inserting the following:  "limited to health
  4 50 maintenance and prevention and health risk
  5  1 assessment."
  5  2    #33.  Page 6, by inserting before line 20 the
  5  3 following:
  5  4    "m.  Establish an advisory committee to make
  5  5 recommendations to the board and to the general
  5  6 assembly on or before January 1, 1999, concerning the
  5  7 provision of health insurance coverage to children
  5  8 with special health care needs under the program.  The
  5  9 committee shall include individuals with experience
  5 10 in, knowledge of, or expertise in this area.  The
  5 11 recommendations shall address, but are not limited to,
  5 12 all of the following:
  5 13    (1)  The definition of the target population of
  5 14 children with special health care needs for the
  5 15 purposes of determining eligibility under the program.
  5 16    (2)  Eligibility options for and assessment of
  5 17 children with special health care needs for
  5 18 eligibility.
  5 19    (3)  Benefit options for children with special
  5 20 health care needs.
  5 21    (4)  Options for enrollment of children with
  5 22 special health care needs in and disenrollment of
  5 23 children with special health care needs from qualified
  5 24 child health plans utilizing a capitated fee form of
  5 25 payment.
  5 26    (5)  The appropriateness and quality of care for
  5 27 children with special health care needs.
  5 28    (6)  The coordination of health services provided
  5 29 for children with special health care needs under the
  5 30 program with services provided by other publicly
  5 31 funded programs."
  5 32    #34.  Page 6, line 20, by striking the word
  5 33 "cooperation" and inserting the following:
  5 34 "consultation".
  5 35    #35.  Page 6, by striking lines 30 and 31 and
  5 36 inserting the following:  "insurers for the program."
  5 37    #36.  Page 6, by striking lines 33 and 34 and
  5 38 inserting the following:  "plan which are those
  5 39 included in a benchmark or benchmark equivalent plan
  5 40 and which comply".
  5 41    #37.  Page 6, line 35, by striking the words "and
  5 42 which".
  5 43    #38.  Page 7, by striking lines 1 and 2, and
  5 44 inserting the following:  ".  Benefits covered shall
  5 45 include but are not limited to all of the following:"
  5 46    #39.  Page 7, line 22, by striking the word
  5 47 "preventative" and inserting the following:
  5 48 "preventive".
  5 49    #40.  Page 7, by striking lines 32 and 33 and
  5 50 inserting the following:
  6  1    "g.  Presumptive eligibility criteria for the
  6  2 program."
  6  3    #41.  By striking page 7, line 35, through page 8,
  6  4 line 2, and inserting the following:  "shall be
  6  5 assessed on a sliding fee scale based on family
  6  6 income, which provides for a minimum amount of cost
  6  7 sharing, and which complies with federal law."
  6  8    #42.  Page 8, line 14, by striking the word "board"
  6  9 and inserting the following:  "department".
  6 10    #43.  Page 9, by striking lines 21 and 22.
  6 11    #44.  Page 9, by inserting after line 29, the
  6 12 following:
  6 13    "4A.  Require that any plan provided by the
  6 14 participating insurer establishes and maintains a
  6 15 conflict management system that includes methods for
  6 16 both preventing and resolving disputes involving the
  6 17 health care needs of eligible children, and a process
  6 18 for resolution of such disputes."
  6 19    #45.  Page 10, by striking lines 1 and 2 and
  6 20 inserting the following:
  6 21    "c.  Information regarding the plan's conflict
  6 22 management system."
  6 23    #46.  Page 10, by striking lines 4 and 5 and
  6 24 inserting the following:
  6 25    "___.  Submit a plan for a health improvement
  6 26 program to the department, for approval by the board."
  6 27    #47.  Page 10, line 15, by striking the word
  6 28 "developed" and inserting the following:  "approved".
  6 29    #48.  Page 10, by striking lines 33 through 35.
  6 30    #49.  Page 11, line 4, by striking the words "of
  6 31 human services".
  6 32    #50.  Page 11, by striking lines 6 through 8.
  6 33    #51.  Page 11, by striking lines 9 through 13 and
  6 34 inserting the following:
  6 35    "___.  Develop and issue appropriate approval,
  6 36 denial, and cancellation notifications to inform
  6 37 applicants and enrollees of the status of the
  6 38 applicant's or enrollee's eligibility to participate
  6 39 in the program.  Additionally, the administrative
  6 40 contractor shall process applications, including
  6 41 verifications and mailing of approvals and denials,
  6 42 within ten working days of receipt of the application,
  6 43 unless the application cannot be processed within this
  6 44 period for a reason that is beyond the control of the
  6 45 administrative contractor."
  6 46    #52.  Page 11, lines 15 and 16, by striking the
  6 47 words "of human services".
  6 48    #53.  Page 11, line 20, by striking the words
  6 49 "HAWK-I board" and inserting the following:
  6 50 "department".
  7  1    #54.  Page 11, line 25, by striking the word
  7  2 "divisions" and inserting the following:
  7  3 "department".
  7  4    #55.  Page 11, line 26, by striking the words
  7  5 "HAWK-I board" and inserting the following:
  7  6 "department".
  7  7    #56.  By striking page 11, line 33, through page
  7  8 12, line 5, and inserting the following:
  7  9    "___.  Collect and track monthly family premiums to
  7 10 assure that payments are current."
  7 11    #57.  Page 12, line 7, by inserting after the word
  7 12 "contractor" the following:  "in that participating
  7 13 insurer's plan".
  7 14    #58.  Page 12, by striking line 14 and inserting
  7 15 the following:
  7 16    "1.  Effective July 1, 1998, and notwithstanding
  7 17 any medical assistance program eligibility criteria to
  7 18 the contrary, medical assistance shall be provided to,
  7 19 or on behalf of, an eligible child under the age of
  7 20 nineteen whose family income does not exceed one
  7 21 hundred thirty-three percent of the federal poverty
  7 22 level, as defined by the most recently revised poverty
  7 23 income guidelines published by the United States
  7 24 department of health and human services.
  7 25    2.  A child may participate in the HAWK-I program
  7 26 if the child".
  7 27    #59.  Page 12, by striking lines 22 through 24 and
  7 28 inserting the following:
  7 29    "___.  Is not eligible for medical assistance
  7 30 pursuant to chapter 249A."
  7 31    #60.  Page 13, line 2, by inserting after the word
  7 32 "eligible" the following:  "for the program pending a
  7 33 final eligibility determination."
  7 34    #61.  Page 13, by striking lines 6 and 7 and
  7 35 inserting the following:  "the administrative
  7 36 contractor shall conduct a review of the circumstances
  7 37 of the eligible child's family to establish
  7 38 eligibility and cost sharing for the subsequent
  7 39 twelve-month period."
  7 40    #62.  Page 13, by inserting after line 14 the
  7 41 following:
  7 42    "___.  The board shall study and shall make
  7 43 recommendations to the governor and to the general
  7 44 assembly regarding the level of family income which is
  7 45 appropriate for application of the program, and the
  7 46 feasibility of allowing families with incomes above
  7 47 the level of eligibility for the program to purchase
  7 48 insurance for children through the program.
  7 49    ___.  The board and the council on human services
  7 50 shall cooperate and seek appropriate coordination in
  8  1 administration of the program and the medical
  8  2 assistance program and shall develop a plan for a
  8  3 unified medical assistance and HAWK-I program system
  8  4 which includes the use of a single health insurance
  8  5 card by enrollees of either program."
  8  6    #63.  Page 13, by striking lines 22 through 26 and
  8  7 inserting the following:  "the results of the initial
  8  8 benefits package used."
  8  9    #64.  Page 14, lines 8 and 9, by striking the words
  8 10 "a minimum of two percent" and inserting the
  8 11 following:  "at least a minimum amount".
  8 12    #65.  Page 14, by inserting after line 13, the
  8 13 following:
  8 14    "Sec. ___.  APPOINTMENT OF MEMBERS OF THE HAWK-I
  8 15 BOARD.  The members of the HAWK-I board shall be
  8 16 appointed within thirty days of enactment of this Act
  8 17 and may begin performing board duties prior to the
  8 18 beginning of the official commencement of the terms of
  8 19 the appointed board members as provided under this
  8 20 Act.
  8 21    Sec. ___.  OUTREACH.  Notwithstanding any provision
  8 22 to the contrary, including section 8.33, any moneys
  8 23 remaining in the Iowa healthy kids trust fund pursuant
  8 24 to chapter 514H and any moneys remaining from grants,
  8 25 contributions, or other sources which were designated
  8 26 for the purposes of the healthy kids program shall be
  8 27 transferred to the department of human services and
  8 28 used to implement outreach activities for the HAWK-I
  8 29 program immediately upon enactment of this Act.
  8 30    Sec. ___.  EMERGENCY RULES.  The department of
  8 31 human services may adopt emergency rules to implement
  8 32 changes in the medical assistance program by July 1,
  8 33 1998, and the department of human services and the
  8 34 board may each adopt emergency rules only to the
  8 35 extent necessary to implement the HAWK-I program by
  8 36 January 1, 1999.  Any rules adopted in accordance with
  8 37 this section shall also be published as notice of
  8 38 intended action as provided in section 17A.4.
  8 39    Sec. ___.  Chapter 514H is repealed."
  8 40    #66.  Title page, line 2, by inserting after the
  8 41 word "children" the following:  ", providing for a
  8 42 repeal,".
  8 43    #67.  By renumbering as necessary.  
  8 44 
  8 45 
  8 46                               
  8 47 NANCY BOETTGER 
  8 48 ELAINE SZYMONIAK 
  8 49 JOHN REDWINE 
  8 50 JERRY BEHN 
  9  1 WILMER RENSINK 
  9  2 MAGGIE TINSMAN 
  9  3 ROBERT E. DVORSKY 
  9  4 JOHNIE HAMMOND 
  9  5 DICK L. DEARDEN 
  9  6 PATRICIA HARPER 
  9  7 LYLE E. ZIEMAN 
  9  8 NEAL SCHUERER 
  9  9 MERLIN E. BARTZ 
  9 10 HF 2517.513 77
  9 11 pf/jw/28
     

Text: S05609                            Text: S05611
Text: S05600 - S05699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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