Text: SF00460 Text: SF00462 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.6, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 8A. A residential program which serves 1 4 not more than fifteen individuals and is licensed as an 1 5 intermediate care facility for persons with mental retardation 1 6 under this chapter may surrender the license and continue to 1 7 operate under a federally approved home and community-based 1 8 waiver for persons with mental retardation for not more than 1 9 five years from the date of surrender of the license, if the 1 10 department has approved a plan submitted by the residential 1 11 program which provides for compliance within the five-year 1 12 period with subsection 8, paragraph "a" or "b". 1 13 Sec. 2. Section 249A.3, subsection 11, Code 1997, is 1 14 amended by adding the following new paragraph: 1 15 NEW PARAGRAPH. c. The department shall impose an 1 16 additional year of ineligibility for medical assistance for 1 17 all services on an individual who has been convicted of 1 18 knowingly and willfully disposing of assets in order to be 1 19 eligible or to become eligible for medical assistance pursuant 1 20 to 42 U.S.C. } 1320a-7b(a)(6). 1 21 Sec. 3. Section 249F.1, subsection 2, paragraph b, 1 22 subparagraph (9), Code 1997, is amended by striking the 1 23 subparagraph. 1 24 Sec. 4. Section 249F.3, subsection 1, unnumbered paragraph 1 25 1, Code 1997, is amended to read as follows: 1 26 The department of human services may issue a notice 1 27 establishing and demanding payment of an accrued or accruing 1 28 debt due and owing to the department of human services as 1 29 provided in section 249F.2. The notice shall be sent by 1 30 restricted certified mail, as defined in section 618.15, to 1 31 the transferee at the transferee's last known address. If 1 32 service of the notice is unable to be completed by restricted 1 33 certified mail, the notice shall be served upon the transferee 1 34 in accordance with the rules of civil procedure. The notice 1 35 shall include all of the following: 2 1 Sec. 5. Section 249F.4, subsection 2, Code 1997, is 2 2 amended to read as follows: 2 3 2. The certification shall include true copies of the 2 4 original notice, the return of service, if applicable, any 2 5 request for an informal conference, any subsequent notices, 2 6 the written request for hearing, and true copies of any 2 7 administrative orders previously entered. 2 8 Sec. 6. NEW SECTION. 249F.6A EXEMPTION FROM CHAPTER 17A. 2 9 Actions initiated under this chapter are not subject to 2 10 contested case proceedings or further review pursuant to 2 11 chapter 17A. Review by the district court shall be an 2 12 original hearing before the court. 2 13 EXPLANATION 2 14 This bill makes changes in the provisions relating to 2 15 medical assistance. The bill provides that a licensed 2 16 intermediate care facility for persons with mental retardation 2 17 may surrender its license and continue to operate under a 2 18 federally approved home and community-based waiver for a 2 19 period of five years from the date of surrender of the license 2 20 if the facility submits a plan to the department of human 2 21 services to bring the facility into compliance with the 2 22 requirements for residential care facilities which are 2 23 currently exempt from licensure. 2 24 The bill also includes medical assistance provisions which 2 25 relate to the transfer of assets in determining eligibility 2 26 for medical assistance by providing for an additional year of 2 27 ineligibility for medical assistance for an individual who is 2 28 convicted of knowingly and willfully disposing of assets to be 2 29 eligible or to become eligible for medical assistance for all 2 30 services. The bill eliminates a provision of the Code 2 31 relating to transfer of a homestead relating to eligibility 2 32 for medical assistance to reflect federal requirements and to 2 33 conform with other existing Code provisions. The bill 2 34 provides a procedure for service of the notice to establish 2 35 and demand payment of a debt owing the department based upon a 3 1 transfer of assets, provides that actions initiated under the 3 2 transfer of assets chapter are not subject to the contested 3 3 case or further review provisions of chapter 17A but that 3 4 review of the actions by the district court is an original 3 5 hearing before the court. 3 6 LSB 1110SV 77 3 7 pf/sc/14.1
Text: SF00460 Text: SF00462 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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