Text: H01271 Text: H01273 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 655 as follows: 1 2 #1. Page 6, by inserting after line 25 the 1 3 following: 1 4 "Sec. . Section 222.68, Code 1999, is amended 1 5 to read as follows: 1 6 222.68 COSTS PAID IN FIRST INSTANCE. 1 7 1. All necessary and legal expenses for the cost 1 8 of admission or commitment of a person to a hospital- 1 9 school or a special unit when the person's legal 1 10 settlement is found to be in another county of this 1 11 state shall in the first instance be paid by the 1 12 county from which the person was admitted or 1 13 committed. The county of legal settlement shall 1 14 reimburse the countywhich paysthat paid for all such 1 15 expenses. Where any county fails to make such 1 16 reimbursement within forty-five days following 1 17 submission of a properly itemized bill to the county 1 18 of legal settlement, a penalty of not greater than one 1 19 percent per month on and after forty-five days from 1 20 submission of the bill may be added to the amount due. 1 21 2. If a county notifies the director of revenue 1 22 and finance that a person for whom the county has been 1 23 billed has legal settlement in another county or the 1 24 person has no legal settlement or the legal settlement 1 25 is unknown, the administrator shall request that the 1 26 attorney general cause an action to be brought in 1 27 accordance with section 222.70 to determine legal 1 28 settlement. If an action to determine legal 1 29 settlement is not brought within forty-five days of 1 30 the date by which the county notified the director of 1 31 revenue and finance, the billed county shall not be 1 32 liable for the billing, no further claim for the 1 33 billed expenses shall be made to that county, and the 1 34 state shall be liable for the billing. If the 1 35 administrator fails to respond within forty-five days 1 36 of being notified of a dispute of any other expense 1 37 billed to a county under this chapter, that county 1 38 shall not be liable for the billed expense and no 1 39 further claim for the expenses shall be made, and the 1 40 state shall be liable for the billing. 1 41 Sec. . Section 230.12, subsection 3, Code 1999, 1 42 is amended to read as follows: 1 43 3. If an action under this section involves a 1 44 dispute between counties or between the administrator 1 45 and a county, the county determined to be the county 1 46 of legal settlement or the state, if it is determined 1 47 that the person has no legal settlement or the legal 1 48 settlement is unknown, shall reimburse a county for 1 49 the amount of costs paid by that county on behalf of 1 50 the person and for interest on this amount in 2 1 accordance with section 535.3. In addition, the court 2 2 may order the county determined to be the county of 2 3 legal settlement, or the state, to reimburse any other 2 4 county involved in the dispute for the other county's 2 5 reasonable legal costs related to the dispute and may 2 6 tax the reasonable legal costs as court costs. The 2 7 court may order the county determined to be the county 2 8 of legal settlement, or the state, to pay a penalty to 2 9 the other county, in an amount which does not exceed 2 10 twenty percent of the total amount of reimbursement 2 11 and interest. 2 12 Sec. . Section 230.22, Code 1999, is amended to 2 13 read as follows: 2 14 230.22 PENALTY. 2 15 1.Should anyIf a countyfailfails to pay the 2 16 amount billed by a statement submitted pursuant to 2 17 section 230.20 within forty-five days from the date 2 18 the statement is received by the county, the director 2 19 of revenue and finance shall charge the delinquent 2 20 county the penalty of one percent per month on and 2 21 after forty-five days from the date the statement is 2 22 received by the county until paid.Provided, however,2 23thatHowever, the penalty shall not be imposed if the 2 24 county has notified the director of revenue and 2 25 finance of error or questionable items in the billing, 2 26 in which event, the director of revenue and finance 2 27 shall suspend the penalty only during the period of 2 28 negotiation. 2 29 2. If a county notifies the director of revenue 2 30 and finance that a person for whom the county has been 2 31 billed has legal settlement in another county or the 2 32 person has no legal settlement or the legal settlement 2 33 is unknown, the administrator shall request that the 2 34 attorney general cause an action to be brought in 2 35 accordance with section 230.12 to determine legal 2 36 settlement. If an action to determine legal 2 37 settlement is not brought within forty-five days of 2 38 the date by which the county notified the director of 2 39 revenue and finance, that county shall not be liable 2 40 for the expenses and no further claim for the expenses 2 41 shall be made. If the administrator fails to respond 2 42 within forty-five days to a dispute of any other claim 2 43 billed to a county under this chapter, that county 2 44 shall not be liable for the billed expenses and no 2 45 further claim for the expenses shall be made. 2 46 Sec. . Section 249A.12, subsection 2, Code 2 47 1999, is amended to read as follows: 2 48 2. a. A county shall reimburse the department on 2 49 a monthly basis for that portion of the cost of 2 50 assistance provided under this section to a recipient 3 1 with legal settlement in the county, which is not paid 3 2 from federal funds, if the recipient's placement has 3 3 been approved by the appropriate review organization 3 4 as medically necessary and appropriate. Any claim 3 5 submitted by the department to a county must be 3 6 complete and accurately itemized according to the 3 7 names of the persons who received services, types of 3 8 services and dates received, and amount billed for 3 9 each unit of service. 3 10 b. The department's goal for the maximum time 3 11 period for submission of a complete and accurate claim 3 12 to a county is not more thansixtyforty-five days 3 13 following the submission of the claim by the provider 3 14 of the service to the department. If the department 3 15 submits a claim to a county more than forty-five days 3 16 following the submission of the claim by the provider, 3 17 the county may reduce the amount due by one percent 3 18 per calendar month or portion of a month that the 3 19 claim was submitted to the county beyond the forty- 3 20 five-day goal. 3 21 c. If a county notifies the director of revenue 3 22 and finance that a person for whom the county has been 3 23 billed for costs of assistance under this chapter has 3 24 legal settlement in another county or the person has 3 25 no legal settlement or the legal settlement is 3 26 unknown, the department shall request that the 3 27 attorney general cause an action to be brought to 3 28 determine legal settlement. If an action to determine 3 29 legal settlement is not brought within forty-five days 3 30 of the date by which the county notified the director 3 31 of revenue and finance, that county shall not be 3 32 liable for the billed costs and no further claim for 3 33 the costs shall be made. If the department fails to 3 34 respond within forty-five days to a dispute of any 3 35 other costs billed to a county under this chapter, 3 36 that county shall not be liable for the costs and no 3 37 further claim for the costs shall be made. 3 38 d. The department's goal for completion and 3 39 crediting of a county for cost settlement for the 3 40 actual costs of a home and community-based waiver 3 41 service is within two hundred seventy days of the 3 42 close of a fiscal year for which cost reports are due 3 43 from providers. In calculating the amount of cost 3 44 settlement due a county under this paragraph, the 3 45 department shall increase the amount credited by one 3 46 percent per calendar month or portion of a month that 3 47 the cost settlement was credited to the county beyond 3 48 the two hundred seventy-day goal. 3 49 e. The department shall annually report on or 3 50 before December 15 to the governor and the general 4 1 assembly regarding the department's performance during 4 2 the previous fiscal year in complying with the goals 4 3 for submitting claims and crediting for cost 4 4 settlement. If the goals were not achieved, the 4 5 report shall include a corrective action plan 4 6 detailing the actions to be taken for achieving the 4 7 goals in the succeeding fiscal year. 4 8 f. Effective July 1, 2000, if a claim is not 4 9 submitted to the county of legal settlement within the 4 10 forty-five-day goal period under this section, the 4 11 department shall be liable for the claim in place of 4 12 the county. 4 13 g. The department shallplacecredit all 4 14 reimbursements received from countiesinunder this 4 15 section to the appropriation for medical assistance, 4 16 and may use the reimbursed funds in the same manner 4 17 and for any purpose for which the appropriation for 4 18 medical assistance may be used. 4 19 Sec. . DISPUTED BILLINGS. If a billing 4 20 submitted before July 1, 1997, to a county for state 4 21 hospital-school or state mental health institute 4 22 service expenses is not settled as of June 30, 1999, 4 23 effective July 1, 1999, the billing is null and void, 4 24 the county shall not be liable for the expenses, and 4 25 no further claim for the expenses associated with the 4 26 billing shall be made." 4 27 #2. By renumbering as necessary. 4 28 4 29 4 30 4 31 HEATON of Henry 4 32 HF 655.702 78 4 33 jp/sc
Text: H01271 Text: H01273 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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