Text: HF00574                           Text: HF00576
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 575

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 222.68, Code 1999, is amended to read
  1  2 as follows:
  1  3    222.68  COSTS PAID IN FIRST INSTANCE.
  1  4    1.  All necessary and legal expenses for the cost of
  1  5 admission or commitment of a person to a hospital-school or a
  1  6 special unit when the person's legal settlement is found to be
  1  7 in another county of this state shall in the first instance be
  1  8 paid by the county from which the person was admitted or
  1  9 committed.  The county of legal settlement shall reimburse the
  1 10 county which pays that paid for all such expenses.  Where any
  1 11 county fails to make such reimbursement within forty-five days
  1 12 following submission of a properly itemized bill to the county
  1 13 of legal settlement, a penalty of not greater than one percent
  1 14 per month on and after forty-five days from submission of the
  1 15 bill may be added to the amount due.
  1 16    2.  If a county notifies the director of revenue and
  1 17 finance that a person for whom the county has been billed has
  1 18 legal settlement in another county or the person has no legal
  1 19 settlement or the legal settlement is unknown, the
  1 20 administrator shall request that the attorney general cause an
  1 21 action to be brought in accordance with section 222.70 to
  1 22 determine legal settlement.  If an action to determine legal
  1 23 settlement is not brought within forty-five days of the date
  1 24 by which the county notified the director of revenue and
  1 25 finance, the billed county shall not be liable for the
  1 26 billing, and no further claim for the billed expenses shall be
  1 27 made to that county.  If the administrator fails to respond
  1 28 within forty-five days of being notified of a dispute of any
  1 29 other expense billed to a county under this chapter, that
  1 30 county shall not be liable for the billed expense and no
  1 31 further claim for the expenses shall be made.
  1 32    Sec. 2.  Section 230.12, subsection 3, Code 1999, is
  1 33 amended to read as follows:
  1 34    3.  If an action under this section involves a dispute
  1 35 between counties or between the administrator and a county,
  2  1 the county determined to be the county of legal settlement or
  2  2 the state, if it is determined that the person has no legal
  2  3 settlement or the legal settlement is unknown, shall reimburse
  2  4 a county for the amount of costs paid by that county on behalf
  2  5 of the person and for interest on this amount in accordance
  2  6 with section 535.3.  In addition, the court may order the
  2  7 county determined to be the county of legal settlement, or the
  2  8 state, to reimburse any other county involved in the dispute
  2  9 for the other county's reasonable legal costs related to the
  2 10 dispute and may tax the reasonable legal costs as court costs.
  2 11 The court may order the county determined to be the county of
  2 12 legal settlement, or the state, to pay a penalty to the other
  2 13 county, in an amount which does not exceed twenty percent of
  2 14 the total amount of reimbursement and interest.
  2 15    Sec. 3.  Section 230.22, Code 1999, is amended to read as
  2 16 follows:
  2 17    230.22  PENALTY.
  2 18    1.  Should any If a county fail fails to pay the amount
  2 19 billed by a statement submitted pursuant to section 230.20
  2 20 within forty-five days from the date the statement is received
  2 21 by the county, the director of revenue and finance shall
  2 22 charge the delinquent county the penalty of one percent per
  2 23 month on and after forty-five days from the date the statement
  2 24 is received by the county until paid.  Provided, however, that
  2 25 However, the penalty shall not be imposed if the county has
  2 26 notified the director of revenue and finance of error or
  2 27 questionable items in the billing, in which event, the
  2 28 director of revenue and finance shall suspend the penalty only
  2 29 during the period of negotiation.
  2 30    2.  If a county notifies the director of revenue and
  2 31 finance that a person for whom the county has been billed has
  2 32 legal settlement in another county or the person has no legal
  2 33 settlement or the legal settlement is unknown, the
  2 34 administrator shall request that the attorney general cause an
  2 35 action to be brought in accordance with section 230.12 to
  3  1 determine legal settlement.  If an action to determine legal
  3  2 settlement is not brought within forty-five days of the date
  3  3 by which the county notified the director of revenue and
  3  4 finance, that county shall not be liable for the expenses and
  3  5 no further claim for the expenses shall be made.  If the
  3  6 administrator fails to respond within forty-five days to a
  3  7 dispute of any other claim billed to a county under this
  3  8 chapter, that county shall not be liable for the billed
  3  9 expenses and no further claim for the expenses shall be made.
  3 10    Sec. 4.  Section 249A.12, subsection 2, Code 1999, is
  3 11 amended to read as follows:
  3 12    2.  a.  A county shall reimburse the department on a
  3 13 monthly basis for that portion of the cost of assistance
  3 14 provided under this section to a recipient with legal
  3 15 settlement in the county, which is not paid from federal
  3 16 funds, if the recipient's placement has been approved by the
  3 17 appropriate review organization as medically necessary and
  3 18 appropriate.  Any claim submitted by the department to a
  3 19 county must be complete and accurately itemized according to
  3 20 the names of the persons who received services, types of
  3 21 services and dates received, and amount billed for each unit
  3 22 of service.
  3 23    b.  The department's goal for the maximum time period for
  3 24 submission of a complete and accurate claim to a county is not
  3 25 more than sixty forty-five days following the submission of
  3 26 the claim by the provider of the service to the department.
  3 27 If the department submits a claim to a county more than forty-
  3 28 five days following the submission of the claim by the
  3 29 provider, the county may reduce the amount due by one percent
  3 30 per calendar month or portion of a month that the claim was
  3 31 submitted to the county beyond the forty-five-day goal.
  3 32    c.  If a county notifies the director of revenue and
  3 33 finance that a person for whom the county has been billed for
  3 34 costs of assistance under this chapter has legal settlement in
  3 35 another county or the person has no legal settlement or the
  4  1 legal settlement is unknown, the department shall request that
  4  2 the attorney general cause an action to be brought to
  4  3 determine legal settlement.  If an action to determine legal
  4  4 settlement is not brought within forty-five days of the date
  4  5 by which the county notified the director of revenue and
  4  6 finance, that county shall not be liable for the billed costs
  4  7 and no further claim for the costs shall be made.  If the
  4  8 department fails to respond within forty-five days to a
  4  9 dispute of any other costs billed to a county under this
  4 10 chapter, that county shall not be liable for the costs and no
  4 11 further claim for the costs shall be made.
  4 12    d.  The department's goal for completion and crediting of a
  4 13 county for cost settlement for the actual costs of a home and
  4 14 community-based waiver service is within two hundred seventy
  4 15 days of the close of a fiscal year for which cost reports are
  4 16 due from providers.  In calculating the amount of cost
  4 17 settlement due a county under this paragraph, the department
  4 18 shall increase the amount credited by one percent per calendar
  4 19 month or portion of a month that the cost settlement was
  4 20 credited to the county beyond the two hundred seventy-day
  4 21 goal.
  4 22    e.  The department shall annually report on or before
  4 23 December 15 to the governor and the general assembly regarding
  4 24 the department's performance during the previous fiscal year
  4 25 in complying with the goals for submitting claims and
  4 26 crediting for cost settlement.  If the goals were not
  4 27 achieved, the report shall include a corrective action plan
  4 28 detailing the actions to be taken for achieving the goals in
  4 29 the succeeding fiscal year.
  4 30    f.  Effective July 1, 2000, if a claim is not submitted to
  4 31 the county of legal settlement within the forty-five-day goal
  4 32 period under this section, the department shall be liable for
  4 33 the claim in place of the county.
  4 34    g.  The department shall place credit all reimbursements
  4 35 received from counties in under this section to the
  5  1 appropriation for medical assistance, and may use the
  5  2 reimbursed funds in the same manner and for any purpose for
  5  3 which the appropriation for medical assistance may be used.
  5  4    Sec. 5.  DISPUTED BILLINGS.  If a billing submitted before
  5  5 July 1, 1997, to a county for state hospital-school or state
  5  6 mental health institute service expenses is not settled as of
  5  7 June 30, 1999, effective July 1, 1999, the billing is null and
  5  8 void, the county shall not be liable for the expenses, and no
  5  9 further claim for the expenses associated with the billing
  5 10 shall be made.  
  5 11                           EXPLANATION
  5 12    This bill relates to state billings for and cost settlement
  5 13 with counties involving mental health and mental retardation
  5 14 services.
  5 15    The bill amends Code section 222.68, relating to payment in
  5 16 the first instance by the county of residence for services
  5 17 provided by a state hospital-school.  If a county of residence
  5 18 notifies the department of revenue and finance that the person
  5 19 who received the services has legal settlement in another
  5 20 county, has no legal settlement, or the legal settlement is
  5 21 unknown, the administrator of the division of mental health
  5 22 and developmental disabilities of the department of human
  5 23 services is to request the attorney general to bring a cause
  5 24 of action to determine legal settlement.  If the action is not
  5 25 brought within 45 days of the request, the county is not
  5 26 liable for the billing and no further claim is to be made.
  5 27 This 45-day response period is applied to any claim for
  5 28 services under the state hospital-school Code chapter.
  5 29    The bill amends Code section 230.22, relating to the state
  5 30 mental health institutes, in the same manner.
  5 31    The bill amends Code section 230.12, relating to legal
  5 32 settlement disputes involving the state mental health
  5 33 institutes, to include the state in provisions for
  5 34 reimbursement of costs plus interest and legal fees and
  5 35 payment of a penalty to the county which originally paid the
  6  1 costs.
  6  2    The bill amends Code section 249A.12, relating to medical
  6  3 assistance (Medicaid) provided to patients with mental
  6  4 retardation and to financial responsibility for the
  6  5 assistance.  The bill requires the department to itemize the
  6  6 billings to counties.  If the department does not forward a
  6  7 billing received from a provider to the county within 45 days
  6  8 of receiving it (current law provides a goal period of 60
  6  9 days), the county may reduce the billed amount by one percent
  6 10 per calendar month or portion of a calendar month beyond the
  6 11 45 days.  Unless the department responds within a 45-day time
  6 12 period when legal settlement or a claim is disputed, the
  6 13 county that received the billing is no longer liable for the
  6 14 claim.
  6 15    Current law provides that the goal for completion and
  6 16 crediting of a county for cost settlement for the actual costs
  6 17 of a home and community-based waiver service is within 270
  6 18 days of the close of a fiscal year for which cost reports are
  6 19 due from providers.  Under the bill, if the department
  6 20 completes the crediting after the goal period, the credit
  6 21 amount is to be increased by 1 percent per calendar month or
  6 22 portion of a calendar month beyond the goal period.
  6 23    The department is required to report annually on its
  6 24 performance in meeting the goals for billing and credits.
  6 25 Effective July 1, 2000, if the billing goal is not met, the
  6 26 county is no longer liable for the billing.
  6 27    The bill provides that disputed billings submitted before
  6 28 July 1, 1997, to a county for state hospital-school or state
  6 29 mental health institute services that are not settled as of
  6 30 June 30, 1999, effective July 1, 1999, the billings are null
  6 31 and void, the county is not liable for the billings, and no
  6 32 further claim for the expenses associated with the billings
  6 33 shall be made.  
  6 34 LSB 2764HH 78
  6 35 jp/sc/14
     

Text: HF00574                           Text: HF00576
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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