Text: HF00574 Text: HF00576 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 paysthat 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 anyIf a county failfails 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, that2 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 sixtyforty-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 placecredit all reimbursements 4 35 received from counties inunder 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
© 1999 Cornell College and League of Women Voters of Iowa
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