Text: HF02243                           Text: HF02245
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2244

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  225D.1  TITLE.
  1  2    This chapter shall be known and may be cited as the "Iowa
  1  3 Community Assistance Services Act".
  1  4    Sec. 2.  NEW SECTION.  225D.2  PURPOSE.
  1  5    1.  The purpose of this chapter is to establish home and
  1  6 community-based services as a viable option for elders and
  1  7 persons with disabilities.
  1  8    2.  The purpose of this chapter shall be accomplished
  1  9 through all of the following:
  1 10    a.  Establishing a single, coordinated, and comprehensive
  1 11 statewide program of personal assistance services.
  1 12    b.  Consolidating existing personal assistance services
  1 13 waiver and pilot programs into an integrated system.
  1 14    c.  Reviewing and consolidating long-term care and personal
  1 15 assistance services funding structures.
  1 16    d.  Allocating available funds and leveraging available
  1 17 state and other funds for receipt of federal funds.
  1 18    e.  Reviewing state administrative rules and redesigning
  1 19 funding structures to encourage community-based personal
  1 20 assistance services in lieu of institutional services.
  1 21    f.  Requiring that community-based personal assistance
  1 22 services programs conform to principles ensuring consumer
  1 23 control, choice of service models, availability to eligible
  1 24 consumers, and functional needs-based eligibility regardless
  1 25 of type of disability or age.
  1 26    3.  The purpose of this chapter shall also be accomplished
  1 27 by emphasizing the provision of personal assistance services
  1 28 in the workplace and in other settings to promote school-to-
  1 29 work initiatives, workforce development, and the competitive
  1 30 employment of persons with disabilities.
  1 31    Sec. 3.  NEW SECTION.  225D.3  DEFINITIONS.
  1 32    For the purposes of this chapter unless the context
  1 33 otherwise requires:
  1 34    1.  "Activities of daily living" means personal care
  1 35 activities that are routinely part of daily living, including
  2  1 but not limited to eating, toileting, dressing, grooming,
  2  2 personal hygiene, bathing, transferring, taking medications,
  2  3 managing money, preparing meals, shopping, child care, light
  2  4 housekeeping, using the telephone, and transportation.
  2  5    2.  "Agency provider service option" means the method of
  2  6 service provision whereby the personal assistant is employed
  2  7 by a provider agency, supervised and evaluated by the
  2  8 consumer, and the agency is the personal assistant's employer
  2  9 of record.
  2 10    3.  "Centers for independent living" means centers for
  2 11 independent living as defined in 29 U.S.C. } 796a.
  2 12    4.  "Consumer" means a recipient of personal assistance
  2 13 services.
  2 14    5.  "Consumer-directed" means the mode of service delivery
  2 15 that affords the consumer the maximum control to select,
  2 16 manage, train, and dismiss the consumer's personal assistant,
  2 17 regardless of the employer of record, and allows the consumer
  2 18 control over the manner of service delivery.
  2 19    6.  "Department" means the department of human services.
  2 20    7.  "Disability" means disability as defined in section
  2 21 225C.46.
  2 22    8.  "Elder" means an individual fifty-five years of age or
  2 23 older.
  2 24    9.  "Employment-related personal assistance services" means
  2 25 the range of services, provided by one or more persons,
  2 26 designed to assist a consumer in performing activities of
  2 27 daily living to enhance the competitive employment of the
  2 28 consumer, whether or not during the course of the workday,
  2 29 that the consumer would typically perform personally, if the
  2 30 consumer did not have a disability.
  2 31    10.  "Fiscal intermediary option" means the method of
  2 32 service provision whereby the personal assistant is employed
  2 33 at the pleasure of and is evaluated by the consumer.  Under
  2 34 this option, payment for a consumer's personal assistance
  2 35 services is made through a fiscal agent who is not the
  3  1 employer of record.
  3  2    11.  "Functional need" means the need for personal
  3  3 assistance based on the abilities and limitations of the
  3  4 consumer, regardless of age, medical diagnosis, or other basis
  3  5 for determining a disability.
  3  6    12.  "Health professional" means a person licensed or
  3  7 certified to provide health care services of any kind.
  3  8    13.  "Health-related tasks" means tasks performed to
  3  9 preserve or improve health that can safely be performed by a
  3 10 qualified unlicensed person or delegated to a qualified
  3 11 unlicensed person by a health professional, such as dispensing
  3 12 medication, ventilator care, and tube feeding.
  3 13    14.  "Independent living environment" means an individual's
  3 14 noninstitutional residence, or other setting where the
  3 15 individual participates in community activities and commerce,
  3 16 including but not limited to education, competitive
  3 17 employment, recreation, and community events.
  3 18    15.  "Individualized funding authorization service option"
  3 19 means the method of service provision whereby a capitated cash
  3 20 amount, based on functional need, is assigned to each consumer
  3 21 rather than paid directly to a provider agency, allowing the
  3 22 consumer discretion and flexibility in obtaining personal
  3 23 assistance services and supports.
  3 24    16.  "Major life activity" means major life activity as
  3 25 defined in section 225C.46.
  3 26    17.  "Personal assistance and family support services
  3 27 council" means the personal assistance and family support
  3 28 services council created in section 225C.48.
  3 29    18.  "Personal assistance services" means an action to
  3 30 assist an elder or a person with a disability in accomplishing
  3 31 activities of daily living to compensate for a functional
  3 32 limitation, including but not limited to tasks that the
  3 33 consumer would accomplish personally but for a disability.
  3 34    19.  "Personal assistant" means the individual who directly
  3 35 provides personal assistance services.
  4  1    20.  "Substantially limits" means substantially limits as
  4  2 defined in section 225C.46.
  4  3    Sec. 4.  NEW SECTION.  225D.4  DEVELOPMENT OF
  4  4 NONINSTITUTIONAL PERSONAL ASSISTANCE SERVICES PROGRAM –
  4  5 SERVICES OFFERED.
  4  6    1.  The department shall develop a comprehensive program of
  4  7 noninstitutional personal assistance services that provides
  4  8 all of the following:
  4  9    a.  Personal care services including but not limited to
  4 10 assistance with bathing and personal hygiene, dressing,
  4 11 grooming, lifting and transferring, feeding, bowel and bladder
  4 12 care, and child care.
  4 13    b.  Household chore services, including but not limited to
  4 14 assistance with meal preparation, shopping, cleaning, and
  4 15 laundry.
  4 16    c.  Cognitive services including but not limited to
  4 17 assistance with money management, use of medications, reading,
  4 18 writing, interpreting, and cueing related to activities of
  4 19 daily living.
  4 20    d.  Services to assist consumers with mobility, including
  4 21 but not limited to escorting and driving.
  4 22    e.  Health-related tasks, including but not limited to
  4 23 medical tasks.
  4 24    f.  Employment-related services to support working
  4 25 individuals with disabilities, provided to the extent
  4 26 necessary to enable individuals with disabilities to remain
  4 27 employed.
  4 28    g.  As necessary and appropriate, and in accordance with
  4 29 consumer choice, other services designed to safeguard the
  4 30 health, safety, and well-being of the consumer.
  4 31    2.  The program shall be based on the premise that a
  4 32 consumer, at the consumer's discretion, should be able to
  4 33 avoid institutional placement and to choose the consumer's own
  4 34 preferred mode of noninstitutional personal assistance
  4 35 services.
  5  1    3.  The program shall offer consumers a continuum of
  5  2 options in personal assistance services including a consumer-
  5  3 directed option, an agency provider service option, a fiscal
  5  4 intermediary option, and an individualized funding
  5  5 authorization service option.
  5  6    4.  Services shall be provided in competitive employment
  5  7 environments, in the home, at school, and in places of
  5  8 commerce in the community.
  5  9    Sec. 5.  NEW SECTION.  225D.5  DEVELOPMENT OF PROGRAM
  5 10 SERVICES – TRANSITION PLAN.
  5 11    The department, in consultation with the department of
  5 12 elder affairs, the Iowa department of public health, the
  5 13 department of workforce development, the department of
  5 14 education, division of vocational rehabilitation, the Iowa
  5 15 state association of counties, and the personal assistance and
  5 16 family support services council, shall convene a planning
  5 17 committee, which includes consumers and family members,
  5 18 advocates of consumers, and providers of services to
  5 19 consumers, to assist in the development of a personal
  5 20 assistance services program based on principles and standards
  5 21 described in this chapter.  Implementation of the program
  5 22 shall begin no later than March 1, 2001.  The program may be
  5 23 implemented in phases and may initially be implemented on a
  5 24 county or regional basis with a long-term goal of statewide
  5 25 implementation.  The program may be implemented as funding
  5 26 becomes available and in accordance with any requirements for
  5 27 expenditure of funding.  The initial phase may emphasize
  5 28 workforce development, targeted at a specific age cohort.  At
  5 29 a minimum, the program shall include or accomplish all of the
  5 30 following:
  5 31    1.  Designate a lead agency to be responsible for
  5 32 administering the personal assistance services program.
  5 33    2.  Provide that the personal assistance and family support
  5 34 services policy council assist in the design, implementation,
  5 35 marketing, and evaluation of the state's personal assistance
  6  1 services program.
  6  2    3.  Provide a consumer-level administrative oversight and
  6  3 technical assistance mechanism relating to the planning,
  6  4 administrative rules development, and implementation of the
  6  5 personal assistance services program.
  6  6    4.  Provide for a transition process, with action steps and
  6  7 time lines, describing how the state will make personal
  6  8 assistance services a viable option that is more cost-
  6  9 effective and responsive to the needs and preferences of
  6 10 consumers.
  6 11    5.  Describe a process for consolidating all
  6 12 noninstitutional personal assistance services programs funded
  6 13 through the medical assistance program.
  6 14    6.  Describe the type of personal assistance services to be
  6 15 provided under the program.
  6 16    7.  Describe the method of delivery of personal assistance
  6 17 services and how such services will be delivered statewide.
  6 18    8.  Evaluate the feasibility of further reducing costs and
  6 19 addressing consumer needs and preferences through the
  6 20 provision of auxiliary services such as assistive technology
  6 21 and home modifications.
  6 22    9.  Describe a program intake process that will be uniform
  6 23 throughout the state.
  6 24    10.  Review and consolidate the eligibility requirements,
  6 25 intake processes, assessment tools, and other relevant
  6 26 processes of all existing personal assistance services waiver
  6 27 and pilot programs into a single, comprehensive system.
  6 28    11.  Describe the standards and mechanisms for copayments
  6 29 or cost-sharing and the methods used to determine income
  6 30 eligibility of persons with disabilities and elders.
  6 31    12.  Determine quality assurance outcomes and safeguards
  6 32 against physical, emotional, or financial abuse and
  6 33 exploitation.
  6 34    13.  Describe the appeal process.
  6 35    14.  Describe how the barriers and disincentives that
  7  1 currently discourage people from becoming personal assistants,
  7  2 including low wages, lack of benefits, and lack of
  7  3 certification standards, can be removed.
  7  4    15.  Address the issues of provider and consumer liability.
  7  5    16.  Describe acceptable methods whereby independent
  7  6 personal assistance services providers may pool resources to
  7  7 ensure adequate coverage provisions for health insurance,
  7  8 liability insurance, and workers' compensation insurance.
  7  9    Sec. 6.  NEW SECTION.  225D.6  PROGRAM STANDARDS AND
  7 10 ELIGIBILITY CRITERIA.
  7 11    1.  All noninstitutional personal assistance services
  7 12 programs funded through or by the department under this
  7 13 chapter shall meet all of the following minimum standards:
  7 14    a.  To the maximum extent possible, consumers, at the
  7 15 individual consumer's discretion, shall select, manage, and
  7 16 control the consumer's personal assistance services and shall
  7 17 be provided consistency of services.
  7 18    b.  Eligibility shall be based on functional need, rather
  7 19 than medical diagnosis, type of disability, or age.
  7 20    c.  Services shall be provided in consumers' homes and
  7 21 other independent living environments, schools, places of
  7 22 employment, community recreational settings, and in places of
  7 23 commerce in the community such as banks, grocery stores, and
  7 24 shops.
  7 25    d.  The service system shall be capable of providing
  7 26 personal assistance services twenty-four hours a day, seven
  7 27 days a week, and when necessary, provide substitute and
  7 28 emergency personal assistance services.
  7 29    e.  Copayments and cost-sharing shall be required of
  7 30 eligible consumers whose adjusted gross income exceeds one
  7 31 hundred fifty percent of the federal poverty level as defined
  7 32 by the most recently revised poverty income guidelines
  7 33 published by the United States department of health and human
  7 34 services.  Copayments and cost-sharing requirements shall be
  7 35 structured so that they are not a disincentive to competitive
  8  1 employment.  The amount of the premium shall be based on a
  8  2 sliding fee scale adopted by rule of the department and shall
  8  3 be based on a percentage of the consumer's income.
  8  4    f.  The consumer shall determine the consumer's own
  8  5 schedule of services, with assistance from the department or
  8  6 centers for independent living personnel.  The schedule shall
  8  7 specify types and frequency of services and supports.
  8  8 Consumers shall be provided an opportunity to choose between
  8  9 different service delivery options including the agency
  8 10 provider service option, the fiscal intermediary option, the
  8 11 individualized funding authorization service option, and the
  8 12 consumer-directed option.  To the maximum extent possible and
  8 13 allowed under federal law, consumers may select and hire their
  8 14 own personal assistants, including family members.
  8 15    g.  Provision shall be made for consumers to be offered
  8 16 training in financial management relating to the expense of
  8 17 managing personal assistance services and training relating to
  8 18 selection, management, and dismissal of personal assistants.
  8 19    2.  The department shall ensure that consumers are fully
  8 20 informed of and accorded their rights and options with respect
  8 21 to selecting, managing, and changing their personal assistance
  8 22 services and their rights to privacy and confidentiality.
  8 23 Consumers shall have a right of appeal.  The department shall
  8 24 adopt rules, pursuant to chapter 17A, regarding the appeal
  8 25 process to be provided pursuant to this subsection.
  8 26    3.  A consumer shall be eligible for personal assistance
  8 27 services under this chapter if the consumer is of any age and
  8 28 meets any of the following criteria:
  8 29    a.  Is an individual with a disability including cognitive,
  8 30 psychiatric, sensory, or physical disability.
  8 31    b.  Is an individual with a functional need that
  8 32 substantially limits one or more of the major life activities.
  8 33    c.  Is an individual who has a functional need that limits
  8 34 ability to perform one or more activities of daily living.
  8 35    d.  Is an individual who needs assistance with the
  9  1 performance of health-related tasks.
  9  2    4.  A comprehensive assessment, which includes the
  9  3 consumer's self-evaluation of the consumer's needs and
  9  4 abilities, shall be made for the purpose of all of the
  9  5 following:
  9  6    a.  To determine the level of personal assistance services
  9  7 needed and wanted by the consumer.
  9  8    b.  To establish a monthly allocation for payment of such
  9  9 services.
  9 10    c.  To establish the required personal assistance services
  9 11 contract between the consumer and the consumer's personal
  9 12 assistant.
  9 13    5.  A provider of personal assistance services shall not
  9 14 complete the comprehensive assessment.
  9 15    6.  The department shall establish a uniform mechanism to
  9 16 assess eligibility for personal assistance services, subject
  9 17 to the approval of the personal assistance and family support
  9 18 services council.
  9 19    Sec. 7.  NEW SECTION.  225D.7  PERSONAL ASSISTANCE SERVICES
  9 20 CONTRACTS.
  9 21    1.  An initial personal assistance services contract shall
  9 22 be developed between the consumer and the consumer's personal
  9 23 assistant, prior to any payment disbursement by the state for
  9 24 personal assistance services under this chapter, and shall be
  9 25 updated annually, at a minimum, and when changes occur.  The
  9 26 contract shall meet all of the following requirements:
  9 27    a.  Be developed with the consumer or the consumer's
  9 28 representative, and, if appropriate, the family of the
  9 29 consumer, in conjunction with the personal assistant.
  9 30    b.  Be approved by the consumer or, if appropriate, the
  9 31 consumer's representative, and the personal assistant.
  9 32    2.  The consumer and the personal assistant shall each be
  9 33 provided with a copy of the contract.
  9 34    3.  The consumer shall provide a copy of the contract to
  9 35 the department.
 10  1    4.  The personal assistance services contract shall specify
 10  2 all of the following:
 10  3    a.  The scope of personal assistance services to be
 10  4 provided.
 10  5    b.  The duties of the employer of record.
 10  6    c.  The duties of the personal assistant.
 10  7    d.  By whom and how the personal assistant will be trained.
 10  8    e.  The method of payment for services.
 10  9    f.  The amount of any copayment amount or cost-sharing.
 10 10    g.  The number of hours of services to be provided.
 10 11    h.  The method of service delivery.
 10 12    i.  The means of ensuring substitute and emergency personal
 10 13 assistance services and the method of accessing these
 10 14 services.
 10 15    j.  Emergency, illness, and absence procedures relative to
 10 16 the personal assistant.
 10 17    k.  The initial assessment and frequency of reassessment of
 10 18 the needs of the consumer.
 10 19    l.  The means to adjust services and hours when changes are
 10 20 needed.
 10 21    m.  The personal assistant's use of personal items, if any.
 10 22    n.  A mechanism to coordinate personal assistance services
 10 23 with other health care services received by the consumer.
 10 24    o.  The degree and frequency of supervision of the personal
 10 25 assistant necessary for the effective delivery of personal
 10 26 assistance services and identification of the provider of
 10 27 supervision.
 10 28    p.  Outcome measures used to assess the quality of
 10 29 services.
 10 30    q.  Complaint and appeal procedures.
 10 31    r.  The method for termination of services.
 10 32    Sec. 8.  NEW SECTION.  225D.8  QUALITY ASSURANCE AND
 10 33 SAFEGUARDS.
 10 34    1.  The department and the personal assistance and family
 10 35 support services council shall develop a quality mechanism to
 11  1 be used by the consumer and an ombudsperson to assess service
 11  2 quality.
 11  3    2.  The service quality mechanism shall be based on
 11  4 consumer satisfaction of services provided and the life
 11  5 outcomes of a consumer.
 11  6    3.  The services quality mechanism shall, at a minimum,
 11  7 measure the extent to which the personal assistance services
 11  8 provided accomplish all of the following:
 11  9    a.  Meet the health and safety needs of the consumer while
 11 10 recognizing that risk taking by the consumer is an important
 11 11 freedom and facilitates self-reliance.
 11 12    b.  Provide for meaningful input by the consumer or the
 11 13 consumer's representative.
 11 14    c.  Adhere to contractual requirements to meet the
 11 15 individual needs of the consumer.
 11 16    d.  Safeguard the consumer from abuse, neglect, and
 11 17 exploitation while respecting personal choice.
 11 18    e.  Ensure all of the following:
 11 19    (1)  Training to the consumer or the consumer's
 11 20 representative relating to the hiring, supervision, and
 11 21 training of personal assistants, and the responsibilities of
 11 22 an employer of record.
 11 23    (2)  Consumer access to background information concerning
 11 24 prospective and current personal assistants from the state's
 11 25 abuse registry, driver's license information, criminal record,
 11 26 and workers' compensation claims history.
 11 27    Sec. 9.  NEW SECTION.  225D.9  HEALTH-RELATED PERSONAL
 11 28 ASSISTANCE BY QUALIFIED NONMEDICAL PERSONNEL.
 11 29    All personal assistance services delivery options shall
 11 30 provide a mechanism that allows for the delivery of health-
 11 31 related personal assistance services to consumers in the
 11 32 consumer's independent living environment and in the workplace
 11 33 through any of the following:
 11 34    1.  Consumer-directed training of unlicensed persons to
 11 35 provide health-related tasks.
 12  1    2.  Physician delegation of tasks to a qualified unlicensed
 12  2 person.
 12  3    3.  Nurse delegation of tasks to a qualified unlicensed
 12  4 person.
 12  5    Sec. 10.  NEW SECTION.  225D.10  COPAYMENTS AND COST-
 12  6 SHARING FOR SERVICES.
 12  7    1.  The department shall develop a mechanism for copayment
 12  8 and cost-sharing for personal assistance services for
 12  9 consumers whose adjusted gross income is above one hundred and
 12 10 fifty percent of the federal poverty level as defined by the
 12 11 most recently revised poverty income guidelines published by
 12 12 the United States department of health and human services.
 12 13 Priority in serving eligible consumers shall be given to
 12 14 consumers whose income is at or below two hundred and fifty
 12 15 percent of the federal poverty level as defined by the most
 12 16 recently revised poverty income guidelines published by the
 12 17 United States department of health and human services.
 12 18    Sec. 11.  NEW SECTION.  225D.11  EXISTING PROGRAMS –
 12 19 CONSOLIDATION – FUNDING – RIGHTS OF CONSUMERS.
 12 20    1.  On or before October 1, 2000, the department shall, in
 12 21 conjunction with the health care financing administration of
 12 22 the United States department of health and human services,
 12 23 review and develop a plan for consolidation and coordination
 12 24 of funding mechanisms and expenditures relative to health care
 12 25 facility services, intermediate care facilities for persons
 12 26 with mental retardation services, all covered home and
 12 27 community-based services provided under section 1915(c) of the
 12 28 federal Social Security Act, services provided under the
 12 29 personal care option of the medical assistance program, and
 12 30 frail elderly program services.  The plan shall provide for
 12 31 consolidation and coordination of funding mechanisms and
 12 32 expenditures in order to provide funding for the personal
 12 33 assistance services described in this chapter.
 12 34    2.  On or before March 1, 2001, the department shall
 12 35 consolidate all existing personal assistance services pilot
 13  1 and waiver programs into a single, coordinated, and integrated
 13  2 system of personal assistance services.
 13  3    3.  The department shall develop the consolidated plan in a
 13  4 manner that capitalizes on and leverages federal funding to
 13  5 the maximum extent possible under the federal Ticket to Work
 13  6 and Work Incentives Improvement Act of 1999, Pub. L. No. 106-
 13  7 170.
 13  8    4.  Funds allocated to the personal assistance services
 13  9 pilot program established pursuant to section 225C.46, through
 13 10 the department, shall be redirected to be used as state
 13 11 matching funds for federal funds under the medical assistance
 13 12 program.
 13 13    5.  Funds allocated for home and community-based personal
 13 14 attendant services under Title III of the federal Older
 13 15 Americans Act and the social services block grant under Title
 13 16 XX of the federal Social Security Act shall be used for home
 13 17 and community-based personal assistance services described in
 13 18 this chapter.
 13 19    6.  The department shall redirect all cost-savings derived
 13 20 from the consolidation of all noninstitutional personal
 13 21 assistance services programs to be used as state matching
 13 22 funds under the medical assistance program.
 13 23    7.  If funds are reallocated from health care facility
 13 24 services, intermediate care facilities for persons with mental
 13 25 retardation or other institutional services, to
 13 26 noninstitutional personal assistance services, the department
 13 27 shall provide a procedure for decertifying a specified number
 13 28 of health care facility beds, intermediate care facilities for
 13 29 persons with mental retardation beds, and other institutional
 13 30 beds, according to a process jointly developed by the relevant
 13 31 state departments, advocates representing health care
 13 32 facilities and intermediate care facilities for persons with
 13 33 mental retardation residents and their families, and
 13 34 representatives of the health care facility and community
 13 35 rehabilitation program industry.
 14  1    8.  A resident of an institution who wishes to remain in an
 14  2 institutional setting shall not be required to receive
 14  3 personal assistance services in a noninstitutional setting
 14  4 under this chapter.
 14  5    9.  Consumers participating in the personal assistance
 14  6 services pilot program on or before July 1, 2000, administered
 14  7 by the department, shall not be terminated from services as a
 14  8 result of this chapter.
 14  9    10.  This chapter does not create an entitlement to any
 14 10 funds available under this chapter, and funds shall only be
 14 11 expended to the extent funds are available.
 14 12    Sec. 12.  Section 225C.48, subsection 1, Code 1999, is
 14 13 amended to read as follows:
 14 14    1.  An eleven-member A thirteen-member personal assistance
 14 15 and family support services council is created in the
 14 16 department.  The members of the council shall be appointed by
 14 17 the following officials as follows:  governor, five seven
 14 18 members; majority leader of the senate, three members; and
 14 19 speaker of the house, three members.  At least three five of
 14 20 the governor's appointments and one of each legislative
 14 21 chamber's appointments shall be a family member of an
 14 22 individual with a disability as family members of or advocates
 14 23 for persons with disabilities, as disability is defined in
 14 24 section 225C.47 or family members of or advocates for elders
 14 25 as defined in section 225D.3.  At least five of the members
 14 26 shall be consumers of personal services including both
 14 27 consumers who are persons with disabilities and elders.
 14 28 Members shall serve for three-year staggered terms.  A vacancy
 14 29 on the council shall be filled in the same manner as the
 14 30 original appointment.  The members of the council shall be
 14 31 entitled to reimbursement of actual and necessary expenses
 14 32 incurred in the performance of their official duties.  The
 14 33 council shall elect officers from among the council's members.
 14 34    Sec. 13.  Section 225C.48, Code 1999, is amended by adding
 14 35 the following new subsection:
 15  1    NEW SUBSECTION.  3A.  The council shall, in cooperation
 15  2 with the department, the department of elder affairs, and the
 15  3 Iowa department of public health, assist in the design,
 15  4 implementation, marketing, and evaluation of the personal
 15  5 assistance services program pursuant to chapter 225D.  
 15  6                           EXPLANATION
 15  7    This bill provides for the establishment of a comprehensive
 15  8 system of personal assistance services for elders and persons
 15  9 with disabilities.  The bill creates a new Code chapter 225D.
 15 10    Code section 225D.1 provides that the chapter shall be
 15 11 known and may be cited as the "Iowa Community Assistance
 15 12 Services Act".
 15 13    Code section 225D.2 provides the purpose of the chapter and
 15 14 specifies the means for accomplishing the purpose.
 15 15    Code section 225D.3 provides definitions necessary to the
 15 16 chapter.
 15 17    Code section 225D.4 directs the department of human
 15 18 services to develop a comprehensive program of
 15 19 noninstitutional personal assistance services and specifies
 15 20 the services to be included.
 15 21    Code section 225D.5 provides for the development of the
 15 22 program and a transition plan to consolidate the various
 15 23 existing personal assistance services options.  The program is
 15 24 to be developed by the department of human services in
 15 25 consultation with the department of elder affairs, the Iowa
 15 26 department of public health, and the personal assistance and
 15 27 family support services council.  The program is to be
 15 28 implemented no later than March 1, 2001.
 15 29    Code section 225D.6 provides program standards and program
 15 30 eligibility criteria.
 15 31    Code section 225D.7 provides for personal assistance
 15 32 services contracts between consumers and personal assistants.
 15 33    Code section 225D.8 provides for quality assurance and
 15 34 safeguards relating to personal assistance services.
 15 35    Code section 225D.9 provides for delivery of health-related
 16  1 personal assistance services by nonmedical personnel.
 16  2    Code section 225D.10 provides for copayments and cost-
 16  3 sharing for consumers whose adjusted gross income is a certain
 16  4 percentage of the federal poverty level.
 16  5    Code section 225D.11 relates to the consolidation and
 16  6 coordination of existing personal assistance and other
 16  7 services in relation to the new chapter and provides that no
 16  8 entitlements are created by the new chapter.
 16  9    The bill also makes conforming changes in the Code relating
 16 10 to the membership and duties of the personal assistance and
 16 11 family support services council.  
 16 12 LSB 5733HH 78
 16 13 jp/cf/24.1
     

Text: HF02243                           Text: HF02245
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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