Text: SF00170 Text: SF00172 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 237.13, subsection 3, Code 1999, is 1 2 amended to read as follows: 1 3 3. Except as provided in this section, the fund shall pay, 1 4 on behalf of each licensed foster home, any valid and approved 1 5 claim of foster children, their parents, guardians, or 1 6 guardians ad litem, for damages arising from the foster care 1 7 relationship and the provision of foster care services. The 1 8 fund shall alsoreimbursecompensate licensed foster homes for 1 9 property damage, at replacement cost, or for bodily injury, as 1 10 a result of the activities of the foster child, and reasonable 1 11 and necessary legal fees incurred in defense of civil claims 1 12 filed pursuant to subsection 7, paragraph "d", and any 1 13 judgments awarded as a result of such claims. 1 14 Sec. 2. Section 237.13, subsection 4, paragraph g, Code 1 15 1999, is amended by striking the paragraph. 1 16 Sec. 3. Section 237.13, subsection 4, paragraph h, Code 1 17 1999, is amended by striking the paragraph. 1 18 Sec. 4. Section 237.13, subsection 6, Code 1999, is 1 19 amended to read as follows: 1 20 6. The fund is not liable for the firstseventy-fiveone 1 21 hundred dollarsof any claim based on a single occurrencefor 1 22 all claims arising out of one or more occurrences during a 1 23 fiscal year related to a single foster home. The fund is not 1 24 liable for damages in excess of three hundred thousand dollars 1 25for a single foster homefor all claims arising out of one or 1 26 more occurrences during acalendarfiscal year related to a 1 27 single home. 1 28 Sec. 5. Section 237.13, Code 1999, is amended by adding 1 29 the following new subsection: 1 30 NEW SUBSECTION. 10. Pursuant to section 507B.4, 1 31 subsection 7, a person who has been reimbursed, for which a 1 32 claim has been paid, or is covered under the provisions of 1 33 this section shall not be subject to discrimination in the 1 34 provision of homeowner's insurance coverage by reason of such 1 35 reimbursement, payment, or coverage. 2 1 Sec. 6. Section 507B.4, subsection 7, Code 1999, is 2 2 amended by adding the following new paragraph: 2 3 NEW PARAGRAPH. d. Making or permitting any discrimination 2 4 in the sale of homeowner's insurance solely on the basis of 2 5 the payment, reimbursement, or coverage under section 237.13. 2 6 Sec. 7. TRANSITION TO FISCAL YEAR. The limit on foster 2 7 home liability established in section 237.13, subsection 6, in 2 8 effect for the calendar year beginning January 1, 1999, shall 2 9 apply through June 30, 1999. The amendment in this Act to 2 10 section 237.13, subsection 6, affecting the per claim 2 11 liability of the foster home insurance fund, shall first apply 2 12 to the period beginning on the effective date of this Act and 2 13 ending June 30, 1999. 2 14 Sec. 8. This Act, being deemed of immediate importance, 2 15 takes effect upon enactment. 2 16 EXPLANATION 2 17 This bill relates to reimbursement or payment of claims by 2 18 the state for damages involving individuals providing foster 2 19 home, guardian, or conservator services. 2 20 Code section 237.13, establishing the foster home insurance 2 21 fund administered by the department of human services, is 2 22 amended in a number of ways. The bill provides that 2 23 reimbursement of valid claims for property damage shall be at 2 24 replacement cost. 2 25 Code section 237.13, subsection 4, paragraph "g", is 2 26 repealed. This provision provides that the fund is not liable 2 27 for any claim for which compensation has been provided by, or 2 28 is available from, any other source including the child's own 2 29 funds. 2 30 Code section 237.13, subsection 4, paragraph "h", is 2 31 repealed. This paragraph provides that the fund is not liable 2 32 for the liability of a foster parent due solely to the foster 2 33 parent's failure to obtain automobile or homeowner's 2 34 insurance. 2 35 Code section 237.13, subsection 6, is amended to exempt the 3 1 fund from liability for the first $100 for all claims 3 2 involving occurrences in a single foster home during the 3 3 course of a fiscal year. Current law exempts the fund for the 3 4 first $75 for each occurrence. The annual limitation on all 3 5 claims is changed to apply to the fiscal year rather than the 3 6 calendar year. 3 7 Code section 237.13 is also amended to prohibit 3 8 discrimination in the provision of homeowner's insurance 3 9 coverage because a person has been reimbursed or a claim has 3 10 been paid under this section on behalf of the person. 3 11 Code section 507B.4, relating to unfair discrimination or 3 12 trade practices in the provision of insurance, is amended to 3 13 prohibit discrimination in the provision of homeowner's 3 14 insurance coverage because a person has been reimbursed or a 3 15 claim has been paid under the foster home insurance fund law 3 16 on behalf of the person. 3 17 The bill includes a transition period for the bill's 3 18 amendments to Code section 237.13, subsection 6, relating to 3 19 the foster home's per claim liability and overall liability. 3 20 The change to the per claim liability for the fiscal year 3 21 initially applies to the period beginning on the effective 3 22 date of the bill and ending June 30, 1999. The change to the 3 23 overall liability for the fiscal year in place of the calendar 3 24 year begins July 1, 1999. 3 25 The bill takes effect upon enactment. 3 26 LSB 1003XS 78 3 27 jp/cf/24
Text: SF00170 Text: SF00172 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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