House Journal: Page 1365: Thursday, April 15, 1999

33   shall be specified in rules developed by the

34   department of human services in consultation with the
35   state-county management committee and adopted by the
36   council on human services. Initially, this part of
37   the plan shall be submitted to the 
department for
38   approval on or before October 1, 1996, 
and shall be
39   implemented on or before January 1, 1997.  
In fiscal
40   years succeeding the fiscal year of initial
41   implementation, this part of the plan shall 
be
42   submitted to the department of human 
services for
43   approval by April 1 for the succeeding 
fiscal year.
44     e.  Changes to the approved plan are 
submitted at
45   least sixty days prior to the proposed 
change and are
46   not to be implemented prior to the 
director of human
47   services' approval.
48     Sec. ___.  EFFECTIVE DATE - APPLICABILITY.  This
49   division of this Act takes effect July 1, 2000, except
50   that the management plan and planning process
Page 6
 1   provisions under section 331.439, as amended by this
 2   division of this Act, take effect upon enactment and
 3   are applicable for purposes of preparation and
 4   submission of the management plan by April 1, 2000,
 5   for the fiscal year beginning July 1, 2000.
 6    	DIVISION ___
 7     RESIDENTIAL CARE FACILITIES FOR PERSONS WITH MENTAL
 8                             RETARDATION
 9     Sec. ___.  Section 135C.6, subsection 8, paragraphs
10   a and b, Code 1999, are amended to read as follows:
11     a.  A residential program which provides care to
12   not more than four individuals and receives moneys
13   appropriated to the department of human services under
14   provisions of a federally approved home and community-
15   based services waiver for persons with mental
16   retardation or other medical assistance program under
17   chapter 249A.  In approving a residential program
18   under this paragraph, the department of human services
19   shall consider the geographic location of the program
20   so as to avoid an overconcentration of such programs
21   in an area. In order to be approved under this
22   paragraph, a residential program shall not be required
23   to involve the conversion of a licensed residential
24   care facility for persons with mental retardation.
25     b.  A total of twenty forty residential care
26   facilities for persons with mental retardation which
27   are licensed to serve no more than five individuals
28   may be authorized by the department of human services
29   to convert to operation as a residential program under
30   the provisions of a medical assistance home and
31   community-based services waiver for persons with

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