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House File 2245

Partial Bill History

Bill Text

PAG LIN
  1  1                                        HOUSE FILE 2245
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE MEDICAL ASSISTANCE PROGRAM, MAKING APPROPRIATIONS
  1  5    AND TRANSFERS OF FUNDS, AND PROVIDING AN EFFECTIVE DATE.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  DEPARTMENT OF HUMAN SERVICES APPROPRIATION –
  1 10 SENIOR LIVING TRUST FUND – MEDICAL ASSISTANCE.  After
  1 11 applying the reduction made pursuant to executive order number
  1 12 24 to the appropriation made to the department of human
  1 13 services for the medical assistance program for the fiscal
  1 14 year beginning July 1, 2001, and ending June 30, 2002, there
  1 15 is appropriated from the senior living trust fund created in
  1 16 section 249H.4, to the department of human services for the
  1 17 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  1 18 the following amount, or so much thereof as is necessary, to
  1 19 supplement appropriations made for the following designated
  1 20 purpose:
  1 21    To supplement the appropriation made for the medical
  1 22 assistance program in 2001 Iowa Acts, chapter 184, section 1;
  1 23 2001 Iowa Acts, chapter 191, section 7; 2001 Iowa Acts,
  1 24 chapter 192, section 2; and any appropriation made for fiscal
  1 25 year 2001-2002 for the medical assistance program in this or
  1 26 any other Act:  
  1 27 .................................................. $ 39,000,000
  1 28    Sec. 2.  DEPARTMENT OF HUMAN SERVICES – SENIOR LIVING
  1 29 TRUST FUND – TRANSFER.  For the fiscal year beginning July 1,
  1 30 2001, and ending June 30, 2002, there is transferred from the
  1 31 appropriation made to the department of human services
  1 32 pursuant to 2001 Iowa Acts, chapter 192, section 2, subsection
  1 33 1, to provide grants to nursing facilities for conversion to
  1 34 assisted living programs or to provide long-term care
  1 35 alternatives, the following amount, or so much thereof as is
  2  1 necessary, to supplement the appropriation made for the
  2  2 medical assistance program in 2001 Iowa Acts, chapter 184,
  2  3 section 1; 2001 Iowa Acts, chapter 191, section 7; 2001 Iowa
  2  4 Acts, chapter 192, section 2; and any appropriation made for
  2  5 fiscal year 2001-2002 for the medical assistance program in
  2  6 this or any other Act:  
  2  7 .................................................. $  9,500,000
  2  8    Sec. 3.  DEPARTMENT OF HUMAN SERVICES – TOBACCO SETTLEMENT
  2  9 FUND – APPROPRIATION – MEDICAL ASSISTANCE.  For the fiscal
  2 10 year beginning July 1, 2001, and ending June 30, 2002, there
  2 11 is appropriated from the endowment for Iowa's health account
  2 12 of the tobacco settlement trust fund created in section
  2 13 12E.12, to the department of human services the following
  2 14 amount, or so much thereof as is necessary, to supplement the
  2 15 appropriation made for the medical assistance program in 2001
  2 16 Iowa Acts, chapter 184, section 1; 2001 Iowa Acts, chapter
  2 17 191, section 7; 2001 Iowa Acts, chapter 192, section 2; and
  2 18 any appropriation made for fiscal year 2001-2002 for the
  2 19 medical assistance program in this or any other Act:  
  2 20 .................................................. $  2,500,000
  2 21    Sec. 4.  DEPARTMENT OF HUMAN SERVICES APPROPRIATION –
  2 22 HOSPITAL TRUST FUND.
  2 23    1.  There is appropriated from the hospital trust fund
  2 24 created in section 249I.4 to the department of human services
  2 25 for the fiscal year beginning July 1, 2001, and ending June
  2 26 30, 2002, the following amount, or so much thereof as is
  2 27 necessary, to be used to supplement the appropriation made for
  2 28 the medical assistance program in 2001 Iowa Acts, chapter 184,
  2 29 section 1; 2001 Iowa Acts, chapter 191, section 7; 2001 Iowa
  2 30 Acts, chapter 192, section 2; and any appropriation made for
  2 31 fiscal year 2001-2002 for the medical assistance program in
  2 32 this or any other Act:  
  2 33 .................................................. $  7,000,000
  2 34    2.  Following the appropriation of moneys pursuant to
  2 35 subsection 1, of the moneys remaining in the hospital trust
  3  1 fund, $2,500,000 shall be transferred to and deposited in the
  3  2 endowment for Iowa's health account of the tobacco settlement
  3  3 trust fund created in section 12E.12.
  3  4    3.  Following the appropriation of moneys pursuant to
  3  5 subsection 1, and the transfer and deposit of moneys pursuant
  3  6 to subsection 2, any remaining moneys in the hospital trust
  3  7 fund shall be transferred to and deposited in the senior
  3  8 living trust fund created in section 249H.4.
  3  9    Sec. 5.  FEDERAL FUNDS – CONTINGENCY – TOBACCO SETTLEMENT
  3 10 FUND – MEDICAL ASSISTANCE.  If federal funds are not received
  3 11 in accordance with chapter 249I, during the fiscal year
  3 12 beginning July 1, 2001, and ending June 30, 2002, there is
  3 13 appropriated from the endowment for Iowa's health account of
  3 14 the tobacco settlement trust fund created in section 12E.12,
  3 15 to the department of human services for that fiscal year the
  3 16 following amount or so much thereof as is necessary, to be
  3 17 used to supplement the appropriation made for the medical
  3 18 assistance program in 2001 Iowa Acts, chapter 184, section 1;
  3 19 2001 Iowa Acts, chapter 191, section 7; 2001 Iowa Acts,
  3 20 chapter 192, section 2; and any appropriation made for fiscal
  3 21 year 2001-2002 for the medical assistance program in this or
  3 22 any other Act:  
  3 23 .................................................. $  7,000,000
  3 24    1.  However, if federal funds are received in accordance
  3 25 with chapter 249I at any time during the succeeding fiscal
  3 26 year, the first $7,000,000 shall be transferred to and
  3 27 deposited in the endowment for Iowa's health account of the
  3 28 tobacco settlement trust fund created in section 12E.12.
  3 29    2.  If federal funds are not received as provided in
  3 30 subsection 1, the department of human services shall transfer
  3 31 $7,000,000 of the moneys appropriated to the department in
  3 32 that fiscal year to the endowment for Iowa's health account of
  3 33 the tobacco settlement trust fund created in section 12E.12.
  3 34    Sec. 6.  FEDERAL FUNDS – TRANSFER AND DEPOSIT IN TRUST
  3 35 FUNDS.  If federal funding is not received during the fiscal
  4  1 year beginning July 1, 2001, in accordance with chapter 249I,
  4  2 but unanticipated federal funding is received during the
  4  3 fiscal years beginning July 1, 2001, or beginning July 1,
  4  4 2002, the purpose of which is to reimburse the costs of the
  4  5 medical assistance program, the unanticipated funding received
  4  6 shall be credited as follows:
  4  7    1.  Of the moneys received, $2,500,000 shall be credited to
  4  8 the endowment for Iowa's health account of the tobacco
  4  9 settlement trust fund created in section 12E.12.
  4 10    2.  Following the crediting of moneys pursuant to
  4 11 subsection 1, any remaining moneys received shall be credited
  4 12 to the senior living trust fund created in section 249H.4.
  4 13    Sec. 7.  MEDICAL ASSISTANCE – REPORTING REQUIREMENTS –
  4 14 DENTAL SERVICES FOR ADULTS – PHARMACEUTICAL COPAYMENT.
  4 15    1.  The department of human services shall require
  4 16 applicants for or recipients of medical assistance to report
  4 17 changes in income or resources that affect eligibility on a
  4 18 monthly basis.
  4 19    2.  Beginning March 1, 2002, adults receiving dental
  4 20 services under the medical assistance program shall receive
  4 21 only preventive services, diagnostic services, restorative
  4 22 services limited to white and silver fillings, and prosthetic
  4 23 services limited to dentures only if the dentures are
  4 24 necessary to establish masticatory function.
  4 25    3.  The department of human services shall require
  4 26 recipients of medical assistance to pay the following
  4 27 copayment on each covered drug prescription, including each
  4 28 refill as follows:
  4 29    a.  A copayment of $1 for each covered generic drug
  4 30 prescription.
  4 31    b.  A copayment of $1 for each covered brand-name drug
  4 32 prescription for which the cost to the state is less than $25.
  4 33    c.  A copayment of $2 for each covered brand-name drug
  4 34 prescription for which the cost to the state is between $25
  4 35 and $50.
  5  1    d.  A copayment of $3 for each covered brand-name drug
  5  2 prescription for which the cost to the state is over $50.
  5  3    Sec. 8.  MEDICAL ASSISTANCE ADVISORY GROUP.
  5  4    1.  The department of human services shall convene a joint
  5  5 legislative and executive branch medical assistance advisory
  5  6 group to provide ongoing analysis and recommendations
  5  7 regarding the medical assistance program in this state.  The
  5  8 membership of the advisory group shall consist of the
  5  9 chairpersons and ranking members of the human services
  5 10 appropriations subcommittee, the director of the department of
  5 11 management, and the director of human services.  The goal of
  5 12 the advisory group shall be to propose recommendations for
  5 13 systemic changes in the medical assistance program to reduce
  5 14 state costs.
  5 15    2.  The advisory group shall consider, at a minimum, the
  5 16 reports and recommendations of the joint legislative and
  5 17 executive branch medical assistance work group that met in
  5 18 fall 2001, including but not limited to recommendations
  5 19 related to alternative forecasting methods in determining
  5 20 participation in the medical assistance program and options
  5 21 relating to prescription drugs.  The advisory group shall also
  5 22 consult with national and regional entities, including but not
  5 23 limited to the national conference of state legislatures, the
  5 24 council of state governments, the national governors
  5 25 association, and other entities that may provide assistance in
  5 26 addressing growth in and cost-containment strategies related
  5 27 to the medical assistance program.
  5 28    3.  The advisory group shall submit a report to the fiscal
  5 29 committee and to the chairpersons and members of the human
  5 30 services appropriations subcommittee no later than June 1,
  5 31 2002.  The advisory group shall meet, as necessary, to
  5 32 continue review of the medical assistance program.
  5 33    Sec. 9.  NEW SECTION.  249A.20A  NURSING FACILITIES – DUAL
  5 34 CERTIFICATION REQUIRED.
  5 35    Beginning October 1, 2002, all licensed nursing facilities
  6  1 shall be certified under both the federal Medicare program and
  6  2 the medical assistance program as a condition for
  6  3 participation in the medical assistance program.
  6  4    Sec. 10.  EMERGENCY RULES.  If it is necessary to adopt
  6  5 rules to implement a provision of this Act, the department of
  6  6 human services may adopt administrative rules under section
  6  7 17A.4, subsection 2, and section 17A.5, subsection 2,
  6  8 paragraph "b", to implement the provisions and the rules shall
  6  9 become effective immediately upon filing, unless the effective
  6 10 date is delayed by the administrative rules review committee,
  6 11 notwithstanding section 17A.4, subsection 5, and section
  6 12 17A.8, subsection 9, or a later effective date is specified in
  6 13 the rules.  Any rules adopted in accordance with this section
  6 14 shall not take effect before the rules are reviewed by the
  6 15 administrative rules review committee.  Any rules adopted in
  6 16 accordance with the provisions of this section shall also be
  6 17 published as notice of intended action as provided in section
  6 18 17A.4.
  6 19    Sec. 11.  EFFECTIVE DATE.  This Act, being deemed of
  6 20 immediate importance, takes effect upon enactment.  
  6 21 
  6 22 
  6 23                                                             
  6 24                               BRENT SIEGRIST
  6 25                               Speaker of the House
  6 26 
  6 27 
  6 28                                                             
  6 29                               MARY E. KRAMER
  6 30                               President of the Senate
  6 31 
  6 32    I hereby certify that this bill originated in the House and
  6 33 is known as House File 2245, Seventy-ninth General Assembly.
  6 34 
  6 35 
  7  1                                                             
  7  2                               MARGARET THOMSON
  7  3                               Chief Clerk of the House
  7  4 Approved                , 2002
  7  5 
  7  6 
  7  7                            
  7  8 THOMAS J. VILSACK
  7  9 Governor
     

Text: HF02244                           Text: HF02246
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