Text: H08264                            Text: H08266
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8265

Amendment Text

PAG LIN
  1  1    Amend House File 2537 as follows:
  1  2    #1.  Page 16, line 21, by inserting after the word
  1  3 "codification," the following:  "in this Act,".
  1  4    #2.  By striking page 19, line 16 through page 22,
  1  5 line 7 and inserting the following:  
  1  6          "LEGAL SETTLEMENT DISPUTE RESOLUTION
  1  7    Sec.    .  NEW SECTION.  225C.8  LEGAL SETTLEMENT
  1  8 DISPUTE RESOLUTION.
  1  9    1.  a.  The dispute resolution process implemented
  1 10 in accordance with this section applies to legal
  1 11 settlement disputes and is not applicable to disputes
  1 12 involving persons committed to a state facility
  1 13 pursuant to chapter 812 or rule of criminal procedure
  1 14 2.22, Iowa court rules, or to disputes of service
  1 15 authorization decisions made through the county single
  1 16 entry point process.
  1 17    b.  If a county receives a billing for services
  1 18 provided to a person under chapter 222, 230, or 249A,
  1 19 or objects to a legal settlement determination
  1 20 certified by the department or another county and
  1 21 asserts either that the person has legal settlement in
  1 22 another county or that the person has no legal
  1 23 settlement or the legal settlement is unknown so that
  1 24 the person is deemed to be a state case, the person's
  1 25 legal settlement status shall be determined as
  1 26 provided in this section.  The county shall notify the
  1 27 department of the county's assertion within one
  1 28 hundred twenty days of receiving the billing.  If the
  1 29 county asserts that the person has legal settlement in
  1 30 another county, that county shall be notified at the
  1 31 same time as the department.  If the department
  1 32 disputes a legal settlement determination
  1 33 certification made by a county, the department shall
  1 34 notify the affected counties of the department's
  1 35 assertion.
  1 36    2.  The department or the county that received the
  1 37 notification, as applicable, shall respond to the
  1 38 party that provided the notification within forty-five
  1 39 days of receiving the notification.  If the parties
  1 40 cannot agree to a settlement as to the person's legal
  1 41 settlement status within ninety days of the date of
  1 42 notification, on motion of any of the parties, the
  1 43 matter shall be referred to the department of
  1 44 inspections and appeals for a contested case hearing
  1 45 under chapter 17A before an administrative law judge
  1 46 assigned in accordance with section 10A.801 to
  1 47 determine the person's legal settlement status.
  1 48    3.  a.  The administrative law judge's
  1 49 determination of the person's legal settlement status
  1 50 is a final agency action, notwithstanding contrary
  2  1 provisions of section 17A.15.  The party that does not
  2  2 prevail in the determination or subsequent judicial
  2  3 review is liable for costs associated with the
  2  4 proceeding, including reimbursement of the department
  2  5 of inspections and appeals' actual costs associated
  2  6 with the administrative proceeding.  Judicial review
  2  7 of the determination may be sought in accordance with
  2  8 section 17A.19.
  2  9    b.  If following the determination of a person's
  2 10 legal settlement status in accordance with this
  2 11 section, additional evidence becomes available that
  2 12 merits a change in that determination, the parties
  2 13 affected may change the determination by mutual
  2 14 agreement.  Otherwise, a party may move that the
  2 15 matter be reconsidered.
  2 16    4.  Unless a petition is filed for judicial review,
  2 17 the administrative law judge's determination of the
  2 18 person's legal settlement status shall result in one
  2 19 of the following:
  2 20    a.  If a county is determined to be the person's
  2 21 county of legal settlement, the county shall pay the
  2 22 amounts due and shall reimburse any other amounts paid
  2 23 for services provided under chapter 222, 230, or 249A
  2 24 by the county or the department on the person's behalf
  2 25 prior to issuance of the decision.  The payment or
  2 26 reimbursement shall be remitted within forty-five days
  2 27 of the date the decision was issued.  After the forty-
  2 28 five-day period, a penalty may be applied as
  2 29 authorized under section 222.68, 222.75, or 230.22.
  2 30    b.  If it is determined that the person has no
  2 31 legal settlement or the legal settlement is unknown so
  2 32 that the person is deemed to be a state case, the
  2 33 department shall credit the county for any payment
  2 34 made on behalf of the person by the county prior to
  2 35 issuance of the decision.  The credit shall be applied
  2 36 by the department on a county billing no later than
  2 37 the end of the quarter immediately following the date
  2 38 of the decision's issuance.
  2 39    Sec.    .  Section 222.61, unnumbered paragraph 1,
  2 40 Code 2003, is amended to read as follows:
  2 41    When a county receives an application on behalf of
  2 42 any person for admission to a resource center or a
  2 43 special unit or when any a court issues an order
  2 44 committing any person to a resource center or a
  2 45 special unit, the board of supervisors shall utilize
  2 46 the single entry point process to determine or the
  2 47 court shall determine and enter as a matter of record
  2 48 whether certify that the legal settlement of the
  2 49 person is in one of the following:
  2 50    Sec.    .  Section 222.62, Code 2003, is amended to
  3  1 read as follows:
  3  2    222.62  SETTLEMENT IN ANOTHER COUNTY.
  3  3    Whenever When the board of supervisors utilizes a
  3  4 determines through the single entry point process to
  3  5 determine or the court determines that the legal
  3  6 settlement of the person is other than in the county
  3  7 in which the application is received or the court is
  3  8 located, the board or court shall, as soon as
  3  9 determination is made, certify such finding the
  3 10 determination shall be certified to the superintendent
  3 11 of the resource center or the special unit where the
  3 12 person is a patient.  The certification shall be
  3 13 accompanied by a copy of the evidence supporting the
  3 14 determination.  The superintendent shall charge the
  3 15 expenses already incurred and unadjusted, and all
  3 16 future expenses of the patient, to the county so
  3 17 certified until the patient's to be the county of
  3 18 legal settlement shall be otherwise determined as
  3 19 provided by this chapter.
  3 20    Sec.    .  Section 222.63, Code 2003, is amended to
  3 21 read as follows:
  3 22    222.63  FINDING OF SETTLEMENT – OBJECTION.
  3 23    Said finding of A board of supervisors'
  3 24 certification utilizing the single entry point process
  3 25 that a person's legal settlement is in another county
  3 26 shall also be certified sent by the board of
  3 27 supervisors or the court to the county auditor of the
  3 28 county of legal settlement.  The certification shall
  3 29 be accompanied by a copy of the evidence supporting
  3 30 the determination.  Such The auditor of the county of
  3 31 legal settlement shall lay such notification before
  3 32 submit the certification to the board of supervisors
  3 33 of the auditor's county whereupon and it shall be
  3 34 conclusively presumed that the patient has a legal
  3 35 settlement in said that county unless the that county
  3 36 shall, within six months, in writing filed with the
  3 37 board of supervisors or the court giving such notice,
  3 38 dispute said legal settlement disputes the
  3 39 determination of legal settlement as provided in
  3 40 section 225C.8.
  3 41    Sec.    .  Section 222.64, Code 2003, is amended to
  3 42 read as follows:
  3 43    222.64  FOREIGN STATE OR COUNTRY OR UNKNOWN LEGAL
  3 44 SETTLEMENT.
  3 45    If the legal settlement of the person is found
  3 46 determined by the board of supervisors through a the
  3 47 single entry point process or the court to be in a
  3 48 foreign state or country or is found determined to be
  3 49 unknown, the board of supervisors or the court shall
  3 50 immediately notify certify the determination to the
  4  1 administrator of the finding and shall furnish the
  4  2 administrator with a copy of the evidence taken on the
  4  3 question of legal settlement.  The certification shall
  4  4 be accompanied by a copy of the evidence supporting
  4  5 the determination.  The care of the person shall be as
  4  6 arranged by the board of supervisors or by an order as
  4  7 the court may enter.  Application for admission or
  4  8 order of commitment may be made pending investigation
  4  9 by the administrator.
  4 10    Sec.    .  Section 222.65, Code 2003, is amended to
  4 11 read as follows:
  4 12    222.65  INVESTIGATION.
  4 13    The If an application is made for placement of a
  4 14 person in a state resource center or special unit, the
  4 15 administrator shall immediately investigate the legal
  4 16 settlement of the person and proceed as follows:
  4 17    1.  If the administrator finds that the decision of
  4 18 the board of supervisors or the court concurs with a
  4 19 certified determination as to legal settlement of the
  4 20 person is correct so that the person is deemed a state
  4 21 case, the administrator shall cause the person either
  4 22 to be transferred to a resource center or a special
  4 23 unit and there maintained at the expense of the state
  4 24 or to be transferred to the place of foreign
  4 25 settlement.
  4 26    2.  If the administrator finds that the decision of
  4 27 the board of supervisors or the court is not correct
  4 28 disputes a certified determination of legal
  4 29 settlement, the administrator shall order the person
  4 30 transferred to a state resource center or a special
  4 31 unit and there maintained at the expense of the county
  4 32 of legal settlement in this state until the dispute is
  4 33 resolved.
  4 34    3.  If the administrator disputes a certified
  4 35 determination of legal settlement, the administrator
  4 36 shall utilize the procedure provided in section 225C.8
  4 37 to resolve the dispute.  A determination of the
  4 38 person's legal settlement status made pursuant to
  4 39 section 225C.8 is conclusive.
  4 40    Sec.    .  Section 222.67, Code 2003, is amended to
  4 41 read as follows:
  4 42    222.67  CHARGE ON FINDING OF SETTLEMENT.
  4 43    Where If a person has been received into a resource
  4 44 center or a special unit as a patient whose legal
  4 45 settlement is supposedly outside the state or is
  4 46 unknown and the administrator finds determines that
  4 47 the legal settlement of the patient was at the time of
  4 48 admission or commitment in a county of this state, the
  4 49 administrator shall certify the determination and
  4 50 charge all legal costs and expenses pertaining to the
  5  1 admission or commitment and support of the patient to
  5  2 the county of such legal settlement.  The
  5  3 certification shall be sent to the county of legal
  5  4 settlement.  The certification shall be accompanied by
  5  5 a copy of the evidence supporting the determination.
  5  6 If the person's legal settlement status has been
  5  7 determined in accordance with section 225C.8, the
  5  8 legal costs and expenses shall be charged to the
  5  9 county or as a state case in accordance with that
  5 10 determination.  The costs and expenses shall be
  5 11 collected as provided by law in other cases.
  5 12    Sec.    .  Section 222.70, Code 2003, is amended by
  5 13 striking the section and inserting in lieu thereof the
  5 14 following:
  5 15    222.70  LEGAL SETTLEMENT DISPUTES.
  5 16    If a dispute arises between counties or between the
  5 17 department and a county as to the legal settlement of
  5 18 a person admitted or committed to a resource center, a
  5 19 special unit, or a community-based service, the
  5 20 dispute shall be resolved as provided in section
  5 21 225C.8.
  5 22    Sec.    .  Section 230.2, unnumbered paragraph 1,
  5 23 Code 2003, is amended to read as follows:
  5 24    The If a person's legal settlement status is
  5 25 disputed, legal settlement shall be determined in
  5 26 accordance with section 225C.8.  Otherwise, the
  5 27 district court shall may, when a the person is ordered
  5 28 placed in a hospital for psychiatric examination and
  5 29 appropriate treatment, or as soon thereafter as it the
  5 30 court obtains the proper information, determine and
  5 31 enter of record whether the legal settlement of said
  5 32 the person is one of the following:
  5 33    Sec.    .  Section 230.3, Code 2003, is amended to
  5 34 read as follows:
  5 35    230.3  CERTIFICATION OF SETTLEMENT.
  5 36    If such a person's legal settlement is found
  5 37 determined through the county's single entry point
  5 38 process to be in another county of this state, the
  5 39 court shall, as soon as said determination is made,
  5 40 the county making the determination shall certify such
  5 41 finding the determination to the superintendent of the
  5 42 hospital to which said patient the person is admitted
  5 43 or committed, and thereupon said.  The certification
  5 44 shall be accompanied by a copy of the evidence
  5 45 supporting the determination.  Upon receiving the
  5 46 certification, the superintendent shall charge the
  5 47 expenses already incurred and unadjusted, and all
  5 48 future expenses of such patient, the person to the
  5 49 county so certified until said determined to be the
  5 50 county of legal settlement shall be otherwise
  6  1 determined as hereinafter provided.
  6  2    Sec.    .  Section 230.4, Code 2003, is amended to
  6  3 read as follows:
  6  4    230.4  CERTIFICATION TO DEBTOR COUNTY.
  6  5    Said finding A determination of a person's legal
  6  6 settlement made in accordance with section 230.2 or
  6  7 230.3 shall also be certified sent by the court or the
  6  8 county to the county auditor of the county of such
  6  9 legal settlement.  The certification shall be
  6 10 accompanied by a copy of the evidence supporting the
  6 11 determination.  Such The auditor shall lay such
  6 12 notification before provide the certification to the
  6 13 board of supervisors of the auditor's county, and it
  6 14 shall be conclusively presumed that such the person
  6 15 has a legal settlement in said the notified county
  6 16 unless said that county shall within sixty days give
  6 17 notice in writing to the court that the county
  6 18 disputes the finding of legal settlement as provided
  6 19 in section 225C.8.
  6 20    Sec.    .  Section 230.5, Code 2003, is amended to
  6 21 read as follows:
  6 22    230.5  NONRESIDENTS.
  6 23    If such a person's legal settlement is found by the
  6 24 court determined in accordance with section 230.2 or
  6 25 230.3 to be in some a foreign state or country, or is
  6 26 unknown, the court or the county shall immediately
  6 27 notify the certify the determination to the
  6 28 administrator of the finding and furnish the
  6 29 administrator with a copy of the evidence taken on the
  6 30 question of legal settlement, and shall in its.  The
  6 31 certification shall be accompanied by a copy of the
  6 32 evidence supporting the determination.  A court order
  6 33 issued pursuant to section 229.13 shall direct that
  6 34 the patient be hospitalized at the appropriate state
  6 35 hospital for persons with mental illness.
  6 36    Sec.    .  Section 230.6, Code 2003, is amended to
  6 37 read as follows:
  6 38    230.6  DETERMINATION INVESTIGATION BY
  6 39 ADMINISTRATOR.
  6 40    The administrator shall immediately investigate the
  6 41 legal settlement of said a patient and proceed as
  6 42 follows:
  6 43    1.  If the administrator finds that the decision of
  6 44 the court as to concurs with a certified determination
  6 45 of legal settlement is correct concerning the patient,
  6 46 the administrator shall cause said the patient either
  6 47 to be transferred to a state hospital for persons with
  6 48 mental illness at the expense of the state, or to be
  6 49 transferred, with approval of the court as required by
  6 50 chapter 229 to the place of foreign settlement.
  7  1    2.  If the administrator finds that the decision of
  7  2 the court is not correct disputes a certified legal
  7  3 settlement determination, the administrator shall
  7  4 order said the patient to be maintained at a state
  7  5 hospital for persons with mental illness at the
  7  6 expense of the state, and shall at once inform the
  7  7 court of such finding and request that the court's
  7  8 order be modified accordingly until the dispute is
  7  9 resolved.
  7 10    3.  If the administrator disputes a legal
  7 11 settlement determination, the administrator shall
  7 12 utilize the procedure provided in section 225C.8 to
  7 13 resolve the dispute.  A determination of the person's
  7 14 legal settlement status made pursuant to section
  7 15 225C.8 is conclusive.
  7 16    Sec.    .  Section 230.9, Code 2003, is amended to
  7 17 read as follows:
  7 18    230.9  SUBSEQUENT DISCOVERY OF RESIDENCE.
  7 19    If, after a patient person has been received into
  7 20 by a state hospital for persons with mental illness as
  7 21 a state case patient whose legal settlement is
  7 22 supposed to be outside this state or unknown, the
  7 23 administrator finds determines that the legal
  7 24 settlement of said patient the person was, at the time
  7 25 of admission or commitment, in a county of this state,
  7 26 said the administrator shall certify the determination
  7 27 and charge all legal costs and expenses pertaining to
  7 28 the admission or commitment and support of said
  7 29 patient the person to the county of such legal
  7 30 settlement, and the same.  The certification shall be
  7 31 sent to the county of legal settlement.  The
  7 32 certification shall be accompanied by a copy of the
  7 33 evidence supporting the determination.  The costs and
  7 34 expenses shall be collected as provided by law in
  7 35 other cases.  If the person's legal settlement status
  7 36 has been determined in accordance with section 225C.8,
  7 37 the legal costs and expenses shall be charged to the
  7 38 county or as a state case in accordance with that
  7 39 determination.
  7 40    Sec.    .  Section 230.12, Code 2003, is amended by
  7 41 striking the section and inserting in lieu thereof the
  7 42 following:
  7 43    230.12  LEGAL SETTLEMENT DISPUTES.
  7 44    If a dispute arises between different counties or
  7 45 between the administrator and a county as to the legal
  7 46 settlement of a person admitted or committed to a
  7 47 state hospital for persons with mental illness, the
  7 48 dispute shall be resolved as provided in section
  7 49 225C.8.
  7 50    Sec.    .  Section 232.141, subsection 8, Code
  8  1 2003, is amended to read as follows:
  8  2    8.  This subsection applies only to placements in a
  8  3 juvenile shelter care home which is publicly owned,
  8  4 operated as a county or multicounty shelter care home,
  8  5 organized under a chapter 28E agreement, or operated
  8  6 by a private juvenile shelter care home.  If the
  8  7 actual and allowable costs of a child's shelter care
  8  8 placement exceed the amount the department is
  8  9 authorized to pay in accordance with law and
  8 10 administrative rule, the unpaid costs may be recovered
  8 11 from the child's county of legal settlement.  However,
  8 12 the maximum amount of the unpaid costs which may be
  8 13 recovered under this subsection is limited to the
  8 14 difference between the amount the department is
  8 15 authorized to pay and the statewide average of the
  8 16 actual and allowable rates in effect in May of the
  8 17 preceding fiscal year for reimbursement of juvenile
  8 18 shelter care homes.  In no case shall the home be
  8 19 reimbursed for more than the home's actual and
  8 20 allowable costs.  The unpaid costs are payable
  8 21 pursuant to filing of verified claims against the
  8 22 county of legal settlement.  A detailed statement of
  8 23 the facts upon which a claim is based shall accompany
  8 24 the claim.  Any dispute between counties arising from
  8 25 filings of claims pursuant to this subsection shall be
  8 26 settled in the manner provided to determine legal
  8 27 settlement in section 230.12 225C.8.
  8 28    Sec.    .  Section 249A.26, Code 2003, is amended
  8 29 by adding the following new subsection:
  8 30    NEW SUBSECTION.  5.  If a dispute arises between
  8 31 different counties or between the department and a
  8 32 county as to the legal settlement of a person who
  8 33 receives medical assistance for which the nonfederal
  8 34 share is payable in whole or in part by a county of
  8 35 legal settlement, and cannot be resolved by the
  8 36 parties, the dispute shall be resolved as provided in
  8 37 section 225C.8.
  8 38    Sec.    .  Section 252.23, Code 2003, is amended to
  8 39 read as follows:
  8 40    252.23  TRIAL.
  8 41    If the alleged settlement is disputed, then, within
  8 42 thirty days after notice as provided in section
  8 43 252.22, a copy of the notices sent and received shall
  8 44 be filed in the office of the clerk of the district
  8 45 court of the county against which claim is made, and a
  8 46 cause docketed without other pleadings, and tried as
  8 47 an ordinary action, in which the county granting the
  8 48 assistance shall be plaintiff, and the other
  8 49 defendant, and the burden of proof shall be upon the
  8 50 county granting the assistance.  However, a legal
  9  1 settlement dispute initiated under chapter 222, 230,
  9  2 or 249A shall be resolved as provided in section
  9  3 225C.8.
  9  4    Sec.    .  APPLICABILITY.
  9  5    1.  The timeframes specified in section 225C.8, as
  9  6 enacted by this division of this Act, are applicable
  9  7 to legal settlement disputes involving billings for
  9  8 services provided on or after July 1, 2004.
  9  9    2.  For legal settlement disputes involving
  9 10 billings for services provided prior to July 1, 2004,
  9 11 unless the county disputed the billing prior to July
  9 12 1, 2004, the person's legal settlement shall be deemed
  9 13 to be in the county that was billed for services
  9 14 provided to the person.  However, if a county disputed
  9 15 the billing for a service provided prior to July 1,
  9 16 2004, and the matter cannot be resolved with the
  9 17 department of human services or with the other county,
  9 18 in lieu of the forty-five-day period specified in
  9 19 section 225C.8, subsection 2, a party may move for the
  9 20 matter to be resolved in the manner provided in
  9 21 section 225C.8, at any time prior to January 1, 2005.
  9 22 If a party has not made such a motion, effective
  9 23 January 1, 2005, the matter shall be closed and the
  9 24 person's legal settlement shall be in the county that
  9 25 was billed for services provided to the person.
  9 26    Sec.    .  Sections 222.71, 222.72, 230.13, and
  9 27 230.14, Code 2003, are repealed."
  9 28    #3.  By renumbering as necessary.  
  9 29 
  9 30 
  9 31                               
  9 32 HEATON of Henry
  9 33 HF 2537.701 80
  9 34 jp/gg
     

Text: H08264                            Text: H08266
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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