Text: HF00160 Text: HF00162 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 217.7, Code 2003, is amended to read as 1 2 follows: 1 3 217.7 ADMINISTRATORS OF DIVISIONS. 1 4 The director may appoint an administrator of each of the 1 5 divisions. The administrators shall be selected on the basis 1 6 of their particular professional qualifications, education, 1 7 and background relative to the assigned responsibilities of 1 8 their divisions. The administrator of the medical assistance 1 9 program under chapter 249A and the healthy and well kids in 1 10 Iowa program under chapter 514I shall be appointed by the 1 11 director subject to confirmation by the senate and shall serve 1 12 at the pleasure of the director. The director shall fill a 1 13 vacancy in the position of the administrator of the medical 1 14 assistance program and the healthy and well kids in Iowa 1 15 program in the same manner as the original appointment was 1 16 made. 1 17 Sec. 2. Section 249A.2, Code 2003, is amended by adding 1 18 the following new subsection: 1 19 NEW SUBSECTION. 1A. "Administrator" means the individual 1 20 appointed by the director under section 217.7 to administer 1 21 this chapter. 1 22 Sec. 3. Section 249A.2, subsection 3, Code 2003, is 1 23 amended by striking the subsection. 1 24 Sec. 4. Section 249A.4, unnumbered paragraph 1, Code 2003, 1 25 is amended to read as follows: 1 26 Thedirector shall beadministrator is responsible for the 1 27 effective and impartial administration of this chapter and 1 28 shall, in accordance with the standards and priorities 1 29 established by this chapter, by applicable federal law, by the 1 30 regulations and directives issued pursuant to federal law, by 1 31 applicable court orders, and by the state plan approved in 1 32 accordance with federal law, make rules, establish policies, 1 33 and prescribe procedures toimplementadminister this chapter. 1 34 Without limiting the generality of the foregoing delegation of 1 35 authority, thedirectoradministrator isherebyspecifically 2 1 empowered and directed to do all of the following: 2 2 Sec. 5. Section 249A.4, subsection 1, Code 2003, is 2 3 amended to read as follows: 2 4 1. Determine the greatest amount, duration, and scope of 2 5 assistance which may be provided, and the broadest range of 2 6 eligible individuals to whom assistance may effectively be 2 7 provided, under this chapter within the limitations of 2 8 available funds. In so doing, thedirectoradministrator 2 9 shall at least every six months evaluate the scope of the 2 10 program currently being provided under this chapter, project 2 11 the probable cost of continuing a like program, and compare 2 12 the probable cost with the remaining balance of the state 2 13 appropriation made for payment of assistance under this 2 14 chapter during the current appropriation period. After each 2 15 evaluation of the scope of the program, thedirector2 16 administrator shall report to the general assembly through the 2 17 legislative council or in another manner as the general 2 18 assembly may by resolution direct. 2 19 Sec. 6. Section 249A.4, subsection 8, unnumbered paragraph 2 20 3, Code 2003, is amended to read as follows: 2 21 The administrator and the director of human services shall 2 22 consider the advice and consultation offered by the council in 2 23 the administrator's and the director's preparation of medical 2 24 assistance budget recommendations. 2 25 Sec. 7. Section 249A.6, subsection 1, Code 2003, is 2 26 amended to read as follows: 2 27 1. When payment is made by the department for medical care 2 28 or expenses through the medical assistance program on behalf 2 29 of a recipient, the department shall have a lien, to the 2 30 extent of those payments, upon all monetary claims which the 2 31 recipient may have against third parties. A lien under this 2 32 section is not effective unless the department files a notice 2 33 of lien with the clerk of the district court in the county 2 34 where the recipient resides and with the recipient's attorney 2 35 when the recipient's eligibility for medical assistance is 3 1 established. The notice of lien shall be filed before the 3 2 third party has concluded a final settlement with the 3 3 recipient, the recipient's attorney, or other representative. 3 4 The third party shall obtain a written determination from the 3 5 department concerning the amount of the lien before a 3 6 settlement is deemed final for purposes of this section. A 3 7 compromise, including but not limited to a settlement, waiver 3 8 or release, of a claim under this section does not defeat the 3 9 department's lien except pursuant to the written agreement of 3 10 thedirectoradministrator or thedirector'sadministrator's 3 11 designee. A settlement, award, or judgment structured in any 3 12 manner not to include medical expenses or an action brought by 3 13 a recipient or on behalf of a recipient which fails to state a 3 14 claim for recovery of medical expenses does not defeat the 3 15 department's lien if there is any recovery on the recipient's 3 16 claim. 3 17 Sec. 8. Section 514I.2, Code 2003, is amended by adding 3 18 the following new subsection: 3 19 NEW SUBSECTION. 1A. "Administrator" means the individual 3 20 appointed by the director under section 217.7 to administer 3 21 this chapter. 3 22 Sec. 9. Section 514I.2, subsection 5, Code 2003, is 3 23 amended by striking the subsection. 3 24 Sec. 10. Section 514I.4, subsection 1, unnumbered 3 25 paragraph 1, and paragraph a, Code 2003, are amended to read 3 26 as follows: 3 27 Thedirectoradministrator, with the approval of the HAWK-I 3 28 board, shall implement this chapter. Thedirector3 29 administrator shall do all of the following: 3 30 a. At least every six months, evaluate the scope of the 3 31 program currently being provided under this chapter, project 3 32 the probable cost of continuing the program, and compare the 3 33 probable cost with the remaining balance of the state 3 34 appropriation made for payment of assistance under this 3 35 chapter during the current appropriation period. Thedirector4 1 administrator shall report the findings of the evaluation to 4 2 the board and shall annually report findings to the governor 4 3 and the general assembly by January 1. 4 4 Sec. 11. Section 514I.4, subsections 2 and 3, Code 2003, 4 5 are amended to read as follows: 4 6 2. Thedirectoradministrator, with the concurrence of the 4 7 board, shall enter into a contract with an administrative 4 8 contractor. Such contract shall be entered into in accordance 4 9 with the criteria established by the board. 4 10 3. The department may enter into contracts with other 4 11 persons whereby the other person provides some or all of the 4 12 functions, pursuant to rules adopted by the board, which are 4 13 required of thedirectoradministrator or the department under 4 14 this section. All contracts entered into pursuant to this 4 15 section shall be made available to the public. 4 16 Sec. 12. CODE EDITOR. In codifying the provisions of this 4 17 Act, the Code editor shall revise the section 249A.4 and 4 18 514I.4 headnotes to change the references to the word 4 19 "director" to "administrator". 4 20 EXPLANATION 4 21 This bill provides that the appointment of the 4 22 administrator of the medical assistance (Medicaid) and healthy 4 23 and well kids in Iowa (HAWK-I) programs is subject to 4 24 confirmation by the senate. Code section 217.7, relating to 4 25 the administrators of divisions of the department of human 4 26 services, is amended to apply this requirement. Under the 4 27 bill, that administrator is appointed by the director of human 4 28 services and serves at the pleasure of the director. 4 29 Code chapter 249A, relating to the Medicaid program, is 4 30 amended to add a definition of the term "administrator", 4 31 repeal the definition of the director of human services, and 4 32 to provide for the administrator to perform those duties 4 33 assigned under current law to the director of human services. 4 34 Code chapter 514I, relating to the HAWK-I program, is 4 35 amended to add a definition of the term "administrator", 5 1 repeal the definition of the director of human services, and 5 2 provide for the administrator to perform those duties assigned 5 3 under current law to the director. 5 4 The Code editor is directed to change headnote references 5 5 in Code sections 249A.4 and 515I.4 from the word "director" to 5 6 "administrator". 5 7 LSB 1447YH 80 5 8 jp/cf/24
Text: HF00160 Text: HF00162 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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