Text: HF00199 Text: HF00201 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.6, subsection 8, Code 2003, is 1 2 amended to read as follows: 1 3 8. The following residential programs to which the 1 4 department of human services applies accreditation, 1 5 certification, or standards of review shall not be required to 1 6 be licensed as a health care facility under this chapter: 1 7 a. Residential programs providing care to not more than 1 8 four individuals and receiving moneys appropriated to the 1 9 department of human services under provisions of a federally 1 10 approved home and community-based services waiver for persons 1 11 with mental retardation or other medical assistance program 1 12 under chapter 249Ashall not be required to be licensed as a1 13health care facility under this chapter. In approving a 1 14 residential program under thissubsectionparagraph, the 1 15 department of human services shall consider the geographic 1 16 location of the program so as to avoid an overconcentration of 1 17 such programs in an area. In order to be approved under this 1 18subsectionparagraph, a residential program shall not be 1 19 required to involve the conversion of a licensed residential 1 20 care facility for persons with mental retardation. 1 21 b. Not more than forty residential care facilities for 1 22 persons with mental retardation that are licensed to serve not 1 23 more than five individuals may be authorized by the department 1 24 of human services to convert to operation as a residential 1 25 program under the provisions of a medical assistance home and 1 26 community-based services waiver for persons with mental 1 27 retardation. A converted residential program operating under 1 28 this paragraph is subject to the conditions stated in 1 29 paragraph "a" except that the program shall not serve more 1 30 than five individuals. 1 31 c. A residential program approved by the department of 1 32 human services pursuant to this paragraph "c" to receive 1 33 moneys appropriated to the department of human services under 1 34 provisions of a federally approved home and community-based 1 35 services waiver for persons with mental retardation may 2 1 provide care to not more than five individuals. The 2 2 department shall approve a residential program under this 2 3 paragraph that complies with all of the following conditions: 2 4 (1) Approval of the program will not result in an 2 5 overconcentration of such programs in an area. 2 6 (2) The county in which the residential program is located 2 7 submits to the department of human services a letter of 2 8 support for approval of the program. 2 9 (3) The county in which the residential program is located 2 10 provides to the department of human services verification in 2 11 writing that the program is needed to address one or more of 2 12 the following: 2 13 (a) The quantity of services currently available in the 2 14 county is insufficient to meet the need. 2 15 (b) The quantity of affordable rental housing in the 2 16 county is insufficient. 2 17 (c) Implementation of the program will cause a reduction 2 18 in the size or quantity of larger congregate programs. 2 19 Sec. 2. Section 225C.5, subsection 1, paragraphs c and d, 2 20 Code 2003, are amended to read as follows: 2 21 c. One member shall be an active board member or employee 2 22 of a community mental health center selected from nominees 2 23 submitted by the Iowa association of community providers. 2 24 d. One member shall be an active board member or employee 2 25 of an agency serving persons with a developmental disability 2 26 selected from nominees submitted by the Iowa association of 2 27 community providers. 2 28 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 2 29 immediate importance, takes effect upon enactment. 2 30 EXPLANATION 2 31 This bill expands an exemption to health care licensing 2 32 requirements for certain residential programs that receive 2 33 funding under a medical assistance (Medicaid) home and 2 34 community-based services (HCBS) waiver and that receive 2 35 approval from the department of human services. Current law 3 1 in Code chapter 135C allows this exemption for such programs 3 2 serving no more than four individuals. 3 3 The bill reenacts a provision repealed by 2002 Iowa Acts, 3 4 chapter 1120. This provision allows the licensing exemptions 3 5 for conversion of not more than 40 residential care facilities 3 6 for persons with mental retardation licensed to serve not more 3 7 than five individuals under Code chapter 135C to residential 3 8 programs operating under the HCBS waiver for persons with 3 9 mental retardation. The converted facilities are subject to 3 10 the same requirements as other such residential programs 3 11 except not more than five persons may receive services. The 3 12 bill allows the exemption for residential programs approved by 3 13 the department to serve up to five individuals under an HCBS 3 14 waiver for persons with mental retardation, provided the 3 15 program has the support of the county in which the program is 3 16 located. The county must provide the support in writing and 3 17 verify certain conditions exist that would indicate a need for 3 18 the program. 3 19 The bill also amends Code section 225C.5, relating to the 3 20 mental health and developmental disabilities commission, to 3 21 provide that membership slots designated for active board 3 22 members of a community mental health center and an agency 3 23 serving persons with a developmental disability may also be 3 24 filled with center and agency employees. The bill also 3 25 provides that nominations for both of these slots are provided 3 26 by the Iowa association of community providers. 3 27 The bill takes effect upon enactment. 3 28 LSB 1592HH 80 3 29 jp/pj/5
Text: HF00199 Text: HF00201 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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