Text: HF00386 Text: HF00388 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 387 1 2 1 3 AN ACT 1 4 RELATING TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES BY 1 5 EXPANDING AN EXEMPTION TO HEALTH CARE LICENSING REQUIREMENTS 1 6 FOR CERTAIN RESIDENTIAL PROGRAMS THAT RECEIVE FUNDING UNDER 1 7 A MEDICAL ASSISTANCE HOME AND COMMUNITY-BASED SERVICES 1 8 WAIVER AND APPROVAL FROM THE DEPARTMENT OF HUMAN SERVICES, 1 9 AND REVISING MEMBERSHIP REQUIREMENTS FOR THE MENTAL HEALTH 1 10 AND DEVELOPMENTAL DISABILITIES COMMISSION, AND PROVIDING AN 1 11 EFFECTIVE DATE. 1 12 1 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 14 1 15 Section 1. Section 135C.2, subsection 3, paragraph c, Code 1 16 2003, is amended to read as follows: 1 17 c. The rules adopted for intermediate care facilities for 1 18 persons with mental retardation shall be consistent with, but 1 19 no more restrictive than, the federal standards for 1 20 intermediate care facilities for persons with mental 1 21 retardation established pursuant to the federal Social 1 22 Security Act, } 1905(c)(d), as codified in 42 U.S.C. } 1396d, 1 23 in effect on January 1, 1989. However, in order for an 1 24 intermediate care facility for persons with mental retardation 1 25 to be licensed, the state fire marshal must certify to the 1 26 departmentan intermediate care facility for persons with1 27mental retardation as meetingthat the facility meets the 1 28 applicable provisions of the rules adopted for such facilities 1 29 by the state fire marshal. The state fire marshal's rules 1 30 shall be based upon such a facility's compliance with either 1 31 the provisions applicable to health care occupancieschapter1 32 ortheresidential board and carechapteroccupancies of the 1 33 life safety code of the national fire protection association,1 3419852000 edition. The department shall adopt additional 1 35 rules for intermediate care facilities for persons with mental 2 1 retardation pursuant to section 135C.14, subsection 8. 2 2 Sec. 2. Section 135C.6, subsection 8, Code 2003, is 2 3 amended to read as follows: 2 4 8. The following residential programs to which the 2 5 department of human services applies accreditation, 2 6 certification, or standards of review shall not be required to 2 7 be licensed as a health care facility under this chapter: 2 8 a. Residential programs providing care to not more than 2 9 four individuals and receiving moneys appropriated to the 2 10 department of human services under provisions of a federally 2 11 approved home and community-based services waiver for persons 2 12 with mental retardation or other medical assistance program 2 13 under chapter 249Ashall not be required to be licensed as a2 14health care facility under this chapter. In approving a 2 15 residential program under thissubsectionparagraph, the 2 16 department of human services shall consider the geographic 2 17 location of the program so as to avoid an overconcentration of 2 18 such programs in an area. In order to be approved under this 2 19subsectionparagraph, a residential program shall not be 2 20 required to involve the conversion of a licensed residential 2 21 care facility for persons with mental retardation. 2 22 b. Not more than forty residential care facilities for 2 23 persons with mental retardation that are licensed to serve not 2 24 more than five individuals may be authorized by the department 2 25 of human services to convert to operation as a residential 2 26 program under the provisions of a medical assistance home and 2 27 community-based services waiver for persons with mental 2 28 retardation. A converted residential program operating under 2 29 this paragraph is subject to the conditions stated in 2 30 paragraph "a" except that the program shall not serve more 2 31 than five individuals. 2 32 c. A residential program approved by the department of 2 33 human services pursuant to this paragraph "c" to receive 2 34 moneys appropriated to the department of human services under 2 35 provisions of a federally approved home and community-based 3 1 services waiver for persons with mental retardation may 3 2 provide care to not more than five individuals. The 3 3 department shall approve a residential program under this 3 4 paragraph that complies with all of the following conditions: 3 5 (1) Approval of the program will not result in an 3 6 overconcentration of such programs in an area. 3 7 (2) The county in which the residential program is located 3 8 submits to the department of human services a letter of 3 9 support for approval of the program. 3 10 (3) The county in which the residential program is located 3 11 provides to the department of human services verification in 3 12 writing that the program is needed to address one or more of 3 13 the following: 3 14 (a) The quantity of services currently available in the 3 15 county is insufficient to meet the need. 3 16 (b) The quantity of affordable rental housing in the 3 17 county is insufficient. 3 18 (c) Implementation of the program will cause a reduction 3 19 in the size or quantity of larger congregate programs. 3 20 Sec. 3. Section 225C.5, subsection 1, paragraph c, Code 3 21 2003, is amended to read as follows: 3 22 c. One member shall be an active board member of a 3 23 community mental health center selected from nominees 3 24 submitted by the Iowa association of community providers. 3 25 Sec. 4. EFFECTIVE DATE. This Act, being deemed of 3 26 immediate importance, takes effect upon enactment. 3 27 3 28 3 29 3 30 CHRISTOPHER C. RANTS 3 31 Speaker of the House 3 32 3 33 3 34 3 35 MARY E. KRAMER 4 1 President of the Senate 4 2 4 3 I hereby certify that this bill originated in the House and 4 4 is known as House File 387, Eightieth General Assembly. 4 5 4 6 4 7 4 8 MARGARET THOMSON 4 9 Chief Clerk of the House 4 10 Approved , 2003 4 11 4 12 4 13 4 14 THOMAS J. VILSACK 4 15 Governor
Text: HF00386 Text: HF00388 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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