Text: HF00386                           Text: HF00388
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House File 387

Partial Bill History

Bill Text

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 department an intermediate care facility for persons with
  1 27 mental retardation as meeting that 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 occupancies chapter
  1 32 or the residential board and care chapter occupancies of the
  1 33 life safety code of the national fire protection association,
  1 34 1985 2000 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 249A shall not be required to be licensed as a
  2 14 health care facility under this chapter.  In approving a
  2 15 residential program under this subsection paragraph, 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 19 subsection paragraph, 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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