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House File 489

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 489
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO PROGRAMS AND SERVICES UNDER THE PURVIEW OF THE
  1  5    DEPARTMENT OF HUMAN SERVICES, AND PROVIDING FOR RETROACTIVE
  1  6    APPLICABILITY AND EFFECTIVE DATES.
  1  7  
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9  
  1 10    Section 1.  Section 235A.13, subsection 8, Code 2003, is
  1 11 amended to read as follows:
  1 12    8.  "Multidisciplinary team" means a group of individuals
  1 13 who possess knowledge and skills related to the diagnosis,
  1 14 assessment, and disposition of child abuse cases and who are
  1 15 professionals practicing in the disciplines of medicine,
  1 16 nursing, public health, substance abuse, domestic violence,
  1 17 mental health, social work, child development, education, law,
  1 18 juvenile probation, or law enforcement, or a group established
  1 19 pursuant to section 235B.1, subsection 1.
  1 20    Sec. 2.  Section 249A.3, subsection 2, paragraph a, Code
  1 21 2003, is amended to read as follows:
  1 22    a.  As allowed under 42 U.S.C. } 1396a(a)(10)(A)(ii)(XIII),
  1 23 individuals with disabilities, who are less than sixty-five
  1 24 years of age, who are members of families whose income is less
  1 25 than two hundred fifty percent of the most recently revised
  1 26 official poverty line guidelines published by the federal
  1 27 office of management and budget United States department of
  1 28 health and human services for the family, who have earned
  1 29 income and who are eligible for medical assistance or
  1 30 additional medical assistance under this section if earnings
  1 31 are disregarded.  As allowed by 42 U.S.C. } 1396a(r)(2),
  1 32 unearned income shall also be disregarded in determining
  1 33 whether an individual is eligible for assistance under this
  1 34 paragraph.  For the purposes of determining the amount of an
  1 35 individual's resources under this paragraph and as allowed by
  2  1 42 U.S.C. } 1396a(r)(2), a maximum of ten thousand dollars of
  2  2 available resources shall be disregarded and any additional
  2  3 resources held in a retirement account, in a medical savings
  2  4 account, or in any other account approved under rules adopted
  2  5 by the department shall also be disregarded.  Individuals
  2  6 eligible for assistance under this paragraph, whose individual
  2  7 income exceeds one hundred fifty percent of the official
  2  8 poverty line guidelines published by the federal office of
  2  9 management and budget United States department of health and
  2 10 human services for an individual, shall pay a premium.  The
  2 11 amount of the premium shall be based on a sliding fee schedule
  2 12 adopted by rule of the department and shall be based on a
  2 13 percentage of the individual's income.  The maximum premium
  2 14 payable by an individual whose income exceeds one hundred
  2 15 fifty percent of the official poverty line guidelines shall be
  2 16 commensurate with premiums charged for private the cost of
  2 17 state employees' group health insurance in this state.  This
  2 18 paragraph shall be implemented no later than March 1, 2000.
  2 19    Sec. 3.  Section 249A.5, subsection 2, paragraph b, Code
  2 20 2003, is amended to read as follows:
  2 21    b.  If the collection of all or part of a debt is waived
  2 22 pursuant to subsection 2, paragraph "a", the amount waived
  2 23 shall be a debt due from the estate of the recipient's
  2 24 surviving spouse, child who is blind or has a disability, or
  2 25 the recipient of a hardship waiver under subsection 2,
  2 26 paragraph "a", subparagraph (2), upon the death of such
  2 27 spouse, child, or recipient, or due from a surviving child,
  2 28 who was under twenty-one years of age at the time of the
  2 29 recipient's death, upon the child reaching age twenty-one, to
  2 30 the extent the recipient's estate is received by such spouse,
  2 31 child, or recipient to the extent the medical assistance
  2 32 recipient's estate was received by the following persons, the
  2 33 amount waived shall be a debt due from one of the following,
  2 34 as applicable:
  2 35    (1)  The estate of the medical assistance recipient's
  3  1 surviving spouse or child who is blind or has a disability,
  3  2 upon the death of such spouse or child.
  3  3    (2)  A surviving child who was under twenty-one years of
  3  4 age at the time of the medical assistance recipient's death,
  3  5 upon the child reaching the age of twenty-one or from the
  3  6 estate of the child if the child dies prior to reaching the
  3  7 age of twenty-one.
  3  8    (3)  The estate of the recipient of the undue hardship
  3  9 waiver, at the time of death of the hardship waiver recipient,
  3 10 or from the hardship waiver recipient when the hardship no
  3 11 longer exists.
  3 12    Sec. 4.  Section 249A.12, subsection 4, Code 2003, is
  3 13 amended by adding the following new paragraph:
  3 14    NEW PARAGRAPH.  c.  Effective February 1, 2002, the state
  3 15 shall be responsible for all of the nonfederal share of the
  3 16 costs of intermediate care facility for persons with mental
  3 17 retardation services provided under medical assistance
  3 18 attributable to the assessment fee for intermediate care
  3 19 facilities for individuals with mental retardation, imposed
  3 20 pursuant to section 249A.21.  Notwithstanding subsection 2,
  3 21 effective February 1, 2003, a county is not required to
  3 22 reimburse the department and shall not be billed for the
  3 23 nonfederal share of the costs of such services attributable to
  3 24 the assessment fee.
  3 25    Sec. 5.  NEW SECTION.  249A.26A  STATE AND COUNTY
  3 26 PARTICIPATION IN FUNDING FOR REHABILITATION SERVICES FOR
  3 27 PERSONS WITH CHRONIC MENTAL ILLNESS.
  3 28    The county of legal settlement shall pay for the nonfederal
  3 29 share of the cost of rehabilitation services provided under
  3 30 the medical assistance program for persons with chronic mental
  3 31 illness, except that the state shall pay for the nonfederal
  3 32 share of such costs if the person does not have a county of
  3 33 legal settlement.
  3 34    Sec. 6.  Section 252A.5, subsection 1, Code 2003, is
  3 35 amended to read as follows:
  4  1    1.  Where the petitioner and the respondent are residents
  4  2 of or domiciled or found in this state or where this state may
  4  3 exercise personal jurisdiction over a nonresident respondent
  4  4 under section 252K.201.
  4  5    Sec. 7.  Section 252A.6, subsection 1, Code 2003, is
  4  6 amended to read as follows:
  4  7    1.  A proceeding under this chapter shall be commenced by
  4  8 filing a verified petition in the court in equity in the
  4  9 county where the dependent resides or is domiciled, showing or
  4 10 if the dependent does not reside in or is not domiciled in
  4 11 this state, where the petitioner or respondent resides, or
  4 12 where public assistance has been provided for the dependent.
  4 13 The petition shall show the name, age, residence, and
  4 14 circumstances of the dependent, alleging that the dependent is
  4 15 in need of and is entitled to support from the respondent,
  4 16 giving the respondent's name, age, residence, and
  4 17 circumstances, and praying that the respondent be compelled to
  4 18 furnish such support.  The petitioner may include in or attach
  4 19 to the petition any information which may help in locating or
  4 20 identifying the respondent including, but without limitation
  4 21 by enumeration, a photograph of the respondent, a description
  4 22 of any distinguishing marks of the respondent's person, other
  4 23 names and aliases by which the respondent has been or is
  4 24 known, the name of the respondent's employer, the respondent's
  4 25 fingerprints, or social security number.
  4 26    Sec. 8.  RETROACTIVE APPLICABILITY AND EFFECTIVE DATE.
  4 27 Section 4 of this Act, amending section 249A.12, subsection 4,
  4 28 relating to payment of costs for intermediate care facilities
  4 29 for persons with mental retardation, is retroactively
  4 30 applicable to February 1, 2002, and takes effect upon
  4 31 enactment.  
  4 32 
  4 33 
  4 34                                                             
  4 35                               CHRISTOPHER C. RANTS
  5  1                               Speaker of the House
  5  2 
  5  3 
  5  4                                                             
  5  5                               MARY E. KRAMER
  5  6                               President of the Senate
  5  7 
  5  8    I hereby certify that this bill originated in the House and
  5  9 is known as House File 489, Eightieth General Assembly.
  5 10 
  5 11 
  5 12                                                             
  5 13                               MARGARET THOMSON
  5 14                               Chief Clerk of the House
  5 15 Approved                , 2003
  5 16 
  5 17 
  5 18                            
  5 19 THOMAS J. VILSACK
  5 20 Governor
     
Text: HF00488                           Text: HF00490
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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