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House File 560

Partial Bill History

Bill Text

PAG LIN
  1  1                                              HOUSE FILE 560
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO MEDICAL ASSISTANCE HOME AND COMMUNITY-BASED
  1  5    SERVICES WAIVERS.
  1  6  
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8  
  1  9    Section 1.  Section 249A.12, Code 2003, is amended by
  1 10 adding the following new subsection:
  1 11    NEW SUBSECTION.  6.  a.  Effective July 1, 2003, the
  1 12 provisions of the home and community-based services waiver for
  1 13 persons with mental retardation shall include adult day care,
  1 14 prevocational, and transportation services.  Transportation
  1 15 shall be included as a separately payable service.
  1 16    b.  The department of human services shall seek federal
  1 17 approval to amend the home and community-based services waiver
  1 18 for persons with mental retardation to include day
  1 19 habilitation services.  Inclusion of day habilitation services
  1 20 in the waiver shall take effect upon receipt of federal
  1 21 approval and no later than July 1, 2004.
  1 22    c.  The person's county of legal settlement shall pay for
  1 23 the nonfederal share of the cost of services provided under
  1 24 the waiver and the state shall pay for the nonfederal share of
  1 25 such costs if the person does not have a county of legal
  1 26 settlement.
  1 27    Sec. 2.  NEW SECTION.  249A.32  MEDICAL ASSISTANCE HOME AND
  1 28 COMMUNITY-BASED SERVICES WAIVERS – CONSUMER DIRECTED
  1 29 ATTENDANT CARE – TERMINATION OF CONTRACT.
  1 30    1.  A case manager for a medical assistance home and
  1 31 community-based services waiver may terminate the contract of
  1 32 a person providing consumer directed attendant care services
  1 33 to whom payment is being made for provision of such services
  1 34 under the waiver if the case manager determines that the
  1 35 person has breached the contract by not providing the services
  2  1 agreed to under the contract.
  2  2    2.  For the purposes of this section, "consumer" and
  2  3 "waiver" mean consumer and waiver as defined in section
  2  4 249A.29.
  2  5    Sec. 3.  REIMBURSEMENT – REVIEW – RATE LIMITATIONS.
  2  6    1.  The department of human services shall review the
  2  7 reimbursement methodology for the home and community-based
  2  8 services waiver for persons with mental retardation under the
  2  9 medical assistance program in relationship to the goals and
  2 10 objectives of the mental health and developmental disability
  2 11 services system redesign being conducted by the mental health
  2 12 and developmental disabilities commission.  The department
  2 13 shall submit a report of the findings of the review and
  2 14 recommendations to the general assembly by July 1, 2004.
  2 15    2.  For the fiscal year beginning July 1, 2003, the
  2 16 department of human services in cooperation with the Iowa
  2 17 state association of counties and the Iowa association of
  2 18 community providers shall establish payment rate limitations
  2 19 for the services provided under the home and community-based
  2 20 services waiver for persons with mental retardation that are
  2 21 consistent with the limitations used for the same or similar
  2 22 services that are funded one hundred percent by the counties.
  2 23    Sec. 4.  EMERGENCY RULES.  The department of human services
  2 24 shall adopt administrative rules under section 17A.4,
  2 25 subsection 2, and section 17A.5, subsection 2, paragraph "b",
  2 26 to implement the provisions of this Act and the rules shall
  2 27 become effective immediately upon filing or on a later
  2 28 effective date specified in the rules, unless the effective
  2 29 date is delayed by the administrative rules review committee.
  2 30 Any rules adopted in accordance with this section shall not
  2 31 take effect before the rules are reviewed by the
  2 32 administrative rules review committee.  The delay authority
  2 33 provided to the administrative rules review committee under
  2 34 section 17A.4, subsection 5, and section 17A.8, subsection 9,
  2 35 shall be applicable to a delay imposed under this section,
  3  1 notwithstanding a provision in those sections making them
  3  2 inapplicable to section 17A.5, subsection 2, paragraph "b".
  3  3 Any rules adopted in accordance with the provisions of this
  3  4 section shall also be published as notice of intended action
  3  5 as provided in section 17A.4.  
  3  6 
  3  7 
  3  8                                                             
  3  9                               CHRISTOPHER C. RANTS
  3 10                               Speaker of the House
  3 11 
  3 12 
  3 13                                                             
  3 14                               MARY E. KRAMER
  3 15                               President of the Senate
  3 16 
  3 17    I hereby certify that this bill originated in the House and
  3 18 is known as House File 560, Eightieth General Assembly.
  3 19 
  3 20 
  3 21                                                             
  3 22                               MARGARET THOMSON
  3 23                               Chief Clerk of the House
  3 24 Approved                , 2003
  3 25 
  3 26 
  3 27                            
  3 28 THOMAS J. VILSACK
  3 29 Governor
     

Text: HF00559                           Text: HF00561
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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