Text: HF02133 Text: HF02135 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2134 1 2 1 3 AN ACT 1 4 RELATING TO THE MEDICAL ASSISTANCE AND STATE SUPPLEMENTARY 1 5 ASSISTANCE PROGRAMS, PROVIDING AN EFFECTIVE DATE, AND 1 6 PROVIDING FOR RETROACTIVE APPLICABILITY. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 135C.1, subsection 17, Code Supplement 1 11 2003, is amended to read as follows: 1 12 17. "Residential care facility" means any institution, 1 13 place, building, or agency providing for a period exceeding 1 14 twenty-four consecutive hours accommodation, board, personal 1 15 assistance and other essential daily living activities to 1 16 three or more individuals, not related to the administrator or 1 17 owner thereof within the third degree of consanguinity, who by 1 18 reason of illness, disease, or physical or mental infirmity 1 19 are unable to sufficiently or properly care for themselves but 1 20 who do not require the services of a registered or licensed 1 21 practical nurse except on an emergency basis or who by reason 1 22 of illness, disease, or physical or mental infirmity are 1 23 unable to sufficiently or properly care for themselves but who 1 24 do not require the services of a registered or licensed 1 25 practical nurse except on an emergency basis if home and 1 26 community-based services, other than nursing care, as defined 1 27 by this chapter and departmental rule, are provided. For the 1 28 purposes of this definition, the home and community-based 1 29 services to be provided are limited to the type included under 1 30 the medical assistance program provided pursuant to chapter 1 31 249A, are subject to cost limitations established by the 1 32 department of human services under the medical assistance 1 33 program, and except as otherwise provided by the department of 1 34 inspections and appeals with the concurrence of the department 1 35 of human services are limited in capacity to the number of 2 1 licensed residential care facilities and the number of 2 2 licensed residential care facility beds in the state as of 2 3 December 1, 2003. 2 4 Sec. 2. Section 135C.4, Code 2003, is amended to read as 2 5 follows: 2 6 135C.4 RESIDENTIAL CARE FACILITIES. 2 7 Each facility licensed as a residential care facility shall 2 8 provide an organized continuous twenty-four-hour program of 2 9 care commensurate with the needs of the residents of the home 2 10 and under the immediate direction of a person approved and 2 11 certified by the department whose combined training and 2 12 supervised experience is such as to ensure adequate and 2 13 competent care. All admissions to residential care facilities 2 14 shall be based on an order written by a physician certifying 2 15 that the individual being admitted does not require nursing 2 16 services or that the individual's need for nursing services 2 17 can be avoided if home and community-based services, other 2 18 than nursing care, as defined by this chapter and departmental 2 19 rule, are provided. For the purposes of this section, the 2 20 home and community-based services to be provided shall be 2 21 limited to the type included under the medical assistance 2 22 program provided pursuant to chapter 249A, shall be subject to 2 23 cost limitations established by the department of human 2 24 services under the medical assistance program, and except as 2 25 otherwise provided by the department of inspections and 2 26 appeals with the concurrence of the department of human 2 27 services shall be limited in capacity to the number of 2 28 licensed residential care facilities and the number of 2 29 licensed residential care facility beds in the state as of 2 30 December 1, 2003. 2 31 Sec. 3. NEW SECTION. 222.60A COST OF ASSESSMENT. 2 32 Notwithstanding any provision of this chapter to the 2 33 contrary, any amount attributable to any fee assessed pursuant 2 34 to section 249A.21 that would otherwise be the liability of 2 35 any county shall be paid by the state. The department may 3 1 transfer funds from the appropriation for medical assistance 3 2 to pay any amount attributable to any fee assessed pursuant to 3 3 section 249A.21 that is a liability of the state. 3 4 Sec. 4. Section 249.3, Code 2003, is amended by adding the 3 5 following new subsection: 3 6 NEW SUBSECTION. 4. At the discretion of the department, 3 7 persons who meet the criteria listed in all of the following 3 8 paragraphs: 3 9 a. Are either of the following: 3 10 (1) Sixty-five years of age or older. 3 11 (2) Disabled as defined by 42 U.S.C. } 1382c(a)(3), except 3 12 that being engaged in substantial gainful activity shall not 3 13 preclude a determination of disability for the purpose of this 3 14 subparagraph. 3 15 b. Live in one of the following: 3 16 (1) The individual's own home. 3 17 (2) The home of another individual. 3 18 (3) A group living arrangement. 3 19 (4) A medical facility. 3 20 c. Would be eligible for supplemental security income 3 21 benefits but for having excess income or but for being engaged 3 22 in substantial gainful activity and having excess income. 3 23 d. Are not eligible for another state supplementary 3 24 assistance group. 3 25 e. Receive medical assistance under chapter 249A and are 3 26 not required to meet a spend-down or pay a premium to be 3 27 eligible for such benefits. 3 28 f. Is currently eligible for Medicare part B. 3 29 g. Have income exceeding one hundred thirty-five percent 3 30 of the federal poverty level but not exceeding the medical 3 31 assistance income limit for the eligibility group for the 3 32 individual person's living arrangement. 3 33 Sec. 5. Section 249.4, Code 2003, is amended to read as 3 34 follows: 3 35 249.4 APPLICATION – AMOUNT OF GRANT. 4 1 1. Applications for state supplementary assistance shall 4 2 be made in the form and manner prescribed by the director or 4 3 the director's designee, with the approval of the council on 4 4 human services, pursuant to chapter 17A. Each person who so 4 5 applies and is found eligible under section 249.3 shall, so 4 6 long as the person's eligibility continues, receive state 4 7 supplementary assistance on a monthly basis, from funds 4 8 appropriated to the department for the purpose. 4 9 2. Any person who applies within fifteen months from the 4 10 date of implementation of eligibility pursuant to section 4 11 249.3, subsection 4, and who would have been eligible under 4 12 that subsection for any period on or after October 1, 2003, 4 13 may be granted benefits retroactive to October 1, 2003. 4 14 Sec. 6. Section 249A.21, subsection 1, Code 2003, is 4 15 amended to read as follows: 4 16 1. The department may assess intermediate care facilities 4 17 for persons with mental retardation, as defined in section 4 18 135C.1,that are not operated by the state,a fee in an amount 4 19 not to exceed six percent of the total annual revenue of the 4 20 facility for the preceding fiscal year. 4 21 Sec. 7. Section 249A.21, Code 2003, is amended by adding 4 22 the following new subsection: 4 23 NEW SUBSECTION. 6. The department may adopt 4 24 administrative rules under section 17A.4, subsection 2, and 4 25 section 17A.5, subsection 2, paragraph "b", to implement this 4 26 section, and any fee assessed pursuant to this section against 4 27 an intermediate care facility for persons with mental 4 28 retardation that is operated by the state may be made 4 29 retroactive to October 1, 2003. 4 30 Sec. 8. 2003 Iowa Acts, chapter 112, section 4, subsection 4 31 9, is amended to read as follows: 4 32 9. The department may adopt administrative rules under 4 33 section 17A.4, subsection 2, and section 17A.5, subsection 2, 4 34 paragraph "b", to implement this section, and any assessment 4 35 made pursuant to this section may be made retroactive to 5 1 October 1, 2003. 5 2 Sec. 9. WAIVER PAYMENT SLOTS. The department of human 5 3 services shall provide an opportunity for counties to request 5 4 an expansion of the county's home and community-based waiver 5 5 payment slots under the medical assistance program in order to 5 6 add slots to address the changes in the definition of 5 7 "residential care facility" under chapter 135C made by this 5 8 Act. Any expansion in the number of waiver payment slots as 5 9 described in this section shall be implemented on July 1, 5 10 2004, or the date authorized in the federal approval of the 5 11 expansion of the waiver slots, whichever is later. 5 12 Sec. 10. RETROACTIVE APPLICABILITY. The following 5 13 provisions of this Act are retroactively applicable to October 5 14 1, 2003: 5 15 1. The provision creating section 222.60A, relating to the 5 16 costs of the assessment for intermediate care facilities for 5 17 persons with mental retardation. 5 18 2. The provision creating section 249.3, subsection 4, 5 19 relating to state supplementary assistance eligibility. 5 20 3. The provision amending section 249.4, relating to 5 21 applications and amounts of grants for state supplementary 5 22 assistance. 5 23 4. The provision amending section 249A.21, subsection 1, 5 24 and the provision creating section 249A.21, subsection 6, 5 25 relating to the nursing facility quality assurance assessment. 5 26 5. The provision amending 2003 Iowa Acts, chapter 112, 5 27 section 4, subsection 9, relating to the adoption of 5 28 administrative rules relating to the nursing facility quality 5 29 assurance assessment. 5 30 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 5 31 immediate importance, takes effect upon enactment. 5 32 5 33 5 34 5 35 CHRISTOPHER C. RANTS 6 1 Speaker of the House 6 2 6 3 6 4 6 5 JEFFREY M. LAMBERTI 6 6 President of the Senate 6 7 6 8 I hereby certify that this bill originated in the House and 6 9 is known as House File 2134, Eightieth General Assembly. 6 10 6 11 6 12 6 13 MARGARET THOMSON 6 14 Chief Clerk of the House 6 15 Approved , 2004 6 16 6 17 6 18 6 19 THOMAS J. VILSACK 6 20 Governor
Text: HF02133 Text: HF02135 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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