Text: HSB00144 Text: HSB00146 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 235A.13, subsection 8, Code 2003, is 1 2 amended to read as follows: 1 3 8. "Multidisciplinary team" means a group of individuals 1 4 who possess knowledge and skills related to the diagnosis, 1 5 assessment, and disposition of child abuse cases and who are 1 6 professionals practicing in the disciplines of medicine, 1 7 nursing, public health, substance abuse, domestic violence, 1 8 mental health, social work, child development, education, law, 1 9 juvenile probation, or law enforcement, or a group established 1 10 pursuant to section 235B.1, subsection 1. 1 11 Sec. 2. Section 249A.3, subsection 2, paragraph a, Code 1 12 2003, is amended to read as follows: 1 13 a. As allowed under 42 U.S.C. } 1396a(a)(10)(A)(ii)(XIII), 1 14 individuals with disabilities, who are less than sixty-five 1 15 years of age, who are members of families whose income is less 1 16 than two hundred fifty percent of the most recently revised 1 17 official povertylineguidelines published by thefederal1 18office of management and budgetUnited States department of 1 19 health and human services for the family, who have earned 1 20 income and who are eligible for medical assistance or 1 21 additional medical assistance under this section if earnings 1 22 are disregarded. As allowed by 42 U.S.C. } 1396a(r)(2), 1 23 unearned income shall also be disregarded in determining 1 24 whether an individual is eligible for assistance under this 1 25 paragraph. For the purposes of determining the amount of an 1 26 individual's resources under this paragraph and as allowed by 1 27 42 U.S.C. } 1396a(r)(2), a maximum of ten thousand dollars of 1 28 available resources shall be disregarded and any additional 1 29 resources held in a retirement account, in a medical savings 1 30 account, or in any other account approved under rules adopted 1 31 by the department shall also be disregarded. Individuals 1 32 eligible for assistance under this paragraph, whose individual 1 33 income exceeds one hundred fifty percent of the official 1 34 povertylineguidelines published by thefederal office of1 35management and budgetUnited States department of health and 2 1 human services for an individual, shall pay a premium. The 2 2 amount of the premium shall be based on a sliding fee schedule 2 3 adopted by rule of the department and shall be based on a 2 4 percentage of the individual's income. The maximum premium 2 5 payable by an individual whose income exceeds one hundred 2 6 fifty percent of the official povertylineguidelines shall be 2 7 commensurate withpremiums charged for privatethe cost of 2 8 state employees' group health insurance in this state.This2 9paragraph shall be implemented no later than March 1, 2000.2 10 Sec. 3. Section 249A.5, subsection 2, paragraph b, Code 2 11 2003, is amended to read as follows: 2 12 b. If the collection of all or part of a debt is waived 2 13 pursuant to subsection 2, paragraph "a",the amount waived2 14shall be a debt due from the estate of the recipient's2 15surviving spouse, child who is blind or has a disability, or2 16the recipient of a hardship waiver under subsection 2,2 17paragraph "a", subparagraph (2), upon the death of such2 18spouse, child, or recipient , or due from a surviving child,2 19who was under twenty-one years of age at the time of the2 20recipient's death, upon the child reaching age twenty-one, to2 21the extent the recipient's estate is received by such spouse,2 22child, or recipientto the extent the medical assistance 2 23 recipient's estate was received by the following persons, the 2 24 amount waived shall be a debt due from one of the following, 2 25 as applicable: 2 26 (1) The estate of the medical assistance recipient's 2 27 surviving spouse or child who is blind or has a disability, 2 28 upon the death of such spouse or child. 2 29 (2) A surviving child who was under twenty-one years of 2 30 age at the time of the medical assistance recipient's death, 2 31 upon the child reaching the age of twenty-one or from the 2 32 estate of the child if the child dies prior to reaching the 2 33 age of twenty-one. 2 34 (3) The estate of the recipient of the undue hardship 2 35 waiver, at the time of death of the hardship waiver recipient, 3 1 or from the hardship waiver recipient when the hardship no 3 2 longer exists. 3 3 Sec. 4. Section 249A.12, subsection 4, Code 2003, is 3 4 amended by adding the following new paragraph: 3 5 NEW PARAGRAPH. c. Effective February 1, 2002, the state 3 6 shall be responsible for all of the nonfederal share of the 3 7 costs of intermediate care facility for persons with mental 3 8 retardation services provided under medical assistance 3 9 attributable to the assessment fee for intermediate care 3 10 facilities for individuals with mental retardation, imposed 3 11 pursuant to section 249A.21. Notwithstanding subsection 2, 3 12 effective February 1, 2003, a county is not required to 3 13 reimburse the department and shall not be billed for the 3 14 nonfederal share of the costs of such services attributable to 3 15 the assessment fee. 3 16 Sec. 5. NEW SECTION. 249A.26A STATE AND COUNTY 3 17 PARTICIPATION IN FUNDING FOR REHABILITATION SERVICES FOR 3 18 PERSONS WITH CHRONIC MENTAL ILLNESS. 3 19 The county of legal settlement shall pay for the nonfederal 3 20 share of the cost of rehabilitation services provided under 3 21 the medical assistance program for persons with chronic mental 3 22 illness, except that the state shall pay for the nonfederal 3 23 share of such costs if the person does not have a county of 3 24 legal settlement. 3 25 Sec. 6. Section 252A.5, subsection 1, Code 2003, is 3 26 amended to read as follows: 3 27 1. Where the petitioner and the respondent are residents 3 28 of or domiciled or found in this state or where this state may 3 29 exercise personal jurisdiction over a nonresident respondent 3 30 under section 252K.201. 3 31 Sec. 7. Section 252A.6, subsection 1, Code 2003, is 3 32 amended to read as follows: 3 33 1. A proceeding under this chapter shall be commenced by 3 34 filing a verified petition in the court in equity in the 3 35 county where the dependent resides or is domiciled,showingor 4 1 if the dependent does not reside in or is not domiciled in 4 2 this state, where the petitioner or respondent resides, or 4 3 where public assistance has been provided for the dependent. 4 4 The petition shall show the name, age, residence, and 4 5 circumstances of the dependent, alleging that the dependent is 4 6 in need of and is entitled to support from the respondent, 4 7 giving the respondent's name, age, residence, and 4 8 circumstances, and praying that the respondent be compelled to 4 9 furnish such support. The petitioner may include in or attach 4 10 to the petition any information which may help in locating or 4 11 identifying the respondent including, but without limitation 4 12 by enumeration, a photograph of the respondent, a description 4 13 of any distinguishing marks of the respondent's person, other 4 14 names and aliases by which the respondent has been or is 4 15 known, the name of the respondent's employer, the respondent's 4 16 fingerprints, or social security number. 4 17 Sec. 8. RETROACTIVE APPLICABILITY AND EFFECTIVE DATE. 4 18 Section 4 of this Act, amending section 249A.12, subsection 4, 4 19 relating to payment of costs for intermediate care facilities 4 20 for persons with mental retardation, is retroactively 4 21 applicable to February 1, 2002, and takes effect upon 4 22 enactment. 4 23 EXPLANATION 4 24 This bill relates to programs and services under the 4 25 purview of the department of human services. 4 26 Under the bill, in addition to individuals practicing other 4 27 disciplines, a "multidisciplinary team" under the child abuse 4 28 chapter would include individuals practicing in the discipline 4 29 of domestic violence. 4 30 The bill also amends language relating to future collection 4 31 of debt due the department of human services from a medical 4 32 assistance recipient's estate if present collection of the 4 33 debt from the recipient's estate had been waived because 4 34 collection would have resulted in a reduction in the amount 4 35 received from the medical assistance recipient's estate by a 5 1 surviving spouse or child, or because collection would have 5 2 otherwise worked an undue hardship. The bill clarifies from 5 3 whom the future collection of the debt is due and under what 5 4 circumstances. In the instance in which the recipient of the 5 5 medical assistance recipient's estate was a surviving spouse 5 6 or a child who is blind or has a disability, the debt is due 5 7 from the surviving spouse's or child's estate, upon the death 5 8 of the spouse or child. In the instance in which the 5 9 recipient of the medical assistance recipient's estate was a 5 10 surviving child who was under 21 years of age at the time of 5 11 the medical assistance recipient's death, the debt is due from 5 12 the surviving child upon the child reaching the age of 21 or 5 13 from the estate of the child if the child dies prior to 5 14 reaching the age of 21. In the instance in which collection 5 15 of the debt was waived based upon an undue hardship, the debt 5 16 is due from the estate of the recipient of the undue hardship 5 17 waiver, at the time of the death of the recipient, or from the 5 18 hardship waiver recipient when the hardship no longer exists. 5 19 The bill also updates and corrects references regarding 5 20 persons with disabilities who are eligible for medical 5 21 assistance under earnings disregard provisions. 5 22 The bill provides that beginning February 1, 2002, the 5 23 state is responsible for all of the nonfederal share of the 5 24 costs of intermediate care facility for persons with mental 5 25 retardation services provided under medical assistance that 5 26 are attributable to the assessment fee for intermediate care 5 27 facilities for individuals with mental retardation. Beginning 5 28 February 1, 2003, and notwithstanding a contrary provision, a 5 29 county is not required to reimburse the department of human 5 30 services and is not to be billed for the costs of the services 5 31 provided that they are attributable to the assessment fee. 5 32 This section of the bill is retroactively applicable to 5 33 February 1, 2002, and takes effect upon enactment. 5 34 The bill also provides that the county of legal settlement 5 35 of a person is to pay the nonfederal costs of rehabilitation 6 1 services provided under the medical assistance program for 6 2 persons with chronic mental illness. However, if the person 6 3 has no county of legal settlement, the state is responsible 6 4 for payment of the nonfederal share of the costs. 6 5 The bill provides that a proceeding under the support of 6 6 dependents chapter may be commenced by filing a petition not 6 7 only with the court in a county where the dependent resides or 6 8 is domiciled, but, if the dependent does not reside in or is 6 9 not domiciled in Iowa, in the county where the petitioner or 6 10 respondent resides, or where public assistance has been 6 11 provided for the dependent. 6 12 LSB 1220DP 80 6 13 pf/sh/8.1
Text: HSB00144 Text: HSB00146 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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