Text: S05267 Text: S05269 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2248 as follows: 1 2 #1. Page 1, line 24, by inserting before the word 1 3 "developmental" the following: "mental retardation,". 1 4 #2. Page 2, line 1, by inserting before the word 1 5 "developmental" the following: "mental retardation,". 1 6 #3. Page 2, line 10, by inserting before the word 1 7 "developmental" the following: "mental retardation,". 1 8 #4. Page 2, line 15, by inserting before the word 1 9 "developmental" the following: "mental retardation,". 1 10 #5. Page 2, line 19, by inserting before the word 1 11 "developmental" the following: "mental retardation,". 1 12 #6. Page 3, line 25, by inserting before the word 1 13 "developmental" the following: "mental retardation,". 1 14 #7. Page 4, line 18, by inserting before the word 1 15 "developmental" the following: "mental retardation,". 1 16 #8. Page 4, line 28, by inserting before the word 1 17 "developmental" the following: "mental retardation,". 1 18 #9. Page 4, line 35, by inserting before the word 1 19 "developmental" the following: "mental retardation,". 1 20 #10. Page 5, line 14, by inserting before the word 1 21 "developmental" the following: "mental retardation,". 1 22 #11. Page 6, line 1, by inserting before the word 1 23 "developmental" the following: "mental retardation,". 1 24 #12. Page 6, line 17, by inserting before the word 1 25 "developmental" the following: "mental retardation,". 1 26 #13. Page 7, line 2, by inserting before the word 1 27 "developmental" the following: "mental retardation,". 1 28 #14. Page 7, line 13, by inserting before the word 1 29 "developmental" the following: "mental retardation,". 1 30 #15. Page 7, line 20, by inserting before the word 1 31 "developmental" the following: "mental retardation,". 1 32 #16. Page 8, line 2, by inserting before the word 1 33 "developmental" the following: "mental retardation,". 1 34 #17. Page 8, line 14, by inserting before the word 1 35 "developmental" the following: "mental retardation,". 1 36 #18. Page 8, line 24, by inserting before the word 1 37 "developmental" the following: "mental retardation,". 1 38 #19. Page 9, line 11, by inserting before the word 1 39 "developmental" the following: "mental retardation,". 1 40 #20. Page 9, line 18, by striking the words 1 41 "mental retardation, and" and inserting the following: 1 42 "mental retardation, andor other". 1 43 #21. Page 15, line 3, by inserting before the word 1 44 "developmental" the following: "mental retardation,". 1 45 #22. Page 15, line 12, by inserting before the 1 46 word "developmental" the following: "mental 1 47 retardation,". 1 48 #23. Page 16, line 12, by inserting before the 1 49 word "developmental" the following: "mental 1 50 retardation,". 2 1 #24. Page 16, line 17, by inserting after the word 2 2 "codification," the following: "in this Act,". 2 3 #25. By striking page 16, line 20, through page 2 4 18, line 34, and inserting the following: 2 5 "DIVISION II 2 6 LEGAL SETTLEMENT DISPUTE RESOLUTION 2 7 Sec. 34. NEW SECTION. 225C.6A MENTAL HEALTH, 2 8 DEVELOPMENTAL DISABILITY, AND BRAIN INJURY SERVICE 2 9 SYSTEM REDESIGN IMPLEMENTATION. 2 10 1. PURPOSE. It is the intent of the general 2 11 assembly to implement a redesign of the mental health, 2 12 developmental disability, and brain injury service 2 13 system over a period of years in order to transition 2 14 to a coordinated system for Iowans with mental 2 15 illness, mental retardation or other developmental 2 16 disabilities, or brain injury. Because of the 2 17 significance of the redesign to the persons who may be 2 18 affected by it and the degree of uncertainty regarding 2 19 the extent of funding changes necessary for 2 20 implementation, the department and the commission 2 21 shall not implement a redesign provision through 2 22 rulemaking or other means unless specific statutory 2 23 authority provides for the provision's implementation. 2 24 2. INITIAL ACTIVITIES. For the fiscal years 2 25 beginning July 1, 2004, and July 1, 2005, the 2 26 commission shall do the following: 2 27 a. Identify sources of revenue to support 2 28 statewide delivery of core disability services to 2 29 eligible disability populations. 2 30 b. Further develop adult disability services 2 31 system redesign proposals and propose a redesign of 2 32 the children's disability service system. The 2 33 redesign of the children's system shall address issues 2 34 associated with an individual's transition between the 2 35 two systems. 2 36 c. Plan, collect, and analyze data as necessary to 2 37 issue cost estimates for serving additional 2 38 populations and providing core disability services 2 39 statewide. 2 40 d. With consumer input, identify and propose 2 41 standardized functional assessment tools and processes 2 42 for use in the eligibility determination process when 2 43 eligibility for a particular disability population 2 44 group is implemented. The tools and processes shall 2 45 be integrated with those utilized for the medical 2 46 assistance program under chapter 249A. For the 2 47 initial diagnostic criteria, the commission shall 2 48 consider identifying a qualifying functional 2 49 assessment score and any of the following diagnoses: 2 50 mental illness, chronic mental illness, mental 3 1 retardation, developmental disability, or brain 3 2 injury. 3 3 e. The commission shall adopt a multiyear plan for 3 4 developing and providing the data, cost projections, 3 5 revenue requirements, and other information needed to 3 6 support decision making concerning redesign 3 7 provisions. The information shall be provided as part 3 8 of the commission's regular reports to the governor 3 9 and general assembly or more often as determined to be 3 10 appropriate by the commission. 3 11 f. Propose case rates for disability services. 3 12 g. Work with county representatives and other 3 13 qualified persons to develop an implementation plan 3 14 for replacing the county of legal settlement approach 3 15 to determining service system funding responsibilities 3 16 with an approach based upon residency. The plan shall 3 17 address a statewide standard for proof of residency, 3 18 outline a plan for establishing a data system for 3 19 identifying residency of eligible individuals, address 3 20 residency issues for individuals who began residing in 3 21 a county due to a court order or criminal sentence or 3 22 to obtain services in that county, recommend an 3 23 approach for contesting a residency determination, and 3 24 address other implementation issues. 3 25 Sec. 35. OTHER REDESIGN ACTIVITIES. 3 26 1. The department of human services and the mental 3 27 health, developmental disabilities, and brain injury 3 28 commission shall report on the actions taken and 3 29 proposals made to implement the provisions of section 3 30 225C.6A, as enacted by this Act, in the commission's 3 31 annual report to the governor and general assembly 3 32 submitted pursuant to section 225C.6 for consideration 3 33 by the general assemblies meeting in 2005, 2006, and 3 34 2007. In addition, the department and commission 3 35 shall submit a progress report to the governor and 3 36 general assembly in July 2004, July 2005, and July 3 37 2006, on the implementation of the provisions. Any 3 38 proposal shall include data needed to address the 3 39 proposal, including the potential impact on counties 3 40 bordering other states. 3 41 2. Subject to funding availability, the department 3 42 and commission shall address all of the following 3 43 state-level adult disability service system redesign 3 44 activities during the fiscal year beginning July 1, 3 45 2004, and ending June 30, 2005: 3 46 a. Propose a new disability services information 3 47 technology system. 3 48 b. Improve state administration of disability 3 49 services by consolidating disability services into a 3 50 new departmental division or other appropriate 4 1 strategy. 4 2 c. Improve the interfaces between departmental 4 3 administrative units and other state agencies directly 4 4 or indirectly involved with persons with mental 4 5 illness, developmental disabilities, or brain injury. 4 6 d. Solicit and incorporate input regarding the 4 7 service system and service system funding from persons 4 8 receiving services, service providers, and county 4 9 central point of coordination process administrators. 4 10 e. Provide information to the public regarding the 4 11 service system. 4 12 DIVISION III 4 13 LEGAL SETTLEMENT DISPUTE RESOLUTION 4 14 Sec. 36. NEW SECTION. 225C.8 LEGAL SETTLEMENT 4 15 DISPUTE RESOLUTION. 4 16 1. a. The dispute resolution process implemented 4 17 in accordance with this section applies to legal 4 18 settlement disputes and is not applicable to disputes 4 19 involving persons committed to a state facility 4 20 pursuant to chapter 812 or rule of criminal procedure 4 21 2.22, Iowa court rules, or to disputes of service 4 22 authorization decisions made through the county single 4 23 entry point process. 4 24 b. If a county receives a billing for services 4 25 provided to a person under chapter 222, 230, or 249A, 4 26 or objects to a legal settlement determination 4 27 certified by the department or another county and 4 28 asserts either that the person has legal settlement in 4 29 another county or that the person has no legal 4 30 settlement or the legal settlement is unknown so that 4 31 the person is deemed to be a state case, the person's 4 32 legal settlement status shall be determined as 4 33 provided in this section. The county shall notify the 4 34 department of the county's assertion within one 4 35 hundred twenty days of receiving the billing. If the 4 36 county asserts that the person has legal settlement in 4 37 another county, that county shall be notified at the 4 38 same time as the department. If the department 4 39 disputes a legal settlement determination 4 40 certification made by a county, the department shall 4 41 notify the affected counties of the department's 4 42 assertion. 4 43 2. The department or the county that received the 4 44 notification, as applicable, shall respond to the 4 45 party that provided the notification within forty-five 4 46 days of receiving the notification. If the parties 4 47 cannot agree to a settlement as to the person's legal 4 48 settlement status within ninety days of the date of 4 49 notification, on motion of any of the parties, the 4 50 matter shall be referred to the department of 5 1 inspections and appeals for a contested case hearing 5 2 under chapter 17A before an administrative law judge 5 3 assigned in accordance with section 10A.801 to 5 4 determine the person's legal settlement status. 5 5 3. a. The administrative law judge's 5 6 determination of the person's legal settlement status 5 7 is a final agency action, notwithstanding contrary 5 8 provisions of section 17A.15. The party that does not 5 9 prevail in the determination or subsequent judicial 5 10 review is liable for costs associated with the 5 11 proceeding, including reimbursement of the department 5 12 of inspections and appeals' actual costs associated 5 13 with the administrative proceeding. Judicial review 5 14 of the determination may be sought in accordance with 5 15 section 17A.19. 5 16 b. If following the determination of a person's 5 17 legal settlement status in accordance with this 5 18 section, additional evidence becomes available that 5 19 merits a change in that determination, the parties 5 20 affected may change the determination by mutual 5 21 agreement. Otherwise, a party may move that the 5 22 matter be reconsidered. 5 23 4. Unless a petition is filed for judicial review, 5 24 the administrative law judge's determination of the 5 25 person's legal settlement status shall result in one 5 26 of the following: 5 27 a. If a county is determined to be the person's 5 28 county of legal settlement, the county shall pay the 5 29 amounts due and shall reimburse any other amounts paid 5 30 for services provided under chapter 222, 230, or 249A 5 31 by the county or the department on the person's behalf 5 32 prior to issuance of the decision. The payment or 5 33 reimbursement shall be remitted within forty-five days 5 34 of the date the decision was issued. After the forty- 5 35 five-day period, a penalty may be applied as 5 36 authorized under section 222.68, 222.75, or 230.22. 5 37 b. If it is determined that the person has no 5 38 legal settlement or the legal settlement is unknown so 5 39 that the person is deemed to be a state case, the 5 40 department shall credit the county for any payment 5 41 made on behalf of the person by the county prior to 5 42 issuance of the decision. The credit shall be applied 5 43 by the department on a county billing no later than 5 44 the end of the quarter immediately following the date 5 45 of the decision's issuance. 5 46 Sec. 37. Section 222.61, unnumbered paragraph 1, 5 47 Code 2003, is amended to read as follows: 5 48 When a county receives an application on behalf of 5 49 any person for admission to a resource center or a 5 50 special unit or whenanya court issues an order 6 1 committing any person to a resource center or a 6 2 special unit, the board of supervisors shall utilize 6 3 the single entry point process to determineor the6 4court shall determineandenter as a matter of record6 5whethercertify that the legal settlement of the 6 6 person is in one of the following: 6 7 Sec. 38. Section 222.62, Code 2003, is amended to 6 8 read as follows: 6 9 222.62 SETTLEMENT IN ANOTHER COUNTY. 6 10WheneverWhen the board of supervisorsutilizes a6 11 determines through the single entry point processto6 12determine or the court determinesthat the legal 6 13 settlement of the person is other than in the county 6 14 in which the application is receivedor the court is6 15located, the board or court shall, as soon as6 16determination is made,certify such findingthe 6 17 determination shall be certified to the superintendent 6 18 of the resource center or the special unit where the 6 19 person is a patient. The certification shall be 6 20 accompanied by a copy of the evidence supporting the 6 21 determination. The superintendent shall charge the 6 22 expenses already incurred and unadjusted, and all 6 23 future expenses of the patient, to the countyso6 24 certifieduntil the patient'sto be the county of 6 25 legal settlementshall be otherwise determined as6 26provided by this chapter. 6 27 Sec. 39. Section 222.63, Code 2003, is amended to 6 28 read as follows: 6 29 222.63 FINDING OF SETTLEMENT – OBJECTION. 6 30Said finding ofA board of supervisors' 6 31 certification utilizing the single entry point process 6 32 that a person's legal settlement is in another county 6 33 shallalsobecertifiedsent by the board of 6 34 supervisorsor the courtto thecountyauditor of the 6 35 county of legal settlement. The certification shall 6 36 be accompanied by a copy of the evidence supporting 6 37 the determination.SuchThe auditor of the county of 6 38 legal settlement shalllay such notification before6 39 submit the certification to the board of supervisors 6 40 of the auditor's countywhereuponand it shall be 6 41 conclusively presumed that the patient has a legal 6 42 settlement insaidthat county unlessthethat county 6 43shall, within six months, in writing filed with the6 44board of supervisors or the court giving such notice,6 45dispute said legal settlementdisputes the 6 46 determination of legal settlement as provided in 6 47 section 225C.8. 6 48 Sec. 40. Section 222.64, Code 2003, is amended to 6 49 read as follows: 6 50 222.64 FOREIGN STATE OR COUNTRY OR UNKNOWN LEGAL 7 1 SETTLEMENT. 7 2 If the legal settlement of the person isfound7 3 determined by the board of supervisors throughathe 7 4 single entry point processor the courtto be in a 7 5 foreign state or country or isfounddetermined to be 7 6 unknown, the board of supervisorsor the courtshall 7 7immediately notifycertify the determination to the 7 8 administratorof the finding and shall furnish the7 9administrator with a copy of the evidence taken on the7 10question of legal settlement. The certification shall 7 11 be accompanied by a copy of the evidence supporting 7 12 the determination. The care of the person shall be as 7 13 arranged by the board of supervisors or by an order as 7 14 the court may enter. Application for admission or 7 15 order of commitment may be made pending investigation 7 16 by the administrator. 7 17 Sec. 41. Section 222.65, Code 2003, is amended to 7 18 read as follows: 7 19 222.65 INVESTIGATION. 7 20TheIf an application is made for placement of a 7 21 person in a state resource center or special unit, the 7 22 administrator shall immediately investigate the legal 7 23 settlement of the person and proceed as follows: 7 24 1. If the administratorfinds that the decision of7 25the board of supervisors or the courtconcurs with a 7 26 certified determination as to legal settlement of the 7 27 personis correctso that the person is deemed a state 7 28 case, the administrator shall cause the person either 7 29 to be transferred to a resource center or a special 7 30 unitand there maintained at the expense of the state7 31 or to be transferred to the place of foreign 7 32 settlement. 7 33 2. If the administratorfinds that the decision of7 34the board of supervisors or the court is not correct7 35 disputes a certified determination of legal 7 36 settlement, the administrator shall order the person 7 37 transferred to a state resource center or a special 7 38 unitand there maintained at the expense of the county7 39of legal settlement in this stateuntil the dispute is 7 40 resolved. 7 41 3. If the administrator disputes a certified 7 42 determination of legal settlement, the administrator 7 43 shall utilize the procedure provided in section 225C.8 7 44 to resolve the dispute. A determination of the 7 45 person's legal settlement status made pursuant to 7 46 section 225C.8 is conclusive. 7 47 Sec. 42. Section 222.67, Code 2003, is amended to 7 48 read as follows: 7 49 222.67 CHARGE ON FINDING OF SETTLEMENT. 7 50WhereIf a person has been received into a resource 8 1 center or a special unit as a patient whose legal 8 2 settlement is supposedly outside the state or is 8 3 unknown and the administratorfindsdetermines that 8 4 the legal settlement of the patient was at the time of 8 5 admission or commitment in a county of this state, the 8 6 administrator shall certify the determination and 8 7 charge all legal costs and expenses pertaining to the 8 8 admission or commitment and support of the patient to 8 9 the county ofsuchlegal settlement. The 8 10 certification shall be sent to the county of legal 8 11 settlement. The certification shall be accompanied by 8 12 a copy of the evidence supporting the determination. 8 13 If the person's legal settlement status has been 8 14 determined in accordance with section 225C.8, the 8 15 legal costs and expenses shall be charged to the 8 16 county or as a state case in accordance with that 8 17 determination. The costs and expenses shall be 8 18 collected as provided by law in other cases. 8 19 Sec. 43. Section 222.70, Code 2003, is amended by 8 20 striking the section and inserting in lieu thereof the 8 21 following: 8 22 222.70 LEGAL SETTLEMENT DISPUTES. 8 23 If a dispute arises between counties or between the 8 24 department and a county as to the legal settlement of 8 25 a person admitted or committed to a resource center, a 8 26 special unit, or a community-based service, the 8 27 dispute shall be resolved as provided in section 8 28 225C.8. 8 29 Sec. 44. Section 230.2, unnumbered paragraph 1, 8 30 Code 2003, is amended to read as follows: 8 31TheIf a person's legal settlement status is 8 32 disputed, legal settlement shall be determined in 8 33 accordance with section 225C.8. Otherwise, the 8 34 district courtshallmay, whenathe person is ordered 8 35 placed in a hospital for psychiatric examination and 8 36 appropriate treatment, or as soon thereafter asitthe 8 37 court obtains the proper information, determine and 8 38 enter of record whether the legal settlement ofsaid8 39 the person is one of the following: 8 40 Sec. 45. Section 230.3, Code 2003, is amended to 8 41 read as follows: 8 42 230.3 CERTIFICATION OF SETTLEMENT. 8 43 Ifsucha person's legal settlement isfound8 44 determined through the county's single entry point 8 45 process to be in another county of this state,the8 46court shall, as soon as said determination is made,8 47 the county making the determination shall certifysuch8 48findingthe determination to the superintendent of the 8 49 hospital to whichsaid patientthe person is admitted 8 50 or committed, and thereupon said. The certification 9 1 shall be accompanied by a copy of the evidence 9 2 supporting the determination. Upon receiving the 9 3 certification, the superintendent shall charge the 9 4 expenses already incurred and unadjusted, and all 9 5 future expenses ofsuch patient,the person to the 9 6 countyso certified until saiddetermined to be the 9 7 county of legal settlementshall be otherwise9 8determined as hereinafter provided. 9 9 Sec. 46. Section 230.4, Code 2003, is amended to 9 10 read as follows: 9 11 230.4 CERTIFICATION TO DEBTOR COUNTY. 9 12Said findingA determination of a person's legal 9 13 settlement made in accordance with section 230.2 or 9 14 230.3 shallalsobecertifiedsent by the court or the 9 15 county to the county auditor of the county ofsuch9 16 legal settlement. The certification shall be 9 17 accompanied by a copy of the evidence supporting the 9 18 determination.SuchThe auditor shalllay such9 19notification beforeprovide the certification to the 9 20 board of supervisors of the auditor's county, and it 9 21 shall be conclusively presumed thatsuchthe person 9 22 has a legal settlement insaidthe notified county 9 23 unlesssaidthat countyshall within sixty days give9 24notice in writing to the court that the county9 25 disputes the finding of legal settlement as provided 9 26 in section 225C.8. 9 27 Sec. 47. Section 230.5, Code 2003, is amended to 9 28 read as follows: 9 29 230.5 NONRESIDENTS. 9 30 Ifsucha person's legal settlement isfound by the9 31courtdetermined in accordance with section 230.2 or 9 32 230.3 to be insomea foreign state or country, or is 9 33 unknown, the court or the county shall immediately 9 34notify thecertify the determination to the 9 35 administratorof the finding and furnish the9 36administrator with a copy of the evidence taken on the9 37question of legal settlement, and shall in its. The 9 38 certification shall be accompanied by a copy of the 9 39 evidence supporting the determination. A court order 9 40 issued pursuant to section 229.13 shall direct that 9 41 the patient be hospitalized at the appropriate state 9 42 hospital for persons with mental illness. 9 43 Sec. 48. Section 230.6, Code 2003, is amended to 9 44 read as follows: 9 45 230.6DETERMINATIONINVESTIGATION BY 9 46 ADMINISTRATOR. 9 47 The administrator shall immediately investigate the 9 48 legal settlement ofsaida patient and proceed as 9 49 follows: 9 50 1. If the administratorfinds that the decision of10 1the court as toconcurs with a certified determination 10 2 of legal settlementis correctconcerning the patient, 10 3 the administrator shall causesaidthe patient either 10 4 to be transferred to a state hospital for persons with 10 5 mental illness at the expense of the state, or to be 10 6 transferred, with approval of the court as required by 10 7 chapter 229 to the place of foreign settlement. 10 8 2. If the administratorfinds that the decision of10 9the court is not correctdisputes a certified legal 10 10 settlement determination, the administrator shall 10 11 ordersaidthe patient to be maintained at a state 10 12 hospital for persons with mental illness at the 10 13 expense of the state, and shall at once inform the10 14court of such finding and request that the court's10 15order be modified accordinglyuntil the dispute is 10 16 resolved. 10 17 3. If the administrator disputes a legal 10 18 settlement determination, the administrator shall 10 19 utilize the procedure provided in section 225C.8 to 10 20 resolve the dispute. A determination of the person's 10 21 legal settlement status made pursuant to section 10 22 225C.8 is conclusive. 10 23 Sec. 49. Section 230.9, Code 2003, is amended to 10 24 read as follows: 10 25 230.9 SUBSEQUENT DISCOVERY OF RESIDENCE. 10 26 If, after apatientperson has been receivedinto10 27 by a state hospital for persons with mental illness as 10 28 a state case patient whose legal settlement is 10 29 supposed to be outside this state or unknown, the 10 30 administratorfindsdetermines that the legal 10 31 settlement ofsaid patientthe person was, at the time 10 32 of admission or commitment, in a county of this state, 10 33saidthe administrator shall certify the determination 10 34 and charge all legal costs and expenses pertaining to 10 35 the admission or commitment and support ofsaid10 36patientthe person to the county ofsuchlegal 10 37 settlement, and the same. The certification shall be 10 38 sent to the county of legal settlement. The 10 39 certification shall be accompanied by a copy of the 10 40 evidence supporting the determination. The costs and 10 41 expenses shall be collected as provided by law in 10 42 other cases. If the person's legal settlement status 10 43 has been determined in accordance with section 225C.8, 10 44 the legal costs and expenses shall be charged to the 10 45 county or as a state case in accordance with that 10 46 determination. 10 47 Sec. 50. Section 230.12, Code 2003, is amended by 10 48 striking the section and inserting in lieu thereof the 10 49 following: 10 50 230.12 LEGAL SETTLEMENT DISPUTES. 11 1 If a dispute arises between different counties or 11 2 between the administrator and a county as to the legal 11 3 settlement of a person admitted or committed to a 11 4 state hospital for persons with mental illness, the 11 5 dispute shall be resolved as provided in section 11 6 225C.8. 11 7 Sec. 51. Section 232.141, subsection 8, Code 2003, 11 8 is amended to read as follows: 11 9 8. This subsection applies only to placements in a 11 10 juvenile shelter care home which is publicly owned, 11 11 operated as a county or multicounty shelter care home, 11 12 organized under a chapter 28E agreement, or operated 11 13 by a private juvenile shelter care home. If the 11 14 actual and allowable costs of a child's shelter care 11 15 placement exceed the amount the department is 11 16 authorized to pay in accordance with law and 11 17 administrative rule, the unpaid costs may be recovered 11 18 from the child's county of legal settlement. However, 11 19 the maximum amount of the unpaid costs which may be 11 20 recovered under this subsection is limited to the 11 21 difference between the amount the department is 11 22 authorized to pay and the statewide average of the 11 23 actual and allowable rates in effect in May of the 11 24 preceding fiscal year for reimbursement of juvenile 11 25 shelter care homes. In no case shall the home be 11 26 reimbursed for more than the home's actual and 11 27 allowable costs. The unpaid costs are payable 11 28 pursuant to filing of verified claims against the 11 29 county of legal settlement. A detailed statement of 11 30 the facts upon which a claim is based shall accompany 11 31 the claim. Any dispute between counties arising from 11 32 filings of claims pursuant to this subsection shall be 11 33 settled in the manner provided to determine legal 11 34 settlement in section230.12225C.8. 11 35 Sec. 52. Section 249A.26, Code 2003, is amended by 11 36 adding the following new subsection: 11 37 NEW SUBSECTION. 5. If a dispute arises between 11 38 different counties or between the department and a 11 39 county as to the legal settlement of a person who 11 40 receives medical assistance for which the nonfederal 11 41 share is payable in whole or in part by a county of 11 42 legal settlement, and cannot be resolved by the 11 43 parties, the dispute shall be resolved as provided in 11 44 section 225C.8. 11 45 Sec. 53. Section 252.23, Code 2003, is amended to 11 46 read as follows: 11 47 252.23 TRIAL. 11 48 If the alleged settlement is disputed, then, within 11 49 thirty days after notice as provided in section 11 50 252.22, a copy of the notices sent and received shall 12 1 be filed in the office of the clerk of the district 12 2 court of the county against which claim is made, and a 12 3 cause docketed without other pleadings, and tried as 12 4 an ordinary action, in which the county granting the 12 5 assistance shall be plaintiff, and the other 12 6 defendant, and the burden of proof shall be upon the 12 7 county granting the assistance. However, a legal 12 8 settlement dispute initiated under chapter 222, 230, 12 9 or 249A shall be resolved as provided in section 12 10 225C.8. 12 11 Sec. 54. APPLICABILITY. 12 12 1. The timeframes specified in section 225C.8, as 12 13 enacted by this division of this Act, are applicable 12 14 to legal settlement disputes involving billings for 12 15 services provided on or after July 1, 2004. 12 16 2. For legal settlement disputes involving 12 17 billings for services provided prior to July 1, 2004, 12 18 unless the county disputed the billing prior to July 12 19 1, 2004, the person's legal settlement shall be deemed 12 20 to be in the county that was billed for services 12 21 provided to the person. However, if a county disputed 12 22 the billing for a service provided prior to July 1, 12 23 2004, and the matter cannot be resolved with the 12 24 department of human services or with the other county, 12 25 in lieu of the forty-five-day period specified in 12 26 section 225C.8, subsection 2, a party may move for the 12 27 matter to be resolved in the manner provided in 12 28 section 225C.8, at any time prior to January 1, 2005. 12 29 If a party has not made such a motion, effective 12 30 January 1, 2005, the matter shall be closed and the 12 31 person's legal settlement shall be in the county that 12 32 was billed for services provided to the person. 12 33 Sec. 55. Sections 222.71, 222.72, 230.13, and 12 34 230.14, Code 2003, are repealed." 12 35 12 36 12 37 12 38 KEN VEENSTRA 12 39 SF 2248.701 80 12 40 jp/gg
Text: S05267 Text: S05269 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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