Text: SF02008 Text: SF02010 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.1, subsection 17, Code Supplement 1 2 2003, is amended to read as follows: 1 3 17. "Residential care facility" means any institution, 1 4 place, building, or agency providing for a period exceeding 1 5 twenty-four consecutive hours accommodation, board, personal 1 6 assistance and other essential daily living activities to 1 7 three or more individuals, not related to the administrator or 1 8 owner thereof within the third degree of consanguinity, who by 1 9 reason of illness, disease, or physical or mental infirmity 1 10 are unable to sufficiently or properly care for themselves but 1 11 who do not require the services of a registered or licensed 1 12 practical nurse except on an emergency basis or who by reason 1 13 of illness, disease, or physical or mental infirmity are 1 14 unable to sufficiently or properly care for themselves but who 1 15 do not require the services of a registered or licensed 1 16 practical nurse except on an emergency basis if home and 1 17 community-based services, other than nursing services, of the 1 18 type and within the cost limits included under the medical 1 19 assistance program pursuant to chapter 249A are provided. 1 20 Sec. 2. Section 135C.4, Code 2003, is amended to read as 1 21 follows: 1 22 135C.4 RESIDENTIAL CARE FACILITIES. 1 23 Each facility licensed as a residential care facility shall 1 24 provide an organized continuous twenty-four-hour program of 1 25 care commensurate with the needs of the residents of the home 1 26 and under the immediate direction of a person approved and 1 27 certified by the department whose combined training and 1 28 supervised experience is such as to ensure adequate and 1 29 competent care. All admissions to residential care facilities 1 30 shall be based on an order written by a physician certifying 1 31 that the individual being admitted does not require nursing 1 32 services or that the individual's need for nursing services 1 33 can be avoided if home and community-based services, other 1 34 than nursing services, of the type and within the cost limits 1 35 included under the medical assistance program pursuant to 2 1 chapter 249A are provided to the individual. 2 2 Sec. 3. NEW SECTION. 222.60A COST OF ASSESSMENT. 2 3 Notwithstanding any provision of this chapter to the 2 4 contrary, any amount attributable to any fee assessed pursuant 2 5 to section 249A.21 that would otherwise be the liability of 2 6 any county shall be paid by the state. The department may 2 7 transfer funds from the appropriation for medical assistance 2 8 to pay any amount attributable to any fee assessed pursuant to 2 9 section 249A.21 that is a liability of the state. 2 10 Sec. 4. Section 249.3, Code 2003, is amended by adding the 2 11 following new subsection: 2 12 NEW SUBSECTION. 4. At the discretion of the department, 2 13 persons who meet the criteria listed in all of the following 2 14 paragraphs: 2 15 a. Are either of the following: 2 16 (1) Sixty-five years of age or older. 2 17 (2) Disabled as defined by 42 U.S.C. } 1382c(a)(3), except 2 18 that being engaged in substantial gainful activity shall not 2 19 preclude a determination of disability for the purpose of this 2 20 subparagraph. 2 21 b. Live in one of the following: 2 22 (1) The individual's own home. 2 23 (2) The home of another individual. 2 24 (3) A group living arrangement. 2 25 (4) A medical facility. 2 26 c. Would be eligible for supplemental security income 2 27 benefits but for having excess income or but for being engaged 2 28 in substantial gainful activity and having excess income. 2 29 d. Are not eligible for another state supplementary 2 30 assistance group. 2 31 e. Receive medical assistance under chapter 249A and are 2 32 not required to meet a spend-down or pay a premium to be 2 33 eligible for such benefits. 2 34 f. Is currently eligible for Medicare part B. 2 35 g. Have income exceeding one hundred thirty-five percent 3 1 of the federal poverty level but not exceeding the medical 3 2 assistance income limit for the eligibility group for the 3 3 individual person's living arrangement. 3 4 Sec. 5. Section 249.4, Code 2003, is amended to read as 3 5 follows: 3 6 249.4 APPLICATION – AMOUNT OF GRANT. 3 7 1. Applications for state supplementary assistance shall 3 8 be made in the form and manner prescribed by the director or 3 9 the director's designee, with the approval of the council on 3 10 human services, pursuant to chapter 17A. Each person who so 3 11 applies and is found eligible under section 249.3 shall, so 3 12 long as the person's eligibility continues, receive state 3 13 supplementary assistance on a monthly basis, from funds 3 14 appropriated to the department for the purpose. 3 15 2. Any person who applies within fifteen months from the 3 16 date of implementation of eligibility pursuant to section 3 17 249.3, subsection 4, and who would have been eligible under 3 18 that subsection for any period on or after October 1, 2003, 3 19 may be granted benefits retroactive to October 1, 2003. 3 20 Sec. 6. Section 249A.21, subsection 1, Code 2003, is 3 21 amended to read as follows: 3 22 1. The department may assess intermediate care facilities 3 23 for persons with mental retardation, as defined in section 3 24 135C.1,that are not operated by the state,a fee in an amount 3 25 not to exceed six percent of the total annual revenue of the 3 26 facility for the preceding fiscal year. 3 27 Sec. 7. Section 249A.21, Code 2003, is amended by adding 3 28 the following new subsection: 3 29 NEW SUBSECTION. 6. The department may adopt 3 30 administrative rules under section 17A.4, subsection 2, and 3 31 section 17A.5, subsection 2, paragraph "b", to implement this 3 32 section, and any fee assessed pursuant to this section against 3 33 an intermediate care facility for persons with mental 3 34 retardation that is operated by the state may be made 3 35 retroactive to October 1, 2003. 4 1 Sec. 8. 2003 Iowa Acts, chapter 112, section 4, subsection 4 2 9, is amended to read as follows: 4 3 9. The department may adopt administrative rules under 4 4 section 17A.4, subsection 2, and section 17A.5, subsection 2, 4 5 paragraph "b", to implement this section, and any assessment 4 6 made pursuant to this section may be made retroactive to 4 7 October 1, 2003. 4 8 Sec. 9. RETROACTIVE APPLICABILITY. The following 4 9 provisions of this Act are retroactively applicable to October 4 10 1, 2003: 4 11 1. The provision creating section 222.60A, relating to the 4 12 costs of the assessment for intermediate care facilities for 4 13 persons with mental retardation. 4 14 2. The provision creating section 249.3, subsection 4, 4 15 relating to state supplementary assistance eligibility. 4 16 3. The provision amending section 249.4, relating to 4 17 applications and amounts of grants for state supplementary 4 18 assistance. 4 19 4. The provision amending section 249A.21, subsection 1, 4 20 and the provision creating section 249A.21, subsection 6, 4 21 relating to the nursing facility quality assurance assessment. 4 22 5. The provision amending 2003 Iowa Acts, chapter 112, 4 23 section 4, subsection 9, relating to the adoption of 4 24 administrative rules relating to the nursing facility quality 4 25 assurance assessment. 4 26 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 4 27 immediate importance, takes effect upon enactment. 4 28 EXPLANATION 4 29 This bill makes changes relative to the medical assistance 4 30 and state supplementary assistance (SSA) programs. 4 31 The bill changes the definition of residential care 4 32 facility for the purposes of providing Medicaid waiver 4 33 services in these facilities. 4 34 The bill expands the assessment on intermediate care 4 35 facilities for persons with mental retardation to include 5 1 those operated by the state and provides for the transfer of 5 2 funds from the medical assistance appropriation to cover 5 3 payment of the amounts attributable to the assessment. These 5 4 provisions are retroactively applicable to October 1, 2003. 5 5 The bill amends the eligibility provisions for state 5 6 supplementary assistance to cover additional persons. This 5 7 provision is retroactively applicable to October 1, 2003. 5 8 The bill also provides that the nursing facility quality 5 9 assurance assessment is retroactively applicable to October 1, 5 10 2003. 5 11 The bill takes effect upon enactment. 5 12 LSB 5555XS 80 5 13 pf/sh/8
Text: SF02008 Text: SF02010 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2004 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Jan 23 03:30:00 CST 2004
URL: /DOCS/GA/80GA/Legislation/SF/02000/SF02009/040114.html
jhf