House Journal: Page 941: Wednesday, April 2, 2003
Page 7
1 5. The department may procure a sole source
2 contract to implement the provisions of this section.
3 6. For the purposes of this section, "nursing
4 facility" means nursing facility as defined in section
5 135C.1, excluding residential care facilities and
6 nursing facilities that are operated by the state.
7 7. The department may adopt administrative rules
8 under section 17A.4, subsection 2, and section 17A.5,
9 subsection 2, paragraph "b", to implement this
10 section.
11 Sec. . NEW SECTION. 249A.29A HOME AND
12 COMMUNITY-BASED SERVICES WAIVER - ELIGIBILITY
13 DETERMINATIONS.
14 1. A level of care eligibility determination of an
15 individual seeking approval by the department to
16 receive services under a waiver shall be completed
17 only by a person not participating as a provider of
18 services under a waiver. For the purposes of this
19 section, "provider" and "waiver" mean provider and
20 waiver as defined in section 249A.29.
21 2. Funds appropriated to the department of elder
22 affairs for the purpose of conducting level of care
23 eligibility determinations shall be transferred and
24 made available to the department of human services.
25 3. The department of human services may procure a
26 sole source contract with an outside entity or
27 contractor to conduct level-of-care eligibility
28 determinations.
29 4. The department may adopt administrative rules
30 under section 17A.4, subsection 2, and section 17A.5,
31 subsection 2, paragraph "b", to implement this
32 section.
33 Sec. . Section 249B.3, subsection 1, unnumbered
34 paragraph 1, Code 2003, is amended to read as follows:
35 The department may shall issue a notice
36 establishing and demanding payment of an accrued or
37 accruing spousal support debt due and owing to the
38 department. The notice shall be served upon the
39 community spouse in accordance with the rules of civil
40 procedure. The notice shall include all of the
41 following:
42 Sec. . MEDICAL ASSISTANCE PROGRAM -
43 PHARMACEUTICALS - RECIPIENT REQUIREMENTS.
44 1. The department of human services shall
45 reimburse pharmacy dispensing fees using a single rate
46 of $4.26 per prescription or the pharmacy's usual and
47 customary fee, whichever is lower.
48 2. The department of human services shall require
49 recipients of medical assistance to pay the following
50 copayment on each prescription filled for a covered
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