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SENATE FILE 466 - Child Care and Child Care Providers - Obtaining Public Funding by Fraudulent Means Full Text of Bill
This Act provides that a child care provider who has been found, in an administrative or judicial proceeding, to have used fraudulent means to obtain public funding for child care is subject to administrative sanctions from the Department of Human Services (DHS). The Act defines "fraudulent means" as knowingly making a false statement or misrepresenting a material fact, knowingly failing to disclose a material fact, or committing a fraudulent practice. If a child care provider is found to have used fraudulent means to obtain public funding for provision of child care in an amount equal to or in excess of the minimum amount for a fraudulent practice in the second degree ($1,000 under current law), the provider is subject to sanction. Under the Act, a sanctioned child care provider is subject to a period during which receipt of public funding is conditioned upon no further violations. Other sanctions DHS may impose are listed along with factors that are to be considered in imposing a sanction. The sanctions range from special review of claims to suspension or ineligibility for receiving public funding. The department is required to provide information to the parents of the children receiving care from the provider regarding the provider's actions leading to sanction and the sanction imposed. If the provider does not provide the names and addresses of the children receiving care, DHS must suspend the provider's registration or license or seek an injunction enjoining the provider from providing child care, or do both. The department may request the Attorney General to file a petition for the injunction with the district court. If the sanction involves a provider's suspension or ineligibility to receive public funding from provision of child care, DHS is required to give advance notice to the parents of the affected children and, upon request, assist those parents in locating replacement child care. SENATE FILE 2280 - Rehabilitative Treatment Services Provider Regulation Full Text of Bill
This Act directs the Department of Human Services to revise the requirements for certain child welfare services providers reimbursed for rehabilitative treatment services under the Medical Assistance (Medicaid) Program. The department is directed to adopt rules implementing the recommendations of the department's rehabilitative treatment services provider regulation and continuous quality improvement work group concerning the treatment services providers. The changes include permitting deemed status for those providers that are certified or accredited by certain national bodies, expanding the set of qualifications accepted for staff positions, and accepting a change in a treatment plan rather than requiring the plan to be rewritten. If federal approval for a change is required, the department must apply for and receive the approval prior to implementation. Also, the department must determine that a change can be implemented without additional cost to the state. The changes are divided into two groups, with the first group to be implemented by April 1, 2003, and the second group by December 31, 2003, or within 60 days of receiving federal approval, whichever is later. The department may utilize emergency rule procedures that waive the requirements for public comment and hearings but retain review by the Legislature's Administrative Rules Review Committee. The Act takes effect April 23, 2002. HOUSE FILE 2340 - Family Investment Program Limited Benefit Plans - Well-Being Visits Full Text of Bill
This Act allows a well-being visit to be conducted on an optional basis under a Family Investment Program (FIP) Limited Benefit Plan. Under current law, the first time a FIP participant chooses a limited benefit plan, the period of ineligibility for cash assistance continues until the participant completes significant contact with or action in regard to the Promoting of Independence and Self-Sufficiency Through Employment Job Opportunities and Basic Skills (PROMISE JOBS) Program. A second or subsequent limited benefit plan provides for a six-month period of ineligibility, with the ineligibility continuing indefinitely after that period until the participant completes such significant contact or action. Prior law required a well-being visit to be performed with the participant's family when a participant chose a second or subsequent benefit plan. The Act makes the previously required well-being visit optional for the Department of Human Services, allows the department to either conduct the visit or, subject to the availability of funding, contract for it. Effective April 1, 2002, the department is directed to terminate its contract with the Iowa Department of Public Health for conducting the visits. The Act takes effect March 14, 2002. HOUSE FILE 2395 - Support of Dependents - Calculation and Withholding - Medical and Educational Support Full Text of Bill
This Act makes changes in the law relating to child support, including those relating to medical support and the calculation of the child support amount relative to receipt by a parent of federal social security disability benefits, postsecondary education subsidy provisions, and adoption of a child receiving child support. The Act amends Code Chapter 252E, relating to medical support, to reflect federal requirements for use of a national medical support notice. The Act provides definitions, directives to employers and to health benefit plan administrators in complying with the medical support notice, and criteria and a procedure to be used in the selection of a health benefit plan in order to comply with the medical support notice. The Act also makes conforming changes in Code Chapter 252D, relating to income withholding, to reflect the changes relating to the medical support notice. The Act amends Code Chapter 252H, relating to the adjustment and modification of support orders, and Code Chapter 598, relating to dissolution of marriage and domestic relations, to reflect the decision of the Iowa Supreme Court in In re Marriage of Hilmo, 623 N.W.2d 809 (Iowa 2001), relating to the effect of receipt of social security disability (SSD) payments on the calculation of the child support amount owed and payment of the obligation. In Hilmo, the court held that if a child receives SSD benefits as the result of a parent's disability, the payment amount is to be included as income to the parent when calculating the amount of child support. After calculating the amount of child support, if the disabled parent is the obligor, the obligor's support obligation is then to be credited, dollar for dollar, in the amount of the SSD payment made to the dependent, with any remaining obligation amount to be paid by the obligor. Currently, if a child receives SSD benefits as the result of the obligor's disability, notwithstanding the amount of the child support obligation calculated under the child support guidelines, the SSD payment to the dependent is considered payment in full of the obligation. The Act also amends Code Chapter 252H to allow for a determination of the amount of delinquent support due as part of an administrative adjustment or modification of a support order if the order involves receipt of SSD payments. The Act provides that unless the court otherwise provides, dependent benefits paid to a child support obligee as a result of SSD benefits awarded to an obligor are to fully satisfy and substitute for the support obligation for the same period of time for which benefits are awarded. The Act also provides that the SSD dependent benefit payment amount is to be included as income to the disabled parent when calculating the child support obligation amount. Under the Act, an order or judgment for support for a child for whom SSD dependent benefit payments are paid to the child support obligee is to include all of the following: a statement of the dollar amount of the child support obligation as calculated under the child support guidelines and that the SSD dependent benefit payment amount was included as income to the obligor in calculation of the child support obligation amount; the dollar amount of the SSD dependent benefit payment made to the obligee which is to satisfy the obligation amount on a dollar-for-dollar basis; and the dollar amount, if any, that the obligor is to pay following application of the SSD dependent benefit payment amount to the obligation amount. The Act also provides that the amount of the child support obligation satisfied by the application of the SSD dependent benefit payment to the obligation amount is not to be considered delinquent. The Act provides that notice of an adoption hearing is to be provided to a person who is ordered to pay support or a postsecondary education subsidy for a person 18 years of age or older who is being adopted by a stepparent, and the support order requires payment of support or a postsecondary education subsidy for any period of time after the child reaches 18 years of age. The Act provides that a support order, decree, or judgment entered or pending before July 1, 1997, that provides for support of a child for college, university, or community college expenses, may be modified in accordance with the postsecondary education subsidy provisions that became effective July 1, 1997. The requirements of 1997 Iowa Acts, Chapter 175, section 190, included a provision that established a formula for determining the contribution of the parents and the child for payment of postsecondary education expenses of that child. Under the provision, Code Section 598.21, subsection 5A, the court may grant the subsidy for good cause shown. In In re Marriage of Williams, 595 N.W.2d 126 (Iowa 1999), the Iowa Supreme Court held, in part, that since no express provision was included in the statute to make the postsecondary education subsidy provision effective retroactively, the provision took effect July 1, 1997, and could not be applied retroactively to support orders entered or pending before that date. This Act would allow for modification of those support orders, decrees, or judgments entered or pending prior to July 1, 1997, that provided support for college, university, or community college expenses, through retroactive application of the postsecondary education subsidy provisions. This provision takes effect March 15, 2002, and is retroactively applicable to support orders, decrees, or judgments entered or pending before July 1, 1997. HOUSE FILE 2416 - Mental Health and Developmental Disability Services Full Text of Bill
This Act relates to mental health and developmental disability services requirements involving Medical Assistance (Medicaid) Program waiver services, intermediate care facilities for persons with mental retardation, and community mental health centers. An exception involving the home and community-based waiver services under the Medicaid Program is revised in Code Section 135C.6, relating to an exemption from required licensing of a certain type of residential program as a health care facility. Under current law, a residential program providing care to not more than four individuals and receiving moneys under such a waiver for persons with mental retardation or other Medicaid program is not required to have a health care facility license. The Act deletes a related provision that allows up to 40 residential care facilities for persons with mental retardation serving not more than five persons to convert to a waiver program facility serving not more than five persons. Code Section 249A.20, relating to Medicaid Program reimbursement of noninstitutional providers, is amended to clarify that providers of case management services for persons with a developmental disability or chronic mental illness and providers of services to persons with chronic mental illness under the Medicaid Program's adult rehabilitation option are not to be considered a noninstitutional health provider. New Code Section 249A.26 provides for county and state responsibility for the nonfederal share of the costs of services provided under the adult rehabilitation option, depending upon the consumer's legal settlement status. New Code Section 249A.31 requires that such providers will receive cost-based reimbursement. These provisions take effect April 22, 2002. New Code Section 249A.30 establishes new reimbursement requirements for home and community-based services providers to persons with mental retardation under the Medicaid Program. Code Section 249A.29 is amended to utilize existing definitions for waiver providers in the new section. Such a waiver services provider's base reimbursement rate is required to be recalculated at least every three years. The annual inflation factor used to adjust these waiver services providers' reimbursement rate for a fiscal year is limited to the percentage increase in the employment cost index for private industry compensation issued for the most recently completed calendar year by the federal Department of Labor, Bureau of Labor Statistics. The Department of Human Services (DHS) and the Mental Health and Developmental Disabilities Commission are directed to adopt new rules or amend existing rules so that residential services for a person with a developmental disability under the waiver program and other funding or programs for such persons allow residential programs to serve at least four individuals or the number allowed under a departmental exception to policy. In addition, the Act lists existing rules that are to be revised involving supported community living services in order to eliminate a requirement that the majority of living units must be occupied by individuals who do not have a disability. The Act also requires a change in waiver rules for persons with mental retardation so that children who are age 16 or older may utilize supported community living services for community vocational training and support during the school year and in the summer. Certificate of need requirements for intermediate care facilities for persons with mental retardation (ICFMR) are addressed. Code Section 135.63, subsection 4, which under prior law was only applicable to the period beginning July 1, 1995, and ending June 30, 1998, is amended to make the requirements permanent. In addition, requirements that an ICFMR applicant must have a letter of support from the Director of Human Services and must meet standards for family scale and size, location, and community inclusion in rules adopted by DHS are eliminated. For fiscal year 2002-2003, the Health Facilities Council cannot approve an application that would result in more than 10 new or changed ICFMR beds. Medicaid provider requirements involving community mental health centers in DHS's policy manuals are addressed. Effective July 1, 2002, the department must revise the provision that requires a patient to have an interview with a psychiatrist in order for a mental health professional's services to be reimbursable. Instead, the initial evaluation interview must be performed by a mental health professional and if that evaluation indicates a need for referral for an interview with a psychiatrist, that referral is required. Requirements for a patient staffing meeting to be held within four weeks of the initial interview and for subsequent staffing meetings every four months are eliminated, providing that these purposes are to be achieved through the peer review process in effect for community mental health centers. Rules adopted, amended or repealed pursuant to the Act are to be processed through the emergency provisions of Code Chapter 17A so that notice and comment periods are not required. However, the rules cannot take effect before the rules are reviewed by the Administrative Rules Review Committee. Unless the committee delays the effective date or the rules include a later effective date, the rules take effect immediately upon adoption. HOUSE FILE 2430 - Administration of Mental Health and Developmental Disabilities Services Full Text of Bill
This Act provides for the Mental Health and Developmental Disabilities (MH/DD) Commission to assume the duties of the State-County Management Committee, incorporates membership positions from the committee into the commission, and transfers certain rules adoption authority from the Council on Human Services to the commission. The State-County Management Committee was created in the mid-1990s to facilitate communication between the Department of Human Services and counties regarding their respective roles with the MH/DD service system. Code Section 225C.5, relating to the membership of the commission, is amended to expand the number of voting members from 15 to 16 and to make the following revisions in the membership appointed by the Governor and confirmed by the Senate: the existing positions for county supervisors are reduced from four to three and must be appointed from nominees submitted by the county supervisors affiliate of the Iowa State Association of Counties, two positions are designated for administrators of the county single entry point process for MH/DD services (known as the central point of coordination administrator or "CPC"), one member is to be nominated by the state council for the American Association of Federal, State, County, and Municipal Employees, one member is to be nominated by service consumers, two members are to be nominated by service advocates with one of these an active member of a statewide organization for persons with brain injury, two members are to be selected from nominees of the Director of Human Services, one member is to be a service consumer, one member is to be a parent of a child service consumer, and one member is to be a parent or other family member living and receiving services at a state resource center. In addition, four members of the General Assembly are to be designated by legislative leaders to serve in an ex officio, nonvoting capacity. The commission is charged with the new duties of performing analyses and other functions for a redesign of the MH/DD services systems for adults and children and receiving and considering any executive branch task force reports relating to MH/DD services. Under prior law, the primary responsibilities and membership appointment provisions for the State-County Management Committee were in Code Section 331.438 as part of the County Home Rule Implementation Code chapter. The Act replaces references to the committee in Code Section 331.438 with references to the commission, thereby allowing the commission to assume the duties of the committee, and repeals the committee's membership requirements in Code Section 331.438. The Act transfers rules adoption authority for various county-administered MH/DD services from the Council on Human Services to the commission. The rules adopted by the council prior to July 1, 2001, will remain in effect until amended or repealed by the commission or pursuant to legislative or executive action. The changes in the membership of the commission are to be implemented effective November 1, 2002, by terminating the membership and providing for the Governor to make new appointments. The commission is directed to consult with the state Long-Term Care Resident's Advocate and the Governor's Developmental Disabilities Council in submitting a report to the General Assembly regarding the continuation of resident advocate committees for residential care facilities licensed to serve persons with mental illness or mental retardation. The report is to be submitted by January 1, 2003. The membership of the Risk Pool Board, responsible for deciding requests by counties to address unanticipated MH/DD costs, is revised to add a service provider slot. | |||
RELATED LEGISLATION | |||
SENATE FILE 2124 - Public Defense, Emergency Management, and Iowa Technology Center
SENATE FILE 2205 - Regulation of Child Care and Child Care Providers
SENATE FILE 2231 - Single Contact Repository - Hospital Access to Current and Prospective Employee Records
SENATE FILE 2275 - Substantive Code Corrections
SENATE FILE 2286 - Sexually Violent Predators - Civil Commitment
SENATE FILE 2304 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions
HOUSE FILE 2075 - Economic Emergency Funds - Transfer to Tobacco Settlement and Senior Living Trust Funds
HOUSE FILE 2245 - Medical Assistance - Appropriations and Related Provisions
HOUSE FILE 2399 - Case Permanency Plans - Foster Children Aged Sixteen or Older
HOUSE FILE 2487 - Medical Assistance Program - Disproportionate Share Hospital Payments for Inpatient Children's Hospital Services
HOUSE FILE 2488 - Older American Community Service Employment and Senior Internship Programs
HOUSE FILE 2518 - Child Foster Care and Adoption
HOUSE FILE 2582 - Federal Block Grant Appropriations
HOUSE FILE 2613 - Senior Living and Hospital Trust Funds Appropriations
HOUSE FILE 2615 - Healthy Iowans Tobacco Trust and Tobacco Settlement Trust Fund - Appropriations
HOUSE FILE 2622 - Tax Administration - Additional Related Matters
HOUSE FILE 2623 - Compensation for Public Employees and Additional Provisions
HOUSE FILE 2625 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - Fiscal Year 2001-2002 - SECOND EXTRAORDINARY SESSION
HOUSE FILE 2627 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - 2002-2003 and Prior Fiscal Years - SECOND EXTRAORDINARY SESSION
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