HUMAN SERVICES

HOUSE FILE 2134 - Medical Assistance and State Supplementary Assistance Programs - Miscellaneous Changes
HOUSE FILE 2378 - Medical Assistance Trusts - Payment Rates
HOUSE FILE 2390 - Human Services - Miscellaneous Changes
HOUSE FILE 2441 - Spanish Language Interpreter Qualifications

RELATED LEGISLATION

SENATE FILE 2167 - Descent and Distribution of Property - Disclaimers of Powers, Rights, or Interests in Property and Medical Assistance Benefits Recovery

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act relates to the Iowa Probate Code, including provisions relating to estate recovery of medical assistance benefits, the power to disclaim property interests, and trusts. Changes made in the area of human services allow the Department of Human Services to obtain funds in satisfaction of a decedent's medical assistance debts when no successor affidavit has been presented to the court in which the decedent's estate is being administered.

SENATE FILE 2183 - Long-Term Care Asset Disregard Incentive Program - VETOED BY THE GOVERNOR

SEE BUSINESS, BANKING & INSURANCE. This bill would have established an Iowa Long Term Care Asset Disregard Incentive Program administered by the Department of Human Services and the Insurance Division of the Department of Commerce.

SENATE FILE 2193 - Sexually Violent Offenses - Insanity of Defendant - Civil Commitment

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act provides that if a sexually violent predator petition is filed, and the person was previously found not guilty by reason of insanity for a sexually violent criminal offense, the court shall determine whether the elements of the sexually violent criminal offense were proven as a matter of law; if so proven, no further fact-finding is required in the civil commitment proceeding.

SENATE FILE 2272 - Confinement of Dangerous or Mentally Incompetent Persons

SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS. This Act relates to detaining criminal defendants who are mentally incompetent or who are dangerous to others or property. The Act provides that if a criminal defendant is incompetent to stand trial and does not pose a danger to the public peace and safety, the person shall be placed in a facility operated by the Department of Human Services for treatment.

SENATE FILE 2288 - Federal Block Grant Appropriations

SEE APPROPRIATIONS. This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2004, and ending September 30, 2005. The Act includes funding for maternal and child health, preventive health and health services, substance abuse programs, low-income energy assistance, mental health, child care, social services, and other health and human services-related programs.

SENATE FILE 2298 - Government Funding, Administration, and Regulation - Appropriations and Miscellaneous Changes

SEE APPROPRIATIONS. Divisions V and VI of this Act make appropriations for health and human services and provide numerous related provisions. Division VII distributes and appropriates state funding for MH/MR/DD/BI services provided by counties for FY 2004-2005 and FY 2005-2006. Division X increases the voting membership of the Iowa Empowerment Board by the addition of the Director of the Department of Economic Development, and provides that the requirement that health care facilities assist in identifying residents who are eligible for benefits from the federal Department of Veterans Affairs does not apply to individuals admitted to the Iowa Veterans Home.

HOUSE FILE 250 - Assaults on Board of Parole Members or Employees and Department of Human Services Employees

SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS. This Act increases certain criminal penalties for assaulting an employee of the Department of Human Services.

HOUSE FILE 2039 - State Budget Adjustments - Cash Reserve and Senior Living Trust Funds

SEE APPROPRIATIONS. This Act provides for a transfer from the Cash Reserve Fund to the General Fund of the State for FY 2002-2003 and includes a new standing appropriation of a portion of a surplus in the ending balance of the General Fund of the State to repay moneys appropriated from the Senior Living Trust Fund.

HOUSE FILE 2146 - Sex Offender Registration Requirements - Incest Committed Against Dependent Adult

SEE CRIMINAL LAW, PROCEDURE & COURT ADMINISTRATION. This Act requires a person convicted of incest against a dependent adult to register as a sex offender.

HOUSE FILE 2327 - Child Abuse Assessment and Training

SEE CHILDREN & YOUTH. This Act relates to child abuse assessment requirements involving notification of parents, interviews of persons alleged to have committed child abuse, and the training of child protection workers employed by the Department of Human Services.

HOUSE FILE 2328 - Disclosure of Department of Human Services Records and Information

SEE CHILDREN & YOUTH. This Act relates to Department of Human Services (DHS) child protection confidentiality requirements involving cases of child fatality or near fatality. The Act amends statutory restrictions involving confidentiality of DHS records to allow an exception for disclosure of information for certain cases of child abuse involving a child fatality or near fatality. The information subject to disclosure includes names and addresses of individuals receiving services or assistance from DHS, the types of services or amounts of assistance provided, information concerning the social or economic conditions or circumstances of particular individuals who are receiving or have received services or assistance from DHS, and agency evaluations of information about a particular individual.

HOUSE FILE 2350 - Family Investment Program Eligibility Requirements

SEE CHILDREN & YOUTH. This Act relates to Family Investment Program (FIP) eligibility requirements involving motor vehicle equity and required school attendance, and addresses FIP agreements.

HOUSE FILE 2462 - Child Welfare Pilot Projects

SEE CHILDREN & YOUTH. This Act requires the Department of Human Services to implement two types of child welfare pilot projects.

HOUSE FILE 2481 - Child in Need of Assistance Dispositional Orders

SEE CHILDREN & YOUTH. This Act expands the circumstances by which, and the grounds upon which, the juvenile court may modify, vacate and substitute, or terminate a child in need of assistance dispositional order.

HOUSE FILE 2528 - Modification of Child Custody Orders - Entry of Juvenile Court Dispositional Order

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act allows the district court to consider a juvenile court custody order entered pursuant to Code Chapter 232 when modifying custody or support orders made pursuant to Code Chapter 598.

HOUSE FILE 2537 - Mental Illness, Mental Retardation, Developmental Disability, and Brain Injury Services and Support

SEE LOCAL GOVERNMENT. This Act addresses redesign of the system for services and other support provided for persons with mental illness, mental retardation or other developmental disabilities, or brain injury (MI/MR/DD/BI) and includes numerous requirements involving the Department of Human Services and the MI/MR/DD/BI Commission.

HOUSE FILE 2577 - Healthy Iowans Tobacco Trust and Tobacco Settlement Trust Fund - Appropriations - Miscellaneous Provisions

SEE APPROPRIATIONS. This Act relates to and makes appropriations from the Healthy Iowans Tobacco Trust.

HUMAN SERVICES

HOUSE FILE 2134 - Medical Assistance and State Supplementary Assistance Programs - Miscellaneous Changes (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act makes changes relative to the Medical Assistance (Medicaid) and State Supplementary Assistance Programs.

The Act changes the definition of "residential care facility" for the purposes of providing Medicaid home and community-based waiver services in these facilities. The Act allows counties to request an expansion of the county's waiver payment slots under the Medicaid Program to address the changes in the definition in the Act. Any expansion in the number of slots is to be implemented on July 1, 2004, or the date authorized by federal approval, whichever is later.

The Act expands the assessment of a fee on intermediate care facilities for persons with mental retardation to include those operated by the state and provides for the transfer of funds from the Medicaid Program appropriation to cover payment of the amounts attributable to the assessment that would otherwise be a county liability. These provisions are retroactively applicable to October 1, 2003. The Act amends the eligibility provisions for state supplementary assistance to cover additional persons. This provision is retroactively applicable to October 1, 2003.

The Act also provides that the nursing facility quality assurance assessment fee is retroactively applicable to October 1, 2003.

The Act takes effect April 16, 2004.

HOUSE FILE 2378 - Medical Assistance Trusts - Payment Rates (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the income limits for medical assistance income trusts, also known as Miller Trusts. In order to qualify for payment of nursing facility care under the Medical Assistance (Medicaid) Program, a person must have income that is less than three times the federal Supplemental Security Income Program's benefit level. Many individuals have too much income to qualify for Medicaid payment of facility care, but have too little income to pay for the care. Federal law requires states to cover nursing facility care for individuals with income over the income limit by allowing for the establishment of a specific type of trust (medical assistance income trust in Iowa) to allow for the diversion of income. Because monthly income paid into the trust is not counted in determining the individual's income, the individual can then meet Medicaid Program eligibility requirements.

Medical assistance income trusts have requirements as to the disposition of payments made from the trust. In determining the disposition of payments from the trust, the average statewide charge for certain types of care is utilized. Under current law, the levels of care referenced do not reflect recent changes made in the Medicaid reimbursement system. Under this Act, the levels of care are changed to reflect the current reimbursement system and to allow higher rates for special types of care to be taken into consideration in determining disposition of payments from the trust. The Act eliminates two levels of care related to skilled nursing facility care and provides for a determination of the charge for care or specialized care provided in a nursing facility. Specialized care includes such care as Alzheimer's care received by an adult, skilled nursing facility care received by a child, or skilled nursing facility care for neurological disorders received by a child or an adult.

HOUSE FILE 2390 - Human Services - Miscellaneous Changes (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act makes changes to programs and services under the purview of the Department of Human Services (DHS), including the Family Support Subsidy Program, DHS service areas, foster care placements and other child welfare requirements, child support, and dependent adult abuse.

The Act makes changes throughout the Code to incorporate the restructuring made by DHS several years ago to its field services organizational structure from departmental regions to service areas. Other provisions annually addressed in the department's appropriations Act are codified, including the elimination of an annual reporting requirement for the Family Support Subsidy Program, suspension of an annual training requirement for a foster parent engaged in active duty military service, and language regarding the cap on group foster care placements included in order to address an Iowa Supreme Court decision regarding the constitutionality of the cap. The group foster care language clarifies the role of juvenile court services in implementing budget targets in service areas and requires budgeting for the costs anticipated for a child's foster care stay.

The Act deletes the requirement that the Dependent Abuse Advisory Council advise the Administrator of the DHS Division of Child and Family Services, and provides instead that in addition to the Director of Human Services, the council is to advise the directors of the departments of Elder Affairs, Inspections and Appeals, Public Health, Corrections, and Human Rights regarding dependent adult abuse.

The Act eliminates a requirement involving out-of-home placements of children adjudicated as delinquent or a child in need of assistance. The eliminated provision required DHS or the agency making the placement to make every reasonable effort to place the child within the state. For child in need of assistance placements, the Act authorizes DHS or the agency with custody to allow visitation by the child's grandparent, greatgrandparent, or other adult relative, unless prohibited by the court order or DHS or the agency finds the visitation is not in the best interest of the child.

The Act provides that only social workers and certified psychologists who, in the course of their employment, examine, attend, counsel, or treat a dependent adult are required to report suspected dependent adult abuse. Prior law required all social workers and certified psychologists to report suspected dependent adult abuse. The Act also adds to the list of those who, in the course of their employment, examine, attend, counsel, or treat a dependent adult, must report suspected dependent adult abuse, the members of the staff or employees of elder group homes, assisted living programs, or adult day services programs.

The Act also provides that if a staff member or employee is required to report suspected dependent adult abuse, the person is to immediately notify DHS and the person in charge or the person's designated agent. Prior law provided that the staff member or employee was to immediately notify the person in charge or the person's designated agent and that person was to make the report to DHS by the end of the next business day.

The Act also provides that an employee of a financial institution may report suspected financial exploitation of a dependent adult to DHS.

The Act provides that the Child Support Recovery Unit (CSRU) is not prohibited from exchanging any information, notice, document, or certification with any government or private entity through mutually agreed upon electronic transfer. The Act provides that a parent requesting a review and adjustment or a modification of a child support order will receive the initial notice that the process has begun by regular mail rather than choosing between personal service or regular mail.

With regard to child support licensing sanctions, the Act deletes the requirement that CSRU issue a copy of a withdrawal of a certificate of noncompliance to the appropriate licensing authority as well as to the obligor when the obligor for whom CSRU has issued a certificate of noncompliance enters into a written agreement for payment of support and compliance. The written decision of CSRU, following the noncompliance of an obligor and the request of the obligor for a conference, is to state that the actual certificate of noncompliance or withdrawal of the certificate of noncompliance, not a copy of these, has been provided to the named licensing authority. The Act also eliminates the requirement that CSRU include a copy of the certificate of noncompliance of an obligor with the written certification to the licensing authority of the obligor's noncompliance in cases in which the obligor does not respond to a notice of potential license sanction or the unit enters a written decision stating that the obligor is not in compliance. The Act amends provisions of H.F. 2328 (see Children & Youth) regarding public disclosure of DHS actions relating to a case of child abuse involving a child fatality or near fatality.

The Act requires DHS to revise the standards for child development home provider qualifications for category "C" (of the three child care home registration categories, category "C" is subject to the most stringent requirements). The revision applies when more than one provider is required to be present due to the number of children, so that one of the providers present must meet the provider qualifications for category "C," but other providers required to be present are allowed to meet the provider qualifications for either category "B" or "C." Until the revision is implemented, a provider may request that DHS allow the provider to operate under the revision as an exception to policy.

HOUSE FILE 2441 - Spanish Language Interpreter Qualifications (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act requires the Commission of Latino Affairs to adopt rules pursuant to Code Chapter 17A, with the benefit of input from stakeholders, to develop a mechanism to ensure Spanish language interpreter qualifications. The commission has previously been required simply to maintain information on Spanish interpreter qualifications as one of its statutory duties. The Code directs the commission to provide a list of qualified Spanish language interpreters to specified state agencies and entities, which the Act expands to include social service agencies and health agencies.