House File 2445 S-5160 Amend House File 2445, as passed by the House, as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I > 3 2. Page 13, after line 1 by inserting: 4 < DIVISION II 5 Sec. ___. Section 35D.9, Code 2018, is amended to read as 6 follows: 7 35D.9 County of settlement residence upon discharge. 8 A member of the home does not acquire legal settlement 9 residency in the county in which the home is located unless 10 the member is voluntarily or involuntarily discharged from the 11 home , continuously resides in the county for a period of one 12 year subsequent to the discharge, and during that year is not 13 readmitted to the home or does not receive any services from 14 the home and the member meets county of residence requirements . 15 For purposes of this section, “county of residence” means the 16 same as defined in section 331.394. 17 Sec. ___. Section 125.2, Code 2018, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 4A. “County of residence” means the same 20 as defined in section 331.394. 21 Sec. ___. Section 125.2, subsection 13, Code 2018, is 22 amended by striking the subsection. 23 Sec. ___. Section 139A.12, Code 2018, is amended to read as 24 follows: 25 139A.12 County liability for care, provisions, and medical 26 attendance. 27 The local board shall provide proper care, provisions, and 28 medical attendance for any person removed and isolated or 29 quarantined in a separate house or hospital for detention and 30 treatment, and the care, provisions, and medical attendance 31 shall be paid for by the county in which the infected person 32 has a legal settlement residence , if the patient or legal 33 guardian is unable to pay. 34 Sec. ___. Section 139A.18, Code 2018, is amended to read as 35 -1- HF2445.4649 (2) 87 hb/rj 1/ 5 #1. #2.
follows: 1 139A.18 Reimbursement from county. 2 If any person receives services or supplies under this 3 chapter who does not have a legal settlement residence in the 4 county in which the bills were incurred and paid, the amount 5 paid shall be certified to the board of supervisors of the 6 county in which the person claims settlement or owns property, 7 and the board of supervisors of that county shall reimburse the 8 county from which the claim is certified, in the full amount 9 originally paid. 10 Sec. ___. Section 232.141, subsections 7 and 8, Code 2018, 11 are amended to read as follows: 12 7. A county charged with the costs and expenses under 13 subsections 2 and 3 may recover the costs and expenses from the 14 county where the child has legal settlement child’s custodial 15 parent’s county of residence, as defined in section 331.394, 16 by filing verified claims which are payable as are other 17 claims against the county. A detailed statement of the facts 18 upon which a claim is based shall accompany the claim. Any 19 dispute involving the legal settlement of a child for which the 20 court has ordered payment under this section shall be settled 21 pursuant to sections 252.22 and 252.23 . 22 8. This subsection applies only to placements in a juvenile 23 shelter care home which is publicly owned, operated as a county 24 or multicounty shelter care home, organized under a chapter 28E 25 agreement, or operated by a private juvenile shelter care home. 26 If the actual and allowable costs of a child’s shelter care 27 placement exceed the amount the department is authorized to 28 pay in accordance with law and administrative rule, the unpaid 29 costs may be recovered from the child’s custodial parent’s 30 county of legal settlement residence . However, the maximum 31 amount of the unpaid costs which may be recovered under this 32 subsection is limited to the difference between the amount 33 the department is authorized to pay and the statewide average 34 of the actual and allowable rates in effect in May of the 35 -2- HF2445.4649 (2) 87 hb/rj 2/ 5
preceding fiscal year for reimbursement of juvenile shelter 1 care homes. In no case shall the home be reimbursed for more 2 than the home’s actual and allowable costs. The unpaid costs 3 are payable pursuant to filing of verified claims against 4 the child’s custodial parent’s county of legal settlement 5 residence . A detailed statement of the facts upon which a 6 claim is based shall accompany the claim. Any dispute between 7 counties arising from filings of claims pursuant to this 8 subsection shall be settled in the manner provided to determine 9 residency in section 331.394 . 10 Sec. ___. Section 252.24, Code 2018, is amended to read as 11 follows: 12 252.24 County of settlement residence liable —— exception. 13 1. The county where the settlement is of residence, as 14 defined in section 331.394, shall be liable to the county 15 granting assistance for all reasonable charges and expenses 16 incurred in the assistance and care of a poor person. 17 2. When assistance is furnished by any governmental agency 18 of the county, township, or city, the assistance shall be 19 deemed to have been furnished by the county in which the 20 agency is located and the agency furnishing the assistance 21 shall certify the correctness of the costs of the assistance 22 to the board of supervisors of that county and that county 23 shall collect from the county of the person’s settlement county 24 of residence . The amounts collected by the county where the 25 agency is located shall be paid to the agency furnishing the 26 assistance. This statute applies to services and supplies 27 furnished as provided in section 139A.18 . 28 3. Notwithstanding subsection 2 , if This section shall 29 apply to assistance or maintenance is provided by a county 30 through the county’s mental health and disability services 31 system implemented under chapter 331 , liability for the 32 assistance and maintenance is the responsibility of the 33 person’s county of residence . 34 Sec. ___. Section 331.502, subsection 14, Code 2018, is 35 -3- HF2445.4649 (2) 87 hb/rj 3/ 5
amended by striking the subsection. 1 Sec. ___. Section 331.653, subsection 25, Code 2018, is 2 amended by striking the subsection. 3 Sec. ___. Section 347.16, subsection 3, Code 2018, is 4 amended to read as follows: 5 3. Care and treatment may be furnished in a county public 6 hospital to any sick or injured person who has legal settlement 7 residence outside the county which maintains the hospital, 8 subject to such policies and rules as the board of hospital 9 trustees may adopt. If care and treatment is provided under 10 this subsection to a person who is indigent, the county in 11 which that person has legal settlement person’s county of 12 residence, as defined in section 331.394, shall pay to the 13 board of hospital trustees the fair and reasonable cost of 14 the care and treatment provided by the county public hospital 15 unless the cost of the indigent person’s care and treatment is 16 otherwise provided for. If care and treatment is provided to 17 an indigent person under this subsection , the county public 18 hospital furnishing the care and treatment shall immediately 19 notify, by regular mail, the auditor of the county of legal 20 settlement residence of the indigent person of the provision 21 of care and treatment to the indigent person . However, if the 22 including care and treatment is provided by a county through 23 the county’s mental health and disability services system 24 implemented under chapter 331 , liability for the assistance 25 and maintenance is the responsibility of the person’s county 26 of residence . 27 Sec. ___. REPEAL. Sections 252.16, 252.17, 252.18, 252.22, 28 and 252.23, Code 2018, are repealed. > 29 3. Title page, by striking line 3 and inserting < and the 30 responsibility for other health-related services. > 31 4. By renumbering as necessary. 32 -4- HF2445.4649 (2) 87 hb/rj 4/ 5 #3.
______________________________ COMMITTEE ON HUMAN RESOURCES MARK SEGEBART, CHAIRPERSON -5- HF2445.4649 (2) 87 hb/rj 5/ 5