House File 2378

PAG LIN

  1  1                                             HOUSE FILE 2378
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE DISPOSITION OF MEDICAL ASSISTANCE SPECIAL
  1  5    NEEDS TRUSTS, INCLUDING THE PAYMENT RATE FOR NURSING
  1  6    FACILITY LEVELS OF CARE.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10    Section 1.  Section 633.707, subsections 10 and 11, Code
  1 11 2003, are amended by striking the subsections.
  1 12    Sec. 2.  Section 633.709, subsection 3, Code 2003, is
  1 13 amended to read as follows:
  1 14    3.  Subsections 1 and 2 shall apply to the following
  1 15 beneficiaries; however, the following amounts indicated shall
  1 16 be applied in lieu of the statewide average charge for nursing
  1 17 facility services:
  1 18    a.  For a beneficiary who meets the medical assistance
  1 19 level of care requirements for services in an intermediate
  1 20 care facility for persons with mental retardation and who
  1 21 either resides in an intermediate care facility for persons
  1 22 with mental retardation or is eligible for medical assistance
  1 23 home and community=based waiver services except that the
  1 24 beneficiary's income exceeds the allowable maximum, the
  1 25 applicable rate is the maximum monthly medical assistance
  1 26 payment rate for services in an intermediate care facility for
  1 27 persons with mental retardation.
  1 28    b.  For a beneficiary who meets the medical assistance
  1 29 level of care requirements for hospital=based, medicare=
  1 30 certified, skilled nursing facility care and who either
  1 31 resides in a hospital=based, medicare=certified, skilled
  1 32 nursing facility or is eligible for medical assistance home
  1 33 and community=based waiver services except that the
  1 34 beneficiary's income exceeds the allowable maximum, the
  1 35 applicable rate is the statewide average charge to private=pay
  2  1 patients for hospital=based, medicare=certified, skilled
  2  2 nursing facility care.
  2  3    c.  For a beneficiary who meets the medical assistance
  2  4 level of care requirements for nonhospital=based, medicare=
  2  5 certified, skilled nursing facility care and who either
  2  6 resides in a nonhospital=based, medicare=certified, skilled
  2  7 nursing facility or is eligible for medical assistance home
  2  8 and community=based waiver services except that the
  2  9 beneficiary's income exceeds the allowable maximum, the
  2 10 applicable rate is the statewide average charge to private=pay
  2 11 patients for nonhospital=based, medicare=certified, skilled
  2 12 nursing facility care.
  2 13    d. b.  For a beneficiary who meets the medical assistance
  2 14 level of care requirements for services in a psychiatric
  2 15 medical institution for children and who resides in a
  2 16 psychiatric medical institution for children, the applicable
  2 17 rate is the statewide average charge to private=pay patients
  2 18 for psychiatric medical institution for children care.
  2 19    e. c.  For a beneficiary who meets the medical assistance
  2 20 level of care requirements for services in a state mental
  2 21 health institute and who either resides in a state mental
  2 22 health institute or is eligible for medical assistance home
  2 23 and community=based waiver services except that the
  2 24 beneficiary's income exceeds the allowable maximum, the
  2 25 applicable rate is the statewide average charge for state
  2 26 mental health institute care.
  2 27    d.  For a beneficiary who meets the medical assistance
  2 28 level of care requirements for services in a nursing facility
  2 29 and is receiving care or is receiving specialized care such as
  2 30 an adult receiving Alzheimer's care, a child receiving skilled
  2 31 nursing facility care, or an adult or child receiving skilled
  2 32 nursing facility care for neurological disorders, the
  2 33 applicable rate is the statewide average charge for nursing
  2 34 facility services for the services or specialized services
  2 35 provided.
  3  1
  3  2
  3  3                                                             
  3  4                               CHRISTOPHER C. RANTS
  3  5                               Speaker of the House
  3  6
  3  7
  3  8                                                             
  3  9                               JEFFREY M. LAMBERTI
  3 10                               President of the Senate
  3 11
  3 12    I hereby certify that this bill originated in the House and
  3 13 is known as House File 2378, Eightieth General Assembly.
  3 14
  3 15
  3 16                                                             
  3 17                               MARGARET THOMSON
  3 18                               Chief Clerk of the House
  3 19 Approved                , 2004
  3 20
  3 21
  3 22                            
  3 23 THOMAS J. VILSACK
  3 24 Governor