House File 488 - Enrolled




                                             HOUSE FILE 488

                             AN ACT
 RELATING TO ASSISTIVE OR SERVICE ANIMALS INCLUDING PROVISIONS
    RELATING TO PERSONS CONTROLLING THE ASSISTIVE ANIMAL AND
    INCLUDING THE MAINTENANCE OF SERVICE ANIMALS AS AN ELIGIBLE
    SERVICE REIMBURSABLE UNDER THE HOME AND COMMUNITY=BASED
    SERVICES WAIVERS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 216C.11, subsection 2, Code 2009, is
 amended to read as follows:
    2.  A person with a disability or, a person assisting a
 person with a disability by controlling an assistive animal,
 or a person training an assistive animal has the right to be
 accompanied by a service dog or an assistive animal, under
 control, in any of the places listed in sections 216C.3 and
 216C.4 without being required to make additional payment for
 the service dog or assistive animal.  A landlord shall waive
 lease restrictions on the keeping of animals for the service
 dog or assistive animal of a person with a disability.  The
 person is liable for damage done to any premises or facility
 by a service dog or assistive animal.
    Sec. 2.  SERVICE ANIMALS == ELIGIBLE SERVICE UNDER MEDICAL
 ASSISTANCE HOME AND COMMUNITY=BASED SERVICES WAIVERS.
    1.  The department of human services shall submit an
 amendment to the centers for Medicare and Medicaid services of
 the United States department of health and human services to
 add the maintenance of a service animal as an eligible service
 reimbursable under the medical assistance home and
 community=based services waivers.
    2.  For the purposes of this section:
    a.  "Maintenance of a service animal" means the provision
 of ancillary care for a service animal if specifically related
 to the health and maintenance of the service animal.
    b.  "Service animal" means an animal professionally trained
 and certified by a recognized certification entity to assist a
 person with a disability in meeting specific personal care
 needs or engaging in daily activities.
    3.  If the amendment is approved, the department shall
 adopt rules pursuant to chapter 17A to implement this section.
 The rules shall provide all of the following:
    a.  Reimbursement of the costs of maintenance of a service
 animal may be subject to prior authorization.
    b.  Reimbursement of the costs of maintenance of a service
 animal shall be limited to no more than five hundred dollars
 per year for an individual waiver recipient.
    c.  The process for receiving reimbursement for the
 maintenance of a service animal.


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House


                                                             
                               JOHN P. KIBBIE
                               President of the Senate

    I hereby certify that this bill originated in the House and
 is known as House File 488, Eighty=third General Assembly.


                                                             
                               MARK BRANDSGARD
                               Chief Clerk of the House
 Approved                , 2009


                            
 CHESTER J. CULVER
 Governor

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