House File 488 - Enrolled
HOUSE FILE 488
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
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.
Chief Clerk of the House
Approved , 2009
CHESTER J. CULVER