House File 161
HOUSE FILE
BY HEATON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for senate confirmation of the appointment of
2 the administrator of the medical assistance and healthy and
3 well kids in Iowa programs.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1447YH 80
6 jp/cf/24
PAG LIN
1 1 Section 1. Section 217.7, Code 2003, is amended to read as
1 2 follows:
1 3 217.7 ADMINISTRATORS OF DIVISIONS.
1 4 The director may appoint an administrator of each of the
1 5 divisions. The administrators shall be selected on the basis
1 6 of their particular professional qualifications, education,
1 7 and background relative to the assigned responsibilities of
1 8 their divisions. The administrator of the medical assistance
1 9 program under chapter 249A and the healthy and well kids in
1 10 Iowa program under chapter 514I shall be appointed by the
1 11 director subject to confirmation by the senate and shall serve
1 12 at the pleasure of the director. The director shall fill a
1 13 vacancy in the position of the administrator of the medical
1 14 assistance program and the healthy and well kids in Iowa
1 15 program in the same manner as the original appointment was
1 16 made.
1 17 Sec. 2. Section 249A.2, Code 2003, is amended by adding
1 18 the following new subsection:
1 19 NEW SUBSECTION. 1A. "Administrator" means the individual
1 20 appointed by the director under section 217.7 to administer
1 21 this chapter.
1 22 Sec. 3. Section 249A.2, subsection 3, Code 2003, is
1 23 amended by striking the subsection.
1 24 Sec. 4. Section 249A.4, unnumbered paragraph 1, Code 2003,
1 25 is amended to read as follows:
1 26 The director shall be administrator is responsible for the
1 27 effective and impartial administration of this chapter and
1 28 shall, in accordance with the standards and priorities
1 29 established by this chapter, by applicable federal law, by the
1 30 regulations and directives issued pursuant to federal law, by
1 31 applicable court orders, and by the state plan approved in
1 32 accordance with federal law, make rules, establish policies,
1 33 and prescribe procedures to implement administer this chapter.
1 34 Without limiting the generality of the foregoing delegation of
1 35 authority, the director administrator is hereby specifically
2 1 empowered and directed to do all of the following:
2 2 Sec. 5. Section 249A.4, subsection 1, Code 2003, is
2 3 amended to read as follows:
2 4 1. Determine the greatest amount, duration, and scope of
2 5 assistance which may be provided, and the broadest range of
2 6 eligible individuals to whom assistance may effectively be
2 7 provided, under this chapter within the limitations of
2 8 available funds. In so doing, the director administrator
2 9 shall at least every six months evaluate the scope of the
2 10 program currently being provided under this chapter, project
2 11 the probable cost of continuing a like program, and compare
2 12 the probable cost with the remaining balance of the state
2 13 appropriation made for payment of assistance under this
2 14 chapter during the current appropriation period. After each
2 15 evaluation of the scope of the program, the director
2 16 administrator shall report to the general assembly through the
2 17 legislative council or in another manner as the general
2 18 assembly may by resolution direct.
2 19 Sec. 6. Section 249A.4, subsection 8, unnumbered paragraph
2 20 3, Code 2003, is amended to read as follows:
2 21 The administrator and the director of human services shall
2 22 consider the advice and consultation offered by the council in
2 23 the administrator's and the director's preparation of medical
2 24 assistance budget recommendations.
2 25 Sec. 7. Section 249A.6, subsection 1, Code 2003, is
2 26 amended to read as follows:
2 27 1. When payment is made by the department for medical care
2 28 or expenses through the medical assistance program on behalf
2 29 of a recipient, the department shall have a lien, to the
2 30 extent of those payments, upon all monetary claims which the
2 31 recipient may have against third parties. A lien under this
2 32 section is not effective unless the department files a notice
2 33 of lien with the clerk of the district court in the county
2 34 where the recipient resides and with the recipient's attorney
2 35 when the recipient's eligibility for medical assistance is
3 1 established. The notice of lien shall be filed before the
3 2 third party has concluded a final settlement with the
3 3 recipient, the recipient's attorney, or other representative.
3 4 The third party shall obtain a written determination from the
3 5 department concerning the amount of the lien before a
3 6 settlement is deemed final for purposes of this section. A
3 7 compromise, including but not limited to a settlement, waiver
3 8 or release, of a claim under this section does not defeat the
3 9 department's lien except pursuant to the written agreement of
3 10 the director administrator or the director's administrator's
3 11 designee. A settlement, award, or judgment structured in any
3 12 manner not to include medical expenses or an action brought by
3 13 a recipient or on behalf of a recipient which fails to state a
3 14 claim for recovery of medical expenses does not defeat the
3 15 department's lien if there is any recovery on the recipient's
3 16 claim.
3 17 Sec. 8. Section 514I.2, Code 2003, is amended by adding
3 18 the following new subsection:
3 19 NEW SUBSECTION. 1A. "Administrator" means the individual
3 20 appointed by the director under section 217.7 to administer
3 21 this chapter.
3 22 Sec. 9. Section 514I.2, subsection 5, Code 2003, is
3 23 amended by striking the subsection.
3 24 Sec. 10. Section 514I.4, subsection 1, unnumbered
3 25 paragraph 1, and paragraph a, Code 2003, are amended to read
3 26 as follows:
3 27 The director administrator, with the approval of the HAWK=I
3 28 board, shall implement this chapter. The director
3 29 administrator shall do all of the following:
3 30 a. At least every six months, evaluate the scope of the
3 31 program currently being provided under this chapter, project
3 32 the probable cost of continuing the program, and compare the
3 33 probable cost with the remaining balance of the state
3 34 appropriation made for payment of assistance under this
3 35 chapter during the current appropriation period. The director
4 1 administrator shall report the findings of the evaluation to
4 2 the board and shall annually report findings to the governor
4 3 and the general assembly by January 1.
4 4 Sec. 11. Section 514I.4, subsections 2 and 3, Code 2003,
4 5 are amended to read as follows:
4 6 2. The director administrator, with the concurrence of the
4 7 board, shall enter into a contract with an administrative
4 8 contractor. Such contract shall be entered into in accordance
4 9 with the criteria established by the board.
4 10 3. The department may enter into contracts with other
4 11 persons whereby the other person provides some or all of the
4 12 functions, pursuant to rules adopted by the board, which are
4 13 required of the director administrator or the department under
4 14 this section. All contracts entered into pursuant to this
4 15 section shall be made available to the public.
4 16 Sec. 12. CODE EDITOR. In codifying the provisions of this
4 17 Act, the Code editor shall revise the section 249A.4 and
4 18 514I.4 headnotes to change the references to the word
4 19 "director" to "administrator".
4 20 EXPLANATION
4 21 This bill provides that the appointment of the
4 22 administrator of the medical assistance (Medicaid) and healthy
4 23 and well kids in Iowa (HAWK=I) programs is subject to
4 24 confirmation by the senate. Code section 217.7, relating to
4 25 the administrators of divisions of the department of human
4 26 services, is amended to apply this requirement. Under the
4 27 bill, that administrator is appointed by the director of human
4 28 services and serves at the pleasure of the director.
4 29 Code chapter 249A, relating to the Medicaid program, is
4 30 amended to add a definition of the term "administrator",
4 31 repeal the definition of the director of human services, and
4 32 to provide for the administrator to perform those duties
4 33 assigned under current law to the director of human services.
4 34 Code chapter 514I, relating to the HAWK=I program, is
4 35 amended to add a definition of the term "administrator",
5 1 repeal the definition of the director of human services, and
5 2 provide for the administrator to perform those duties assigned
5 3 under current law to the director.
5 4 The Code editor is directed to change headnote references
5 5 in Code sections 249A.4 and 515I.4 from the word "director" to
5 6 "administrator".
5 7 LSB 1447YH 80
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