House File 200
HOUSE FILE
BY CARROLL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to mental health and developmental disabilities
2 by expanding an exemption to health care licensing
3 requirements for certain residential programs that receive
4 funding under a medical assistance home and community=based
5 services waiver and approval from the department of human
6 services and revising membership requirements for the mental
7 health and developmental disabilities commission and providing
8 an effective date.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
10 TLSB 1592HH 80
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PAG LIN
1 1 Section 1. Section 135C.6, subsection 8, Code 2003, is
1 2 amended to read as follows:
1 3 8. The following residential programs to which the
1 4 department of human services applies accreditation,
1 5 certification, or standards of review shall not be required to
1 6 be licensed as a health care facility under this chapter:
1 7 a. Residential programs providing care to not more than
1 8 four individuals and receiving moneys appropriated to the
1 9 department of human services under provisions of a federally
1 10 approved home and community=based services waiver for persons
1 11 with mental retardation or other medical assistance program
1 12 under chapter 249A shall not be required to be licensed as a
1 13 health care facility under this chapter. In approving a
1 14 residential program under this subsection paragraph, the
1 15 department of human services shall consider the geographic
1 16 location of the program so as to avoid an overconcentration of
1 17 such programs in an area. In order to be approved under this
1 18 subsection paragraph, a residential program shall not be
1 19 required to involve the conversion of a licensed residential
1 20 care facility for persons with mental retardation.
1 21 b. Not more than forty residential care facilities for
1 22 persons with mental retardation that are licensed to serve not
1 23 more than five individuals may be authorized by the department
1 24 of human services to convert to operation as a residential
1 25 program under the provisions of a medical assistance home and
1 26 community=based services waiver for persons with mental
1 27 retardation. A converted residential program operating under
1 28 this paragraph is subject to the conditions stated in
1 29 paragraph "a" except that the program shall not serve more
1 30 than five individuals.
1 31 c. A residential program approved by the department of
1 32 human services pursuant to this paragraph "c" to receive
1 33 moneys appropriated to the department of human services under
1 34 provisions of a federally approved home and community=based
1 35 services waiver for persons with mental retardation may
2 1 provide care to not more than five individuals. The
2 2 department shall approve a residential program under this
2 3 paragraph that complies with all of the following conditions:
2 4 (1) Approval of the program will not result in an
2 5 overconcentration of such programs in an area.
2 6 (2) The county in which the residential program is located
2 7 submits to the department of human services a letter of
2 8 support for approval of the program.
2 9 (3) The county in which the residential program is located
2 10 provides to the department of human services verification in
2 11 writing that the program is needed to address one or more of
2 12 the following:
2 13 (a) The quantity of services currently available in the
2 14 county is insufficient to meet the need.
2 15 (b) The quantity of affordable rental housing in the
2 16 county is insufficient.
2 17 (c) Implementation of the program will cause a reduction
2 18 in the size or quantity of larger congregate programs.
2 19 Sec. 2. Section 225C.5, subsection 1, paragraphs c and d,
2 20 Code 2003, are amended to read as follows:
2 21 c. One member shall be an active board member or employee
2 22 of a community mental health center selected from nominees
2 23 submitted by the Iowa association of community providers.
2 24 d. One member shall be an active board member or employee
2 25 of an agency serving persons with a developmental disability
2 26 selected from nominees submitted by the Iowa association of
2 27 community providers.
2 28 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 29 immediate importance, takes effect upon enactment.
2 30 EXPLANATION
2 31 This bill expands an exemption to health care licensing
2 32 requirements for certain residential programs that receive
2 33 funding under a medical assistance (Medicaid) home and
2 34 community=based services (HCBS) waiver and that receive
2 35 approval from the department of human services. Current law
3 1 in Code chapter 135C allows this exemption for such programs
3 2 serving no more than four individuals.
3 3 The bill reenacts a provision repealed by 2002 Iowa Acts,
3 4 chapter 1120. This provision allows the licensing exemptions
3 5 for conversion of not more than 40 residential care facilities
3 6 for persons with mental retardation licensed to serve not more
3 7 than five individuals under Code chapter 135C to residential
3 8 programs operating under the HCBS waiver for persons with
3 9 mental retardation. The converted facilities are subject to
3 10 the same requirements as other such residential programs
3 11 except not more than five persons may receive services. The
3 12 bill allows the exemption for residential programs approved by
3 13 the department to serve up to five individuals under an HCBS
3 14 waiver for persons with mental retardation, provided the
3 15 program has the support of the county in which the program is
3 16 located. The county must provide the support in writing and
3 17 verify certain conditions exist that would indicate a need for
3 18 the program.
3 19 The bill also amends Code section 225C.5, relating to the
3 20 mental health and developmental disabilities commission, to
3 21 provide that membership slots designated for active board
3 22 members of a community mental health center and an agency
3 23 serving persons with a developmental disability may also be
3 24 filled with center and agency employees. The bill also
3 25 provides that nominations for both of these slots are provided
3 26 by the Iowa association of community providers.
3 27 The bill takes effect upon enactment.
3 28 LSB 1592HH 80
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