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
 11 jp/pj/5

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
  3 29 jp/pj/5