House File 387
HOUSE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO HF 200)
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
8 providing an effective date.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
10 HF 387
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PAG LIN
1 1 Section 1. Section 135C.2, subsection 3, paragraph c, Code
1 2 2003, is amended to read as follows:
1 3 c. The rules adopted for intermediate care facilities for
1 4 persons with mental retardation shall be consistent with, but
1 5 no more restrictive than, the federal standards for
1 6 intermediate care facilities for persons with mental
1 7 retardation established pursuant to the federal Social
1 8 Security Act, } 1905(c)(d), as codified in 42 U.S.C. } 1396d,
1 9 in effect on January 1, 1989. However, in order for an
1 10 intermediate care facility for persons with mental retardation
1 11 to be licensed, the state fire marshal must certify to the
1 12 department an intermediate care facility for persons with
1 13 mental retardation as meeting that the facility meets the
1 14 applicable provisions of the rules adopted for such facilities
1 15 by the state fire marshal. The state fire marshal's rules
1 16 shall be based upon such a facility's compliance with either
1 17 the provisions applicable to health care occupancies chapter
1 18 or the residential board and care chapter occupancies of the
1 19 life safety code of the national fire protection association,
1 20 1985 2000 edition. The department shall adopt additional
1 21 rules for intermediate care facilities for persons with mental
1 22 retardation pursuant to section 135C.14, subsection 8.
1 23 Sec. 2. Section 135C.6, subsection 8, Code 2003, is
1 24 amended to read as follows:
1 25 8. The following residential programs to which the
1 26 department of human services applies accreditation,
1 27 certification, or standards of review shall not be required to
1 28 be licensed as a health care facility under this chapter:
1 29 a. Residential programs providing care to not more than
1 30 four individuals and receiving moneys appropriated to the
1 31 department of human services under provisions of a federally
1 32 approved home and community=based services waiver for persons
1 33 with mental retardation or other medical assistance program
1 34 under chapter 249A shall not be required to be licensed as a
1 35 health care facility under this chapter. In approving a
2 1 residential program under this subsection paragraph, the
2 2 department of human services shall consider the geographic
2 3 location of the program so as to avoid an overconcentration of
2 4 such programs in an area. In order to be approved under this
2 5 subsection paragraph, a residential program shall not be
2 6 required to involve the conversion of a licensed residential
2 7 care facility for persons with mental retardation.
2 8 b. Not more than forty residential care facilities for
2 9 persons with mental retardation that are licensed to serve not
2 10 more than five individuals may be authorized by the department
2 11 of human services to convert to operation as a residential
2 12 program under the provisions of a medical assistance home and
2 13 community=based services waiver for persons with mental
2 14 retardation. A converted residential program operating under
2 15 this paragraph is subject to the conditions stated in
2 16 paragraph "a" except that the program shall not serve more
2 17 than five individuals.
2 18 c. A residential program approved by the department of
2 19 human services pursuant to this paragraph "c" to receive
2 20 moneys appropriated to the department of human services under
2 21 provisions of a federally approved home and community=based
2 22 services waiver for persons with mental retardation may
2 23 provide care to not more than five individuals. The
2 24 department shall approve a residential program under this
2 25 paragraph that complies with all of the following conditions:
2 26 (1) Approval of the program will not result in an
2 27 overconcentration of such programs in an area.
2 28 (2) The county in which the residential program is located
2 29 submits to the department of human services a letter of
2 30 support for approval of the program.
2 31 (3) The county in which the residential program is located
2 32 provides to the department of human services verification in
2 33 writing that the program is needed to address one or more of
2 34 the following:
2 35 (a) The quantity of services currently available in the
3 1 county is insufficient to meet the need.
3 2 (b) The quantity of affordable rental housing in the
3 3 county is insufficient.
3 4 (c) Implementation of the program will cause a reduction
3 5 in the size or quantity of larger congregate programs.
3 6 Sec. 3. Section 225C.5, subsection 1, paragraph c, Code
3 7 2003, is amended to read as follows:
3 8 c. One member shall be an active board member of a
3 9 community mental health center selected from nominees
3 10 submitted by the Iowa association of community providers.
3 11 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
3 12 immediate importance, takes effect upon enactment.
3 13 HF 387
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