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
 11 jp/es/25

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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