House File 2325 - Introduced



                                       HOUSE FILE       
                                       BY  CARROLL and KURTENBACH


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act creating a county=based brain injury services program and
  2    providing for allocation of a previously enacted
  3    appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6045YH 81
  6 jp/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  135.22B  COUNTY=BASED BRAIN
  1  2 INJURY SERVICES PROGRAM.
  1  3    1.  DEFINITIONS.  For the purposes of this section:
  1  4    a.  "Brain injury services waiver" means the state's
  1  5 medical assistance home and community=based services waiver
  1  6 for persons with brain injury implemented under chapter 249A.
  1  7    b.  "CPC administrator" means the administrator of a
  1  8 county's central point of coordination process under section
  1  9 331.440.
  1 10    2.  PROGRAM CREATED.
  1 11    a.  A county=based brain injury services program is created
  1 12 and shall be administered by a division of the Iowa department
  1 13 of public health in cooperation with counties and the
  1 14 department of human services.
  1 15    b.  The division of the department assigned to administer
  1 16 the advisory council on brain injuries under section 135.22A
  1 17 shall be the program administrator.  The division duties shall
  1 18 include but are not limited to serving as the fiscal agent and
  1 19 contract administrator for the program and providing program
  1 20 oversight.
  1 21    c.  The division shall consult with the advisory council on
  1 22 brain injuries, established pursuant to section 135.22A,
  1 23 regarding the program and shall report to the council
  1 24 concerning the program at least quarterly.  The council shall
  1 25 make recommendations to the department concerning the
  1 26 program's operation.
  1 27    3.  PURPOSE.  The purpose of the program is to provide
  1 28 services to persons with a brain injury who are either on the
  1 29 waiting list for the brain injury services waiver or have been
  1 30 determined to be ineligible for the brain injury services
  1 31 waiver.
  1 32    4.  GENERAL REQUIREMENTS.  The general requirements for the
  1 33 program shall include but are not limited to all of the
  1 34 following:
  1 35    a.  Services offered are consistent with the services
  2  1 offered through the brain injury services waiver.
  2  2    b.  Each service consumer has a service plan developed
  2  3 prior to service implementation and the service plan is
  2  4 reviewed and updated at least quarterly.
  2  5    c.  All other funding sources for which the service
  2  6 consumer is eligible are utilized to the greatest extent
  2  7 possible.  The funding sources potentially available include
  2  8 but are not limited to community resources and public and
  2  9 private benefit programs.
  2 10    d.  The maximum monthly cost of the services provided shall
  2 11 be based on the maximum monthly amount authorized for the
  2 12 brain injury services waiver.
  2 13    e.  Assistance under the program shall be made available to
  2 14 a designated number of service consumers who are eligible, as
  2 15 determined from the funding available for the program, on a
  2 16 first=come, first=served basis.
  2 17    f.  Nothing in this section shall be construed or is
  2 18 intended as, or shall imply, a grant of entitlement to
  2 19 services to persons who are eligible for participation in the
  2 20 program based upon the eligibility provisions adopted
  2 21 consistent with the requirements of this section.  Any state
  2 22 or county obligation to provide services pursuant to this
  2 23 section is limited to the extent of the funds appropriated or
  2 24 provided for the program.
  2 25    5.  ELIGIBILITY.  An individual must meet all of the
  2 26 following requirements to be eligible for the program:
  2 27    a.  The individual is age one month through sixty=four
  2 28 years.
  2 29    b.  The individual has a diagnosed brain injury as defined
  2 30 in section 135.22.
  2 31    c.  The individual is a resident of this state and either a
  2 32 United States citizen or a qualified alien as defined in 8
  2 33 U.S.C. } 1641.
  2 34    d.  The program's financial eligibility requirements shall
  2 35 be based on the requirements used for the hawk=i program under
  3  1 chapter 514I.  The individual must meet the program's
  3  2 financial eligibility requirements and be willing to pay a
  3  3 cost=share for the program.
  3  4    e.  The individual does not receive services or funding
  3  5 under any type of medical assistance home and community=based
  3  6 services waiver.
  3  7    f.  A county has agreed to pay a cost=share for the
  3  8 individual under the program.
  3  9    6.  COST=SHARE.
  3 10    a.  An individual's cost=share responsibility for services
  3 11 under the program shall be determined on a sliding scale based
  3 12 upon the individual's family income.  An individual's cost=
  3 13 share shall be assessed as a copayment, which shall not exceed
  3 14 thirty percent of the cost payable for the service.
  3 15    b.  The service provider shall bill the individual's county
  3 16 for the portion of the cost payable for the service that is
  3 17 not covered by the individual's copayment responsibility.
  3 18    c.  The county shall bill the department for fifty percent
  3 19 of the cost payable for the service that is not covered by the
  3 20 individual's copayment responsibility.
  3 21    d.  The county's cost=share responsibility shall be the
  3 22 remainder of the cost payable after counting the individual's
  3 23 copayment and the amount billed to the department.
  3 24    7.  APPLICATION PROCESS.
  3 25    a.  The application form for services under the program
  3 26 shall be designed so that it may be used for both the county=
  3 27 based brain injury services program and the brain injury
  3 28 services waiver.
  3 29    b.  An individual must submit an application for the
  3 30 program through the CPC administrator for the individual's
  3 31 county of residence.
  3 32    c.  An assessment of the individual's needs shall be
  3 33 performed.  The CPC administrator shall file copies of the
  3 34 individual's application and needs assessment with the medical
  3 35 assistance program, the department, and the program resource
  4  1 facilitator assigned for that county.
  4  2    d.  The CPC administrator shall include with the
  4  3 application materials a determination as to whether a county
  4  4 cost=share will be authorized.
  4  5    e.  The department's program administrator shall make a
  4  6 final determination as to whether program funding will be
  4  7 authorized.
  4  8    8.  SERVICE PROVIDERS AND REIMBURSEMENT.  All of the
  4  9 following requirements apply to service providers and
  4 10 reimbursement rates payable for services under the program:
  4 11    a.  A service provider must either be certified to provide
  4 12 services under the brain injury services waiver or have a
  4 13 contract with the county to provide services and will become
  4 14 certified to provide services under such waiver within a
  4 15 reasonable period of time specified in rule.
  4 16    b.  The reimbursement rate payable for the cost of a
  4 17 service provided under the program is the rate payable under
  4 18 the medical assistance program.  However, if the service
  4 19 provided does not have a medical assistance program
  4 20 reimbursement rate, the rate shall be the amount payable under
  4 21 the county contract.
  4 22    9.  RESOURCE FACILITATION.  The program shall utilize
  4 23 resource facilitators to facilitate program services.  The
  4 24 resource facilitator shall be available to provide ongoing
  4 25 support for individuals with brain injury in coping with the
  4 26 issues of living with a brain injury and in assisting such
  4 27 individuals in transitioning back to employment and living in
  4 28 the community.  The resource facilitator is intended to
  4 29 provide a linkage to existing services and increase the
  4 30 capacity of the state's providers of services to persons with
  4 31 brain injury by doing all of the following:
  4 32    a.  Providing brain injury=specific information, support,
  4 33 and resources.
  4 34    b.  Enhancing the usage of support commonly available to an
  4 35 individual with brain injury from the community, family, and
  5  1 personal contacts and linking such individuals to appropriate
  5  2 services and community resources.
  5  3    c.  Training service providers to provide appropriate brain
  5  4 injury services.
  5  5    d.  Accessing, securing, and maximizing the private and
  5  6 public funding available to support an individual with a brain
  5  7 injury.
  5  8    Sec. 2.  Section 331.424A, Code Supplement 2005, is amended
  5  9 by adding the following new subsection:
  5 10    NEW SUBSECTION.  6.  Beginning July 1, 2006, a county may
  5 11 pay from the services fund the county cost=share for services
  5 12 provided under the county=based brain injury services program
  5 13 created in section 135.22B.
  5 14    Sec. 3.  Section 331.439, Code Supplement 2005, is amended
  5 15 by adding the following new subsection:
  5 16    NEW SUBSECTION.  10.  If the county participates in
  5 17 providing a cost=share for the county=based brain injury
  5 18 services program created in section 135.22B, the participation
  5 19 shall be documented in the county's management plan
  5 20 implemented pursuant to this section.
  5 21    Sec. 4.  2005 Iowa Acts, chapter 179, section 1, subsection
  5 22 2, paragraph d, is amended to read as follows:
  5 23    d.  For distribution to counties as cost=share for county
  5 24 coverage of services to adult persons with the Iowa department
  5 25 of public health for the county=based brain injury in
  5 26 accordance with the law enacted as a result of the provisions
  5 27 of 2005 Iowa Acts, House File 876, or other law providing for
  5 28 such coverage to commence service program in the fiscal year
  5 29 beginning July 1, 2006, as provided in accordance with section
  5 30 135.22B, if enacted by the Eighty=first General Assembly, 2006
  5 31 Session:
  5 32 .................................................. $  2,426,893
  5 33    The amount allocated in this paragraph "d" shall be
  5 34 allocated by the Iowa department of public health as follows:
  5 35    (1)  For state cost=share of services provided under
  6  1 section 135.22B:
  6  2 .................................................. $  2,092,665
  6  3    (2)  For contract resource facilitator services:
  6  4 .................................................. $    173,125
  6  5    (3)  For a sole source contract with a statewide
  6  6 association representing community providers of mental health,
  6  7 mental retardation, and brain injury services to provide, in
  6  8 collaboration with a statewide organization representing
  6  9 individuals with a brain injury and their families, brain
  6 10 injury training services and recruiting of service providers
  6 11 to increase the capacity within this state to address the
  6 12 needs of individuals with brain injuries and such individuals'
  6 13 families:
  6 14 .................................................. $     40,000
  6 15    (4)  For reimbursement for needs assessments performed
  6 16 under section 135.22B:
  6 17 .................................................. $     26,750
  6 18    (5)  For match of federal funding, administrative and
  6 19 personnel costs including salaries, support, maintenance, and
  6 20 miscellaneous purposes:
  6 21 .................................................. $     94,353
  6 22    Notwithstanding section 8.33, the appropriated moneys
  6 23 allocated in this paragraph "d" that remain unencumbered or
  6 24 unobligated at the close of the fiscal year shall not revert
  6 25 but shall remain available for expenditure for the purposes
  6 26 designated until the close of the succeeding fiscal year.
  6 27    Sec. 5.  EMERGENCY RULES.  The Iowa department of public
  6 28 health may adopt administrative rules under section 17A.4,
  6 29 subsection 2, and section 17A.5, subsection 2, paragraph "b",
  6 30 to implement the provisions of this Act, and the rules shall
  6 31 become effective immediately upon filing or on a later
  6 32 effective date specified in the rules, unless the effective
  6 33 date is delayed by the administrative rules review committee.
  6 34 Any rules adopted in accordance with this section shall not
  6 35 take effect before the rules are reviewed by the
  7  1 administrative rules review committee.  The delay authority
  7  2 provided to the administrative rules review committee under
  7  3 section 17A.4, subsection 5, and section 17A.8, subsection 9,
  7  4 shall be applicable to a delay imposed under this section,
  7  5 notwithstanding a provision in those sections making them
  7  6 inapplicable to section 17A.5, subsection 2, paragraph "b".
  7  7 Any rules adopted in accordance with the provisions of this
  7  8 section shall also be published as notice of intended action
  7  9 as provided in section 17A.4.
  7 10                           EXPLANATION
  7 11    This bill creates a new county=based brain injury services
  7 12 program and provides for funding of the program through
  7 13 allocation of a previously enacted appropriation.
  7 14    The new program is created in new Code section 135.22B to
  7 15 be administered by the division of the Iowa department of
  7 16 public health assigned to administer the advisory council on
  7 17 brain injuries.
  7 18    The bill provides definitions and states the program's
  7 19 purpose.  The bill addresses general requirements, including a
  7 20 provision that the program is not an entitlement but is
  7 21 limited to the extent of the funding provided.  Program
  7 22 eligibility is limited to individuals with a diagnosed brain
  7 23 injury who are willing to pay cost=share under the program,
  7 24 are not receiving services under a medical assistance
  7 25 (Medicaid) home and community=based services waiver, and have
  7 26 a county that agrees to provide a cost=share under the
  7 27 program.  The program's financial eligibility requirements are
  7 28 required to be based on those applicable under the hawk=i
  7 29 program for providing health coverage for low=income children.
  7 30    Various cost=share requirements are applicable, including a
  7 31 sliding scale for individual cost=share, state cost=share for
  7 32 50 percent of the portion not covered by the individual cost=
  7 33 share, and county cost=share for the remainder.
  7 34    The program's application provisions include a requirement
  7 35 for an application that can be used both by this program and
  8  1 the Medicaid program's home and community=based brain injury
  8  2 services waiver.  The application is required to be submitted
  8  3 through the administrator of the county central point of
  8  4 coordination (CPC) process for mental health, mental
  8  5 retardation, and developmental disabilities (MH/MR/DD)
  8  6 services of the individual's county of residence.  The CPC
  8  7 administrator is required to file copies of the needs
  8  8 assessment and application materials and include a
  8  9 determination as to whether the county will authorize a cost=
  8 10 share.  The department administrator has final authority in
  8 11 determining whether program funding will be authorized.
  8 12    Service provider and reimbursement provisions include
  8 13 requirements that service providers must be certified to
  8 14 provide services under the brain injury services waiver or
  8 15 have a county contract to provide services and become
  8 16 certified to provide services under the waiver.  Reimbursement
  8 17 rates payable under the program are the same as the Medicaid
  8 18 rates.  If there is not a Medicaid rate, the county contract
  8 19 rate applies.
  8 20    The program includes a resource facilitator component to
  8 21 assist individuals with the program and to enhance the service
  8 22 system available to individuals in the state with brain
  8 23 injury.  The bill addresses the duties of resource
  8 24 facilitators.
  8 25    Code section 331.424A, relating to the county MH/MR/DD
  8 26 services fund, is amended to authorize counties to pay the
  8 27 brain injury program cost=share from that fund.
  8 28    Code section 331.439, relating to county management plans
  8 29 for MH/MR/DD services, is amended to require a county that
  8 30 participates in the brain injury program to document the
  8 31 participation in the management plan.
  8 32    The provisions of an appropriation made for MH/MR/DD
  8 33 allowed growth for fiscal year 2006=2007 in a contingent
  8 34 allocation made for brain injury services are amended.  The
  8 35 language is revised to refer to the program created in the
  9  1 bill and to allocate the appropriation to the Iowa department
  9  2 of public health for various purposes associated with the
  9  3 brain injury services program created in the bill.  Moneys in
  9  4 the allocation that remain unencumbered or unobligated at the
  9  5 close of the fiscal year do not revert but remain available
  9  6 for expenditure for the brain injury program in the succeeding
  9  7 fiscal year.
  9  8    The Iowa department of public health is authorized to adopt
  9  9 rules to implement the county=based brain injury services
  9 10 program utilizing emergency procedures that forego various
  9 11 public comment periods, but the rules remain subject to review
  9 12 by the administrative rules review committee before being
  9 13 adopted.
  9 14 LSB 6045YH 81
  9 15 jp:rj/cf/24