House File 2561 - Introduced



                                     HOUSE FILE       
                                     BY  COMMITTEE ON HUMAN RESOURCES

                                     (SUCCESSOR TO HF 2325)


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

                                      A BILL FOR

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

PAG LIN



  1  1    Section 1.  NEW SECTION.  135.22B  BRAIN INJURY SERVICES
  1  2 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.  "Program administrator" means the division of the
  1  8 department designated to administer the brain injury services
  1  9 program in accordance with subsection 2.
  1 10    2.  PROGRAM CREATED.
  1 11    a.  A brain injury services program is created and shall be
  1 12 administered by a division of the Iowa department of public
  1 13 health in cooperation with counties and the department of
  1 14 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
  2 22 obligation to provide services pursuant to this section is
  2 23 limited to the extent of the funds appropriated or provided
  2 24 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    6.  COST=SHARE.
  3  8    a.  An individual's cost=share responsibility for services
  3  9 under the program shall be determined on a sliding scale based
  3 10 upon the individual's family income.  An individual's cost=
  3 11 share shall be assessed as a copayment, which shall not exceed
  3 12 thirty percent of the cost payable for the service.
  3 13    b.  The service provider shall bill the department for the
  3 14 portion of the cost payable for the service that is not
  3 15 covered by the individual's copayment responsibility.
  3 16    7.  APPLICATION PROCESS.
  3 17    a.  The application form for services under the program
  3 18 shall be designed so that it may be used for both the brain
  3 19 injury services program and the brain injury services waiver.
  3 20    b.  An individual must submit an application for the
  3 21 program through the program administrator.
  3 22    c.  An assessment of the individual's needs shall be
  3 23 performed.
  3 24    d.  The program administrator shall file copies of the
  3 25 individual's application and needs assessment with the medical
  3 26 assistance program and the program resource facilitator
  3 27 assigned to the individual's geographic area.
  3 28    e.  The department's program administrator shall make a
  3 29 final determination as to whether program funding will be
  3 30 authorized.
  3 31    8.  SERVICE PROVIDERS AND REIMBURSEMENT.  All of the
  3 32 following requirements apply to service providers and
  3 33 reimbursement rates payable for services under the program:
  3 34    a.  A service provider must either be certified to provide
  3 35 services under the brain injury services waiver or have a
  4  1 contract with a county to provide services and will become
  4  2 certified to provide services under such waiver within a
  4  3 reasonable period of time specified in rule.
  4  4    b.  The reimbursement rate payable for the cost of a
  4  5 service provided under the program is the rate payable under
  4  6 the medical assistance program.  However, if the service
  4  7 provided does not have a medical assistance program
  4  8 reimbursement rate, the rate shall be the amount payable under
  4  9 the county contract.
  4 10    9.  RESOURCE FACILITATION.  The program shall utilize
  4 11 resource facilitators to facilitate program services.  The
  4 12 resource facilitator shall be available to provide ongoing
  4 13 support for individuals with brain injury in coping with the
  4 14 issues of living with a brain injury and in assisting such
  4 15 individuals in transitioning back to employment and living in
  4 16 the community.  The resource facilitator is intended to
  4 17 provide a linkage to existing services and increase the
  4 18 capacity of the state's providers of services to persons with
  4 19 brain injury by doing all of the following:
  4 20    a.  Providing brain injury=specific information, support,
  4 21 and resources.
  4 22    b.  Enhancing the usage of support commonly available to an
  4 23 individual with brain injury from the community, family, and
  4 24 personal contacts and linking such individuals to appropriate
  4 25 services and community resources.
  4 26    c.  Training service providers to provide appropriate brain
  4 27 injury services.
  4 28    d.  Accessing, securing, and maximizing the private and
  4 29 public funding available to support an individual with a brain
  4 30 injury.
  4 31    Sec. 2.  2005 Iowa Acts, chapter 179, section 1, subsection
  4 32 2, paragraph d, is amended to read as follows:
  4 33    d.  For distribution to counties as cost=share for county
  4 34 coverage of services to adult persons with the Iowa department
  4 35 of public health for the brain injury in accordance with the
  5  1 law enacted as a result of the provisions of 2005 Iowa Acts,
  5  2 House File 876, or other law providing for such coverage to
  5  3 commence service program in the fiscal year beginning July 1,
  5  4 2006, as provided in accordance with section 135.22B, if
  5  5 enacted by the Eighty=first General Assembly, 2006 Session:
  5  6 .................................................. $  2,426,893
  5  7    The amount allocated in this paragraph "d" shall be
  5  8 allocated by the Iowa department of public health as follows:
  5  9    (1)  For state cost=share of services provided under
  5 10 section 135.22B:
  5 11 .................................................. $  2,092,665
  5 12    (2)  For contract resource facilitator services:
  5 13 .................................................. $    173,125
  5 14    (3)  For a sole source contract with a statewide
  5 15 association representing community providers of mental health,
  5 16 mental retardation, and brain injury services to provide, in
  5 17 collaboration with a statewide organization representing
  5 18 individuals with a brain injury and their families, brain
  5 19 injury training services and recruiting of service providers
  5 20 to increase the capacity within this state to address the
  5 21 needs of individuals with brain injuries and such individuals'
  5 22 families:
  5 23 .................................................. $     40,000
  5 24    (4)  For reimbursement for needs assessments performed
  5 25 under section 135.22B:
  5 26 .................................................. $     26,750
  5 27    (5)  For match of federal funding, administrative and
  5 28 personnel costs including salaries, support, maintenance, and
  5 29 miscellaneous purposes:
  5 30 .................................................. $     94,353
  5 31    Notwithstanding section 8.33, the appropriated moneys
  5 32 allocated in this paragraph "d" that remain unencumbered or
  5 33 unobligated at the close of the fiscal year shall not revert
  5 34 but shall remain available for expenditure for the purposes
  5 35 designated until the close of the succeeding fiscal year.
  6  1    Sec. 3.  EMERGENCY RULES.  The Iowa department of public
  6  2 health may adopt administrative rules under section 17A.4,
  6  3 subsection 2, and section 17A.5, subsection 2, paragraph "b",
  6  4 to implement the provisions of this Act, and the rules shall
  6  5 become effective immediately upon filing or on a later
  6  6 effective date specified in the rules, unless the effective
  6  7 date is delayed by the administrative rules review committee.
  6  8 Any rules adopted in accordance with this section shall not
  6  9 take effect before the rules are reviewed by the
  6 10 administrative rules review committee.  The delay authority
  6 11 provided to the administrative rules review committee under
  6 12 section 17A.4, subsection 5, and section 17A.8, subsection 9,
  6 13 shall be applicable to a delay imposed under this section,
  6 14 notwithstanding a provision in those sections making them
  6 15 inapplicable to section 17A.5, subsection 2, paragraph "b".
  6 16 Any rules adopted in accordance with the provisions of this
  6 17 section shall also be published as notice of intended action
  6 18 as provided in section 17A.4.
  6 19                           EXPLANATION
  6 20    This bill creates a new brain injury services program and
  6 21 provides for funding of the program through allocation of a
  6 22 previously enacted appropriation.
  6 23    The new program is created in new Code section 135.22B to
  6 24 be administered by the division of the Iowa department of
  6 25 public health assigned to administer the advisory council on
  6 26 brain injuries.
  6 27    The bill provides definitions and states the program's
  6 28 purpose.  The bill addresses general requirements, including a
  6 29 provision that the program is not an entitlement but is
  6 30 limited to the extent of the funding provided.  Program
  6 31 eligibility is limited to individuals with a diagnosed brain
  6 32 injury who are willing to pay cost=share under the program,
  6 33 and are not receiving services under a medical assistance
  6 34 (Medicaid) home and community=based services waiver.  The
  6 35 program's financial eligibility requirements are required to
  7  1 be based on those applicable under the hawk=i program for
  7  2 providing health coverage for low=income children.
  7  3    Various cost=share requirements are applicable, including a
  7  4 sliding scale for individual cost=share and state cost=share
  7  5 for the portion not covered by the individual cost=share.
  7  6    The program's application provisions include a requirement
  7  7 for an application that can be used both by this program and
  7  8 the Medicaid program's home and community=based brain injury
  7  9 services waiver.  The application is required to be submitted
  7 10 through the program administrator.  The program administrator
  7 11 is required to file copies of the needs assessment and
  7 12 application materials with the medical assistance (Medicaid)
  7 13 program and the area resource facilitator.  The program
  7 14 administrator has final authority in determining whether
  7 15 program funding will be authorized.
  7 16    Service provider and reimbursement provisions include
  7 17 requirements that service providers must be certified to
  7 18 provide services under the brain injury services waiver or
  7 19 have a county contract to provide services and become
  7 20 certified to provide services under the waiver.  Reimbursement
  7 21 rates payable under the program are the same as the Medicaid
  7 22 rates.  If there is not a Medicaid rate, the county contract
  7 23 rate applies.
  7 24    The program includes a resource facilitator component to
  7 25 assist individuals with the program and to enhance the service
  7 26 system available to individuals in the state with brain
  7 27 injury.  The bill addresses the duties of resource
  7 28 facilitators.
  7 29    The provisions of an appropriation made for MH/MR/DD
  7 30 allowed growth for fiscal year 2006=2007 in a contingent
  7 31 allocation made for brain injury services are amended.  The
  7 32 language is revised to refer to the program created in the
  7 33 bill and to allocate the appropriation to the Iowa department
  7 34 of public health for various purposes associated with the
  7 35 brain injury services program created in the bill.  Moneys in
  8  1 the allocation that remain unencumbered or unobligated at the
  8  2 close of the fiscal year do not revert but remain available
  8  3 for expenditure for the brain injury program in the succeeding
  8  4 fiscal year.
  8  5    The Iowa department of public health is authorized to adopt
  8  6 rules to implement the brain injury services program utilizing
  8  7 emergency procedures that forego various public comment
  8  8 periods, but the rules remain subject to review by the
  8  9 administrative rules review committee before being adopted.
  8 10 LSB 6045HV 81
  8 11 jp:rj/cf/24