Senate Study Bill 1071 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            HUMAN RESOURCES BILL BY
                                            CHAIRPERSON RAGAN)


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

                                      A BILL FOR

  1 An Act relating to providing an appeal process for medical
  2    assistance providers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1837XC 82
  5 pf/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  249A.36  PROVIDER APPEALS
  1  2 PROCESS.
  1  3    1.  Notwithstanding conflicting provisions of chapter 17A,
  1  4 a provider appeal hearing pursuant to subsection 2 shall be
  1  5 available to a provider if any of the following conditions,
  1  6 which constitutes a contested case, is met:
  1  7    a.  The provider's license, certification, registration,
  1  8 approval, or accreditation has been denied or revoked or has
  1  9 not been acted upon in a timely manner.
  1 10    b.  The provider's claim for payment or request for prior
  1 11 authorization of payment has been denied.
  1 12    c.  The provider's contract as a medical assistance patient
  1 13 manager has been terminated.
  1 14    d.  The provider has been notified that an overpayment has
  1 15 been established and repayment is requested.
  1 16    e.  The provider has been notified that the reconsideration
  1 17 process has been exhausted and the provider is not satisfied
  1 18 with the result.
  1 19    f.  The provider's claim for payment was not made according
  1 20 to department policy.
  1 21    g.  The provider's application for a child care quality
  1 22 rating has not been acted upon in a timely manner, the
  1 23 provider disagrees with the department's quality rating
  1 24 decision, or the provider's certificate of quality rating has
  1 25 been revoked.
  1 26    2.  a.  A provider appeal hearing shall be conducted by a
  1 27 panel which consists of the following members:
  1 28    (1)  One member, appointed by the president or presiding
  1 29 officer of the provider's professional or trade association,
  1 30 who is either a member of the association or is a provider who
  1 31 provides similar professional services as the provider.  For
  1 32 the purposes of this subparagraph, "provider's professional or
  1 33 trade association" means the entity composed of providers who
  1 34 hold the same license, certification, registration, approval,
  1 35 or accreditation as the provider or, if not licensed,
  2  1 certified, registered, approved, or accredited, providers who
  2  2 provide the same professional services as the provider.
  2  3    (2)  One member, appointed by the department, who is an
  2  4 employee of the department.
  2  5    (3)  One member, who is an administrative law judge,
  2  6 assigned by the division of administrative hearings of the
  2  7 department of inspections and appeals in accordance with the
  2  8 provisions of section 10A.801.
  2  9    b.  The administrative law judge member of the panel shall
  2 10 be the presiding officer for the hearing.
  2 11    c.  The decision of the panel shall be determined by a
  2 12 majority vote.
  2 13    d.  The decision of the panel shall be a final decision and
  2 14 shall meet the requirements of a final decision pursuant to
  2 15 section 17A.16.
  2 16    e.  A party to the hearing may file a request for rehearing
  2 17 pursuant to section 17A.16.
  2 18    f.  A party who is aggrieved or adversely affected by a
  2 19 final decision under this section is entitled to judicial
  2 20 review as provided in section 17A.19.
  2 21                           EXPLANATION
  2 22    This bill provides an appeals process for medical
  2 23 assistance providers in certain contested case proceedings.
  2 24 The bill specifies the circumstances, that constitute a
  2 25 contested case, in which the alternative appeals hearing
  2 26 process would apply.  Under the alternative appeals hearing
  2 27 process, in lieu of selection of a presiding officer for a
  2 28 contested case proceeding under Code chapter 17A, which would
  2 29 allow for an agency or an administrative law judge to preside,
  2 30 the bill provides that the contested case would be presided
  2 31 over by a panel made up of three members:  a member appointed
  2 32 by the provider's professional or trade association who is a
  2 33 member of the association or a provider who provides similar
  2 34 professional services as the provider; a member, appointed by
  2 35 the department of human services, who is an employee of the
  3  1 department; and an administrative law judge assigned by the
  3  2 division of administrative hearings of the department of
  3  3 inspections and appeals.  The administrative law judge is to
  3  4 be the presiding officer for the hearing and the decision of
  3  5 the panel is to be determined by a majority vote.  Under the
  3  6 bill, the decision of the panel is a final decision, a party
  3  7 to the hearing may file a request for rehearing, and a party
  3  8 who is aggrieved or adversely affected by a final decision is
  3  9 entitled to judicial review.
  3 10 LSB 1837XC 82
  3 11 pf:nh/je/5