House File 106 - Introduced HOUSE FILE 106 BY HEDDENS A BILL FOR An Act relating to the treatment of benefits for individuals 1 committed to certain public institutions including medical 2 assistance, social security, and supplemental security 3 income benefits. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1770HH (3) 84 pf/nh
H.F. 106 Section 1. NEW SECTION . 249A.38 Committed individuals —— 1 suspension or termination of medical assistance —— reapplication 2 for social security and supplemental security income. 3 1. The medical assistance benefits of an individual who 4 received medical assistance immediately prior to commitment 5 to a public institution by reason of an arrest or charge 6 for or conviction of a crime, may be suspended rather than 7 terminated for the initial twelve-month period of commitment if 8 the individual was eligible for medical assistance by reason 9 of disability or being sixty-five years of age or older. 10 Following the initial twelve-month period of commitment, such 11 benefits may be terminated. 12 2. The entity with control of the public institution to 13 which an individual specified under subsection 1 is committed 14 shall work with the department to develop a process for all of 15 the following: 16 a. Notifying the department of the date an individual who 17 may be eligible for suspension of medical assistance enters the 18 public institution. 19 b. Notifying the department of any changes that may affect 20 the individual’s eligibility for medical assistance during the 21 time the individual is committed to the public institution. 22 c. Assisting the department in the medical assistance review 23 process as part of the individual’s discharge planning prior to 24 release of the individual in order to provide the individual 25 with continued medical coverage. 26 3. The entity with control of the public institution to 27 which an individual specified under subsection 1 is committed 28 shall work with the department to develop a process for the 29 individual to apply or reapply for supplemental security income 30 or social security as part of the individual’s discharge 31 planning if the entity determines that the individual may be 32 eligible for such benefits. 33 4. For the purposes of this section, “public institution” 34 means a public institution, as defined in 42 C.F.R. § 435.1010, 35 -1- LSB 1770HH (3) 84 pf/nh 1/ 2
H.F. 106 to which an individual is committed by reason of arrest or 1 charge for or conviction of a crime. 2 5. This section applies to individuals as specified in 3 subsection 1 on and after October 1, 2009. 4 EXPLANATION 5 This bill provides for the suspension rather than 6 termination of medical assistance benefits of a person who 7 received medical assistance benefits immediately prior to 8 commitment to a public institution, during the initial 12-month 9 period of commitment. Following the initial 12-month period of 10 commitment, such benefits may be terminated. Additionally, the 11 bill requires the entity with control of the public institution 12 or facility to which the individual is committed to work with 13 the department of human services to develop a process to 14 maximize the individual’s ability to continue medical coverage 15 and other benefits including supplemental security income and 16 social security. 17 -2- LSB 1770HH (3) 84 pf/nh 2/ 2