Senate
Study
Bill
1100
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
relating
to
medical
assistance
program-related
1
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
_____
Section
1.
Section
8A.504,
subsection
1,
paragraph
c,
1
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
2
(1)
Any
debt,
which
is
assigned
to
the
department
of
human
3
services,
or
which
is
owed
to
the
department
of
human
services
4
for
unpaid
premiums
under
section
249A.3,
subsection
2,
5
paragraph
“a”
,
subparagraph
(1),
or
section
249J.8,
subsection
6
1,
or
which
the
child
support
recovery
unit
is
otherwise
7
attempting
to
collect,
or
which
the
foster
care
recovery
unit
8
of
the
department
of
human
services
is
attempting
to
collect
9
on
behalf
of
a
child
receiving
foster
care
provided
by
the
10
department
of
human
services.
11
Sec.
2.
Section
217.34,
Code
2011,
is
amended
to
read
as
12
follows:
13
217.34
Debt
setoff.
14
The
investigations
division
of
the
department
of
inspections
15
and
appeals
and
the
department
of
human
services
shall
provide
16
assistance
to
set
off
against
a
person’s
or
provider’s
income
17
tax
refund
or
rebate
any
debt
which
has
accrued
through
written
18
contract,
nonpayment
of
premiums
pursuant
to
section
249A.3,
19
subsection
2,
paragraph
“a”
,
subparagraph
(1),
or
section
20
249J.8,
subsection
1,
subrogation,
departmental
recoupment
21
procedures,
or
court
judgment
and
which
is
in
the
form
of
a
22
liquidated
sum
due
and
owing
the
department
of
human
services.
23
The
department
of
inspections
and
appeals,
with
approval
of
the
24
department
of
human
services,
shall
adopt
rules
under
chapter
25
17A
necessary
to
assist
the
department
of
administrative
26
services
in
the
implementation
of
the
setoff
under
section
27
8A.504
in
regard
to
money
owed
to
the
state
for
public
28
assistance
overpayments
or
nonpayment
of
premiums
as
specified
29
in
this
section
.
The
department
of
human
services
shall
adopt
30
rules
under
chapter
17A
necessary
to
assist
the
department
of
31
administrative
services
in
the
implementation
of
the
setoff
32
under
section
8A.504
,
in
regard
to
collections
by
the
child
33
support
recovery
unit
and
the
foster
care
recovery
unit.
34
Sec.
3.
Section
249A.3,
subsection
2,
paragraph
a,
35
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subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
1
(1)
(a)
As
allowed
under
42
U.S.C.
2
§
1396a(a)(10)(A)(ii)(XIII),
individuals
with
disabilities,
3
who
are
less
than
sixty-five
years
of
age,
who
are
members
of
4
families
whose
income
is
less
than
two
hundred
fifty
percent
of
5
the
most
recently
revised
official
poverty
guidelines
published
6
by
the
United
States
department
of
health
and
human
services
7
for
the
family,
who
have
earned
income
and
who
are
eligible
for
8
medical
assistance
or
additional
medical
assistance
under
this
9
section
if
earnings
are
disregarded.
As
allowed
by
42
U.S.C.
10
§
1396a(r)(2),
unearned
income
shall
also
be
disregarded
in
11
determining
whether
an
individual
is
eligible
for
assistance
12
under
this
subparagraph.
For
the
purposes
of
determining
the
13
amount
of
an
individual’s
resources
under
this
subparagraph
14
and
as
allowed
by
42
U.S.C.
§
1396a(r)(2),
a
maximum
of
ten
15
thousand
dollars
of
available
resources
shall
be
disregarded,
16
and
any
additional
resources
held
in
a
retirement
account,
in
a
17
medical
savings
account,
or
in
any
other
account
approved
under
18
rules
adopted
by
the
department
shall
also
be
disregarded.
19
(b)
Individuals
eligible
for
assistance
under
this
20
subparagraph,
whose
individual
income
exceeds
one
hundred
21
fifty
percent
of
the
official
poverty
guidelines
published
22
by
the
United
States
department
of
health
and
human
services
23
for
an
individual,
shall
pay
a
premium.
The
amount
of
the
24
premium
shall
be
based
on
a
sliding
fee
schedule
adopted
by
25
rule
of
the
department
and
shall
be
based
on
a
percentage
of
26
the
individual’s
income.
The
maximum
premium
payable
by
an
27
individual
whose
income
exceeds
one
hundred
fifty
percent
of
28
the
official
poverty
guidelines
shall
be
commensurate
with
29
the
cost
of
state
employees’
group
health
insurance
in
this
30
state.
The
payment
to
and
acceptance
by
an
automated
case
31
management
system
or
the
department
of
the
premium
required
32
under
this
subparagraph
shall
not
automatically
confer
initial
33
or
continuing
program
eligibility
on
an
individual.
A
premium
34
paid
to
and
accepted
by
the
department’s
premium
payment
35
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process
that
is
subsequently
determined
to
be
untimely
or
to
1
have
been
paid
on
behalf
of
an
individual
ineligible
for
the
2
program
shall
be
refunded
to
the
remitter
in
accordance
with
3
rules
adopted
by
the
department.
Any
unpaid
premium
shall
be
a
4
debt
owed
the
department.
5
Sec.
4.
Section
249J.7,
subsection
1,
paragraph
a,
Code
6
2011,
is
amended
to
read
as
follows:
7
a.
Expansion
population
members
shall
only
be
eligible
8
to
receive
expansion
population
services
through
a
provider
9
included
in
the
expansion
population
provider
network.
Except
10
as
otherwise
provided
in
this
chapter
,
the
expansion
population
11
provider
network
shall
be
limited
to
a
the
following:
12
(1)
A
publicly
owned
acute
care
teaching
hospital
located
in
13
a
county
with
a
population
over
three
hundred
fifty
thousand
,
14
the
.
15
(2)
The
university
of
Iowa
hospitals
and
clinics
,
and
a
.
16
(3)
A
regional
provider
network
utilizing
the
federally
17
qualified
health
centers
or
federally
qualified
health
center
18
look-alikes
in
the
state,
to
provide
primary
care
to
members
19
as
designated
by
the
department
in
the
phase-in
plan
utilizing
20
criteria
specified
in
paragraph
“b”
.
21
Sec.
5.
Section
249J.8,
subsection
1,
Code
2011,
is
amended
22
to
read
as
follows:
23
1.
a.
Each
The
total
monthly
premium
and
other
cost-sharing
24
for
an
expansion
population
member
whose
family
income
exceeds
25
one
hundred
fifty
percent
of
the
federal
poverty
level
as
26
defined
by
the
most
recently
revised
poverty
income
guidelines
27
published
by
the
United
States
department
of
health
and
human
28
services
shall
pay
a
monthly
premium
not
to
exceed
one-twelfth
29
of
five
percent
of
the
member’s
annual
family
income
regardless
30
of
the
number
of
expansion
population
members
in
the
household.
31
The
department
shall
adopt
rules
to
establish
a
premium
32
schedule
in
accordance
with
this
subsection
that
is
calculated
33
based
on
a
member’s
family
income
for
each
ten
percent
34
increment
of
the
federal
poverty
level
.
35
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b.
Each
An
expansion
population
member
whose
family
income
1
is
equal
to
or
less
than
one
hundred
fifty
percent
of
the
2
federal
poverty
level
as
defined
by
the
most
recently
revised
3
poverty
income
guidelines
published
by
the
United
States
4
department
of
health
and
human
services
shall
not
be
subject
to
5
payment
of
a
monthly
premium.
6
c.
All
premiums
shall
be
paid
on
by
the
last
day
of
the
7
month
of
coverage.
8
d.
The
department
shall
deduct
the
amount
of
any
monthly
9
premiums
paid
by
an
expansion
population
member
for
benefits
10
under
the
healthy
and
well
kids
in
Iowa
program
when
computing
11
the
amount
of
monthly
premiums
owed
under
this
subsection
.
12
e.
An
expansion
population
member
shall
respond
to
the
13
monthly
premium
notices
either
through
timely
payment
or
a
14
request
for
a
hardship
exemption
during
the
entire
period
of
15
the
member’s
enrollment.
16
f.
Regardless
of
the
length
of
enrollment,
the
member
17
is
subject
to
payment
of
the
premium
for
a
minimum
of
four
18
consecutive
months.
However,
an
expansion
population
member
19
who
complies
with
the
requirement
of
payment
of
the
premium
20
for
a
minimum
of
four
consecutive
months
during
a
consecutive
21
twelve-month
period
of
enrollment
shall
be
deemed
to
have
22
complied
with
this
requirement
for
the
subsequent
consecutive
23
twelve-month
period
of
enrollment
and
shall
only
be
subject
to
24
payment
of
the
monthly
premium
on
a
month-by-month
basis.
25
g.
Timely
payment
of
premiums
,
including
any
arrearages
26
accrued
from
prior
enrollment,
is
a
condition
of
receiving
any
27
expansion
population
services.
An
expansion
population
member
28
who
does
not
provide
timely
payment
within
sixty
days
of
the
29
date
the
premium
is
due
is
subject
to
disenrollment.
30
h.
Any
unpaid
premiums
are
a
debt
owed
to
the
department.
31
i.
The
payment
to
and
acceptance
by
an
automated
case
32
management
system
or
the
department
of
the
premium
required
33
under
this
subsection
shall
not
automatically
confer
initial
or
34
continuing
program
eligibility
on
an
individual.
35
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j.
A
premium
paid
to
and
accepted
by
the
department’s
1
premium
payment
process
that
is
subsequently
determined
to
2
be
untimely
or
to
have
been
paid
on
behalf
of
an
individual
3
ineligible
for
the
program
shall
be
refunded
to
the
remitter
in
4
accordance
with
rules
adopted
by
the
department.
5
k.
Premiums
collected
under
this
subsection
shall
be
6
deposited
in
the
premiums
subaccount
of
the
account
for
health
7
care
transformation
created
pursuant
to
section
249J.23
.
8
l.
An
expansion
population
member
shall
also
pay
the
same
9
copayments
required
of
other
adult
recipients
of
medical
10
assistance.
11
EXPLANATION
12
This
bill
relates
to
medical
assistance
program-related
13
provisions.
The
bill
provides
that
unpaid
premiums
under
the
14
Medicaid
for
employed
people
with
disabilities
(MEPD)
program
15
and
the
IowaCare
program
are
considered
“qualifying
debts”
16
subject
to
debt
setoff
procedures.
17
The
bill
amends
provisions
describing
the
provider
network
18
for
the
IowaCare
program
to
reflect
inclusion
of
a
regional
19
provider
network.
20
The
bill
amends
provisions
relating
to
financial
21
participation
of
IowaCare
members
to
comply
with
federal
22
requirements
for
renewal
of
the
IowaCare
waiver.
Under
the
23
bill,
IowaCare
members
with
household
incomes
at
or
below
24
150
percent
of
the
federal
poverty
level
(FPL)
would
not
be
25
assessed
a
monthly
premium.
Those
with
incomes
greater
than
26
150
percent
of
the
FPL,
regardless
of
the
number
of
IowaCare
27
members
in
the
household,
would
be
assessed
a
monthly
premium
28
not
to
exceed
one-twelfth
of
5
percent
of
the
household’s
29
monthly
income
in
accordance
with
federal
requirements.
The
30
bill
also
provides
that
a
member
is
subject
to
disenrollment
if
31
premiums
are
not
paid
within
60
days
of
the
date
the
premiums
32
are
due.
33
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