House File 2097 - Introduced HOUSE FILE 2097 BY PETTENGILL A BILL FOR An Act relating to community-directed attendant care 1 requirements, and including effective, retroactive, and 2 applicability date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5159YH (2) 85 pf/nh
H.F. 2097 Section 1. 2013 Iowa Acts, chapter 138, section 12, 1 subsection 19, paragraph a, subparagraph (6), is amended by 2 striking the subparagraph. 3 Sec. 2. 2013 Iowa Acts, chapter 138, section 142, subsection 4 18, paragraph a, is amended to read as follows: 5 a. The department shall continue to implement the cost 6 containment strategies for the medical assistance program in 7 the fiscal year beginning July 1, 2014, that were recommended 8 by the governor for the fiscal year beginning July 1, 2013, 9 as specified in this Act and may adopt emergency rules for 10 such implementation. The department shall not implement the 11 cost containment strategy that requires transition of the 12 provision by individual providers of personal care under the 13 consumer-directed attendant care option to agency-provided 14 personal care services while retaining the consumer choice 15 option for those individuals able and desiring to self-direct 16 services. 17 Sec. 3. CONSUMER-DIRECTED ATTENDANT CARE PROVIDERS —— 18 LEGAL REPRESENTATIVE. The department of human services shall 19 adopt rules pursuant to chapter 17A to allow a guardian or 20 attorney in fact under a durable power of attorney for health 21 care for a consumer-directed attendant care program member to 22 provide consumer-directed attendant care services. Payment to 23 a guardian or attorney in fact for health care for a program 24 member acting as a provider under the consumer-directed 25 attendant care program shall not be considered funds 26 incorrectly paid. 27 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 28 immediate importance, takes effect upon enactment. 29 Sec. 5. RETROACTIVE APPLICABILITY. This Act applies 30 retroactively to July 1, 2013. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to a cost containment strategy that 35 -1- LSB 5159YH (2) 85 pf/nh 1/ 2
H.F. 2097 would require transition under the Medicaid program of the 1 provision by individual providers of personal care under the 2 consumer-directed attendant care option to agency-provided 3 personal care services while retaining the consumer choice 4 option for those individuals able and desiring to self-direct 5 services. Because the provision was included in the 6 appropriation for the Medicaid program for FY 2013-2014 and 7 continued in FY 2014-2015, the bill eliminates the initial 8 directive for FY 2013-2014, and directs the department of human 9 services not to implement the strategy for FY 2014-2015. 10 The bill also provides that under the consumer-directed 11 attendant care program, a guardian or attorney in fact under 12 a durable power of attorney for health care for a program 13 member may be a provider of services under the program. 14 Additionally, payment to such guardian or attorney in fact for 15 health care for a program member acting as a provider under 16 the consumer-directed attendant care program is not to be 17 considered funds incorrectly paid. 18 The bill takes effect upon enactment and is retroactively 19 applicable to July 1, 2013. 20 -2- LSB 5159YH (2) 85 pf/nh 2/ 2