Senate
File
2065
-
Introduced
SENATE
FILE
2065
BY
CHELGREN
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
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2065
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
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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
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