Senate
File
2082
-
Introduced
SENATE
FILE
2082
BY
RAGAN
,
BEALL
,
HART
,
JOCHUM
,
BLACK
,
PETERSEN
,
BRASE
,
SCHOENJAHN
,
MATHIS
,
McCOY
,
GRONSTAL
,
COURTNEY
,
DEARDEN
,
HORN
,
WILHELM
,
BOWMAN
,
SENG
,
DANIELSON
,
DOTZLER
,
BOLKCOM
,
HOGG
,
HATCH
,
and
SODDERS
A
BILL
FOR
An
Act
relating
to
the
submission
of
a
Medicaid
state
plan
1
amendment
for
the
provision
of
home
and
community-based
2
services
to
elders.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2082
Section
1.
MEDICAID
——
SECTION
1915(i)
STATE
PLAN
1
AMENDMENT
——
HOME
AND
COMMUNITY-BASED
SERVICES
FOR
ELDERS.
The
2
department
of
human
services
shall
convene
a
workgroup
of
3
stakeholders
with
interest
or
expertise
in
issues
relating
4
to
elders
to
develop
a
section
1915(i)
medical
assistance
5
program
state
plan
amendment
in
accordance
with
section
6
2402
of
the
federal
Patient
Protection
and
Affordable
Care
7
Act
to
cover
home
and
community-based
services
for
eligible
8
elders
65
years
of
age
or
older.
The
workgroup
shall
make
9
recommendations
on
or
before
September
1,
2014,
relating
to
10
financial
eligibility;
benefits,
including
whether
individuals
11
receiving
1915(i)
services
should
be
eligible
for
full
Medicaid
12
benefits;
available
services;
and
the
needs-based
level
of
13
care
criteria
for
determination
of
eligibility
under
the
state
14
plan
amendment.
The
recommendations
of
the
workgroup
shall
be
15
incorporated
into
a
1915(i)
state
plan
amendment
and
submitted
16
by
the
department
of
human
services
to
the
centers
for
Medicare
17
and
Medicaid
services
of
the
United
States
department
of
health
18
and
human
services
for
approval.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
directs
the
department
of
human
services
(DHS)
23
to
convene
a
workgroup
of
stakeholders
with
interest
or
24
expertise
in
issues
relating
to
elders
to
develop
a
section
25
1915(i)
Medicaid
state
plan
amendment
to
provide
home
and
26
community-based
services
(HCBS)
to
eligible
elders.
The
27
workgroup
is
directed
to
make
recommendations
on
or
before
28
September
1,
2014,
relating
to
financial
eligibility;
benefits,
29
including
whether
individuals
receiving
1915(i)
services
should
30
be
eligible
for
full
Medicaid
benefits;
available
services;
and
31
the
needs-based
level
of
care
criteria
for
determination
of
32
eligibility
under
the
state
plan
amendment.
The
bill
directs
33
DHS
to
incorporate
the
recommendations
of
the
workgroup
into
34
a
state
plan
amendment
to
be
submitted
to
the
centers
for
35
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2082
Medicare
and
Medicaid
services
of
the
United
States
department
1
of
health
and
human
services
for
approval.
2
The
1915(i)
state
plan
amendment
option
under
the
federal
3
Patient
Protection
and
Affordable
Care
Act
(ACA)
allows
states
4
to
provide
HCBS
to
eligible
individuals
without
requiring
5
the
individuals
to
meet
the
institutional
level
of
care
6
criteria.
Rather,
an
individual
must
meet
a
needs-based
7
criteria
specified
by
the
state
that
is
less
restrictive
8
than
the
state’s
institutional
level
of
care
criteria.
The
9
ACA
provision
also
allows
states
to
expand
the
scope
of
10
allowable
services;
allows
states
to
provide
a
specific
set
11
of
HCBS
benefits
to
a
targeted
population
group;
allows
the
12
use
of
increased
income
eligibility
up
to
300
percent
of
the
13
supplemental
security
income
(SSI)
federal
benefit
level;
and
14
allows
states
to
provide
full
Medicaid
state
plan
benefits
to
15
those
eligible
for
the
1915(i)
HCBS
option.
Because
the
HCBS
16
option
is
based
on
a
state
plan
amendment
rather
than
a
waiver,
17
the
HCBS
must
be
offered
to
all
eligible
individuals
on
a
18
statewide
basis.
The
state
cannot
limit
the
number
of
eligible
19
individuals,
establish
a
waiting
list
for
these
individuals,
or
20
limit
services
to
only
specified
areas
of
the
state.
21
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