Senate File 2320 - Introduced SENATE FILE 2320 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 2066) A BILL FOR An Act relating to providers of medical assistance program 1 consumer-directed attendant care and consumer choices 2 option services, including effective date and retroactive 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5665SV (3) 85 pf/nh

S.F. 2320 Section 1. MEDICAL ASSISTANCE PROGRAM —— PROVIDERS OF 1 CONSUMER-DIRECTED ATTENDANT CARE AND CONSUMER CHOICES OPTION 2 SERVICES. 3 1. a. The department of human services shall adopt 4 rules pursuant to chapter 17A to provide for all of the 5 following regarding providers of medical assistance program 6 consumer-directed attendant care and consumer choices option 7 services: 8 (1) That an individual who serves as a member’s legal 9 representative and provides services to the member under a home 10 and community-based services waiver consumer-directed attendant 11 care agreement or under a community choices option employment 12 agreement in effect on or after December 31, 2013, may continue 13 to act as a provider under the agreement and payment to such 14 provider is not considered funds incorrectly paid under the 15 medical assistance program. 16 (2) Beginning July 1, 2016, the department may require 17 services through the consumer-directed attendant care option 18 to be provided through an agency but shall retain the consumer 19 choices option for those individuals able and desiring 20 to self-direct services. If the department does require 21 services through the consumer-directed attendant care option 22 to be provided through an agency beginning July 1, 2016, an 23 individual providing services to a member under a home and 24 community-based services consumer-directed attendant care 25 agreement in effect on June 30, 2016, may continue to act as 26 an individual provider under the agreement and payment to such 27 provider is not considered funds incorrectly paid under the 28 medical assistance program. 29 b. For the purposes of this subsection, “legal 30 representative” means a person, including an attorney, who is 31 authorized by law to act on behalf of the medical assistance 32 program member. “Legal representative” does not include the 33 spouse of a member or the parent or stepparent of a member aged 34 seventeen or under. 35 -1- LSB 5665SV (3) 85 pf/nh 1/ 3

S.F. 2320 2. Any person who provided or applies to provide services 1 under a home and community-based services consumer-directed 2 attendant care agreement or under a community choices option 3 employment agreement in effect on or after December 31, 4 2013, is subject to 441 IAC 79.2(3)(c) and (d) and 441 IAC 5 79.2(4)(c). For the purposes of this subsection, “person” 6 means any individual human being or any company, firm, 7 association, corporation, institution, or other legal entity. 8 “Person” includes but is not limited to a provider and any 9 affiliate of a provider. 10 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 11 immediate importance, takes effect upon enactment. 12 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 13 retroactively to December 31, 2013. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to providers of medical assistance 18 (Medicaid) consumer-directed attendant care (CDAC) and consumer 19 choices option (CCO) services. 20 The bill directs the department of human services (DHS) to 21 adopt rules pursuant to Code chapter 17A to: 22 1. Provide that an individual who serves as a Medicaid 23 member’s legal representative and also provided services to the 24 member under a CDAC agreement or CCO employment agreement in 25 effect on or after December 31, 2013, may continue to act as 26 a provider under the agreement and payment to such provider 27 is not considered funds incorrectly paid under the medical 28 assistance program. 29 2. Provide that beginning July 1, 2016, DHS may require 30 services through CDAC to be provided through an agency but 31 shall retain the CCO for those individuals able and desiring 32 to self-direct services. However, an individual providing 33 services to a Medicaid member under a CDAC agreement in effect 34 on June 30, 2016, may continue to act as an individual provider 35 -2- LSB 5665SV (3) 85 pf/nh 2/ 3

S.F. 2320 under the agreement and payment to such provider is not 1 considered funds incorrectly paid under the medical assistance 2 program. 3 Under the bill, “legal representative” means a person, 4 including an attorney, who is authorized by law to act on 5 behalf of the medical assistance program member. “Legal 6 representative” does not include the spouse of a member or the 7 parent or stepparent of a member aged 17 or under. 8 The bill provides that any provider of services under a CDAC 9 or CCO agreement in effect on or after December 31, 2013, is 10 subject to rules for Medicaid providers relating to mandatory 11 suspensions and terminations and background checks. 12 The bill takes effect upon enactment and is retroactively 13 applicable to December 31, 2013. 14 -3- LSB 5665SV (3) 85 pf/nh 3/ 3