Senate Study Bill 3196 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON SEGEBART) A BILL FOR An Act relating to a person’s county of residence as the basis 1 for determining financial responsibility for certain human 2 services programs and treatment or support services. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6202XC (1) 87 hb/rh
S.F. _____ Section 1. Section 35D.9, Code 2018, is amended to read as 1 follows: 2 35D.9 County of settlement residence upon discharge. 3 A member of the home does not acquire legal settlement 4 residency in the county in which the home is located unless 5 the member is voluntarily or involuntarily discharged from the 6 home , continuously resides in the county for a period of one 7 year subsequent to the discharge, and during that year is not 8 readmitted to the home or does not receive any services from 9 the home and the member meets county of residence requirements . 10 For purposes of this section, “county of residence” means the 11 same as defined in section 331.394. 12 Sec. 2. Section 125.2, Code 2018, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 4A. “County of residence” means the same 15 as defined in section 331.394. 16 Sec. 3. Section 125.2, subsection 13, Code 2018, is amended 17 by striking the subsection. 18 Sec. 4. Section 139A.12, Code 2018, is amended to read as 19 follows: 20 139A.12 County liability for care, provisions, and medical 21 attendance. 22 The local board shall provide proper care, provisions, and 23 medical attendance for any person removed and isolated or 24 quarantined in a separate house or hospital for detention and 25 treatment, and the care, provisions, and medical attendance 26 shall be paid for by the county in which the infected person 27 has a legal settlement residence , if the patient or legal 28 guardian is unable to pay. 29 Sec. 5. Section 139A.18, Code 2018, is amended to read as 30 follows: 31 139A.18 Reimbursement from county. 32 If any person receives services or supplies under this 33 chapter who does not have a legal settlement residence in the 34 county in which the bills were incurred and paid, the amount 35 -1- LSB 6202XC (1) 87 hb/rh 1/ 5
S.F. _____ paid shall be certified to the board of supervisors of the 1 county in which the person claims settlement or owns property, 2 and the board of supervisors of that county shall reimburse the 3 county from which the claim is certified, in the full amount 4 originally paid. 5 Sec. 6. Section 232.141, subsections 7 and 8, Code 2018, are 6 amended to read as follows: 7 7. A county charged with the costs and expenses under 8 subsections 2 and 3 may recover the costs and expenses from the 9 county where the child has legal settlement child’s county of 10 residence, as defined in section 331.394, by filing verified 11 claims which are payable as are other claims against the 12 county. A detailed statement of the facts upon which a claim 13 is based shall accompany the claim. Any dispute involving the 14 legal settlement of a child for which the court has ordered 15 payment under this section shall be settled pursuant to 16 sections 252.22 and 252.23 . 17 8. This subsection applies only to placements in a juvenile 18 shelter care home which is publicly owned, operated as a county 19 or multicounty shelter care home, organized under a chapter 20 28E agreement, or operated by a private juvenile shelter care 21 home. If the actual and allowable costs of a child’s shelter 22 care placement exceed the amount the department is authorized 23 to pay in accordance with law and administrative rule, the 24 unpaid costs may be recovered from the child’s county of legal 25 settlement residence . However, the maximum amount of the 26 unpaid costs which may be recovered under this subsection is 27 limited to the difference between the amount the department is 28 authorized to pay and the statewide average of the actual and 29 allowable rates in effect in May of the preceding fiscal year 30 for reimbursement of juvenile shelter care homes. In no case 31 shall the home be reimbursed for more than the home’s actual 32 and allowable costs. The unpaid costs are payable pursuant to 33 filing of verified claims against the child’s county of legal 34 settlement residence . A detailed statement of the facts upon 35 -2- LSB 6202XC (1) 87 hb/rh 2/ 5
S.F. _____ which a claim is based shall accompany the claim. Any dispute 1 between counties arising from filings of claims pursuant to 2 this subsection shall be settled in the manner provided to 3 determine residency in section 331.394 . 4 Sec. 7. Section 252.24, Code 2018, is amended to read as 5 follows: 6 252.24 County of settlement residence liable —— exception. 7 1. The county where the settlement is of residence, as 8 defined in section 331.394, shall be liable to the county 9 granting assistance for all reasonable charges and expenses 10 incurred in the assistance and care of a poor person. 11 2. When assistance is furnished by any governmental agency 12 of the county, township, or city, the assistance shall be 13 deemed to have been furnished by the county in which the 14 agency is located and the agency furnishing the assistance 15 shall certify the correctness of the costs of the assistance 16 to the board of supervisors of that county and that county 17 shall collect from the county of the person’s settlement county 18 of residence . The amounts collected by the county where the 19 agency is located shall be paid to the agency furnishing the 20 assistance. This statute applies to services and supplies 21 furnished as provided in section 139A.18 . 22 3. Notwithstanding subsection 2 , if This section shall 23 apply to assistance or maintenance is provided by a county 24 through the county’s mental health and disability services 25 system implemented under chapter 331 , liability for the 26 assistance and maintenance is the responsibility of the 27 person’s county of residence . 28 Sec. 8. Section 331.502, subsection 14, Code 2018, is 29 amended by striking the subsection. 30 Sec. 9. Section 331.653, subsection 25, Code 2018, is 31 amended by striking the subsection. 32 Sec. 10. Section 347.16, subsection 3, Code 2018, is amended 33 to read as follows: 34 3. Care and treatment may be furnished in a county public 35 -3- LSB 6202XC (1) 87 hb/rh 3/ 5
S.F. _____ hospital to any sick or injured person who has legal settlement 1 residence outside the county which maintains the hospital, 2 subject to such policies and rules as the board of hospital 3 trustees may adopt. If care and treatment is provided under 4 this subsection to a person who is indigent, the county in 5 which that person has legal settlement person’s county of 6 residence, as defined in section 331.394, shall pay to the 7 board of hospital trustees the fair and reasonable cost of 8 the care and treatment provided by the county public hospital 9 unless the cost of the indigent person’s care and treatment is 10 otherwise provided for. If care and treatment is provided to 11 an indigent person under this subsection , the county public 12 hospital furnishing the care and treatment shall immediately 13 notify, by regular mail, the auditor of the county of legal 14 settlement residence of the indigent person of the provision 15 of care and treatment to the indigent person . However, if the 16 including care and treatment is provided by a county through 17 the county’s mental health and disability services system 18 implemented under chapter 331 , liability for the assistance 19 and maintenance is the responsibility of the person’s county 20 of residence . 21 Sec. 11. REPEAL. Sections 252.16, 252.17, 252.18, 252.22, 22 and 252.23, Code 2018, are repealed. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to a person’s county of residence as the 27 basis for determining financial responsibility for certain 28 human services programs and treatment or support services. 29 References to county of legal settlement are amended to 30 be county of residence or residence in the following Code 31 sections: section 35D.9, relating to the Iowa veteran’s 32 home; section 125.2, relating to the definition of county of 33 residence for purposes of Code chapter 125 (substance-related 34 disorders); section 139A.12, relating to county liability for 35 -4- LSB 6202XC (1) 87 hb/rh 4/ 5
S.F. _____ care, provisions, and medical attendance for communicable 1 and infectious diseases and poisonings (Code chapter 139A); 2 section 139A.18, relating to reimbursement for services or 3 supplies under Code chapter 139A; section 232.141, relating 4 to the recovery by a county for certain juvenile shelter care 5 and placement costs and expenses; section 252.24, requiring 6 the county of legal settlement to reimburse the county that 7 initially paid the charges relating to the assistance or 8 support of a poor person; section 331.502, relating to the 9 duties of the county auditor; and section 347.16, relating to 10 the cost of care provided in county hospitals. 11 The following Code sections are repealed due to the strike of 12 references to legal settlement for purposes of Code chapter 252 13 (support of the poor): sections 252.16 and 252.17, relating to 14 the acquisition of legal settlement; section 252.18, relating 15 to foreign paupers; section 252.22, relating to the duties 16 of the county auditor; and section 252.23, relating to legal 17 settlement disputes over financial assistance between counties. 18 -5- LSB 6202XC (1) 87 hb/rh 5/ 5