Senate
File
61
-
Introduced
SENATE
FILE
61
BY
MATHIS
and
RAGAN
A
BILL
FOR
An
Act
relating
to
Medicaid
program
improvements,
providing
an
1
appropriation,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
MEDICAID
LONG-TERM
SERVICES
AND
SUPPORTS
POPULATION
MEMBERS
——
2
PROVISION
OF
CONFLICT-FREE
SERVICES
3
Section
1.
MEDICAID
LONG-TERM
SERVICES
AND
SUPPORTS
4
POPULATION
MEMBERS
——
PROVISION
OF
CONFLICT-FREE
SERVICES.
The
5
department
of
human
services
shall
adopt
rules
pursuant
to
6
chapter
17A
to
ensure
that
services
are
provided
under
the
7
Medicaid
program
to
members
of
the
long-term
services
and
8
supports
population
in
a
conflict-free
manner.
Specifically,
9
case
management
services
shall
be
provided
by
independent
10
providers
and
supports
intensity
scale
assessments
shall
be
11
performed
by
independent
assessors.
12
DIVISION
II
13
MEDICAID
WORKFORCE
PROGRAM
14
Sec.
2.
WORKFORCE
RECRUITMENT,
RETENTION,
AND
TRAINING
15
PROGRAMS.
The
department
of
human
services
shall
contractually
16
require
any
managed
care
organization
with
whom
the
department
17
contracts
under
the
Medicaid
program
to
collaborate
with
18
the
department
and
stakeholders
to
develop
and
administer
a
19
workforce
recruitment,
retention,
and
training
program
to
20
provide
adequate
access
to
appropriate
services,
including
21
but
not
limited
to
services
to
older
Iowans.
The
department
22
shall
ensure
that
any
program
developed
is
administered
in
a
23
coordinated
and
collaborative
manner
across
all
contracting
24
managed
care
organizations
and
shall
require
the
managed
care
25
organizations
to
submit
quarterly
progress
and
outcomes
reports
26
to
the
department.
27
DIVISION
III
28
PROVIDER
APPEALS
PROCESS
——
EXTERNAL
REVIEW
29
Sec.
3.
MEDICAID
MANAGED
CARE
ORGANIZATION
APPEALS
PROCESS
30
——
EXTERNAL
REVIEW.
31
1.
a.
A
Medicaid
managed
care
organization
under
contract
32
with
the
state
shall
include
in
any
written
response
to
33
a
Medicaid
provider
under
contract
with
the
managed
care
34
organization
that
reflects
a
final
adverse
determination
of
the
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managed
care
organization’s
internal
appeal
process
relative
to
1
an
appeal
filed
by
the
Medicaid
provider,
all
of
the
following:
2
(1)
A
statement
that
the
Medicaid
provider’s
internal
3
appeal
rights
within
the
managed
care
organization
have
been
4
exhausted.
5
(2)
A
statement
that
the
Medicaid
provider
is
entitled
to
6
an
external
independent
third-party
review
pursuant
to
this
7
section.
8
(3)
The
requirements
for
requesting
an
external
independent
9
third-party
review.
10
b.
If
a
managed
care
organization’s
written
response
does
11
not
comply
with
the
requirements
of
paragraph
“a”,
the
managed
12
care
organization
shall
pay
to
the
affected
Medicaid
provider
a
13
penalty
not
to
exceed
one
thousand
dollars.
14
2.
a.
A
Medicaid
provider
who
has
been
denied
the
provision
15
of
a
service
to
a
Medicaid
member
or
a
claim
for
reimbursement
16
for
a
service
rendered
to
a
Medicaid
member,
and
who
has
17
exhausted
the
internal
appeal
process
of
a
managed
care
18
organization,
shall
be
entitled
to
an
external
independent
19
third-party
review
of
the
managed
care
organization’s
final
20
adverse
determination.
21
b.
To
request
an
external
independent
third-party
review
of
22
a
final
adverse
determination
by
a
managed
care
organization,
23
an
aggrieved
Medicaid
provider
shall
submit
a
written
request
24
for
such
review
to
the
managed
care
organization
within
sixty
25
calendar
days
of
receiving
the
final
adverse
determination.
26
c.
A
Medicaid
provider’s
request
for
an
external
27
independent
third-party
review
shall
include
all
of
the
28
following:
29
(1)
Identification
of
each
specific
issue
and
dispute
30
directly
related
to
the
final
adverse
determination
issued
by
31
the
managed
care
organization.
32
(2)
A
statement
of
the
basis
upon
which
the
Medicaid
33
provider
believes
the
managed
care
organization’s
determination
34
to
be
erroneous.
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(3)
The
Medicaid
provider’s
designated
contact
information,
1
including
name,
mailing
address,
phone
number,
fax
number,
and
2
email
address.
3
3.
a.
Within
five
business
days
of
receiving
a
Medicaid
4
provider’s
request
for
an
external
independent
third-party
5
review
pursuant
to
this
subsection,
the
managed
care
6
organization
shall
do
all
of
the
following:
7
(1)
Confirm
to
the
Medicaid
provider’s
designated
contact,
8
in
writing,
that
the
managed
care
organization
has
received
the
9
request
for
review.
10
(2)
Notify
the
department
of
the
Medicaid
provider’s
11
request
for
review.
12
(3)
Notify
the
affected
Medicaid
member
of
the
Medicaid
13
provider’s
request
for
review,
if
the
review
is
related
to
the
14
denial
of
a
service.
15
b.
If
the
managed
care
organization
fails
to
satisfy
the
16
requirements
of
this
subsection,
the
Medicaid
provider
shall
17
automatically
prevail
in
the
review.
18
4.
a.
Within
fifteen
calendar
days
of
receiving
a
Medicaid
19
provider’s
request
for
an
external
independent
third-party
20
review,
the
managed
care
organization
shall
do
all
of
the
21
following:
22
(1)
Submit
to
the
department
all
documentation
submitted
23
by
the
Medicaid
provider
in
the
course
of
the
managed
care
24
organization’s
internal
appeal
process.
25
(2)
Provide
the
managed
care
organization’s
designated
26
contact
information,
including
name,
mailing
address,
phone
27
number,
fax
number,
and
email
address.
28
b.
If
a
managed
care
organization
fails
to
satisfy
the
29
requirements
of
this
subsection,
the
Medicaid
provider
shall
30
automatically
prevail
in
the
review.
31
5.
A
request
for
an
external
independent
third-party
review
32
shall
automatically
extend
the
deadline
to
file
an
appeal
for
a
33
contested
case
hearing
under
chapter
17A,
pending
the
outcome
34
of
the
external
independent
third-party
review,
until
thirty
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calendar
days
following
receipt
of
the
review
decision
by
the
1
Medicaid
provider.
2
6.
Upon
receiving
notification
of
a
request
for
an
external
3
independent
third-party
review,
the
department
shall
do
all
of
4
the
following:
5
a.
Assign
the
review
to
an
external
independent
third-party
6
reviewer.
7
b.
Notify
the
managed
care
organization
of
the
identity
of
8
the
external
independent
third-party
reviewer.
9
c.
Notify
the
Medicaid
provider’s
designated
contact
of
the
10
identity
of
the
external
independent
third-party
reviewer.
11
7.
The
department
shall
deny
a
request
for
an
external
12
independent
third-party
review
if
the
requesting
Medicaid
13
provider
fails
to
exhaust
the
managed
care
organization’s
14
internal
appeal
process
or
fails
to
submit
a
timely
request
for
15
an
external
independent
third-party
review
pursuant
to
this
16
section.
17
8.
a.
Multiple
appeals
through
the
external
independent
18
third-party
review
process
regarding
the
same
Medicaid
member,
19
a
common
question
of
fact,
or
the
interpretation
of
common
20
applicable
regulations
or
reimbursement
requirements
may
21
be
combined
and
determined
in
one
action
upon
request
of
a
22
party
in
accordance
with
rules
and
regulations
adopted
by
the
23
department.
24
b.
The
Medicaid
provider
that
initiated
a
request
for
25
an
external
independent
third-party
review,
or
one
or
more
26
other
Medicaid
providers,
may
add
claims
to
such
an
existing
27
external
independent
third-party
review
request
following
the
28
exhaustion
of
any
applicable
managed
care
organization
internal
29
appeal
process,
if
the
claims
involve
a
common
question
of
30
fact
or
interpretation
of
common
applicable
regulations
or
31
reimbursement
requirements.
32
9.
Documentation
reviewed
by
the
external
independent
33
third-party
reviewer
shall
be
limited
to
documentation
34
submitted
pursuant
to
subsection
4.
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10.
An
external
independent
third-party
reviewer
shall
do
1
all
of
the
following:
2
a.
Conduct
an
external
independent
third-party
review
3
of
any
claim
submitted
to
the
reviewer
pursuant
to
this
4
subsection.
5
b.
Within
thirty
calendar
days
from
receiving
the
6
request
for
an
external
independent
third-party
review
from
7
the
department
and
the
documentation
submitted
pursuant
to
8
subsection
4,
issue
the
reviewer’s
final
decision
to
the
9
Medicaid
provider’s
designated
contact,
the
managed
care
10
organization’s
designated
contact,
the
department,
and
the
11
affected
Medicaid
member
if
the
decision
involves
a
denial
of
12
service.
The
reviewer
may
extend
the
time
to
issue
a
final
13
decision
by
up
to
fourteen
calendar
days
upon
agreement
of
all
14
parties
to
the
review.
15
11.
The
department
shall
enter
into
a
contract
with
an
16
external
independent
review
organization
that
does
not
have
a
17
conflict
of
interest
with
the
department
or
any
managed
care
18
organization
to
conduct
the
external
independent
third-party
19
reviews
under
this
section.
20
a.
A
party,
including
the
affected
Medicaid
member
or
21
Medicaid
provider,
may
appeal
a
final
decision
of
the
external
22
independent
third-party
reviewer
in
a
contested
case
proceeding
23
in
accordance
with
chapter
17A
within
thirty
calendar
days
from
24
receiving
the
final
decision.
A
final
decision
in
a
contested
25
case
proceeding
is
subject
to
judicial
review.
26
b.
The
final
decision
of
an
external
independent
27
third-party
reviewer
conducted
pursuant
to
this
section
shall
28
also
direct
the
nonprevailing
party
to
pay
an
amount
equal
to
29
the
costs
of
the
review
to
the
external
independent
third-party
30
reviewer.
Any
payment
ordered
pursuant
to
this
subsection
31
shall
be
stayed
pending
any
appeal
of
the
review.
If
the
32
final
outcome
of
any
appeal
is
to
reverse
the
decision
of
the
33
external
independent
third-party
reviewer,
the
nonprevailing
34
party
shall
pay
the
costs
of
the
review
to
the
external
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independent
third-party
reviewer
within
forty-five
calendar
1
days
of
entry
of
the
final
order.
2
DIVISION
IV
3
MEMBER
DISENROLLMENT
FOR
GOOD
CAUSE
4
Sec.
4.
MEMBER
DISENROLLMENT
FOR
GOOD
CAUSE.
The
department
5
of
human
services
shall
adopt
rules
pursuant
to
chapter
17A
6
and
shall
contractually
require
all
Medicaid
managed
care
7
organizations
to
issue
a
decision
in
response
to
a
member’s
8
request
for
disenrollment
for
good
cause
within
ten
days
9
of
the
date
the
member
submits
the
request
to
the
Medicaid
10
managed
care
organization
utilizing
the
Medicaid
managed
care
11
organization’s
grievance
process.
12
DIVISION
V
13
UNIFORM,
SINGLE
CREDENTIALING
14
Sec.
5.
MEDICAID
PROGRAM
——
USE
OF
UNIFORM
AUTHORIZATION
15
CRITERIA
AND
SINGLE
CREDENTIALING
VERIFICATION
16
ORGANIZATION.
The
department
of
human
services
shall
17
develop
uniform
authorization
criteria
for,
and
shall
18
utilize
a
request
for
proposals
process
to
procure,
a
single
19
credentialing
verification
organization
to
be
utilized
by
20
the
state
in
credentialing
and
recredentialing
providers
for
21
both
the
Medicaid
managed
care
and
fee-for-service
payment
and
22
delivery
systems.
The
department
shall
contractually
require
23
all
Medicaid
managed
care
organizations
to
apply
the
uniform
24
authorization
criteria
and
to
accept
verified
information
from
25
the
single
credentialing
verification
organization
procured
by
26
the
state,
and
shall
contractually
prohibit
Medicaid
managed
27
care
organizations
from
requiring
additional
credentialing
28
information
from
a
provider
in
order
to
participate
in
the
29
Medicaid
managed
care
organization’s
provider
network.
30
DIVISION
VI
31
MEDICAID
MANAGED
CARE
OMBUDSMAN
PROGRAM
——
APPROPRIATION
32
Sec.
6.
OFFICE
OF
LONG-TERM
CARE
OMBUDSMAN
——
MEDICAID
33
MANAGED
CARE
OMBUDSMAN.
34
1.
There
is
appropriated
from
the
general
fund
of
the
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state
to
the
office
of
long-term
care
ombudsman
for
the
fiscal
1
year
beginning
July
1,
2021,
and
ending
June
30,
2022,
in
2
addition
to
any
other
funds
appropriated
from
the
general
3
fund
of
the
state
to,
and
in
addition
to
any
other
full-time
4
equivalent
positions
authorized
for,
the
office
of
long-term
5
care
ombudsman
for
the
same
purpose,
the
following
amount,
or
6
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
7
designated:
8
For
the
purposes
of
the
Medicaid
managed
care
ombudsman
9
program
including
for
salaries,
support,
administration,
10
maintenance,
and
miscellaneous
purposes,
and
for
not
more
than
11
the
following
full-time
equivalent
positions:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
300,000
13
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
2.50
14
2.
The
funding
appropriated
and
the
full-time
equivalent
15
positions
authorized
under
this
section
are
in
addition
to
any
16
other
funds
appropriated
from
the
general
fund
of
the
state
and
17
actually
expended,
and
any
other
full-time
equivalent
positions
18
authorized
and
actually
filled
as
of
July
1,
2021,
for
the
19
Medicaid
managed
care
ombudsman
program.
20
3.
Any
funds
appropriated
to
and
any
full-time
equivalent
21
positions
authorized
for
the
office
of
long-term
care
ombudsman
22
for
the
Medicaid
managed
care
ombudsman
program
for
the
fiscal
23
year
beginning
July
1,
2021,
and
ending
June
30,
2022,
shall
24
be
used
exclusively
for
the
Medicaid
managed
care
ombudsman
25
program.
26
4.
The
additional
full-time
equivalent
positions
authorized
27
in
this
section
for
the
Medicaid
managed
care
ombudsman
program
28
shall
be
filled
no
later
than
September
1,
2021.
29
5.
The
office
of
long-term
care
ombudsman
shall
include
30
in
the
Medicaid
managed
care
ombudsman
program
report,
on
a
31
quarterly
basis,
the
disposition
of
resources
for
the
Medicaid
32
managed
care
ombudsman
program
including
actual
expenditures
33
and
a
full-time
equivalent
positions
summary
for
the
prior
34
quarter.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
Medicaid
program.
4
Division
I
of
the
bill
requires
the
department
of
human
5
services
(DHS)
to
adopt
administrative
rules
to
ensure
that
6
services
are
provided
to
the
Medicaid
long-term
services
and
7
supports
population
in
a
conflict-free
manner.
Specifically,
8
the
bill
requires
that
case
management
services
shall
be
9
provided
by
independent
providers
and
that
the
supports
10
intensity
scale
assessments
are
performed
by
independent
11
assessors.
12
Division
II
of
the
bill
requires
DHS
to
contractually
13
require
any
Medicaid
managed
care
organization
(MCO)
to
14
collaborate
with
the
department
and
stakeholders
to
develop
and
15
administer
a
workforce
recruitment,
retention,
and
training
16
program
to
provide
adequate
access
to
appropriate
services,
17
including
but
not
limited
to
services
to
older
Iowans.
The
18
department
shall
ensure
that
any
such
program
developed
is
19
administered
in
a
coordinated
and
collaborative
manner
across
20
all
contracting
MCOs
and
shall
require
the
MCOs
to
submit
21
quarterly
progress
and
outcomes
reports
to
the
department.
22
Division
III
of
the
bill
establishes
an
external
independent
23
third-party
review
process
for
Medicaid
providers
for
the
24
review
of
final
adverse
determinations
of
the
MCOs’
internal
25
appeal
processes.
The
division
provides
that
a
final
decision
26
of
an
external
independent
third-party
reviewer
may
be
reviewed
27
in
a
contested
case
proceeding
pursuant
to
Code
chapter
17A,
28
and
ultimately
is
subject
to
judicial
review.
29
Division
IV
of
the
bill
relates
to
member
disenrollment
for
30
good
cause
during
the
12
months
of
closed
enrollment
between
31
open
enrollment
periods.
Currently,
a
member
may
request
32
disenrollment
for
good
cause
initially
through
their
MCO’s
33
grievance
process,
which
may
take
up
to
30
to
45
days
to
34
process.
The
bill
requires
DHS
to
adopt
administrative
rules
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and
contractually
require
all
Medicaid
MCOs
to
issue
a
decision
1
in
response
to
a
member’s
request
for
disenrollment
for
good
2
cause
within
10
days
of
the
date
the
member
submits
the
request
3
to
the
MCO
utilizing
the
MCO’s
grievance
process.
4
Division
V
of
the
bill
requires
the
DHS
to
develop
5
uniform
authorization
criteria
for,
and
to
utilize
a
request
6
for
proposals
process
to
procure,
a
single
credentialing
7
verification
organization
to
be
utilized
in
credentialing
8
and
recredentialing
providers
for
the
Medicaid
managed
care
9
and
fee-for-service
payment
and
delivery
systems.
The
bill
10
requires
DHS
to
contractually
require
all
Medicaid
managed
11
care
organizations
(MCOs)
to
apply
the
uniform
authorization
12
criteria
and
to
accept
verified
information
from
the
single
13
credentialing
verification
organization
procured
by
the
14
state,
and
to
contractually
prohibit
the
MCOs
from
requiring
15
additional
credentialing
information
from
a
provider
in
order
16
to
participate
in
the
Medicaid
managed
care
organization’s
17
provider
network.
18
Division
VI
of
the
bill
relates
to
the
office
of
long-term
19
care
ombudsman
(OLTCO)
and
the
Medicaid
managed
care
ombudsman
20
program
(MCOP).
21
For
fiscal
year
2021-2022,
the
bill
appropriates
$300,000
22
from
the
general
fund
of
the
state,
in
addition
to
any
other
23
funds
appropriated
from
the
general
fund
of
the
state
to,
24
and
authorizes
2.50
FTEs
in
addition
to
any
other
full-time
25
equivalent
(FTE)
positions
authorized
for,
the
OLTCO
for
the
26
purposes
of
the
MCOP.
The
funding
appropriated
and
the
FTE
27
positions
authorized
under
the
bill
are
in
addition
to
any
28
other
funds
appropriated
from
the
general
fund
of
the
state
and
29
actually
expended,
and
any
other
FTE
positions
authorized
and
30
actually
filled
as
of
July
1,
2021,
for
the
MCOP.
31
The
bill
requires
that
any
funds
appropriated
to
and
any
32
full-time
equivalent
positions
authorized
for
the
OLTCO
for
the
33
MCOP
for
fiscal
year
2021-2022
shall
be
used
exclusively
for
34
the
MCOP.
The
additional
FTE
positions
authorized
in
the
bill
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for
the
MCOP
shall
be
filled
no
later
than
September
1,
2021.
1
The
bill
requires
the
OLTCO
to
include
in
the
MCOP
report,
on
2
a
quarterly
basis,
the
disposition
of
resources
for
the
MCOP
3
including
expenditures
and
a
full-time
equivalent
positions
4
summary
for
the
prior
quarter.
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