SF 538 (LSB 1756XS (3) 91)

SENATE FILE 538

BY  CELSI

A BILL FOR

An Act establishing a working group on nursing home Medicaid payment recovery following the closure or sale of a nursing home.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  WORKING GROUP ON NURSING HOME MEDICAID PAYMENT RECOVERY.
   1.  The department of health and human services shall convene a working group to review the discrepancy between nursing home residents who are subject to Medicaid estate recovery after receiving care from a nursing home, and nursing homes that are not subjected to Medicaid payment recovery following the closure or sale of a nursing home.
   2.  a.  The working group shall include all of the following members:
   (1)  The director of health and human services, or the director’s designee.
   (2)  The director of the Medicaid fraud control unit, or the director’s designee.
   (3)  At least three individuals with experience navigating the Medicaid estate recovery process for nursing home residents.
   (4)  A co-owner of the Hale group.
   b.  The working group shall also include four members of the general assembly serving as ex officio, nonvoting members, one representative to be appointed by the speaker of the house of representatives, one representative to be appointed by the minority leader of the house of representatives, one senator to be appointed by the president of the senate after consultation with the majority leader of the senate, and one senator to be appointed by the minority leader of the senate.
   3.  The department of health and human services shall provide administrative support to the working group. The director of health and human services, or the director’s designee, shall serve as chairperson of the working group, and shall schedule meetings of the working group as necessary to complete the work of the working group.
   4.  The department of health and human services shall submit a report to the general assembly on or before February 28, 2026, containing recommendations to address the potential issues involved with recovering a portion of Medicaid payments from a nursing home following the closure or sale of a nursing home, and any proposed legislation to provide public accountability following closure or sale of a nursing home.
   5.  The working group shall dissolve upon submission of the report to the general assembly and the director of health and human services, but shall dissolve no later than March 1, 2026.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes a working group on nursing home Medicaid payment recovery (working group). The working group shall review the discrepancy between nursing home residents who are subject to Medicaid estate recovery after receiving care from a nursing home, and nursing homes that are not subjected to Medicaid payment recovery following closure or sale of a nursing home. The working group shall consist of members as detailed in the bill. The department of health and human services shall provide administrative support for the working group and the director of health and human services, or the director’s designee, shall serve as the chairperson for the working group. The working group shall submit a report to the general assembly on or before February 28, 2026, containing recommendations to address potential issues with recovering a portion of Medicaid payments following the sale or closure of a nursing home, and any legislation to provide public accountability following sale or closure of a nursing home. The working group shall dissolve upon the submission of the report to the general assembly and the director of health and human services no later than March 1, 2026.