Senate File 2369 - Reprinted SENATE FILE 2369 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 3196) (As Amended and Passed by the Senate March 12, 2018 ) 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 SF 2369 (2) 87 hb/rh/jh

S.F. 2369 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- SF 2369 (2) 87 hb/rh/jh 1/ 4

S.F. 2369 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 custodial 10 parent’s county of residence, as defined in section 331.394, 11 by filing verified claims which are payable as are other 12 claims against the county. A detailed statement of the facts 13 upon which a claim is based shall accompany the claim. Any 14 dispute involving the legal settlement of a child for which the 15 court has ordered payment under this section shall be settled 16 pursuant to 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 28E 20 agreement, or operated by a private juvenile shelter care home. 21 If the actual and allowable costs of a child’s shelter care 22 placement exceed the amount the department is authorized to 23 pay in accordance with law and administrative rule, the unpaid 24 costs may be recovered from the child’s custodial parent’s 25 county of legal settlement residence . However, the maximum 26 amount of the unpaid costs which may be recovered under this 27 subsection is limited to the difference between the amount 28 the department is authorized to pay and the statewide average 29 of the actual and allowable rates in effect in May of the 30 preceding fiscal year for reimbursement of juvenile shelter 31 care homes. In no case shall the home be reimbursed for more 32 than the home’s actual and allowable costs. The unpaid costs 33 are payable pursuant to filing of verified claims against 34 the child’s custodial parent’s county of legal settlement 35 -2- SF 2369 (2) 87 hb/rh/jh 2/ 4

S.F. 2369 residence . A detailed statement of the facts upon which a 1 claim is based shall accompany the claim. Any dispute between 2 counties arising from filings of claims pursuant to this 3 subsection shall be settled in the manner provided to determine 4 residency in section 331.394 . 5 Sec. 7. Section 252.24, Code 2018, is amended to read as 6 follows: 7 252.24 County of settlement residence liable —— exception. 8 1. The county where the settlement is of residence, as 9 defined in section 331.394, shall be liable to the county 10 granting assistance for all reasonable charges and expenses 11 incurred in the assistance and care of a poor person. 12 2. When assistance is furnished by any governmental agency 13 of the county, township, or city, the assistance shall be 14 deemed to have been furnished by the county in which the 15 agency is located and the agency furnishing the assistance 16 shall certify the correctness of the costs of the assistance 17 to the board of supervisors of that county and that county 18 shall collect from the county of the person’s settlement county 19 of residence . The amounts collected by the county where the 20 agency is located shall be paid to the agency furnishing the 21 assistance. This statute applies to services and supplies 22 furnished as provided in section 139A.18 . 23 3. Notwithstanding subsection 2 , if This section shall 24 apply to assistance or maintenance is provided by a county 25 through the county’s mental health and disability services 26 system implemented under chapter 331 , liability for the 27 assistance and maintenance is the responsibility of the 28 person’s county of residence . 29 Sec. 8. Section 331.502, subsection 14, Code 2018, is 30 amended by striking the subsection. 31 Sec. 9. Section 331.653, subsection 25, Code 2018, is 32 amended by striking the subsection. 33 Sec. 10. Section 347.16, subsection 3, Code 2018, is amended 34 to read as follows: 35 -3- SF 2369 (2) 87 hb/rh/jh 3/ 4

S.F. 2369 3. Care and treatment may be furnished in a county public 1 hospital to any sick or injured person who has legal settlement 2 residence outside the county which maintains the hospital, 3 subject to such policies and rules as the board of hospital 4 trustees may adopt. If care and treatment is provided under 5 this subsection to a person who is indigent, the county in 6 which that person has legal settlement person’s county of 7 residence, as defined in section 331.394, shall pay to the 8 board of hospital trustees the fair and reasonable cost of 9 the care and treatment provided by the county public hospital 10 unless the cost of the indigent person’s care and treatment is 11 otherwise provided for. If care and treatment is provided to 12 an indigent person under this subsection , the county public 13 hospital furnishing the care and treatment shall immediately 14 notify, by regular mail, the auditor of the county of legal 15 settlement residence of the indigent person of the provision 16 of care and treatment to the indigent person . However, if the 17 including care and treatment is provided by a county through 18 the county’s mental health and disability services system 19 implemented under chapter 331 , liability for the assistance 20 and maintenance is the responsibility of the person’s county 21 of residence . 22 Sec. 11. REPEAL. Sections 252.16, 252.17, 252.18, 252.22, 23 and 252.23, Code 2018, are repealed. 24 -4- SF 2369 (2) 87 hb/rh/jh 4/ 4