Bill Text: IA SF2320 | 2013-2014 | 85th General Assembly | Enrolled
Bill Title: A bill for an act relating to providers of medical assistance program consumer-directed attendant care and consumer choices option services, including effective date and retroactive applicability provisions. (Formerly SF 2066.) Effective 4-3-14.
Spectrum: Committee Bill
Status: (Passed) 2014-04-03 - Signed by Governor. S.J. 720. [SF2320 Detail]
Download: Iowa-2013-SF2320-Enrolled.html
Senate
File
2320
AN
ACT
RELATING
TO
PROVIDERS
OF
MEDICAL
ASSISTANCE
PROGRAM
CONSUMER-DIRECTED
ATTENDANT
CARE
AND
CONSUMER
CHOICES
OPTION
SERVICES,
INCLUDING
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
MEDICAL
ASSISTANCE
PROGRAM
——
PROVIDERS
OF
CONSUMER-DIRECTED
ATTENDANT
CARE
AND
CONSUMER
CHOICES
OPTION
SERVICES.
1.
a.
The
department
of
human
services
shall
adopt
rules
pursuant
to
chapter
17A
to
provide
for
all
of
the
following
regarding
providers
of
medical
assistance
program
consumer-directed
attendant
care
and
consumer
choices
option
services:
(1)
That
an
individual
who
serves
as
a
member’s
legal
representative
and
provides
services
to
the
member
under
a
home
and
community-based
services
waiver
consumer-directed
attendant
care
agreement
or
under
a
community
choices
option
employment
agreement
in
effect
on
or
after
December
31,
2013,
may
continue
to
act
as
a
provider
under
the
agreement
and
payment
to
such
Senate
File
2320,
p.
2
provider
is
not
considered
funds
incorrectly
paid
under
the
medical
assistance
program.
(2)
Beginning
July
1,
2016,
the
department
may
require
services
through
the
consumer-directed
attendant
care
option
to
be
provided
through
an
agency
but
shall
retain
the
consumer
choices
option
for
those
individuals
able
and
desiring
to
self-direct
services.
If
the
department
does
require
services
through
the
consumer-directed
attendant
care
option
to
be
provided
through
an
agency
beginning
July
1,
2016,
an
individual
providing
services
to
a
member
under
a
home
and
community-based
services
consumer-directed
attendant
care
agreement
in
effect
on
June
30,
2016,
may
continue
to
act
as
an
individual
provider
under
the
agreement
and
payment
to
such
provider
is
not
considered
funds
incorrectly
paid
under
the
medical
assistance
program.
b.
That
if
the
legal
representative
of
a
member
also
acts
as
a
provider
under
a
consumer-directed
attendant
care
agreement
or
under
a
community
choices
option
employment
agreement,
the
agreement
shall
include
all
of
the
following
reasonable
safeguards:
(1)
That
the
payment
rate
for
the
legal
representative
acting
as
a
provider
is
fair
and
reasonable
based
upon
the
skill
level
of
the
provider
and
may
not
exceed
the
median
statewide
reimbursement
rate
for
the
service
unless
the
higher
rate
receives
prior
approval
from
the
department.
(2)
That
the
legal
representative
acting
as
a
provider
is
not
paid
for
more
than
forty
hours
of
service
per
week.
(3)
A
contingency
plan
for
provision
of
services
provided
by
the
legal
representative
acting
as
a
provider
in
the
event
the
legal
representative
is
unable
to
provide
the
services
due
to
illness
or
other
unexpected
event.
c.
For
the
purposes
of
this
subsection,
“legal
representative”
means
a
person,
including
an
attorney,
who
is
authorized
by
law
to
act
on
behalf
of
the
medical
assistance
program
member.
“Legal
representative”
does
not
include
the
spouse
of
a
member
or
the
parent
or
stepparent
of
a
member
aged
seventeen
or
under.
2.
The
department
of
human
services
shall
amend
the
medical
assistance
home
and
community-based
services
waivers
to
replace
agency-provided
consumer-directed
attendant
care
services
with
personal
care
services.
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Senate
File
2320,
p.
3
Sec.
3.
RETROACTIVE
APPLICABILITY.
This
Act
applies
retroactively
to
December
31,
2013.
______________________________
PAM
JOCHUM
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2320,
Eighty-fifth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2014
______________________________
TERRY
E.
BRANSTAD
Governor
