Bill Text: IA SF478 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the provision of supported community living services under Medicaid home and community-based services waivers, and including effective date and retroactive applicability provisions. (Formerly SF 316.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-03-31 - Referred to Human Resources. S.J. 838. [SF478 Detail]
Download: Iowa-2017-SF478-Introduced.html
Senate File 478 - Introduced SENATE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 316) A BILL FOR 1 An Act relating to the provision of supported community living 2 services under Medicaid home and community=based services 3 waivers, and including effective date and retroactive 4 applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2426SV (2) 87 pf/nh PAG LIN 1 1 Section 1. MEDICAID HOME AND COMMUNITY=BASED SERVICES 1 2 WAIVERS ==== SUPPORTED COMMUNITY LIVING SERVICES IN HOME OF 1 3 FAMILY MEMBER OR PERSON LEGALLY RESPONSIBLE FOR THE MEMBER ==== 1 4 REIMBURSEMENT. 1 5 1. Beginning March 1, 2017, the department of human services 1 6 shall make supported community living services available at a 1 7 daily rate to members living in the home of a family member 1 8 or of a person legally responsible for the member, who is the 1 9 provider of the community living services. 1 10 2. The department shall ensure that the provider meets the 1 11 provider qualifications specified for the service provided, 1 12 that there is a properly executed provider agreement, and that 1 13 the family member or person legally responsible for the member 1 14 has a unique ability to meet the needs of the member. 1 15 3. The department shall ensure that the services provided 1 16 by a person who is legally responsible for the member are 1 17 deemed extraordinary care and that the provision of care by 1 18 the legally responsible person is in the best interest of the 1 19 member. 1 20 4. For the purposes of this section, "family member" 1 21 includes a person related to the member by consanguinity or 1 22 affinity, including but not limited to a sibling of the member 1 23 or a parent of an adult member; "a person legally responsible 1 24 for the member" includes a parent of a member who is a minor 1 25 or the spouse of a member; and "extraordinary care" means care 1 26 exceeding the range of activities that a legally responsible 1 27 individual would ordinarily perform in the household on behalf 1 28 of a person without a disability or chronic illness of the 1 29 same age, and which care is necessary to ensure the health and 1 30 welfare of the member and to avoid institutionalization. 1 31 5. A family member or person legally responsible for the 1 32 member in whose home the member lives and who is providing 1 33 supported community living services under an exception to 1 34 policy on or before the effective date of this Act, shall 1 35 be allowed to continue to provide the services and to be 2 1 reimbursed at the daily rate in effect on the effective date of 2 2 this Act until such time as the family member or person legally 2 3 responsible for the member transitions to being a supported 2 4 community living services provider in accordance with this Act. 2 5 6. The department shall amend any Medicaid managed care 2 6 contract, shall amend or adopt administrative rules pursuant to 2 7 chapter 17A as necessary, and shall seek any federal approval 2 8 necessary to amend home and community=based services waivers to 2 9 comply with this section, effective March 1, 2017. 2 10 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 11 immediate importance, takes effect upon enactment. 2 12 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 2 13 retroactively to March 1, 2017. 2 14 EXPLANATION 2 15 The inclusion of this explanation does not constitute agreement with 2 16 the explanation's substance by the members of the general assembly. 2 17 This bill directs the department of human services, 2 18 beginning March 1, 2017, to make available under Medicaid 2 19 home and community=based services waivers the provision 2 20 of and a daily rate reimbursement for supported community 2 21 living services in the home of a family member or of a person 2 22 legally responsible for the member, who is the provider of the 2 23 community living services. 2 24 The department of human services shall ensure that the 2 25 provider meets the provider qualifications specified for the 2 26 service provided, that there is a properly executed provider 2 27 agreement, and that the family member or person legally 2 28 responsible for the member has a unique ability to meet the 2 29 needs of the member. The department of human services shall 2 30 also ensure that the services provided by a person who is 2 31 legally responsible for the member are deemed extraordinary 2 32 care and that the provision of care by the legally responsible 2 33 person is in the best interest of the member. 2 34 The bill defines "family member", "a person legally 2 35 responsible for the member", and "extraordinary care". 3 1 The bill also provides that a family member or person legally 3 2 responsible for the member in whose home the member lives and 3 3 who is providing supported community living services under an 3 4 exception to policy on or before the effective date of the 3 5 bill, shall be allowed to continue to provide the services and 3 6 to be reimbursed at the daily rate in effect on the effective 3 7 date of the bill until such time as the family member or person 3 8 legally responsible for the member transitions to being a 3 9 supported community living services provider in accordance with 3 10 the bill. 3 11 The department of human services shall amend any Medicaid 3 12 managed care contract, shall amend or adopt any administrative 3 13 rules as necessary, and shall seek any federal approval 3 14 necessary to amend existing Medicaid home and community=based 3 15 services waivers to comply with the bill effective March 1, 3 16 2017. 3 17 The bill takes effect upon enactment and is retroactively 3 18 applicable to March 1, 2017. 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