Bill Text: IA SSB1227 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to child, adult, and family services under the purview of the department of human services, making penalties applicable, and including effective date provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2013-03-06 - Voted - Human Resources. [SSB1227 Detail]
Download: Iowa-2013-SSB1227-Introduced.html
Senate
Study
Bill
1227
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
relating
to
child,
adult,
and
family
services
under
1
the
purview
of
the
department
of
human
services,
making
2
penalties
applicable,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1151XD
(8)
85
ad/nh
S.F.
_____
H.F.
_____
Section
1.
Section
225C.38,
subsection
1,
paragraph
c,
Code
1
2013,
is
amended
to
read
as
follows:
2
c.
Except
as
provided
in
section
225C.41
,
a
family
support
3
subsidy
for
a
fiscal
year
shall
be
in
an
amount
determined
by
4
the
department
in
consultation
with
the
comprehensive
family
5
support
council
created
in
section
225C.48
.
The
parent
or
6
legal
guardian
receiving
a
family
support
subsidy
may
elect
7
to
receive
a
payment
amount
which
is
less
than
the
amount
8
determined
in
accordance
with
this
paragraph.
9
Sec.
2.
Section
225C.42,
subsection
1,
Code
2013,
is
amended
10
to
read
as
follows:
11
1.
The
department
shall
conduct
an
annual
evaluation
of
12
the
family
support
subsidy
program
in
conjunction
with
the
13
comprehensive
family
support
council
and
shall
submit
the
14
evaluation
report
with
recommendations
to
the
governor
and
15
general
assembly.
The
report
shall
be
submitted
on
or
before
16
October
30
and
provide
an
evaluation
of
the
latest
completed
17
fiscal
year.
18
Sec.
3.
Section
225C.47,
subsection
5,
unnumbered
paragraph
19
1,
Code
2013,
is
amended
to
read
as
follows:
20
The
department
shall
design
the
program
in
consultation
with
21
the
comprehensive
family
support
council
created
in
section
22
225C.48
.
The
department
shall
adopt
rules
to
implement
the
23
program
which
provide
for
all
of
the
following:
24
Sec.
4.
Section
225C.49,
subsection
4,
Code
2013,
is
amended
25
to
read
as
follows:
26
4.
The
department
shall
designate
one
individual
whose
sole
27
duties
are
to
provide
central
coordination
of
the
programs
28
under
sections
225C.36
and
225C.47
and
to
work
with
the
29
comprehensive
family
support
council
to
oversee
development
and
30
implementation
of
the
programs.
31
Sec.
5.
Section
239B.5,
Code
2013,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
4.
a.
The
department
shall
implement
34
policies
and
procedures
as
necessary
to
comply
with
provisions
35
-1-
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1151XD
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85
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1/
7
S.F.
_____
H.F.
_____
of
the
federal
Middle
Class
Tax
Relief
and
Job
Creation
Act
1
of
2012,
Pub.
L.
No.
112-96,
to
prevent
assistance
provided
2
under
this
chapter
from
being
used
in
any
electronic
benefit
3
transfer
transaction
in
any
liquor
store;
any
casino,
gambling
4
casino,
or
gaming
establishment;
or
any
retail
establishment
5
which
provides
adult-oriented
entertainment
in
which
performers
6
disrobe
or
perform
in
an
unclothed
state
for
entertainment.
7
For
purposes
of
this
paragraph,
the
definitions
found
in
the
8
federal
Middle
Class
Tax
Relief
and
Job
Creation
Act
and
9
related
rules
and
statutes
apply.
10
b.
Unless
otherwise
precluded
by
federal
law
or
regulation,
11
policies
and
procedures
implemented
under
this
subsection
shall
12
at
a
minimum
impose
the
prohibition
described
in
paragraph
“a”
13
as
a
condition
for
continued
eligibility
for
assistance
under
14
this
chapter.
15
c.
The
department
may
implement
additional
measures
as
may
16
be
necessary
to
comply
with
federal
regulations
in
implementing
17
paragraph
“a”
.
18
d.
The
department
shall
adopt
rules
as
necessary
to
19
implement
this
subsection.
20
Sec.
6.
Section
239B.14,
subsection
1,
Code
2013,
is
amended
21
to
read
as
follows:
22
1.
a.
An
individual
who
obtains,
or
attempts
to
obtain,
23
or
aids
or
abets
an
individual
to
obtain,
by
means
of
a
24
willfully
false
statement
or
representation,
by
knowingly
25
failing
to
disclose
a
material
fact,
or
by
impersonation,
or
26
any
fraudulent
device,
any
assistance
or
other
benefits
under
27
this
chapter
to
which
the
individual
is
not
entitled,
commits
28
a
fraudulent
practice.
29
b.
An
individual
who
accesses
benefits
provided
under
30
this
chapter
in
violation
of
any
prohibition
imposed
by
the
31
department
pursuant
to
section
239B.5,
subsection
4,
commits
32
a
fraudulent
practice.
33
Sec.
7.
Section
249A.3,
subsection
1,
Code
2013,
is
amended
34
by
adding
the
following
new
paragraph:
35
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7
S.F.
_____
H.F.
_____
NEW
PARAGRAPH
.
v.
Is
an
individual
under
twenty-six
years
1
of
age
who
was
in
foster
care
under
the
responsibility
of
the
2
state
on
the
date
of
attaining
eighteen
years
of
age
or
such
3
higher
age
to
which
foster
care
is
provided
and
was
enrolled
4
in
medical
assistance
under
this
chapter
while
in
such
foster
5
care.
6
Sec.
8.
Section
249A.3,
subsection
2,
paragraph
a,
7
subparagraph
(9),
Code
2013,
is
amended
by
striking
the
8
subparagraph.
9
Sec.
9.
Section
249J.26,
subsection
2,
Code
2013,
is
amended
10
to
read
as
follows:
11
2.
This
chapter
is
repealed
October
December
31,
2013.
12
Sec.
10.
Section
514I.4,
subsection
5,
paragraph
a,
Code
13
2013,
is
amended
by
striking
the
paragraph.
14
Sec.
11.
Section
514I.5,
subsection
7,
paragraph
f,
Code
15
2013,
is
amended
to
read
as
follows:
16
f.
Review,
in
consultation
with
the
department,
and
take
17
necessary
steps
to
improve
interaction
between
the
program
and
18
other
public
and
private
programs
which
provide
services
to
the
19
population
of
eligible
children.
The
board,
in
consultation
20
with
the
department,
shall
also
develop
and
implement
a
plan
21
to
improve
the
medical
assistance
program
in
coordination
with
22
the
hawk-i
program,
including
but
not
limited
to
a
provision
to
23
coordinate
eligibility
between
the
medical
assistance
program
24
and
the
hawk-i
program,
and
to
provide
for
common
processes
25
and
procedures
under
both
programs
to
reduce
duplication
and
26
bureaucracy.
27
Sec.
12.
Section
514I.5,
subsection
8,
paragraphs
b
and
f,
28
Code
2013,
are
amended
by
striking
the
paragraphs.
29
Sec.
13.
Section
514I.7,
subsection
2,
paragraphs
a
and
g,
30
Code
2013,
are
amended
to
read
as
follows:
31
a.
Determine
individual
eligibility
for
program
enrollment
32
based
upon
review
of
completed
applications
and
supporting
33
documentation
using
policies
and
procedures
established
by
the
34
department
by
rule
.
The
administrative
contractor
shall
not
35
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_____
H.F.
_____
enroll
a
child
who
has
group
health
coverage
unless
expressly
1
authorized
to
do
so
by
a
department
rule
.
2
g.
Create
and
Utilize
the
department’s
eligibility
system
3
to
maintain
eligibility
files
that
are
compatible
with
the
4
data
system
of
the
department
with
pertinent
eligibility
5
determination
and
ongoing
enrollment
information
including
,
but
6
not
limited
to
,
data
regarding
beneficiaries,
enrollment
dates,
7
disenrollments,
and
annual
financial
redeterminations.
8
Sec.
14.
Section
514I.7,
subsection
2,
paragraphs
c,
d,
e,
9
f,
and
k,
Code
2013,
are
amended
by
striking
the
paragraphs.
10
Sec.
15.
Section
514I.8,
subsection
2,
paragraph
c,
Code
11
2013,
is
amended
to
read
as
follows:
12
c.
Is
a
member
of
a
family
whose
income
does
not
exceed
13
three
hundred
percent
of
the
federal
poverty
level,
as
defined
14
in
42
U.S.C.
§
9902(2),
including
any
revision
required
by
15
such
section,
and
in
accordance
with
the
federal
Children’s
16
Health
Insurance
Program
Reauthorization
Act
of
2009,
Pub.
L.
17
No.
111-3.
The
modified
adjusted
gross
income
methodology
18
prescribed
in
the
federal
Patient
Protection
and
Affordable
19
Care
Act,
Pub.
L.
No.
111-148,
shall
be
used
to
establish
the
20
family
income
for
program
eligibility
purposes.
21
Sec.
16.
Section
514I.8,
subsections
3
and
4,
Code
2013,
are
22
amended
to
read
as
follows:
23
3.
In
accordance
with
the
rules
adopted
by
the
board,
24
a
child
may
be
determined
to
be
presumptively
eligible
for
25
the
program
pending
a
final
eligibility
determination.
26
Following
final
determination
of
eligibility
by
the
27
administrative
contractor
,
a
child
shall
be
eligible
for
a
28
twelve-month
period.
At
the
end
of
the
twelve-month
period,
29
the
administrative
contractor
shall
conduct
a
review
of
the
30
circumstances
of
the
eligible
child’s
family
shall
be
conducted
31
to
establish
eligibility
and
cost
sharing
for
the
subsequent
32
twelve-month
period.
33
4.
Once
an
eligible
child
is
enrolled
in
a
plan,
the
34
eligible
child
shall
remain
enrolled
in
the
plan
unless
a
35
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85
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7
S.F.
_____
H.F.
_____
determination
is
made,
according
to
criteria
established
by
the
1
board,
that
the
eligible
child
should
be
allowed
to
enroll
in
2
another
qualified
child
health
plan
or
should
be
disenrolled.
3
An
an
enrollee
may
request
to
change
plans
within
ninety
days
4
of
initial
enrollment
for
any
reason
and
at
any
time
for
cause,
5
as
defined
in
42
C.F.R.
§
438.56(d)(2).
Otherwise,
an
enrollee
6
may
change
plan
enrollment
once
a
year
on
the
enrollee’s
7
anniversary
date.
8
Sec.
17.
Section
514I.8,
subsections
5
and
6,
Code
2013,
are
9
amended
by
striking
the
subsections.
10
Sec.
18.
Section
514I.9,
subsections
1
and
2,
Code
2013,
are
11
amended
by
striking
the
subsections.
12
Sec.
19.
REPEAL.
Section
225C.48,
Code
2013,
is
repealed.
13
Sec.
20.
EFFECTIVE
DATE.
The
following
provision
or
14
provisions
of
this
Act
take
effect
January
1,
2014:
15
1.
The
sections
of
this
Act
amending
section
249A.3.
16
EXPLANATION
17
This
bill
relates
to
child,
adult,
and
family
services
under
18
the
purview
of
the
department
of
human
services
by
eliminating
19
the
comprehensive
family
support
council,
amending
provisions
20
related
to
the
family
investment
program
by
prohibiting
the
use
21
of
assistance
in
an
electronic
benefit
transfer
transaction
22
in
certain
locations,
amending
provisions
related
to
medical
23
assistance
eligibility,
IowaCare,
and
the
healthy
and
well
kids
24
in
Iowa
program
(hawk-i),
and
ensuring
compliance
with
the
25
federal
Patient
Protection
and
Affordable
Care
Act.
26
The
bill
eliminates
the
comprehensive
family
support
council
27
and
strikes
references
to
the
council.
28
The
bill
directs
the
department
of
human
services
(DHS)
to
29
implement
policies
and
procedures
necessary
to
comply
with
the
30
federal
Middle
Class
Tax
Relief
and
Job
Creation
Act
of
2012,
31
to
prevent
family
investment
program
assistance
from
being
used
32
in
any
electronic
benefit
transfer
transaction
in
a
liquor
33
store;
a
casino,
gambling
casino,
or
gaming
establishment;
34
or
a
retail
establishment
that
provides
adult-oriented
35
-5-
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1151XD
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85
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5/
7
S.F.
_____
H.F.
_____
entertainment.
The
bill
also
provides
that
an
individual
1
accessing
benefits
through
the
family
investment
program
in
a
2
way
prohibited
under
the
policies
and
procedures
implemented
by
3
the
department
commits
a
fraudulent
practice.
4
The
bill
extends
the
repeal
date
of
the
IowaCare
program
from
5
October
31,
2013,
to
December
31,
2013.
6
The
bill
amends
provisions
relating
to
the
medical
7
assistance
program
and
hawk-i
to
comply
with
provisions
of
the
8
federal
Patient
Protection
and
Affordable
Care
Act.
9
The
bill
adds
an
additional
eligibility
category
for
10
medical
assistance
for
an
individual
under
the
age
of
26
who
11
aged
out
of
the
foster
care
system
and
was
enrolled
in
the
12
medical
assistance
program
while
in
foster
care.
The
bill
13
also
eliminates
language
regarding
eligibility
for
medical
14
assistance
for
an
individual
who
is
under
the
age
of
21
who
15
aged
out
of
the
foster
care
system
and
has
an
income
of
less
16
than
200
percent
of
the
poverty
guidelines.
These
provisions
17
are
effective
January
1,
2014.
18
The
bill
amends
provisions
of
hawk-i.
The
bill
eliminates
19
the
requirement
that
DHS
develop
a
joint
application
form
for
20
hawk-i
and
the
medical
assistance
program.
The
bill
deletes
21
the
requirement
that
the
hawk-i
board
and
DHS
adopt
rules
22
addressing
the
hawk-i
application
form
and
standards
for
23
program
eligibility.
The
bill
also
eliminates
the
requirement
24
that
the
hawk-i
board
and
DHS
develop
and
implement
a
plan
to
25
improve
coordination
between
the
hawk-i
program
and
the
medical
26
assistance
program.
27
The
bill
amends
the
role
of
the
administrative
contractor
28
for
hawk-i.
The
bill
provides
that
the
administrative
29
contractor
shall
determine
eligibility
using
policies
and
30
procedures
established
by
rule
rather
than
based
on
a
review
31
of
the
applications.
The
administrative
contractor
must
32
also
maintain
eligibility
files
with
relevant
eligibility
33
determination
and
ongoing
enrollment
information.
The
bill
34
also
eliminates
the
following
duties
of
the
administrative
35
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85
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6/
7
S.F.
_____
H.F.
_____
contractor:
to
forward
names
of
children
that
may
be
eligible
1
for
medical
assistance
to
DHS;
monitor
and
assess
medical
and
2
dental
care
provided
and
monitor
complaints
and
grievances;
3
verify
and
forward
participating
insurers’
payment
requests
4
to
DHS;
develop
and
issue
approval,
denial,
and
cancellation
5
notifications
to
applicants
and
enrollees;
and
receive
6
completed
applications
and
verifications
at
a
central
location.
7
The
bill
also
eliminates
the
administrative
contractor
as
the
8
person
responsible
for
conducting
a
review
of
the
circumstances
9
of
the
child’s
family
to
establish
eligibility
and
cost-sharing
10
in
subsequent
eligibility
periods.
11
The
bill
requires
the
use
of
the
modified
adjusted
12
gross
income
methodology
in
the
federal
Patient
Protection
13
and
Affordable
Care
Act
to
establish
the
family
income
in
14
determining
eligibility
for
hawk-i.
15
The
bill
adds
that
an
enrollee
of
the
program
may
request
to
16
change
plans
within
the
initial
90-day
period
of
enrollment
for
17
any
reason
and
at
any
time
for
cause,
as
identified
in
federal
18
regulations.
19
The
bill
eliminates
the
requirement
that
the
hawk-i
board
20
study
and
make
recommendations
regarding
the
level
of
family
21
income
appropriate
for
application
to
the
program.
The
bill
22
also
eliminates
the
requirement
that
the
board
and
the
council
23
on
human
services
try
to
coordinate
the
administration
of
24
hawk-i
and
the
medical
assistance
program.
25
The
bill
eliminates
provisions
relating
to
benefits
provided
26
prior
to
July
1,
1999.
27
-7-
LSB
1151XD
(8)
85
ad/nh
7/
7
