General Assembly: 83 (2010 Regular GA) - Chapter 1093 - Medicaid and criminal restitution — payments


Published: 2010-03-22

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377 LAWS OF THE EIGHTY-THIRD G.A., 2010 SESSION CH. 1093

a. The department of education. b. Area education agencies. c. The Iowa association of school boards. d. The Iowa state education association. e. The school administrators of Iowa. f. Accredited nonpublic schools. g. A parent or guardian of a child receiving special education services. h. The chairpersons and ranking members of the senate and house standing committees

on education. 3. The task force shall submit its findings and recommendations in a report to the general

assembly by December 15, 2010.

Approved March 22, 2010

CHAPTER 1093 MEDICAID AND CRIMINAL RESTITUTION — PAYMENTS

H.F. 2307

AN ACT providing for restitution for Medicaid expenditures.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 249A.6A Restitution. If restitution is ordered by the court pursuant to section 910.2, and the victim is a recipient of

medical assistance for whom expenditures were made as a result of the offender’s criminal activities, restitution may be made to the medical assistance program in accordance with section 910.2.

Sec. 2. Section 910.2, Code 2009, is amended to read as follows: 910.2 Restitution or community service to be ordered by sentencing court. 1. In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict

upon which a judgment of conviction is rendered, the sentencing court shall order that restitution be made by each offender to the victims of the offender’s criminal activities, to the clerk of court for fines, penalties, surcharges, and, to the extent that the offender is reasonably able to pay, for crime victim assistance reimbursement, restitution to public agencies pursuant to section 321J.2, subsection 9, paragraph “b”, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, when applicable, or contribution to a local anticrime organization, or restitution to the medical assistance program pursuant to chapter 249A for expenditures paid on behalf of the victim resulting from the offender’s criminal activities. However, victims shall be paid in full before fines, penalties, and surcharges, crime victim compensation program reimbursement, public agencies, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expenses of a public defender, or contributions to a local anticrime organization, or the medical assistance program are paid. In structuring a plan of restitution, the court shall provide for payments in the following order of priority: victim, fines, penalties, and surcharges, crime victim compensation program reimbursement, public agencies, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, and contribution to a local anticrime organization, and the medical assistance program. 2. When the offender is not reasonably able to pay all or a part of the crime victim

compensation program reimbursement, public agency restitution, court costs including

CH. 1093 LAWS OF THE EIGHTY-THIRD G.A., 2010 SESSION 378

correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, or contribution to a local anticrime organization, or medical assistance program restitution, the court may require the offender in lieu of that portion of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, or contribution to a local anticrime organization, or medical assistance program restitution for which the offender is not reasonably able to pay, to perform a needed public service for a governmental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community. When community service is ordered, the court shall set a specific number of hours of service to be performed by the offender which, for payment of court-appointed attorney fees ordered pursuant to section 815.9, including the expenses of a public defender, shall be approximately equivalent in value to those costs. The judicial district department of correctional services shall provide for the assignment of the offender to a public agency or private nonprofit agency to perform the required service.

Approved March 22, 2010

CHAPTER 1094 STROKE TRIAGE SYSTEM AND REGISTRY

H.F. 2402

AN ACT relating to the development of a plan for a stroke triage system and registry.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. STROKE TRIAGE SYSTEM AND REGISTRY — PLAN. The department of public health, in cooperation with the Iowa healthcare collaborative as defined in section 135.40, and the American heart association, shall develop a plan to implement a stroke triage system and registry. In developing the plan, consideration shall be given to inclusion in the stroke triage system of facilities outside the state that are the closest and most appropriate to provide stroke care to Iowans residing along the state’s borders. The plan shall be submitted to the general assembly no later than January 15, 2011.

Approved March 22, 2010

CHAPTER 1095 U.S.S. IOWA NAVAL MUSEUM

H.F. 2406

ANACT requiring the department of veterans affairs to promote and support the preservation of the U.S.S. Iowa as a naval museum.

Be It Enacted by the General Assembly of the State of Iowa: