General Assembly: 80 (2003 Regular GA) - Chapter 62 - Human services programs and services — miscellaneous provisions


Published: 2003-04-24

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108LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 61

for proration of federal funds received in excess of the amount appropriated in this section, the departmentmay expend up to twopercent of eligible program income received for the pur- poses of administration.

Sec. 2. EFFECTIVE AND RETROACTIVE APPLICABILITY DATE PROVISIONS. This Act, being deemed of immediate importance, takes effect upon enactment and is retroactively applicable to July 1, 2002.

Approved April 24, 2003

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CH. 62CH. 62

CHAPTER 62

HUMAN SERVICES PROGRAMS AND SERVICES — MISCELLANEOUS PROVISIONS

H.F. 489

ANACT relating to programs and services under the purview of the department of human ser- vices, and providing for retroactive applicability and effective dates.

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

Section 1. Section 235A.13, subsection 8, Code 2003, is amended to read as follows: 8. “Multidisciplinary team”means a group of individuals who possess knowledge and skills

related to the diagnosis, assessment, and disposition of child abuse cases and who are profes- sionals practicing in the disciplines of medicine, nursing, public health, substance abuse, do- mestic violence, mental health, social work, child development, education, law, juvenile probation, or law enforcement, or a group established pursuant to section 235B.1, subsection 1.

Sec. 2. Section 249A.3, subsection 2, paragraph a, Code 2003, is amended to read as fol- lows: a. As allowed under 42 U.S.C. § 1396a(a)(10)(A)(ii)(XIII), individuals with disabilities, who

are less than sixty-five years of age, who are members of families whose income is less than two hundred fifty percent of the most recently revised official poverty line guidelines pub- lished by the federal office ofmanagement and budgetUnited States department of health and human services for the family,whohave earned income andwhoare eligible formedical assis- tance or additional medical assistance under this section if earnings are disregarded. As al- lowed by 42 U.S.C. § 1396a(r)(2), unearned income shall also be disregarded in determining whether an individual is eligible for assistance under this paragraph. For the purposes of de- termining the amount of an individual’s resources under this paragraph and as allowed by 42 U.S.C. § 1396a(r)(2), a maximum of ten thousand dollars of available resources shall be disre- garded and any additional resources held in a retirement account, in a medical savings ac- count, or in any other account approved under rules adopted by the department shall also be disregarded. Individuals eligible for assistance under this paragraph, whose individual in- come exceeds one hundred fifty percent of the official poverty line guidelines published by the federal office of management and budget United States department of health and human ser- vices for an individual, shall pay a premium. The amount of the premium shall be based on a sliding fee schedule adopted by rule of the department and shall be based on a percentage

109 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 62

of the individual’s income. The maximum premium payable by an individual whose income exceeds one hundred fifty percent of the official poverty line guidelines shall be commensu- rate with premiums charged for private the cost of state employees’ group health insurance in this state. This paragraph shall be implemented no later than March 1, 2000.

Sec. 3. Section 249A.5, subsection 2, paragraph b, Code 2003, is amended to read as fol- lows: b. If the collection of all or part of a debt is waived pursuant to subsection 2, paragraph “a”,

the amountwaived shall be a debt due from the estate of the recipient’s surviving spouse, child who is blind or has a disability, or the recipient of a hardship waiver under subsection 2, para- graph “a”, subparagraph (2), upon the death of such spouse, child, or recipient, or due from a surviving child, who was under twenty-one years of age at the time of the recipient’s death, upon the child reaching age twenty-one, to the extent the recipient’s estate is received by such spouse, child, or recipient to the extent the medical assistance recipient’s estate was received by the following persons, the amount waived shall be a debt due from one of the following, as applicable: (1) The estate of the medical assistance recipient’s surviving spouse or child who is blind

or has a disability, upon the death of such spouse or child. (2) A surviving childwhowasunder twenty-one years of age at the timeof themedical assis-

tance recipient’s death, upon the child reaching the age of twenty-one or from the estate of the child if the child dies prior to reaching the age of twenty-one. (3) The estate of the recipient of the undue hardshipwaiver, at the time of death of the hard-

ship waiver recipient, or from the hardship waiver recipient when the hardship no longer ex- ists.

Sec. 4. Section 249A.12, subsection 4, Code 2003, is amended by adding the following new paragraph: NEW PARAGRAPH. c. Effective February 1, 2002, the state shall be responsible for all of

the nonfederal share of the costs of intermediate care facility for persons withmental retarda- tion services provided under medical assistance attributable to the assessment fee for inter- mediate care facilities for individuals with mental retardation, imposed pursuant to section 249A.21. Notwithstanding subsection 2, effective February 1, 2003, a county is not required to reimburse thedepartment and shall not bebilled for thenonfederal shareof the costs of such services attributable to the assessment fee.

Sec. 5. NEW SECTION. 249A.26A STATE AND COUNTY PARTICIPATION IN FUND- ING FOR REHABILITATION SERVICES FOR PERSONS WITH CHRONIC MENTAL ILL- NESS. The county of legal settlement shall pay for the nonfederal share of the cost of rehabilitation

services provided under the medical assistance program for persons with chronic mental ill- ness, except that the state shall pay for the nonfederal share of such costs if the person does not have a county of legal settlement.

Sec. 6. Section 252A.5, subsection 1, Code 2003, is amended to read as follows: 1. Where the petitioner and the respondent are residents of or domiciled or found in this

state or where this statemay exercise personal jurisdiction over a nonresident respondent un- der section 252K.201.

Sec. 7. Section 252A.6, subsection 1, Code 2003, is amended to read as follows: 1. A proceeding under this chapter shall be commenced by filing a verified petition in the

court in equity in the county where the dependent resides or is domiciled, showing or if the dependent does not reside in or is not domiciled in this state, where the petitioner or respon- dent resides, or where public assistance has been provided for the dependent. The petition shall show the name, age, residence, and circumstances of the dependent, alleging that the

110LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 62

dependent is in need of and is entitled to support from the respondent, giving the respondent’s name, age, residence, and circumstances, and praying that the respondent be compelled to furnish such support. The petitioner may include in or attach to the petition any information which may help in locating or identifying the respondent including, but without limitation by enumeration, a photographof the respondent, a description of any distinguishingmarks of the respondent’s person, other names and aliases by which the respondent has been or is known, the name of the respondent’s employer, the respondent’s fingerprints, or social security num- ber.

Sec. 8. RETROACTIVE APPLICABILITY AND EFFECTIVE DATE. Section 4 of this Act, amending section 249A.12, subsection 4, relating to payment of costs for intermediate care facilities for persons with mental retardation, is retroactively applicable to February 1, 2002, and takes effect upon enactment.

Approved April 24, 2003

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CH. 63CH. 63

CHAPTER 63

DEER AND ELK CHRONIC WASTING DISEASE

H.F. 509

AN ACT relating to deer and elk chronic wasting disease by establishing a task force and re- quiring departmental cooperation in the implementation of a chronic wasting disease ad- ministrative strategy, and providing an effective date.

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

Section 1. CHRONIC WASTING DISEASE — DEFINITIONS. As used in this Act, unless the context otherwise requires: 1. “Chronicwasting disease”means the animal disease afflictingdeer and elk that is a trans-

missible disease of the nervous system resulting in distinctive lesions in the brain and that be- longs to the group of diseases that is known as transmissible spongiform encephalopathies. 2. “Task force”means the chronicwasting disease task force created in section 2 of this Act.

Sec. 2. CHRONIC WASTING DISEASE — TASK FORCE. 1. A chronic wasting disease task force is created to develop a chronic wasting disease ad-

ministrative strategy as provided in this section. The members shall be as follows: a. Three members shall be the following state officials: (1) The secretary of agriculture, or a designee other than the state veterinarian. (2) The director of the department of natural resources or a designee. (3) The state veterinarian. b. The governor shall appoint four members each representing an interested organization

from a list of nominees. Each of the following interested organizations shall submit nomina- tions: (1) The Iowa whitetail deer association. (2) The Iowa elk breeders association. (3) The Iowa meat processors association. (4) The Iowa conservation alliance.