General Assembly: 75 (1993 Regular GA) - Chapter 92 - Long-term care asset preservation program


Published: 1993-05-03

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CH. 91 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION 186

Sec. 21. Section 123.177, subsection 1, Code 1993, is amended to read as follows: 1. A person holding a class "A" wine permit may manufacture and sell, or sell at wholesale,

wine for consumption off the premises. Sales within the state may be made only to persons holding a class "A" or "B" wine permit, and to persons holding a class "A", "B", "C" or "D" liquor control license, &ad te persons holding a- Sfleeia-1 pePIBit issued UflEieF. seetieft ~ Stib- seetieft 3. A class "A" wine permittee having more than one place of business shall obtain a separate permit for each place of business where wine is to be stored, warehoused, or sold.

Sec. 22. REPEALS. Sections 123.15 and 123.151, Code 1993, are repealed.

Sec. 23. APPEAL AFFECTED. This Act applies to administrative appeals of decisions of the administrator of the alcoholic beverages division of the department of commerce or a local authority which are filed on or after July 1, 1993.

Approved May 3, 1993

CHAPTER 92 LONG-TERM CARE ASSET PRESERVATION PROGRAM

S.F. 63

AN ACT relating to the establishment of a long-term care asset preservation program.

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

Section 1. NEW SECTION. 249F.1 LONG-TERM CARE ASSET PRESERVATION PROGRAM.

1. The Iowa long-term care asset preservation program is established to do all of the following: a. Provide incentives for an individual to insure against the costs of providing for the

individual's own long-term care. b. Provide a mechanism for an individual to qualify for coverage of the costs of the individual's

long-term care needs under the medical assistance program pursuant to chapter 249A prior to substantially exhausting the assets of the individual.

c. Assist in developing methods for increasing access to and the affordability of a long-term care policy.

d. Provide counseling services to individuals regarding planning for long-term care needs. e. Assist in alleviating the financial burden on the state's medical assistance program by

encouraging the pursuit of private long-term care payment initiatives. 2. The department of human services and the division of insurance of the department of

commerce shall administer this program as provided in this chapter.

Sec. 2. NEW SECTION. 249F.2 DUTIES OF DEPARTMENTS. 1. The department of human services shall seek approval of a state plan amendment or make

application to the United States department of health and human services for any necessary waivers under 42 U.S.C. § 1396n relating to providing assistance under chapter 249A.

2. The division of insurance shall adopt rules pursuant to chapter 17 A for the certification of any long-term care policy or contract which, if purchased by an eligible individual, will allow such individual to retain additional assets as provided in section 249F.4. A policy certified pur- suant to this section shall satisfy the definition in section 514G.4, subsection 1, and addition- ally shall, at a minimum, do all of the following:

a. Inform the purchaser of the availability of consumer information concerning the long-term care asset preservation program established in this chapter.

b. Provide the option of home and community-based services in addition to nursing home care.

187 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION CH. 93

c. Provide case management services in all home care plans. d. Provide for inflation protection. e. Provide for recordkeeping and an explanation of benefit reports on insurance payments

which qualify for the asset adjustment under section 249F.4. f. Provide for written reports to the division regarding the effects of this program on the

amount of medical assistance payments made under chapter 249A. 3. The division of insurance shall develop and implement a plan providing information to

persons who may be eligible to participate in the long-term care asset preservation program.

Sec. 3. NEW SECTION. 249F.3 ELIGIBILITY- PARTICIPATION IN PROGRAM. An individual who elects to participate in the long-term care asset preservation program

shall make application to the department of human services on a form provided by the depart- ment. The department shall find that the individual is eligible if the individual satisfies all of the following:

1. Is at least sixty-five years of age. 2. Is eligible to receive medical assistance pursuant to chapter 249A upon application of the

asset adjustment. 3. Is the beneficiary of a certified long-term care policy or contract approved by the divi-

sion of insurance, or is enrolled in a prepaid health care delivery plan that provides long-term care services.

Sec. 4. NEW SECTION. 249F.4 ASSET ADJUSTMENT. 1. As used in this chapter, "asset adjustment" means an additional exemption in the amount

of assets an individual who purchases a qualified long-term care policy or contract and who meets the requirements of section 249F.3 may retain for purposes of determining eligibility for long-term care _services under chapter 249A equal to the benefit amount actually paid out under the individual's policy or contract.

2. The department of human services shall make an asset adjustment for an individual who is qualified pursuant to section 249F.3 and who purchases a qualified long-term care policy. The asset adjustment is available to the individual after the benefits of the long-term care policy have been applied to the cost of long-term care as required in subsection 1.

Approved May 4, 1993

CHAPTER 93 CHILDREN EXPOSED TO ILLEGAL DRUGS

S.F. 117

AN ACT relating to children who are exposed to illegal drugs by including such children under the definitions of a child in need of assistance and child abuse under certain circumstances and by amending the title and scope and responsibilities of the council on chemically exposed infants to include children.

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

Section 1. Section 232.2, subsection 6, Code 1993, is amended by adding the following new paragraph:

NEW PARAGRAPH. o. In whose body there is an illegal drug present as a direct and fore- seeable consequence of the acts or omissions of the child's parent, guardian, or custodian.

Sec. 2. Section 232.68, subsection 2, Code 1993, is amended by adding the following new paragraph: