Bill Text: IA HF149 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to a dental provider assessment including monetary penalties, contingencies, and effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-01-30 - Introduced, referred to Health and Human Services. H.J. 203. [HF149 Detail]
Download: Iowa-2023-HF149-Introduced.html
House
File
149
-
Introduced
HOUSE
FILE
149
BY
FRY
A
BILL
FOR
An
Act
relating
to
a
dental
provider
assessment
including
1
monetary
penalties,
contingencies,
and
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
249A.22
Dental
provider
assessment
1
program
——
imposition
——
collection
——
credit
and
use
——
monetary
2
penalties
——
civil
actions.
3
1.
For
the
purposes
of
this
section:
4
a.
“Dental
provider”
means
and
includes
but
is
not
limited
5
to
a
dentist,
endodontist,
oral
and
maxillofacial
surgeon,
6
orthodontist,
periodontist,
or
prosthodontist
operating
as
an
7
individual
or
as
any
other
legal
entity
transacting
business
8
in
the
state.
9
b.
“Gross
revenue”
means
all
revenue
reported
by
the
dental
10
provider
for
patient
care,
but
does
not
include
contractual
11
adjustments,
bad
debt,
Medicare
revenue,
or
revenue
derived
12
from
sources
other
than
dental
provider
operations
including
13
but
not
limited
to
nonoperating
revenue
and
other
operating
14
revenue.
15
c.
“Nonoperating
revenue”
means
income
from
activities
not
16
relating
directly
to
the
day-to-day
operations
of
a
dental
17
provider
such
as
gains
from
disposal
of
a
dental
provider’s
18
assets,
dividends,
and
interests
from
security
investments,
19
gifts,
grants,
and
endowments.
20
d.
“Other
operating
revenue”
means
income
from
nonpatient
21
care
services.
22
e.
“Transacting
business
in
the
state”
with
reference
to
23
a
dental
provider
means
that
the
dental
provider
maintains
24
contacts
with
or
presence
in
the
state
of
Iowa
sufficient
to
25
permit
taxation
of
gross
revenues
received
for
patient
services
26
under
the
United
States
Constitution.
27
2.
A
dental
provider
assessment
is
imposed
on
each
dental
28
provider
transacting
business
in
the
state
to
be
used
to
29
promote
access
to
health
care
services
for
Iowans,
including
30
those
served
by
the
Medicaid
program.
31
3.
The
assessment
rate
shall
be
calculated
as
one
and
32
one-half
percent
of
the
dental
provider’s
gross
revenue.
33
4.
The
assessment
shall
be
paid
by
each
dental
provider
34
to
the
department
on
a
quarterly
basis.
A
dental
provider
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shall
submit
the
assessment
amount
no
later
than
thirty
days
1
following
the
end
of
each
calendar
quarter.
2
5.
The
department
shall
collect
the
assessment
imposed
3
and
shall
credit
all
revenues
collected
to
the
state
medical
4
assistance
appropriation.
This
revenue
may
be
used
only
for
5
services
for
which
federal
financial
participation
under
the
6
Medicaid
program
is
available
to
match
state
funds.
7
6.
If
the
department
determines
that
a
dental
provider
8
has
underpaid
or
overpaid
the
assessment,
the
department
9
shall
notify
the
dental
provider
of
the
amount
of
the
unpaid
10
assessment
or
refund
due.
Such
payment
or
refund
shall
be
due
11
or
refunded
within
thirty
days
of
the
issuance
of
the
notice.
12
7.
A
dental
provider
that
fails
to
pay
the
assessment
13
within
the
time
frame
specified
in
this
section
shall
pay,
in
14
addition
to
the
outstanding
assessment,
a
penalty
in
the
amount
15
of
one
and
five-tenths
percent
of
the
assessment
amount
owed
16
for
each
month
or
portion
of
each
month
the
payment
is
overdue.
17
However,
if
the
department
determines
that
good
cause
is
shown
18
for
failure
to
comply
with
payment
of
the
assessment,
the
19
department
shall
waive
the
penalty
or
a
portion
of
the
penalty.
20
8.
If
an
assessment
has
not
been
received
by
the
department
21
by
the
last
day
of
the
third
month
after
the
payment
is
due,
the
22
department
shall
suspend
payment
due
the
dental
provider
under
23
the
Medicaid
program
including
payments
made
on
behalf
of
the
24
Medicaid
program
by
a
Medicaid
managed
care
contractor.
25
9.
The
assessment
imposed
under
this
section
constitutes
26
a
debt
due
and
owing
the
state
and
may
be
collected
by
civil
27
action,
including
but
not
limited
to
the
filing
of
tax
liens,
28
and
any
other
method
provided
for
by
law.
29
10.
If
the
federal
government
fully
funds
Iowa’s
Medicaid
30
program,
if
federal
financial
participation
to
match
the
31
assessments
made
under
this
section
becomes
unavailable
under
32
federal
law,
if
federal
law
changes
to
negatively
impact
the
33
assessment
program
as
determined
by
the
department,
or
if
a
34
federal
audit
determines
the
assessment
program
is
invalid,
the
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department
shall
terminate
the
imposition
of
the
assessment
1
and
the
program
beginning
on
the
date
the
federal
statutory,
2
regulatory,
or
interpretive
change
takes
effect.
3
11.
The
department
may
adopt
rules
pursuant
to
chapter
17A
4
to
administer
this
section.
5
Sec.
2.
DIRECTIVES
TO
DEPARTMENT
OF
HEALTH
AND
HUMAN
6
SERVICES.
Upon
enactment
of
this
Act,
the
department
of
7
health
and
human
services
shall
request
any
Medicaid
waivers
8
or
Medicaid
state
plan
amendments
necessary
to
implement
this
9
Act
from
the
centers
for
Medicare
and
Medicaid
services
of
the
10
United
States
department
of
health
and
human
services.
11
Sec.
3.
CONTINGENCY
PROVISIONS.
12
1.
The
dental
provider
assessment
created
in
this
Act
shall
13
not
be
imposed
or
collected
until
the
department
of
health
and
14
human
services
has
received
approval
of
the
assessment
from
the
15
centers
for
Medicare
and
Medicaid
services
of
the
United
States
16
department
of
health
and
human
services,
and
no
sooner
than
17
July
1,
2024.
18
2.
The
department
of
health
and
human
services
shall
notify
19
the
Code
editor
upon
receipt
of
the
approval
specified
in
this
20
section
from
the
centers
for
Medicare
and
Medicaid
services
of
21
the
United
States
department
of
health
and
human
services.
22
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
23
immediate
importance,
takes
effect
upon
enactment.
24
Sec.
5.
CONTINGENT
IMPLEMENTATION.
The
department
of
25
health
and
human
services
shall
only
implement
this
Act
if
26
the
department
receives
approval
of
the
requests
relating
to
27
any
waivers
or
Medicaid
state
plan
amendments
necessary
to
28
implement
this
Act.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
creates
a
dental
provider
assessment
program
and
33
imposes
a
provider
assessment
on
dental
providers
transacting
34
business
in
the
state.
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The
bill
provides
definitions
for
the
purposes
of
the
bill
1
including
“dental
provider”,
“gross
revenue”,
“nonoperating
2
revenue”,
“other
operating
revenue”,
and
“transacting
business
3
in
the
state”.
4
The
bill
imposes
a
dental
provider
assessment
on
each
dental
5
provider
transacting
business
in
the
state
to
be
used
to
6
promote
access
to
health
care
services
for
Iowans,
including
7
those
served
by
the
Medicaid
program.
The
assessment
rate
8
shall
be
calculated
as
one
and
one-half
percent
of
the
dental
9
provider’s
gross
revenue.
10
The
assessment
shall
be
paid
by
each
dental
provider
to
the
11
department
of
health
and
human
services
(HHS
or
the
department)
12
on
a
quarterly
basis,
and
not
later
than
30
days
following
the
13
end
of
each
calendar
quarter.
14
The
department
shall
collect
the
assessment
imposed
and
15
shall
credit
all
revenues
collected
to
the
state
Medicaid
16
appropriation.
The
revenue
shall
be
used
only
for
services
17
for
which
federal
financial
participation
under
the
Medicaid
18
program
is
available
to
match
state
funds.
19
The
bill
includes
provisions
relating
to
underpayments
and
20
overpayments
of
the
assessment.
If
a
dental
provider
fails
to
21
pay
the
assessment
within
the
time
frame
specified
in
the
bill,
22
in
addition
to
the
outstanding
assessment,
a
penalty
in
the
23
amount
of
one
and
five-tenths
percent
of
the
assessment
amount
24
is
owed
for
each
month
or
portion
of
each
month
the
payment
is
25
overdue.
The
department
may
waive
the
penalty
or
a
portion
of
26
the
penalty
for
good
cause
shown.
The
department
shall
suspend
27
payment
due
the
dental
provider
under
the
Medicaid
program
if
28
an
assessment
has
not
been
received
by
HHS
by
the
last
day
29
of
the
third
month
after
the
payment
is
due.
The
assessment
30
constitutes
a
debt
due
and
owing
the
state
and
may
be
collected
31
by
civil
action,
including
but
not
limited
to
the
filing
of
tax
32
liens,
and
any
other
method
provided
for
by
law.
33
If
certain
circumstances
occur,
including
if
federal
34
financial
participation
to
match
the
assessments
becomes
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unavailable
under
federal
law
or
if
the
assessment
is
1
determined
to
be
invalid,
HHS
shall
terminate
the
program
and
2
the
imposition
of
the
assessment
beginning
on
the
date
the
3
federal
statutory,
regulatory,
or
interpretive
change
takes
4
effect.
5
The
department
may
adopt
administrative
rules
to
administer
6
the
bill.
7
The
bill
includes
directives
to
HHS
and
contingency
8
provisions.
The
department
is
directed,
upon
enactment
of
9
the
bill,
to
request
any
federal
waivers
or
Medicaid
state
10
plan
amendments
necessary
to
implement
the
bill.
The
dental
11
provider
assessment
shall
not
be
imposed
or
collected
until
HHS
12
receives
necessary
federal
approval,
and
not
prior
to
July
1,
13
2024.
The
department
shall
notify
the
Code
editor
upon
receipt
14
of
the
federal
approval.
15
The
bill
takes
effect
upon
enactment
but
shall
only
be
16
implemented
if
HHS
receives
the
federal
approval
specified
in
17
the
bill.
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