Bill Text: IA SSB3196 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to a person’s county of residence as the basis for determining financial responsibility for certain human services programs and treatment or support services.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-15 - Subcommittee Meeting: 02/15/2018 12:00PM RM 24 [SSB3196 Detail]
Download: Iowa-2017-SSB3196-Introduced.html
Senate
Study
Bill
3196
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
SEGEBART)
A
BILL
FOR
An
Act
relating
to
a
person’s
county
of
residence
as
the
basis
1
for
determining
financial
responsibility
for
certain
human
2
services
programs
and
treatment
or
support
services.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
35D.9,
Code
2018,
is
amended
to
read
as
1
follows:
2
35D.9
County
of
settlement
residence
upon
discharge.
3
A
member
of
the
home
does
not
acquire
legal
settlement
4
residency
in
the
county
in
which
the
home
is
located
unless
5
the
member
is
voluntarily
or
involuntarily
discharged
from
the
6
home
,
continuously
resides
in
the
county
for
a
period
of
one
7
year
subsequent
to
the
discharge,
and
during
that
year
is
not
8
readmitted
to
the
home
or
does
not
receive
any
services
from
9
the
home
and
the
member
meets
county
of
residence
requirements
.
10
For
purposes
of
this
section,
“county
of
residence”
means
the
11
same
as
defined
in
section
331.394.
12
Sec.
2.
Section
125.2,
Code
2018,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
4A.
“County
of
residence”
means
the
same
15
as
defined
in
section
331.394.
16
Sec.
3.
Section
125.2,
subsection
13,
Code
2018,
is
amended
17
by
striking
the
subsection.
18
Sec.
4.
Section
139A.12,
Code
2018,
is
amended
to
read
as
19
follows:
20
139A.12
County
liability
for
care,
provisions,
and
medical
21
attendance.
22
The
local
board
shall
provide
proper
care,
provisions,
and
23
medical
attendance
for
any
person
removed
and
isolated
or
24
quarantined
in
a
separate
house
or
hospital
for
detention
and
25
treatment,
and
the
care,
provisions,
and
medical
attendance
26
shall
be
paid
for
by
the
county
in
which
the
infected
person
27
has
a
legal
settlement
residence
,
if
the
patient
or
legal
28
guardian
is
unable
to
pay.
29
Sec.
5.
Section
139A.18,
Code
2018,
is
amended
to
read
as
30
follows:
31
139A.18
Reimbursement
from
county.
32
If
any
person
receives
services
or
supplies
under
this
33
chapter
who
does
not
have
a
legal
settlement
residence
in
the
34
county
in
which
the
bills
were
incurred
and
paid,
the
amount
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paid
shall
be
certified
to
the
board
of
supervisors
of
the
1
county
in
which
the
person
claims
settlement
or
owns
property,
2
and
the
board
of
supervisors
of
that
county
shall
reimburse
the
3
county
from
which
the
claim
is
certified,
in
the
full
amount
4
originally
paid.
5
Sec.
6.
Section
232.141,
subsections
7
and
8,
Code
2018,
are
6
amended
to
read
as
follows:
7
7.
A
county
charged
with
the
costs
and
expenses
under
8
subsections
2
and
3
may
recover
the
costs
and
expenses
from
the
9
county
where
the
child
has
legal
settlement
child’s
county
of
10
residence,
as
defined
in
section
331.394,
by
filing
verified
11
claims
which
are
payable
as
are
other
claims
against
the
12
county.
A
detailed
statement
of
the
facts
upon
which
a
claim
13
is
based
shall
accompany
the
claim.
Any
dispute
involving
the
14
legal
settlement
of
a
child
for
which
the
court
has
ordered
15
payment
under
this
section
shall
be
settled
pursuant
to
16
sections
252.22
and
252.23
.
17
8.
This
subsection
applies
only
to
placements
in
a
juvenile
18
shelter
care
home
which
is
publicly
owned,
operated
as
a
county
19
or
multicounty
shelter
care
home,
organized
under
a
chapter
20
28E
agreement,
or
operated
by
a
private
juvenile
shelter
care
21
home.
If
the
actual
and
allowable
costs
of
a
child’s
shelter
22
care
placement
exceed
the
amount
the
department
is
authorized
23
to
pay
in
accordance
with
law
and
administrative
rule,
the
24
unpaid
costs
may
be
recovered
from
the
child’s
county
of
legal
25
settlement
residence
.
However,
the
maximum
amount
of
the
26
unpaid
costs
which
may
be
recovered
under
this
subsection
is
27
limited
to
the
difference
between
the
amount
the
department
is
28
authorized
to
pay
and
the
statewide
average
of
the
actual
and
29
allowable
rates
in
effect
in
May
of
the
preceding
fiscal
year
30
for
reimbursement
of
juvenile
shelter
care
homes.
In
no
case
31
shall
the
home
be
reimbursed
for
more
than
the
home’s
actual
32
and
allowable
costs.
The
unpaid
costs
are
payable
pursuant
to
33
filing
of
verified
claims
against
the
child’s
county
of
legal
34
settlement
residence
.
A
detailed
statement
of
the
facts
upon
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which
a
claim
is
based
shall
accompany
the
claim.
Any
dispute
1
between
counties
arising
from
filings
of
claims
pursuant
to
2
this
subsection
shall
be
settled
in
the
manner
provided
to
3
determine
residency
in
section
331.394
.
4
Sec.
7.
Section
252.24,
Code
2018,
is
amended
to
read
as
5
follows:
6
252.24
County
of
settlement
residence
liable
——
exception.
7
1.
The
county
where
the
settlement
is
of
residence,
as
8
defined
in
section
331.394,
shall
be
liable
to
the
county
9
granting
assistance
for
all
reasonable
charges
and
expenses
10
incurred
in
the
assistance
and
care
of
a
poor
person.
11
2.
When
assistance
is
furnished
by
any
governmental
agency
12
of
the
county,
township,
or
city,
the
assistance
shall
be
13
deemed
to
have
been
furnished
by
the
county
in
which
the
14
agency
is
located
and
the
agency
furnishing
the
assistance
15
shall
certify
the
correctness
of
the
costs
of
the
assistance
16
to
the
board
of
supervisors
of
that
county
and
that
county
17
shall
collect
from
the
county
of
the
person’s
settlement
county
18
of
residence
.
The
amounts
collected
by
the
county
where
the
19
agency
is
located
shall
be
paid
to
the
agency
furnishing
the
20
assistance.
This
statute
applies
to
services
and
supplies
21
furnished
as
provided
in
section
139A.18
.
22
3.
Notwithstanding
subsection
2
,
if
This
section
shall
23
apply
to
assistance
or
maintenance
is
provided
by
a
county
24
through
the
county’s
mental
health
and
disability
services
25
system
implemented
under
chapter
331
,
liability
for
the
26
assistance
and
maintenance
is
the
responsibility
of
the
27
person’s
county
of
residence
.
28
Sec.
8.
Section
331.502,
subsection
14,
Code
2018,
is
29
amended
by
striking
the
subsection.
30
Sec.
9.
Section
331.653,
subsection
25,
Code
2018,
is
31
amended
by
striking
the
subsection.
32
Sec.
10.
Section
347.16,
subsection
3,
Code
2018,
is
amended
33
to
read
as
follows:
34
3.
Care
and
treatment
may
be
furnished
in
a
county
public
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hospital
to
any
sick
or
injured
person
who
has
legal
settlement
1
residence
outside
the
county
which
maintains
the
hospital,
2
subject
to
such
policies
and
rules
as
the
board
of
hospital
3
trustees
may
adopt.
If
care
and
treatment
is
provided
under
4
this
subsection
to
a
person
who
is
indigent,
the
county
in
5
which
that
person
has
legal
settlement
person’s
county
of
6
residence,
as
defined
in
section
331.394,
shall
pay
to
the
7
board
of
hospital
trustees
the
fair
and
reasonable
cost
of
8
the
care
and
treatment
provided
by
the
county
public
hospital
9
unless
the
cost
of
the
indigent
person’s
care
and
treatment
is
10
otherwise
provided
for.
If
care
and
treatment
is
provided
to
11
an
indigent
person
under
this
subsection
,
the
county
public
12
hospital
furnishing
the
care
and
treatment
shall
immediately
13
notify,
by
regular
mail,
the
auditor
of
the
county
of
legal
14
settlement
residence
of
the
indigent
person
of
the
provision
15
of
care
and
treatment
to
the
indigent
person
.
However,
if
the
16
including
care
and
treatment
is
provided
by
a
county
through
17
the
county’s
mental
health
and
disability
services
system
18
implemented
under
chapter
331
,
liability
for
the
assistance
19
and
maintenance
is
the
responsibility
of
the
person’s
county
20
of
residence
.
21
Sec.
11.
REPEAL.
Sections
252.16,
252.17,
252.18,
252.22,
22
and
252.23,
Code
2018,
are
repealed.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
a
person’s
county
of
residence
as
the
27
basis
for
determining
financial
responsibility
for
certain
28
human
services
programs
and
treatment
or
support
services.
29
References
to
county
of
legal
settlement
are
amended
to
30
be
county
of
residence
or
residence
in
the
following
Code
31
sections:
section
35D.9,
relating
to
the
Iowa
veteran’s
32
home;
section
125.2,
relating
to
the
definition
of
county
of
33
residence
for
purposes
of
Code
chapter
125
(substance-related
34
disorders);
section
139A.12,
relating
to
county
liability
for
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care,
provisions,
and
medical
attendance
for
communicable
1
and
infectious
diseases
and
poisonings
(Code
chapter
139A);
2
section
139A.18,
relating
to
reimbursement
for
services
or
3
supplies
under
Code
chapter
139A;
section
232.141,
relating
4
to
the
recovery
by
a
county
for
certain
juvenile
shelter
care
5
and
placement
costs
and
expenses;
section
252.24,
requiring
6
the
county
of
legal
settlement
to
reimburse
the
county
that
7
initially
paid
the
charges
relating
to
the
assistance
or
8
support
of
a
poor
person;
section
331.502,
relating
to
the
9
duties
of
the
county
auditor;
and
section
347.16,
relating
to
10
the
cost
of
care
provided
in
county
hospitals.
11
The
following
Code
sections
are
repealed
due
to
the
strike
of
12
references
to
legal
settlement
for
purposes
of
Code
chapter
252
13
(support
of
the
poor):
sections
252.16
and
252.17,
relating
to
14
the
acquisition
of
legal
settlement;
section
252.18,
relating
15
to
foreign
paupers;
section
252.22,
relating
to
the
duties
16
of
the
county
auditor;
and
section
252.23,
relating
to
legal
17
settlement
disputes
over
financial
assistance
between
counties.
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