249A.21 - INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION -- ASSESSMENT.
249A.21 INTERMEDIATE CARE FACILITIES FOR PERSONS WITH
MENTAL RETARDATION -- ASSESSMENT.
1. The department may assess intermediate care facilities for
persons with mental retardation, as defined in section 135C.1, a fee
in an amount not to exceed six percent of the total annual revenue of
the facility for the preceding fiscal year.
2. The assessment shall be paid to the department in equal
monthly amounts on or before the fifteenth day of each month. The
department may deduct the monthly amount from medical assistance
payments to a facility described in subsection 1. The amount
deducted from payments shall not exceed the total amount of the
assessments due.
3. Revenue from the assessments shall be credited to the state
medical assistance appropriation. This revenue may be used only for
services for which federal financial participation under the medical
assistance program is available to match state funds.
4. If federal financial participation to match the assessments
made under subsection 1 becomes unavailable under federal law, the
department shall terminate the imposing of the assessments beginning
on the date that the federal statutory, regulatory, or interpretive
change takes effect.
5. The department of human services may procure a sole source
contract to implement the provisions of this section.
6. The department may adopt administrative rules under section
17A.4, subsection 3, and section 17A.5, subsection 2, paragraph
"b", to implement this section, and any fee assessed pursuant to
this section against an intermediate care facility for persons with
mental retardation that is operated by the state may be made
retroactive to October 1, 2003. Section History: Recent Form
2002 Acts, 2nd Ex, ch 1001, §36, 46; 2004 Acts, ch 1085, §6, 7,
10, 11
Referred to in § 222.60A, 249A.12