249A.27 - INDEMNITY FOR CASE MANAGEMENT AND DISALLOWED COSTS.
249A.27 INDEMNITY FOR CASE MANAGEMENT AND DISALLOWED
COSTS.
1. If the department contracts with a county or consortium of
counties to provide case management services funded under medical
assistance, the state shall appear and defend the department's
employees and agents acting in an official capacity on the
department's behalf and the state shall indemnify the employees and
agents for acts within the scope of their employment. The state's
duties to defend and indemnify shall not apply if the conduct upon
which any claim is based constitutes a willful and wanton act or
omission or malfeasance in office.
2. If the department is the case management contractor, the state
shall be responsible for any costs included within the unit rate for
case management services which are disallowed for medical assistance
reimbursement by the federal centers for Medicare and Medicaid
services. The contracting county shall be credited for the county's
share of any amounts overpaid due to the disallowed costs. However,
if certain costs are disallowed due to requirements or preferences of
a particular county in the provision of case management services, the
county shall not receive credit for the amount of the costs. Section History: Recent Form
91 Acts, ch 158, §8; 2002 Acts, ch 1050, §25
Referred to in § 249A.26