ARC 3016C

ARC 3016C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 75, "Conditions of Eligibility," Iowa Administrative Code.

These proposed amendments update the maximum Medicaid rate for intermediate care facilities for individuals with an intellectual disability (ICF/IDs) which is used to determine the disposition of the income of a medical assistance income trust (MAIT).

The Department of Human Services provided the maximum Medicaid rate for care in an ICF/ID. The maximum Medicaid rate for ICF/ID increased from $28,915 per month to $29,240 per month.

The increase in this maximum rate will allow a few additional individuals to qualify for medical assistance with MAITs because the income limit at which all income assigned to a MAIT is considered to be available for Medicaid eligibility purposes is increased.

Any interested person may make written comments on the proposed amendments on or before May 2, 2017. Comments should be directed to Harry Rossander, Bureau of Policy Coordination, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Comments may be sent by fax to (515)281-4980 or by e-mail to policyanalysis@dhs.state.ia.us.

These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department's general rule on exceptions at 441—1.8(17A,217).

After analysis and review of this rule making, no impact on jobs has been found.

These amendments are intended to implement Iowa Code section 249A.4.

The following amendments are proposed.

Item 1. Amend paragraph 75.24(3)"b," introductory paragraph, as follows:

b. A trust established for the benefit of an individual if the trust is composed only of pension, social security, and other income to the individual (and accumulated income of the trust), and the state will receive all amounts remaining in the trust upon the death of the individual up to the amount equal to the total medical assistance paid on behalf of the individual. For disposition of trust amounts pursuant to Iowa Code sections 633C.1 to 633C.5, the average statewide charges and Medicaid rates for the period from July 1, 2016 2017, to June 30, 2017 2018, shall be as follows:

Item 2. Amend subparagraph 75.24(3)"b"(2) as follows:

(2)The maximum statewide Medicaid rate for a resident of an intermediate care facility for persons with an intellectual disability is $28,915 $29,240 per month.