249H.4 - SENIOR LIVING TRUST FUND -- CREATED -- APPROPRIATIONS.
249H.4 SENIOR LIVING TRUST FUND -- CREATED --
APPROPRIATIONS.
1. A senior living trust fund is created in the state treasury
under the authority of the department of human services. Moneys
received through intergovernmental agreements for the senior living
program and moneys received from sources, including grants,
contributions, and participant payments, shall be deposited in the
fund.
2. The department of human services, upon receipt of federal
revenue on or after October 1, 1999, from public nursing facilities
participating in the medical assistance program, shall deposit the
federal revenue received in the trust fund, less a sum of five
thousand dollars as an administration fee per participating public
nursing facility.
3. Moneys deposited in the trust fund shall be used only for the
purposes of the senior living program as specified in this chapter.
4. The trust fund shall be operated in accordance with the
guidelines of the centers for Medicare and Medicaid services of the
United States department of health and human services. The trust
fund shall be separate from the general fund of the state and shall
not be considered part of the general fund of the state. The moneys
in the trust fund shall not be considered revenue of the state, but
rather shall be funds of the senior living program. The moneys
deposited in the trust fund are not subject to section 8.33 and shall
not be transferred, used, obligated, appropriated, or otherwise
encumbered, except to provide for the purposes of this chapter.
Moneys in the trust fund may be used for cash flow purposes during a
fiscal year provided that any moneys so allocated are returned to the
trust fund by the end of that fiscal year. Notwithstanding section
12C.7, subsection 2, interest or earnings on moneys deposited in the
trust fund shall be credited to the trust fund.
5. The department of human services shall adopt rules pursuant to
chapter 17A to administer the trust fund and to establish procedures
for participation by public nursing facilities in the
intergovernmental transfer of funds to the senior living trust fund.
6. The director shall amend the medical assistance state plan to
eliminate the mechanism to secure funds based on skilled nursing
facility prospective payment methodologies under the medical
assistance program and to terminate agreements entered into with
public nursing facilities under this chapter, effective June 30,
2005. Section History: Recent Form
2000 Acts, ch 1004, §4, 22, 23; 2000 Acts, ch 1232, §88, 95; 2002
Acts, ch 1050, § 26; 2002 Acts, 2nd Ex, ch 1001, §30, 52; 2005 Acts,
ch 167, §34, 66; 2009 Acts, ch 182, §94
Referred to in § 249H.4A, 249H.5