249J.24 - IOWACARE ACCOUNT.
249J.24 IOWACARE ACCOUNT.
1. An IowaCare account is created in the state treasury under the
authority of the department of human services. Moneys appropriated
from the general fund of the state to the account, moneys received as
federal financial participation funds under the expansion population
provisions of this chapter and credited to the account, moneys
received for disproportionate share hospitals and credited to the
account, moneys received for graduate medical education and credited
to the account, proceeds distributed from the county treasurer as
specified in subsection 6, and moneys from any other source credited
to the account shall be deposited in the account. Moneys deposited
in or credited to the account shall be used only as provided in
appropriations or distributions from the account for the purposes
specified in the appropriation or distribution. Moneys in the
account shall be appropriated to the university of Iowa hospitals and
clinics, to a publicly owned acute care teaching hospital located in
a county with a population over three hundred fifty thousand, and to
the state hospitals for persons with mental illness designated
pursuant to section 226.1 for the purposes provided in the federal
law making the funds available or as specified in the state
appropriation and shall be distributed as determined by the
department.
2. The account 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 account shall not be considered revenue of
the state, but rather shall be funds of the account. The moneys in
the account 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. Notwithstanding
section 12C.7, subsection 2, interest or earnings on moneys deposited
in the account shall be credited to the account.
3. The department shall adopt rules pursuant to chapter 17A to
administer the account.
4. The treasurer of state shall provide a quarterly report of
activities and balances of the account to the director.
5. Notwithstanding section 262.28 or any provision of this
chapter to the contrary, payments to be made to participating public
hospitals under this section shall be made on a prospective basis in
twelve equal monthly installments based upon the amount appropriated
or allocated, as applicable to a specific public hospital, in a
specific fiscal year. After the close of the fiscal year, the
department shall determine the amount of the payments attributable to
the state general fund, federal financial participation funds
collected for expansion population services, graduate medical
education funds, and disproportionate share hospital funds, based on
claims data and actual expenditures.
6. a. Notwithstanding any provision to the contrary, for the
collection of taxes levied under section 347.7 for which the
collection is performed after July 1, 2005, the county treasurer of a
county with a population over three hundred fifty thousand in which a
publicly owned acute care teaching hospital is located shall
distribute the proceeds collected pursuant to section 347.7 in a
total amount of thirty-four million dollars annually, which would
otherwise be distributed to the county hospital, to the treasurer of
state for deposit in the IowaCare account under this section as
follows:
(1) The first seventeen million dollars in collections pursuant
to section 347.7 between July 1 and December 31 annually shall be
distributed to the treasurer of state for deposit in the IowaCare
account and collections during this time period in excess of
seventeen million dollars shall be distributed to the acute care
teaching hospital identified in this subsection.
(2) The first seventeen million dollars in collections pursuant
to section 347.7 between January 1 and June 30 annually shall be
distributed to the treasurer of state for deposit in the IowaCare
account and collections during this time period in excess of
seventeen million dollars shall be distributed to the acute care
teaching hospital identified in this subsection.
b. The board of trustees of the acute care teaching hospital
identified in this subsection and the department shall execute an
agreement under chapter 28E by July 1, 2005, and annually by July 1,
thereafter, to specify the requirements relative to distribution of
the proceeds and the distribution of moneys to the hospital from the
IowaCare account. The agreement shall include provisions relating to
exceptions to the deadline for submission of clean claims as required
pursuant to section 249J.7 and provisions relating to data reporting
requirements regarding the expansion population. The agreement may
also include a provision allowing such hospital to limit access to
such hospital by expansion population members based on residency of
the member, if such provision reflects the policy of such hospital
regarding indigent patients existing on April 1, 2005, as adopted by
its board of hospital trustees.
c. Notwithstanding the specified amount of proceeds to be
distributed under this subsection, if the amount allocated that does
not require federal matching funds under an appropriation in a
subsequent fiscal year to such hospital for medical and surgical
treatment of indigent patients, for provision of services to
expansion population members, and for medical education, is reduced
from the amount allocated that does not require federal matching
funds under the appropriation for the fiscal year beginning July 1,
2005, the amount of proceeds required to be distributed under this
subsection in that subsequent fiscal year shall be reduced in the
same amount as the amount allocated that does not require federal
matching funds under that appropriation.
7. The state board of regents, on behalf of the university of
Iowa hospitals and clinics, and the department shall execute an
agreement under chapter 28E by July 1, 2005, and annually by July 1,
thereafter, to specify the requirements relating to distribution of
moneys to the hospital from the IowaCare account. The agreement
shall include provisions relating to exceptions to the deadline for
submission of clean claims as required pursuant to section 249J.7 and
provisions relating to data reporting requirements regarding the
expansion population.
8. The state and any county utilizing the acute care teaching
hospital located in a county with a population over three hundred
fifty thousand for mental health services prior to July 1, 2005,
shall annually enter into an agreement with such hospital to pay a
per diem amount that is not less than the per diem amount paid for
those mental health services in effect for the fiscal year beginning
July 1, 2004, for each individual including each expansion population
member accessing mental health services at that hospital on or after
July 1, 2005. Any payment made under such agreement for an expansion
population member pursuant to this chapter shall be considered by the
department to be payment by a third-party payor. Section History: Recent Form
2005 Acts, ch 167, §25, 66; 2006 Acts, ch 1184, §117, 127; 2009
Acts, ch 110, §3
Referred to in § 249A.11, 249J.24A