Iowa Administrative Code › Agency 441 - Human Services Department › Title VIII - Medical Assistance › Chapter 77 - Conditions of Participation for Providers of Medical and Remedial Care › Rule 441-77.9 - Home Health Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
Home health agencies are eligible to participate providing
				  they are certified to participate in the Medicare program (Title XVIII of the
				  Social Security Act) and, unless exempted under subrule 77.9(5), have submitted
				  a surety bond as required by subrules 77.9(1) to 77.9(6).
(1)
Definitions.
"Assets"
includes any listing that
				  identifies Medicaid members to whom home health services were furnished by a
				  participating or formerly participating home health agency.
"Rider"
means a notice issued by a surety
				  that a change in the bond has occurred or will occur.
"Uncollected overpayment"
means a Medicaid
				  overpayment, including accrued interest, for which the home health agency is
				  responsible that has not been recouped by the department within 60 days from
				  the date of notification that an overpayment has been identified.
(2)
Parties to surety
				bonds.
The surety bond shall name the home health agency as the
				principal, the Iowa department of human services as the obligee and the surety
				company (and its heirs, executors, administrators, successors and assignees,
				jointly and severally) as surety. The bond shall be issued by a company holding
				a current Certificate of Authority issued by the U.S. Department of the
				Treasury in accordance with
				31 U.S.C. Sections
				9304 to
				9308 and 31 CFR
				Part 223 as amended to November 30, 1984, Part 224 as amended to May 29, 1996,
				and Part 225 as amended to September 12, 1974. The bond shall list the surety's
				name, street address or post office box number, city, state and ZIP code. The
				company shall not have been determined by the department to be unauthorized in
				Iowa due to:
a. Failure to furnish timely
				confirmation of the issuance of and the validity and accuracy of information
				appearing on a surety bond that a home health agency presents to the department
				that shows the surety company as surety on the bond.
b. Failure to timely pay the department in
				full the amount requested, up to the face amount of the bond, upon presentation
				by the department to the surety company of a request for payment on a surety
				bond and of sufficient evidence to establish the surety company's liability on
				the bond.
c. Other good cause.
The department shall give public notice of a determination
				  that a surety company is unauthorized in Iowa and the effective date of the
				  determination by publication of a notice in the newspaper of widest circulation
				  in each city in Iowa with a population of 50,000 or more. A list of surety
				  companies determined by the department to be unauthorized in Iowa shall be
				  maintained and shall be available for public inspection by contacting the
				  division of medical services of the department. The determination that a surety
				  company is unauthorized in Iowa has effect only in Iowa and is not a debarment,
				  suspension, or exclusion for the purposes of Federal Executive Order No.
				  12549.