lowa Department of Human Services Kim Reynolds. ‘Adam Gregg Jerry R. Foxhoven Governor Lt. Governor Director August 30, 2017 Deborah J Schmudiach Assistant General Counsel lowa Lutheran Hospital Law Department 1776 Westlakes Pkwy Ste 400 West Des Moines, IA 50266 RE: Appeal # MED 18001260 Saint Lukes Regional Hospital Case # Provider Dear Ms. Schmudlach: Your request for an appeal regarding the Department of Human Services’ (DHS) decision to exclude all providers and facilities within UnityPoint Health from the State Family Planning Program has been reviewed. Please be advised that | am unable to approve your Notice of Appeal and Request for Hearing. There is no provision for a hearing on DHS's attestation for the state-only Family Planning Program in state or federal law. 441 IAC 7.5(1). Please call (515) 281-8774 or (515) 281-3094 if you have any questions about this letter. Sincerely, Harry V. Rossander Bureau Chief Appeals Section HRidd ce: IME Policy ‘AAC IME, Mailbox - Appeals IME 305 E, Wain Street. Des Mines, 1A 50370-0114am UnityPoint Health DEBORAH J. SCHMUDLACH eI GEEAETHENT ASSISTANT GENERAL COUNSEL 1776 West Lakes PARKWAY, SumTe 400 Wi NES, LA 50256-8239 WRITERS DIRECT HONE: $18.24) 4642 De Mate ie ee cE DLACHGRISTYPORT.ORG Paice EM oenotat een neeGRNIN Fox 15281—656 August 14, 2017 RECEIVED Department of Human Services Appeals Section 1305 East Walnut Street, 5 Floor AUG 16 2017 Des Moines, IA $0319 DEPT, OF HUMAN SERVICES: APPEALS SECTION: NOTICE OF APPEAL AND REQUEST FOR HEARING To Whom It May Concern: The purpose of this correspondence is to provide notice that UnityPoint Health (“UPH”) appeals the Department of Human Services’ (“DHS”) decision to exclude all providers and facilities within UPH from the State Family Planning Program, DHS has provided notice of this decision via several different communications to UP. providers and facilities. These communications include the following, which is not an exhaustive list of communications received by UnityPoint Health providers and facilities 6/22/2017 letter from DHS to Alien Memorial Hospital Women’s Health ~ 7/14/2017 letter from DHS to St. Luke's Regional Medical Center, NPT #1962594622 7/14/2017 letters from DHS to UnityPoint Clinic, NPI #1366425274 (multiple notices; not all attached due to volume) 7/17/2017 Letter from DES to Towa Methodist Medical Center, NPI#1396837951 17/2017 letter from DHS to lowa Lutheran Hospital, NP1#1356433049 /2017 letter from DHS to Methodist West Hospital, NPI #1598905762 4/2017 letter from DHS to UPH Governmental and Extemal Affairs 8/03/2017 email from Julie Lovelady to UPH Central Billing Office Copies of these communications are attached. Although some UnityPoint Health providers and facilities do perform categories of abortions that will result in exclusion from the Family Planning Program, the majority of our providers and facilities do not perform these procedures. DHS" decision to terminate all UPH providers and facilities from the Family Planning Progeam is overreaching and inconsistent with Iowa Medicaid certification requirements that are specific to each provider and facilityUnityPoint Health UnityPoint Health appeals these decisions and requests an in-person hearing on this matter. Sincerely, Le bhorudil Deborah J. Schmudlach Enelosureslowa Department of Human Services Kim Reynolds Adam Gregg Jorry R. Foxhoven Governor Lt, Governor Director Date: 7/14/17 RE: State Family Planning Program (FPP) NPI: 1962594622 ‘Thank you for submitting your attestation form regarding your eligibility to receive payment for services provided through FPP. Per lowa Code §217.41B, distribution of family planning services program funds shall not be made to any entity that performs abortions or that maintains or operates a facility where abortions are performed. ‘DYour attestation has been processed and approved. The provider shall notify lowa Medicaid Enterprise of any change in eligibility status. Your attestation has not been processed because your provider type is not qualifies to bill for FPP services XYour attestation has not been processed because your entity or affiliated entity is excluded from participation in the Family Planning Program, per lowa Code above, 1 Your attestation has not been processed because your e attestation. is required to complete the if you have any questions, please contact us at 1-800-338-7909, option 2 Sincerely, lowa Medicaid Provider Services lowe Mecicaid Enterprise ~ 100 Army Past Read - Des Moines, JA 80318:. lowa Department of Human Service 4 Kim Reynotds ‘Adam Greag Jerry R. Foxho. Governor Lt, Governor Director July 24, 2017 Ms, Sabra Rosener VP, Government & External Affairs UnityPoint Health 1776 West Lakes Parkway, Suite 490 West Des Moines, 1A 50265, Dear Ms, Rosener. ‘This letter is in response to your recent emall dated July 17, 2017, sent to Mikki Stier and Julie Lovelady at the lowa Medicaid Enterprise (IME), lowa Cade 217.418 discontinuing the Medicaid family planning network effective July 1, 2017, and establishing a state family planning services was signed int law on May 12, 2047, by former Governor Branstad (HF653), ‘The purpose of the new state law was to offer family planning services, but restrict that financtal ‘support to only entities that did not provide abortions, The laww specifically states, "Distribution of family planning services program funds shall not be made to any ently that performs abortions or that maintains or operates a faaity where abortions are performed’. Restriction at the “entily" level rather than at the ste or provider level, was a specific choice, DHS responded to many legislator requests and was clear that restriction at the entity level would impact two entitles who offer abortion servces in cases of fetal enomalies- the University of lowe and lowa Health System (Urity Point). Legislation thet retained the abiily for family planning services program funds to be cexperided for procedures terminating a pregnancy in the case of a fetal anomaly was discussed uring the 2017 legislative process, This “etal anomaly" exception was not contained in the final bil that was passed and enrolled The Deparlment of Human Services interpretation ofthe restriction at the broad, entity fevet is consistent with legislative intenl, Should te legislature disagree, the option te amend such legislation may occur in the next legislative sessicn. Please fee! free to contact me it you need additional information Sincerely, eeepcFrom: Lovelady, Julie (mailto:jlovela@dhs.state.ie.us) Sent: Thursday, August 03, 2017 4:46 PM To: Carpenter, Peggy R. ison, Julie A.; Kera L. Oestreich; Sean R Bagniewski; Desiree Smith Planning Attestations Peay. This email is in response to your recent email dated Friday, July 21st, sent to tneufel@chs state ja.us, lowa Code 217.418 discontinuing the Medicaid family planning network effective July 1, 2017 ‘and establishing a state family planning services was signed into law on May 12, 2017, by Governor Branstad (HF653). ‘The purpose of the new state law was to offer family planning services, but restrict that financial support to only entities that did not provide abortions. The law specifically states, "Distribution of family planning services program funds shall not be made to any entity that performs abortions or that maintains or operates a facility where abortions are performed’. Restriction at the “entity” level, rather than at the site or provider level, was a specific choice. DHS responded to many legislator requests and was clear that restriction at the entity level would impact two entities who offer abortion services in cases of fetal anomalies- the University of lowa and lowa Health System (Unity Point). Legislation that retained the abilty for family planning services program funds to be expended for procedures terminating a pregnancy in the case of a fetal anomaly was discussed during the 2017 legislative process. This “fetal snomaly” exception was not contained in the final bill that was passed and enrolled. The Department of Human Services interpretation of the restriction at the broad, entity level is consistent with legislative intent. Should the legistature disagree, the option to amend such legisiation may occur in the next legislative session, Sincerely, Julie Lovelady Deputy Mecicaia Director 545-782-5183 call llovelag@chs. state ia.usBIB UnityPoint Health {77 We: Laas Fev. ue 400 ‘ier Des Mains 12 30256, Aue n Zoid Department of Human Services Appeals Section {05 east Walnut Street, 6 Floor Des Moines, 1A $0388