House File 2129 - Introduced HOUSE FILE 2129 BY WINCKLER , THEDE , LYKAM , LENSING , GASKILL , MASCHER , ABDUL-SAMAD , T. TAYLOR , HEDDENS , KRESSIG , KAJTAZOVIC , HANSON , KEARNS , GAINES , H. MILLER , WITTNEBEN , WESSEL-KROESCHELL , and HUNTER A BILL FOR An Act authorizing additional applications for risk pool 1 assistance for purposes of funding county mental health and 2 disability services for the fiscal year beginning July 1, 3 2011, and including effective dates. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5711YH (3) 84 jp/sc

H.F. 2129 Section 1. RISK POOL APPLICATIONS FOR FISCAL YEAR 1 2011-2012. All moneys remaining following the distributions 2 made pursuant to 2011 Iowa Acts, chapter 129, section 43, 3 shall be credited to and remain in the risk pool created in 4 the property tax relief fund pursuant to section 426B.5 for 5 expenditure as provided by law. Notwithstanding section 6 426B.5, subsection 2, paragraph “d”, and 2011 Iowa Acts, 7 chapter 129, section 43, subsection 2, paragraph “c”, a 8 county may apply to the risk pool board for assistance from 9 the risk pool for the fiscal year beginning July 1, 2011, in 10 accordance with this section. The dates specified in this 11 section shall apply in lieu of the dates in section 426B.5, 12 subsection 2, and the temporary funding increase provided to 13 counties for the fiscal year beginning July 1, 2009, through 14 the federal American Recovery and Reinvestment Act of 2009, 15 Pub. L. No. 111-5, shall be disregarded. However, the other 16 basic eligibility requirements for risk pool assistance 17 and all other requirements in section 426B.5, subsection 2, 18 shall remain applicable. A county’s application for risk 19 pool assistance must be received by the department of human 20 services within 10 calendar days of the enactment date of this 21 section, the risk pool board shall make its final decisions 22 concerning the acceptance or rejection of the applications for 23 assistance within 15 working days of the final receipt date 24 for applications, and the warrants providing the assistance to 25 counties shall be issued within 15 working days of the date the 26 risk pool board’s funding decisions are issued. 27 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 28 immediate importance, takes effect upon enactment. 29 EXPLANATION 30 This bill authorizes applications for and expenditures from 31 the risk pool in the property tax relief fund for purposes of 32 county mental health and disability services for FY 2011-2012. 33 Code section 426B.5, subsection 2, establishes the risk pool 34 within the property tax relief fund to provide assistance to 35 -1- LSB 5711YH (3) 84 jp/sc 1/ 3

H.F. 2129 counties in funding adult mental health, mental retardation, 1 and developmental disabilities services. The risk pool is 2 administered by the department of human services. Under 2011 3 Iowa Acts, chapter 129, section 43, distributions were made to 4 counties to address waiting lists for such services. The bill 5 authorizes counties to apply to the risk pool for assistance 6 remaining from the distributions. 7 Basic eligibility and other requirements for risk pool 8 assistance under Code section 426B.5, other than date 9 requirements specified by the bill and disregard of the 10 temporary federal assistance provided through the federal 11 American Recovery and Reinvestment Act of 2009, remain 12 applicable. The following basic eligibility requirements 13 apply: the county complies with reporting requirements, the 14 county levied the maximum authorized for the fiscal year, and 15 the county’s ending balance in the fiscal year that commenced 16 two years prior to the fiscal year of application, after 17 disregarding the temporary federal assistance, was equal to or 18 less than 20 percent of the county’s actual gross expenditures 19 for that fiscal year. 20 Under Code section 426B.5, risk pool assistance shall only 21 be made available to address one or more of the following 22 circumstances: 23 (1) Continuing support for mandated services. 24 (2) Avoiding the need for reduction or elimination of 25 critical services when the reduction or elimination places 26 consumers’ health or safety at risk. 27 (3) Avoiding the need for reduction or elimination of a 28 mobile crisis team or other critical emergency services when 29 the reduction or elimination places the public’s health or 30 safety at risk. 31 (4) Avoiding the need for reduction or elimination of 32 the services or other support provided to entire disability 33 populations. 34 (5) Avoiding the need for reduction or elimination of 35 -2- LSB 5711YH (3) 84 jp/sc 2/ 3

H.F. 2129 services or other support that maintain consumers in a 1 community setting, creating a risk that the consumers would be 2 placed in more restrictive, higher cost settings. 3 The bill provides for the following dates to be used 4 relating to the assistance authorized by the bill: a county’s 5 application for risk pool assistance must be received by the 6 department of human services within 10 calendar days of the 7 enactment date of the bill, the risk pool board shall make its 8 final decisions concerning the acceptance or rejection of the 9 applications for assistance within 15 working days of the final 10 receipt date for applications, and the warrants providing the 11 assistance to counties shall be issued within 15 working days 12 of the date the risk pool board’s funding decisions are issued. 13 The bill takes effect upon enactment. 14 -3- LSB 5711YH (3) 84 jp/sc 3/ 3