House
File
2466
-
Introduced
HOUSE
FILE
2466
BY
PRICHARD
,
BROWN-POWERS
,
JACOBY
,
COHOON
,
EHLERT
,
GAINES
,
OLSON
,
BRECKENRIDGE
,
HALL
,
HUNTER
,
STAED
,
WILBURN
,
THEDE
,
WILLIAMS
,
R.
SMITH
,
McCONKEY
,
ABDUL-SAMAD
,
WESSEL-KROESCHELL
,
SUNDE
,
BEARINGER
,
MATSON
,
KRESSIG
,
JUDGE
,
RUNNING-MARQUARDT
,
GASKILL
,
OLDSON
,
KACENA
,
M.
SMITH
,
KONFRST
,
McKEAN
,
DONAHUE
,
ANDERSON
,
STECKMAN
,
JAMES
,
and
NIELSEN
A
BILL
FOR
An
Act
establishing
a
mental
health
and
disability
services
1
risk
pool
and
risk
pool
board,
making
appropriations,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
426B.5A
Risk
pool.
1
1.
For
the
purposes
of
this
section,
unless
the
context
2
otherwise
requires:
3
a.
“County
services
fund”
means
the
same
as
defined
in
4
section
331.424A.
5
b.
“Mental
health
and
disability
services
region”
means
6
a
mental
health
and
disability
services
region
formed
in
7
accordance
with
section
331.389.
8
c.
“Regional
administrator”
means
the
regional
administrator
9
of
a
mental
health
and
disability
services
region,
as
defined
10
in
section
331.388.
11
2.
a.
A
risk
pool
is
created
in
the
property
tax
relief
12
fund
under
section
426B.1.
The
pool
shall
consist
of
the
13
moneys
credited
to
the
pool
by
law.
14
b.
For
each
fiscal
year
beginning
on
or
after
July
1,
2020,
15
there
is
appropriated
annually
from
the
general
fund
of
the
16
state
to
the
department
of
human
services
to
be
credited
to
the
17
risk
pool
twenty-four
million
two
hundred
thousand
dollars
to
18
be
used
as
provided
in
this
section.
19
3.
A
risk
pool
board
is
created.
The
board
shall
consist
20
of
two
county
supervisors,
two
county
auditors,
a
member
of
21
the
mental
health
and
disability
services
commission
created
22
under
section
225C.5
who
is
not
a
member
of
a
county
board
23
of
supervisors,
a
member
of
the
county
finance
committee
24
created
in
chapter
333A
who
is
not
an
elected
official,
a
25
representative
of
a
provider
of
mental
health
or
developmental
26
disabilities
services
selected
from
nominees
submitted
by
27
the
Iowa
association
of
community
providers,
and
two
staff
28
members
of
regional
administrators
of
county
mental
health
and
29
disability
services
regions,
all
appointed
by
the
governor,
30
and
one
member
appointed
by
the
director
of
human
services.
31
All
members
appointed
by
the
governor
shall
be
subject
to
32
confirmation
by
the
senate.
Members
shall
serve
for
three-year
33
terms.
A
vacancy
shall
be
filled
in
the
same
manner
as
the
34
original
appointment.
Expenses
and
other
costs
of
the
risk
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pool
board
members
representing
counties
shall
be
paid
by
the
1
county
of
origin.
Expenses
and
other
costs
of
risk
pool
board
2
members
who
do
not
represent
counties
shall
be
paid
from
a
3
source
determined
by
the
governor.
Staff
assistance
to
the
4
board
shall
be
provided
by
the
department
of
human
services
and
5
counties.
Actuarial
expenses
and
other
direct
administrative
6
costs
shall
be
charged
to
the
risk
pool.
7
4.
A
regional
administrator
must
apply
to
the
risk
pool
8
board
for
assistance
from
the
risk
pool
on
or
before
October
31
9
preceding
the
fiscal
year
for
which
assistance
is
requested.
10
The
purpose
of
the
assistance
shall
be
to
provide
financial
11
support
for
services
provided
by
one
or
more
of
the
counties
12
comprising
the
regional
administrator’s
mental
health
and
13
disability
services
region.
The
risk
pool
board
shall
make
its
14
final
decisions
on
or
before
December
15
regarding
acceptance
15
or
rejection
of
the
applications
for
assistance
and
the
total
16
amount
accepted
shall
be
considered
obligated.
17
5.
Basic
eligibility
for
risk
pool
assistance
requires
that
18
a
mental
health
and
disability
services
region
meet
all
of
the
19
following
conditions:
20
a.
The
mental
health
and
disability
services
region
is
in
21
compliance
with
the
regional
service
system
management
plan
22
requirements
of
section
331.393.
23
b.
The
counties
comprising
the
mental
health
and
disability
24
services
region
each
levied
the
maximum
amount
allowed
for
the
25
county’s
services
fund
under
section
331.424A
and
in
compliance
26
with
the
region’s
service
system
management
plan
for
the
fiscal
27
year
of
application
for
risk
pool
assistance.
28
c.
The
mental
health
and
disability
services
region’s
cash
29
flow
amount,
either
reserved
in
the
region’s
combined
account
30
or
reserved
among
all
separate
county
accounts
under
the
31
control
of
the
region’s
governing
board,
does
not
exceed
forty
32
percent
of
the
gross
expenditures
from
the
combined
account
or
33
from
all
separate
county
accounts
under
control
of
the
region’s
34
governing
board
for
the
fiscal
year
preceding
the
fiscal
year
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in
progress.
1
6.
The
risk
pool
board
shall
review
the
fiscal
year-end
2
financial
records
for
all
mental
health
and
disability
services
3
regions
that
are
granted
risk
pool
assistance.
If
the
board
4
determines
a
mental
health
and
disability
services
region’s
5
actual
need
for
risk
pool
assistance
was
less
than
the
amount
6
of
risk
pool
assistance
granted
to
the
mental
health
and
7
disability
services
region,
the
mental
health
and
disability
8
services
region
shall
refund
the
difference
between
the
amount
9
of
assistance
granted
and
the
actual
need.
The
mental
health
10
and
disability
services
region
shall
submit
the
refund
within
11
thirty
days
of
receiving
notice
from
the
board.
Refunds
shall
12
be
credited
to
the
risk
pool.
The
mental
health
and
disability
13
services
commission
shall
adopt
rules
pursuant
to
chapter
17A
14
providing
criteria
for
the
purposes
of
this
subsection
and
as
15
necessary
to
implement
the
other
provisions
of
this
section.
16
7.
The
risk
pool
board
shall
determine
application
17
requirements
to
ensure
prudent
use
of
risk
pool
assistance.
18
The
board
may
accept
or
reject
an
application
for
assistance
in
19
whole
or
in
part.
The
decision
of
the
board
is
final.
20
8.
The
total
amount
of
risk
pool
assistance
shall
be
limited
21
to
the
amount
available
in
the
risk
pool
for
a
fiscal
year.
Any
22
unobligated
balance
in
the
risk
pool
at
the
close
of
a
fiscal
23
year
shall
remain
in
the
risk
pool
for
distribution
in
the
24
succeeding
fiscal
year.
25
9.
Risk
pool
assistance
shall
only
be
made
available
to
26
address
one
or
more
of
the
following:
27
a.
Continuing
support
for
mandated
services
or
28
implementation
of
mandated
services.
29
b.
Avoiding
the
need
for
reduction
or
elimination
of
30
critical
services
when
the
reduction
or
elimination
places
31
consumers’
health
or
safety
at
risk.
32
c.
Avoiding
the
need
for
reduction
or
elimination
of
a
33
mobile
crisis
team
or
other
critical
emergency
services
when
34
the
reduction
or
elimination
places
the
public’s
health
or
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safety
at
risk.
1
d.
Avoiding
the
need
for
reduction
or
elimination
of
2
the
services
or
other
support
provided
to
entire
disability
3
populations.
4
e.
Avoiding
the
need
for
reduction
or
elimination
of
5
services
or
other
support
that
maintain
consumers
in
a
6
community
setting,
creating
a
risk
that
the
consumers
would
be
7
placed
in
more
restrictive,
higher
cost
settings.
8
f.
Implementing
the
children’s
behavioral
health
core
9
service
domains
under
section
331.397A.
10
10.
Subject
to
the
amount
available
and
obligated
from
11
the
risk
pool
for
a
fiscal
year,
the
department
of
human
12
services
shall
annually
calculate
the
amount
of
moneys
due
13
to
eligible
mental
health
and
disability
services
regions
in
14
accordance
with
the
risk
pool
board’s
decisions
and
that
amount
15
is
appropriated
from
the
risk
pool
to
the
department
of
human
16
services
for
payment
of
the
moneys
due.
The
department
shall
17
authorize
the
issuance
of
warrants
payable
to
the
mental
health
18
and
disability
services
regions
for
the
amounts
due
and
the
19
warrants
shall
be
issued
on
or
before
January
1.
20
11.
On
or
before
March
1
and
September
1
of
each
fiscal
21
year,
the
department
of
human
services
shall
provide
the
risk
22
pool
board
with
a
report
of
the
financial
condition
of
the
risk
23
pool.
24
12.
If
the
risk
pool
board
has
made
its
decisions
but
has
25
determined
that
there
are
otherwise
qualifying
requests
for
26
risk
pool
assistance
that
are
beyond
the
amount
available
in
27
the
risk
pool
fund
for
a
fiscal
year,
the
board
shall
compile
28
a
list
of
such
requests
and
the
supporting
information
for
29
the
requests.
The
list
and
information
shall
be
submitted
30
to
the
mental
health
and
disability
services
commission,
the
31
department
of
human
services,
and
the
general
assembly.
32
Sec.
2.
EMERGENCY
RULES.
The
mental
health
and
disability
33
services
commission,
in
accordance
with
the
consultation
34
requirements
of
section
426B.4,
may
adopt
emergency
rules
under
35
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section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
1
paragraph
“b”,
to
implement
the
provisions
of
this
Act
and
2
the
rules
shall
be
effective
immediately
upon
filing
unless
3
a
later
date
is
specified
in
the
rules.
Any
rules
adopted
4
in
accordance
with
this
section
shall
also
be
published
as
a
5
notice
of
intended
action
as
provided
in
section
17A.4.
6
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
7
importance,
takes
effect
upon
enactment.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
establishes
a
risk
pool
within
the
property
tax
12
relief
fund
under
Code
section
426B.1
to
provide
funds
to
13
mental
health
and
disability
services
regions
with
an
actual
14
need
for
risk
pool
assistance
funding
to
implement
or
continue
15
specified
required
mental
health
and
disability
services
for
16
adults
and
children.
In
addition
to
other
moneys
credited
17
to
the
risk
pool
by
law,
for
each
fiscal
year
beginning
on
18
or
after
July
1,
2020,
there
is
appropriated
$24.2
million
19
annually
from
the
general
fund
of
the
state
to
the
department
20
of
human
services
to
be
credited
to
the
risk
pool.
21
The
bill
creates
a
risk
pool
board.
The
board
shall
consist
22
of
two
county
supervisors,
two
county
auditors,
a
member
of
23
the
mental
health
and
disability
services
commission
who
is
24
not
a
member
of
a
county
board
of
supervisors,
a
member
of
the
25
county
finance
committee
who
is
not
an
elected
official,
a
26
representative
of
a
provider
of
mental
health
or
developmental
27
disabilities
services
selected
from
nominees
submitted
by
28
the
Iowa
association
of
community
providers,
and
two
staff
29
members
of
regional
administrators
of
county
mental
health
and
30
disability
services
regions,
all
appointed
by
the
governor,
31
and
one
member
appointed
by
the
director
of
human
services.
32
All
members
appointed
by
the
governor
shall
be
subject
to
33
confirmation
by
the
senate.
Members
shall
serve
for
three-year
34
terms.
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To
receive
funding,
a
regional
administrator
must
apply
1
to
the
risk
pool
board
for
assistance
from
the
risk
pool
on
2
or
before
October
31
preceding
the
fiscal
year
for
which
3
assistance
is
requested.
The
purpose
of
the
assistance
shall
4
be
to
provide
financial
support
for
services
provided
by
one
or
5
more
of
the
counties
comprising
the
regional
administrator’s
6
mental
health
and
disability
services
region.
The
risk
pool
7
board
shall
make
its
final
decisions
on
or
before
December
8
15
regarding
acceptance
or
rejection
of
the
applications
for
9
assistance
and
the
total
amount
accepted
shall
be
considered
10
obligated.
11
The
bill
establishes
basic
eligibility
for
risk
pool
12
assistance,
requires
the
risk
pool
board
to
review
the
fiscal
13
year-end
financial
records
for
all
mental
health
and
disability
14
services
regions
that
are
granted
risk
pool
assistance,
directs
15
the
risk
pool
board
to
determine
application
requirements
to
16
ensure
prudent
use
of
risk
pool
assistance,
and
establishes
the
17
circumstances
under
which
risk
pool
assistance
is
to
be
made
18
available.
19
The
bill
authorizes
the
mental
health
and
disability
20
services
commission
to
adopt
emergency
rules
to
implement
the
21
provisions
of
the
bill.
22
The
bill
takes
effect
upon
enactment.
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