Text: H03211 Text: H03213 Text: H03200 - H03299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-3030, to Senate File 69, as 1 2 amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 20, by inserting after line 41 the 1 5 following: 1 6 "Sec. . Section 222.60, Code 1995, is amended 1 7 to read as follows: 1 8 222.60 COSTS PAID BY COUNTY OR STATE. 1 9 All necessary and legal expenses for the cost of 1 10 admission or commitment or for the treatment, 1 11 training, instruction, care, habilitation, support and 1 12 transportation of patients, as provided for in the 1 13 county management plan provisions implemented pursuant 1 14 to section 331.439, subsection 1, in a state hospital- 1 15 school forthe mentally retardedpersons with mental 1 16 retardation, or in a special unit, or any public or 1 17 private facility within or without the state, approved 1 18 by the director of the department of human services, 1 19 shall be paid by either: 1 20 1. The county in whichsuch personthe patient has 1 21 legal settlement as defined in section 252.16. 1 22 2. The state whensuch personthe patient has no 1 23 legal settlement or whensuchlegal settlement is 1 24 unknown." 1 25 #2. Page 24, line 14, by striking the figure 1 26 "1995" and inserting the following: "1996". 1 27 #3. Page 24, line 17, by striking the figure 1 28 "1994" and inserting the following: "1995". 1 29 #4. Page 24, line 20, by inserting after the word 1 30 "disabilities" the following: "services". 1 31 #5. Page 24, by striking lines 23 and 24, and 1 32 inserting the following: "shall be determined by the 1 33 county auditor, subject to the approval of the 1 34 department of management. A county which disagrees 1 35 with the adjustment and maximum amount proposed for 1 36 the county by the department of management may appeal 1 37 the determination to the state appeal board created in 1 38 section 24.26 which shall make a final determination." 1 39 #6. Page 24, line 49, by striking the words "for 1 40 the county expenditures for" and inserting the 1 41 following: "to counties for the costs of". 1 42 #7. Page 24, line 50, by striking the word 1 43 "assistance" and inserting the following: "services". 1 44 #8. Page 25, by inserting after line 4 the 1 45 following: 1 46 "Sec. 301. Section 331.438, subsection 3, 1 47 paragraph c, Code 1995, is amended by adding the 1 48 following new subparagraph: 1 49 NEW SUBPARAGRAPH. (15) Consider tort and other 1 50 liability issues associated with a county managing 2 1 mental health, mental retardation, and developmental 2 2 disabilities services in accordance with a fixed 2 3 budget and make recommendations to address the 2 4 issues." 2 5 #9. Page 25, line 14, by striking the word "fund." 2 6 and inserting the following: "fund and the amount of 2 7 allocations from the fund for property tax relief 2 8 pursuant to subsection 2 and for the adjustment factor 2 9 pursuant to subsection 5 shall be as specified in law 2 10 by the general assembly. There is appropriated to the 2 11 mental health, mental retardation, and developmental 2 12 disabilities property tax relief fund for the 2 13 indicated fiscal years from the general fund of the 2 14 state the following amounts: 2 15 a. For the fiscal year beginning July 1, 1995, 2 16 sixteen million dollars of which ten million dollars 2 17 is allocated to counties for property tax relief in 2 18 accordance with subsection 2 and six million dollars 2 19 is allocated to counties as the adjustment factor 2 20 pursuant to subsection 5. 2 21 b. For the fiscal year beginning July 1, 1996, 2 22 thirty million dollars. 2 23 c. For the fiscal year beginning July 1, 1997, 2 24 forty-seven million dollars. 2 25 d. For the fiscal year beginning July 1, 1998, 2 26 sixty-four million dollars. 2 27 e. For the fiscal year beginning July 1, 1999, and 2 28 succeeding fiscal years, eighty-one million dollars." 2 29 #10. Page 25, by striking lines 15 through 26 and 2 30 inserting the following: 2 31 "2. In each fiscal year, a county shall receive 2 32 for property tax relief the county's proportion of the 2 33 moneys in the relief fund allocated for property tax 2 34 relief. A county's proportion of the moneys shall be 2 35 equivalent to the sum of the following three factors: 2 36 a. One-third based upon the county's proportion of 2 37 the state's general population. 2 38 b. One-third based upon the county's proportion of 2 39 the state's total taxable property valuation assessed 2 40 for taxes payable in the previous fiscal year. 2 41 c. One-third based upon the county's proportion of 2 42 all counties' base year expenditures, as defined in 2 43 section 331.438." 2 44 #11. Page 25, line 27, by striking the word 2 45 "management" and inserting the following: "human 2 46 services". 2 47 #12. Page 25, line 30, by inserting after the word 2 48 "payable" the following: "quarterly". 2 49 #13. Page 25, by striking line 33 and inserting 2 50 the following: "county auditors by September 1, 3 1 December 1, March 1, and June 1 of each year." 3 2 #14. Page 25, line 37, by inserting after the word 3 3 "fund" the following: "for property tax relief". 3 4 #15. Page 25, by striking lines 40 and 41, and 3 5 inserting the following: "reduce the amount of the 3 6 county's certified budget to be raised by property 3 7 tax, for that fiscal year by an amount". 3 8 #16. Page 25, line 42, by inserting after the word 3 9 "receive" the following: "from the relief fund for 3 10 property tax relief pursuant to subsection 2". 3 11 #17. Page 25, by striking lines 46 and 47 and 3 12 inserting the following: "reduce the amount of the 3 13 county's certified budget to be raised from property 3 14 tax for a fiscal year in the amount equal to that 3 15 amount to be received by the county for property tax 3 16 relief pursuant to subsection 2 for the fiscal year." 3 17 #18. By striking page 25, line 48, through page 3 18 26, line 12, and inserting the following: 3 19 "5. In addition to moneys received by a county for 3 20 a fiscal year pursuant to subsection 2, the county may 3 21 be paid an adjustment factor payment for services 3 22 provided in accordance with the county's management 3 23 plan implemented pursuant to section 331.439 and paid 3 24 for from the county's services fund under section 3 25 331.424A. The amount of the adjustment factor payment 3 26 to a county is subject to the amount appropriated for 3 27 this purpose and shall be paid as provided by the 3 28 general assembly for that fiscal year." 3 29 #19. Page 26, line 13, by striking the words 3 30 "director of revenue and finance" and inserting the 3 31 following: "department of human services, in 3 32 consultation with the state-county management 3 33 committee,". 3 34 #20. Page 26, lines 34 and 35, by striking the 3 35 words "and mental retardation" and inserting the 3 36 following: ", mental retardation, and developmental 3 37 disabilities". 3 38 #21. Page 27, by striking lines 6 through 16 and 3 39 inserting the following: 3 40 "(2) For mental retardation and developmental 3 41 disabilities services management, the county must 3 42 contract with a state-approved managed care contractor 3 43 or develop and implement a managed system of care 3 44 which addresses a full array of appropriate services 3 45 and cost-effective delivery of services. The managed 3 46 system of care shall incorporate a single entry point 3 47 process developed in accordance with the provisions of 3 48 section 331.440. The elements of the managed system 3 49 of care shall be specified in rules developed by the 3 50 department in consultation with the state-county 4 1 management committee and adopted by the council on 4 2 human services. The county shall implement either the 4 3 state-approved contract or implement a comparable 4 4 system of care within six months of the date by which 4 5 the department approves a managed care contractor. In 4 6 fiscal years succeeding the fiscal year of initial 4 7 implementation this part of the plan shall be 4 8 submitted to the department of human services by April 4 9 1 for the succeeding fiscal year." 4 10 #22. Page 27, by inserting after line 20 the 4 11 following: 4 12 " . The county management plan shall address the 4 13 county's criteria for serving persons with chronic 4 14 mental illness, including any rationale used for 4 15 decision making regarding this population." 4 16 #23. Page 27, by striking lines 21 through 26 and 4 17 inserting the following: 4 18 " . If funding is available under the fixed 4 19 budget, a county that has not provided services to a 4 20 service population which is not included in the 4 21 service management provisions required under 4 22 subsection 1, may provide such services." 4 23 #24. Page 27, line 27, by striking the figure 4 24 "1995" and inserting the following: "1996". 4 25 #25. Page 27, line 33, by inserting after the 4 26 figure "331.424A." the following: "The amount of the 4 27 fixed budget shall be the amount specified for the 4 28 fiscal year in the county's management plan and 4 29 budgeted for such services." 4 30 #26. Page 27, by inserting after line 33 the 4 31 following: 4 32 " . A county shall implement the county's 4 33 management plan in a manner so as to provide adequate 4 34 funding for the entire fiscal year by budgeting for 4 35 ninety-nine percent of the funding anticipated to be 4 36 available for the plan." 4 37 #27. Page 27, line 40, by inserting after the word 4 38 "system" the following: "for mental health". 4 39 #28. Page 27, line 43, by inserting after the word 4 40 "elements" the following: "which shall be specified 4 41 in administrative rules adopted by the department in 4 42 consultation with the state-county management 4 43 committee". 4 44 #29. Page 28, by inserting after line 6 the 4 45 following: 4 46 "Sec. 101. Section 331.440, subsection 1, Code 4 47 1995, is amended by adding the following new 4 48 paragraph: 4 49 NEW PARAGRAPH. c. The single entry point process 4 50 shall include provision for the county's participation 5 1 in a management information system developed in 5 2 accordance with rules adopted pursuant to subsection 5 3 3." 5 4 #30. Page 28, line 15, by striking the figure 5 5 "1995" and inserting the following: "1996". 5 6 #31. Page 28, line 25, by striking the figure 5 7 "1995" and inserting the following: "1996". 5 8 #32. Page 28, by striking lines 28 through 31 and 5 9 inserting the following: "to the services fund, 5 10 including but not limited to moneys received by a 5 11 county under section 331.438A." 5 12 #33. Page 28, line 32, by striking the figure 5 13 "1995" and inserting the following: "1996". 5 14 #34. Page 28, line 44, by inserting after the word 5 15 "certified." the following: "the county auditor and 5 16 the board of supervisors shall reduce the amount of 5 17 the levy certified under this section by the amount of 5 18 property tax relief to be received." 5 19 #35. Page 29, by striking lines 15 through 20 and 5 20 inserting the following: "beginning July 1, 1995, 5 21 minus the amount by which the property tax relief 5 22 payment to be received by the county in the fiscal 5 23 year beginning July 1, 1996, exceeds the amount of the 5 24 property tax relief payment received in the fiscal 5 25 year beginning July 1, 1995, pursuant to section". 5 26 #36. By striking page 29, line 48, through page 5 27 30, line 5. 5 28 #37. Page 30, line 11, by striking the figure 5 29 "1996" and inserting the following: "1997". 5 30 #38. Page 30, by striking lines 14 through 18 and 5 31 inserting the following: "amount by which the 5 32 property tax relief payment to be received by the 5 33 county in the fiscal year beginning July 1, 1997, 5 34 exceeds the amount of the property tax relief payment 5 35 received by the county in the fiscal year beginning 5 36 July 1, 1996,". 5 37 #39. Page 30, by striking lines 25 through 29 and 5 38 inserting the following: "1997, minus the amount by 5 39 which the property tax relief payment to be received 5 40 by the county in the fiscal year beginning July 1, 5 41 1998, exceeds the amount of the property tax relief 5 42 payment received by the county in the fiscal year 5 43 beginning July 1, 1997,". 5 44 #40. Page 33, by striking lines 2 and 3 and 5 45 inserting the following: "treatment, and facilities 5 46 pursuant to". 5 47 #41. Page 33, by striking line 33 and inserting 5 48 the following: "LIMITATION FOR FISCAL YEAR 2000." 5 49 #42. By striking page 33, line 40, through page 5 50 34, line 6, and inserting the following: "amount by 6 1 which the property tax relief payment to be received 6 2 by the county in the fiscal year beginning July 1, 6 3 1999, exceeds the amount of the property tax relief 6 4 payment received by the county in the fiscal year 6 5 beginning July 1, 1998, pursuant to section 331.438A, 6 6 subsection 2, for each". 6 7 #43. Page 35, by striking lines 10 through 19 and 6 8 inserting the following: "calendar year 1997." 6 9 #44. Page 35, line 25, by striking the word 6 10 "years" and inserting the following: "year". 6 11 #45. Page 35, line 26, by striking the words and 6 12 figures "and July 1, 2000,". 6 13 #46. Page 35, by striking line 28 and inserting 6 14 the following: "issue of the United". 6 15 #47. Page 35, line 31, by striking the word 6 16 "years" and inserting the following: "year". 6 17 #48. Page 35, line 32, by striking the words and 6 18 figures "and July 1, 1999,". 6 19 #49. Page 35, by striking lines 45 through 48 and 6 20 inserting the following: "year beginning July 1, 6 21 1998, level". 6 22 #50. Page 36, line 1, by striking the word "years" 6 23 and inserting the following: "year". 6 24 #51. Page 36, line 2, by striking the words and 6 25 figures "and July 1, 2000,". 6 26 #52. Page 36, by striking lines 28 and 29 and 6 27 inserting the following: "treatment, and facilities 6 28 pursuant to". 6 29 #53. Page 37, by inserting before line 8 the 6 30 following: 6 31 "Sec. . Section 444.27, Code 1995, is amended 6 32 to read as follows: 6 33 444.27 SECTIONS VOID. 6 34 1. For purposes of section 444.25, sections 24.48 6 35 and 331.426 are void for the fiscal years beginning 6 36 July 1, 1993, and July 1, 1994. For purposes of 6 37 section 444.25A, sections 24.48 and 331.426 are void 6 38 for the fiscal years beginning July 1, 1995, and July 6 39 1, 1996. 6 40 2. For purposes of sections 444.25B and 444.25C, 6 41 sections 24.48 and 331.426 are void for the fiscal 6 42 years beginning July 1, 1997, July 1, 1998, and July 6 43 1, 1999." 6 44 #54. Page 37, by inserting after line 34 the 6 45 following: 6 46 "Sec. 201. DEPARTMENT OF HUMAN SERVICES &endash; ICFMR 6 47 REQUIREMENT. The department of human services shall 6 48 consult with the department of inspections and 6 49 appeals, the Iowa state association of counties, and 6 50 the Iowa association of rehabilitation and residential 7 1 facilities in adopting administrative rules 7 2 identifying optimum staffing ratios for intermediate 7 3 care facilities for the mentally retarded (ICFMR). 7 4 The administrative rules shall be implemented on or 7 5 before January 1, 1996. 7 6 Sec. . COUNTY ADJUSTMENT FACTOR PAYMENT &endash; 7 7 FISCAL YEAR 1995-1996. 7 8 1. For the fiscal year beginning July 1, 1995, the 7 9 adjustment factor payment from the mental health, 7 10 mental retardation, and developmental disabilities 7 11 property tax relief fund specified in section 331.438A 7 12 shall be paid as provided in this section. An 7 13 eligible county may apply to the department of human 7 14 services for an adjustment factor payment to reimburse 7 15 costs paid by the county in that fiscal year for 7 16 services to persons with mental illness, mental 7 17 retardation, or developmental disabilities in 7 18 accordance with the county's management plan approved 7 19 pursuant to section 331.439. Eligible costs shall be 7 20 limited to eligible consumers of services who were not 7 21 served in the previous fiscal year, unusual cost 7 22 increases, service cost inflation, and investments for 7 23 quality and efficiency improvements. Reimbursement 7 24 shall not be provided from the fund for applications 7 25 received after August 10, 1995. 7 26 2. Payment from the fund shall be limited to the 7 27 amount designated for this purpose and if applications 7 28 received exceed the available funding, payments shall 7 29 be prorated. The department of human services shall 7 30 notify the director of revenue and finance of the 7 31 amounts due a county under this section. The director 7 32 shall draw warrants on the relief fund payable to the 7 33 county treasurer in the amount due to each county. 7 34 The warrants shall be paid in a timely manner to 7 35 enable the county to accrue the payment in the 7 36 county's 1995-1996 fiscal year. 7 37 3. Notwithstanding section 8.33, moneys in the 7 38 relief fund allocated for the adjustment payment which 7 39 remain unobligated or unexpended at the close of the 7 40 fiscal year ending June 30, 1996, shall not revert to 7 41 the general fund of the state but shall remain 7 42 available for adjustment payments in the succeeding 7 43 fiscal year." 7 44 #55. Page 37, line 43, by inserting after the 7 45 figure "2." the following: "In addition, the 7 46 committee should consider proposals from counties and 7 47 other interested persons for a distribution formula 7 48 factor which rewards or provides incentives for 7 49 economy and efficiency in providing mental health, 7 50 mental retardation, and developmental disabilities 8 1 services; and a mechanism for a county to appeal to 8 2 the state if it is believed the county is unfairly 8 3 treated under an established funding formula." 8 4 #56. Page 37, by striking lines 46 through 48 and 8 5 inserting the following: 8 6 "Sec. . EFFECTIVE DATES. 8 7 1. Sections 40, 41, 42, 43, 44, 45, 46, and 51 of 8 8 this division of this Act take effect July 1, 1996, 8 9 and the tax-related provisions are applicable to taxes 8 10 paid in the fiscal year beginning July 1, 1996, and 8 11 succeeding fiscal years. 8 12 2. Sections 47, 48, 49, 50, 52, 101, and 201 of 8 13 this division of this Act, being deemed of immediate 8 14 importance, take effect upon enactment." 8 15 #57. Page 38, by striking lines 2 and 3 and 8 16 inserting the following: "equipment phase-in 8 17 exemption and reimbursement, mental health, mental 8 18 retardation, and developmental disabilities levies and 8 19 expenditures, providing appropriations, and providing 8 20 effective dates and applicability provisions." 8 21 8 22 8 23 8 24 HOUSER of Pottawattamie 8 25 8 26 8 27 8 28 VANDE HOEF of Osceola 8 29 SF 69.523 76 8 30 jp/jw
Text: H03211 Text: H03213 Text: H03200 - H03299 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/03200/H03212/950223.html
jhf