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House Amendment 5478

Amendment Text

PAG LIN
  1  1    Amend Senate File 2442, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by striking line 30 and inserting the
  1  4 following:  
  1  5 "................................................. $  2,000,000"
  1  6    #2.  Page 6, by inserting after line 30 the
  1  7 following:
  1  8    "12.  The department of human services shall seek
  1  9 federal approval on or before August 1, 1996, for the
  1 10 implementation of a pilot program to allow medical
  1 11 assistance program reimbursement for payment of
  1 12 services provided by persons who provide a home and
  1 13 services to a total of seventy-five persons who
  1 14 currently reside in nursing homes.  The department, in
  1 15 cooperation with the department of elder affairs,
  1 16 shall develop a program which will result in a cost
  1 17 savings to the state or in cost neutrality, and shall
  1 18 develop parameters for the program which shall include
  1 19 but are not limited to all of the following:
  1 20    a.  A maximum income eligibility level, established
  1 21 by the department, which applies to persons providing
  1 22 a home and services and seeking reimbursement through
  1 23 the medical assistance program.
  1 24    b.  An evaluative component which enables the
  1 25 department to measure the financial and quality of
  1 26 life aspects of the pilot program in comparison with
  1 27 placement of a person in a nursing home.
  1 28    c.  A maximum reimbursement rate of $15,000,
  1 29 annually, for housing and services provided by the
  1 30 home provider under the pilot program.
  1 31    d.  Any other criteria necessary to implement the
  1 32 pilot program including but not limited to
  1 33 implementation in a manner which targets current
  1 34 nursing home residents in both rural and urban areas
  1 35 of the state.
  1 36    Contingent upon federal approval of a waiver, the
  1 37 department shall adopt administrative rules to
  1 38 establish the requirements for the alternative nursing
  1 39 home pilot project under this subsection." 
  1 40    #3.  Page 6, by inserting before line 31 the
  1 41 following:
  1 42    "   .  If funding is projected to be available
  1 43 within the amount appropriated in this section, the
  1 44 department shall implement the case study for outcome-
  1 45 based performance standards for programs serving
  1 46 persons with mental retardation or other developmental
  1 47 disabilities proposed pursuant to 1994 Iowa Acts,
  1 48 chapter 1170, section 56, and expend not more than
  1 49 $75,000 for the research associated with the case
  1 50 study.  The department shall adopt rules applicable to
  2  1 the programs included in the case study, request a
  2  2 waiver of applicable federal requirements, and take
  2  3 other actions deemed necessary by the department to
  2  4 implement the case study."
  2  5    #4.  Page 9, by striking line 13 and inserting the
  2  6 following:  
  2  7 "................................................. $  9,940,000"
  2  8    #5.  Page 9, line 16, by striking the figure
  2  9 "11,593,789" and inserting the following:
  2 10 "5,578,789".
  2 11    #6.  Page 11, by striking lines 6 through 25.
  2 12    #7.  Page 12, by striking line 1 and inserting the
  2 13 following:  
  2 14 "................................................. $ 12,300,000"
  2 15    #8.  Page 12, by inserting after line 34, the
  2 16 following:
  2 17    "5.  The department shall revise the administration
  2 18 of the JOBS program and shall reduce the duplication
  2 19 of staff efforts in providing orientation and
  2 20 assessment services to clients."
  2 21    #9.  By striking page 12, line 35 through page 15,
  2 22 line 23, and inserting the following:
  2 23    "Sec. 8.  CHILD SUPPORT RECOVERY.  There is
  2 24 appropriated from the general fund of the state to the
  2 25 department of revenue and finance for the fiscal year
  2 26 beginning July 1, 1996, and ending June 30, 1997, the
  2 27 following amount, or so much thereof as is necessary,
  2 28 to be used for the purposes designated:
  2 29    For child support recovery, including salaries,
  2 30 support, maintenance, and miscellaneous purposes and
  2 31 for not more than the following full-time equivalent
  2 32 positions:  
  2 33 .................................................. $  6,400,000
  2 34 ............................................... FTEs     226.22
  2 35    1.  The director of revenue and finance, within the
  2 36 limitations of the funds appropriated in this section,
  2 37 or funds transferred from the family investment
  2 38 program appropriation made in this Act for this
  2 39 purpose, shall establish new positions and add
  2 40 employees to the child support recovery unit if the
  2 41 director determines that both the current and
  2 42 additional employees together can reasonably be
  2 43 expected to maintain or increase net state revenue at
  2 44 or beyond the budgeted level.  If the director adds
  2 45 employees, the department shall demonstrate the cost-
  2 46 effectiveness of the current and additional employees
  2 47 by reporting to the joint appropriations subcommittee
  2 48 on human services the ratio of the total amount of
  2 49 administrative costs for child support recoveries to
  2 50 the total amount of the child support recovered.
  3  1    2.  Nonpublic assistance application and user fees
  3  2 received by the child support recovery program are
  3  3 appropriated and shall be used for the purposes of the
  3  4 child support recovery program.  The director of
  3  5 revenue and finance may add positions if fees
  3  6 collected relating to the new positions are sufficient
  3  7 to pay the salaries and support for the positions.
  3  8 The director shall report any positions added pursuant
  3  9 to this subsection to the chairpersons and ranking
  3 10 members of the joint appropriations subcommittee on
  3 11 human services and the legislative fiscal bureau.
  3 12    3.  The director of revenue and finance, in
  3 13 consultation with the department of management and the
  3 14 legislative fiscal committee, is authorized to receive
  3 15 and deposit state child support incentive earnings in
  3 16 the manner specified under applicable federal
  3 17 requirements.
  3 18    4.  The director of revenue and finance may
  3 19 establish new positions and add state employees to the
  3 20 child support recovery unit if the director determines
  3 21 the employees are necessary to replace county-funded
  3 22 positions eliminated due to termination, reduction, or
  3 23 nonrenewal of a chapter 28E contract.  However, the
  3 24 director must also determine that the resulting
  3 25 increase in the state share of child support recovery
  3 26 incentives exceeds the cost of the positions, the
  3 27 positions are necessary to ensure continued federal
  3 28 funding of the program, or the new positions can
  3 29 reasonably be expected to recover more than twice the
  3 30 amount of money to pay the salaries and support for
  3 31 the new positions.
  3 32    5.  The child support recovery unit shall continue
  3 33 to work with the judicial department to determine the
  3 34 feasibility of a pilot project utilizing a court-
  3 35 appointed referee for judicial determinations on child
  3 36 support matters.  The extent and location of any pilot
  3 37 project shall be jointly developed by the judicial
  3 38 department and the child support recovery unit.
  3 39    6.  The department shall expend up to $50,000,
  3 40 including federal financial participation, for the
  3 41 fiscal year beginning July 1, 1996, for a child
  3 42 support public awareness campaign.  The department
  3 43 shall cooperate with the office of the attorney
  3 44 general in continuation of the campaign.  The public
  3 45 awareness campaign shall emphasize, through a variety
  3 46 of media activities and through continuation of the
  3 47 publication of names of persons who are delinquent in
  3 48 payment of child support obligations, the importance
  3 49 of maximum involvement of both parents in the lives of
  3 50 their children as well as the importance of payment of
  4  1 child support obligations.
  4  2    7.  The department shall continue the pilot program
  4  3 option to provide and supervise a community service
  4  4 pilot project for absent parents who are ordered by
  4  5 the court to perform community service for failure to
  4  6 pay child support pursuant to section 598.23A.
  4  7    8.  The director of revenue and finance may enter a
  4  8 contract with private collection agencies to collect
  4  9 support payments for cases which have been identified
  4 10 by the department as difficult collection cases if the
  4 11 department determines that this form of collection is
  4 12 more cost effective than departmental collection
  4 13 methods.  The director may use a portion of the state
  4 14 share of funds collected through this means to pay the
  4 15 costs of any contracts authorized under this
  4 16 subsection.
  4 17    9.  The department shall employ on or before July
  4 18 2, 1996, at least 1.00 FTE to respond to telephone
  4 19 inquiries during all weekly business hours.
  4 20    10.  The department shall develop guidelines to be
  4 21 used in lieu of the child support guidelines
  4 22 prescribed under section 598.21, subsection 4, for
  4 23 establishing a support obligation and the amount of
  4 24 the support debt accrued and accruing pursuant to
  4 25 section 234.39 for the costs of foster care services.
  4 26 The proposed guidelines shall reflect the public
  4 27 purpose of establishing a support obligation without
  4 28 causing a serious disruption of the family of the
  4 29 obligor.  The department shall submit the proposed
  4 30 guidelines to the general assembly on or before
  4 31 January 15, 1997.
  4 32    11.  a.  The department of human services shall
  4 33 cooperate with the department of revenue and finance
  4 34 as necessary to transfer the child support recovery
  4 35 unit of the department of human services to the
  4 36 department of revenue and finance on July 1, 1996.
  4 37 The department of human services and the department of
  4 38 revenue and finance shall establish a work group to
  4 39 address, at a minimum, all of the issues listed in
  4 40 paragraph "b", and the department of revenue and
  4 41 finance shall submit a proposed legislative bill
  4 42 pursuant to section 2.16 prior to the convening of the
  4 43 1997 session of the general assembly which proposes
  4 44 for the general assembly's consideration all necessary
  4 45 and conforming amendments to the Code to reflect the
  4 46 transfer.
  4 47    b.  The work group shall address, at a minimum, all
  4 48 of the following issues and shall take any actions
  4 49 necessary to implement the transfer of the child
  4 50 support recovery unit:
  5  1    (1)  Any changes to the state plan relating to the
  5  2 transfer of child support enforcement and any federal
  5  3 approval of the changes in the state plan necessary
  5  4 for compliance with federal requirements.
  5  5    (2)  Allocation of funding to continue child
  5  6 support recovery enforcement services.
  5  7    (3)  Staffing changes including the establishment
  5  8 of new positions or addition of new employees.
  5  9    (4)  Proposal and adoption of rules necessary to
  5 10 implement the transfer.
  5 11    (5)  Any other issues necessary to implement the
  5 12 transfer.
  5 13    c.  The transition shall be accomplished without a
  5 14 change in the physical location of the agency.
  5 15    d.  The Code editor is directed to substitute the
  5 16 words "department of revenue and finance" for the
  5 17 words "department of human services" and the words
  5 18 "director of revenue and finance" for the words
  5 19 "director of human services" when there appears to be
  5 20 no doubt as to the intent to refer to the child
  5 21 support recovery unit within the department of human
  5 22 services as established in section 252B.2 or to the
  5 23 director of human services in relation to the child
  5 24 support recovery unit."
  5 25    #10.  Page 15, by striking lines 34 and 35 and
  5 26 inserting the following:  
  5 27 "................................................. $ 13,778,000
  5 28 ............................................... FTEs     320.77"
  5 29    #11.  Page 16, by striking lines 4 and 5, and
  5 30 inserting the following:  
  5 31 "................................................. $  5,130,000
  5 32 ............................................... FTEs     118.54"
  5 33    #12.  Page 16, by striking line 30 and inserting
  5 34 the following:  
  5 35 "................................................. $ 86,211,014"
  5 36    #13.  Page 21, by inserting after line 29 the
  5 37 following:
  5 38    "   .  Of the funds appropriated in this section,
  5 39 $731,014 shall be used by the department for child
  5 40 abuse prevention grants."
  5 41    #14.  Page 22, by striking line 4 and inserting the
  5 42 following:  
  5 43 "................................................. $  1,788,986"
  5 44    #15.  Page 23, by striking lines 16 through 18 and
  5 45 inserting the following:
  5 46    "3.  The legislative council is requested to
  5 47 establish a legislative interim committee during the
  5 48 1996 interim of the general assembly to evaluate the
  5 49 effectiveness of current and proposed adolescent
  5 50 pregnancy prevention programs." 
  6  1    #16.  Page 26, by striking line 10 and inserting
  6  2 the following:  
  6  3 "................................................. $ 41,527,000"
  6  4    #17.  Page 26, by striking line 21 and inserting
  6  5 the following:  
  6  6 "................................................. $ 16,940,000"
  6  7    #18.  Page 27, by inserting before line 27 the
  6  8 following:
  6  9    "   .  The department shall work with the
  6 10 department of management and the legislative fiscal
  6 11 bureau in reviewing revenues and expenditures
  6 12 attributable to the state hospital-schools and state
  6 13 mental health institutes, applicable fiscal
  6 14 procedures, and other information as necessary to
  6 15 develop a proposal to revise the manner of making
  6 16 appropriations to these state institutions and of
  6 17 accounting for reimbursements and expenditures so that
  6 18 in future fiscal years the amounts appropriated
  6 19 reflect the net amount of state funds needed.  The
  6 20 proposal shall be submitted to the general assembly on
  6 21 or before December 16, 1996.
  6 22       .  The superintendents of the state hospital-
  6 23 schools shall work with the department's
  6 24 administrative staff in reviewing the manner in which
  6 25 services and costs are combined for purposes of
  6 26 billing for medical assistance reimbursement at the
  6 27 state hospital-schools.  Following the review, the
  6 28 superintendents shall submit a proposal for revising
  6 29 the state hospital-schools' manner of billing for
  6 30 medical assistance reimbursement to be more comparable
  6 31 to other intermediate care facilities for the mentally
  6 32 retarded.  The proposal shall be submitted to the
  6 33 general assembly on or before December 16, 1996."
  6 34    #19.  Page 28, by striking line 18 and inserting
  6 35 the following:  
  6 36 "................................................. $  1,144,000"
  6 37    #20.  Page 33, by striking line 3 and inserting the
  6 38 following:  
  6 39 "................................................. $    300,000"
  6 40    #21.  Page 34, by striking line 1 and inserting the
  6 41 following:  
  6 42 "................................................. $  8,460,000"
  6 43    #22.  Page 34, by striking lines 6 through 13.
  6 44    #23.  Page 34, line 14, by striking the word and
  6 45 figure "3.  The" and inserting the following:  "2.
  6 46 Except as provided under the appropriation in this Act
  6 47 to the legislative council, the".
  6 48    #24.  By striking page 34, line 22, through page
  6 49 35, line 9, and inserting the following:  "Assembly.
  6 50    Sec.    .  DEPARTMENT OF HUMAN SERVICES
  7  1 RESTRUCTURING STUDY.  There is appropriated from the
  7  2 general fund of the state to the legislative council
  7  3 for the fiscal year beginning July 1, 1996, and ending
  7  4 June 30, 1997, the following amount, or so much
  7  5 thereof as is necessary, to be used for the purpose
  7  6 designated:
  7  7    For expenses associated with the activities of the
  7  8 work group for restructuring of the department of
  7  9 human services in accordance with this section:  
  7 10 .................................................. $    100,000
  7 11    1.  The interested members of the joint
  7 12 appropriations subcommittee on human services and
  7 13 other knowledgeable legislators shall be designated by
  7 14 the legislative council as a work group to develop a
  7 15 comprehensive proposal for restructuring of the
  7 16 department of human services and the functions
  7 17 performed by the department.  The work group may use
  7 18 the moneys appropriated in this section for technical
  7 19 assistance.  In addition, the work group may consult
  7 20 with service consumers, experts representative of
  7 21 organizations such as nonprofit service organizations,
  7 22 health insurers, and human services-oriented community
  7 23 organizations, and representatives of local
  7 24 governments.  The work group's report shall be
  7 25 completed prior to the convening of the Seventy-
  7 26 seventh General Assembly.  The work group may make
  7 27 recommendations for revising policies, operating
  7 28 procedures, and training methods as necessary to
  7 29 increase the department's responsiveness to the public
  7 30 and to improve the quality of the department's
  7 31 interaction with the public.
  7 32    The work group shall provide for public input
  7 33 concerning the four modification proposals developed
  7 34 by the department in response to proposed federal
  7 35 actions submitted to the joint appropriations
  7 36 subcommittee on human services in February 1996.
  7 37    The work group's consideration of the modification
  7 38 proposals may include the following:
  7 39    a.  A review of the child welfare modification
  7 40 proposal which may include input from representatives
  7 41 of the juvenile court, service providers, families
  7 42 receiving services, the attorney general,
  7 43 representatives of local governments, a department
  7 44 worker, and other citizens and officials.  The
  7 45 proposal shall also include a recommendation for
  7 46 transfer of the department of human services
  7 47 delinquent youth programs to the department of
  7 48 corrections.
  7 49    b.  A review of the mental health and developmental
  7 50 disabilities proposal which shall incorporate issues
  8  1 associated with implementation of the funding reform
  8  2 enacted in Senate File 69; usage of service providers
  8  3 such as intermediate care facilities for the mentally
  8  4 retarded, state institutions, and other services for
  8  5 persons with disabilities; distribution of services
  8  6 throughout the state; and other issues.
  8  7    c.  A review of the family investment program
  8  8 proposal which may include input from the work group
  8  9 which considered the state human investment policy
  8 10 proposal and which makes recommendations to the
  8 11 department concerning the family investment program.
  8 12 Consideration of issues associated with the proposal
  8 13 may include review of the emergency assistance
  8 14 program.
  8 15    d.  A review of the medical assistance proposal
  8 16 which may include input from representatives of the
  8 17 medical assistance advisory council, the long-term
  8 18 care resident's advocate, and consumer groups such as
  8 19 the Iowa affiliate of the American association of
  8 20 retired persons.
  8 21    2.  If federal law requires the state to make
  8 22 changes in the programs and services directed to the
  8 23 populations addressed by the modification proposals
  8 24 and authorizes the changes to be made without state
  8 25 legislation, the department shall adopt rules to
  8 26 implement the changes.  The rules shall be submitted
  8 27 to the work group for review and recommendation prior
  8 28 to their submission to the administrative rules review
  8 29 committee."
  8 30    #25.  Page 35, by striking lines 10 through 19.
  8 31    #26.  By striking page 35, line 27, through page
  8 32 36, line 6.
  8 33    #27.  Page 36, by inserting before line 7 the
  8 34 following:
  8 35    "Sec.    .  GAMBLERS ASSISTANCE FUND.  There is
  8 36 appropriated from the gamblers assistance fund to the
  8 37 department of human services for the fiscal year
  8 38 beginning July 1, 1996, and ending June 30, 1997, the
  8 39 following amount, or so much thereof as is necessary,
  8 40 to be used for the purposes designated:
  8 41    For general administration:  
  8 42 .................................................. $    600,000
  8 43    If the general assembly enacts a statute revising
  8 44 the name of the gamblers assistance fund created
  8 45 pursuant to section 99E.10, the appropriation in this
  8 46 section shall be deemed to be made from that fund."
  8 47    #28.  Page 39, line 32, by inserting after the word
  8 48 "state." the following:  "The department shall submit
  8 49 the proposal to the members of the joint
  8 50 appropriations subcommittee on human services on or
  9  1 before November 30, 1996."
  9  2    #29.  Page 40, by striking lines 1 through 4 and
  9  3 inserting the following:  "80th percentile."
  9  4    #30.  Page 41, line 27, by striking the figure
  9  5 "1,000,000" and inserting the following:  "1,732,704".
  9  6    #31.  Page 41, by striking lines 29 and 30 and
  9  7 inserting the following:  "hospital-schools, field
  9  8 operations, and general administration."
  9  9    #32.  Page 42, line 6, by striking the word "the"
  9 10 and inserting the following:  "any closed units or
  9 11 other".
  9 12    #33.  Page 42, by inserting after line 25 the
  9 13 following:
  9 14    "Sec.    .  REPORTS BY PROVIDERS OF FOSTER CARE
  9 15 SERVICES – REVIEW – PROCESS SIMPLIFICATION.  The
  9 16 department of human services shall consult with
  9 17 providers of rehabilitation treatment services
  9 18 relating to the medical assistance child services
  9 19 initiative in reviewing provider requirements relating
  9 20 to financial and statistical accountability reporting
  9 21 and the process for submission of the reports relating
  9 22 to these requirements.  Following this review, and no
  9 23 later than January 1, 1997, the department of human
  9 24 services shall implement a process which provides, at
  9 25 a minimum, for a simplified means of documenting
  9 26 compliance with federal provider accountability
  9 27 requirements which shall, at a minimum, include
  9 28 consolidation of the reports required and which may
  9 29 provide a means for submission of the reports in an
  9 30 electronic format."
  9 31    #34.  Page 45, by inserting after line 31 the
  9 32 following:
  9 33    "Sec. 101.  Section 252B.1, subsections 3 and 4,
  9 34 Code 1995, are amended to read as follows:
  9 35    3.  "Department" means the department of human
  9 36 services revenue and finance.
  9 37    4.  "Director" means the director of human services
  9 38 revenue and finance.
  9 39    Sec. 102.  Section 252B.2, Code 1995, is amended to
  9 40 read as follows:
  9 41    252B.2  UNIT ESTABLISHED.
  9 42    There is created within the department of human
  9 43 services revenue and finance a child support recovery
  9 44 unit for the purpose of providing the services
  9 45 required in sections 252B.3 to 252B.6.
  9 46    Sec. 103.  Section 252B.3, unnumbered paragraph 2,
  9 47 Code 1995, is amended to read as follows:
  9 48    The department of human services revenue and
  9 49 finance may negotiate a partial payment of a support
  9 50 obligation with a parent or other person responsible
 10  1 for the support of the child, provided that the
 10  2 negotiation and partial payment are consistent with
 10  3 applicable federal law and regulation.
 10  4    Sec. 104.  Section 252B.5, subsection 4, Code 1995,
 10  5 is amended to read as follows:
 10  6    4.  Assistance to set off against a debtor's income
 10  7 tax refund or rebate any debt, which is assigned to
 10  8 the department of human services or which the child
 10  9 support recovery unit is attempting to collect on
 10 10 behalf of any individual not eligible as a public
 10 11 assistance recipient, which has accrued through
 10 12 written contract, subrogation, or court judgment, and
 10 13 which is in the form of a liquidated sum due and owing
 10 14 for the care, support or maintenance of a child.  The
 10 15 department of human services revenue and finance shall
 10 16 promulgate adopt rules pursuant to chapter 17A
 10 17 necessary to assist the department of revenue and
 10 18 finance in the implementation of the child support
 10 19 setoff as established under section 421.17, subsection
 10 20 21."
 10 21    #35.  Page 47, line 5, by inserting after the word
 10 22 "unless" the following:  "the effective date is
 10 23 delayed by the administrative rules review committee
 10 24 or".
 10 25    #36.  Page 47, line 6, by inserting after the word
 10 26 "rules." the following:  "Any rules adopted in
 10 27 accordance with the provisions of this section shall
 10 28 not take effect before the rules are reviewed by the
 10 29 administrative rules review committee."
 10 30    #37.  Page 47, by inserting after line 11 the
 10 31 following:
 10 32    "   .  Section 3, subsection 12, relating to the
 10 33 alternative nursing home pilot program."
 10 34    #38.  Page 47, by inserting after line 13 the
 10 35 following:
 10 36    "   .  Section 8, subsection 11, relating to the
 10 37 transfer of the child support recovery unit from the
 10 38 department of human services to the department of
 10 39 revenue and finance."
 10 40    #39.  By renumbering, relettering, or redesignating
 10 41 and correcting internal references as necessary.  
 10 42 
 10 43 
 10 44                               
 10 45 COMMITTEE ON APPROPRIATIONS
 10 46 MILLAGE of Scott, Chairperson
 10 47 SF 2442.505 76
 10 48 pf/jw
     

Text: H05477                            Text: H05479
Text: H05400 - H05499                   Text: H Index
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