Text: HF00533 Text: HF00535 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. FAMILY INVESTMENT PROGRAM. There is 1 2 appropriated from the general fund of the state to the 1 3 department of human services for the fiscal year beginning 1 4 July 1, 1995, and ending June 30, 1996, the following amount, 1 5 or so much thereof as is necessary, to be used for the purpose 1 6 designated: 1 7 For assistance under the family investment program under 1 8 chapter 239: 1 9 .................................................. $ 32,820,032 1 10 1. The department shall continue the special needs program 1 11 under the family investment program. 1 12 2. Notwithstanding section 239.6, the department is not 1 13 required to reconsider eligibility of family investment 1 14 program recipients every six months if a federal waiver is 1 15 granted. 1 16 3. The department may adopt emergency rules for the family 1 17 investment, food stamp, and medical assistance programs to 1 18 change or delete welfare reform initiatives that threaten the 1 19 integrity or continuation of the program or that are not cost- 1 20 effective. Prior to the adoption of rules, the department 1 21 shall consult with the welfare reform council, members of the 1 22 public involved in development of the policy established in 1 23 the 1993 session of the Seventy-fifth General Assembly, and 1 24 the chairpersons and ranking members of the human resources 1 25 committees of the senate and the house of representatives. 1 26 4. The department shall consolidate the individual 1 27 planning and agreement provisions of the family investment 1 28 program and the family development and self-sufficiency grant 1 29 program to ensure service coordination by providing that if a 1 30 recipient is participating in the grant program, the 1 31 recipient's family investment agreement shall be developed or 1 32 revised in consultation with the family development and self- 1 33 sufficiency grant program worker. 1 34 5. If funds are available, the department may contract for 1 35 implementation and expansion of individual development 2 1 accounts in accordance with chapter 541A. 2 2 Sec. 2. EMERGENCY ASSISTANCE. There is appropriated from 2 3 the general fund of the state to the department of human 2 4 services for the fiscal year beginning July 1, 1995, and 2 5 ending June 30, 1996, the following amount, or so much thereof 2 6 as is necessary, to be used for the purpose designated: 2 7 For emergency assistance to families with dependent 2 8 children for homeless prevention programs: 2 9 .................................................. $ 1,767,500 2 10 The emergency assistance provided for in this section shall 2 11 be available beginning October 1 of the fiscal year and shall 2 12 be provided only if all other publicly funded resources have 2 13 been exhausted. Specifically, emergency assistance is the 2 14 program of last resort and shall not supplant assistance 2 15 provided by the low-income home energy assistance program 2 16 (LIHEAP), county general relief, and veterans affairs 2 17 programs. The department shall establish a $500 maximum 2 18 payment, per family, in a twelve-month period. The emergency 2 19 assistance includes, but is not limited to, assisting people 2 20 who face eviction, potential eviction, or foreclosure, utility 2 21 shutoff or fuel shortage, loss of heating energy supply or 2 22 equipment, homelessness, utility or rental deposits, or other 2 23 specified crisis which threatens family or living 2 24 arrangements. The emergency assistance shall be available to 2 25 migrant families who would otherwise meet eligibility 2 26 criteria. The department may adopt emergency rules to 2 27 implement the program including eligibility criteria and 2 28 benefit levels. The department may contract for the 2 29 administration and delivery of the program. The program shall 2 30 be terminated when funds are exhausted. 2 31 Sec. 3. MEDICAL ASSISTANCE. There is appropriated from 2 32 the general fund of the state to the department of human 2 33 services for the fiscal year beginning July 1, 1995, and 2 34 ending June 30, 1996, the following amount, or so much thereof 2 35 as is necessary, to be used for the purpose designated: 3 1 For medical assistance, including reimbursement for 3 2 abortion services, which shall be available under the medical 3 3 assistance program only for those abortions which are 3 4 medically necessary: 3 5 .................................................. $351,496,521 3 6 1. Medically necessary abortions are those performed under 3 7 any of the following conditions: 3 8 a. The attending physician certifies that continuing the 3 9 pregnancy would endanger the life of the pregnant woman. 3 10 b. The attending physician certifies that the fetus is 3 11 physically deformed, mentally deficient, or afflicted with a 3 12 congenital illness. 3 13 c. The pregnancy is the result of a rape which is reported 3 14 within 45 days of the incident to a law enforcement agency or 3 15 public or private health agency which may include a family 3 16 physician. 3 17 d. The pregnancy is the result of incest which is reported 3 18 within 150 days of the incident to a law enforcement agency or 3 19 public or private health agency which may include a family 3 20 physician. 3 21 e. Any spontaneous abortion, commonly known as a 3 22 miscarriage, if not all of the products of conception are 3 23 expelled. 3 24 2. Notwithstanding section 8.39, the department may 3 25 transfer funds appropriated in this section to a separate 3 26 account established in the department's case management unit 3 27 for expenditures required to provide case management services 3 28 for mental health, mental retardation, and developmental 3 29 disabilities services under medical assistance which are 3 30 jointly funded by the state and county, pending final 3 31 settlement of the expenditures. Funds received by the case 3 32 management unit in settlement of the expenditures shall be 3 33 used to replace the transferred funds and are available for 3 34 the purposes for which the funds were appropriated in this 3 35 section. 4 1 3. If a medical assistance recipient is more than 17 years 4 2 of age and is receiving care which is reimbursed under a 4 3 federally approved home and community-based services waiver 4 4 but would otherwise be approved for care in an intermediate 4 5 care facility for the mentally retarded, the recipient's 4 6 county of legal settlement shall reimburse the department on a 4 7 monthly basis for the portion of the recipient's cost of care 4 8 which is not paid from federal funds. 4 9 4. a. The county of legal settlement shall be billed for 4 10 50 percent of the nonfederal share of the cost of case 4 11 management provided for adults, day treatment, and partial 4 12 hospitalization in accordance with sections 249A.26 and 4 13 249A.27, and 100 percent of the nonfederal share of the cost 4 14 of care which is reimbursed under a federally approved home 4 15 and community-based waiver that would otherwise be approved 4 16 for provision in an intermediate care facility for the 4 17 mentally retarded, provided under the medical assistance 4 18 program for persons with mental retardation, a developmental 4 19 disability, or chronic mental illness. The state shall have 4 20 responsibility for the remaining 50 percent of the nonfederal 4 21 share of the cost of case management provided for adults, day 4 22 treatment, and partial hospitalization. For persons without a 4 23 county of legal settlement, the state shall have 4 24 responsibility for 100 percent of the nonfederal share of the 4 25 cost of case management provided for adults, day treatment, 4 26 partial hospitalization, and the home and community-based 4 27 waiver services. Those services specified in this subsection 4 28 shall be billed to a county only if the services are provided 4 29 outside of a managed care contract. 4 30 b. The state shall pay the entire nonfederal share of the 4 31 costs for case management services provided to persons 17 4 32 years of age or younger who are served in a medical assistance 4 33 home and community-based waiver program for persons with 4 34 mental retardation. 4 35 c. Medical assistance funding for case management services 5 1 for eligible persons 17 years of age and under shall also be 5 2 provided to persons residing in counties with child welfare 5 3 decategorization projects implemented in accordance with 5 4 section 232.188, provided these projects have included these 5 5 persons in their service plan and the decategorization project 5 6 county is willing to provide the nonfederal share of costs. 5 7 d. The state shall pay the entire nonfederal share of 5 8 intermediate care facilities for the mentally retarded (ICFMR) 5 9 costs for eligible persons 17 years of age and younger. 5 10 e. When paying the necessary and legal expenses of 5 11 intermediate care facilities for the mentally retarded 5 12 (ICFMR), the cost payment requirements of section 222.60 shall 5 13 be considered fulfilled when payment is made in accordance 5 14 with the medical assistance payment rates established for 5 15 ICFMRs by the department and the state or a county of legal 5 16 settlement is not obligated for any amount in excess of the 5 17 rates. 5 18 5. The department may adopt and implement emergency rules 5 19 regarding a prepaid mental health services plan for medical 5 20 assistance patients. The rules shall include but not be 5 21 limited to service provider standards, service reimbursement, 5 22 and funding mechanisms. Notwithstanding the provisions of 5 23 subsection 4, paragraph "a", of this section and section 5 24 249A.26, requiring counties to pay all or part of the 5 25 nonfederal share of certain services provided to persons with 5 26 disabilities under the medical assistance program, the state 5 27 shall pay 100 percent of the nonfederal share of any services 5 28 included in the plan implemented pursuant to this subsection. 5 29 6. The department shall utilize not more than $60,000 of 5 30 the funds appropriated in this section to continue the 5 31 AIDS/HIV health insurance premium payment program as 5 32 established in 1992 Iowa Acts, Second Extraordinary Session, 5 33 Chapter 1001, section 409, subsection 6. Of the funds 5 34 allocated in this subsection, not more than $10,000 may be 5 35 expended for administrative purposes. 6 1 7. Contingent upon federal approval of a waiver, the 6 2 department shall adopt rules to establish the requirements for 6 3 the alternative nursing home pilot project. 6 4 8. The department of human services shall develop and 6 5 implement a medical assistance home and community-based waiver 6 6 for persons with brain injury who currently reside in a 6 7 medical institution and who have been residents of a medical 6 8 institution for a minimum of thirty days. 6 9 9. Of the funds appropriated to the Iowa department of 6 10 health for substance abuse grants, $950,000 for the fiscal 6 11 year beginning July 1, 1995, shall be transferred to the 6 12 department of human services to implement an integrated 6 13 substance abuse managed care system. The department of human 6 14 services in conjunction with the Iowa department of health and 6 15 other appropriate state agencies may adopt and implement 6 16 emergency rules to establish a prepaid substance abuse 6 17 treatment plan for medical assistance recipients. The rules 6 18 shall include but are not limited to defining the structure of 6 19 the program, establishing the scope of services to be provided 6 20 in the program, establishing client eligibility for prepaid 6 21 substance abuse treatment services, establishing the basis and 6 22 the rate of reimbursement for the program defining the 6 23 expected outcome measures of the program and defining a client 6 24 appeals process. 6 25 10. a. The department shall require prior authorization 6 26 for any brand name prescription drug which has an "A" rated 6 27 generic bioequivalent as determined by the federal food and 6 28 drug administration. The department shall establish an 6 29 educational program through the drug utilization review 6 30 commission to review and encourage the use of these "A" rated 6 31 generic equivalents within the medical assistance program. 6 32 The department may adopt emergency rules to implement the 6 33 provisions of this subsection. 6 34 b. The department of human services shall, when it is 6 35 economically beneficial, implement maximum allowable costs for 7 1 multiple source drugs in accordance with federal guidelines. 7 2 c. The department shall require prior authorization for 7 3 full therapeutic dose levels of histamine H2 receptor 7 4 antagonists and sucralfate beyond 60 days of therapy. 7 5 d. The department shall review the feasibility of assuming 7 6 responsibility for administratively pursuing reimbursement for 7 7 pharmacy services for which a recipient of medical assistance 7 8 also has third-party coverage. The department shall submit a 7 9 report of the department's findings and recommendations to the 7 10 chairpersons and ranking members of the joint appropriations 7 11 subcommittee on human services on or before January 15, 1996. 7 12 11. The department shall implement strategies to address 7 13 administrative and provider concerns associated with 7 14 discretionary medical assistance provided to individuals and 7 15 families pursuant to section 249A.3, subsection 4, and the 7 16 provisions relating to the expenditure of income to a level 7 17 which qualifies the individual or family as eligible for par- 7 18 ticipation in the medical assistance program. The department 7 19 shall submit a report regarding the strategies implemented to 7 20 the general assembly on or before November 30, 1995. 7 21 12. The department may seek qualification of supervised 7 22 community treatment for children under the medical assistance 7 23 program. 7 24 Sec. 4. MEDICAL CONTRACTS. There is appropriated from the 7 25 general fund of the state to the department of human services 7 26 for the fiscal year beginning July 1, 1995, and ending June 7 27 30, 1996, the following amount, or so much thereof as is 7 28 necessary, to be used for the purpose designated: 7 29 For medical contracts: 7 30 .................................................. $ 6,226,400 7 31 1. The department shall continue to contract for drug 7 32 utilization review under the medical assistance program. 7 33 2. The department may use not more than $22,500 of the 7 34 funds appropriated in this section for contracting for the 7 35 rebasing-recalibration of the ambulatory patient grouping 8 1 system. 8 2 3. The department may use not more than $75,000 of the 8 3 funds appropriated in this section for the independent 8 4 evaluation of the prepaid mental health services plan. 8 5 Sec. 5. STATE SUPPLEMENTARY ASSISTANCE. There is 8 6 appropriated from the general fund of the state to the 8 7 department of human services for the fiscal year beginning 8 8 July 1, 1995, and ending June 30, 1996, the following amount, 8 9 or so much thereof as is necessary, to be used for the purpose 8 10 designated: 8 11 For state supplementary assistance: 8 12 .................................................. $ 19,115,000 8 13 1. The department shall increase the personal needs 8 14 allowance for residents of residential care facilities by the 8 15 same percentage and at the same time as federal supplemental 8 16 security income and federal social security benefits are 8 17 increased due to a recognized increase in the cost of living. 8 18 The department may adopt emergency rules to implement the 8 19 provisions of this subsection. 8 20 2. If during the fiscal year beginning July 1, 1995, the 8 21 department projects that state supplementary assistance 8 22 expenditures for a calendar year will not meet the federal 8 23 pass-along requirement specified in Title XVI of the federal 8 24 Social Security Act, section 1618, as codified in 42 U.S.C. } 8 25 1382g, or that expenditures in the fiscal year will exceed the 8 26 amount appropriated, the department may take actions including 8 27 but not limited to increasing the personal needs allowance for 8 28 residential care facility residents and making programmatic 8 29 adjustments or upward or downward adjustments of the 8 30 residential care facility or in-home health-related care 8 31 reimbursement rates prescribed in this Act to ensure that 8 32 federal requirements are met and that expenditures do not 8 33 exceed the appropriation in this section. The department may 8 34 adopt emergency rules to implement the provisions of this 8 35 subsection. 9 1 Sec. 6. CHILD DAY CARE ASSISTANCE. There is appropriated 9 2 from the general fund of the state to the department of human 9 3 services for the fiscal year beginning July 1, 1995, and 9 4 ending June 30, 1996, the following amount, or so much thereof 9 5 as is necessary, to be used for the purposes designated: 9 6 For protective child day care assistance, state child care 9 7 assistance, child day care resource and referral services, and 9 8 transitional child care assistance: 9 9 .................................................. $ 7,747,259 9 10 1. Of the funds appropriated in this section, $2,496,286 9 11 shall be used for protective child day care assistance. 9 12 2. Of the funds appropriated in this section, $2,930,934 9 13 shall be used for state child care assistance. 9 14 3. Based upon the availability of the funding provided in 9 15 subsection 2 the department shall establish waiting lists for 9 16 state child care assistance in descending order of 9 17 prioritization as follows: 9 18 a. Families who are at or below 100 percent of the federal 9 19 poverty level and are employed at least 30 hours a week. 9 20 b. Parents under the age of 21 who are employed full-time 9 21 or part-time or who are participating in an approved training 9 22 program or who are enrolled in an education program. 9 23 c. Families who are at or below 155 percent of the federal 9 24 poverty level who have a special needs child. 9 25 d. Families who are at or below 100 percent of the federal 9 26 poverty level who are employed part-time at least 20 hours per 9 27 week. 9 28 4. a. For state child care assistance, eligibility shall 9 29 be limited to children whose family income is equal to or less 9 30 than 100 percent of the federal office of management and 9 31 budget poverty guidelines. However, on or after October 1, 9 32 1995, the department may increase the income eligibility limit 9 33 to be equal to or less than 75 percent of the Iowa median 9 34 family income. 9 35 b. The department may adopt emergency rules to comply with 10 1 the federal child care development block grant and federal at- 10 2 risk child care program; to streamline the existing day care 10 3 program; and to deliver the services within state and federal 10 4 funds appropriated. 10 5 c. Nothing in this section shall be construed or is 10 6 intended as, or shall imply, a grant of entitlement for 10 7 services to persons who are eligible for assistance due to an 10 8 income level consistent with the requirements of this section. 10 9 Any state obligation to provide services pursuant to this 10 10 section is limited to the extent of the funds appropriated in 10 11 this section. 10 12 5. Of the funds appropriated in this section, $640,270 is 10 13 allocated for the statewide program for child day care 10 14 resource and referral services under section 237A.26. 10 15 6. The department may use any of the funds appropriated in 10 16 this section as a match to obtain federal funds for use in 10 17 expanding child day care assistance and related programs. 10 18 7. Of the funds appropriated in this section, $1,679,769 10 19 shall be used for transitional child care assistance. 10 20 8. During the 1995-1996 fiscal year, the department shall 10 21 utilize the moneys deposited in the child day care credit fund 10 22 created in section 237A.28 for state child care assistance, in 10 23 addition to the moneys appropriated for that purpose in this 10 24 section. 10 25 Sec. 7. JOBS PROGRAM. There is appropriated from the 10 26 general fund of the state to the department of human services 10 27 for the fiscal year beginning July 1, 1995, and ending June 10 28 30, 1996, the following amount, or so much thereof as is 10 29 necessary, to be used for the purposes designated: 10 30 For the federal-state job opportunities and basic skills 10 31 (JOBS) program, food stamp employment and training program, 10 32 family development and self-sufficiency grants, 10 33 entrepreneurial training, and implementing family investment 10 34 agreements, in accordance with this section: 10 35 .................................................. $ 11,935,189 11 1 1. Of the funds appropriated in this section, $11,025,889 11 2 is allocated for the JOBS program. 11 3 2. The department shall continue to contract for services 11 4 in developing, delivering, and monitoring an entrepreneural 11 5 training waiver program to provide technical assistance in 11 6 self-employment training to families which receive assistance 11 7 under the family investment program, contingent upon federal 11 8 approval of waiver renewal requests. 11 9 3. Of the funds appropriated in this section, $129,985 is 11 10 allocated for the food stamp employment and training program. 11 11 4. Of the funds appropriated in this section, $779,315 is 11 12 allocated to the family development and self-sufficiency grant 11 13 program as provided under section 217.12. 11 14 a. Not more than 5 percent of the funds allocated in this 11 15 subsection shall be used for the administration of the grant 11 16 program. 11 17 b. Federal funding matched by state, county, or other 11 18 funding which is not appropriated in this section shall be 11 19 deposited in the department's JOBS account. If the match 11 20 funding is generated by a family development and self- 11 21 sufficiency grantee, the federal funding received shall be 11 22 used to expand the family development and self-sufficiency 11 23 grant program. If the match funding is generated by another 11 24 source, the federal funding received shall be used to expand 11 25 the grant program or the JOBS program. The department may 11 26 adopt emergency rules to implement the provisions of this 11 27 paragraph. 11 28 c. Based upon the annual evaluation report concerning each 11 29 grantee funded by this allocation, the family development and 11 30 self-sufficiency council may use funds allocated to renew 11 31 grants. 11 32 Sec. 8. CHILD SUPPORT RECOVERY. There is appropriated 11 33 from the general fund of the state to the department of human 11 34 services for the fiscal year beginning July 1, 1995, and 11 35 ending June 30, 1996, the following amount, or so much thereof 12 1 as is necessary, to be used for the purposes designated: 12 2 For child support recovery, including salaries, support, 12 3 maintenance, and miscellaneous purposes and for not more than 12 4 the following full-time equivalent positions: 12 5 .................................................. $ 6,385,265 12 6 ............................................... FTEs 225.22 12 7 1. The director of human services, within the limitations 12 8 of the funds appropriated in this section, or funds 12 9 transferred from the family investment program for this 12 10 purpose, shall establish new positions and add employees to 12 11 the child support recovery unit if the director determines 12 12 that both the current and additional employees together can 12 13 reasonably be expected to maintain or increase net state 12 14 revenue at or beyond the budgeted level. If the director adds 12 15 employees, the department shall demonstrate the cost- 12 16 effectiveness of the current and additional employees by 12 17 reporting to the joint appropriations subcommittee on human 12 18 services the ratio of the total amount of administrative costs 12 19 for child support recoveries to the total amount of the child 12 20 support recovered. 12 21 2. Nonpublic assistance application and user fees received 12 22 by the child support recovery program are appropriated and 12 23 shall be used for the purposes of the child support recovery 12 24 program. The director of human services may add positions if 12 25 fees collected relating to the new positions are sufficient to 12 26 pay the salaries and support for the positions. The director 12 27 shall report any positions added pursuant to this subsection 12 28 to the chairpersons and ranking members of the joint 12 29 appropriations subcommittee on human services and the 12 30 legislative fiscal bureau. 12 31 3. The director of human services, in consultation with 12 32 the department of management and the legislative fiscal 12 33 committee, is authorized to receive and deposit state child 12 34 support incentive earnings in the manner specified under 12 35 applicable federal requirements. 13 1 4. The director of human services may establish new 13 2 positions and add state employees to the child support 13 3 recovery unit if the director determines the employees are 13 4 necessary to replace county-funded positions eliminated due to 13 5 termination, reduction, or nonrenewal of a chapter 28E 13 6 contract. However, the director must also determine that the 13 7 resulting increase in the state share of child support 13 8 recovery incentives exceeds the cost of the positions, the 13 9 positions are necessary to ensure continued federal funding of 13 10 the program, or the new positions can reasonably be expected 13 11 to recover more than twice the amount of money to pay the 13 12 salaries and support for the new positions. 13 13 5. The child support recovery unit shall continue to work 13 14 with the judicial department to determine the feasibility of a 13 15 pilot project utilizing a court-appointed referee for judicial 13 16 determinations on child support matters. The extent and 13 17 location of any pilot project shall be jointly developed by 13 18 the judicial department and the child support recovery unit. 13 19 6. The department may spend up to $50,000, including 13 20 federal financial participation, for the fiscal year beginning 13 21 July 1, 1995, for continuation of the child support public 13 22 awareness campaign. The department shall continue to 13 23 cooperate with the office of the attorney general in 13 24 continuation of the campaign. 13 25 7. The director of human services may enter a contract 13 26 with private collection agencies to collect support payments 13 27 for cases which have been identified by the department as 13 28 difficult collection cases if the department determines that 13 29 this form of collection is more cost effective than 13 30 departmental collection methods. The director may use a 13 31 portion of the state share of funds collected through this 13 32 means to pay the costs of any contracts authorized under this 13 33 subsection. 13 34 Sec. 9. JUVENILE INSTITUTIONS. There is appropriated from 13 35 the general fund of the state to the department of human 14 1 services for the fiscal year beginning July 1, 1995, and 14 2 ending June 30, 1996, the following amount, or so much thereof 14 3 as is necessary, to be used for the purposes designated: 14 4 For the operation of the state training school and the Iowa 14 5 juvenile home, including salaries, support, maintenance, and 14 6 miscellaneous purposes and for not more than the following 14 7 full-time equivalent positions: 14 8 For the state juvenile institutions: 14 9 .................................................. $ 13,487,062 14 10 ............................................... FTEs 320.77 14 11 1. The following amounts of the funds appropriated and 14 12 full-time equivalent positions authorized in this section are 14 13 allocated for the Iowa juvenile home at Toledo: 14 14 .................................................. $ 4,984,184 14 15 ............................................... FTEs 118.54 14 16 2. The following amounts of the funds appropriated and 14 17 full-time equivalent positions authorized in this section are 14 18 allocated for the state training school at Eldora: 14 19 .................................................. $ 8,502,878 14 20 ............................................... FTEs 202.23 14 21 3. During the fiscal year beginning July 1, 1995, the 14 22 population levels at the state juvenile institutions shall not 14 23 exceed the population guidelines established under 1990 Iowa 14 24 Acts, chapter 1239, section 21. 14 25 4. Each state juvenile institution shall apply for 14 26 adolescent pregnancy prevention grants for the fiscal year 14 27 beginning July 1, 1995. 14 28 5. Within the funds appropriated in this section, the 14 29 department may reallocate funds as necessary to best fulfill 14 30 the needs of the institutions provided for in the 14 31 appropriation. 14 32 Sec. 10. CHILD AND FAMILY SERVICES. There is appropriated 14 33 from the general fund of the state to the department of human 14 34 services for the fiscal year beginning July 1, 1995, and 14 35 ending June 30, 1996, the following amount, or so much thereof 15 1 as is necessary, to be used for the purpose designated: 15 2 For child and family services: 15 3 ................................................. $ 83,022,584 15 4 1. The department may transfer moneys appropriated in this 15 5 section as necessary to pay the nonfederal costs of services 15 6 reimbursed under medical assistance or the family investment 15 7 program which are provided to children who would otherwise 15 8 receive services paid under the appropriation in this section. 15 9 The department may transfer funds appropriated in this section 15 10 to the appropriations in this Act for general administration 15 11 and for field operations for resources necessary to implement 15 12 and operate the services funded in this section. 15 13 2. a. Of the funds appropriated in this section, up to 15 14 $20,937,703 is allocated for group foster care maintenance and 15 15 services. For the fiscal year beginning July 1, 1995, the 15 16 statewide target, as provided in section 232.143, for the 15 17 average number of children placed in group foster care 15 18 services in any day of the fiscal year which are a charge upon 15 19 or paid for by the state shall be 1,220. Notwithstanding the 15 20 statewide target established in this subsection and sections 15 21 232.52, 232.102, 232.117, 232.127, and 232.182, a target 15 22 established in a region's group foster care plan developed 15 23 pursuant to section 232.143 may be exceeded, a group foster 15 24 care placement may be ordered, and state payment may be made 15 25 if a clinical assessment and consultation team finds that the 15 26 placement is necessary to meet the child's needs. If the 15 27 daily average target established in a region's group foster 15 28 care plan is exceeded, the department and courts in that 15 29 region shall refer at least five percent of the region's group 15 30 foster care placements to a clinical assessment and 15 31 consultation team to determine if alternative services would 15 32 meet the child's service needs and to assist the region in 15 33 reducing the number of children in group foster care 15 34 placements in the regional target within 45 days from the date 15 35 the target was exceeded. The department and the courts shall 16 1 work together to ensure that a region's group foster care 16 2 expenditures shall not exceed the funds allocated to the 16 3 region for group foster care placements in the 1995-1996 16 4 fiscal year. The department may adopt emergency rules to 16 5 implement the provisions of this paragraph. 16 6 b. In each quarter of the fiscal year, the department 16 7 shall compare the actual number of group foster care 16 8 placements in a region and the targets allocated to the region 16 9 for that quarter. The department shall develop a methodology 16 10 to provide, within the funds allocated in this subsection, 16 11 fiscal incentives to regions which have reduced the number or 16 12 length of group foster care placements. 16 13 c. The department shall report quarterly to the 16 14 legislative fiscal bureau concerning the status of each 16 15 region's efforts to limit the number of group foster care 16 16 placements in accordance with the regional plan established 16 17 pursuant to section 232.143. 16 18 d. Notwithstanding the formula specified in section 16 19 232.143, subsection 1, the department and the judicial 16 20 department shall develop a formula for allocating a portion of 16 21 the statewide target to each of the department's regions based 16 22 on factors determined by the department and the judicial 16 23 department which may include but are not limited to historical 16 24 usage of group foster care beds and indicators of need for 16 25 group foster care placements. The formula shall be 16 26 established by May 1, 1995. The department may adopt 16 27 emergency rules to implement the provisions of this paragraph. 16 28 e. The department shall not certify any additional 16 29 enhanced residential treatment beds, unless the director of 16 30 human services approves the beds as necessary, based on the 16 31 type of children to be served and the location of the enhanced 16 32 residential treatment beds. 16 33 f. (1) Of the funds appropriated in this section, not 16 34 more than $6,691,561 is allocated as the state match funding 16 35 for psychiatric medical institutions for children. 17 1 (2) Based upon the director's decision pursuant to 1994 17 2 Iowa Acts, chapter 1186, section 10, subsection 19, regarding 17 3 the managed care approaches for determining service necessity 17 4 for children served by psychiatric medical institutions for 17 5 children (PMICs), the department may transfer all or a portion 17 6 of the moneys appropriated in this section for PMICs to the 17 7 appropriation in this Act for medical assistance and may amend 17 8 the managed mental health care contract to include PMICs, and 17 9 may increase the statewide target for group foster care 17 10 placements in paragraph "a" of this subsection, accordingly. 17 11 The department may adopt emergency rules to implement the 17 12 provisions of this subsection. 17 13 g. Of the funds allocated in this subsection, not more 17 14 than $995,764 is allocated as the state match funding for 50 17 15 highly structured juvenile program beds. 17 16 3. Not more than 25 percent of the children placed in 17 17 foster care funded under the federal Social Security Act, 17 18 Title IV-E, shall be placed in foster care for a period of 17 19 more than 24 months. 17 20 4. The department shall continue to contract for a 17 21 statewide system for recruiting, retaining, and supporting 17 22 foster care families consistent with the recommendation of the 17 23 department's family foster care advisory committee. The 17 24 department may continue the contract for this purpose which 17 25 was initiated in the fiscal year beginning July 1, 1993, if 17 26 defined goals have been achieved. The department shall 17 27 involve the family foster care advisory committee in 17 28 overseeing the work of the contractor, and further defining 17 29 needs in the system. 17 30 5. In accordance with the provisions of section 232.188, 17 31 the department shall continue the demonstration program to 17 32 decategorize child welfare services in the counties in which 17 33 the program has commenced. The department may approve 17 34 additional applications from a county or cluster of counties 17 35 to initiate a demonstration program provided the department, 18 1 the boards of supervisors in the counties, and the affected 18 2 judicial districts agree to implement the program. The 18 3 schedule for implementing the demonstration program in 18 4 additional counties shall be determined by the department. 18 5 The department shall establish, for the demonstration program 18 6 counties, a child welfare fund composed of all or part of the 18 7 amount that would otherwise be expected to be used for 18 8 residents of the counties for foster care, child and family 18 9 services, family-centered services, subsidized adoption, child 18 10 day care, local purchase portion of the mental health, mental 18 11 retardation, developmental disabilities, and brain injury 18 12 community services appropriated in this Act, state juvenile 18 13 institution care, mental health institute care, state 18 14 hospital-school care, juvenile detention, department-direct 18 15 services, and court-ordered evaluation and treatment of 18 16 juvenile services. Notwithstanding any other provision of 18 17 law, the fund shall be considered encumbered for the purposes 18 18 of section 8.33. Notwithstanding other service funding 18 19 provisions in law, the department shall establish the fund by 18 20 transferring funds from the budgets affected, except for the 18 21 funds appropriated for the state mental health institutes, the 18 22 state hospital-schools, the state training school, and the 18 23 Iowa juvenile home which shall remain on account for the 18 24 county at these institutions. By June 15 preceding the 18 25 beginning of the next fiscal year, the department shall inform 18 26 each demonstration program county of the estimated amount that 18 27 will be available in the county's child welfare fund and on 18 28 account at the institutions for that county during the ensuing 18 29 fiscal year. The department shall confirm each county's 18 30 budgeted amount by October 1 of the fiscal year. A limited 18 31 amount of the fund may be used to support services and 18 32 reimbursement rates not allowable within historical program or 18 33 service categories and administrative rules. In addition, a 18 34 limited amount of the child welfare fund may be used for 18 35 emergency family assistance to provide resources for a family 19 1 to remain together or to be unified. The demonstration 19 2 program shall be designed to operate in a county for a three- 19 3 year period. The three-year time period for a 19 4 decategorization project shall be considered to begin on 19 5 January 1 in the first year following the year in which the 19 6 county's decategorization project was approved by the 19 7 department. 19 8 6. Of the funds appropriated in this section, up to 19 9 $96,512 is allocated for continued foster care services to a 19 10 child who is 18 years of age or older in accordance with the 19 11 provisions of section 234.35, subsection 3, paragraph "c". 19 12 However, if funding in this appropriation would remain 19 13 unobligated at the end of the fiscal year, the allocation in 19 14 this subsection may be exceeded to the extent necessary to 19 15 provide the continued foster care services. The department 19 16 shall distribute the moneys allocated in this subsection to 19 17 the departmental regions based on each region's proportion of 19 18 the total number of children placed in foster care on March 31 19 19 preceding the beginning of the fiscal year, who, during the 19 20 fiscal year would no longer be eligible for foster care due to 19 21 age. 19 22 7. Notwithstanding section 232.142, subsection 3, the 19 23 financial aid paid by the state for the establishment, 19 24 improvements, operation, and maintenance of county or 19 25 multicounty juvenile detention homes in the fiscal year 19 26 beginning July 1, 1995, shall be limited to $872,500. Funds 19 27 allocated in this subsection shall be prorated among eligible 19 28 detention homes. 19 29 8. The amount of the appropriation made in this section 19 30 available for foster care is based upon expansion of the 19 31 number of children in foster care who are eligible for federal 19 32 supplemental security income (SSI). The department may use up 19 33 to $300,000 of those funds to enter into a performance-based 19 34 contract to secure SSI benefits for children placed in foster 19 35 care. The contract shall include provisions for training of 20 1 department of human services and juvenile court staff, 20 2 completion of applications, tracking of application results, 20 3 and representation during the appeals process whenever an 20 4 appeal is necessary to secure SSI benefits. Notwithstanding 20 5 section 217.30 and section 232.2, subsection 11, and any other 20 6 provision of law to the contrary, the director or the 20 7 director's designee on behalf of a child in foster care may 20 8 release medical, mental health, substance abuse, or any other 20 9 information necessary only to determine the child's 20 10 eligibility for SSI benefits, and may sign releases for the 20 11 information. In any release of information made pursuant to 20 12 this subsection, confidentiality shall be maintained to the 20 13 maximum extent possible. 20 14 9. A limited amount of the funds appropriated in this 20 15 section may be used for emergency family assistance to provide 20 16 other resources required for a family participating in a 20 17 family preservation or reunification project to stay together 20 18 or to be reunified. 20 19 10. Notwithstanding section 234.35, subsection 1, for the 20 20 fiscal year beginning July 1, 1995, state funding for shelter 20 21 care paid pursuant to section 234.35, subsection 1, paragraph 20 22 "h", shall be limited to $3,383,736. The department may adopt 20 23 emergency rules to implement the provisions of this 20 24 subsection. 20 25 11. Of the funds appropriated in this section, not more 20 26 than $512,862 may be used to develop and maintain the state's 20 27 implementation of the national adoption and foster care 20 28 information system pursuant to the requirements of Pub. L. No. 20 29 99-509. The department may transfer funds as necessary from 20 30 the appropriations in this Act for field operations and 20 31 general administration to implement this subsection. Moneys 20 32 allocated in accordance with this subsection shall be 20 33 considered encumbered for the purposes of section 8.33. 20 34 12. The department shall continue training seminars 20 35 throughout the state on the use of reasonable efforts to 21 1 prevent or eliminate the need for removal of a child from the 21 2 child's home, and on family-centered approaches to serving 21 3 children and families. The department shall work with the 21 4 judicial department to make the training applicable and 21 5 available to court officers involved with referrals of 21 6 children to foster care. In addition, the department shall 21 7 work with the supreme court to provide ongoing instruction and 21 8 technical assistance in selected counties in the state 21 9 concerning application of reasonable efforts. Counties shall 21 10 be selected by targeting those with a high rate of placement 21 11 of children outside the children's homes. The recipients of 21 12 technical assistance shall include court officials, department 21 13 of human services referral workers, and child welfare service 21 14 providers. Trainers shall include respected peers and 21 15 colleagues of the training recipients. The department shall 21 16 also incorporate family-centered approaches to serving 21 17 families into the department's general child welfare training 21 18 for child welfare workers. The department shall use not more 21 19 than $180,754 of the funds appropriated in this section for 21 20 the contract. 21 21 13. Of the funds appropriated in this section, a portion 21 22 may be used for respite services to families of children with 21 23 mental retardation or other developmental disabilities, who 21 24 would otherwise enter or continue group care or foster family 21 25 home placement. The department may adopt emergency rules to 21 26 implement the provisions of this subsection. 21 27 14. Of the funds appropriated in this section, up to 21 28 $673,217 may be used as determined by the department for any 21 29 of the following purposes: 21 30 a. For general administration of the department to improve 21 31 staff training efforts. 21 32 b. For oversight of termination of parental rights and 21 33 permanency planning efforts on a statewide basis. 21 34 c. For personnel, assigned by the attorney general, to 21 35 provide additional services relating to termination of 22 1 parental rights and child in need of assistance cases. 22 2 d. For specialized permanency planning field operations 22 3 staff. 22 4 15. The department shall continue to contract for family 22 5 foster care homes developed for children who present severe 22 6 emotional or behavioral management problems who might 22 7 otherwise be placed in group foster care. Contracts shall 22 8 provide that the family receives a certain fixed payment 22 9 regardless of placements, and shall specify that at least one 22 10 parent shall generally be available in the home 24 hours per 22 11 day in order to provide intensive and consistent structure and 22 12 therapeutic intervention, and to respond to crises. Each home 22 13 shall serve a maximum of three children. 22 14 16. Upon receipt of federal approval, the department shall 22 15 utilize the federal emergency assistance program to fund 22 16 approved children and family services under this section and 22 17 other programs providing emergency services to families and 22 18 children. The department may transfer moneys appropriated in 22 19 this section, as necessary, to pay the nonfederal share of 22 20 services reimbursed under the emergency assistance program 22 21 which are provided to children and families who would 22 22 otherwise receive the services. The department may adopt 22 23 emergency rules to implement the provisions of this 22 24 subsection. The rules may include but are not limited to the 22 25 development of program descriptions, provider standards, cost 22 26 principles, rate-setting, contract requirements, service and 22 27 financial eligibility criteria, claims submission criteria, 22 28 and program accountability standards. The department shall 22 29 work with affected parties in developing the rules authorized 22 30 in this subsection. 22 31 17. The department shall adopt rules for purchase of 22 32 recruitment and home studies as necessary to secure an 22 33 adequate number of foster families to serve children needing 22 34 foster care placement. In implementing the provisions of this 22 35 subsection, the department may issue requests for proposals, 23 1 establish a flat fee schedule, or expand the pool of providers 23 2 from which the services are purchased. 23 3 18. The department may adopt emergency rules to implement 23 4 outcome-based child welfare services pilot projects. The 23 5 rules may include, but are not limited to, the development of 23 6 program descriptions, provider licensing and certification 23 7 standards, reimbursement and payment amounts, contract 23 8 requirements, assessment and service necessity requirements, 23 9 eligibility criteria, claims submission procedures, and 23 10 accountability standards. 23 11 19. Of the funds appropriated in this section, up to 23 12 $300,000 may be used to develop a performance-based monitoring 23 13 program to evaluate and improve outcomes for children and 23 14 families. The department may adopt emergency rules to 23 15 implement this subsection. 23 16 20. The department may develop, within the funds 23 17 available, a pilot kinship care project to enhance family 23 18 involvement in the development of the permanency plan required 23 19 under chapter 232 for children who are removed from their 23 20 homes. The project components may include family involvement 23 21 before and after removal of the child and shall stress safety 23 22 for the child. 23 23 21. Within the funds appropriated in this section, the 23 24 department may develop a subsidized guardianship program to 23 25 provide financial assistance to guardians of children who have 23 26 a permanency order under section 232.104, subsection 2, 23 27 paragraph "d", subparagraph (1), in cases in which all of the 23 28 following conditions exist: 23 29 a. The option of reunification has been eliminated and 23 30 termination of parental rights is not appropriate. 23 31 b. The child has lived with the potential guardian for at 23 32 least six months. 23 33 c. The child is either 14 years of age or older or, if 23 34 under 14 years of age, is part of a sibling group and cannot 23 35 be made available for adoption. 24 1 d. The placement does not require departmental 24 2 supervision. 24 3 The financial assistance provided shall be in the same 24 4 amount as provided for family foster care. For purposes of 24 5 medical assistance and child support recovery, these payments 24 6 shall be considered foster care payments. 24 7 22. Of the funds appropriated in this section, up to 24 8 $175,000 may be used to establish and maintain a truancy pilot 24 9 initiative in the fifth judicial district which shall be 24 10 directed to keeping targeted youth in school by providing 24 11 noneducational supportive and therapy services both inside and 24 12 outside the school setting. The department may adopt 24 13 emergency rules to implement supportive and therapy services 24 14 in the truancy pilot initiative. The rules may include, but 24 15 are not limited to, the development of program descriptions, 24 16 certification standards, reimbursement, contract requirements, 24 17 and eligibility and accountability standards. 24 18 Sec. 11. COMMUNITY-BASED PROGRAMS. There is appropriated 24 19 from the general fund of the state to the department of human 24 20 services for the fiscal year beginning July 1, 1995, and 24 21 ending June 30, 1996, the following amount, or so much thereof 24 22 as is necessary, to be used for the purpose designated: 24 23 For community-based programs, on the condition that family 24 24 planning services are funded, including salaries, support, 24 25 maintenance, and miscellaneous purposes and for not more than 24 26 the following full-time equivalent positions: 24 27 .................................................. $ 2,259,723 24 28 ............................................... FTEs 1.0 24 29 1. Of the funds appropriated in this section, $656,048 24 30 shall be used for adolescent pregnancy prevention grants, 24 31 including not more than $156,048 for programs to prevent 24 32 second or subsequent pregnancies during the adolescent years 24 33 and to provide support services for pregnant or parenting 24 34 adolescents. Rules adopted by the department may allow for 24 35 revision of existing grant categories and the addition of 25 1 grant categories which allow for the development and 25 2 initiation of a statewide adolescent pregnancy prevention 25 3 campaign and of a statewide assessment or evaluation grant. 25 4 2. Of the funds appropriated in this section, $300,000 25 5 shall be used for grants to community or regional groups which 25 6 demonstrate broad-based representation from community 25 7 representatives including but not limited to schools, 25 8 churches, human service-related organizations, and businesses. 25 9 Priority in the awarding of grants shall be given to groups 25 10 which provide services to both urban and rural areas within 25 11 the proximity of the community or region and which provide 25 12 age-appropriate programs adapted for both male and female 25 13 youth at the elementary, middle, and high school levels. A 25 14 program shall focus on the prevention of initial pregnancies 25 15 during the adolescent years by emphasizing sexual abstinence 25 16 as the only completely safe and effective means of avoiding 25 17 pregnancy and sexually transmitted diseases and by providing 25 18 information regarding the comparative failure rates of 25 19 contraceptives, and by emphasizing responsible decision making 25 20 in relationships, managing of peer and social pressures, 25 21 development of self-esteem, the costs and responsibilities of 25 22 parenting, and information regarding the alternative of 25 23 adoption for placement of a child. The program shall also 25 24 include an evaluation and assessment component which includes 25 25 evaluation of and recommendations for improvement of the 25 26 program by the youth and parents involved. Evaluation and 25 27 assessment reports shall be provided to the department of 25 28 human services, at a time determined by the department in the 25 29 grant award. Community or regional groups interested in 25 30 applying for a grant under this subsection may be issued a 25 31 planning grant or may utilize grant moneys for the costs of 25 32 technical assistance to analyze community needs, match service 25 33 providers to needs, negotiate service provision strategies, or 25 34 other assistance to focus grant services provided under this 25 35 subsection. The technical assistance may be provided by 26 1 organizations affiliated with institutions under the authority 26 2 of the state board of regents or other organizations 26 3 experienced in providing technical assistance concerning 26 4 similar services. 26 5 3. Of the funds appropriated in this section, $532,789 26 6 shall be used by the department for child abuse prevention 26 7 grants. 26 8 4. Of the funds appropriated in this section, $31,900 is 26 9 allocated for child neutral visitation sites. The department 26 10 shall review the child neutral visitation sites program and 26 11 shall issue a request for proposals to select an administrator 26 12 for the program. 26 13 Sec. 12. COURT-ORDERED SERVICES PROVIDED TO JUVENILES. 26 14 There is appropriated from the general fund of the state to 26 15 the department of human services for the fiscal year beginning 26 16 July 1, 1995, and ending June 30, 1996, the following amount, 26 17 or so much thereof as is necessary, to be used for the purpose 26 18 designated: 26 19 Payment of the expenses of court-ordered services provided 26 20 to juveniles which are a charge upon the state pursuant to 26 21 section 232.141, subsection 4: 26 22 .................................................. $ 3,090,000 26 23 1. Notwithstanding section 232.141 or any other provision 26 24 of law, the funds appropriated in this section shall be 26 25 allocated to the judicial districts as determined by the state 26 26 court administrator. The state court administrator shall make 26 27 the determination on the allocations on or before June 15. 26 28 2. a. Each judicial district shall continue the planning 26 29 group for the court-ordered services for juveniles provided in 26 30 that district which was established pursuant to 1991 Iowa 26 31 Acts, chapter 267, section 119. A planning group shall 26 32 continue to perform its duties as specified in that law. 26 33 Reimbursement rates for providers of court-ordered evaluation 26 34 and treatment services paid under section 232.141, subsection 26 35 4, shall be negotiated with providers by each judicial 27 1 district's planning group. 27 2 b. Each district planning group shall submit an annual 27 3 report in January to the state court administrator and the 27 4 department of human services. The report shall cover the 27 5 preceding fiscal year and shall include a preliminary report 27 6 on the current fiscal year. The administrator and the 27 7 department shall compile these reports and submit the reports 27 8 to the chairpersons and ranking members of the joint 27 9 appropriations subcommittee on human services and the 27 10 legislative fiscal bureau. 27 11 3. The department of human services shall develop policies 27 12 and procedures to ensure that the funds appropriated in this 27 13 section are spent only after all other reasonable actions have 27 14 been taken to utilize other funding sources and community- 27 15 based services. The policies and procedures shall be designed 27 16 to achieve the following objectives relating to services 27 17 provided under chapter 232: 27 18 a. Maximize the utilization of funds which may be 27 19 available from the medical assistance program including usage 27 20 of the early and periodic screening, diagnosis, and treatment 27 21 (EPSDT) program. 27 22 b. Recover payments from any third-party insurance carrier 27 23 which is liable for coverage of the services, including health 27 24 insurance coverage. 27 25 c. Pursue development of agreements with regularly 27 26 utilized out-of-state service providers which are intended to 27 27 reduce per diem costs paid to those providers. 27 28 4. The department of human services, in consultation with 27 29 the state court administrator and the judicial district 27 30 planning groups, shall compile a monthly report describing 27 31 spending in the districts for court-ordered services for 27 32 juveniles, including the utilization of the medical assistance 27 33 program. The reports shall be submitted on or before the 27 34 twentieth day of each month to the chairpersons and ranking 27 35 members of the joint appropriations subcommittee on human 28 1 services and the legislative fiscal bureau. 28 2 5. Notwithstanding chapter 232 or any other provision of 28 3 law, a district or juvenile court in a department of human 28 4 services district shall not order any service which is a 28 5 charge upon the state pursuant to section 232.141 if there are 28 6 insufficient court-ordered services funds available in the 28 7 district allocation to pay for the service. The chief 28 8 juvenile court officer shall work with the judicial district 28 9 planning group to encourage use of the funds appropriated in 28 10 this section such that there are sufficient funds to pay for 28 11 all court-related services during the entire year. The eight 28 12 chief juvenile court officers shall attempt to anticipate 28 13 potential surpluses and shortfalls in the allocations and 28 14 shall cooperatively request the state court administrator to 28 15 transfer funds between the districts' allocations as prudent. 28 16 6. Notwithstanding any provision of law to the contrary, a 28 17 district or juvenile court shall not order a county to pay for 28 18 any service provided to a juvenile pursuant to an order 28 19 entered under chapter 232 which is a charge upon the state 28 20 under section 232.141, subsection 4. 28 21 7. Of the funds appropriated in this section, not more 28 22 than $200,000 may be used by the judicial department for 28 23 administration of the requirements under this section and for 28 24 travel associated with court-ordered placements which are a 28 25 charge upon the state pursuant to section 232.141, subsection 28 26 4. 28 27 8. Of the funds appropriated in this section, not more 28 28 than $400,000 may be transferred to the appropriation in this 28 29 Act for child and family services and used to provide school- 28 30 based supervision of children adjudicated under chapter 232. 28 31 Sec. 13. MENTAL HEALTH INSTITUTES. There is appropriated 28 32 from the general fund of the state to the department of human 28 33 services for the fiscal year beginning July 1, 1995, and 28 34 ending June 30, 1996, the following amount, or so much thereof 28 35 as is necessary, to be used for the purposes designated: 29 1 For the state mental health institutes for salaries, 29 2 support, maintenance, and miscellaneous purposes and for not 29 3 more than the following full-time equivalent positions: 29 4 .................................................. $ 43,214,775 29 5 ............................................... FTEs 954.75 29 6 1. The funds appropriated and full-time equivalent 29 7 positions authorized in this section are allocated as follows: 29 8 a. State mental health institute at Cherokee: 29 9 .................................................. $ 14,842,902 29 10 ............................................... FTEs 331.13 29 11 b. State mental health institute at Clarinda: 29 12 .................................................. $ 6,009,326 29 13 ............................................... FTEs 136.82 29 14 c. State mental health institute at Independence: 29 15 .................................................. $ 17,594,062 29 16 ............................................... FTEs 401.82 29 17 d. State mental health institute at Mount Pleasant: 29 18 .................................................. $ 4,768,485 29 19 ............................................... FTEs 84.98 29 20 2. Within the funds appropriated in this section, the 29 21 department may reallocate funds as necessary to best fulfill 29 22 the needs of the institutions provided for in the 29 23 appropriation. 29 24 3. As part of the discharge planning process at the state 29 25 mental health institutes, the department shall provide 29 26 assistance in obtaining eligibility for federal supplemental 29 27 security income (SSI) to those individuals whose care at a 29 28 state mental health institute is the financial responsibility 29 29 of the state. 29 30 Sec. 14. HOSPITAL-SCHOOLS. There is appropriated from the 29 31 general fund of the state to the department of human services 29 32 for the fiscal year beginning July 1, 1995, and ending June 29 33 30, 1996, the following amount, or so much thereof as is 29 34 necessary, to be used for the purposes designated: 29 35 For the state hospital-schools, for salaries, support, 30 1 maintenance, and miscellaneous purposes and for not more than 30 2 the following full-time equivalent positions: 30 3 .................................................. $ 66,276,739 30 4 ............................................... FTEs 1,666.00 30 5 1. The funds appropriated and full-time equivalent 30 6 positions authorized in this section are allocated as follows: 30 7 a. State hospital-school at Glenwood: 30 8 .................................................. $ 35,838,799 30 9 ............................................... FTEs 910.00 30 10 b. State hospital-school at Woodward: 30 11 .................................................. $ 30,437,940 30 12 ............................................... FTEs 756.00 30 13 2. Within the funds appropriated in this section, the 30 14 department may reallocate funds as necessary to best fulfill 30 15 the needs of the institutions provided for in the 30 16 appropriation. 30 17 Sec. 15. MENTAL ILLNESS SPECIAL SERVICES. There is 30 18 appropriated from the general fund of the state to the 30 19 department of human services for the fiscal year beginning 30 20 July 1, 1995, and ending June 30, 1996, the following amount, 30 21 or so much thereof as is necessary, to be used for the purpose 30 22 designated: 30 23 For mental illness special services: 30 24 1995-96 FY ....................................... $ 121,220 30 25 1. The department and the Iowa finance authority shall 30 26 develop methods to implement the financing for existing 30 27 community-based facilities and to implement financing for the 30 28 development of affordable community-based housing facilities. 30 29 The department shall assure that clients are referred to the 30 30 housing as it is developed. 30 31 2. The funds appropriated in this section are to provide 30 32 funds for construction and start-up costs to develop community 30 33 living arrangements to provide for persons who are mentally 30 34 ill and homeless. These funds may be used to match federal 30 35 Stewart B. McKinney Homeless Assistance Act grant funds. 31 1 Sec. 16. FAMILY SUPPORT SUBSIDY PROGRAM. There is 31 2 appropriated from the general fund of the state to the 31 3 department of human services for the fiscal year beginning 31 4 July 1, 1995, and ending June 30, 1996, the following amount, 31 5 or so much thereof as is necessary, to be used for the purpose 31 6 designated: 31 7 For the family support subsidy program: 31 8 .................................................. $ 1,116,236 31 9 Sec. 17. SPECIAL NEEDS GRANTS. There is appropriated from 31 10 the general fund of the state to the department of human 31 11 services for the fiscal year beginning July 1, 1995, and 31 12 ending June 30, 1996, the following amount, or so much thereof 31 13 as is necessary, to be used for the purpose designated: 31 14 To provide special needs grants to families with a family 31 15 member at home who has a developmental disability or to a 31 16 person with a developmental disability: 31 17 .................................................. $ 53,212 31 18 Grants must be used by a family to defray special costs of 31 19 caring for the family member to prevent out-of-home placement 31 20 of the family member or to provide for independent living 31 21 costs. A grant may provide up to $5,000 per person for costs 31 22 associated with an assistive animal. The grants may be 31 23 administered by a private nonprofit agency which serves people 31 24 statewide provided that no administrative costs are received 31 25 by the agency. Regular reports regarding the special needs 31 26 grants with the family support subsidy program and an annual 31 27 report concerning the characteristics of the grantees shall be 31 28 provided to the legislative fiscal bureau. 31 29 Sec. 18. MI/MR/DD STATE CASES. There is appropriated from 31 30 the general fund of the state to the department of human 31 31 services for the fiscal year beginning July 1, 1995, and 31 32 ending June 30, 1996, the following amount, or so much thereof 31 33 as is necessary, to be used for the purposes designated: 31 34 For purchase of local services for persons with mental 31 35 illness, mental retardation, and developmental disabilities 32 1 where the client has no established county of legal 32 2 settlement: 32 3 .................................................. $ 5,473,492 32 4 Sec. 19. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES &endash; 32 5 COMMUNITY SERVICES FUND. There is appropriated from the 32 6 general fund of the state to the mental health and 32 7 developmental disabilities services fund created in section 32 8 225C.7 for the fiscal year beginning July 1, 1995, and ending 32 9 June 30, 1996, the following amount, or so much thereof as is 32 10 necessary, to be used for the purpose designated: 32 11 For mental health and developmental disabilities community 32 12 services in accordance with this Act: 32 13 ................................................. $ 16,239,182 32 14 1. Of the funds appropriated in this section, $15,888,182 32 15 shall be allocated to counties for funding of community-based 32 16 mental illness, mental retardation, developmental 32 17 disabilities, and brain injury services. The moneys shall be 32 18 allocated to a county as follows: 32 19 a. Fifty percent based upon the county's proportion of the 32 20 state's population of persons with an annual income which is 32 21 equal to or less than the poverty guideline established by the 32 22 federal office of management and budget. 32 23 b. Fifty percent based upon the county's proportion of the 32 24 state's general population. 32 25 2. a. A county shall utilize the funding the county 32 26 receives pursuant to subsection 1 for services provided to 32 27 persons with mental illness, mental retardation, developmental 32 28 disability, and brain injury (MI/MR/DD/BI). However, no more 32 29 than 50 percent of the funding shall be used for services 32 30 provided to any one of the service populations. 32 31 b. A county shall use at least 50 percent of the funding 32 32 the county receives under subsection 1 for contemporary 32 33 services provided to persons with MI/MR/DD/BI. 32 34 c. The mental health and developmental disabilities 32 35 commission shall adopt rules pursuant to chapter 17A 33 1 describing the contemporary services. The commission may 33 2 adopt emergency rules to implement this subsection. 33 3 3. Of the funds appropriated in this section, $30,000 33 4 shall be used to support the Iowa compass program providing 33 5 computerized information and referral services for Iowans with 33 6 disabilities and their families. 33 7 4. The department shall submit an annual report concerning 33 8 each population served and each service funded in this section 33 9 to the chairpersons and ranking members of the joint 33 10 appropriations subcommittee on human services and the 33 11 legislative fiscal bureau. 33 12 5. a. A mental health and developmental disabilities 33 13 planning council established pursuant to section 225C.18 shall 33 14 develop plans for the provision of services for the fiscal 33 15 year beginning July 1, 1995, for persons with MI/MR/DD/BI in 33 16 the county or counties comprising the planning council. 33 17 b. County MI/MR/DD/BI expenditure reports for the prior 33 18 fiscal year are due to the department on or before October 15, 33 19 1995. The county MI/MR/DD/BI plan for the fiscal year 33 20 beginning July 1, 1995, is due to the department on or before 33 21 April 1, 1995. 33 22 6. a. Funding from the federal social services block 33 23 grant in the amount of $13,038,763 is allocated for 33 24 distribution to counties for local purchase of services for 33 25 persons with mental illness or mental retardation or other 33 26 developmental disability. 33 27 b. The funds allocated in this subsection shall be 33 28 expended by counties in accordance with eligibility guidelines 33 29 established in the department's rules outlining general 33 30 provisions for service administration. Services eligible for 33 31 payment with funds allocated in this subsection are limited to 33 32 any of the following which are provided in accordance with the 33 33 department's administrative rules for the services: adult 33 34 support, adult day care, administrative support for 33 35 volunteers, community supervised apartment living 34 1 arrangements, residential services for adults, sheltered work, 34 2 supported employment, supported work training, transportation, 34 3 and work activity. 34 4 c. In purchasing services with funds allocated in this 34 5 subsection, a county shall designate a person to provide for 34 6 eligibility determination and development of a case plan for 34 7 individuals for whom the services are purchased. The 34 8 designated person shall be a medical assistance case manager 34 9 serving the person's county of residence. If an individual 34 10 does not have a case manager, the individual's eligibility 34 11 shall be determined by a social services caseworker of the 34 12 department serving the individual's county of residence. The 34 13 case plan shall be developed in accordance with the 34 14 department's rules outlining general provisions for service 34 15 administration. 34 16 d. Services purchased with funds allocated in this 34 17 subsection must be the result of a referral by the person who 34 18 identified the services in developing the individual's case 34 19 plan. 34 20 e. Services purchased with funds allocated in this 34 21 subsection must be under a purchase of service contract 34 22 established in accordance with the department's administrative 34 23 rules for purchase of service. 34 24 f. The funds provided by this subsection shall be 34 25 allocated to each county as follows: 34 26 (1) Fifty percent based upon the county's proportion of 34 27 the state's population of persons with an annual income which 34 28 is equal to or less than the poverty guideline established by 34 29 the federal office of management and budget. 34 30 (2) Fifty percent based upon the amount provided to the 34 31 county for local purchase services in the preceding fiscal 34 32 year. 34 33 g. Each county shall submit to the department a plan for 34 34 funding of the services eligible for payment under this 34 35 subsection. The plan may provide for allocation of the funds 35 1 for one or more of the eligible services. The plan shall 35 2 identify the funding amount the county allocates for each 35 3 service and the time period for which the funding will be 35 4 available. Only those services which have funding allocated 35 5 in the plan are eligible for payment with funds provided in 35 6 this subsection. 35 7 h. A county shall provide advance notice to the individual 35 8 receiving services, the service provider, and the person 35 9 responsible for developing the case plan of the date the 35 10 county determines that funding will no longer be available for 35 11 a service. 35 12 i. Moneys allocated to a county pursuant to paragraph "f" 35 13 shall be provided to the county as claims are submitted to the 35 14 state. 35 15 j. The moneys provided under this subsection do not 35 16 establish an entitlement to the services funded under this 35 17 subsection. 35 18 7. Of the funds allocated in subsection 1, not more than 35 19 $248,862 shall be provided to those counties having 35 20 supplemental per diem contracts in effect on June 30, 1994, 35 21 under 1994 Iowa Acts, chapter 1186, section 19, subsection 7. 35 22 The amount provided to each county shall be equal to the 35 23 amount the county would be eligible to receive under the 35 24 supplemental per diem contracts in effect on June 30, 1994, if 35 25 the contracts were continued in effect for the entire fiscal 35 26 year beginning July 1, 1994. 35 27 8. Of the funds appropriated in this section, $321,000 35 28 shall be allocated to counties in accordance with the 35 29 methodology for distribution of local purchase of services 35 30 moneys in subsection 6, paragraph "f". The moneys provided 35 31 pursuant to this subsection shall be used by counties to 35 32 increase reimbursement rates for local purchase services 35 33 listed in subsection 6, paragraph "b". The moneys provided in 35 34 this subsection shall not be considered by the department in 35 35 any calculation or methodology involving the purchase of 36 1 service system. 36 2 Sec. 20. FIELD OPERATIONS. There is appropriated from the 36 3 general fund of the state to the department of human services 36 4 for the fiscal year beginning July 1, 1995, and ending June 36 5 30, 1996, the following amount, or so much thereof as is 36 6 necessary, to be used for the purpose designated: 36 7 For field operations, including salaries, support, 36 8 maintenance, and miscellaneous purposes and for not more than 36 9 the following full-time equivalent positions: 36 10 ................................................. $ 38,238,205 36 11 ............................................... FTEs 2029.50 36 12 Of the funds appropriated in this section, $392,000 shall 36 13 be used for an additional 20 FTEs for adoption services. 36 14 Sec. 21. GENERAL ADMINISTRATION. There is appropriated 36 15 from the general fund of the state to the department of human 36 16 services for the fiscal year beginning July 1, 1995, and 36 17 ending June 30, 1996, the following amount, or so much thereof 36 18 as is necessary, to be used for the purpose designated: 36 19 For general administration, including salaries, support, 36 20 maintenance, and miscellaneous purposes and for not more than 36 21 the following full-time equivalent positions: 36 22 .................................................. $ 10,907,951 36 23 ............................................... FTEs 375.50 36 24 1. Of the funds appropriated in this section, $57,090 is 36 25 allocated for the prevention of disabilities policy council 36 26 established in section 225B.3. 36 27 2. In cooperation with the personal assistance and family 36 28 support services council, the Iowa family support initiative, 36 29 and the governor's planning council for developmental 36 30 disabilities, the department shall apply for any federal funds 36 31 made available through the federal Families of Children with 36 32 Disabilities Support Act of 1994, provided no new state or 36 33 county funds are needed to match the federal funds. The 36 34 department may use funds from existing programs as matching 36 35 funds, provided the program goals are consistent and 37 1 reductions in services for program recipients do not occur. 37 2 The department shall use the personal assistance and family 37 3 support services council to meet any federal requirements for 37 4 a state board policy group, or may use a subgroup of the 37 5 council if necessary for meeting federal specifications on 37 6 size, composition, configuration, or functioning relating to a 37 7 federal requirement for a policy group. The department's 37 8 planning for a comprehensive family support initiative under 37 9 section 225C.47 and this subsection shall address options for 37 10 a means test eligibility requirement and for local review of 37 11 the proposed options for an eligibility means test by existing 37 12 bodies such as the mental health and developmental 37 13 disabilities regional planning councils created pursuant to 37 14 section 225C.18. 37 15 Sec. 22. VOLUNTEERS. There is appropriated from the 37 16 general fund of the state to the department of human services 37 17 for the fiscal year beginning July 1, 1995, and ending June 37 18 30, 1996, the following amount, or so much thereof as is 37 19 necessary, to be used for the purpose designated: 37 20 For development and coordination of volunteer services: 37 21 .................................................. $ 85,793 37 22 Sec. 23. "X-PERT" PUBLIC ASSISTANCE BENEFIT ELIGIBILITY 37 23 DETERMINATION SYSTEM. There is appropriated from the general 37 24 fund of the state to the department of human services for the 37 25 fiscal year beginning July 1, 1995, and ending June 30, 1996, 37 26 the following amount, or so much thereof as is necessary, to 37 27 be used for the purpose designated: 37 28 For the development costs of the "X-PERT" knowledge-based 37 29 computer software package for public assistance benefit 37 30 eligibility determination, including salaries, support, 37 31 maintenance, and miscellaneous purposes and for not more than 37 32 the following full-time equivalent positions: 37 33 .................................................. $ 919,872 37 34 ............................................... FTEs 17.00 37 35 Moneys appropriated in this section shall be considered 38 1 encumbered for the purposes of section 8.33. 38 2 Sec. 24. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 38 3 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 38 4 DEPARTMENT OF HUMAN SERVICES. 38 5 1. a. For the fiscal year beginning July 1, 1995, the 38 6 department of human services may allocate any increases in 38 7 payments for durable medical products and supplies so that 38 8 equipment and supplies which have greater wholesale cost 38 9 increases may be reimbursed at a higher rate and those which 38 10 have a lower or no wholesale cost increase may be reimbursed 38 11 at a lower rate or have no increase. 38 12 b. For the fiscal year beginning July 1, 1995, providers 38 13 of obstetric services when provided by physicians or certified 38 14 nurse-midwives shall have their medical assistance 38 15 reimbursement rates increased by 5.0 percent over the rates in 38 16 effect on June 30, 1995. 38 17 c. For the fiscal year beginning July 1, 1995, skilled 38 18 nursing facilities shall have their medical assistance rates 38 19 increased by 4.6 percent over the rates in effect on June 30, 38 20 1995. 38 21 d. The dispensing fee for pharmacists shall remain at the 38 22 rate in effect on June 30, 1995. The reimbursement policy for 38 23 drug product costs shall be in accordance with federal 38 24 requirements. 38 25 e. Reimbursement rates for in-patient and outpatient 38 26 hospital services shall be increased by an average of 4.2 38 27 percent over the rates in effect on June 30, 1995. The 38 28 department shall continue the outpatient hospital 38 29 reimbursement system based upon ambulatory patient groups 38 30 implemented pursuant to 1994 Iowa Acts, chapter 1186, section 38 31 25, subsection 1, paragraph "f". In addition, the department 38 32 shall continue the revised medical assistance payment policy 38 33 implemented pursuant to that paragraph to provide 38 34 reimbursement for costs of screening and treatment provided in 38 35 the hospital emergency room is made pursuant to the 39 1 prospective payment methodology developed by the department 39 2 for the payment of outpatient services provided under the 39 3 medical assistance program. 39 4 f. Reimbursement rates for rural health clinics shall be 39 5 increased in accordance with increases under the federal 39 6 medicare program. 39 7 g. Home health agencies certified for the federal medicare 39 8 program, hospice services, and acute care mental hospitals 39 9 shall be reimbursed for their current federal medicare audited 39 10 costs. 39 11 h. The basis for establishing the maximum medical 39 12 assistance reimbursement rate for nursing facilities shall be 39 13 the 70th percentile of facility costs as calculated from the 39 14 June 30, 1995, unaudited compilation of cost and statistical 39 15 data. However, to the extent funds are available within the 39 16 amount projected for reimbursement of nursing facilities 39 17 within the appropriation for medical assistance in this Act, 39 18 and within the appropriation for medical assistance as a 39 19 whole, the department shall adjust the maximum medical 39 20 assistance reimbursement for nursing facilities to the 70th 39 21 percentile, as calculated on December 31, 1995, unaudited 39 22 compilation of cost and statistical data and the adjustment 39 23 shall take effect January 1, 1996. 39 24 i. The department may revise the fee schedule used for 39 25 physician reimbursement. 39 26 j. Federally qualified health centers shall be reimbursed 39 27 at 100 percent of reasonable costs as determined by the 39 28 department in accordance with federal requirements. 39 29 k. Reimbursement for air ambulance service shall be $7.50 39 30 per mile and the base rate is $200. 39 31 2. For the fiscal year beginning July 1, 1995, the maximum 39 32 cost reimbursement rate for residential care facilities 39 33 reimbursed by the department shall be $21.32 per day. The 39 34 flat reimbursement rate for facilities electing not to file 39 35 semiannual cost reports shall be $15.25 per day. For the 40 1 fiscal year beginning July 1, 1995, the maximum reimbursement 40 2 rate for providers reimbursed under the in-home health-related 40 3 care program shall be $409.89 per month. 40 4 3. Unless otherwise directed in this section, when the 40 5 department's reimbursement methodology for any provider 40 6 reimbursed in accordance with this section includes an 40 7 inflation factor, this factor shall not exceed the amount by 40 8 which the consumer price index for all urban consumers 40 9 increased during the calendar year ending December 31, 1994. 40 10 4. Notwithstanding section 234.38, in the fiscal year 40 11 beginning July 1, 1995, the foster family basic daily 40 12 maintenance rate and the maximum adoption subsidy rate for 40 13 children ages 0 through 5 years shall be $11.61, the rate for 40 14 children ages 6 through 11 years shall be $12.33, the rate for 40 15 children ages 12 through 15 years shall be $13.45, and the 40 16 rate for children ages 16 and older shall be $14.27. 40 17 Effective July 1, 1995, payments to foster and adoptive 40 18 families shall be calculated on a daily basis. Effective July 40 19 1, 1995, the special care allowance paid to adoptive families 40 20 who have adopted a child with special needs and is eligible 40 21 for an adoptive subsidy shall be the same as foster care. 40 22 5. For the fiscal year beginning July 1, 1995, the maximum 40 23 reimbursement rates for social service providers shall be the 40 24 same as the rates in effect on June 30, 1995, except under any 40 25 of the following circumstances: 40 26 a. If a new service was added after June 30, 1995, the 40 27 initial reimbursement rate for the service shall be based upon 40 28 actual and allowable costs. 40 29 b. If a social service provider loses a source of income 40 30 used to determine the reimbursement rate for the provider, the 40 31 provider's reimbursement rate may be adjusted to reflect the 40 32 loss of income, provided that the lost income was used to 40 33 support actual and allowable costs of a service purchased 40 34 under a purchase of service contract. 40 35 6. The group foster care reimbursement rates paid for 41 1 placement of children out-of-state shall be calculated 41 2 according to the same rate-setting principles as those used 41 3 for in-state providers unless the director determines that 41 4 appropriate care cannot be provided within the state. The 41 5 payment of the daily rate shall be based on the number of days 41 6 in the calendar month in which service is provided. 41 7 7. The maximum daily reimbursement rate for shelter care 41 8 shall not exceed $75.56. Payment shall be based on the number 41 9 of days in the calendar month in which the service is 41 10 provided. 41 11 8. The department may adopt emergency rules to implement 41 12 the provisions of this section. 41 13 Sec. 25. ASSISTANCE TO GAMBLERS. The Iowa lottery board 41 14 and the state racing and gaming commission shall cooperate 41 15 with the gamblers assistance program to incorporate 41 16 information regarding the gamblers assistance program and its 41 17 toll-free telephone number in printed materials distributed by 41 18 the board and commission. The commission may require 41 19 licensees to have the information available in a conspicuous 41 20 place as a condition of licensure. 41 21 Sec. 26. STATE INSTITUTIONS &endash; CLOSINGS AND REDUCTIONS. 41 22 If a state institution administered by the department of human 41 23 services is to be closed or reduced in size, prior to the 41 24 closing or reduction the department shall initiate and 41 25 coordinate efforts in cooperation with the Iowa department of 41 26 economic development to develop new jobs in the area in which 41 27 the state institution is located. In addition, the department 41 28 may take other actions to utilize the facilities of an 41 29 institution, including but not limited to assisting not-for- 41 30 profit users with remodeling and lease costs by forgiving 41 31 future rental or lease payments to the extent necessary for a 41 32 period not to exceed five years. 41 33 Sec. 27. 1994 Iowa Acts, chapter 1186, section 10, 41 34 unnumbered paragraph 2, is amended to read as follows: 41 35 For child and family services: 42 1 .................................................. $74,617,61242 2 81,264,807 42 3 Sec. 28. 1994 Iowa Acts, chapter 1186, section 18, 42 4 unnumbered paragraph 2, is amended to read as follows: 42 5 For purchase of local services for persons with mental 42 6 illness, mental retardation, and developmental disabilities 42 7 services where the client has no established county of legal 42 8 settlement: 42 9 .................................................. $5,973,49242 10 2,973,492 42 11 Sec. 29. 1994 Iowa Acts, chapter 1186, section 19, 42 12 unnumbered paragraph 2, is amended to read as follows: 42 13 For mental illness, mental retardation, developmental 42 14 disabilities, and brain injury community services in 42 15 accordance with the provisions of this Act: 42 16 ................................................. $29,277,95842 17 21,860,789 42 18 Sec. 30. 1994 Iowa Acts, chapter 1186, section 19, 42 19 subsection 6, paragraph a, as amended by 1994 Iowa Acts, 42 20 chapter 1199, section 70, is amended to read as follows: 42 21 a. Of the funds appropriated in this section,$13,038,76342 22 $5,621,594 is allocated for distribution to counties for local 42 23 purchase of services for persons with mental illness or mental 42 24 retardation or other developmental disability. 42 25 Sec. 31. 1994 Iowa Acts, chapter 1186, section 20, 42 26 unnumbered paragraph 2, is amended to read as follows: 42 27 For field operations, including salaries, support, 42 28 maintenance, and miscellaneous purposes: 42 29 .................................................. $37,567,63942 30 41,337,613 42 31 Sec. 32. 1994 Iowa Acts, chapter 1194, section 10, 42 32 subsections 2 and 3, are amended to read as follows: 42 33 2. Not more than $1,725,1482,078,730 of the funds 42 34 appropriated in subsection 1 shall be used by the department 42 35 of human services for general administration. From the funds 43 1 set aside by this subsection for general administration, the 43 2 department of human services shall pay to the auditor of state 43 3 an amount sufficient to pay the cost of auditing the use and 43 4 administration of the state's portion of the funds 43 5 appropriated in subsection 1. 43 6 3. In addition to the allocation for general 43 7 administration in subsection 2, the remaining funds 43 8 appropriated in subsection 1 shall be allocated in the 43 9 following amounts to supplement appropriations for the federal 43 10 fiscal year beginning October 1, 1994, for the following 43 11 programs within the department of human services: 43 12 a. Field operations: 43 13 .................................................. $12,124,29743 14 11,322,332 43 15 b. Child and family services: 43 16 .................................................. $14,101,01943 17 -0- 43 18 c. Child care assistance: 43 19 .................................................. $1,310,65243 20 1,581,230 43 21 d. Local administrative costs and other local services: 43 22 .................................................. $1,164,21043 23 1,462,851 43 24 e. Volunteers: 43 25 .................................................. $122,77843 26 148,259 43 27 f. Community-based services: 43 28 .................................................. $146,32143 29 183,855 43 30 g. Local purchase: 43 31 .................................................. $ 10,917,169 43 32 h. MI/MR state cases: 43 33 .................................................. $ 3,000,000 43 34 Sec. 33. EMERGENCY RULES. If specifically authorized by a 43 35 provision of this Act, the department of human services or the 44 1 mental health and mental retardation commission may adopt 44 2 administrative rules under section 17A.4, subsection 2, and 44 3 section 17A.5, subsection 2, paragraph "b", to implement the 44 4 provisions and the rules shall become effective immediately 44 5 upon filing, unless the effective date is delayed by the 44 6 administrative rules review committee or a later effective 44 7 date is specified in the rules. In addition, the department 44 8 may adopt administrative rules in accordance with the 44 9 provisions of this section as necessary to comply with federal 44 10 requirements or to adjust to a change in the level of federal 44 11 funding which affect refugee programs during the fiscal year 44 12 beginning July 1, 1995, and ending June 30, 1996. Any rules 44 13 adopted in accordance with the provisions of this section 44 14 shall not take effect before the rules are reviewed by the 44 15 administrative rules review committee. Any rules adopted in 44 16 accordance with the provisions of this section shall also be 44 17 published as notice of intended action as provided in section 44 18 17A.4. 44 19 Sec. 34. EMERGENCY RULES &endash; FEDERAL PROGRAMS. If federal 44 20 funding authority and requirements applicable to the fiscal 44 21 year beginning July 1, 1995, are modified prior to the 1996 44 22 Session of the Seventy-seventh General Assembly, the 44 23 department of human services shall seek continuation of 44 24 service strategies as modified by federal policy and funding 44 25 until such time as the Seventy-seventh General Assembly adopts 44 26 changes. The department may adopt emergency rules as 44 27 necessary to continue services to citizens. 44 28 Sec. 35. EFFECTIVE DATE. Sections 27 through 32 of this 44 29 Act, amending 1994 Iowa Acts, chapters 1186 and 1194, being 44 30 deemed of immediate importance, take effect upon enactment. 44 31 EXPLANATION 44 32 This bill makes appropriations for the 1995-1996 fiscal 44 33 year to the department of human services for human services 44 34 and health care programs. 44 35 The bill also makes reductions and supplements other human 45 1 services state and federal block grant appropriations in 1994 45 2 Iowa Acts, chapter 1186 and 1194, for the 1994-1995 fiscal 45 3 year. These changes take effect upon enactment. 45 4 LSB 1988HV 76 45 5 pf/sc/14.1
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