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PAG LIN 1 1 DIVISION I 1 2 Section 1. Section 331.438, subsection 1, paragraph b, 1 3 Code 1995, is amended to read as follows: 1 4 b. "State payment" means the payment made by the state 1 5 under section 331.438A to a county determined to be eligible 1 6 for the payment in accordance with section 331.439.Except as1 7modified based upon the actual amount of the appropriation for1 8purposes of state payment under section 331.439, the amount of1 9the state payment for a fiscal year shall be calculated as1 10fifty percent of the amount by which the county's qualified1 11expenditures during the immediately preceding fiscal year were1 12in excess of the amount of the county's base year1 13expenditures.1 14 Sec. 2. Section 331.438, Code 1995, is amended by adding 1 15 the following new subsection: 1 16 NEW SUBSECTION. 1A. It is the public policy of the state 1 17 of Iowa for the state to increasingly assume responsibility 1 18 for the nonfederal costs of mental health and mental 1 19 retardation assistance. It is the goal of the state that over 1 20 the ten-year period beginning July 1, 1995, and ending June 1 21 30, 2005, the relative shares of the state and counties shall 1 22 become either equal or greater for the state. 1 23 Sec. 3. NEW SECTION. 331.438A STATE AND COUNTY 1 24 EXPENDITURES FOR MENTAL HEALTH, MENTAL RETARDATION, AND 1 25 DEVELOPMENTAL DISABILITIES ASSISTANCE &endash; FUND CREATED. 1 26 1. The mental health, mental retardation, and 1 27 developmental disabilities property tax relief fund is created 1 28 in the office of the treasurer of state under the authority of 1 29 the department of revenue and finance. The relief fund shall 1 30 consist of moneys appropriated to the fund. 1 31 2. The department of revenue and finance shall determine 1 32 each county's proportion of all counties' base year 1 33 expenditures, as defined in section 331.438. In each fiscal 1 34 year, a county shall receive for property tax relief the 1 35 proportion of the moneys appropriated to the relief fund for 2 1 that fiscal year equivalent to the county's proportion of all 2 2 counties' base year expenditures. 2 3 3. The director of revenue and finance shall draw warrants 2 4 on the relief fund, payable to the county treasurer in the 2 5 amount due a county in accordance with subsection 2, and mail 2 6 the warrants to county auditors by September 1 and March 1. 2 7 4. Before June 1 of each fiscal year, the director of 2 8 revenue and finance shall notify the county auditor of each 2 9 county of the amount of moneys the county will receive from 2 10 the relief fund pursuant to subsection 2 in the succeeding 2 11 fiscal year. The county auditor shall reduce the certified 2 12 budget amount received from the board of supervisors for the 2 13 succeeding fiscal year by an amount equal to the amount the 2 14 county will receive and the auditor shall determine the rate 2 15 of taxation necessary to raise the reduced amount. 2 16 5. In addition to moneys received by a county pursuant to 2 17 subsection 2, the county shall be allowed an inflation factor 2 18 adjustment for assistance paid from the county's services fund 2 19 under section 331.424A which is in accordance with the 2 20 county's management plan implemented pursuant to section 2 21 331.439. The amount of the inflation factor adjustment shall 2 22 not exceed the inflation factor amount specified in the 2 23 appropriation for the adjustment. Payment of the inflation 2 24 factor adjustment shall be made as provided in the 2 25 appropriation. 2 26 6. The director of revenue and finance shall prescribe 2 27 forms and adopt rules pursuant to chapter 17A to administer 2 28 this section. 2 29 Sec. 4. Section 331.439, Code 1995, is amended by striking 2 30 the section and inserting in lieu thereof the following: 2 31 331.439 ELIGIBILITY FOR STATE PAYMENT. 2 32 1. The state payment to eligible counties under this 2 33 section shall be made as provided in section 331.438A. A 2 34 county is eligible for the state payment, as defined in 2 35 section 331.438, for the fiscal year beginning July 1, 1995, 3 1 and for subsequent fiscal years if the director of human 3 2 services determines for a specific fiscal year that all of the 3 3 following conditions are met: 3 4 a. The county accurately reported by October 15 the 3 5 county's expenditures for mental health, mental retardation, 3 6 and developmental disabilities services for the previous 3 7 fiscal year on forms prescribed by the department of human 3 8 services. 3 9 b. The county developed and implemented a county 3 10 management plan for the county's mental health and mental 3 11 retardation services in accordance with the provisions of this 3 12 paragraph. The plan shall comply with the administrative 3 13 rules adopted for this purpose by the council on human 3 14 services and is subject to the approval of the director of 3 15 human services in consultation with the state-county 3 16 management committee created in section 331.438. The plan 3 17 shall include a description of the county's service management 3 18 provision for mental health, mental retardation, and 3 19 developmental disabilities services. The plan shall have the 3 20 following two parts: 3 21 (1) For mental health service management, the county must 3 22 contract with a state-approved managed mental health care 3 23 contractor or provide a comparable system of managed care. 3 24 For the fiscal year beginning July 1, 1995, this part of the 3 25 plan shall be implemented in October 1995 after approval by 3 26 the department of human services. For subsequent fiscal 3 27 years, this part of the plan shall be submitted to the 3 28 department by the prior April 1. 3 29 (2) For mental retardation service management, the county 3 30 shall implement a system of managed care within six months of 3 31 the date by which the department of human services approves a 3 32 managed care contractor. The county must either contract with 3 33 a state-approved mental retardation managed contractor or 3 34 provide a comparable system of managed care. In fiscal years 3 35 succeeding the fiscal year of initial implementation, this 4 1 part of the plan shall be submitted to the department of human 4 2 services by the prior April 1. 4 3 c. Changes to the approved plan are submitted sixty days 4 4 prior to the proposed change and are not to be implemented 4 5 prior to the director of human services' approval. 4 6 2. A county may provide assistance to service populations 4 7 which are not included in the service management provisions 4 8 required under subsection 1, subject to the availability of 4 9 funding. 4 10 3. For the fiscal year beginning July 1, 1996, and 4 11 succeeding fiscal years, implementation of the county 4 12 management plan is subject to a fixed budget consisting of the 4 13 moneys deposited by the state and county in the county mental 4 14 health, mental retardation, and developmental disabilities 4 15 services fund created in section 331.424A. 4 16 4. A county's implementation of the service management 4 17 provisions required under subsection 1 for mental health and 4 18 mental retardation shall incorporate the single point of entry 4 19 process described in section 331.440. 4 20 5. The basis for determining whether a managed care system 4 21 proposed by a county is comparable to a managed care 4 22 contractor approved by the department of human services shall 4 23 include but is not limited to all of the following elements: 4 24 a. The enrollment and eligibility process. 4 25 b. The scope of services included. 4 26 c. The method of plan administration. 4 27 d. The process for managing utilization and access to 4 28 services and other assistance. 4 29 e. The quality assurance process. 4 30 f. The risk management provisions and fiscal viability of 4 31 the provisions. 4 32 6. The director's approval of a county's mental health, 4 33 mental retardation, and developmental disabilities services 4 34 management plan shall not be construed to constitute 4 35 certification of the county's budget. 5 1 DIVISION II 5 2 Sec. 5. NEW SECTION. 331.424A MENTAL HEALTH, MENTAL 5 3 RETARDATION, AND DEVELOPMENTAL DISABILITIES SERVICES FUND. 5 4 1. For the purposes of this chapter, unless the context 5 5 otherwise requires, "services fund" means the county mental 5 6 health, mental retardation, and developmental disabilities 5 7 services fund created in subsection 2. 5 8 2. For the fiscal year beginning July 1, 1996, and 5 9 succeeding fiscal years, county revenues from taxes and other 5 10 sources designated for mental health, mental retardation, and 5 11 developmental disabilities services shall be credited to the 5 12 mental health, mental retardation, and developmental 5 13 disabilities services fund of the county. The board may make 5 14 appropriations from the fund for payment of services provided 5 15 under the county management plan approved pursuant to section 5 16 331.439. 5 17 3. For the fiscal year beginning July 1, 1996, and 5 18 succeeding fiscal years, receipts from the state or federal 5 19 government for such services shall be credited to the services 5 20 fund, including moneys allotted to the county from the state 5 21 payment made pursuant to section 331.439 and moneys allotted 5 22 to the county for property tax relief pursuant to section 5 23 331.438A. 5 24 4. For the fiscal year beginning July 1, 1996, and for 5 25 each subsequent fiscal year, the county may certify a levy for 5 26 payment of services. Unless otherwise provided by state law, 5 27 for each fiscal year, county revenues from taxes imposed by 5 28 the county credited to the services fund shall not exceed an 5 29 amount equal to the amount of base year expenditures for 5 30 services in the fiscal year beginning July 1, 1993, and ending 5 31 June 30, 1994, as defined in section 331.438 less the amount 5 32 of property tax relief to be received pursuant to section 5 33 331.438A in the fiscal year for which the budget is certified. 5 34 5. Appropriations specifically authorized to be made from 5 35 the mental health, mental retardation, and disabilities 6 1 services fund shall not be made from the general fund of the 6 2 county. 6 3 DIVISION III 6 4 Sec. 6. EFFECTIVE DATE. This Act, being deemed of 6 5 immediate importance, takes effect upon enactment. 6 6 EXPLANATION 6 7 This bill relates to county expenditures for mental health, 6 8 mental retardation, and developmental disabilities services by 6 9 providing for property tax reductions, establishing a county 6 10 fund for such services, and providing an effective date. 6 11 Division I relates to the county expenditures such services 6 12 by modifying current law which provides a formula for the 6 13 state to pay counties for 50 percent of the amount by which 6 14 those expenditures in the previous fiscal year exceeded a base 6 15 year expenditure amount. A county's eligibility for the state 6 16 payment is contingent upon a county complying with various 6 17 service management and planning requirements in administrative 6 18 rules adopted by the department of human services pursuant to 6 19 section 331.439. Section 331.439 is stricken and rewritten. 6 20 A mental health and developmental disabilities property tax 6 21 relief fund is created and moneys appropriated to the fund are 6 22 to be used to reduce property taxes levied for the costs of 6 23 such services. Moneys are distributed in proportion to a 6 24 county's proportion of the total base year expenditures used 6 25 for the state payment. 6 26 Division II provides authorization for counties to certify 6 27 a levy for a mental health, mental retardation, and 6 28 developmental disabilities services fund which is to be used 6 29 for receipts and expenditures for such services. 6 30 Division III provides that the bill takes effect upon 6 31 enactment. 6 32 LSB 1863HC 76 6 33 jp/jj/8.1
Text: HSB00019 Text: HSB00021 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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