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PAG LIN 1 1 Amend the House amendment, S-5550, to Senate File 1 2 2442, as amended, passed, and reprinted by the Senate, 1 3 as follows: 1 4 #1. Page 1, line 10, by inserting after the word 1 5 "program." the following: "The funds shall be 1 6 available beginning July 1, 1996." 1 7 #2. Page 1, by striking lines 26 through 36. 1 8 #3. Page 1, by inserting before line 37 the 1 9 following: 1 10 " . A member of the joint appropriations 1 11 subcommittee on human services participating during 1 12 the 1996 legislative interim in a planning process for 1 13 long-term care involving a national foundation held by 1 14 the department in the state, is entitled to per diem 1 15 and expenses payable as a joint expense under section 1 16 2.12. 1 17 . The division of medical assistance of the 1 18 department of human services shall cooperate with the 1 19 attorney general who, notwithstanding chapter 668, is 1 20 encouraged to institute or join any civil action on 1 21 behalf of the state against any manufacturer of 1 22 cigarettes or other tobacco products to recover as one 1 23 of the possible remedies the full amount of medical 1 24 assistance provided by the state to a resident of the 1 25 state which is attributable to the use of cigarettes 1 26 or tobacco products." 1 27 #4. By striking page 1, line 47, through page 2, 1 28 line 3, and inserting the following: 1 29 "# . Page 9, by striking line 24 and inserting 1 30 the following: 1 31 "b. Families with an income which is more than 100 1 32 percent but not more than 110". 1 33 # . Page 10, by inserting after line 27 the 1 34 following: 1 35 "5. If the department projects that funding for 1 36 state child care assistance is reasonably adequate to 1 37 fund the provisions of subsection 3, paragraphs "a" 1 38 and "b", the department may transfer funding 1 39 appropriated in this section to the appropriation in 1 40 this Act for child and family services to provide 1 41 additional funding for family-centered services."" 1 42 #5. Page 2, line 6, by striking the figure 1 43 "12,300,000" and inserting the following: 1 44 "14,350,000". 1 45 #6. Page 2, line 9, by striking the figure 1 46 "11,390,700" and inserting the following: 1 47 "13,190,700". 1 48 #7. Page 2, by inserting after line 9 the 1 49 following: 1 50 "# . Page 12, line 15, by striking the figure 2 1 "779,315" and inserting the following: "1,029,315"." 2 2 #8. By striking page 2, line 10, through page 4, 2 3 line 36, and inserting the following: 2 4 "# . Page 13, by striking line 8 and inserting 2 5 the following: 2 6 ".......................................... $ 6,617,000" 2 7 # . Page 13, by striking lines 24 through 29 and 2 8 inserting the following: 2 9 "2. Nonpublic assistance application fees received 2 10 by the child support recovery unit are appropriated 2 11 and shall be used for the purposes of the child 2 12 support recovery program. The director of human 2 13 services may add positions within the limitations of 2 14 the amount appropriated for salaries and support for 2 15 the positions. The director". 2 16 # . Page 14, by striking line 14 and inserting 2 17 the following: "to recover at least twice the amount 2 18 of money necessary to pay the"." 2 19 #9. Page 4, line 47, by striking the figure 2 20 "86,211,014" and inserting the following: 2 21 "86,000,000". 2 22 #10. Page 4, line 50, by striking the figure 2 23 "23,792,280" and inserting the following: 2 24 "24,292,280". 2 25 #11. By striking page 5, line 1, through page 6, 2 26 line 4, and inserting the following: 2 27 "# . Page 22, by striking line 4 and inserting 2 28 the following: 2 29 ".......................................... $ 2,752,000"" 2 30 #12. Page 6, line 7, by striking the figure 2 31 "41,527,000" and inserting the following: 2 32 "41,927,000". 2 33 #13. Page 6, line 10, by striking the figure 2 34 "16,940,000" and inserting the following: 2 35 "17,340,000". 2 36 #14. Page 6, line 11, by striking the figure "26." 2 37 and inserting the following: "26 and inserting the 2 38 following: 2 39 "3. The department may use available moneys 2 40 appropriated to the department in this Act in making 2 41 efforts to comply with the requirements of the state 2 42 under the consent decree of Connor v. Branstad, No. 4- 2 43 86-CV-30871 (S.D. Iowa, July 15, 1994)."" 2 44 #15. By striking page 6, line 12, through page 7, 2 45 line 7. 2 46 #16. Page 7, by inserting before line 8 the 2 47 following: 2 48 "# . Page 28, line 15, by inserting after the 2 49 word "used" the following: "by the division of 2 50 children and family services"." 3 1 #17. Page 7, by striking lines 8 through 10 and 3 2 inserting the following: 3 3 "# . Page 28, by inserting after line 18 the 3 4 following: 3 5 "If an enactment by the Seventy-sixth General 3 6 Assembly, 1996 Session, amends section 225C.47 to 3 7 provide a children-at-home component under the 3 8 comprehensive family support program, the division of 3 9 children and family services shall utilize not more 3 10 than $250,000 of the funds appropriated in this 3 11 section to implement a pilot project of the component 3 12 in at least one rural and one urban county. Not more 3 13 than $50,000 of the funds allocated in this paragraph 3 14 shall be used for administrative costs." 3 15 # . Page 29, by striking line 28 and inserting 3 16 the following: 3 17 "................................................. $ 16,730,000" 3 18 # . Page 32, by inserting after line 23 the 3 19 following: 3 20 "6A. Of the funds appropriated in this section, 3 21 $500,000 shall be distributed to counties in 3 22 accordance with the local purchase of service 3 23 provisions of subsection 7 and shall be used to 3 24 increase reimbursement for sheltered workshops."" 3 25 #18. Page 7, by striking lines 11 through 16 and 3 26 inserting the following: 3 27 "# . Page 33, by striking line 5 and inserting 3 28 the following: "division of children and family 3 29 services to"." 3 30 #19. Page 7, line 18, by striking the figure 3 31 "376.00" and inserting the following: "378.00". 3 32 #20. Page 7, line 21, by striking the figure "2." 3 33 and inserting the following: "2. a." 3 34 #21. Page 7, line 22, by inserting after the word 3 35 "provided" the following: "under this subsection 3 36 and". 3 37 #22. Page 7, by striking line 26 and inserting the 3 38 following: 3 39 ""b. The department may make changes to the 3 40 requirements for periodic reporting by participants 3 41 under the family investment program, food stamp 3 42 program, or medical assistance program if the changes 3 43 would result in a reduction in paperwork for the 3 44 participants and for department staff. If a federal 3 45 waiver is necessary to implement a change, the 3 46 department may submit the waiver request to the United 3 47 States departments of health and human services and 3 48 agriculture, as applicable. If the department elects 3 49 to submit a waiver request or to adopt rules to 3 50 implement a change under this paragraph, the 4 1 department shall first consult with a group similar to 4 2 the work group that considered the state human 4 3 investment policy proposal or with a successor 4 4 interagency task force which makes recommendations 4 5 concerning the family investment program, and shall 4 6 share the proposals with the chairpersons and ranking 4 7 members of the committees on human resources of the 4 8 senate and house of representatives. 4 9 c. If implementation of the request would result 4 10 in increased federal funding and would permit greater 4 11 flexibility in service funding, the department may 4 12 submit a waiver request to the United States 4 13 department of health and human services for Title IV-E 4 14 funding to be provided to the state in a fixed amount. 4 15 Prior to submission of the request, the department 4 16 shall consult with representatives of the juvenile 4 17 court and service providers. 4 18 Sec. . DEPARTMENT OF HUMAN SERVICES". 4 19 #23. Page 8, by striking lines 34 through 37. 4 20 #24. Page 8, line 45, by inserting after the word 4 21 "issues." the following: "In addition, the review 4 22 shall consider a proposal to replace the single 4 23 contract for managed care under medical assistance 4 24 with not more than four regional plans utilizing 4 25 collaborations between community mental health centers 4 26 as umbrella agencies." 4 27 #25. Page 9, line 14, by inserting after the word 4 28 "persons" the following: ", Iowa citizens' action 4 29 network, governor's planning council for developmental 4 30 disabilities, and representatives of maternal and 4 31 child health centers". 4 32 #26. Page 9, by striking lines 24 through 26. 4 33 #27. Page 9, by inserting before line 27 the 4 34 following: 4 35 "# . Page 36, by inserting before line 7 the 4 36 following: 4 37 "Sec. . HEALTHY FAMILY PROGRAM. There is 4 38 appropriated from the general fund of the state to the 4 39 Iowa department of public health for the fiscal year 4 40 beginning July 1, 1996, and ending June 30, 1997, the 4 41 following amount, or so much thereof as is necessary, 4 42 to be used for the purpose designated: 4 43 For the Iowa healthy family program under section 4 44 135.106: 4 45 .................................................. $ 115,000"" 4 46 #28. Page 10, by striking line 13 and inserting 4 47 the following: "full-time employees of the nursing 4 48 facility. For the purposes of this subparagraph 4 49 subdivision, a "full-time employee" means an employee 4 50 who works thirty hours per week or more." 5 1 #29. Page 10, by striking lines 28 through 39 and 5 2 inserting the following: 5 3 "# . Page 39, by striking lines 27 through 32 5 4 and inserting the following: 5 5 "8. a. A pharmaceutical manufacturer that 5 6 provides products eligible for payment or paid for 5 7 under the medical assistance program, shall report to 5 8 the board of medical examiners on or before January 1, 5 9 1997, all income and other benefits with a monetary 5 10 value provided by the manufacturer during the previous 5 11 year to a person licensed under chapter 148, 150, or 5 12 150A which is intended to influence, change, modify, 5 13 educate, or otherwise affect the licensee's practice 5 14 of the licensee's profession. 5 15 b. A pharmaceutical manufacturer that provides 5 16 products eligible for payment or paid for under the 5 17 medical assistance program, shall report to the board 5 18 of pharmacy examiners, on or before January 1, 1997, 5 19 all income and other benefits with a monetary value 5 20 provided by the manufacturer during the previous year 5 21 to a person licensed under chapter 155A that was 5 22 intended to influence, change, modify, educate, or 5 23 otherwise affect the licensee's practice of the 5 24 licensee's profession. 5 25 c. A pharmaceutical manufacturer who fails to 5 26 submit the reports required under paragraphs "a" and 5 27 "b" is subject to loss of participation in the medical 5 28 assistance program. 5 29 d. A third-party payor, as designated pursuant to 5 30 section 514C.6, shall disclose to the commissioner of 5 31 insurance on or before January 1, 1997, the total of 5 32 all pharmaceutical rebates received by the payor from 5 33 any pharmaceutical manufacturer in the previous state 5 34 fiscal year."" 5 35 #30. Page 10, by inserting after line 46 the 5 36 following: 5 37 "# . Page 40, by striking lines 13 through 18 5 38 and inserting the following: 5 39 "11. The department shall negotiate with providers 5 40 of services under the department's medical assistance 5 41 rehabilitative treatment program for children and 5 42 families, to revise the department's rules providing 5 43 reimbursement rates under the program, including a 5 44 review of cost principles. The goals for the revision 5 45 are to simplify the reimbursement process, reduce 5 46 paperwork for providers, and provide full payment for 5 47 necessary services provided under contract with the 5 48 department. Prior to adoption of the rules and no 5 49 later than October 1, 1996, the department". 5 50 # . By striking page 40, line 32, through page 6 1 41, line 10, and inserting the following: 6 2 "For an increase in the purchase of service 6 3 reimbursement rate for adult residential services 6 4 provided to persons residing in any category of 6 5 licensed residential care facility. Beginning July 1, 6 6 1996, provider service rates for adult residential 6 7 services shall be increased up to the amount of actual 6 8 and allowable costs plus inflation, based upon the 6 9 cost reports on which rates have been established as 6 10 of April 1, 1996. However, a provider service rate 6 11 shall not be increased by more than $4.36 per day. If 6 12 a provider service rate in effect prior to July 1, 6 13 1996, is greater than the actual and allowable costs 6 14 plus inflation, based upon the cost report, or if the 6 15 difference between the provider service rate and the 6 16 actual and allowable costs is less than $.44 per day, 6 17 the provider service rate shall be increased by $.44 6 18 per day:" 6 19 # . Page 41, line 16, by inserting after the 6 20 word "fund." the following: "Use of the funding is 6 21 restricted to reimbursement of a licensed residential 6 22 care facility provider of adult residential services 6 23 which had a purchase of service contract for those 6 24 services in effect on June 30, 1996, and for which the 6 25 rate negotiated for fiscal year 1996-1997 is greater 6 26 than the rate paid in fiscal year 1995-1996."" 6 27 #31. Page 10, by striking lines 47 and 48. 6 28 #32. By striking page 10, line 49, through page 6 29 11, line 8. 6 30 #33. Page 11, by inserting before line 9 the 6 31 following: 6 32 "# . Page 41, by inserting after line 33 the 6 33 following: 6 34 "Sec. . RUNAWAY TREATMENT PLAN GRANTS. There 6 35 is appropriated from the general fund of the state to 6 36 the division of criminal and juvenile justice planning 6 37 of the department of human rights for the fiscal year 6 38 beginning July 1, 1996, and ending June 30, 1997, the 6 39 following amount, or so much thereof as is necessary, 6 40 to be used for the purposes designated: 6 41 For demonstration grants for implementation of 6 42 runaway treatment plans in accordance with this 6 43 section: 6 44 .................................................. $ 200,000 6 45 1. The division shall utilize the moneys 6 46 appropriated in this section for grants to develop two 6 47 demonstration programs to implement the provisions of 6 48 sections 232.195 and 232.196, as enacted in this Act, 6 49 with one program in an urban area and one program in a 6 50 rural area. The grantees shall provide up to twelve 7 1 assessment and counseling beds and intensive family- 7 2 centered services designed to determine the reasons 7 3 children run away from home and methods to ameliorate 7 4 the reasons so that children may either return home or 7 5 receive necessary services. Not more than $10,000 of 7 6 the moneys shall be used for evaluation and other 7 7 means for grantees to report on the successes and 7 8 failures of the demonstration grants and methods to 7 9 improve services to children who run away from home. 7 10 2. The department of human services and the 7 11 division may adopt emergency rules to implement the 7 12 provisions of section 232.196, subsection 3, as 7 13 enacted by this Act. 7 14 Sec. . IOWA HEALTHY KIDS PROGRAM. There is 7 15 appropriated from the general fund of the state to the 7 16 Iowa healthy kids trust fund for the fiscal year 7 17 beginning July 1, 1996, and ending June 30, 1997, the 7 18 following amount, or so much thereof as is necessary, 7 19 to be used for the purpose designated: 7 20 For planning, administration, and implementation of 7 21 the Iowa healthy kids program: 7 22 .................................................. $ 200,000" 7 23 # . Page 41, by striking line 35 and inserting 7 24 the following: 7 25 "1. If a state institution administered by the 7 26 department of human"." 7 27 #34. Page 11, by inserting after line 11 the 7 28 following: 7 29 "# . Page 42, line 10, by inserting after the 7 30 word "years." the following: "The department of human 7 31 services and the department of economic development 7 32 shall submit a joint report on or before January 2, 7 33 1997, regarding any efforts made pursuant to this 7 34 subsection. 7 35 2. For purposes of this section, "institution" 7 36 means a state mental health institute or state 7 37 hospital-school. If excess capacity exists at a state 7 38 institution beyond the capacity required for 7 39 placements at the institution under law, 7 40 notwithstanding chapter 23A, the department of human 7 41 services may enter into a contract with a private 7 42 managed care health insurance plan or an organized 7 43 delivery system for health care, to provide services 7 44 during the fiscal year beginning July 1, 1996, at the 7 45 institution for the plan or system."" 7 46 #35. Page 11, by inserting before line 30 the 7 47 following: 7 48 "# . Page 42, line 27, by striking the word 7 49 "subsection" and inserting the following: 7 50 "subsections". 8 1 # . Page 43, by inserting after line 4 the 8 2 following: 8 3 "NEW SUBSECTION. 7. A psychiatric institution 8 4 licensed prior to January 1, 1996, may exceed the 8 5 number of beds authorized under subsections 5 and 5A 8 6 if the excess beds are used to provide services funded 8 7 from a source other than the medical assistance 8 8 program under chapter 249A. Notwithstanding 8 9 subsections 4, 5, and 5A, the provision of services 8 10 using such excess beds does not require a certificate 8 11 of need or a review by the department of human 8 12 services. 8 13 Sec. . Section 232.2, Code Supplement 1995, is 8 14 amended by adding the following new subsection: 8 15 NEW SUBSECTION. 6A. "Chronic runaway" means a 8 16 child who is reported to law enforcement as a runaway 8 17 more than once in any month or three or more times in 8 18 a year. 8 19 Sec. . Section 232.19, subsection 1, paragraph 8 20 c, Code 1995, is amended to read as follows: 8 21 c. By a peace officerfor the purpose of reuniting8 22a child with the child's family or removing the child8 23to a shelter care facilityor a juvenile court 8 24 officer, when the peace officer or juvenile court 8 25 officer has reasonable grounds to believe the child 8 26 has run away from the child's parents, guardian, or 8 27 custodian, for the purposes of determining whether the 8 28 child shall be reunited with the child's parents, 8 29 guardian, or custodian, placed in shelter care, or, if 8 30 a chronic runaway, placed in a runaway assessment and 8 31 treatment center under section 232.196. 8 32 Sec. . NEW SECTION. 232.195 RUNAWAY TREATMENT 8 33 PLAN. 8 34 A county, multicounty, or nonprofit organization 8 35 may develop a runaway treatment plan to address 8 36 problems with chronic runaway children in the area 8 37 served by the organization. The organization shall 8 38 submit the plan to the department of human rights, 8 39 division of criminal and juvenile justice planning for 8 40 approval for funding. The plan shall identify the 8 41 problems with chronic runaway children and specific 8 42 solutions to be implemented, including the development 8 43 of a runaway assessment and treatment center and may 8 44 include a request for funding. The division may award 8 45 funds appropriated for implementation of the runaway 8 46 treatment plan to shelter care homes which are 8 47 licensed or approved by the department of human 8 48 services. 8 49 Sec. . NEW SECTION. 232.196 RUNAWAY 8 50 ASSESSMENT AND TREATMENT CENTER. 9 1 1. As part of a county, multicounty, or nonprofit 9 2 organization's runaway treatment plan under section 9 3 232.195, the organization may establish a runaway 9 4 assessment and treatment center. A center shall be 9 5 operated by an entity which is licensed or approved by 9 6 the department to operate a shelter care home. A 9 7 center shall provide services to assess a child who is 9 8 referred to the center for being a chronic runaway and 9 9 intensive family counseling designed to address any 9 10 problem causing the child to run away. 9 11 2. a. If a child is a chronic runaway and is not 9 12 sent home with the child's parent, guardian, or 9 13 custodian, the child may be placed in a runaway 9 14 assessment and treatment center by a peace officer, 9 15 juvenile court officer, or the child if the officer, 9 16 juvenile court officer, or the child believes it to be 9 17 in the child's best interest after consulting with the 9 18 child's parent, guardian, or custodian. 9 19 b. Within forty-eight hours of being placed in the 9 20 center the child shall be assessed by a center 9 21 counselor to determine the reasons why the child is a 9 22 chronic runaway and whether child in need of 9 23 assistance or family in need of assistance proceedings 9 24 are appropriate. As soon as practicable following the 9 25 assessment, the child and the child's parent, 9 26 guardian, or custodian shall be provided the 9 27 opportunity for counseling sessions to identify the 9 28 underlying causes of the runaway behavior and to 9 29 develop a plan to address those causes. 9 30 c. A child shall be released from a runaway 9 31 assessment and treatment center to the child's parent, 9 32 guardian, or custodian not later than forty-eight 9 33 hours after being placed in the center unless the 9 34 child is placed in shelter care under section 232.21 9 35 or an order is entered under section 232.78. A child 9 36 whose parent, guardian, or custodian failed to attend 9 37 counseling or who fails to take custody of the child 9 38 at the end of placement in the center may be the 9 39 subject of a child in need of assistance petition or 9 40 such other order as the juvenile court finds to be in 9 41 the child's best interest. 9 42 3. The department of human services may establish 9 43 a special category within rules applicable to a 9 44 juvenile shelter care home licensed or approved by the 9 45 department which provides for operation of a runaway 9 46 assessment and treatment center by such a home. Any 9 47 rules applicable to the special category shall be 9 48 jointly developed by the department of human services 9 49 and the division of criminal and juvenile justice 9 50 planning of the department of human rights."" 10 1 #36. Page 11, line 30, by striking the figure 10 2 "11." and inserting the following: "11 and inserting 10 3 the following: 10 4 "Sec. . Section 232.143, Code Supplement 1995, 10 5 is amended to read as follows: 10 6 232.143 REGIONAL GROUP FOSTER CARETARGETBUDGET 10 7 TARGETS. 10 8 1. A statewide expenditure targetfor the average10 9number offor children in group foster care placements 10 10on any day ofin a fiscal year, which placements are a 10 11 charge upon or are paid for by the state, shall be 10 12 established annually in an appropriation bill by the 10 13 general assembly. The department and the judicial 10 14 department shall jointly develop a formula for 10 15 allocating a portion of the statewide expenditure 10 16 target established by the general assembly to each of 10 17 the department's regions. The formula shall be based 10 18 upon the region's proportion of the state population 10 19 of children and of the statewidenumber of10 20 expenditures for children placed in group foster care 10 21 in the previous five completed fiscal years. The 10 22numberexpenditure amount determined in accordance 10 23 with the formula shall be the group foster care 10 24placementbudget target for that region. A region may 10 25 exceed its budget target for group foster care by not 10 26 more than five percent in a fiscal year, provided the 10 27 overall funding allocated by the department for all 10 28 child welfare services in the region is not exceeded. 10 29 2. For each of the department's regions, 10 30 representatives appointed by the department and the 10 31 juvenile court shall establish a plan for containing 10 32 thenumber ofexpenditures for children placed in 10 33 group foster care ordered by the court within the 10 34 budget target allocated to that region pursuant to 10 35 subsection 1. The plan shall include monthly targets 10 36 and strategies for developing alternatives to group 10 37 foster care placements in order to contain 10 38 expenditures for child welfare servicesprovided to10 39childrenwithin the amount appropriated by the general 10 40 assembly for that purpose. Each regional plan shall 10 41 be established in advance of the fiscal year to which 10 42 the regional plan applies. To the extent possible, 10 43 the department and the juvenile court shall coordinate 10 44 the planning required under this subsection with 10 45 planning for services paid under section 232.141, 10 46 subsection 4. The department's regional administrator 10 47 shall communicate regularly, as specified in the 10 48 regional plan, with the juvenile courts within that 10 49 region concerning the current status of the regional 10 50 plan's implementation. 11 1 3. State payment for group foster care placements 11 2 shall be limited to those placements which are in 11 3 accordance with the regional plans developed pursuant 11 4 to subsection 2. If a proposed group foster care 11 5 placement in a region would meet the region's plan 11 6 requirements except that the placement would cause a 11 7 monthly or overall budget target to be exceeded and 11 8 the child is eligible for an alternative service which 11 9 is costlier and more restrictive than the proposed 11 10 placement, the director of human services, after 11 11 consultation with appropriate juvenile court 11 12 officials, may allow an exception to policy and 11 13 authorize the placement. At the close of the fiscal 11 14 year, moneys for specific placements authorized by the 11 15 director under this subsection shall be transferred 11 16 from the state appropriation for the alternative 11 17 placement to the appropriation for group foster care 11 18 placements, as necessary to prevent a deficit in the 11 19 appropriation for group foster care."" 11 20 #37. Page 11, by inserting after line 39 the 11 21 following: 11 22 "# . Page 45, by inserting after line 31 the 11 23 following: 11 24 "Sec. . Section 252B.4, Code 1995, is amended 11 25 to read as follows: 11 26 252B.4 NONASSISTANCE CASES. 11 27 The child support and paternity determination 11 28 services established by the department pursuant to 11 29 this chapter and other appropriate services provided 11 30 by law including but not limited to the provisions of 11 31 chapters 239, 252A, 252C, 252D, 252E, 252F, 598, and 11 32 600B shall be made available by the unit to an 11 33 individual not otherwise eligible as a public 11 34 assistance recipient upon application by the 11 35 individual for the services. The application shall be 11 36 filed with the department. 11 37 1. The director shall require an application fee 11 38 of five dollars. 11 392. The director may require an additional fee to11 40cover the costs incurred by the department in11 41providing the support collection and paternity11 42determination services.11 43a. The director shall, by rule, establish and11 44inform all applicants for support enforcement and11 45paternity determination services of the fee schedule.11 46b. The additional fee for services may be deducted11 47from the amount of the support money recovered by the11 48department or may be collected from the recipient of11 49the services following recovery of support money by11 50the department.12 13.2. When the unit intercepts a federal tax 12 2 refund of an obligor for payment of delinquent support 12 3 and the funds are due to a recipient of services who 12 4 is not otherwise eligible for public assistance, the 12 5 unit shall deduct a twenty-five dollar fee from the 12 6 funds before forwarding the balance to the recipient. 12 7 a. The unit shall inform the recipient of the fee 12 8 under this subsection prior to assessment. 12 9 b. The fee shall be assessed only to individuals 12 10 who receive support from the federal tax refund offset 12 11 program. If the tax refund due the recipient is less 12 12 than fifty dollars, the fee shall not be assessed. 12 134. The department may adopt rules to establish12 14fees which provide for recovery of administrative12 15costs of the program in addition to other fees12 16identified.12 175.3. Fees collected pursuant to this section 12 18 shall be retained by the department for use by the 12 19 unit. The director or a designee shall keep an 12 20 accurate record of funds so retained. 12 216.4. An application fee paid by a recipient of 12 22 services pursuant to subsection 1 may be recovered by 12 23 the unit from the person responsible for payment of 12 24 support and if recovered, shall be used to reimburse 12 25 the recipient of services. 12 26 a. The fee shall be an automatic judgment against 12 27 the person responsible to pay support. 12 28 b. This subsection shall serve as constructive 12 29 notice that the fee is a debt due and owing, is an 12 30 automatic judgment against the person responsible for 12 31 support, and is assessed as the fee is paid by a 12 32 recipient of services. The fee may be collected in 12 33 addition to any support payments or support judgment 12 34 ordered, and no further notice or hearing is required 12 35 prior to collecting the fee. 12 36 c. Notwithstanding any provision to the contrary, 12 37 the unit may collect the fee through any legal means 12 38 by which support payments may be collected, including 12 39 but not limited to income withholding under chapter 12 40 252D or income tax refund offsets, unless prohibited 12 41 under federal law. 12 42 d. The unit is not required to file these 12 43 judgments with the clerk of the district court, but 12 44 shall maintain an accurate accounting of the fee 12 45 assessed, the amount of the fee, and the recovery of 12 46 the fee. 12 47 e. Support payments collected shall not be applied 12 48 to the recovery of the fee until all other support 12 49 obligations under the support order being enforced, 12 50 which have accrued through the end of the current 13 1 calendar month, have been paid or satisfied in full. 13 2 f. This subsection applies to fees that become due 13 3 on or after July 1, 1992."" 13 4 #38. Page 11, by inserting before line 40 the 13 5 following: 13 6 "# . Page 45, by inserting before line 32 the 13 7 following: 13 8 "Sec. . NEW SECTION. 514I.1 IOWA HEALTHY KIDS 13 9 PROGRAM – LEGISLATIVE INTENT. 13 10 1. The general assembly finds that increased 13 11 access to health care services could improve 13 12 children's health and reduce the incidence and costs 13 13 of childhood illness and disabilities among children 13 14 in this state. Many children do not have health care 13 15 services available or funded, and for those who do, 13 16 lack of access is a restriction to obtaining such 13 17 services. It is the intent of the general assembly 13 18 that a program be implemented to provide health care 13 19 services and comprehensive health benefits or 13 20 insurance coverage to children. A goal for the 13 21 program is to cooperate with any existing programs 13 22 with similar purposes funded by either the public or 13 23 private sector. 13 24 2. For the purposes of this chapter, unless the 13 25 context otherwise requires: 13 26 a. "Advisory council" means the advisory council 13 27 created by the division under section 514I.4. 13 28 b. "Division" means the insurance division of the 13 29 department of commerce. 13 30 c. "Program" means the program developed by the 13 31 division in accordance with section 514I.3. 13 32 Sec. . NEW SECTION. 514I.2 IOWA HEALTHY KIDS 13 33 PROGRAM AUTHORIZATION. 13 34 1. The general assembly authorizes the division to 13 35 implement the Iowa healthy kids program. The division 13 36 shall have all powers necessary to carry out the 13 37 purposes of this chapter, including, but not limited 13 38 to, the power to receive and accept grants, loans, or 13 39 advances of funds from any person and to receive and 13 40 accept from any source contributions of money, 13 41 property, labor, or any other thing of value, to be 13 42 held, used, and applied for the purposes of the 13 43 program. 13 44 2. The program shall operate initially on a pilot 13 45 project basis to include urban and rural areas. 13 46 Expansion beyond the initial pilot project is subject 13 47 to authorization by law. 13 48 3. Implementation of the program shall be limited 13 49 to the extent of the funding appropriated for the 13 50 purposes of the program. 14 1 Sec. . NEW SECTION. 514I.3 IOWA HEALTHY KIDS 14 2 PROGRAM OBJECTIVES. 14 3 The division shall develop a program to attain all 14 4 of the following objectives: 14 5 1. Organize groupings of children for provision of 14 6 comprehensive health benefits or insurance coverage. 14 7 2. Arrange for the collection of any payment or 14 8 premium, in an amount to be determined by the 14 9 division. The payment or premium shall be collected 14 10 from a family of a participating child or other person 14 11 to provide for payment for health care services or 14 12 premiums for comprehensive health benefits or 14 13 insurance coverage and for the actual or estimated 14 14 administrative expenses incurred during the period for 14 15 which the payments are made. The amount of payment or 14 16 premium charged shall be based on the ability of the 14 17 family of a child to pay. The division shall provide 14 18 for adjustment of the amount charged to reflect 14 19 contributions, public subsidy, or other means used to 14 20 defray the amount charged. 14 21 3. Establish administrative and accounting 14 22 procedures for the operation of the program. 14 23 4. Establish, in consultation with appropriate 14 24 professional organizations, standards for health care 14 25 services, providers, and comprehensive health benefits 14 26 or insurance coverage appropriate for children and 14 27 their family members. 14 28 5. Establish eligibility criteria which children 14 29 and their family members must meet in order to 14 30 participate in the program. 14 31 6. Establish participation criteria for the 14 32 program and, if appropriate, contract with an 14 33 authorized insurer, health maintenance organization, 14 34 or insurance or benefits administrator to provide 14 35 administrative services to the program. 14 36 7. Contract with authorized insurers, benefits 14 37 providers, or any provider of health care services 14 38 meeting standards established by the division, for the 14 39 provision of comprehensive health benefits or 14 40 insurance coverage and health care services to 14 41 participants. 14 42 8. Develop and implement a plan to publicize the 14 43 program, eligibility requirements of the program, and 14 44 procedures for enrollment in the program and to 14 45 maintain public awareness of the program. 14 46 9. Provide for administration of the program. 14 47 10. As appropriate, enter into contracts with 14 48 local school boards or other agencies to provide on- 14 49 site information, enrollment, and other services 14 50 necessary to the operation of the program. 15 1 11. Provide an interim report on or before March 15 2 1, 1997, to the governor and general assembly, on the 15 3 development of the program to date and an annual 15 4 report thereafter until the program is terminated or 15 5 extended statewide. 15 6 Sec. . NEW SECTION. 514I.4 ADVISORY COUNCIL. 15 7 1. The division may create an advisory council to 15 8 assist the division in implementing the program. The 15 9 advisory council membership may include, but is not 15 10 limited to, the following: 15 11 a. A school administrator. 15 12 b. A member of a school board. 15 13 c. An employee of the state or local government in 15 14 public health services. 15 15 d. A pediatrician who is a member of the American 15 16 academy of pediatrics, Iowa chapter. 15 17 e. The director of human services or the 15 18 director's designee. 15 19 f. A member of the association of Iowa hospitals 15 20 and health systems. 15 21 g. A representative of authorized health care 15 22 insurers or health maintenance organizations. 15 23 h. A representative of a university center for 15 24 health issues. 15 25 i. A family practice physician who is a member of 15 26 the Iowa academy of family physicians. 15 27 j. A school nurse who is a member of the Iowa 15 28 nurses association. 15 29 k. The director of public health or the director's 15 30 designee. 15 31 l. A citizen who is knowledgeable concerning 15 32 health care and children's issues. 15 33 m. A citizen who is a parent with children at home 15 34 who is active in a school-parent organization. 15 35 2. Advisory council members are entitled to 15 36 receive, from funds of the division, reimbursement for 15 37 actual and necessary expenses incurred in the 15 38 performance of their official duties. 15 39 Sec. . NEW SECTION. 514I.5 LICENSING NOT 15 40 REQUIRED – FISCAL OPERATION. 15 41 1. Health benefits or insurance coverage obtained 15 42 under the program is secondary to any other available 15 43 private or public health benefits or insurance 15 44 coverage held by the participant child. The division 15 45 may establish procedures for coordinating benefits 15 46 under this program with benefits under other public 15 47 and private coverage. 15 48 2. The program shall not be deemed to be 15 49 insurance. However, the insurance division may 15 50 require that any marketing representative utilized and 16 1 compensated by the program be appointed as a 16 2 representative of the insurers or health benefits 16 3 services providers with which the program contracts. 16 4 Sec. . NEW SECTION. 514I.6 THE IOWA HEALTHY 16 5 KIDS TRUST FUND. 16 6 1. An Iowa healthy kids trust fund is created in 16 7 the state treasury under the authority of the 16 8 commissioner of insurance, to which all appropriations 16 9 shall be deposited and used to carry out the purposes 16 10 of this chapter. Other revenues of the program such 16 11 as grants, contributions, matching funds, and 16 12 participant payments shall not be considered revenue 16 13 of the state, but rather shall be funds of the 16 14 program. However, the division may designate portions 16 15 of grants, contributions, matching funds, and 16 16 participant payments as funds of the state and deposit 16 17 those funds in the trust fund. 16 18 2. The trust fund shall be separate from the 16 19 general fund of the state and shall not be considered 16 20 part of the general fund of the state. The moneys in 16 21 the trust fund are not subject to section 8.33 and 16 22 shall not be transferred, used, obligated, 16 23 appropriated, or otherwise encumbered except as 16 24 provided in this section. Notwithstanding section 16 25 12C.7, subsection 2, interest or earnings on moneys 16 26 deposited in the trust fund shall be credited to the 16 27 trust fund. 16 28 Sec. . NEW SECTION. 514I.7 ACCESS TO RECORDS 16 29 – CONFIDENTIALITY – PENALTIES. 16 30 1. Notwithstanding any other law to the contrary, 16 31 the program shall have access to the medical records 16 32 of a child who is participating or applying to 16 33 participate in the program upon receipt of permission 16 34 from a parent or guardian of the child, including but 16 35 not limited to the medical records maintained by the 16 36 state or a political subdivision of the state. 16 37 Notwithstanding chapter 22, any identifying 16 38 information, including medical records and family 16 39 financial information, obtained by the program 16 40 pursuant to this subsection is confidential. The 16 41 program, the program's employees, and agents of the 16 42 program shall not release, without the written consent 16 43 of the participant or the parent or guardian of the 16 44 participant, to any state or federal agency, to any 16 45 private business or person, or to any other entity, 16 46 any confidential information received pursuant to this 16 47 subsection. 16 48 2. A violation of the provisions of subsection 1 16 49 is a serious misdemeanor. 16 50 Sec. . Section 710.8, Code 1995, is amended by 17 1 adding the following new subsection: 17 2 NEW SUBSECTION. 4. A person shall not harbor a 17 3 runaway child with the intent of allowing the runaway 17 4 child to remain away from home against the wishes of 17 5 the child's parent, guardian, or custodian. However, 17 6 the provisions of this subsection do not apply to a 17 7 shelter care home which is licensed or approved by the 17 8 department of human services."" 17 9 #39. By renumbering, relettering, or redesignating 17 10 and correcting internal references as necessary. 17 11 17 12 17 13 17 14 JOHNIE HAMMOND 17 15 SF 2442.522 76 17 16 pf/jw
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