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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. By striking page 1, line 1, through page 11, 1 5 line 50, and inserting the following: 1 6 "Amend Senate File 2442, as amended, passed, and 1 7 reprinted by the Senate, as follows: 1 8 "# . Page 1, by striking line 30 and inserting 1 9 the following: 1 10 "................................................. $ 2,000,000" 1 11 # . Page 2, by inserting after line 29 the 1 12 following: 1 13 "3. Of the funds appropriated in this section, 1 14 $10,000 is allocated to the community voice mail 1 15 program to continue the existing program. The funds 1 16 shall be available beginning July 1, 1996." 1 17 # . Page 6, by inserting before line 31 the 1 18 following: 1 19 " . If funding is projected to be available 1 20 within the amount appropriated in this section, the 1 21 department shall implement the case study for outcome- 1 22 based performance standards for programs serving 1 23 persons with mental retardation or other developmental 1 24 disabilities proposed pursuant to 1994 Iowa Acts, 1 25 chapter 1170, section 56, and expend not more than 1 26 $75,000 for the research associated with the case 1 27 study. The department shall adopt rules applicable to 1 28 the programs included in the case study, request a 1 29 waiver of applicable federal requirements, and take 1 30 other actions deemed necessary by the department to 1 31 implement the case study. 1 32 . A member of the joint appropriations 1 33 subcommittee on human services participating during 1 34 the 1996 legislative interim in a planning process for 1 35 long-term care involving a national foundation held by 1 36 the department in the state, is entitled to per diem 1 37 and expenses payable as a joint expense under section 1 38 2.12. 1 39 . The division of medical assistance of the 1 40 department of human services shall cooperate with the 1 41 attorney general who, notwithstanding chapter 668, is 1 42 encouraged to institute or join any civil action on 1 43 behalf of the state against any manufacturer of 1 44 cigarettes or other tobacco products to recover as one 1 45 of the possible remedies the full amount of medical 1 46 assistance provided by the state to a resident of the 1 47 state which is attributable to the use of cigarettes 1 48 or tobacco products." 1 49 # . Page 7, by inserting after line 17 the 1 50 following: 2 1 "3. Any future contract entered into by the 2 2 department for mental health managed care under the 2 3 medical assistance program shall include a provision 2 4 which requires the contractor to make public 2 5 information the amount of profit realized by the 2 6 contractor and the amount of funds expended by the 2 7 contractor for administrative purposes under the 2 8 contract." 2 9 # . Page 9, by striking line 24 and inserting 2 10 the following: 2 11 "b. Families with an income which is more than 100 2 12 percent but not more than 110". 2 13 # . Page 10, by inserting after line 27 the 2 14 following: 2 15 "5. If the department projects that funding for 2 16 state child care assistance is reasonably adequate to 2 17 fund the provisions of subsection 3, paragraphs "a" 2 18 and "b", the department may transfer funding 2 19 appropriated in this section to the appropriation in 2 20 this Act for child and family services to provide 2 21 additional funding for family-centered services." 2 22 # . Page 12, by striking line 1 and inserting 2 23 the following: 2 24 "................................................. $ 14,350,000" 2 25 # . Page 12, line 2, by striking the figure 2 26 "12,690,700" and inserting the following: 2 27 "13,190,700". 2 28 # . Page 12, line 15, by striking the figure 2 29 "779,315" and inserting the following: "1,029,315". 2 30 # . Page 13, by striking line 8 and inserting 2 31 the following: 2 32 "................................................. $ 6,617,000" 2 33 # . Page 13, by striking lines 24 through 29 and 2 34 inserting the following: 2 35 "2. Nonpublic assistance application fees received 2 36 by the child support recovery unit are appropriated 2 37 and shall be used for the purposes of the child 2 38 support recovery program. The director of human 2 39 services may add positions within the limitations of 2 40 the amount appropriated for salaries and support for 2 41 the positions. The director". 2 42 # . Page 14, by striking line 14 and inserting 2 43 the following: "to recover at least twice the amount 2 44 of money necessary to pay the". 2 45 # . Page 15, by striking lines 34 and 35 and 2 46 inserting the following: 2 47 "................................................. $ 13,778,000 2 48 ............................................... FTEs 320.77" 2 49 # . Page 16, by striking lines 4 and 5, and 2 50 inserting the following: 3 1 "................................................. $ 5,130,000 3 2 ............................................... FTEs 118.54" 3 3 # . Page 16, by striking line 30 and inserting 3 4 the following: 3 5 "................................................. $ 86,000,000" 3 6 # . Page 17, line 6, by striking the figure 3 7 "23,892,280" and inserting the following: 3 8 "24,292,280". 3 9 # . Page 22, by striking line 4 and inserting 3 10 the following: 3 11 "................................................. $ 2,752,000" 3 12 # . Page 26, by striking line 10 and inserting 3 13 the following: 3 14 "................................................. $ 41,927,000" 3 15 # . Page 26, by striking line 21 and inserting 3 16 the following: 3 17 "................................................. $ 17,340,000" 3 18 # . Page 27, by striking lines 23 through 26 and 3 19 inserting the following: 3 20 "3. The department may use available moneys 3 21 appropriated to the department in this Act in making 3 22 efforts to comply with the requirements of the state 3 23 under the consent decree of Connor v. Branstad, No. 4- 3 24 86-CV-30871 (S.D. Iowa, July 15, 1994)." 3 25 # . Page 28, line 15, by inserting after the 3 26 word "used" the following: "by the division of 3 27 children and family services". 3 28 # . Page 28, by inserting after line 18 the 3 29 following: 3 30 "If an enactment by the Seventy-sixth General 3 31 Assembly, 1996 Session, amends section 225C.47 to 3 32 provide a children-at-home component under the 3 33 comprehensive family support program, the division of 3 34 children and family services shall utilize not more 3 35 than $250,000 of the funds appropriated in this 3 36 section to implement a pilot project of the component 3 37 in at least one rural and one urban county. Not more 3 38 than $50,000 of the funds allocated in this paragraph 3 39 shall be used for administrative costs." 3 40 # . Page 29, by striking line 28 and inserting 3 41 the following: 3 42 "................................................. $ 16,730,000" 3 43 # . Page 32, by inserting after line 23 the 3 44 following: 3 45 "6A. Of the funds appropriated in this section, 3 46 $500,000 shall be distributed to counties in 3 47 accordance with the local purchase of service 3 48 provisions of subsection 7 and shall be used to 3 49 increase reimbursement for sheltered workshops." 3 50 # . Page 33, by striking line 5 and inserting 4 1 the following: "division of children and family 4 2 services to". 4 3 # . Page 34, line 2, by striking the figure 4 4 "379.00" and inserting the following: "378.00". 4 5 # . Page 34, by striking lines 6 through 13. 4 6 # . Page 34, line 14, by striking the word and 4 7 figure "3. The" and inserting the following: "2. a. 4 8 Except as provided under this subsection and under the 4 9 appropriation in this Act to the legislative council, 4 10 the". 4 11 # . By striking page 34, line 22, through page 4 12 35, line 9, and inserting the following: "Assembly. 4 13 b. The department may make changes to the 4 14 requirements for periodic reporting by participants 4 15 under the family investment program, food stamp 4 16 program, or medical assistance program if the changes 4 17 would result in a reduction in paperwork for the 4 18 participants and for department staff. If a federal 4 19 waiver is necessary to implement a change, the 4 20 department may submit the waiver request to the United 4 21 States departments of health and human services and 4 22 agriculture, as applicable. If the department elects 4 23 to submit a waiver request or to adopt rules to 4 24 implement a change under this paragraph, the 4 25 department shall first consult with a group similar to 4 26 the work group that considered the state human 4 27 investment policy proposal or with a successor 4 28 interagency task force which makes recommendations 4 29 concerning the family investment program, and shall 4 30 share the proposals with the chairpersons and ranking 4 31 members of the committees on human resources of the 4 32 senate and house of representatives. 4 33 c. If implementation of the request would result 4 34 in increased federal funding and would permit greater 4 35 flexibility in service funding, the department may 4 36 submit a waiver request to the United States 4 37 department of health and human services for Title IV-E 4 38 funding to be provided to the state in a fixed amount. 4 39 Prior to submission of the request, the department 4 40 shall consult with representatives of the juvenile 4 41 court and service providers. 4 42 Sec. . DEPARTMENT OF HUMAN SERVICES 4 43 RESTRUCTURING TASK FORCE ON THE FUTURE OF HUMAN 4 44 SERVICES. There is appropriated from the general fund 4 45 of the state to the legislative council for the fiscal 4 46 year beginning July 1, 1996, and ending June 30, 1997, 4 47 the following amount, or so much thereof as is 4 48 necessary, to be used for the purpose designated: 4 49 For expenses associated with the activities of the 4 50 task force for assessing the structure and function of 5 1 the department of human services and human services 5 2 programs in accordance with this section: 5 3 .................................................. $ 100,000 5 4 1. The legislative council shall establish a task 5 5 force to develop a comprehensive proposal for changing 5 6 the role and function of the department of human 5 7 services and its programs. The purpose of the changes 5 8 is to improve services to Iowans through the creation 5 9 of new federal, state, and local partnerships. The 5 10 task force shall make recommendations regarding 5 11 restructuring the department of human services in 5 12 order to achieve better human services results, to 5 13 improve the quality of service delivery, and to 5 14 increase the quality of the department's interaction 5 15 with the public. The task force may also assess 5 16 program duplication and linkages with other federal, 5 17 state, or local programs or funding streams. 5 18 2. The task force shall be composed of not more 5 19 than 21 members and shall include not more than five 5 20 representatives appointed by the governor and 5 21 legislators who are members of the joint 5 22 appropriations subcommittee on human services and 5 23 other knowledgeable legislators designated by the 5 24 legislative council. The task force may use moneys 5 25 appropriated in this section for technical assistance. 5 26 The task force shall consult with service consumers, 5 27 experts who are representative of organizations such 5 28 as nonprofit service organizations, health insurers, 5 29 and human services-oriented community organizations, 5 30 representatives of local governments, representatives 5 31 of state agencies, federal officials with expertise or 5 32 responsibilities regarding human services in Iowa, and 5 33 others, as determined by the task force. The report 5 34 shall be completed prior to the convening of the 5 35 Seventy-seventh General Assembly. 5 36 The task force shall provide for public input 5 37 concerning the four modification proposals developed 5 38 by the department in response to proposed federal 5 39 actions submitted to the joint appropriations 5 40 subcommittee on human services in February 1996. 5 41 The task force may establish work groups to assist 5 42 in the task force's consideration of the modification 5 43 proposals which may include the following: 5 44 a. A review of the child welfare modification 5 45 proposal which may include input from representatives 5 46 of the juvenile court, service providers, families 5 47 receiving services, the attorney general, 5 48 representatives of local governments, representatives 5 49 of state agencies, and other citizens and officials. 5 50 b. A review of the mental health and developmental 6 1 disabilities proposal which shall incorporate issues 6 2 associated with implementation of the funding reform 6 3 enacted in Senate File 69; usage of service providers 6 4 such as intermediate care facilities for the mentally 6 5 retarded, state institutions, and other services for 6 6 persons with disabilities; distribution of services 6 7 throughout the state; and other issues. In addition, 6 8 the review shall consider a proposal to replace the 6 9 single contract for managed care under medical 6 10 assistance with not more than four regional plans 6 11 utilizing collaborations between community mental 6 12 health centers as umbrella agencies. 6 13 c. A review of the family investment program 6 14 proposal which may include input from the work group 6 15 which considered the state human investment policy 6 16 proposal or a successor interagency task force which 6 17 makes recommendations to the department concerning the 6 18 family investment program. Consideration of issues 6 19 associated with the proposal may include review of the 6 20 emergency assistance program, the family development 6 21 and self-sufficiency (FaDSS) program, and child day 6 22 care programs, and an assessment of the feasibility of 6 23 transferring all or part of the functions of the child 6 24 support recovery unit to other agencies of state 6 25 government. 6 26 d. A review of the medical assistance proposal 6 27 which may include input from representatives of the 6 28 medical assistance advisory council, the long-term 6 29 care resident's advocate, and consumer groups such as 6 30 the Iowa affiliate of the American association of 6 31 retired persons, Iowa citizens' action network, 6 32 governor's planning council for developmental 6 33 disabilities, and representatives of maternal and 6 34 child health centers. 6 35 2. If federal law requires the state to make 6 36 changes in the programs and services directed to the 6 37 populations addressed by the modification proposals 6 38 and authorizes the changes to be made without state 6 39 legislation, the department shall adopt rules to 6 40 implement the changes. The rules shall be submitted 6 41 to the task force for review and recommendation prior 6 42 to their submission to the administrative rules review 6 43 committee." 6 44 # . Page 36, by inserting before line 7 the 6 45 following: 6 46 "Sec. . HEALTHY FAMILY PROGRAM. There is 6 47 appropriated from the general fund of the state to the 6 48 Iowa department of public health for the fiscal year 6 49 beginning July 1, 1996, and ending June 30, 1997, the 6 50 following amount, or so much thereof as is necessary, 7 1 to be used for the purpose designated: 7 2 For the Iowa healthy family program under section 7 3 135.106: 7 4 .................................................. $ 115,000" 7 5 # . By striking page 36, line 34, through page 7 6 37, line 1, and inserting the following: "during the 7 7 fiscal year ending June 30, 1996. In addition,". 7 8 # . Page 37, by inserting after line 28 the 7 9 following: 7 10 " . The department may modify the reimbursement 7 11 methodology for skilled nursing facilities which 7 12 participated in the medical assistance program on or 7 13 before May 31, 1993, and which met the departmental 7 14 disproportionate share payment provisions as of May 7 15 31, 1993, if it is possible to demonstrate that the 7 16 modification would result in a cost savings to the 7 17 medical assistance program." 7 18 # . Page 39, by striking lines 1 and 2 and 7 19 inserting the following: 7 20 "c. The department revises the reimbursement rates 7 21 as part of the changes in the mental health and 7 22 developmental disabilities services system initiated 7 23 pursuant to 1995 Iowa Acts, chapter 206 (Senate File 7 24 69), and associated legislation. 7 25 d. The reimbursement rate revision is necessary to 7 26 implement the change required by the appropriation in 7 27 this Act for an increase in the reimbursement for 7 28 residential care facilities." 7 29 # . Page 39, by inserting after line 32 the 7 30 following: 7 31 " . a. A pharmaceutical manufacturer that 7 32 provides products eligible for payment or paid for 7 33 under the medical assistance program, shall report to 7 34 the board of medical examiners on or before January 1, 7 35 1997, all income and other benefits with a monetary 7 36 value provided by the manufacturer during the previous 7 37 year to a person licensed under chapter 148, 150, or 7 38 150A which is intended to influence, change, modify, 7 39 educate, or otherwise affect the licensee's practice 7 40 of the licensee's profession. 7 41 b. A pharmaceutical manufacturer that provides 7 42 products eligible for payment or paid for under the 7 43 medical assistance program, shall report to the board 7 44 of pharmacy examiners, on or before January 1, 1997, 7 45 all income and other benefits with a monetary value 7 46 provided by the manufacturer during the previous year 7 47 to a person licensed under chapter 155A that was 7 48 intended to influence, change, modify, educate, or 7 49 otherwise affect the licensee's practice of the 7 50 licensee's profession. 8 1 c. A pharmaceutical manufacturer who fails to 8 2 submit the reports required under paragraphs "a" and 8 3 "b" is subject to loss of participation in the medical 8 4 assistance program. 8 5 d. A third-party payor, as designated pursuant to 8 6 section 514C.6, shall disclose to the commissioner of 8 7 insurance on or before January 1, 1997, the total of 8 8 all pharmaceutical rebates received by the payor from 8 9 any pharmaceutical manufacturer in the previous state 8 10 fiscal year." 8 11 # . Page 40, by striking lines 1 through 4 and 8 12 inserting the following: "80th percentile. The 8 13 department shall address any other proposals for 8 14 containment of intermediate care facilities for the 8 15 mentally retarded costs with the work group for 8 16 restructuring of the department of human services 8 17 created pursuant to this Act." 8 18 # . Page 40, by striking lines 13 through 18 and 8 19 inserting the following: 8 20 "11. The department shall negotiate with providers 8 21 of services under the department's medical assistance 8 22 rehabilitative treatment program for children and 8 23 families, to revise the department's rules providing 8 24 reimbursement rates under the program, including a 8 25 review of cost principles. The goals for the revision 8 26 are to simplify the reimbursement process, reduce 8 27 paperwork for providers, and provide full payment for 8 28 necessary services provided under contract with the 8 29 department. Prior to adoption of the rules and no 8 30 later than October 1, 1996, the department". 8 31 # . Page 40, by inserting after line 23 the 8 32 following: 8 33 " . The department of human services, in 8 34 consultation with representatives of nursing 8 35 facilities, consumers, and other interested entities, 8 36 shall establish definitions for the direct health 8 37 care, administrative, room and board, and property 8 38 cost categories for reimbursement of nursing 8 39 facilities under the medical assistance program and 8 40 shall submit the definitions, recommendations for 8 41 distribution of reimbursement of costs among the cost 8 42 categories, and any other recommendations associated 8 43 with reimbursement of nursing facilities developed to 8 44 the general assembly on or before December 16, 1996." 8 45 # . By striking page 40, line 32, through page 8 46 41, line 10, and inserting the following: 8 47 "For an increase in the purchase of service 8 48 reimbursement rate for adult residential services 8 49 provided to persons residing in any category of 8 50 licensed residential care facility. Beginning July 1, 9 1 1996, provider service rates for adult residential 9 2 services shall be increased up to the amount of actual 9 3 and allowable costs plus inflation, based upon the 9 4 cost reports on which rates have been established as 9 5 of April 1, 1996. However, a provider service rate 9 6 shall not be increased by more than $4.36 per day. If 9 7 a provider service rate in effect prior to July 1, 9 8 1996, is greater than the actual and allowable costs 9 9 plus inflation, based upon the cost report, or if the 9 10 difference between the provider service rate and the 9 11 actual and allowable costs is less than $.44 per day, 9 12 the provider service rate shall be increased by $.44 9 13 per day:" 9 14 # . Page 41, line 16, by inserting after the 9 15 word "fund." the following: "Use of the funding is 9 16 restricted to reimbursement of a licensed residential 9 17 care facility provider of adult residential services 9 18 which had a purchase of service contract for those 9 19 services in effect on June 30, 1996, and for which the 9 20 rate negotiated for fiscal year 1996-1997 is greater 9 21 than the rate paid in fiscal year 1995-1996." 9 22 # . Page 41, by inserting after line 33 the 9 23 following: 9 24 "Sec. . RUNAWAY TREATMENT PLAN GRANTS. There 9 25 is appropriated from the general fund of the state to 9 26 the division of criminal and juvenile justice planning 9 27 of the department of human rights for the fiscal year 9 28 beginning July 1, 1996, and ending June 30, 1997, the 9 29 following amount, or so much thereof as is necessary, 9 30 to be used for the purposes designated: 9 31 For demonstration grants for implementation of 9 32 runaway treatment plans in accordance with this 9 33 section: 9 34 .................................................. $ 200,000 9 35 1. The division shall utilize the moneys 9 36 appropriated in this section for grants to develop two 9 37 demonstration programs to implement the provisions of 9 38 sections 232.195 and 232.196, as enacted in this Act, 9 39 with one program in an urban area and one program in a 9 40 rural area. The grantees shall provide up to twelve 9 41 assessment and counseling beds and intensive family- 9 42 centered services designed to determine the reasons 9 43 children run away from home and methods to ameliorate 9 44 the reasons so that children may either return home or 9 45 receive necessary services. Not more than $10,000 of 9 46 the moneys shall be used for evaluation and other 9 47 means for grantees to report on the successes and 9 48 failures of the demonstration grants and methods to 9 49 improve services to children who run away from home. 9 50 2. The department of human services and the 10 1 division may adopt emergency rules to implement the 10 2 provisions of section 232.196, subsection 3, as 10 3 enacted by this Act. 10 4 Sec. . IOWA HEALTHY KIDS PROGRAM. There is 10 5 appropriated from the general fund of the state to the 10 6 Iowa healthy kids trust fund for the fiscal year 10 7 beginning July 1, 1996, and ending June 30, 1997, the 10 8 following amount, or so much thereof as is necessary, 10 9 to be used for the purpose designated: 10 10 For planning, administration, and implementation of 10 11 the Iowa healthy kids program: 10 12 .................................................. $ 200,000" 10 13 # . Page 41, by striking line 35 and inserting 10 14 the following: 10 15 "1. If a state institution administered by the 10 16 department of human". 10 17 # . Page 42, line 6, by striking the word "the" 10 18 and inserting the following: "any closed units or 10 19 other". 10 20 # . Page 42, line 10, by inserting after the 10 21 word "years." the following: "The department of human 10 22 services and the department of economic development 10 23 shall submit a joint report on or before January 2, 10 24 1997, regarding any efforts made pursuant to this 10 25 subsection. 10 26 2. For purposes of this section, "institution" 10 27 means a state mental health institute or state 10 28 hospital-school. If excess capacity exists at a state 10 29 institution beyond the capacity required for 10 30 placements at the institution under law, 10 31 notwithstanding chapter 23A, the department of human 10 32 services may enter into a contract with a private 10 33 managed care health insurance plan or an organized 10 34 delivery system for health care, to provide services 10 35 during the fiscal year beginning July 1, 1996, at the 10 36 institution for the plan or system." 10 37 # . Page 42, by inserting after line 25 the 10 38 following: 10 39 "Sec. . REPORTS BY PROVIDERS OF FOSTER CARE 10 40 SERVICES – REVIEW – PROCESS SIMPLIFICATION. The 10 41 department of human services shall consult with 10 42 providers of rehabilitation treatment services 10 43 relating to the medical assistance child services 10 44 initiative in reviewing provider requirements relating 10 45 to financial and statistical accountability reporting 10 46 and the process for submission of the reports relating 10 47 to these requirements. Following this review, and no 10 48 later than January 1, 1997, the department of human 10 49 services shall implement a process which provides, at 10 50 a minimum, for a simplified means of documenting 11 1 compliance with provider accountability requirements 11 2 which shall, at a minimum, include consolidation of 11 3 the reports required and which may provide a means for 11 4 submission of the reports in an electronic format." 11 5 # . Page 42, line 27, by striking the word 11 6 "subsection" and inserting the following: 11 7 "subsections". 11 8 # . Page 43, by inserting after line 4 the 11 9 following: 11 10 "NEW SUBSECTION. 7. A psychiatric institution 11 11 licensed prior to January 1, 1996, may exceed the 11 12 number of beds authorized under subsections 5 and 5A 11 13 if the excess beds are used to provide services funded 11 14 from a source other than the medical assistance 11 15 program under chapter 249A. Notwithstanding 11 16 subsections 4, 5, and 5A, the provision of services 11 17 using such excess beds does not require a certificate 11 18 of need or a review by the department of human 11 19 services. 11 20 Sec. . Section 228.5, subsection 1, Code 1995, 11 21 is amended to read as follows: 11 22 1. An individual or an individual's legal 11 23 representative shall be informed that mental health 11 24 information relating to the individual may be 11 25 disclosed to employees or agents of or for the same 11 26 mental health facility or to other providers of 11 27 professional services or their employees or agents if 11 28 and to the extent necessary to facilitate the 11 29 provision of administrative and professional services 11 30 to the individual. 11 31 Sec. . Section 228.5, Code 1995, is amended by 11 32 adding the following new subsection: 11 33 NEW SUBSECTION. 4. Mental health information 11 34 relating to an individual may be disclosed to other 11 35 providers of professional services or their employees 11 36 or agents if and to the extent necessary to facilitate 11 37 the provision of administrative and professional 11 38 services to the individual. 11 39 Sec. . Section 232.2, Code Supplement 1995, is 11 40 amended by adding the following new subsection: 11 41 NEW SUBSECTION. 6A. "Chronic runaway" means a 11 42 child who is reported to law enforcement as a runaway 11 43 more than once in any month or three or more times in 11 44 a year. 11 45 Sec. . Section 232.19, subsection 1, paragraph 11 46 c, Code 1995, is amended to read as follows: 11 47 c. By a peace officerfor the purpose of reuniting11 48a child with the child's family or removing the child11 49to a shelter care facilityor a juvenile court 11 50 officer, when the peace officer or juvenile court 12 1 officer has reasonable grounds to believe the child 12 2 has run away from the child's parents, guardian, or 12 3 custodian, for the purposes of determining whether the 12 4 child shall be reunited with the child's parents, 12 5 guardian, or custodian, placed in shelter care, or, if 12 6 a chronic runaway, placed in a runaway assessment and 12 7 treatment center under section 232.196." 12 8 # . Page 43, by striking lines 5 through 11 and 12 9 inserting the following: 12 10 "Sec. . Section 232.143, Code Supplement 1995, 12 11 is amended to read as follows: 12 12 232.143 REGIONAL GROUP FOSTER CARETARGETBUDGET 12 13 TARGETS. 12 14 1. A statewide expenditure targetfor the average12 15number offor children in group foster care placements 12 16on any day ofin a fiscal year, which placements are a 12 17 charge upon or are paid for by the state, shall be 12 18 established annually in an appropriation bill by the 12 19 general assembly. The department and the judicial 12 20 department shall jointly develop a formula for 12 21 allocating a portion of the statewide expenditure 12 22 target established by the general assembly to each of 12 23 the department's regions. The formula shall be based 12 24 upon the region's proportion of the state population 12 25 of children and of the statewidenumber of12 26 expenditures for children placed in group foster care 12 27 in the previous five completed fiscal years. The 12 28numberexpenditure amount determined in accordance 12 29 with the formula shall be the group foster care 12 30placementbudget target for that region. A region may 12 31 exceed its budget target for group foster care by not 12 32 more than five percent in a fiscal year, provided the 12 33 overall funding allocated by the department for all 12 34 child welfare services in the region is not exceeded. 12 35 2. For each of the department's regions, 12 36 representatives appointed by the department and the 12 37 juvenile court shall establish a plan for containing 12 38 thenumber ofexpenditures for children placed in 12 39 group foster care ordered by the court within the 12 40 budget target allocated to that region pursuant to 12 41 subsection 1. The plan shall include monthly targets 12 42 and strategies for developing alternatives to group 12 43 foster care placements in order to contain 12 44 expenditures for child welfare servicesprovided to12 45childrenwithin the amount appropriated by the general 12 46 assembly for that purpose. Each regional plan shall 12 47 be established in advance of the fiscal year to which 12 48 the regional plan applies. To the extent possible, 12 49 the department and the juvenile court shall coordinate 12 50 the planning required under this subsection with 13 1 planning for services paid under section 232.141, 13 2 subsection 4. The department's regional administrator 13 3 shall communicate regularly, as specified in the 13 4 regional plan, with the juvenile courts within that 13 5 region concerning the current status of the regional 13 6 plan's implementation. 13 7 3. State payment for group foster care placements 13 8 shall be limited to those placements which are in 13 9 accordance with the regional plans developed pursuant 13 10 to subsection 2. If a proposed group foster care 13 11 placement in a region would meet the region's plan 13 12 requirements except that the placement would cause a 13 13 monthly or overall budget target to be exceeded and 13 14 the child is eligible for an alternative service which 13 15 is costlier and more restrictive than the proposed 13 16 placement, the director of human services, after 13 17 consultation with appropriate juvenile court 13 18 officials, may allow an exception to policy and 13 19 authorize the placement. At the close of the fiscal 13 20 year, moneys for specific placements authorized by the 13 21 director under this subsection shall be transferred 13 22 from the state appropriation for the alternative 13 23 placement to the appropriation for group foster care 13 24 placements, as necessary to prevent a deficit in the 13 25 appropriation for group foster care. 13 26 Sec. . NEW SECTION. 232.195 RUNAWAY TREATMENT 13 27 PLAN. 13 28 A county, multicounty, or nonprofit organization 13 29 may develop a runaway treatment plan to address 13 30 problems with chronic runaway children in the area 13 31 served by the organization. The organization shall 13 32 submit the plan to the department of human rights, 13 33 division of criminal and juvenile justice planning for 13 34 approval for funding. The plan shall identify the 13 35 problems with chronic runaway children and specific 13 36 solutions to be implemented, including the development 13 37 of a runaway assessment and treatment center and may 13 38 include a request for funding. The division may award 13 39 funds appropriated for implementation of the runaway 13 40 treatment plan to shelter care homes which are 13 41 licensed or approved by the department of human 13 42 services. 13 43 Sec. . NEW SECTION. 232.196 RUNAWAY 13 44 ASSESSMENT AND TREATMENT CENTER. 13 45 1. As part of a county, multicounty, or nonprofit 13 46 organization's runaway treatment plan under section 13 47 232.195, the organization may establish a runaway 13 48 assessment and treatment center. A center shall be 13 49 operated by an entity which is licensed or approved by 13 50 the department to operate a shelter care home. A 14 1 center shall provide services to assess a child who is 14 2 referred to the center for being a chronic runaway and 14 3 intensive family counseling designed to address any 14 4 problem causing the child to run away. 14 5 2. a. If a child is a chronic runaway and is not 14 6 sent home with the child's parent, guardian, or 14 7 custodian, the child may be placed in a runaway 14 8 assessment and treatment center by a peace officer, 14 9 juvenile court officer, or the child if the officer, 14 10 juvenile court officer, or the child believes it to be 14 11 in the child's best interest after consulting with the 14 12 child's parent, guardian, or custodian. 14 13 b. Within forty-eight hours of being placed in the 14 14 center the child shall be assessed by a center 14 15 counselor to determine the reasons why the child is a 14 16 chronic runaway and whether child in need of 14 17 assistance or family in need of assistance proceedings 14 18 are appropriate. As soon as practicable following the 14 19 assessment, the child and the child's parent, 14 20 guardian, or custodian shall be provided the 14 21 opportunity for counseling sessions to identify the 14 22 underlying causes of the runaway behavior and to 14 23 develop a plan to address those causes. 14 24 c. A child shall be released from a runaway 14 25 assessment and treatment center to the child's parent, 14 26 guardian, or custodian not later than forty-eight 14 27 hours after being placed in the center unless the 14 28 child is placed in shelter care under section 232.21 14 29 or an order is entered under section 232.78. A child 14 30 whose parent, guardian, or custodian failed to attend 14 31 counseling or who fails to take custody of the child 14 32 at the end of placement in the center may be the 14 33 subject of a child in need of assistance petition or 14 34 such other order as the juvenile court finds to be in 14 35 the child's best interest. 14 36 3. The department of human services may establish 14 37 a special category within rules applicable to a 14 38 juvenile shelter care home licensed or approved by the 14 39 department which provides for operation of a runaway 14 40 assessment and treatment center by such a home. Any 14 41 rules applicable to the special category shall be 14 42 jointly developed by the department of human services 14 43 and the division of criminal and juvenile justice 14 44 planning of the department of human rights." 14 45 # . Page 43, by striking lines 19 through 21 and 14 46 inserting the following: "debt for the three months 14 47 preceding the earlier of the following: 14 48 a. The provision by the child support recovery 14 49 unit of the initial notice to the parent or guardian 14 50 of the amount of the support obligation. 15 1 b. The date that the written request for a court 15 2 hearing is received by the child support recovery unit 15 3 as provided in section 252C.3 or 252F.3." 15 4 # . Page 45, by inserting after line 31 the 15 5 following: 15 6 "Sec. . Section 252B.4, Code 1995, is amended 15 7 to read as follows: 15 8 252B.4 NONASSISTANCE CASES. 15 9 The child support and paternity determination 15 10 services established by the department pursuant to 15 11 this chapter and other appropriate services provided 15 12 by law including but not limited to the provisions of 15 13 chapters 239, 252A, 252C, 252D, 252E, 252F, 598, and 15 14 600B shall be made available by the unit to an 15 15 individual not otherwise eligible as a public 15 16 assistance recipient upon application by the 15 17 individual for the services. The application shall be 15 18 filed with the department. 15 19 1. The director shall require an application fee 15 20 of five dollars. 15 212. The director may require an additional fee to15 22cover the costs incurred by the department in15 23providing the support collection and paternity15 24determination services.15 25a. The director shall, by rule, establish and15 26inform all applicants for support enforcement and15 27paternity determination services of the fee schedule.15 28b. The additional fee for services may be deducted15 29from the amount of the support money recovered by the15 30department or may be collected from the recipient of15 31the services following recovery of support money by15 32the department.15 333.2. When the unit intercepts a federal tax 15 34 refund of an obligor for payment of delinquent support 15 35 and the funds are due to a recipient of services who 15 36 is not otherwise eligible for public assistance, the 15 37 unit shall deduct a twenty-five dollar fee from the 15 38 funds before forwarding the balance to the recipient. 15 39 a. The unit shall inform the recipient of the fee 15 40 under this subsection prior to assessment. 15 41 b. The fee shall be assessed only to individuals 15 42 who receive support from the federal tax refund offset 15 43 program. If the tax refund due the recipient is less 15 44 than fifty dollars, the fee shall not be assessed. 15 454. The department may adopt rules to establish15 46fees which provide for recovery of administrative15 47costs of the program in addition to other fees15 48identified.15 495.3. Fees collected pursuant to this section 15 50 shall be retained by the department for use by the 16 1 unit. The director or a designee shall keep an 16 2 accurate record of funds so retained. 16 36.4. An application fee paid by a recipient of 16 4 services pursuant to subsection 1 may be recovered by 16 5 the unit from the person responsible for payment of 16 6 support and if recovered, shall be used to reimburse 16 7 the recipient of services. 16 8 a. The fee shall be an automatic judgment against 16 9 the person responsible to pay support. 16 10 b. This subsection shall serve as constructive 16 11 notice that the fee is a debt due and owing, is an 16 12 automatic judgment against the person responsible for 16 13 support, and is assessed as the fee is paid by a 16 14 recipient of services. The fee may be collected in 16 15 addition to any support payments or support judgment 16 16 ordered, and no further notice or hearing is required 16 17 prior to collecting the fee. 16 18 c. Notwithstanding any provision to the contrary, 16 19 the unit may collect the fee through any legal means 16 20 by which support payments may be collected, including 16 21 but not limited to income withholding under chapter 16 22 252D or income tax refund offsets, unless prohibited 16 23 under federal law. 16 24 d. The unit is not required to file these 16 25 judgments with the clerk of the district court, but 16 26 shall maintain an accurate accounting of the fee 16 27 assessed, the amount of the fee, and the recovery of 16 28 the fee. 16 29 e. Support payments collected shall not be applied 16 30 to the recovery of the fee until all other support 16 31 obligations under the support order being enforced, 16 32 which have accrued through the end of the current 16 33 calendar month, have been paid or satisfied in full. 16 34 f. This subsection applies to fees that become due 16 35 on or after July 1, 1992." 16 36 # . Page 45, by inserting before line 32 the 16 37 following: 16 38 "Sec. . NEW SECTION. 514I.1 IOWA HEALTHY KIDS 16 39 PROGRAM – LEGISLATIVE INTENT. 16 40 1. The general assembly finds that increased 16 41 access to health care services could improve 16 42 children's health and reduce the incidence and costs 16 43 of childhood illness and disabilities among children 16 44 in this state. Many children do not have health care 16 45 services available or funded, and for those who do, 16 46 lack of access is a restriction to obtaining such 16 47 services. It is the intent of the general assembly 16 48 that a program be implemented to provide health care 16 49 services and comprehensive health benefits or 16 50 insurance coverage to children. A goal for the 17 1 program is to cooperate with any existing programs 17 2 with similar purposes funded by either the public or 17 3 private sector. 17 4 2. For the purposes of this chapter, unless the 17 5 context otherwise requires: 17 6 a. "Advisory council" means the advisory council 17 7 created by the division under section 514I.4. 17 8 b. "Division" means the insurance division of the 17 9 department of commerce. 17 10 c. "Program" means the program developed by the 17 11 division in accordance with section 514I.3. 17 12 Sec. . NEW SECTION. 514I.2 IOWA HEALTHY KIDS 17 13 PROGRAM AUTHORIZATION. 17 14 1. The general assembly authorizes the division to 17 15 implement the Iowa healthy kids program. The division 17 16 shall have all powers necessary to carry out the 17 17 purposes of this chapter, including, but not limited 17 18 to, the power to receive and accept grants, loans, or 17 19 advances of funds from any person and to receive and 17 20 accept from any source contributions of money, 17 21 property, labor, or any other thing of value, to be 17 22 held, used, and applied for the purposes of the 17 23 program. 17 24 2. The program shall operate initially on a pilot 17 25 project basis to include urban and rural areas. 17 26 Expansion beyond the initial pilot project is subject 17 27 to authorization by law. 17 28 3. Implementation of the program shall be limited 17 29 to the extent of the funding appropriated for the 17 30 purposes of the program. 17 31 Sec. . NEW SECTION. 514I.3 IOWA HEALTHY KIDS 17 32 PROGRAM OBJECTIVES. 17 33 The division shall develop a program to attain all 17 34 of the following objectives: 17 35 1. Organize groupings of children for provision of 17 36 comprehensive health benefits or insurance coverage. 17 37 2. Arrange for the collection of any payment or 17 38 premium, in an amount to be determined by the 17 39 division. The payment or premium shall be collected 17 40 from a family of a participating child or other person 17 41 to provide for payment for health care services or 17 42 premiums for comprehensive health benefits or 17 43 insurance coverage and for the actual or estimated 17 44 administrative expenses incurred during the period for 17 45 which the payments are made. The amount of payment or 17 46 premium charged shall be based on the ability of the 17 47 family of a child to pay. The division shall provide 17 48 for adjustment of the amount charged to reflect 17 49 contributions, public subsidy, or other means used to 17 50 defray the amount charged. 18 1 3. Establish administrative and accounting 18 2 procedures for the operation of the program. 18 3 4. Establish, in consultation with appropriate 18 4 professional organizations, standards for health care 18 5 services, providers, and comprehensive health benefits 18 6 or insurance coverage appropriate for children and 18 7 their family members. 18 8 5. Establish eligibility criteria which children 18 9 and their family members must meet in order to 18 10 participate in the program. 18 11 6. Establish participation criteria for the 18 12 program and, if appropriate, contract with an 18 13 authorized insurer, health maintenance organization, 18 14 or insurance or benefits administrator to provide 18 15 administrative services to the program. 18 16 7. Contract with authorized insurers, benefits 18 17 providers, or any provider of health care services 18 18 meeting standards established by the division, for the 18 19 provision of comprehensive health benefits or 18 20 insurance coverage and health care services to 18 21 participants. 18 22 8. Develop and implement a plan to publicize the 18 23 program, eligibility requirements of the program, and 18 24 procedures for enrollment in the program and to 18 25 maintain public awareness of the program. 18 26 9. Provide for administration of the program. 18 27 10. As appropriate, enter into contracts with 18 28 local school boards or other agencies to provide on- 18 29 site information, enrollment, and other services 18 30 necessary to the operation of the program. 18 31 11. Provide an interim report on or before March 18 32 1, 1997, to the governor and general assembly, on the 18 33 development of the program to date and an annual 18 34 report thereafter until the program is terminated or 18 35 extended statewide. 18 36 Sec. . NEW SECTION. 514I.4 ADVISORY COUNCIL. 18 37 1. The division may create an advisory council to 18 38 assist the division in implementing the program. The 18 39 advisory council membership may include, but is not 18 40 limited to, the following: 18 41 a. A school administrator. 18 42 b. A member of a school board. 18 43 c. An employee of the state or local government in 18 44 public health services. 18 45 d. A pediatrician who is a member of the American 18 46 academy of pediatrics, Iowa chapter. 18 47 e. The director of human services or the 18 48 director's designee. 18 49 f. A member of the association of Iowa hospitals 18 50 and health systems. 19 1 g. A representative of authorized health care 19 2 insurers or health maintenance organizations. 19 3 h. A representative of a university center for 19 4 health issues. 19 5 i. A family practice physician who is a member of 19 6 the Iowa academy of family physicians. 19 7 j. A school nurse who is a member of the Iowa 19 8 nurses association. 19 9 k. The director of public health or the director's 19 10 designee. 19 11 l. A citizen who is knowledgeable concerning 19 12 health care and children's issues. 19 13 m. A citizen who is a parent with children at home 19 14 who is active in a school-parent organization. 19 15 2. Advisory council members are entitled to 19 16 receive, from funds of the division, reimbursement for 19 17 actual and necessary expenses incurred in the 19 18 performance of their official duties. 19 19 Sec. . NEW SECTION. 514I.5 LICENSING NOT 19 20 REQUIRED – FISCAL OPERATION. 19 21 1. Health benefits or insurance coverage obtained 19 22 under the program is secondary to any other available 19 23 private or public health benefits or insurance 19 24 coverage held by the participant child. The division 19 25 may establish procedures for coordinating benefits 19 26 under this program with benefits under other public 19 27 and private coverage. 19 28 2. The program shall not be deemed to be 19 29 insurance. However, the insurance division may 19 30 require that any marketing representative utilized and 19 31 compensated by the program be appointed as a 19 32 representative of the insurers or health benefits 19 33 services providers with which the program contracts. 19 34 Sec. . NEW SECTION. 514I.6 THE IOWA HEALTHY 19 35 KIDS TRUST FUND. 19 36 1. An Iowa healthy kids trust fund is created in 19 37 the state treasury under the authority of the 19 38 commissioner of insurance, to which all appropriations 19 39 shall be deposited and used to carry out the purposes 19 40 of this chapter. Other revenues of the program such 19 41 as grants, contributions, matching funds, and 19 42 participant payments shall not be considered revenue 19 43 of the state, but rather shall be funds of the 19 44 program. However, the division may designate portions 19 45 of grants, contributions, matching funds, and 19 46 participant payments as funds of the state and deposit 19 47 those funds in the trust fund. 19 48 2. The trust fund shall be separate from the 19 49 general fund of the state and shall not be considered 19 50 part of the general fund of the state. The moneys in 20 1 the trust fund are not subject to section 8.33 and 20 2 shall not be transferred, used, obligated, 20 3 appropriated, or otherwise encumbered except as 20 4 provided in this section. Notwithstanding section 20 5 12C.7, subsection 2, interest or earnings on moneys 20 6 deposited in the trust fund shall be credited to the 20 7 trust fund. 20 8 Sec. . NEW SECTION. 514I.7 ACCESS TO RECORDS 20 9 – CONFIDENTIALITY – PENALTIES. 20 10 1. Notwithstanding any other law to the contrary, 20 11 the program shall have access to the medical records 20 12 of a child who is participating or applying to 20 13 participate in the program upon receipt of permission 20 14 from a parent or guardian of the child, including but 20 15 not limited to the medical records maintained by the 20 16 state or a political subdivision of the state. 20 17 Notwithstanding chapter 22, any identifying 20 18 information, including medical records and family 20 19 financial information, obtained by the program 20 20 pursuant to this subsection is confidential. The 20 21 program, the program's employees, and agents of the 20 22 program shall not release, without the written consent 20 23 of the participant or the parent or guardian of the 20 24 participant, to any state or federal agency, to any 20 25 private business or person, or to any other entity, 20 26 any confidential information received pursuant to this 20 27 subsection. 20 28 2. A violation of the provisions of subsection 1 20 29 is a serious misdemeanor. 20 30 Sec. . Section 710.8, Code 1995, is amended by 20 31 adding the following new subsection: 20 32 NEW SUBSECTION. 4. A person shall not harbor a 20 33 runaway child with the intent of allowing the runaway 20 34 child to remain away from home against the wishes of 20 35 the child's parent, guardian, or custodian. However, 20 36 the provisions of this subsection do not apply to a 20 37 shelter care home which is licensed or approved by the 20 38 department of human services." 20 39 # . Page 47, line 5, by inserting after the word 20 40 "unless" the following: "the effective date is 20 41 delayed by the administrative rules review committee 20 42 or". 20 43 # . Page 47, line 6, by inserting after the word 20 44 "rules." the following: "Any rules adopted in 20 45 accordance with the provisions of this section shall 20 46 not take effect before the rules are reviewed by the 20 47 administrative rules review committee." 20 48 # . By renumbering, relettering, or 20 49 redesignating and correcting internal references as 20 50 necessary." 21 1 21 2 21 3 21 4 JOHNIE HAMMOND 21 5 LARRY MURPHY 21 6 SF 2442.331 76 21 7 pf/cf
Text: S05732 Text: S05734 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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