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Senate File 126

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 331.438, Code 1995, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    331.438  PROPERTY TAX RELIEF FUND.
  1  5    1.  The property tax relief fund is created in the office
  1  6 of the treasurer of state under the control of the department
  1  7 of revenue and finance.  The relief fund shall consist of
  1  8 moneys appropriated to the fund.
  1  9    2.  The moneys in the relief fund shall be distributed
  1 10 annually to each county in the proportion that the population
  1 11 of each county bears to the total population in the state.
  1 12 The population of each county shall be determined by the most
  1 13 recent federal census.  Each county may have one special
  1 14 federal census taken each decade, and the population figure
  1 15 obtained shall be used in apportioning amounts under this
  1 16 section beginning with the fiscal year following the calendar
  1 17 year in which the special census is certified to the secretary
  1 18 of state.
  1 19    3.  By March 1 of each year, the director of revenue and
  1 20 finance shall notify each county of the amount of funds to be
  1 21 received by the county from the relief fund for the following
  1 22 fiscal year.  However, for the fiscal year beginning July 1,
  1 23 1995, the director of revenue and finance shall notify each
  1 24 county of the amount of such funds to be received by April 15,
  1 25 1995.
  1 26    4.  The director of revenue and finance shall draw warrants
  1 27 on the relief fund, payable to the county treasurer in the
  1 28 amount due a county in accordance with subsection 2, and shall
  1 29 mail the warrants to the county auditor by September 1 and
  1 30 March 1 of each fiscal year.
  1 31    5.  It is the intent of the general assembly to appropriate
  1 32 such funds necessary to implement this section so that the
  1 33 amount received by each county under this fund shall equal ten
  1 34 dollars per capita for each county.
  1 35    Sec. 2.  Section 331.439, Code 1995, is amended by striking
  2  1 the section and inserting in lieu thereof the following:
  2  2    331.439  ELIGIBILITY FOR STATE PAYMENT.
  2  3    1.  A county is eligible for state payment under section
  2  4 331.439A, for the fiscal year beginning July 1, 1996, and for
  2  5 subsequent fiscal years if the director of human services
  2  6 determines for a specific fiscal year that all of the
  2  7 following conditions are met:
  2  8    a.  The county accurately reported by October 15 the
  2  9 county's expenditures for mental health, mental retardation,
  2 10 and developmental disabilities services for the previous
  2 11 fiscal year on forms prescribed by the department of human
  2 12 services.
  2 13    b.  The county developed and implemented a county
  2 14 management plan for the county's mental health and mental
  2 15 retardation services in accordance with the provisions of this
  2 16 paragraph.  The plan shall comply with the administrative
  2 17 rules adopted for this purpose by the council on human
  2 18 services and is subject to the approval of the director of
  2 19 human services.  The plan shall include a description of the
  2 20 county's service management provision for mental health,
  2 21 mental retardation, and developmental disabilities services.
  2 22 The plan shall have the following two parts:
  2 23    (1)  For mental health service management, the county must
  2 24 contract with a state-approved managed mental health care
  2 25 contractor or provide a comparable system of managed care.
  2 26 For the fiscal year beginning July 1, 1996, and for subsequent
  2 27 fiscal years, this part of the plan shall be submitted to the
  2 28 department by April 1 preceding the beginning of the fiscal
  2 29 year.
  2 30    (2)  For mental retardation service management, the county
  2 31 shall implement a system of managed care within six months of
  2 32 the date by which the department of human services approves a
  2 33 managed care contractor.  The county must either contract with
  2 34 a state-approved mental retardation managed care contractor or
  2 35 provide a comparable system of managed care.  For the fiscal
  3  1 year beginning July 1, 1996, and for subsequent fiscal years,
  3  2 this part of the plan shall be submitted to the department of
  3  3 human services by April 1 preceding the beginning of the
  3  4 fiscal year.
  3  5    c.  Changes to the approved plan shall be submitted sixty
  3  6 days prior to the proposed change and are not to be
  3  7 implemented prior to the director of human services' approval.
  3  8    2.  A county may provide assistance to service populations
  3  9 with disabilities to which the county has historically
  3 10 provided assistance but who are not included in the service
  3 11 management provisions required under subsection 1, subject to
  3 12 the availability of funding.
  3 13    3.  A county's implementation of the service management
  3 14 provisions required under subsection 1 for mental health and
  3 15 mental retardation shall incorporate the single entry point
  3 16 process described in section 331.440.
  3 17    4.  The basis for determining whether a managed care system
  3 18 proposed by a county is comparable to a managed care
  3 19 contractor approved by the department of human services shall
  3 20 include but is not limited to all of the following elements:
  3 21    a.  The enrollment and eligibility process.
  3 22    b.  The scope of services included.
  3 23    c.  The method of plan administration.
  3 24    d.  The process for managing utilization and access to
  3 25 services and other assistance.
  3 26    e.  The quality assurance process.
  3 27    f.  The risk management provisions and fiscal viability of
  3 28 the provisions.
  3 29    g.  The level and type of training of employees of the
  3 30 managed care system.
  3 31    5.  The director's approval of a county's mental health,
  3 32 mental retardation, and developmental disabilities services
  3 33 management plan shall not be construed to constitute
  3 34 certification of the county's budget.
  3 35    Sec. 3.  NEW SECTION.  331.439A  MENTAL HEALTH, MENTAL
  4  1 RETARDATION, AND DEVELOPMENTAL DISABILITIES SERVICES FUND &endash;
  4  2 STATE PAYMENT.
  4  3    1.  It is the intent of the general assembly to provide
  4  4 property tax relief to the counties of this state by providing
  4  5 state financial assistance for the funding of services
  4  6 provided to persons with mental retardation, developmental
  4  7 disabilities, or mental illness.  In providing property tax
  4  8 relief, it is also the intent of the general assembly that
  4  9 persons with mental retardation, developmental disabilities,
  4 10 or mental illness be provided with the support services
  4 11 necessary for these persons to be fully included as
  4 12 contributing members of their families, neighborhoods, and
  4 13 communities.
  4 14    2.  For the purposes of this section, "resident" means an
  4 15 adult person with mental retardation, a developmental
  4 16 disability, or mental illness who is a legal resident of this
  4 17 state.  For the purposes of this section and section 331.439,
  4 18 "state payment" means moneys received by a county pursuant to
  4 19 this section.
  4 20    3.  A mental health, mental retardation, and developmental
  4 21 disabilities services fund is established in the office of the
  4 22 treasurer of state under the control of the department of
  4 23 revenue and finance.  The fund shall consist of moneys
  4 24 appropriated to the fund by the general assembly.
  4 25    4.  It is the intent of the Seventy-sixth General Assembly,
  4 26 1995 Session, that by the end of the fiscal period beginning
  4 27 July 1, 1995, and ending June 30, 2002, the state will assume
  4 28 seventy-five percent of the cost of mental health, mental
  4 29 retardation, and developmental disabilities services provided
  4 30 to residents by incrementally increasing state spending for
  4 31 these services.  In order to achieve this goal, moneys shall
  4 32 be provided annually to counties from the mental health,
  4 33 mental retardation, and developmental disabilities services
  4 34 fund established in subsection 3.  The state's proportional
  4 35 share of the sum of state and county funding for these
  5  1 services provided to residents shall be as follows:
  5  2    a.  For the fiscal year beginning July 1, 1996, fifteen
  5  3 percent of the sum of state and county funding for services
  5  4 provided to residents during the fiscal year beginning July 1,
  5  5 1994.
  5  6    b.  For the fiscal year beginning July 1, 1997, twenty-five
  5  7 percent of the sum of state and county funding for services
  5  8 provided to residents during the fiscal year beginning July 1,
  5  9 1995.
  5 10    c.  For the fiscal year beginning July 1, 1998, thirty-five
  5 11 percent of the sum of state and county funding for services
  5 12 provided to residents during the fiscal year beginning July 1,
  5 13 1996.
  5 14    d.  For the fiscal year beginning July 1, 1999, forty-five
  5 15 percent of the sum of state and county funding for services
  5 16 provided to residents during the fiscal year beginning July 1,
  5 17 1997.
  5 18    e.  For the fiscal year beginning July 1, 2000, fifty-five
  5 19 percent of the sum of state and county funding for services
  5 20 provided to residents during the fiscal year beginning July 1,
  5 21 1998.
  5 22    f.  For the fiscal year beginning July 1, 2001, sixty-five
  5 23 percent of the sum of state and county funding for services
  5 24 provided to residents during the fiscal year beginning July 1,
  5 25 1999.
  5 26    g.  For the fiscal year beginning July 1, 2002, and for
  5 27 each succeeding fiscal year, seventy-five percent of the sum
  5 28 of state and county funding for services provided to residents
  5 29 during the fiscal year beginning July 1, 2000.
  5 30    5.  In each fiscal year, the amount appropriated to the
  5 31 fund shall be allocated to each eligible county based upon the
  5 32 county's proportion of the total expenditures by all counties
  5 33 during the previous fiscal year for services provided to
  5 34 persons with mental retardation, a developmental disability,
  5 35 or mental illness.
  6  1    6.  The department of management shall determine each
  6  2 county's proportion of all counties' expenditures for mental
  6  3 health, mental retardation, and developmental disabilities
  6  4 services in the previous fiscal year and shall compute the
  6  5 amount of state payment to be made to each county based on
  6  6 these calculations.  The department shall certify such amounts
  6  7 to the director of revenue and finance.  The director of
  6  8 revenue and finance shall draw warrants on the mental health,
  6  9 mental retardation, and developmental disabilities services
  6 10 fund, payable to the county treasurer and shall mail the
  6 11 warrants by September 1 and March 1.
  6 12    7.  The state shall have sole responsibility for funding
  6 13 any new services which the state requires to be provided to
  6 14 residents.  In the event that the state includes a new
  6 15 population in the definition of "resident", the state shall
  6 16 have sole responsibility for funding services provided to that
  6 17 population.
  6 18    Sec. 4.  RULES.
  6 19    The county finance committee shall adopt rules providing
  6 20 accounting and reporting requirements for counties relating to
  6 21 county expenditures for services to persons with mental
  6 22 retardation, a developmental disability, or mental illness.  
  6 23                           EXPLANATION
  6 24    This bill establishes a funding formula for state
  6 25 participation in funding county costs for services provided to
  6 26 adult residents of the state with mental retardation, a
  6 27 developmental disability, or mental illness.
  6 28    The bill establishes a state property tax relief fund.
  6 29 Beginning with the 1995-1996 fiscal year, moneys from the fund
  6 30 are to be distributed to counties based on the proportion of
  6 31 the population of each county to the total population of the
  6 32 state.  It is intended that appropriations to the fund be
  6 33 sufficient to pay each county an amount equal to $10 per
  6 34 capita.  All counties are to receive payment from the property
  6 35 tax relief fund.
  7  1    The bill also establishes a state mental health, mental
  7  2 retardation, and developmental disabilities services fund.
  7  3 The intent of the general assembly as stated is to increase
  7  4 the proportion of state spending relative to county spending
  7  5 for these services over a seven-year period until the state
  7  6 assumes 75 percent of the costs of the services.  The state
  7  7 payment is to begin in the 1996-1997 fiscal year.  The funds
  7  8 are allocated based upon an eligible county's proportion of
  7  9 the total spending by counties during the previous fiscal year
  7 10 for services provided to persons with a mental illness, mental
  7 11 retardation, or a developmental disability.  The bill provides
  7 12 that funding new responsibilities and newly covered
  7 13 populations is a state responsibility.
  7 14    To be eligible for payment from the mental health, mental
  7 15 retardation, and developmental disabilities services fund, a
  7 16 county must institute a system of managed care approved by the
  7 17 department of human services.
  7 18    The county finance committee is directed to adopt rules
  7 19 providing accounting and reporting requirements for county
  7 20 expenditures for mental health, mental retardation, and
  7 21 developmental disabilities services.  
  7 22 LSB 1070XS 76
  7 23 sc/jj/8.1
     

Text: SF00125                           Text: SF00127
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