Text: SF00125 Text: SF00127 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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