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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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Last update: Mon Mar 4 09:39:45 CST 1996
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