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Senate Study Bill 344

Conference Committee Text

PAG LIN
  1  1    Section 1.  FAMILY INVESTMENT PROGRAM.  There is
  1  2 appropriated from the general fund of the state to the
  1  3 department of human services for the fiscal year beginning
  1  4 July 1, 1995, and ending June 30, 1996, the following amount,
  1  5 or so much thereof as is necessary, to be used for the purpose
  1  6 designated:
  1  7    For assistance under the family investment program under
  1  8 chapter 239:  
  1  9 .................................................. $ 32,820,032
  1 10    1.  The department shall continue the special needs program
  1 11 under the family investment program.
  1 12    2.  Notwithstanding section 239.6, the department is not
  1 13 required to reconsider eligibility of family investment
  1 14 program recipients every six months if a federal waiver is
  1 15 granted.
  1 16    3.  The department may adopt administrative rules for the
  1 17 family investment, food stamp, and medical assistance programs
  1 18 to change or delete welfare reform initiatives that threaten
  1 19 the integrity or continuation of the program or that are not
  1 20 cost-effective.  Prior to the adoption of rules, the
  1 21 department shall consult with the welfare reform council,
  1 22 members of the public involved in development of the policy
  1 23 established in the 1993 session of the Seventy-fifth General
  1 24 Assembly, and the chairpersons and ranking members of the
  1 25 human resources committees of the senate and the house of
  1 26 representatives.
  1 27    4.  The department shall consolidate the individual
  1 28 planning and agreement provisions of the family investment
  1 29 program and the family development and self-sufficiency grant
  1 30 program to ensure service coordination by providing that if a
  1 31 recipient is participating in the grant program, the
  1 32 recipient's family investment agreement shall be developed or
  1 33 revised in consultation with the family development and self-
  1 34 sufficiency grant program worker.
  1 35    Sec. 2.  EMERGENCY ASSISTANCE.  There is appropriated from
  2  1 the general fund of the state to the department of human
  2  2 services for the fiscal year beginning July 1, 1995, and
  2  3 ending June 30, 1996, the following amount, or so much thereof
  2  4 as is necessary, to be used for the purpose designated:
  2  5    For emergency assistance to families with dependent
  2  6 children for homeless prevention programs:  
  2  7 .................................................. $  1,767,500
  2  8    1.  The emergency assistance provided for in this section
  2  9 shall be available beginning October 1 of the fiscal year and
  2 10 shall be provided only if all other publicly funded resources
  2 11 have been exhausted.  Specifically, emergency assistance is
  2 12 the program of last resort and shall not supplant assistance
  2 13 provided by the low-income home energy assistance program
  2 14 (LIHEAP), county general relief, and veterans affairs
  2 15 programs.  The department shall establish a $500 maximum
  2 16 payment, per family, in a twelve-month period.  The emergency
  2 17 assistance includes, but is not limited to, assisting people
  2 18 who face eviction, potential eviction, or foreclosure, utility
  2 19 shutoff or fuel shortage, loss of heating energy supply or
  2 20 equipment, homelessness, utility or rental deposits, or other
  2 21 specified crisis which threatens family or living
  2 22 arrangements.  The emergency assistance shall be available to
  2 23 migrant families who would otherwise meet eligibility
  2 24 criteria.  The department may adopt administrative rules to
  2 25 implement the program including eligibility criteria and
  2 26 benefit levels.  The department may contract for the
  2 27 administration and delivery of the program.  The program shall
  2 28 be terminated when funds are exhausted.
  2 29    2.  For the fiscal year beginning July 1, 1995, the
  2 30 department shall establish a process for the state to receive
  2 31 refunds of rent deposits for emergency assistance recipients
  2 32 which were paid by persons other than the state.  The refunds
  2 33 received by the department under this subsection shall be
  2 34 deposited with the moneys of the appropriation made in this
  2 35 section and used as additional funds.  Notwithstanding section
  3  1 8.33, moneys received by the department under this subsection
  3  2 which remain unobligated or unexpended at the close of the
  3  3 fiscal year shall not revert to the general fund of the state
  3  4 but shall remain available for expenditure in the succeeding
  3  5 fiscal year.
  3  6    Sec. 3.  MEDICAL ASSISTANCE.  There is appropriated from
  3  7 the general fund of the state to the department of human
  3  8 services for the fiscal year beginning July 1, 1995, and
  3  9 ending June 30, 1996, the following amount, or so much thereof
  3 10 as is necessary, to be used for the purpose designated:
  3 11    For medical assistance, including reimbursement for
  3 12 abortion services, which shall be available under the medical
  3 13 assistance program only for those abortions which are
  3 14 medically necessary:  
  3 15 .................................................. $351,496,521
  3 16    1.  Medically necessary abortions are those performed under
  3 17 any of the following conditions:
  3 18    a.  The attending physician certifies that continuing the
  3 19 pregnancy would endanger the life of the pregnant woman.
  3 20    b.  The attending physician certifies that the fetus is
  3 21 physically deformed, mentally deficient, or afflicted with a
  3 22 congenital illness.
  3 23    c.  The pregnancy is the result of a rape which is reported
  3 24 within 45 days of the incident to a law enforcement agency or
  3 25 public or private health agency which may include a family
  3 26 physician.
  3 27    d.  The pregnancy is the result of incest which is reported
  3 28 within 150 days of the incident to a law enforcement agency or
  3 29 public or private health agency which may include a family
  3 30 physician.
  3 31    e.  Any spontaneous abortion, commonly known as a
  3 32 miscarriage, if not all of the products of conception are
  3 33 expelled.
  3 34    2.  Notwithstanding section 8.39, the department may
  3 35 transfer funds appropriated in this section to a separate
  4  1 account established in the department's case management unit
  4  2 for expenditures required to provide case management services
  4  3 for mental health, mental retardation, and developmental
  4  4 disabilities services under medical assistance which are
  4  5 jointly funded by the state and county, pending final
  4  6 settlement of the expenditures.  Funds received by the case
  4  7 management unit in settlement of the expenditures shall be
  4  8 used to replace the transferred funds and are available for
  4  9 the purposes for which the funds were appropriated in this
  4 10 section.
  4 11    3.  If a medical assistance recipient is more than 17 years
  4 12 of age and is receiving care which is reimbursed under a
  4 13 federally approved home and community-based services waiver
  4 14 but would otherwise be approved for care in an intermediate
  4 15 care facility for the mentally retarded, the recipient's
  4 16 county of legal settlement shall reimburse the department on a
  4 17 monthly basis for the portion of the recipient's cost of care
  4 18 which is not paid from federal funds.
  4 19    4.  a.  The county of legal settlement shall be billed for
  4 20 50 percent of the nonfederal share of the cost of case
  4 21 management provided for adults, day treatment, and partial
  4 22 hospitalization in accordance with sections 249A.26 and
  4 23 249A.27, and 100 percent of the nonfederal share of the cost
  4 24 of care which is reimbursed under a federally approved home
  4 25 and community-based waiver that would otherwise be approved
  4 26 for provision in an intermediate care facility for the
  4 27 mentally retarded, provided under the medical assistance
  4 28 program for persons with mental retardation, a developmental
  4 29 disability, or chronic mental illness.  The state shall have
  4 30 responsibility for the remaining 50 percent of the nonfederal
  4 31 share of the cost of case management provided for adults, day
  4 32 treatment, and partial hospitalization.  For persons without a
  4 33 county of legal settlement, the state shall have
  4 34 responsibility for 100 percent of the nonfederal share of the
  4 35 cost of case management provided for adults, day treatment,
  5  1 partial hospitalization, and the home and community-based
  5  2 waiver services.  Those services specified in this subsection
  5  3 shall be billed to a county only if the services are provided
  5  4 outside of a managed care contract.
  5  5    b.  The state shall pay the entire nonfederal share of the
  5  6 costs for case management services provided to persons 17
  5  7 years of age and younger who are served in a medical
  5  8 assistance home and community-based waiver program for persons
  5  9 with mental retardation.
  5 10    c.  Medical assistance funding for case management services
  5 11 for eligible persons 17 years of age and younger shall also be
  5 12 provided to persons residing in counties with child welfare
  5 13 decategorization projects implemented in accordance with
  5 14 section 232.188, provided these projects have included these
  5 15 persons in their service plan and the decategorization project
  5 16 county is willing to provide the nonfederal share of costs.
  5 17    d.  The state shall pay the entire nonfederal share of
  5 18 intermediate care facilities for the mentally retarded (ICFMR)
  5 19 costs for eligible persons 17 years of age and younger.
  5 20    e.  When paying the necessary and legal expenses of
  5 21 intermediate care facilities for the mentally retarded
  5 22 (ICFMR), the cost payment requirements of section 222.60 shall
  5 23 be considered fulfilled when payment is made in accordance
  5 24 with the medical assistance payment rates established for
  5 25 ICFMRs by the department and the state or a county of legal
  5 26 settlement is not obligated for any amount in excess of the
  5 27 rates.
  5 28    5.  The department may adopt and implement administrative
  5 29 rules regarding a prepaid mental health services plan for
  5 30 medical assistance patients.  The rules shall include but not
  5 31 be limited to service provider standards, service
  5 32 reimbursement, and funding mechanisms.  Notwithstanding the
  5 33 provisions of subsection 4, paragraph "a", of this section and
  5 34 section 249A.26, requiring counties to pay all or part of the
  5 35 nonfederal share of certain services provided to persons with
  6  1 disabilities under the medical assistance program, the state
  6  2 shall pay 100 percent of the nonfederal share of any services
  6  3 included in the plan implemented pursuant to this subsection.
  6  4    6.  The department shall utilize not more than $60,000 of
  6  5 the funds appropriated in this section to continue the
  6  6 AIDS/HIV health insurance premium payment program as
  6  7 established in 1992 Iowa Acts, Second Extraordinary Session,
  6  8 Chapter 1001, section 409, subsection 6.  Of the funds
  6  9 allocated in this subsection, not more than $10,000 may be
  6 10 expended for administrative purposes.
  6 11    7.  Contingent upon federal approval of a waiver, the
  6 12 department shall adopt administrative rules to establish the
  6 13 requirements for the alternative nursing home pilot project.
  6 14    8.  The department of human services shall develop and
  6 15 implement a medical assistance home and community-based waiver
  6 16 for persons with brain injury who currently reside in a
  6 17 medical institution and who have been residents of a medical
  6 18 institution for a minimum of thirty days.
  6 19    9.  Of the funds appropriated to the Iowa department of
  6 20 health for substance abuse grants, $950,000 for the fiscal
  6 21 year beginning July 1, 1995, shall be transferred to the
  6 22 department of human services to implement an integrated
  6 23 substance abuse managed care system.  The department of human
  6 24 services in conjunction with the Iowa department of health and
  6 25 other appropriate state agencies may adopt and implement
  6 26 administrative rules to establish a prepaid substance abuse
  6 27 treatment plan for medical assistance recipients.  The rules
  6 28 shall include but are not limited to defining the structure of
  6 29 the program, establishing the scope of services to be provided
  6 30 in the program, including, but not limited to, establishing
  6 31 client eligibility for prepaid substance abuse treatment
  6 32 services, establishing the basis and the rate of reimbursement
  6 33 for the program, defining the expected outcome measures of the
  6 34 program, and defining a client appeals process.  However,
  6 35 nothing in the rules shall condition provider eligibility to
  7  1 render services under this program upon the scope of services
  7  2 rendered by a provider or upon provider licensure,
  7  3 certification, or corporate structure.  The department of
  7  4 human services and the Iowa department of public health shall
  7  5 evaluate methods for inclusion of court-ordered detoxification
  7  6 services in the substance abuse managed care program and shall
  7  7 provide recommendations regarding inclusion of the services in
  7  8 the program to the general assembly on or before December 1,
  7  9 1995.
  7 10    10.  The department shall require prior authorization for
  7 11 any brand name prescription drug which has an "A" rated
  7 12 generic bioequivalent as determined by the federal food and
  7 13 drug administration.  The department shall establish an
  7 14 educational program through the drug utilization review
  7 15 commission to review and encourage the use of these "A" rated
  7 16 generic equivalents within the medical assistance program.
  7 17    11.  The department of human services shall, when it is
  7 18 economically beneficial, implement maximum allowable costs for
  7 19 multiple source drugs in accordance with federal guidelines.
  7 20    12.  The department shall implement strategies to address
  7 21 administrative and provider concerns associated with
  7 22 discretionary medical assistance provided to individuals and
  7 23 families pursuant to section 249A.3, subsection 4, and the
  7 24 provisions relating to the expenditure of income to a level
  7 25 which qualifies the individual or family as eligible for par-
  7 26 ticipation in the medical assistance program.  The department
  7 27 shall submit a report regarding the strategies implemented to
  7 28 the general assembly on or before November 30, 1995.
  7 29    13.  The department may seek qualification of supervised
  7 30 community treatment for children under the medical assistance
  7 31 program.
  7 32    Sec. 4.  MEDICAL CONTRACTS.  There is appropriated from the
  7 33 general fund of the state to the department of human services
  7 34 for the fiscal year beginning July 1, 1995, and ending June
  7 35 30, 1996, the following amount, or so much thereof as is
  8  1 necessary, to be used for the purpose designated:
  8  2    For medical contracts:  
  8  3 .................................................. $  6,226,400
  8  4    1.  The department shall continue to contract for drug
  8  5 utilization review under the medical assistance program.
  8  6    2.  The department may use not more than $22,500 of the
  8  7 funds appropriated in this section for contracting for the
  8  8 rebasing-recalibration of the ambulatory patient grouping
  8  9 system.
  8 10    3.  The department may use not more than $75,000 of the
  8 11 funds appropriated in this section for the independent
  8 12 evaluation of the prepaid mental health services plan.
  8 13    Sec. 5.  STATE SUPPLEMENTARY ASSISTANCE.  There is
  8 14 appropriated from the general fund of the state to the
  8 15 department of human services for the fiscal year beginning
  8 16 July 1, 1995, and ending June 30, 1996, the following amount,
  8 17 or so much thereof as is necessary, to be used for the purpose
  8 18 designated:
  8 19    For state supplementary assistance:  
  8 20 .................................................. $ 19,115,000
  8 21    1.  The department shall increase the personal needs
  8 22 allowance for residents of residential care facilities by the
  8 23 same percentage and at the same time as federal supplemental
  8 24 security income and federal social security benefits are
  8 25 increased due to a recognized increase in the cost of living.
  8 26 The department may adopt administrative rules to implement
  8 27 this subsection.
  8 28    2.  a.  If during the fiscal year beginning July 1, 1995,
  8 29 the department projects that state supplementary assistance
  8 30 expenditures for a calendar year will not meet the federal
  8 31 pass-along requirement specified in Title XVI of the federal
  8 32 Social Security Act, section 1618, as codified in 42 U.S.C. }
  8 33 1382g, or that expenditures in the fiscal year will exceed the
  8 34 amount appropriated, the department may take actions including
  8 35 but not limited to increasing the personal needs allowance for
  9  1 residential care facility residents and making programmatic
  9  2 adjustments or upward adjustments of the residential care
  9  3 facility or in-home health-related care reimbursement rates
  9  4 prescribed in this Act to ensure that federal requirements are
  9  5 met.  The department may adopt emergency rules to implement
  9  6 the provisions of this subsection.
  9  7    b.  If during the fiscal year beginning July 1, 1995, the
  9  8 department projects that state supplementary assistance
  9  9 expenditures will exceed the amount appropriated, the
  9 10 department may transfer funds appropriated in this Act for
  9 11 medical assistance for the purposes of the state supplementary
  9 12 assistance program.  However, funds shall only be transferred
  9 13 from the medical assistance appropriation if the funds
  9 14 transferred are projected to be in excess of the funds
  9 15 necessary for the medical assistance program.
  9 16    Sec. 6.  CHILD DAY CARE ASSISTANCE.  There is appropriated
  9 17 from the general fund of the state to the department of human
  9 18 services for the fiscal year beginning July 1, 1995, and
  9 19 ending June 30, 1996, the following amount, or so much thereof
  9 20 as is necessary, to be used for the purposes designated:
  9 21    For protective child day care assistance and state child
  9 22 care assistance:  
  9 23 .................................................. $  8,747,259
  9 24    1.  Of the funds appropriated in this section, $2,496,286
  9 25 shall be used for protective child day care assistance.
  9 26    2.  Of the funds appropriated in this section, $3,930,934
  9 27 shall be used for state child care assistance.
  9 28    3.  Based upon the availability of the funding provided in
  9 29 subsection 2 the department shall establish waiting lists for
  9 30 state child care assistance in descending order of
  9 31 prioritization as follows:
  9 32    a.  Families who are at or below 100 percent of the federal
  9 33 poverty level and are employed at least 30 hours a week.
  9 34    b.  Parents under the age of 21 who are employed full-time
  9 35 or part-time or who are participating in an approved training
 10  1 program or who are enrolled in an education program.
 10  2    c.  Families who are at or below 155 percent of the federal
 10  3 poverty level who have a special needs child.
 10  4    d.  Families who are at or below 100 percent of the federal
 10  5 poverty level who are employed part-time at least 20 hours per
 10  6 week.
 10  7    4.  a.  For state child care assistance, eligibility shall
 10  8 be limited to children whose family income is equal to or less
 10  9 than 100 percent of the federal office of management and
 10 10 budget poverty guidelines.  However, on or after October 1,
 10 11 1995, the department may increase the income eligibility limit
 10 12 to be equal to or less than 75 percent of the Iowa median
 10 13 family income.
 10 14    b.  The department may adopt administrative rules to comply
 10 15 with the federal child care development block grant and
 10 16 federal at-risk child care program; to streamline the existing
 10 17 day care program; and to deliver the services within state and
 10 18 federal funds appropriated.
 10 19    c.  Nothing in this section shall be construed or is
 10 20 intended as, or shall imply, a grant of entitlement for
 10 21 services to persons who are eligible for assistance due to an
 10 22 income level consistent with the requirements of this section.
 10 23 Any state obligation to provide services pursuant to this
 10 24 section is limited to the extent of the funds appropriated in
 10 25 this section.
 10 26    5.  The department shall develop, in cooperation with child
 10 27 day care resource and referral services and with the state
 10 28 child day care advisory council, incentives to encourage the
 10 29 registration of child day care providers and shall report the
 10 30 recommendations developed to the chairpersons and the ranking
 10 31 members of the joint appropriations subcommittee on human
 10 32 services on or before January 1, 1996.
 10 33    6.  Of the funds appropriated in this section, $640,270 is
 10 34 allocated for the statewide program for child day care
 10 35 resource and referral services under section 237A.26.
 11  1    7.  The department may use any of the funds appropriated in
 11  2 this section as a match to obtain federal funds for use in
 11  3 expanding child day care assistance and related programs.
 11  4    8.  Of the funds appropriated in this section, $1,679,769
 11  5 shall be used for transitional child care assistance.
 11  6    9.  During the 1995-1996 fiscal year, the department shall
 11  7 utilize the moneys deposited in the child day care credit fund
 11  8 created in section 237A.28 for state child care assistance, in
 11  9 addition to the moneys appropriated for that purpose in this
 11 10 section.
 11 11    Sec. 7.  JOBS PROGRAM.  There is appropriated from the
 11 12 general fund of the state to the department of human services
 11 13 for the fiscal year beginning July 1, 1995, and ending June
 11 14 30, 1996, the following amount, or so much thereof as is
 11 15 necessary, to be used for the purposes designated:
 11 16    For the federal-state job opportunities and basic skills
 11 17 (JOBS) program, food stamp employment and training program,
 11 18 family development and self-sufficiency grants,
 11 19 entrepreneurial training, and implementing family investment
 11 20 agreements, in accordance with this section:  
 11 21 .................................................. $ 11,935,189
 11 22    1.  Of the funds appropriated in this section, $11,025,889
 11 23 is allocated for the JOBS program.
 11 24    2.  The department shall continue to contract for services
 11 25 in developing, delivering, and monitoring an entrepreneural
 11 26 training waiver program to provide technical assistance in
 11 27 self-employment training to families which receive assistance
 11 28 under the family investment program, contingent upon federal
 11 29 approval of waiver renewal requests.
 11 30    3.  Of the funds appropriated in this section, $129,985 is
 11 31 allocated for the food stamp employment and training program.
 11 32    4.  Of the funds appropriated in this section, $779,315 is
 11 33 allocated to the family development and self-sufficiency grant
 11 34 program as provided under section 217.12.
 11 35    a.  Not more than 5 percent of the funds allocated in this
 12  1 subsection shall be used for the administration of the grant
 12  2 program.
 12  3    b.  Federal funding matched by state, county, or other
 12  4 funding which is not appropriated in this section shall be
 12  5 deposited in the department's JOBS account.  If the match
 12  6 funding is generated by a family development and self-
 12  7 sufficiency grantee, the federal funding received shall be
 12  8 used to expand the family development and self-sufficiency
 12  9 grant program.  If the match funding is generated by another
 12 10 source, the federal funding received shall be used to expand
 12 11 the grant program or the JOBS program.  The department may
 12 12 adopt administrative rules to implement the provisions of this
 12 13 paragraph.
 12 14    c.  Based upon the annual evaluation report concerning each
 12 15 grantee funded by this allocation, the family development and
 12 16 self-sufficiency council may use funds allocated to renew
 12 17 grants.
 12 18    Sec. 8.  CHILD SUPPORT RECOVERY.  There is appropriated
 12 19 from the general fund of the state to the department of human
 12 20 services for the fiscal year beginning July 1, 1995, and
 12 21 ending June 30, 1996, the following amount, or so much thereof
 12 22 as is necessary, to be used for the purposes designated:
 12 23    For child support recovery, including salaries, support,
 12 24 maintenance, and miscellaneous purposes and for not more than
 12 25 the following full-time equivalent positions:  
 12 26 .................................................. $  6,397,505
 12 27 ............................................... FTEs     226.22
 12 28    1.  The director of human services, within the limitations
 12 29 of the funds appropriated in this section, or funds
 12 30 transferred from the family investment program for this
 12 31 purpose, shall establish new positions and add employees to
 12 32 the child support recovery unit if the director determines
 12 33 that both the current and additional employees together can
 12 34 reasonably be expected to maintain or increase net state
 12 35 revenue at or beyond the budgeted level.  If the director adds
 13  1 employees, the department shall demonstrate the cost-
 13  2 effectiveness of the current and additional employees by
 13  3 reporting to the joint appropriations subcommittee on human
 13  4 services the ratio of the total amount of administrative costs
 13  5 for child support recoveries to the total amount of the child
 13  6 support recovered.
 13  7    2.  Nonpublic assistance application and user fees received
 13  8 by the child support recovery program are appropriated and
 13  9 shall be used for the purposes of the child support recovery
 13 10 program.  The director of human services may add positions if
 13 11 fees collected relating to the new positions are sufficient to
 13 12 pay the salaries and support for the positions.  The director
 13 13 shall report any positions added pursuant to this subsection
 13 14 to the chairpersons and ranking members of the joint
 13 15 appropriations subcommittee on human services and the
 13 16 legislative fiscal bureau.
 13 17    3.  The director of human services, in consultation with
 13 18 the department of management and the legislative fiscal
 13 19 committee, is authorized to receive and deposit state child
 13 20 support incentive earnings in the manner specified under
 13 21 applicable federal requirements.
 13 22    4.  The director of human services may establish new
 13 23 positions and add state employees to the child support
 13 24 recovery unit if the director determines the employees are
 13 25 necessary to replace county-funded positions eliminated due to
 13 26 termination, reduction, or nonrenewal of a chapter 28E
 13 27 contract.  However, the director must also determine that the
 13 28 resulting increase in the state share of child support
 13 29 recovery incentives exceeds the cost of the positions, the
 13 30 positions are necessary to ensure continued federal funding of
 13 31 the program, or the new positions can reasonably be expected
 13 32 to recover more than twice the amount of money to pay the
 13 33 salaries and support for the new positions.
 13 34    5.  The child support recovery unit shall continue to work
 13 35 with the judicial department to determine the feasibility of a
 14  1 pilot project utilizing a court-appointed referee for judicial
 14  2 determinations on child support matters.  The extent and
 14  3 location of any pilot project shall be jointly developed by
 14  4 the judicial department and the child support recovery unit.
 14  5    6.  The department shall spend up to $50,000, including
 14  6 federal financial participation, for the fiscal year beginning
 14  7 July 1, 1995, for continuation of the child support public
 14  8 awareness campaign.  The department shall continue to
 14  9 cooperate with the office of the attorney general in
 14 10 continuation of the campaign.
 14 11    7.  The department shall continue the pilot program option
 14 12 to provide and supervise a community service pilot project for
 14 13 absent parents who are ordered by the court to perform
 14 14 community service for failure to pay child support pursuant to
 14 15 section 598.23A.
 14 16    8.  The director of human services may enter a contract
 14 17 with private collection agencies to collect support payments
 14 18 for cases which have been identified by the department as
 14 19 difficult collection cases if the department determines that
 14 20 this form of collection is more cost effective than
 14 21 departmental collection methods.  The director may use a
 14 22 portion of the state share of funds collected through this
 14 23 means to pay the costs of any contracts authorized under this
 14 24 subsection.
 14 25    9.  The department shall employ at least one full-time
 14 26 equivalent position to respond to telephone inquiries during
 14 27 all weekly business hours.
 14 28    Sec. 9.  JUVENILE INSTITUTIONS.  There is appropriated from
 14 29 the general fund of the state to the department of human
 14 30 services for the fiscal year beginning July 1, 1995, and
 14 31 ending June 30, 1996, the following amount, or so much thereof
 14 32 as is necessary, to be used for the purposes designated:
 14 33    For the operation of the state training school and the Iowa
 14 34 juvenile home, including salaries, support, maintenance, and
 14 35 miscellaneous purposes and for not more than the following
 15  1 full-time equivalent positions:
 15  2    For the state juvenile institutions:  
 15  3 .................................................. $ 13,487,062
 15  4 ............................................... FTEs     320.77
 15  5    1.  The following amounts of the funds appropriated and
 15  6 full-time equivalent positions authorized in this section are
 15  7 allocated for the Iowa juvenile home at Toledo:  
 15  8 .................................................. $  4,984,184
 15  9 ............................................... FTEs     118.54
 15 10    2.  The following amounts of the funds appropriated and
 15 11 full-time equivalent positions authorized in this section are
 15 12 allocated for the state training school at Eldora:  
 15 13 .................................................. $  8,502,878
 15 14 ............................................... FTEs     202.23
 15 15    3.  During the fiscal year beginning July 1, 1995, the
 15 16 population levels at the state juvenile institutions shall not
 15 17 exceed the population guidelines established under 1990 Iowa
 15 18 Acts, chapter 1239, section 21.
 15 19    4.  Each state juvenile institution shall apply for
 15 20 adolescent pregnancy prevention grants for the fiscal year
 15 21 beginning July 1, 1995.
 15 22    5.  Within the funds appropriated in this section, the
 15 23 department may reallocate funds as necessary to best fulfill
 15 24 the needs of the institutions provided for in the
 15 25 appropriation.
 15 26    Sec. 10.  CHILD AND FAMILY SERVICES.  There is appropriated
 15 27 from the general fund of the state to the department of human
 15 28 services for the fiscal year beginning July 1, 1995, and
 15 29 ending June 30, 1996, the following amount, or so much thereof
 15 30 as is necessary, to be used for the purpose designated:
 15 31    For child and family services:  
 15 32 ................................................. $ 83,384,244
 15 33    1.  The department may transfer moneys appropriated in this
 15 34 section as necessary to pay the nonfederal costs of services
 15 35 reimbursed under medical assistance or the family investment
 16  1 program which are provided to children who would otherwise
 16  2 receive services paid under the appropriation in this section.
 16  3 The department may transfer funds appropriated in this section
 16  4 to the appropriations in this Act for general administration
 16  5 and for field operations for resources necessary to implement
 16  6 and operate the services funded in this section.
 16  7    2.  a.  Of the funds appropriated in this section, up to
 16  8 $20,937,703 is allocated for group foster care maintenance and
 16  9 services.  For the fiscal year beginning July 1, 1995, the
 16 10 statewide target, as provided in section 232.143, for the
 16 11 daily average number of children placed in group foster care
 16 12 services which are a charge upon or paid for by the state
 16 13 shall be 1,220.  Notwithstanding the statewide target
 16 14 established in this subsection and sections 232.52, 232.102,
 16 15 232.117, 232.127, and 232.182, a target established in a
 16 16 region's group foster care plan developed pursuant to section
 16 17 232.143 may be exceeded, a group foster care placement may be
 16 18 ordered, and state payment may be made if a clinical
 16 19 assessment and consultation team finds that the placement is
 16 20 necessary to meet the child's needs.  The department and the
 16 21 courts shall work together to ensure that a region's group
 16 22 foster care expenditures shall not exceed the funds allocated
 16 23 to the region for group foster care placements in the 1995-
 16 24 1996 fiscal year.  However, regions may transfer bed days
 16 25 between regions as necessary to meet group foster care needs.
 16 26 The department may adopt administrative rules to implement the
 16 27 provisions of this paragraph.
 16 28    b.  In each quarter of the fiscal year, the department
 16 29 shall compare the actual number of group foster care
 16 30 placements in a region and the targets allocated to the region
 16 31 for that quarter.  The department shall develop a methodology
 16 32 to provide, within the funds allocated in this subsection,
 16 33 fiscal incentives to regions which have reduced the number or
 16 34 length of group foster care placements.
 16 35    c.  The department shall report quarterly to the
 17  1 legislative fiscal bureau concerning the status of each
 17  2 region's efforts to limit the number of group foster care
 17  3 placements in accordance with the regional plan established
 17  4 pursuant to section 232.143.
 17  5    d.  Notwithstanding the formula specified in section
 17  6 232.143, subsection 1, the department and the judicial
 17  7 department shall develop a formula for allocating a portion of
 17  8 the statewide target to each of the department's regions based
 17  9 on factors determined by the department and the judicial
 17 10 department which may include but are not limited to historical
 17 11 usage of group foster care beds and indicators of need for
 17 12 group foster care placements.  The formula shall be
 17 13 established by May 1, 1995.  The department may adopt
 17 14 administrative rules to implement the provisions of this
 17 15 paragraph.
 17 16    e.  The department shall not certify any additional
 17 17 enhanced residential treatment beds, unless the director of
 17 18 human services approves the beds as necessary, based on the
 17 19 type of children to be served and the location of the enhanced
 17 20 residential treatment beds.
 17 21    f.  (1)  Of the funds appropriated in this section, not
 17 22 more than $6,439,398 is allocated as the state match funding
 17 23 for psychiatric medical institutions for children.
 17 24    (2)  Based upon the director's decision pursuant to 1994
 17 25 Iowa Acts, chapter 1186, section 10, subsection 19, regarding
 17 26 the managed care approaches for determining service necessity
 17 27 for children served by psychiatric medical institutions for
 17 28 children (PMICs), the department may transfer all or a portion
 17 29 of the moneys appropriated in this section for PMICs to the
 17 30 appropriation in this Act for medical assistance and may amend
 17 31 the managed mental health care contract to include PMICs, and
 17 32 may increase the statewide target for group foster care
 17 33 placements in paragraph "a" of this subsection, accordingly.
 17 34 The department may adopt administrative rules to implement the
 17 35 provisions of this subsection.
 18  1    g.  Of the funds allocated in this subsection, not more
 18  2 than $995,764 is allocated as the state match funding for 50
 18  3 highly structured juvenile program beds.
 18  4    3.  The department shall establish a goal that not more
 18  5 than 15 percent of the children placed in foster care funded
 18  6 under the federal Social Security Act, Title IV-E, may be
 18  7 placed in foster care for a period of more than 24 months.
 18  8    4.  In accordance with the provisions of section 232.188,
 18  9 the department shall continue the program to decategorize
 18 10 child welfare services in additional counties or clusters of
 18 11 counties.
 18 12    5.  Of the funds appropriated in this section, up to
 18 13 $96,512 is allocated for continued foster care services to a
 18 14 child who is 18 years of age or older in accordance with the
 18 15 provisions of section 234.35, subsection 4, paragraph "c".
 18 16 However, if funding in this appropriation would remain
 18 17 unobligated at the end of the fiscal year, the allocation in
 18 18 this subsection may be exceeded to the extent necessary to
 18 19 provide the continued foster care services.  The department
 18 20 shall distribute the moneys allocated in this subsection to
 18 21 the departmental regions based on each region's proportion of
 18 22 the total number of children placed in foster care on March 31
 18 23 preceding the beginning of the fiscal year, who, during the
 18 24 fiscal year would no longer be eligible for foster care due to
 18 25 age.
 18 26    6.  Notwithstanding section 232.142, subsection 3, the
 18 27 financial aid paid by the state for the establishment,
 18 28 improvements, operation, and maintenance of county or
 18 29 multicounty juvenile detention homes in the fiscal year
 18 30 beginning July 1, 1995, shall be limited to $872,500.  Funds
 18 31 allocated in this subsection shall be prorated among eligible
 18 32 detention homes.
 18 33    7.  The amount of the appropriation made in this section
 18 34 available for foster care is based upon expansion of the
 18 35 number of children in foster care who are eligible for federal
 19  1 supplemental security income (SSI).  The department may use up
 19  2 to $300,000 of those funds to enter into a performance-based
 19  3 contract to secure SSI benefits for children placed in foster
 19  4 care.  The contract shall include provisions for training of
 19  5 department of human services and juvenile court staff,
 19  6 completion of applications, tracking of application results,
 19  7 and representation during the appeals process whenever an
 19  8 appeal is necessary to secure SSI benefits.  Notwithstanding
 19  9 section 217.30 and section 232.2, subsection 11, and any other
 19 10 provision of law to the contrary, the director or the
 19 11 director's designee on behalf of a child in foster care may
 19 12 release medical, mental health, substance abuse, or any other
 19 13 information necessary only to determine the child's
 19 14 eligibility for SSI benefits, and may sign releases for the
 19 15 information.  In any release of information made pursuant to
 19 16 this subsection, confidentiality shall be maintained to the
 19 17 maximum extent possible.
 19 18    8.  A portion of the funds appropriated in this section may
 19 19 be used for emergency family assistance to provide other
 19 20 resources required for a family participating in a family
 19 21 preservation or reunification project to stay together or to
 19 22 be reunified.
 19 23    9.  Notwithstanding section 234.35, subsection 1, for the
 19 24 fiscal year beginning July 1, 1995, state funding for shelter
 19 25 care paid pursuant to section 234.35, subsection 1, paragraph
 19 26 "h", shall be limited to $3,383,736.  The department may adopt
 19 27 administrative rules to implement the provisions of this
 19 28 subsection.
 19 29    10.  Of the funds appropriated in this section, not more
 19 30 than $512,862 may be used to develop and maintain the state's
 19 31 implementation of the national adoption and foster care
 19 32 information system pursuant to the requirements of Pub. L. No.
 19 33 99-509.  The department may transfer funds as necessary from
 19 34 the appropriations in this Act for field operations and
 19 35 general administration to implement this subsection.  Moneys
 20  1 allocated in accordance with this subsection shall be
 20  2 considered encumbered for the purposes of section 8.33.
 20  3    11.  Of the funds appropriated in this section, a portion
 20  4 may be used for respite services to families of children with
 20  5 mental retardation or other developmental disabilities, who
 20  6 would otherwise enter or continue group care or foster family
 20  7 home placement.  The department may adopt administrative rules
 20  8 to implement the provisions of this subsection.
 20  9    12.  Of the funds appropriated in this section, up to
 20 10 $673,217 may be used as determined by the department for any
 20 11 of the following purposes:
 20 12    a.  For general administration of the department to improve
 20 13 staff training efforts.
 20 14    b.  For oversight of termination of parental rights and
 20 15 permanency planning efforts on a statewide basis.
 20 16    c.  For personnel, assigned by the attorney general, to
 20 17 provide additional services relating to termination of
 20 18 parental rights and child in need of assistance cases.
 20 19    d.  For specialized permanency planning field operations
 20 20 staff.
 20 21    13.  The department may adopt administrative rules to
 20 22 implement outcome-based child welfare services pilot projects.
 20 23 The rules may include, but are not limited to, the development
 20 24 of program descriptions, provider licensing and certification
 20 25 standards, reimbursement and payment amounts, contract
 20 26 requirements, assessment and service necessity requirements,
 20 27 eligibility criteria, claims submission procedures, and
 20 28 accountability standards.
 20 29    14.  Of the funds appropriated in this section, up to
 20 30 $300,000 may be used to develop a performance-based monitoring
 20 31 program to evaluate and improve outcomes for children and
 20 32 families.  The department may adopt administrative rules to
 20 33 implement this subsection.
 20 34    15.  The department may develop, within the funds
 20 35 available, a pilot kinship care project to enhance family
 21  1 involvement in the development of the permanency plan required
 21  2 under chapter 232 for children who are removed from their
 21  3 homes.  The project components may include family involvement
 21  4 before and after removal of the child and shall stress safety
 21  5 for the child.
 21  6    16.  Within the funds appropriated in this section, the
 21  7 department may develop a subsidized guardianship program to
 21  8 provide financial assistance to guardians of children who have
 21  9 a permanency order under section 232.104, subsection 2,
 21 10 paragraph "d", subparagraph (1), in cases in which all of the
 21 11 following conditions exist:
 21 12    a.  The option of reunification has been eliminated and
 21 13 termination of parental rights is not appropriate.
 21 14    b.  The child has lived with the potential guardian for at
 21 15 least six months.
 21 16    c.  The child is either 14 years of age or older or, if
 21 17 under 14 years of age, is part of a sibling group and cannot
 21 18 be made available for adoption.
 21 19    d.  The placement does not require departmental
 21 20 supervision.
 21 21    The financial assistance provided shall be in the same
 21 22 amount as provided for family foster care.  For purposes of
 21 23 medical assistance and child support recovery, these payments
 21 24 shall be considered foster care payments.
 21 25    17.  Of the funds appropriated in this section, up to
 21 26 $175,000 may be used to establish and maintain a truancy pilot
 21 27 initiative in the fifth judicial district which shall be
 21 28 directed to keeping targeted youth in school by providing
 21 29 noneducational supportive and therapy services both inside and
 21 30 outside the school setting.  The department may adopt
 21 31 administrative rules to implement supportive and therapy
 21 32 services in the truancy pilot initiative.  The rules may
 21 33 include, but are not limited to, the development of program
 21 34 descriptions, certification standards, reimbursement, contract
 21 35 requirements, and eligibility and accountability standards.
 22  1    Sec. 11.  COMMUNITY-BASED PROGRAMS.  There is appropriated
 22  2 from the general fund of the state to the department of human
 22  3 services for the fiscal year beginning July 1, 1995, and
 22  4 ending June 30, 1996, the following amount, or so much thereof
 22  5 as is necessary, to be used for the purpose designated:
 22  6    For community-based programs, on the condition that family
 22  7 planning services are funded, including salaries, support,
 22  8 maintenance, and miscellaneous purposes and for not more than
 22  9 the following full-time equivalent positions:  
 22 10 .................................................. $  2,627,823
 22 11 ............................................... FTEs        1.0
 22 12    1.  Of the funds appropriated in this section, $756,048
 22 13 shall be used for adolescent pregnancy prevention grants,
 22 14 including not more than $156,048 for programs to prevent
 22 15 second or subsequent pregnancies during the adolescent years
 22 16 and to provide support services for pregnant or parenting
 22 17 adolescents.  Rules adopted by the department may allow for
 22 18 revision of existing grant categories and the addition of
 22 19 grant categories which allow for the development and
 22 20 initiation of a statewide adolescent pregnancy prevention
 22 21 campaign and of a statewide assessment or evaluation grant.
 22 22    2.  Of the funds appropriated in this section, $300,000
 22 23 shall be used for grants to community or regional groups which
 22 24 demonstrate broad-based representation from community
 22 25 representatives including but not limited to schools,
 22 26 churches, human service-related organizations, and businesses.
 22 27 Priority in the awarding of grants shall be given to groups
 22 28 which provide services to both urban and rural areas within
 22 29 the proximity of the community or region and which provide
 22 30 age-appropriate programs adapted for both male and female
 22 31 youth at the elementary, middle, and high school levels.  A
 22 32 program shall focus on the prevention of initial pregnancies
 22 33 during the adolescent years by emphasizing sexual abstinence
 22 34 as the only completely safe and effective means of avoiding
 22 35 pregnancy and sexually transmitted diseases and by providing
 23  1 information regarding the comparative failure rates of
 23  2 contraceptives, and by emphasizing responsible decision making
 23  3 in relationships, managing of peer and social pressures,
 23  4 development of self-esteem, the costs and responsibilities of
 23  5 parenting, and information regarding the alternative of
 23  6 adoption for placement of a child.  The program shall also
 23  7 include an evaluation and assessment component which includes
 23  8 evaluation of and recommendations for improvement of the
 23  9 program by the youth and parents involved.  Evaluation and
 23 10 assessment reports shall be provided to the department of
 23 11 human services, at a time determined by the department in the
 23 12 grant award.  Community or regional groups interested in
 23 13 applying for a grant under this subsection may be issued a
 23 14 planning grant or may utilize grant moneys for the costs of
 23 15 technical assistance to analyze community needs, match service
 23 16 providers to needs, negotiate service provision strategies, or
 23 17 other assistance to focus grant services provided under this
 23 18 subsection.  The technical assistance may be provided by
 23 19 organizations affiliated with institutions under the authority
 23 20 of the state board of regents or other organizations
 23 21 experienced in providing technical assistance concerning
 23 22 similar services.
 23 23    3.  Of the funds appropriated in this section, $732,789
 23 24 shall be used by the department for child abuse prevention
 23 25 grants.
 23 26    4.  Of the funds appropriated in this section, an
 23 27 additional $100,000, based upon the amount allocated in the
 23 28 previous fiscal year, shall be used for family planning
 23 29 services.
 23 30    Sec. 12.  COURT-ORDERED SERVICES PROVIDED TO JUVENILES.
 23 31 There is appropriated from the general fund of the state to
 23 32 the department of human services for the fiscal year beginning
 23 33 July 1, 1995, and ending June 30, 1996, the following amount,
 23 34 or so much thereof as is necessary, to be used for the purpose
 23 35 designated:
 24  1    Payment of the expenses of court-ordered services provided
 24  2 to juveniles which are a charge upon the state pursuant to
 24  3 section 232.141, subsection 4:  
 24  4 .................................................. $  3,090,000
 24  5    1.  Notwithstanding section 232.141 or any other provision
 24  6 of law, the funds appropriated in this section shall be
 24  7 allocated to the judicial districts as determined by the state
 24  8 court administrator.  The state court administrator shall make
 24  9 the determination on the allocations on or before June 15.
 24 10    2.  a.  Each judicial district shall continue the planning
 24 11 group for the court-ordered services for juveniles provided in
 24 12 that district which was established pursuant to 1991 Iowa
 24 13 Acts, chapter 267, section 119.  A planning group shall
 24 14 continue to perform its duties as specified in that law.
 24 15 Reimbursement rates for providers of court-ordered evaluation
 24 16 and treatment services paid under section 232.141, subsection
 24 17 4, shall be negotiated with providers by each judicial
 24 18 district's planning group.
 24 19    b.  Each district planning group shall submit an annual
 24 20 report in January to the state court administrator and the
 24 21 department of human services.  The report shall cover the
 24 22 preceding fiscal year and shall include a preliminary report
 24 23 on the current fiscal year.  The administrator and the
 24 24 department shall compile these reports and submit the reports
 24 25 to the chairpersons and ranking members of the joint
 24 26 appropriations subcommittee on human services and the
 24 27 legislative fiscal bureau.
 24 28    3.  The department of human services shall develop policies
 24 29 and procedures to ensure that the funds appropriated in this
 24 30 section are spent only after all other reasonable actions have
 24 31 been taken to utilize other funding sources and community-
 24 32 based services.  The policies and procedures shall be designed
 24 33 to achieve the following objectives relating to services
 24 34 provided under chapter 232:
 24 35    a.  Maximize the utilization of funds which may be
 25  1 available from the medical assistance program including usage
 25  2 of the early and periodic screening, diagnosis, and treatment
 25  3 (EPSDT) program.
 25  4    b.  Recover payments from any third-party insurance carrier
 25  5 which is liable for coverage of the services, including health
 25  6 insurance coverage.
 25  7    c.  Pursue development of agreements with regularly
 25  8 utilized out-of-state service providers which are intended to
 25  9 reduce per diem costs paid to those providers.
 25 10    4.  The department of human services, in consultation with
 25 11 the state court administrator and the judicial district
 25 12 planning groups, shall compile a monthly report describing
 25 13 spending in the districts for court-ordered services for
 25 14 juveniles, including the utilization of the medical assistance
 25 15 program.  The reports shall be submitted on or before the
 25 16 twentieth day of each month to the chairpersons and ranking
 25 17 members of the joint appropriations subcommittee on human
 25 18 services and the legislative fiscal bureau.
 25 19    5.  Notwithstanding chapter 232 or any other provision of
 25 20 law, a district or juvenile court in a department of human
 25 21 services district shall not order any service which is a
 25 22 charge upon the state pursuant to section 232.141 if there are
 25 23 insufficient court-ordered services funds available in the
 25 24 district allocation to pay for the service.  The chief
 25 25 juvenile court officer shall work with the judicial district
 25 26 planning group to encourage use of the funds appropriated in
 25 27 this section such that there are sufficient funds to pay for
 25 28 all court-related services during the entire year.  The eight
 25 29 chief juvenile court officers shall attempt to anticipate
 25 30 potential surpluses and shortfalls in the allocations and
 25 31 shall cooperatively request the state court administrator to
 25 32 transfer funds between the districts' allocations as prudent.
 25 33    6.  Notwithstanding any provision of law to the contrary, a
 25 34 district or juvenile court shall not order a county to pay for
 25 35 any service provided to a juvenile pursuant to an order
 26  1 entered under chapter 232 which is a charge upon the state
 26  2 under section 232.141, subsection 4.
 26  3    7.  Of the funds appropriated in this section, not more
 26  4 than $200,000 may be used by the judicial department for
 26  5 administration of the requirements under this section and for
 26  6 travel associated with court-ordered placements which are a
 26  7 charge upon the state pursuant to section 232.141, subsection
 26  8 4.
 26  9    8.  Of the funds appropriated in this section, not more
 26 10 than $400,000 may be transferred to the appropriation in this
 26 11 Act for child and family services and used to provide school-
 26 12 based supervision of children adjudicated under chapter 232.
 26 13    Sec. 13.  MENTAL HEALTH INSTITUTES.  There is appropriated
 26 14 from the general fund of the state to the department of human
 26 15 services for the fiscal year beginning July 1, 1995, and
 26 16 ending June 30, 1996, the following amount, or so much thereof
 26 17 as is necessary, to be used for the purposes designated:
 26 18    For the state mental health institutes for salaries,
 26 19 support, maintenance, and miscellaneous purposes and for not
 26 20 more than the following full-time equivalent positions:  
 26 21 .................................................. $ 43,214,775
 26 22 ............................................... FTEs     954.75
 26 23    1.  The funds appropriated and full-time equivalent
 26 24 positions authorized in this section are allocated as follows:
 26 25    a.  State mental health institute at Cherokee:  
 26 26 .................................................. $ 14,842,902
 26 27 ............................................... FTEs     331.13
 26 28    b.  State mental health institute at Clarinda:  
 26 29 .................................................. $  6,009,326
 26 30 ............................................... FTEs     136.82
 26 31    c.  State mental health institute at Independence:  
 26 32 .................................................. $ 17,594,062
 26 33 ............................................... FTEs     401.82
 26 34    d.  State mental health institute at Mount Pleasant:  
 26 35 .................................................. $  4,768,485
 27  1 ............................................... FTEs      84.98
 27  2    2.  Within the funds appropriated in this section, the
 27  3 department may reallocate funds as necessary to best fulfill
 27  4 the needs of the institutions provided for in the
 27  5 appropriation.
 27  6    3.  As part of the discharge planning process at the state
 27  7 mental health institutes, the department shall provide
 27  8 assistance in obtaining eligibility for federal supplemental
 27  9 security income (SSI) to those individuals whose care at a
 27 10 state mental health institute is the financial responsibility
 27 11 of the state.
 27 12    Sec. 14.  HOSPITAL-SCHOOLS.  There is appropriated from the
 27 13 general fund of the state to the department of human services
 27 14 for the fiscal year beginning July 1, 1995, and ending June
 27 15 30, 1996, the following amount, or so much thereof as is
 27 16 necessary, to be used for the purposes designated:
 27 17    For the state hospital-schools, for salaries, support,
 27 18 maintenance, and miscellaneous purposes and for not more than
 27 19 the following full-time equivalent positions:  
 27 20 .................................................. $ 66,276,739
 27 21 ............................................... FTEs   1,666.00
 27 22    1.  The funds appropriated and full-time equivalent
 27 23 positions authorized in this section are allocated as follows:
 27 24    a.  State hospital-school at Glenwood:  
 27 25 .................................................. $ 35,838,799
 27 26 ............................................... FTEs     910.00
 27 27    b.  State hospital-school at Woodward:  
 27 28 .................................................. $ 30,437,940
 27 29 ............................................... FTEs     756.00
 27 30    2.  Within the funds appropriated in this section, the
 27 31 department may reallocate funds as necessary to best fulfill
 27 32 the needs of the institutions provided for in the
 27 33 appropriation.
 27 34    Sec. 15.  MENTAL ILLNESS SPECIAL SERVICES.  There is
 27 35 appropriated from the general fund of the state to the
 28  1 department of human services for the fiscal year beginning
 28  2 July 1, 1995, and ending June 30, 1996, the following amount,
 28  3 or so much thereof as is necessary, to be used for the purpose
 28  4 designated:
 28  5    For mental illness special services:  
 28  6 1995-96 FY ....................................... $ 121,220
 28  7    1.  The department and the Iowa finance authority shall
 28  8 develop methods to implement the financing for existing
 28  9 community-based facilities and to implement financing for the
 28 10 development of affordable community-based housing facilities.
 28 11 The department shall assure that clients are referred to the
 28 12 housing as it is developed.
 28 13    2.  The funds appropriated in this section are to provide
 28 14 funds for construction and start-up costs to develop community
 28 15 living arrangements to provide for persons with mental illness
 28 16 who are homeless.  These funds may be used to match federal
 28 17 Stewart B. McKinney Homeless Assistance Act grant funds.
 28 18    Sec. 16.  FAMILY SUPPORT SUBSIDY PROGRAM.  There is
 28 19 appropriated from the general fund of the state to the
 28 20 department of human services for the fiscal year beginning
 28 21 July 1, 1995, and ending June 30, 1996, the following amount,
 28 22 or so much thereof as is necessary, to be used for the purpose
 28 23 designated:
 28 24    For the family support subsidy program:  
 28 25 .................................................. $  1,116,236
 28 26    Sec. 17.  SPECIAL NEEDS GRANTS.  There is appropriated from
 28 27 the general fund of the state to the department of human
 28 28 services for the fiscal year beginning July 1, 1995, and
 28 29 ending June 30, 1996, the following amount, or so much thereof
 28 30 as is necessary, to be used for the purpose designated:
 28 31    To provide special needs grants to families with a family
 28 32 member at home who has a developmental disability or to a
 28 33 person with a developmental disability:  
 28 34 .................................................. $     53,212
 28 35    Grants must be used by a family to defray special costs of
 29  1 caring for the family member to prevent out-of-home placement
 29  2 of the family member or to provide for independent living
 29  3 costs.  A grant may provide up to $5,000 per person for costs
 29  4 associated with an assistive animal.  The grants may be
 29  5 administered by a private nonprofit agency which serves people
 29  6 statewide provided that no administrative costs are received
 29  7 by the agency.  Regular reports regarding the special needs
 29  8 grants with the family support subsidy program and an annual
 29  9 report concerning the characteristics of the grantees shall be
 29 10 provided to the legislative fiscal bureau.
 29 11    Sec. 18.  MI/MR/DD STATE CASES.  There is appropriated from
 29 12 the general fund of the state to the department of human
 29 13 services for the fiscal year beginning July 1, 1995, and
 29 14 ending June 30, 1996, the following amount, or so much thereof
 29 15 as is necessary, to be used for the purposes designated:
 29 16    For purchase of local services for persons with mental
 29 17 illness, mental retardation, and developmental disabilities
 29 18 where the client has no established county of legal
 29 19 settlement:  
 29 20 .................................................. $  5,473,492
 29 21    Sec. 19.  MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES &endash;
 29 22 COMMUNITY SERVICES FUND.  There is appropriated from the
 29 23 general fund of the state to the mental health and
 29 24 developmental disabilities services fund created in section
 29 25 225C.7 for the fiscal year beginning July 1, 1995, and ending
 29 26 June 30, 1996, the following amount, or so much thereof as is
 29 27 necessary, to be used for the purpose designated:
 29 28    For mental health and developmental disabilities community
 29 29 services in accordance with this Act:  
 29 30 ................................................. $ 16,239,182
 29 31    1.  Of the funds appropriated in this section, $15,888,182
 29 32 shall be allocated to counties for funding of community-based
 29 33 mental illness, mental retardation, developmental
 29 34 disabilities, and brain injury services.  The moneys shall be
 29 35 allocated to a county as follows:
 30  1    a.  Fifty percent based upon the county's proportion of the
 30  2 state's population of persons with an annual income which is
 30  3 equal to or less than the poverty guideline established by the
 30  4 federal office of management and budget.
 30  5    b.  Fifty percent based upon the county's proportion of the
 30  6 state's general population.
 30  7    2.  a.  A county shall utilize the funding the county
 30  8 receives pursuant to subsection 1 for services provided to
 30  9 persons with mental illness, mental retardation, developmental
 30 10 disability, and brain injury (MI/MR/DD/BI).  However, no more
 30 11 than 50 percent of the funding shall be used for services
 30 12 provided to any one of the service populations.
 30 13    b.  A county shall use at least 50 percent of the funding
 30 14 the county receives under subsection 1 for contemporary
 30 15 services provided to persons with MI/MR/DD/BI.
 30 16    c.  The mental health and developmental disabilities
 30 17 commission shall adopt rules pursuant to chapter 17A
 30 18 describing the contemporary services.  The commission may
 30 19 adopt administrative rules to implement this subsection.
 30 20    3.  Of the funds appropriated in this section, $30,000
 30 21 shall be used to support the Iowa compass program providing
 30 22 computerized information and referral services for Iowans with
 30 23 disabilities and their families.
 30 24    4.  The department shall submit an annual report concerning
 30 25 each population served and each service funded in this section
 30 26 to the chairpersons and ranking members of the joint
 30 27 appropriations subcommittee on human services and the
 30 28 legislative fiscal bureau.
 30 29    5.  a.  A mental health and developmental disabilities
 30 30 planning council established pursuant to section 225C.18 shall
 30 31 develop plans for the provision of services for the fiscal
 30 32 year beginning July 1, 1995, for persons with MI/MR/DD/BI in
 30 33 the county or counties comprising the planning council.
 30 34    b.  County MI/MR/DD/BI expenditure reports for the prior
 30 35 fiscal year are due to the department on or before October 15,
 31  1 1995.  The county MI/MR/DD/BI plan for the fiscal year
 31  2 beginning July 1, 1995, is due to the department on or before
 31  3 April 1, 1995.
 31  4    6.  a.  Funding from the federal social services block
 31  5 grant in the amount of $13,038,763 is allocated for
 31  6 distribution to counties for local purchase of services for
 31  7 persons with mental illness or mental retardation or other
 31  8 developmental disability.
 31  9    b.  The funds allocated in this subsection shall be
 31 10 expended by counties in accordance with eligibility guidelines
 31 11 established in the department's rules outlining general
 31 12 provisions for service administration.  Services eligible for
 31 13 payment with funds allocated in this subsection are limited to
 31 14 any of the following which are provided in accordance with the
 31 15 department's administrative rules for the services:  adult
 31 16 support, adult day care, administrative support for
 31 17 volunteers, community supervised apartment living
 31 18 arrangements, residential services for adults, sheltered work,
 31 19 supported employment, supported work training, transportation,
 31 20 and work activity.
 31 21    c.  In purchasing services with funds allocated in this
 31 22 subsection, a county shall designate a person to provide for
 31 23 eligibility determination and development of a case plan for
 31 24 individuals for whom the services are purchased.  The
 31 25 designated person shall be a medical assistance case manager
 31 26 serving the person's county of residence.  If an individual
 31 27 does not have a case manager, the individual's eligibility
 31 28 shall be determined by a social services caseworker of the
 31 29 department serving the individual's county of residence.  The
 31 30 case plan shall be developed in accordance with the
 31 31 department's rules outlining general provisions for service
 31 32 administration.
 31 33    d.  Services purchased with funds allocated in this
 31 34 subsection must be the result of a referral by the person who
 31 35 identified the services in developing the individual's case
 32  1 plan.
 32  2    e.  Services purchased with funds allocated in this
 32  3 subsection must be under a purchase of service contract
 32  4 established in accordance with the department's administrative
 32  5 rules for purchase of service.
 32  6    f.  The funds provided by this subsection shall be
 32  7 allocated to each county as follows:
 32  8    (1)  Fifty percent based upon the county's proportion of
 32  9 the state's population of persons with an annual income which
 32 10 is equal to or less than the poverty guideline established by
 32 11 the federal office of management and budget.
 32 12    (2)  Fifty percent based upon the amount provided to the
 32 13 county for local purchase services in the preceding fiscal
 32 14 year.
 32 15    g.  Each county shall submit to the department a plan for
 32 16 funding of the services eligible for payment under this
 32 17 subsection.  The plan may provide for allocation of the funds
 32 18 for one or more of the eligible services.  The plan shall
 32 19 identify the funding amount the county allocates for each
 32 20 service and the time period for which the funding will be
 32 21 available.  Only those services which have funding allocated
 32 22 in the plan are eligible for payment with funds provided in
 32 23 this subsection.
 32 24    h.  A county shall provide advance notice to the individual
 32 25 receiving services, the service provider, and the person
 32 26 responsible for developing the case plan of the date the
 32 27 county determines that funding will no longer be available for
 32 28 a service.
 32 29    i.  Moneys allocated to a county pursuant to paragraph "f"
 32 30 shall be provided to the county as claims are submitted to the
 32 31 state.
 32 32    j.  The moneys provided under this subsection do not
 32 33 establish an entitlement to the services funded under this
 32 34 subsection.
 32 35    Sec. 20.  PERSONAL ASSISTANCE &endash; FAMILY SUPPORT.  There is
 33  1 appropriated from the general fund of the state to the
 33  2 department of human services for the fiscal year beginning
 33  3 July 1, 1995, and ending June 30, 1996, the following amount
 33  4 or so much thereof as is necessary, to be used for the purpose
 33  5 designated:
 33  6    For implementing a pilot project for the personal
 33  7 assistance services program in accordance with this section:  
 33  8 .................................................. $    250,000
 33  9    1.  The funds appropriated in this section shall be used by
 33 10 the division of mental health and developmental disabilities
 33 11 to implement a pilot project for the personal assistance
 33 12 services program under section 225C.46 in an urban and a rural
 33 13 area.  The moneys may be used for costs to develop a federal
 33 14 waiver under medical assistance or other expenditures
 33 15 necessary to develop the personal assistance program in the
 33 16 most appropriate and cost-effective manner.  The pilot project
 33 17 and the waiver shall not be implemented in a manner that would
 33 18 require additional county or state costs for assistance
 33 19 provided to an individual served under the pilot project or
 33 20 the waiver.
 33 21    2.  In cooperation with the personal assistance and family
 33 22 support services council, the Iowa family support initiative,
 33 23 and the governor's planning council for developmental
 33 24 disabilities, the department shall apply for any federal funds
 33 25 made available through the federal Families of Children with
 33 26 Disabilities Support Act of 1994, provided no new state or
 33 27 county funds are needed to match the federal funds.  The
 33 28 department may use funds from existing programs as matching
 33 29 funds, provided the program goals are consistent and
 33 30 reductions in services for program recipients do not occur.
 33 31 The department shall use the personal assistance and family
 33 32 support services council to meet any federal requirements for
 33 33 a state board policy group, or may use a subgroup of the
 33 34 council if necessary for meeting federal specifications on
 33 35 size, composition, configuration, or functioning relating to a
 34  1 federal requirement for a policy group.  The department's
 34  2 planning for a comprehensive family support initiative under
 34  3 section 225C.47 and this subsection shall address options for
 34  4 a means test eligibility requirement and for local review of
 34  5 eligibility by existing bodies such as the mental health and
 34  6 developmental disabilities regional planning councils created
 34  7 pursuant to section 225C.18.
 34  8    Sec. 21.  FIELD OPERATIONS.  There is appropriated from the
 34  9 general fund of the state to the department of human services
 34 10 for the fiscal year beginning July 1, 1995, and ending June
 34 11 30, 1996, the following amount, or so much thereof as is
 34 12 necessary, to be used for the purpose designated:
 34 13    For field operations, including salaries, support,
 34 14 maintenance, and miscellaneous purposes and for not more than
 34 15 the following full-time equivalent positions:  
 34 16 .................................................. $ 37,846,205
 34 17 ............................................... FTEs    2009.50
 34 18    Sec. 22.  GENERAL ADMINISTRATION.  There is appropriated
 34 19 from the general fund of the state to the department of human
 34 20 services for the fiscal year beginning July 1, 1995, and
 34 21 ending June 30, 1996, the following amount, or so much thereof
 34 22 as is necessary, to be used for the purpose designated:
 34 23    For general administration, including salaries, support,
 34 24 maintenance, and miscellaneous purposes and for not more than
 34 25 the following full-time equivalent positions:  
 34 26 .................................................. $ 10,907,951
 34 27 ............................................... FTEs     375.50
 34 28    Of the funds appropriated in this section, $57,090 is
 34 29 allocated for the prevention of disabilities policy council
 34 30 established in section 225B.3.
 34 31    Sec. 23.  VOLUNTEERS.  There is appropriated from the
 34 32 general fund of the state to the department of human services
 34 33 for the fiscal year beginning July 1, 1995, and ending June
 34 34 30, 1996, the following amount, or so much thereof as is
 34 35 necessary, to be used for the purpose designated:
 35  1    For development and coordination of volunteer services:  
 35  2 .................................................. $    85,793
 35  3    Sec. 24.  "X-PERT" PUBLIC ASSISTANCE BENEFIT ELIGIBILITY
 35  4 DETERMINATION SYSTEM.  There is appropriated from the general
 35  5 fund of the state to the department of human services for the
 35  6 fiscal year beginning July 1, 1995, and ending June 30, 1996,
 35  7 the following amount, or so much thereof as is necessary, to
 35  8 be used for the purpose designated:
 35  9    For the development costs of the "X-PERT" knowledge-based
 35 10 computer software package for public assistance benefit
 35 11 eligibility determination, including salaries, support,
 35 12 maintenance, and miscellaneous purposes and for not more than
 35 13 the following full-time equivalent positions:  
 35 14 .................................................. $    919,872
 35 15 ............................................... FTEs      17.00
 35 16    Moneys appropriated in this section shall be considered
 35 17 encumbered for the purposes of section 8.33.
 35 18    Sec. 25.  MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
 35 19 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
 35 20 DEPARTMENT OF HUMAN SERVICES.
 35 21    1.  a.  For the fiscal year beginning July 1, 1995, the
 35 22 department of human services may allocate any increases in
 35 23 payments for durable medical products and supplies so that
 35 24 equipment and supplies which have greater wholesale cost
 35 25 increases may be reimbursed at a higher rate and those which
 35 26 have a lower or no wholesale cost increase may be reimbursed
 35 27 at a lower rate or have no increase.
 35 28    b.  For the fiscal year beginning July 1, 1995, providers
 35 29 of obstetric services when provided by physicians or certified
 35 30 nurse-midwives shall have their medical assistance
 35 31 reimbursement rates increased by 5.0 percent over the rates in
 35 32 effect on June 30, 1995.
 35 33    c.  For the fiscal year beginning July 1, 1995, skilled
 35 34 nursing facilities shall have their medical assistance rates
 35 35 increased by 4.6 percent over the rates in effect on June 30,
 36  1 1995.
 36  2    d.  The dispensing fee for pharmacists shall remain at the
 36  3 rate in effect on June 30, 1995.  The reimbursement policy for
 36  4 drug product costs shall be in accordance with federal
 36  5 requirements.
 36  6    e.  Reimbursement rates for in-patient and outpatient
 36  7 hospital services shall be increased by an average of 4.2
 36  8 percent over the rates in effect on June 30, 1995.  The
 36  9 department shall continue the outpatient hospital
 36 10 reimbursement system based upon ambulatory patient groups
 36 11 implemented pursuant to 1994 Iowa Acts, chapter 1186, section
 36 12 25, subsection 1, paragraph "f".  In addition, the department
 36 13 shall continue the revised medical assistance payment policy
 36 14 implemented pursuant to that paragraph to provide
 36 15 reimbursement for costs of screening and treatment provided in
 36 16 the hospital emergency room is made pursuant to the
 36 17 prospective payment methodology developed by the department
 36 18 for the payment of outpatient services provided under the
 36 19 medical assistance program.
 36 20    f.  Reimbursement rates for rural health clinics shall be
 36 21 increased in accordance with increases under the federal
 36 22 medicare program.
 36 23    g.  Home health agencies certified for the federal medicare
 36 24 program, hospice services, and acute care mental hospitals
 36 25 shall be reimbursed for their current federal medicare audited
 36 26 costs.
 36 27    h.  The basis for establishing the maximum medical
 36 28 assistance reimbursement rate for nursing facilities shall be
 36 29 the 70th percentile of facility costs as calculated from the
 36 30 June 30, 1995, unaudited compilation of cost and statistical
 36 31 data.  However, to the extent funds are available within the
 36 32 amount projected for reimbursement of nursing facilities
 36 33 within the appropriation for medical assistance in this Act,
 36 34 and within the appropriation for medical assistance as a
 36 35 whole, the department shall adjust the maximum medical
 37  1 assistance reimbursement for nursing facilities to the 70th
 37  2 percentile, as calculated on December 31, 1995, unaudited
 37  3 compilation of cost and statistical data and the adjustment
 37  4 shall take effect January 1, 1996.
 37  5    i.  The department may revise the fee schedule used for
 37  6 physician reimbursement.
 37  7    j.  Federally qualified health centers shall be reimbursed
 37  8 at 100 percent of reasonable costs as determined by the
 37  9 department in accordance with federal requirements.
 37 10    k.  Reimbursement for air ambulance service shall be $7.50
 37 11 per mile and the base rate is $200.
 37 12    2.  For the fiscal year beginning July 1, 1995, the maximum
 37 13 cost reimbursement rate for residential care facilities
 37 14 reimbursed by the department shall be $21.32 per day.  The
 37 15 flat reimbursement rate for facilities electing not to file
 37 16 semiannual cost reports shall be $15.25 per day.  For the
 37 17 fiscal year beginning July 1, 1995, the maximum reimbursement
 37 18 rate for providers reimbursed under the in-home health-related
 37 19 care program shall be $409.89 per month.
 37 20    3.  Unless otherwise directed in this section, when the
 37 21 department's reimbursement methodology for any provider
 37 22 reimbursed in accordance with this section includes an
 37 23 inflation factor, this factor shall not exceed the amount by
 37 24 which the consumer price index for all urban consumers
 37 25 increased during the calendar year ending December 31, 1994.
 37 26    4.  Notwithstanding section 234.38, in the fiscal year
 37 27 beginning July 1, 1995, the foster family basic monthly
 37 28 maintenance rate and the maximum adoption subsidy rate for
 37 29 children ages 0 through 5 years shall be $12.00, the rate for
 37 30 children ages 6 through 11 years shall be $12.72, the rate for
 37 31 children ages 12 through 15 years shall be $13.89, and the
 37 32 rate for children ages 16 and older shall be $14.73.
 37 33 Effective July 1, 1995, payments to foster and adoptive
 37 34 families shall be calculated on a daily basis.  Effective July
 37 35 1, 1995, the special care allowance paid to adoptive families
 38  1 who have adopted a child with special needs and is eligible
 38  2 for an adoptive subsidy shall be the same as foster care.
 38  3    5.  For the fiscal year beginning July 1, 1995, the maximum
 38  4 reimbursement rates for social service providers shall be the
 38  5 same as the rates in effect on June 30, 1995, except under any
 38  6 of the following circumstances:
 38  7    a.  If a new service was added after June 30, 1995, the
 38  8 initial reimbursement rate for the service shall be based upon
 38  9 actual and allowable costs.
 38 10    b.  If a social service provider loses a source of income
 38 11 used to determine the reimbursement rate for the provider, the
 38 12 provider's reimbursement rate may be adjusted to reflect the
 38 13 loss of income, provided that the lost income was used to
 38 14 support actual and allowable costs of a service purchased
 38 15 under a purchase of service contract.
 38 16    6.  The group foster care reimbursement rates paid for
 38 17 placement of children out-of-state shall be calculated
 38 18 according to the same rate-setting principles as those used
 38 19 for in-state providers unless the director determines that
 38 20 appropriate care cannot be provided within the state.  The
 38 21 payment of the daily rate shall be based on the number of days
 38 22 in the calendar month in which service is provided.
 38 23    7.  For the fiscal year beginning July 1, 1995, the
 38 24 combined service and maintenance components of the
 38 25 reimbursement rate paid to a shelter care provider shall be
 38 26 based on the cost report submitted to the department.  The
 38 27 maximum reimbursement rate shall be $76.61 per day.  If the
 38 28 department would reimburse the provider at less than the
 38 29 maximum rate but the provider's cost report justifies a rate
 38 30 of at least $76.61, the department shall readjust the
 38 31 provider's reimbursement rate to the maximum reimbursement
 38 32 rate.  In January 1996, the department shall review the usage
 38 33 of shelter care and the funding allocated for shelter care, if
 38 34 the usage is less than anticipated, the department may utilize
 38 35 moneys in the allocation, which would otherwise be unexpended,
 39  1 for wrap-around services or support to enable group foster
 39  2 care placement to be prevented or the length of stay reduced.
 39  3    8.  The department shall continue the pilot project to
 39  4 implement the alternative payment system, recommended in the
 39  5 study completed by the drug utilization review commission, for
 39  6 compensation of pharmacists for pharmaceutical care services
 39  7 under medical assistance.  A report of the findings and
 39  8 recommendations resulting from an evaluation of the pilot
 39  9 project regarding the payment system shall be submitted to the
 39 10 legislative fiscal bureau and to the chairpersons and ranking
 39 11 members of the joint appropriations subcommittee on human
 39 12 services by January 15, 1997.
 39 13    9.  The department shall adopt rules which establish an
 39 14 equitable reimbursement rate for all child day care providers
 39 15 reimbursed by the department.  The reimbursement rate for
 39 16 these providers shall be the lower of either the average
 39 17 charge to private pay child day care purchasers or the
 39 18 department's maximum reimbursement rate for child day care in
 39 19 effect on June 30, 1995.
 39 20    10.  The department may adopt emergency rules to implement
 39 21 the provisions of this section.
 39 22    Sec. 26.  STATE INSTITUTIONS &endash; CLOSINGS AND REDUCTIONS.
 39 23    1.  The department of human services shall develop a
 39 24 proposal to close two state institutions administered by the
 39 25 department.  The proposal shall include recommendations which
 39 26 address the effects of closing on the community, employees,
 39 27 and clients of the institution identified for closing and the
 39 28 fiscal impact on the counties, the areas in which the
 39 29 institutions are located and the state.  The department shall
 39 30 submit the proposal to the general assembly on or before
 39 31 January 15, 1996.
 39 32    2.  If a state institution administered by the department
 39 33 of human services is to be closed or reduced in size, prior to
 39 34 the closing or reduction the department shall initiate and
 39 35 coordinate efforts in cooperation with the Iowa department of
 40  1 economic development to develop new jobs in the area in which
 40  2 the state institution is located.  In addition, the department
 40  3 may take other actions to utilize the facilities of an
 40  4 institution, including but not limited to assisting not-for-
 40  5 profit users with remodeling and lease costs by forgiving
 40  6 future rental or lease payments to the extent necessary for a
 40  7 period not to exceed five years.
 40  8    Sec. 27.  1994 Iowa Acts, chapter 1186, section 10,
 40  9 unnumbered paragraph 2, is amended to read as follows:
 40 10    For child and family services:  
 40 11 .................................................. $ 74,617,612
 40 12                                                      81,264,807
 40 13    Sec. 28.  1994 Iowa Acts, chapter 1186, section 18,
 40 14 unnumbered paragraph 2, is amended to read as follows:
 40 15    For purchase of local services for persons with mental
 40 16 illness, mental retardation, and developmental disabilities
 40 17 services where the client has no established county of legal
 40 18 settlement:  
 40 19 .................................................. $  5,973,492
 40 20                                                       2,973,492
 40 21    Sec. 29.  1994 Iowa Acts, chapter 1186, section 19,
 40 22 unnumbered paragraph 2, is amended to read as follows:
 40 23    For mental illness, mental retardation, developmental
 40 24 disabilities, and brain injury community services in
 40 25 accordance with the provisions of this Act:  
 40 26 ................................................. $ 29,277,958
 40 27                                                     21,860,789
 40 28    Sec. 30.  1994 Iowa Acts, chapter 1186, section 19,
 40 29 subsection 6, paragraph a, as amended by 1994 Iowa Acts,
 40 30 chapter 1199, section 70, is amended to read as follows:
 40 31    a.  Of the funds appropriated in this section, $13,038,763
 40 32 $5,621,594 is allocated for distribution to counties for local
 40 33 purchase of services for persons with mental illness or mental
 40 34 retardation or other developmental disability.
 40 35    Sec. 31.  1994 Iowa Acts, chapter 1186, section 20,
 41  1 unnumbered paragraph 2, is amended to read as follows:
 41  2    For field operations, including salaries, support,
 41  3 maintenance, and miscellaneous purposes:  
 41  4 .................................................. $ 37,567,639
 41  5                                                      41,337,613
 41  6    Sec. 32.  1994 Iowa Acts, chapter 1194, section 10,
 41  7 subsections 2 and 3, are amended to read as follows:
 41  8    2.  Not more than $1,725,148 2,078,730 of the funds
 41  9 appropriated in subsection 1 shall be used by the department
 41 10 of human services for general administration.  From the funds
 41 11 set aside by this subsection for general administration, the
 41 12 department of human services shall pay to the auditor of state
 41 13 an amount sufficient to pay the cost of auditing the use and
 41 14 administration of the state's portion of the funds
 41 15 appropriated in subsection 1.
 41 16    3.  In addition to the allocation for general
 41 17 administration in subsection 2, the remaining funds
 41 18 appropriated in subsection 1 shall be allocated in the
 41 19 following amounts to supplement appropriations for the federal
 41 20 fiscal year beginning October 1, 1994, for the following
 41 21 programs within the department of human services:
 41 22    a.  Field operations:  
 41 23 .................................................. $ 12,124,297
 41 24                                                      11,322,332
 41 25    b.  Child and family services:  
 41 26 .................................................. $ 14,101,019
 41 27                                                             -0-
 41 28    c.  Child care assistance:  
 41 29 .................................................. $  1,310,652
 41 30                                                       1,581,230
 41 31    d.  Local administrative costs and other local services:  
 41 32 .................................................. $  1,164,210
 41 33                                                       1,462,851
 41 34    e.  Volunteers:  
 41 35 .................................................. $    122,778
 42  1                                                         148,259
 42  2    f.  Community-based services:  
 42  3 .................................................. $    146,321
 42  4                                                         183,855
 42  5    g.  Local purchase:
 42  6 .................................................. $ 10,917,169
 42  7    h.  MI/MR state cases:
 42  8 .................................................. $  3,000,000
 42  9    Sec. 33.  Section 99D.7, Code 1995, is amended by adding
 42 10 the following new subsection:
 42 11    NEW SUBSECTION.  22.  To cooperate with the gamblers
 42 12 assistance program administered by the department of human
 42 13 services to incorporate information regarding the gamblers
 42 14 assistance program and its toll-free telephone number in
 42 15 printed materials distributed by the commission.  The
 42 16 commission may require licensees to have the information
 42 17 available in a conspicuous place as a condition of licensure.
 42 18    Sec. 34.  Section 99E.9, Code 1995, is amended by adding
 42 19 the following new subsection:
 42 20    NEW SUBSECTION.  8.  The Iowa lottery board shall cooperate
 42 21 with the gamblers assistance program administered by the
 42 22 department of human services to incorporate information
 42 23 regarding the gamblers assistance program and its toll-free
 42 24 telephone number in printed materials distributed by the
 42 25 board.
 42 26    Sec. 35.  Section 217.3, subsection 4, Code 1995, is
 42 27 amended to reads as follows:
 42 28    4.  Approve the budget of the department of human services
 42 29 prior to submission to the governor.  Within two weeks of the
 42 30 date Prior to approval of the budget is approved, the council
 42 31 shall publicize and hold a public hearing to provide
 42 32 explanations and hear questions, opinions, and suggestions
 42 33 regarding the budget.  Invitations to the hearing shall be
 42 34 extended to the governor, the governor-elect, the director of
 42 35 the department of management, and other persons deemed by the
 43  1 council as integral to the budget process.
 43  2    Sec. 36.  Section 232.188, subsection 6, Code 1995, is
 43  3 amended to read as follows:
 43  4    6.  Initially the department shall work with the five
 43  5 counties previously authorized under law to enter into
 43  6 decategorization agreements with the state.  At a minimum, any
 43  7 of those counties may elect to use funding for foster care,
 43  8 family-centered services, subsidized adoption, child day care,
 43  9 local purchase of service, state juvenile institution care,
 43 10 state mental health institute care, state hospital-school
 43 11 care, juvenile detention, department direct services, and
 43 12 court-ordered services for juveniles in the child welfare fund
 43 13 established for that county.  The department shall inform each
 43 14 county in advance of a fiscal year of the amount of funding
 43 15 that is available on account for the county at the state
 43 16 institutions for the fiscal year.
 43 17    Sec. 37.  EMERGENCY RULES.  If specifically authorized by a
 43 18 provision of this Act, the department of human services or the
 43 19 mental health and mental retardation commission may adopt
 43 20 administrative rules under section 17A.4, subsection 2, and
 43 21 section 17A.5, subsection 2, paragraph "b", to implement the
 43 22 provisions and the rules shall become effective immediately
 43 23 upon filing, unless a later effective date is specified in the
 43 24 rules.  In addition, the department may adopt administrative
 43 25 rules in accordance with the provisions of this section as
 43 26 necessary to comply with federal requirements or to adjust to
 43 27 a change in the level of federal funding during the fiscal
 43 28 year beginning July 1, 1995, and ending June 30, 1996.  Any
 43 29 rules adopted in accordance with the provisions of this
 43 30 section shall also be published as notice of intended action
 43 31 as provided in section 17A.4.
 43 32    Sec. 38.  EFFECTIVE DATE.  Sections 27 through 32 of this
 43 33 Act, being deemed of immediate importance, take effect upon
 43 34 enactment.  
 43 35                           EXPLANATION
 44  1    This bill makes appropriations for the 1995-1996 fiscal
 44  2 year to the department of human services for human services
 44  3 and health care programs.
 44  4    The bill also makes reductions and supplements other human
 44  5 services appropriations in 1994 Iowa Acts, chapters 1186 and
 44  6 1194, for the 1994-1995 fiscal year.  These changes are
 44  7 effective upon enactment.
 44  8    Amendments to sections 99D.7 and 99E.9 relate to the
 44  9 gamblers assistance program by codifying language regarding
 44 10 cooperation between the state racing and gaming commission and
 44 11 the Iowa lottery board, and the gamblers assistance program
 44 12 relating to incorporation of the program's toll-free telephone
 44 13 number in printed materials distributed by the commission and
 44 14 the board.
 44 15    Under current law, section 217.3 directs the council of
 44 16 human services to publicize and hold a public hearing within
 44 17 two weeks of approval of the budget of the department of human
 44 18 services.  The bill amends this provision to require the
 44 19 public hearing to be held prior to approving the budget.
 44 20    Section 232.188, relating to decategorization of child
 44 21 welfare funding, is amended to incorporate mental health
 44 22 institute care and state hospital-school care to the list of
 44 23 services for which funding may be used by a decategorization
 44 24 project county.  The codified language also directs the
 44 25 department of human services to inform each county in advance
 44 26 of the fiscal year of the amount of funding that is available
 44 27 on account for the county's use at the state institutions for
 44 28 the fiscal year.  The codified provisions have been part of
 44 29 the annual department of human services appropriations bill
 44 30 for a number of years.  
 44 31 LSB 1988SA 76
 44 32 pf/sc/14.2
     

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