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Senate Study Bill 2342

Conference Committee Text

PAG LIN
  1  1    Section 1.  DEPARTMENT FOR THE BLIND.  There is
  1  2 appropriated from the general fund of the state to the
  1  3 department for the blind for the fiscal year beginning July 1,
  1  4 1996, and ending June 30, 1997, the following amount, or so
  1  5 much thereof as is necessary, to be used for the purpose
  1  6 designated:
  1  7    For salaries, support, maintenance, miscellaneous purposes,
  1  8 and for not more than the following full-time equivalent
  1  9 positions:  
  1 10 .................................................. $  1,475,737
  1 11 ............................................... FTEs      95.00
  1 12    Sec. 2.  CIVIL RIGHTS COMMISSION.  There is appropriated
  1 13 from the general fund of the state to the Iowa state civil
  1 14 rights commission for the fiscal year beginning July 1, 1996,
  1 15 and ending June 30, 1997, the following amount, or so much
  1 16 thereof as is necessary, to be used for the purpose
  1 17 designated:
  1 18    For salaries, support, maintenance, miscellaneous purposes,
  1 19 and for not more than the following full-time equivalent
  1 20 positions:  
  1 21 .................................................. $  1,141,692
  1 22 ............................................... FTEs      36.00
  1 23    If the anticipated amount of federal funding from the
  1 24 federal equal employment opportunity commission and the
  1 25 federal department of housing and urban development exceeds
  1 26 $467,900 during the fiscal year beginning July 1, 1996, and
  1 27 ending June 30, 1997, the Iowa state civil rights commission
  1 28 may exceed the staffing level authorized by this section as
  1 29 necessary to hire additional staff to process or to support
  1 30 the processing of employment and housing complaints.
  1 31    Sec. 3.  DEPARTMENT OF ELDER AFFAIRS.  There is
  1 32 appropriated from the general fund of the state to the
  1 33 department of elder affairs for the fiscal year beginning July
  1 34 1, 1996, and ending June 30, 1997, the following amounts, or
  1 35 so much thereof as is necessary, to be used for the purposes
  2  1 designated:
  2  2    1.  For salaries, support, maintenance, miscellaneous
  2  3 purposes, and for not more than the following full-time
  2  4 equivalent positions:  
  2  5 .................................................. $    450,918
  2  6 ............................................... FTEs      28.00
  2  7    2.  For aging programs and services:  
  2  8 .................................................. $  3,076,528
  2  9    All funds appropriated in this subsection shall be received
  2 10 and disbursed by the director of elder affairs for aging
  2 11 programs and services, shall not be used by the department for
  2 12 administrative purposes, not more than $151,654 shall be used
  2 13 for area agencies on aging administrative purposes, and shall
  2 14 be used for citizens of Iowa over 60 years of age for case
  2 15 management for the frail elderly, mental health outreach,
  2 16 Alzheimer's support, retired senior volunteer program, care
  2 17 review committee coordination, employment, adult day care,
  2 18 respite care, chore services, telephone reassurance,
  2 19 information and assistance, and home repair services,
  2 20 including the winterizing of homes, and for the construction
  2 21 of entrance ramps which make residences accessible to the
  2 22 physically handicapped.  Funds appropriated in this subsection
  2 23 may be used to supplement federal funds under federal
  2 24 regulations.  To receive funds appropriated in this
  2 25 subsection, a local area agency on aging shall match the funds
  2 26 with funds from other sources in accordance with rules adopted
  2 27 by the department.  Funds appropriated in this subsection may
  2 28 be used for elderly services not specifically enumerated in
  2 29 this subsection only if approved by an area agency on aging
  2 30 for provision of the service within the area.
  2 31    The department shall maintain policies and procedures
  2 32 regarding Alzheimer's support and the retired senior volunteer
  2 33 program.
  2 34    Sec. 4.  GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE.  There is
  2 35 appropriated from the general fund of the state to the
  3  1 governor's alliance on substance abuse for the fiscal year
  3  2 beginning July 1, 1996, and ending June 30, 1997, the
  3  3 following amounts, or so much thereof as is necessary, to be
  3  4 used for the purposes designated:
  3  5    1.  For salaries, support, maintenance, miscellaneous
  3  6 purposes, and for not more than the following full-time
  3  7 equivalent positions:  
  3  8 .................................................. $    304,333
  3  9 ............................................... FTEs      10.00
  3 10    2.  For the Iowa substance abuse clearinghouse in Cedar
  3 11 Rapids for staff, materials, and operating expenses:  
  3 12 .................................................. $     29,552
  3 13    Sec. 5.  DEPARTMENT OF PUBLIC HEALTH.  There is
  3 14 appropriated from the general fund of the state to the Iowa
  3 15 department of public health for the fiscal year beginning July
  3 16 1, 1996, and ending June 30, 1997, the following amounts, or
  3 17 so much thereof as is necessary, to be used for the purposes
  3 18 designated:
  3 19    1.  a.  PLANNING AND ADMINISTRATION DIVISION
  3 20    For salaries, support, maintenance, miscellaneous purposes,
  3 21 and for not more than the following full-time equivalent
  3 22 positions:  
  3 23 ................................................. $  2,200,738
  3 24 ............................................... FTEs     61.15
  3 25    (1)  Of the funds appropriated in this lettered paragraph,
  3 26 $738,182 shall be used for the chronic renal disease program.
  3 27 The types of assistance available to eligible recipients under
  3 28 the program may include insurance premiums, travel
  3 29 reimbursement, and prescription and nonprescription drugs.
  3 30 The program expenditures shall not exceed this allocation.  If
  3 31 projected expenditures would exceed the allocation, the
  3 32 department shall establish by administrative rule a mechanism
  3 33 to reduce financial assistance under the renal disease program
  3 34 in order to keep expenditures within the amount allocated in
  3 35 this paragraph.
  4  1    (2)  Hospitals shall not collect fees for birth
  4  2 certificates in excess of the fees as set out in the
  4  3 administrative rules of the Iowa department of public health.
  4  4    (3)  Of the funds appropriated in this lettered paragraph,
  4  5 $117,027 shall be used to provide regulatory oversight of
  4  6 accountable health plans.
  4  7    (4)  Of the funds appropriated in this lettered paragraph,
  4  8 $50,000 shall be used for the purchase, verification,
  4  9 updating, and storage of health data information.
  4 10    The department shall compile, correlate, and disseminate
  4 11 data from health care providers, the state medical assistance
  4 12 program, third-party payers, associations, and other
  4 13 appropriate sources in furtherance of the purpose and intent
  4 14 of this appropriation.
  4 15    The department shall request and receive information from
  4 16 other state agencies similar to that required of third-party
  4 17 payers for the purpose of dissemination of health data.  The
  4 18 department may enter into agreements for studies on health-
  4 19 related questions and provide or make data available to health
  4 20 care providers, health care subscribers, third-party payers
  4 21 and the general public.  The department may purchase data for
  4 22 the purpose of dissemination of health data information.  The
  4 23 department shall assure the confidentiality of the data col-
  4 24 lected from other state agencies, hospitals, and third-party
  4 25 payers under chapter 22.  The compilation of data information
  4 26 prepared for release or dissemination from the data collected
  4 27 shall be a public record.  The department shall adopt adminis-
  4 28 trative rules to address a contracting process, define confi-
  4 29 dential information, set fees charged for data, and prescribe
  4 30 the forms upon which the information is to be made available.
  4 31    b.  PROFESSIONAL LICENSURE
  4 32    For salaries, support, maintenance, miscellaneous purposes,
  4 33 and for not more than the following full-time equivalent
  4 34 positions:  
  4 35 .................................................. $    997,900
  5  1 ............................................... FTEs      12.00
  5  2    The director of public health, when estimating expenditure
  5  3 requirements for the boards funded under this paragraph, shall
  5  4 base the budget on 85 percent of the average annual fees
  5  5 generated for the previous two fiscal years.  The department
  5  6 shall confer with the boards funded under this paragraph in
  5  7 estimating the boards' annual fee generation and
  5  8 administrative costs.  When the department develops each
  5  9 board's annual budget, a board's budget shall not exceed 85
  5 10 percent of fees collected, based on the average of the
  5 11 previous two fiscal years.  The department may expend funds in
  5 12 addition to amounts budgeted, if those additional expenditures
  5 13 are directly the result of unanticipated litigation costs
  5 14 arising from the discharge of the board's regulatory duties.
  5 15 Before the department expends or encumbers an amount in excess
  5 16 of the funds budgeted for a board, the director of the
  5 17 department of management shall approve the expenditure or
  5 18 encumbrance.  The amounts necessary to fund the unanticipated
  5 19 litigation in the fiscal year beginning July 1, 1996, shall
  5 20 not exceed 5 percent of the average annual fees generated by
  5 21 the board for the previous two fiscal years.
  5 22    c.  EMERGENCY MEDICAL SERVICES
  5 23    For salaries, support, maintenance, and emergency medical
  5 24 services training of emergency medical services (EMS)
  5 25 personnel at the state, county, and local levels and for not
  5 26 more than the following full-time equivalent positions:  
  5 27 .................................................. $  1,022,360
  5 28 ............................................... FTEs      12.00
  5 29    If a person in the course of responding to an emergency
  5 30 renders aid to an injured person and becomes exposed to bodily
  5 31 fluids of the injured person, that emergency responder shall
  5 32 be entitled to hepatitis testing and immunization in
  5 33 accordance with the latest available medical technology to
  5 34 determine if infection with hepatitis has occurred.  The
  5 35 person shall be entitled to reimbursement from the EMS funds
  6  1 available under this lettered paragraph only if the
  6  2 reimbursement is not available through any employer or third-
  6  3 party payor.
  6  4    2.  HEALTH PROTECTION DIVISION
  6  5    a.  For salaries, support, maintenance, miscellaneous
  6  6 purposes, and for not more than the following full-time
  6  7 equivalent positions:  
  6  8 .................................................. $  2,167,154
  6  9 ............................................... FTEs      76.00
  6 10    b.  Of the funds appropriated in this subsection, $75,000
  6 11 shall be used for chlamydia testing.
  6 12    c.  Of the funds appropriated in this subsection, $39,547
  6 13 shall be used for the lead abatement program.
  6 14    d.  The state university of Iowa hospitals and clinics
  6 15 shall not receive indirect costs from the funds appropriated
  6 16 in this subsection.
  6 17    3.  SUBSTANCE ABUSE AND HEALTH PROMOTION DIVISION
  6 18    a.  For salaries, support, maintenance, miscellaneous
  6 19 purposes, and for not more than the following full-time
  6 20 equivalent positions:  
  6 21 .................................................. $    633,306
  6 22 ............................................... FTEs      46.35
  6 23    (1)  The division shall continue to coordinate with
  6 24 substance abuse treatment and prevention providers regardless
  6 25 of funding source to assure the delivery of substance abuse
  6 26 treatment and prevention programs.
  6 27    (2)  The commission on substance abuse, in conjunction with
  6 28 the division, shall continue to coordinate the delivery of
  6 29 substance abuse services involving prevention, social and
  6 30 medical detoxification, and other treatment by medical and
  6 31 nonmedical providers to uninsured and court-ordered substance
  6 32 abuse patients in all counties of the state.
  6 33    b.  Of the funds appropriated in this subsection, $15,000
  6 34 is allocated to support the surveillance and reporting of
  6 35 disabilities suffered by persons engaged in agriculture
  7  1 resulting from diseases or injuries, including identifying the
  7  2 amount and severity of agriculture-related injuries and
  7  3 diseases in the state, identifying causal factors associated
  7  4 with agriculture-related injuries and diseases, and evaluating
  7  5 the effectiveness of intervention programs designed to reduce
  7  6 injuries and diseases.  The department shall cooperate with
  7  7 the department of agriculture and land stewardship, Iowa state
  7  8 university of science and technology, and the college of
  7  9 medicine at the state university of Iowa in accomplishing
  7 10 these duties.
  7 11    c.  For program grants:  
  7 12 .................................................. $  8,390,159
  7 13    (1)  Of the funds appropriated in this lettered paragraph,
  7 14 $193,500 shall be used for the provision of aftercare services
  7 15 for persons completing substance abuse treatment.
  7 16    (2)  Of the funds appropriated in this lettered paragraph,
  7 17 a minimum of $950,000 shall be used by the Iowa department of
  7 18 public health to continue the integrated substance abuse
  7 19 managed care system.
  7 20    4.  FAMILY AND COMMUNITY HEALTH DIVISION
  7 21    a.  For salaries, support, maintenance, miscellaneous
  7 22 purposes, and for not more than the following full-time
  7 23 equivalent positions:  
  7 24 ................................................. $  3,415,041
  7 25 ............................................... FTEs     71.00
  7 26    (1)  Of the funds appropriated in this lettered paragraph,
  7 27 at least $587,865 shall be allocated by the division for the
  7 28 birth defects and genetics counseling program and of these
  7 29 funds, $279,402 is allocated for regional genetic counseling
  7 30 services contracted from the state university of Iowa
  7 31 hospitals and clinics under the control of the state board of
  7 32 regents.
  7 33    (2)  Of the funds appropriated in this lettered paragraph,
  7 34 the following amounts are allocated to the state university of
  7 35 Iowa hospitals and clinics under the control of the state
  8  1 board of regents for the following programs under the Iowa
  8  2 specialized child health care services:
  8  3    (a)  Mobile and regional child health specialty clinics:  
  8  4 .................................................. $    392,931
  8  5    The regional clinic located in Sioux City shall maintain a
  8  6 social worker component to assist the families of children
  8  7 participating in the clinic program.
  8  8    Of the funds allocated in this subparagraph, $97,937 shall
  8  9 be used for a specialized medical home care program providing
  8 10 care planning and coordination of community support services
  8 11 for children who require technical medical care in the home.
  8 12    (b)  Muscular dystrophy and related genetic disease
  8 13 programs:  
  8 14 .................................................. $    115,613
  8 15    (c)  Statewide perinatal program:  
  8 16 .................................................. $     61,693
  8 17    (3)  The birth defects and genetic counseling service shall
  8 18 apply a sliding fee scale to determine the amount a person
  8 19 receiving the services is required to pay for the services.
  8 20 These fees shall be considered repayment receipts and used for
  8 21 the program.
  8 22    (4)  The state university of Iowa hospitals and clinics
  8 23 shall not receive indirect costs from the funds allocated in
  8 24 this lettered paragraph.
  8 25    (5)  Of the funds appropriated in this lettered paragraph,
  8 26 $1,001,209 shall be used for maternal and child health
  8 27 services.
  8 28    (6)  If during the 1996-1997 fiscal year, the federal
  8 29 government incorporates the special supplemental nutrition
  8 30 program for women, infants, and children into a block grant,
  8 31 the department of human services, Iowa department of public
  8 32 health, or any other state agency which administers the block
  8 33 grant shall require a competitive bid process for infant
  8 34 formula purchased by or for families under the block grant.
  8 35    (7)  The Iowa department of public health shall administer
  9  1 the statewide maternal and child health program, conduct
  9  2 mobile and regional child health specialty clinics, and
  9  3 conduct other activities to improve the health of low-income
  9  4 women and children and to promote the welfare of children with
  9  5 actual or potential handicapping conditions and chronic
  9  6 illnesses in accordance with the requirements of Title V of
  9  7 the federal Social Security Act.
  9  8    (8)  The department shall continue efforts to realize the
  9  9 "Healthy Iowans 2000" goal of promoting prevention and health
  9 10 promotion to improve the quality of life of Iowans and to hold
  9 11 down health care costs and shall submit an annual "Healthy
  9 12 Iowans 2000" progress report to the general assembly on
  9 13 January 1 of each fiscal year.
  9 14    (9)  Of the funds appropriated in this lettered paragraph,
  9 15 $165,391 is allocated for the office of rural health to
  9 16 provide technical assistance to rural areas in the area of
  9 17 health care delivery.
  9 18    (10)  Of the funds appropriated in this lettered paragraph,
  9 19 $182,028 shall be used to develop, implement, and maintain
  9 20 rural health provider recruitment and retention efforts.
  9 21    b.  Sudden infant death syndrome autopsies:
  9 22    For reimbursing counties for expenses resulting from
  9 23 autopsies of suspected victims of sudden infant death syndrome
  9 24 required under section 331.802, subsection 3, paragraph "j":  
  9 25 .................................................. $      9,675
  9 26    c.  For grants to local boards of health for the public
  9 27 health nursing program:  
  9 28 .................................................. $  2,511,871
  9 29    (1)  Funds appropriated in this lettered paragraph shall be
  9 30 used to maintain and expand the existing public health nursing
  9 31 program for elderly and low-income persons with the objective
  9 32 of preventing or reducing inappropriate institutionalization.
  9 33 The funds shall not be used for any other purpose.  As used in
  9 34 this lettered paragraph, "elderly person" means a person who
  9 35 is 60 years of age or older and "low-income person" means a
 10  1 person whose income and resources are below the guidelines
 10  2 established by the department.
 10  3    (2)  One-fourth of the total amount to be allocated shall
 10  4 be divided so that an equal amount is available for use in
 10  5 each county in the state.  Three-fourths of the total amount
 10  6 to be allocated shall be divided so that the share available
 10  7 for use in each county is proportionate to the number of
 10  8 elderly and low-income persons living in that county in
 10  9 relation to the total number of elderly and low-income persons
 10 10 living in the state.
 10 11    (3)  In order to receive allocations under this lettered
 10 12 paragraph, the local board of health having jurisdiction shall
 10 13 prepare a proposal for the use of the allocated funds
 10 14 available for that jurisdiction that will provide the maximum
 10 15 benefits of expanded public health nursing care to elderly and
 10 16 low-income persons in the jurisdiction.  After approval of the
 10 17 proposal by the department, the department shall enter into a
 10 18 contract with the local board of health.  The local board of
 10 19 health shall subcontract with a nonprofit nurses' association,
 10 20 an independent nonprofit agency, or a suitable local
 10 21 governmental body to use the allocated funds to provide public
 10 22 health nursing care.  Local boards of health shall make an
 10 23 effort to prevent duplication of services.
 10 24    (4)  If by July 30 of the fiscal year, the department is
 10 25 unable to conclude contracts for use of the allocated funds in
 10 26 a county, the department shall consider the unused funds
 10 27 appropriated under this lettered paragraph an unallocated
 10 28 pool.  If the unallocated pool is $50,000 or more it shall be
 10 29 reallocated to the counties in substantially the same manner
 10 30 as the original allocations.  The reallocated funds are
 10 31 available for use in those counties during the period
 10 32 beginning January 1 and ending June 30 of the fiscal year.  If
 10 33 the unallocated pool is less than $50,000, the department may
 10 34 allocate the pool to counties with demonstrated special needs
 10 35 for public health nursing.
 11  1    (5)  The department shall maintain rules governing the
 11  2 expenditure of funds appropriated in this lettered paragraph.
 11  3 The rules shall require each local agency receiving funds to
 11  4 establish and use a sliding fee scale for those persons able
 11  5 to pay for all or a portion of the cost of the care.
 11  6    (6)  The department shall annually evaluate the success of
 11  7 the public health nursing program.  The evaluation shall
 11  8 include the extent to which the program reduced or prevented
 11  9 inappropriate institutionalization, the extent to which the
 11 10 program increased the availability of public health nursing
 11 11 care to elderly and low-income persons, and the extent of
 11 12 public health nursing care provided to elderly and low-income
 11 13 persons.  The department shall submit a report of each annual
 11 14 evaluation to the governor and the general assembly.
 11 15    d.  For grants to county boards of supervisors for the home
 11 16 care aide program:  
 11 17 .................................................. $  8,586,716
 11 18    Funds appropriated in this lettered paragraph shall be used
 11 19 to provide home care aide services with emphasis on services
 11 20 to elderly and persons below the poverty level and children
 11 21 and adults in need of protective services with the objective
 11 22 of preventing or reducing inappropriate institutionalization.
 11 23 In addition, up to 15 percent of the funds appropriated in
 11 24 this lettered paragraph may be used to provide chore services.
 11 25 The funds shall not be used for any other purposes.  In
 11 26 providing services to elderly persons, the service provider
 11 27 shall coordinate efforts with the integrated case management
 11 28 for the frail elderly program of the department of elder
 11 29 affairs.  As used in this lettered paragraph:
 11 30    (1)  "Chore services" means services provided to
 11 31 individuals or families, who, due to incapacity, or illness,
 11 32 are unable to perform certain home maintenance functions.  The
 11 33 services include but are not limited to yard work such as
 11 34 mowing lawns, raking leaves, and shoveling walks; window and
 11 35 door maintenance such as hanging screen windows and doors,
 12  1 replacing windowpanes, and washing windows; and minor repairs
 12  2 to walls, floors, stairs, railings, and handles.  It also
 12  3 includes heavy house cleaning which includes cleaning attics
 12  4 or basements to remove fire hazards, moving heavy furniture,
 12  5 extensive wall washing, floor care or painting, and trash
 12  6 removal.
 12  7    (2)  "Elderly person" means a person who is 60 years of age
 12  8 or older.
 12  9    (3)  "Home care aide services" means services intended to
 12 10 enhance the capacity of household members to attain or
 12 11 maintain the independence of the household members and
 12 12 provided by trained and supervised workers to individuals or
 12 13 families, who, due to the absence, incapacity, or limitations
 12 14 of the usual homemaker, are experiencing stress or crisis.
 12 15 The services include but are not limited to essential
 12 16 shopping, housekeeping, meal preparation, child care, respite
 12 17 care, money management and consumer education, family
 12 18 management, personal services, transportation and providing
 12 19 information, assistance, and household management.
 12 20    (4)  "Low-income person" means a person whose income and
 12 21 resources are below the guidelines established by the
 12 22 department.
 12 23    (5)  "Protective services" means those home care aide
 12 24 services intended to stabilize a child's or an adult's
 12 25 residential environment and relationships with relatives,
 12 26 caretakers, and other persons or household members in order to
 12 27 alleviate a situation involving abuse or neglect or to
 12 28 otherwise protect the child or adult from a threat of abuse or
 12 29 neglect.
 12 30    The amount appropriated in this lettered paragraph shall be
 12 31 allocated for use in the counties of the state.  Fifteen
 12 32 percent of the amount shall be divided so that an equal amount
 12 33 is available for use in each county in the state.  The
 12 34 following percentages of the remaining amount shall be
 12 35 allocated to each county according to that county's proportion
 13  1 of residents with the following demographic characteristics:
 13  2 60 percent according to the number of elderly persons living
 13  3 in the county, 20 percent according to the number of persons
 13  4 below the poverty level living in the county, and 20 percent
 13  5 according to the number of substantiated cases of child abuse
 13  6 in the county during the three most recent fiscal years for
 13  7 which data is available.
 13  8    In order to receive allocations in this lettered paragraph,
 13  9 the county board of supervisors, after consultation with the
 13 10 local boards of health, human services county cluster boards,
 13 11 area agency on aging advisory council, local office of the
 13 12 department of human services, and other in-home health care
 13 13 provider agencies in the jurisdiction, shall prepare a
 13 14 proposal for the use of the allocated funds available for that
 13 15 jurisdiction that will provide the maximum benefits of home
 13 16 care aide services to elderly and low-income persons and
 13 17 children and adults in need of protective services in the
 13 18 jurisdiction.  An agency requesting service or financial
 13 19 information about a current subcontractor shall provide
 13 20 similar information concerning its own home care aide or chore
 13 21 services program to the current subcontractor.  The proposal
 13 22 may provide that a maximum of 15 percent of the allocated
 13 23 funds will be used to provide chore services.  The proposal
 13 24 shall include a statement assuring that children and adults in
 13 25 need of protective services are given priority for home care
 13 26 aide services and that the appropriate local agencies have
 13 27 participated in the planning for the proposal.  After approval
 13 28 of the proposal by the department, the department shall enter
 13 29 into a contract with the county board of supervisors or a
 13 30 governmental body designated by the county board of
 13 31 supervisors.  The county board of supervisors or its designee
 13 32 shall subcontract with a nonprofit nurses' association, an
 13 33 independent nonprofit agency, the department of human
 13 34 services, or a suitable local governmental body to use the
 13 35 allocated funds to provide home care aide services and chore
 14  1 services providing that the subcontract requires any service
 14  2 provided away from the home to be documented in a report
 14  3 available for review by the department, and that each home
 14  4 care aide subcontracting agency shall maintain the direct
 14  5 service workers' time assigned to direct client service at 70
 14  6 percent or more of the workers' paid time and that not more
 14  7 than 35 percent of the total cost of the service be included
 14  8 in the combined costs for service administration and agency
 14  9 administration.  The subcontract shall require that each home
 14 10 care aide subcontracting agency shall pay the employer's
 14 11 contribution of social security and provide workers'
 14 12 compensation coverage for persons providing direct home care
 14 13 aide service and meet any other applicable legal requirements
 14 14 of an employer-employee relationship.
 14 15    If by July 30 of the fiscal year, the department is unable
 14 16 to conclude contracts for use of the allocated funds in a
 14 17 county, the department shall consider the unused funds
 14 18 appropriated in this lettered paragraph an unallocated pool.
 14 19 The department shall also identify any allocated funds which
 14 20 the counties do not anticipate spending during the fiscal
 14 21 year.  If the amount of anticipated excess funds to any county
 14 22 is substantial, the department and the county may agree to
 14 23 return those excess funds, if the funds are other than program
 14 24 revenues, to the department, and if returned, the department
 14 25 shall consider the returned funds a part of the unallocated
 14 26 pool.  The department shall, prior to February 15 of the
 14 27 fiscal year, reallocate the funds in the unallocated pool
 14 28 among the counties in which the department has concluded
 14 29 contracts under this lettered paragraph.  The department shall
 14 30 also review the first 10 months' expenditures for each county
 14 31 in May of the fiscal year, to determine if any counties
 14 32 possess contracted funds which they do not anticipate
 14 33 spending.  If such funds are identified and the county agrees
 14 34 to release the funds, the released funds will be considered a
 14 35 new reallocation pool.  The department may, prior to June 1 of
 15  1 the fiscal year, reallocate funds from this new reallocation
 15  2 pool to those counties which have experienced a high
 15  3 utilization of protective service hours for children and
 15  4 dependent adults.
 15  5    The department shall maintain rules governing the
 15  6 expenditure of funds appropriated in this lettered paragraph.
 15  7 The rules shall require each local agency receiving funds to
 15  8 establish and use a sliding fee scale for those persons able
 15  9 to pay for all or a portion of the cost of the services and
 15 10 shall require the payments to be applied to the cost of the
 15 11 services.  The department shall also maintain rules for
 15 12 standards regarding training, supervision, recordkeeping,
 15 13 appeals, program evaluation, cost analysis, and financial
 15 14 audits, and rules specifying reporting requirements.
 15 15    The department shall annually evaluate the success of the
 15 16 home care aide program.  The evaluation shall include a
 15 17 description of the program and its implementation, the extent
 15 18 of local participation, the extent to which the program
 15 19 reduced or prevented inappropriate institutionalization, the
 15 20 extent to which the program provided or increased the
 15 21 availability of home care aide services to elderly and low-
 15 22 income persons and children and adults in need of protective
 15 23 services, any problems and recommendations concerning the
 15 24 program, and an analysis of the costs of services across the
 15 25 state.  The department shall submit a report of the annual
 15 26 evaluation to the governor and the general assembly.
 15 27    e.  For the development and maintenance of well-elderly
 15 28 clinics in the state:  
 15 29 .................................................. $    585,337
 15 30    The appropriation in this lettered paragraph shall be
 15 31 distributed by a formula to well-elderly clinics located in
 15 32 counties which provide funding on a matching basis for the
 15 33 well-elderly clinics.
 15 34    f.  For the physician care for children program:  
 15 35 .................................................. $    411,187
 16  1    The physician services shall be subject to managed care and
 16  2 selective contracting provisions and shall be used to provide
 16  3 for the medical treatment of children and shall include
 16  4 coverage of diagnostic procedures, prescription drugs, and
 16  5 physician-ordered treatments necessary to treat an acute
 16  6 condition.  Services provided under this lettered paragraph
 16  7 shall be reimbursed according to medical assistance
 16  8 reimbursement rates.
 16  9    g.  For primary and preventive health care for children:  
 16 10 .................................................. $     75,000
 16 11    Funds appropriated in this lettered paragraph shall be for
 16 12 the public purpose of providing a renewable grant, following a
 16 13 request for proposals, to a statewide charitable organization
 16 14 within the meaning of section 501(c)(3) of the Internal
 16 15 Revenue Code which was organized prior to April 1, 1989, and
 16 16 has as one of its purposes the sponsorship or support for
 16 17 programs designed to improve the quality, awareness, and
 16 18 availability of health care for the young, to serve as the
 16 19 funding mechanism for the provision of primary health care and
 16 20 preventive services to children in the state who are uninsured
 16 21 and who are not eligible under any public plan of health
 16 22 insurance, provided all of the following conditions are met:
 16 23    (1)  The organization shall provide a match of $4 in
 16 24 advance of each state dollar provided.
 16 25    (2)  The organization coordinates services with new or
 16 26 existing public programs and services provided by or funded by
 16 27 appropriate state agencies in an effort to avoid inappropriate
 16 28 duplication of services and ensure access to care to the
 16 29 extent as is reasonably possible.  The organization shall work
 16 30 with the Iowa department of public health, family and
 16 31 community health division, to ensure duplication is minimized.
 16 32    (3)  The organization's governing board includes in its
 16 33 membership representatives from the executive and legislative
 16 34 branches of state government.
 16 35    (4)  Grant funds are available as needed to provide
 17  1 services and shall not be used for administrative costs of the
 17  2 department or the grantee.
 17  3    h.  For the Iowa healthy family program under section
 17  4 135.106:  
 17  5 .................................................. $    665,000
 17  6    The moneys appropriated in this lettered paragraph shall be
 17  7 granted pursuant to 1992 Iowa Acts, Second Extraordinary
 17  8 Session, chapter 1001, section 415, except that the grants
 17  9 shall be extended through September 30, 1997.  Notwithstanding
 17 10 the provisions of 1992 Iowa Acts, Second Extraordinary
 17 11 Session, chapter 1001, section 416, the use of mid-level
 17 12 practitioners to improve access to prenatal care shall include
 17 13 obstetrical-gynecological nurse practitioners and family nurse
 17 14 practitioners focusing on maternal and child health.  The
 17 15 department is encouraged to expand funding eligibility under
 17 16 the program to private physician and clinic-sponsored programs
 17 17 servicing low-income populations.  The administrative entities
 17 18 of the Iowa healthy family program shall work collaboratively
 17 19 to assure continuity of the provision of services from the
 17 20 prenatal to the preschool period to an individual client by
 17 21 having a single resource mother work with that client.  The
 17 22 department shall submit an annual report to the general
 17 23 assembly concerning the efficiency of the healthy family
 17 24 program and make any recommendations for improvements.  Any
 17 25 funds contracted to agencies under this paragraph which are
 17 26 projected to be unused at the close of the fiscal year shall
 17 27 be allowed to be reallocated within the healthy family program
 17 28 by April 1, 1997.
 17 29    The Iowa department of public health and the department of
 17 30 human services shall determine if expenses under any portion
 17 31 of the healthy family program would qualify for payment under
 17 32 the medical assistance program and if so, shall apply to the
 17 33 federal government for a medical assistance waiver.  The Iowa
 17 34 department of public health and the department of human
 17 35 services shall evaluate the funding change's potential impact
 18  1 upon clients of the healthy family program.
 18  2    Of the funds appropriated in this lettered paragraph, a
 18  3 minimum of $335,000 shall be used for the healthy
 18  4 opportunities for parents to experience success program.  If
 18  5 funds are appropriated by the Seventy-sixth General Assembly,
 18  6 1996 Session, in excess of $335,000, the excess funds shall be
 18  7 used by the department to expand the program to counties of
 18  8 greatest need.
 18  9    i.  For primary care provider recruitment and retention
 18 10 endeavors:  
 18 11 .................................................. $    235,000
 18 12    5.  STATE BOARD OF DENTAL EXAMINERS
 18 13    For salaries, support, maintenance, miscellaneous purposes,
 18 14 and for not more than the following full-time equivalent
 18 15 positions:  
 18 16 .................................................. $    309,768
 18 17 ............................................... FTEs       4.00
 18 18    6.  STATE BOARD OF MEDICAL EXAMINERS
 18 19    For salaries, support, maintenance, miscellaneous purposes,
 18 20 and for not more than the following full-time equivalent
 18 21 positions:  
 18 22 .................................................. $  1,036,156
 18 23 ............................................... FTEs      18.00
 18 24    7.  STATE BOARD OF NURSING EXAMINERS
 18 25    For salaries, support, maintenance, miscellaneous purposes,
 18 26 and for not more than the following full-time equivalent
 18 27 positions:  
 18 28 .................................................. $    981,403
 18 29 ............................................... FTEs      18.00
 18 30    8.  STATE BOARD OF PHARMACY EXAMINERS
 18 31    For salaries, support, maintenance, miscellaneous purposes,
 18 32 and for not more than the following full-time equivalent
 18 33 positions:  
 18 34 .................................................. $    680,138
 18 35 ............................................... FTEs      11.00
 19  1    9.  The state board of medical examiners, the state board
 19  2 of pharmacy examiners, the state board of dental examiners,
 19  3 and the state board of nursing examiners shall prepare
 19  4 estimates of projected receipts to be generated by the
 19  5 licensing, certification, and examination fees of each board
 19  6 as well as a projection of the fairly apportioned
 19  7 administrative costs and rental expenses attributable to each
 19  8 board.  Each board shall annually review and adjust its
 19  9 schedule of fees so that, as nearly as possible, projected
 19 10 receipts equal projected costs.
 19 11    10.  The state board of medical examiners, the state board
 19 12 of pharmacy examiners, the state board of dental examiners,
 19 13 and the state board of nursing examiners shall retain their
 19 14 individual executive officers, but are strongly encouraged to
 19 15 share administrative, clerical, and investigative staffs to
 19 16 the greatest extent possible.
 19 17    11.  A local health care provider or nonprofit health care
 19 18 organization seeking grant moneys administered by the Iowa
 19 19 department of public health shall provide documentation that
 19 20 the provider or organization has coordinated its services with
 19 21 other local entities providing similar services.
 19 22    12.  Consolidation of state funding sources for public
 19 23 health nursing, home care aid, and the senior health program
 19 24 into a single contract for each county shall be available for
 19 25 implementation beginning July 1, 1996.  It is the department's
 19 26 goal to add federal funding for health promotion as federal
 19 27 funds become available.  The department shall implement
 19 28 statewide a single source contract on July 1, 1997, for each
 19 29 county.  The department may include other state and federal
 19 30 funding sources with the understanding that local, city, or
 19 31 county funds not be supplanted.
 19 32    Sec. 6.  DEPARTMENT OF HUMAN RIGHTS.  There is appropriated
 19 33 from the general fund of the state to the department of human
 19 34 rights for the fiscal year beginning July 1, 1996, and ending
 19 35 June 30, 1997, the following amounts, or so much thereof as is
 20  1 necessary, to be used for the purposes designated:
 20  2    1.  CENTRAL ADMINISTRATION DIVISION
 20  3    For salaries, support, maintenance, miscellaneous purposes,
 20  4 and for not more than the following full-time equivalent
 20  5 positions:  
 20  6 .................................................. $    186,522
 20  7 ............................................... FTEs       6.60
 20  8    2.  COMMUNITY ACTION AGENCIES DIVISION
 20  9    For the expenses of the community action agencies
 20 10 commission:  
 20 11 .................................................. $      3,366
 20 12    3.  DEAF SERVICES DIVISION
 20 13    For salaries, support, maintenance, miscellaneous purposes,
 20 14 and for not more than the following full-time equivalent
 20 15 positions:  
 20 16 .................................................. $    256,167
 20 17 ............................................... FTEs       7.00
 20 18    The fees collected by the division for provision of
 20 19 interpretation services by the division to obligated agencies
 20 20 shall be disbursed pursuant to the provisions of section 8.32,
 20 21 and shall be dedicated and used by the division for continued
 20 22 and expanded interpretation services.
 20 23    4.  PERSONS WITH DISABILITIES DIVISION
 20 24    For salaries, support, maintenance, miscellaneous purposes,
 20 25 and for not more than the following full-time equivalent
 20 26 positions:  
 20 27 .................................................. $     97,765
 20 28 ................................................FTEs       2.00
 20 29    5.  LATINO AFFAIRS DIVISION
 20 30    For salaries, support, maintenance, miscellaneous purposes,
 20 31 and for not more than the following full-time equivalent
 20 32 positions:  
 20 33 .................................................. $    142,442
 20 34 ............................................... FTEs       3.00
 20 35    6.  STATUS OF WOMEN DIVISION
 21  1    For salaries, support, maintenance, miscellaneous purposes,
 21  2 and for not more than the following full-time equivalent
 21  3 positions:  
 21  4 .................................................. $    323,879
 21  5 ............................................... FTEs       3.00
 21  6    a.  Of the funds appropriated in this subsection, at least
 21  7 $125,775 shall be spent for the displaced homemaker program.
 21  8    b.  Of the funds appropriated in this subsection, at least
 21  9 $42,570 shall be spent for domestic violence and sexual
 21 10 assault-related grants.
 21 11    c.  If the general assembly does not enact a statute
 21 12 establishing a workforce development department, then moneys
 21 13 appropriated in this subsection shall be spent as directed in
 21 14 law by the general assembly for the mentoring project for
 21 15 family investment program participants developed in accordance
 21 16 with section 239.22.
 21 17    7.  STATUS OF AFRICAN-AMERICANS DIVISION
 21 18    For salaries, support, maintenance, miscellaneous purposes,
 21 19 and for not more than the following full-time equivalent
 21 20 positions:  
 21 21 .................................................. $    105,390
 21 22 ............................................... FTEs       2.00
 21 23    8.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
 21 24    For salaries, support, maintenance, miscellaneous purposes,
 21 25 and for not more than the following full-time equivalent
 21 26 positions:  
 21 27 .................................................. $    478,235
 21 28 ............................................... FTEs      10.05
 21 29    a.  The criminal and juvenile justice planning advisory
 21 30 council and the juvenile justice advisory council shall
 21 31 coordinate their efforts in carrying out their respective
 21 32 duties relative to juvenile justice.
 21 33    b.  Of the funds appropriated in this subsection, at least
 21 34 $36,300 shall be spent for expenses relating to the
 21 35 administration of federal funds for juvenile assistance.  It
 22  1 is the intent of the general assembly that the department of
 22  2 human rights employ sufficient staff to meet the federal
 22  3 funding match requirements established by the federal office
 22  4 for juvenile justice delinquency prevention.  The governor's
 22  5 advisory council on juvenile justice shall determine the
 22  6 staffing level necessary to carry out federal and state
 22  7 mandates for juvenile justice.
 22  8    9.  COMMUNITY GRANT FUND
 22  9    For the community grant fund established under section
 22 10 232.190 for new grants and the continuation of existing grants
 22 11 for the fiscal year beginning July 1, 1996, and ending June
 22 12 30, 1997, to be used for the purposes of the community grant
 22 13 fund and for not more than the following full-time equivalent
 22 14 positions:  
 22 15 .................................................. $  1,800,000
 22 16 ............................................... FTEs       1.43
 22 17    10.  SHARED STAFF.  Except for the persons with
 22 18 disabilities division which shall be administered by the
 22 19 director of the department of human rights, the divisions of
 22 20 the department of human rights shall retain their individual
 22 21 administrators, but shall share staff to the greatest extent
 22 22 possible.
 22 23    Sec. 7.  COMMISSION OF VETERANS AFFAIRS.  There is
 22 24 appropriated from the general fund of the state to the
 22 25 commission of veterans affairs for the fiscal year beginning
 22 26 July 1, 1996, and ending June 30, 1997, the following amounts,
 22 27 or so much thereof as is necessary, to be used for the
 22 28 purposes designated:
 22 29    1.  COMMISSION OF VETERANS AFFAIRS ADMINISTRATION
 22 30    For salaries, support, maintenance, and miscellaneous
 22 31 purposes, and for not more than the following full-time
 22 32 equivalent positions:  
 22 33 .................................................. $    289,510
 22 34 ............................................... FTEs       5.00
 22 35    The commission of veterans affairs may use the gifts
 23  1 accepted by the chairperson of the commission of veterans
 23  2 affairs, or designee, and other resources available to the
 23  3 commission for use at its Camp Dodge office.  The commission
 23  4 shall report annually to the governor and the general assembly
 23  5 on monetary gifts received by the commission for the Camp
 23  6 Dodge office.
 23  7    2.  WAR ORPHANS
 23  8    For the war orphans educational aid fund established
 23  9 pursuant to chapter 35:  
 23 10 .................................................. $      4,800
 23 11    3.  IOWA VETERANS HOME
 23 12    For salaries, support, maintenance, and miscellaneous
 23 13 purposes and for not more than the following full-time
 23 14 equivalent positions:  
 23 15 .................................................. $  38,900,388
 23 16 ............................................... FTEs      800.82
 23 17    a.  The Iowa veterans home may use the gifts accepted by
 23 18 the chairperson of the commission of veterans affairs and
 23 19 other resources available to the commission for use at the
 23 20 Iowa veterans home.
 23 21    b.  If medical assistance revenues are expanded at the Iowa
 23 22 veterans home, and this expansion results in medical
 23 23 assistance reimbursements which exceed the amount budgeted for
 23 24 that purpose in the fiscal year beginning July 1, 1996, and
 23 25 ending June 30, 1997, the Iowa veterans home may expend the
 23 26 excess amounts to exceed the number of full-time equivalent
 23 27 positions authorized in this section for the purpose of
 23 28 meeting related certification requirements or to provide
 23 29 additional beds.  The expenditure of additional funds
 23 30 received, as outlined in this paragraph, is subject to the
 23 31 approval by the department of management.
 23 32    Sec. 8.  DIRECT PURCHASE INCENTIVE.
 23 33    1.  If a department is able to demonstrate a 10 percent
 23 34 savings resulting from a direct purchase of equipment which is
 23 35 otherwise required to be purchased pursuant to a state
 24  1 contract, the department, after consultation with the
 24  2 department of general services, is authorized to make the
 24  3 direct purchase, notwithstanding section 18.6.  To provide an
 24  4 incentive to encourage departments to consider direct
 24  5 purchasing, 50 percent of the savings realized from the direct
 24  6 purchase may be retained by a department, and the remaining 50
 24  7 percent shall be deposited into the general fund of the state.
 24  8 The department of management shall monitor the savings for a
 24  9 one-year period beginning on July 1, 1996, and submit a report
 24 10 at the conclusion of the one-year period to the health and
 24 11 human rights appropriations subcommittee.
 24 12    2.  The provisions of this section shall apply to purchases
 24 13 made with moneys appropriated in sections 1 through 7 of this
 24 14 Act.
 24 15    Sec. 9.  Section 22.7, Code Supplement 1995, is amended by
 24 16 adding the following new subsection:
 24 17    NEW SUBSECTION.  33.  Records of the Iowa department of
 24 18 public health pertaining to participants in the gamblers
 24 19 treatment program except as otherwise provided in this
 24 20 chapter.
 24 21    Sec. 10.  Section 99D.7, subsection 21, Code Supplement
 24 22 1995, is amended to read as follows:
 24 23    21.  To cooperate with the gamblers assistance treatment
 24 24 program administered by the department of human services Iowa
 24 25 department of public health to incorporate information
 24 26 regarding the gamblers assistance treatment program and its
 24 27 toll-free telephone number in printed materials distributed by
 24 28 the commission.  The commission may require licensees to have
 24 29 the information available in a conspicuous place as a
 24 30 condition of licensure.
 24 31    Sec. 11.  Section 99E.9, subsection 8, Code Supplement
 24 32 1995, is amended to read as follows:
 24 33    8.  The Iowa lottery board shall cooperate with the
 24 34 gamblers assistance treatment program administered by the
 24 35 department of human services Iowa department of public health
 25  1 to incorporate information regarding the gamblers assistance
 25  2 treatment program and its toll-free telephone number in
 25  3 printed materials distributed by the board.
 25  4    Sec. 12.  Section 135.1, subsection 4, Code Supplement
 25  5 1995, is amended to read as follows:
 25  6    4.  "Physician" means a person licensed to practice
 25  7 medicine and surgery, osteopathic medicine and surgery,
 25  8 osteopathy, chiropractic, or podiatry, or optometry under the
 25  9 laws of this state; but a person licensed as a physician and
 25 10 surgeon shall be designated as a "physician" or "surgeon", a
 25 11 person licensed as an osteopathic physician and surgeon shall
 25 12 be designated as an "osteopathic physician" or "osteopathic
 25 13 surgeon", a person licensed as an osteopath shall be
 25 14 designated as an "osteopathic physician", a person licensed as
 25 15 a chiropractor shall be designated as a "chiropractor", and a
 25 16 person licensed as a podiatrist shall be designated as a
 25 17 "podiatric physician", and a person licensed as an optometrist
 25 18 shall be designated as an "optometrist".
 25 19    Sec. 13.  Section 232.190, subsection 1, Code 1995, is
 25 20 amended to read as follows:
 25 21    1.  A community grant fund is established in the state
 25 22 treasury under the control of the division of criminal and
 25 23 juvenile justice planning of the department of human rights
 25 24 for the purposes of awarding grants under this section.  The
 25 25 criminal and juvenile justice planning advisory council and
 25 26 the juvenile justice advisory council shall assist the
 25 27 division in administering grants awarded under this section.
 25 28 The department of human services shall advise the division on
 25 29 programs which meet the criteria established for grant
 25 30 recipients.  Not more than one five percent of the moneys
 25 31 appropriated to the fund shall be used for administrative
 25 32 purposes.
 25 33    Sec. 14.  INTERPRETIVE SERVICES STUDY.  The legislative
 25 34 council is requested to establish an interim committee to
 25 35 evaluate the access to and quality of interpretive services
 26  1 provided for the deaf and hard-of-hearing population.  
 26  2                           EXPLANATION
 26  3    This bill makes appropriations to the department for the
 26  4 blind, the Iowa state civil rights commission, the department
 26  5 of elder affairs, the governor's alliance on substance abuse,
 26  6 the Iowa department of public health, the department of human
 26  7 rights, and the commission of veterans affairs.
 26  8    The bill provides for a direct purchase incentive for the
 26  9 departments receiving an appropriation in the bill which are
 26 10 able to demonstrate a 10 percent savings by a direct purchase
 26 11 of equipment, as opposed to by state contract.  The bill also
 26 12 provides for administration of the gamblers treatment program
 26 13 through the Iowa department of public health, instead of the
 26 14 department of human services.  The bill additionally adds the
 26 15 terms "optometry" and "optometrist" to the definitions used in
 26 16 section 135.1.  Further, section 232.190 is amended to permit
 26 17 up to 5 percent of moneys in the community grant fund to be
 26 18 used for administrative costs instead of the current 1
 26 19 percent.
 26 20    The bill requests the legislative council to establish an
 26 21 interim committee to evaluate the access to and quality of
 26 22 interpretive services provided for the deaf and hard-of-
 26 23 hearing population.  
 26 24 LSB 3497SA 76
 26 25 rn/sc/14.4
     

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