Text: HF00709 Text: HF00711 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 710
1 2
1 3 AN ACT
1 4 RELATING TO AND MAKING APPROPRIATIONS TO THE DEPARTMENT
1 5 FOR THE BLIND, THE IOWA STATE CIVIL RIGHTS COMMISSION,
1 6 THE DEPARTMENT OF ELDER AFFAIRS, THE IOWA DEPARTMENT OF
1 7 PUBLIC HEALTH, THE DEPARTMENT OF HUMAN RIGHTS, THE
1 8 GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE, AND THE COMMISSION
1 9 OF VETERANS AFFAIRS, AND PROVIDING AN EFFECTIVE DATE.
1 10
1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 12
1 13 Section 1. DEPARTMENT FOR THE BLIND. There is
1 14 appropriated from the general fund of the state to the
1 15 department for the blind for the fiscal year beginning July 1,
1 16 1997, and ending June 30, 1998, the following amount, or so
1 17 much thereof as is necessary, to be used for the purposes
1 18 designated:
1 19 For salaries, support, maintenance, miscellaneous purposes,
1 20 and for not more than the following full-time equivalent
1 21 positions:
1 22 .................................................. $ 1,499,238
1 23 ............................................... FTEs 95.00
1 24 Sec. 2. CIVIL RIGHTS COMMISSION. There is appropriated
1 25 from the general fund of the state to the Iowa state civil
1 26 rights commission for the fiscal year beginning July 1, 1997,
1 27 and ending June 30, 1998, the following amount, or so much
1 28 thereof as is necessary, to be used for the purposes
1 29 designated:
1 30 For salaries, support, maintenance, miscellaneous purposes,
1 31 and for not more than the following full-time equivalent
1 32 positions:
1 33 .................................................. $ 1,110,372
1 34 ............................................... FTEs 35.00
1 35 If the anticipated amount of federal funding from the
2 1 federal equal employment opportunity commission and the
2 2 federal department of housing and urban development exceeds
2 3 $625,000 during the fiscal year beginning July 1, 1997, the
2 4 Iowa state civil rights commission may exceed their authorized
2 5 staffing level to hire additional staff to process or to
2 6 support the processing of employment and housing complaints
2 7 during that fiscal year.
2 8 Sec. 3. DEPARTMENT OF ELDER AFFAIRS. There is
2 9 appropriated from the general fund of the state to the
2 10 department of elder affairs for the fiscal year beginning July
2 11 1, 1997, and ending June 30, 1998, the following amounts, or
2 12 so much thereof as is necessary, to be used for the purposes
2 13 designated:
2 14 1. For salaries, support, maintenance, miscellaneous
2 15 purposes, and for not more than the following full-time
2 16 equivalent positions:
2 17 .................................................. $ 512,362
2 18 ............................................... FTEs 28.00
2 19 2. For aging programs and services:
2 20 .................................................. $ 3,657,598
2 21 All funds appropriated in this subsection shall be received
2 22 and disbursed by the director of elder affairs for aging
2 23 programs and services. These funds shall not be used by the
2 24 department for administrative purposes, and not more than
2 25 $151,654 shall be used for area agencies on aging
2 26 administrative purposes, and shall be used for citizens of
2 27 Iowa over 60 years of age for case management for the frail
2 28 elderly, mental health outreach, Alzheimer's support, retired
2 29 senior volunteer program, care review committee coordination,
2 30 employment, adult day care, respite care, chore services,
2 31 telephone reassurance, information and assistance, and home
2 32 repair services, including the winterizing of homes, and for
2 33 the construction of entrance ramps which make residences
2 34 accessible to the physically handicapped. It is the intent of
2 35 the general assembly that the Iowa chapters of the Alzheimer's
3 1 association and the case management program for frail elders
3 2 shall collaborate and cooperate fully to assist families in
3 3 maintaining family members with Alzheimer's disease in the
3 4 community for the longest period of time possible. Funds
3 5 appropriated in this subsection may be used to supplement
3 6 federal funds under federal regulations. To receive funds
3 7 appropriated in this subsection, a local area agency on aging
3 8 shall match the funds with funds from other sources according
3 9 to rules adopted by the department. Funds appropriated in
3 10 this subsection may be used for elderly services not
3 11 specifically enumerated in this subsection only if approved by
3 12 an area agency on aging for provision of the service within
3 13 the area.
3 14 3. The department shall maintain policies and procedures
3 15 regarding Alzheimer's support and the retired senior volunteer
3 16 program.
3 17 Sec. 4. GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE. There is
3 18 appropriated from the general fund of the state to the
3 19 governor's alliance on substance abuse for the fiscal year
3 20 beginning July 1, 1997, and ending June 30, 1998, the
3 21 following amounts, or so much thereof as is necessary, to be
3 22 used for the purposes designated:
3 23 1. For salaries, support, maintenance, miscellaneous
3 24 purposes, and for not more than the following full-time
3 25 equivalent positions:
3 26 .................................................. $ 379,443
3 27 ............................................... FTEs 10.00
3 28 2. For the Iowa substance abuse clearinghouse in Cedar
3 29 Rapids for staff, materials, and operating expenses:
3 30 .................................................. $ 32,894
3 31 Sec. 5. DEPARTMENT OF PUBLIC HEALTH. There is
3 32 appropriated from the general fund of the state to the Iowa
3 33 department of public health for the fiscal year beginning July
3 34 1, 1997, and ending June 30, 1998, the following amounts, or
3 35 so much thereof as is necessary, to be used for the purposes
4 1 designated:
4 2 1. a. PLANNING AND ADMINISTRATION DIVISION
4 3 For salaries, support, maintenance, miscellaneous purposes,
4 4 and for not more than the following full-time equivalent
4 5 positions:
4 6 .................................................. $ 1,878,409
4 7 ............................................... FTEs 64.40
4 8 (1) Of the funds appropriated in this lettered paragraph,
4 9 $738,185 shall be used for the chronic renal disease program.
4 10 The types of assistance available to eligible recipients under
4 11 the program may include insurance premiums, travel
4 12 reimbursement, and prescription and nonprescription drugs.
4 13 The program expenditures shall not exceed this allocation. If
4 14 projected expenditures will exceed the allocation, the
4 15 department shall establish by administrative rule a mechanism
4 16 to reduce financial assistance under the renal disease program
4 17 in order to keep expenditures within the amounts allocated.
4 18 (2) Hospitals shall not collect fees for birth
4 19 certificates in excess of the amounts as set out in the
4 20 administrative rules of the Iowa department of public health.
4 21 (3) Of the funds appropriated in this lettered paragraph,
4 22 $118,055 shall be used to provide regulatory oversight of
4 23 accountable health plans.
4 24 (4) Of the funds appropriated in this lettered paragraph,
4 25 $46,658 shall be used for the purchase, verification,
4 26 updating, and storage of health data information.
4 27 (5) The department shall compile, correlate, and
4 28 disseminate data from health care providers, the state medical
4 29 assistance program, third-party payors, associations, and
4 30 other appropriate sources in furtherance of the purpose and
4 31 intent of this appropriation.
4 32 (6) The department shall request and receive information
4 33 from other state agencies similar to that required of third-
4 34 party payors for the purpose of dissemination of health data.
4 35 The department may enter into agreements for studies on
5 1 health-related questions and provide or make data available to
5 2 health care providers, health care subscribers, third-party
5 3 payors, and the general public. The department may purchase
5 4 data for the purpose of dissemination of health data
5 5 information. The department shall assure the confidentiality
5 6 of the data collected from other state agencies, hospitals,
5 7 and third-party payors under chapter 22. The compilation of
5 8 data information prepared for release or dissemination from
5 9 the data collected shall be a public record. The department
5 10 shall adopt administrative rules to address a contracting
5 11 process, define confidential information, set fees to be
5 12 charged for data, and prescribe the forms upon which the
5 13 information is to be made available.
5 14 b. PROFESSIONAL LICENSURE
5 15 For salaries, support, maintenance, miscellaneous purposes,
5 16 and for not more than the following full-time equivalent
5 17 positions:
5 18 .................................................. $ 1,007,538
5 19 ............................................... FTEs 15.00
5 20 The director of public health, when estimating expenditure
5 21 requirements for the boards funded under this paragraph, shall
5 22 base the budget on 85 percent of the average annual fees
5 23 generated for the previous two fiscal years. The department
5 24 shall confer with the boards funded under this paragraph in
5 25 estimating the boards' annual fee generation and
5 26 administrative costs. When the department develops each
5 27 board's annual budget, a board's budget shall not exceed 85
5 28 percent of fees collected, based on the average of the
5 29 previous two fiscal years. The department may expend funds in
5 30 addition to amounts budgeted, if those additional expenditures
5 31 are directly the result of a scope of practice review
5 32 committee or unanticipated litigation costs arising from the
5 33 discharge of the board's regulatory duties. Before the
5 34 department expends or encumbers funds for a scope of practice
5 35 review committee or an amount in excess of the funds budgeted
6 1 for a board, the director of the department of management
6 2 shall approve the expenditure or encumbrance. The amounts
6 3 necessary to fund the unanticipated litigation in the fiscal
6 4 year beginning July 1, 1997, shall not exceed 5 percent of the
6 5 average annual fees generated by the boards for the previous
6 6 two fiscal years.
6 7 c. EMERGENCY MEDICAL SYSTEMS
6 8 For salaries, support, maintenance, and emergency medical
6 9 services training of emergency medical services (EMS)
6 10 personnel at the state, county, and local levels, and for not
6 11 more than the following full-time equivalent positions:
6 12 .................................................. $ 1,030,954
6 13 ............................................... FTEs 13.00
6 14 If a person in the course of responding to an emergency
6 15 renders aid to an injured person and becomes exposed to bodily
6 16 fluids of the injured person, that emergency responder shall
6 17 be entitled to hepatitis testing and immunization in
6 18 accordance with the latest available medical technology to
6 19 determine if infection with hepatitis has occurred. The
6 20 person shall be entitled to reimbursement from the EMS funds
6 21 available under this lettered paragraph only if the
6 22 reimbursement is not available through any employer or third-
6 23 party payor.
6 24 2. HEALTH PROTECTION DIVISION
6 25 a. For salaries, support, maintenance, miscellaneous
6 26 purposes, and for not more than the following full-time
6 27 equivalent positions:
6 28 .................................................. $ 2,198,030
6 29 ............................................... FTEs 75.00
6 30 b. Of the funds appropriated in this subsection, $75,000
6 31 shall be used for chlamydia testing.
6 32 c. Of the funds appropriated in this subsection, $39,547
6 33 shall be used for the lead abatement program.
6 34 d. The state university of Iowa hospitals and clinics
6 35 shall not receive indirect costs from the funds appropriated
7 1 in this subsection.
7 2 3. SUBSTANCE ABUSE AND HEALTH PROMOTION DIVISION
7 3 a. For salaries, support, maintenance, miscellaneous
7 4 purposes, and for not more than the following full-time
7 5 equivalent positions:
7 6 .................................................. $ 656,216
7 7 ............................................... FTEs 39.60
7 8 (1) The division shall continue to coordinate with
7 9 substance abuse treatment and prevention providers regardless
7 10 of funding source to assure the delivery of substance abuse
7 11 treatment and prevention programs.
7 12 (2) The commission on substance abuse, in conjunction with
7 13 the division, shall continue to coordinate the delivery of
7 14 substance abuse services involving prevention, social and
7 15 medical detoxification, and other treatment by medical and
7 16 nonmedical providers to uninsured and court-ordered substance
7 17 abuse patients in all counties of the state.
7 18 b. Of the funds appropriated in this subsection, $15,000
7 19 is allocated to support the surveillance and reporting of
7 20 disabilities suffered by persons engaged in agriculture
7 21 resulting from diseases or injuries, including identifying the
7 22 amount and severity of agriculture-related injuries and
7 23 diseases in the state, identifying causal factors associated
7 24 with agriculture-related injuries and diseases, and evaluating
7 25 the effectiveness of intervention programs designed to reduce
7 26 injuries and diseases. The department shall cooperate with
7 27 the department of agriculture and land stewardship, Iowa state
7 28 university of science and technology, and the college of
7 29 medicine at the state university of Iowa in accomplishing
7 30 these duties.
7 31 c. For program grants:
7 32 .................................................. $ 8,390,159
7 33 (1) Of the funds appropriated in this lettered paragraph,
7 34 $193,500 shall be used for the provision of aftercare services
7 35 for persons completing substance abuse treatment.
8 1 (2) Of the funds appropriated in this lettered paragraph,
8 2 $950,000 shall be used by the Iowa department of public health
8 3 to continue the integrated substance abuse managed care
8 4 system.
8 5 4. FAMILY AND COMMUNITY HEALTH DIVISION
8 6 a. For salaries, support, maintenance, miscellaneous
8 7 purposes, and for not more than the following full-time
8 8 equivalent positions:
8 9 .................................................. $ 3,466,136
8 10 ............................................... FTEs 72.00
8 11 (1) Of the funds appropriated in this lettered paragraph,
8 12 at least $587,865 shall be allocated by the division for the
8 13 birth defects and genetics counseling program and of these
8 14 funds, $279,402 is allocated for regional genetic counseling
8 15 services contracted from the state university of Iowa
8 16 hospitals and clinics under the control of the state board of
8 17 regents.
8 18 (2) Of the funds appropriated in this lettered paragraph,
8 19 the following amounts shall be allocated to the state
8 20 university of Iowa hospitals and clinics under the control of
8 21 the state board of regents for the following programs under
8 22 the Iowa specialized child health care services:
8 23 (a) Mobile and regional child health specialty clinics:
8 24 .................................................. $ 392,931
8 25 The regional clinic located in Sioux City shall maintain a
8 26 social worker component to assist the families of children
8 27 participating in the clinic program.
8 28 Of the funds allocated in this subparagraph subdivision,
8 29 $97,937 shall be used for a specialized medical home care
8 30 program providing care planning and coordination of community
8 31 support services for children who require technical medical
8 32 care in the home.
8 33 (b) Muscular dystrophy and related genetic disease
8 34 programs:
8 35 .................................................. $ 115,613
9 1 (c) Statewide perinatal program:
9 2 .................................................. $ 61,693
9 3 (3) The birth defects and genetic counseling service shall
9 4 apply a sliding fee scale to determine the amount a person
9 5 receiving the services is required to pay for the services.
9 6 These fees shall be considered repayment receipts and used for
9 7 the program.
9 8 (4) The state university of Iowa hospitals and clinics
9 9 shall not receive indirect costs from the funds allocated in
9 10 this lettered paragraph.
9 11 (5) Of the funds appropriated in this lettered paragraph,
9 12 $1,105,461 shall be used for maternal and child health
9 13 services.
9 14 (6) If during the fiscal year, the federal government
9 15 incorporates the special supplemental nutrition program for
9 16 women, infants, and children into a block grant, the
9 17 department of human services, Iowa department of public
9 18 health, or any other state agency which administers the block
9 19 grant shall require a competitive bid process for infant
9 20 formula purchased by or for families under the block grant.
9 21 (7) The Iowa department of public health shall administer
9 22 the statewide maternal and child health program, conduct
9 23 mobile and regional child health specialty clinics, and
9 24 conduct other activities to improve the health of low-income
9 25 women and children and to promote the welfare of children with
9 26 actual or potential handicapping conditions and chronic
9 27 illnesses in accordance with the requirements of Title V of
9 28 the federal Social Security Act.
9 29 (8) The department shall continue efforts to realize the
9 30 "Healthy Iowans 2000" goal of promoting prevention and health
9 31 promotion to improve the qualify of life of Iowans and to hold
9 32 down health care costs.
9 33 (9) Of the funds appropriated in this lettered paragraph,
9 34 $165,391 shall be allocated for the office of rural health to
9 35 provide technical assistance to rural areas in the area of
10 1 health care delivery.
10 2 (10) Of the funds appropriated in this lettered paragraph,
10 3 $182,028 shall be used to develop, implement, and maintain
10 4 rural health provider recruitment and retention efforts.
10 5 b. Sudden infant death syndrome autopsies:
10 6 For reimbursing counties for expenses resulting from
10 7 autopsies of suspected victims of sudden infant death syndrome
10 8 required under section 331.802, subsection 3, paragraph "j":
10 9 .................................................. $ 9,675
10 10 c. For grants to the counties for public health nursing,
10 11 home care aide/chore, and senior health programs:
10 12 .................................................. $ 11,683,924
10 13 The local board of health and local board of supervisors
10 14 shall jointly determine which one shall be a contractor for
10 15 these funds in a single contract beginning July 1, 1997. For
10 16 those counties participating in a multi-county project, each
10 17 local board of health and local board of supervisors of
10 18 participating counties shall jointly agree upon the county
10 19 that will serve as the contractor with the department. The
10 20 funds appropriated in this lettered paragraph shall be
10 21 allocated as follows:
10 22 (1) For the public health nursing program:
10 23 .................................................. $ 2,511,871
10 24 (a) Funds allocated in this subparagraph for the public
10 25 health nursing program shall be used to maintain and expand
10 26 the existing public health nursing program for elderly and
10 27 low-income persons with the objective of preventing or
10 28 reducing inappropriate institutionalization. The funds shall
10 29 not be used for any other purpose. As used in this
10 30 subparagraph, "elderly person" means a person who is 60 years
10 31 of age or older and "low-income person" means a person whose
10 32 income and resources are below the guidelines established by
10 33 the department.
10 34 (b) One-fourth of the total amount to be allocated shall
10 35 be divided so that an equal amount is available for use in
11 1 each county in the state. Three-fourths of the total amount
11 2 to be allocated shall be divided so that the share available
11 3 for use in each county is proportionate to the number of
11 4 elderly and low-income persons living in that county in
11 5 relation to the total number of elderly and low-income persons
11 6 living in the state.
11 7 (c) In order to receive allocations under this
11 8 subparagraph, the local boards of health and board of
11 9 supervisors having jurisdiction shall jointly prepare a
11 10 proposal for the use of the allocated funds available for that
11 11 jurisdiction that will provide the maximum benefits of
11 12 expanded public health nursing care to elderly and low-income
11 13 persons in the jurisdiction. After approval of the proposal
11 14 by the department, the department shall enter into a contract
11 15 with the local board of health or board of supervisors. The
11 16 contractor shall subcontract with a nonprofit nurses'
11 17 association, an independent nonprofit agency, or a suitable
11 18 local governmental body to use the allocated funds to provide
11 19 public health nursing care. The contractor shall make an
11 20 effort to prevent duplication of services.
11 21 (d) If by July 30, 1997, the department is unable to
11 22 conclude contracts for use of the allocated funds in a county,
11 23 the department shall consider the unused funds allocated under
11 24 this subparagraph an unallocated pool. If the unallocated
11 25 pool is $50,000 or more, it shall be reallocated to the
11 26 counties in substantially the same manner as the original
11 27 allocations. The reallocated funds are available for use in
11 28 those counties during the period beginning January 1 and
11 29 ending June 30 of the fiscal year. If the unallocated pool is
11 30 less than $50,000 for the fiscal year, the department may
11 31 allocate the moneys to counties with demonstrated special
11 32 needs for public health nursing.
11 33 (e) The department shall adopt rules governing the
11 34 expenditure of funds allocated by this subparagraph. The
11 35 rules shall require each local agency receiving funds to
12 1 establish and use a sliding fee scale for those persons able
12 2 to pay for all or a portion of the cost of the care.
12 3 (f) The department shall evaluate the success of the
12 4 public health nursing program. The evaluation shall include
12 5 the extent to which the program reduced or prevented
12 6 inappropriate institutionalization, the extent to which the
12 7 program increased the availability of public health nursing
12 8 care to elderly and low-income persons, and the extent of
12 9 public health nursing care provided to elderly and low-income
12 10 persons.
12 11 (2) For the home care aide/chore program:
12 12 .................................................. $ 8,586,716
12 13 Funds allocated in this subparagraph for the home care
12 14 aide/chore program shall be used to provide home care aide
12 15 services with emphasis on services to elderly and persons
12 16 below the poverty level and children and adults in need of
12 17 protective services with the objective of preventing or
12 18 reducing inappropriate institutionalization. In addition for
12 19 each fiscal year, up to 15 percent of the funds allocated in
12 20 this subparagraph may be used to provide chore services. The
12 21 funds shall not be used for any other purposes. In providing
12 22 services to elderly persons, the service provider shall
12 23 coordinate efforts with the integrated case management for the
12 24 frail elderly program of the department of elder affairs. As
12 25 used in this lettered paragraph:
12 26 (a) "Chore services" means services provided to
12 27 individuals or families, who, due to incapacity, or illness,
12 28 are unable to perform certain home maintenance functions. The
12 29 services include but are not limited to yard work such as
12 30 mowing lawns, raking leaves, and shoveling walks; window and
12 31 door maintenance such as hanging screen windows and doors,
12 32 replacing windowpanes, and washing windows; and minor repairs
12 33 to walls, floors, stairs, railings, and handles. It also
12 34 includes heavy house cleaning which includes cleaning attics
12 35 or basements to remove fire hazards, moving heavy furniture,
13 1 extensive wall washing, floor care or painting, and trash
13 2 removal.
13 3 (b) "Elderly person" means a person who is 60 years of age
13 4 or older.
13 5 (c) "Home care aide services" means services intended to
13 6 enhance the capacity of household members to attain or
13 7 maintain the independence of the household members and
13 8 provided by trained and supervised workers to individuals or
13 9 families, who, due to the absence, incapacity, or limitations
13 10 of the usual homemaker, are experiencing stress or crisis.
13 11 The services include but are not limited to essential
13 12 shopping, housekeeping, meal preparation, child care, respite
13 13 care, money management and consumer education, family
13 14 management, personal services, transportation and providing
13 15 information, assistance, and household management.
13 16 (d) "Low-income person" means a person whose income and
13 17 resources are below the guidelines established by the
13 18 department.
13 19 (e) "Protective services" means those home care aide
13 20 services intended to stabilize a child's or an adult's
13 21 residential environment and relationships with relatives,
13 22 caretakers, and other persons or household members in order to
13 23 alleviate a situation involving abuse or neglect or to
13 24 otherwise protect the child or adult from a threat of abuse or
13 25 neglect.
13 26 The amount allocated in this subparagraph shall be
13 27 allocated for use in the counties of the state. Fifteen
13 28 percent of the amount shall be divided so that an equal amount
13 29 is available for use in each county in the state. The
13 30 following percentages of the remaining amount shall be
13 31 allocated to each county according to that county's proportion
13 32 of residents with the following demographic characteristics:
13 33 60 percent according to the number of elderly persons living
13 34 in the county, 20 percent according to the number of persons
13 35 below the poverty level living in the county, and 20 percent
14 1 according to the number of substantiated cases of child abuse
14 2 in the county during the three most recent fiscal years for
14 3 which data is available.
14 4 In order to receive allocations in this subparagraph, the
14 5 county board of supervisors and local boards of health, after
14 6 consultation with the human services county cluster boards,
14 7 area agency on aging advisory council, local office of the
14 8 department of human services, and other in-home health care
14 9 provider agencies in the jurisdiction, shall jointly prepare a
14 10 proposal for the use of the allocated funds available for that
14 11 jurisdiction that will provide the maximum benefits of home
14 12 care aide services to elderly and low-income persons and
14 13 children and adults in need of protective services in the
14 14 jurisdiction. An agency requesting service or financial
14 15 information about a current subcontractor shall provide
14 16 similar information concerning the agency's own home care aide
14 17 or chore services program to the current subcontractor. The
14 18 proposal may provide that a maximum of 15 percent of the
14 19 allocated funds will be used to provide chore services. The
14 20 proposal shall include a statement assuring that children and
14 21 adults in need of protective services are given priority for
14 22 home care aide services and that the appropriate local
14 23 agencies have participated in the planning for the proposal.
14 24 After approval of the proposal by the department, the
14 25 department shall enter into a contract with the county board
14 26 of supervisors or local board of health, as decided locally.
14 27 The contractor shall contract with a nonprofit nurses'
14 28 association, an independent nonprofit agency, the department
14 29 of human services, or a suitable local governmental body to
14 30 use the allocated funds to provide home care aide services and
14 31 chore services providing that the subcontract requires any
14 32 service provided away from the home to be documented in a
14 33 report available for review by the department, and that each
14 34 home care aide subcontracting agency shall maintain the direct
14 35 service workers' time assigned to direct client service at 70
15 1 percent or more of the workers' paid time and that not more
15 2 than 35 percent of the total cost of the service be included
15 3 in the combined costs for service administration and agency
15 4 administration. The subcontract shall require that each home
15 5 care aide subcontracting agency shall pay the employer's
15 6 contribution of social security and provide workers'
15 7 compensation coverage for persons providing direct home care
15 8 aide service and meet any other applicable legal requirements
15 9 of an employer-employee relationship.
15 10 If by July 30, 1997, the department is unable to conclude
15 11 contracts for use of the allocated funds in a county, the
15 12 department shall consider the unused funds allocated under
15 13 this subparagraph an unallocated pool. The department shall
15 14 also identify any allocated funds which the counties do not
15 15 anticipate spending during the fiscal year. If the
15 16 anticipated excess funds available to any county are
15 17 substantial, the department and the county may agree to return
15 18 those excess funds, if the funds are other than program
15 19 revenues, to the department, and if returned, the department
15 20 shall consider the returned funds a part of the unallocated
15 21 pool. The department shall, prior to February 15, 1998,
15 22 reallocate the funds in the unallocated pool among the
15 23 counties in which the department has concluded contracts under
15 24 this subparagraph. The department shall also review the first
15 25 10 months' expenditures for each county in May of the fiscal
15 26 year, to determine if any counties possess contracted funds
15 27 which they do not anticipate spending. If such funds are
15 28 identified and the county agrees to release the funds, the
15 29 released funds will be considered a new reallocation pool.
15 30 The department may, prior to June 1, 1998, reallocate funds
15 31 from this new reallocation pool to those counties which have
15 32 experienced a high utilization of protective service hours for
15 33 children and dependent adults.
15 34 The department shall adopt rules governing the expenditure
15 35 of funds allocated under this subparagraph. The rules shall
16 1 require each local agency receiving funds to establish and use
16 2 a sliding fee scale for those persons able to pay for all or a
16 3 portion of the cost of the services and shall require the
16 4 payments to be applied to the cost of the services. The
16 5 department shall also adopt rules for standards regarding
16 6 training, supervision, recordkeeping, appeals, program
16 7 evaluation, cost analysis, and financial audits, and rules
16 8 specifying reporting requirements.
16 9 The department shall annually evaluate the success of the
16 10 home care aide/chore program. The evaluation shall include a
16 11 description of the program and its implementation, the extent
16 12 of local participation, the extent to which the program
16 13 reduced or prevented inappropriate institutionalization, the
16 14 extent to which the program provided or increased the
16 15 availability of home care aide services to elderly and low-
16 16 income persons and children and adults in need of protective
16 17 services, any problems and recommendations concerning the
16 18 program, and an analysis of the costs of services across the
16 19 state.
16 20 (3) For the senior health program:
16 21 .................................................. $ 585,337
16 22 The allocation made in this subparagraph for the senior
16 23 health program shall be distributed by a formula to senior
16 24 health programs located in counties which provide funding on a
16 25 matching basis for the senior health program.
16 26 (4) Notwithstanding the program allocations under
16 27 subpargraphs (1), (2), and (3), a county may submit to the
16 28 department a plan for an alternate allocation of funding which
16 29 provides for assuring the delivery of existing services and
16 30 the essential public health services based on an assessment of
16 31 community needs, and targeted populations to be served under
16 32 the alternate plan. The department shall adopt rules to
16 33 administer these programs. The department may establish
16 34 demonstration projects which provide for an alternate
16 35 allocation of funds based upon the proposed plan to provide
17 1 essential public health services as determined by the
17 2 community health assessment and targeted populations to be
17 3 served.
17 4 d. For the physician care for children program:
17 5 .................................................. $ 411,187
17 6 The physician services shall be subject to managed care and
17 7 selective contracting provisions and shall be used to provide
17 8 for the medical treatment of children and shall include
17 9 coverage of diagnostic procedures, prescription drugs, and
17 10 physician-ordered treatments necessary to treat an acute
17 11 condition. Services provided under this lettered paragraph
17 12 shall be reimbursed according to medical assistance
17 13 reimbursement rates.
17 14 e. For primary and preventive health care for children:
17 15 .................................................. $ 75,000
17 16 Funds appropriated in this lettered paragraph shall be used
17 17 for the public purpose of providing a renewable grant,
17 18 following a request for proposals, to a statewide charitable
17 19 organization within the meaning of section 501(c)(3) of the
17 20 Internal Revenue Code which was organized prior to April 1,
17 21 1989, and has as one of its purposes the sponsorship or
17 22 support for programs designed to improve the quality,
17 23 awareness, and availability of health care for the young, to
17 24 serve as the funding mechanism for the provision of primary
17 25 health care and preventive services to children in the state
17 26 who are uninsured and who are not eligible under any public
17 27 plan of health insurance, provided all of the following
17 28 conditions are met:
17 29 (1) The organization shall provide a match of four dollars
17 30 in advance of each state dollar provided.
17 31 (2) The organization coordinates services with new or
17 32 existing public programs and services provided by or funded by
17 33 appropriate state agencies in an effort to avoid inappropriate
17 34 duplication of services and ensure access to care to the
17 35 extent as is reasonably possible. The organization shall work
18 1 with the Iowa department of public health, family and
18 2 community health division, to ensure duplication is minimized.
18 3 (3) The organization's governing board includes in its
18 4 membership representatives from the executive and legislative
18 5 branches of state government.
18 6 (4) Grant funds are available as needed to provide
18 7 services and shall not be used for administrative costs of the
18 8 department or the grantee.
18 9 f. For the Iowa healthy family program under section
18 10 135.106:
18 11 .................................................. $ 952,000
18 12 (1) Of the funds appropriated in this lettered paragraph,
18 13 not more than $165,000 shall be used to continue the existing
18 14 infant mortality and morbidity prevention pilot projects in
18 15 Polk, Scott, and Woodbury counties with no more than 15
18 16 percent being used for administrative expenses.
18 17 (2) Of the funds appropriated in this lettered paragraph,
18 18 not more than $25,000 shall be used to continue supporting
18 19 multidisciplinary research into the cause of individual infant
18 20 deaths in the state and shall be used solely for research
18 21 purposes.
18 22 (3) Of the funds appropriated in this lettered paragraph,
18 23 not more than $140,000 shall be used to continue existing mid-
18 24 level practitioners demonstration projects in Black Hawk,
18 25 Polk, and Scott counties. The funds shall be issued in three
18 26 equal grant amounts and shall be used to promote the use of
18 27 mid-level practitioners, which includes obstetrical-
18 28 gynecological nurse practitioners and family nurse
18 29 practitioners focusing on maternal and child health, to
18 30 improve access to prenatal care and obstetrical services.
18 31 (4) The remaining funds appropriated in this lettered
18 32 paragraph shall be used for the healthy opportunities for
18 33 parents to experience success program. Any new funds or funds
18 34 in excess of that necessary to continue existing programs
18 35 shall be used by the department to expand the program to
19 1 counties with greatest need and the capacity to deliver the
19 2 services. Any funds contracted to agencies under
19 3 subparagraphs (1), (2), and (3) which are projected to be
19 4 unused at the close of the fiscal year shall be allowed to be
19 5 reallocated to the healthy opportunities for parents to
19 6 experience success program.
19 7 The department shall develop a plan during the fiscal year
19 8 beginning July 1, 1997, and ending June 30, 1998, for
19 9 expansion of the healthy opportunities for parents to
19 10 experience success program to all counties throughout the
19 11 state.
19 12 g. For primary care provider recruitment and retention
19 13 endeavors:
19 14 .................................................. $ 235,000
19 15 h. For the prospective minor parents decision-making
19 16 assistance program under chapter 135L, and for not more than
19 17 the following full-time equivalent positions:
19 18 .................................................. $ 28,930
19 19 ............................................... FTEs 1.00
19 20 5. STATE BOARD OF DENTAL EXAMINERS
19 21 For salaries, support, maintenance, miscellaneous purposes,
19 22 and not more than the following full-time equivalent
19 23 positions:
19 24 .................................................. $ 304,500
19 25 ............................................... FTEs 4.00
19 26 6. STATE BOARD OF MEDICAL EXAMINERS
19 27 For salaries, support, maintenance, miscellaneous purposes,
19 28 and for not more than the following full-time equivalent
19 29 positions:
19 30 .................................................. $ 1,203,648
19 31 ............................................... FTEs 18.00
19 32 7. STATE BOARD OF NURSING EXAMINERS
19 33 For salaries, support, maintenance, miscellaneous purposes,
19 34 and for not more than the following full-time equivalent
19 35 positions:
20 1 .................................................. $ 1,006,293
20 2 ............................................... FTEs 18.00
20 3 8. STATE BOARD OF PHARMACY EXAMINERS
20 4 For salaries, support, maintenance, miscellaneous purposes,
20 5 and for not more than the following full-time equivalent
20 6 positions:
20 7 .................................................. $ 741,909
20 8 ............................................... FTEs 12.00
20 9 9. The state board of medical examiners, the state board
20 10 of pharmacy examiners, the state board of dental examiners,
20 11 and the state board of nursing examiners shall prepare
20 12 estimates of projected receipts to be generated by the
20 13 licensing, certification, and examination fees of each board
20 14 as well as a projection of the fairly apportioned
20 15 administrative costs and rental expenses attributable to each
20 16 board. Each board shall annually review and adjust its
20 17 schedule of fees so that, as nearly as possible, projected
20 18 receipts equal projected costs.
20 19 10. The state board of medical examiners, the state board
20 20 of pharmacy examiners, the state board of dental examiners,
20 21 and the state board of nursing examiners shall retain their
20 22 individual executive officers, but are strongly encouraged to
20 23 share administrative, clerical, and investigative staffs to
20 24 the greatest extent possible.
20 25 11. A local health care provider or nonprofit health care
20 26 organization seeking grant moneys administered by the Iowa
20 27 department of public health shall provide documentation that
20 28 the provider or organization has coordinated its services with
20 29 other local entities providing similar services.
20 30 12. Consolidation of state funding sources for public
20 31 health nursing, home care aide, and the senior health program
20 32 into a single contract for each county, as jointly agreed upon
20 33 by the county board of supervisors and any boards of health
20 34 within the county, shall be implemented statewide beginning
20 35 July 1, 1997. It shall be the department's goal to add
21 1 federal funding for health promotion as federal funds become
21 2 available. The department shall submit a report to the
21 3 general assembly on or before January 2, 1998, which shall
21 4 include a progress evaluation of the first year of the
21 5 statewide contract for each county beginning July 1, 1997.
21 6 The department may include other state and federal funding
21 7 sources with the understanding that local, city, or county
21 8 funds not be supplanted.
21 9 Sec. 6. PILOT PROJECT – SCOPE OF PRACTICE REVIEW
21 10 COMMITTEES.
21 11 1. The Iowa department of public health shall, to the
21 12 extent possible with moneys made available in the
21 13 appropriations in this health Act for professional licensure
21 14 boards, conduct a study of utilizing scope of practice review
21 15 committees to evaluate and make recommendations to the general
21 16 assembly, and to the appropriate licensure boards on the
21 17 following issues:
21 18 a. Requests from practitioners seeking to become newly
21 19 licensed health professionals or to establish their own
21 20 licensure boards.
21 21 b. Request from health professionals seeking to expand or
21 22 narrow the scope of practice of a health profession.
21 23 c. Unresolved administrative rulemaking disputes between
21 24 licensure boards.
21 25 2. A scope of practice review committee established under
21 26 this section shall evaluate the issues specified in subsection
21 27 1 and make recommendations to the general assembly pursuant to
21 28 subsection 3 based on the following standards and guidelines:
21 29 a. It is in the best interest of the public that scope of
21 30 practice review committees be established to monitor scope of
21 31 practice issues and concerns and promote consistency between
21 32 licensure boards.
21 33 b. The proposed change does not pose a significant new
21 34 danger to the public.
21 35 c. Enacting the proposed change will benefit the health,
22 1 safety, or welfare of the public.
22 2 d. The public cannot be effectively protected by other
22 3 more cost-effective means.
22 4 3. A pilot project utilizing scope of practice review
22 5 committees shall be established based on the model and
22 6 findings of the health professions committee of the Iowa
22 7 health regulation task force. The pilot project shall
22 8 commence on July 1, 1997, and shall end on June 30, 2000. The
22 9 director of the Iowa department of public health, in
22 10 consultation with members of the general assembly, the
22 11 administrative rules review committee, and the professional
22 12 licensure boards, shall select the issues subject to a scope
22 13 of practice review.
22 14 Each scope of practice review committee shall be limited to
22 15 five members as follows: one member representing the
22 16 profession seeking licensure, a new board, or a change in
22 17 scope of practice; one member of the health profession
22 18 directly impacted by, or opposed to, the proposed change, one
22 19 impartial health professional who is not directly or
22 20 indirectly affected by the proposed change; and two impartial
22 21 members of the general public. The department shall submit a
22 22 progress report to the governor and the general assembly by
22 23 January 1, 1998, and shall conduct a complete evaluation of
22 24 the scope of practice review committee pilot project by
22 25 January 1, 2000.
22 26 The department shall adopt rules in accordance with chapter
22 27 17A to implement the pilot project in accordance with the
22 28 provisions of this section.
22 29 Sec. 7. DEPARTMENT OF HUMAN RIGHTS. There is appropriated
22 30 from the general fund of the state to the department of human
22 31 rights for the fiscal year beginning July 1, 1997, and ending
22 32 June 30, 1998, the following amounts, or so much thereof as is
22 33 necessary, to be used for the purposes designated:
22 34 1. CENTRAL ADMINISTRATION DIVISION
22 35 For salaries, support, maintenance, miscellaneous purposes,
23 1 and for not more than the following full-time equivalent
23 2 positions:
23 3 .................................................. $ 194,370
23 4 ............................................... FTEs 6.60
23 5 2. DEAF SERVICES DIVISION
23 6 For salaries, support, maintenance, miscellaneous purposes,
23 7 and for not more than the following full-time equivalent
23 8 positions:
23 9 .................................................. $ 303,229
23 10 ............................................... FTEs 7.00
23 11 The fees collected by the division for provision of
23 12 interpretation services by the division to obligated agencies
23 13 shall be disbursed pursuant to the provisions of section 8.32,
23 14 and shall be dedicated and used by the division for continued
23 15 and expanded interpretation services.
23 16 3. PERSONS WITH DISABILITIES DIVISION
23 17 For salaries, support, maintenance, miscellaneous purposes,
23 18 and for not more than the following full-time equivalent
23 19 positions:
23 20 .................................................. $ 101,354
23 21 ............................................... FTEs 2.00
23 22 4. LATINO AFFAIRS DIVISION
23 23 For salaries, support, maintenance, miscellaneous purposes,
23 24 and for not more than the following full-time equivalent
23 25 positions:
23 26 .................................................. $ 142,490
23 27 ............................................... FTEs 3.00
23 28 5. STATUS OF WOMEN DIVISION
23 29 For salaries, support, maintenance, miscellaneous purposes,
23 30 and for not more than the following full-time equivalent
23 31 positions:
23 32 .................................................. $ 328,900
23 33 ............................................... FTEs 3.00
23 34 a. Of the funds appropriated in this subsection, at least
23 35 $125,775 shall be spent for the displaced homemaker program.
24 1 b. Of the funds appropriated in this subsection, at least
24 2 $42,570 shall be spent for domestic violence and sexual
24 3 assault-related grants.
24 4 6. STATUS OF AFRICAN-AMERICANS DIVISION
24 5 For salaries, support, maintenance, miscellaneous purposes,
24 6 and for not more than the following full-time equivalent
24 7 positions:
24 8 .................................................. $ 114,266
24 9 ............................................... FTEs 2.00
24 10 7. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
24 11 For salaries, support, maintenance, miscellaneous purposes,
24 12 and for not more than the following full-time equivalent
24 13 positions:
24 14 .................................................. $ 385,099
24 15 ............................................... FTEs 8.91
24 16 a. The criminal and juvenile justice planning advisory
24 17 council and the juvenile justice advisory council shall
24 18 coordinate their efforts in carrying out their respective
24 19 duties relative to juvenile justice.
24 20 b. Of the funds appropriated in this subsection, at least
24 21 $36,300 shall be spent for expenses relating to the
24 22 administration of federal funds for juvenile assistance. It
24 23 is the intent of the general assembly that the department of
24 24 human rights employ sufficient staff to meet the federal
24 25 funding match requirements established by the federal office
24 26 for juvenile justice delinquency prevention. The governor's
24 27 advisory council on juvenile justice shall determine the
24 28 staffing level necessary to carry out federal and state
24 29 mandates for juvenile justice.
24 30 8. COMMUNITY GRANT FUND
24 31 For the community grant fund established under section
24 32 232.190 for the continuation of existing grants for the fiscal
24 33 year beginning July 1, 1997, and ending June 30, 1998, to be
24 34 used for the purposes of the community grant fund and for not
24 35 more than the following full-time equivalent positions:
25 1 .................................................. $ 1,600,494
25 2 ............................................... FTEs 1.40
25 3 An application from a community to receive a third
25 4 consecutive year of funding from this program may receive
25 5 priority consideration by the division in awarding of grants.
25 6 An application from a community that has not previously
25 7 received funding from this program may be considered eligible
25 8 for a grant award. An application from a community for a
25 9 fourth consecutive year of funding may also be considered
25 10 eligible. The division's grant award criteria, shall include
25 11 an assessment of third and fourth year applications'
25 12 explanation of past and future plans to increase alternative
25 13 support for community juvenile crime prevention initiatives,
25 14 and a demonstration of community collaboration, not merely
25 15 disbursements of funds to various organizations. The grant
25 16 award criteria shall also include a demonstration of
25 17 significant progress toward achieving past project objectives
25 18 such as process and impact evaluation objectives, including
25 19 objectives related to the number of persons served, and
25 20 behavioral changes. Letters of support shall include specific
25 21 commitments and shall be binding. The division shall
25 22 encourage all potential applicants to consider the use of
25 23 grant funds to provide assessment and intervention services
25 24 for high-risk youth and their families, and to additionally
25 25 consider the use of grant funds to support tobacco, alcohol,
25 26 and other drug prevention education programs in the
25 27 applicant's communities.
25 28 9. SHARED STAFF. Except for the persons with disabilities
25 29 division which shall be administered by the director of the
25 30 department of human rights, the divisions of the department of
25 31 human rights shall retain their individual administrators, but
25 32 shall share staff to the greatest extent possible.
25 33 Sec. 8. COMMISSION OF VETERANS AFFAIRS. There is
25 34 appropriated from the general fund of the state to the
25 35 commission of veterans affairs for the fiscal year beginning
26 1 July 1, 1997, and ending June 30, 1998, the following amounts,
26 2 or so much thereof as is necessary, to be used for the
26 3 purposes designated:
26 4 1. COMMISSION OF VETERANS AFFAIRS ADMINISTRATION
26 5 For salaries, support, maintenance, miscellaneous purposes,
26 6 and for not more than the following full-time equivalent
26 7 positions:
26 8 .................................................. $ 292,038
26 9 ............................................... FTEs 5.00
26 10 The commission of veterans affairs may use the gifts
26 11 accepted by the chairperson of the commission of veterans
26 12 affairs, or designee, and other resources available to the
26 13 commission for use at its Camp Dodge office. The commission
26 14 shall report annually to the governor and the general assembly
26 15 on monetary gifts received by the commission for the Camp
26 16 Dodge office.
26 17 2. WAR ORPHANS
26 18 For the war orphans educational aid fund established
26 19 pursuant to chapter 35:
26 20 .................................................. $ 4,800
26 21 3. IOWA VETERANS HOME
26 22 For salaries, support, maintenance, miscellaneous purposes,
26 23 and for not more than the following full-time equivalent
26 24 positions:
26 25 .................................................. $ 40,361,545
26 26 ............................................... FTEs 800.82
26 27 a. The Iowa veterans home may use the gifts accepted by
26 28 the chairperson of the commission of veterans affairs and
26 29 other resources available to the commission for use at the
26 30 Iowa veterans home.
26 31 b. If medical assistance revenues are expanded at the Iowa
26 32 veterans home, and this expansion results in medical
26 33 assistance reimbursements which exceed the amount budgeted for
26 34 that purpose in the fiscal year beginning July 1, 1997, and
26 35 ending June 30, 1998, the Iowa veterans home may expend the
27 1 excess amounts to exceed the number of full-time equivalent
27 2 positions authorized for the purpose of meeting related
27 3 certification requirements or to provide additional beds. The
27 4 expenditure of additional funds received, as outlined in this
27 5 paragraph, is subject to the approval by the department of
27 6 management.
27 7 Sec. 9. VITAL RECORDS. The vital records modernization
27 8 project as enacted in 1993 Iowa Acts, chapter 55, section 1,
27 9 as amended by 1994 Iowa Acts, chapter 1068, section 8, shall
27 10 be extended until June 30, 1998, and the increased fees to be
27 11 collected pursuant to that project shall continue to be
27 12 collected until June 30, 1998.
27 13 Sec. 10. COMMISSION ON COMMUNITY ACTION AGENCIES –
27 14 FEDERAL FUNDING. Of the funds appropriated to the division of
27 15 community action agencies of the department of human rights
27 16 for administration in 1997 Iowa Acts, Senate File 240, if
27 17 enacted, $3,366 is allocated for the expenses of the
27 18 commission on community action agencies.
27 19 Sec. 11. Section 99E.10, subsection 1, paragraph a,
27 20 unnumbered paragraph 2, Code 1997, is amended by striking the
27 21 unnumbered paragraph.
27 22 Sec. 12. Section 125.21, subsection 1, Code 1997, is
27 23 amended by striking the subsection.
27 24 Sec. 13. Section 135.22A, subsection 6, paragraph f, Code
27 25 1997, is amended by striking the paragraph.
27 26 Sec. 14. Section 135.107, subsection 5, Code 1997, is
27 27 amended by striking the subsection.
27 28 Sec. 15. Section 235C.3, subsection 7, unnumbered
27 29 paragraph 1, Code 1997, is amended by striking the unnumbered
27 30 paragraph.
27 31 Sec. 16. Section 272C.4, subsection 2, paragraph b, Code
27 32 1997, is amended by striking the paragraph.
27 33 Sec. 17. 1993 Iowa Acts, chapter 158, section 3,
27 34 subsection 1, paragraph f, is amended by striking the
27 35 paragraph.
28 1 Sec. 18. Section 135.77, Code 1997, is repealed.
28 2 Sec. 19. Section 135L.4, Code 1997, is repealed.
28 3 Sec. 20. NEW SECTION. 144.45A COMMEMORATIVE BIRTH AND
28 4 MARRIAGE CERTIFICATES.
28 5 Upon application and payment of a thirty-five dollar fee,
28 6 the director may issue a commemorate copy of a certificate of
28 7 birth or a certificate of marriage. Fees collected pursuant
28 8 to this section shall be deposited in the emergency medical
28 9 services fund established in section 135.25 to support the
28 10 development and enhancement of emergency medical services
28 11 systems and emergency medical services for children.
28 12 Sec. 21. CONTINGENT PROVISION. Appropriations to the
28 13 department of human rights for the fiscal year beginning July
28 14 1, 1997, and ending June 30, 1998, are contingent upon repeal
28 15 or amendment of section 216A.5 to extend the repeal of the
28 16 department.
28 17 Sec. 22. EFFECTIVE DATE. Section 9 of this Act, relating
28 18 to the vital records modernization project, being deemed of
28 19 immediate importance, shall take effect upon enactment.
28 20
28 21
28 22
28 23 RON J. CORBETT
28 24 Speaker of the House
28 25
28 26
28 27
28 28 MARY E. KRAMER
28 29 President of the Senate
28 30
28 31 I hereby certify that this bill originated in the House and
28 32 is known as House File 710, Seventy-seventh General Assembly.
28 33
28 34
28 35
29 1 ELIZABETH ISAACSON
29 2 Chief Clerk of the House
29 3 Approved , 1997
29 4
29 5
29 6
29 7 TERRY E. BRANSTAD
29 8 Governor
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