Text: HF02544 Text: HF02546 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2545 1 2 1 3 AN ACT 1 4 RELATING TO COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 1 5 DEVELOPMENTAL DISABILITIES SERVICE FUNDING, ALLOCATING 1 6 AN APPROPRIATION, AND PROVIDING EFFECTIVE DATES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 DIVISION I INTERFUND TRANSFERS 1 11 Section 1. Section 331.432, Code 1997, is amended to read 1 12 as follows: 1 13 331.432 INTERFUND TRANSFERS. 1 14 1. It is unlawful to make permanent transfers of money 1 15 between the general fund and the rural services fund. 1 16 2. Moneys credited to the secondary road fund for the 1 17 construction and maintenance of secondary roads shall not be 1 18 transferred. 1 19 3. Except as authorized in section 331.477, transfers of 1 20 moneys between the county mental health, mental retardation, 1 21 and developmental disabilities services fund and any other 1 22 fund are prohibited. 1 23 4. Other transfers, including transfers from the debt 1 24 service fund made in accordance with section 331.430, and 1 25 transfers from the general or rural services fund to the 1 26 secondary road fund in accordance with section 331.429, 1 27 subsection 1, paragraphs "a" and "b", are not effective until 1 28 authorized by resolution of the board. 1 29 5. The transfer of inactive funds is subject to section 1 30 24.21. 1 31 Sec. 2. EFFECTIVE DATE. This division of this Act, being 1 32 deemed of immediate importance, takes effect upon enactment. 1 33 DIVISION II FY 1999-2000 PROVISIONS 1 34 Sec. 3. ALLOWED GROWTH ALLOCATIONS. Moneys appropriated 1 35 from the general fund of the state to the department of human 2 1 services for the fiscal year beginning July 1, 1999, and 2 2 ending June 30, 2000, to be used for distribution to counties 2 3 of the county mental health, mental retardation, and 2 4 developmental disabilities allowed growth factor adjustment, 2 5 in accordance with section 331.438, subsection 2, and section 2 6 331.439, subsection 3, are allocated as follows: 2 7 1. For distribution to counties in accordance with the 2 8 formula provided in section 331.438, subsection 2, paragraph 2 9 "b", as amended by this Act for FY 1999-2000: 2 10 .................................................. $ 12,000,000 2 11 2. For deposit in the per capita expenditure target pool 2 12 created in the property tax relief fund pursuant to this Act: 2 13 .................................................. $ 2,126,362 2 14 3. For deposit in the incentive and efficiency pool 2 15 created within the property tax relief fund pursuant to this 2 16 Act: 2 17 .................................................. $ 2,000,000 2 18 4. For deposit in the county risk pool created within the 2 19 property tax relief fund pursuant to this Act: 2 20 .................................................. $ 2,000,000 2 21 Sec. 4. Section 331.438, subsection 1, Code Supplement 2 22 1997, is amended by adding the following new paragraph: 2 23 NEW PARAGRAPH. aa. "Per capita expenditure" means the 2 24 amount derived from the sum of a county's expenditures for 2 25 mental health, mental retardation, and developmental 2 26 disabilities services for a fiscal year as reported to the 2 27 department of human services pursuant to section 331.439, plus 2 28 the state payment to the county and any payments made under 2 29 section 426B.5 for that fiscal year, divided by the county's 2 30 general population for that fiscal year. 2 31 Sec. 5. Section 331.438, subsection 2, paragraph b, 2 32 subparagraphs (1) and (2), Code Supplement 1997, are amended 2 33 to read as follows: 2 34 (1)One-halfSeventy-five percent based upon the county's 2 35 proportion of the state's general population. 3 1 (2)One-halfTwenty-five percent based upon the county's 3 2 proportion of the sum of the following for the fiscal year 3 3 which commenced two years prior to the beginning date of the 3 4 fiscal year in which the allowed growth factor adjustment 3 5 moneys are distributed: 3 6 Sec. 6. Section 405A.4, subsection 2, Code 1997, is 3 7 amended to read as follows: 3 8 2. The allocation of a county as determined under 3 9 subsection 1 may be credited to the general, rural services, 3 10 secondary road, or other special revenue fund of the county. 3 11 The allocation of a county under subsection 1 shall not be 3 12 credited to the county's mental health, mental retardation, 3 13 and developmental disabilities services fund. 3 14 Sec. 7. Section 426B.2, Code Supplement 1997, is amended 3 15 by adding the following new subsection: 3 16 NEW SUBSECTION. 4. As used in this chapter, and in 3 17 sections 331.438 and 331.439, "population" means the latest 3 18 applicable population estimate issued by the federal 3 19 government. 3 20 Sec. 8. NEW SECTION. 426B.5 FUNDING POOLS. 3 21 1. PER CAPITA EXPENDITURE TARGET POOL. 3 22 a. A per capita expenditure target pool is created in the 3 23 property tax relief fund. The pool shall consist of the 3 24 moneys credited to the pool by law. 3 25 b. A statewide per capita expenditure target amount is 3 26 established. The statewide per capita expenditure target 3 27 amount shall be equal to the seventy-fifth percentile of all 3 28 county per capita expenditures in the fiscal year beginning 3 29 July 1, 1997, and ending June 30, 1998. 3 30 c. Only a county levying the maximum amount allowed for 3 31 the county's mental health, mental retardation, and 3 32 development disabilities services fund under section 331.424A 3 33 is eligible to receive moneys from the per capita expenditure 3 34 target pool for a fiscal year. Moneys available in the pool 3 35 for a fiscal year shall be distributed to those eligible 4 1 counties whose per capita expenditure in the latest fiscal 4 2 year for which the actual expenditure information is 4 3 available, is less than the statewide per capita expenditure 4 4 target amount. 4 5 d. The distribution amount a county receives from the 4 6 moneys available in the pool shall be determined based upon 4 7 the county's proportion of the general population of the 4 8 counties eligible to receive moneys from the pool for that 4 9 fiscal year. However, a county shall not receive moneys in 4 10 excess of the amount which would cause the county's per capita 4 11 expenditure to equal the statewide per capita expenditure 4 12 target. Moneys credited to the per capita expenditure target 4 13 pool which remain unobligated or unexpended at the close of a 4 14 fiscal year shall remain in the pool for distribution in the 4 15 succeeding fiscal year. 4 16 e. The department of human services shall annually 4 17 calculate the amount of moneys due to eligible counties in 4 18 accordance with this subsection. The department shall 4 19 authorize the issuance of warrants payable to the county 4 20 treasurer for the amounts due and the warrants shall be issued 4 21 in January. 4 22 2. INCENTIVE AND EFFICIENCY POOL. 4 23 a. An incentive and efficiency pool is created for making 4 24 incentive payments to those counties achieving desired results 4 25 and efficiently providing needed services. 4 26 b. The state-county management committee shall propose 4 27 desired results which are attainable by those counties working 4 28 to transform the service system to best meet the needs of 4 29 persons with mental illness, mental retardation, or 4 30 developmental disabilities in a cost-effective manner. The 4 31 committee shall propose desired results on an annual or other 4 32 regular basis which will provide for continuous improvement of 4 33 the service system. In addition, the committee shall identify 4 34 objective performance measures for the desired results which 4 35 may include but are not limited to rates of service provision 5 1 among eligible populations, access to a range of services, 5 2 movement toward less facility-based services, and medical loss 5 3 ratio. 5 4 c. The desired results and performance measures shall be 5 5 implemented in a manner that measures a county's progress 5 6 compared to its prior history for purposes of making incentive 5 7 and efficiency payments. The desired results and performance 5 8 measures proposed by the state-county management committee 5 9 shall be adopted in rule by the mental health and 5 10 developmental disabilities commission. 5 11 d. Moneys shall be distributed from the incentive and 5 12 efficiency pool to eligible counties based upon a percentage 5 13 score for the degree of a county's attainment of the desired 5 14 results and performance measures. The maximum amount which 5 15 may be distributed to an eligible county is the county's 5 16 percentage share of the state's general population applied to 5 17 the amount available for distribution from the pool. The 5 18 amount actually paid to an eligible county shall be the 5 19 product of the county's percentage score and the county's 5 20 maximum amount. 5 21 e. Moneys remaining unexpended or unobligated in the pool 5 22 at the close of a fiscal year shall remain available for 5 23 distribution in the succeeding fiscal year. 5 24 f. The department of human services shall annually 5 25 calculate the amount of moneys due to an eligible county in 5 26 accordance with this subsection. The department shall 5 27 authorize the issuance of warrants payable to the county 5 28 treasurer for the amounts due and the warrants shall be issued 5 29 in January. 5 30 3. RISK POOL. 5 31 a. A risk pool is created in the property tax relief fund. 5 32 The pool shall consist of the moneys credited to the pool by 5 33 law. 5 34 b. A risk pool board is created. The board shall consist 5 35 of two county supervisors, two county auditors, a member of 6 1 the state-county management committee created in section 6 2 331.438 who was not appointed by the Iowa state association of 6 3 counties, a member of the county finance committee created in 6 4 chapter 333A who is not an elected official, and two single 6 5 entry point process administrators, all appointed by the 6 6 governor, and one member appointed by the director of human 6 7 services. All members appointed by the governor shall be 6 8 subject to confirmation by the senate. Members shall serve 6 9 for three-year terms. A vacancy shall be filled in the same 6 10 manner as the original appointment. Expenses and other costs 6 11 of the risk pool board members representing counties shall be 6 12 paid by the county of origin. Expenses and other costs of 6 13 risk pool board members who do not represent counties shall be 6 14 paid from a source determined by the governor. Staff 6 15 assistance to the board shall be provided by the department of 6 16 human services and counties. Actuarial expenses and other 6 17 direct administrative costs shall be charged to the pool. 6 18 c. (1) A county must apply to the board for assistance 6 19 from the risk pool on or before April 1 to cover an 6 20 unanticipated cost in excess of the county's current fiscal 6 21 year budget amount for the county's mental health, mental 6 22 retardation, and development disabilities services fund. For 6 23 purposes of applying for risk pool assistance and for repaying 6 24 unused risk pool assistance, the current fiscal year budget 6 25 amount shall be deemed to be the higher of either the budget 6 26 amount in the management plan approved under section 331.439 6 27 for the fiscal year in which the application is made or the 6 28 prior fiscal year's gross expenditures from the services fund. 6 29 (2) Basic eligibility for risk pool assistance shall 6 30 require a projected need in excess of the sum of one hundred 6 31 five percent of the county's current fiscal year budget amount 6 32 and any amount of the county's prior fiscal year ending fund 6 33 balance in excess of twenty-five percent of the county's gross 6 34 expenditures from the services fund in the prior fiscal year. 6 35 (3) The board shall review the fiscal year-end financial 7 1 records for all counties that are granted risk pool 7 2 assistance. If the board determines a county's actual need 7 3 for risk pool assistance was less than the amount of risk pool 7 4 assistance granted to the county, the county shall refund the 7 5 difference between the amount of assistance granted and the 7 6 actual need. The county shall submit the refund within thirty 7 7 days of receiving notice from the board. Refunds shall be 7 8 credited to the risk pool. 7 9 (4) A county receiving risk pool assistance in a fiscal 7 10 year in which the county did not levy the maximum amount 7 11 allowed for the county's mental health, mental retardation, 7 12 and development disabilities services fund under section 7 13 331.424A shall be required to repay the risk pool assistance 7 14 in the succeeding fiscal year. The repayment amount shall be 7 15 limited to the amount by which the actual amount levied was 7 16 less than the maximum amount allowed. 7 17 (5) The board shall determine application requirements to 7 18 ensure prudent use of risk pool assistance. The board may 7 19 accept or reject an application for assistance in whole or in 7 20 part. The decision of the board is final. 7 21 (6) The total amount of risk pool assistance shall be 7 22 limited to the amount available in the risk pool for a fiscal 7 23 year. If the total amount of eligible assistance exceeds the 7 24 amount available in the risk pool the amount of assistance 7 25 paid shall be prorated among the counties eligible for 7 26 assistance. 7 27 d. A county may apply for preapproval for risk pool 7 28 assistance based upon an individual who has an unanticipated 7 29 disability condition with an exceptional cost and the 7 30 individual is either new to the county's service system or the 7 31 individual's unanticipated disability condition is new to the 7 32 individual. 7 33 e. The department of human services shall annually 7 34 calculate the amount of moneys due to eligible counties in 7 35 accordance with the board's decisions. The department shall 8 1 authorize the issuance of warrants payable to the county 8 2 treasurer for the amounts due and the warrants shall be issued 8 3 before the close of the fiscal year. 8 4 Sec. 9. EFFECTIVE DATE APPLICABILITY. 8 5 1. The provisions of section 426B.5, subsection 2, as 8 6 enacted by this Act, directing the state-county management 8 7 committee to make recommendations and the mental health and 8 8 developmental disabilities commission to adopt rules, being 8 9 deemed of immediate importance, take effect upon enactment for 8 10 purposes of the recommendations and rules and for counties 8 11 collecting initial information during the fiscal year 8 12 beginning July 1, 1998. Payments under section 426B.5, 8 13 subsection 2, shall commence with the fiscal year beginning 8 14 July 1, 1999. The rules shall be adopted on or before July 1, 8 15 1998. The mental health and mental retardation commission may 8 16 adopt emergency rules under section 17A.4, subsection 2, and 8 17 section 17A.5, subsection 2, paragraph "b", to implement the 8 18 provisions of this Act and the rules shall be effective 8 19 immediately upon filing unless a later date is specified in 8 20 the rules. Any rules adopted in accordance with this 8 21 subsection shall also be published as a notice of intended 8 22 action as provided in section 17A.4. 8 23 2. Except as provided in subsection 1, this division of 8 24 this Act takes effect July 1, 1998, for purposes of creating 8 25 the risk pool board and completing required planning. This 8 26 division of this Act is applicable to county budgets prepared 8 27 and levies certified commencing with the fiscal year beginning 8 28 July 1, 1999. 8 29 DIVISION III FY 2000-2001 8 30 Sec. 10. Section 331.438, subsection 2, paragraph b, Code 8 31 Supplement 1997, as amended by this Act, is amended by 8 32 striking the paragraph and inserting in lieu thereof the 8 33 following: 8 34 b. A county's portion of the allowed growth factor 8 35 adjustment appropriation for a fiscal year shall be determined 9 1 based upon the county's proportion of the state's general 9 2 population. 9 3 Sec. 11. EFFECTIVE DATE APPLICABILITY. This division 9 4 of this Act takes effect July 1, 2000, and is applicable to 9 5 county budgets prepared and levies certified for the fiscal 9 6 year beginning July 1, 2000. Prior to July 1, 2000, the 9 7 counties shall perform those acts necessary for budget 9 8 preparation and levy certification in order to implement this 9 9 division of this Act on July 1, 2000. 9 10 9 11 9 12 9 13 RON J. CORBETT 9 14 Speaker of the House 9 15 9 16 9 17 9 18 MARY E. KRAMER 9 19 President of the Senate 9 20 9 21 I hereby certify that this bill originated in the House and 9 22 is known as House File 2545, Seventy-seventh General Assembly. 9 23 9 24 9 25 9 26 ELIZABETH ISAACSON 9 27 Chief Clerk of the House 9 28 Approved , 1998 9 29 9 30 9 31 9 32 TERRY E. BRANSTAD 9 33 Governor
Text: HF02544 Text: HF02546 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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