Text: HSB00086 Text: HSB00088 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. WELFARE REFORM. There is appropriated from the
1 2 general fund of the state to the department of human services
1 3 for the fiscal biennium beginning July 1, 1997, and ending
1 4 June 30, 1999, the following amounts, or so much thereof as is
1 5 necessary, to be used for the purpose designated:
1 6 For assistance under the family investment program under
1 7 chapter 239:
1 8 1997-98 FY ....................................... $ 9,067,449
1 9 1998-99 FY ....................................... $ 5,483,166
1 10 1. There is allocated from the funds appropriated in this
1 11 section and from the appropriation to the department of human
1 12 services of moneys allocated to the state under the federal
1 13 Temporary Assistance for Needy Families Block Grant (TANF), a
1 14 total of $139,155,489 for the fiscal year beginning July 1,
1 15 1997, and a total of $135,571,206 for the fiscal year
1 16 beginning July 1, 1998, to be used for the family investment
1 17 program, the job opportunities and basic skills program, and
1 18 the programs enumerated in subsections 2 through 9. The
1 19 moneys allocated shall be used in a manner that meets federal
1 20 TANF block grant requirements including state maintenance of
1 21 effort provisions.
1 22 For the purposes of meeting the requirements, the
1 23 department may utilize any combination of the appropriation
1 24 made in this section and the federal block grant moneys
1 25 allocated in this section to fund services, provided the
1 26 department meets the other conditions set forth in this
1 27 section. If the actual amount of the TANF block grant
1 28 received in a fiscal year is less than the amount allocated in
1 29 this section, the department may reduce expenditures as the
1 30 department deems necessary to stay within the reduced funding
1 31 level.
1 32 2. Moneys allocated in subsection 1 shall be used in
1 33 accordance with the following requirements:
1 34 a. The department shall provide assistance in accordance
1 35 with chapters 239 and 249C.
2 1 b. The department shall continue the special needs program
2 2 under the family investment program.
2 3 c. The department shall implement federal welfare reform
2 4 data requirements.
2 5 d. The department shall continue expansion of the
2 6 electronic benefit transfer program.
2 7 e. The department shall conduct an evaluation of the
2 8 welfare reform program and child well-being provisions to
2 9 measure the program's effectiveness, impacts on children and
2 10 families, and impacts across programs, and to identify
2 11 effective strategies.
2 12 f. The department shall continue to contract for services
2 13 in developing and monitoring an entrepreneurial training
2 14 program to provide technical assistance to families which
2 15 receive assistance under the family investment program.
2 16 g. For family investment agreements developed beginning
2 17 July 1, 1997, the maximum allowable time period for
2 18 postsecondary education is limited to twenty-four months.
2 19 h. Of the funds allocated in this section, $998,400 is
2 20 allocated for the fiscal year beginning July 1, 1997, and
2 21 $998,400 is allocated for the fiscal year beginning July 1,
2 22 1998, to increase participation in vocational and
2 23 postsecondary training which lasts not more than twelve
2 24 months.
2 25 i. The department may transfer funds, either federal or
2 26 state, to or from the appropriations made for child day care
2 27 if the department deems this would be a more effective method
2 28 of paying for JOBS program child care, or to maximize federal
2 29 funding, or to meet maintenance of effort requirements.
2 30 j. The department may, if necessary to meet federally
2 31 mandated maintenance of effort requirements, replace funds
2 32 appropriated in this Act for child and family services, field
2 33 operations, and general administrations that were previously
2 34 eligible for federal match under Title IV-A or IV-F of the
2 35 federal Social Security Act, or funds appropriated in this Act
3 1 for child day care assistance, with a transfer between those
3 2 appropriations and the funds appropriated or allocated in this
3 3 section, provided that the combined amount of state and
3 4 federal funding for each appropriation remains the same as
3 5 before the transfer.
3 6 3. Of the funds allocated in subsection 1, $129,985 is
3 7 allocated for the fiscal year beginning July 1, 1997, and
3 8 $129,985 is allocated for the fiscal year beginning July 1,
3 9 1998, to the food stamp employment and training program.
3 10 4. Of the funds allocated in subsection 1, $2,328,805 is
3 11 allocated for the fiscal year beginning July 1, 1997, and
3 12 $3,763,172 is allocated for the fiscal year beginning July 1,
3 13 1998, to the family development and self-sufficiency grant
3 14 program as provided under Code section 217.12.
3 15 a. Of the funds allocated to the family development and
3 16 self-sufficiency grant program in this subsection, not more
3 17 than 5 percent of the funds shall be used for the
3 18 administration of the grant program.
3 19 b. Based upon the annual evaluation report concerning each
3 20 grantee funded by previously appropriated funds and through
3 21 the solicitation of additional grant proposals, the family
3 22 development and self-sufficiency council may use the allocated
3 23 funds to renew or expand existing grants or award new grants.
3 24 In utilizing the increased funding to expand the program, the
3 25 council shall give consideration, in addition to other
3 26 criteria established by the council, to a grant proposal's
3 27 intended use of local funds with a grant and to whether a
3 28 grant proposal would expand the availability of the program's
3 29 services to a wider geographic area.
3 30 c. Family development and self-sufficiency grantees shall
3 31 not supplant previous local funding with state or federal
3 32 funds.
3 33 5. The state shall continue the practice of depositing
3 34 child support assigned under the family investment program
3 35 into the appropriation in this section for the family
4 1 investment program, except that a portion of these funds may
4 2 be deposited into the child support recovery appropriation to
4 3 offset the amount of federally reimbursed administrative costs
4 4 reduced by the federal government in order to reflect the
4 5 revised federal share of child support recoveries.
4 6 6. Of the funds allocated in subsection 1, $3,484,121 is
4 7 allocated for the fiscal year beginning July 1, 1997, and
4 8 $3,484,121 is allocated for the fiscal year beginning July 1,
4 9 1998, to replace reductions in the federal social services
4 10 block grant with TANF block grant funds, except for the
4 11 allocation to child care.
4 12 7. Of the funds allocated in subsection 1, $1,214,089 is
4 13 allocated for the fiscal year beginning July 1, 1997, and
4 14 $1,214,089 is allocated for the fiscal year beginning July 1,
4 15 1998, for child day care in place of funds previously
4 16 allocated from the federal social services block grant to
4 17 child care. The department may deposit the allocations made
4 18 in this subsection directly into the appropriations made in
4 19 this Act for child day care.
4 20 8. The moneys allocated for child care assistance in 1996
4 21 Iowa Acts, chapter 1210, section 10, subsection 3, paragraph
4 22 "c", may be reallocated by the department among the remaining
4 23 allocations made in the subsection, in proportion to the
4 24 amount an allocation bears to the total amount allocated in
4 25 the subsection.
4 26 9. The department shall discontinue payment of up to the
4 27 first $50 of the assigned child support collected by the
4 28 department in any given month for an applicant for family
4 29 investment program assistance approved for assistance on or
4 30 after the effective date of this Act. A recipient who is
4 31 approved to receive assistance prior to the effective date of
4 32 this Act shall continue eligibility to receive the payment
4 33 until the recipient is no longer eligible for the family
4 34 investment program but shall not be eligible to receive the
4 35 payment upon reapplying and again receiving family investment
5 1 program assistance. The department may adopt emergency rules
5 2 to implement the provisions of this subsection.
5 3 10. The department may adopt administrative rules for the
5 4 family investment, food stamp, and medical assistance programs
5 5 to change or delete welfare reform initiatives that threaten
5 6 the integrity or continuation of the programs or that are not
5 7 cost effective. Prior to adoption of the rules, the
5 8 department may consult with the welfare reform council,
5 9 members of the public involved in development of welfare
5 10 reform policy established in the 1993 legislative session, and
5 11 the chairpersons and ranking members of the human resources
5 12 committees of the senate and house of representatives.
5 13 Sec. 2. EMERGENCY ASSISTANCE. There is appropriated from
5 14 the general fund of the state to the department of human
5 15 services for the fiscal biennium beginning July 1, 1997, and
5 16 ending June 30, 1999, the following amounts, or so much
5 17 thereof as is necessary, to be used for the purpose
5 18 designated:
5 19 For emergency assistance to families with dependent
5 20 children for homeless prevention programs:
5 21 1997-98 FY ....................................... $ 1,967,500
5 22 1998-99 FY ....................................... $ 1,967,500
5 23 1. The emergency assistance provided for in this section
5 24 shall be available beginning October 1 of each fiscal year and
5 25 shall be provided only if all other publicly funded resources
5 26 have been exhausted. Specifically, emergency assistance is
5 27 the program of last resort and shall not supplant assistance
5 28 provided by the low-income home energy assistance program
5 29 (LIHEAP), county general relief, and veterans affairs
5 30 programs. The department shall establish a $500 maximum
5 31 payment, per family, in a twelve-month period. The emergency
5 32 assistance includes, but is not limited to, assisting people
5 33 who face eviction, potential eviction, or foreclosure, utility
5 34 shutoff or fuel shortage, loss of heating energy supply or
5 35 equipment, homelessness, utility or rental deposits, or other
6 1 specified crisis which threatens family or living
6 2 arrangements. The emergency assistance shall be available to
6 3 migrant families who would otherwise meet eligibility
6 4 criteria. The department may adopt emergency rules to
6 5 implement the program including eligibility criteria and
6 6 benefit levels. The department may contract for the
6 7 administration and delivery of the program. The program shall
6 8 be terminated when funds are exhausted.
6 9 2. In each fiscal year the department shall continue the
6 10 process for the state to receive refunds of rent deposits for
6 11 emergency assistance recipients which were paid by persons
6 12 other than the state. The refunds received by the department
6 13 under this subsection shall be deposited with the moneys of
6 14 the appropriation made in this section and used as additional
6 15 funds for the emergency assistance program. Notwithstanding
6 16 section 8.33, moneys received by the department under this
6 17 subsection which remain after the emergency assistance program
6 18 is terminated and state moneys in the emergency assistance
6 19 account which remain unobligated or unexpended at the close of
6 20 the fiscal year shall not revert to the general fund of the
6 21 state but shall remain available for expenditure when the
6 22 program resumes operation on October 1 in the succeeding
6 23 fiscal year.
6 24 3. Of the funds appropriated in this section in each
6 25 fiscal year, $10,000 is allocated to the community voice mail
6 26 program to continue the existing program. The funds shall be
6 27 made available beginning July 1 of each fiscal year.
6 28 Sec. 3. MEDICAL ASSISTANCE. There is appropriated from
6 29 the general fund of the state to the department of human
6 30 services for the fiscal biennium beginning July 1, 1997, and
6 31 ending June 30, 1999, the following amounts, or so much
6 32 thereof as is necessary, to be used for the purpose
6 33 designated:
6 34 For medical assistance, including reimbursement for
6 35 abortion services, which shall be available under the medical
7 1 assistance program only for those abortions which are
7 2 medically necessary:
7 3 1997-98 FY ....................................... $381,901,557
7 4 1998-99 FY ....................................... $407,549,200
7 5 1. Medically necessary abortions are those performed under
7 6 any of the following conditions:
7 7 a. The attending physician certifies that continuing the
7 8 pregnancy would endanger the life of the pregnant woman.
7 9 b. The attending physician certifies that the fetus is
7 10 physically deformed, mentally deficient, or afflicted with a
7 11 congenital illness.
7 12 c. The pregnancy is the result of a rape which is reported
7 13 within 45 days of the incident to a law enforcement agency or
7 14 public or private health agency which may include a family
7 15 physician.
7 16 d. The pregnancy is the result of incest which is reported
7 17 within 150 days of the incident to a law enforcement agency or
7 18 public or private health agency which may include a family
7 19 physician.
7 20 e. Any spontaneous abortion, commonly known as a
7 21 miscarriage, if not all of the products of conception are
7 22 expelled.
7 23 2. Notwithstanding section 8.39, the department may
7 24 transfer funds appropriated in this section to a separate
7 25 account established in the department's case management unit
7 26 for expenditures required to provide case management services
7 27 for mental health, mental retardation, and developmental
7 28 disabilities services under medical assistance which are
7 29 jointly funded by the state and county, pending final
7 30 settlement of the expenditures. Funds received by the case
7 31 management unit in settlement of the expenditures shall be
7 32 used to replace the transferred funds and are available for
7 33 the purposes for which the funds were appropriated in this
7 34 section.
7 35 3. a. The county of legal settlement shall be billed for
8 1 50 percent of the nonfederal share of the cost of case
8 2 management provided for adults, day treatment, and partial
8 3 hospitalization in accordance with sections 249A.26 and
8 4 249A.27, and 100 percent of the nonfederal share of the cost
8 5 of care which is reimbursed under a federally approved home
8 6 and community-based waiver that would otherwise be approved
8 7 for provision in an intermediate care facility for persons
8 8 with mental retardation, provided under the medical assistance
8 9 program for persons with mental retardation, a developmental
8 10 disability, or chronic mental illness. The state shall have
8 11 responsibility for the remaining 50 percent of the nonfederal
8 12 share of the cost of case management provided for adults, day
8 13 treatment, and partial hospitalization. For persons without a
8 14 county of legal settlement, the state shall have
8 15 responsibility for 100 percent of the nonfederal share of the
8 16 cost of case management provided for adults, day treatment,
8 17 partial hospitalization, and the home and community-based
8 18 waiver services. The case management services specified in
8 19 this subsection shall be billed to a county only if the
8 20 services are provided outside of a managed care contract.
8 21 b. The state shall pay the entire nonfederal share of the
8 22 costs for case management services provided to persons 17
8 23 years of age or younger who are served in a medical assistance
8 24 home and community-based waiver program for persons with
8 25 mental retardation.
8 26 c. Medical assistance funding for case management services
8 27 for eligible persons 17 years of age and younger shall also be
8 28 provided to persons residing in counties with child welfare
8 29 decategorization projects implemented in accordance with
8 30 section 232.188, provided these projects have included these
8 31 persons in their service plan and the decategorization project
8 32 county is willing to provide the nonfederal share of costs.
8 33 d. When paying the necessary and legal expenses of
8 34 intermediate care facilities for persons with mental
8 35 retardation (ICFMR), the cost payment requirements of section
9 1 222.60 shall be considered fulfilled when payment is made in
9 2 accordance with the medical assistance payment rates
9 3 established for ICFMRs by the department and the state or a
9 4 county of legal settlement is not obligated for any amount in
9 5 excess of the rates.
9 6 e. Notwithstanding the provisions of paragraph "a", and
9 7 section 249A.26, requiring counties to pay all or part of the
9 8 nonfederal share of certain services provided to persons with
9 9 disabilities under the medical assistance program, the state
9 10 shall pay 100 percent of the nonfederal share of any services
9 11 included in the state's prepaid mental health services plan
9 12 for medical assistance patients, known as the mental health
9 13 access program (MHAP).
9 14 4. The department shall utilize not more than $60,000 for
9 15 the fiscal year beginning July 1, 1997, and $60,000 for the
9 16 fiscal year beginning July 1, 1998, of the funds appropriated
9 17 in this section to continue the AIDS/HIV health insurance
9 18 premium payment program as established in 1992 Iowa Acts,
9 19 Second Extraordinary Session, chapter 1001, section 409,
9 20 subsection 6. Of the funds allocated in this subsection, not
9 21 more than $3,000 for the fiscal year beginning July 1, 1997,
9 22 and $3,000 for the fiscal year beginning July 1, 1998, may be
9 23 expended for administrative purposes.
9 24 5. Of the funds appropriated in each fiscal year to the
9 25 Iowa department of health for substance abuse grants, $950,000
9 26 for the fiscal year beginning July 1, 1997, and $950,000 for
9 27 the fiscal year beginning July 1, 1998, shall be transferred
9 28 to the department of human services for an integrated
9 29 substance abuse managed care system.
9 30 6. The department shall seek a new medical assistance home
9 31 and community-based waiver for persons with physical
9 32 disabilities as a means to further develop the personal
9 33 assistance services program under section 225C.46. The waiver
9 34 shall not be implemented in a manner which would require
9 35 additional county or state funding for assistance provided to
10 1 an individual served under the waiver. The scope of the
10 2 waiver provisions shall be limited to persons with a physical
10 3 disability who prior to receiving waiver services resided in a
10 4 medical institution for at least 30 consecutive days.
10 5 7. The department shall develop methodologies to directly
10 6 reimburse hospitals with medical assistance-approved graduate
10 7 medical education programs for the direct and indirect costs
10 8 of medical education programs at those hospitals and for a
10 9 disproportionate share payment as allowed by the federal cap
10 10 at those hospitals with qualifying programs. The level of
10 11 this reimbursement shall be equal to the amount of managed
10 12 care capitation payments attributable to direct medical
10 13 education plus indirect medical education add-on components
10 14 included as part of the capitated rate setting methodology and
10 15 to the amounts paid through the fee-for-service inpatient
10 16 diagnostic-related groups and outpatient ambulatory patient
10 17 groups hospital reimbursement systems for state fiscal year
10 18 1994-1995, with an adjustment, if the federal upper limits
10 19 test has not been exceeded, to allow an increase for state
10 20 fiscal year 1996-1997 costs. The department may adopt
10 21 emergency rules to implement the provisions of this
10 22 subsection.
10 23 Sec. 4. MEDICAL CONTRACTS. There is appropriated from the
10 24 general fund of the state to the department of human services
10 25 for the fiscal biennium beginning July 1, 1997, and ending
10 26 June 30, 1999, the following amounts, or so much thereof as is
10 27 necessary, to be used for the purpose designated:
10 28 For medical contracts:
10 29 1997-98 FY ....................................... $ 7,606,200
10 30 1998-99 FY ....................................... $ 7,354,050
10 31 The department shall continue to contract for drug
10 32 utilization review under the medical assistance program.
10 33 Sec. 5. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There
10 34 is appropriated from the general fund of the state to the
10 35 department of human services for the fiscal biennium beginning
11 1 July 1, 1997, and ending June 30, 1999, the following amounts,
11 2 or so much thereof as is necessary, to be used for the purpose
11 3 designated:
11 4 For the health insurance premium payment program, including
11 5 salaries, support, maintenance, and miscellaneous purposes:
11 6 1997-98 FY ....................................... $ 390,130
11 7 1998-99 FY ....................................... $ 356,635
11 8 Sec. 6. STATE SUPPLEMENTARY ASSISTANCE. There is
11 9 appropriated from the general fund of the state to the
11 10 department of human services for the fiscal biennium beginning
11 11 July 1, 1997, and ending June 30, 1999, the following amounts,
11 12 or so much thereof as is necessary, to be used for the purpose
11 13 designated:
11 14 For state supplementary assistance, funeral assistance, and
11 15 the mental health retardation waiver rent subsidy program:
11 16 1997-98 FY ....................................... $ 19,190,000
11 17 1998-99 FY ....................................... $ 19,190,000
11 18 1. The department shall increase the personal needs
11 19 allowance for residents of residential care facilities by the
11 20 same percentage and at the same time as federal supplemental
11 21 security income and federal social security benefits are
11 22 increased due to a recognized increase in the cost of living.
11 23 The department may adopt emergency rules to implement this
11 24 subsection.
11 25 2. a. If during the fiscal biennium beginning July 1,
11 26 1997, the department projects that state supplementary
11 27 assistance expenditures for a calendar year will not meet the
11 28 federal pass-along requirement specified in Title XVI of the
11 29 federal Social Security Act, section 1618, as codified in 42
11 30 U.S.C. } 1382g, the department may take actions including but
11 31 not limited to increasing the personal needs allowance for
11 32 residential care facility residents and making programmatic
11 33 adjustments or upward adjustments of the residential care
11 34 facility or in-home health-related care reimbursement rates
11 35 prescribed in this Act to ensure that federal requirements are
12 1 met. The department may adopt emergency rules to implement
12 2 the provisions of this subsection.
12 3 b. If during the fiscal biennium beginning July 1, 1997,
12 4 the department projects that state supplementary assistance
12 5 expenditures will exceed the amount appropriated for a fiscal
12 6 year, the department may transfer funds appropriated in this
12 7 Act for medical assistance for the purposes of the state
12 8 supplementary assistance program. However, funds shall only
12 9 be transferred from the medical assistance appropriation if
12 10 the funds transferred are projected to be in excess of the
12 11 funds necessary for the medical assistance program.
12 12 3. The department may use up to $75,000 for the fiscal
12 13 year beginning July 1, 1997, and $75,000 for the fiscal year
12 14 beginning July 1, 1998, of the funds appropriated in this
12 15 section for a rent subsidy program for adult persons to whom
12 16 all of the following apply:
12 17 a. Are receiving assistance under the medical assistance
12 18 home and community-based services for persons with mental
12 19 retardation (HCBS/MR) program.
12 20 b. Were discharged from an intermediate care facility for
12 21 persons with mental retardation (ICFMR) immediately prior to
12 22 receiving HCBS/MR services.
12 23 The goal of the subsidy program shall be to encourage and
12 24 assist in enabling persons who currently reside in an ICFMR to
12 25 move to a community living arrangement. An eligible person
12 26 may receive assistance in meeting their rental expense and, in
12 27 the initial two months of eligibility, in purchasing necessary
12 28 household furnishings and supplies. The program shall be
12 29 implemented so that it does not meet the federal definition of
12 30 state supplementary assistance and will not impact the federal
12 31 pass-along requirement specified in Title XVI of the federal
12 32 Social Security Act, section 1618, as codified in 42 U.S.C. }
12 33 1382g.
12 34 Sec. 7. CHILD DAY CARE ASSISTANCE. There is appropriated
12 35 from the general fund of the state to the department of human
13 1 services for the fiscal biennium beginning July 1, 1997, and
13 2 ending June 30, 1999, the following amounts, or so much
13 3 thereof as is necessary, to be used for the purposes
13 4 designated:
13 5 For protective child day care assistance and state child
13 6 care assistance:
13 7 1997-98 FY ....................................... $ 13,747,100
13 8 1998-99 FY ....................................... $ 13,747,100
13 9 1. Of the funds appropriated in this section, $3,696,286
13 10 for the fiscal year beginning July 1, 1997, and $3,696,286 for
13 11 the fiscal year beginning July 1, 1998, shall be used for
13 12 protective child day care assistance.
13 13 2. Of the funds appropriated in this section, $8,180,889
13 14 for the fiscal year beginning July 1, 1997, and $8,180,889 for
13 15 the fiscal year beginning July 1, 1998, shall be used for
13 16 state child care assistance.
13 17 3. For the purposes of this subsection, the term "poverty
13 18 level" means the poverty level defined by the poverty income
13 19 guidelines published by the United States department of health
13 20 and human services. Based upon the availability of the
13 21 funding provided in subsection 2 the department shall
13 22 establish waiting lists for state child care assistance in
13 23 descending order of prioritization as follows:
13 24 a. Families with an income at or below 100 percent of the
13 25 federal poverty level whose members are employed at least 30
13 26 hours per week, and parents with a family income at or below
13 27 100 percent of the federal poverty level who are under the age
13 28 of 21 and are participating in an educational program leading
13 29 to a high school diploma or equivalent.
13 30 b. Parents with a family income at or below 100 percent of
13 31 the federal poverty level who are under the age of 21 and are
13 32 participating, at a satisfactory level, in an approved
13 33 training program or in an educational program.
13 34 c. Families with an income of more than 100 percent but
13 35 not more than 110 percent of the federal poverty level whose
14 1 members are employed at least 30 hours per week. Assistance
14 2 provided to families pursuant to this paragraph shall be
14 3 provided in accordance with a sliding fee scale developed by
14 4 the department. If, pursuant to an evaluation of expenditures
14 5 for state child care assistance it is determined that
14 6 sufficient funding is available, the department shall
14 7 implement the provisions of this paragraph on or before
14 8 January 2 of the fiscal year.
14 9 d. Families with an income at or below 155 percent of the
14 10 federal poverty level with a special needs child as a member
14 11 of the family.
14 12 e. Families with an income at or below 100 percent of the
14 13 federal poverty level whose members are employed part-time at
14 14 least 20 hours per week.
14 15 The department may adopt emergency rules to implement the
14 16 provisions of this subsection.
14 17 4. Nothing in this section shall be construed or is
14 18 intended as, or shall imply, a grant of entitlement for
14 19 services to persons who are eligible for assistance due to an
14 20 income level consistent with the requirements of this section.
14 21 Any state obligation to provide services pursuant to this
14 22 section is limited to the extent of the funds appropriated in
14 23 this section.
14 24 5. Of the funds appropriated in this section, $636,641 for
14 25 the fiscal year beginning July 1, 1997, and $636,641 for the
14 26 fiscal year beginning July 1, 1998, is allocated for the
14 27 statewide program for child day care resource and referral
14 28 services under section 237A.26.
14 29 6. The department may use any of the funds appropriated in
14 30 this section as a match to obtain federal funds for use in
14 31 expanding child day care assistance and related programs.
14 32 7. For the purposes of expenditures of state and federal
14 33 child day care funding in both fiscal years, funds shall be
14 34 obligated at the time the expenditures are projected.
14 35 Projections shall be based upon current and projected caseload
15 1 growth, current and projected provider rates, staffing
15 2 requirements for eligibility determination and management of
15 3 program requirements, including data systems management,
15 4 staffing requirements for administration of the program,
15 5 contractual and grant obligations and any transfer to other
15 6 state agencies, and obligations for decategorization or
15 7 innovation projects.
15 8 8. During each year of the fiscal biennium beginning July
15 9 1, 1997, the department shall utilize the moneys deposited in
15 10 the child day care credit fund created in section 237A.28 for
15 11 state child care assistance, in addition to the moneys
15 12 appropriated for that purpose in this section.
15 13 9. Of the funds appropriated in this section, $35,000 for
15 14 the fiscal year beginning July 1, 1997, and $35,000 for the
15 15 fiscal year beginning July 1, 1998, are allocated for use by
15 16 the united Mexican-American center in Des Moines for the
15 17 center's child day care program.
15 18 Sec. 8. CHILD SUPPORT RECOVERY. There is appropriated
15 19 from the general fund of the state to the department of human
15 20 services for the fiscal biennium beginning July 1, 1997, and
15 21 ending June 30, 1999, the following amounts, or so much
15 22 thereof as is necessary, to be used for the purposes
15 23 designated:
15 24 For child support recovery, including salaries, support,
15 25 maintenance, and miscellaneous purposes:
15 26 1997-98 FY ....................................... $ 6,610,819
15 27 1998-99 FY ....................................... $ 6,570,819
15 28 1. The director of human services, within the limitations
15 29 of the funds appropriated in this section, or funds
15 30 transferred from the family investment program for this
15 31 purpose, shall establish new positions and add employees to
15 32 the child support recovery unit if the director determines
15 33 that both the current and additional employees together can
15 34 reasonably be expected to maintain or increase net state
15 35 revenue at or beyond the budgeted level. If the director adds
16 1 employees, the department shall demonstrate the cost-
16 2 effectiveness of the current and additional employees by
16 3 reporting to the joint appropriations subcommittee on human
16 4 services the ratio of the total amount of administrative costs
16 5 for child support recoveries to the total amount of the child
16 6 support recovered.
16 7 2. Nonpublic assistance application fees, federal tax
16 8 refund offset fees, and other user fees received by the child
16 9 support recovery unit are appropriated and shall be used for
16 10 the purposes of the child support recovery program. The
16 11 director of human services may add positions if fees,
16 12 including refund offset fees, collected relating to the new
16 13 positions are sufficient to pay the salaries and support for
16 14 the positions. The director shall report any positions added
16 15 pursuant to this subsection to the chairpersons and ranking
16 16 members of the joint appropriations subcommittee on human
16 17 services and the legislative fiscal bureau.
16 18 3. The director of human services, in consultation with
16 19 the department of management and the legislative fiscal
16 20 committee, is authorized to receive and deposit state child
16 21 support incentive earnings in the manner specified under
16 22 applicable federal requirements.
16 23 4. The director of human services may establish new
16 24 positions and add state employees to the child support
16 25 recovery unit if the director determines the employees are
16 26 necessary to replace county-funded positions eliminated due to
16 27 termination, reduction, or nonrenewal of a chapter 28E
16 28 contract. However, the director must also determine that the
16 29 resulting increase in the state share of child support
16 30 recovery incentives exceeds the cost of the positions, the
16 31 positions are necessary to ensure continued federal funding of
16 32 the program, or the new positions can reasonably be expected
16 33 to recover more than twice the amount of money to pay the
16 34 salaries and support for the new positions.
16 35 5. The department shall expend up to $50,000 for the
17 1 fiscal year beginning July 1, 1997, and $50,000 for the fiscal
17 2 year beginning July 1, 1998, including federal financial
17 3 participation, for a child support public awareness campaign.
17 4 The department and the office of the attorney general shall
17 5 cooperate in continuation of the campaign. The public
17 6 awareness campaign shall emphasize, through a variety of media
17 7 activities, the importance of maximum involvement of both
17 8 parents in the lives of their children as well as the
17 9 importance of payment of child support obligations.
17 10 6. The department shall continue the pilot program option
17 11 to provide and supervise a community service pilot project for
17 12 absent parents who are ordered by the court to perform
17 13 community service for failure to pay child support pursuant to
17 14 section 598.23A.
17 15 7. Surcharges paid by obligors and received by the unit as
17 16 a result of the referral of support delinquency by the child
17 17 support recovery unit to any private collection agency are
17 18 appropriated and shall be used to pay the costs of any
17 19 contracts with the collection agencies.
17 20 Sec. 9. JUVENILE INSTITUTIONS. There is appropriated from
17 21 the general fund of the state to the department of human
17 22 services for the fiscal biennium beginning July 1, 1997, and
17 23 ending June 30, 1999, the following amounts, or so much
17 24 thereof as is necessary, to be used for the purposes
17 25 designated:
17 26 For the operation of the state training school and the Iowa
17 27 juvenile home, including salaries, support, maintenance, and
17 28 miscellaneous purposes:
17 29 For the state juvenile institutions:
17 30 1997-98 FY ....................................... $ 13,972,540
17 31 1998-99 FY ....................................... $ 13,964,987
17 32 1. The following amounts of the funds appropriated in this
17 33 section are allocated for the Iowa juvenile home at Toledo:
17 34 1997-98 FY ....................................... $ 5,176,273
17 35 1998-99 FY ....................................... $ 5,168,977
18 1 2. The following amounts of the funds appropriated in this
18 2 section are allocated for the state training school at Eldora:
18 3 1997-98 FY ....................................... $ 8,796,267
18 4 1998-99 FY ....................................... $ 8,796,010
18 5 3. During the fiscal biennium beginning July 1, 1997, the
18 6 population levels at the state juvenile institutions shall not
18 7 exceed the population guidelines established under 1990 Iowa
18 8 Acts, chapter 1239, section 21.
18 9 4. Within the funds appropriated in this section, the
18 10 department may reallocate funds as necessary to best fulfill
18 11 the needs of the institutions provided for in the
18 12 appropriation.
18 13 5. The department shall report to the legislative fiscal
18 14 bureau, on or before the twentieth day of each month, the
18 15 department's current expenditures for the institutions
18 16 receiving allocations under the appropriations. The report
18 17 shall include a comparison of actual to budgeted expenditures
18 18 for each institution.
18 19 Sec. 10. CHILD AND FAMILY SERVICES. There is appropriated
18 20 from the general fund of the state to the department of human
18 21 services for the fiscal biennium beginning July 1, 1997, and
18 22 ending June 30, 1999, the following amounts, or so much
18 23 thereof as is necessary, to be used for the purpose
18 24 designated:
18 25 For child and family services:
18 26 1997-98 FY ....................................... $111,244,095
18 27 1998-99 FY ....................................... $112,239,074
18 28 1. The department may transfer moneys appropriated in this
18 29 section as necessary to pay the nonfederal costs of services
18 30 reimbursed under medical assistance or the family investment
18 31 program which are provided to children who would otherwise
18 32 receive services paid under the appropriation in this section.
18 33 The department may transfer funds appropriated in this section
18 34 to the appropriations in this Act for general administration
18 35 and for field operations for resources necessary to implement
19 1 and operate the services funded in this section.
19 2 2. a. Of the funds appropriated in this section, up to
19 3 $29,008,146 for the fiscal year beginning July 1, 1997, and
19 4 $28,962,428 for the fiscal year beginning July 1, 1998, is
19 5 allocated as the statewide expenditure target under section
19 6 232.143 for group foster care maintenance and services.
19 7 b. The department shall report quarterly to the
19 8 legislative fiscal bureau concerning the status of each
19 9 region's efforts to contain expenditures for group foster care
19 10 placements in accordance with the regional plan established
19 11 pursuant to section 232.143.
19 12 c. The department shall not certify any additional
19 13 enhanced residential treatment beds, unless the director of
19 14 human services approves the beds as necessary, based on the
19 15 type of children to be served and the location of the enhanced
19 16 residential treatment beds.
19 17 d. (1) Of the funds appropriated in this section, not
19 18 more than $5,690,600 for the fiscal year beginning July 1,
19 19 1997, and $5,659,376 for the fiscal year beginning July 1,
19 20 1998, is allocated as the state match funding for psychiatric
19 21 medical institutions for children.
19 22 (2) The department may transfer all or a portion of the
19 23 funds appropriated in this section for psychiatric medical
19 24 institutions for children (PMICs) to the appropriation in this
19 25 Act for medical assistance and may amend the managed mental
19 26 health care contract to include PMICs.
19 27 e. Of the funds allocated in this subsection, not more
19 28 than $1,419,005 for the fiscal year beginning July 1, 1997,
19 29 and $1,416,835 for the fiscal year beginning July 1, 1998, is
19 30 allocated as the state match funding for 50 highly structured
19 31 juvenile program beds.
19 32 3. The department shall establish a goal that not more
19 33 than 15 percent during each fiscal year of the children placed
19 34 in foster care funded under the federal Social Security Act,
19 35 Title IV-E, may be placed in foster care for a period of more
20 1 than 24 months.
20 2 4. In accordance with the provisions of section 232.188,
20 3 the department shall continue the program to decategorize
20 4 child welfare services in additional counties or clusters of
20 5 counties.
20 6 5. The amount of the appropriation made in this section
20 7 available for foster care is based upon a projected number of
20 8 children in foster care who are eligible for federal
20 9 supplemental security income (SSI). Of those funds, the
20 10 department may use up to $200,000 for the fiscal year
20 11 beginning July 1, 1997, and $200,000 for the fiscal year
20 12 beginning July 1, 1998, to enter into a performance-based
20 13 contract to secure SSI benefits for children placed in foster
20 14 care. The contract shall include provisions for training of
20 15 department of human services and juvenile court staff,
20 16 completion of applications, tracking of application results,
20 17 and representation during the appeals process whenever an
20 18 appeal is necessary to secure SSI benefits. If deemed
20 19 beneficial to the department, the contract may be extended for
20 20 up to two years. Notwithstanding section 217.30 and section
20 21 232.2, subsection 11, and any other provision of law to the
20 22 contrary, the director or the director's designee on behalf of
20 23 a child in foster care may release medical, mental health,
20 24 substance abuse, or any other information necessary only to
20 25 determine the child's eligibility for SSI benefits, and may
20 26 sign releases for the information. In the case of a child in
20 27 the custody of juvenile court services, the state court
20 28 administrator or administrator's designee acting on behalf of
20 29 a child in foster care may release medical, mental health,
20 30 substance abuse, or any other information necessary only to
20 31 determine the child's eligibility for SSI benefits, and may
20 32 sign releases for the information. In any release of
20 33 information made pursuant to this subsection, confidentiality
20 34 shall be maintained to the maximum extent possible.
20 35 6. A portion of the funds appropriated in this section may
21 1 be used for emergency family assistance to provide other
21 2 resources required for a family participating in a family
21 3 preservation or reunification project to stay together or to
21 4 be reunified.
21 5 7. Notwithstanding section 234.35, subsection 1, state
21 6 funding for shelter care paid pursuant to section 234.35,
21 7 subsection 1, paragraph "h", shall be limited to $7,403,905
21 8 for the fiscal year beginning July 1, 1997, and $7,400,893 for
21 9 the fiscal year beginning July 1, 1998. The department shall
21 10 develop a formula in consultation with the judicial department
21 11 to allocate shelter care funds to the department's regions.
21 12 The department may adopt emergency rules to implement the
21 13 provisions of this subsection.
21 14 8. Of the funds appropriated in this section, not more
21 15 than $577,128 for the fiscal year beginning July 1, 1997, and
21 16 $577,128 for the fiscal year beginning July 1, 1998, may be
21 17 used to develop and maintain the state's implementation of the
21 18 national adoption and foster care information system pursuant
21 19 to the requirements of Pub. L. No. 99-509. The department may
21 20 transfer funds as necessary from the appropriations in this
21 21 Act for field operations and general administration to
21 22 implement this subsection. Moneys allocated in accordance
21 23 with this subsection shall be considered encumbered for the
21 24 purposes of section 8.33.
21 25 9. Of the funds appropriated in this section, up to
21 26 $777,632 for the fiscal year beginning July 1, 1997, and
21 27 $777,632 for the fiscal year beginning July 1, 1998, may be
21 28 used as determined by the department for any of the following
21 29 purposes:
21 30 a. For general administration of the department to improve
21 31 staff training efforts.
21 32 b. For oversight of termination of parental rights and
21 33 permanency planning efforts on a statewide basis.
21 34 c. For personnel, assigned by the attorney general, to
21 35 provide additional services relating to termination of
22 1 parental rights and child in need of assistance cases.
22 2 d. For specialized permanency planning field operations
22 3 staff.
22 4 10. Of the funds appropriated in this section, up to
22 5 $208,770 for the fiscal year beginning July 1, 1997, and
22 6 $208,770 for the fiscal year beginning July 1, 1998, shall be
22 7 used to continue, in cooperation with providers of children
22 8 and family services, an outcomes-based performance monitoring
22 9 system to evaluate and improve outcomes for children and
22 10 families. The department may adopt administrative rules to
22 11 implement this subsection.
22 12 11. Federal funds received by the state during the fiscal
22 13 years beginning July 1, 1997, and July 1, 1998, as the result
22 14 of the expenditure of state funds appropriated during a
22 15 previous state fiscal year for a service or activity funded
22 16 under this section shall be used as additional funding for
22 17 services provided under this section. Moneys received by the
22 18 department in accordance with the provisions of this section
22 19 shall remain available for the purposes designated until June
22 20 30, 2000.
22 21 12. In each fiscal year, if the department determines that
22 22 sufficient funds are available under the appropriation in this
22 23 section, the department may transfer up to $135,136 to the
22 24 appropriation in this Act for field operations to fund up to
22 25 an addition 5.00 FTEs beyond the authorized limit to respond
22 26 to increased applications resulting from recruitment efforts
22 27 in order to increase the number of adoptions of children with
22 28 special needs.
22 29 Sec. 11. COMMUNITY-BASED PROGRAMS. There is appropriated
22 30 from the general fund of the state to the department of human
22 31 services for the fiscal biennium beginning July 1, 1997, and
22 32 ending June 30, 1999, the following amounts, or so much
22 33 thereof as is necessary, to be used for the purpose
22 34 designated:
22 35 For community-based programs, on the condition that family
23 1 planning services are funded, including salaries, support,
23 2 maintenance, and miscellaneous purposes:
23 3 1997-98 FY ....................................... $ 2,521,508
23 4 1998-99 FY ....................................... $ 2,521,508
23 5 1. Of the funds appropriated in this section, $736,146 for
23 6 the fiscal year beginning July 1, 1997, and $736,146 for the
23 7 fiscal year beginning July 1, 1998, are to be used for
23 8 adolescent pregnancy prevention grants, including not more
23 9 than $156,048 in each fiscal year for programs to prevent
23 10 pregnancy during the adolescent years and to provide support
23 11 services for pregnant or parenting adolescents. Funds may
23 12 also be used in each fiscal year for grant evaluation and for
23 13 a statewide media campaign.
23 14 2. Of the funds appropriated in this section in each
23 15 fiscal year, $298,000 shall be used for grants to community or
23 16 regional groups which demonstrate broad-based representation
23 17 from community representatives including but not limited to
23 18 schools, churches, human service-related organizations, and
23 19 businesses. Priority in the awarding of grants shall be given
23 20 to groups which provide services to both urban and rural areas
23 21 within the proximity of the community or region and which
23 22 provide age-appropriate programs adapted for both male and
23 23 female youth at the elementary, middle, and high school
23 24 levels. A program shall focus on the prevention of initial
23 25 pregnancies during the adolescent years by emphasizing sexual
23 26 abstinence as the only completely safe and effective means of
23 27 avoiding pregnancy and sexually transmitted diseases and by
23 28 providing information regarding the comparative failure rates
23 29 of contraceptives, and by emphasizing responsible decision
23 30 making in relationships, managing of peer and social
23 31 pressures, development of self-esteem, the costs and
23 32 responsibilities of parenting, and information regarding the
23 33 alternative of adoption for placement of a child. The program
23 34 shall also include an evaluation and assessment component
23 35 which includes evaluation of and recommendations for
24 1 improvement of the program by the youth and parents involved.
24 2 Evaluation and assessment reports shall be provided to the
24 3 department of human services, at a time determined by the
24 4 department in the grant award. Community or regional groups
24 5 interested in applying for a grant under this subsection may
24 6 be issued a planning grant or may utilize grant moneys for the
24 7 costs of technical assistance to analyze community needs,
24 8 match service providers to needs, negotiate service provision
24 9 strategies, or other assistance to focus grant services
24 10 provided under this subsection. The technical assistance may
24 11 be provided by organizations affiliated with institutions
24 12 under the authority of the state board of regents or other
24 13 organizations experienced in providing technical assistance
24 14 concerning similar services.
24 15 3. Of the funds appropriated in this section, $731,014 for
24 16 the fiscal year beginning July 1, 1997, and $731,014 for the
24 17 fiscal year beginning July 1, 1998, shall be used by the
24 18 department for child abuse prevention grants.
24 19 Sec. 12. COURT-ORDERED SERVICES PROVIDED TO JUVENILES.
24 20 There is appropriated from the general fund of the state to
24 21 the department of human services for the fiscal biennium
24 22 beginning July 1, 1997, and ending June 30, 1999, the
24 23 following amounts, or so much thereof as is necessary, to be
24 24 used for the purpose designated:
24 25 Payment of the expenses of court-ordered services provided
24 26 to juveniles which are a charge upon the state pursuant to
24 27 section 232.141, subsection 4:
24 28 1997-98 FY ....................................... $ 3,090,000
24 29 1998-99 FY ....................................... $ 3,090,000
24 30 1. Notwithstanding section 232.141 or any other provision
24 31 of law, the funds appropriated in this section shall be
24 32 allocated to the judicial districts as determined by the state
24 33 court administrator. The state court administrator shall make
24 34 the determination on the allocations on or before June 15 of
24 35 each fiscal year.
25 1 2. a. Each judicial district shall continue the planning
25 2 group for the court-ordered services for juveniles provided in
25 3 that district which was established pursuant to 1991 Iowa
25 4 Acts, chapter 267, section 119. A planning group shall
25 5 continue to perform its duties as specified in that law.
25 6 Reimbursement rates for providers of court-ordered evaluation
25 7 and treatment services paid under section 232.141, subsection
25 8 4, shall be negotiated with providers by each judicial
25 9 district's planning group.
25 10 b. Each district planning group shall submit an annual
25 11 report in January to the state court administrator and the
25 12 department of human services. The report shall cover the
25 13 preceding fiscal year and shall include a preliminary report
25 14 on the current fiscal year. The administrator and the
25 15 department shall compile these reports and submit the reports
25 16 to the chairpersons and ranking members of the joint
25 17 appropriations subcommittee on human services and the
25 18 legislative fiscal bureau.
25 19 3. The department of human services shall develop policies
25 20 and procedures to ensure that the funds appropriated in this
25 21 section are spent only after all other reasonable actions have
25 22 been taken to utilize other funding sources and community-
25 23 based services. The policies and procedures shall be designed
25 24 to achieve the following objectives relating to services
25 25 provided under chapter 232:
25 26 a. Maximize the utilization of funds which may be
25 27 available from the medical assistance program including usage
25 28 of the early and periodic screening, diagnosis, and treatment
25 29 (EPSDT) program.
25 30 b. Recover payments from any third-party insurance carrier
25 31 which is liable for coverage of the services, including health
25 32 insurance coverage.
25 33 c. Pursue development of agreements with regularly
25 34 utilized out-of-state service providers which are intended to
25 35 reduce per diem costs paid to those providers.
26 1 4. The department of human services, in consultation with
26 2 the state court administrator and the judicial district
26 3 planning groups, shall compile a monthly report describing
26 4 spending in the districts for court-ordered services for
26 5 juveniles, including the utilization of the medical assistance
26 6 program. The reports shall be submitted on or before the
26 7 twentieth day of each month to the chairpersons and ranking
26 8 members of the joint appropriations subcommittee on human
26 9 services and the legislative fiscal bureau.
26 10 5. Notwithstanding chapter 232 or any other provision of
26 11 law, a district or juvenile court in a department of human
26 12 services district shall not order any service which is a
26 13 charge upon the state pursuant to section 232.141 if there are
26 14 insufficient court-ordered services funds available in the
26 15 district allocation to pay for the service. The chief
26 16 juvenile court officer shall work with the judicial district
26 17 planning group to encourage use of the funds appropriated in
26 18 this section such that there are sufficient funds to pay for
26 19 all court-related services during the entire biennium. The
26 20 eight chief juvenile court officers shall attempt to
26 21 anticipate potential surpluses and shortfalls in the
26 22 allocations and shall cooperatively request the state court
26 23 administrator to transfer funds between the districts'
26 24 allocations as prudent.
26 25 6. Notwithstanding any provision of law to the contrary, a
26 26 district or juvenile court shall not order a county to pay for
26 27 any service provided to a juvenile pursuant to an order
26 28 entered under chapter 232 which is a charge upon the state
26 29 under section 232.141, subsection 4.
26 30 7. Of the funds appropriated in this section, not more
26 31 than $100,000 for the fiscal year beginning July 1, 1997, and
26 32 $100,000 for the fiscal year beginning July 1, 1998, may be
26 33 used by the judicial department for administration of the
26 34 requirements under this section and for travel associated with
26 35 court-ordered placements which are a charge upon the state
27 1 pursuant to section 232.141, subsection 4.
27 2 8. Of the funds appropriated in this section, not more
27 3 than $480,000 for the fiscal year beginning July 1, 1997, and
27 4 $480,000 for the fiscal year beginning July 1, 1998, may be
27 5 transferred to the appropriation in this Act for child and
27 6 family services and used to provide school-based supervision
27 7 of children adjudicated under chapter 232.
27 8 Sec. 13. MENTAL HEALTH INSTITUTES. There is appropriated
27 9 from the general fund of the state to the department of human
27 10 services for the fiscal biennium beginning July 1, 1997, and
27 11 ending June 30, 1999, the following amounts, or so much
27 12 thereof as is necessary, to be used for the purposes
27 13 designated:
27 14 For the state mental health institutes for salaries,
27 15 support, maintenance, and miscellaneous purposes:
27 16 1997-98 FY ....................................... $ 41,681,122
27 17 1998-99 FY ....................................... $ 41,730,122
27 18 1. The funds appropriated in this section are allocated as
27 19 follows:
27 20 a. State mental health institute at Cherokee:
27 21 1997-98 FY ....................................... $ 13,399,487
27 22 1998-99 FY ....................................... $ 13,443,370
27 23 b. State mental health institute at Clarinda:
27 24 1997-98 FY ....................................... $ 6,324,477
27 25 1998-99 FY ....................................... $ 6,325,099
27 26 c. State mental health institute at Independence:
27 27 1997-98 FY ....................................... $ 17,133,232
27 28 1998-99 FY ....................................... $ 17,138,666
27 29 d. State mental health institute at Mount Pleasant:
27 30 1997-98 FY ....................................... $ 4,823,926
27 31 1998-99 FY ....................................... $ 4,822,987
27 32 2. Within the funds appropriated in this section, the
27 33 department may reallocate funds as necessary to best fulfill
27 34 the needs of the institutions provided for in the
27 35 appropriation.
28 1 Sec. 14. HOSPITAL-SCHOOLS. There is appropriated from the
28 2 general fund of the state to the department of human services
28 3 for the fiscal biennium beginning July 1, 1997, and ending
28 4 June 30, 1999, the following amounts, or so much thereof as is
28 5 necessary, to be used for the purposes designated:
28 6 For the state hospital-schools, for salaries, support,
28 7 maintenance, and miscellaneous purposes:
28 8 1997-98 FY ....................................... $ 61,570,160
28 9 1998-99 FY ....................................... $ 61,571,714
28 10 1. The funds appropriated in this section are allocated as
28 11 follows:
28 12 a. State hospital-school at Glenwood:
28 13 1997-98 FY ....................................... $ 35,064,982
28 14 1998-99 FY ....................................... $ 35,063,690
28 15 b. State hospital-school at Woodward:
28 16 1997-98 FY ....................................... $ 26,505,178
28 17 1998-99 FY ....................................... $ 26,508,024
28 18 2. Within the funds appropriated in this section, the
28 19 department may reallocate funds as necessary to best fulfill
28 20 the needs of the institutions provided for in the
28 21 appropriation.
28 22 Sec. 15. MENTAL ILLNESS SPECIAL SERVICES. There is
28 23 appropriated from the general fund of the state to the
28 24 department of human services for the fiscal biennium beginning
28 25 July 1, 1997, and ending June 30, 1999, the following amounts,
28 26 or so much thereof as is necessary, to be used for the purpose
28 27 designated:
28 28 For mental illness special services:
28 29 1997-98 FY ....................................... $ 121,220
28 30 1998-99 FY ....................................... $ 121,220
28 31 1. The department and the Iowa finance authority shall
28 32 explore methods to implement financing for the development of
28 33 affordable community-based housing. As the housing is
28 34 developed, the department shall assure that clients are
28 35 referred to the housing.
29 1 2. The funds appropriated in this section are to provide
29 2 funds to develop community living arrangements for persons
29 3 with mental illness who are homeless. These funds may be used
29 4 to match federal Stewart B. McKinney Homeless Assistance Act
29 5 grant funds.
29 6 Sec. 16. FAMILY SUPPORT SUBSIDY PROGRAM. There is
29 7 appropriated from the general fund of the state to the
29 8 department of human services for the fiscal biennium beginning
29 9 July 1, 1997, and ending June 30, 1999, the following amounts,
29 10 or so much thereof as is necessary, to be used for the purpose
29 11 designated:
29 12 For the family support subsidy program:
29 13 1997-98 FY ....................................... $ 1,374,956
29 14 1998-99 FY ....................................... $ 1,374,956
29 15 The division of mental health and developmental
29 16 disabilities shall utilize not more than $200,000 for the
29 17 fiscal year beginning July 1, 1997, and $200,000 for the
29 18 fiscal year beginning July 1, 1998, of the funds appropriated
29 19 in this section to continue the pilot project of the children-
29 20 at-home component under the comprehensive family support
29 21 program in at least one rural and one urban county. Not more
29 22 than $50,000 of the funds allocated in this paragraph shall be
29 23 used for administrative costs in any fiscal year.
29 24 Sec. 17. SPECIAL NEEDS GRANTS. There is appropriated from
29 25 the general fund of the state to the department of human
29 26 services for the fiscal biennium beginning July 1, 1997, and
29 27 ending June 30, 1999, the following amounts, or so much
29 28 thereof as is necessary, to be used for the purpose
29 29 designated:
29 30 To provide special needs grants to families with a family
29 31 member at home who has a developmental disability or to a
29 32 person with a developmental disability:
29 33 1997-98 FY ....................................... $ 53,212
29 34 1998-99 FY ....................................... $ 53,212
29 35 Grants must be used by a family to defray special costs of
30 1 caring for the family member to prevent out-of-home placement
30 2 of the family member or to provide for independent living
30 3 costs. The grants may be administered by a private nonprofit
30 4 agency which serves people statewide provided that no
30 5 administrative costs are received by the agency. Regular
30 6 reports regarding the special needs grants with the family
30 7 support subsidy program and an annual report concerning the
30 8 characteristics of the grantees shall be provided to the
30 9 legislative fiscal bureau.
30 10 Sec. 18. MI/MR/DD STATE CASES. There is appropriated from
30 11 the general fund of the state to the department of human
30 12 services for the fiscal biennium beginning July 1, 1997, and
30 13 ending June 30, 1999, the following amounts, or so much
30 14 thereof as is necessary, to be used for the purposes
30 15 designated:
30 16 For purchase of local services for persons with mental
30 17 illness, mental retardation, and developmental disabilities
30 18 where the person receiving services has no established county
30 19 of legal settlement:
30 20 1997-98 FY ....................................... $ 7,380,000
30 21 1998-99 FY ....................................... $ 8,410,000
30 22 If a county has a county management plan which is approved
30 23 by the director of human services pursuant to section 331.439,
30 24 the services paid for under this section are exempt from the
30 25 department's purchase of service system requirements. The
30 26 department shall adopt rules to implement the provisions of
30 27 this paragraph.
30 28 Sec. 19. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES –
30 29 COMMUNITY SERVICES FUND. There is appropriated from the
30 30 general fund of the state to the mental health and
30 31 developmental disabilities communities services fund created
30 32 in section 225C.7 for the fiscal biennium beginning July 1,
30 33 1997, and ending June 30, 1999, the following amounts, or so
30 34 much thereof as is necessary, to be used for the purpose
30 35 designated:
31 1 For mental health and developmental disabilities community
31 2 services in accordance with the provisions of this Act:
31 3 1997-98 FY ....................................... $ 17,400,000
31 4 1998-99 FY ....................................... $ 17,400,000
31 5 1. Of the funds appropriated in this section, $17,121,138
31 6 for the fiscal year beginning July 1, 1997, and $17,121,138
31 7 for the fiscal year beginning July 1, 1998, shall be allocated
31 8 to counties for funding of community-based mental health and
31 9 developmental disabilities services. The moneys shall be
31 10 allocated to a county as follows:
31 11 a. Fifty percent based upon the county's proportion of the
31 12 state's population of persons with an annual income which is
31 13 equal to or less than the poverty guideline established by the
31 14 federal office of management and budget.
31 15 b. Fifty percent based upon the county's proportion of the
31 16 state's general population.
31 17 2. A county shall utilize the funding the county receives
31 18 pursuant to subsection 1 for services described in the
31 19 county's approved county management plan required under
31 20 section 331.439.
31 21 3. Of the funds appropriated in this section, $30,000 for
31 22 the fiscal year beginning July 1, 1997, and $30,000 for the
31 23 fiscal year beginning July 1, 1998, shall be used to support
31 24 the Iowa compass program providing computerized information
31 25 and referral services for Iowans with disabilities and their
31 26 families.
31 27 4. a. Funding from the federal social services block
31 28 grant in the amount specified in the appropriation of the
31 29 funds and as provided in this Act, is allocated for
31 30 distribution to counties for local purchase of services for
31 31 persons with mental illness or mental retardation or other
31 32 developmental disability.
31 33 b. The funds allocated in this subsection shall be
31 34 expended by counties in accordance with eligibility guidelines
31 35 established in the department's rules outlining general
32 1 provisions for service administration. Services eligible for
32 2 payment with funds allocated in this subsection are limited to
32 3 any of the following which are provided in accordance with the
32 4 department's administrative rules for the services: adult
32 5 support, adult day care, administrative support for
32 6 volunteers, community supervised apartment living
32 7 arrangements, residential services for adults, sheltered work,
32 8 supported employment, supported work training, transportation,
32 9 and work activity.
32 10 c. In purchasing services with funds allocated in this
32 11 subsection, a county shall designate a person to provide for
32 12 eligibility determination and development of a case plan for
32 13 individuals for whom the services are purchased. The
32 14 designated person shall be a medical assistance case manager
32 15 serving the person's county of residence. If an individual
32 16 does not have a case manager, the individual's eligibility
32 17 shall be determined by a social services caseworker of the
32 18 department serving the individual's county of residence. The
32 19 case plan shall be developed in accordance with the
32 20 department's rules outlining general provisions for service
32 21 administration.
32 22 d. Services purchased with funds allocated in this
32 23 subsection must be the result of a referral by the person who
32 24 identified the services in developing the individual's case
32 25 plan.
32 26 e. Services purchased with funds allocated in this
32 27 subsection must be under a purchase of service contract
32 28 established in accordance with the department's administrative
32 29 rules for purchase of service.
32 30 f. The funds provided by this subsection shall be
32 31 allocated to each county as follows:
32 32 (1) Fifty percent based upon the county's proportion of
32 33 the state's population of persons with an annual income which
32 34 is equal to or less than the poverty guideline established by
32 35 the federal office of management and budget.
33 1 (2) Fifty percent based upon the amount provided to the
33 2 county for local purchase services in the preceding fiscal
33 3 year.
33 4 g. Each county shall submit to the department a plan for
33 5 funding of the services eligible for payment under this
33 6 subsection. The plan may provide for allocation of the funds
33 7 for one or more of the eligible services. The plan shall
33 8 identify the funding amount the county allocates for each
33 9 service and the time period for which the funding will be
33 10 available. Only those services which have funding allocated
33 11 in the plan are eligible for payment with funds provided in
33 12 this subsection.
33 13 h. A county shall provide advance notice to the individual
33 14 receiving services, the service provider, and the person
33 15 responsible for developing the case plan of the date the
33 16 county determines that funding will no longer be available for
33 17 a service.
33 18 i. The moneys provided under this subsection do not
33 19 establish an entitlement to the services funded under this
33 20 subsection.
33 21 5. Of the funds allocated in subsection 1, not more than
33 22 $248,862 for the fiscal year beginning July 1, 1997, and
33 23 $248,862 for the fiscal year beginning July 1, 1998, shall be
33 24 provided to those counties having supplemental per diem
33 25 contracts in effect on June 30, 1997, and June 30, 1998. The
33 26 amount provided to each county shall be equal to the amount
33 27 the county would be eligible to receive under the supplemental
33 28 per diem contracts in effect on June 30, 1997, and on June 30,
33 29 1998, respectively, if the contracts were continued in effect
33 30 for the entire fiscal year beginning July 1, 1997, and July 1,
33 31 1998, respectively.
33 32 6. If a county has a county management plan which is
33 33 approved by the director of human services pursuant to section
33 34 331.439, the county shall be considered to have met the
33 35 requirements of subsection 4, paragraphs "b", "c", "d", "e",
34 1 and "g". The department shall adopt rules to implement the
34 2 provisions of this subsection.
34 3 Sec. 20. PERSONAL ASSISTANCE – FAMILY SUPPORT. There is
34 4 appropriated from the general fund of the state to the
34 5 department of human services for the fiscal biennium beginning
34 6 July 1, 1997, and ending June 30, 1999, the following amounts,
34 7 or so much thereof as is necessary, to be used for the purpose
34 8 designated:
34 9 For continuation of a pilot project for the personal
34 10 assistance services program in accordance with this section:
34 11 1997-98 FY ....................................... $ 364,000
34 12 1998-99 FY ....................................... $ 364,000
34 13 A portion of the funds may be used for costs to develop a
34 14 federal home and community-based waiver under the medical
34 15 assistance program for persons with physical disabilities or
34 16 other expenditures necessary to develop the personal
34 17 assistance program in the most appropriate and cost-effective
34 18 manner. However, not more than $50,000 in each fiscal year
34 19 shall be used for administrative costs. The pilot project and
34 20 the waiver shall not be implemented in a manner that would
34 21 require additional county or state costs for assistance
34 22 provided to an individual served under the pilot project or
34 23 the waiver.
34 24 Sec. 21. FIELD OPERATIONS. There is appropriated from the
34 25 general fund of the state to the department of human services
34 26 for the fiscal biennium beginning July 1, 1997, and ending
34 27 June 30, 1999, the following amounts, or so much thereof as is
34 28 necessary, to be used for the purpose designated:
34 29 For field operations, including salaries, support,
34 30 maintenance, and miscellaneous purposes:
34 31 1997-98 FY ....................................... $ 47,512,240
34 32 1998-99 FY ....................................... $ 47,454,597
34 33 Sec. 22. GENERAL ADMINISTRATION. There is appropriated
34 34 from the general fund of the state to the department of human
34 35 services for the fiscal biennium beginning July 1, 1997, and
35 1 ending June 30, 1999, the following amounts, or so much
35 2 thereof as is necessary, to be used for the purpose
35 3 designated:
35 4 For general administration, including salaries, support,
35 5 maintenance, and miscellaneous purposes:
35 6 1997-98 FY ....................................... $ 14,266,111
35 7 1998-99 FY ....................................... $ 13,513,947
35 8 1. Of the funds appropriated in this section, $57,090 for
35 9 the fiscal year beginning July 1, 1997, and $57,090 for the
35 10 fiscal year beginning July 1, 1998, is allocated for the
35 11 prevention of disabilities policy council established in
35 12 section 225B.3.
35 13 2. a. The department may make changes to the requirements
35 14 for periodic reporting by participants under the family
35 15 investment program, food stamp program, or medical assistance
35 16 program if the changes would result in a reduction in
35 17 paperwork for the participants and for department staff. If a
35 18 federal waiver is necessary to implement a change, the
35 19 department may submit the waiver request to the United States
35 20 departments of health and human services and agriculture, as
35 21 applicable. If the department elects to submit a waiver
35 22 request or to adopt rules to implement a change under this
35 23 paragraph, the department shall first consult with a group
35 24 similar to the work group that considered the state human
35 25 investment policy proposal or with a successor interagency
35 26 task force which makes recommendations concerning the family
35 27 investment program, and shall share the proposals with the
35 28 chairpersons and ranking members of the committees on human
35 29 resources of the senate and house of representatives.
35 30 b. If implementation of the request would result in
35 31 increased federal funding and would permit greater flexibility
35 32 in service funding, the department may submit a waiver request
35 33 to the United States department of health and human services
35 34 for Title IV-E funding to be provided to the state in a fixed
35 35 amount. Prior to submission of the request, the department
36 1 shall consult with representatives of the juvenile court and
36 2 service providers.
36 3 Sec. 23. VOLUNTEERS. There is appropriated from the
36 4 general fund of the state to the department of human services
36 5 for the fiscal biennium beginning July 1, 1997, and ending
36 6 June 30, 1999, the following amounts, or so much thereof as is
36 7 necessary, to be used for the purpose designated:
36 8 For development and coordination of volunteer services:
36 9 1997-98 FY ....................................... $ 98,900
36 10 1998-99 FY ....................................... $ 98,900
36 11 Sec. 24. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
36 12 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
36 13 DEPARTMENT OF HUMAN SERVICES.
36 14 1. a. For the fiscal biennium beginning July 1, 1997,
36 15 skilled nursing facilities shall be increased by 3.3 percent
36 16 over the rates in effect on June 30, 1997.
36 17 b. For the fiscal biennium beginning July 1, 1997, the
36 18 dispensing fee for pharmacists shall remain at the rate in
36 19 effect on June 30, 1997. The reimbursement policy for drug
36 20 product costs shall be in accordance with federal
36 21 requirements.
36 22 c. For the fiscal biennium beginning July 1, 1997,
36 23 reimbursement rates for inpatient and outpatient hospital
36 24 services shall be increased by 2.8 percent over the rates in
36 25 effect on June 30, 1997. The department shall continue the
36 26 outpatient hospital reimbursement system based upon ambulatory
36 27 patient groups implemented pursuant to 1994 Iowa Acts, chapter
36 28 1186, section 25, subsection 1, paragraph "f". In addition,
36 29 the department shall continue the revised medical assistance
36 30 payment policy implemented pursuant to that paragraph to
36 31 provide reimbursement for costs of screening and treatment
36 32 provided in the hospital emergency room if made pursuant to
36 33 the prospective payment methodology developed by the
36 34 department for the payment of outpatient services provided
36 35 under the medical assistance program.
37 1 d. Reimbursement rates for rural health clinics shall be
37 2 increased in accordance with increases under the federal
37 3 Medicare program.
37 4 e. Home health agencies certified for the federal Medicare
37 5 program, hospice services, and acute care mental hospitals
37 6 shall be reimbursed for their current federal Medicare audited
37 7 costs.
37 8 f. The basis for establishing the maximum medical
37 9 assistance reimbursement rate for nursing facilities shall be
37 10 the 70th percentile of facility costs as calculated from the
37 11 June 30, 1997, unaudited compilation of cost and statistical
37 12 data. However, to the extent funds are available within the
37 13 amount projected for reimbursement of nursing facilities
37 14 within the appropriation for medical assistance in this Act
37 15 for fiscal year beginning July 1, 1997, and within the
37 16 appropriation for medical assistance as a whole for fiscal
37 17 year beginning July 1, 1997, the department shall adjust the
37 18 maximum medical assistance reimbursement for nursing
37 19 facilities to the 70th percentile, as calculated on December
37 20 31, 1997, unaudited compilation of cost and statistical data
37 21 and the adjustment shall take effect January 1, 1998.
37 22 g. Federally qualified health centers shall be reimbursed
37 23 at 100 percent of reasonable costs as determined by the
37 24 department in accordance with federal requirements.
37 25 2. For the fiscal year beginning July 1, 1997, the maximum
37 26 cost reimbursement rate for residential care facilities
37 27 reimbursed by the department shall be $22.20 per day. The
37 28 flat reimbursement rate for facilities electing not to file
37 29 semiannual cost reports shall be $15.88 per day. For the
37 30 fiscal biennium beginning July 1, 1997, the maximum
37 31 reimbursement rate for providers reimbursed under the in-home
37 32 health-related care program shall be $426.78 per month.
37 33 3. Unless otherwise directed in this section, when the
37 34 department's reimbursement methodology for any provider
37 35 reimbursed in accordance with this section includes an
38 1 inflation factor, this factor shall not exceed the amount by
38 2 which the consumer price index for all urban consumers
38 3 increased during the calendar year ending December 31, 1996.
38 4 4. a. Notwithstanding section 234.38, in the fiscal year
38 5 beginning July 1, 1997, the foster family basic daily
38 6 maintenance rate and the maximum adoption subsidy rate for
38 7 children ages 0 through 5 years shall be $13.01, the rate for
38 8 children ages 6 through 11 years shall be $13.77, the rate for
38 9 children ages 12 through 15 years shall be $15.48, and the
38 10 rate for children ages 16 and older shall be $15.47.
38 11 b. Notwithstanding section 234.38, in the fiscal year
38 12 beginning July 1, 1998, the foster family basic daily
38 13 maintenance rate and the maximum adoption subsidy rate for
38 14 children ages 0 through 5 years shall be $13.40, the rate for
38 15 children ages 6 through 11 years shall be $14.18, the rate for
38 16 children ages 12 through 15 years shall be $15.94, and the
38 17 rate for children ages 16 and older shall be $15.93.
38 18 5. For the fiscal biennium beginning July 1, 1997, the
38 19 maximum reimbursement rates for nonrehabilitative treatment
38 20 and supportive services and for social service providers shall
38 21 be the same as the rates in effect on June 30, 1997, except
38 22 under any of the following circumstances:
38 23 a. If a new service was added after June 30, 1997, the
38 24 initial reimbursement rate for the service shall be based upon
38 25 actual and allowable costs.
38 26 b. If a social service provider loses a source of income
38 27 used to determine the reimbursement rate for the provider, the
38 28 provider's reimbursement rate may be adjusted to reflect the
38 29 loss of income, provided that the lost income was used to
38 30 support actual and allowable costs of a service purchased
38 31 under a purchase of service contract.
38 32 c. The department revises the reimbursement rates as part
38 33 of the changes in the mental health and developmental
38 34 disabilities services system initiated pursuant to 1995 Iowa
38 35 Acts, chapter 206, and associated legislation.
39 1 6. The group foster care reimbursement rates paid for
39 2 placement of children out-of-state shall be calculated
39 3 according to the same rate-setting principles as those used
39 4 for in-state providers unless the director determines that
39 5 appropriate care cannot be provided within the state.
39 6 7. For the fiscal biennium beginning July 1, 1997, the
39 7 combined service and maintenance components of the
39 8 reimbursement rate paid to a shelter care provider shall be
39 9 based on the cost report submitted to the department. The
39 10 maximum reimbursement rate shall be $76.61 per day. If the
39 11 department would reimburse the provider at less than the
39 12 maximum rate but the provider's cost report justifies a rate
39 13 of at least $76.61, the department shall readjust the
39 14 provider's reimbursement rate to the maximum reimbursement
39 15 rate.
39 16 8. For the fiscal biennium beginning July 1, 1997, the
39 17 department shall calculate reimbursement rates for
39 18 intermediate care facilities for persons with mental
39 19 retardation at the 80th percentile.
39 20 9. For the fiscal biennium beginning July 1, 1997, for
39 21 child day care providers, the department may set provider
39 22 reimbursement rates based on the rate reimbursement survey
39 23 completed in December 1996. The department may provide
39 24 incentives for a nonregistered provider to become registered.
39 25 10. The department may adopt emergency rules to implement
39 26 the provisions of this section.
39 27 Sec. 25. STATE INSTITUTIONS – CLOSINGS, REDUCTIONS, AND
39 28 BILLING PRACTICES.
39 29 1. If a state institution administered by the department
39 30 of human services is to be closed or reduced in size, prior to
39 31 the closing or reduction the department shall initiate and
39 32 coordinate efforts in cooperation with the Iowa department of
39 33 economic development to develop new jobs in the area in which
39 34 the state institution is located. In addition, the department
39 35 may take other actions to utilize any closed unit or other
40 1 facilities and services of an institution, including but not
40 2 limited to assisting public or private organizations in
40 3 utilizing the services and facilities. The actions may also
40 4 include assisting an organization with remodeling and lease
40 5 costs by forgiving future rental or lease payments to the
40 6 extent necessary for a period not to exceed five years. The
40 7 department of human services and the department of economic
40 8 development shall submit a joint report to the chairpersons
40 9 and ranking members of the joint appropriations subcommittee
40 10 on human services on or before January 2, 1998, regarding any
40 11 efforts made pursuant to this subsection.
40 12 2. For purposes of this section, "state institution" means
40 13 a state mental health institute, a state hospital-school, the
40 14 state training school, and the Iowa juvenile home under the
40 15 authority of the department of human services listed in
40 16 section 218.1. If excess capacity exists at a state
40 17 institution beyond the capacity required for placements at the
40 18 institution under law, the department of human services may
40 19 enter into a contract with a managed care provider or an
40 20 organized delivery system for health care, to provide services
40 21 during the fiscal year at the institution for the plan or
40 22 system.
40 23 Sec. 26. EMERGENCY RULES. If specifically authorized by a
40 24 provision of this Act, the department of human services or the
40 25 mental health and mental retardation commission may adopt
40 26 administrative rules under section 17A.4, subsection 2, and
40 27 section 17A.5, subsection 2, paragraph "b", to implement the
40 28 provisions and the rules shall become effective immediately
40 29 upon filing, unless a later effective date is specified in the
40 30 rules. In addition, the department may adopt administrative
40 31 rules in accordance with the provisions of this section as
40 32 necessary to comply with federal requirements. Any rules
40 33 adopted in accordance with the provisions of this section
40 34 shall also be published as notice of intended action as
40 35 provided in section 17A.4.
41 1 Sec. 27. DEPARTMENT OF INSPECTIONS AND APPEALS. There is
41 2 appropriated from the general fund of the state to the
41 3 department of inspections and appeals for the fiscal biennium
41 4 beginning July 1, 1997, and ending June 30, 1999, the
41 5 following amounts, or so much thereof as is necessary, for the
41 6 purposes designated:
41 7 STATE FOSTER CARE REVIEW BOARD
41 8 For salaries, support, maintenance, and miscellaneous
41 9 purposes:
41 10 1997-98 FY ....................................... $ 554,407
41 11 1998-99 FY ....................................... $ 554,400
41 12 The department of human services, in coordination with the
41 13 state foster care review board and the department of
41 14 inspections and appeals, shall submit an application for
41 15 funding available pursuant to Title IV-E of the federal Social
41 16 Security Act for claims for foster care review board
41 17 administrative costs.
41 18 Sec. 28. Section 232.142, subsection 3, Code 1997, is
41 19 amended by striking the subsection.
41 20 Sec. 29. STATE MANDATE INAPPLICABLE. Section 25B.2,
41 21 subsection 3, shall not apply to section 28 of this Act,
41 22 striking subsection 3 of section 232.142.
41 23 Sec. 30. EFFECTIVE DATE. The following provisions of this
41 24 Act, being deemed of immediate importance, take effect upon
41 25 enactment:
41 26 1. Section 1, subsection 8, relating to the allocation of
41 27 moneys appropriated for child care assistance in fiscal year
41 28 1996-1997.
41 29 2. Section 1, subsection 9, relating to assigned child
41 30 support.
41 31 EXPLANATION
41 32 This bill makes appropriations for the 1997-1998 fiscal
41 33 year and the 1998-1999 fiscal year to the department of human
41 34 services, prevention of disabilities policy council, and state
41 35 foster care review board of the department of inspections and
42 1 appeals, for human services and health care programs.
42 2 The bill includes an amendment striking Code section
42 3 232.142, subsection 3. The stricken provision requires the
42 4 payment of state financial aid to counties for the costs of
42 5 county and multi-county juvenile detention and shelter care
42 6 homes. The amount of state aid is required to be at least 10
42 7 percent and not more than 50 percent of the cost. The effect
42 8 of the stricken provision may be to impose a state mandate as
42 9 defined in chapter 25B. The bill provides that Code section
42 10 25B.2, subsection 3, relating to state funding of a state
42 11 mandate, does not apply.
42 12 LSB 1076XG 77
42 13 jp/eb/24.5
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