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PAG LIN 1 1 SENATE FILE 2410 1 2 1 3 AN ACT 1 4 RELATING TO APPROPRIATIONS FOR THE DEPARTMENT OF HUMAN 1 5 SERVICES AND THE PREVENTION OF DISABILITIES POLICY 1 6 COUNCIL AND INCLUDING OTHER PROVISIONS AND APPROPRIATIONS 1 7 INVOLVING HUMAN SERVICES AND HEALTH CARE, AND PROVIDING 1 8 EFFECTIVE DATES AND A RETROACTIVE APPLICABILITY PROVISION. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 DIVISION I – APPROPRIATIONS 1 13 Section 1. SOCIAL SERVICES BLOCK GRANT SUPPLEMENTATION. 1 14 There is appropriated from the fund created in section 8.41 to 1 15 the department of human services for the fiscal year beginning 1 16 July 1, 1997, and ending June 30, 1998, from moneys received 1 17 under the federal temporary assistance for needy families 1 18 block grant, the following amount, or so much thereof as is 1 19 necessary, to be used for the purposes designated: 1 20 For supplementation of the federal social services block 1 21 grant appropriation in 1997 Iowa Acts, chapter 202, section 1 22 12, due to the federal reduction in this block grant and the 1 23 corresponding decrease pursuant to 1997 Iowa Acts, chapter 1 24 202, section 16: 1 25 .................................................. $ 682,194 1 26 The moneys appropriated in this section are allocated for 1 27 the indicated programs and functions within the department as 1 28 follows: 1 29 1. General administration: 1 30 .................................................. $ 43,379 1 31 2. Field operations: 1 32 .................................................. $ 259,455 1 33 3. Child and family services: 1 34 .................................................. $ 38,808 1 35 4. Local administrative costs and other local services: 2 1 .................................................. $ 27,517 2 2 5. Volunteers: 2 3 .................................................. $ 3,007 2 4 6. Community-based services: 2 5 .................................................. $ 3,458 2 6 7. MH/MR/DD/BI community services (local purchase): 2 7 .................................................. $ 306,570 2 8 Sec. 2. EARLY CHILDHOOD. There is appropriated from the 2 9 fund created in section 8.41 to the department of human 2 10 services for the fiscal year beginning July 1, 1998, and 2 11 ending June 30, 1999, the fiscal year beginning July 1, 1999, 2 12 and ending June 30, 2000, the fiscal year beginning July 1, 2 13 2000, and ending June 30, 2001, and the fiscal year beginning 2 14 July 1, 2001, and ending June 30, 2002, from moneys received 2 15 under the federal temporary assistance for needy families 2 16 block grant, the following amount, or so much thereof as is 2 17 necessary in each of the indicated fiscal years, to be used 2 18 for the purpose designated: 2 19 For funding of community-based programs targeted to 2 20 children from birth through five years of age, developed by 2 21 community empowerment areas: 2 22 .................................................. $ 3,800,000 2 23 1. The department may transfer federal temporary 2 24 assistance for needy families block grant funding allocated in 2 25 this section to the child care and development block grant in 2 26 accordance with federal law as necessary to comply with the 2 27 provisions of this section. The funding shall then be 2 28 provided to community empowerment areas for the fiscal year 2 29 beginning July 1, 1998, in accordance with all of the 2 30 following: 2 31 a. The area must be approved as a community empowerment 2 32 area by the Iowa empowerment board. 2 33 b. The maximum funding amount a community empowerment area 2 34 is eligible to receive shall be determined by applying the 2 35 area's percentage of the state's average monthly family 3 1 investment program population in the preceding fiscal year to 3 2 the total amount appropriated in this section for fiscal year 3 3 1998-1999. If the community empowerment board's request for 3 4 funding is received by the Iowa empowerment board on or after 3 5 August 1, 1998, the maximum funding amount shall be prorated 3 6 for the fiscal year and rounded up to the nearest full month. 3 7 c. A community empowerment area receiving funding shall 3 8 comply with any federal reporting requirements associated with 3 9 the use of that funding and other results and reporting 3 10 requirements established by the Iowa empowerment board. The 3 11 department shall provide technical assistance in identifying 3 12 and meeting the federal requirements. 3 13 d. The availability of funding provided under this section 3 14 is subject to changes in federal requirements and amendments 3 15 to Iowa law. 3 16 2. Moneys appropriated in this section shall be used by 3 17 communities for the purposes of enhancing quality child day 3 18 care capacity in support of parent capability to obtain or 3 19 retain employment. The moneys shall be used with a primary 3 20 emphasis on low-income families and children from birth to 3 21 five years of age. Moneys shall be provided in a flexible 3 22 manner to communities, and shall be used to implement 3 23 strategies identified by the communities to achieve such 3 24 purposes. The strategies may include but are not limited to 3 25 developing capacity for regular child day care, sick child 3 26 care, night shifts child care, and emergency child care; 3 27 enhancing linkages between the head start and early head start 3 28 programs, early childhood development programs, and child day 3 29 care assistance programs; and implementing other strategies to 3 30 enhance access to child day care. The moneys may be used to 3 31 either build capacity or for support of ongoing efforts. In 3 32 addition to the full-time equivalent positions authorized in 3 33 this Act, 1.00 FTE is authorized and the department may use up 3 34 to $50,000 for provision of technical assistance and other 3 35 support to communities developing and implementing strategies 4 1 with moneys appropriated in this section. 4 2 3. Moneys appropriated in this section which are not 4 3 distributed to a community empowerment area or otherwise 4 4 remain unobligated or unexpended at the end of the fiscal year 4 5 shall revert to the fund created in section 8.41 to be 4 6 available for appropriation by the general assembly in a 4 7 subsequent fiscal year. 4 8 Sec. 3. FAMILY INVESTMENT PROGRAM GENERAL FUND. There is 4 9 appropriated from the general fund of the state to the 4 10 department of human services for the fiscal year beginning 4 11 July 1, 1998, and ending June 30, 1999, the following amount, 4 12 or so much thereof as is necessary, to be used for the purpose 4 13 designated: 4 14 To be credited to the family investment program account and 4 15 used for family investment program assistance under chapter 4 16 239B: 4 17 .................................................. $ 31,420,000 4 18 1. The department of workforce development, in 4 19 consultation with the department of human services, shall 4 20 continue to utilize recruitment and employment practices to 4 21 include former and current family investment program 4 22 recipients. The department of workforce development shall 4 23 submit a report of the practices utilized and the results of 4 24 the utilization to the general assembly by January 1, 1999. 4 25 2. It is the intent of the general assembly that the 4 26 department of human services shall continue to work with the 4 27 department of workforce development and local community 4 28 collaborative efforts to provide support services for family 4 29 investment program participants. The support services shall 4 30 be directed to those participant families who would benefit 4 31 from the support services and are likely to have success in 4 32 achieving economic independence. 4 33 3. Of the funds appropriated in this section, $9,564,352 4 34 is allocated for the JOBS program. 4 35 4. The department shall continue to work with religious 5 1 organizations and other charitable institutions to increase 5 2 the availability of host homes, referred to as second chance 5 3 homes or other living arrangements under the federal Personal 5 4 Responsibility and Work Opportunity Reconciliation Act of 5 5 1996, Pub. L. No. 104-193, } 103. The purpose of the homes or 5 6 arrangements is to provide a supportive and supervised living 5 7 arrangement for minor parents receiving assistance under the 5 8 family investment program who, under chapter 239B, may receive 5 9 assistance while living in an alternative setting other than 5 10 with their parent or legal guardian. 5 11 Sec. 4. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 5 12 GRANT. There is appropriated from the fund created in section 5 13 8.41 to the department of human services for the fiscal year 5 14 beginning July 1, 1998, and ending June 30, 1999, from moneys 5 15 received under the federal temporary assistance for needy 5 16 families block grant pursuant to the federal Personal 5 17 Responsibility and Work Opportunity Reconciliation Act of 5 18 1996, Pub. L. No. 104-193, which are federally appropriated 5 19 for the federal fiscal years beginning October 1, 1996, and 5 20 ending September 30, 1997, beginning October 1, 1997, and 5 21 ending September 30, 1998, and beginning October 1, 1998, and 5 22 ending September 30, 1999, the following amounts, or so much 5 23 thereof as is necessary, to be used for the purposes 5 24 designated: 5 25 Moneys appropriated in this section shall be used in 5 26 accordance with the federal law making the funds available, 5 27 applicable Iowa law, appropriations made from the general fund 5 28 of the state in this Act for the purpose designated, and 5 29 administrative rules adopted to implement the federal and Iowa 5 30 law. If actual federal revenues credited to the fund created 5 31 in section 8.41 through June 30, 1999, are less than the 5 32 amounts appropriated in this section, the amounts appropriated 5 33 shall be reduced proportionately and the department may reduce 5 34 expenditures as deemed necessary by the department to meet the 5 35 reduced funding level: 6 1 1. To be credited to the family investment program account 6 2 and used for assistance under the family investment program 6 3 under chapter 239B: 6 4 .................................................. $ 65,125,688 6 5 2. To be credited to the family investment program account 6 6 and used for the job opportunities and basic skills (JOBS) 6 7 program, and implementing family investment agreements, in 6 8 accordance with chapter 239B: 6 9 .................................................. $ 19,480,113 6 10 3. For field operations: 6 11 .................................................. $ 10,579,210 6 12 4. For general administration: 6 13 .................................................. $ 2,844,612 6 14 5. For local administrative costs: 6 15 .................................................. $ 1,904,371 6 16 6. For state child care assistance: 6 17 .................................................. $ 7,214,089 6 18 7. For emergency assistance: 6 19 .................................................. $ 2,557,000 6 20 8. For mental health and developmental disabilities 6 21 community services: 6 22 .................................................. $ 1,913,592 6 23 9. For child and family services: 6 24 .................................................. $ 22,587,871 6 25 10. For pregnancy prevention grants on the condition that 6 26 family planning services are funded: 6 27 .................................................. $ 1,536,938 6 28 11. For technology needs and other resources necessary to 6 29 meet federal welfare reform reporting, tracking, and case 6 30 management requirements: 6 31 .................................................. $ 1,000,000 6 32 12. For supervised community treatment under child and 6 33 family services: 6 34 .................................................. $ 300,000 6 35 13. For volunteers: 7 1 .................................................. $ 18,771 7 2 The department shall report quarterly, any changes in 7 3 allocations of temporary assistance for needy families moneys, 7 4 to the legislative fiscal bureau and to the chairpersons and 7 5 ranking members of the joint appropriations subcommittee on 7 6 human services. 7 7 Sec. 5. FAMILY INVESTMENT PROGRAM ACCOUNT. 7 8 1. Moneys credited to the family investment program (FIP) 7 9 account for the fiscal year beginning July 1, 1998, and ending 7 10 June 30, 1999, shall be used in accordance with the following 7 11 requirements: 7 12 a. The department shall provide assistance in accordance 7 13 with chapter 239B. 7 14 b. The department shall continue the special needs program 7 15 under the family investment program. 7 16 c. The department shall implement federal welfare reform 7 17 data requirements pursuant to the appropriations made for that 7 18 purpose. 7 19 d. The department shall continue expansion of the 7 20 electronic benefit transfer program as necessary to comply 7 21 with federal requirements. The target date for statewide 7 22 implementation of the program is July 1, 2000. The department 7 23 shall establish a cost-sharing policy with participants that 7 24 guarantees at least four free transactions per month for 7 25 participants' FIP account, unlimited free transactions for the 7 26 participants' food stamp account as required by federal law, 7 27 and at least one free electronic benefit transfer card 7 28 replacement per six month period if a replacement is 7 29 necessary. The department shall submit a progress report of 7 30 the program to the general assembly by January 1, 1999. The 7 31 report shall include a summary of the implementation plan for 7 32 mandatory statewide usage of the electronic benefit transfer 7 33 program, including timelines, projected costs and projected 7 34 savings. If legislation is enacted by the Seventy-seventh 7 35 General Assembly, 1998 Session, establishing fee payments to 8 1 any retailers who participate in the electronic benefit 8 2 transfer program, the report shall include a projection of the 8 3 costs of the fee payments and a projection of savings to the 8 4 department in each of the state fiscal years beginning July 1, 8 5 1999, 2000, 2001, and 2002, and an updated comparison of fees 8 6 being paid in other states. Notwithstanding any other 8 7 legislation enacted by the Seventy-seventh General Assembly, 8 8 1998 Session, any retailer fees established shall not apply to 8 9 any electronic benefit transfer pilot project until such time 8 10 as the department begins implementation of the electronic 8 11 benefit transfer program to counties in addition to the pilot 8 12 project counties. An acquirer's fee for each transaction 8 13 shall also not apply to any electronic benefit transfer pilot 8 14 project until such time as the department begins 8 15 implementation of the electronic benefit transfer program to 8 16 counties in addition to the pilot project counties. 8 17 e. The department shall continue to conduct an evaluation 8 18 of the welfare reform program and child well-being provisions 8 19 to measure the program's effectiveness, impacts on children 8 20 and families, and impacts across programs, and to identify 8 21 effective strategies. 8 22 f. The department shall continue to contract for services 8 23 in developing and monitoring an entrepreneurial training 8 24 program to provide technical assistance to families which 8 25 receive assistance under the family investment program. 8 26 g. For family investment agreements entered into on or 8 27 after July 1, 1996, the maximum allowable time period for 8 28 supported postsecondary education is limited to a total of 8 29 twenty-four months. The twenty-four-month allowance shall 8 30 only be available for a period of thirty-six consecutive 8 31 months. 8 32 2. The department may transfer funds in accordance with 8 33 section 8.39, either federal or state, to or from the child 8 34 day care appropriations made for the fiscal year beginning 8 35 July 1, 1998, if the department deems this would be a more 9 1 effective method of paying for JOBS program child care, to 9 2 maximize federal funding, or to meet federal maintenance of 9 3 effort requirements. 9 4 3. Moneys appropriated in this Act and credited to the 9 5 family investment program account for the fiscal year 9 6 beginning July 1, 1998, and ending June 30, 1999, are 9 7 allocated as follows: 9 8 a. For the food stamp employment and training program: 9 9 .................................................. $ 129,985 9 10 b. For the family development and self-sufficiency grant 9 11 program as provided under section 217.12: 9 12 .................................................. $ 5,197,825 9 13 (1) Of the funds allocated for the family development and 9 14 self-sufficiency grant program in this lettered paragraph, not 9 15 more than 5 percent of the funds shall be used for the 9 16 administration of the grant program. 9 17 (2) Based upon the annual evaluation report concerning 9 18 each grantee funded by previously appropriated funds and 9 19 through the solicitation of additional grant proposals, the 9 20 family development and self-sufficiency council may use the 9 21 allocated funds to renew or expand existing grants or award 9 22 new grants. In utilizing the increased funding to expand the 9 23 program, the council shall give consideration, in addition to 9 24 other criteria established by the council, to a grant 9 25 proposal's intended use of local funds with a grant and to 9 26 whether a grant proposal would expand the availability of the 9 27 program's services to a wider geographic area. 9 28 (3) Family development and self-sufficiency grantees shall 9 29 not supplant previous local funding with state or federal 9 30 funds. 9 31 (4) The department and the family development and self- 9 32 sufficiency council shall identify a limited number of 9 33 consistent performance measures to be tracked at both the 9 34 grantee and the statewide levels. These performance measures 9 35 shall be incorporated into grantee contracts awarded on or 10 1 after July 1, 1998, and shall include at least two measures 10 2 relating to FIP usage, at least two measures relating to 10 3 family stability or family structure, at least two measures 10 4 relating to participant employment, and other measures deemed 10 5 appropriate by the department and the council. A grantee may 10 6 also identify additional measures if the grantee believes 10 7 additional measures will provide important information for 10 8 public policy decisions. The council may also establish and 10 9 track other measures that the council determines are necessary 10 10 for making public policy decisions. The performance measures 10 11 identified pursuant to this subparagraph shall be designed to 10 12 reinforce the goal of supporting families in moving into 10 13 employment and away from welfare dependency. The department 10 14 and the family development and self-sufficiency council shall 10 15 also identify existing performance measures reported by 10 16 grantees that can be eliminated and shall take steps to 10 17 simplify and streamline existing reporting requirements. Any 10 18 performance measures established pursuant to this paragraph 10 19 shall be reported to the general assembly for purposes of 10 20 determining the effectiveness of the grant program. 10 21 (5) The family development and self-sufficiency grant 10 22 program shall be implemented statewide during FY 1998-1999. 10 23 c. For income maintenance reengineering: 10 24 .................................................. $ 200,000 10 25 d. For an employer verification pilot project: 10 26 .................................................. $ 50,000 10 27 The department may streamline and simplify the employer 10 28 verification process for applicants, participants, and 10 29 employers in the administration of the department's programs. 10 30 The department may contract with companies collecting data 10 31 from employers when the information is needed in the 10 32 administration of these programs. The department may limit 10 33 the availability of the initiative on the basis of geographic 10 34 area or number of individuals. The department shall submit a 10 35 report by January 15, 1999, regarding the potential benefits 11 1 of expanding the initiative. 11 2 e. For the diversion program and incentive grants as 11 3 follows: 11 4 (1) For the diversion subaccount of the family investment 11 5 program account: 11 6 .................................................. $ 2,700,000 11 7 Moneys allocated to the diversion subaccount shall be used 11 8 to continue the pilot initiative of providing incentives to 11 9 assist families who meet income eligibility requirements for 11 10 the family investment program in obtaining or retaining 11 11 employment, to assist participant families in overcoming 11 12 barriers to obtaining employment, and to assist families in 11 13 stabilizing employment and in reducing the likelihood of the 11 14 family returning to the family investment program. Incentives 11 15 may be provided in the form of payment or services. The 11 16 department may limit the availability of the pilot initiative 11 17 on the basis of geographic area or numbers of individuals 11 18 provided with incentives. The department shall attempt to 11 19 assess and screen individuals who would most likely benefit 11 20 from the services. The department shall expand the diversion 11 21 initiative beginning in the fiscal year 1998-1999. In 11 22 addition to the full-time equivalent positions authorized in 11 23 this Act, 1.00 FTE is authorized and the department may use up 11 24 to $50,000 to facilitate community investment in welfare 11 25 reform and to support expansion of the diversion program. The 11 26 department may grant diversion moneys to the level of the 11 27 entity operating an initiative. The department may adopt 11 28 additional eligibility criteria as necessary for compliance 11 29 with federal law and for screening those families who would be 11 30 most likely to become eligible for the family investment 11 31 program if diversion incentives would not be provided. 11 32 (2) For implementation of innovative strategies on a 11 33 statewide or pilot project basis for supporting job retention, 11 34 family structure, or both, including services to noncustodial 11 35 parents and young parents. The department shall consult with 12 1 members of the joint appropriations subcommittee on human 12 2 services, designated by the subcommittee co-chairpersons and 12 3 ranking members, concerning development of the strategies in 12 4 advance of implementation: 12 5 .................................................. $ 500,000 12 6 (3) Of the moneys allocated in subparagraph (2), not more 12 7 than $50,000 shall be used to develop at least one community- 12 8 level parental obligation pilot project. A pilot project 12 9 shall be operated with the goal of assisting parents who are 12 10 living apart in meeting their parental obligations and in 12 11 supporting their children. Any pilot project shall maximize 12 12 the use of existing community resources for family counseling, 12 13 legal services, job training and job skills development, 12 14 substance abuse treatment and prevention, health maintenance, 12 15 and personal mentoring. Local communities shall also be 12 16 encouraged to provide financial resources. 12 17 (a) Notwithstanding any other provision of law to the 12 18 contrary, the department shall develop procedures for the 12 19 pilot projects to expedite all of the following: 12 20 (i) The establishment and adjustment of support 12 21 obligations, with the consent of both parents, in a manner 12 22 which may deviate from the child support guidelines. 12 23 (ii) Changes in income withholding orders based on 12 24 individual case circumstances. 12 25 (iii) Satisfaction of a portion of support amounts owed to 12 26 the state based on cooperation and compliance by the 12 27 noncustodial parent with project requirements. 12 28 (iv) Adjustment of visitation and shared custody 12 29 arrangements in a manner which enhances the ability of each 12 30 parent to meet parental obligations. 12 31 (b) The department shall adopt rules for the development, 12 32 operation, and monitoring of a project; to establish the 12 33 minimum required amount of community support; to establish 12 34 expedited procedures; and to establish other criteria and 12 35 procedures as appropriate. 13 1 (c) The department shall use the funds authorized in this 13 2 subparagraph to employ one full-time equivalent position to 13 3 manage the pilot project or projects. The department shall 13 4 also use the authorized funds to employ other full-time 13 5 equivalent positions, as necessary, to assist in the 13 6 coordination, development, and operation of community-level 13 7 pilot projects and to achieve the expedited procedures 13 8 established. Any full-time equivalent positions authorized in 13 9 this subparagraph subdivision are in addition to any other 13 10 full-time equivalent positions authorized by law. 13 11 (4) Of the moneys allocated in subparagraph (2), not more 13 12 than $200,000 shall be used to conduct a study of the impact 13 13 that moving unemployed family investment program parents into 13 14 employment has on the well-being of the children, the parent, 13 15 and the family. The department shall include in this well- 13 16 being study a method of actual contact with the families and 13 17 children, and shall consider broad-based impacts, such as 13 18 educational achievement, health status, housing stability, 13 19 family stability, and use of supportive social services. The 13 20 department shall also seek funding through foundations and the 13 21 federal government in order to supplement the funding for this 13 22 study. The results of the study shall be submitted to the 13 23 persons required by this Act to receive reports. 13 24 (5) Of the moneys allocated in subsection (2), not more 13 25 than $100,000 shall be used for providing additional incentive 13 26 payments to contracted agencies who demonstrate success at 13 27 completing well-being visits for families terminated from the 13 28 family investment program under a limited benefit plan. The 13 29 department shall use these funds to increase payments to 13 30 agencies who complete a higher percentage of well-being 13 31 visits, who achieve a significant percentage of visits in a 13 32 face-to-face format, or who are able to observe and interact 13 33 with the children during a significant percentage of visits. 13 34 f. For implementation of the domestic violence option in 13 35 accordance with the provisions of the division of this Act 14 1 providing for that purpose and for awareness training: 14 2 .................................................. $ 25,000 14 3 4. Of the child support collections assigned under the 14 4 family investment program, an amount equal to the federal 14 5 share of support collections shall be credited to the child 14 6 support recovery appropriation. The remainder of the assigned 14 7 child support collections and the state share of incentives 14 8 received by the child support recovery unit shall be credited 14 9 to the family investment program account. 14 10 5. Effective July 1, 1998, the department shall 14 11 discontinue payment of the first $50 of the assigned child 14 12 support collected by the department. A participant shall be 14 13 entitled to any rebate of assigned support that should have 14 14 been paid for June 1998 or earlier even though the rebate 14 15 payment may not be authorized or paid until July 1, 1998, or 14 16 after. The department may adopt emergency rules to implement 14 17 this subsection. 14 18 6. The department may adopt emergency administrative rules 14 19 for the family investment, food stamp, and medical assistance 14 20 programs, if necessary, to comply with federal requirements. 14 21 Prior to adoption of the rules, the department shall consult 14 22 with the welfare reform council and the chairpersons and 14 23 ranking members of the joint appropriations subcommittee on 14 24 human services. 14 25 7. Notwithstanding 1997 Iowa Acts, chapter 208, section 3, 14 26 subsection 9, moneys appropriated to the department of human 14 27 services in 1995 Iowa Acts, chapter 220, section 11, for 14 28 purposes of costs associated with the development of the X- 14 29 PERT computer system shall not revert at the close of the 14 30 fiscal year beginning July 1, 1997, but shall remain available 14 31 for the purpose designated, including but not limited to case 14 32 conversion activities, until the close of the fiscal year 14 33 beginning July 1, 1998. 14 34 Sec. 6. EMERGENCY ASSISTANCE. There is appropriated from 14 35 the general fund of the state to the department of human 15 1 services for the fiscal year beginning July 1, 1998, and 15 2 ending June 30, 1999, the following amount, or so much thereof 15 3 as is necessary, to be used for the purpose designated: 15 4 For emergency assistance to families with dependent 15 5 children for homeless prevention programs: 15 6 .................................................. $ 10,000 15 7 1. The emergency assistance provided for in this section 15 8 and federal moneys appropriated for this purpose in this Act 15 9 shall be available beginning October 1 of the fiscal year and 15 10 shall be provided only if all other publicly funded resources 15 11 have been exhausted. Specifically, emergency assistance is 15 12 the program of last resort and shall not supplant assistance 15 13 provided by the low-income home energy assistance program 15 14 (LIHEAP), county general relief, and veterans affairs 15 15 programs. The department shall establish a $500 maximum 15 16 payment, per family, in a twelve-month period. The emergency 15 17 assistance includes, but is not limited to, assisting people 15 18 who face eviction, potential eviction, or foreclosure, utility 15 19 shutoff or fuel shortage, loss of heating energy supply or 15 20 equipment, homelessness, utility or rental deposits, or other 15 21 specified crisis which threatens family or living 15 22 arrangements. The emergency assistance shall be available to 15 23 migrant families who would otherwise meet eligibility 15 24 criteria. The department may contract for the administration 15 25 and delivery of the program. The program shall be terminated 15 26 when funds are exhausted. 15 27 2. For the fiscal year beginning July 1, 1998, the 15 28 department shall continue the process for the state to receive 15 29 refunds of rent deposits for emergency assistance recipients 15 30 which were paid by persons other than the state. The refunds 15 31 received by the department under this subsection shall be 15 32 deposited with the moneys of the appropriation made in this 15 33 section and used as additional funds for the emergency 15 34 assistance program. Notwithstanding section 8.33, moneys 15 35 received by the department under this subsection which remain 16 1 after the emergency assistance program is terminated and state 16 2 moneys in the emergency assistance account which remain 16 3 unobligated or unexpended at the close of the fiscal year 16 4 shall not revert to the general fund of the state but shall 16 5 remain available for expenditure when the program resumes 16 6 operation on October 1 in the succeeding fiscal year. 16 7 3. Of the funds appropriated in this section, $10,000 is 16 8 allocated to the community voice mail program to continue the 16 9 existing program. The funds shall be made available beginning 16 10 July 1, 1998. 16 11 Sec. 7. MEDICAL ASSISTANCE. There is appropriated from 16 12 the general fund of the state to the department of human 16 13 services for the fiscal year beginning July 1, 1998, and 16 14 ending June 30, 1999, the following amount, or so much thereof 16 15 as is necessary, to be used for the purpose designated: 16 16 For medical assistance, including reimbursement for 16 17 abortion services, which shall be available under the medical 16 18 assistance program only for those abortions which are 16 19 medically necessary: 16 20 .................................................. $385,513,305 16 21 1. Medically necessary abortions are those performed under 16 22 any of the following conditions: 16 23 a. The attending physician certifies that continuing the 16 24 pregnancy would endanger the life of the pregnant woman. 16 25 b. The attending physician certifies that the fetus is 16 26 physically deformed, mentally deficient, or afflicted with a 16 27 congenital illness. 16 28 c. The pregnancy is the result of a rape which is reported 16 29 within 45 days of the incident to a law enforcement agency or 16 30 public or private health agency which may include a family 16 31 physician. 16 32 d. The pregnancy is the result of incest which is reported 16 33 within 150 days of the incident to a law enforcement agency or 16 34 public or private health agency which may include a family 16 35 physician. 17 1 e. Any spontaneous abortion, commonly known as a 17 2 miscarriage, if not all of the products of conception are 17 3 expelled. 17 4 2. Notwithstanding section 8.39, the department may 17 5 transfer funds appropriated in this section to a separate 17 6 account established in the department's case management unit 17 7 for expenditures required to provide case management services 17 8 for mental health, mental retardation, and developmental 17 9 disabilities services under medical assistance which are 17 10 jointly funded by the state and county, pending final 17 11 settlement of the expenditures. Funds received by the case 17 12 management unit in settlement of the expenditures shall be 17 13 used to replace the transferred funds and are available for 17 14 the purposes for which the funds were appropriated in this 17 15 section. 17 16 3. a. The county of legal settlement shall be billed for 17 17 50 percent of the nonfederal share of the cost of case 17 18 management provided for adults, day treatment, and partial 17 19 hospitalization in accordance with sections 249A.26 and 17 20 249A.27, and 100 percent of the nonfederal share of the cost 17 21 of care for adults which is reimbursed under a federally 17 22 approved home and community-based waiver that would otherwise 17 23 be approved for provision in an intermediate care facility for 17 24 persons with mental retardation, provided under the medical 17 25 assistance program. The state shall have responsibility for 17 26 the remaining 50 percent of the nonfederal share of the cost 17 27 of case management provided for adults, day treatment, and 17 28 partial hospitalization. For persons without a county of 17 29 legal settlement, the state shall have responsibility for 100 17 30 percent of the nonfederal share of the costs of case 17 31 management provided for adults, day treatment, partial 17 32 hospitalization, and the home and community-based waiver 17 33 services. The case management services specified in this 17 34 subsection shall be billed to a county only if the services 17 35 are provided outside of a managed care contract. 18 1 b. The state shall pay the entire nonfederal share of the 18 2 costs for case management services provided to persons 17 18 3 years of age and younger who are served in a medical 18 4 assistance home and community-based waiver program for persons 18 5 with mental retardation. 18 6 c. Medical assistance funding for case management services 18 7 for eligible persons 17 years of age and younger shall also be 18 8 provided to persons residing in counties with child welfare 18 9 decategorization projects implemented in accordance with 18 10 section 232.188, provided these projects have included these 18 11 persons in their service plan and the decategorization project 18 12 county is willing to provide the nonfederal share of costs. 18 13 d. When paying the necessary and legal expenses of 18 14 intermediate care facilities for persons with mental 18 15 retardation (ICFMR), the cost payment requirements of section 18 16 222.60 shall be considered fulfilled when payment is made in 18 17 accordance with the medical assistance payment rates 18 18 established for ICFMRs by the department and the state or a 18 19 county of legal settlement is not obligated for any amount in 18 20 excess of the rates. 18 21 4. a. The department shall proceed with a request for 18 22 proposals for managed behavioral health care, including 18 23 substance abuse care, without inclusion of rehabilitative 18 24 treatment and support (RTS) services for medical assistance- 18 25 eligible children, psychiatric medical institutions for 18 26 children (PMICs) for mental health, or the preauthorization 18 27 process of clinical assessment and consultation teams (CACT) 18 28 for RTS services and the Iowa foundation for medical care for 18 29 PMICs. In addition, the request for proposals may include 18 30 coverage of persons with mental illness for whom payment for 18 31 services is the responsibility of the state, known as "state 18 32 cases". The state cases coverage shall include all services 18 33 for persons with mental illness included in the county 18 34 management plans approved under section 331.439. The 18 35 financial criteria used to determine eligibility for the state 19 1 cases coverage shall not be more stringent than the financial 19 2 criteria used by the county of residence of the person with 19 3 mental illness. The contractor's denial of payment for 19 4 services provided to a person with mental illness for whom 19 5 payment for the services is a state responsibility does not 19 6 create a payment responsibility for a county. The department 19 7 shall consult with the chairpersons and ranking members of the 19 8 joint appropriations subcommittee on human services in 19 9 developing the request for proposals and in evaluating the 19 10 responses. Notwithstanding the provisions of this Act and 19 11 section 249A.26, requiring counties to pay all or part of the 19 12 nonfederal share of certain services provided to persons with 19 13 disabilities under the medical assistance program, the state 19 14 shall pay 100 percent of the nonfederal share of any services 19 15 included in the plan implemented pursuant to this subsection. 19 16 b. If authorized by the legislative council, the child 19 17 welfare services work group created by the legislative council 19 18 in November 1997 shall continue meeting to develop capitation 19 19 alternatives and consider accountability from a managed system 19 20 of care, and shall submit recommendations to the general 19 21 assembly and to the co-chairpersons and ranking members of the 19 22 joint appropriations subcommittee on human services by January 19 23 1, 1999. The department shall provide not more than $50,000 19 24 in funding for administrative expenses, ongoing expenses, 19 25 consultation costs, and other support of the work group. 19 26 5. The department shall utilize not more than $60,000 of 19 27 the funds appropriated in this section to continue the 19 28 AIDS/HIV health insurance premium payment program as 19 29 established in 1992 Iowa Acts, Second Extraordinary Session, 19 30 Chapter 1001, section 409, subsection 6. Of the funds 19 31 allocated in this subsection, not more than $5,000 may be 19 32 expended for administrative purposes. 19 33 6. Of the funds appropriated to the Iowa department of 19 34 public health for substance abuse grants, $950,000 for the 19 35 fiscal year beginning July 1, 1998, shall be transferred to 20 1 the department of human services for an integrated substance 20 2 abuse managed care system. 20 3 7. The department shall aggressively implement the medical 20 4 assistance home and community-based waiver for persons with 20 5 physical disabilities as a means to further develop the 20 6 personal assistance services program under section 225C.46. 20 7 The waiver shall be limited in application to persons with 20 8 physical disabilities who reside in a medical institution at 20 9 the time of applying for assistance. The base number of 20 10 persons to be served under this waiver at any one time is 35. 20 11 In addition, a maximum of ten persons with physical 20 12 disabilities who are at imminent risk of placement in a 20 13 medical institution shall be approved for waiver services. 20 14 8. The department of human services, in consultation with 20 15 the Iowa department of public health and the department of 20 16 education, shall continue the program to utilize the early and 20 17 periodic screening, diagnosis, and treatment (EPSDT) funding 20 18 under medical assistance, to the extent possible, to implement 20 19 the screening component of the EPSDT program through the 20 20 school system. The department may enter into contracts to 20 21 utilize maternal and child health centers, the public health 20 22 nursing program, or school nurses in implementing this 20 23 provision. 20 24 9. The department shall continue the case study for 20 25 outcome-based performance standards for programs serving 20 26 persons with mental retardation or other developmental 20 27 disabilities proposed pursuant to 1994 Iowa Acts, chapter 20 28 1170, section 56. The department shall adopt rules applicable 20 29 to the programs included in the case study, request a waiver 20 30 of applicable federal requirements, and take other actions 20 31 deemed necessary by the department to continue the case study. 20 32 10. Contingent upon receiving federal approval, the 20 33 department shall develop and implement a medical assistance 20 34 home and community-based services waiver to allow children 20 35 with mental retardation, who would otherwise require ICF/MR 21 1 care, to be served in out-of-home settings of up to eight beds 21 2 which meet standards established by the department. Initially 21 3 the waiver shall be designed to provide 100 service slots. 21 4 11. The department may establish up to 30 psychiatric 21 5 medical institution for children (PMIC) beds at the state 21 6 mental health institute at Independence. 21 7 12. The department shall reinstate the employment earnings 21 8 disregard eliminated by 1997 Iowa Acts, chapter 41, section 21 9 35, only if the disregard must be reinstated for the medical 21 10 assistance program to assure federal funding under Title XIX 21 11 or Title XXI of the federal Social Security Act. In 21 12 reinstating the disregard, the department may simplify 21 13 policies if the simplification can be accomplished within the 21 14 existing department budget. The department may adopt 21 15 emergency rules in order to implement the provisions of this 21 16 subsection. If the disregard is reinstated, the department 21 17 shall submit for consideration during the 1999 legislative 21 18 session, proposed legislation under section 2.16 for 21 19 codification of the disregard. 21 20 13. Effective July 1, 1998, contingent upon receiving 21 21 federal approval, the department shall revise the home and 21 22 community-based services waiver provision which requires that 21 23 an individual must have previously resided in an intermediate 21 24 care facility for persons with mental retardation in order to 21 25 receive supported employment and other services under the 21 26 waiver. The revision shall allow a person with mental 21 27 retardation to receive supported employment and other services 21 28 under the waiver if this option is cost effective as compared 21 29 to other service options available to that person. The 21 30 department shall adopt emergency rules to implement the 21 31 provisions of this subsection. 21 32 14. If approved by the federal government, adult 21 33 residential environments licensed as intermediate or 21 34 residential care facilities for persons with mental 21 35 retardation using a campus or village setting approach, in not 22 1 more than three counties, may convert to a residential program 22 2 under the provisions of a medical assistance home and 22 3 community-based services waiver for persons with mental 22 4 retardation, provided the adult residential environments meet 22 5 all of the following requirements: 22 6 a. The intermediate or residential care facility for 22 7 persons with mental retardation license is surrendered. 22 8 b. The environment's bed capacity is reduced by at least 22 9 twenty-five percent to a maximum capacity of no more than 22 10 twelve beds. 22 11 c. The environment submits a five-year plan for further 22 12 bed capacity reduction to the department of human services and 22 13 the plan is acceptable to the department of human services. 22 14 The director of human services may authorize reimbursement 22 15 of the costs of environments converted in accordance with this 22 16 subsection from moneys appropriated for state supplementary 22 17 assistance at a rate which does not exceed the maximum allowed 22 18 for a residential program under state supplementary assistance 22 19 requirements. The departments of human services and 22 20 inspections and appeals shall develop standards and a 22 21 monitoring process for environments converted under this 22 22 subsection. If the provisions of this subsection are 22 23 implemented, the department of human services shall submit 22 24 amendments to the general assembly in accordance with section 22 25 2.16 to codify the provisions. 22 26 Sec. 8. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There 22 27 is appropriated from the general fund of the state to the 22 28 department of human services for the fiscal year beginning 22 29 July 1, 1998, and ending June 30, 1999, the following amount, 22 30 or so much thereof as is necessary, to be used for the purpose 22 31 designated: 22 32 For administration of the health insurance premium payment 22 33 program, including salaries, support, maintenance, and 22 34 miscellaneous purposes: 22 35 .................................................. $ 392,000 23 1 ............................................... FTEs 17.00 23 2 Sec. 9. CHILD HEALTH CARE PROGRAM. There is appropriated 23 3 from the general fund of the state to the department of human 23 4 services for the fiscal year beginning July 1, 1998, and 23 5 ending June 30, 1999, the following amount, or so much thereof 23 6 as is necessary, to be used for the purpose designated: 23 7 For maintenance of the child health care program as 23 8 authorized by state law for receipt of federal financial 23 9 participation under Title XXI of the federal Social Security 23 10 Act, which creates the state children's health insurance 23 11 program, including salaries, support benefits, outreach, 23 12 maintenance, and miscellaneous purposes: 23 13 .................................................. $ 7,000,000 23 14 The department may transfer funds appropriated in this Act 23 15 for medical assistance to be used for the purpose of expanding 23 16 health care coverage to children. Notwithstanding section 23 17 8.33, moneys appropriated in this section of this Act which 23 18 remain unobligated at the close of the fiscal year shall not 23 19 revert but shall remain available for allocation in the 23 20 succeeding fiscal year. The department shall provide periodic 23 21 updates of expenditures of funds appropriated under this 23 22 section to the general assembly. The department, in 23 23 consultation with the board established for the child health 23 24 care program, shall develop and utilize an application form, 23 25 which does not exceed two pages in length, for coordination of 23 26 the child health care program and the medical assistance 23 27 program. The department may adopt emergency rules to 23 28 implement the provisions of this section. 23 29 Sec. 10. MEDICAL CONTRACTS. There is appropriated from 23 30 the general fund of the state to the department of human 23 31 services for the fiscal year beginning July 1, 1998, and 23 32 ending June 30, 1999, the following amount, or so much thereof 23 33 as is necessary, to be used for the purpose designated: 23 34 For medical contracts: 23 35 .................................................. $ 7,357,150 24 1 1. Notwithstanding 1997 Iowa Acts, chapter 208, section 7, 24 2 subsection 1, the department shall establish a task force to 24 3 conduct a review of the prior authorization and prospective 24 4 drug utilization review systems. The task force shall submit 24 5 a report, including any recommendations for modifications of 24 6 these systems, to the general assembly by January 1, 1999. 24 7 Members of the task force shall include one representative of 24 8 the department of human services, one representative of the 24 9 drug utilization review commission, two pharmacists, two 24 10 physicians, two representatives of academia, and two 24 11 representatives of the pharmaceutical industry. Prior to 24 12 submission of the report, the task force shall receive input 24 13 concerning the recommendations and findings from interested 24 14 legislators convened by the co-chairpersons of the joint 24 15 appropriations subcommittee on human services. 24 16 2. The department shall not expand the requirement of drug 24 17 prior authorization without prior approval of the general 24 18 assembly except to require prior authorization of an 24 19 equivalent of a prescription drug which is subject to prior 24 20 authorization as of June 30, 1998. 24 21 3. a. Of the funds appropriated in this section, up to 24 22 $130,000 may be used by the department to fund a pilot project 24 23 to develop recruitment and retention strategies and to provide 24 24 additional training and support for nurse aides, employed by 24 25 nursing facilities, as a means of reducing staff turnover. 24 26 b. The department shall contract with an agency or 24 27 organization whose primary purpose is the improvement of the 24 28 nurse aide profession, in partnership with community colleges 24 29 and other professional providers, to provide continuing 24 30 education, support and empowerment programs, and career 24 31 opportunities within the field of nurse assisting, to further 24 32 stabilize the workforce and reduce turnover. 24 33 c. The department shall also contract with one or more 24 34 public institutions of higher education to evaluate the pilot 24 35 project's effectiveness. 25 1 d. The department shall establish an advisory council to 25 2 direct the project, which shall include representatives of the 25 3 Iowa caregivers association, the Iowa nurses association, the 25 4 department of inspections and appeals, the department of elder 25 5 affairs, the Iowa association of homes and services for the 25 6 aging, the Iowa health care association, the Iowa council of 25 7 health care centers, long-term care coordinators appointed by 25 8 the consortium of community colleges, and other interested 25 9 parties. 25 10 4. The department shall enter into a contract with the 25 11 university of Iowa college of medicine to conduct a study to 25 12 determine the benefits to the state of the provision of 25 13 pharmaceutical services by pharmacists. The study shall be 25 14 conducted at no cost to the state. 25 15 Sec. 11. STATE SUPPLEMENTARY ASSISTANCE. There is 25 16 appropriated from the general fund of the state to the 25 17 department of human services for the fiscal year beginning 25 18 July 1, 1998, and ending June 30, 1999, the following amount, 25 19 or so much thereof as is necessary, to be used for the 25 20 purposes designated: 25 21 For state supplementary assistance, funeral assistance, and 25 22 the medical assistance waiver for persons with mental 25 23 retardation rent subsidy program: 25 24 .................................................. $ 19,537,200 25 25 1. The department shall increase the personal needs 25 26 allowance for residents of residential care facilities by the 25 27 same percentage and at the same time as federal supplemental 25 28 security income and federal social security benefits are 25 29 increased due to a recognized increase in the cost of living. 25 30 The department may adopt emergency rules to implement this 25 31 subsection. 25 32 2. a. If during the fiscal year beginning July 1, 1998, 25 33 the department projects that state supplementary assistance 25 34 expenditures for a calendar year will not meet the federal 25 35 pass-along requirement specified in Title XVI of the federal 26 1 Social Security Act, section 1618, as codified in 42 U.S.C. } 26 2 1382g, the department may take actions including but not 26 3 limited to increasing the personal needs allowance for 26 4 residential care facility residents and making programmatic 26 5 adjustments or upward adjustments of the residential care 26 6 facility or in-home health-related care reimbursement rates 26 7 prescribed in this Act to ensure that federal requirements are 26 8 met. The department may adopt emergency rules to implement 26 9 the provisions of this subsection. 26 10 b. If during the fiscal year beginning July 1, 1998, the 26 11 department projects that state supplementary assistance 26 12 expenditures will exceed the amount appropriated, the 26 13 department may transfer funds appropriated in this Act for 26 14 medical assistance for the purposes of the state supplementary 26 15 assistance program. However, funds shall only be transferred 26 16 from the medical assistance appropriation if the funds 26 17 transferred are projected to be in excess of the funds 26 18 necessary for the medical assistance program. 26 19 3. The department may use up to $75,000 of the funds 26 20 appropriated in this section for a rent subsidy program for 26 21 adult persons to whom all of the following apply: 26 22 a. Are receiving assistance under a medical assistance 26 23 home and community-based services waiver. 26 24 b. Were discharged from a medical institution in which 26 25 they have resided or were at risk of institutional placement, 26 26 not to exceed 100 slots. Within available funding and 26 27 demonstrated need, the department may make subsidy funds 26 28 available to HCBS waiver-eligible adults meeting criteria in 26 29 paragraph "a" and this paragraph at any time on or after July 26 30 1, 1995. 26 31 c. In lieu of meeting the criteria in paragraph "b", rent 26 32 subsidy funds may also be provided to persons able to leave a 26 33 medical institution by use of services provided under an HCBS 26 34 waiver who turn 18 years of age during the last year of their 26 35 institutional stay. 27 1 The goal of the subsidy program shall be to encourage and 27 2 assist in enabling persons who currently reside in a medical 27 3 institution to move to a community living arrangement. An 27 4 eligible person may receive assistance in meeting their rental 27 5 expense and, in the initial two months of eligibility, in 27 6 purchasing necessary household furnishings and supplies. The 27 7 program shall be implemented so that it does not meet the 27 8 federal definition of state supplementary assistance and will 27 9 not impact the federal pass-along requirement specified in 27 10 Title XVI of the federal Social Security Act, section 1618, as 27 11 codified in 42 U.S.C. } 1382g. 27 12 Sec. 12. CHILD DAY CARE ASSISTANCE. There is appropriated 27 13 from the general fund of the state to the department of human 27 14 services for the fiscal year beginning July 1, 1998, and 27 15 ending June 30, 1999, the following amount, or so much thereof 27 16 as is necessary, to be used for the purposes designated: 27 17 For protective child day care assistance and state child 27 18 care assistance: 27 19 .................................................. $ 8,740,000 27 20 1. Of the funds appropriated in this section, $3,696,286 27 21 shall be used for protective child day care assistance. 27 22 2. Of the funds appropriated in this section, $4,407,073 27 23 shall be used for state child care assistance. 27 24 3. Beginning July 1, 1998, the income eligibility 27 25 requirement for state child care assistance shall be 140 27 26 percent of the federal poverty level for those families 27 27 qualifying for basic child care assistance and 175 percent of 27 28 the federal poverty level for those families with a child with 27 29 special needs. The department may adopt emergency rules to 27 30 implement the provisions of this subsection. 27 31 4. For the purposes of this subsection, the term "poverty 27 32 level" means the poverty level defined by the poverty income 27 33 guidelines published by the United States department of health 27 34 and human services. Based upon the availability of the 27 35 funding provided in subsection 2 and other funding 28 1 appropriated for state child care assistance, the department 28 2 shall establish waiting lists for state child care assistance 28 3 in descending order of prioritization as follows: 28 4 a. Families with an income at or below 100 percent of the 28 5 federal poverty level whose members are employed at least 28 28 6 hours per week, and parents with a family income at or below 28 7 100 percent of the federal poverty level who are under the age 28 8 of 21 and are participating in an educational program leading 28 9 to a high school diploma or equivalent. 28 10 b. Parents with a family income at or below 100 percent of 28 11 the federal poverty level who are under the age of 21 and are 28 12 participating, at a satisfactory level, in an approved 28 13 training program or in an educational program. 28 14 c. Families with an income of more than 100 percent but 28 15 not more than 140 percent of the federal poverty level whose 28 16 members are employed at least 28 hours per week. 28 17 d. Families with an income at or below 175 percent of the 28 18 federal poverty level whose members are employed at least 28 28 19 hours per week with a special needs child as a member of the 28 20 family. 28 21 5. Nothing in this section shall be construed or is 28 22 intended as, or shall imply, a grant of entitlement for 28 23 services to persons who are eligible for assistance due to an 28 24 income level consistent with the requirements of this section. 28 25 Any state obligation to provide services pursuant to this 28 26 section is limited to the extent of the funds appropriated in 28 27 this section. 28 28 6. Of the funds appropriated in this section, $636,641 is 28 29 allocated for the statewide program for child day care 28 30 resource and referral services under section 237A.26. 28 31 7. The department may use any of the funds appropriated in 28 32 this section as a match to obtain federal funds for use in 28 33 expanding child day care assistance and related programs. For 28 34 the purpose of expenditures of state and federal child day 28 35 care funding, funds shall be considered obligated at the time 29 1 expenditures are projected or are allocated to the 29 2 department's regions. Projections shall be based on current 29 3 and projected caseload growth, current and projected provider 29 4 rates, staffing requirements for eligibility determination and 29 5 management of program requirements including data systems 29 6 management, staffing requirements for administration of the 29 7 program, contractual and grant obligations and any transfers 29 8 to other state agencies, and obligations for decategorization 29 9 or innovation projects. 29 10 8. During the 1998-1999 fiscal year, the department shall 29 11 utilize the moneys deposited in the child day care credit fund 29 12 created in section 237A.28 for state child care assistance, in 29 13 addition to the moneys allocated for that purpose in this 29 14 section. 29 15 9. The administrators of the state child care assistance 29 16 program and the family investment program shall develop a 29 17 proposal for implementing by April 1, 1999, a single point of 29 18 access for clients of publicly supported child day care 29 19 assistance. The provisions included in the single point of 29 20 access shall include but are not limited to JOBS program child 29 21 care assistance, the child care disregard under the family 29 22 investment program, and state child care assistance. The 29 23 single point of access provisions shall be designed in a 29 24 manner so as to provide a single application form, a single 29 25 integrated set of eligibility requirements, and a uniform 29 26 sliding fee scale for all participants regardless of the basis 29 27 for eligibility. The proposal shall be submitted on or before 29 28 January 1, 1999, to the persons designated under this Act to 29 29 receive reports submitted by the department. The department 29 30 shall pursue every available option to identify and secure 29 31 additional federal funding which may be used for child day 29 32 care. If sufficient federal funding which may be used for 29 33 child day care is identified and secured in addition to the 29 34 amount budgeted for this purpose for the fiscal year beginning 29 35 July 1, 1998, the single point of access program shall be 30 1 implemented by April 1, 1999. If the amount of additional 30 2 federal funding identified and secured is also sufficient for 30 3 the reimbursement provisions for JOBS program child care 30 4 assistance to be made consistent with the reimbursement 30 5 provisions for state child care assistance, the department 30 6 shall include this reimbursement change as part of the 30 7 implementation of the single point of access program. 30 8 Sec. 13. CHILD SUPPORT RECOVERY. There is appropriated 30 9 from the general fund of the state to the department of human 30 10 services for the fiscal year beginning July 1, 1998, and 30 11 ending June 30, 1999, the following amount, or so much thereof 30 12 as is necessary, to be used for the purposes designated: 30 13 For child support recovery, including salaries, support, 30 14 maintenance, and miscellaneous purposes and for not more than 30 15 the following full-time equivalent positions: 30 16 .................................................. $ 9,360,000 30 17 ............................................... FTEs 233.22 30 18 1. The director of human services, within the limitations 30 19 of the moneys appropriated in this section, or moneys 30 20 transferred from the family investment program account for 30 21 this purpose, shall establish new positions and add employees 30 22 to the child support recovery unit if the director determines 30 23 that both the current and additional employees together can 30 24 reasonably be expected to maintain or increase net state 30 25 revenue at or beyond the budgeted level. If the director adds 30 26 employees, the department shall demonstrate the cost- 30 27 effectiveness of the current and additional employees by 30 28 reporting to the joint appropriations subcommittee on human 30 29 services the ratio of the total amount of administrative costs 30 30 for child support recoveries to the total amount of the child 30 31 support recovered. 30 32 2. Nonpublic assistance application fees and other user 30 33 fees received by the child support recovery unit are 30 34 appropriated and shall be used for the purposes of the child 30 35 support recovery program. The director of human services may 31 1 add positions within the limitations of the amount 31 2 appropriated for salaries and support for the positions. The 31 3 director shall report any positions added pursuant to this 31 4 subsection to the chairpersons and ranking members of the 31 5 joint appropriations subcommittee on human services and the 31 6 legislative fiscal bureau. 31 7 3. The director of human services, in consultation with 31 8 the department of management and the legislative fiscal 31 9 committee, is authorized to receive and deposit state child 31 10 support incentive earnings in the manner specified under 31 11 applicable federal requirements. 31 12 4. The director of human services may establish new 31 13 positions and add state employees to the child support 31 14 recovery unit or contract for delivery of services if the 31 15 director determines the employees are necessary to replace 31 16 county-funded positions eliminated due to termination, 31 17 reduction, or nonrenewal of a chapter 28E contract. However, 31 18 the director must also determine that the resulting increase 31 19 in the state share of child support recovery incentives 31 20 exceeds the cost of the positions or contract, the positions 31 21 or contract are necessary to ensure continued federal funding 31 22 of the program, or the new positions or contract can 31 23 reasonably be expected to recover at least twice the amount of 31 24 money necessary to pay the salaries and support for the new 31 25 positions or the contract will generate at least 200 percent 31 26 of the cost of the contract. 31 27 5. If initiated by the judicial department, the child 31 28 support recovery unit shall continue to work with the judicial 31 29 department to determine the feasibility of implementing a 31 30 pilot project utilizing a court-appointed referee for judicial 31 31 determinations on child support matters. The extent and 31 32 location of any pilot project shall be jointly developed by 31 33 the judicial department and the child support recovery unit. 31 34 6. The department shall expend up to $50,000, including 31 35 federal financial participation, for the fiscal year beginning 32 1 July 1, 1998, for a child support public awareness campaign. 32 2 The department and the office of the attorney general shall 32 3 cooperate in continuation of the campaign. The public 32 4 awareness campaign shall emphasize, through a variety of media 32 5 activities, the importance of maximum involvement of both 32 6 parents in the lives of their children as well as the 32 7 importance of payment of child support obligations. 32 8 7. The department shall continue the option to provide and 32 9 supervise a community service pilot project for absent parents 32 10 who are ordered by the court to perform community service for 32 11 failure to pay child support pursuant to section 598.23A. 32 12 8. Surcharges paid by obligors and received by the unit as 32 13 a result of the referral of support delinquency by the child 32 14 support recovery unit to any private collection agency are 32 15 appropriated to the department and shall be used to pay the 32 16 costs of any contracts with the collection agencies. 32 17 Sec. 14. JUVENILE INSTITUTIONS. There is appropriated 32 18 from the general fund of the state to the department of human 32 19 services for the fiscal year beginning July 1, 1998, and 32 20 ending June 30, 1999, the following amount, or so much thereof 32 21 as is necessary, to be used for the purposes designated: 32 22 For the operation of the state training school and the Iowa 32 23 juvenile home, including salaries, support, maintenance, and 32 24 miscellaneous purposes and for not more than the following 32 25 full-time equivalent positions: 32 26 For the state juvenile institutions: 32 27 .................................................. $ 15,397,808 32 28 ............................................... FTEs 349.72 32 29 1. The following amounts of the funds appropriated and 32 30 full-time equivalent positions authorized in this section are 32 31 allocated for the Iowa juvenile home at Toledo: 32 32 .................................................. $ 5,990,000 32 33 ............................................... FTEs 136.04 32 34 2. The following amounts of the funds appropriated and 32 35 full-time equivalent positions authorized in this section are 33 1 allocated for the state training school at Eldora: 33 2 .................................................. $ 9,407,808 33 3 ............................................... FTEs 213.68 33 4 3. During the fiscal year beginning July 1, 1998, the 33 5 population levels at the state juvenile institutions shall not 33 6 exceed the population guidelines established under 1990 Iowa 33 7 Acts, chapter 1239, section 21, as adjusted for additional 33 8 beds developed at the institutions. 33 9 4. A portion of the moneys appropriated in this section 33 10 shall be used by the state training school and by the Iowa 33 11 juvenile home for grants for adolescent pregnancy prevention 33 12 activities at the institutions in the fiscal year beginning 33 13 July 1, 1998. 33 14 5. Within the amount appropriated in this section, the 33 15 department may reallocate funds as necessary to best fulfill 33 16 the needs of the institutions provided for in the 33 17 appropriation. 33 18 Sec. 15. CHILD AND FAMILY SERVICES. There is appropriated 33 19 from the general fund of the state to the department of human 33 20 services for the fiscal year beginning July 1, 1998, and 33 21 ending June 30, 1999, the following amount, or so much thereof 33 22 as is necessary, to be used for the purpose designated: 33 23 For child and family services: 33 24 .................................................. $ 96,744,904 33 25 1. The department may transfer moneys appropriated in this 33 26 section as necessary to pay the nonfederal costs of services 33 27 reimbursed under medical assistance or the family investment 33 28 program which are provided to children who would otherwise 33 29 receive services paid under the appropriation in this section. 33 30 The department may transfer funds appropriated in this section 33 31 to the appropriations in this Act for general administration 33 32 and for field operations for resources necessary to implement 33 33 and operate the services funded in this section. 33 34 2. a. Of the funds appropriated in this section, up to 33 35 $30,923,872 is allocated as the statewide expenditure target 34 1 under section 232.143 for group foster care maintenance and 34 2 services. 34 3 b. (1) If at any time after September 30, 1998, 34 4 annualization of a region's current expenditures indicates a 34 5 region is at risk of exceeding its group foster care 34 6 expenditure target under section 232.143 by more than five 34 7 percent, the department and juvenile court services shall 34 8 examine all group foster care placements in that region in 34 9 order to identify those which might be appropriate for 34 10 termination. In addition, any aftercare services believed to 34 11 be needed for the children whose placements may be terminated 34 12 shall be identified. The department and juvenile court 34 13 services shall initiate action to set dispositional review 34 14 hearings for the placements identified. In such a 34 15 dispositional review hearing, the juvenile court shall 34 16 determine whether needed aftercare services are available and 34 17 whether termination of the placement is in the best interest 34 18 of the child and the community. 34 19 (2) The department shall provide quarterly reports to the 34 20 judicial department, juvenile court services, the legislative 34 21 fiscal bureau, and decategorization boards on the number of 34 22 children placed in group foster care and the amount of 34 23 expenditure for group foster care by county. The department 34 24 shall coordinate with the child welfare services work group 34 25 created in November 1997, by the legislative council and with 34 26 interested decategorization counties to identify information 34 27 systems and reports across all services and placements that 34 28 would support utilization management decisions. The 34 29 department shall identify the resources needed to develop and 34 30 implement such a system and its fiscal benefits, and report to 34 31 the general assembly by February 1, 1999. 34 32 c. (1) Of the funds appropriated in this section, not 34 33 more than $5,998,227 is allocated as the state match funding 34 34 for psychiatric medical institutions for children. 34 35 (2) The department may transfer all or a portion of the 35 1 funds allocated in this paragraph for psychiatric medical 35 2 institutions for children (PMICs) to the appropriation in this 35 3 Act for medical assistance and shall not amend the managed 35 4 mental health care contract to include PMICs. 35 5 d. Of the funds allocated in this subsection, $1,392,457 35 6 is allocated as the state match funding for 50 highly 35 7 structured juvenile program beds. If the number of beds 35 8 provided for in this paragraph is not utilized, the remaining 35 9 funds allocated may be used for group foster care. 35 10 e. For the fiscal years beginning July 1, 1997, and July 35 11 1, 1998, the requirements of section 232.143 applicable to the 35 12 juvenile court and to representatives of the juvenile court 35 13 shall be applicable instead to juvenile court services and to 35 14 representatives of juvenile court services. The 35 15 representatives appointed by the department of human services 35 16 and by juvenile court services to establish the plan to 35 17 contain expenditures for children placed in group foster care 35 18 ordered by the court within the budget target allocated to the 35 19 region shall establish the plan in a manner so as to ensure 35 20 the moneys allocated to the region under section 232.141 shall 35 21 last the entire fiscal year. Funds for a child placed in 35 22 group foster care shall be considered encumbered for the 35 23 duration of the child's projected or actual length of stay, 35 24 whichever is applicable. The department, in cooperation with 35 25 the juvenile court services representatives, shall develop and 35 26 implement utilization management criteria for group foster 35 27 care placements to be used by the department of human services 35 28 and juvenile court services staff in developing a 35 29 dispositional recommendation to the juvenile court. The 35 30 department shall submit a report on the utilization management 35 31 criteria to the general assembly on or before January 1, 1999. 35 32 f. If the medical assistance waiver request for children 35 33 with mental retardation in out-of-home settings is approved, 35 34 the department may transfer all or a portion of the funding 35 35 allocated in this subsection, which is attributable to group 36 1 foster care ordered for a child with mental retardation or 36 2 other developmental disability under section 232.182 or 36 3 232.183, to the appropriation in this Act for medical 36 4 assistance. 36 5 3. The department shall perform an evaluation of public 36 6 and private residential treatment programs, including those 36 7 programs providing highly structured juvenile program beds, 36 8 family and group foster care and the state juvenile 36 9 institutions. The evaluation shall include but is not limited 36 10 to a review of the curriculum and treatment approaches used by 36 11 the programs, the recidivism rate of juveniles who have 36 12 completed the programs, and other selected variables, subject 36 13 to the availability of this information. A report of the 36 14 evaluation shall be submitted to the general assembly by 36 15 January 1, 1999. 36 16 4. The department shall establish a goal that not more 36 17 than 15 percent of the children placed in foster care funded 36 18 under the federal Social Security Act, Title IV-E, may be 36 19 placed in foster care for a period of more than 24 months. 36 20 5. In accordance with the provisions of section 232.188, 36 21 the department shall continue the program to decategorize 36 22 child welfare services in additional counties or clusters of 36 23 counties. 36 24 6. The amount of the appropriation made in this section 36 25 available for foster care is based upon expansion of the 36 26 number of children in foster care who are eligible for federal 36 27 supplemental security income (SSI). The department may use up 36 28 to $275,000 of those funds to enter into a performance-based 36 29 contract to secure SSI benefits for children placed in foster 36 30 care. The contract shall include provisions for training of 36 31 department of human services and juvenile court staff, 36 32 completion of applications, tracking of application results, 36 33 and representation during the appeals process whenever an 36 34 appeal is necessary to secure SSI benefits. The department 36 35 may extend the contract for an additional two years. 37 1 Notwithstanding section 217.30 and section 232.2, subsection 37 2 11, and any other provision of law to the contrary, the 37 3 director or the director's designee on behalf of a child in 37 4 foster care may release medical, mental health, substance 37 5 abuse, or any other information necessary only to determine 37 6 the child's eligibility for SSI benefits, and may sign 37 7 releases for the information. In the case of a child in the 37 8 custody of juvenile court services, the state court 37 9 administrator or administrator's designee acting on behalf of 37 10 a child in foster care may release medical, mental health, 37 11 substance abuse, or any other information necessary only to 37 12 determine the child's eligibility for SSI benefits, and may 37 13 sign releases for the information. In any release of 37 14 information made pursuant to this subsection, confidentiality 37 15 shall be maintained to the maximum extent possible. 37 16 7. A portion of the funds appropriated in this section may 37 17 be used for emergency family assistance to provide other 37 18 resources required for a family participating in a family 37 19 preservation or reunification project to stay together or to 37 20 be reunified. 37 21 8. Notwithstanding section 234.35, subsection 1, for the 37 22 fiscal year beginning July 1, 1998, state funding for shelter 37 23 care paid pursuant to section 234.35, subsection 1, paragraph 37 24 "h", shall be limited to $7,553,641. The department shall 37 25 develop a formula, in consultation with the shelter care 37 26 committee and the judicial department, to allocate shelter 37 27 care funds to the department's regions. The department may 37 28 adopt emergency rules to implement this subsection. 37 29 9. Of the funds appropriated in this section, not more 37 30 than $550,696 may be used to develop and maintain the state's 37 31 implementation of the national adoption and foster care 37 32 information system pursuant to the requirements of Pub. L. 37 33 No. 99-509. The department may transfer funds as necessary 37 34 from the appropriations in this Act for field operations and 37 35 general administration to implement this subsection. Moneys 38 1 allocated in accordance with this subsection shall be 38 2 considered encumbered for the purposes of section 8.33. 38 3 10. Of the funds appropriated in this section, up to 38 4 $662,955 may be used as determined by the department for any 38 5 of the following purposes: 38 6 a. For general administration of the department to improve 38 7 staff training efforts. 38 8 b. For oversight of termination of parental rights and 38 9 permanency planning efforts on a statewide basis. 38 10 c. For personnel, assigned by the attorney general, to 38 11 provide additional services relating to termination of 38 12 parental rights and child in need of assistance cases. 38 13 d. For specialized permanency planning field operations 38 14 staff. 38 15 11. The department may adopt administrative rules 38 16 following consultation with child welfare services providers 38 17 to implement outcome-based child welfare services pilot 38 18 projects. The rules may include, but are not limited to, the 38 19 development of program descriptions, provider licensing and 38 20 certification standards, reimbursement and payment amounts, 38 21 contract requirements, assessment and service necessity 38 22 requirements, eligibility criteria, claims submission 38 23 procedures, and accountability standards. 38 24 12. Of the funds appropriated in this section, up to 38 25 $123,000 may be used to develop, in cooperation with providers 38 26 of children and family services, juvenile court, and other 38 27 interested parties, an outcomes-based approach for family- 38 28 centered, family preservation, family-community-based support, 38 29 and wrap-around services to evaluate and improve outcomes for 38 30 children and families. The department shall submit an 38 31 outcomes-based budget for these programs and shall submit the 38 32 budget with other budget documents required pursuant to 38 33 section 8.23. The department may adopt administrative rules 38 34 to implement this subsection. 38 35 13. The department shall continue to make adoption 39 1 presubsidy and adoption subsidy payments to adoptive parents 39 2 at the beginning of the month for the current month. 39 3 14. Federal funds received by the state during the fiscal 39 4 year beginning July 1, 1998, as the result of the expenditure 39 5 of state funds appropriated during a previous state fiscal 39 6 year for a service or activity funded under this section, 39 7 shall be used as additional funding for services provided 39 8 under this section. Moneys received by the department in 39 9 accordance with the provisions of this subsection shall remain 39 10 available for the purposes designated until June 30, 2000. 39 11 15. In addition to the report for group foster care 39 12 placements, the department shall report quarterly to the 39 13 legislative fiscal bureau concerning the status of each 39 14 region's funding expenditures compared with allocations in the 39 15 regional plan for services provided under this section. 39 16 16. The department and juvenile court services shall 39 17 develop criteria for the department regional administrator and 39 18 chief juvenile court officer to grant exceptions to extend 39 19 eligibility, within the funds allocated, for intensive 39 20 tracking and supervision and for supervised community 39 21 treatment to delinquent youth beyond age 18 who are subject to 39 22 release from the state training school, a highly structured 39 23 juvenile program, or group care. The department shall report 39 24 the number of such exceptions granted and the related 39 25 expenditures to the joint appropriations subcommittee on human 39 26 services on or before January 1, 1999. 39 27 17. Of the moneys appropriated in this section, not more 39 28 than $731,238 is allocated to provide clinical assessment 39 29 services as necessary to continue funding of children's 39 30 rehabilitation services under medical assistance in accordance 39 31 with federal law and requirements. The funding allocated is 39 32 the amount projected to be necessary for providing the 39 33 clinical assessment services. 39 34 18. Notwithstanding 1997 Iowa Acts, chapter 208, section 39 35 12, subsection 18, the department may extend the existence of 40 1 the current clinical assessment and consultation teams until 40 2 October 31, 1998. The department shall develop and implement 40 3 a new rehabilitative treatment and supportive services 40 4 authorization model, including a toll-free telephone number 40 5 for preauthorization on or before November 1, 1998. The new 40 6 model shall be developed and implemented in a manner so as to 40 7 streamline the authorization process, to reduce paperwork and 40 8 other information requirements to the minimum level necessary 40 9 for compliance with federal requirements, and to ensure timely 40 10 response to authorization requests. The department may adopt 40 11 emergency rules to implement the provisions of this 40 12 subsection. 40 13 19. a. It is the intent of the general assembly that the 40 14 department of human services work with the child welfare 40 15 services work group created by the legislative council in 40 16 November 1997 to pursue initiatives to increase receipt of 40 17 funding under Title IV-E of the federal Social Security Act. 40 18 For the fiscal year beginning July 1, 1997, the department may 40 19 expend moneys, not to exceed $20,000, within the department's 40 20 budget to contract for consultant services to increase this 40 21 funding. 40 22 b. If additional funding is received under Title IV-E of 40 23 the federal Social Security Act as a result of administrative 40 24 activities performed by juvenile court services or community 40 25 providers, the funding shall be expended as follows: 40 26 (1) A portion shall be used by the department to provide 40 27 technical assistance and to monitor claims submitted by 40 28 juvenile court services and community providers to ensure that 40 29 the claims meet federal requirements. 40 30 (2) A portion shall be distributed to providers with 40 31 increased costs incurred from activities to draw the 40 32 additional funding. 40 33 (3) A portion shall be made available to decategorization 40 34 projects in which additional funding is drawn to be used to 40 35 pay for activities based on local needs, as determined by the 41 1 decategorization projects. 41 2 c. Any additional funding received under Title IV-E of the 41 3 federal Social Security Act for field operations or general 41 4 administration that is not used for field operations or 41 5 general administration expenditures, shall be transferred for 41 6 funding of activities under the appropriations in this Act in 41 7 this section and for court-ordered services provided to 41 8 juveniles. 41 9 Sec. 16. CONNER DECREE. There is appropriated from the 41 10 general fund of the state to the department of human services 41 11 for the fiscal year beginning July 1, 1998, and ending June 41 12 30, 1999, the following amount, or so much thereof as is 41 13 necessary, to be used for the purpose designated: 41 14 For providing training in accordance with the consent 41 15 decree of Conner v. Branstad, No. 4-86-CU-30871(S.D. Iowa, 41 16 July 14, 1994): 41 17 .................................................. $ 46,000 41 18 It is the intent of the general assembly that the 41 19 admissions requirements of the consent decree shall also be 41 20 applied to the state university of Iowa hospital-school for 41 21 children with disabilities. The state board of regents shall 41 22 submit to the general assembly proposed amendments to chapter 41 23 263 to codify the admissions requirements of the consent 41 24 decree. 41 25 Sec. 17. COMMUNITY-BASED PROGRAMS – ADOLESCENT PREGNANCY 41 26 PREVENTION. There is appropriated from the general fund of 41 27 the state to the department of human services for the fiscal 41 28 year beginning July 1, 1998, and ending June 30, 1999, the 41 29 following amount, or so much thereof as is necessary, to be 41 30 used for the purpose designated: 41 31 For community-based programs, on the condition that family 41 32 planning services are funded, including salaries, support, 41 33 maintenance, and miscellaneous purposes and for not more than 41 34 the following full-time equivalent positions: 41 35 .................................................. $ 1,008,000 42 1 ............................................... FTE 1.00 42 2 1. Funds appropriated in this section shall be used to 42 3 provide adolescent pregnancy prevention grants which comply 42 4 with the requirements provided in 1997 Iowa Acts, chapter 208, 42 5 section 14, subsections 1 and 2, and shall emphasize programs 42 6 which target the middle school level. 42 7 2. It is the intent of the general assembly that the 42 8 department of human services and the Iowa department of public 42 9 health shall continue to identify existing abstinence 42 10 education or community-based programs which comply with the 42 11 requirements established in section 912, subchapter V, of the 42 12 federal Social Security Act, as codified in 42 U.S.C. } 701 et 42 13 seq. for the matching of federal funds. 42 14 3. Funds appropriated in this section, shall also be used 42 15 by the department to provide child abuse prevention grants. 42 16 Sec. 18. COURT-ORDERED SERVICES PROVIDED TO JUVENILES. 42 17 There is appropriated from the general fund of the state to 42 18 the department of human services for the fiscal year beginning 42 19 July 1, 1998, and ending June 30, 1999, the following amount, 42 20 or so much thereof as is necessary, to be used for the purpose 42 21 designated: 42 22 Payment of the expenses of court-ordered services provided 42 23 to juveniles which are a charge upon the state pursuant to 42 24 section 232.141, subsection 4: 42 25 .................................................. $ 3,290,000 42 26 1. Notwithstanding section 232.141 or any other provision 42 27 of law, the funds appropriated in this section shall be 42 28 allocated to the judicial districts as determined by the state 42 29 court administrator. The state court administrator shall make 42 30 the determination on the allocations on or before June 15, 42 31 1998. 42 32 2. a. Each judicial district shall continue the planning 42 33 group for the court-ordered services for juveniles provided in 42 34 that district which was established pursuant to 1991 Iowa 42 35 Acts, chapter 267, section 119. A planning group shall 43 1 continue to perform its duties as specified in that law. 43 2 Reimbursement rates for providers of court-ordered evaluation 43 3 and treatment services paid under section 232.141, subsection 43 4 4, shall be negotiated with providers by each judicial 43 5 district's planning group. 43 6 b. Each district planning group shall submit an annual 43 7 report in January to the state court administrator and the 43 8 department of human services. The report shall cover the 43 9 preceding fiscal year and shall include a preliminary report 43 10 on the current fiscal year. The administrator and the 43 11 department shall compile these reports and submit the reports 43 12 to the chairpersons and ranking members of the joint 43 13 appropriations subcommittee on human services and the 43 14 legislative fiscal bureau. 43 15 3. The department of human services shall develop policies 43 16 and procedures to ensure that the funds appropriated in this 43 17 section are spent only after all other reasonable actions have 43 18 been taken to utilize other funding sources and community- 43 19 based services. The policies and procedures shall be designed 43 20 to achieve the following objectives relating to services 43 21 provided under chapter 232: 43 22 a. Maximize the utilization of funds which may be 43 23 available from the medical assistance program including usage 43 24 of the early and periodic screening, diagnosis, and treatment 43 25 (EPSDT) program. 43 26 b. Recover payments from any third-party insurance carrier 43 27 which is liable for coverage of the services, including health 43 28 insurance coverage. 43 29 c. Pursue development of agreements with regularly 43 30 utilized out-of-state service providers which are intended to 43 31 reduce per diem costs paid to those providers. 43 32 4. The department of human services, in consultation with 43 33 the state court administrator and the judicial district 43 34 planning groups, shall compile a report detailing the 43 35 expenditure categories for the spending in the judicial 44 1 districts for court-ordered services for juveniles in fiscal 44 2 year 1997-1998. The report shall include utilization of 44 3 medical assistance funding. The report shall be submitted on 44 4 or before October 15, 1998, to the persons designated by this 44 5 Act to receive reports. 44 6 5. Notwithstanding chapter 232 or any other provision of 44 7 law, a district or juvenile court in a department of human 44 8 services district shall not order any service which is a 44 9 charge upon the state pursuant to section 232.141 if there are 44 10 insufficient court-ordered services funds available in the 44 11 district allocation to pay for the service. The chief 44 12 juvenile court officer shall work with the judicial district 44 13 planning group to encourage use of the funds appropriated in 44 14 this section such that there are sufficient funds to pay for 44 15 all court-related services during the entire year. The eight 44 16 chief juvenile court officers shall attempt to anticipate 44 17 potential surpluses and shortfalls in the allocations and 44 18 shall cooperatively request the state court administrator to 44 19 transfer funds between the districts' allocations as prudent. 44 20 6. Notwithstanding any provision of law to the contrary, a 44 21 district or juvenile court shall not order a county to pay for 44 22 any service provided to a juvenile pursuant to an order 44 23 entered under chapter 232 which is a charge upon the state 44 24 under section 232.141, subsection 4. 44 25 7. Of the funds appropriated in this section, not more 44 26 than $100,000 may be used by the judicial department for 44 27 administration of the requirements under this section and for 44 28 travel associated with court-ordered placements which are a 44 29 charge upon the state pursuant to section 232.141, subsection 44 30 4. 44 31 8. Of the funds appropriated in this section, not more 44 32 than $580,000 may be transferred to the appropriation in this 44 33 Act for child and family services and used to provide school- 44 34 based supervision of children adjudicated under chapter 232. 44 35 9. Federal funding received by the state during the fiscal 45 1 year beginning July 1, 1998, as the result of the expenditure 45 2 of state funds appropriated during a previous state fiscal 45 3 year for a service or activity funded under this section, 45 4 shall be used as additional funding for services provided 45 5 under this section. Moneys received by the department in 45 6 accordance with the provisions of this subsection shall remain 45 7 available for the purposes designated until June 30, 2000. 45 8 Sec. 19. MENTAL HEALTH INSTITUTES. There is appropriated 45 9 from the general fund of the state to the department of human 45 10 services for the fiscal year beginning July 1, 1998, and 45 11 ending June 30, 1999, the following amount, or so much thereof 45 12 as is necessary, to be used for the purposes designated: 45 13 For the state mental health institutes, for salaries, 45 14 support, maintenance, and miscellaneous purposes and for not 45 15 more than the following full-time equivalent positions: 45 16 .................................................. $ 42,559,619 45 17 ............................................... FTEs 863.77 45 18 1. The funds appropriated and full-time equivalent 45 19 positions authorized in this section are allocated as follows: 45 20 a. State mental health institute at Cherokee: 45 21 .................................................. $ 13,018,054 45 22 ............................................... FTEs 256.62 45 23 b. State mental health institute at Clarinda: 45 24 .................................................. $ 6,852,309 45 25 ............................................... FTEs 138.59 45 26 c. State mental health institute at Independence: 45 27 .................................................. $ 17,384,500 45 28 ............................................... FTEs 358.73 45 29 (1) The state mental health institute at Independence 45 30 shall continue the pilot project accounting test of managing 45 31 revenues and expenditures attributable to the mental health 45 32 institute in a manner that permits the net state expenditure 45 33 amount to be determined. The mental health institute shall 45 34 submit an interim report in January 1999, and a final report 45 35 in October 1999, to the governor and the joint appropriations 46 1 subcommittee on human services concerning the pilot project. 46 2 The report shall identify advantages and disadvantages of 46 3 utilizing the pilot project approach and any changes in policy 46 4 or statute identified to improve implementation of the pilot 46 5 project approach. 46 6 (2) The state mental health institute at Independence 46 7 shall establish the 30 psychiatric medical institution for 46 8 children (PMIC) beds authorized in section 135H.6, as amended 46 9 by this Act, in a manner which results in no net state 46 10 expenditure amount in excess of the amount allocated in this 46 11 lettered paragraph. Counties are not responsible for the 46 12 costs of PMIC services established pursuant to this paragraph. 46 13 Subject to the approval of the department, with the exception 46 14 of revenues required under section 249A.11 to be deposited in 46 15 the appropriation in this Act for medical assistance, revenues 46 16 attributable to the PMIC beds established under this 46 17 subparagraph for the fiscal year beginning July 1, 1998, and 46 18 ending June 30, 1999, shall be deposited in the institute's 46 19 account, including but not limited to any of the following 46 20 revenues: 46 21 (a) The federal share of medical assistance revenue 46 22 received under chapter 249A. 46 23 (b) Moneys received through client participation. 46 24 (c) Any other revenues directly attributable to the PMIC 46 25 beds. 46 26 d. State mental health institute at Mount Pleasant: 46 27 .................................................. $ 5,304,756 46 28 ............................................... FTEs 109.83 46 29 (1) Funding is provided in this paragraph for the mental 46 30 health institute at Mount Pleasant to implement a dual 46 31 diagnosis mental health and substance abuse program on a net 46 32 budgeting basis in which 50 percent of the actual per diem 46 33 cost is chargeable to the patient's county of legal settlement 46 34 or as a state case, as appropriate. Subject to the approval 46 35 of the department, revenues attributable to the dual diagnosis 47 1 program for the fiscal year beginning July 1, 1998, and ending 47 2 June 30, 1999, shall be deposited in the institute's account, 47 3 including but not limited to all of the following revenues: 47 4 (a) Moneys received by the state from billings to counties 47 5 under section 230.20. 47 6 (b) Moneys received from billings to the Medicare program. 47 7 (c) Moneys received from a managed care contractor 47 8 providing services under contract with the department or any 47 9 private third party payer. 47 10 (d) Moneys received through client participation. 47 11 (e) Any other revenues directly attributable to the dual 47 12 diagnosis program. 47 13 (2) The following additional provisions are applicable in 47 14 regard to the dual diagnosis program: 47 15 (a) A county may split the charges between the county's 47 16 mental health, mental retardation, and developmental 47 17 disabilities services fund and the county's budget for 47 18 substance abuse expenditures. 47 19 (b) If an individual is committed to the custody of the 47 20 department of corrections at the time the individual is 47 21 referred for dual diagnosis treatment, the department of 47 22 corrections shall be charged for the costs of treatment. 47 23 (c) Prior to an individual's voluntary admission for dual 47 24 diagnosis treatment, the individual shall have been screened 47 25 through a county's single entry point process to determine the 47 26 appropriateness of the treatment. 47 27 (d) A county shall not be chargeable for the costs of 47 28 treatment for an individual enrolled in and authorized by or 47 29 decertified by a managed behavioral care plan under the 47 30 medical assistance program. 47 31 (3) The department shall work with the Iowa state 47 32 association of counties in reviewing the reimbursement 47 33 methodology provided in this lettered paragraph to determine 47 34 whether modifications in the methodology or implementation of 47 35 an alternate methodology are appropriate. The department 48 1 shall report on the review in December 1998 to the persons 48 2 required by this Act for submission of reports. 48 3 2. Within the funds appropriated in this section, the 48 4 department may reallocate funds as necessary to best fulfill 48 5 the needs of the institutions provided for in the 48 6 appropriation. 48 7 3. As part of the discharge planning process at the state 48 8 mental health institutes, the department shall provide 48 9 assistance in obtaining eligibility for federal supplemental 48 10 security income (SSI) to those individuals whose care at a 48 11 state mental health institute is the financial responsibility 48 12 of the state. 48 13 4. For the fiscal year beginning July 1, 1998, in addition 48 14 to the net budgeting requirements under this section, each 48 15 state mental health institute shall implement a net budgeting 48 16 accounting test of managing revenues and expenditures 48 17 attributable to the mental health institute in a manner that 48 18 permits the net state expenditure amount to be determined. 48 19 Each mental health institute shall submit a preliminary report 48 20 in January 1999, and a status report in October 1999, to the 48 21 governor and to the persons required to be submitted reports 48 22 by this Act. The preliminary and status reports shall 48 23 identify advantages and disadvantages of utilizing the net 48 24 budgeting approach and any changes in policy or statute 48 25 recommended to improve implementation of the approach. 48 26 Sec. 20. HOSPITAL-SCHOOLS. There is appropriated from the 48 27 general fund of the state to the department of human services 48 28 for the fiscal year beginning July 1, 1998, and ending June 48 29 30, 1999, the following amount, or so much thereof as is 48 30 necessary, to be used for the purposes designated: 48 31 For the state hospital-schools, for salaries, support, 48 32 maintenance, and miscellaneous purposes and for not more than 48 33 the following full-time equivalent positions: 48 34 .................................................. $ 3,962,923 48 35 ............................................... FTEs 1,514.51 49 1 1. The funds appropriated and full-time equivalent 49 2 positions authorized in this section are allocated as follows: 49 3 a. State hospital-school at Glenwood: 49 4 .................................................. $ 2,399,644 49 5 ............................................... FTEs 852.75 49 6 b. State hospital school at Woodward: 49 7 .................................................. $ 1,563,279 49 8 ............................................... FTEs 661.76 49 9 2. a. The department shall continue the pilot project of 49 10 operating the hospital-school at Glenwood with a net general 49 11 fund appropriation and shall implement the project at the 49 12 state hospital-school at Woodward. The amounts allocated in 49 13 this paragraph are the net amounts of state moneys projected 49 14 to be needed for the state hospital-schools. The purposes of 49 15 the pilot project are to encourage the hospital-schools to 49 16 operate with increased self-sufficiency, to improve quality 49 17 and efficiency, and to support collaborative efforts between 49 18 the hospital-schools and counties and other funders of 49 19 services available from the hospital-schools. The project 49 20 shall not be implemented in a manner which results in a cost 49 21 increase to the state or cost shifting between the state, the 49 22 medical assistance program, counties, or other sources of 49 23 funding for the state hospital-schools. Moneys allocated in 49 24 subsection 1 may be used throughout the fiscal year in the 49 25 manner necessary for purposes of cash flow management, and for 49 26 purposes of cash flow management the hospital-schools may 49 27 temporarily draw more than the amount allocated, provided the 49 28 amount allocated is not exceeded at the close of the fiscal 49 29 year. 49 30 b. For purposes of calculating the hospital-schools' 49 31 August 31, 1999, year-end balance at the close of the 1998- 49 32 1999 fiscal year, the department shall include county 49 33 receivables billed but not yet received. However, only 49 34 receipts received within 90 days of being billed for fiscal 49 35 year 1998-1999 services shall be included. The state 50 1 hospital-school at Woodward may draw upon the general fund of 50 2 the state in an amount equal to the receivables amount which 50 3 is not received. 50 4 c. Subject to the approval of the department, except for 50 5 revenues under section 249A.11, revenues attributable to the 50 6 state hospital-schools for the fiscal year beginning July 1, 50 7 1998, shall be deposited into each hospital-school's account, 50 8 including but not limited to all of the following: 50 9 (1) Moneys received by the state from billings to counties 50 10 under section 222.73. 50 11 (2) The federal share of medical assistance revenue 50 12 received under chapter 249A. 50 13 (3) Federal Medicare program payments. 50 14 (4) Moneys received from client financial participation. 50 15 (5) Other revenues generated from current, new, or 50 16 expanded services which the state hospital-school is 50 17 authorized to provide. 50 18 d. In the 1998-1999 fiscal year of the project, the 50 19 institution's report shall include a listing detailing the 50 20 items for which depreciation reimbursement funds would have 50 21 been utilized if the depreciation reimbursement had been 50 22 retained by the institution. This listing shall be included 50 23 with the report submitted pursuant to this subsection. 50 24 e. For the purposes of allocating the salary adjustment 50 25 fund moneys appropriated in another Act, the state hospital- 50 26 schools shall be considered to be funded entirely with state 50 27 moneys. 50 28 f. Each state hospital-school and the department shall 50 29 submit a preliminary report in January 1999, and a status 50 30 report in October 1999, to the governor and the joint 50 31 appropriations subcommittee on human services concerning the 50 32 project. 50 33 3. Within the funds appropriated in this section, the 50 34 department may reallocate funds as necessary to best fulfill 50 35 the needs of the institutions provided for in the 51 1 appropriation. 51 2 4. The department may implement a pilot project to bill 51 3 for state hospital-school services utilizing a scope of 51 4 services approach used for private providers of ICFMR 51 5 services, in a manner which does not shift costs between the 51 6 medical assistance program, counties, or other sources of 51 7 funding for the state hospital-schools. 51 8 5. The state hospital-schools may expand the time limited 51 9 assessment and respite services during the fiscal year. 51 10 Sec. 21. MENTAL ILLNESS SPECIAL SERVICES. There is 51 11 appropriated from the general fund of the state to the 51 12 department of human services for the fiscal year beginning 51 13 July 1, 1998, and ending June 30, 1999, the following amount, 51 14 or so much thereof as is necessary, to be used for the purpose 51 15 designated: 51 16 For mental illness special services: 51 17 .................................................. $ 121,220 51 18 1. The department and the Iowa finance authority shall 51 19 develop methods to implement the financing for existing 51 20 community-based facilities and to implement financing for the 51 21 development of affordable community-based housing facilities. 51 22 The department shall assure that clients are referred to the 51 23 housing as it is developed. 51 24 2. The funds appropriated in this section are to provide 51 25 funds for construction and start-up costs to develop community 51 26 living arrangements to provide for persons with mental illness 51 27 who are homeless. These funds may be used to match federal 51 28 Stewart B. McKinney Homeless Assistance Act grant funds. 51 29 Sec. 22. FAMILY SUPPORT SUBSIDY PROGRAM. There is 51 30 appropriated from the general fund of the state to the 51 31 department of human services for the fiscal year beginning 51 32 July 1, 1998, and ending June 30, 1999, the following amount, 51 33 or so much thereof as is necessary, to be used by the division 51 34 of children and family services for the purpose designated: 51 35 For the family support subsidy program: 52 1 .................................................. $ 1,710,000 52 2 The department may use up to $200,000 of the moneys 52 3 appropriated in this section to continue the children-at-home 52 4 program, of which not more than $20,000 shall be used for 52 5 administrative costs. 52 6 Sec. 23. SPECIAL NEEDS GRANTS. There is appropriated from 52 7 the general fund of the state to the department of human 52 8 services for the fiscal year beginning July 1, 1998, and 52 9 ending June 30, 1999, the following amount, or so much thereof 52 10 as is necessary, to be used for the purpose designated: 52 11 To provide special needs grants to families with a family 52 12 member at home who has a developmental disability or to a 52 13 person with a developmental disability: 52 14 .................................................. $ 53,212 52 15 Grants must be used by a family to defray special costs of 52 16 caring for the family member to prevent out-of-home placement 52 17 of the family member or to provide for independent living 52 18 costs. The grants may be administered by a private nonprofit 52 19 agency which serves people statewide provided that no 52 20 administrative costs are received by the agency. Regular 52 21 reports regarding the special needs grants with the family 52 22 support subsidy program and an annual report concerning the 52 23 characteristics of the grantees shall be provided to the 52 24 legislative fiscal bureau. 52 25 Sec. 24. MI/MR/DD STATE CASES. There is appropriated from 52 26 the general fund of the state to the department of human 52 27 services for the fiscal year beginning July 1, 1998, and 52 28 ending June 30, 1999, the following amount, or so much thereof 52 29 as is necessary, to be used for the purpose designated: 52 30 For purchase of local services for persons with mental 52 31 illness, mental retardation, and developmental disabilities 52 32 where the client has no established county of legal 52 33 settlement: 52 34 .................................................. $ 8,594,500 52 35 1. If a county has a county management plan which is 53 1 approved by the director of human services pursuant to section 53 2 331.439, the services paid for under this section are exempt 53 3 from the department's purchase of service system requirements. 53 4 The department shall adopt rules to implement the provisions 53 5 of this paragraph. 53 6 2. Of the moneys appropriated in this section, up to 53 7 $174,000 is allocated for the costs of the reimbursement 53 8 increase provided in the reimbursement section of this Act for 53 9 sheltered work, work activity, supported employment, supported 53 10 work training, and adult residential services paid by the 53 11 state under a state purchase of social services contract. 53 12 Sec. 25. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES – 53 13 COMMUNITY SERVICES FUND. There is appropriated from the 53 14 general fund of the state to the mental health and 53 15 developmental disabilities community services fund created in 53 16 section 225C.7 for the fiscal year beginning July 1, 1998, and 53 17 ending June 30, 1999, the following amount, or so much thereof 53 18 as is necessary, to be used for the purpose designated: 53 19 For mental health and developmental disabilities community 53 20 services in accordance with this Act: 53 21 .................................................. $ 17,560,000 53 22 1. Of the funds appropriated in this section, $17,530,000 53 23 shall be allocated to counties for funding of community-based 53 24 mental health and developmental disabilities services. The 53 25 moneys shall be allocated to a county as follows: 53 26 a. Fifty percent based upon the county's proportion of the 53 27 state's population of persons with an annual income which is 53 28 equal to or less than the poverty guideline established by the 53 29 federal office of management and budget. 53 30 b. Fifty percent based upon the county's proportion of the 53 31 state's general population. 53 32 2. a. A county shall utilize the funding the county 53 33 receives pursuant to subsection 1 for services provided to 53 34 persons with a disability, as defined in section 225C.2. 53 35 However, no more than 50 percent of the funding shall be used 54 1 for services provided to any one of the service populations. 54 2 b. A county shall use at least 50 percent of the funding 54 3 the county receives under subsection 1 for contemporary 54 4 services provided to persons with a disability, as described 54 5 in rules adopted by the department. 54 6 3. Of the funds appropriated in this section, $30,000 54 7 shall be used to support the Iowa compass program providing 54 8 computerized information and referral services for Iowans with 54 9 disabilities and their families. 54 10 4. a. Funding appropriated for purposes of the federal 54 11 social services block grant is allocated for distribution to 54 12 counties for local purchase of services for persons with 54 13 mental illness or mental retardation or other developmental 54 14 disability. 54 15 b. The funds allocated in this subsection shall be 54 16 expended by counties in accordance with the county's approved 54 17 county management plan. A county without an approved county 54 18 management plan shall not receive allocated funds until the 54 19 county's management plan is approved. 54 20 c. The funds provided by this subsection shall be 54 21 allocated to each county as follows: 54 22 (1) Fifty percent based upon the county's proportion of 54 23 the state's population of persons with an annual income which 54 24 is equal to or less than the poverty guideline established by 54 25 the federal office of management and budget. 54 26 (2) Fifty percent based upon the amount provided to the 54 27 county for local purchase of services in the preceding fiscal 54 28 year. 54 29 5. A county is eligible for funds under this section if 54 30 the county qualifies for a state payment as described in 54 31 section 331.439. 54 32 Sec. 26. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 54 33 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT. 54 34 There is appropriated from the general fund of the state to 54 35 the department of human services for the fiscal year beginning 55 1 July 1, 1999, and ending June 30, 2000, the following amount, 55 2 or so much thereof as is necessary, to be used for the purpose 55 3 designated: 55 4 For distribution to counties of the county mental health, 55 5 mental retardation, and developmental disabilities allowed 55 6 growth factor adjustment, in accordance with section 331.438, 55 7 subsection 2, and section 331.439, subsection 3: 55 8 .................................................. $ 18,126,362 55 9 For the fiscal year beginning July 1, 1999, the county 55 10 mental health, mental retardation, and developmental 55 11 disabilities allowed growth factor adjustment shall be 2.48 55 12 percent. 55 13 Sec. 27. PERSONAL ASSISTANCE. There is appropriated from 55 14 the general fund of the state to the department of human 55 15 services for the fiscal year beginning July 1, 1998, and 55 16 ending June 30, 1999, the following amount, or so much thereof 55 17 as is necessary, to be used for the purpose designated: 55 18 For continuation of a pilot project for the personal 55 19 assistance services program in accordance with this section: 55 20 .................................................. $ 364,000 55 21 1. The funds appropriated in this section shall be used to 55 22 continue the pilot project for the personal assistance 55 23 services program under section 225C.46 in an urban and a rural 55 24 area. Not more than $36,400 shall be used for administrative 55 25 costs. The pilot project and any federal home and community- 55 26 based waiver developed under the medical assistance program 55 27 shall not be implemented in a manner which would require 55 28 additional county or state costs for assistance provided to an 55 29 individual served under the pilot project or the waiver. 55 30 2. It is the intent of the general assembly that for any 55 31 new applicants for personal assistance, priority shall be 55 32 given to providing assistance to individuals for education, 55 33 job training, and other forms of employment support. It is 55 34 also the intent of the general assembly that if other programs 55 35 become available which provide similar services, current 56 1 recipients of personal assistance for whom these similar 56 2 services are appropriate shall be assisted in attaining 56 3 eligibility for these programs. 56 4 3. Notwithstanding section 8.33, any funds remaining 56 5 unexpended on June 30 of any fiscal year shall not revert to 56 6 the general fund of the state but shall remain available to 56 7 provide personal assistance payments in the succeeding fiscal 56 8 year. 56 9 Sec. 28. FIELD OPERATIONS. There is appropriated from the 56 10 general fund of the state to the department of human services 56 11 for the fiscal year beginning July 1, 1998, and ending June 56 12 30, 1999, the following amount, or so much thereof as is 56 13 necessary, to be used for the purpose designated: 56 14 For field operations, including salaries, support, 56 15 maintenance, and miscellaneous purposes and for not more than 56 16 the following full-time equivalent positions: 56 17 .................................................. $ 49,600,000 56 18 ............................................... FTEs 2,084.00 56 19 If a resignation, retirement, or dismissal reducing the 56 20 number of full-time equivalent positions responsible for 56 21 mental health or mental retardation services in a local office 56 22 of the department causes the county to which the local office 56 23 is assigned to assume responsibilities previously performed by 56 24 the department's positions, the department shall reimburse the 56 25 county for the increase in costs connected with the 56 26 responsibilities assumed. 56 27 Sec. 29. GENERAL ADMINISTRATION. There is appropriated 56 28 from the general fund of the state to the department of human 56 29 services for the fiscal year beginning July 1, 1998, and 56 30 ending June 30, 1999, the following amount, or so much thereof 56 31 as is necessary, to be used for the purpose designated: 56 32 For general administration, including salaries, support, 56 33 maintenance, and miscellaneous purposes and for not more than 56 34 the following full-time equivalent positions: 56 35 .................................................. $ 15,271,693 57 1 .............................................. FTEs 388.00 57 2 1. Of the funds appropriated in this section, $57,000 is 57 3 allocated for the prevention of disabilities policy council 57 4 established in section 225B.3. 57 5 2. Of the funds appropriated in this section, $129,971 for 57 6 the fiscal year beginning July 1, 1998, shall be transferred 57 7 directly to the state university of Iowa for the university- 57 8 affiliated program for the support of Iowa creative employment 57 9 options (CEO). 57 10 3. If an expenditure reduction or other cost-saving 57 11 measure is deemed necessary to maintain expenditures within 57 12 the amount appropriated to the department in this section, the 57 13 department shall not implement the reduction or other measure 57 14 in a manner which reduces service funding for disability 57 15 rehabilitation programs, including but not limited to, 57 16 statewide supported employment programs or reduces the 57 17 drawdown of federal funding. 57 18 Sec. 30. VOLUNTEERS. There is appropriated from the 57 19 general fund of the state to the department of human services 57 20 for the fiscal year beginning July 1, 1998, and ending June 57 21 30, 1999, the following amount, or so much thereof as is 57 22 necessary, to be used for the purpose designated: 57 23 For development and coordination of volunteer services: 57 24 .................................................. $ 118,500 57 25 Sec. 31. SEXUALLY VIOLENT PREDATORS. There is 57 26 appropriated from the general fund of the state to the 57 27 department of human services for the fiscal year beginning 57 28 July 1, 1998, and ending June 30, 1999, the following amount, 57 29 or so much thereof as is necessary, to be used for the purpose 57 30 designated: 57 31 For costs associated with the commitment and treatment of 57 32 sexually violent predators including transfer of an amount, as 57 33 determined by the department and the office of the attorney 57 34 general, to the office of the attorney general for associated 57 35 costs including not more than 2.0 full-time equivalent 58 1 positions, one of which shall be an attorney, in the 58 2 department of justice: 58 3 .................................................. $ 500,000 58 4 Sec. 32. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 58 5 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 58 6 DEPARTMENT OF HUMAN SERVICES. 58 7 1. a. For the fiscal year beginning July 1, 1998, the 58 8 rate for skilled nursing facilities shall be increased by 2 58 9 percent over the rates in effect on June 30, 1998. 58 10 b. Beginning January 1, 1999, the rate for pharmacist 58 11 services shall be increased by two percent over the rate in 58 12 effect on June 30, 1998. The reimbursement policy for drug 58 13 product costs shall be in accordance with federal 58 14 requirements. 58 15 c. For the fiscal year beginning July 1, 1998, 58 16 reimbursement rates for inpatient and outpatient hospital 58 17 services shall remain the same as the rates in effect on June 58 18 30, 1998. The department shall continue the outpatient 58 19 hospital reimbursement system based upon ambulatory patient 58 20 groups implemented pursuant to 1994 Iowa Acts, chapter 1186, 58 21 section 25, subsection 1, paragraph "f". In addition, the 58 22 department shall continue the revised medical assistance 58 23 payment policy implemented pursuant to that paragraph to 58 24 provide reimbursement for costs of screening and treatment 58 25 provided in the hospital emergency room if made pursuant to 58 26 the prospective payment methodology developed by the 58 27 department for the payment of outpatient services provided 58 28 under the medical assistance program. 58 29 d. Reimbursement rates for rural health clinics, hospices, 58 30 and acute mental hospitals shall be increased in accordance 58 31 with increases under the federal Medicare program or as 58 32 supported by their Medicare audited costs. 58 33 e. Reimbursement rates for home health agencies shall be 58 34 limited to a two percent increase over the rate in effect on 58 35 June 30, 1998. The department shall, in consultation with 59 1 provider representatives, study alternative reimbursement 59 2 methodologies. 59 3 f. The basis for establishing the maximum medical 59 4 assistance reimbursement rate for nursing facilities shall be 59 5 the 70th percentile of facility costs as calculated from the 59 6 June 30, 1998, unaudited compilation of cost and statistical 59 7 data. However, to the extent funds are available within the 59 8 amount projected for reimbursement of nursing facilities 59 9 within the appropriation for medical assistance in this Act 59 10 for the fiscal year beginning July 1, 1998, and within the 59 11 appropriation for medical assistance as a whole for the fiscal 59 12 year beginning July 1, 1998, the department shall adjust the 59 13 maximum medical assistance reimbursement for nursing 59 14 facilities to the 70th percentile, as calculated on December 59 15 31, 1998, unaudited compilation of cost and statistical data 59 16 and the adjustment shall take effect January 1, 1999. 59 17 g. Federally qualified health centers shall be reimbursed 59 18 at 100 percent of reasonable costs as determined by the 59 19 department in accordance with federal requirements. 59 20 h. Beginning July 1, 1998, the reimbursement for dental 59 21 services shall be increased by two percent over the rates in 59 22 effect on June 30, 1998. Beginning January 1, 1999, the 59 23 reimbursement for dental services shall be increased by an 59 24 additional two percent over the rates in effect on December 59 25 31, 1998. 59 26 i. For the fiscal year beginning July 1, 1998, unless 59 27 otherwise specified in this Act, all noninstitutional medical 59 28 assistance provider reimbursements shall be increased by 2 59 29 percent over the rates in effect on June 30, 1998. In 59 30 addition, $39,157 of the moneys appropriated in this Act for 59 31 medical assistance shall be used to increase rates paid to 59 32 community mental health centers to a level equal to the level 59 33 paid by other payers. 59 34 j. When applying the reimbursement rate increases for 59 35 pharmacist, physician, chiropractic, and dental services and 60 1 durable medical equipment under this subsection, the 60 2 department shall, in consultation with provider 60 3 representatives, place a priority on primary and preventive 60 4 care. The department shall, in consultation with provider 60 5 representatives review the existing reimbursement methodology 60 6 including the issues of access, utilization, and sufficiency 60 7 of the current reimbursement rates. A report of the findings 60 8 of the review and any recommendations shall be submitted to 60 9 the general assembly by January 1, 1999. 60 10 2. For the fiscal year beginning July 1, 1998, the maximum 60 11 cost reimbursement rate for residential care facilities 60 12 reimbursed by the department shall not be less than $23.26 per 60 13 day for the time period of July 1, 1998, through December 31, 60 14 1998, and shall not be less than $23.83 per day for the time 60 15 period of January 1, 1999, through June 30, 1999. The flat 60 16 reimbursement rate for facilities electing not to file 60 17 semiannual cost reports shall not be less than $16.64 per day 60 18 for the time period of July 1, 1998, through December 31, 60 19 1998, and shall not be less than $17.05 per day for the time 60 20 period of January 1, 1999, through June 30, 1999. For the 60 21 fiscal year beginning July 1, 1998, the maximum reimbursement 60 22 rate for providers reimbursed under the in-home health-related 60 23 care program shall not be less than $447.16 per month for the 60 24 time period of July 1, 1998, through December 31, 1998, and 60 25 shall not be less than $458.20 per month for the time period 60 26 of January 1, 1999, through June 30, 1999. 60 27 3. Unless otherwise directed in this section, when the 60 28 department's reimbursement methodology for any provider 60 29 reimbursed in accordance with this section includes an 60 30 inflation factor, this factor shall not exceed the amount by 60 31 which the consumer price index for all urban consumers 60 32 increased during the calendar year ending December 31, 1997. 60 33 4. Notwithstanding section 234.38, in the fiscal year 60 34 beginning July 1, 1998, the foster family basic daily 60 35 maintenance rate and the maximum adoption subsidy rate for 61 1 children ages 0 through 5 years shall be $13.45, the rate for 61 2 children ages 6 through 11 years shall be $14.25, the rate for 61 3 children ages 12 through 15 years shall be $15.96, and the 61 4 rate for children ages 16 and older shall be $15.96. 61 5 5. For the fiscal year beginning July 1, 1998, the maximum 61 6 reimbursement rates for adoption and independent living 61 7 services shall be increased by two percent over the rates in 61 8 effect on June 30, 1998. The maximum reimbursement rates for 61 9 other social service providers shall be the same as the rates 61 10 in effect on June 30, 1998. However, the rates may be 61 11 adjusted under any of the following circumstances: 61 12 a. If a new service was added after June 30, 1998, the 61 13 initial reimbursement rate for the service shall be based upon 61 14 actual and allowable costs. 61 15 b. If a social service provider loses a source of income 61 16 used to determine the reimbursement rate for the provider, the 61 17 provider's reimbursement rate may be adjusted to reflect the 61 18 loss of income, provided that the lost income was used to 61 19 support actual and allowable costs of a service purchased 61 20 under a purchase of service contract. 61 21 c. The department revises the reimbursement rates as part 61 22 of the changes in the mental health and developmental 61 23 disabilities services system initiated pursuant to 1995 Iowa 61 24 Acts, chapter 206, and associated legislation. 61 25 d. For the fiscal year beginning July 1, 1998, the 61 26 reimbursement rates for sheltered work, work activity, 61 27 supported employment, supported work training, and adult 61 28 residential services established by the state under a state 61 29 purchase of social services contract shall be increased by 61 30 three percent over the rates in effect on June 30, 1998. 61 31 6. Of the moneys appropriated in this Act for child and 61 32 family services, $1,261,875 is allocated to provide for a 61 33 reimbursement increase to rehabilitative treatment and support 61 34 services providers. The department shall distribute the 61 35 increase as negotiated. However, if a provider previously 62 1 elected to not negotiate the provider's reimbursement, the 62 2 department shall allow that provider to negotiate for 62 3 reimbursement. 62 4 7. The group foster care reimbursement rates paid for 62 5 placement of children out-of-state shall be calculated 62 6 according to the same rate-setting principles as those used 62 7 for in-state providers unless the director determines that 62 8 appropriate care cannot be provided within the state. The 62 9 payment of the daily rate shall be based on the number of days 62 10 in the calendar month in which service is provided. 62 11 8. For the fiscal year beginning July 1, 1998, the 62 12 combined service and maintenance components of the 62 13 reimbursement rate paid to a shelter care provider shall be 62 14 based on the cost report submitted to the department. The 62 15 maximum reimbursement rate shall be $78.14 per day. If the 62 16 department would reimburse the provider at less than the 62 17 maximum rate but the provider's cost report justifies a rate 62 18 of at least $78.14, the department shall readjust the 62 19 provider's reimbursement rate to the maximum reimbursement 62 20 rate. 62 21 9. For the fiscal year beginning July 1, 1998, the 62 22 department shall calculate reimbursement rates for 62 23 intermediate care facilities for persons with mental 62 24 retardation at the 80th percentile. 62 25 10. For the fiscal year beginning July 1, 1998, for child 62 26 day care providers, the department shall set provider 62 27 reimbursement rates based on the rate reimbursement survey 62 28 completed in December 1996. The department shall set rates in 62 29 a manner so as to provide incentives for a nonregistered 62 30 provider to become registered. 62 31 11. For the fiscal year beginning July 1, 1998, the 62 32 reimbursement rate for psychiatric medical institutions for 62 33 children (PMICs) shall be increased by 2 percent over the 62 34 rates in effect on June 30, 1998. 62 35 12. If the Iowa empowerment board is established, the 63 1 board shall develop and implement a plan, in cooperation with 63 2 maternal child health clinics, school nurses, and other 63 3 affected providers, to ensure attendance of health care 63 4 appointments, with an emphasis on attendance of dental 63 5 appointments, by medical assistance recipients. 63 6 13. The department shall review the appropriateness and 63 7 the level of the reimbursement provided for home infusion 63 8 therapy and shall determine the number of providers who are 63 9 being reimbursed below the actual cost of durable medical 63 10 equipment and supplies under the medical assistance program 63 11 and shall submit a report of the findings of the review to the 63 12 general assembly by January 1, 1999. 63 13 14. The department may adopt emergency rules to implement 63 14 the provisions of this section. 63 15 Sec. 33. MOTOR VEHICLE LICENSE REINSTATEMENT PENALTY – 63 16 DEPOSIT AND APPROPRIATION. Notwithstanding the deposit 63 17 provisions of sections 321.218A and 321A.32A, moneys collected 63 18 during the fiscal year beginning July 1, 1998, and ending June 63 19 30, 1999, by the state department of transportation pursuant 63 20 to those sections shall be deposited to the credit of the 63 21 department of human services for the fiscal year beginning 63 22 July 1, 1998, and ending June 30, 1999, and are appropriated 63 23 as follows: 63 24 1. The first $1,000,000 is appropriated and shall be used 63 25 for the establishment, improvement, operation, and maintenance 63 26 of county or multicounty juvenile detention homes. Moneys 63 27 appropriated in this subsection shall be allocated among 63 28 eligible detention homes, prorated on the basis of an eligible 63 29 detention home's proportion of the costs of all eligible 63 30 detention homes in the previous fiscal year. Notwithstanding 63 31 section 232.142, subsection 3, the financial aid payable by 63 32 the state under that provision for the fiscal year beginning 63 33 July 1, 1998, shall be limited to the amount appropriated in 63 34 this subsection. 63 35 2. Moneys in excess of $1,000,000 are appropriated to the 64 1 judicial districts and allocated as determined by the state 64 2 court administrator to be used by the judicial districts 64 3 pursuant to recommendations of the planning group for court- 64 4 ordered services for juveniles provided in each judicial 64 5 district which were established pursuant to 1991 Iowa Acts, 64 6 chapter 267, section 119. Moneys allocated pursuant to this 64 7 subsection shall be used for the improvement, expansion, 64 8 construction, and operation of runaway assessment facilities, 64 9 runaway assessment services, and juvenile delinquency 64 10 prevention and intervention services. 64 11 Sec. 34. FULL-TIME EQUIVALENT POSITIONS. Of the full-time 64 12 equivalent positions (FTEs) appropriated for in this Act, 64 13 19.61 FTEs represent the transition of personnel services 64 14 contractors to full-time equivalent position status. The 64 15 merit system provisions of chapter 19A, collective bargaining 64 16 agreement provisions of chapter 20, and the state and union 64 17 collective bargaining agreements, as these relate to the 64 18 filling of positions, shall not govern movement of these 19.61 64 19 FTEs into the full-time equivalent position status during the 64 20 period beginning July 1, 1998, and ending August 31, 1998. 64 21 Sec. 35. STATE INSTITUTIONS – CLOSINGS AND REDUCTIONS. 64 22 1. If a state institution administered by the department 64 23 of human services is to be closed or reduced in size, prior to 64 24 the closing or reduction the department shall initiate and 64 25 coordinate efforts in cooperation with the Iowa department of 64 26 economic development to develop new jobs in the area in which 64 27 the state institution is located. In addition, the department 64 28 may take other actions to utilize any closed unit or other 64 29 facilities and services of an institution, including but not 64 30 limited to assisting public or private organizations in 64 31 utilizing the services and facilities. The actions may also 64 32 include assisting an organization with remodeling and lease 64 33 costs by forgiving future rental or lease payments to the 64 34 extent necessary for a period not to exceed five years. The 64 35 department of human services and the department of economic 65 1 development shall submit a joint report to the chairpersons 65 2 and ranking members of the joint appropriations subcommittee 65 3 on human services on or before January 2, 1999, regarding any 65 4 efforts made pursuant to this subsection. 65 5 2. For purposes of this section, "state institution" means 65 6 a state mental health institute, a state hospital-school, the 65 7 state training school, and the Iowa juvenile home under the 65 8 authority of the department of human services listed in 65 9 section 218.1. 65 10 Sec. 36. TRANSFER AUTHORITY. Subject to the provisions of 65 11 section 8.39, for the fiscal year beginning July 1, 1998, if 65 12 necessary to meet federal maintenance of effort requirements 65 13 or to transfer federal temporary assistance for needy families 65 14 block grant funding to be used for purposes of the federal 65 15 social services block grant, the department of human services 65 16 may transfer between any of the appropriations made in this 65 17 Act and appropriations in law for the federal social services 65 18 block grant to the department for the following purposes, 65 19 provided that the combined amount of state and federal 65 20 temporary assistance for needy families block grant funding 65 21 for each appropriation remains the same before and after the 65 22 transfer: 65 23 1. For the family investment program. 65 24 2. For emergency assistance. 65 25 3. For child day care assistance. 65 26 4. For child and family services. 65 27 5. For field operations. 65 28 6. For general administration. 65 29 7. MH/MR/DD/BI community services (local purchase). 65 30 This section shall not be construed to prohibit existing 65 31 state transfer authority for other purposes. 65 32 Sec. 37. CONFIDENTIALITY. The department of human 65 33 services, in cooperation with other state agencies, shall 65 34 develop recommendations to improve the sharing of information, 65 35 including confidential information, relative to individuals 66 1 receiving services or assistance from the department or 66 2 another state agency, to improve coordination of services and 66 3 assistance. The department shall submit a report of the 66 4 recommendations to the general assembly on or before December 66 5 15, 1998. 66 6 Sec. 38. CHILD ABUSE ASSESSMENT IMPLEMENTATION. 66 7 Notwithstanding the requirements of 1997 Iowa Acts, chapter 66 8 35, section 232.71A, Code Supplement 1997, sections 232.71B 66 9 and 232.71C, Code 1997, and the repeal of section 232.71, Code 66 10 Supplement 1997, for the period beginning July 1, 1998, and 66 11 ending September 1, 1998, the department shall continue to 66 12 respond to a report of child abuse in Polk county in 66 13 accordance with the provisions of section 232.71, Code 66 14 Supplement 1997. For this period, in Polk county the 66 15 department shall continue to apply the rules adopted for 66 16 responding to a report of child abuse under section 232.71, 66 17 Code Supplement 1997. 66 18 Sec. 39. SUPPORTING FAMILIES OF CHILDREN WITH A 66 19 DEVELOPMENTAL DISABILITY. 66 20 1. The department of human services shall develop a 66 21 program supporting families of children with mental 66 22 retardation or other developmental disability. The program 66 23 shall provide medical assistance case management for those who 66 24 are eligible, or case management by the department's field 66 25 services staff for those who are not eligible for medical 66 26 assistance. The program shall be designed for administrative 66 27 simplicity with a minimal amount of paperwork required for 66 28 program participants and service providers. 66 29 2. The program shall be directed to children who are 66 30 eligible for any of the following: 66 31 a. Intermediate care facility for persons with mental 66 32 retardation services. 66 33 b. Medical assistance home and community-based waiver for 66 34 persons or children with mental retardation services. 66 35 c. Voluntary foster care placement under section 232.182 67 1 or 232.183. 67 2 d. Family support subsidy under section 225C.38. 67 3 3. Subject to applicable federal requirements, 67 4 restrictions in this section, and the amount of state funding 67 5 appropriated, the department may decategorize and transfer for 67 6 purposes of the program created pursuant to this section any 67 7 of the state funding appropriated for a program, service, or 67 8 placement listed in subsection 2. The decategorized state 67 9 funding may be used to provide any of the services listed in 67 10 subsection 2 which will best meet the needs of both the child 67 11 and the child's family. 67 12 4. The department may adopt emergency rules to implement 67 13 the provisions of this section. The rules adopted by the 67 14 department for the program shall not require a family or a 67 15 family member receiving a family support subsidy payment or 67 16 medical assistance home and community-based waiver services, 67 17 at the time of the program's implementation, to reapply, lose 67 18 a waiver slot, or otherwise change eligibility requirements 67 19 applicable to the family or a family member, except as 67 20 otherwise provided by law. 67 21 5. The program shall be implemented on or before June 30, 67 22 1999. The department shall make an initial report concerning 67 23 the program's implementation during the 1999 legislative 67 24 session and a final report prior to implementation of the 67 25 program. The department shall submit proposed legislation for 67 26 codification of the program in accordance with section 2.16 67 27 for consideration by the general assembly during the 2000 67 28 legislative session. 67 29 Sec. 40. JUVENILE DETENTION HOMES. If during the fiscal 67 30 year beginning July 1, 1998, and ending June 30, 1999, the 67 31 moneys collected by the state department of transportation 67 32 pursuant to sections 321.218A and 321A.32A, to be distributed 67 33 under law for use in the establishment, improvement, 67 34 operation, and maintenance of county or multicounty juvenile 67 35 detention homes, are projected to be less than $1,000,000, the 68 1 department of human services shall transfer, in accordance 68 2 with the requirements of section 8.39, an amount sufficient to 68 3 ensure $1,000,000 is actually distributed to such homes during 68 4 the fiscal year. 68 5 Sec. 41. NET STATE BUDGETING REVENUES. Notwithstanding 68 6 section 8.33, revenues generated by and moneys appropriated to 68 7 the state hospital-school at Glenwood pursuant to 1997 Iowa 68 8 Acts, chapter 208, section 17, and the provisions of this Act, 68 9 which are unexpended or unobligated, shall not revert to any 68 10 fund at the close of a fiscal year but shall remain available 68 11 for expenditure by the state hospital-school in the succeeding 68 12 fiscal year. Notwithstanding section 8.33, revenues generated 68 13 by and moneys appropriated to the state hospital-school at 68 14 Woodward pursuant to the provisions of this Act shall not 68 15 revert to any fund at the close of a fiscal year but shall 68 16 remain available for expenditure by the state hospital-school 68 17 in the succeeding fiscal year. 68 18 Sec. 42. CONTRACTS – PENALTIES. For the fiscal year 68 19 beginning July 1, 1998, and ending June 30, 1999, any contract 68 20 with a value which exceeds $150,000 entered into by the 68 21 department of human services shall include a provision to 68 22 assess a penalty for failure to meet performance expectations, 68 23 noncompliance, or any other breach of contract, in addition to 68 24 any other remedy under law. 68 25 Sec. 43. FINANCIAL ASSISTANCE SERVICES. 68 26 1. For purposes of this section, "financial assistance 68 27 services" means services or other assistance provided under 68 28 one or more of the following programs administered by the 68 29 department of human services: family investment program, 68 30 PROMISE JOBS program, medical assistance program, food stamp 68 31 program, state child care assistance program, refugee cash 68 32 assistance program, emergency assistance program, and child 68 33 support recovery program. 68 34 2. During the period beginning May 1, 1998, and ending 68 35 June 30, 1999, the department of human services may conduct a 69 1 pilot program or pilot programs for provisions of financial 69 2 assistance services. 69 3 3. Any pilot program conducted in accordance with this 69 4 section shall be designed to meet one or more of the following 69 5 financial assistance services goals: 69 6 a. A reduction in paperwork for applicants and recipients 69 7 of services, or staff, or both. 69 8 b. Streamlining or expediting the eligibility 69 9 determination process, to decrease the length of time it takes 69 10 to inform applicants for financial assistance services as to 69 11 the disposition of their request for the services. 69 12 c. Streamlining or expediting the referral process for 69 13 family investment program applicants and recipients to other 69 14 financial assistance services such as PROMISE JOBS or child 69 15 support recovery, so that referrals can be initiated in a more 69 16 timely manner in order to help move applicants and recipients 69 17 more quickly to economic self-sufficiency or toward reduced 69 18 reliance on government assistance. 69 19 d. Improved coordination of the management of financial 69 20 assistance services as applicants for and recipients of the 69 21 services work toward economic self-sufficiency. 69 22 e. Identification of policies, procedures, and practices 69 23 that could be altered or eliminated without materially 69 24 affecting the desired results for the family assistance 69 25 services. 69 26 4. Any pilot program conducted in accordance with this 69 27 section is subject to the following limitations and 69 28 parameters: 69 29 a. Notwithstanding any administrative rule, that is not 69 30 based in federal law, the department may alter policies, 69 31 procedures, and practices to waive the administrative rule, 69 32 that are based in state law, provided that the alterations do 69 33 not decrease an applicant's or recipient's choice of, or 69 34 ability to obtain, financial assistance services from the 69 35 department in comparison with the financial assistance 70 1 services that would otherwise be available. The department 70 2 may operate one or more pilot projects under this paragraph, 70 3 in not more than eight counties. 70 4 b. If the department obtains a waiver of federal law or 70 5 regulation, the department may alter policies, procedures, and 70 6 practices that are based in federal law, provided that the 70 7 alterations do not decrease an applicant's or recipient's 70 8 choice of, or ability to obtain, financial assistance services 70 9 from the department in comparison with the financial 70 10 assistance services that would otherwise be available. The 70 11 department may operate one or more projects under this 70 12 paragraph, in not more than eight counties. 70 13 c. In order to facilitate rapid implementation, except as 70 14 provided in paragraph "d", any pilot program authorized under 70 15 this section is exempt from the rulemaking procedures and 70 16 rulemaking requirements of chapter 17A. However, following 70 17 development of the pilot program, the department shall provide 70 18 a list of the laws or rules being waived to the chairpersons 70 19 and ranking members of the joint appropriations subcommittee 70 20 on human services, the administrative rules review committee, 70 21 the administrative rules coordinator, the legislative fiscal 70 22 bureau, and the legislative service bureau. In implementing a 70 23 pilot program under this section, the department shall take 70 24 steps to make applicants and recipients of services aware of 70 25 their choices, expectations, rights, and responsibilities. 70 26 d. The department shall adopt emergency rules establishing 70 27 a framework for the pilot projects implemented under this 70 28 section. The rules shall identify the participating counties, 70 29 the maximum duration of each pilot project, and generally 70 30 describe the scope and nature of each pilot project. Within 70 31 this framework, the department retains broad discretion to 70 32 revise a pilot project without further rulemaking describing 70 33 the revision. 70 34 Sec. 44. SEXUALLY VIOLENT PREDATORS. The department of 70 35 human services and the department of corrections shall work 71 1 with the office of the attorney general in jointly 71 2 establishing a task force for identifying the population of 71 3 persons deemed to be sexually violent predators and to develop 71 4 options appropriate for addressing public safety concerns 71 5 associated with this population. The task force deliberations 71 6 shall incorporate the provisions of any initial program 71 7 created by law for the commitment and treatment of sexually 71 8 violent predators. The task force may consult with qualified 71 9 mental health professionals, corrections professionals, 71 10 prosecutors, and others experienced in the assessment and 71 11 treatment of this population. The task force shall consider 71 12 currently available treatment options, the prevalence of 71 13 subpopulations which present a high risk of reoffending upon 71 14 release, and the percentage of the existing criminal sex 71 15 offender population which is not amenable to treatment under 71 16 currently known methods. The task force shall identify any 71 17 treatment methods known to have success in treating this 71 18 population and subpopulations as well as the costs associated 71 19 with those methods, develop a proposal for state-of-the-art 71 20 treatment of sexually violent predators, and develop a plan 71 21 describing possible use of treatment resources together with 71 22 options for intensive monitoring upon release. The task force 71 23 report shall be submitted on or before January 1, 1999, to the 71 24 members of the joint appropriations subcommittees on human 71 25 services and on the justice system. 71 26 Sec. 45. DEPENDENT ADULT ABUSE ASSESSMENT. The department 71 27 of human services, in consultation with the department of 71 28 elder affairs and the governor's planning council for 71 29 development disabilities, shall develop an assessment-based 71 30 approach to respond to dependent adult abuse reports made 71 31 pursuant to section 235B.3. The approach shall be developed 71 32 in the fiscal year beginning July 1, 1998. 71 33 Sec. 46. FRAUD AND RECOUPMENT ACTIVITIES. During the 71 34 fiscal year beginning July 1, 1998, notwithstanding the 71 35 restrictions in section 239B.11, the department of human 72 1 services may expend recovered moneys generated through fraud 72 2 and recoupment activities for additional fraud and recoupment 72 3 activities performed by the department of human services or 72 4 the department of inspections and appeals, subject to both of 72 5 the following conditions: 72 6 1. The director of human services or the director of 72 7 inspections and appeals determines that the investment can 72 8 reasonably be expected to increase recovery of assistance paid 72 9 in error, due to fraudulent or nonfraudulent actions, in 72 10 excess of the amount recovered in the fiscal year beginning 72 11 July 1, 1997. 72 12 2. The amount expended for the additional fraud and 72 13 recoupment activities shall not exceed the amount of the 72 14 projected increase in assistance recovered. 72 15 Sec. 47. MEDICAL AND SURGICAL TREATMENT OF INDIGENT 72 16 PERSONS – STUDY. The legislative council is requested to 72 17 establish a 1998 legislative interim committee to review the 72 18 medical and surgical treatment of indigent persons in the 72 19 state through the university of Iowa hospitals and clinics 72 20 under chapter 255 and 255A. The review should include but is 72 21 not limited to the programs and services provided and the 72 22 possibility of providing these programs and services at 72 23 alternative locations throughout the state. 72 24 Sec. 48. HAWK-I TRUST FUND. 72 25 1. If House File 2517 is enacted by the Seventy-seventh 72 26 General Assembly, 1998 Session, a HAWK-I trust fund is created 72 27 in the state treasury under the authority of the department of 72 28 human services, in which all state appropriations shall be 72 29 deposited and used to carry out the purposes of chapter 514I. 72 30 Other revenues of the program such as grants, contributions, 72 31 and participant payments shall not be considered revenue of 72 32 the state, but rather shall be funds of the program. 72 33 2. The trust fund shall be separate from the general fund 72 34 of the state and shall not be considered part of the general 72 35 fund of the state. The moneys in the trust fund are not 73 1 subject to section 8.33 and shall not be transferred, used, 73 2 obligated, appropriated, or otherwise encumbered except as 73 3 provided in chapter 514I. Notwithstanding section 12C.7, 73 4 subsection 2, interest or earnings on moneys deposited in the 73 5 trust fund shall be credited to the trust fund. 73 6 DIVISION II – DOMESTIC VIOLENCE OPTION 73 7 Sec. 49. DOMESTIC VIOLENCE OPTION. The provisions of this 73 8 Division relating to domestic violence provide for the state 73 9 of Iowa's implementation of the domestic violence option under 73 10 42 U.S.C. } 602(a)(7). 73 11 Sec. 50. Section 239B.2, subsection 6, Code Supplement 73 12 1997, is amended to read as follows: 73 13 6. COOPERATION WITH CHILD SUPPORT REQUIREMENTS. The 73 14 department shall provide for prompt notification of the 73 15 department's child support recovery unit if assistance is 73 16 provided to a child whose parent is absent from the home. An 73 17 applicant or participant shall cooperate with the child 73 18 support recovery unit and the department as provided in 42 73 19 U.S.C. } 608(a)(2) unless the applicant or participant 73 20 qualifies for good cause or other exception as determined by 73 21 the department in accordance with the best interest of the 73 22 child, parent, or specified relative, and with standards 73 23 prescribed by rule. The authorized good cause or other 73 24 exceptions shall include participation in a family investment 73 25 agreement safety plan option to address or prevent family or 73 26 domestic violence and other consideration given to the 73 27 presence of family or domestic violence. If a specified 73 28 relative with whom a child is residing fails to comply with 73 29 these cooperation requirements, a sanction shall be imposed as 73 30 defined by rule in accordance with state and federal law. 73 31 Sec. 51. Section 239B.4, Code Supplement 1997, is amended 73 32 by adding the following new subsection: 73 33 NEW SUBSECTION. 2A. The department shall develop and use 73 34 a screening tool for determining the likely presence of family 73 35 and domestic violence affecting applicant and participant 74 1 families. The department shall require the use of the 74 2 screening tool by trained employees. 74 3 Sec. 52. Section 239B.8, subsection 2, Code Supplement 74 4 1997, is amended by adding the following new paragraph: 74 5 NEW PARAGRAPH. i. Participation in a safety plan to 74 6 address or prevent family or domestic violence. The safety 74 7 plan may include a temporary waiver period from required 74 8 participation in the JOBS program or other employment-related 74 9 activities, as appropriate for the situation of the applicant 74 10 or participant. All applicants and participants shall be 74 11 informed regarding the existence of this option. 74 12 Participation in this option shall be subject to review in 74 13 accordance with administrative rule. 74 14 Sec. 53. ELIGIBILITY FOR IMMIGRANTS SUBJECTED TO EXTREME 74 15 CRUELTY. The department shall include in the temporary 74 16 assistance for needy families state plan a provision of family 74 17 investment program eligibility for immigrants who are 74 18 qualified aliens under the provisions of 8 U.S.C. } 1641(c) 74 19 regarding immigrants who have been battered or subjected to 74 20 extreme cruelty. The department shall adopt administrative 74 21 rules as necessary to implement the provisions of this 74 22 section. 74 23 Sec. 54. APPLICABILITY. The department of human services 74 24 shall field test the screening tool requirements of section 74 25 239B.4, subsection 2A, as enacted by this Division, in both 74 26 urban and rural areas during the fiscal year beginning July 1, 74 27 1998, and shall apply the requirements statewide beginning 74 28 July 1, 1999. 74 29 DIVISION III – FIP LIMITED BENEFIT PLANS 74 30 Sec. 55. Section 239B.9, subsection 1, Code Supplement 74 31 1997, is amended to read as follows: 74 32 1. GENERAL PROVISIONS. 74 33 a. If a participant responsible for signing and fulfilling 74 34 the terms of a family investment agreement, as defined by the 74 35 director of human services in accordance with section 239B.8, 75 1 chooses not to sign or fulfill the terms of the agreement, the 75 2 participant's family, or the individual participant shall 75 3 enter into a limited benefit plan. A limited benefit plan 75 4 shall apply for the period of time specified in this section. 75 5 The first month of the limited benefit plan is the first month 75 6 after the month in which timely and adequate notice of the 75 7 limited benefit plan is given to the participant as defined by 75 8 the director of human services. A participant who is exempt 75 9 from the JOBS program but who volunteers for the program is 75 10 not subject to imposition of a limited benefit plan. The 75 11 elements of a limited benefit plan shall be specified in the 75 12 department's rules. 75 13 b. For purposes of this lettered paragraph, "significant 75 14 contact with or action in regard to the JOBS program" means 75 15 the individual participant communicates to the JOBS program 75 16 worker the desire to engage in JOBS program activities, signs 75 17 a new or updated family investment agreement, and takes any 75 18 other action required by the department in accordance with 75 19 rules adopted for this purpose. A limited benefit plan 75 20 applied in error shall not be considered to have been applied. 75 21 A limited benefit plan is applicable to the individual 75 22 participant choosing the limited benefit plan and to the 75 23 individual participant's family members to which the plan is 75 24 applicable under subsection 2. A limited benefit plan shall 75 25 either be a first limited benefit plan or a subsequent limited 75 26 benefit plan. A limited benefit plan shall be applied as 75 27 follows: 75 28 (1) A first limited benefit plan shall provide for 75 29 continuing ineligibility for assistance until the individual 75 30 participant completes significant contact with or action in 75 31 regard to the JOBS program. 75 32 (2) A limited benefit plan subsequent to a first limited 75 33 benefit plan chosen by the same individual participant shall 75 34 provide for a six-month period of ineligibility beginning with 75 35 the effective date of the limited benefit plan and continuing 76 1 indefinitely following the six-month period until the 76 2 individual participant completes significant contact with or 76 3 action in regard to the JOBS program. 76 4 (3) For a two-parent family in which both parents are 76 5 responsible for a family investment agreement, a first or 76 6 subsequent limited benefit plan shall remain applicable until 76 7 both parents complete significant contact with or action in 76 8 regard to the JOBS program. A limited benefit plan applied to 76 9 the same two-parent family shall be a subsequent limited 76 10 benefit plan. 76 11 Sec. 56. Section 239B.9, subsection 2, paragraphs a and b, 76 12 Code Supplement 1997, are amended to read as follows: 76 13 a. PARENT. If the participant responsible for the family 76 14 investment agreement is a parent or a specified relative,for76 15a first limited benefit plan, the participant's family is76 16eligible for up to three months of reduced assistance based on76 17the needs of the children onlythe limited benefit plan is 76 18 applicable to the entire participant family.At the end of76 19the three-month period of reduced assistance, the family76 20becomes ineligible for assistance for a six-month period. For76 21a second or subsequent limited benefit plan chosen by the same76 22participant, a six-month period of ineligibility applies76 23beginning with the effective date of the limited benefit plan.76 24 If the family reapplies for assistance aftera six-monthan 76 25 ineligibility period, eligibility shall be established in the 76 26 same manner as for any other new applicant.A limited benefit76 27plan imposed in error shall not be considered a first limited76 28benefit plan.76 29 b. NEEDY RELATIVE PAYEE. If the participant choosing a 76 30 limited benefit plan is a needy relative who acts as payee 76 31 when the parent is in the home but is unable to act as payee, 76 32 or is a dependent child's stepparent whose needs are included 76 33 in the assistance because of incapacity or caregiving, the 76 34 limited benefit plan shall apply only to the individual 76 35 participant choosing the plan.The individual participant77 1choosing the limited benefit plan is ineligible for nine77 2months from the effective date of the limited benefit plan.77 3For a second or subsequent limited benefit plan chosen by the77 4same individual participant, a six-month period of77 5ineligibility applies beginning with the effective date of the77 6limited benefit plan.77 7 Sec. 57. Section 239B.9, subsection 2, paragraph e, 77 8 subparagraph (1), Code Supplement 1997, is amended to read as 77 9 follows: 77 10 (1) If the parent or specified relative responsible for a 77 11 family investment agreement meets the responsibilities of the 77 12 family investment agreement but a child who is a mandatory 77 13 JOBS program participant chooses an individual limited benefit 77 14 plan, the family is eligible for reduced assistance during the 77 15 child's limited benefit plan.However, the child, as part of77 16the family, is ineligible for nine months for a first limited77 17benefit plan and six months for a second or subsequent limited77 18benefit plan.77 19 Sec. 58. Section 239B.9, subsection 2, paragraph g, Code 77 20 Supplement 1997, is amended to read as follows: 77 21 g. TWO PARENTS. If the participant family includes two 77 22 parents, a limited benefit plan shall be applied as follows: 77 23 (1) If only one parent of a child in the family is 77 24 responsible for a family investment agreement and that parent 77 25 chooses the limited benefit plan, the limited benefit plan 77 26 cannot be ended by the voluntary participation in a family 77 27 investment agreement by the exempt parent.However, the77 28exempt parent may continue to be included in the participant77 29family's grant during the three-month reduced assistance77 30period by volunteering to participate in the JOBS family77 31investment program-unemployed parent work program. If a77 32second or subsequent limited benefit plan is chosen by either77 33parent, the family becomes ineligible for a six-month period77 34beginning with the effective date of the limited benefit plan.77 35 If the parent responsible for the family investment agreement 78 1 chooses a limited benefit plan, the limited benefit plan 78 2 applies to the entire family. 78 3 (2) If both parents of a child in the family are 78 4 responsible for a family investment agreement, both parents 78 5 shall sign the agreement. If either parent chooses the 78 6 limited benefit plan, the limited benefit plan cannot be ended 78 7 by the participation of the other parent in a family 78 8 investment agreement.However, the other parent may continue78 9to be included in the family's grant during the three-month78 10reduced assistance period by participating in the JOBS family78 11investment program-unemployed parent work program. If a78 12second or subsequent limited benefit plan is chosen by either78 13parent, the family becomes ineligible for a six-month period78 14beginning with the effective date of the limited benefit plan.78 15 (3) If the parents from a two-parent family in a limited 78 16 benefit plan separate, the limited benefit plan shall follow 78 17 only the parent who chose the limited benefit plan and any 78 18 children in the home of that parent. 78 19 Sec. 59. Section 239B.9, subsection 3, paragraph a, Code 78 20 Supplement 1997, is amended to read as follows: 78 21 a. A participant who does not establish an orientation 78 22 appointment with the JOBS program or who fails to keep or 78 23 reschedule an orientation appointment shall receive a reminder 78 24 letter which informs the participant that those who do not 78 25 attend orientation have elected to choose a limited benefit 78 26 plan. A participant who chooses not to respond to the 78 27 reminder letter within ten calendar days from the mailing date 78 28 shall receive notice establishing the effective date of the 78 29 limited benefit plan, the beginning date of the period of78 30reduced assistance, and the beginning and ending dates of the78 31six-month period of ineligibility. If a participant is deemed 78 32 to have chosen a limited benefit plan, timely and adequate 78 33 notice provisions, as determined by the director of human 78 34 services, shall apply. 78 35 Sec. 60. Section 239B.9, subsections 4, 5, and 6, Code 79 1 Supplement 1997, are amended to read as follows: 79 2 4. RECONSIDERATION. A participant who chooses a limited 79 3 benefit plan may reconsider that choice as follows: 79 4 a. A participant who chooses a first limited benefit plan 79 5rather than sign a family investment agreement shall have the79 6entire three-month period of reduced assistancemay reconsider 79 7 at any time following the effective date of the limited 79 8 benefit planto reconsider and begin development of the family79 9investment agreement. The participant may contact the 79 10 department or the appropriate JOBS program office any time 79 11during the first three months of the limited benefit planto 79 12 begin the reconsideration process.Although family investment79 13program assistance shall not begin until the participant signs79 14a family investment agreement during the JOBS program79 15orientation and assessment process, retroactive assistance79 16shall be issued as defined by the director of human services.79 17A limited benefit plan imposed in error shall not be79 18considered a first limited benefit plan.79 19b. A participant who signs a family investment agreement79 20but does not carry out the family investment agreement79 21responsibilities shall be deemed to have chosen a limited79 22benefit plan and shall not be allowed to reconsider that79 23choice.79 24c.b. A participant who chooses asecond orsubsequent 79 25 limited benefit planshall not be allowed tomay reconsider 79 26 that choice at any time following the required period of 79 27 ineligibility. 79 28 5. WELL-BEING VISIT. If a participant has chosen a 79 29 subsequent limited benefit plan, a qualifiedsocial services79 30 professional shall attempt to visit with the participantto79 31inquire into the family'sfamily with a focus upon the 79 32 children's well-being. The visit shall be performed during or 79 33 within four weeks of the second month of the start of the 79 34 subsequent limited benefit plan. The visit shall serve as an 79 35 extension of the family investment program and the family 80 1 investment agreement philosophy of supporting families as they 80 2 move toward self-sufficiency. The department may contract for 80 3these servicesthe visit.The visit shall be made in80 4accordance with the following:80 5a. For a participant in a first limited benefit plan who80 6has the reconsideration option, a qualified social services80 7professional, as defined by the director of human services,80 8shall inquire into the well-being of the family during month80 9two of the period of reduced assistance. If the participant80 10who is responsible for a family investment agreement indicates80 11a desire to develop a family investment agreement, the80 12qualified social services professional shall assist the80 13participant in establishing an appointment with the80 14appropriate JOBS program office.80 15b. For a participant in a first limited benefit plan who80 16does not enter into the family investment agreement process80 17during the three-month reconsideration period, a qualified80 18social services professional shall make another inquiry as to80 19the well-being of the family during month four of the limited80 20benefit plan.80 21c. A participant who signs the family investment agreement80 22but does not carry out family investment agreement80 23responsibilities and, consequently, has chosen a first limited80 24benefit plan shall not be allowed to reconsider that choice.80 25However, a social services professional shall inquire as to80 26the well-being of the family during month four of the limited80 27benefit plan.80 28d. A participant who has chosen a second or subsequent80 29limited benefit plan shall not be allowed to reconsider that80 30choice. However, a qualified social services professional80 31shall make inquiry into the well-being of the family during80 32month two of the limited benefit plan.80 33 6. APPEAL. A participant has the right to appeal the 80 34 establishment of the limited benefit plan only once,except80 35for a first limited benefit plan two opportunities to appeal81 1shall be available. A participant in a first limited benefit81 2plan has the right to appeal the limited benefit plan at the81 3time the department issues timely and adequate notice81 4establishing the limited benefit plan, or at the time the81 5department issues the subsequent notice that establishes the81 6six-month period of ineligibility. A participant who has81 7chosen a second or subsequent limited benefit plan has the81 8right to appeal onlyat the time the department issues the 81 9 timely and adequate notice that establishes thesix-month81 10period of ineligibilitylimited benefit plan. However, if the 81 11 reason for the appeal is based on an incorrect grant 81 12 computation, an error in determining the composition of the 81 13 family, or another worker error, a hearing shall be granted, 81 14 regardless of the person's limited benefit plan status. 81 15 Sec. 61. APPLICABILITY – RULES. 81 16 1. The department of human services shall adopt 81 17 administrative rules to implement the provisions of this 81 18 division of this Act and the provisions shall apply beginning 81 19 with the effective date specified in those rules. However, 81 20 the effective date specified in the administrative rules shall 81 21 be no earlier than January 1, 1999. 81 22 2. If a limited benefit plan was chosen by a participant 81 23 prior to the effective date of the administrative rules, a 81 24 limited benefit plan chosen by that participant on or after 81 25 the effective date shall be considered a subsequent benefit 81 26 plan. 81 27 3. A limited benefit plan in effect on the effective date 81 28 of the administrative rules shall remain subject to the law 81 29 and rules applicable to that limited benefit plan at the time 81 30 the plan was imposed until that limited benefit plan's period 81 31 has ended. 81 32 DIVISION IV – PRIVATE AGENCY CONTRACTS 81 33 Sec. 62. PRIVATE AGENCY CONTRACTS. The auditor of state 81 34 and the director of human services shall jointly develop a 81 35 process for exempting a private agency awarded a grant, 82 1 contract, or purchase of service contract through the 82 2 department of human services for the fiscal year beginning 82 3 July 1, 1998, and ending June 30, 1999, from the requirement 82 4 to obtain a certification from the auditor of state pursuant 82 5 to section 11.36. The process shall apply a monetary 82 6 threshold, provide for acceptance of existing audits, or 82 7 utilize other methods to determine the adequacy of a private 82 8 agency's accounting practices in a manner which is not 82 9 burdensome to the private agency or the state. The auditor of 82 10 state and the director of human services shall submit a report 82 11 of the process developed to the general assembly on or before 82 12 January 1, 1999. 82 13 Sec. 63. Section 217.41, Code 1997, is repealed. 82 14 DIVISION V – STATUTORY REVISIONS 82 15 Sec. 64. 1997 Iowa Acts, chapter 208, section 2, 82 16 unnumbered paragraph 3, is amended by striking the unnumbered 82 17 paragraph. 82 18 Sec. 65. 1997 Iowa Acts, chapter 208, section 17, 82 19 subsection 1, paragraph a, subparagraph (1), is amended to 82 20 read as follows: 82 21 (1) The department shall implement a pilot project of 82 22 operating the hospital-school with a net general fund 82 23 appropriation. The amount allocated in this paragraph is the 82 24 net state appropriation amount projected to be needed for the 82 25 state hospital-school at Glenwood. Purposes of the pilot 82 26 project are to encourage the hospital-school to operate with 82 27 increased self-sufficiency, to improve quality and efficiency, 82 28 and to support collaborative efforts between the hospital- 82 29 school and counties and other funders of services available 82 30 from the hospital-school. The pilot project shall not be 82 31 implemented in a manner which results in a cost increase to 82 32 the state or cost shifting between the state, the medical 82 33 assistance program, counties, or other sources of funding for 82 34 the state hospital-school. Moneys allocated in this paragraph 82 35 may be used throughout the fiscal year in the manner necessary 83 1 for purposes of cash flow management, and for purposes of cash 83 2 flow management the hospital-school may temporarily draw more 83 3 than the amount allocated, provided the amount allocated is 83 4 not exceeded at the close of the fiscal year. For the 83 5 purposes of calculating the August 31, 1998, fiscal year 1997- 83 6 1998 ending balance under this subsection, the department 83 7 shall include county receivables billed but not yet received. 83 8 However, only receipts received within 90 days of being billed 83 9 for fiscal year 1997-1998 services shall be included. The 83 10 state hospital-school at Glenwood may draw upon the general 83 11 fund of the state in an amount equal to the amount of the 83 12 receipts not yet received. 83 13 Sec. 66. Section 135H.6, subsection 5, Code 1997, is 83 14 amended to read as follows: 83 15 5. The department of human services has submitted written 83 16 approval of the application based on the department of human 83 17 services' determination of need. The department of human 83 18 services shall identify the location and number of children in 83 19 the state who require the services of a psychiatric medical 83 20 institution for children. Approval of an application shall be 83 21 based upon the location of the proposed psychiatric 83 22 institution relative to the need for services identified by 83 23 the department of human services and an analysis of the 83 24 applicant's ability to provide services and support consistent 83 25 with requirements under chapter 232, particularly regarding 83 26 community-based treatment. If the proposed psychiatric 83 27 institution is not freestanding from a facility licensed under 83 28 chapter 135B or 135C, approval under this subsection shall not 83 29 be given unless the department of human services certifies 83 30 that the proposed psychiatric institution is capable of 83 31 providing a resident with a living environment similar to the 83 32 living environment provided by a licensee which is 83 33 freestanding from a facility licensed under chapter 135B or 83 34 135C. Unless a psychiatric institution was accredited to 83 35 provide psychiatric services by the joint commission on the 84 1 accreditation of health care organizations under the 84 2 commission's consolidated standards for residential settings 84 3 prior to June 1, 1989, the department of human services shall 84 4 not approve an application for a license under this chapter 84 5 until the federal health care financing administration has 84 6 approved a state Title XIX plan amendment to include coverage 84 7 of services in a psychiatric medical institution for children. 84 8 In addition, either of the following conditions must be met: 84 9 a. The department of human services shall not give 84 10 approval to an application which would cause the total number 84 11 of beds licensed under this chapter to exceed three hundred 84 12 sixty beds, except as provided in paragraph "b" and paragraph 84 13 "c", with not more than three hundred of the beds licensed 84 14 under chapter 237 before January 1, 1989, and not more than 84 15 sixty of the beds licensed under chapter 237 on or after 84 16 January 1, 1989. 84 17 b. The department of human services shall not give 84 18 approval to an application which would cause the total number 84 19 of beds licensed under this chapter after June 30, 1990, which 84 20 specialize in providing substance abuse treatment to children 84 21 to exceed seventy beds. 84 22 c. The department of human services may establish not more 84 23 than thirty beds licensed under this chapter at the state 84 24 mental health institute at Independence. The beds shall be 84 25 exempt from the certificate of need requirement under 84 26 subsection 4. 84 27 Sec. 67. Section 217.12, subsection 3, Code 1997, is 84 28 amended by adding the following new paragraph: 84 29 NEW PARAGRAPH. g. Designation of agreement provisions for 84 30 tracking and reporting performance measures developed pursuant 84 31 to subsection 4. 84 32 Sec. 68. Section 222.68, Code 1997, is amended to read as 84 33 follows: 84 34 222.68 COSTS PAID IN FIRST INSTANCE. 84 35 All necessary and legal expenses for the cost of admission 85 1 or commitment of a person to a hospital-school or a special 85 2 unit when the person's legal settlement is found to be in 85 3 another county of this state shall in the first instance be 85 4 paid by the county from which the person was admitted or 85 5 committed. The county of legal settlement shall reimburse the 85 6 countyso payingwhich pays for all such expenses. Where any 85 7 county fails to make such reimbursement withinsixtyforty- 85 8 five days following submission of a properly itemized bill to 85 9 the county of legal settlement, a penalty of not greater than 85 10 one percent per month on and aftersixtyforty-five days from 85 11 submission of the bill may be added to the amount due. 85 12 Sec. 69. Section 222.75, Code 1997, is amended to read as 85 13 follows: 85 14 222.75 DELINQUENT PAYMENTS – PENALTY. 85 15 Should any county fail to pay the bills withinsixtyforty- 85 16 five days from the dateofthe county received the certificate 85 17 from the superintendent, the director of revenue and finance 85 18 may charge the delinquent county a penalty of not greater than 85 19 one percent per month on and aftersixtyforty-five days from 85 20 dateofthe county received the certificate until paid. 85 21 Sec. 70. Section 222.78, Code 1997, is amended to read as 85 22 follows: 85 23 222.78 PARENTS AND OTHERS LIABLE FOR SUPPORT. 85 24 The father and mother of anypersonpatient admitted or 85 25 committed to a hospital-school or to a special unit, as either 85 26 an inpatient or an outpatient, and any person, firm, or 85 27 corporation bound by contracthereaftermade for support of 85 28 theperson shall be and remainpatient is liable for the 85 29 support of thepersonpatient. Thepersonpatient and those 85 30 legally bound for the support of thepersonpatient shall be 85 31 liable to the county for all sums advanced by the county to 85 32 the state under the provisions of sections 222.60 and 222.77. 85 33 The liability of any person, other than the patient, who is 85 34 legally bound for the support ofanya patient who is under 85 35 eighteen years of age in a hospital-school or a special unit 86 1 shallin no instancenot exceed the average minimum cost of 86 2 the care of a normally intelligent, nonhandicappedminor 86 3 without a disability of the same age and sex as the minor 86 4 patient. The administrator shall establish the scale for this 86 5 purpose but the scale shall not exceed the standards for 86 6 personal allowances established by the state division under 86 7 the family investment program.Provided further that the86 8father or mother of the person shall not be liable for the86 9support of the person after the person attains the age of86 10eighteen years and that theThe father or mother shall incur 86 11 liability only during any period when the father or mother 86 12 either individually or jointly receive a net income from 86 13 whatever source, commensurate with that upon which they would 86 14 be liable to make an income tax payment to this state. The 86 15 father or mother of a patient shall not be liable for the 86 16 support of the patient upon the patient attaining eighteen 86 17 years of age. Nothing in this section shall be construed to 86 18 prevent a relative or other person from voluntarily paying the 86 19 full actual cost as established by the administrator for 86 20 caring for thepersonpatient with mental retardation. 86 21 Sec. 71. Section 225C.38, subsection 1, paragraph c, Code 86 22 1997, is amended to read as follows: 86 23 c. Except as provided in section 225C.41, a family support 86 24 subsidy for a fiscal year shall be in an amount equivalent to 86 25 the monthly maximum supplemental security income payment 86 26 available in Iowa on July 1 of that fiscal year for an adult 86 27 recipient living in the household of another, as formulated 86 28 under federal regulations. In addition, the parent or legal 86 29 guardian of a family member who is in an out-of-home placement 86 30 at the time of application may receive a one-time lump-sum 86 31 advance payment of twice the monthly family support subsidy 86 32 amount for the purpose of meeting the special needs of the 86 33 family in preparing for in-home care. The parent or legal 86 34 guardian receiving a family support subsidy may elect to 86 35 receive a payment amount which is less than the amount 87 1 determined in accordance with this paragraph. 87 2 Sec. 72. Section 225C.48, subsection 5, Code 1997, is 87 3 amended by striking the subsection. 87 4 Sec. 73. Section 229.42, unnumbered paragraph 4, Code 87 5 Supplement 1997, is amended to read as follows: 87 6 Should any county fail to pay these bills withinsixty87 7 forty-five days from the dateofthe county received the 87 8 certificate from superintendent, the director of revenue and 87 9 finance shall charge the delinquent county the penalty of one 87 10 percent per month on and aftersixtyforty-five days from date 87 11ofthe county received the certificate until paid. Such 87 12 penalties shall be credited to the general fund of the state. 87 13 Sec. 74. Section 230.22, Code 1997, is amended to read as 87 14 follows: 87 15 230.22 PENALTY. 87 16 Should any county fail to pay the amount billed by a 87 17 statement submitted pursuant to section 230.20 withinsixty87 18 forty-five days from the date the statement iscertified87 19 received by thesuperintendentcounty, the director of revenue 87 20 and finance shall charge the delinquent county the penalty of 87 21 one percent per month on and aftersixtyforty-five days from 87 22 the date the statement iscertifiedreceived by the county 87 23 until paid. Provided, however, that the penalty shall not be 87 24 imposed if the county has notified the director of revenue and 87 25 finance of error or questionable items in the billing, in 87 26 which event, the director of revenue and financemayshall 87 27 suspend the penalty only during the period of negotiation. 87 28 Sec. 75. Section 234.12A, if enacted by 1998 Iowa Acts, 87 29 House File 2468, is amended by adding the following new 87 30 subsection: 87 31 NEW SUBSECTION. 3. For the purposes of this section, 87 32 "retailer" means a business authorized by the United States 87 33 department of agriculture to accept food stamp benefits. 87 34 Sec. 76. Section 239B.11, subsection 2, Code Supplement 87 35 1997, is amended to read as follows: 88 1 2. A diversion program subaccount is created within the 88 2 family investment program account. The subaccount may be used 88 3 to provide incentives to divert applicants' participation in 88 4 the family investment program if the applicantswould88 5otherwise be eligiblemeet income eligibility requirements for 88 6 assistance. Incentives may be provided in the form of payment 88 7 or services with a focus on helping applicants to obtain or 88 8 retain employment. The diversion program subaccount may also 88 9 be used for payments to participants as necessary to cover the 88 10 expenses of removing barriers to employment. 88 11 Sec. 77. Section 249A.3, subsection 1, paragraph g, 88 12 subparagraph (2), Code Supplement 1997, is amended to read as 88 13 follows: 88 14 (2) Is a childborn after September 30, 1983,who has 88 15 attained six years of age but has not attained nineteen years 88 16 of ageas prescribed by the federal Omnibus Budget88 17Reconciliation Act of 1990, Pub. L. No. 101-508, } 4601, whose 88 18 income is not more than one hundred thirty-three percent of 88 19 the federal poverty level, as defined by the most recently 88 20 revised poverty income guidelines published by the United 88 21 States department of health and human services. 88 22 Sec. 78. Section 541A.3, subsection 5, Code 1997, is 88 23 amended to read as follows: 88 24 5. The administrator shall coordinate the filing of claims 88 25 for savings refunds authorized under subsection 1, between 88 26 account holders, operating organizations, and the department 88 27 of revenue and finance. Claims approved by the administrator 88 28 may be paid by the department of revenue and finance to each 88 29 account or for an aggregate amount for distribution to the 88 30 accounts in a particular financial institution, depending on 88 31 the efficiency for issuing the refunds. Claims shall be 88 32 initially filed with the administrator on or before a date 88 33 established by the administrator. Claims approved by the 88 34 administrator shall be paid from the general fund of the state 88 35 in the manner specified in section 422.74. 89 1 Sec. 79. IMPLEMENTATION – STATE MANDATE. Section 25B.2, 89 2 subsection 3, shall not apply to the provisions of this 89 3 Division amending sections 222.68, 222.75, 229.42, and 230.22. 89 4 Sec. 80. EMERGENCY RULES. If specifically authorized by a 89 5 provision of this Act, the department of human services or the 89 6 mental health and mental retardation commission may adopt 89 7 administrative rules under section 17A.4, subsection 2, and 89 8 section 17A.5, subsection 2, paragraph "b", to implement the 89 9 provisions and the rules shall become effective immediately 89 10 upon filing, unless the effective date is delayed by the 89 11 administrative rules review committee, notwithstanding section 89 12 17A.4, subsection 5, and section 17A.8, subsection 9, or a 89 13 later effective date is specified in the rules. Any rules 89 14 adopted in accordance with this section shall not take effect 89 15 before the rules are reviewed by the administrative rules 89 16 review committee. Any rules adopted in accordance with the 89 17 provisions of this section shall also be published as notice 89 18 of intended action as provided in section 17A.4. 89 19 Sec. 81. REPORTS. Any reports or information required to 89 20 be compiled and submitted under this Act shall be submitted to 89 21 the chairpersons and ranking members of the joint 89 22 appropriations subcommittee on human services, the legislative 89 23 fiscal bureau, the legislative service bureau, and to the 89 24 caucus staffs on or before the dates specified for submission 89 25 of the reports or information. 89 26 Sec. 82. Section 239B.23, Code Supplement 1997, is 89 27 repealed. 89 28 Sec. 83. EFFECTIVE DATE. The following provisions of this 89 29 Act, being deemed of immediate importance, take effect upon 89 30 enactment: 89 31 1. Section 1, supplementing an appropriation made in 1997 89 32 Iowa Acts, chapter 202. 89 33 2. Section 5, subsection 7, relating to X-pert computer 89 34 system funding. 89 35 3. Section 7, subsection 4, relating to a request for 90 1 proposals for managed behavioral health and substance abuse 90 2 care. 90 3 4. Section 7, subsection 12, relating to reinstatement of 90 4 the employment earnings disregard. 90 5 5. Section 15, subsection 2, paragraph "e", relating to 90 6 requirements of section 232.143, for the 1997-1998 and 1998- 90 7 1999 fiscal years. 90 8 6. Section 15, subsection 18, relating to continuation of 90 9 clinical assessment and consultation teams. 90 10 7. Section 15, subsection 19, paragraph "b", relating to 90 11 authority to use moneys for support of the child welfare 90 12 services work group. 90 13 8. Section 18, subsection 1, relating to determining 90 14 allocation of court-ordered services funding. 90 15 9. Section 41, relating to net state budgeting at the 90 16 state hospital-schools. 90 17 10. Section 43, relating to financial assistance services. 90 18 11. Section 62, relating to private agency contracts. 90 19 12. Sections 64 and 65, amending 1997 Iowa Acts, chapter 90 20 208. 90 21 13. Section 72, striking a provision of Code section 90 22 225C.48. 90 23 Sec. 84. EFFECTIVE DATE – APPLICABILITY. Section 78 of 90 24 this Act, amending Code section 541A.3, being deemed of 90 25 immediate importance, takes effect upon enactment and is 90 26 retroactively applicable to January 1, 1998. 90 27 90 28 90 29 90 30 MARY E. KRAMER 90 31 President of the Senate 90 32 90 33 90 34 90 35 RON J. CORBETT 91 1 Speaker of the House 91 2 91 3 I hereby certify that this bill originated in the Senate and 91 4 is known as Senate File 2410, Seventy-seventh General Assembly. 91 5 91 6 91 7 91 8 MARY PAT GUNDERSON 91 9 Secretary of the Senate 91 10 Approved , 1998 91 11 91 12 91 13 91 14 TERRY E. BRANSTAD 91 15 Governor
Text: SF02409 Text: SF02411 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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