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House Amendment 1292

Amendment Text

PAG LIN
  1  1    Amend House File 664 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  331.440A  ADULT MENTAL
  1  5 HEALTH, MENTAL RETARDATION, AND DEVELOPMENTAL
  1  6 DISABILITIES SERVICES FUNDING DECATEGORIZATION PILOT
  1  7 PROJECT.
  1  8    1.  DEFINITIONS.  For the purposes of this section,
  1  9 unless the context requires otherwise:
  1 10    a.  "Department" means the department of human
  1 11 services.
  1 12    b.  "Pilot project areas" means the pilot project
  1 13 created under this section involving the three-county
  1 14 or multicounty single entry point process
  1 15 administrative areas designated in accordance with
  1 16 this section.
  1 17    c.  "Target population" means any person who is a
  1 18 legal resident of a pilot project county and meets
  1 19 both of the following conditions:
  1 20    (1)  The person is eighteen years of age or older.
  1 21 However, a person who is more than sixty-four years of
  1 22 age who requires full-time nursing facility care shall
  1 23 not be included in the target population.
  1 24    (2)  The person is eligible for assistance under
  1 25 the pilot project county management plan approved
  1 26 under section 331.439.
  1 27    2.  PURPOSE.  The purpose of the pilot project is
  1 28 to improve outcomes for service consumers by allowing
  1 29 pilot project counties to administer overall projected
  1 30 funding from state and federal sources together with
  1 31 other available funding, and by reducing or
  1 32 eliminating unnecessary barriers associated with
  1 33 funding sources, and thereby to creatively meet the
  1 34 divergent, individual needs of service consumers in
  1 35 the community.
  1 36    3.  PROJECT ESTABLISHED.  The department of human
  1 37 services shall establish a pilot project for
  1 38 decategorizing the public funding for adult mental
  1 39 health, mental retardation, and developmental
  1 40 disabilities services in accordance with this section.
  1 41 The pilot project shall include the three-county
  1 42 single entry point process administrative areas
  1 43 designated for decategorization planning under 1997
  1 44 Iowa Acts, chapter 169, section 13.  Under the pilot
  1 45 project, a projected funding amount for a fiscal year
  1 46 shall be developed for each of the three
  1 47 administrative areas, from the funding sources
  1 48 designated in this section.  The projected funding
  1 49 amount for a fiscal year, manner of payment, and other
  1 50 provisions of the pilot project shall be delineated in
  2  1 contracts between the department and the counties
  2  2 involved in the pilot project.
  2  3    4.  COUNTY MANAGEMENT PLAN.  The counties
  2  4 participating in the pilot project shall amend their
  2  5 county management plans approved under section 331.439
  2  6 to be applicable to the period of the pilot project.
  2  7 Unless a change in federal or state funding provisions
  2  8 reduces the availability  of funding, a pilot project
  2  9 county's management plan eligibility provisions shall
  2 10 not be more restrictive than the provisions in effect
  2 11 as of June 30, 1999.  The amended county management
  2 12 plans shall address the service needs of the
  2 13 populations served under the funding sources included
  2 14 in the pilot project beginning with the applicable
  2 15 phase.
  2 16    For purposes of determining the financial
  2 17 responsibility of a pilot project county, a legal
  2 18 resident includes anyone living in the county at the
  2 19 time services or other support are provided who is a
  2 20 member of the target population.  A legal resident
  2 21 includes but is not limited to a person who is
  2 22 homeless or living in a homeless shelter.  However, if
  2 23 an individual resides in a pilot project county as a
  2 24 result of placement or referral for services or other
  2 25 support by another county or another state, financial
  2 26 responsibility remains with the other county or other
  2 27 state.
  2 28    5.  COUNTY RESPONSIBILITIES.
  2 29    a.  A county participating in the pilot project is
  2 30 responsible to provide or pay for services and other
  2 31 support to appropriately address the needs of the
  2 32 target population attributable to that county.  This
  2 33 responsibility includes accountability for clinical,
  2 34 administrative, and fiscal functions.
  2 35    b.  A pilot project area may choose among
  2 36 alternative approaches in administering services under
  2 37 the pilot project.  The alternative approaches include
  2 38 but are not limited to any of the following:
  2 39    (1)  A case rate approach to purchase of services.
  2 40    (2)  A fee-for-service purchasing approach with an
  2 41 emphasis on flexible, creative services.
  2 42    (3)  A mixed model involving both case rate and
  2 43 fee-for-service approaches.
  2 44    c.  A pilot project area shall provide data and
  2 45 other reports as provided in the contract with the
  2 46 department.
  2 47    d.  Moneys received by a county under the pilot
  2 48 project shall be deposited in the county's services
  2 49 fund.  Moneys received that remain unencumbered or
  2 50 unobligated at the close of the fiscal year shall
  3  1 remain available to be used to benefit the county's
  3  2 target population in the succeeding fiscal year.
  3  3    e.  Receipt and expenditures of moneys under the
  3  4 pilot project shall be subject to examination during
  3  5 the regular audit of the pilot project area counties
  3  6 performed in accordance with chapter 11.
  3  7    6.  FUNDING – PHASES.  The department shall
  3  8 negotiate with the pilot project areas to identify the
  3  9 projected funding amount to be provided to the areas
  3 10 for a fiscal year.  The projected funding amount shall
  3 11 be determined in accordance with a pilot project
  3 12 area's relative share of the statewide expenditures
  3 13 for services and other support paid by the funding
  3 14 sources included in the pilot project plus the related
  3 15 administrative expenses.  Unless the commencement
  3 16 dates are delayed due to a determination by the
  3 17 oversight committee, the pilot project funding shall
  3 18 be implemented in two phases with the first phase to
  3 19 commence July 1, 2000, and the second phase to
  3 20 commence July 1, 2001, as provided in paragraph "d".
  3 21 Both phases of the pilot project shall end December
  3 22 31, 2003.  The phases of the pilot project shall be
  3 23 implemented as follows:
  3 24    a.  In the first phase, the department and the
  3 25 pilot project areas shall negotiate the specific
  3 26 projected funding amounts to be provided to each area.
  3 27 The department and the pilot project areas shall
  3 28 provide any data or other information necessary to
  3 29 accurately develop the projected amounts.  The funding
  3 30 amount for the first phase shall be determined by
  3 31 December 30, 1999.
  3 32    b.  In the first phase, the mental health services
  3 33 funding sources for the pilot project areas shall
  3 34 include but are not limited to all of the following:
  3 35    (1)  The state share of the costs of care in the
  3 36 state mental health institutes.
  3 37    (2)  The mental health portion of any federal grant
  3 38 funding administered through the United States
  3 39 department of health and human services.
  3 40    (3)  Federal social services block grant funding.
  3 41    (4)  State case funding.
  3 42    (5)  State funding for the purchase of local
  3 43 services for persons with mental illness where the
  3 44 client has no established county of legal settlement.
  3 45    (6)  State supplementary assistance funding.
  3 46    (7)  To the extent allowed by the federal
  3 47 government, the mental health portion of federal
  3 48 funding provided for vocational rehabilitation of
  3 49 individuals with disabilities.
  3 50    c.  In the first phase, the mental retardation and
  4  1 other developmental disabilities services funding
  4  2 sources for the pilot project areas shall include but
  4  3 are not limited to all of the following:
  4  4    (1)  State and federal medical assistance funding
  4  5 for home and community-based waiver services to
  4  6 persons with mental retardation.
  4  7    (2)  The state share of the costs of care in the
  4  8 state hospital-schools.
  4  9    (3)  State and federal medical assistance payments
  4 10 for intermediate care facilities for persons with
  4 11 mental retardation services.
  4 12    (4)  Federal social services block grant funding.
  4 13    (5)  State funding for the purchase of local
  4 14 services for persons with mental retardation and other
  4 15 developmental disabilities where the client has no
  4 16 established county of legal settlement.
  4 17    (6)  State supplementary assistance funding.
  4 18    (7)  To the extent allowed by the federal
  4 19 government, the mental retardation and other
  4 20 developmental disabilities portion of federal funding
  4 21 provided for vocational rehabilitation of persons with
  4 22 disabilities.
  4 23    d.  In the second phase, all other medical
  4 24 assistance funding for mental health services for the
  4 25 pilot project areas shall be incorporated into the
  4 26 annual projected funding amount.  Implementation of
  4 27 the second phase shall be subject to enactment by the
  4 28 general assembly of an implementation authorization.
  4 29    7.  OVERSIGHT COMMITTEE.
  4 30    a.  An oversight committee shall be established to
  4 31 provide general oversight of the pilot project and the
  4 32 risk pool and to perform the duties outlined in this
  4 33 subsection.  The oversight committee shall consist of
  4 34 the following members:
  4 35    (1)  At least one service consumer, one service
  4 36 provider, and one county supervisor from each of the
  4 37 three pilot project areas, designated by the county
  4 38 board of supervisors.
  4 39    (2)  An individual designated by the governor.
  4 40    (3)  One individual designated by the division of
  4 41 medical services of the department of human services
  4 42 and one individual designated by the division of
  4 43 mental health and developmental disabilities of the
  4 44 department of human services.
  4 45    (4)  An individual designated by the legislative
  4 46 council.  If the individual designated by the
  4 47 legislative council is a member of the general
  4 48 assembly, that member shall be a nonvoting member.
  4 49    b.  The oversight committee shall have the
  4 50 following duties and responsibilities:
  5  1    (1)  The oversight committee may make a
  5  2 determination that implementation by the department of
  5  3 human services of a significant funding provision such
  5  4 as the rehabilitation option for persons with chronic
  5  5 mental illness or a waiver under the medical
  5  6 assistance program or another good cause reason
  5  7 justifies delay of the implementation of the pilot
  5  8 project phases as provided in subsection 6.  If such a
  5  9 determination is made, the department of human
  5 10 services and pilot project counties shall delay
  5 11 implementation of the pilot project phases until a
  5 12 date identified by the oversight committee.
  5 13    (2)  The oversight committee shall arrange for an
  5 14 independent evaluation of the pilot project in
  5 15 accordance with subsection 9.
  5 16    (3)  The oversight committee shall provide
  5 17 assistance to the pilot project counties, the
  5 18 department of human services, and other interested
  5 19 persons concerning implementation of the pilot
  5 20 project.
  5 21    (4)  The oversight committee shall perform
  5 22 functions for the risk pool in accordance with
  5 23 subsection 8.
  5 24    8.  RISK POOL.  In order to augment assistance from
  5 25 the risk pool of the property tax relief fund for
  5 26 which the pilot project counties may be eligible under
  5 27 section 426B.5, the pilot project administrative areas
  5 28 shall create and commit funding to a pilot project
  5 29 risk pool.  The pilot project risk pool shall be used
  5 30 to cover unexpected costs resulting from an
  5 31 unanticipated event such as a legal settlement
  5 32 requirement or need for an exceptionally costly set of
  5 33 services or other support.  Funding shall be committed
  5 34 on the basis of a percentage of the pilot project
  5 35 counties overall budget for services under the
  5 36 counties' management plan with an annual maximum
  5 37 percentage for each area and an overall combined
  5 38 percentage maximum, as determined by the pilot project
  5 39 counties in consultation with the oversight committee.
  5 40 Expenditure of this risk pool funding shall be subject
  5 41 to authorization by the oversight committee.
  5 42    9.  OUTCOMES AND EVALUATION.
  5 43    a.  In consultation with the oversight committee,
  5 44 the pilot project participants and the department
  5 45 shall agree on a set of outcomes and indicators to
  5 46 measure the effect of the pilot project upon the
  5 47 system of care in those counties.  The department and
  5 48 pilot project areas shall annually report to the
  5 49 governor and general assembly by December 15 on the
  5 50 implementation status of the pilot project and the
  6  1 performance on the indicators.  The report shall
  6  2 include any findings identified by the oversight
  6  3 committee.
  6  4    b.  The oversight committee shall arrange for an
  6  5 independent evaluation of the pilot project.  The
  6  6 evaluation shall assess the quality of services as
  6  7 well as the cost-effectiveness of the pilot project.
  6  8 The evaluation shall include a focus on special
  6  9 populations such as persons who are homeless or who
  6 10 have multiple disabilities or service needs.
  6 11    c.  A final report concerning the pilot project
  6 12 shall be submitted by the department and the pilot
  6 13 project areas to the governor and general assembly.
  6 14 It is the intent of the general assembly to use that
  6 15 report to determine whether to continue the pilot
  6 16 project, revise it, terminate it, or implement the
  6 17 pilot project provisions or a similar approach
  6 18 statewide.
  6 19    10.  LAW – RULES – IMPLEMENTATION.
  6 20    a.  If a provision of state law or administrative
  6 21 rule is in conflict with a provision of this section,
  6 22 the provision of this section shall prevail.  State
  6 23 law and administrative rules governing the funding
  6 24 sources specified in this section are not applicable
  6 25 to use of the funding by the pilot project counties.
  6 26    b.  The department shall amend the medical
  6 27 assistance state plan and apply for federal waivers as
  6 28 necessary to implement the provisions of this section.
  6 29    c.  The department shall amend its contract for
  6 30 managed behavioral health care under medical
  6 31 assistance as necessary to implement the second phase
  6 32 of the pilot project and for the medical assistance-
  6 33 eligible persons covered under that contract to
  6 34 instead be covered by the pilot project counties.
  6 35    d.  The pooling of funding sources and the
  6 36 provision of services under this pilot project and
  6 37 implementation of a risk pool as authorized in this
  6 38 section is not insurance and is not subject to
  6 39 regulation under chapters 505 through 523C.
  6 40    e.  The department of human services shall amend
  6 41 the state medical assistance plan, implement federal
  6 42 waivers, or take other actions as necessary for the
  6 43 pilot project areas to be able to draw federal funding
  6 44 for the start-up and other costs to implement the
  6 45 pilot project.
  6 46    f.  The department shall give consideration to
  6 47 implementing a rehabilitation option under the medical
  6 48 assistance program for persons with chronic mental
  6 49 illness.
  6 50    g.  The requirements of this section may be adapted
  7  1 as necessary to comply with federal law, regulation,
  7  2 or other requirements in order to assure federal
  7  3 financial participation in the pilot project."
  7  4    #2.  By renumbering as necessary.  
  7  5 
  7  6 
  7  7                               
  7  8 HOUSER of Pottawattamie 
  7  9 
  7 10 
  7 11                               
  7 12 MYERS of Johnson 
  7 13 HF 664.301 78
  7 14 jp/cf
     

Text: H01291                            Text: H01293
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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