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