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House File 664

Partial Bill History

Bill Text

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  1  1                                              HOUSE FILE 664
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO MENTAL HEALTH, MENTAL RETARDATION, AND OTHER
  1  5    DEVELOPMENTAL DISABILITIES AND INCLUDING EFFECTIVE DATE
  1  6    AND APPLICABILITY PROVISIONS.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10                           DIVISION I
  1 11          ADULT MH/MR/DD SERVICES FUNDING PILOT PROJECT
  1 12    Section 1.  NEW SECTION.  331.440A  ADULT MENTAL HEALTH,
  1 13 MENTAL RETARDATION, AND DEVELOPMENTAL DISABILITIES SERVICES
  1 14 FUNDING DECATEGORIZATION PILOT PROJECT.
  1 15    1.  DEFINITIONS.  For the purposes of this section, unless
  1 16 the context requires otherwise:
  1 17    a.  "Department" means the department of human services.
  1 18    b.  "Pilot project areas" means the pilot project created
  1 19 under this section involving the three-county or multicounty
  1 20 single entry point process administrative areas designated in
  1 21 accordance with this section.
  1 22    c.  "Target population" means any person who is a legal
  1 23 resident of a pilot project county and meets both of the
  1 24 following conditions:
  1 25    (1)  The person is eighteen years of age or older.
  1 26 However, a person who is more than sixty-four years of age who
  1 27 requires full-time nursing facility care shall not be included
  1 28 in the target population.
  1 29    (2)  The person is eligible for assistance under the pilot
  1 30 project county management plan approved under section 331.439.
  1 31    2.  PURPOSE.  The purpose of the pilot project is to
  1 32 improve outcomes for service consumers by allowing pilot
  1 33 project counties to administer overall projected funding from
  1 34 state and federal sources together with other available
  1 35 funding, and by reducing or eliminating unnecessary barriers
  2  1 associated with funding sources, and thereby to creatively
  2  2 meet the divergent, individual needs of service consumers in
  2  3 the community.
  2  4    3.  PROJECT ESTABLISHED.  The department of human services
  2  5 shall establish a pilot project for decategorizing the public
  2  6 funding for adult mental health, mental retardation, and
  2  7 developmental disabilities services in accordance with this
  2  8 section.  The pilot project shall include the three-county
  2  9 single entry point process administrative areas designated for
  2 10 decategorization planning under 1997 Iowa Acts, chapter 169,
  2 11 section 13.  Under the pilot project, a projected funding
  2 12 amount for a fiscal year shall be developed for each of the
  2 13 three administrative areas, from the funding sources
  2 14 designated in this section.  The projected funding amount for
  2 15 a fiscal year, manner of payment, and other provisions of the
  2 16 pilot project shall be delineated in contracts between the
  2 17 department and the counties involved in the pilot project.
  2 18    4.  COUNTY MANAGEMENT PLAN.  The counties participating in
  2 19 the pilot project shall amend their county management plans
  2 20 approved under section 331.439 to be applicable to the period
  2 21 of the pilot project.  Unless a change in federal or state
  2 22 funding provisions reduces the availability of funding, a
  2 23 pilot project county's management plan eligibility provisions
  2 24 shall not be more restrictive than the provisions in effect as
  2 25 of June 30, 1999.  The amended county management plans shall
  2 26 address the service needs of the populations served under the
  2 27 funding sources included in the pilot project beginning with
  2 28 the applicable phase.
  2 29    For purposes of determining the financial responsibility of
  2 30 a pilot project county, a legal resident includes anyone
  2 31 living in the county at the time services or other support are
  2 32 provided who is a member of the target population.  A legal
  2 33 resident includes but is not limited to a person who is
  2 34 homeless or living in a homeless shelter.  However, if an
  2 35 individual resides in a pilot project county as a result of
  3  1 placement or referral for services or other support by another
  3  2 county or another state, financial responsibility remains with
  3  3 the other county or other state.
  3  4    5.  COUNTY RESPONSIBILITIES.
  3  5    a.  A county participating in the pilot project is
  3  6 responsible to provide or pay for services and other support
  3  7 to appropriately address the needs of the target population
  3  8 attributable to that county.  This responsibility includes
  3  9 accountability for clinical, administrative, and fiscal
  3 10 functions.
  3 11    b.  A pilot project area may choose among alternative
  3 12 approaches in administering services under the pilot project.
  3 13 The alternative approaches include but are not limited to any
  3 14 of the following:
  3 15    (1)  A case rate approach to purchase of services.
  3 16    (2)  A fee-for-service purchasing approach with an emphasis
  3 17 on flexible, creative services.
  3 18    (3)  A mixed model involving both case rate and fee-for-
  3 19 service approaches.
  3 20    c.  A pilot project area shall provide data and other
  3 21 reports as provided in the contract with the department.
  3 22    d.  Moneys received by a county under the pilot project
  3 23 shall be deposited in the county's services fund.  Moneys
  3 24 received that remain unencumbered or unobligated at the close
  3 25 of the fiscal year shall remain available to be used to
  3 26 benefit the county's target population in the succeeding
  3 27 fiscal year.
  3 28    e.  Receipt and expenditures of moneys under the pilot
  3 29 project shall be subject to examination during the regular
  3 30 audit of the pilot project area counties performed in
  3 31 accordance with chapter 11.
  3 32    6.  FUNDING – PHASES.  The department shall negotiate with
  3 33 the pilot project areas to identify the projected funding
  3 34 amount to be provided to the areas for a fiscal year.  The
  3 35 projected funding amount shall be determined in accordance
  4  1 with a pilot project area's relative share of the statewide
  4  2 expenditures for services and other support paid by the
  4  3 funding sources included in the pilot project plus the related
  4  4 administrative expenses.  Unless the commencement dates are
  4  5 delayed due to a determination by the oversight committee, the
  4  6 pilot project funding shall be implemented in two phases with
  4  7 the first phase to commence July 1, 2000, and the second phase
  4  8 to commence July 1, 2001, as provided in paragraph "d".  Both
  4  9 phases of the pilot project shall end December 31, 2003.  The
  4 10 phases of the pilot project shall be implemented as follows:
  4 11    a.  In the first phase, the department and the pilot
  4 12 project areas shall negotiate the specific projected funding
  4 13 amounts to be provided to each area.  The department and the
  4 14 pilot project areas shall provide any data or other
  4 15 information necessary to accurately develop the projected
  4 16 amounts.  The funding amount for the first phase shall be
  4 17 determined by December 30, 1999.
  4 18    b.  In the first phase, the mental health services funding
  4 19 sources for the pilot project areas shall include but are not
  4 20 limited to all of the following:
  4 21    (1)  The state share of the costs of care in the state
  4 22 mental health institutes.
  4 23    (2)  The mental health portion of any federal grant funding
  4 24 administered through the United States department of health
  4 25 and human services.
  4 26    (3)  Federal social services block grant funding.
  4 27    (4)  State case funding.
  4 28    (5)  State funding for the purchase of local services for
  4 29 persons with mental illness where the client has no
  4 30 established county of legal settlement.
  4 31    (6)  State supplementary assistance funding.
  4 32    (7)  To the extent allowed by the federal government, the
  4 33 mental health portion of federal funding provided for
  4 34 vocational rehabilitation of individuals with disabilities.
  4 35    c.  In the first phase, the mental retardation and other
  5  1 developmental disabilities services funding sources for the
  5  2 pilot project areas shall include but are not limited to all
  5  3 of the following:
  5  4    (1)  State and federal medical assistance funding for home
  5  5 and community-based waiver services to persons with mental
  5  6 retardation.
  5  7    (2)  The state share of the costs of care in the state
  5  8 hospital-schools.
  5  9    (3)  State and federal medical assistance payments for
  5 10 intermediate care facilities for persons with mental
  5 11 retardation services.
  5 12    (4)  Federal social services block grant funding.
  5 13    (5)  State funding for the purchase of local services for
  5 14 persons with mental retardation and other developmental
  5 15 disabilities where the client has no established county of
  5 16 legal settlement.
  5 17    (6)  State supplementary assistance funding.
  5 18    (7)  To the extent allowed by the federal government, the
  5 19 mental retardation and other developmental disabilities
  5 20 portion of federal funding provided for vocational
  5 21 rehabilitation of persons with disabilities.
  5 22    d.  In the second phase, all other medical assistance
  5 23 funding for mental health services for the pilot project areas
  5 24 shall be incorporated into the annual projected funding
  5 25 amount.  Implementation of the second phase shall be subject
  5 26 to enactment by the general assembly of an implementation
  5 27 authorization.
  5 28    7.  OVERSIGHT COMMITTEE.
  5 29    a.  An oversight committee shall be established to provide
  5 30 general oversight of the pilot project and the risk pool and
  5 31 to perform the duties outlined in this subsection.  The
  5 32 oversight committee shall consist of the following members:
  5 33    (1)  At least one service consumer, one service provider,
  5 34 and one county supervisor from each of the three pilot project
  5 35 areas, designated by the governor.
  6  1    (2)  An individual designated by the governor.
  6  2    (3)  One individual designated by the division of medical
  6  3 services of the department of human services and one
  6  4 individual designated by the division of mental health and
  6  5 developmental disabilities of the department of human
  6  6 services.
  6  7    (4)  An individual designated by the legislative council.
  6  8 If the individual designated by the legislative council is a
  6  9 member of the general assembly, that member shall be a
  6 10 nonvoting member.
  6 11    b.  The oversight committee shall have the following duties
  6 12 and responsibilities:
  6 13    (1)  The oversight committee may make a determination that
  6 14 implementation by the department of human services of a
  6 15 significant funding provision such as the rehabilitation
  6 16 option for persons with chronic mental illness or a waiver
  6 17 under the medical assistance program or another good cause
  6 18 reason justifies delay of the implementation of the pilot
  6 19 project phases as provided in subsection 6.  If such a
  6 20 determination is made, the department of human services and
  6 21 pilot project counties shall delay implementation of the pilot
  6 22 project phases until a date identified by the oversight
  6 23 committee.
  6 24    (2)  The oversight committee shall arrange for an
  6 25 independent evaluation of the pilot project in accordance with
  6 26 subsection 9.
  6 27    (3)  The oversight committee shall provide assistance to
  6 28 the pilot project counties, the department of human services,
  6 29 and other interested persons concerning implementation of the
  6 30 pilot project.
  6 31    (4)  The oversight committee shall perform functions for
  6 32 the risk pool in accordance with subsection 8.
  6 33    8.  RISK POOL.  In order to augment assistance from the
  6 34 risk pool of the property tax relief fund for which the pilot
  6 35 project counties may be eligible under section 426B.5, the
  7  1 pilot project administrative areas shall create and commit
  7  2 funding to a pilot project risk pool.  The pilot project risk
  7  3 pool shall be used to cover unexpected costs resulting from an
  7  4 unanticipated event such as a legal settlement requirement or
  7  5 need for an exceptionally costly set of services or other
  7  6 support.  Funding shall be committed on the basis of a
  7  7 percentage of the pilot project counties overall budget for
  7  8 services under the counties' management plan with an annual
  7  9 maximum percentage for each area and an overall combined
  7 10 percentage maximum, as determined by the pilot project
  7 11 counties in consultation with the oversight committee.
  7 12 Expenditure of this risk pool funding shall be subject to
  7 13 authorization by the oversight committee.
  7 14    9.  OUTCOMES AND EVALUATION.
  7 15    a.  In consultation with the oversight committee, the pilot
  7 16 project participants and the department shall agree on a set
  7 17 of outcomes and indicators to measure the effect of the pilot
  7 18 project upon the system of care in those counties.  The
  7 19 department and pilot project areas shall annually report to
  7 20 the governor and general assembly by December 15 on the
  7 21 implementation status of the pilot project and the performance
  7 22 on the indicators.  The report shall include any findings
  7 23 identified by the oversight committee.
  7 24    b.  The oversight committee shall arrange for an
  7 25 independent evaluation of the pilot project.  The evaluation
  7 26 shall assess the quality of services as well as the cost-
  7 27 effectiveness of the pilot project.  The evaluation shall
  7 28 include a focus on special populations such as persons who are
  7 29 homeless or who have multiple disabilities or service needs.
  7 30    c.  A final report concerning the pilot project shall be
  7 31 submitted by the department and the pilot project areas to the
  7 32 governor and general assembly.  It is the intent of the
  7 33 general assembly to use that report to determine whether to
  7 34 continue the pilot project, revise it, terminate it, or
  7 35 implement the pilot project provisions or a similar approach
  8  1 statewide.
  8  2    10.  LAW – RULES – IMPLEMENTATION.
  8  3    a.  If a provision of state law or administrative rule is
  8  4 in conflict with a provision of this section, the provision of
  8  5 this section shall prevail.  State law and administrative
  8  6 rules governing the funding sources specified in this section
  8  7 are not applicable to use of the funding by the pilot project
  8  8 counties.
  8  9    b.  The department shall amend the medical assistance state
  8 10 plan and apply for federal waivers as necessary to implement
  8 11 the provisions of this section.
  8 12    c.  The department shall amend its contract for managed
  8 13 behavioral health care under medical assistance as necessary
  8 14 to implement the second phase of the pilot project and for the
  8 15 medical assistance-eligible persons covered under that
  8 16 contract to instead be covered by the pilot project counties.
  8 17    d.  The pooling of funding sources and the provision of
  8 18 services under this pilot project and implementation of a risk
  8 19 pool as authorized in this section is not insurance and is not
  8 20 subject to regulation under chapters 505 through 523C.
  8 21    e.  The department of human services shall amend the state
  8 22 medical assistance plan, implement federal waivers, or take
  8 23 other actions as necessary for the pilot project areas to be
  8 24 able to draw federal funding for the start-up and other costs
  8 25 to implement the pilot project.
  8 26    f.  The department shall give consideration to implementing
  8 27 a rehabilitation option under the medical assistance program
  8 28 for persons with chronic mental illness.
  8 29    g.  The requirements of this section may be adapted as
  8 30 necessary to comply with federal law, regulation, or other
  8 31 requirements in order to assure federal financial
  8 32 participation in the pilot project.  
  8 33                           DIVISION II
  8 34          MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  8 35                           COMMISSION
  9  1    Sec. 2.  Section 225C.4, subsection 1, paragraph p, Code
  9  2 1999, is amended to read as follows:
  9  3    p.  Recommend and enforce to the commission minimum
  9  4 accreditation standards for the maintenance and operation of
  9  5 community mental health centers, services, and programs under
  9  6 section 230A.16.  The administrator's review and evaluation of
  9  7 the centers, services, and programs for compliance with the
  9  8 adopted standards shall be as provided in section 230A.17.
  9  9    Sec. 3.  Section 225C.4, subsection 1, Code 1999, is
  9 10 amended by adding the following new paragraph:
  9 11    NEW PARAGRAPH.  pp.  Recommend to the commission minimum
  9 12 standards for supported community living services.  The
  9 13 administrator shall review and evaluate the services for
  9 14 compliance with the adopted standards.
  9 15    Sec. 4.  Section 225C.6, subsection 1, paragraph c, Code
  9 16 1999, is amended to read as follows:
  9 17    c.  Adopt standards for community mental health centers,
  9 18 services, and programs as recommended under section 230A.16.
  9 19 The commission shall determine whether to grant, deny, or
  9 20 revoke the accreditation of the centers, services, and
  9 21 programs.
  9 22    Sec. 5.  Section 225C.6, subsection 1, paragraph l, Code
  9 23 1999, is amended to read as follows:
  9 24    l.  Establish standards for the provision under medical
  9 25 assistance of individual case management services.  The
  9 26 commission shall determine whether to grant, deny, or revoke
  9 27 the accreditation of the services.
  9 28    Sec. 6.  Section 225C.21, subsection 2, Code 1999, is
  9 29 amended to read as follows:
  9 30    2.  The department commission shall adopt rules pursuant to
  9 31 chapter 17A establishing minimum standards for the programming
  9 32 of supported community living services.  The department
  9 33 commission shall approve all determine whether to grant, deny,
  9 34 or revoke approval for any supported community living services
  9 35 which meet the minimum standards service.  
 10  1                          DIVISION III
 10  2                STATE-COUNTY MANAGEMENT COMMITTEE
 10  3    Sec. 7.  Section 331.438, subsection 4, paragraph b,
 10  4 unnumbered paragraph 1, Code 1999, is amended to read as
 10  5 follows:
 10  6    The management committee shall consist of not more than
 10  7 twelve fifteen voting members as follows:
 10  8    Sec. 8.  Section 331.438, subsection 4, paragraph b,
 10  9 subparagraph (1), Code 1999, is amended to read as follows:
 10 10    (1)  An equal number of not more than nine Four members
 10 11 shall be appointed by the director of human services and.
 10 12 Four members shall be appointed by the Iowa state association
 10 13 of counties and one additional member shall be jointly
 10 14 appointed by both entities.  Members appointed by the Iowa
 10 15 state association of counties shall be selected from a pool
 10 16 nominated by the county supervisor affiliate of the
 10 17 association with four members from the affiliate.  The
 10 18 affiliate shall select the nominees through a secret ballot
 10 19 process.  In addition, two members shall be appointed by the
 10 20 community services affiliate of the Iowa state association of
 10 21 counties.
 10 22    Sec. 9.  Section 331.438, subsection 4, paragraph b,
 10 23 subparagraph (2), Code 1999, is amended to read as follows:
 10 24    (2)  The committee shall include one member two members
 10 25 nominated by service providers, one member nominated by
 10 26 service advocates, and consumers one member who is a service
 10 27 consumer, and one member nominated by the state's council of
 10 28 the association of federal, state, county, and municipal
 10 29 employees, with these members appointed by the governor.
 10 30    Sec. 10.  Section 331.438, subsection 4, paragraph b,
 10 31 subparagraph (4), Code 1999, is amended to read as follows:
 10 32    (4)  A member who is not a legislator shall have expenses
 10 33 and other costs paid by the state or the county entity that
 10 34 the member represents.  The committee shall establish terms
 10 35 for its members, elect officers, adopt operating procedures,
 11  1 and meet as deemed necessary by the committee.  Terms of
 11  2 office for the appointed voting members of the committee are
 11  3 three years and shall be staggered.  A vacancy on the
 11  4 committee shall be filled in the same manner as the original
 11  5 appointment.
 11  6    Sec. 11.  SERVICE SYSTEM ISSUES.  The state-county
 11  7 management committee shall create a task force to consider
 11  8 issues and options regarding statewide eligibility standards,
 11  9 identification of core or basic services to be made reasonably
 11 10 available statewide, statewide equity and other considerations
 11 11 associated with distributing state funding, implementation of
 11 12 funding decategorization, changes in the membership
 11 13 composition of the committee, legal settlement issues,
 11 14 improved utilization of available funding streams, and the
 11 15 allowed growth recommendation process.  In considering the
 11 16 allowed growth recommendation process, the task force shall
 11 17 review the divergence between unmet needs in the service
 11 18 delivery system and county expenditure trends and shall make
 11 19 specific recommendations as to how allowed growth funding can
 11 20 best be distributed to address services that are not
 11 21 adequately funded and population groups that are not served or
 11 22 are underserved.  The committee shall consider the task force
 11 23 report and recommendations in making the committee's report on
 11 24 these topics to the governor and general assembly, which shall
 11 25 be submitted on or before November 15, 1999.  The legislative
 11 26 council is requested to designate a legislative interim
 11 27 committee to meet for two or more days to consider the report
 11 28 on behalf of the general assembly.
 11 29    Sec. 12.  STAGGERED TERMS.  Effective July 1, 1999, the
 11 30 appointing authorities for the state-county management
 11 31 committee shall provide by mutual agreement for the staggering
 11 32 of the terms of voting members of the committee so that the
 11 33 terms of at least five members expire each year.  Based on
 11 34 this mutual agreement, the terms of individuals who are voting
 11 35 members of the committee as of June 30, 1999, shall either
 12  1 expire June 30, 1999, or be for one, two, or three years
 12  2 beginning on July 1, 1999.  The terms of the two members
 12  3 appointed by the community services affiliate of the Iowa
 12  4 state association of counties shall commence July 1, 1999.
 12  5 This section takes effect June 30, 1999.  
 12  6                           DIVISION IV
 12  7                COUNTY MANAGEMENT PLAN PROVISIONS
 12  8    Sec. 13.  Section 331.439, subsection 1, paragraph b, Code
 12  9 1999, is amended to read as follows:
 12 10    b.  The county developed and implemented a county
 12 11 management plan for the county's mental health, mental
 12 12 retardation, and developmental disabilities services in
 12 13 accordance with the provisions of this paragraph "b".  The
 12 14 plan shall comply with the administrative rules adopted for
 12 15 this purpose by the council on human services and is subject
 12 16 to the approval of the director of human services in
 12 17 consultation with the state-county management committee
 12 18 created in section 331.438.  The plan shall include a
 12 19 description of the county's service management provision for
 12 20 mental health, mental retardation, and developmental
 12 21 disabilities services.  For mental retardation and
 12 22 developmental disabilities service management, the plan shall
 12 23 describe the county's development and implementation of a
 12 24 managed system of cost-effective individualized services and
 12 25 shall comply with the provisions of paragraph "d".  The goal
 12 26 of this part of the plan shall be to assist the individuals
 12 27 served to be as independent, productive, and integrated into
 12 28 the community as possible.  The service management provisions
 12 29 for mental health shall comply with the provisions of
 12 30 paragraph "c".  A county is subject to all of the following
 12 31 provisions in regard to the county's management plan and
 12 32 planning process:
 12 33    (1)  The county shall have in effect an approved policies
 12 34 and procedures manual for the county's services fund.  The
 12 35 county management plan shall be defined in the manual.  The
 13  1 manual submitted by the county as part of the county's
 13  2 management plan for the fiscal year beginning July 1, 2000, as
 13  3 approved by the director of human services, shall remain in
 13  4 effect, subject to amendment.  An amendment to the manual
 13  5 shall be submitted to the department of human services at
 13  6 least forty-five days prior to the date of implementation.
 13  7 Prior to implementation of any amendment to the manual, the
 13  8 amendment must be approved by the director of human services
 13  9 in consultation with the state-county management committee.
 13 10    (2)  For informational purposes, the county shall submit a
 13 11 management plan review to the department of human services by
 13 12 April 1 of each year.  The annual review shall incorporate an
 13 13 analysis of the data associated with the services managed
 13 14 during the preceding fiscal year by the county or by a managed
 13 15 care entity on behalf of the county.
 13 16    (3)  For informational purposes, every three years the
 13 17 county shall submit to the department of human services a
 13 18 three-year strategic plan.  The strategic plan shall describe
 13 19 how the county will proceed to attain the goals and objectives
 13 20 contained in the strategic plan for the duration of the plan.
 13 21 The three-year strategic plan shall be submitted by April 1,
 13 22 2000, and by April 1 of every third year thereafter.
 13 23    Sec. 14.  Section 331.439, subsection 1, paragraph c,
 13 24 subparagraph (1), Code 1999, is amended to read as follows:
 13 25    (1)  For mental health service management, the county may
 13 26 either directly implement a system of service management and
 13 27 contract with service providers, or contract with a private
 13 28 entity to manage the system, provided all requirements of this
 13 29 lettered paragraph are met by the private entity.  The mental
 13 30 health service management shall incorporate a single entry
 13 31 point and clinical assessment process developed in accordance
 13 32 with the provisions of section 331.440.  The county shall
 13 33 submit this part of the plan to the department of human
 13 34 services for approval by April 1 for the succeeding year.
 13 35 Initially, this part of the plan shall be submitted to the
 14  1 department by April 1, 1996, and the county shall implement
 14  2 the approved plan by July 1, 1996.
 14  3    Sec. 15.  Section 331.439, subsection 1, paragraphs d and
 14  4 e, Code 1999, are amended to read as follows:
 14  5    d.  For mental retardation and developmental disabilities
 14  6 services management, the county must either develop and
 14  7 implement a managed system of care which addresses a full
 14  8 array of appropriate services and cost-effective delivery of
 14  9 services or contract with a state-approved managed care
 14 10 contractor or contractors.  Any system or contract implemented
 14 11 under this paragraph shall incorporate a single entry point
 14 12 and clinical assessment process developed in accordance with
 14 13 the provisions of section 331.440.  The elements of the
 14 14 managed system of care and the state-approved managed care
 14 15 contract or contracts shall be specified in rules developed by
 14 16 the department of human services in consultation with the
 14 17 state-county management committee and adopted by the council
 14 18 on human services.  Initially, this part of the plan shall be
 14 19 submitted to the department for approval on or before October
 14 20 1, 1996, and shall be implemented on or before January 1,
 14 21 1997.  In fiscal years succeeding the fiscal year of initial
 14 22 implementation, this part of the plan shall be submitted to
 14 23 the department of human services for approval by April 1 for
 14 24 the succeeding fiscal year.
 14 25    e.  Changes to the approved plan are submitted at least
 14 26 sixty days prior to the proposed change and are not to be
 14 27 implemented prior to the director of human services' approval.
 14 28    Sec. 16.  EFFECTIVE DATE – APPLICABILITY.  This division
 14 29 of this Act takes effect July 1, 2000, except that the
 14 30 management plan and planning process provisions under section
 14 31 331.439, as amended by this division of this Act, take effect
 14 32 upon enactment and are applicable for purposes of preparation
 14 33 and submission of the management plan by April 1, 2000, for
 14 34 the fiscal year beginning July 1, 2000.  
 14 35                           DIVISION V
 15  1       RESIDENTIAL CARE FACILITIES FOR PERSONS WITH MENTAL
 15  2                           RETARDATION
 15  3    Sec. 17.  Section 135C.6, subsection 8, paragraphs a and b,
 15  4 Code 1999, are amended to read as follows:
 15  5    a.  A residential program which provides care to not more
 15  6 than four individuals and receives moneys appropriated to the
 15  7 department of human services under provisions of a federally
 15  8 approved home and community-based services waiver for persons
 15  9 with mental retardation or other medical assistance program
 15 10 under chapter 249A.  In approving a residential program under
 15 11 this paragraph, the department of human services shall
 15 12 consider the geographic location of the program so as to avoid
 15 13 an overconcentration of such programs in an area.  In order to
 15 14 be approved under this paragraph, a residential program shall
 15 15 not be required to involve the conversion of a licensed
 15 16 residential care facility for persons with mental retardation.
 15 17    b.  A total of twenty forty residential care facilities for
 15 18 persons with mental retardation which are licensed to serve no
 15 19 more than five individuals may be authorized by the department
 15 20 of human services to convert to operation as a residential
 15 21 program under the provisions of a medical assistance home and
 15 22 community-based services waiver for persons with mental
 15 23 retardation.  A converted residential program is subject to
 15 24 the conditions stated in paragraph "a" except that the program
 15 25 shall not serve more than five individuals.  The department of
 15 26 human services shall allocate conversion authorizations to
 15 27 provide for four eight conversions in each of the department's
 15 28 five service regions.  If a conversion authorization allocated
 15 29 to a region is not used for conversion by January 1, 1998, the
 15 30 department of human services may reallocate the unused
 15 31 conversion authorization to another region.  The department of
 15 32 human services shall study the cost effectiveness of the
 15 33 conversions and provide an initial report to the general
 15 34 assembly no later than January 2, 1998, and a final report no
 15 35 later than December 15, 1998.  
 16  1 
 16  2 
 16  3                                                             
 16  4                               RON J. CORBETT
 16  5                               Speaker of the House
 16  6 
 16  7 
 16  8                                                             
 16  9                               MARY E. KRAMER
 16 10                               President of the Senate
 16 11 
 16 12    I hereby certify that this bill originated in the House and
 16 13 is known as House File 664, Seventy-eighth General Assembly.
 16 14 
 16 15 
 16 16                                                             
 16 17                               ELIZABETH ISAACSON
 16 18                               Chief Clerk of the House
 16 19 Approved                , 1999
 16 20 
 16 21 
 16 22                               
 16 23 THOMAS J. VILSACK
 16 24 Governor
     

Text: HF00663                           Text: HF00665
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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