Text: HF00759                           Text: HF00761
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 760

Partial Bill History

Bill Text

PAG LIN
  1  1 
  1  2                                            HOUSE FILE 760
  1  3 
  1  4                             AN ACT
  1  5 RELATING TO APPROPRIATIONS FOR THE DEPARTMENT OF HUMAN
  1  6    SERVICES AND INCLUDING OTHER PROVISIONS AND APPROPRIATIONS
  1  7    INVOLVING HUMAN SERVICES AND HEALTH CARE, AND PROVIDING
  1  8    EFFECTIVE DATES.
  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, 1998, and ending June 30, 1999, 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 1998 Iowa Acts, chapter 1210, section
  1 22 12, due to the federal reduction in this block grant and the
  1 23 corresponding decrease pursuant to 1998 Iowa Acts, chapter
  1 24 1210, section 16:  
  1 25 .................................................. $  3,239,179
  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 .................................................. $    205,971
  1 31    2.  Field operations:  
  1 32 .................................................. $  1,231,939
  1 33    3.  Child and family services:  
  1 34 .................................................. $    184,262
  1 35    4.  Local administrative costs and other local services:  
  2  1 .................................................. $    130,650
  2  2    5.  Volunteers:  
  2  3 .................................................. $     14,279
  2  4    6.  Community-based services:  
  2  5 .................................................. $     16,421
  2  6    7.  MH/MR/DD/BI community services (local purchase):  
  2  7 .................................................. $  1,455,657
  2  8    Sec. 2.  EARLY CHILDHOOD FISCAL YEAR 1999-2000.  The
  2  9 appropriation made in 1998 Iowa Acts, chapter 1218, section 2,
  2 10 from the fund created in section 8.41 to the department of
  2 11 human services for the fiscal year beginning July 1, 1999, and
  2 12 ending June 30, 2000, from moneys received under the federal
  2 13 temporary assistance for needy families block grant shall be
  2 14 used for funding of community-based programs targeted to
  2 15 children from birth through five years of age, developed by
  2 16 community empowerment areas as provided in this section.
  2 17    1.  The department may transfer federal temporary
  2 18 assistance for needy families block grant funding allocated in
  2 19 this section to the child care and development block grant in
  2 20 accordance with federal law as necessary to comply with the
  2 21 provisions of this section.  The funding shall then be
  2 22 provided to community empowerment areas for the fiscal year
  2 23 beginning July 1, 1999, in accordance with all of the
  2 24 following:
  2 25    a.  The area must be approved as a community empowerment
  2 26 area by the Iowa empowerment board.
  2 27    b.  The maximum funding amount a community empowerment area
  2 28 is eligible to receive shall be determined by applying the
  2 29 area's percentage of the state's average monthly family
  2 30 investment program population in the preceding fiscal year to
  2 31 the total amount appropriated in this section for fiscal year
  2 32 1999-2000.  If the community empowerment board's request for
  2 33 funding is received by the Iowa empowerment board on or after
  2 34 August 1, 1999, the maximum funding amount shall be prorated
  2 35 for the fiscal year and rounded up to the nearest full month.
  3  1    c.  A community empowerment area receiving funding shall
  3  2 comply with any federal reporting requirements associated with
  3  3 the use of that funding and other results and reporting
  3  4 requirements established by the Iowa empowerment board.  The
  3  5 department shall provide technical assistance in identifying
  3  6 and meeting the federal requirements.
  3  7    d.  The availability of funding provided under this section
  3  8 is subject to changes in federal requirements and amendments
  3  9 to Iowa law.
  3 10    2.  The moneys distributed in accordance with this section
  3 11 shall be used by communities for the purposes of enhancing
  3 12 quality child day care capacity in support of parent
  3 13 capability to obtain or retain employment.  The moneys shall
  3 14 be used with a primary emphasis on low-income families and
  3 15 children from birth to five years of age.  Moneys shall be
  3 16 provided in a flexible manner to communities, and shall be
  3 17 used to implement strategies identified by the communities to
  3 18 achieve such purposes.  The strategies may include but are not
  3 19 limited to developing capacity for regular child day care,
  3 20 sick child care, night shifts child care, and emergency child
  3 21 care; enhancing linkages between the head start and early head
  3 22 start programs, early childhood development programs, and
  3 23 child day care assistance programs; and implementing other
  3 24 strategies to enhance access to child day care.  The moneys
  3 25 may be used to either build capacity or for support of ongoing
  3 26 efforts.  In addition to the full-time equivalent positions
  3 27 funded in this Act, 1.00 full-time equivalent position is
  3 28 authorized and the department may use funding appropriated in
  3 29 this section for provision of technical assistance and other
  3 30 support to communities developing and implementing strategies
  3 31 with moneys distributed in accordance with this section.
  3 32    3.  Moneys which are subject to this section which are not
  3 33 distributed to a community empowerment area or otherwise
  3 34 remain unobligated or unexpended at the end of the fiscal year
  3 35 shall revert to the fund created in section 8.41 to be
  4  1 available for appropriation by the general assembly in a
  4  2 subsequent fiscal year.
  4  3    Sec. 3.  FAMILY INVESTMENT PROGRAM GENERAL FUND.  There is
  4  4 appropriated from the general fund of the state to the
  4  5 department of human services for the fiscal year beginning
  4  6 July 1, 1999, and ending June 30, 2000, the following amount,
  4  7 or so much thereof as is necessary, to be used for the purpose
  4  8 designated:
  4  9    To be credited to the family investment program account and
  4 10 used for family investment program assistance under chapter
  4 11 239B:  
  4 12 .................................................. $ 34,330,000
  4 13    1.  The department of workforce development, in
  4 14 consultation with the department of human services, shall
  4 15 continue to utilize recruitment and employment practices to
  4 16 include former and current family investment program
  4 17 recipients.  The department of workforce development shall
  4 18 submit a report of the practices utilized and the results of
  4 19 the utilization to the general assembly by January 1, 2000.
  4 20    2.  It is the intent of the general assembly that the
  4 21 department of human services shall continue to work with the
  4 22 department of workforce development and local community
  4 23 collaborative efforts to provide support services for family
  4 24 investment program participants.  The support services shall
  4 25 be directed to those participant families who would benefit
  4 26 from the support services and are likely to have success in
  4 27 achieving economic independence.
  4 28    3.  Of the funds appropriated in this section, $9,564,352
  4 29 is allocated for the JOBS program.
  4 30    4.  The department shall continue to work with religious
  4 31 organizations and other charitable institutions to increase
  4 32 the availability of host homes, referred to as second chance
  4 33 homes or other living arrangements under the federal Personal
  4 34 Responsibility and Work Opportunity Reconciliation Act of
  4 35 1996, Pub. L. No. 104-193, } 103.  The purpose of the homes or
  5  1 arrangements is to provide a supportive and supervised living
  5  2 arrangement for minor parents receiving assistance under the
  5  3 family investment program who, under chapter 239B, may receive
  5  4 assistance while living in an alternative setting other than
  5  5 with their parent or legal guardian.
  5  6    5.  The department, in consultation with the welfare reform
  5  7 advisory group established by the department, shall submit a
  5  8 report to the general assembly by January 1, 2000,
  5  9 recommending categories of families to be eligible for the
  5 10 hardship exemption from the lifetime limit of receipt of
  5 11 assistance, as authorized by 42 U.S.C. } 608(a)(7).
  5 12    Sec. 4.  TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
  5 13 GRANT.  There is appropriated from the fund created in section
  5 14 8.41 to the department of human services for the fiscal year
  5 15 beginning July 1, 1999, and ending June 30, 2000, from moneys
  5 16 received under the federal temporary assistance for needy
  5 17 families block grant pursuant to the federal Personal
  5 18 Responsibility and Work Opportunity Reconciliation Act of
  5 19 1996, Pub. L. No. 104-193, which are federally appropriated
  5 20 for the federal fiscal years beginning October 1, 1997, and
  5 21 ending September 30, 1998, beginning October 1, 1998, and
  5 22 ending September 30, 1999, and beginning October 1, 1999, and
  5 23 ending September 30, 2000, the following amounts, or so much
  5 24 thereof as is necessary, to be used for the purposes
  5 25 designated:
  5 26    Moneys appropriated in this section shall be used in
  5 27 accordance with the federal law making the funds available,
  5 28 applicable Iowa law, appropriations made from the general fund
  5 29 of the state in this Act for the purpose designated, and
  5 30 administrative rules adopted to implement the federal and Iowa
  5 31 law.  If actual federal revenues credited to the fund created
  5 32 in section 8.41 through June 30, 2000, are less than the
  5 33 amounts appropriated in this section, the amounts appropriated
  5 34 shall be reduced proportionately and the department may reduce
  5 35 expenditures as deemed necessary by the department to meet the
  6  1 reduced funding level:
  6  2    1.  To be credited to the family investment program account
  6  3 and used for assistance under the family investment program
  6  4 under chapter 239B:  
  6  5 .................................................. $ 51,830,229
  6  6    2.  To be credited to the family investment program account
  6  7 and used for the job opportunities and basic skills (JOBS)
  6  8 program, and implementing family investment agreements, in
  6  9 accordance with chapter 239B:  
  6 10 .................................................. $ 19,980,113
  6 11    3.  For field operations:  
  6 12 .................................................. $ 12,232,764
  6 13    4.  For general administration:  
  6 14 .................................................. $  3,121,071
  6 15    5.  For local administrative costs:  
  6 16 .................................................. $  2,079,733
  6 17    6.  For state child care assistance:  
  6 18 .................................................. $ 16,782,891
  6 19    7.  For emergency assistance:  
  6 20 .................................................. $  2,694,544
  6 21    8.  For mental health and developmental disabilities
  6 22 community services:  
  6 23 .................................................. $  3,867,402
  6 24    9.  For child and family services:  
  6 25 .................................................. $ 23,491,419
  6 26    10.  For pregnancy prevention grants on the condition that
  6 27 family planning services are funded:  
  6 28 .................................................. $  1,958,979
  6 29    11.  For technology needs and other resources necessary to
  6 30 meet federal welfare reform reporting, tracking, and case
  6 31 management requirements:  
  6 32 .................................................. $  1,000,000
  6 33    12.  For supervised community treatment under child and
  6 34 family services:  
  6 35 .................................................. $    300,000
  7  1    13.  For volunteers:  
  7  2 .................................................. $     37,935
  7  3    14.  For individual development accounts under chapter
  7  4 541A:  
  7  5 .................................................. $    200,000
  7  6    Of the amounts appropriated in this section, $10,201,116
  7  7 for the fiscal year beginning July 1, 1999, shall be
  7  8 transferred to the appropriation of the federal social
  7  9 services block grant for that fiscal year.
  7 10    It is the intent of the general assembly that eligible
  7 11 funding available under the federal temporary assistance for
  7 12 needy families block grant that is not appropriated or not
  7 13 otherwise expended is considered reserved for economic
  7 14 downturns and welfare reform purposes and is subject to
  7 15 further state appropriation to support families in their
  7 16 movement toward self-sufficiency.
  7 17    The department shall report quarterly, any changes in
  7 18 allocations of temporary assistance for needy families moneys,
  7 19 to the legislative fiscal bureau and to the chairpersons and
  7 20 ranking members of the joint appropriations subcommittee on
  7 21 human services.
  7 22    Sec. 5.  FAMILY INVESTMENT PROGRAM ACCOUNT.
  7 23    1.  Moneys credited to the family investment program (FIP)
  7 24 account for the fiscal year beginning July 1, 1999, and ending
  7 25 June 30, 2000, shall be used in accordance with the following
  7 26 requirements:
  7 27    a.  The department shall provide assistance in accordance
  7 28 with chapter 239B.
  7 29    b.  The department shall continue the special needs program
  7 30 under the family investment program.
  7 31    c.  The department shall continue to comply with federal
  7 32 welfare reform data requirements pursuant to the
  7 33 appropriations made for that purpose.
  7 34    d.  The department shall continue expansion of the
  7 35 electronic benefit transfer program as necessary to comply
  8  1 with federal requirements.  Notwithstanding 1998 Iowa Acts,
  8  2 chapter 1218, section 5, subsection 1, paragraph "d", the
  8  3 target date for statewide implementation of the program is
  8  4 October 1, 2002.
  8  5    e.  The department shall continue to conduct an evaluation
  8  6 of the welfare reform program and child well-being provisions
  8  7 to measure the program's effectiveness, impacts on children
  8  8 and families, and impacts across programs, and to identify
  8  9 effective strategies.
  8 10    f.  The department shall continue to contract for services
  8 11 in developing and monitoring an entrepreneurial training
  8 12 program to provide technical assistance to families which
  8 13 receive assistance under the family investment program.
  8 14    g.  For family investment agreements entered into on or
  8 15 after July 1, 1996, the maximum allowable time period for
  8 16 supported postsecondary education is limited to a total of
  8 17 twenty-four months.  The twenty-four-month allowance shall
  8 18 only be available for a period of thirty-six consecutive
  8 19 months.
  8 20    2.  The department may use a portion of the moneys credited
  8 21 to the family investment account under this section, as
  8 22 necessary for salaries, support, maintenance, and
  8 23 miscellaneous purposes for not more than the following full-
  8 24 time equivalent positions:  
  8 25 ............................................... FTEs      11.00
  8 26    3.  The department may transfer funds in accordance with
  8 27 section 8.39, either federal or state, to or from the child
  8 28 day care appropriations made for the fiscal year beginning
  8 29 July 1, 1999, if the department deems this would be a more
  8 30 effective method of paying for JOBS program child care, to
  8 31 maximize federal funding, or to meet federal maintenance of
  8 32 effort requirements.
  8 33    4.  Moneys appropriated in this Act and credited to the
  8 34 family investment program account for the fiscal year
  8 35 beginning July 1, 1999, and ending June 30, 2000, are
  9  1 allocated as follows:
  9  2    a.  For the food stamp employment and training program:  
  9  3 .................................................. $    250,000
  9  4    b.  For the family development and self-sufficiency grant
  9  5 program as provided under section 217.12:  
  9  6 .................................................. $  5,697,829
  9  7    (1)  Of the funds allocated for the family development and
  9  8 self-sufficiency grant program in this lettered paragraph, not
  9  9 more than 5 percent of the funds shall be used for the
  9 10 administration of the grant program.
  9 11    (2)  Based upon the annual evaluation report concerning
  9 12 each grantee funded by previously appropriated funds and
  9 13 through the solicitation of additional grant proposals, the
  9 14 family development and self-sufficiency council may use the
  9 15 allocated funds to renew or expand existing grants or award
  9 16 new grants.  In utilizing the increased funding to expand the
  9 17 program, the council shall give consideration, in addition to
  9 18 other criteria established by the council, to a grant
  9 19 proposal's intended use of local funds with a grant and to
  9 20 whether a grant proposal would expand the availability of the
  9 21 program's services to a wider geographic area.
  9 22    (3)  Family development and self-sufficiency grantees shall
  9 23 not supplant previous local funding with state or federal
  9 24 funds.
  9 25    (4)  The department shall continue to implement the family
  9 26 development and self-sufficiency grant program statewide
  9 27 during FY 1999-2000.
  9 28    c.  For income maintenance reengineering:  
  9 29 .................................................. $    700,000
  9 30    d.  For the diversion program and incentive grants as
  9 31 follows:
  9 32    (1)  For the diversion subaccount of the family investment
  9 33 program account:  
  9 34 .................................................. $  3,200,000
  9 35    Moneys allocated to the diversion subaccount shall be used
 10  1 to continue the pilot initiative of providing incentives to
 10  2 assist families who meet income eligibility requirements for
 10  3 the family investment program in obtaining or retaining
 10  4 employment, to assist participant families in overcoming
 10  5 barriers to obtaining employment, and to assist families in
 10  6 stabilizing employment and in reducing the likelihood of the
 10  7 family returning to the family investment program.  Incentives
 10  8 may be provided in the form of payment or services.  The
 10  9 department may limit the availability of the pilot initiative
 10 10 on the basis of geographic area or numbers of individuals
 10 11 provided with incentives.  The department shall attempt to
 10 12 assess and screen individuals who would most likely benefit
 10 13 from the services.  The department shall expand the diversion
 10 14 initiative in the fiscal year 1999-2000.  In addition to the
 10 15 full-time equivalent positions authorized in this Act, 1.00
 10 16 FTE is authorized and the department may use up to $50,000 to
 10 17 facilitate community investment in welfare reform and to
 10 18 support expansion of the diversion program.  The department
 10 19 may grant diversion moneys to the level of the entity
 10 20 operating an initiative.  The department may adopt additional
 10 21 eligibility criteria as necessary for compliance with federal
 10 22 law and for screening those families who would be most likely
 10 23 to become eligible for the family investment program if
 10 24 diversion incentives would not be provided.
 10 25    (2)  For continuation of innovative strategies on a
 10 26 statewide or pilot project basis for supporting job retention,
 10 27 family structure, or both, including services to noncustodial
 10 28 parents and young parents:  
 10 29 .................................................. $    500,000
 10 30    (3)  Of the moneys allocated in subparagraph (2), not more
 10 31 than $100,000 shall be used to develop or continue community-
 10 32 level parental obligation pilot projects.  A pilot project
 10 33 shall be operated with the goal of assisting parents who are
 10 34 living apart in meeting their parental obligations and in
 10 35 supporting their children.  Any pilot project shall maximize
 11  1 the use of existing community resources for family counseling,
 11  2 legal services, mediation, job training and job skills
 11  3 development, substance abuse treatment and prevention, health
 11  4 maintenance, and personal mentoring.  Local communities shall
 11  5 also be encouraged to provide financial resources.
 11  6    (a)  Notwithstanding any other provision of law to the
 11  7 contrary, the department shall develop procedures for the
 11  8 pilot projects to expedite all of the following:
 11  9    (i)  The establishment and adjustment of support
 11 10 obligations, with the consent of both parents, in a manner
 11 11 which may deviate from the child support guidelines.
 11 12    (ii)  Changes in income withholding orders based on
 11 13 individual case circumstances.
 11 14    (iii)  Satisfaction of a portion of support amounts owed to
 11 15 the state based on cooperation and compliance by the
 11 16 noncustodial parent with project requirements.
 11 17    (iv)  Adjustment of visitation and shared custody
 11 18 arrangements in a manner which enhances the ability of each
 11 19 parent to meet parental obligations.
 11 20    (b)  The department shall adopt rules for the development,
 11 21 operation, and monitoring of a project; to establish the
 11 22 minimum required amount of community support; to establish
 11 23 expedited procedures; and to establish other criteria and
 11 24 procedures as appropriate.
 11 25    (c)  The department shall use the funds authorized in this
 11 26 subparagraph to employ one full-time equivalent position to
 11 27 manage the pilot project or projects.  The department shall
 11 28 also use the authorized funds to employ other full-time
 11 29 equivalent positions or to provide services, as necessary, to
 11 30 assist in the coordination, development, and operation of
 11 31 community-level pilot projects and to achieve the expedited
 11 32 procedures established.  Any full-time equivalent positions
 11 33 authorized in this subparagraph subdivision are in addition to
 11 34 any other full-time equivalent positions authorized by law.
 11 35    (d)  The department shall submit a report regarding any
 12  1 community level parental obligation pilot projects developed
 12  2 or continued under this subparagraph.  The report shall be
 12  3 submitted on or before December 15, 1999, to the persons
 12  4 designated by this Act for report submission.
 12  5    (4)  Of the moneys allocated in subparagraph (2), not more
 12  6 than $200,000 shall be used to continue to study the impact
 12  7 that moving unemployed family investment program parents into
 12  8 employment has on the well-being of the children, the parent,
 12  9 and the family.  The department shall include in this well-
 12 10 being study a method of actual contact with the families and
 12 11 children, and shall consider broad-based impacts, such as
 12 12 educational achievement, health status, housing stability,
 12 13 family stability, and use of supportive social services.  The
 12 14 department shall also seek funding through foundations and the
 12 15 federal government in order to supplement the funding for this
 12 16 study.  The results of the study shall be submitted to the
 12 17 persons required by this Act to receive reports.
 12 18    (5)  Of the moneys allocated in subparagraph (2), not more
 12 19 than $100,000 shall be used for providing additional incentive
 12 20 payments to contracted agencies who demonstrate success at
 12 21 completing well-being visits for families terminated from the
 12 22 family investment program under a limited benefit plan.  The
 12 23 department shall use these funds to increase payments to
 12 24 agencies who complete a higher percentage of well-being
 12 25 visits, who achieve a significant percentage of visits in a
 12 26 face-to-face format, or who are able to observe and interact
 12 27 with the children during a significant percentage of visits.
 12 28    e.  From moneys appropriated in this Act from the federal
 12 29 temporary assistance for needy families block grant and
 12 30 credited to the family investment program account, for a pilot
 12 31 project for diversion from the family investment program of
 12 32 persons adjudicated to receive child welfare services who
 12 33 become 18 years of age and may be at risk of becoming
 12 34 dependent upon government benefits, in accordance with this
 12 35 paragraph:  
 13  1 .................................................. $    100,000
 13  2    The pilot project shall be a cooperative effort involving a
 13  3 local office of the department and a local service provider
 13  4 that is the recipient of a grant and that provides local,
 13  5 private matching funds for the project.  Under the pilot
 13  6 project, the local service provider shall provide housing and
 13  7 services to persons participating in the project, and the
 13  8 local sources of matching funds shall cover some of these
 13  9 expenses as well as providing employment opportunities and
 13 10 other assistance.  The department shall provide funding for
 13 11 staff expenses.  The persons participating in the project
 13 12 shall provide payment for housing and other services, based
 13 13 upon ability to pay.  A goal of the pilot project is for
 13 14 participants to transition out of the pilot project within a
 13 15 year.
 13 16    5.  Of the child support collections assigned under the
 13 17 family investment program, an amount equal to the federal
 13 18 share of support collections shall be credited to the child
 13 19 support recovery appropriation.  The remainder of the assigned
 13 20 child support collections received by the child support
 13 21 recovery unit shall be credited to the family investment
 13 22 program account.
 13 23    6.  The department may adopt emergency administrative rules
 13 24 for the family investment, food stamp, and medical assistance
 13 25 programs, if necessary, to comply with federal requirements.
 13 26 Prior to adoption of the rules, the department shall consult
 13 27 with the welfare reform council and the chairpersons and
 13 28 ranking members of the joint appropriations subcommittee on
 13 29 human services.
 13 30    7.  The department may continue to streamline and simplify
 13 31 the employer verification process for applicants,
 13 32 participants, and employers in the administration of the
 13 33 department's programs.  The department may contract with
 13 34 companies collecting data from employers when the information
 13 35 is needed in the administration of these programs.  The
 14  1 department may limit the availability of the initiative on the
 14  2 basis of geographic area or number of individuals.
 14  3    8.  Notwithstanding 1998 Iowa Acts, chapter 1218, section
 14  4 5, subsection 7, moneys appropriated to the department of
 14  5 human services in 1995 Iowa Acts, chapter 220, section 11, for
 14  6 purposes of costs associated with the development of the X-
 14  7 PERT computer system shall not revert at the close of the
 14  8 fiscal year beginning July 1, 1998, but shall remain available
 14  9 until the close of the fiscal year beginning July 1, 1999, to
 14 10 be used as provided in this subsection.  Notwithstanding
 14 11 section 8.57, subsection 5, paragraph "c", of these moneys,
 14 12 $350,000 shall be used for the purpose of reviewing and
 14 13 decreasing the error rate of the food stamp program in order
 14 14 to meet federal requirements for food stamp payment accuracy,
 14 15 $7,445 shall be used for welfare reform system improvements,
 14 16 $212,846 shall be used for a technology initiative to provide
 14 17 a buy-in option under the medical assistance program for
 14 18 persons with disabilities if Senate File 211 is enacted by the
 14 19 Seventy-eighth General Assembly, 1999 Session, and $129,709
 14 20 shall be used for county billing system improvements.  The
 14 21 department shall submit a report of the food stamp program
 14 22 error rate review and findings of the review to the general
 14 23 assembly on or before December 15, 1999.
 14 24    Sec. 6.  EMERGENCY ASSISTANCE.  There is appropriated from
 14 25 the general fund of the state to the department of human
 14 26 services for the fiscal year beginning July 1, 1999, and
 14 27 ending June 30, 2000, the following amount, or so much thereof
 14 28 as is necessary, to be used for the purpose designated:
 14 29    For emergency assistance to families with dependent
 14 30 children for homeless prevention programs:  
 14 31 .................................................. $     10,000
 14 32    1.  The emergency assistance provided for in this section
 14 33 and federal moneys appropriated for this purpose in this Act
 14 34 shall be available beginning October 1 of the fiscal year and
 14 35 shall be provided only if all other publicly funded resources
 15  1 have been exhausted.  Specifically, emergency assistance is
 15  2 the program of last resort and shall not supplant assistance
 15  3 provided by the low-income home energy assistance program
 15  4 (LIHEAP), county general relief, and veterans affairs
 15  5 programs.  The department shall establish a $500 maximum
 15  6 payment, per family, in a twelve-month period.  The emergency
 15  7 assistance includes, but is not limited to, assisting people
 15  8 who face eviction, potential eviction, or foreclosure, utility
 15  9 shutoff or fuel shortage, loss of heating energy supply or
 15 10 equipment, homelessness, utility or rental deposits, or other
 15 11 specified crisis which threatens family or living
 15 12 arrangements.  The emergency assistance shall be available to
 15 13 migrant families who would otherwise meet eligibility
 15 14 criteria.  The department may contract for the administration
 15 15 and delivery of the program.  The program shall be terminated
 15 16 when funds are exhausted.
 15 17    2.  For the fiscal year beginning July 1, 1999, the
 15 18 department shall continue the process for the state to receive
 15 19 refunds of utility and rent deposits, including any accrued
 15 20 interest, for emergency assistance recipients which were paid
 15 21 by persons other than the state.  The department shall also
 15 22 receive refunds, including any accrued interest, of assistance
 15 23 paid with funding available under this program.  The refunds
 15 24 received by the department under this subsection shall be
 15 25 deposited with the moneys of the appropriation made in this
 15 26 section and used as additional funds for the emergency
 15 27 assistance program.  Notwithstanding section 8.33, moneys
 15 28 received by the department under this subsection which remain
 15 29 after the emergency assistance program is terminated and state
 15 30 or federal moneys in the emergency assistance account which
 15 31 remain unobligated or unexpended at the close of the fiscal
 15 32 year shall not revert to the general fund of the state but
 15 33 shall remain available for expenditure when the program
 15 34 resumes operation on October 1 in the succeeding fiscal year.
 15 35 Notwithstanding 1998 Iowa Acts, chapter 1218, section 6,
 16  1 subsection 2, the requirements of this subsection shall apply
 16  2 retroactively to all such refunds received by the department
 16  3 in the state fiscal year beginning July 1, 1998.
 16  4    3.  Of the funds appropriated in this section, $10,000 is
 16  5 allocated to the community voice mail program to continue the
 16  6 existing program.  The funds shall be made available beginning
 16  7 July 1, 1999.  The community voice mail program shall submit
 16  8 semiannual reports to the department which, at a minimum,
 16  9 specify, on a county basis, the unduplicated number of
 16 10 households participating in the program for the previous six-
 16 11 month period.  The first six-month period for which a report
 16 12 shall be submitted begins July 1, 1999, and the report shall
 16 13 be submitted no later than the last business day of the month
 16 14 immediately following the end of the six-month period.
 16 15    Sec. 7.  MEDICAL ASSISTANCE.  There is appropriated from
 16 16 the general fund of the state to the department of human
 16 17 services for the fiscal year beginning July 1, 1999, and
 16 18 ending June 30, 2000, the following amount, or so much thereof
 16 19 as is necessary, to be used for the purpose designated:
 16 20    For medical assistance, including reimbursement for
 16 21 abortion services, which shall be available under the medical
 16 22 assistance program only for those abortions which are
 16 23 medically necessary:  
 16 24 .................................................. $415,455,590
 16 25    1.  Medically necessary abortions are those performed under
 16 26 any of the following conditions:
 16 27    a.  The attending physician certifies that continuing the
 16 28 pregnancy would endanger the life of the pregnant woman.
 16 29    b.  The attending physician certifies that the fetus is
 16 30 physically deformed, mentally deficient, or afflicted with a
 16 31 congenital illness.
 16 32    c.  The pregnancy is the result of a rape which is reported
 16 33 within 45 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    d.  The pregnancy is the result of incest which is reported
 17  2 within 150 days of the incident to a law enforcement agency or
 17  3 public or private health agency which may include a family
 17  4 physician.
 17  5    e.  Any spontaneous abortion, commonly known as a
 17  6 miscarriage, if not all of the products of conception are
 17  7 expelled.
 17  8    2.  Notwithstanding section 8.39, the department may
 17  9 transfer funds appropriated in this section to a separate
 17 10 account established in the department's case management unit
 17 11 for expenditures required to provide case management services
 17 12 for mental health, mental retardation, and developmental
 17 13 disabilities services under medical assistance which are
 17 14 jointly funded by the state and county, pending final
 17 15 settlement of the expenditures.  Funds received by the case
 17 16 management unit in settlement of the expenditures shall be
 17 17 used to replace the transferred funds and are available for
 17 18 the purposes for which the funds were appropriated in this
 17 19 section.
 17 20    3.  a.  The county of legal settlement shall be billed for
 17 21 50 percent of the nonfederal share of the cost of case
 17 22 management provided for adults, day treatment, and partial
 17 23 hospitalization in accordance with sections 249A.26 and
 17 24 249A.27, and 100 percent of the nonfederal share of the cost
 17 25 of care for adults which is reimbursed under a federally
 17 26 approved home and community-based waiver that would otherwise
 17 27 be approved for provision in an intermediate care facility for
 17 28 persons with mental retardation, provided under the medical
 17 29 assistance program.  The state shall have responsibility for
 17 30 the remaining 50 percent of the nonfederal share of the cost
 17 31 of case management provided for adults, day treatment, and
 17 32 partial hospitalization.  For persons without a county of
 17 33 legal settlement, the state shall have responsibility for 100
 17 34 percent of the nonfederal share of the costs of case
 17 35 management provided for adults, day treatment, partial
 18  1 hospitalization, and the home and community-based waiver
 18  2 services.  The case management services specified in this
 18  3 subsection shall be billed to a county only if the services
 18  4 are provided outside of a managed care contract.
 18  5    b.  The state shall pay the entire nonfederal share of the
 18  6 costs for case management services provided to persons 17
 18  7 years of age and younger who are served in a medical
 18  8 assistance home and community-based waiver program for persons
 18  9 with mental retardation.
 18 10    c.  Medical assistance funding for case management services
 18 11 for eligible persons 17 years of age and younger shall also be
 18 12 provided to persons residing in counties with child welfare
 18 13 decategorization projects implemented in accordance with
 18 14 section 232.188, provided these projects have included these
 18 15 persons in their service plan and the decategorization project
 18 16 county is willing to provide the nonfederal share of costs.
 18 17    d.  When paying the necessary and legal expenses of
 18 18 intermediate care facilities for persons with mental
 18 19 retardation (ICFMR), the cost payment requirements of section
 18 20 222.60 shall be considered fulfilled when payment is made in
 18 21 accordance with the medical assistance payment rates
 18 22 established for ICFMRs by the department and the state or a
 18 23 county of legal settlement is not obligated for any amount in
 18 24 excess of the rates.
 18 25    4.  The department shall utilize not more than $60,000 of
 18 26 the funds appropriated in this section to continue the
 18 27 AIDS/HIV health insurance premium payment program as
 18 28 established in 1992 Iowa Acts, Second Extraordinary Session,
 18 29 Chapter 1001, section 409, subsection 6.  Of the funds
 18 30 allocated in this subsection, not more than $5,000 may be
 18 31 expended for administrative purposes.
 18 32    5.  Of the funds appropriated to the Iowa department of
 18 33 public health for substance abuse grants, $950,000 for the
 18 34 fiscal year beginning July 1, 1999, shall be transferred to
 18 35 the department of human services for an integrated substance
 19  1 abuse managed care system.
 19  2    6.  The department shall aggressively implement the medical
 19  3 assistance home and community-based waiver for persons with
 19  4 physical disabilities as a means to further develop the
 19  5 personal assistance services program under section 225C.46.
 19  6 The waiver shall be limited in application to persons with
 19  7 physical disabilities who reside in a medical institution at
 19  8 the time of applying for assistance.  The range for the number
 19  9 of persons to be served under this waiver at any one time is
 19 10 at least 35 and not more than 100 persons.  Of the number of
 19 11 persons served, a maximum of 10 persons with physical
 19 12 disabilities who are at imminent risk of placement in a
 19 13 medical institution shall be approved for waiver services.
 19 14    7.  The department of human services, in consultation with
 19 15 the Iowa department of public health and the department of
 19 16 education, shall continue the program to utilize the early and
 19 17 periodic screening, diagnosis, and treatment (EPSDT) funding
 19 18 under medical assistance, to the extent possible, to implement
 19 19 the screening component of the EPSDT program through the
 19 20 school system.  The department may enter into contracts to
 19 21 utilize maternal and child health centers, the public health
 19 22 nursing program, or school nurses in implementing this
 19 23 provision.
 19 24    8.  The department shall continue the case study for
 19 25 outcome-based performance standards for programs serving
 19 26 persons with mental retardation or other developmental
 19 27 disabilities proposed pursuant to 1994 Iowa Acts, chapter
 19 28 1170, section 56.
 19 29    9.  The department shall continue a medical assistance home
 19 30 and community-based services waiver to allow children with
 19 31 mental retardation, who would otherwise require ICF/MR care,
 19 32 to be served in out-of-home settings of up to eight beds which
 19 33 meet standards established by the department.  If the waiver
 19 34 is not approved, up to $1,487,314 of the funds appropriated in
 19 35 this section may be transferred to the appropriation in this
 20  1 Act for child and family services, to be used for group foster
 20  2 care maintenance and services.
 20  3    10.  Notwithstanding section 8.33, moneys appropriated in
 20  4 1998 Iowa Acts, chapter 1218, section 29, for the purpose of
 20  5 developing a county billing system, that remain unencumbered
 20  6 or unobligated at the close of the fiscal year beginning July
 20  7 1, 1998, shall not revert, but shall remain available for the
 20  8 purpose designated until the close of the succeeding fiscal
 20  9 year.
 20 10    11.  If funding is available through nonstate and
 20 11 nonfederal sources to provide matching funds for federal
 20 12 funds, the department may add not more than five full-time
 20 13 equivalent positions, in addition to those authorized in this
 20 14 Act, for out-stationing of eligibility determination staff.
 20 15 If such funding is provided by a provider of medical
 20 16 assistance services, the full-time equivalent position shall
 20 17 be out-stationed at that provider's location.
 20 18    12.  The department shall convene representatives of
 20 19 interest groups to identify ways to improve home and
 20 20 community-based waiver services offered through the medical
 20 21 assistance program and to assess the feasibility of
 20 22 implementing such identified improvements.  The assessment
 20 23 shall include an estimate of the costs associated with any
 20 24 recommendations for improvement and a time frame for
 20 25 implementation of the recommendations.  Interest group
 20 26 representatives shall include but are not limited to
 20 27 representatives of consumers of services, family members of
 20 28 consumers, advocacy groups for persons with disabilities
 20 29 eligible for such services, counties, and providers of
 20 30 services.  The department shall submit a report of the
 20 31 findings and recommendations of the group to the general
 20 32 assembly on or before December 15, 1999.
 20 33    13.  The nonfederal share of moneys refunded to the
 20 34 department from the managed mental health and substance abuse
 20 35 care plan shall be credited to this medical assistance
 21  1 appropriation.  Up to $350,000 of the refunded moneys may be
 21  2 transferred to be used as matching funds for a children's
 21  3 mental health grant managed by the division of mental health
 21  4 and developmental disabilities.
 21  5    14.  The department shall work with county representatives
 21  6 in aggressively taking the steps necessary to implement the
 21  7 rehabilitation option for services to persons with chronic
 21  8 mental illness under the medical assistance program through
 21  9 use of county funding as a match for the federal funding.
 21 10    15.  Of the funds appropriated in this section, the
 21 11 department may use up to $207,000 to implement a disease-
 21 12 specific pharmaceutical case management study, beginning
 21 13 January 1, 2000, to measure the effects of case management for
 21 14 medical assistance recipients identified by the department as
 21 15 being at high risk for medication-related problems.  The funds
 21 16 shall be used to equally reimburse physician-pharmacist teams
 21 17 for participation in the study.  An advisory committee whose
 21 18 membership consists of representatives of the Iowa medical
 21 19 society, the Iowa pharmacy association, and the department of
 21 20 human services shall establish and implement the
 21 21 pharmaceutical case management study.  The university of Iowa
 21 22 colleges of medicine and pharmacy shall perform an evaluation
 21 23 of the study at no cost to the state and shall submit a final
 21 24 report of the findings of the evaluation and any
 21 25 recommendations to the general assembly by December 15, 2002.
 21 26 The department shall submit a progress report relating to the
 21 27 program by December 15, 2001, and a final report by December
 21 28 15, 2002, to the general assembly.  The department may adopt
 21 29 emergency rules to implement the provisions of this
 21 30 subsection.
 21 31    16.  Notwithstanding any provision to the contrary and if
 21 32 allowed under federal law and regulation, for the fiscal year
 21 33 beginning July 1, 1999, $65,000 of the penalties collected as
 21 34 authorized by section 249A.19 shall not be deposited in the
 21 35 general fund of the state but are appropriated and shall be
 22  1 used by the department to continue to fund the recruitment and
 22  2 retention strategies to provide additional training and
 22  3 support for certified nurse aides, employed by nursing
 22  4 facilities, as a means of reducing staff turnover.
 22  5    17.  The department shall evaluate the feasibility and
 22  6 fiscal impact of implementing twelve-month continuous
 22  7 eligibility for children eligible for medical assistance
 22  8 pursuant to chapter 249A.  If in accordance with federal law,
 22  9 the department may implement the twelve-month continuous
 22 10 eligibility policy on a less than a statewide basis.  The
 22 11 department shall submit a report of its evaluation of the
 22 12 fiscal impact of the proposed policy and recommendations to
 22 13 the general assembly by October 1, 1999.
 22 14    18.  The department shall develop a process for enrollment
 22 15 that eliminates the face-to-face interview for children
 22 16 eligible for medical assistance only.  The department may
 22 17 adopt emergency rules to implement this subsection.
 22 18    19.  The department may adopt emergency rules to implement
 22 19 section 249A.3, subsection 5A, as enacted by this Act.
 22 20    Sec. 8.  HEALTH INSURANCE PREMIUM PAYMENT PROGRAM.  There
 22 21 is appropriated from the general fund of the state to the
 22 22 department of human services for the fiscal year beginning
 22 23 July 1, 1999, and ending June 30, 2000, the following amount,
 22 24 or so much thereof as is necessary, to be used for the purpose
 22 25 designated:
 22 26    For administration of the health insurance premium payment
 22 27 program, including salaries, support, maintenance, and
 22 28 miscellaneous purposes, and for not more than the following
 22 29 full-time equivalent positions:  
 22 30 .................................................. $    397,000
 22 31 ............................................... FTEs      17.00
 22 32    Sec. 9.  CHILDREN'S HEALTH INSURANCE PROGRAM.  There is
 22 33 appropriated from the general fund of the state to the
 22 34 department of human services for the fiscal year beginning
 22 35 July 1, 1999, and ending June 30, 2000, the following amount,
 23  1 or so much thereof as is necessary, to be used for the purpose
 23  2 designated:
 23  3    For maintenance of the healthy and well kids in Iowa
 23  4 program pursuant to chapter 514I for receipt of federal
 23  5 financial participation under Title XXI of the federal Social
 23  6 Security Act, which creates the state children's health
 23  7 insurance program:  
 23  8 .................................................. $ 10,250,000
 23  9    1.  The department may transfer funds appropriated in this
 23 10 Act for medical assistance to be used for the purpose of
 23 11 expanding health care coverage to children under the medical
 23 12 assistance program.  The department shall provide periodic
 23 13 updates to the general assembly of expenditures of funds
 23 14 appropriated in this section.
 23 15    2.  Notwithstanding section 8.33, moneys appropriated in
 23 16 this section and in 1998 Iowa Acts, chapter 1218, section 9,
 23 17 that remain unencumbered or unobligated at the close of the
 23 18 fiscal year shall not revert but shall be credited to the
 23 19 HAWK-I trust fund and are appropriated and shall be used for
 23 20 the children's health insurance program.
 23 21    3.  The HAWK-I board shall conduct a study of the costs of
 23 22 providing family coverage under the state children's health
 23 23 insurance program and shall submit a report of the findings of
 23 24 the study and any recommendations by December 15, 1999, to the
 23 25 persons designated under this Act to receive reports.
 23 26    Sec. 10.  MEDICAL CONTRACTS.  There is appropriated from
 23 27 the general fund of the state to the department of human
 23 28 services for the fiscal year beginning July 1, 1999, and
 23 29 ending June 30, 2000, the following amount, or so much thereof
 23 30 as is necessary, to be used for the purpose designated:
 23 31    For medical contracts:  
 23 32 .................................................. $  7,659,250
 23 33    1.  The department shall expand the drug prior
 23 34 authorization requirement to reduce costs to the medical
 23 35 assistance program for prescription drugs.  The department
 24  1 shall adopt emergency rules to implement this subsection.
 24  2    2.  The department shall ensure that the drug utilization
 24  3 review commission conducts its meetings in accordance with
 24  4 chapter 21 and that the commission incorporates term limits
 24  5 for physician and pharmacist members in its membership policy.
 24  6    3.  In any managed care contract for mental health or
 24  7 substance abuse services entered into by the department on or
 24  8 after July 1, 1999, the request for proposals shall provide
 24  9 for coverage of dual diagnosis mental health and substance
 24 10 abuse treatment.  To the extent possible, the department shall
 24 11 also amend any such contract existing on July 1, 1999, to
 24 12 provide for such coverage.
 24 13    4.  Notwithstanding section 8.33, $10,750 of the moneys
 24 14 appropriated to the department of human services in 1998 Iowa
 24 15 Acts, chapter 1218, section 10, that remain unencumbered or
 24 16 unobligated at the close of the fiscal year shall not revert
 24 17 but shall remain available for expenditure for the purposes
 24 18 designated in this section until the close of the succeeding
 24 19 fiscal year.
 24 20    Sec. 11.  STATE SUPPLEMENTARY ASSISTANCE.  There is
 24 21 appropriated from the general fund of the state to the
 24 22 department of human services for the fiscal year beginning
 24 23 July 1, 1999, and ending June 30, 2000, the following amount,
 24 24 or so much thereof as is necessary, to be used for the
 24 25 purposes designated:
 24 26    For state supplementary assistance, funeral assistance, and
 24 27 the medical assistance home and community-based services
 24 28 waiver rent subsidy program:  
 24 29 .................................................. $ 20,500,000
 24 30    1.  The department shall increase the personal needs
 24 31 allowance for residents of residential care facilities by the
 24 32 same percentage and at the same time as federal supplemental
 24 33 security income and federal social security benefits are
 24 34 increased due to a recognized increase in the cost of living.
 24 35 The department may adopt emergency rules to implement this
 25  1 subsection.
 25  2    2.  a.  If during the fiscal year beginning July 1, 1999,
 25  3 the department projects that state supplementary assistance
 25  4 expenditures for a calendar year will not meet the federal
 25  5 pass-along requirement specified in Title XVI of the federal
 25  6 Social Security Act, section 1618, as codified in 42 U.S.C. }
 25  7 1382g, the department may take actions including but not
 25  8 limited to increasing the personal needs allowance for
 25  9 residential care facility residents and making programmatic
 25 10 adjustments or upward adjustments of the residential care
 25 11 facility or in-home health-related care reimbursement rates
 25 12 prescribed in this Act to ensure that federal requirements are
 25 13 met.  The department may adopt emergency rules to implement
 25 14 the provisions of this subsection.
 25 15    b.  If during the fiscal year beginning July 1, 1999, the
 25 16 department projects that state supplementary assistance
 25 17 expenditures will exceed the amount appropriated, the
 25 18 department may transfer funds appropriated in this Act for
 25 19 medical assistance for the purposes of the state supplementary
 25 20 assistance program.  However, funds shall only be transferred
 25 21 from the medical assistance appropriation if the funds
 25 22 transferred are projected to be in excess of the funds
 25 23 necessary for the medical assistance program.
 25 24    3.  The department may use up to $75,000 of the funds
 25 25 appropriated in this section for a rent subsidy program for
 25 26 adult persons to whom all of the following apply:
 25 27    a.  Are receiving assistance under a medical assistance
 25 28 home and community-based services (HCBS) waiver.
 25 29    b.  Were discharged from a medical institution in which
 25 30 they have resided or were at risk of institutional placement,
 25 31 not to exceed 100 slots.  Within available funding and
 25 32 demonstrated need, the department may make subsidy funds
 25 33 available to HCBS waiver-eligible adults meeting criteria in
 25 34 paragraph "a" and this paragraph at any time on or after July
 25 35 1, 1995.
 26  1    The goal of the subsidy program shall be to encourage and
 26  2 assist in enabling persons who currently reside in a medical
 26  3 institution to move to a community living arrangement.  An
 26  4 eligible person may receive assistance in meeting their rental
 26  5 expense and, in the initial two months of eligibility, in
 26  6 purchasing necessary household furnishings and supplies.  The
 26  7 program shall be implemented so that it does not meet the
 26  8 federal definition of state supplementary assistance and will
 26  9 not impact the federal pass-along requirement specified in
 26 10 Title XVI of the federal Social Security Act, section 1618, as
 26 11 codified in 42 U.S.C. } 1382g.
 26 12    Sec. 12.  CHILD DAY CARE ASSISTANCE.  There is appropriated
 26 13 from the general fund of the state to the department of human
 26 14 services for the fiscal year beginning July 1, 1999, and
 26 15 ending June 30, 2000, the following amount, or so much thereof
 26 16 as is necessary, to be used for the purposes designated:
 26 17    For child care programs:  
 26 18 .................................................. $  5,050,750
 26 19    1.  Of the funds appropriated in this section, $4,407,073
 26 20 shall be used for state child care assistance.
 26 21    2.  For the purposes of this subsection, the term "poverty
 26 22 level" means the poverty level defined by the poverty income
 26 23 guidelines published by the United States department of health
 26 24 and human services.  Based upon the availability of the
 26 25 funding provided in section 4, subsection 2, and other funding
 26 26 appropriated for state child care assistance, the department
 26 27 shall establish waiting lists for state child care assistance
 26 28 in descending order of prioritization as follows:
 26 29    a.  Families with an income at or below 100 percent of the
 26 30 federal poverty level whose members are employed at least 28
 26 31 hours per week, and parents with a family income at or below
 26 32 100 percent of the federal poverty level who are under the age
 26 33 of 21 and are participating in an educational program leading
 26 34 to a high school diploma or equivalent.
 26 35    b.  Parents with a family income at or below 100 percent of
 27  1 the federal poverty level who are under the age of 21 and are
 27  2 participating, at a satisfactory level, in an approved
 27  3 training program or in an educational program.
 27  4    c.  Families with an income of more than 100 percent but
 27  5 not more than 140 percent of the federal poverty level whose
 27  6 members are employed at least 28 hours per week.
 27  7    d.  Families with an income at or below 175 percent of the
 27  8 federal poverty level whose members are employed at least 28
 27  9 hours per week with a special needs child as a member of the
 27 10 family.
 27 11    3.  Nothing in this section shall be construed or is
 27 12 intended as, or shall imply, a grant of entitlement for
 27 13 services to persons who are eligible for assistance due to an
 27 14 income level consistent with the requirements of this section.
 27 15 Any state obligation to provide services pursuant to this
 27 16 section is limited to the extent of the funds appropriated in
 27 17 this section.
 27 18    4.  Of the funds appropriated in this section, $636,641 is
 27 19 allocated for the statewide program for child day care
 27 20 resource and referral services under section 237A.26.
 27 21    5.  The department may use any of the funds appropriated in
 27 22 this section as a match to obtain federal funds for use in
 27 23 expanding child day care assistance and related programs.  For
 27 24 the purpose of expenditures of state and federal child day
 27 25 care funding, funds shall be considered obligated at the time
 27 26 expenditures are projected or are allocated to the
 27 27 department's regions.  Projections shall be based on current
 27 28 and projected caseload growth, current and projected provider
 27 29 rates, staffing requirements for eligibility determination and
 27 30 management of program requirements including data systems
 27 31 management, staffing requirements for administration of the
 27 32 program, contractual and grant obligations and any transfers
 27 33 to other state agencies, and obligations for decategorization
 27 34 or innovation projects.
 27 35    6.  During the 1999-2000 fiscal year, the department shall
 28  1 utilize the moneys deposited in the child day care credit fund
 28  2 created in section 237A.28 for state child care assistance, in
 28  3 addition to the moneys allocated for that purpose in this
 28  4 section.
 28  5    Sec. 13.  CHILD SUPPORT RECOVERY.  There is appropriated
 28  6 from the general fund of the state to the department of human
 28  7 services for the fiscal year beginning July 1, 1999, and
 28  8 ending June 30, 2000, the following amount, or so much thereof
 28  9 as is necessary, to be used for the purposes designated:
 28 10    For child support recovery, including salaries, support,
 28 11 maintenance, and miscellaneous purposes and for not more than
 28 12 the following full-time equivalent positions:  
 28 13 .................................................. $  6,750,000
 28 14 ............................................... FTEs     243.22
 28 15    1.  The director of human services, within the limitations
 28 16 of the moneys appropriated in this section, or moneys
 28 17 transferred from the family investment program account for
 28 18 this purpose, shall establish new positions and add employees
 28 19 to the child support recovery unit if the director determines
 28 20 that both the current and additional employees together can
 28 21 reasonably be expected to maintain or increase net state
 28 22 revenue at or beyond the budgeted level.  If the director adds
 28 23 employees, the department shall demonstrate the cost-
 28 24 effectiveness of the current and additional employees by
 28 25 reporting to the joint appropriations subcommittee on human
 28 26 services the ratio of the total amount of administrative costs
 28 27 for child support recoveries to the total amount of the child
 28 28 support recovered.
 28 29    2.  Nonpublic assistance application fees and other user
 28 30 fees received by the child support recovery unit are
 28 31 appropriated and shall be used for the purposes of the child
 28 32 support recovery program.  The director of human services may
 28 33 add positions within the limitations of the amount
 28 34 appropriated for salaries and support for the positions.  The
 28 35 director shall report any positions added pursuant to this
 29  1 subsection to the chairpersons and ranking members of the
 29  2 joint appropriations subcommittee on human services and the
 29  3 legislative fiscal bureau.
 29  4    3.  The director of human services, in consultation with
 29  5 the department of management and the legislative fiscal
 29  6 committee, is authorized to receive and deposit state child
 29  7 support incentive earnings in the manner specified under
 29  8 applicable federal requirements.
 29  9    4.  The director of human services may establish new
 29 10 positions and add state employees to the child support
 29 11 recovery unit or contract for delivery of services if the
 29 12 director determines the employees are necessary to replace
 29 13 county-funded positions eliminated due to termination,
 29 14 reduction, or nonrenewal of a chapter 28E contract.  However,
 29 15 the director must also determine that the resulting increase
 29 16 in the state share of child support recovery incentives
 29 17 exceeds the cost of the positions or contract, the positions
 29 18 or contract are necessary to ensure continued federal funding
 29 19 of the program, or the new positions or contract can
 29 20 reasonably be expected to recover at least twice the amount of
 29 21 money necessary to pay the salaries and support for the new
 29 22 positions or the contract will generate at least 200 percent
 29 23 of the cost of the contract.
 29 24    5.  If initiated by the judicial branch, the child support
 29 25 recovery unit shall continue to work with the judicial branch
 29 26 to determine the feasibility of implementing a pilot project
 29 27 utilizing a court-appointed referee for judicial
 29 28 determinations on child support matters.  The extent and
 29 29 location of any pilot project shall be jointly developed by
 29 30 the judicial branch and the child support recovery unit.
 29 31    6.  The department shall expend up to $50,000, including
 29 32 federal financial participation, for the fiscal year beginning
 29 33 July 1, 1999, for a child support public awareness campaign.
 29 34 The department and the office of the attorney general shall
 29 35 cooperate in continuation of the campaign.  The public
 30  1 awareness campaign shall emphasize, through a variety of media
 30  2 activities, the importance of maximum involvement of both
 30  3 parents in the lives of their children as well as the
 30  4 importance of payment of child support obligations.
 30  5    7.  The department shall continue the option to provide and
 30  6 supervise a community service pilot project for absent parents
 30  7 who are ordered by the court to perform community service for
 30  8 failure to pay child support pursuant to section 598.23A.
 30  9    8.  Surcharges paid by obligors and received by the unit as
 30 10 a result of the referral of support delinquency by the child
 30 11 support recovery unit to any private collection agency are
 30 12 appropriated to the department and shall be used to pay the
 30 13 costs of any contracts with the collection agencies.
 30 14    Sec. 14.  JUVENILE INSTITUTIONS.  There is appropriated
 30 15 from the general fund of the state to the department of human
 30 16 services for the fiscal year beginning July 1, 1999, and
 30 17 ending June 30, 2000, the following amount, or so much thereof
 30 18 as is necessary, to be used for the purposes designated:
 30 19    For the operation of the state training school and the Iowa
 30 20 juvenile home, including salaries, support, maintenance, and
 30 21 miscellaneous purposes and for not more than the following
 30 22 full-time equivalent positions:
 30 23    For the state juvenile institutions:  
 30 24 .................................................. $ 15,748,000
 30 25 ............................................... FTEs     356.45
 30 26    1.  The following amounts of the funds appropriated and
 30 27 full-time equivalent positions authorized in this section are
 30 28 allocated for the Iowa juvenile home at Toledo:  
 30 29 .................................................. $  6,220,000
 30 30 ............................................... FTEs     136.54
 30 31    It is the intent of the general assembly that beginning in
 30 32 the fiscal year commencing on July 1, 2000, the Iowa juvenile
 30 33 home at Toledo will serve only females.  In preparation for
 30 34 this change, the department shall develop service options to
 30 35 appropriately place males for whom placement at the Iowa
 31  1 juvenile home would otherwise be appropriate.  The principal
 31  2 option considered in placing males shall be placement at
 31  3 existing state facilities.  Of the funding appropriated in
 31  4 this section, not more than $50,000 shall be used for expert
 31  5 assistance to prepare for this change and to improve the
 31  6 educational curriculum and other services to females placed at
 31  7 the Iowa juvenile home.
 31  8    2.  The following amounts of the funds appropriated and
 31  9 full-time equivalent positions authorized in this section are
 31 10 allocated for the state training school at Eldora:  
 31 11 .................................................. $  9,528,000
 31 12 ............................................... FTEs     219.91
 31 13    Of the funding allocated in this subsection, $40,000 is
 31 14 designated for aftercare services for persons who were placed
 31 15 at the state training school at Eldora.  
 31 16    3.  During the fiscal year beginning July 1, 1999, the
 31 17 population levels at the state juvenile institutions shall not
 31 18 exceed the population guidelines established under 1990 Iowa
 31 19 Acts, chapter 1239, section 21, as adjusted for additional
 31 20 beds developed at the institutions.
 31 21    4.  A portion of the moneys appropriated in this section
 31 22 shall be used by the state training school and by the Iowa
 31 23 juvenile home for grants for adolescent pregnancy prevention
 31 24 activities at the institutions in the fiscal year beginning
 31 25 July 1, 1999.
 31 26    5.  Within the amount appropriated in this section, the
 31 27 department may reallocate funds as necessary to best fulfill
 31 28 the needs of the institutions provided for in the
 31 29 appropriation.
 31 30    6.  Notwithstanding section 8.33, $378,114 of the moneys
 31 31 appropriated to the department of human services in 1998 Iowa
 31 32 Acts, chapter 1218, section 14, for a new cottage at the state
 31 33 training school at Eldora shall not revert but shall remain
 31 34 available for expenditure for the purposes designated until
 31 35 the close of the succeeding fiscal year.
 32  1    Sec. 15.  CHILD AND FAMILY SERVICES.  There is appropriated
 32  2 from the general fund of the state to the department of human
 32  3 services for the fiscal year beginning July 1, 1999, and
 32  4 ending June 30, 2000, the following amount, or so much thereof
 32  5 as is necessary, to be used for the purpose designated:
 32  6    For child and family services:  
 32  7 .................................................. $107,450,000
 32  8    1.  The department may transfer funds appropriated in this
 32  9 section as necessary to pay the nonfederal costs of services
 32 10 reimbursed under medical assistance or the family investment
 32 11 program which are provided to children who would otherwise
 32 12 receive services paid under the appropriation in this section.
 32 13 The department may transfer funds appropriated in this section
 32 14 to the appropriations in this Act for general administration
 32 15 and for field operations for resources necessary to implement
 32 16 and operate the services funded in this section.  Transfers
 32 17 made under this subsection remain subject to the notice
 32 18 provision of section 8.39, subsections 3 and 4.
 32 19    2.  a.  Of the funds appropriated in this section, up to
 32 20 $28,510,211 is allocated as the statewide expenditure target
 32 21 under section 232.143 for group foster care maintenance and
 32 22 services.
 32 23    b.  (1)  If at any time after September 30, 1999,
 32 24 annualization of a region's current expenditures indicates a
 32 25 region is at risk of exceeding its group foster care
 32 26 expenditure target under section 232.143 by more than five
 32 27 percent, the department and juvenile court services shall
 32 28 examine all group foster care placements in that region in
 32 29 order to identify those which might be appropriate for
 32 30 termination.  In addition, any aftercare services believed to
 32 31 be needed for the children whose placements may be terminated
 32 32 shall be identified.  The department and juvenile court
 32 33 services shall initiate action to set dispositional review
 32 34 hearings for the placements identified.  In such a
 32 35 dispositional review hearing, the juvenile court shall
 33  1 determine whether needed aftercare services are available and
 33  2 whether termination of the placement is in the best interest
 33  3 of the child and the community.
 33  4    (2)  The department shall provide quarterly reports to the
 33  5 judicial branch, juvenile court services, the legislative
 33  6 fiscal bureau, and decategorization boards on the number of
 33  7 children placed in group foster care and the amount of
 33  8 expenditure for group foster care by county.
 33  9    c.  (1)  Of the funds appropriated in this section, not
 33 10 more than $6,492,887 is allocated as the state match funding
 33 11 for psychiatric medical institutions for children.
 33 12    (2)  The department may transfer all or a portion of the
 33 13 amount allocated in this lettered paragraph for psychiatric
 33 14 medical institutions for children (PMICs) to the appropriation
 33 15 in this Act for medical assistance and shall not amend the
 33 16 managed mental health care contract to include PMICs.
 33 17    d.  Of the funds allocated in this subsection, $1,360,045
 33 18 is allocated as the state match funding for 50 highly
 33 19 structured juvenile program beds.  If the number of beds
 33 20 provided for in this lettered paragraph is not utilized, the
 33 21 remaining funds allocated may be used for group foster care.
 33 22    e.  For the fiscal year beginning July 1, 1999, the
 33 23 requirements of section 232.143 applicable to the juvenile
 33 24 court and to representatives of the juvenile court shall be
 33 25 applicable instead to juvenile court services and to
 33 26 representatives of juvenile court services.  The
 33 27 representatives appointed by the department of human services
 33 28 and by juvenile court services to establish the plan to
 33 29 contain expenditures for children placed in group foster care
 33 30 ordered by the court within the budget target allocated to the
 33 31 region shall establish the plan in a manner so as to ensure
 33 32 the moneys allocated to the region under section 232.141 shall
 33 33 last the entire fiscal year.  Funds for a child placed in
 33 34 group foster care shall be considered encumbered for the
 33 35 duration of the child's projected or actual length of stay,
 34  1 whichever is applicable.
 34  2    f.  The funding allocation in this subsection provides
 34  3 additional funding, compared to the prior fiscal year, in an
 34  4 amount equal to the cost of 41 group foster care beds.  It is
 34  5 the intent of the general assembly that the additional funding
 34  6 allow for the availability of at least 20 additional beds to
 34  7 be available for placement of females.
 34  8    3.  The department shall continue the goal that not more
 34  9 than 15 percent of the children placed in foster care funded
 34 10 under the federal Social Security Act, Title IV-E, may be
 34 11 placed in foster care for a period of more than 24 months.
 34 12    4.  In accordance with the provisions of section 232.188,
 34 13 the department shall continue the program to decategorize
 34 14 child welfare services in additional counties or clusters of
 34 15 counties.
 34 16    5.  A portion of the funding appropriated in this section
 34 17 may be used for emergency family assistance to provide other
 34 18 resources required for a family participating in a family
 34 19 preservation or reunification project to stay together or to
 34 20 be reunified.
 34 21    6.  Notwithstanding section 234.35, subsection 1, for the
 34 22 fiscal year beginning July 1, 1999, state funding for shelter
 34 23 care paid pursuant to section 234.35, subsection 1, paragraph
 34 24 "h", shall be limited to $7,160,257.
 34 25    7.  Of the funding appropriated in this section, not more
 34 26 than $517,546 may be used to develop and maintain the state's
 34 27 implementation of the national adoption and foster care
 34 28 information system pursuant to the requirements of Pub. L.
 34 29 No. 99-509.  The department may transfer funds as necessary
 34 30 from the appropriations in this Act for field operations and
 34 31 general administration to implement this subsection.  Moneys
 34 32 allocated in accordance with this subsection shall be
 34 33 considered encumbered for the purposes of section 8.33.
 34 34    8.  Of the funding appropriated in this section, up to
 34 35 $689,791 may be used as determined by the department for any
 35  1 of the following purposes:
 35  2    a.  For general administration of the department to improve
 35  3 staff training efforts.
 35  4    b.  For oversight of termination of parental rights and
 35  5 permanency planning efforts on a statewide basis.
 35  6    c.  For personnel, assigned by the attorney general, to
 35  7 provide additional services relating to termination of
 35  8 parental rights and child in need of assistance cases.
 35  9    d.  For specialized permanency planning field operations
 35 10 staff.
 35 11    9.  Of the funds appropriated in this section, not more
 35 12 than $830,784 shall be expended to implement a subsidized
 35 13 guardianship program to provide financial assistance to
 35 14 guardians of children who have a permanency order under
 35 15 section 232.104, subsection 2, paragraph "d", subparagraph
 35 16 (1), and for whom all of the following apply:
 35 17    a.  The option of reunification has been eliminated and
 35 18 termination of parental rights is not appropriate.
 35 19    b.  The child has lived in foster care for at least 12
 35 20 months.
 35 21    c.  The child is either 14 years of age or older, or if the
 35 22 child is under 14 years of age, is part of a sibling group
 35 23 which precludes availability for adoption.
 35 24    d.  The placement does not require departmental
 35 25 supervision.
 35 26    The financial assistance provided under this subsection
 35 27 shall be in an amount equal to that provided for family foster
 35 28 care.  For the purposes of medical assistance and child
 35 29 support recovery, the payments are considered foster care
 35 30 payments.
 35 31    10.  The department may adopt administrative rules
 35 32 following consultation with child welfare services providers
 35 33 to implement outcome-based child welfare services pilot
 35 34 projects.  The rules may include, but are not limited to, the
 35 35 development of program descriptions, provider licensing and
 36  1 certification standards, reimbursement and payment amounts,
 36  2 contract requirements, assessment and service necessity
 36  3 requirements, eligibility criteria, claims submission
 36  4 procedures, and accountability standards.
 36  5    11.  The department shall continue to make adoption
 36  6 presubsidy and adoption subsidy payments to adoptive parents
 36  7 at the beginning of the month for the current month.
 36  8    12.  Federal funds received by the state during the fiscal
 36  9 year beginning July 1, 1999, as the result of the expenditure
 36 10 of state funds appropriated during a previous state fiscal
 36 11 year for a service or activity funded under this section,
 36 12 shall be used as additional funding for services provided
 36 13 under this section.  Moneys received by the department in
 36 14 accordance with the provisions of this subsection shall remain
 36 15 available for the purposes designated until June 30, 2001,
 36 16 notwithstanding section 8.33.
 36 17    13.  In addition to the report for group foster care
 36 18 placements, the department shall continue to report quarterly
 36 19 to the legislative fiscal bureau concerning the status of each
 36 20 region's funding expenditures compared with allocations in the
 36 21 regional plan for services provided under this section.
 36 22    14.  The department and juvenile court services shall
 36 23 continue to develop criteria for the department regional
 36 24 administrator and chief juvenile court officer to grant
 36 25 exceptions to extend eligibility, within the funds allocated,
 36 26 for intensive tracking and supervision and for supervised
 36 27 community treatment to delinquent youth beyond age 18 who are
 36 28 subject to release from the state training school, a highly
 36 29 structured juvenile program, or group care.  The department
 36 30 shall report the number of such exceptions granted and the
 36 31 related expenditures to the joint appropriations subcommittee
 36 32 on human services on or before January 1, 2000.
 36 33    15.  Of the moneys appropriated in this section, not more
 36 34 than $565,859 is allocated to provide clinical assessment
 36 35 services as necessary to continue funding of children's
 37  1 rehabilitation services under medical assistance in accordance
 37  2 with federal law and requirements.  The funding allocated is
 37  3 the amount projected to be necessary for providing the
 37  4 clinical assessment services.
 37  5    16.  Of the funding appropriated in this section,
 37  6 $3,696,286 shall be used for protective child day care
 37  7 assistance.
 37  8    17.  Of the moneys appropriated in this section, up to
 37  9 $3,290,000 is allocated for the payment of the expenses of
 37 10 court-ordered services provided to juveniles which are a
 37 11 charge upon the state pursuant to section 232.141, subsection
 37 12 4.
 37 13    a.  Notwithstanding section 232.141 or any other provision
 37 14 of law, the amount allocated in this subsection shall be
 37 15 distributed to the judicial districts as determined by the
 37 16 state court administrator.  The state court administrator
 37 17 shall make the determination of the distribution amounts on or
 37 18 before June 15, 1999.
 37 19    b.  (1)  Each judicial district shall continue the planning
 37 20 group for the court-ordered services for juveniles provided in
 37 21 that district which was established pursuant to 1991 Iowa
 37 22 Acts, chapter 267, section 119.  A planning group shall
 37 23 continue to perform its duties as specified in that law.
 37 24 Reimbursement rates for providers of court-ordered evaluation
 37 25 and treatment services paid under section 232.141, subsection
 37 26 4, shall be negotiated with providers by each judicial
 37 27 district's planning group.
 37 28    (2)  Each district planning group shall submit an annual
 37 29 report in January to the state court administrator and the
 37 30 department of human services.  The report shall cover the
 37 31 preceding fiscal year and shall include a preliminary report
 37 32 on the current fiscal year.  The administrator and the
 37 33 department shall compile these reports and submit the reports
 37 34 to the chairpersons and ranking members of the joint
 37 35 appropriations subcommittee on human services and the
 38  1 legislative fiscal bureau.
 38  2    c.  The department of human services shall develop policies
 38  3 and procedures to ensure that the funds allocated in this
 38  4 subsection are spent only after all other reasonable actions
 38  5 have been taken to utilize other funding sources and
 38  6 community-based services.  The policies and procedures shall
 38  7 be designed to achieve the following objectives relating to
 38  8 services provided under chapter 232:
 38  9    (1)  Maximize the utilization of funds which may be
 38 10 available from the medical assistance program including usage
 38 11 of the early and periodic screening, diagnosis, and treatment
 38 12 (EPSDT) program.
 38 13    (2)  Recover payments from any third-party insurance
 38 14 carrier which is liable for coverage of the services,
 38 15 including health insurance coverage.
 38 16    (3)  Pursue development of agreements with regularly
 38 17 utilized out-of-state service providers which are intended to
 38 18 reduce per diem costs paid to those providers.
 38 19    d.  The department of human services, in consultation with
 38 20 the state court administrator and the judicial district
 38 21 planning groups, shall compile a report detailing the
 38 22 expenditure categories for the spending in the judicial
 38 23 districts for court-ordered services for juveniles in fiscal
 38 24 year 1998-1999.  The report shall include utilization of
 38 25 medical assistance funding.  The report shall be submitted on
 38 26 or before October 15, 1999, to the persons designated by this
 38 27 Act to receive reports.
 38 28    e.  Notwithstanding chapter 232 or any other provision of
 38 29 law, a district or juvenile court in a department of human
 38 30 services district shall not order any service which is a
 38 31 charge upon the state pursuant to section 232.141 if there are
 38 32 insufficient court-ordered services funds available in the
 38 33 district distribution amount to pay for the service.  The
 38 34 chief juvenile court officer shall work with the judicial
 38 35 district planning group to encourage use of the funds
 39  1 allocated in this subsection such that there are sufficient
 39  2 funds to pay for all court-related services during the entire
 39  3 year.  The eight chief juvenile court officers shall attempt
 39  4 to anticipate potential surpluses and shortfalls in the
 39  5 distribution amounts and shall cooperatively request the state
 39  6 court administrator to transfer funds between the districts'
 39  7 distribution amounts as prudent.
 39  8    f.  Notwithstanding any provision of law to the contrary, a
 39  9 district or juvenile court shall not order a county to pay for
 39 10 any service provided to a juvenile pursuant to an order
 39 11 entered under chapter 232 which is a charge upon the state
 39 12 under section 232.141, subsection 4.
 39 13    g.  Of the funding allocated in this subsection, not more
 39 14 than $100,000 may be used by the judicial branch for
 39 15 administration of the requirements under this subsection and
 39 16 for travel associated with court-ordered placements which are
 39 17 a charge upon the state pursuant to section 232.141,
 39 18 subsection 4.
 39 19    18.  The department shall evaluate the recidivism rates of
 39 20 the public and private treatment programs for juveniles, and
 39 21 shall submit an annual report of the evaluation, by December
 39 22 15, 1999, to the persons designated in this Act for receipt of
 39 23 reports.
 39 24    19.  Of the funding appropriated in this section,
 39 25 $3,458,000 is allocated to provide school-based supervision of
 39 26 children adjudicated under chapter 232, including not more
 39 27 than $580,000 from the allocation in this section for court-
 39 28 ordered services.  Not more than $15,000 of the funding
 39 29 allocated in this subsection may be used for the purpose of
 39 30 training.
 39 31    To the extent possible, the personnel providing school-
 39 32 based services shall be prepared with training or experience
 39 33 relating to gender-specific programming to best intervene with
 39 34 youth at risk of being found delinquent or determined to be a
 39 35 child in need of assistance.
 40  1    20.  a.  As determined by the department of management, a
 40  2 necessary amount of the balance of moneys received by the
 40  3 department for the fiscal year beginning July 1, 1999, from
 40  4 the federal government, for the supplemental disproportionate
 40  5 share and supplemental indirect medical education adjustment
 40  6 applicable to state-owned acute care hospitals with more than
 40  7 500 beds, that were transferred by such a hospital and
 40  8 deposited with the appropriation in this Act for medical
 40  9 assistance which are in excess of the state share for medical
 40 10 assistance, shall not be credited to the general fund of the
 40 11 state but instead shall be credited to the appropriation made
 40 12 in this section for use only as provided in this subsection.
 40 13    b.  The moneys credited to this appropriation shall be used
 40 14 if there is any reduction in the federal financial
 40 15 participation amount for rehabilitation treatment services
 40 16 from the amount projected by the department in creating its
 40 17 budget.
 40 18    c.  Upon the approval of the director of the department of
 40 19 management, up to an additional $550,000 of the transferred
 40 20 moneys may be credited to the appropriation in this section to
 40 21 implement the recommendations of the legislative council's
 40 22 child welfare services work group that are approved by the
 40 23 director of human services.  If approved by the director, the
 40 24 recommendations to be implemented shall include but are not
 40 25 limited to securing additional federal financial participation
 40 26 under Title IV-E of the federal Social Security Act, and
 40 27 developing an outcome-based data management system.  The
 40 28 department shall seek to obtain additional federal financial
 40 29 participation under Titles XIX and IV-E of the federal Social
 40 30 Security Act for activities eligible to draw federal funding
 40 31 and shall coordinate with the work group in implementing this
 40 32 and other recommendations of the work group.
 40 33    d.  Of the moneys appropriated in this section, up to
 40 34 $50,000 may be used to support the child welfare services work
 40 35 group.
 41  1    21.  Of the funds appropriated in this section, $450,000
 41  2 shall be used to provide day treatment and aftercare services
 41  3 to juvenile females based upon a total of 100 slots, with an
 41  4 average cost of $41 per day, for the school year and summer
 41  5 school period.
 41  6    22.  The department shall maximize the capacity to draw
 41  7 federal funding under Title IV-E of the federal Social
 41  8 Security Act and shall submit a quarterly report regarding
 41  9 such maximization to the legislative fiscal bureau, commencing
 41 10 with a report of the quarter beginning July 1, 1999.
 41 11    Sec. 16.  CONNER DECREE.  There is appropriated from the
 41 12 general fund of the state to the department of human services
 41 13 for the fiscal year beginning July 1, 1999, and ending June
 41 14 30, 2000, the following amount, or so much thereof as is
 41 15 necessary, to be used for the purpose designated:
 41 16    For providing training in accordance with the consent
 41 17 decree of Conner v. Branstad, No. 4-86-CU-30871(S.D. Iowa,
 41 18 July 14, 1994):  
 41 19 .................................................. $     46,000
 41 20    Sec. 17.  COMMUNITY-BASED PROGRAMS – ADOLESCENT PREGNANCY
 41 21 PREVENTION.  There is appropriated from the general fund of
 41 22 the state to the department of human services for the fiscal
 41 23 year beginning July 1, 1999, and ending June 30, 2000, the
 41 24 following amount, or so much thereof as is necessary, to be
 41 25 used for the purpose designated:
 41 26    For community-based programs, on the condition that family
 41 27 planning services are funded, including salaries, support,
 41 28 maintenance, and miscellaneous purposes and for not more than
 41 29 the following full-time equivalent positions:  
 41 30 .................................................. $  1,009,000
 41 31 ............................................... FTEs       1.00
 41 32    1.  Funds appropriated in this section shall be used to
 41 33 provide adolescent pregnancy prevention grants which comply
 41 34 with the requirements provided in 1997 Iowa Acts, chapter 208,
 41 35 section 14, subsections 1 and 2, and shall emphasize programs
 42  1 which target the middle school level.
 42  2    2.  It is the intent of the general assembly that the
 42  3 department of human services and the Iowa department of public
 42  4 health shall continue to identify existing abstinence
 42  5 education or community-based programs which comply with the
 42  6 requirements established in section 912, subchapter V, of the
 42  7 federal Social Security Act, as codified in 42 U.S.C. } 701 et
 42  8 seq. for the matching of federal funds.
 42  9    3.  Funds appropriated in this section, shall also be used
 42 10 by the department to provide child abuse prevention grants.
 42 11    Sec. 18.  MENTAL HEALTH INSTITUTES.  There is appropriated
 42 12 from the general fund of the state to the department of human
 42 13 services for the fiscal year beginning July 1, 1999, and
 42 14 ending June 30, 2000, the following amount, or so much thereof
 42 15 as is necessary, to be used for the purposes designated:
 42 16    For the state mental health institutes, for salaries,
 42 17 support, maintenance, and miscellaneous purposes and for not
 42 18 more than the following full-time equivalent positions:  
 42 19 .................................................. $ 42,740,000
 42 20 ............................................... FTEs     856.39
 42 21    1.  The funds appropriated and full-time equivalent
 42 22 positions authorized in this section are allocated as follows:
 42 23    a.  State mental health institute at Cherokee:  
 42 24 .................................................. $ 12,580,000
 42 25 ............................................... FTEs     249.24
 42 26    The amount allocated in this subsection is sufficient for
 42 27 the mental health institute to make budget adjustments in
 42 28 order to continue funding of the inmate labor program and the
 42 29 work services center contract, and to retain the nurse
 42 30 positions that were in the final hiring stage in the spring of
 42 31 1999 and other permanent positions.  
 42 32    b.  State mental health institute at Clarinda:  
 42 33 .................................................. $  7,010,000
 42 34 ............................................... FTEs     138.59
 42 35    c.  State mental health institute at Independence:  
 43  1 .................................................. $ 17,710,000
 43  2 ............................................... FTEs     358.73
 43  3    The state mental health institute at Independence shall
 43  4 continue the 30 psychiatric medical institution for children
 43  5 (PMIC) beds authorized in section 135H.6, in a manner which
 43  6 results in no net state expenditure amount in excess of the
 43  7 amount allocated in this lettered paragraph.  Counties are not
 43  8 responsible for the costs of PMIC services described in this
 43  9 subparagraph.  Subject to the approval of the department, with
 43 10 the exception of revenues required under section 249A.11 to be
 43 11 deposited in the appropriation in this Act for medical
 43 12 assistance, revenues attributable to the PMIC beds established
 43 13 under this subparagraph for the fiscal year beginning July 1,
 43 14 1999, and ending June 30, 2000, shall be deposited in the
 43 15 institute's account, including but not limited to any of the
 43 16 following revenues:
 43 17    (1)  The federal share of medical assistance revenue
 43 18 received under chapter 249A.
 43 19    (2)  Moneys received through client participation.
 43 20    (3)  Any other revenues directly attributable to the PMIC
 43 21 beds.
 43 22    d.  State mental health institute at Mount Pleasant:  
 43 23 .................................................. $  5,440,000
 43 24 ............................................... FTEs     109.83
 43 25    (1)  Funding is provided in this lettered paragraph for the
 43 26 mental health institute at Mount Pleasant to continue the dual
 43 27 diagnosis mental health and substance abuse program on a net
 43 28 budgeting basis in which 50 percent of the actual per diem and
 43 29 ancillary services costs are chargeable to the patient's
 43 30 county of legal settlement or as a state case, as appropriate.
 43 31 Subject to the approval of the department, revenues
 43 32 attributable to the dual diagnosis program for the fiscal year
 43 33 beginning July 1, 1999, and ending June 30, 2000, shall be
 43 34 deposited in the institute's account, including but not
 43 35 limited to all of the following revenues:
 44  1    (a)  Moneys received by the state from billings to counties
 44  2 under section 230.20.
 44  3    (b)  Moneys received from billings to the Medicare program.
 44  4    (c)  Moneys received from a managed care contractor
 44  5 providing services under contract with the department or any
 44  6 private third party payer.
 44  7    (d)  Moneys received through client participation.
 44  8    (e)  Any other revenues directly attributable to the dual
 44  9 diagnosis program.
 44 10    (2)  The following additional provisions are applicable in
 44 11 regard to the dual diagnosis program:
 44 12    (a)  A county may split the charges between the county's
 44 13 mental health, mental retardation, and developmental
 44 14 disabilities services fund and the county's budget for
 44 15 substance abuse expenditures.
 44 16    (b)  If an individual is committed to the custody of the
 44 17 department of corrections at the time the individual is
 44 18 referred for dual diagnosis treatment, the department of
 44 19 corrections shall be charged for the costs of treatment.
 44 20    (c)  Prior to an individual's voluntary admission for dual
 44 21 diagnosis treatment, the individual shall have been screened
 44 22 through a county's single entry point process to determine the
 44 23 appropriateness of the treatment.
 44 24    (d)  A county shall not be chargeable for the costs of
 44 25 treatment for an individual enrolled in and authorized by or
 44 26 decertified by a managed behavioral care plan under the
 44 27 medical assistance program.
 44 28    (3)  The department of human services, in cooperation with
 44 29 the department of corrections, shall develop a proposal to
 44 30 provide the option of treatment at the mental health institute
 44 31 at Mount Pleasant or another existing state-owned facility
 44 32 rather than incarceration of an individual who is convicted of
 44 33 use of methamphetamine.  The proposal shall identify a payment
 44 34 source other than counties for such treatment.  The
 44 35 departments shall submit a report which includes the proposal
 45  1 and any findings or recommendations to the persons designated
 45  2 by this Act to receive reports on or before December 15, 1999.
 45  3    2.  Within the funds appropriated in this section, the
 45  4 department may reallocate funds as necessary to best fulfill
 45  5 the needs of the institutions provided for in the
 45  6 appropriation.
 45  7    3.  As part of the discharge planning process at the state
 45  8 mental health institutes, the department shall provide
 45  9 assistance in obtaining eligibility for federal supplemental
 45 10 security income (SSI) to those individuals whose care at a
 45 11 state mental health institute is the financial responsibility
 45 12 of the state.
 45 13    4.  Each state mental health institute shall continue the
 45 14 net budgeting accounting test of managing revenues and
 45 15 expenditures attributable to the mental health institute in a
 45 16 manner that permits the net state expenditure amount to be
 45 17 determined.  Each mental health institute shall submit a
 45 18 status report in October 1999 to the governor and to the
 45 19 persons required to be submitted reports by this Act.  The
 45 20 status report shall identify advantages and disadvantages of
 45 21 utilizing the net budgeting approach and any changes in policy
 45 22 or statute recommended to improve implementation of the
 45 23 approach.
 45 24    Sec. 19.  HOSPITAL-SCHOOLS.  There is appropriated from the
 45 25 general fund of the state to the department of human services
 45 26 for the fiscal year beginning July 1, 1999, and ending June
 45 27 30, 2000, the following amount, or so much thereof as is
 45 28 necessary, to be used for the purposes designated:
 45 29    For the state hospital-schools, for salaries, support,
 45 30 maintenance, and miscellaneous purposes and for not more than
 45 31 the following full-time equivalent positions:  
 45 32 .................................................. $  4,549,284
 45 33 ............................................... FTEs   1,554.51
 45 34    1.  The funds appropriated and full-time equivalent
 45 35 positions authorized in this section are allocated as follows:
 46  1    a.  State hospital-school at Glenwood:  
 46  2 .................................................. $  2,783,504
 46  3 ............................................... FTEs     877.75
 46  4    b.  State hospital-school at Woodward:  
 46  5 .................................................. $  1,765,780
 46  6 ............................................... FTEs     676.76
 46  7    2.  a.  The department shall continue operating the
 46  8 hospital-schools at Glenwood and Woodward with a net general
 46  9 fund appropriation.  The amounts allocated in this section are
 46 10 the net amounts of state moneys projected to be needed for the
 46 11 state hospital-schools.  The purposes of operating with a net
 46 12 general fund appropriation are to encourage the hospital-
 46 13 schools to operate with increased self-sufficiency, to improve
 46 14 quality and efficiency, and to support collaborative efforts
 46 15 between the hospital-schools and counties and other funders of
 46 16 services available from the hospital-schools.  The hospital-
 46 17 schools shall not be operated under the net appropriation in a
 46 18 manner which results in a cost increase to the state or cost
 46 19 shifting between the state, the medical assistance program,
 46 20 counties, or other sources of funding for the state hospital-
 46 21 schools.  Moneys allocated in subsection 1 may be used
 46 22 throughout the fiscal year in the manner necessary for
 46 23 purposes of cash flow management, and for purposes of cash
 46 24 flow management the hospital-schools may temporarily draw more
 46 25 than the amount allocated, provided the amount allocated is
 46 26 not exceeded at the close of the fiscal year.
 46 27    b.  For purposes of calculating the hospital-schools'
 46 28 August 31, 2000, year-end balance at the close of the 1999-
 46 29 2000 fiscal year, the department shall include county
 46 30 receivables billed but not yet received.  However, only
 46 31 receipts received within 120 days of being billed for fiscal
 46 32 year 1999-2000 services shall be included.  The state
 46 33 hospital-schools may draw upon the general fund of the state
 46 34 in an amount equal to the receivables amount which is not
 46 35 received.
 47  1    c.  Subject to the approval of the department, except for
 47  2 revenues under section 249A.11, revenues attributable to the
 47  3 state hospital-schools for the fiscal year beginning July 1,
 47  4 1999, shall be deposited into each hospital-school's account,
 47  5 including but not limited to all of the following:
 47  6    (1)  Moneys received by the state from billings to counties
 47  7 under section 222.73.
 47  8    (2)  The federal share of medical assistance revenue
 47  9 received under chapter 249A.
 47 10    (3)  Federal Medicare program payments.
 47 11    (4)  Moneys received from client financial participation.
 47 12    (5)  Other revenues generated from current, new, or
 47 13 expanded services which the state hospital-school is
 47 14 authorized to provide.
 47 15    d.  In the 1999-2000 fiscal year, a hospital-school's
 47 16 report shall include a listing detailing the items for which
 47 17 depreciation reimbursement funds would have been utilized if
 47 18 the depreciation reimbursement had been retained by the
 47 19 institution.  This listing shall be included with the report
 47 20 submitted pursuant to this subsection.
 47 21    e.  For the purposes of allocating the salary adjustment
 47 22 fund moneys appropriated in another Act, the state hospital-
 47 23 schools shall be considered to be funded entirely with state
 47 24 moneys.
 47 25    f.  Notwithstanding section 8.33, up to $500,000 of a state
 47 26 hospital-school's revenues that remain unencumbered or
 47 27 unobligated at the close of the fiscal year shall not revert
 47 28 but shall remain available to be used in the succeeding fiscal
 47 29 year.
 47 30    g.  Each state hospital-school and the department shall
 47 31 submit a status report in October 1999 to the governor and the
 47 32 joint appropriations subcommittee on human services.
 47 33    3.  Within the funds appropriated in this section, the
 47 34 department may reallocate funds as necessary to best fulfill
 47 35 the needs of the institutions provided for in the
 48  1 appropriation.
 48  2    4.  The department may continue to bill for state hospital-
 48  3 school services utilizing a scope of services approach used
 48  4 for private providers of ICFMR services, in a manner which
 48  5 does not shift costs between the medical assistance program,
 48  6 counties, or other sources of funding for the state hospital-
 48  7 schools.
 48  8    5.  The state hospital-schools may expand the time limited
 48  9 assessment and respite services during the fiscal year.
 48 10    During the fiscal year beginning July 1, 1999, the state
 48 11 hospital-school at Glenwood shall unbundle pharmaceutical
 48 12 costs from the per diem charges for services at the hospital-
 48 13 school.  County billings under section 222.73 shall be reduced
 48 14 in an amount equivalent to pharmaceutical costs separately
 48 15 charged to medical assistance as a result of the unbundling.
 48 16    6.  Notwithstanding section 8.33, up to $500,000 of a state
 48 17 hospital-school's revenues generated by and moneys
 48 18 appropriated to a state hospital-school pursuant to 1998 Iowa
 48 19 Acts, chapter 1218, section 20, that remain unencumbered or
 48 20 unobligated at the close of the fiscal year, shall not revert
 48 21 to any fund but shall remain available for expenditure by the
 48 22 state hospital-school in the succeeding fiscal year.
 48 23    Sec. 20.  MENTAL ILLNESS SPECIAL SERVICES.  There is
 48 24 appropriated from the general fund of the state to the
 48 25 department of human services for the fiscal year beginning
 48 26 July 1, 1999, and ending June 30, 2000, the following amount,
 48 27 or so much thereof as is necessary, to be used for the purpose
 48 28 designated:
 48 29    For mental illness special services:  
 48 30 .................................................. $    121,220
 48 31    1.  The department and the Iowa finance authority shall
 48 32 continue the financing for existing community-based facilities
 48 33 and the financing for the development of affordable community-
 48 34 based housing facilities.  The department shall assure that
 48 35 clients are referred to the housing as it is developed.
 49  1    2.  The funds appropriated in this section are to provide
 49  2 funds for construction and start-up costs to develop community
 49  3 living arrangements to provide for persons with mental illness
 49  4 who are homeless.  These funds may be used to match federal
 49  5 Stewart B. McKinney Homeless Assistance Act grant funds.
 49  6    Sec. 21.  FAMILY SUPPORT SUBSIDY PROGRAM.  There is
 49  7 appropriated from the general fund of the state to the
 49  8 department of human services for the fiscal year beginning
 49  9 July 1, 1999, and ending June 30, 2000, the following amount,
 49 10 or so much thereof as is necessary, to be used by the division
 49 11 of children and family services for the purpose designated:
 49 12    For the family support subsidy program:  
 49 13 .................................................. $  1,787,000
 49 14    The department may use up to $267,000 of the moneys
 49 15 appropriated in this section to continue the children-at-home
 49 16 program in current counties and to expand to two new counties,
 49 17 of which not more than $20,000 shall be used for
 49 18 administrative costs.
 49 19    Sec. 22.  SPECIAL NEEDS GRANTS.  There is appropriated from
 49 20 the general fund of the state to the department of human
 49 21 services for the fiscal year beginning July 1, 1999, and
 49 22 ending June 30, 2000, the following amount, or so much thereof
 49 23 as is necessary, to be used for the purpose designated:
 49 24    To provide special needs grants to families with a family
 49 25 member at home who has a developmental disability or to a
 49 26 person with a developmental disability:  
 49 27 .................................................. $     53,212
 49 28    Grants must be used by a family to defray special costs of
 49 29 caring for the family member to prevent out-of-home placement
 49 30 of the family member or to provide for independent living
 49 31 costs.  The grants may be administered by a private nonprofit
 49 32 agency which serves people statewide provided that no
 49 33 administrative costs are received by the agency.  Regular
 49 34 reports regarding the special needs grants with the family
 49 35 support subsidy program and an annual report concerning the
 50  1 characteristics of the grantees shall be provided to the
 50  2 legislative fiscal bureau.
 50  3    The department shall issue a request for proposals for
 50  4 developmental disabilities basic support and advocacy grants.
 50  5    Sec. 23.  MI/MR/DD STATE CASES.  There is appropriated from
 50  6 the general fund of the state to the department of human
 50  7 services for the fiscal year beginning July 1, 1999, and
 50  8 ending June 30, 2000, the following amount, or so much thereof
 50  9 as is necessary, to be used for the purpose designated:
 50 10    For purchase of local services for persons with mental
 50 11 illness, mental retardation, and developmental disabilities
 50 12 where the client has no established county of legal
 50 13 settlement:  
 50 14 .................................................. $ 10,090,000
 50 15    1.  If a county has a county management plan which is
 50 16 approved by the director of human services pursuant to section
 50 17 331.439, the services paid for under this section are exempt
 50 18 from the department's purchase of service system requirements.
 50 19 The department shall adopt rules to implement the provisions
 50 20 of this paragraph.
 50 21    2.  Of the moneys appropriated in this section, up to
 50 22 $174,000 is allocated for the costs of the reimbursement
 50 23 increase provided in the reimbursement section of this Act for
 50 24 sheltered work, work activity, supported employment, supported
 50 25 work training, supported community living services, and adult
 50 26 residential services paid by the state or county under a state
 50 27 or county purchase of social services contract.
 50 28    Sec. 24.  REIMBURSEMENT – SOCIAL SERVICES.  There is
 50 29 appropriated from the general fund of the state to the
 50 30 department of human services for the fiscal year beginning
 50 31 July 1, 1999, and ending June 30, 2000, the following amount,
 50 32 or so much thereof as is necessary, to be used for the
 50 33 purposes designated:
 50 34    For the costs of a reimbursement increase in accordance
 50 35 with this section for sheltered work, work activity, supported
 51  1 employment, job placement, enclave, adult day care,
 51  2 transportation, community supervised apartment living
 51  3 arrangements, and adult residential services paid by a county
 51  4 under a state purchase of service (POS) or county contract:  
 51  5 .................................................. $  2,000,000
 51  6    1.  A fiscal year 1997-1998 spending amount for the POS or
 51  7 county contract services designated above shall be determined
 51  8 for each county by identifying the amount expended for the
 51  9 services for fiscal year 1997-1998 in the county's expenditure
 51 10 report submitted by December 1, 1998, pursuant to section
 51 11 331.439, subsection 1, paragraph "a".  The individual county
 51 12 spending amounts shall be combined by the department to
 51 13 identify a statewide spending amount.  The moneys appropriated
 51 14 in this section shall be distributed to counties based on a
 51 15 county's proportion of the statewide spending amount.
 51 16    2.  A county shall utilize the distributed moneys to
 51 17 increase reimbursement of those POS or county contract
 51 18 providers whose reimbursement is below the provider's cost or
 51 19 who utilize the reimbursement increase to enhance service
 51 20 staff compensation.  A county shall include a progress report
 51 21 describing the county's usage of the distributed moneys as an
 51 22 addendum to the county's expenditure report submitted by
 51 23 December 1, 1999, pursuant to section 331.439, subsection 1,
 51 24 paragraph "a", and a final report describing the usage as an
 51 25 addendum to the expenditure report submitted by December 1,
 51 26 2000.  It is the intent of the general assembly that any
 51 27 amount that is not utilized for the required purposes shall be
 51 28 recovered in the fiscal year beginning July 1, 2000, by
 51 29 reducing the county's social services block grant local
 51 30 purchase allocation in an equivalent amount.
 51 31    Sec. 25.  MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES –
 51 32 COMMUNITY SERVICES FUND.  There is appropriated from the
 51 33 general fund of the state to the mental health and
 51 34 developmental disabilities community services fund created in
 51 35 section 225C.7 for the fiscal year beginning July 1, 1999, and
 52  1 ending June 30, 2000, the following amount, or so much thereof
 52  2 as is necessary, to be used for the purpose designated:
 52  3    For mental health and developmental disabilities community
 52  4 services in accordance with this Act:  
 52  5 ................................................. $ 17,560,000
 52  6    1.  Of the funds appropriated in this section, $17,530,000
 52  7 shall be allocated to counties for funding of community-based
 52  8 mental health and developmental disabilities services.  The
 52  9 moneys shall be allocated to a county as follows:
 52 10    a.  Fifty percent based upon the county's proportion of the
 52 11 state's population of persons with an annual income which is
 52 12 equal to or less than the poverty guideline established by the
 52 13 federal office of management and budget.
 52 14    b.  Fifty percent based upon the county's proportion of the
 52 15 state's general population.
 52 16    2.  a.  A county shall utilize the funding the county
 52 17 receives pursuant to subsection 1 for services provided to
 52 18 persons with a disability, as defined in section 225C.2.
 52 19 However, no more than 50 percent of the funding shall be used
 52 20 for services provided to any one of the service populations.
 52 21    b.  A county shall use at least 50 percent of the funding
 52 22 the county receives under subsection 1 for contemporary
 52 23 services provided to persons with a disability, as described
 52 24 in rules adopted by the department.
 52 25    3.  Of the funds appropriated in this section, $30,000
 52 26 shall be used to support the Iowa compass program providing
 52 27 computerized information and referral services for Iowans with
 52 28 disabilities and their families.
 52 29    4.  a.  Funding appropriated for purposes of the federal
 52 30 social services block grant is allocated for distribution to
 52 31 counties for local purchase of services for persons with
 52 32 mental illness or mental retardation or other developmental
 52 33 disability.
 52 34    b.  The funds allocated in this subsection shall be
 52 35 expended by counties in accordance with the county's approved
 53  1 county management plan.  A county without an approved county
 53  2 management plan shall not receive allocated funds until the
 53  3 county's management plan is approved.
 53  4    c.  The funds provided by this subsection shall be
 53  5 allocated to each county as follows:
 53  6    (1)  Fifty percent based upon the county's proportion of
 53  7 the state's population of persons with an annual income which
 53  8 is equal to or less than the poverty guideline established by
 53  9 the federal office of management and budget.
 53 10    (2)  Fifty percent based upon the amount provided to the
 53 11 county for local purchase of services in the preceding fiscal
 53 12 year.
 53 13    5.  A county is eligible for funds under this section if
 53 14 the county qualifies for a state payment as described in
 53 15 section 331.439.
 53 16    Sec. 26.  PERSONAL ASSISTANCE.  There is appropriated from
 53 17 the general fund of the state to the department of human
 53 18 services for the fiscal year beginning July 1, 1999, and
 53 19 ending June 30, 2000, the following amount, or so much thereof
 53 20 as is necessary, to be used for the purpose designated:
 53 21    For continuation of a pilot project for the personal
 53 22 assistance services program in accordance with this section:  
 53 23 .................................................. $    364,000
 53 24    1.  The funds appropriated in this section shall be used to
 53 25 continue the pilot project for the personal assistance
 53 26 services program under section 225C.46 in an urban and a rural
 53 27 area.  Not more than $36,400 shall be used for administrative
 53 28 costs.  The pilot project and any federal home and community-
 53 29 based waiver developed under the medical assistance program
 53 30 shall not be implemented in a manner which would require
 53 31 additional county or state costs for assistance provided to an
 53 32 individual served under the pilot project or the waiver.
 53 33    2.  It is the intent of the general assembly that for any
 53 34 new applicants for personal assistance, priority shall be
 53 35 given to providing assistance to individuals for education,
 54  1 job training, and other forms of employment support.  It is
 54  2 also the intent of the general assembly that if other programs
 54  3 become available which provide similar services, current
 54  4 recipients of personal assistance for whom these similar
 54  5 services are appropriate shall be assisted in attaining
 54  6 eligibility for these programs.
 54  7    3.  Notwithstanding section 8.33, moneys appropriated in
 54  8 this section that remain unencumbered or unobligated at the
 54  9 close of the fiscal year shall not revert but shall remain
 54 10 available to provide personal assistance payments until the
 54 11 close of the succeeding fiscal year.
 54 12    Sec. 27.  FIELD OPERATIONS.  There is appropriated from the
 54 13 general fund of the state to the department of human services
 54 14 for the fiscal year beginning July 1, 1999, and ending June
 54 15 30, 2000, the following amount, or so much thereof as is
 54 16 necessary, to be used for the purpose designated:
 54 17    For field operations, including salaries, support,
 54 18 maintenance, and miscellaneous purposes and for not more than
 54 19 the following full-time equivalent positions:  
 54 20 .................................................. $ 49,160,000
 54 21 ............................................... FTEs   2,071.00
 54 22    If a resignation, retirement, or dismissal reducing the
 54 23 number of full-time equivalent positions responsible for
 54 24 mental health or mental retardation services in a local office
 54 25 of the department causes the county to which the local office
 54 26 is assigned to assume responsibilities previously performed by
 54 27 the department's positions, the department shall reimburse the
 54 28 county for the increase in costs connected with the
 54 29 responsibilities assumed.
 54 30    Sec. 28.  GENERAL ADMINISTRATION.  There is appropriated
 54 31 from the general fund of the state to the department of human
 54 32 services for the fiscal year beginning July 1, 1999, and
 54 33 ending June 30, 2000, the following amount, or so much thereof
 54 34 as is necessary, to be used for the purpose designated:
 54 35    For general administration, including salaries, support,
 55  1 maintenance, and miscellaneous purposes and for not more than
 55  2 the following full-time equivalent positions:  
 55  3 .................................................. $ 14,032,000
 55  4 ............................................... FTEs     366.00
 55  5    1.  Of the funds appropriated in this section, $57,000 is
 55  6 allocated for the prevention of disabilities policy council
 55  7 established in section 225B.3.
 55  8    2.  Of the funds appropriated in this section, $129,971 for
 55  9 the fiscal year beginning July 1, 1999, shall be transferred
 55 10 to the state university of Iowa for the university-affiliated
 55 11 program for the support of Iowa creative employment options
 55 12 (CEO).
 55 13    3.  If an expenditure reduction or other cost-saving
 55 14 measure is deemed necessary to maintain expenditures within
 55 15 the amount appropriated to the department in this section, the
 55 16 department shall not implement the reduction or other measure
 55 17 in a manner which reduces service funding for disability
 55 18 rehabilitation programs, including but not limited to,
 55 19 statewide supported employment programs.
 55 20    4.  Moneys appropriated in this section and in the
 55 21 appropriation for field services that are budgeted for
 55 22 employee salaries and associated benefit costs shall not be
 55 23 obligated or encumbered for any other purpose.
 55 24    5.  The department shall submit a quarterly report,
 55 25 commencing with the quarter beginning July 1, 1999, to the
 55 26 legislative fiscal bureau specifying the number and type of
 55 27 full-time equivalent positions in the department that are
 55 28 funded but vacant.
 55 29    Sec. 29.  VOLUNTEERS.  There is appropriated from the
 55 30 general fund of the state to the department of human services
 55 31 for the fiscal year beginning July 1, 1999, and ending June
 55 32 30, 2000, the following amount, or so much thereof as is
 55 33 necessary, to be used for the purpose designated:
 55 34    For development and coordination of volunteer services:  
 55 35 .................................................. $    118,500
 56  1    Sec. 30.  SEXUALLY VIOLENT PREDATORS.  There is
 56  2 appropriated from the general fund of the state to the
 56  3 department of human services for the fiscal year beginning
 56  4 July 1, 1999, and ending June 30, 2000, the following amount,
 56  5 or so much thereof as is necessary, to be used for the purpose
 56  6 designated:
 56  7    For costs associated with the commitment and treatment of
 56  8 sexually violent predators including costs of legal services
 56  9 and other associated costs, including salaries, support,
 56 10 maintenance, and miscellaneous purposes and for not more than
 56 11 the following full-time equivalent positions:  
 56 12 .................................................. $  1,531,000
 56 13 ............................................... FTEs      20.00
 56 14    Sec. 31.  SEXUALLY VIOLENT PREDATORS – FY 1998-1999.
 56 15 There is appropriated from the general fund of the state to
 56 16 the department of human services for the fiscal year beginning
 56 17 July 1, 1998, and ending June 30, 1999, to supplement the
 56 18 appropriation made in 1998 Iowa Acts, chapter 1218, section
 56 19 31, the following amount, or so much thereof as is necessary,
 56 20 to be used for the purposes designated:
 56 21    For costs associated with the commitment and treatment of
 56 22 sexually violent predators and for salaries and support for
 56 23 not more than the following full-time equivalent positions:  
 56 24 ................................................. $     115,023
 56 25 .............................................. FTEs        6.63
 56 26    Notwithstanding section 8.62 or any other provision of law
 56 27 to the contrary, moneys appropriated in this section that
 56 28 remain unencumbered or unobligated at the close of the fiscal
 56 29 year shall revert in accordance with section 8.33.  
 56 30    Sec. 32.  REACTIVE ATTACHMENT DISORDER – TRAINING.  There
 56 31 is appropriated from the general fund of the state to the
 56 32 department of human services for the fiscal year beginning
 56 33 July 1, 1999, and ending June 30, 2000, the following amount,
 56 34 or so much thereof as is necessary, to develop a reactive
 56 35 attachment disorder training program for implementation by
 57  1 July 1, 2000:  
 57  2 .................................................. $     60,000
 57  3    The purpose of the program is to provide training and
 57  4 education to therapists and others who provide services
 57  5 through the department to children with reactive attachment
 57  6 disorder.  The department shall consult with persons familiar
 57  7 with such training which includes clinically accepted
 57  8 techniques in the development of the training and education.
 57  9 Notwithstanding section 8.33, moneys appropriated in this
 57 10 section that remain unencumbered or unobligated at the close
 57 11 of the fiscal year shall not revert but shall remain available
 57 12 for expenditure for the purposes designated until the close of
 57 13 the succeeding fiscal year.  For the purposes of this section,
 57 14 "reactive attachment disorder" means a disorder resulting from
 57 15 the lack of reasonable care and nurturance, usually in the
 57 16 early years of life, which results in the inability to
 57 17 establish normal, stable attachments to caregivers and others.  
 57 18    Sec. 33.  MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
 57 19 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
 57 20 DEPARTMENT OF HUMAN SERVICES.
 57 21    1.  a.  For the fiscal year beginning July 1, 1999, the
 57 22 rate for skilled nursing facilities shall be increased by 2
 57 23 percent over the rates in effect on June 30, 1999.
 57 24    b.  For the fiscal year beginning July 1, 1999, the
 57 25 dispensing fee for pharmacists shall be increased by 2 percent
 57 26 over the rate in effect on June 30, 1999.  The reimbursement
 57 27 policy for drug product costs shall be in accordance with
 57 28 federal requirements.
 57 29    c.  For the fiscal year beginning July 1, 1999,
 57 30 reimbursement rates for inpatient and outpatient hospital
 57 31 services shall be increased by 2 percent over the rates in
 57 32 effect on June 30, 1999.  The department shall continue the
 57 33 outpatient hospital reimbursement system based upon ambulatory
 57 34 patient groups implemented pursuant to 1994 Iowa Acts, chapter
 57 35 1186, section 25, subsection 1, paragraph "f".  In addition,
 58  1 the department shall continue the revised medical assistance
 58  2 payment policy implemented pursuant to that paragraph to
 58  3 provide reimbursement for costs of screening and treatment
 58  4 provided in the hospital emergency room if made pursuant to
 58  5 the prospective payment methodology developed by the
 58  6 department for the payment of outpatient services provided
 58  7 under the medical assistance program.
 58  8    d.  Reimbursement rates for rural health clinics, hospices,
 58  9 and acute mental hospitals shall be increased in accordance
 58 10 with increases under the federal Medicare program or as
 58 11 supported by their Medicare audited costs.
 58 12    e.  Reimbursement rates for home health agencies shall be
 58 13 limited to a 2 percent increase over the rate in effect on
 58 14 June 30, 1999.
 58 15    f.  Federally qualified health centers shall receive cost-
 58 16 based reimbursement for 100 percent of the reasonable costs
 58 17 for the provision of services to recipients of medical
 58 18 assistance.
 58 19    g.  Beginning July 1, 1999, the reimbursement for dental
 58 20 services shall be increased by 2 percent over the rates in
 58 21 effect on June 30, 1999.
 58 22    h.  Beginning July 1, 1999, the reimbursement rate for
 58 23 community mental health centers shall be increased by 5
 58 24 percent over the rates in effect on June 30, 1999.
 58 25    i.  For the fiscal year beginning July 1, 1999, unless
 58 26 otherwise specified in this Act, all noninstitutional medical
 58 27 assistance provider reimbursements shall be increased by 2
 58 28 percent over the rates in effect on June 30, 1999.
 58 29    2.  a.  The basis for establishing the maximum medical
 58 30 assistance reimbursement rate for nursing facilities shall be
 58 31 the 70th percentile of facility costs as calculated from the
 58 32 June 30, 1999, unaudited compilation of cost and statistical
 58 33 data submitted by each facility on medical assistance cost
 58 34 reports.  A facility which does not have a current cost report
 58 35 on file with the department as of June 30, 1999, shall
 59  1 continue to receive the per diem rate in effect for that
 59  2 facility on June 30, 1999, until the facility's costs are
 59  3 above that rate or until June 30, 2000, whichever is earlier.
 59  4 A facility shall submit semiannual cost reports beginning July
 59  5 1, 1999, or after, based on the closing date of the facility's
 59  6 fiscal year.
 59  7    b.  To the extent funds are available within the amount
 59  8 projected for reimbursement of nursing facilities within the
 59  9 appropriation for medical assistance in this Act for the
 59 10 fiscal year beginning July 1, 1999, and within the
 59 11 appropriation for medical assistance as a whole for the fiscal
 59 12 year beginning July 1, 1999, the department shall adjust the
 59 13 maximum medical assistance reimbursement for nursing
 59 14 facilities to the 70th percentile, as calculated from the
 59 15 December 31, 1999, unaudited compilation of cost and
 59 16 statistical data for only those nursing facilities which
 59 17 provide additional written documentation in a cost report
 59 18 which demonstrates increased expenditures for direct care in
 59 19 the form of wages during a cost reporting period in that
 59 20 fiscal year.  In order to be eligible for the increased
 59 21 reimbursement, a nursing facility must submit the cost report
 59 22 with the additional documentation by June 30, 2000.  To the
 59 23 extent possible, the additional written documentation shall be
 59 24 obtained from the expanded cost report information submitted
 59 25 by nursing facilities in accordance with paragraph "c".  Any
 59 26 adjustment shall take effect January 1, 2000.
 59 27    c.  The department of human services shall adopt emergency
 59 28 rules requiring all nursing facilities to submit a medical
 59 29 assistance cost report on or after July 1, 1999, that
 59 30 incorporates the additional documentation specified in this
 59 31 lettered paragraph.  Initially, the additional documentation
 59 32 shall provide baseline information by describing the status of
 59 33 the facility with reference to the information requested as of
 59 34 July 1, 1999, and subsequently the additional documentation
 59 35 shall describe the status of the facility for the period of
 60  1 the cost report.  The additional documentation to be
 60  2 incorporated in the cost reports shall include all of the
 60  3 following information:
 60  4    (1)  Information concerning staffing costs including the
 60  5 number of hours of care provided per resident per day on all
 60  6 of the following:  nursing services provided by registered
 60  7 nurses, licensed practical nurses, certified nurse aides,
 60  8 restorative aides, certified medication aides, and contracted
 60  9 nursing services; other care services; administrative
 60 10 functions; housekeeping and maintenance; and dietary services.
 60 11    (2)  The starting and average hourly wage for each class of
 60 12 employees.
 60 13    d.  The information submitted under paragraph "c" shall be
 60 14 compiled by the department and provided to the general
 60 15 assembly and any legislative committee designated to consider
 60 16 human services reimbursement rates and methodologies.
 60 17    3.  For the fiscal year beginning July 1, 1999, the maximum
 60 18 cost reimbursement rate for residential care facilities
 60 19 reimbursed by the department shall not be less than $23.83 per
 60 20 day for the time period of July 1, 1999, through December 31,
 60 21 1999, and shall not be less than $24.26 per day for the time
 60 22 period of January 1, 2000, through June 30, 2000.  The flat
 60 23 reimbursement rate for facilities electing not to file
 60 24 semiannual cost reports shall not be less than $17.05 per day
 60 25 for the time period of July 1, 1999, through December 31,
 60 26 1999, and shall not be less than $17.36 per day for the time
 60 27 period of January 1, 2000, through June 30, 2000.  For the
 60 28 fiscal year beginning July 1, 1999, the maximum reimbursement
 60 29 rate for providers reimbursed under the in-home health-related
 60 30 care program shall not be less than $458.20 per month for the
 60 31 time period of July 1, 1999, through December 31, 1999, and
 60 32 shall not be less than $466.49 per month for the time period
 60 33 of January 1, 2000, through June 30, 2000.
 60 34    4.  Unless otherwise directed in this section, when the
 60 35 department's reimbursement methodology for any provider
 61  1 reimbursed in accordance with this section includes an
 61  2 inflation factor, this factor shall not exceed the amount by
 61  3 which the consumer price index for all urban consumers
 61  4 increased during the calendar year ending December 31, 1998.
 61  5    5.  Notwithstanding section 234.38, in the fiscal year
 61  6 beginning July 1, 1999, the foster family basic daily
 61  7 maintenance rate and the maximum adoption subsidy rate for
 61  8 children ages 0 through 5 years shall be $13.79, the rate for
 61  9 children ages 6 through 11 years shall be $14.54, the rate for
 61 10 children ages 12 through 15 years shall be $16.28, and the
 61 11 rate for children ages 16 and older shall be $16.32.
 61 12    6.  For the fiscal year beginning July 1, 1999, the maximum
 61 13 reimbursement rates for adoption and independent living
 61 14 services shall be increased by 2 percent over the rates in
 61 15 effect on June 30, 1999.  The maximum reimbursement rates for
 61 16 other social service providers shall be the same as the rates
 61 17 in effect on June 30, 1999.  However, the rates may be
 61 18 adjusted under any of the following circumstances:
 61 19    a.  If a new service was added after June 30, 1999, the
 61 20 initial reimbursement rate for the service shall be based upon
 61 21 actual and allowable costs.
 61 22    b.  If a social service provider loses a source of income
 61 23 used to determine the reimbursement rate for the provider, the
 61 24 provider's reimbursement rate may be adjusted to reflect the
 61 25 loss of income, provided that the lost income was used to
 61 26 support actual and allowable costs of a service purchased
 61 27 under a purchase of service contract.
 61 28    c.  The department revises the reimbursement rates as part
 61 29 of the changes in the mental health and developmental
 61 30 disabilities services system initiated pursuant to 1995 Iowa
 61 31 Acts, chapter 206, and associated legislation.
 61 32    7.  The group foster care reimbursement rates paid for
 61 33 placement of children out-of-state shall be calculated
 61 34 according to the same rate-setting principles as those used
 61 35 for in-state providers unless the director determines that
 62  1 appropriate care cannot be provided within the state.  The
 62  2 payment of the daily rate shall be based on the number of days
 62  3 in the calendar month in which service is provided.
 62  4    8.  Of the moneys appropriated in this Act for child and
 62  5 family services, $2,652,296 is allocated to provide for a
 62  6 reimbursement increase to rehabilitative treatment and support
 62  7 services providers effective July 1, 1999.
 62  8    9.  For the fiscal year beginning July 1, 1999, the
 62  9 combined service and maintenance components of the
 62 10 reimbursement rate paid to a shelter care provider shall be
 62 11 based on the cost report submitted to the department.  The
 62 12 maximum reimbursement rate shall be $79.70 per day.  If the
 62 13 department would reimburse the provider at less than the
 62 14 maximum rate but the provider's cost report justifies a rate
 62 15 of at least $79.70, the department shall readjust the
 62 16 provider's reimbursement rate to the maximum reimbursement
 62 17 rate.
 62 18    10.  For the fiscal year beginning July 1, 1999, the
 62 19 department shall calculate reimbursement rates for
 62 20 intermediate care facilities for persons with mental
 62 21 retardation at the 80th percentile.
 62 22    11.  For the fiscal year beginning July 1, 1999, for child
 62 23 day care providers, the department shall set provider
 62 24 reimbursement rates based on the rate reimbursement survey
 62 25 completed in December 1996.  The department shall set rates in
 62 26 a manner so as to provide incentives for a nonregistered
 62 27 provider to become registered.
 62 28    12.  Effective July 1, 1999, the maximum reimbursement rate
 62 29 for psychiatric medical institutions for children (PMICs)
 62 30 shall be increased to $145.74 per day, based on per day rates
 62 31 for actual costs on June 30, 1999.
 62 32    13.  The department may adopt emergency rules to implement
 62 33 this section.
 62 34    Sec. 34.  STATE-COUNTY ASSISTANCE TEAM – FULL-TIME
 62 35 EQUIVALENT POSITIONS.  Of the full-time equivalent positions
 63  1 authorized in this Act for the state-county assistance team,
 63  2 1.00 FTE shall work with the state-county management
 63  3 committee, 1.00 FTE shall work with the county single entry
 63  4 point process or coordinators, and 4.00 FTEs shall provide
 63  5 technical assistance for community empowerment areas.
 63  6    Sec. 35.  MOTOR VEHICLE LICENSE REINSTATEMENT PENALTY –
 63  7 DEPOSIT AND APPROPRIATION.  Notwithstanding the deposit
 63  8 provisions of sections 321.218A and 321A.32A, moneys collected
 63  9 during the fiscal year beginning July 1, 1999, and ending June
 63 10 30, 2000, by the state department of transportation pursuant
 63 11 to those sections shall be deposited to the credit of the
 63 12 department of human services for the fiscal year beginning
 63 13 July 1, 1999, and ending June 30, 2000, and are appropriated
 63 14 as follows:
 63 15    For the establishment, improvement, operation, and
 63 16 maintenance of county or multicounty juvenile detention homes.
 63 17 Moneys appropriated in this section shall be allocated among
 63 18 eligible detention homes, prorated on the basis of an eligible
 63 19 detention home's proportion of the costs of all eligible
 63 20 detention homes in the current fiscal year.  Notwithstanding
 63 21 section 232.142, subsection 3, the financial aid payable by
 63 22 the state under that provision for the fiscal year beginning
 63 23 July 1, 1999, shall be limited to the amount appropriated in
 63 24 this subsection.
 63 25    Sec. 36.  1998 Iowa Acts, chapter 1218, section 33, is
 63 26 amended by striking the section and inserting in lieu thereof
 63 27 the following:
 63 28    SEC. 33.  DEPARTMENT OF HUMAN SERVICES – MOTOR VEHICLE
 63 29 LICENSE REINSTATEMENT PENALTY – DEPOSIT AND APPROPRIATION.
 63 30 Notwithstanding the deposit provisions of sections 321.218A
 63 31 and 321A.32A, the moneys collected during the fiscal year
 63 32 beginning July 1, 1998, and ending June 30, 1999, by the state
 63 33 department of transportation pursuant to those sections shall
 63 34 be deposited to the credit of the department of human services
 63 35 for the fiscal year beginning July 1, 1998, and ending June
 64  1 30, 1999, and are appropriated as follows:
 64  2    For the establishment, improvement, operation, and
 64  3 maintenance of county or multicounty juvenile detention homes.
 64  4    Moneys appropriated in this section shall be allocated
 64  5 among eligible detention homes, prorated on the basis of an
 64  6 eligible detention home's proportion of the costs of all
 64  7 eligible detention homes in the previous fiscal year.
 64  8 Notwithstanding section 232.142, subsection 3, the financial
 64  9 aid payable by the state under that provision for the fiscal
 64 10 year beginning July 1, 1998, shall be limited to the amount
 64 11 appropriated in this section.
 64 12    Sec. 37.  STATE INSTITUTIONS – COOPERATIVE EFFORTS.
 64 13    1.  If a state institution administered by the department
 64 14 of human services is to be closed or reduced in size, prior to
 64 15 the closing or reduction the department shall initiate and
 64 16 coordinate efforts in cooperation with the Iowa department of
 64 17 economic development to develop new jobs in the area in which
 64 18 the state institution is located.  In addition, the department
 64 19 may take other actions to utilize any closed unit or other
 64 20 facilities and services of an institution, including but not
 64 21 limited to assisting public or private organizations in
 64 22 utilizing the services and facilities.  The actions may also
 64 23 include assisting an organization with remodeling and lease
 64 24 costs by forgiving future rental or lease payments to the
 64 25 extent necessary for a period not to exceed five years.  The
 64 26 department of human services and the department of economic
 64 27 development shall submit a joint report to the chairpersons
 64 28 and ranking members of the joint appropriations subcommittee
 64 29 on human services on or before January 2, 2000, regarding any
 64 30 efforts made pursuant to this subsection.
 64 31    2.  For purposes of this section, "state institution" means
 64 32 a state mental health institute, a state hospital-school, the
 64 33 state training school, and the Iowa juvenile home under the
 64 34 authority of the department of human services listed in
 64 35 section 218.1.
 65  1    Sec. 38.  TRANSFER AUTHORITY.  Subject to the provisions of
 65  2 section 8.39, for the fiscal year beginning July 1, 1999, if
 65  3 necessary to meet federal maintenance of effort requirements
 65  4 or to transfer federal temporary assistance for needy families
 65  5 block grant funding to be used for purposes of the federal
 65  6 social services block grant, the department of human services
 65  7 may transfer between any of the appropriations made in this
 65  8 Act and appropriations in law for the federal social services
 65  9 block grant to the department for the following purposes,
 65 10 provided that the combined amount of state and federal
 65 11 temporary assistance for needy families block grant funding
 65 12 for each appropriation remains the same before and after the
 65 13 transfer:
 65 14    1.  For the family investment program.
 65 15    2.  For emergency assistance.
 65 16    3.  For child day care assistance.
 65 17    4.  For child and family services.
 65 18    5.  For field operations.
 65 19    6.  For general administration.
 65 20    7.  MH/MR/DD/BI community services (local purchase).
 65 21    This section shall not be construed to prohibit existing
 65 22 state transfer authority for other purposes.
 65 23    Sec. 39.  FRAUD AND RECOUPMENT ACTIVITIES.  During the
 65 24 fiscal year beginning July 1, 1999, notwithstanding the
 65 25 restrictions in section 239B.11, the department of human
 65 26 services may expend recovered moneys generated through fraud
 65 27 and recoupment activities for additional fraud and recoupment
 65 28 activities performed by the department of human services or
 65 29 the department of inspections and appeals, and may add not
 65 30 more than five full-time equivalent positions, in addition to
 65 31 those authorized in this Act, subject to both of the following
 65 32 conditions:
 65 33    1.  The director of human services or the director of
 65 34 inspections and appeals determines that the investment can
 65 35 reasonably be expected to increase recovery of assistance paid
 66  1 in error, due to fraudulent or nonfraudulent actions, in
 66  2 excess of the amount recovered in the fiscal year beginning
 66  3 July 1, 1997.
 66  4    2.  The amount expended for the additional fraud and
 66  5 recoupment activities shall not exceed the amount of the
 66  6 projected increase in assistance recovered.
 66  7    Sec. 40.  1998 Iowa Acts, chapter 1218, section 5,
 66  8 subsection 4, is amended to read as follows:
 66  9    4.  Of the child support collections assigned under the
 66 10 family investment program, an amount equal to the federal
 66 11 share of support collections shall be credited to the child
 66 12 support recovery appropriation.  The remainder of the assigned
 66 13 child support collections and the state share of incentives
 66 14 received by the child support recovery unit shall be credited
 66 15 to the family investment program account.  The appropriation
 66 16 in this Act from the general fund of the state to the
 66 17 department for child support recovery for the fiscal year is
 66 18 reduced by an amount equal to the state share of incentives
 66 19 received by the child support recovery unit and a like amount
 66 20 is added to the appropriation in this Act from the general
 66 21 fund of the state to the department for the family investment
 66 22 program.
 66 23    Sec. 41.  FINANCIAL ASSISTANCE SERVICES.
 66 24    1.  For purposes of this section, "financial assistance
 66 25 services" means services or other assistance provided under
 66 26 one or more of the following programs administered by the
 66 27 department of human services:  family investment program,
 66 28 PROMISE JOBS program, medical assistance program, food stamp
 66 29 program, state child care assistance program, refugee cash
 66 30 assistance program, emergency assistance program, and child
 66 31 support recovery program.
 66 32    2.  During the fiscal year beginning July 1, 1999, and
 66 33 ending June 30, 2000, the department of human services may
 66 34 continue to conduct a pilot program or pilot programs for
 66 35 provisions of financial assistance services.
 67  1    3.  Any pilot program conducted in accordance with this
 67  2 section shall be designed to meet one or more of the following
 67  3 financial assistance services goals:
 67  4    a.  A reduction in paperwork for applicants and recipients
 67  5 of services, or staff, or both.
 67  6    b.  Streamlining or expediting the eligibility
 67  7 determination process, to decrease the length of time it takes
 67  8 to inform applicants for financial assistance services as to
 67  9 the disposition of their request for the services.
 67 10    c.  Streamlining or expediting the referral process for
 67 11 family investment program applicants and recipients to other
 67 12 financial assistance services such as PROMISE JOBS or child
 67 13 support recovery, so that referrals can be initiated in a more
 67 14 timely manner in order to help move applicants and recipients
 67 15 more quickly to economic self-sufficiency or toward reduced
 67 16 reliance on government assistance.
 67 17    d.  Improved coordination of the management of financial
 67 18 assistance services as applicants for and recipients of the
 67 19 services work toward economic self-sufficiency.
 67 20    e.  Identification of policies, procedures, and practices
 67 21 that could be altered or eliminated without materially
 67 22 affecting the desired results for the family assistance
 67 23 services.
 67 24    4.  Any pilot program conducted in accordance with this
 67 25 section is subject to the following limitations and
 67 26 parameters:
 67 27    a.  Notwithstanding any administrative rule, that is not
 67 28 based in federal law, the department may alter policies,
 67 29 procedures, and practices to waive the administrative rule,
 67 30 that are based in state law, provided that the alterations do
 67 31 not decrease an applicant's or recipient's choice of, or
 67 32 ability to obtain, financial assistance services from the
 67 33 department in comparison with the financial assistance
 67 34 services that would otherwise be available.  The department
 67 35 may operate one or more pilot projects under this paragraph,
 68  1 in not more than eight counties.
 68  2    b.  If the department obtains a waiver of federal law or
 68  3 regulation, the department may alter policies, procedures, and
 68  4 practices that are based in federal law, provided that the
 68  5 alterations do not decrease an applicant's or recipient's
 68  6 choice of, or ability to obtain, financial assistance services
 68  7 from the department in comparison with the financial
 68  8 assistance services that would otherwise be available.  The
 68  9 department may operate one or more projects under this
 68 10 paragraph, in not more than eight counties.
 68 11    c.  In order to facilitate rapid implementation, except as
 68 12 provided in paragraph "d", any pilot program authorized under
 68 13 this section is exempt from the rulemaking procedures and
 68 14 rulemaking requirements of chapter 17A.  However, following
 68 15 development of the pilot program, the department shall provide
 68 16 a list of the laws or rules being waived to the chairpersons
 68 17 and ranking members of the joint appropriations subcommittee
 68 18 on human services, the administrative rules review committee,
 68 19 the administrative rules coordinator, the legislative fiscal
 68 20 bureau, and the legislative service bureau.  In implementing a
 68 21 pilot program under this section, the department shall take
 68 22 steps to make applicants and recipients of services aware of
 68 23 their choices, expectations, rights, and responsibilities.
 68 24    d.  The department shall adopt emergency rules establishing
 68 25 a framework for the pilot projects implemented under this
 68 26 section.  The rules shall identify the participating counties,
 68 27 the maximum duration of each pilot project, and generally
 68 28 describe the scope and nature of each pilot project.  Within
 68 29 this framework, the department retains broad discretion to
 68 30 revise a pilot project without further rulemaking describing
 68 31 the revision.
 68 32    Sec. 42.  REVIEW OF HUMAN SERVICES PROVIDER REIMBURSEMENTS
 68 33 AND ADMINISTRATIVE RULES.  The legislative council is
 68 34 requested to authorize the following concerning the department
 68 35 of human services:
 69  1    1.  Establishment of a task force to review the
 69  2 methodologies and distribution mechanisms used to reimburse
 69  3 providers of medical assistance, state supplementary
 69  4 assistance, social services, and other services funded in the
 69  5 department's budget.  The task force should be directed to
 69  6 consider the findings of previous studies; options for funding
 69  7 of services appropriate to individual needs; options for
 69  8 implementation of the resource-based relative value system
 69  9 methodology to determine medical provider reimbursement under
 69 10 the medical assistance program; implementation of waivers,
 69 11 state plan changes, and other approaches allowed by the
 69 12 federal government; options for using tobacco settlement
 69 13 moneys; the option of resource-based reimbursement; review of
 69 14 nursing facility cost reports, including additional written
 69 15 documentation, compiled by the department of human services
 69 16 and submitted pursuant to requirements in the reimbursement
 69 17 section of this Act; and other approaches for improving
 69 18 reimbursement equity between providers and in the amounts
 69 19 reimbursed.
 69 20    2.  An independent review of the department's
 69 21 administrative rules and their impact upon services and staff,
 69 22 with support from foundation or other private funding.
 69 23    Sec. 43.  SERVICES FOR PERSONS WITH BRAIN INJURY AND
 69 24 PERSONS WITH AUTISM.  The state-county management committee
 69 25 shall review the statewide availability of services and
 69 26 funding for persons with brain injury and for persons with
 69 27 autism compared to the availability of mental health and
 69 28 developmental disability services.  In addition, the committee
 69 29 shall review current approaches for meeting the needs of
 69 30 persons with mental retardation who are aging, to identify
 69 31 possible improvements.  The committee shall make findings and
 69 32 recommendations for actions which may be taken to
 69 33 appropriately address the needs of persons with such
 69 34 disabilities.  The findings and recommendations shall be
 69 35 included in the committee's annual report to be submitted by
 70  1 January 1, 2000.
 70  2    Sec. 44.  HUMAN SERVICES RESTRUCTURING.  The legislative
 70  3 council is requested to authorize a human services
 70  4 restructuring task force to consider existing and proposed
 70  5 initiatives for improving the provision of human services and
 70  6 other public services.  If created, the task force should be
 70  7 directed to review the community empowerment initiative; the
 70  8 county management provisions for mental health, mental
 70  9 retardation, and developmental disabilities services, referred
 70 10 to as Senate File 69 and the adult mental health and
 70 11 developmental disabilities funding decategorization; child
 70 12 welfare funding decategorization and the service bundling
 70 13 proposal developed by the legislative council's child welfare
 70 14 work group; and other proposals for improving local management
 70 15 of essential public services.  The task force should be
 70 16 directed to report its findings and recommendations to the
 70 17 persons in this Act designated for receipt of reports prior to
 70 18 the convening of the general assembly in the year 2000.
 70 19    Sec. 45.  CHILD PROTECTION EVALUATION.  Notwithstanding the
 70 20 requirements of 1997 Iowa Acts, chapter 176, section 23, the
 70 21 independent evaluation of the child protection system shall be
 70 22 completed in the fiscal year which begins July 1, 2000.
 70 23    Sec. 46.  ADOPTION SPECIAL SERVICES – FOSTER CHILD.  The
 70 24 department shall review and shall submit recommendations by
 70 25 December 15, 1999, to the general assembly regarding all of
 70 26 the following:
 70 27    1.  The addition of respite care to the category of special
 70 28 services provided to a child with physical or mental
 70 29 disabilities or an older or otherwise hard-to-place child who
 70 30 is adopted.  The review and recommendations shall include an
 70 31 estimate of the cost of the addition and possible funding
 70 32 sources.
 70 33    2.  The continuation of special services to a foster child
 70 34 following the filing of an adoption petition and for a
 70 35 reasonable time following issuance of an adoption decree
 71  1 relating to the child.  The reasonable time may be limited to
 71  2 not less than twenty days following issuance of the adoption
 71  3 decree to allow the adoptive parents to provide documentation
 71  4 of efforts to obtain special services free of cost or under
 71  5 the adoptive parent's insurance policy.  The review and
 71  6 recommendations shall include an estimate of the cost of such
 71  7 continuation and possible funding sources.
 71  8    Sec. 47.  EMERGENCY RULES.  If specifically authorized by a
 71  9 provision of this Act, the department of human services or the
 71 10 mental health and developmental disabilities commission may
 71 11 adopt administrative rules under section 17A.4, subsection 2,
 71 12 and section 17A.5, subsection 2, paragraph "b", to implement
 71 13 the provisions and the rules shall become effective
 71 14 immediately upon filing, unless the effective date is delayed
 71 15 by the administrative rules review committee, notwithstanding
 71 16 section 17A.4, subsection 5, and section 17A.8, subsection 9,
 71 17 or a later effective date is specified in the rules.  Any
 71 18 rules adopted in accordance with this section shall not take
 71 19 effect before the rules are reviewed by the administrative
 71 20 rules review committee.  Any rules adopted in accordance with
 71 21 the provisions of this section shall also be published as
 71 22 notice of intended action as provided in section 17A.4.
 71 23    Sec. 48.  REPORTS.  Any reports or information required to
 71 24 be compiled and submitted under this Act shall be submitted to
 71 25 the chairpersons and ranking members of the joint
 71 26 appropriations subcommittee on human services, the legislative
 71 27 fiscal bureau, the legislative service bureau, and to the
 71 28 caucus staffs on or before the dates specified for submission
 71 29 of the reports or information.  
 71 30                           DIVISION II
 71 31    Sec. 49.  NEW SECTION.  237A.30  HIGH QUALITY CHILD DAY
 71 32 CARE PROVIDERS.
 71 33    1.  The department shall accept nationally recognized
 71 34 accreditations in identifying and listing high quality child
 71 35 day care providers.  Any registered family or group home or
 72  1 licensed child day care provider in this state that is
 72  2 accredited in good standing by the national association for
 72  3 the education of young children or the national association
 72  4 for family child care shall be included in the listing.
 72  5    2.  Providers included in the listing which remain in good
 72  6 standing with the accrediting body and with state regulation
 72  7 shall be designated as a gold seal quality child day care
 72  8 provider.  Any provider included in the listing may publicly
 72  9 utilize the designation as a gold seal quality child day care
 72 10 provider.  Child day care resource and referral services shall
 72 11 be encouraged to make use of the providers holding this
 72 12 designation as a resource in quality improvement efforts and
 72 13 to identify these providers in making referrals to the public.
 72 14    3.  Holders of the gold seal quality designation shall be
 72 15 recognized annually in April during the week of national
 72 16 recognition of young children.  A recognition event shall be
 72 17 hosted during that week by a committee which may include but
 72 18 is not limited to the governor, legislative leaders,
 72 19 department staff and other child care experts, and the
 72 20 chairpersons and ranking members of the legislative committees
 72 21 involved with regulation or funding of child day care.
 72 22    4.  Subject to the availability of funding, an eligible
 72 23 holder of the gold seal quality designation receiving an
 72 24 initial or renewal national accreditation may receive a one-
 72 25 time cash award in the year of initial or renewal
 72 26 accreditation on or after July 1, 1999.  Holders of the
 72 27 designation who received funding assistance to obtain the
 72 28 initial or renewal national accreditation under a grant
 72 29 administered by the child development coordinating council or
 72 30 as part of being a federal head start program are not eligible
 72 31 for the cash award.  Eligible holders of the designation may
 72 32 receive a cash award of two hundred fifty dollars for
 72 33 registered family and group day care home providers and five
 72 34 hundred dollars for licensed centers.  
 72 35    Sec. 50.  Section 249A.3, Code 1999, is amended by adding
 73  1 the following new subsection:
 73  2    NEW SUBSECTION.  5A.  In determining eligibility for
 73  3 children under subsection 1, paragraphs "b", "f", "g", "j",
 73  4 "k", "n", and "s"; subsection 2, paragraphs "a", "c", "d",
 73  5 "f", and "g"; and subsection 5, paragraph "b", all resources
 73  6 of the family, other than monthly income, shall be
 73  7 disregarded.
 73  8    Sec. 51.  Section 249A.18, Code 1999, is amended to read as
 73  9 follows:
 73 10    249A.18  COST-BASED REIMBURSEMENT – RURAL HEALTH CLINICS
 73 11 AND FEDERALLY QUALIFIED HEALTH CLINICS CENTERS.
 73 12    Rural health clinics and federally qualified health clinics
 73 13 centers shall receive cost-based reimbursement for one hundred
 73 14 percent of the reasonable costs for the provision of services
 73 15 to recipients of medical assistance, subject to limitations
 73 16 and exclusions based on federal law and regulations as
 73 17 determined by the director.
 73 18    Sec. 52.  NEW SECTION.  514I.11  HAWK-I TRUST FUND.
 73 19    1.  A HAWK-I trust fund is created in the state treasury
 73 20 under the authority of the department of human services, in
 73 21 which all appropriations and other revenues of the program
 73 22 such as grants, contributions, and participant payments shall
 73 23 be deposited and used for the purposes of the program.  The
 73 24 moneys in the fund shall not be considered revenue of the
 73 25 state, but rather shall be funds of the program.
 73 26    2.  The trust fund shall be separate from the general fund
 73 27 of the state and shall not be considered part of the general
 73 28 fund of the state.  The moneys in the trust fund are not
 73 29 subject to section 8.33 and shall not be transferred, used,
 73 30 obligated, appropriated, or otherwise encumbered, except to
 73 31 provide for the purposes of this chapter.  Notwithstanding
 73 32 section 12C.7, subsection 2, interest or earnings on moneys
 73 33 deposited in the trust fund shall be credited to the trust
 73 34 fund.  
 73 35                          DIVISION III 
 74  1                    MISCELLANEOUS PROVISIONS
 74  2    Sec. 53.  EFFECTIVE DATE.  The following provisions of this
 74  3 Act, being deemed of immediate importance, take effect upon
 74  4 enactment:
 74  5    1.  Section 1, relating to the social services block grant
 74  6 supplementation.
 74  7    2.  Section 5, subsection 8, relating to the X-PERT
 74  8 computer system.
 74  9    3.  Section 6, subsection 2, relating to refunds of utility
 74 10 and rent deposits for emergency assistance recipients.
 74 11    4.  Section 7, subsection 10, relating to development of a
 74 12 county billing system.
 74 13    5.  Section 9, subsection 2, relating to reversion of
 74 14 appropriations for the healthy and well kids in Iowa program.
 74 15    6.  Section 10, subsection 4, relating to the reversion of
 74 16 moneys appropriated for medical contracts in 1998 Iowa Acts,
 74 17 chapter 1218, section 10.
 74 18    7.  Section 14, subsection 6, relating to reversion of
 74 19 moneys appropriated for the state training school at Eldora in
 74 20 1998 Iowa Acts, chapter 1218, section 14.
 74 21    8.  Section 15, subsection 2, paragraph "e", relating to
 74 22 requirements of section 232.143, for the 1999-2000 fiscal
 74 23 year.
 74 24    9.  Section 15, subsection 17, relating to determining
 74 25 allocation of court-ordered services funding.
 74 26    10.  Section 19, subsection 6, relating to fiscal year
 74 27 1998-1999 revenues at the state hospital-schools.
 74 28    11.  Section 31, providing a fiscal year 1998-1999
 74 29 appropriation for costs associated with treatment and
 74 30 commitment of sexually violent predators.
 74 31    12.  Section 36, amending 1998 Iowa Acts, chapter 1218,
 74 32 section 33.
 74 33    13.  Section 40, amending 1998 Iowa Acts, chapter 1218,
 74 34 section 5.  
 74 35 
 75  1 
 75  2                                                             
 75  3                               BRENT SIEGRIST
 75  4                               Speaker of the House
 75  5 
 75  6 
 75  7                                                             
 75  8                               MARY E. KRAMER
 75  9                               President of the Senate
 75 10 
 75 11    I hereby certify that this bill originated in the House and
 75 12 is known as House File 760, Seventy-eighth General Assembly.
 75 13 
 75 14 
 75 15                                                             
 75 16                               ELIZABETH ISAACSON
 75 17                               Chief Clerk of the House
 75 18 Approved                , 1999
 75 19 
 75 20 
 75 21                               
 75 22 THOMAS J. VILSACK
 75 23 Governor
     
Text: HF00759                           Text: HF00761
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index

© 1999 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00700/HF00760/990510.html
jhf