Text: HF02554 Text: HF02556 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2555 1 2 1 3 AN ACT 1 4 RELATING TO AND MAKING APPROPRIATIONS FROM THE TOBACCO SETTLE- 1 5 MENT FUND, PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR 1 6 RETROACTIVE APPLICABILITY. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. TOBACCO SETTLEMENT FUND – APPROPRIATIONS TO 1 11 DEPARTMENTS. There is appropriated from the tobacco 1 12 settlement fund created in section 12.65 to the following 1 13 departments for the fiscal year beginning July 1, 2000, and 1 14 ending June 30, 2001, the following amounts, or so much 1 15 thereof as is necessary, to be used for the purposes 1 16 designated: 1 17 1. To the department of human services: 1 18 a. Beginning November 1, 2000, to increase the 1 19 reimbursement rate for all noninstitutional medical assistance 1 20 providers, excluding anesthesia and dental services, to the 1 21 rate in effect on January 1, 2000, under the fee schedule 1 22 established for Iowa under the federal Medicare program that 1 23 incorporates the resource-based relative value scale 1 24 methodology: 1 25 .................................................. $ 6,000,000 1 26 b. To increase the reimbursement rate to 75 percent of the 1 27 usual and customary rate for the fiscal year July 1, 2000, 1 28 through June 30, 2001, for dental services under the medical 1 29 assistance program: 1 30 .................................................. $ 3,600,000 1 31 c. To provide a cost-of-living adjustment for the fiscal 1 32 year July 1, 2000, through June 30, 2001, of 5 percent to 1 33 rehabilitative treatment and support services providers under 1 34 the medical assistance program: 1 35 .................................................. $ 3,100,000 2 1 The cost-of-living adjustment for rehabilitative treatment 2 2 and support services providers shall be applied to each 2 3 individual provider's state negotiated rate. 2 4 d. To provide a cost-of-living adjustment for the fiscal 2 5 year July 1, 2000, through June 30, 2001, of 5 percent to 2 6 adoption, independent living, shelter care, and home studies 2 7 services providers: 2 8 .................................................. $ 500,000 2 9 The cost-of-living adjustment for licensed or approved 2 10 shelter care providers shall be applied to each individual 2 11 licensed or approved shelter care provider's state negotiated 2 12 rate. On or before August 1, 2000, the department shall 2 13 recalculate the statewide average cost of shelter care to 2 14 include the total amount of the individual providers' cost-of- 2 15 living adjustments. The cost-of-living adjustment percentage 2 16 specified in this lettered paragraph shall be applied directly 2 17 to the state's negotiated shelter care per diem reimbursement 2 18 rate. 2 19 e. To increase the reimbursement rate for the fiscal year 2 20 July 1, 2000, through June 30, 2001, for hospitals under the 2 21 medical assistance program by 3 percent over the reimbursement 2 22 rate in effect on June 30, 2000: 2 23 .................................................. $ 2,300,000 2 24 f. To increase the reimbursement rate for the fiscal year 2 25 July 1, 2000, through June 30, 2001, for home health care 2 26 services under the medical assistance program to the rate 2 27 provided for such services under the federal Medicare program: 2 28 .................................................. $ 2,400,000 2 29 g. To increase the reimbursement rate for the fiscal year 2 30 July 1, 2000, through June 30, 2001, for critical access 2 31 hospitals under the medical assistance program to the rate 2 32 provided for such hospitals under the federal Medicare 2 33 program: 2 34 .................................................. $ 250,000 2 35 h. To provide for expansion of home health care services 3 1 and habilitative day care under the medical assistance program 3 2 for children with special needs: 3 3 .................................................. $ 4,400,000 3 4 i. To provide for expansion of respite care services 3 5 provided through home and community-based waivers under the 3 6 medical assistance program: 3 7 .................................................. $ 1,200,000 3 8 j. To increase the reimbursement rate for the fiscal year 3 9 July 1, 2000, through June 30, 2001, to service providers 3 10 under the purview of the department of human services, with 3 11 the exception of family support subsidy providers, by up to 1 3 12 percent over the rates in effect on June 30, 2000: 3 13 .................................................. $ 550,000 3 14 Of the funds appropriated to the department of human 3 15 services under this subsection, $182,381 shall be used to meet 3 16 the maintenance of effort requirements under the state 3 17 supplementary assistance program. 3 18 The department of human services shall conduct a review of 3 19 reimbursement rates and the reimbursement methodology for 3 20 providers of dental services, including the feasibility of 3 21 changing from a system that is based upon a percentage of the 3 22 usual, customary, and reasonable rates to one that is 3 23 percentile-based, and shall submit a report of its findings to 3 24 the governor and the general assembly on or before December 1, 3 25 2000. 3 26 The department of human services may adopt emergency rules 3 27 to implement this subsection. 3 28 2. To the department of human services to supplement the 3 29 children's health insurance program appropriation: 3 30 .................................................. $ 200,000 3 31 3. To the department of human services for performance of 3 32 the evaluation required under this subsection: 3 33 .................................................. $ 35,000 3 34 The department of human services shall seek a waiver from 3 35 the health care financing administration of the United States 4 1 department of health and human services to implement a pilot 4 2 project in fiscal year 2000-2001 to study the effects of 4 3 providing continuous eligibility for children under the 4 4 medical assistance program. If the waiver is approved, the 4 5 pilot project shall be implemented in one rural and one urban 4 6 county, and the department shall enter into a contract with an 4 7 entity outside of the department to perform an evaluation of 4 8 the pilot project. The evaluating entity shall coordinate its 4 9 efforts with efforts of the United States department of health 4 10 and human services relating to evaluation of continuous 4 11 eligibility. The evaluating entity shall submit a report to 4 12 the general assembly on or before December 15, 2000, regarding 4 13 the findings of the pilot project including, but not limited 4 14 to, any increased costs which may be incurred through 4 15 continuous eligibility. The report shall also include 4 16 recommendations for discontinuation or expansion of the pilot 4 17 project. 4 18 4. To the Iowa department of public health: 4 19 a. For additional substance abuse treatment under the 4 20 substance abuse treatment program: 4 21 .................................................. $ 11,900,000 4 22 (1) The department shall use funds appropriated in this 4 23 paragraph to enhance the quality of and to expand the capacity 4 24 to provide 24-hour substance abuse treatment programs. 4 25 (2) The department shall use funds appropriated in this 4 26 paragraph to expand the length of individual client substance 4 27 abuse treatment plans, as necessary to reduce program 4 28 recidivism. 4 29 (3) The department shall use funds appropriated in this 4 30 paragraph to share research-based best practices for treatment 4 31 with substance abuse treatment facilities. 4 32 (4) The department shall use funds appropriated in this 4 33 paragraph to develop a results-based funding approach for 4 34 substance abuse treatment services. 4 35 (5) The department shall use funds appropriated in this 5 1 paragraph to develop a program to encourage individuals who 5 2 are successfully managing their substance abuse problems to 5 3 serve as role models. 5 4 b. For development of a healthy Iowans 2010 plan within 5 5 the Iowa department of public health and for not more than the 5 6 following full-time equivalent positions: 5 7 ................................................. $ 2,800,000 5 8 ................................................. FTEs 4.00 5 9 (1) Of the funds appropriated in this paragraph, not more 5 10 than $1,500,000 shall be used for core public health 5 11 functions, including home health care and public health 5 12 nursing services, contracted through a formula by local boards 5 13 of health, to enhance disease and injury prevention services. 5 14 (2) Of the funds appropriated in this paragraph, not more 5 15 than $400,000 shall be used for the implementation and support 5 16 of a coordinated system of delivery of trauma and emergency 5 17 medical services. 5 18 (3) Of the funds appropriated in this paragraph, not more 5 19 than $437,000 shall be used for the establishment of a state 5 20 poison control center. 5 21 (4) Of the funds appropriated in this paragraph, not more 5 22 than $300,000 shall be used for the development of scientific 5 23 and medical expertise in environmental epidemiology. 5 24 (5) Of the funds appropriated in this paragraph, not more 5 25 than $163,000 shall be used to implement prevention strategies 5 26 of healthy Iowans 2010 to address the leading causes of death 5 27 in Iowa. 5 28 5. To the department of corrections: 5 29 .................................................. $ 610,000 5 30 a. Of the funds appropriated in this subsection, $127,217 5 31 is allocated to the second judicial district department of 5 32 correctional services to replace expired federal funding for 5 33 day programming. 5 34 b. Of the funds appropriated in this subsection, $35,359 5 35 is allocated to the third judicial district department of 6 1 correctional services to replace expired federal funding for 6 2 the drug court program. 6 3 c. Of the funds appropriated in this subsection, $191,731 6 4 is allocated to the fourth judicial district department of 6 5 correctional services for a drug court program. 6 6 d. Of the funds appropriated in this subsection, $255,693 6 7 is allocated to the fifth judicial district department of 6 8 correctional services to replace expired funding for the drug 6 9 court program. 6 10 Sec. 2. TOBACCO SETTLEMENT FUND – APPROPRIATION – IOWA 6 11 DEPARTMENT OF PUBLIC HEALTH. There is appropriated from the 6 12 tobacco settlement fund created in section 12.65 to the Iowa 6 13 department of public health for the fiscal period beginning 6 14 April 1, 2000, and ending June 30, 2001, the following 6 15 amounts, or so much thereof as is necessary, for the purpose 6 16 designated, and for not more than the following full-time 6 17 equivalent positions: 6 18 For a tobacco use prevention and control program, including 6 19 efforts at the state and local levels, as provided by the 2000 6 20 Session of the Seventy-eighth General Assembly: 6 21 .................................................. $ 9,345,394 6 22 ............................................... FTEs 7.00 6 23 1. Of the funds appropriated in this section, $1,782,420 6 24 shall be used to expand activities that ensure compliance with 6 25 section 453A.2 and other laws and ordinances prohibiting the 6 26 sale of tobacco products to persons under 18 years of age. 6 27 Funds allocated in this subsection and used for the purposes 6 28 of this subsection shall supplement, not supplant, other funds 6 29 received or used to enforce these laws and ordinances. 6 30 The director of public health shall dedicate sufficient 6 31 resources to promote and ensure retailer compliance with 6 32 tobacco laws and ordinances relating to persons under 18 years 6 33 of age, and shall prioritize the state's compliance in the 6 34 allocation of available funds with section 218 of H.R. 3424 as 6 35 enacted in Division B, Section 1000(a)(4) of H.R. 3194, and as 7 1 incorporated by cross-reference in the conference report, H. 7 2 Rept. 106-479 to H.R. 3194, as enacted in Pub. L. No. 106-113. 7 3 2. Of the funds appropriated in this section, not more 7 4 than $300,000 shall be used to conduct a statewide youth 7 5 summit on tobacco use prevention and control. The summit 7 6 shall be held no later than August 15, 2000. 7 7 3. Of the full-time equivalent positions authorized under 7 8 this section, two full-time equivalent positions shall be 7 9 utilized to provide for enforcement of tobacco laws and 7 10 regulations under contracts entered into between the Iowa 7 11 department of public health and the alcoholic beverages 7 12 division of the department of commerce. 7 13 4. Of the funds appropriated in this section, not more 7 14 than $525,759 shall be expended on administration and 7 15 management of the program. 7 16 Sec. 3. PURCHASE OF SERVICE CONTRACT PROVIDERS – 7 17 REIMBURSEMENT INCREASE. There is appropriated from the 7 18 tobacco settlement fund created in section 12.65 to the 7 19 property tax relief fund created in section 426B.1 for the 7 20 fiscal year beginning July 1, 2000, and ending June 30, 2001, 7 21 the following amount, or so much thereof as is necessary, to 7 22 be used for the purposes designated: 7 23 For assistance to certain counties with limited county 7 24 mental health, mental retardation, and developmental 7 25 disabilities services fund balances to pay reimbursement 7 26 increases in accordance with this section: 7 27 .................................................. $ 2,000,000 7 28 1. For the purposes of this section unless the context 7 29 otherwise requires: 7 30 a. "Adjusted actual cost" means a POS provider's cost as 7 31 computed using the financial and statistical report for the 7 32 provider's fiscal year which ended during the state fiscal 7 33 year beginning July 1, 1998, as adjusted by multiplying those 7 34 actual costs by 103.4 percent or the percentage adopted by the 7 35 risk pool board in accordance with subsection 3, paragraph 8 1 "c". 8 2 b. "Host county" means the county in which the primary 8 3 offices of a POS provider are located. However, if a POS 8 4 provider operates a separate program in more than one county, 8 5 "host county" means the county in which the separate program 8 6 is operated. 8 7 c. "Purchase of service provider" or "POS provider" means 8 8 a provider of sheltered work, work activity, supported 8 9 employment, job placement, enclave services, adult day care, 8 10 transportation, supported community living services, or adult 8 11 residential services paid by a county from the county's 8 12 services fund created in section 331.424A under a state 8 13 purchase of service or county contract. 8 14 d. "Risk pool board" means the same as used in section 8 15 426B.5, subsection 3. 8 16 e. "Services fund" means the same as defined in section 8 17 331.424A. 8 18 2. a. For the fiscal year beginning July 1, 2000, the 8 19 counties receiving state payments from the property tax relief 8 20 fund shall provide a reimbursement rate increase for the 8 21 fiscal year to eligible POS providers. The purpose of the 8 22 reimbursement rate increase is to assist POS providers that 8 23 have increased the compensation of their service staff. The 8 24 reimbursement rate increase shall apply to POS services 8 25 provided during the entire fiscal year beginning July 1, 2000. 8 26 b. In order to be eligible, a POS provider's adjusted 8 27 actual cost of providing a service must be in excess of the 8 28 reimbursement rate paid to the provider by the county as of 8 29 June 30, 2000, and the excess cost must be attributable, at 8 30 least in part, to service staff compensation. The 8 31 documentation used in determining whether actual costs have 8 32 increased for a POS provider shall be the applicable amounts 8 33 submitted to the host county in the provider's annual 8 34 financial and statistical reports, completed in accordance 8 35 with department of human services' rules for purchase of 9 1 services. The determination shall be made by comparing the 9 2 applicable amounts in the report for the POS provider's fiscal 9 3 year which ended during state fiscal year 1998-1999, with the 9 4 applicable amounts in the report for the POS provider's fiscal 9 5 year which ended during state fiscal year 1999-2000. 9 6 c. The host county shall increase the POS provider's 9 7 reimbursement rate to the POS provider's adjusted actual cost, 9 8 subject to a maximum of 5 percent over the reimbursement rates 9 9 paid by the host county to that POS provider as of June 30, 9 10 2000. The reimbursement rate increase approved by the host 9 11 county shall be accepted by all other counties that have an 9 12 arrangement with the POS provider for provision of the program 9 13 or service. 9 14 3. a. If a county projects that payment of the 9 15 reimbursement rate increase required pursuant to this section 9 16 will cause the county to expend from the services fund during 9 17 the fiscal year beginning July 1, 2000, an amount in excess of 9 18 the sum of 100 percent of the county's budgeted expenses for 9 19 that fiscal year and any amount of the county's previous 9 20 fiscal year ending services fund balance in excess of 25 9 21 percent of the county's gross expenditures from the services 9 22 fund in the previous fiscal year, the county may apply for 9 23 assistance from the moneys appropriated in this section. The 9 24 board may accept or reject an application for assistance in 9 25 whole or in part. The decision of the board is final. 9 26 b. The funding appropriated in this section shall be 9 27 administered separately from other funding administered by the 9 28 risk pool board pursuant to section 426B.5, subsection 3. On 9 29 or before September 1, 2000, the risk pool board shall adopt 9 30 rules, and implement forms, deadlines, application procedures, 9 31 and other provisions necessary for distributing assistance 9 32 moneys to such counties. The risk pool board may adopt the 9 33 rules on an emergency basis under section 17A.4, subsection 2, 9 34 and section 17A.5, subsection 2, paragraph "b", to implement 9 35 the procedures and requirements and the rules shall be 10 1 effective immediately upon filing unless a later date is 10 2 specified in the rules. Any rules adopted in accordance with 10 3 this paragraph shall also be published as a notice of intended 10 4 action as provided in section 17A.4. 10 5 c. If the funds appropriated in this section are 10 6 insufficient to pay the total amount of assistance to all 10 7 counties that are determined by the risk pool board to be 10 8 eligible for assistance under this subsection, the total 10 9 amount of assistance shall be prorated among the eligible 10 10 counties by the risk pool board. However, if the risk pool 10 11 board determines that prorating the amount of assistance would 10 12 be required, in addition to or in lieu of prorating the amount 10 13 of assistance, the risk pool board may adopt a different 10 14 percentage for the definition of "adjusted actual cost" used 10 15 in this section. If a different percentage is adopted, the 10 16 percentage shall be applicable to reimbursement rates payable 10 17 throughout the fiscal year. A county may delay payment of the 10 18 reimbursement rate increase required by this section until the 10 19 risk pool board has completed action as to adopting or not 10 20 adopting a different percentage for the definition of 10 21 "adjusted actual cost". Moneys appropriated in this section 10 22 that remain unencumbered or unobligated at the close of the 10 23 fiscal year shall revert to the tobacco settlement fund. 10 24 d. If a county receiving assistance in accordance with 10 25 this subsection does not levy the maximum amount allowed for 10 26 the county's mental health, mental retardation, and 10 27 developmental disabilities services fund under section 10 28 331.424A for the fiscal year beginning July 1, 2000, the 10 29 county shall repay the assistance provided to the county in 10 30 accordance with this subsection in the succeeding fiscal year. 10 31 The repayment amount shall be limited to the amount by which 10 32 the actual amount levied was less than the maximum amount 10 33 allowed. Repayments shall be credited to the tobacco 10 34 settlement fund. 10 35 4. The department of human services, in consultation with 11 1 the risk pool board, shall develop and submit a recommendation 11 2 on or before December 1, 2000, to the governor and the general 11 3 assembly addressing provisions for counties receiving 11 4 assistance under this section to continue receiving that 11 5 assistance in subsequent fiscal years. 11 6 Sec. 4. SAVINGS ACCOUNT FOR HEALTHY IOWANS. There is 11 7 appropriated from the tobacco settlement fund created in 11 8 section 12.65 to the savings account for healthy Iowans 11 9 established within the tobacco settlement fund, for the fiscal 11 10 year beginning July 1, 2000, and ending June 30, 2001, the 11 11 following amount: 11 12 ................................................. $ 3,800,000 11 13 Sec. 5. REVERSION. Any moneys appropriated under this Act 11 14 which are unexpended or unencumbered at the end of the fiscal 11 15 period ending June 30, 2001, shall revert to the tobacco 11 16 settlement fund. 11 17 Sec. 6. Section 249A.3, subsection 1, Code Supplement 11 18 1999, is amended by adding the following new paragraph after 11 19 paragraph k: 11 20 NEW PARAGRAPH. kk. Is an infant whose income is not more 11 21 than two hundred percent of the federal poverty level, as 11 22 defined by the most recently revised income guidelines 11 23 published by the United States department of health and human 11 24 services. 11 25 Sec. 7. NEW SECTION. 249A.20 NONINSTITUTIONAL HEALTH 11 26 PROVIDERS – REIMBURSEMENT. 11 27 Beginning November 1, 2000, the department shall use the 11 28 federal Medicare resource-based relative value scale 11 29 methodology to reimburse all applicable noninstitutional 11 30 health providers, excluding anesthesia and dental services, 11 31 that on June 30, 2000, are reimbursed on a fee-for-service 11 32 basis for provision of services under the medical assistance 11 33 program. The department shall apply the federal Medicare 11 34 resource-based relative value scale methodology to such health 11 35 providers in the same manner as the methodology is applied 12 1 under the federal Medicare program and shall not utilize the 12 2 resource-based relative value scale methodology in a manner 12 3 that discriminates between such health providers. The 12 4 reimbursement schedule shall be adjusted, annually, on July 1, 12 5 and shall provide for reimbursement that is not less than the 12 6 reimbursement provided under the fee schedule established for 12 7 Iowa under the federal Medicare program in effect on January 1 12 8 of that calendar year. 12 9 Sec. 8. Section 514I.8, subsection 1, Code 1999, is 12 10 amended to read as follows: 12 11 1. Effective July 1, 1998, and notwithstanding any medical 12 12 assistance program eligibility criteria to the contrary, 12 13 medical assistance shall be provided to, or on behalf of, an 12 14 eligible child under the age of nineteen whose family income 12 15 does not exceed one hundred thirty-three percent of the 12 16 federal poverty level, as defined by the most recently revised 12 17 poverty income guidelines published by the United States 12 18 department of health and human services. Additionally, 12 19 effective July 1, 2000, and notwithstanding any medical 12 20 assistance program eligibility criteria to the contrary, 12 21 medical assistance shall be provided to, or on behalf of, an 12 22 eligible infant whose family income does not exceed two 12 23 hundred percent of the federal poverty level, as defined by 12 24 the most recently revised poverty income guidelines published 12 25 by the United States department of health and human services. 12 26 Sec. 9. Section 514I.8, subsection 2, paragraph c, Code 12 27 1999, is amended to read as follows: 12 28 c. Is a member of a family whoseadjusted grossincome 12 29 does not exceedonetwo hundredeighty-fivepercent of the 12 30 federal poverty level, as defined in 42 U.S.C. } 9902(2), 12 31 including any revision required by such section. 12 32 Sec. 10. Section 514I.10, Code 1999, is amended to read as 12 33 follows: 12 34 514I.10 COST SHARING. 12 35 1. Cost sharing for eligible children whose family 13 1adjusted grossincome is at or below one hundred fifty percent 13 2 of the federal poverty level shall not exceed the standards 13 3 permitted under 42 U.S.C. } 1396(o)(a)(3) or } 1396(o)(b)(1). 13 4 2. Cost sharing for eligible children whose family 13 5adjusted grossincome is between one hundred fifty percent and 13 6onetwo hundredeighty-fivepercent of the federal poverty 13 7 level shall include a premium or copayment amount which is at 13 8 least a minimum amount but which does not exceed five percent 13 9 of the annual familyadjusted grossincome. The amount of the 13 10 premium or the copayment amount shall be based ona sliding13 11fee scale established by rule which is based onfamily 13 12adjusted grossincome andthesizeof the family. 13 13 Sec. 11. EMERGENCY RULES. If specifically authorized by a 13 14 provision of this Act, the department of human services may 13 15 adopt administrative rules under section 17A.4, subsection 2, 13 16 and section 17A.5, subsection 2, paragraph "b", to implement 13 17 the provisions and the rules shall become effective 13 18 immediately upon filing, unless the effective date is delayed 13 19 by the administrative rules review committee, notwithstanding 13 20 section 17A.4, subsection 5, and section 17A.8, subsection 9, 13 21 or a later effective date is specified in the rules. Any 13 22 rules adopted in accordance with the provisions of this 13 23 section shall also be published as notice of intended action 13 24 as provided in section 17A.4 no later than June 14, 2000. 13 25 Sec. 12. EFFECTIVE DATE – RETROACTIVE APPLICABILITY. 13 26 Section 2 of this Act, relating to appropriation of funding 13 27 for the appropriation of funds to the Iowa department of 13 28 public health for a tobacco use prevention and control 13 29 program, being deemed of immediate importance, takes effect 13 30 upon enactment and is retroactively applicable to April 1, 13 31 2000. Section 11 of this Act, being deemed of immediate 13 32 importance, takes effect upon enactment. 13 33 13 34 13 35 14 1 BRENT SIEGRIST 14 2 Speaker of the House 14 3 14 4 14 5 14 6 MARY E. KRAMER 14 7 President of the Senate 14 8 14 9 I hereby certify that this bill originated in the House and 14 10 is known as House File 2555, Seventy-eighth General Assembly. 14 11 14 12 14 13 14 14 ELIZABETH ISAACSON 14 15 Chief Clerk of the House 14 16 Approved , 2000 14 17 14 18 14 19 14 20 THOMAS J. VILSACK 14 21 Governor
Text: HF02554 Text: HF02556 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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