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House File 732

Partial Bill History

Bill Text

PAG LIN
  1  1                                         HOUSE FILE 732
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO APPROPRIATIONS FOR THE DEPARTMENT OF HUMAN
  1  5    SERVICES AND INCLUDING OTHER PROVISIONS AND APPROPRIATIONS
  1  6    INVOLVING HUMAN SERVICES AND HEALTH CARE, AND PROVIDING
  1  7    EFFECTIVE DATES.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  EARLY CHILDHOOD FUNDING.
  1 12    1.  The appropriations made in 1998 Iowa Acts, chapter
  1 13 1218, section 2, and 2000 Iowa Acts, chapter 1228, section 2,
  1 14 subsection 1, paragraph "b", from the fund created in section
  1 15 8.41 to the department of human services for the fiscal year
  1 16 beginning July 1, 2001, and ending June 30, 2002, from moneys
  1 17 received under the federal temporary assistance for needy
  1 18 families (TANF) block grant shall be used for funding of
  1 19 community-based programs targeted to children from birth
  1 20 through five years of age, developed by community empowerment
  1 21 areas as provided in this section.
  1 22    2.  The department may transfer federal temporary
  1 23 assistance for needy families block grant funding appropriated
  1 24 and allocated in this section to the child care and
  1 25 development block grant in accordance with federal law as
  1 26 necessary to comply with the provisions of this section.  The
  1 27 funding shall then be provided to community empowerment areas
  1 28 for the fiscal year beginning July 1, 2001, in accordance with
  1 29 all of the following:
  1 30    a.  The area must be approved as a designated community
  1 31 empowerment area by the Iowa empowerment board.
  1 32    b.  The maximum funding amount a community empowerment area
  1 33 is eligible to receive shall be determined by applying the
  1 34 area's percentage of the state's average monthly family
  1 35 investment program population in the preceding fiscal year to
  2  1 the total amount appropriated for fiscal year 2001-2002 from
  2  2 the TANF block grant to fund community-based programs targeted
  2  3 to children from birth through five years of age developed by
  2  4 community empowerment areas.
  2  5    c.  A community empowerment area receiving funding shall
  2  6 comply with any federal reporting requirements associated with
  2  7 the use of that funding and other results and reporting
  2  8 requirements established by the Iowa empowerment board.  The
  2  9 department shall provide technical assistance in identifying
  2 10 and meeting the federal requirements.
  2 11    d.  The availability of funding provided under this section
  2 12 is subject to changes in federal requirements and amendments
  2 13 to Iowa law.
  2 14    3.  The moneys distributed in accordance with this section
  2 15 shall be used by communities for the purposes of enhancing
  2 16 quality child care capacity in support of parent capability to
  2 17 obtain or retain employment.  The moneys shall be used with a
  2 18 primary emphasis on low-income families and children from
  2 19 birth to five years of age.  Moneys shall be provided in a
  2 20 flexible manner to communities, and shall be used to implement
  2 21 strategies identified by the communities to achieve such
  2 22 purposes.  The strategies may include but are not limited to
  2 23 developing capacity for regular child care, sick child care,
  2 24 night shifts child care, and emergency child care; enhancing
  2 25 linkages between the head start and early head start programs,
  2 26 early childhood development programs, and child care
  2 27 assistance programs; and implementing other strategies to
  2 28 enhance access to child care.  The moneys may be used to
  2 29 either build capacity or for support of ongoing efforts.  In
  2 30 addition to the full-time equivalent positions funded in this
  2 31 Act, 1.00 full-time equivalent position is authorized and the
  2 32 department may use funding appropriated in this section for
  2 33 provision of technical assistance and other support to
  2 34 communities developing and implementing strategies with moneys
  2 35 distributed in accordance with this section.
  3  1    4.  Moneys which are subject to this section which are not
  3  2 distributed to a community empowerment area or otherwise
  3  3 remain unobligated or unexpended at the end of the fiscal year
  3  4 shall revert to the fund created in section 8.41 to be
  3  5 available for appropriation by the general assembly in a
  3  6 subsequent fiscal year.
  3  7    Sec. 2.  TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
  3  8 GRANT.  There is appropriated from the fund created in section
  3  9 8.41 to the department of human services for the fiscal year
  3 10 beginning July 1, 2001, and ending June 30, 2002, from moneys
  3 11 received under the federal temporary assistance for needy
  3 12 families block grant pursuant to the federal Personal
  3 13 Responsibility and Work Opportunity Reconciliation Act of
  3 14 1996, Pub. L. No. 104-193, which are federally appropriated
  3 15 for the federal fiscal years beginning October 1, 1999, and
  3 16 ending September 30, 2000, beginning October 1, 2000, and
  3 17 ending September 30, 2001, and beginning October 1, 2001, and
  3 18 ending September 30, 2002, the following amounts, or so much
  3 19 thereof as is necessary, to be used for the purposes
  3 20 designated:
  3 21    Moneys appropriated in this section shall be used in
  3 22 accordance with the federal law making the funds available,
  3 23 applicable Iowa law, appropriations made from the general fund
  3 24 of the state in this Act for the purpose designated, and
  3 25 administrative rules adopted to implement the federal and Iowa
  3 26 law.  If actual federal revenues credited to the fund created
  3 27 in section 8.41 through June 30, 2002, are less than the
  3 28 amounts appropriated in this section, the amounts appropriated
  3 29 shall be reduced proportionately and the department may reduce
  3 30 expenditures as deemed necessary by the department to meet the
  3 31 reduced funding level:
  3 32    1.  To be credited to the family investment program account
  3 33 and used for assistance under the family investment program
  3 34 under chapter 239B:  
  3 35 .................................................. $ 39,287,318
  4  1    2.  To be credited to the family investment program account
  4  2 and used for the job opportunities and basic skills (JOBS)
  4  3 program, and implementing family investment agreements, in
  4  4 accordance with chapter 239B:  
  4  5 .................................................. $ 20,830,113
  4  6    3.  For field operations:  
  4  7 .................................................. $ 12,885,790
  4  8    4.  For general administration:  
  4  9 .................................................. $  3,238,614
  4 10    5.  For local administrative costs:  
  4 11 .................................................. $  2,122,982
  4 12    6.  For state child care assistance:  
  4 13 .................................................. $ 28,638,329
  4 14    Of the funds appropriated in this subsection, $200,000
  4 15 shall be used for provision of educational opportunities to
  4 16 registered child care home providers in order to improve
  4 17 services and programs offered by this category of providers
  4 18 and to increase the number of providers.  The department may
  4 19 contract with institutions of higher education or child care
  4 20 resource and referral centers to provide the educational
  4 21 opportunities.  Allowable administrative costs under the
  4 22 contracts shall not exceed 5 percent.  The application for a
  4 23 grant shall not exceed two pages in length.
  4 24    7.  For emergency assistance:  
  4 25 .................................................. $  2,846,432
  4 26    8.  For mental health and developmental disabilities
  4 27 community services:  
  4 28 .................................................. $  4,349,266
  4 29    9.  For child and family services:  
  4 30 .................................................. $ 23,096,571
  4 31    10.  For child abuse prevention:  
  4 32 .................................................. $    731,000
  4 33    11.  For pregnancy prevention grants on the condition that
  4 34 family planning services are funded:  
  4 35 .................................................. $  2,514,413
  5  1    Pregnancy prevention grants shall be awarded to programs in
  5  2 existence on or before July 1, 2001, if the programs are
  5  3 comprehensive in scope and have demonstrated positive
  5  4 outcomes.  Grants shall be awarded to pregnancy prevention
  5  5 programs which are developed after July 1, 2001, if the
  5  6 programs are comprehensive in scope and are based on existing
  5  7 models that have demonstrated positive outcomes.  Grants shall
  5  8 comply with the requirements provided in 1997 Iowa Acts,
  5  9 chapter 208, section 14, subsections 1 and 2, including the
  5 10 requirement that grant programs must emphasize sexual
  5 11 abstinence.  Priority in the awarding of grants shall be given
  5 12 to programs that serve areas of the state which demonstrate
  5 13 the highest percentage of unplanned pregnancies of females age
  5 14 13 or older but younger than age 18 within the geographic area
  5 15 to be served by the grant.
  5 16    12.  For technology needs and other resources necessary to
  5 17 meet federal welfare reform reporting, tracking, and case
  5 18 management requirements:  
  5 19 .................................................. $  1,182,217
  5 20    13.  For supervised community treatment under child and
  5 21 family services:  
  5 22 .................................................. $    300,000
  5 23    14.  For volunteers:  
  5 24 .................................................. $     42,663
  5 25    15.  For individual development accounts under chapter
  5 26 541A:  
  5 27 .................................................. $    250,000
  5 28    16.  For the healthy opportunities for parents to
  5 29 experience success (HOPES) program administered by the Iowa
  5 30 department of public health to target child abuse prevention:  
  5 31 .................................................. $    200,000
  5 32    17.  To be credited to the Iowa marriage initiative grant
  5 33 fund created in section 234.45:  
  5 34 .................................................. $    500,000
  5 35    a.  The moneys credited to the Iowa marriage initiative
  6  1 grant fund pursuant to this subsection are appropriated to the
  6  2 department for the fiscal year beginning July 1, 2001, and
  6  3 ending June 30, 2002, to be used in accordance with this
  6  4 subsection.
  6  5    b.  The department shall establish an Iowa marriage
  6  6 initiative grant program to fund services to support marriage
  6  7 and to encourage the formation and maintenance of two-parent
  6  8 families that are secure and nurturing.
  6  9    c.  The program shall require that a grantee be a nonprofit
  6 10 organization incorporated in this state with successful
  6 11 experience in facilitating marriage promotion activities,
  6 12 working with various faith-based organizations and the leaders
  6 13 of the organizations, using media resources in promoting
  6 14 marriage, making presentations to service and faith-based
  6 15 organizations, and in raising private funding for activities
  6 16 that support marriage.
  6 17    d.  The program activities funded by a grant shall include
  6 18 but are not limited to working with individuals who are
  6 19 authorized to solemnize a marriage under section 595.10 in
  6 20 utilizing premarital diagnostic tools, to implement marriage
  6 21 agreements developed by such individuals that provide for an
  6 22 appropriate engagement period and premarital and postmarital
  6 23 counseling, and to use volunteer mentors in program
  6 24 activities.
  6 25    e.  Grants shall be awarded in a manner that results in
  6 26 provision of services in an equal number of urban and rural
  6 27 geographic areas.  The department shall implement the grant
  6 28 program so that the request for proposals is issued on or
  6 29 before October 1, 2001, and so that any grants are awarded on
  6 30 or before January 1, 2002.  A grantee shall be required to
  6 31 submit a quarterly financial report to the department and to
  6 32 the legislative fiscal bureau and shall be subject to an
  6 33 annual independent evaluation to assess accomplishment of the
  6 34 purposes listed in paragraph "b".
  6 35    f.  The department shall provide a copy of the request for
  7  1 proposals and shall submit a report concerning the proposals
  7  2 received and grants awarded to those persons designated by
  7  3 this Act to receive reports.  The department may adopt
  7  4 emergency rules to implement the provisions of this
  7  5 subsection.
  7  6    18.  The department shall report on or before December 15,
  7  7 2001, to the governor and to the persons designated by this
  7  8 Act to receive reports providing a detailed analysis as to how
  7  9 federal temporary assistance for needy families block grant
  7 10 funding was expended during the previous fiscal year to
  7 11 achieve the four purposes for the funding as outlined in 42
  7 12 U.S.C. } 601(a).  For each category of expenditure, the
  7 13 analysis shall identify which of the four purposes was
  7 14 addressed and the amount expended.
  7 15    Of the amounts appropriated in this section, $11,612,112
  7 16 for the fiscal year beginning July 1, 2001, shall be
  7 17 transferred to the appropriation of the federal social
  7 18 services block grant for that fiscal year.
  7 19    Eligible funding available under the federal temporary
  7 20 assistance for needy families block grant that is not
  7 21 appropriated or not otherwise expended shall be considered
  7 22 reserved for economic downturns and welfare reform purposes
  7 23 and is subject to further state appropriation to support
  7 24 families in their movement toward self-sufficiency.
  7 25    Sec. 3.  FAMILY INVESTMENT PROGRAM ACCOUNT.
  7 26    1.  Moneys credited to the family investment program (FIP)
  7 27 account for the fiscal year beginning July 1, 2001, and ending
  7 28 June 30, 2002, shall be used in accordance with the following
  7 29 requirements:
  7 30    a.  The department shall provide assistance in accordance
  7 31 with chapter 239B.
  7 32    b.  The department shall continue the special needs program
  7 33 under the family investment program.
  7 34    c.  The department shall continue to comply with federal
  7 35 welfare reform data requirements pursuant to the
  8  1 appropriations made for that purpose.
  8  2    d.  The department shall continue to make entrepreneurial
  8  3 training available to families receiving assistance under the
  8  4 family investment program.  The department may contract for
  8  5 these services.
  8  6    e.  (1)  The department shall continue expansion of the
  8  7 electronic benefit transfer program as necessary to comply
  8  8 with federal requirements.  Notwithstanding 1998 Iowa Acts,
  8  9 chapter 1218, section 5, subsection 1, paragraph "d", 1999
  8 10 Iowa Acts, chapter 203, section 5, subsection 1, paragraph
  8 11 "d", and 2000 Iowa Acts, chapter 1228, section 4, subsection
  8 12 1, paragraph "e", the target date for statewide implementation
  8 13 of the program is October 1, 2002.
  8 14    (2)  It is the intent of the general assembly that the
  8 15 electronic benefits transfer program shall include the
  8 16 capability for child care service providers to submit billings
  8 17 electronically and to receive payment through electronic funds
  8 18 transfer, and the capability to include electronic
  8 19 verification of medical assistance eligibility.
  8 20    (3)  It is the intent of the general assembly that
  8 21 electronic funds transfer system equipment provided by a
  8 22 retailer participating in the program shall be utilized to the
  8 23 extent practicable for electronic benefits transfer
  8 24 transactions for the purchase of food from the retailer.
  8 25    2.  Notwithstanding 2000 Iowa Acts, chapter 1226, section
  8 26 5, subsection 4, moneys allocated for electronic benefit
  8 27 transfer development pursuant to 2000 Iowa Acts, chapter 1226,
  8 28 section 5, subsection 2, paragraph "e", subparagraph (9),
  8 29 which remain unobligated or unexpended at the close of the
  8 30 fiscal year shall not revert to the general fund of the state
  8 31 but shall remain available for the purposes designated in the
  8 32 succeeding fiscal year.
  8 33    3.  The department may use a portion of the moneys credited
  8 34 to the family investment account under this section, as
  8 35 necessary for salaries, support, maintenance, and
  9  1 miscellaneous purposes for not more than the following full-
  9  2 time equivalent positions which are in addition to any other
  9  3 full-time equivalent positions authorized by this Act:  
  9  4 ............................................... FTEs       8.00
  9  5    4.  The department may transfer funds in accordance with
  9  6 section 8.39, either federal or state, to or from the child
  9  7 care appropriations made for the fiscal year beginning July 1,
  9  8 2001, if the department deems this would be a more effective
  9  9 method of paying for JOBS program child care, to maximize
  9 10 federal funding, or to meet federal maintenance of effort
  9 11 requirements.
  9 12    5.  Moneys appropriated in this Act and credited to the
  9 13 family investment program account for the fiscal year
  9 14 beginning July 1, 2001, and ending June 30, 2002, are
  9 15 allocated as follows:
  9 16    a.  For the family development and self-sufficiency grant
  9 17 program as provided under section 217.12:  
  9 18 .................................................. $  5,697,825
  9 19    (1)  Of the funds allocated for the family development and
  9 20 self-sufficiency grant program in this lettered paragraph, not
  9 21 more than 5 percent of the funds shall be used for the
  9 22 administration of the grant program.
  9 23    (2)  Based upon the annual evaluation report concerning
  9 24 each grantee funded by previously appropriated funds and
  9 25 through the solicitation of additional grant proposals, the
  9 26 family development and self-sufficiency council may use the
  9 27 allocated funds to renew or expand existing grants or award
  9 28 new grants.  In utilizing the funding allocated in this
  9 29 lettered paragraph, the council shall give consideration, in
  9 30 addition to other criteria established by the council, to a
  9 31 grantee's intended use of local funds with a grant and to
  9 32 whether approval of a grant proposal would expand the
  9 33 availability of the program's services.
  9 34    (3)  Family development and self-sufficiency grantees shall
  9 35 not supplant previous local funding with state or federal
 10  1 funds.
 10  2    (4)  The department shall continue to implement the family
 10  3 development and self-sufficiency grant program statewide
 10  4 during FY 2001-2002.
 10  5    b.  For income maintenance reengineering:  
 10  6 .................................................. $    700,000
 10  7    c.  For the diversion program and incentive grants as
 10  8 follows:
 10  9    (1)  For the diversion subaccount of the family investment
 10 10 program account:  
 10 11 .................................................. $  3,200,000
 10 12    Moneys allocated to the diversion subaccount shall be used
 10 13 to continue the pilot initiative of providing incentives to
 10 14 assist families who meet income eligibility requirements for
 10 15 the family investment program in obtaining or retaining
 10 16 employment, to assist participant families in overcoming
 10 17 barriers to obtaining employment, and to assist families in
 10 18 stabilizing employment and in reducing the likelihood of the
 10 19 family returning to the family investment program.  Incentives
 10 20 may be provided in the form of payment or services.  The
 10 21 department may limit the availability of the pilot initiative
 10 22 on the basis of geographic area or numbers of individuals
 10 23 provided with incentives.  The department shall attempt to
 10 24 assess and screen individuals who would most likely benefit
 10 25 from the services.  The department shall continue the
 10 26 diversion initiative in the fiscal year 2001-2002.  In
 10 27 addition to the full-time equivalent positions authorized in
 10 28 this Act, 1.00 FTE is authorized and the department may use
 10 29 funds allocated for the diversion program to facilitate
 10 30 community investment in welfare reform and to support
 10 31 continuation of the diversion program.  The department may
 10 32 grant diversion moneys to the level of the entity operating an
 10 33 initiative.  The department may adopt additional eligibility
 10 34 criteria as necessary for compliance with federal law and for
 10 35 screening those families who would be most likely to become
 11  1 eligible for the family investment program if diversion
 11  2 incentives would not be provided.
 11  3    (2)  For continuation of innovative strategies on a
 11  4 statewide or pilot project basis for supporting job retention,
 11  5 family structure, or both, including services to noncustodial
 11  6 parents and young parents:  
 11  7 .................................................. $    650,000
 11  8    (3)  Of the moneys allocated in subparagraph (2), not more
 11  9 than $250,000 shall be used to develop or continue community-
 11 10 level parental obligation pilot projects.  A pilot project
 11 11 shall be operated with the goal of assisting parents who are
 11 12 living apart in meeting their parental obligations and in
 11 13 supporting their children.  A pilot project may also seek to
 11 14 prevent the separation of families by including families at
 11 15 risk of separation in project services.  Any pilot project
 11 16 shall maximize the use of existing community resources for
 11 17 family counseling, legal services, mediation, job training and
 11 18 job skills development, substance abuse treatment and
 11 19 prevention, health maintenance, and personal mentoring.  Local
 11 20 communities shall also be encouraged to provide financial
 11 21 resources.
 11 22    (a)  Notwithstanding any other provision of law to the
 11 23 contrary, the department shall develop procedures for the
 11 24 pilot projects to expedite all of the following:
 11 25    (i)  The establishment and adjustment of support
 11 26 obligations, with the consent of both parents, in a manner
 11 27 which may deviate from the child support guidelines.
 11 28    (ii)  Changes in income withholding orders based on
 11 29 individual case circumstances.
 11 30    (iii)  Satisfaction of a portion of support amounts owed to
 11 31 the state based on cooperation and compliance by the
 11 32 noncustodial parent with project requirements.
 11 33    (iv)  Adjustment of visitation and shared custody
 11 34 arrangements in a manner which enhances the ability of each
 11 35 parent to meet parental obligations.
 12  1    (b)  The department shall adopt rules for the development,
 12  2 operation, and monitoring of a project; to establish the
 12  3 minimum required amount of community support; to establish
 12  4 expedited procedures; and to establish other criteria and
 12  5 procedures as appropriate.
 12  6    (c)  The department shall use the funds authorized in this
 12  7 subparagraph to employ 1.00 full-time equivalent position to
 12  8 manage the pilot project or projects.  The department shall
 12  9 also use the authorized funds to employ other full-time
 12 10 equivalent positions or to provide services, as necessary, to
 12 11 assist in the coordination, development, and operation of
 12 12 community-level pilot projects and to achieve the expedited
 12 13 procedures established.  Any full-time equivalent positions
 12 14 authorized in this subparagraph subdivision are in addition to
 12 15 any other full-time equivalent positions authorized by law.
 12 16    (4)  Of the moneys allocated in subparagraph (2), not more
 12 17 than $200,000 shall be used to continue to study the impact
 12 18 that moving unemployed family investment program parents into
 12 19 employment has on the well-being of the children, the parent,
 12 20 and the family.  The department shall include in this well-
 12 21 being study a method of actual contact with the families and
 12 22 children, and shall consider broad-based impacts, such as
 12 23 educational achievement, health status, housing stability,
 12 24 family stability, and use of supportive social services.  The
 12 25 department shall also seek funding through foundations and the
 12 26 federal government in order to supplement the funding for this
 12 27 study.  The results of the study shall be submitted to the
 12 28 persons required by this Act to receive reports.
 12 29    (5)  Of the moneys allocated in subparagraph (2), not more
 12 30 than $100,000 shall be used for providing additional incentive
 12 31 payments to contracted agencies who demonstrate success at
 12 32 completing well-being visits for families terminated from the
 12 33 family investment program under a limited benefit plan.  The
 12 34 department shall use these funds to increase payments to
 12 35 agencies who complete a higher percentage of well-being
 13  1 visits, who achieve a significant percentage of visits in a
 13  2 face-to-face format, or who are able to observe and interact
 13  3 with the children during a significant percentage of visits.
 13  4    d.  For the food stamp employment and training program:  
 13  5 .................................................. $    150,000
 13  6    6.  Of the child support collections assigned under the
 13  7 family investment program, an amount equal to the federal
 13  8 share of support collections shall be credited to the child
 13  9 support recovery appropriation.  Of the remainder of the
 13 10 assigned child support collections received by the child
 13 11 support recovery unit, a portion shall be credited to the
 13 12 family investment program account and a portion may be used to
 13 13 increase recoveries.
 13 14    7.  The department may adopt emergency administrative rules
 13 15 for the family investment, food stamp, and medical assistance
 13 16 programs, if necessary, to comply with federal requirements.
 13 17 Prior to adoption of the rules, the department shall consult
 13 18 with the welfare reform council and the chairpersons and
 13 19 ranking members of the joint appropriations subcommittee on
 13 20 human services.
 13 21    8.  The department may continue the initiative to
 13 22 streamline and simplify the employer verification process for
 13 23 applicants, participants, and employers in the administration
 13 24 of the department's programs.  The department may contract
 13 25 with companies collecting data from employers when the
 13 26 information is needed in the administration of these programs.
 13 27 The department may limit the availability of the initiative on
 13 28 the basis of geographic area or number of individuals.
 13 29    9.  The department may adopt emergency rules to increase
 13 30 the mileage rate reimbursement paid to JOBS program
 13 31 participants above the current rate of 16 cents per mile.
 13 32    10.  The department may adopt emergency rules to implement
 13 33 2001 Iowa Acts, Senate File 198, that extends the time
 13 34 limitation for funding of postsecondary education for family
 13 35 investment program participants, if enacted by the Seventy-
 14  1 ninth General Assembly, 2001 Session.
 14  2    Sec. 4.  FAMILY INVESTMENT PROGRAM GENERAL FUND.  There is
 14  3 appropriated from the general fund of the state to the
 14  4 department of human services for the fiscal year beginning
 14  5 July 1, 2001, and ending June 30, 2002, the following amount,
 14  6 or so much thereof as is necessary, to be used for the purpose
 14  7 designated:
 14  8    To be credited to the family investment program account and
 14  9 used for family investment program assistance under chapter
 14 10 239B:  
 14 11 .................................................. $ 36,150,000
 14 12    1.  The department of workforce development, in
 14 13 consultation with the department of human services, shall
 14 14 continue to utilize recruitment and employment practices to
 14 15 include former and current family investment program
 14 16 recipients.
 14 17    2.  The department of human services shall continue to work
 14 18 with the department of workforce development and local
 14 19 community collaborative efforts to provide support services
 14 20 for family investment program participants.  The support
 14 21 services shall be directed to those participant families who
 14 22 would benefit from the support services and are likely to have
 14 23 success in achieving economic independence.
 14 24    3.  Of the funds appropriated in this section, $9,564,352
 14 25 is allocated for the JOBS program.
 14 26    4.  The department shall continue to work with religious
 14 27 organizations and other charitable institutions to increase
 14 28 the availability of host homes, referred to as second chance
 14 29 homes or other living arrangements under the federal Personal
 14 30 Responsibility and Work Opportunity Reconciliation Act of
 14 31 1996, Pub. L. No. 104-193, } 103.  The purpose of the homes or
 14 32 arrangements is to provide a supportive and supervised living
 14 33 arrangement for minor parents receiving assistance under the
 14 34 family investment program who, under chapter 239B, may receive
 14 35 assistance while living in an alternative setting other than
 15  1 with their parent or legal guardian.
 15  2    Sec. 5.  EMERGENCY ASSISTANCE.  There is appropriated from
 15  3 the general fund of the state to the department of human
 15  4 services for the fiscal year beginning July 1, 2001, and
 15  5 ending June 30, 2002, the following amount, or so much thereof
 15  6 as is necessary, to be used for the purpose designated:
 15  7    For emergency assistance to families with dependent
 15  8 children for homeless prevention programs:  
 15  9 .................................................. $     10,000
 15 10    1.  The emergency assistance provided for in this section
 15 11 and federal moneys appropriated for this purpose in this Act
 15 12 shall be available beginning October 1 of the fiscal year and
 15 13 shall be provided only if all other publicly funded resources
 15 14 have been exhausted.  Specifically, emergency assistance is
 15 15 the program of last resort and shall not supplant assistance
 15 16 provided by the low-income home energy assistance program
 15 17 (LIHEAP), county general relief, and veterans affairs
 15 18 programs.  The department shall establish a $500 maximum
 15 19 payment, per family, in a twelve-month period.  The emergency
 15 20 assistance includes, but is not limited to, assisting people
 15 21 who face eviction, potential eviction, or foreclosure, utility
 15 22 shutoff or fuel shortage, loss of heating energy supply or
 15 23 equipment, homelessness, utility or rental deposits, or other
 15 24 specified crisis which threatens family or living
 15 25 arrangements.  The emergency assistance shall be available to
 15 26 migrant families who would otherwise meet eligibility
 15 27 criteria.  The department may contract for the administration
 15 28 and delivery of the program.  The program shall be terminated
 15 29 when funds are exhausted.
 15 30    2.  For the fiscal year beginning July 1, 2001, the
 15 31 department shall continue the process for the state to receive
 15 32 refunds of utility and rent deposits, including any accrued
 15 33 interest, for emergency assistance recipients which were paid
 15 34 by persons other than the state.  The department shall also
 15 35 receive refunds, including any accrued interest, of assistance
 16  1 paid with funding available under this program.  The refunds
 16  2 received by the department under this subsection shall be
 16  3 deposited with the moneys of the appropriation made in this
 16  4 section and used as additional funds for the emergency
 16  5 assistance program.  Notwithstanding section 8.33, moneys
 16  6 received by the department under this subsection which remain
 16  7 after the emergency assistance program is terminated and state
 16  8 or federal moneys in the emergency assistance account which
 16  9 remain unobligated or unexpended at the close of the fiscal
 16 10 year shall not revert to the general fund of the state but
 16 11 shall remain available for expenditure when the program
 16 12 resumes operation on October 1 in the succeeding fiscal year.
 16 13    3.  Of the funds appropriated in this section, $10,000 is
 16 14 allocated to the community voice mail program to continue the
 16 15 existing program.  The funds shall be made available beginning
 16 16 July 1, 2001.  The community voice mail program shall submit
 16 17 semiannual reports to the department which, at a minimum,
 16 18 specify, on a county basis, the unduplicated number of
 16 19 households participating in the program for the previous six-
 16 20 month period.  The report shall be submitted no later than the
 16 21 last business day of the month immediately following the end
 16 22 of the six-month period.
 16 23    Sec. 6.  CHILD SUPPORT RECOVERY.  There is appropriated
 16 24 from the general fund of the state to the department of human
 16 25 services for the fiscal year beginning July 1, 2001, and
 16 26 ending June 30, 2002, the following amount, or so much thereof
 16 27 as is necessary, to be used for the purposes designated:
 16 28    For child support recovery, including salaries, support,
 16 29 maintenance, and miscellaneous purposes and for not more than
 16 30 the following full-time equivalent positions:  
 16 31 .................................................. $  6,700,000
 16 32 ............................................... FTEs     321.40
 16 33    1.  The director of human services, within the limitations
 16 34 of the moneys appropriated in this section, or moneys
 16 35 transferred from the family investment program account for
 17  1 this purpose, shall establish new positions and add employees
 17  2 to the child support recovery unit if the director determines
 17  3 that both the current and additional employees together can
 17  4 reasonably be expected to maintain or increase net state
 17  5 revenue at or beyond the budgeted level.
 17  6    2.  Nonpublic assistance application fees and other user
 17  7 fees received by the child support recovery unit are
 17  8 appropriated and shall be used for the purposes of the child
 17  9 support recovery program.  The director of human services may
 17 10 add positions within the limitations of the amount
 17 11 appropriated for salaries and support for the positions.
 17 12    3.  The director of human services, in consultation with
 17 13 the department of management and the legislative fiscal
 17 14 committee, is authorized to receive and deposit state child
 17 15 support incentive earnings in the manner specified under
 17 16 applicable federal requirements.
 17 17    4.  a.  The director of human services may establish new
 17 18 positions and add state employees to the child support
 17 19 recovery unit or contract for delivery of services if the
 17 20 director determines the employees are necessary to replace
 17 21 county-funded positions eliminated due to termination,
 17 22 reduction, or nonrenewal of a chapter 28E contract.  However,
 17 23 the director must also determine that the resulting increase
 17 24 in the state share of child support recovery incentives
 17 25 exceeds the cost of the positions or contract, the positions
 17 26 or contract are necessary to ensure continued federal funding
 17 27 of the program, or the new positions or contract can
 17 28 reasonably be expected to recover at least twice the amount of
 17 29 money necessary to pay the salaries and support for the new
 17 30 positions or the contract will generate at least 200 percent
 17 31 of the cost of the contract.
 17 32    b.  Employees in full-time positions that transition from
 17 33 county government to state government employment under this
 17 34 subsection are exempt from testing, selection, and appointment
 17 35 provisions of chapter 19A and from the provisions of
 18  1 collective bargaining agreements relating to the filling of
 18  2 vacant positions.
 18  3    5.  If initiated by the judicial branch, the child support
 18  4 recovery unit shall continue to work with the judicial branch
 18  5 to determine the feasibility of implementing a pilot project
 18  6 utilizing a court-appointed referee for judicial
 18  7 determinations on child support matters.  The extent and
 18  8 location of any pilot project shall be jointly developed by
 18  9 the judicial branch and the child support recovery unit.
 18 10    6.  Surcharges paid by obligors and received by the unit as
 18 11 a result of the referral of support delinquency by the child
 18 12 support recovery unit to any private collection agency are
 18 13 appropriated to the department and shall be used to pay the
 18 14 costs of any contracts with the collection agencies.
 18 15    7.  The department shall expend up to $51,000, including
 18 16 federal financial participation, for the fiscal year beginning
 18 17 July 1, 2001, for a child support public awareness campaign.
 18 18 The department and the office of the attorney general shall
 18 19 cooperate in continuation of the campaign.  The public
 18 20 awareness campaign shall emphasize, through a variety of media
 18 21 activities, the importance of maximum involvement of both
 18 22 parents in the lives of their children as well as the
 18 23 importance of payment of child support obligations.
 18 24    8.  Federal access and visitation grant moneys shall be
 18 25 issued directly to private not-for-profit agencies that
 18 26 provide services designed to increase compliance with the
 18 27 child access provisions of court orders, including but not
 18 28 limited to neutral visitation site and mediation services.
 18 29    Sec. 7.  MEDICAL ASSISTANCE.  There is appropriated from
 18 30 the general fund of the state to the department of human
 18 31 services for the fiscal year beginning July 1, 2001, and
 18 32 ending June 30, 2002, the following amount, or so much thereof
 18 33 as is necessary, to be used for the purpose designated:
 18 34    For medical assistance reimbursement and associated costs
 18 35 as specifically provided in the reimbursement methodologies in
 19  1 effect on June 30, 2001 except as otherwise expressly
 19  2 authorized by law, including reimbursement for abortion
 19  3 services, which shall be available under the medical
 19  4 assistance program only for those abortions which are
 19  5 medically necessary:  
 19  6 .................................................. $413,150,000
 19  7    1.  Medically necessary abortions are those performed under
 19  8 any of the following conditions:
 19  9    a.  The attending physician certifies that continuing the
 19 10 pregnancy would endanger the life of the pregnant woman.
 19 11    b.  The attending physician certifies that the fetus is
 19 12 physically deformed, mentally deficient, or afflicted with a
 19 13 congenital illness.
 19 14    c.  The pregnancy is the result of a rape which is reported
 19 15 within 45 days of the incident to a law enforcement agency or
 19 16 public or private health agency which may include a family
 19 17 physician.
 19 18    d.  The pregnancy is the result of incest which is reported
 19 19 within 150 days of the incident to a law enforcement agency or
 19 20 public or private health agency which may include a family
 19 21 physician.
 19 22    e.  Any spontaneous abortion, commonly known as a
 19 23 miscarriage, if not all of the products of conception are
 19 24 expelled.
 19 25    2.  Notwithstanding section 8.39, the department may
 19 26 transfer funds appropriated in this section to a separate
 19 27 account established in the department's case management unit
 19 28 for expenditures required to provide case management services
 19 29 for mental health, mental retardation, and developmental
 19 30 disabilities services under medical assistance which are
 19 31 jointly funded by the state and county, pending final
 19 32 settlement of the expenditures.  Funds received by the case
 19 33 management unit in settlement of the expenditures shall be
 19 34 used to replace the transferred funds and are available for
 19 35 the purposes for which the funds were appropriated in this
 20  1 section.
 20  2    3.  a.  The county of legal settlement shall be billed for
 20  3 50 percent of the nonfederal share of the cost of case
 20  4 management provided for adults, day treatment, and partial
 20  5 hospitalization in accordance with sections 249A.26 and
 20  6 249A.27, and 100 percent of the nonfederal share of the cost
 20  7 of care for adults which is reimbursed under a federally
 20  8 approved home and community-based waiver that would otherwise
 20  9 be approved for provision in an intermediate care facility for
 20 10 persons with mental retardation, provided under the medical
 20 11 assistance program.  The state shall have responsibility for
 20 12 the remaining 50 percent of the nonfederal share of the cost
 20 13 of case management provided for adults, day treatment, and
 20 14 partial hospitalization.  For persons without a county of
 20 15 legal settlement, the state shall have responsibility for 100
 20 16 percent of the nonfederal share of the costs of case
 20 17 management provided for adults, day treatment, partial
 20 18 hospitalization, and the home and community-based waiver
 20 19 services.  The case management services specified in this
 20 20 subsection shall be billed to a county only if the services
 20 21 are provided outside of a managed care contract.
 20 22    b.  The state shall pay the entire nonfederal share of the
 20 23 costs for case management services provided to persons 17
 20 24 years of age and younger who are served in a medical
 20 25 assistance home and community-based waiver program for persons
 20 26 with mental retardation.
 20 27    c.  Medical assistance funding for case management services
 20 28 for eligible persons 17 years of age and younger shall also be
 20 29 provided to persons residing in counties with child welfare
 20 30 decategorization projects implemented in accordance with
 20 31 section 232.188, provided these projects have included these
 20 32 persons in their service plan and the decategorization project
 20 33 county is willing to provide the nonfederal share of costs.
 20 34    d.  When paying the necessary and legal expenses of
 20 35 intermediate care facilities for persons with mental
 21  1 retardation (ICFMR), the cost payment requirements of section
 21  2 222.60 shall be considered fulfilled when payment is made in
 21  3 accordance with the medical assistance payment rates
 21  4 established for ICFMRs by the department and the state or a
 21  5 county of legal settlement is not obligated for any amount in
 21  6 excess of the rates.
 21  7    e.  The department shall revise the provisions of the home
 21  8 and community-based waiver for persons with brain injury to
 21  9 eliminate the eligibility requirement that a person must have
 21 10 been a resident of a medical institution for at least thirty
 21 11 consecutive days at the time of initial application.  Unless a
 21 12 county has paid or is paying for the nonfederal share of the
 21 13 cost of a person's home and community-based waiver services or
 21 14 ICFMR placement under the county's mental health, mental
 21 15 retardation, and developmental disabilities services fund, or
 21 16 unless a county of legal settlement would become liable for
 21 17 the costs of services at the ICFMR level of care for a person
 21 18 due to the person reaching the age of majority, the state
 21 19 shall pay the nonfederal share of the costs of an eligible
 21 20 person's services under the home and community-based waiver
 21 21 for persons with brain injury.
 21 22    4.  The department shall utilize not more than $60,000 of
 21 23 the funds appropriated in this section to continue the
 21 24 AIDS/HIV health insurance premium payment program as
 21 25 established in 1992 Iowa Acts, Second Extraordinary Session,
 21 26 Chapter 1001, section 409, subsection 6.  Of the funds
 21 27 allocated in this subsection, not more than $5,000 may be
 21 28 expended for administrative purposes.
 21 29    5.  Of the funds appropriated to the Iowa department of
 21 30 public health for substance abuse grants, $950,000 for the
 21 31 fiscal year beginning July 1, 2001, shall be transferred to
 21 32 the department of human services for an integrated substance
 21 33 abuse managed care system.
 21 34    6.  In administering the medical assistance home and
 21 35 community-based waiver for persons with physical disabilities,
 22  1 the total number of openings for persons with physical
 22  2 disabilities served at any one time shall be limited to the
 22  3 number approved in the waiver by the secretary of the United
 22  4 States department of health and human services.  The openings
 22  5 shall be available on a first-come, first-served basis.
 22  6    7.  The department of human services, in consultation with
 22  7 the Iowa department of public health and the department of
 22  8 education, shall continue the program to utilize the early and
 22  9 periodic screening, diagnosis, and treatment (EPSDT) funding
 22 10 under medical assistance, to the extent possible, to implement
 22 11 the screening component of the EPSDT program through the
 22 12 school system.  The department may enter into contracts to
 22 13 utilize maternal and child health centers, the public health
 22 14 nursing program, or school nurses in implementing this
 22 15 provision.
 22 16    8.  The department shall continue the case study for
 22 17 outcome-based performance standards for programs serving
 22 18 persons with mental retardation or other developmental
 22 19 disabilities proposed pursuant to 1994 Iowa Acts, chapter
 22 20 1170, section 56.
 22 21    9.  The department shall continue the medical assistance
 22 22 home and community-based services waiver to allow children
 22 23 with mental retardation, who would otherwise require ICF/MR
 22 24 care, to be served in out-of-home settings of up to eight beds
 22 25 which meet standards established by the department.  Up to
 22 26 $1,487,314 of the funds appropriated in this section may be
 22 27 used for the costs of the waiver.
 22 28    10.  The department shall continue working with county
 22 29 representatives in aggressively implementing the
 22 30 rehabilitation option for services to persons with chronic
 22 31 mental illness under the medical assistance program, and
 22 32 county funding shall be used to provide the match for the
 22 33 federal funding, except for individuals with state case
 22 34 status, for whom state funding shall provide the match.
 22 35    11.  If the health care financing administration approves a
 23  1 waiver request from the department, the department shall
 23  2 provide a period of 24 months of guaranteed eligibility for
 23  3 medical assistance family planning services, regardless of the
 23  4 change in circumstances of a woman who was a medical
 23  5 assistance recipient when a pregnancy ended.
 23  6    12.  The department shall aggressively pursue options for
 23  7 providing medical assistance or other assistance to
 23  8 individuals with special needs who become ineligible to
 23  9 continue receiving services under the early and periodic,
 23 10 screening, diagnosis, and treatment program under the medical
 23 11 assistance program due to becoming 21 years of age, who have
 23 12 been approved for additional assistance through the
 23 13 department's exception to policy provisions, but who have
 23 14 health care needs in excess of the funding available through
 23 15 the exception to policy process.
 23 16    13.  Of the moneys appropriated in this section, $200,000
 23 17 shall be used to increase reimbursement of child protection
 23 18 centers.
 23 19    14.  The department shall adopt rules to provide that an
 23 20 individual applying for the medically needy program is not
 23 21 required to reapply for the program unless the individual's
 23 22 income as disclosed in the initial application changes.  The
 23 23 rules shall also provide that to the greatest extent possible,
 23 24 the application and continuing eligibility requirements for
 23 25 all medical assistance-related programs shall be consistent.
 23 26    15.  If federal funding is received, the department may
 23 27 participate in a federal home telecare pilot program intended
 23 28 to manage health care needs of subpopulations of Iowans and
 23 29 specifically including subpopulations of Iowans who require
 23 30 high utilization of health care services and represent a
 23 31 disproportionate share of consumption of health care services.
 23 32 The program shall be implemented as a collaboration of public,
 23 33 private, and academic participants and may include the
 23 34 participation of the department of human services, the
 23 35 department of elder affairs, and the Iowa department of public
 24  1 health, with the intent of showing cost savings in proactively
 24  2 managing diseases of selective populations through the
 24  3 utilization of communications technology and management
 24  4 protocols.  The program may direct telecare services to
 24  5 persons with diagnoses of specific nonacute, chronic illnesses
 24  6 which may include but are not limited to chronic obstructive
 24  7 pulmonary disease, congestive heart disease, diabetes, and
 24  8 asthma.  The telecare program may provide a proactive call
 24  9 center staffed by appropriate, licensed health care providers
 24 10 equipped with disease management protocols.  For the purposes
 24 11 of this section, "telecare" shall include but is not limited
 24 12 to the interactive delivery of diagnostic, clinical,
 24 13 consultative, data, and educational services utilizing a
 24 14 transmission network which may include but is not limited to
 24 15 the live transmission of audio and video data.
 24 16    16.  The department, in cooperation with the drug
 24 17 utilization review commission, shall review the use of
 24 18 nonsedating antihistamines for children and shall submit a
 24 19 report to the governor and the general assembly on or before
 24 20 November 15, 2001, regarding such use and providing a
 24 21 recommendation regarding the application of prior
 24 22 authorization requirements to these drugs.
 24 23    Sec. 8.  HEALTH INSURANCE PREMIUM PAYMENT PROGRAM.  There
 24 24 is appropriated from the general fund of the state to the
 24 25 department of human services for the fiscal year beginning
 24 26 July 1, 2001, and ending June 30, 2002, the following amount,
 24 27 or so much thereof as is necessary, to be used for the purpose
 24 28 designated:
 24 29    For administration of the health insurance premium payment
 24 30 program, including salaries, support, maintenance, and
 24 31 miscellaneous purposes, and for not more than the following
 24 32 full-time equivalent positions:  
 24 33 .................................................. $    600,000
 24 34 ............................................... FTEs      22.00
 24 35    Sec. 9.  CHILDREN'S HEALTH INSURANCE PROGRAM.  There is
 25  1 appropriated from the general fund of the state to the
 25  2 department of human services for the fiscal year beginning
 25  3 July 1, 2001, and ending June 30, 2002, the following amount,
 25  4 or so much thereof as is necessary, to be used for the purpose
 25  5 designated:
 25  6    For maintenance of the healthy and well kids in Iowa (HAWK-
 25  7 I) program pursuant to chapter 514I for receipt of federal
 25  8 financial participation under Title XXI of the federal Social
 25  9 Security Act, which creates the state children's health
 25 10 insurance program:  
 25 11 .................................................. $  8,400,000
 25 12    1.  The department may transfer funds appropriated in this
 25 13 section to be used for the purpose of expanding health care
 25 14 coverage to children under the medical assistance program.
 25 15 The department shall provide periodic updates to the general
 25 16 assembly of expenditures of funds appropriated in this
 25 17 section.
 25 18    2.  The department shall provide a report to the HAWK-I
 25 19 board and to the general assembly by January 15, 2002,
 25 20 specifying the actual cost reported by each participating
 25 21 insurer of providing monthly coverage to eligible children
 25 22 under the children's health insurance program.
 25 23    3.  Moneys in the HAWK-I trust fund are appropriated and
 25 24 shall be used to offset any program costs for the fiscal year
 25 25 beginning July 1, 2001, and ending June 30, 2002.
 25 26    4.  The department of human services shall seek a waiver
 25 27 from the health care financing administration of the United
 25 28 States department of health and human services to permit
 25 29 families with children who are eligible for medical assistance
 25 30 to elect to participate under the HAWK-I program in lieu of
 25 31 participation in the medical assistance program.  If the
 25 32 waiver is approved, the department shall implement the
 25 33 provision.
 25 34    Sec. 10.  MEDICAL CONTRACTS.  There is appropriated from
 25 35 the general fund of the state to the department of human
 26  1 services for the fiscal year beginning July 1, 2001, and
 26  2 ending June 30, 2002, the following amount, or so much thereof
 26  3 as is necessary, to be used for the purpose designated:
 26  4    For medical contracts:  
 26  5 .................................................. $  8,700,000
 26  6    1.  The department shall receive input and recommendations
 26  7 from the chairpersons and ranking members of the joint
 26  8 appropriations subcommittee on human services prior to
 26  9 entering into or extending any managed care contract for
 26 10 mental health or substance abuse services.
 26 11    2.  The director of human services may establish up to 8.00
 26 12 full-time equivalent positions to be assigned to the medical
 26 13 review unit and pharmacy unit of the fiscal agent if the
 26 14 director determines the employees are necessary to replace
 26 15 fiscal agent positions of the professional medical review
 26 16 staff and pharmacy staff, contingent upon termination of those
 26 17 staff positions with the fiscal agent.  Employees in full-time
 26 18 positions that transition from private employment to state
 26 19 government employment under this unnumbered paragraph are
 26 20 exempt from testing, selection, and appointment provisions of
 26 21 chapter 19A and from provisions of collective bargaining
 26 22 agreements relating to the filling of positions.
 26 23    In any managed care contract for mental health or substance
 26 24 abuse services entered into or extended by the department on
 26 25 or after July 1, 2001, the request for proposals shall provide
 26 26 for coverage of dual diagnosis mental health and substance
 26 27 abuse treatment provided at the state mental health institute
 26 28 at Mount Pleasant.  To the extent possible, the department
 26 29 shall also amend any such contract existing on July 1, 2001,
 26 30 to provide for such coverage.
 26 31    Sec. 11.  STATE SUPPLEMENTARY ASSISTANCE.  There is
 26 32 appropriated from the general fund of the state to the
 26 33 department of human services for the fiscal year beginning
 26 34 July 1, 2001, and ending June 30, 2002, the following amount,
 26 35 or so much thereof as is necessary, to be used for the
 27  1 purposes designated:
 27  2    For state supplementary assistance, funeral assistance, and
 27  3 the medical assistance home and community-based services
 27  4 waiver rent subsidy program:  
 27  5 .................................................. $ 19,550,000
 27  6    1.  The department shall increase the personal needs
 27  7 allowance for residents of residential care facilities by the
 27  8 same percentage and at the same time as federal supplemental
 27  9 security income and federal social security benefits are
 27 10 increased due to a recognized increase in the cost of living.
 27 11 The department may adopt emergency rules to implement this
 27 12 subsection.
 27 13    2.  If during the fiscal year beginning July 1, 2001, the
 27 14 department projects that state supplementary assistance
 27 15 expenditures for a calendar year will not meet the federal
 27 16 pass-along requirement specified in Title XVI of the federal
 27 17 Social Security Act, section 1618, as codified in 42 U.S.C. }
 27 18 1382g, the department may take actions including but not
 27 19 limited to increasing the personal needs allowance for
 27 20 residential care facility residents and making programmatic
 27 21 adjustments or upward adjustments of the residential care
 27 22 facility or in-home health-related care reimbursement rates
 27 23 prescribed in this Act to ensure that federal requirements are
 27 24 met.  The department may adopt emergency rules to implement
 27 25 the provisions of this subsection.
 27 26    3.  The department may use up to $75,000 of the funds
 27 27 appropriated in this section for a rent subsidy program for
 27 28 adult persons to whom all of the following apply:
 27 29    a.  Are receiving assistance under a medical assistance
 27 30 home and community-based services (HCBS) waiver.
 27 31    b.  Were discharged from a medical institution in which
 27 32 they have resided or were at risk of institutional placement.
 27 33 Within available funding and demonstrated need, the department
 27 34 may make subsidy funds available to children receiving
 27 35 services under a HCBS waiver for individuals with mental
 28  1 retardation in residential-based supported community living
 28  2 and HCBS waiver-eligible adults meeting criteria in paragraph
 28  3 "a" and this paragraph at any time on or after July 1, 1995.
 28  4    The goal of the subsidy program shall be to encourage and
 28  5 assist in enabling persons who currently reside in a medical
 28  6 institution to move to a community living arrangement.  An
 28  7 eligible person may receive assistance in meeting their rental
 28  8 expense and, in the initial two months of eligibility, in
 28  9 purchasing necessary household furnishings and supplies.  The
 28 10 program shall be implemented so that it does not meet the
 28 11 federal definition of state supplementary assistance and will
 28 12 not impact the federal pass-along requirement specified in
 28 13 Title XVI of the federal Social Security Act, section 1618, as
 28 14 codified in 42 U.S.C. } 1382g.
 28 15    Sec. 12.  CHILD CARE ASSISTANCE.  There is appropriated
 28 16 from the general fund of the state to the department of human
 28 17 services for the fiscal year beginning July 1, 2001, and
 28 18 ending June 30, 2002, the following amount, or so much thereof
 28 19 as is necessary, to be used for the purpose designated:
 28 20    For child care programs:  
 28 21 ................................................. $  5,050,752
 28 22    1.  a.  Of the funds appropriated in this section,
 28 23 $4,414,111 shall be used for state child care assistance in
 28 24 accordance with section 237A.13.
 28 25    b.  During the 2001-2002 fiscal year, the moneys deposited
 28 26 in the child care credit fund created in section 237A.28 are
 28 27 appropriated to the department to be used for state child care
 28 28 assistance in accordance with section 237A.13, in addition to
 28 29 the moneys allocated for that purpose in paragraph "a".
 28 30    2.  Nothing in this section shall be construed or is
 28 31 intended as, or shall imply, a grant of entitlement for
 28 32 services to persons who are eligible for assistance due to an
 28 33 income level consistent with the waiting list requirements of
 28 34 section 237A.13.  Any state obligation to provide services
 28 35 pursuant to this section is limited to the extent of the funds
 29  1 appropriated in this section.
 29  2    3.  Of the funds appropriated in this section, $636,641 is
 29  3 allocated for the statewide program for child care resource
 29  4 and referral services under section 237A.26.
 29  5    4.  The department may use any of the funds appropriated in
 29  6 this section as a match to obtain federal funds for use in
 29  7 expanding child care assistance and related programs.  For the
 29  8 purpose of expenditures of state and federal child care
 29  9 funding, funds shall be considered obligated at the time
 29 10 expenditures are projected or are allocated to the
 29 11 department's regions.  Projections shall be based on current
 29 12 and projected caseload growth, current and projected provider
 29 13 rates, staffing requirements for eligibility determination and
 29 14 management of program requirements including data systems
 29 15 management, staffing requirements for administration of the
 29 16 program, contractual and grant obligations and any transfers
 29 17 to other state agencies, and obligations for decategorization
 29 18 or innovation projects.
 29 19    Sec. 13.  JUVENILE INSTITUTIONS.  There is appropriated
 29 20 from the general fund of the state to the department of human
 29 21 services for the fiscal year beginning July 1, 2001, and
 29 22 ending June 30, 2002, the following amounts, or so much
 29 23 thereof as is necessary, to be used for the purposes
 29 24 designated:
 29 25    1.  For operation of the Iowa juvenile home at Toledo:  
 29 26 .................................................. $  6,707,500
 29 27 ............................................... FTEs     140.54
 29 28    It is the intent of the general assembly that beginning in
 29 29 the fiscal year commencing on July 1, 2002, the Iowa juvenile
 29 30 home at Toledo will serve only females.  The department shall
 29 31 develop a plan which includes options for relocating the males
 29 32 at the Iowa juvenile home at Toledo.  The options shall
 29 33 include but are not limited to developing a child in need of
 29 34 assistance program for males at the state training school at
 29 35 Eldora.
 30  1    The moneys appropriated in this subsection include funding
 30  2 for a parking lot project developed in cooperation with the
 30  3 city of Toledo and for two additional security guard staff
 30  4 positions.
 30  5    2.  For operation of the state training school at Eldora:  
 30  6 .................................................. $ 10,870,000
 30  7 ............................................... FTEs     229.53
 30  8    3.  During the fiscal year beginning July 1, 2001, the
 30  9 population levels at the state juvenile institutions shall not
 30 10 exceed the population guidelines established under 1990 Iowa
 30 11 Acts, chapter 1239, section 21, as adjusted for additional
 30 12 beds developed at the institutions.
 30 13    4.  A portion of the moneys appropriated in this section
 30 14 shall be used by the state training school and by the Iowa
 30 15 juvenile home for grants for adolescent pregnancy prevention
 30 16 activities at the institutions in the fiscal year beginning
 30 17 July 1, 2001.
 30 18    5.  Within the amounts appropriated in this section, the
 30 19 department may transfer funds as necessary to best fulfill the
 30 20 needs of the institutions provided for in the appropriation.
 30 21    6.  If the department receives notice from the department
 30 22 of inspections and appeals or any other entity that certifies
 30 23 a juvenile institution's compliance with certification
 30 24 requirements or determines compliance with regulatory
 30 25 requirements, that a juvenile institution has been found or
 30 26 cited for being out of compliance with a requirement, the
 30 27 department shall report the notice to those persons designated
 30 28 by this Act to receive reports.  The report shall be made
 30 29 within thirty days of the date the notice was received by the
 30 30 department.
 30 31    Sec. 14.  CHILD AND FAMILY SERVICES.  There is appropriated
 30 32 from the general fund of the state to the department of human
 30 33 services for the fiscal year beginning July 1, 2001, and
 30 34 ending June 30, 2002, the following amount, or so much thereof
 30 35 as is necessary, to be used for the purpose designated:
 31  1    For child and family services:  
 31  2 .................................................. $106,000,000
 31  3    1.  The department may transfer funds appropriated in this
 31  4 section as necessary to pay the nonfederal costs of services
 31  5 reimbursed under medical assistance or the family investment
 31  6 program which are provided to children who would otherwise
 31  7 receive services paid under the appropriation in this section.
 31  8 The department may transfer funds appropriated in this section
 31  9 to the appropriations in this Act for general administration
 31 10 and for field operations for resources necessary to implement
 31 11 and operate the services funded in this section.
 31 12    2.  a.  Of the funds appropriated in this section, up to
 31 13 $28,137,020 is allocated as the statewide expenditure target
 31 14 under section 232.143 for group foster care maintenance and
 31 15 services.
 31 16    b.  If at any time after September 30, 2001, annualization
 31 17 of a region's current expenditures indicates a region is at
 31 18 risk of exceeding its group foster care expenditure target
 31 19 under section 232.143 by more than five percent, the
 31 20 department and juvenile court services shall examine all group
 31 21 foster care placements in that region in order to identify
 31 22 those which might be appropriate for termination.  In
 31 23 addition, any aftercare services believed to be needed for the
 31 24 children whose placements may be terminated shall be
 31 25 identified.  The department and juvenile court services shall
 31 26 initiate action to set dispositional review hearings for the
 31 27 placements identified.  In such a dispositional review
 31 28 hearing, the juvenile court shall determine whether needed
 31 29 aftercare services are available and whether termination of
 31 30 the placement is in the best interest of the child and the
 31 31 community.
 31 32    c.  (1)  Of the funds appropriated in this section, not
 31 33 more than $6,987,000 is allocated as the state match funding
 31 34 for psychiatric medical institutions for children.
 31 35    (2)  The department may transfer all or a portion of the
 32  1 amount allocated in this lettered paragraph for psychiatric
 32  2 medical institutions for children (PMICs) to the appropriation
 32  3 in this Act for medical assistance.
 32  4    d.  Of the funds allocated in this subsection, $1,354,063
 32  5 is allocated as the state match funding for 50 highly
 32  6 structured juvenile program beds.  If the number of beds
 32  7 provided for in this lettered paragraph is not utilized, the
 32  8 remaining funds allocated may be used for group foster care.
 32  9    e.  For the fiscal year beginning July 1, 2001, the
 32 10 requirements of section 232.143 applicable to the juvenile
 32 11 court and to representatives of the juvenile court shall be
 32 12 applicable instead to juvenile court services and to
 32 13 representatives of juvenile court services.  The
 32 14 representatives appointed by the department of human services
 32 15 and by juvenile court services to establish the plan to
 32 16 contain expenditures for children placed in group foster care
 32 17 ordered by the court within the budget target allocated to the
 32 18 region shall establish the plan in a manner so as to ensure
 32 19 the moneys allocated to the region under section 232.143 shall
 32 20 last the entire fiscal year.  Funds for a child placed in
 32 21 group foster care shall be considered encumbered for the
 32 22 duration of the child's projected or actual length of stay,
 32 23 whichever is applicable.
 32 24    3.  The department shall continue the goal that not more
 32 25 than 15 percent of the children placed in foster care funded
 32 26 under the federal Social Security Act, Title IV-E, may be
 32 27 placed in foster care for a period of more than 24 months.
 32 28    4.  In accordance with the provisions of section 232.188,
 32 29 the department shall continue the program to decategorize
 32 30 child welfare services funding in additional counties or
 32 31 clusters of counties.
 32 32    5.  A portion of the funding appropriated in this section
 32 33 may be used for emergency family assistance to provide other
 32 34 resources required for a family participating in a family
 32 35 preservation or reunification project to stay together or to
 33  1 be reunified.
 33  2    6.  Notwithstanding section 234.35, subsection 1, for the
 33  3 fiscal year beginning July 1, 2001, state funding for shelter
 33  4 care paid pursuant to section 234.35, subsection 1, paragraph
 33  5 "h", shall be limited to $7,513,084.
 33  6    7.  Of the funding appropriated in this section, up to
 33  7 $617,079 may be used as determined by the department for any
 33  8 of the following purposes:
 33  9    a.  For general administration of the department to improve
 33 10 staff training efforts.
 33 11    b.  For oversight of termination of parental rights and
 33 12 permanency planning efforts on a statewide basis.
 33 13    c.  For personnel, assigned by the attorney general, to
 33 14 provide additional services relating to termination of
 33 15 parental rights and child in need of assistance cases.
 33 16    d.  For specialized permanency planning field operations
 33 17 staff.
 33 18    8.  The department may adopt administrative rules following
 33 19 consultation with child welfare services providers to
 33 20 implement outcome-based child welfare services pilot projects.
 33 21 The rules may include, but are not limited to, the development
 33 22 of program descriptions, provider licensing and certification
 33 23 standards, reimbursement and payment amounts, contract
 33 24 requirements, assessment and service necessity requirements,
 33 25 eligibility criteria, claims submission procedures, and
 33 26 accountability standards.
 33 27    9.  The department shall continue to make adoption
 33 28 presubsidy and adoption subsidy payments to adoptive parents
 33 29 at the beginning of the month for the current month.  If the
 33 30 department receives any bonus or incentive payments from the
 33 31 federal government relating to adoption that may be used to
 33 32 supplement state funds, the department shall use a minimum of
 33 33 $44,750 of such moneys for adoption recruitment.
 33 34    10.  Federal funds received by the state during the fiscal
 33 35 year beginning July 1, 2001, as the result of the expenditure
 34  1 of state funds appropriated during a previous state fiscal
 34  2 year for a service or activity funded under this section,
 34  3 shall be used as additional funding for services provided
 34  4 under this section.  Notwithstanding section 8.33, moneys
 34  5 received by the department in accordance with the provisions
 34  6 of this subsection shall remain available for the purposes
 34  7 designated until June 30, 2003.
 34  8    11.  The department and juvenile court services shall
 34  9 continue to develop criteria for the department regional
 34 10 administrator and chief juvenile court officer to grant
 34 11 exceptions to extend eligibility, within the funds allocated,
 34 12 for intensive tracking and supervision and for supervised
 34 13 community treatment to delinquent youth beyond age 18 who are
 34 14 subject to release from the state training school, a highly
 34 15 structured juvenile program, or group foster care.
 34 16    12.  Of the moneys appropriated in this section, not more
 34 17 than $627,100 is allocated to provide clinical assessment
 34 18 services as necessary to continue funding of children's
 34 19 rehabilitation services under medical assistance in accordance
 34 20 with federal law and requirements.  The funding allocated is
 34 21 the amount projected to be necessary for providing the
 34 22 clinical assessment services.
 34 23    13.  Of the funding appropriated in this section,
 34 24 $3,696,285 shall be used for protective child care assistance.
 34 25    14.  Of the moneys appropriated in this section, up to
 34 26 $3,290,000 is allocated for the payment of the expenses of
 34 27 court-ordered services provided to juveniles which are a
 34 28 charge upon the state pursuant to section 232.141, subsection
 34 29 4.
 34 30    a.  Notwithstanding section 232.141 or any other provision
 34 31 of law, the amount allocated in this subsection shall be
 34 32 distributed to the judicial districts as determined by the
 34 33 state court administrator.  The state court administrator
 34 34 shall make the determination of the distribution amounts on or
 34 35 before June 15, 2001.
 35  1    b.  The department shall eliminate the program to provide
 35  2 services or other support to reduce the number or length of
 35  3 out-of-home placements of children known as the "wrap-around
 35  4 funding program".  The department may adopt emergency rules to
 35  5 implement this subsection.
 35  6    c.  The department of human services shall develop policies
 35  7 and procedures to ensure that the funds allocated in this
 35  8 subsection are spent only after all other reasonable actions
 35  9 have been taken to utilize other funding sources and
 35 10 community-based services.  The policies and procedures shall
 35 11 be designed to achieve the following objectives relating to
 35 12 services provided under chapter 232:
 35 13    (1)  Maximize the utilization of funds which may be
 35 14 available from the medical assistance program including usage
 35 15 of the early and periodic screening, diagnosis, and treatment
 35 16 (EPSDT) program.
 35 17    (2)  Recover payments from any third-party insurance
 35 18 carrier which is liable for coverage of the services,
 35 19 including health insurance coverage.
 35 20    (3)  Pursue development of agreements with regularly
 35 21 utilized out-of-state service providers which are intended to
 35 22 reduce per diem costs paid to those providers.
 35 23    d.  Notwithstanding chapter 232 or any other provision of
 35 24 law, a district or juvenile court in a department of human
 35 25 services district shall not order any service which is a
 35 26 charge upon the state pursuant to section 232.141 if there are
 35 27 insufficient court-ordered services funds available in the
 35 28 district distribution amount to pay for the service.  The
 35 29 chief juvenile court officer shall encourage use of the funds
 35 30 allocated in this subsection such that there are sufficient
 35 31 funds to pay for all court-related services during the entire
 35 32 year.  The eight chief juvenile court officers shall attempt
 35 33 to anticipate potential surpluses and shortfalls in the
 35 34 distribution amounts and shall cooperatively request the state
 35 35 court administrator to transfer funds between the districts'
 36  1 distribution amounts as prudent.
 36  2    e.  Notwithstanding any provision of law to the contrary, a
 36  3 district or juvenile court shall not order a county to pay for
 36  4 any service provided to a juvenile pursuant to an order
 36  5 entered under chapter 232 which is a charge upon the state
 36  6 under section 232.141, subsection 4.
 36  7    f.  Of the funding allocated in this subsection, not more
 36  8 than $100,000 may be used by the judicial branch for
 36  9 administration of the requirements under this subsection and
 36 10 for travel associated with court-ordered placements which are
 36 11 a charge upon the state pursuant to section 232.141,
 36 12 subsection 4.
 36 13    15.  a.  Of the funding appropriated in this section,
 36 14 $5,292,000 is allocated to provide school-based supervision of
 36 15 children adjudicated under chapter 232, including not more
 36 16 than $1,764,000 from the allocation in this section for court-
 36 17 ordered services.  Not more than $15,000 of the funding
 36 18 allocated in this subsection may be used for the purpose of
 36 19 training.
 36 20    b.  To the extent possible, the personnel providing school-
 36 21 based services shall be prepared with training or experience
 36 22 relating to gender-specific programming to best intervene with
 36 23 youth at risk of being found delinquent or determined to be a
 36 24 child in need of assistance.
 36 25    16.  The department shall maximize the capacity to draw
 36 26 federal funding under Title IV-E of the federal Social
 36 27 Security Act.
 36 28    17.  Any unanticipated federal funding that is received
 36 29 during the fiscal year due to improvements in the hours
 36 30 counted by the judicial branch under the claiming process for
 36 31 federal Title IV-E funding are appropriated to the department
 36 32 to be used for additional or expanded services and support for
 36 33 court-ordered services pursuant to section 232.141.
 36 34 Notwithstanding section 8.33, moneys appropriated in this
 36 35 subsection that remain unencumbered or unobligated at the
 37  1 close of the fiscal year shall not revert but shall remain
 37  2 available for expenditure for the purposes designated until
 37  3 the close of the succeeding fiscal year.
 37  4    18.  The department may adopt emergency rules to modify the
 37  5 qualifications for rehabilitative treatment service providers
 37  6 to allow an individual with a bachelor's degree in social work
 37  7 to provide therapy and counseling and to implement other
 37  8 recommendations of the committee made up of department staff
 37  9 and providers of child welfare services that is charged with
 37 10 the development of proposals for regulatory improvements.  The
 37 11 pertinent recommendations may include but are not limited to
 37 12 implementing "deemed" certification status for providers;
 37 13 addressing requirements for staff qualifications, ratios, and
 37 14 supervision; revising requirements for treatment plan
 37 15 development, review, and revision, and for treatment records;
 37 16 applying shared risk or loss provisions for retroactive
 37 17 audits; and access to the department's service review
 37 18 organization.
 37 19    19.  Notwithstanding section 234.39, subsection 5, and 2000
 37 20 Iowa Acts, chapter 1228, section 43, the department may
 37 21 operate a subsidized guardianship program if the United States
 37 22 department of health and human services approves a waiver
 37 23 under Title IV-E of the federal Social Security Act and the
 37 24 subsidized guardianship program can be operated without loss
 37 25 of Title IV-E funds.
 37 26    20.  Of the funds appropriated in this section, the
 37 27 department shall use $700,000 for day treatment and aftercare
 37 28 services for juvenile females with provider selection made
 37 29 through a request for proposals process.  The goal of
 37 30 providing the services is to ensure permanency, safety, and
 37 31 self-sufficiency for juvenile females.
 37 32    Sec. 15.  JUVENILE DETENTION HOME FUND.  Moneys deposited
 37 33 in the juvenile detention home fund created in section 232.142
 37 34 during the fiscal year beginning July 1, 2001, and ending June
 37 35 30, 2002, are appropriated to the department of human services
 38  1 for the fiscal year beginning July 1, 2001, and ending June
 38  2 30, 2002, for distribution as follows:
 38  3    1.  An amount equal to ten percent of the costs of the
 38  4 establishment, improvement, operation, and maintenance of
 38  5 county or multicounty juvenile detention homes in the fiscal
 38  6 year beginning July 1, 2000.  Moneys appropriated for
 38  7 distribution in accordance with this paragraph shall be
 38  8 allocated among eligible detention homes, prorated on the
 38  9 basis of an eligible detention home's proportion of the costs
 38 10 of all eligible detention homes in the fiscal year beginning
 38 11 July 1, 2000.  Notwithstanding section 232.142, subsection 3,
 38 12 the financial aid payable by the state under that provision
 38 13 for the fiscal year beginning July 1, 2001, shall be limited
 38 14 to the amount appropriated for the purposes of this paragraph.
 38 15    2.  For renewal of a grant to a county with a population
 38 16 between 168,000 and 175,000 for implementation of the county's
 38 17 runaway treatment plan under section 232.195:  
 38 18 .................................................. $     80,000
 38 19    3.  For grants to counties implementing a runaway treatment
 38 20 plan under section 232.195.
 38 21    4.  The remainder for additional allocations to county or
 38 22 multicounty juvenile detention homes, in accordance with the
 38 23 distribution requirements of subsection 1.
 38 24    Sec. 16.  CENTRAL INTAKE FOR CHILD PROTECTION.  If specific
 38 25 statutory authorization is enacted by the Seventy-ninth
 38 26 General Assembly, 2002 Session, to establish a statewide
 38 27 central intake unit for receiving child abuse reports, there
 38 28 is appropriated from the general fund of the state to the
 38 29 department of human services for the fiscal year beginning
 38 30 July 1, 2001, and ending June 30, 2002, the following amount,
 38 31 or so much thereof as is necessary, to be used for the purpose
 38 32 designated:
 38 33    For establishment in accordance with law of a statewide
 38 34 central intake unit for receiving child abuse reports:  
 38 35 .................................................. $    250,000
 39  1    It is the intent of the general assembly to give prompt
 39  2 consideration to the report of any 2001 legislative interim
 39  3 study committee established by the legislative council
 39  4 regarding the establishment of a central intake unit for
 39  5 receiving child abuse reports.
 39  6    Sec. 17.  COMMUNITY-BASED PROGRAMS.  There is appropriated
 39  7 from the general fund of the state to the department of human
 39  8 services for the fiscal year beginning July 1, 2001, and
 39  9 ending June 30, 2002, the following amount, or so much thereof
 39 10 as is necessary, to be used for the purpose designated:
 39 11    For community-based programs, on the condition that family
 39 12 planning services are funded, including salaries, support,
 39 13 maintenance, and miscellaneous purposes and for not more than
 39 14 the following full-time equivalent positions:  
 39 15 .................................................. $    531,415
 39 16 ............................................... FTEs       1.00
 39 17    1.  Funds appropriated in this section shall be used to
 39 18 provide adolescent pregnancy prevention grants which comply
 39 19 with the requirements provided in 1997 Iowa Acts, chapter 208,
 39 20 section 14, subsections 1 and 2, and shall emphasize programs
 39 21 which target the middle school level.
 39 22    2.  It is the intent of the general assembly that the
 39 23 department of human services and the Iowa department of public
 39 24 health shall continue to identify existing abstinence
 39 25 education or community-based programs which comply with the
 39 26 requirements established in section 912, subchapter V, of the
 39 27 federal Social Security Act, as codified in 42 U.S.C. } 701 et
 39 28 seq. for the matching of federal funds.
 39 29    3.  Of the funds appropriated in this section, $250,000
 39 30 shall be used by the department for child abuse prevention
 39 31 grants.
 39 32    Sec. 18.  FAMILY SUPPORT SUBSIDY PROGRAM.  There is
 39 33 appropriated from the general fund of the state to the
 39 34 department of human services for the fiscal year beginning
 39 35 July 1, 2001, and ending June 30, 2002, the following amount,
 40  1 or so much thereof as is necessary, to be used by the division
 40  2 of children and family services for the purpose designated:
 40  3    For the family support subsidy program:  
 40  4 .................................................. $  2,089,858
 40  5    The department may use up to $267,000 of the moneys
 40  6 appropriated in this section to continue the children-at-home
 40  7 program in current counties, of which not more than $20,000
 40  8 shall be used for administrative costs.
 40  9    Sec. 19.  CONNER DECREE.  There is appropriated from the
 40 10 general fund of the state to the department of human services
 40 11 for the fiscal year beginning July 1, 2001, and ending June
 40 12 30, 2002, the following amount, or so much thereof as is
 40 13 necessary, to be used for the purpose designated:
 40 14    For building community capacity through the coordination
 40 15 and provision of training opportunities in accordance with the
 40 16 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D.
 40 17 Iowa, July 14, 1994):  
 40 18 .................................................. $     46,000
 40 19    Sec. 20.  MENTAL HEALTH INSTITUTES.  There is appropriated
 40 20 from the general fund of the state to the department of human
 40 21 services for the fiscal year beginning July 1, 2001, and
 40 22 ending June 30, 2002, the following amounts, or so much
 40 23 thereof as is necessary, to be used for the purposes
 40 24 designated:
 40 25    1.  For the state mental health institute at Cherokee for
 40 26 salaries, support, maintenance, and miscellaneous purposes and
 40 27 for not more than the following full-time equivalent
 40 28 positions:  
 40 29 .................................................. $ 13,470,000
 40 30 ............................................... FTEs     248.44
 40 31    2.  For the state mental health institute at Clarinda for
 40 32 salaries, support, maintenance, and miscellaneous purposes and
 40 33 for not more than the following full-time equivalent
 40 34 positions:  
 40 35 .................................................. $  7,650,000
 41  1 ............................................... FTEs     138.59
 41  2    3.  For the state mental health institute at Independence
 41  3 for salaries, support, maintenance, and miscellaneous purposes
 41  4 and for not more than the following full-time equivalent
 41  5 positions:  
 41  6 .................................................. $ 17,992,500
 41  7 ............................................... FTEs     354.46
 41  8    The state mental health institute at Independence shall
 41  9 continue the 30 psychiatric medical institution for children
 41 10 (PMIC) beds authorized in section 135H.6, in a manner which
 41 11 results in no net state expenditure amount in excess of the
 41 12 amount appropriated in this subsection.  Counties are not
 41 13 responsible for the costs of PMIC services described in this
 41 14 subsection.  Subject to the approval of the department, with
 41 15 the exception of revenues required under section 249A.11 to be
 41 16 credited to the appropriation in this Act for medical
 41 17 assistance, revenues attributable to the PMIC beds described
 41 18 in this subsection for the fiscal year beginning July 1, 2001,
 41 19 and ending June 30, 2002, shall be deposited in the
 41 20 institute's account, including but not limited to any of the
 41 21 following revenues:
 41 22    a.  The federal share of medical assistance revenue
 41 23 received under chapter 249A.
 41 24    b.  Moneys received through client participation.
 41 25    c.  Any other revenues directly attributable to the PMIC
 41 26 beds.
 41 27    The moneys appropriated in this subsection include funding
 41 28 for two additional security guard staff positions at the state
 41 29 mental health institute at Independence.
 41 30    4.  For the state mental health institute at Mount Pleasant
 41 31 for salaries, support, maintenance, and miscellaneous purposes
 41 32 and for not more than the following full-time equivalent
 41 33 positions:  
 41 34 .................................................. $  5,717,500
 41 35 ............................................... FTEs     109.47
 42  1    a.  Funding is provided in this subsection for the mental
 42  2 health institute at Mount Pleasant to continue the dual
 42  3 diagnosis mental health and substance abuse program on a net
 42  4 budgeting basis in which 50 percent of the actual per diem and
 42  5 ancillary services costs are chargeable to the patient's
 42  6 county of legal settlement or as a state case, as appropriate.
 42  7 Subject to the approval of the department, revenues
 42  8 attributable to the dual diagnosis program for the fiscal year
 42  9 beginning July 1, 2001, and ending June 30, 2002, shall be
 42 10 deposited in the institute's account, including but not
 42 11 limited to all of the following revenues:
 42 12    (1)  Moneys received by the state from billings to counties
 42 13 under section 230.20.
 42 14    (2)  Moneys received from billings to the Medicare program.
 42 15    (3)  Moneys received from a managed care contractor
 42 16 providing services under contract with the department or any
 42 17 private third-party payor.
 42 18    (4)  Moneys received through client participation.
 42 19    (5)  Any other revenues directly attributable to the dual
 42 20 diagnosis program.
 42 21    b.  The following additional provisions are applicable in
 42 22 regard to the dual diagnosis program:
 42 23    (1)  A county may split the charges between the county's
 42 24 mental health, mental retardation, and developmental
 42 25 disabilities services fund and the county's budget for
 42 26 substance abuse expenditures.
 42 27    (2)  If an individual is committed to the custody of the
 42 28 department of corrections at the time the individual is
 42 29 referred for dual diagnosis treatment, the department of
 42 30 corrections shall be charged for the costs of treatment.
 42 31    (3)  Prior to an individual's admission for dual diagnosis
 42 32 treatment, the individual shall have been screened through a
 42 33 county's single entry point process to determine the
 42 34 appropriateness of the treatment.
 42 35    (4)  A county shall not be chargeable for the costs of
 43  1 treatment for an individual enrolled in and authorized by or
 43  2 decertified by a managed behavioral care plan under the
 43  3 medical assistance program.
 43  4    (5)  Notwithstanding section 8.33, mental health
 43  5 institutions revenues related to the dual diagnosis program
 43  6 that remain unencumbered or unobligated at the close of the
 43  7 fiscal year shall not revert but shall remain available up to
 43  8 the amount which would allow the mental health institute to
 43  9 meet credit obligations owed to counties as a result of year-
 43 10 end per diem adjustments for the dual diagnosis program.
 43 11    5.  Within the funds appropriated in this section, the
 43 12 department may transfer funds as necessary to best fulfill the
 43 13 needs of the institutions provided for in the appropriation.
 43 14    6.  As part of the discharge planning process at the state
 43 15 mental health institutes, the department shall provide
 43 16 assistance in obtaining eligibility for federal supplemental
 43 17 security income (SSI) to those individuals whose care at a
 43 18 state mental health institute is the financial responsibility
 43 19 of the state or a county.
 43 20    7.  If the department receives notice from the department
 43 21 of inspections and appeals or any other entity that certifies
 43 22 a state mental health institute's compliance with
 43 23 certification requirements or determines compliance with
 43 24 regulatory requirements, that a state mental health institute
 43 25 has been found or cited for being out of compliance with a
 43 26 requirement, the department shall report the notice to those
 43 27 persons designated by this Act to receive reports.  The report
 43 28 shall be made within thirty days of the date the notice was
 43 29 received by the department.
 43 30    Sec. 21.  STATE RESOURCE CENTERS.  There is appropriated
 43 31 from the general fund of the state to the department of human
 43 32 services for the fiscal year beginning July 1, 2001, and
 43 33 ending June 30, 2002, the following amounts, or so much
 43 34 thereof as is necessary, to be used for the purposes
 43 35 designated:
 44  1    1.  For the state resource center at Glenwood for salaries,
 44  2 support, maintenance, and miscellaneous purposes:  
 44  3 .................................................. $  2,625,000
 44  4    2.  For the state resource center at Woodward for salaries,
 44  5 support, maintenance, and miscellaneous purposes:  
 44  6 .................................................. $  1,790,000
 44  7    3.  a.  The department shall continue operating the state
 44  8 resource centers at Glenwood and Woodward with a net general
 44  9 fund appropriation.  The amounts allocated in this section are
 44 10 the net amounts of state moneys projected to be needed for the
 44 11 state resource centers.  The purposes of operating with a net
 44 12 general fund appropriation are to encourage the state resource
 44 13 centers to operate with increased self-sufficiency, to improve
 44 14 quality and efficiency, and to support collaborative efforts
 44 15 between the state resource centers and counties and other
 44 16 funders of services available from the state resource centers.
 44 17 The state resource centers shall not be operated under the net
 44 18 appropriation in a manner which results in a cost increase to
 44 19 the state or cost shifting between the state, the medical
 44 20 assistance program, counties, or other sources of funding for
 44 21 the state resource centers.  Moneys appropriated in this
 44 22 section may be used throughout the fiscal year in the manner
 44 23 necessary for purposes of cash flow management, and for
 44 24 purposes of cash flow management the state resource centers
 44 25 may temporarily draw more than the amounts appropriated,
 44 26 provided the amounts appropriated are not exceeded at the
 44 27 close of the fiscal year.
 44 28    b.  Subject to the approval of the department, except for
 44 29 revenues under section 249A.11, revenues attributable to the
 44 30 state resource centers for the fiscal year beginning July 1,
 44 31 2001, shall be deposited into each state resource center's
 44 32 account, including but not limited to all of the following:
 44 33    (1)  Moneys received by the state from billings to counties
 44 34 under section 222.73.
 44 35    (2)  The federal share of medical assistance revenue
 45  1 received under chapter 249A.
 45  2    (3)  Federal Medicare program payments.
 45  3    (4)  Moneys received from client financial participation.
 45  4    (5)  Other revenues generated from current, new, or
 45  5 expanded services which the state resource center is
 45  6 authorized to provide.
 45  7    c.  For the purposes of allocating the salary adjustment
 45  8 fund moneys appropriated in another Act, the state resource
 45  9 centers shall be considered to be funded entirely with state
 45 10 moneys.
 45 11    d.  Notwithstanding section 8.33, up to $500,000 of a state
 45 12 resource center's revenues that remain unencumbered or
 45 13 unobligated at the close of the fiscal year shall not revert
 45 14 but shall remain available to be used in the succeeding fiscal
 45 15 year.
 45 16    4.  Within the funds appropriated in this section, the
 45 17 department may transfer funds as necessary to best fulfill the
 45 18 needs of the institutions provided for in the appropriation.
 45 19    5.  The department may continue to bill for state resource
 45 20 center services utilizing a scope of services approach used
 45 21 for private providers of ICFMR services, in a manner which
 45 22 does not shift costs between the medical assistance program,
 45 23 counties, or other sources of funding for the state resource
 45 24 centers.
 45 25    6.  The state resource centers may expand the time limited
 45 26 assessment and respite services during the fiscal year.
 45 27    7.  If the department's administration and the department
 45 28 of management concur with a finding by a state resource
 45 29 center's superintendent that projected revenues can reasonably
 45 30 be expected to pay the salary and support costs for a new
 45 31 employee position, or that such costs for adding a particular
 45 32 number of new positions for the fiscal year would be less than
 45 33 the overtime costs if new positions would not be added, the
 45 34 superintendent may add the new position or positions.  If the
 45 35 vacant positions available to a resource center do not include
 46  1 the position classification desired to be filled, the state
 46  2 resource center's superintendent may reclassify any vacant
 46  3 position as necessary to fill the desired position.  The
 46  4 superintendents of the state resource centers may, by mutual
 46  5 agreement, pool vacant positions and position classifications
 46  6 during the course of the fiscal year in order to assist one
 46  7 another in filling necessary positions.
 46  8    8.  If the department receives notice from the department
 46  9 of inspections and appeals or any other entity that certifies
 46 10 a state resource center's compliance with certification
 46 11 requirements or determines compliance with regulatory
 46 12 requirements, that a state resource center has been found or
 46 13 cited for being out of compliance with a requirement, the
 46 14 department shall report the notice to those persons designated
 46 15 by this Act to receive reports.  The report shall be made
 46 16 within thirty days of the date the notice was received by the
 46 17 department.
 46 18    Sec. 22.  SPECIAL NEEDS GRANTS.  There is appropriated from
 46 19 the general fund of the state to the department of human
 46 20 services for the fiscal year beginning July 1, 2001, and
 46 21 ending June 30, 2002, the following amount, or so much thereof
 46 22 as is necessary, to be used for the purpose designated:
 46 23    To provide special needs grants to families with a family
 46 24 member at home who has a developmental disability or to a
 46 25 person with a developmental disability:  
 46 26 .................................................. $     53,212
 46 27    Grants must be used by a family to defray special costs of
 46 28 caring for the family member to prevent out-of-home placement
 46 29 of the family member or to provide for independent living
 46 30 costs.  The grants may be administered by a private nonprofit
 46 31 agency which serves people statewide provided that no
 46 32 administrative costs are received by the agency.
 46 33    Sec. 23.  MI/MR/DD STATE CASES.  There is appropriated from
 46 34 the general fund of the state to the department of human
 46 35 services for the fiscal year beginning July 1, 2001, and
 47  1 ending June 30, 2002, the following amounts, or so much
 47  2 thereof as is necessary, to be used for the purposes
 47  3 designated:
 47  4    For purchase of local services for persons with mental
 47  5 illness, mental retardation, and developmental disabilities
 47  6 where the client has no established county of legal
 47  7 settlement:  
 47  8 .................................................. $ 12,700,000
 47  9    Sec. 24.  MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES –
 47 10 COMMUNITY SERVICES FUND.  There is appropriated from the
 47 11 general fund of the state to the mental health and
 47 12 developmental disabilities community services fund created in
 47 13 section 225C.7 for the fiscal year beginning July 1, 2001, and
 47 14 ending June 30, 2002, the following amount, or so much thereof
 47 15 as is necessary, to be used for the purpose designated:
 47 16    For mental health and developmental disabilities community
 47 17 services in accordance with this Act:  
 47 18 ................................................. $ 19,560,000
 47 19    1.  Of the funds appropriated in this section, $19,530,000
 47 20 shall be allocated to counties for funding of community-based
 47 21 mental health and developmental disabilities services.  The
 47 22 moneys shall be allocated to a county as follows:
 47 23    a.  Fifty percent based upon the county's proportion of the
 47 24 state's population of persons with an annual income which is
 47 25 equal to or less than the poverty guideline established by the
 47 26 federal office of management and budget.
 47 27    b.  Fifty percent based upon the county's proportion of the
 47 28 state's general population.
 47 29    Of the funds allocated in this subsection, not more than
 47 30 $25,000 may be used to provide matching funds for actuarial
 47 31 services and other technical assistance to implement the adult
 47 32 mental health, mental retardation, and developmental
 47 33 disabilities services funding decategorization pilot project
 47 34 implementation provisions as specified in this Act.
 47 35    2.  a.  A county shall utilize the funding the county
 48  1 receives pursuant to subsection 1 for services provided to
 48  2 persons with a disability, as defined in section 225C.2.
 48  3 However, no more than 50 percent of the funding shall be used
 48  4 for services provided to any one of the service populations.
 48  5    b.  A county shall use at least 50 percent of the funding
 48  6 the county receives under subsection 1 for contemporary
 48  7 services provided to persons with a disability, as described
 48  8 in rules adopted by the department.
 48  9    3.  Of the funds appropriated in this section, $30,000
 48 10 shall be used to support the Iowa compass program providing
 48 11 computerized information and referral services for Iowans with
 48 12 disabilities and their families.
 48 13    4.  a.  Funding appropriated for purposes of the federal
 48 14 social services block grant is allocated for distribution to
 48 15 counties for local purchase of services for persons with
 48 16 mental illness or mental retardation or other developmental
 48 17 disability.
 48 18    b.  The funds allocated in this subsection shall be
 48 19 expended by counties in accordance with the county's approved
 48 20 county management plan.  A county without an approved county
 48 21 management plan shall not receive allocated funds until the
 48 22 county's management plan is approved.
 48 23    c.  The funds provided by this subsection shall be
 48 24 allocated to each county as follows:
 48 25    (1)  Fifty percent based upon the county's proportion of
 48 26 the state's population of persons with an annual income which
 48 27 is equal to or less than the poverty guideline established by
 48 28 the federal office of management and budget.
 48 29    (2)  Fifty percent based upon the amount provided to the
 48 30 county for local purchase of services in the preceding fiscal
 48 31 year.
 48 32    5.  A county is eligible for funds under this section if
 48 33 the county qualifies for a state payment as described in
 48 34 section 331.439.
 48 35    Sec. 25.  PERSONAL ASSISTANCE.  There is appropriated from
 49  1 the general fund of the state to the department of human
 49  2 services for the fiscal year beginning July 1, 2001, and
 49  3 ending June 30, 2002, the following amount, or so much thereof
 49  4 as is necessary, to be used for the purpose designated:
 49  5    For continuation of a pilot project for the personal
 49  6 assistance services program in accordance with this section:  
 49  7 .................................................. $    264,000
 49  8    1.  The funds appropriated in this section shall be used to
 49  9 continue the pilot project for the personal assistance
 49 10 services program under section 225C.46 in an urban and a rural
 49 11 area.  Not more than 10 percent of the amount appropriated
 49 12 shall be used for administrative costs.  The pilot project
 49 13 shall not be implemented in a manner which would require
 49 14 additional county or state costs for assistance provided to an
 49 15 individual served under the pilot project.
 49 16    2.  Beginning July 1, 2001, new applicants shall not be
 49 17 accepted into the pilot project.  An individual receiving
 49 18 services under the pilot project as of June 30, 2001, shall
 49 19 continue receiving services until the individual voluntarily
 49 20 leaves the project or until another program with similar
 49 21 services exists.
 49 22    Sec. 26.  SEXUALLY VIOLENT PREDATORS.
 49 23    1.  There is appropriated from the general fund of the
 49 24 state to the department of human services for the fiscal year
 49 25 beginning July 1, 2001, and ending June 30, 2002, the
 49 26 following amount, or so much thereof as is necessary, to be
 49 27 used for the purpose designated:
 49 28    For costs associated with the commitment and treatment of
 49 29 sexually violent predators including costs of legal services
 49 30 and other associated costs, including salaries, support,
 49 31 maintenance, and miscellaneous purposes and for not more than
 49 32 the following full-time equivalent positions:  
 49 33 .................................................. $  1,300,000
 49 34 ............................................... FTEs      25.00
 49 35    2.  Notwithstanding section 8.33, $350,000 of the moneys
 50  1 appropriated in 2000 Iowa Acts, chapter 1228, section 27, that
 50  2 remain unexpended or unobligated at the close of the fiscal
 50  3 year shall not revert but shall remain available in the
 50  4 succeeding fiscal year to be used for the purposes of this
 50  5 section.
 50  6    Sec. 27.  FIELD OPERATIONS.  There is appropriated from the
 50  7 general fund of the state to the department of human services
 50  8 for the fiscal year beginning July 1, 2001, and ending June
 50  9 30, 2002, the following amount, or so much thereof as is
 50 10 necessary, to be used for the purposes designated:
 50 11    1.  For field operations, including salaries, support,
 50 12 maintenance, and miscellaneous purposes and for not more than
 50 13 the following full-time equivalent positions:  
 50 14 .................................................. $ 49,100,000
 50 15 ............................................... FTEs   2,128.50
 50 16    a.  Priority in filling full-time equivalent positions
 50 17 shall be given to those positions related to child protection
 50 18 services.
 50 19    b.  The amount appropriated in this section includes
 50 20 increased funding of $1,212,197 to address staffing issues in
 50 21 regard to child abuse assessment staff, social workers, and
 50 22 support staff performing related functions and for increased
 50 23 activities to improve cooperation between field staff, law
 50 24 enforcement, county attorneys, and mandatory reporters in
 50 25 addressing reports of child abuse.
 50 26    2.  Commencing with the fiscal year beginning July 1, 2001,
 50 27 the department shall eliminate the regional office
 50 28 administrative level within field operations.  Essential staff
 50 29 within a regional office shall be transferred to be part of
 50 30 the staff of a county cluster office.  Upon elimination of the
 50 31 regional office administrative level, the geographic areas
 50 32 established as departmental regions as of July 1, 2000, shall
 50 33 continue to be used for implementation of Code sections 232.2,
 50 34 232.52, 232.68, 232.78, 232.102, 232.117, 232.127, 232.143,
 50 35 232.182, 232.188, 234.35, and any provision in this Act or
 51  1 other law that utilizes the departmental regions for a
 51  2 geographic purpose.  The director of human services shall
 51  3 assign any duties that are otherwise designated as duties of
 51  4 the regional administrator in section 232.143, this Act, or
 51  5 other provision of law or administrative rule to an
 51  6 appropriate person.
 51  7    Sec. 28.  ADDITIONAL FEDERAL FUNDING – FISCAL YEAR 2001-
 51  8 2002.
 51  9    1.  The provisions of this section are applicable for the
 51 10 fiscal year beginning July 1, 2001.
 51 11    2.  It is the intent of the general assembly that the
 51 12 director of human services work on expanding the community
 51 13 partnership approach to child protection as established in
 51 14 Linn county with funding support from the Edna McConnell Clark
 51 15 foundation.  The general assembly endorses the efforts by the
 51 16 department and local communities to develop community child
 51 17 protection systems that incorporate the four community
 51 18 partnership components used in Linn county and other Clark
 51 19 foundation sites.  It is further intended that the director
 51 20 seek additional funding from the Clark foundation for
 51 21 expansion of the community partnership approach to other sites
 51 22 in the state and make use of the additional funding
 51 23 opportunities described in this section for such expansion.
 51 24    3.  It is the intent of the general assembly that the
 51 25 director of human services work to secure federal financial
 51 26 participation through Titles IV-E and XIX of the federal
 51 27 Social Security Act for services and activities that are
 51 28 currently funded with state, county, or community moneys.  It
 51 29 is further intended that the director initially focus on
 51 30 securing targeted case management funding under medical
 51 31 assistance for state child protection staff and for services
 51 32 and activities currently funded with juvenile court services,
 51 33 county, or community moneys and state moneys used in
 51 34 combination with such moneys.
 51 35    4.  Additional federal financial participation secured for
 52  1 the fiscal year beginning July 1, 2001, and ending June 30,
 52  2 2002, is appropriated to the department of human services for
 52  3 use as provided in this section.  All of the following are
 52  4 applicable to the additional federal financial participation
 52  5 and efforts made to secure the federal financial
 52  6 participation:
 52  7    a.  The department may pursue federal approval of a state
 52  8 plan amendment to use medical assistance funding for targeted
 52  9 case management services.  The population to be served through
 52 10 targeted case management services is children who are at risk
 52 11 of maltreatment or who are in need of protective services.
 52 12 The funding shall be based on the federal and state moneys
 52 13 available under the medical assistance program.  For the
 52 14 additional federal financial participation received under the
 52 15 reimbursement methodology established for the services, a
 52 16 distribution plan shall attribute revenue to the cost sources
 52 17 upon which the reimbursement rates are based.  In addition, of
 52 18 the additional federal funds received, a 5 percent set-aside
 52 19 shall be used for funding the revenue enhancement activities
 52 20 and for service delivery and results improvement efforts.
 52 21    b.  The director may use part or all of the additional
 52 22 federal financial participation in excess of $3,000,000
 52 23 received from medical assistance claims for child protection
 52 24 staff for not more than 93.00 full-time equivalent state child
 52 25 protection staff positions, including child abuse assessment
 52 26 positions, social workers, and support positions performing
 52 27 related functions.  Positions added in accordance with this
 52 28 paragraph "b" are in addition to those authorized in the
 52 29 appropriation made in this Act for field operations.
 52 30    c.  The director may also use up to $200,000 of the
 52 31 additional federal financial participation in excess of
 52 32 $3,000,000 received from medical assistance claims for child
 52 33 protection staff for providing grants to communities to
 52 34 support the community partnership approach to child
 52 35 protection.  Potential grantees may include child welfare
 53  1 funding decategorization projects, community empowerment area
 53  2 boards, or other community-based entities who, in partnership
 53  3 with the local departmental administrators, agree to implement
 53  4 the four community partnership components.
 53  5    5.  It is the intent of the general assembly to consider
 53  6 additional proposals for providing other forms of targeted
 53  7 case management services and Title IV-E administrative
 53  8 claiming through counties, juvenile court services, or other
 53  9 community-based approaches.
 53 10    6.  The department may adopt emergency rules to implement
 53 11 the provisions of this section.
 53 12    Sec. 29.  GENERAL ADMINISTRATION.  There is appropriated
 53 13 from the general fund of the state to the department of human
 53 14 services for the fiscal year beginning July 1, 2001, and
 53 15 ending June 30, 2002, the following amount, or so much thereof
 53 16 as is necessary, to be used for the purpose designated:
 53 17    For general administration, including salaries, support,
 53 18 maintenance, and miscellaneous purposes and for not more than
 53 19 the following full-time equivalent positions:  
 53 20 ................................................. $  11,020,029
 53 21 .............................................. FTEs      385.00
 53 22    1.  Of the funds appropriated in this section, $57,000 is
 53 23 allocated for the prevention of disabilities policy council
 53 24 established in section 225B.3.
 53 25    2.  If an expenditure reduction or other cost-saving
 53 26 measure is deemed necessary to maintain expenditures within
 53 27 the amount appropriated to the department in this section, the
 53 28 department shall not implement the reduction or other measure
 53 29 in a manner which reduces service funding for disability
 53 30 rehabilitation programs, including, but not limited to,
 53 31 statewide supported employment programs.
 53 32    3.  The department shall report to the governor, the
 53 33 general assembly, the legislative fiscal bureau, and the
 53 34 legislative service bureau, within thirty days of notice from
 53 35 the source of payment of the future receipt of any bonus,
 54  1 incentive, or other payments received from the federal
 54  2 government, court settlement payments, and any other payments
 54  3 received by the state that may be used to supplement state
 54  4 funds appropriated to the department.
 54  5    4.  It is the intent of the general assembly that the
 54  6 department commence negotiations with the state of Nebraska to
 54  7 provide a process to assist interested Nebraska residents in
 54  8 placing their children at a state resource center in this
 54  9 state, to allow the department and others to utilize the child
 54 10 protection center located in Omaha, and to explore other ways
 54 11 by which the two states may maximize the use of resources.
 54 12    Sec. 30.  VOLUNTEERS.  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, 2001, and ending June
 54 15 30, 2002, the following amount, or so much thereof as is
 54 16 necessary, to be used for the purpose designated:
 54 17    For development and coordination of volunteer services:  
 54 18 .................................................. $    118,250
 54 19    Sec. 31.  MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
 54 20 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
 54 21 DEPARTMENT OF HUMAN SERVICES.
 54 22    1.  a.  For the fiscal year beginning July 1, 2001, the
 54 23 reimbursement rate for nursing facilities shall be determined
 54 24 under a case mix reimbursement system.  Nursing facilities
 54 25 reimbursed under the medical assistance program shall submit
 54 26 annual cost reports and additional documentation as required
 54 27 by rules adopted by the department.
 54 28    b.  (1)  For the fiscal year beginning July 1, 2001, the
 54 29 department shall reimburse pharmacy dispensing fees using a
 54 30 single rate of $5.17 per prescription or the pharmacy's usual
 54 31 and customary fee, whichever is lower.
 54 32    (2)  The department shall increase the state's efforts to
 54 33 collect pharmaceutical manufacturer rebates in order to meet
 54 34 the national average relative to collection of such rebates.
 54 35    (3)  The department shall implement a series of prospective
 55  1 drug utilization review edits on targeted drugs to facilitate
 55  2 the cost effective use of these drugs.  The edits shall be
 55  3 implemented in a manner that does not change the therapy or
 55  4 the therapeutic outcome for the patient.
 55  5    (4)  The department shall implement a generic incentive
 55  6 patient copayment program to encourage the dispensing and use
 55  7 of less costly pharmaceutical alternatives.  The copayment
 55  8 amount shall be 50 cents for a generic medication and $2 for a
 55  9 brand-name medication.
 55 10    (5)  Beginning October 1, 2001, the department shall
 55 11 implement a state maximum allowable cost list for prescription
 55 12 drugs.  The department shall consult with its fiscal agent and
 55 13 the drug utilization review commission, at no additional cost
 55 14 to the department, to determine the drug list that will
 55 15 provide the department with the most significant cost savings
 55 16 in the shortest period of time.  In order to expedite
 55 17 implementation, the department may implement the drug list
 55 18 using a sole source contract during the initial year of
 55 19 implementation.  The department shall report to the general
 55 20 assembly and the governor, on or before January 14, 2002,
 55 21 identifying the entity with which the department enters the
 55 22 contract to implement the program and whether the contract is
 55 23 a sole source contract.  The report shall include a
 55 24 recommendation regarding continuation of the initial contract,
 55 25 and if the initial contract is a sole source contract, whether
 55 26 a sole source process or a request for proposals process
 55 27 should be used to determine the contractor for any subsequent
 55 28 contract entered into during the fiscal year beginning July 1,
 55 29 2002.
 55 30    c.  For the fiscal year beginning July 1, 2001,
 55 31 reimbursement rates for inpatient and outpatient hospital
 55 32 services shall be reduced by three percent from the rates in
 55 33 effect on June 30, 2001.  The department shall continue the
 55 34 outpatient hospital reimbursement system based upon ambulatory
 55 35 patient groups implemented pursuant to 1994 Iowa Acts, chapter
 56  1 1186, section 25, subsection 1, paragraph "f".  In addition,
 56  2 the department shall continue the revised medical assistance
 56  3 payment policy implemented pursuant to that paragraph to
 56  4 provide reimbursement for costs of screening and treatment
 56  5 provided in the hospital emergency room if made pursuant to
 56  6 the prospective payment methodology developed by the
 56  7 department for the payment of outpatient services provided
 56  8 under the medical assistance program.
 56  9    d.  For the fiscal year beginning July 1, 2001,
 56 10 reimbursement rates for rural health clinics, hospices,
 56 11 independent laboratories, and acute mental hospitals shall be
 56 12 increased in accordance with increases under the federal
 56 13 Medicare program or as supported by their Medicare audited
 56 14 costs.
 56 15    e.  For the fiscal year beginning July 1, 2001,
 56 16 reimbursement rates for home health agencies shall be reduced
 56 17 by three percent from the rates in effect on June 30, 2001.
 56 18    f.  For the fiscal year beginning July 1, 2001, federally
 56 19 qualified health centers shall receive cost-based
 56 20 reimbursement for 100 percent of the reasonable costs for the
 56 21 provision of services to recipients of medical assistance.
 56 22    g.  Beginning July 1, 2001, the reimbursement rates for
 56 23 dental services shall be reduced by three percent from the
 56 24 rates in effect on June 30, 2001.
 56 25    h.  Beginning July 1, 2001, the reimbursement rates for
 56 26 community mental health centers shall be reduced by three
 56 27 percent from the rates in effect on June 30, 2001.
 56 28    i.  For the fiscal year beginning July 1, 2001, the maximum
 56 29 reimbursement rate for psychiatric medical institutions for
 56 30 children shall remain at the rate in effect on June 30, 2001,
 56 31 based on per day rates for actual costs.
 56 32    j.  For the fiscal year beginning July 1, 2001, unless
 56 33 otherwise specified in this Act, all noninstitutional medical
 56 34 assistance provider reimbursement rates shall be reduced by
 56 35 three percent from the rates in effect on June 30, 2001,
 57  1 except for area education agencies, local education agencies,
 57  2 infant and toddler services providers, and those providers
 57  3 whose rates are required to be determined pursuant to section
 57  4 249A.20.
 57  5    k.  Notwithstanding section 249A.20, the average
 57  6 reimbursement rates for health care providers eligible for use
 57  7 of the reimbursement methodology under that section shall be
 57  8 reduced by three percent from the rate in effect on June 30,
 57  9 2001.
 57 10    2.  For the fiscal year beginning July 1, 2001, the maximum
 57 11 cost reimbursement rate for residential care facilities
 57 12 reimbursed by the department shall not be less than $24.50 per
 57 13 day for the time period of July 1, 2001, through December 31,
 57 14 2001, and shall not be less than $25.14 per day for the time
 57 15 period of January 1, 2002, through June 30, 2002.  The flat
 57 16 reimbursement rate for facilities electing not to file
 57 17 semiannual cost reports shall not be less than $17.50 per day
 57 18 for the time period of July 1, 2001, through December 31,
 57 19 2001, and shall not be less than $17.96 per day for the time
 57 20 period of January 1, 2002, through June 30, 2002.
 57 21    3.  For the fiscal year beginning July 1, 2001, the maximum
 57 22 reimbursement rate for providers reimbursed under the in-home
 57 23 health-related care program shall not be less than $471.06 per
 57 24 month for the time period of July 1, 2001, through December
 57 25 31, 2001, and shall not be less than $483.31 per month for the
 57 26 time period of January 1, 2002, through June 30, 2002.
 57 27    4.  Unless otherwise directed in this section, when the
 57 28 department's reimbursement methodology for any provider
 57 29 reimbursed in accordance with this section includes an
 57 30 inflation factor, this factor shall not exceed the amount by
 57 31 which the consumer price index for all urban consumers
 57 32 increased during the calendar year ending December 31, 2000.
 57 33    5.  Notwithstanding section 234.38, in the fiscal year
 57 34 beginning July 1, 2001, the foster family basic daily
 57 35 maintenance rate and the maximum adoption subsidy rate for
 58  1 children ages 0 through 5 years shall be $14.28, the rate for
 58  2 children ages 6 through 11 years shall be $15.07, the rate for
 58  3 children ages 12 through 15 years shall be $16.83, and the
 58  4 rate for children ages 16 and older shall be $16.83.
 58  5    6.  For the fiscal year beginning July 1, 2001, the maximum
 58  6 reimbursement rates for social service providers shall remain
 58  7 at the rates in effect on June 30, 2001.  However, the rates
 58  8 may be adjusted under any of the following circumstances:
 58  9    a.  If a new service was added after June 30, 2001, the
 58 10 initial reimbursement rate for the service shall be based upon
 58 11 actual and allowable costs.
 58 12    b.  If a social service provider loses a source of income
 58 13 used to determine the reimbursement rate for the provider, the
 58 14 provider's reimbursement rate may be adjusted to reflect the
 58 15 loss of income, provided that the lost income was used to
 58 16 support actual and allowable costs of a service purchased
 58 17 under a purchase of service contract.
 58 18    c.  The department revises the reimbursement rates as part
 58 19 of the changes in the mental health and developmental
 58 20 disabilities services system initiated pursuant to 1995 Iowa
 58 21 Acts, chapter 206, and associated legislation.
 58 22    7.  The group foster care reimbursement rates paid for
 58 23 placement of children out-of-state shall be calculated
 58 24 according to the same rate-setting principles as those used
 58 25 for in-state providers unless the director determines that
 58 26 appropriate care cannot be provided within the state.  The
 58 27 payment of the daily rate shall be based on the number of days
 58 28 in the calendar month in which service is provided.
 58 29    8.  For the fiscal year beginning July 1, 2001, the
 58 30 reimbursement rates for rehabilitative treatment and support
 58 31 services providers shall remain at the rates in effect on June
 58 32 30, 2001.
 58 33    9.  For the fiscal year beginning July 1, 2001, the
 58 34 combined service and maintenance components of the
 58 35 reimbursement rate paid to a shelter care provider shall be
 59  1 based on the cost report submitted to the department.  The
 59  2 maximum reimbursement rate shall be $83.69 per day.  The
 59  3 department shall reimburse a shelter care provider at the
 59  4 provider's actual and allowable unit cost, plus inflation, not
 59  5 to exceed the maximum reimbursement rate.
 59  6    10.  For the fiscal year beginning July 1, 2001, the
 59  7 department shall calculate reimbursement rates for
 59  8 intermediate care facilities for persons with mental
 59  9 retardation at the 80th percentile.
 59 10    11.  For the fiscal year beginning July 1, 2001, for child
 59 11 care providers, the department shall set provider
 59 12 reimbursement rates based on the rate reimbursement survey
 59 13 completed in December 1998.  The department shall set rates in
 59 14 a manner so as to provide incentives for a nonregistered
 59 15 provider to become registered.
 59 16    12.  For the fiscal year beginning July 1, 2001,
 59 17 reimbursements for providers reimbursed by the department of
 59 18 human services may be modified if appropriated funding is
 59 19 allocated for that purpose from the senior living trust fund
 59 20 created in section 249H.4, or as specified in appropriations
 59 21 from the tobacco settlement endowment fund created in section
 59 22 12.65, Code 2001.
 59 23    13.  The department of human services shall review the
 59 24 disparity between the compensation provided to public
 59 25 employees who provide child welfare services relative to
 59 26 employees of private providers who have qualifications or job
 59 27 responsibilities that are comparable to the public employees.
 59 28 The department shall submit to the governor and to those
 59 29 persons designated by this Act to be provided with reports, a
 59 30 report of its review, including findings and a plan for
 59 31 reducing the disparity.
 59 32    14.  The department may adopt emergency rules to implement
 59 33 this section.
 59 34    Sec. 32.  TRANSFER AUTHORITY.  Subject to the provisions of
 59 35 section 8.39, for the fiscal year beginning July 1, 2001, if
 60  1 necessary to meet federal maintenance of effort requirements
 60  2 or to transfer federal temporary assistance for needy families
 60  3 block grant funding to be used for purposes of the federal
 60  4 social services block grant or to meet cash flow needs
 60  5 resulting from delays in receiving federal funding or to
 60  6 implement, in accordance with this Act, targeted case
 60  7 management for child protection and for activities currently
 60  8 funded with juvenile court services, county, or community
 60  9 moneys and state moneys used in combination with such moneys,
 60 10 the department of human services may transfer within or
 60 11 between any of the appropriations made in this Act and
 60 12 appropriations in law for the federal social services block
 60 13 grant to the department for the following purposes, provided
 60 14 that the combined amount of state and federal temporary
 60 15 assistance for needy families block grant funding for each
 60 16 appropriation remains the same before and after the transfer:
 60 17    1.  For the family investment program.
 60 18    2.  For emergency assistance.
 60 19    3.  For child care assistance.
 60 20    4.  For child and family services.
 60 21    5.  For field operations.
 60 22    6.  For general administration.
 60 23    7.  MH/MR/DD/BI community services (local purchase).
 60 24    This section shall not be construed to prohibit existing
 60 25 state transfer authority for other purposes.
 60 26    Sec. 33.  FRAUD AND RECOUPMENT ACTIVITIES.  During the
 60 27 fiscal year beginning July 1, 2001, notwithstanding the
 60 28 restrictions in section 239B.14, recovered moneys generated
 60 29 through fraud and recoupment activities are appropriated to
 60 30 the department of human services to be used for additional
 60 31 fraud and recoupment activities performed by the department of
 60 32 human services or the department of inspections and appeals,
 60 33 and the department of human services may add not more than
 60 34 five full-time equivalent positions, in addition to those
 60 35 funded in this Act, subject to both of the following
 61  1 conditions:
 61  2    1.  The director of human services determines that the
 61  3 investment can reasonably be expected to increase recovery of
 61  4 assistance paid in error, due to fraudulent or nonfraudulent
 61  5 actions, in excess of the amount recovered in the fiscal year
 61  6 beginning July 1, 1997.
 61  7    2.  The amount expended for the additional fraud and
 61  8 recoupment activities shall not exceed the amount of the
 61  9 projected increase in assistance recovered.
 61 10    Sec. 34.  PRIOR YEAR NONREVERSION.
 61 11    1.  Notwithstanding 2000 Iowa Acts, chapter 1221, section
 61 12 5, moneys appropriated in chapter 1221, section 1, subsection
 61 13 1, paragraphs "f", "h", and "i", for home health care
 61 14 services, for home health care services and habilitative day
 61 15 care for children with special needs, and for respite care
 61 16 services provided through home and community-based waiver
 61 17 services which are unexpended or unencumbered at the close of
 61 18 the fiscal year beginning July 1, 2000, and ending June 30,
 61 19 2001, shall not revert but shall remain available to be used
 61 20 in the succeeding fiscal year to supplement the medical
 61 21 assistance appropriation made in this Act.
 61 22    2.  Notwithstanding 2000 Iowa Acts, chapter 1221, section
 61 23 5, $1,000,000 of the moneys appropriated in 2000 Iowa Acts,
 61 24 chapter 1221, section 3, for purchase of service contract
 61 25 providers which is unexpended or unencumbered at the close of
 61 26 the fiscal year beginning July 1, 2000, and ending June 30,
 61 27 2001, shall not revert but shall remain available to be used
 61 28 in the succeeding fiscal year to supplement the medical
 61 29 assistance appropriation made in this Act.
 61 30    Sec. 35.  Section 135H.6, subsection 2, Code 2001, is
 61 31 amended to read as follows:
 61 32    2.  The proposed psychiatric institution is accredited by
 61 33 the joint commission on the accreditation of health care
 61 34 organizations, the commission on accreditation of
 61 35 rehabilitation facilities, the council on accreditation of
 62  1 services for families and children, or by any other federally
 62  2 recognized accrediting organization with comparable standards
 62  3 acceptable under federal regulation.
 62  4    Sec. 36.  Section 225B.8, Code 2001, is amended to read as
 62  5 follows:
 62  6    225B.8  REPEAL.
 62  7    This chapter is repealed July 1, 2001 2006.
 62  8    Sec. 37.  NEW SECTION.  234.45  IOWA MARRIAGE INITIATIVE
 62  9 GRANT FUND.
 62 10    1.  An Iowa marriage initiative grant fund is established
 62 11 in the state treasury under the authority of the department of
 62 12 human services.  The grant fund shall consist of moneys
 62 13 appropriated to the fund and notwithstanding section 8.33 such
 62 14 moneys shall not revert to the fund from which appropriated at
 62 15 the close of the fiscal year but shall remain in the Iowa
 62 16 marriage initiative grant fund.  Moneys credited to the fund
 62 17 shall be used as directed in appropriations made by the
 62 18 general assembly for funding of services to support marriage
 62 19 and to encourage the formation and maintenance of two-parent
 62 20 families that are secure and nurturing.
 62 21    2.  It is the intent of the general assembly to credit to
 62 22 the Iowa marriage initiative grant fund, federal moneys
 62 23 provided to the state for the express purpose of supporting
 62 24 marriage or two-parent families.
 62 25    Sec. 38.  Section 232.142, Code 2001, is amended by adding
 62 26 the following new subsection:
 62 27    NEW SUBSECTION.  6.  A juvenile detention home fund is
 62 28 created in the state treasury under the authority of the
 62 29 department.  The fund shall consist of moneys deposited in the
 62 30 fund pursuant to sections 321.218A and 321A.32A.  The moneys
 62 31 in the fund shall be used for the costs of the establishment,
 62 32 improvement, operation, and maintenance of county or
 62 33 multicounty juvenile detention homes in accordance with annual
 62 34 appropriations made by the general assembly from the fund for
 62 35 these purposes.
 63  1    Sec. 39.  Section 234.12A, subsection 1, paragraphs b and
 63  2 c, Code 2001, are amended to read as follows:
 63  3    b.  A retailer providing electronic funds transfer system
 63  4 equipment for transactions pursuant to the program shall be
 63  5 reimbursed fifteen seven cents for each approved transaction
 63  6 pursuant to the program utilizing the retailer's equipment.
 63  7    c.  A retailer that provides electronic funds transfer
 63  8 system equipment for transactions pursuant to the program and
 63  9 who makes cash disbursements pursuant to the program utilizing
 63 10 the retailer's equipment shall be paid a fee of fifteen seven
 63 11 cents by the department for each cash disbursement transaction
 63 12 by the retailer.
 63 13    Sec. 40.  Section 235A.16, subsection 2, Code 2001, is
 63 14 amended to read as follows:
 63 15    2.  a.  Requests for child abuse information may be made
 63 16 orally by telephone where a person making such a request
 63 17 believes that the information is needed immediately and where
 63 18 information sufficient to demonstrate authorized access is
 63 19 provided.  In the event that a request is made orally by
 63 20 telephone, a written request form shall nevertheless be filed
 63 21 within seventy-two hours.
 63 22    b.  The department of inspections and appeals may provide
 63 23 access to the single contact repository established under
 63 24 section 135C.33, subsection 6, for criminal and abuse history
 63 25 checks made by those employers, agencies, and other persons
 63 26 that are authorized access to child abuse information under
 63 27 section 235A.15 and are required by law to perform such
 63 28 checks.
 63 29    Sec. 41.  Section 239B.8, subsection 1, Code 2001, is
 63 30 amended to read as follows:
 63 31    1.  PARTICIPATION – EXEMPTIONS.  A parent living in a home
 63 32 with a child for whom an application for family investment
 63 33 program assistance has been made or for whom the assistance is
 63 34 provided, and all other individual members of the family whose
 63 35 needs are included in the assistance shall be subject to a
 64  1 family investment agreement unless exempt under rules adopted
 64  2 by the department or unless any of the following conditions
 64  3 exists:
 64  4    a.  The individual is completely unable to participate in
 64  5 any agreement option due to disability.
 64  6    b. a.  The individual is less than sixteen years of age and
 64  7 is not a parent.
 64  8    c. b.  The individual is sixteen through eighteen years of
 64  9 age, is not a parent, and is attending elementary or secondary
 64 10 school, or the equivalent level of vocational or technical
 64 11 school, on a full-time basis.
 64 12    d. c.  The individual is not a United States citizen and is
 64 13 not a qualified alien as defined in 8 U.S.C. } 1641.
 64 14    Sec. 42.  Section 321.218A, Code 2001, is amended to read
 64 15 as follows:
 64 16    321.218A  CIVIL PENALTY – DISPOSITION – REINSTATEMENT.
 64 17    When the department suspends, revokes, or bars a person's
 64 18 driver's license or nonresident operating privilege for a
 64 19 conviction under this chapter, the department shall assess the
 64 20 person a civil penalty of two hundred dollars.  However, for
 64 21 persons age nineteen or under, the civil penalty assessed
 64 22 shall be fifty dollars.  The civil penalty does not apply to a
 64 23 suspension issued for a violation of section 321.180B.  The
 64 24 money collected by the department under this section shall be
 64 25 transmitted to the treasurer of state who shall deposit the
 64 26 money in the general fund of the state juvenile detention home
 64 27 fund created in section 232.142.  A temporary restricted
 64 28 license shall not be issued or a driver's license or
 64 29 nonresident operating privilege reinstated until the civil
 64 30 penalty has been paid.
 64 31    Sec. 43.  Section 321A.32A, Code 2001, is amended to read
 64 32 as follows:
 64 33    321A.32A  CIVIL PENALTY – DISPOSITION – REINSTATEMENT.
 64 34    When the department suspends, revokes, or bars a person's
 64 35 driver's license or nonresident operating privilege under this
 65  1 chapter, the department shall assess the person a civil
 65  2 penalty of two hundred dollars.  However, for persons age
 65  3 nineteen or under, the civil penalty assessed shall be fifty
 65  4 dollars.  The money collected by the department under this
 65  5 section shall be transmitted to the treasurer of state who
 65  6 shall deposit the money in the general fund of the state
 65  7 juvenile detention home fund created in section 232.142.  A
 65  8 temporary restricted license shall not be issued or a driver's
 65  9 license or nonresident operating privilege reinstated until
 65 10 the civil penalty has been paid.
 65 11    Sec. 44.  Section 426B.2, subsection 3, Code 2001, is
 65 12 amended to read as follows:
 65 13    3.  The director of human services shall draw warrants on
 65 14 the property tax relief fund, payable to the county treasurer
 65 15 in the amount due to a county in accordance with subsection 1
 65 16 and mail the warrants to the county auditors in September July
 65 17 and March January of each year.
 65 18    Sec. 45.  2000 Iowa Acts, chapter 1228, section 8, is
 65 19 amended by adding the following new subsection:
 65 20    NEW SUBSECTION.  18.  Notwithstanding section 8.33, the
 65 21 state share of funds received by the state in this fiscal year
 65 22 or the succeeding fiscal year in a settlement with a fiscal
 65 23 agent shall not revert or be credited to the general fund but
 65 24 shall be treated as a repayment receipt and remain available
 65 25 to supplement funds appropriated in this section for the
 65 26 fiscal period beginning July 1, 2000, and for any
 65 27 appropriation made for medical assistance for the fiscal year
 65 28 beginning July 1, 2001.
 65 29    Sec. 46.  2000 Iowa Acts, chapter 1228, section 9, is
 65 30 amended by adding the following new unnumbered paragraph:
 65 31    NEW UNNUMBERED PARAGRAPH.  Notwithstanding section 8.33,
 65 32 moneys appropriated in this section that remain unencumbered
 65 33 or unobligated at the close of the fiscal year shall not
 65 34 revert but shall remain available for expenditure for the
 65 35 purposes designated until the close of the succeeding fiscal
 66  1 year.
 66  2    Sec. 47.  2000 Iowa Acts, chapter 1232, section 1, is
 66  3 amended to read as follows:
 66  4    SECTION 1.  COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
 66  5 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT
 66  6 AND ALLOCATIONS.  There is appropriated from the general fund
 66  7 of the state to the department of human services for the
 66  8 fiscal year beginning July 1, 2001, and ending June 30, 2002,
 66  9 the following amount, or so much thereof as is necessary, to
 66 10 be used for the purpose designated:
 66 11    For distribution to counties of the county mental health,
 66 12 mental retardation, and developmental disabilities allowed
 66 13 growth factor adjustment, in accordance with section 331.438,
 66 14 subsection 2, and section 331.439, subsection 3, and chapter
 66 15 426B in accordance with law:  
 66 16 .................................................. $ 26,492,712
 66 17                                                      24,887,428
 66 18    The funding appropriated in this section is the allowed
 66 19 growth factor adjustment for fiscal year 2001-2002, and is
 66 20 allocated as follows:
 66 21    1.  For distribution to counties for fiscal year 2001-2002
 66 22 in accordance with the formula in section 331.438, subsection
 66 23 2, paragraph "b":  
 66 24 .................................................. $ 12,000,000
 66 25    2.  For deposit in the per capita expenditure target pool
 66 26 created in the property tax relief fund pursuant to section
 66 27 426B.5, subsection 1:  
 66 28 .................................................. $ 10,492,712
 66 29                                                      12,492,712
 66 30    In addition to the requirement of section 426B.5,
 66 31 subsection 1, paragraph "c", limiting eligibility for moneys
 66 32 appropriated in this paragraph to counties levying the maximum
 66 33 amount allowed, both of the following eligibility requirements
 66 34 are applicable:
 66 35    a.  In the fiscal year beginning July 1, 2000, the county's
 67  1 services fund ending balance under generally accepted
 67  2 accounting principles was equal to or less than 35 percent of
 67  3 the county's projected expenditures for that fiscal year.
 67  4    b.  The county is in compliance with the filing date
 67  5 requirements under section 331.403.
 67  6    3.  For deposit in the incentive and efficiency pool
 67  7 created in the property tax relief fund pursuant to section
 67  8 426B.5, subsection 2:  
 67  9 .................................................. $  2,000,000
 67 10    4. 3.  For deposit in the risk pool created in the property
 67 11 tax relief fund pursuant to section 426B.5, subsection 3:  
 67 12 .................................................. $  2,000,000
 67 13                                                         394,716
 67 14    Sec. 48.  COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
 67 15 DEVELOPMENTAL DISABILITIES (MH/MR/DD) ALLOWED GROWTH FACTOR
 67 16 ADJUSTMENT AND ALLOCATIONS – REVISED ALLOCATIONS FOR FY 2001-
 67 17 2002.
 67 18    1.  Notwithstanding any contrary provisions of sections
 67 19 225C.7, 331.438, subsection 2, 331.439, subsection 3, and
 67 20 426B.5, and 2000 Iowa Acts, chapter 1232, section 1, as
 67 21 amended by this Act, the moneys appropriated in this Act, for
 67 22 distribution to counties in the fiscal year beginning July 1,
 67 23 2001, for purposes of the mental health and developmental
 67 24 disabilities (MH/DD) community services fund under section
 67 25 225C.7, and for the allowed growth factor adjustment for
 67 26 services paid under a county's section 331.424A mental health,
 67 27 mental retardation, and developmental disabilities services
 67 28 fund shall be subject to withholding as provided in this
 67 29 section.
 67 30    2.  After applying the applicable statutory distribution
 67 31 formulas to the amounts specified in the appropriations made
 67 32 in this Act for the MH/DD community services fund and for
 67 33 allowed growth in section 47, as amended by this Act, the
 67 34 department of human services shall apply a withholding factor
 67 35 to adjust the actual amount of the funding to be distributed
 68  1 to an eligible individual county.  An ending balance
 68  2 percentage for each county shall be determined by calculating
 68  3 the county's ending balance on a modified accrual basis under
 68  4 generally accepted accounting principles for the fiscal year
 68  5 beginning July 1, 2000, in the county's mental health, mental
 68  6 retardation, and developmental disabilities services fund
 68  7 created under section 331.424A, as a percentage of the
 68  8 county's gross expenditures from that fund for the fiscal
 68  9 year.  The withholding factor for a county shall be the
 68 10 following applicable percent:
 68 11    a.  For an ending balance percentage of less than 15
 68 12 percent, a withholding factor of 0 percent.
 68 13    b.  For an ending balance percentage of 15 through 24
 68 14 percent, a withholding factor of 12.8 percent.
 68 15    c.  For an ending balance percentage of 25 through 34
 68 16 percent, a withholding factor of 35 percent.
 68 17    d.  For an ending balance percentage of 35 through 44
 68 18 percent, a withholding factor of 67.25 percent.
 68 19    e.  For an ending balance percentage of 45 percent or more,
 68 20 a withholding factor of 100 percent.
 68 21    3.  The total withholding amounts applied pursuant to
 68 22 subsection 2 shall be equal to a withholding target amount of
 68 23 $15,554,307 and the appropriations made in this Act for the
 68 24 MH/DD community services fund and for MH/MR/DD allowed growth
 68 25 as amended in section 47 of this Act, shall be reduced by the
 68 26 amounts necessary to attain the withholding target amount.  If
 68 27 the department of human services determines that the amount to
 68 28 be withheld in accordance with subsection 2 is not equal to
 68 29 the target withholding amount, the department shall adjust the
 68 30 withholding factors listed in subsection 2 as necessary to
 68 31 achieve the withholding target amount.  However, in making
 68 32 such adjustments to the withholding factors the department
 68 33 shall strive to minimize changes to the withholding factors
 68 34 for those ending balance percentage ranges that are lower than
 68 35 others and shall not adjust the zero withholding factor
 69  1 specified in subsection 2, paragraph "a".
 69  2    4.  Only those counties that are in compliance with the
 69  3 December 1, 2001, filing deadline for the county annual
 69  4 financial report in accordance with section 331.403 are
 69  5 eligible to receive a funding distribution under this section.
 69  6 The amount that would otherwise be available for distribution
 69  7 to a county that fails to so comply shall be proportionately
 69  8 distributed among the eligible counties.
 69  9    5.  The department of human services shall authorize the
 69 10 issuance of warrants payable to the county treasurer for the
 69 11 distribution amounts due to the counties eligible under this
 69 12 section and notwithstanding prior practice for the MH/DD
 69 13 community services fund, the warrants shall be issued in
 69 14 January 2002.  
 69 15    Sec. 49.  EMERGENCY RULES.  If specifically authorized by a
 69 16 provision of this Act, the department of human services or the
 69 17 mental health and developmental disabilities commission may
 69 18 adopt administrative rules under section 17A.4, subsection 2,
 69 19 and section 17A.5, subsection 2, paragraph "b", to implement
 69 20 the provisions and the rules shall become effective
 69 21 immediately upon filing, unless the effective date is delayed
 69 22 by the administrative rules review committee, notwithstanding
 69 23 section 17A.4, subsection 5, and section 17A.8, subsection 9,
 69 24 or a later effective date is specified in the rules.  Any
 69 25 rules adopted in accordance with this section shall not take
 69 26 effect before the rules are reviewed by the administrative
 69 27 rules review committee.  Any rules adopted in accordance with
 69 28 the provisions of this section shall also be published as
 69 29 notice of intended action as provided in section 17A.4.
 69 30    Sec. 50.  REPORTS.  Any reports or information required to
 69 31 be compiled and submitted under this Act shall be submitted to
 69 32 the chairpersons and ranking members of the joint
 69 33 appropriations subcommittee on human services, the legislative
 69 34 fiscal bureau, the legislative service bureau, and to the
 69 35 legislative caucus staffs on or before the dates specified for
 70  1 submission of the reports or information.
 70  2    Sec. 51.  EQUIPMENT PURCHASE MORATORIUM.
 70  3    1.  Commencing on the effective date of this section, the
 70  4 department of human services shall eliminate nonessential
 70  5 equipment purchases otherwise payable from any appropriation
 70  6 or transfer made to the department for the fiscal years
 70  7 beginning July 1, 2000.  Notwithstanding section 8.33,
 70  8 $500,000 of the moneys appropriated and transfers made to the
 70  9 department of human services for the fiscal year beginning
 70 10 July 1, 2000, in 2000 Iowa Acts, chapters 1004, 1221, 1226,
 70 11 1228, 1231, and 1232, and any other provision of law, that may
 70 12 be used for equipment purposes, that remain unencumbered or
 70 13 unobligated at the close of the fiscal year shall not revert
 70 14 but shall remain available for expenditure for the purposes
 70 15 designated in the appropriations made in this Act until the
 70 16 close of the succeeding fiscal year.
 70 17    2.  Upon submission to the persons designated by this Act
 70 18 for receiving reports of a report describing the transfers
 70 19 being made, the department may transfer up to $2,500,000 to
 70 20 the appropriation in this Act for general administration from
 70 21 moneys that are budgeted for purchase of equipment in other
 70 22 appropriations made to the department in this Act.
 70 23    Sec. 52.  ADULT MENTAL HEALTH, MENTAL RETARDATION, AND
 70 24 DEVELOPMENTAL DISABILITIES SERVICES FUNDING DECATEGORIZATION
 70 25 PILOT PROJECT IMPLEMENTATION.  The following target dates are
 70 26 applicable to implementation of the adult mental health,
 70 27 mental retardation, and developmental disabilities services
 70 28 funding decategorization pilot project under section 331.440A:
 70 29    1.  May 2001:  Representatives of the pilot project and the
 70 30 department of human services shall visit Kansas City offices
 70 31 of the federal health care financing administration to present
 70 32 a concept paper and begin the development process for a
 70 33 section 1915b waiver application and section 1915c waiver
 70 34 amendment under the medical assistance program.
 70 35    2.  July 1, 2001:  The department of human services shall
 71  1 transfer responsibility for administering state case payments
 71  2 to the pilot project counties, including the monthly payment
 71  3 amount per eligible person provisions under the state's
 71  4 administrative services only contract for state cases and the
 71  5 applicable percentage of field operations staff expenses.
 71  6    3.  October 2001:  Federal social services block grant
 71  7 local purchase funding shall be directly transferred to the
 71  8 pilot project counties.
 71  9    4.  January 2002:  State supplementary assistance funding
 71 10 and civil commitment funding shall be transferred to the pilot
 71 11 project counties and the section 1915b waiver application and
 71 12 the section 1915c waiver amendment under the medical
 71 13 assistance program shall be submitted to the health care
 71 14 financing administration of the United States department of
 71 15 health and human services.
 71 16    5.  July 2002:  The state portion of the costs attributable
 71 17 to placements at a state mental health institute made from the
 71 18 pilot project counties, and the portion of funding for mental
 71 19 health and developmental disabilities services that is not
 71 20 county funding, including state and federal medical assistance
 71 21 program funding for such services, shall be transferred to the
 71 22 pilot project counties.
 71 23    Sec. 53.  EFFECTIVE DATES.  The following provisions of
 71 24 this Act, being deemed of immediate importance, take effect
 71 25 upon enactment:
 71 26    1.  Section 3, subsection 2, relating to nonreversion of
 71 27 moneys allocated for electronic benefits transfer development.
 71 28    2.  Section 14, subsection 2, paragraph "e", relating to
 71 29 requirements of section 232.143, for the 2001-2002 fiscal
 71 30 year.
 71 31    3.  Section 14, subsection 14, paragraph "a", relating to
 71 32 determining allocation of court-ordered services funding.
 71 33    4.  Section 26, subsection 2, relating to nonreversion of
 71 34 moneys appropriated in 2000 Iowa Acts, chapter 1228, section
 71 35 27.
 72  1    5.  Section 34, relating to nonreversion of moneys
 72  2 appropriated in 2000 Iowa Acts, chapter 1221, section 1, for
 72  3 home health care services, for home health care and
 72  4 habilitative day care for children with special needs, and for
 72  5 respite care provided through home and community-based waiver
 72  6 services, and relating to nonreversion of moneys appropriated
 72  7 in 2000 Iowa Acts, chapter 1221, section 3, for purchase of
 72  8 service contract providers.
 72  9    6.  Section 45, relating to nonreversion of moneys
 72 10 appropriated in 2000 Iowa Acts, chapter 1228, section 8, for
 72 11 medical assistance repayment receipts.
 72 12    7.  Section 46, relating to nonreversion of moneys
 72 13 appropriated in 2000 Iowa Acts, chapter 1228, section 9, for
 72 14 the pharmaceutical case management study.
 72 15    8.  Section 51, relating to the equipment purchase
 72 16 moratorium.
 72 17    9.  Section 52, relating to adult mental health, mental
 72 18 retardation, and developmental disabilities services funding
 72 19 decategorization pilot project implementation.  
 72 20 
 72 21 
 72 22                                                             
 72 23                               BRENT SIEGRIST
 72 24                               Speaker of the House
 72 25 
 72 26 
 72 27                                                             
 72 28                               MARY E. KRAMER
 72 29                               President of the Senate
 72 30 
 72 31    I hereby certify that this bill originated in the House and
 72 32 is known as House File 732, Seventy-ninth General Assembly.
 72 33 
 72 34 
 72 35                                                             
 73  1                               MARGARET THOMSON
 73  2                               Chief Clerk of the House
 73  3 Approved                , 2001
 73  4 
 73  5 
 73  6                            
 73  7 THOMAS J. VILSACK
 73  8 Governor
     

Text: HF00731                           Text: HF00733
Text: HF00700 - HF00799                 Text: HF Index
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