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House File 2615

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 2615
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO AND MAKING APPROPRIATIONS FROM THE HEALTHY
  1  5    IOWANS TOBACCO TRUST AND THE TOBACCO SETTLEMENT TRUST
  1  6    FUND, AND PROVIDING EFFECTIVE DATES, AND PROVIDING FOR
  1  7    RETROACTIVE APPLICABILITY.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  HEALTHY IOWANS TOBACCO TRUST – APPROPRIATIONS
  1 12 TO DEPARTMENTS.  There is appropriated from the healthy Iowans
  1 13 tobacco trust created in section 12.65 to the following
  1 14 departments for the fiscal year beginning July 1, 2002, and
  1 15 ending June 30, 2003, the following amounts, or so much
  1 16 thereof as is necessary, to be used for the purposes
  1 17 designated:
  1 18    1.  To the department of human services:
  1 19    a.  Unless otherwise provided, to maintain the
  1 20 reimbursement rate for all noninstitutional medical assistance
  1 21 providers, with the exception of anesthesia and dental
  1 22 services, at the rate provided under the federal Medicare
  1 23 program for such providers during the fiscal year beginning
  1 24 July 1, 2000, and ending June 30, 2001, as specified in 2000
  1 25 Iowa Acts, chapter 1221, section 1, subsection 1, paragraph
  1 26 "a", for the fiscal year July 1, 2002, through June 30, 2003,
  1 27 and to continue the resource-based relative value system of
  1 28 reimbursement under the medical assistance program:  
  1 29 .................................................. $  8,095,718
  1 30    b.  To maintain the reimbursement rate at the usual and
  1 31 customary rate as established in 2000 Iowa Acts, chapter 1221,
  1 32 section 1, subsection 1, paragraph "b", for the fiscal year
  1 33 July 1, 2002, through June 30, 2003, for dental services under
  1 34 the medical assistance program:  
  1 35 .................................................. $  3,814,973
  2  1    c.  To maintain the cost-of-living adjustment as
  2  2 established in 2000 Iowa Acts, chapter 1221, section 1,
  2  3 subsection 1, paragraph "c", for the fiscal year July 1, 2002,
  2  4 through June 30, 2003, for rehabilitative treatment and
  2  5 support services providers under child and family services:  
  2  6 .................................................. $  3,243,026
  2  7    d.  To maintain the cost-of-living adjustment as
  2  8 established in 2000 Iowa Acts, chapter 1221, section 1,
  2  9 subsection 1, paragraph "d", for the fiscal year July 1, 2002,
  2 10 through June 30, 2003, for adoption, independent living,
  2 11 shelter care, and home studies services providers:  
  2 12 .................................................. $    468,967
  2 13    e.  To maintain the reimbursement rate as established in
  2 14 2000 Iowa Acts, chapter 1221, section 1, subsection 1,
  2 15 paragraph "e", for the fiscal year July 1, 2002, through June
  2 16 30, 2003, for hospitals under the medical assistance program:  
  2 17 .................................................. $  3,035,278
  2 18    f.  To maintain the reimbursement rate as established in
  2 19 2000 Iowa Acts, chapter 1221, section 1, subsection 1,
  2 20 paragraph "f", for the fiscal year July 1, 2002, through June
  2 21 30, 2003, for home health care services under the medical
  2 22 assistance program:  
  2 23 .................................................. $  2,108,279
  2 24    g.  To maintain the reimbursement rate as established in
  2 25 2000 Iowa Acts, chapter 1221, section 1, subsection 1,
  2 26 paragraph "g", for the fiscal year July 1, 2002, through June
  2 27 30, 2003, for critical access hospitals under the medical
  2 28 assistance program:  
  2 29 .................................................. $    250,000
  2 30    h.  To maintain the expansion of home health care services
  2 31 and habilitative day care as established in 2000 Iowa Acts,
  2 32 chapter 1221, section 1, subsection 1, paragraph "h", under
  2 33 the medical assistance program for children with special
  2 34 needs:  
  2 35 .................................................. $  1,975,496
  3  1    i.  To maintain the expansion of respite care services
  3  2 provided through home and community-based waivers as
  3  3 established in 2000 Iowa Acts, chapter 1221, section 1,
  3  4 subsection 1, paragraph "i", under the medical assistance
  3  5 program:  
  3  6 .................................................. $  1,137,309
  3  7    j.  To maintain the reimbursement rate as established in
  3  8 2000 Iowa Acts, chapter 1221, section 1, subsection 1,
  3  9 paragraph "j", for the fiscal year July 1, 2002, through June
  3 10 30, 2003, to service providers under the purview of the
  3 11 department of human services:  
  3 12 .................................................. $    545,630
  3 13    2.  To the department of human services to continue the
  3 14 supplementation of the children's health insurance program
  3 15 appropriation:  
  3 16 .................................................. $    200,000
  3 17    3.  To the department of human services to continue the
  3 18 supplementation of the medical assistance appropriation:  
  3 19 .................................................. $ 17,500,000
  3 20    4.  To the department of human services to provide coverage
  3 21 under the medical assistance program to women who require
  3 22 treatment for breast or cervical cancer as provided in section
  3 23 249A.3, subsection 2, paragraph "b":  
  3 24 .................................................. $    250,000
  3 25    5.  To the Iowa department of public health:
  3 26    a.  For the tobacco use prevention and control initiative,
  3 27 including efforts at the state and local levels, as provided
  3 28 in chapter 142A and for not more than the following full-time
  3 29 equivalent positions:  
  3 30 .................................................. $  5,000,000
  3 31 ............................................... FTEs       7.00
  3 32    (1)  The director of public health shall dedicate
  3 33 sufficient resources to promote and ensure retailer compliance
  3 34 with tobacco laws and ordinances relating to persons under 18
  3 35 years of age, and shall prioritize the state's compliance in
  4  1 the allocation of available funds to comply with 42 U.S.C. }
  4  2 300X-26 and section 453A.2.
  4  3    (2)  Of the full-time equivalent positions funded under
  4  4 this section, two full-time equivalent positions shall be
  4  5 utilized to provide for enforcement of tobacco laws,
  4  6 regulations, and ordinances under a chapter 28D agreement
  4  7 entered into between the Iowa department of public health and
  4  8 the alcoholic beverages division of the department of
  4  9 commerce.
  4 10    (3)  Of the funds appropriated in this paragraph "a", not
  4 11 more than $525,759 shall be expended on administration and
  4 12 management of the program.
  4 13    (4)  Of the funds appropriated in this paragraph "a", not
  4 14 less than 80 percent of the amount expended in the fiscal year
  4 15 beginning July 1, 2001, for community partnerships shall be
  4 16 expended in the fiscal year beginning July 1, 2002, for that
  4 17 purpose.
  4 18    b.  For additional substance abuse treatment under the
  4 19 substance abuse treatment program:  
  4 20 .................................................. $ 10,000,000
  4 21    (1)  The department shall use funds appropriated in this
  4 22 paragraph "b" to enhance the quality of and to expand the
  4 23 capacity to provide 24-hour substance abuse treatment
  4 24 programs.
  4 25    (2)  The department shall use funds appropriated in this
  4 26 paragraph "b" to expand the length of individual client
  4 27 substance abuse treatment plans, as necessary to reduce
  4 28 program recidivism.
  4 29    (3)  The department shall use funds appropriated in this
  4 30 paragraph "b" to share research-based best practices for
  4 31 treatment with substance abuse treatment facilities.
  4 32    (4)  The department shall use funds appropriated in this
  4 33 paragraph "b" to develop a results-based funding approach for
  4 34 substance abuse treatment services.
  4 35    (5)  The department shall use funds appropriated in this
  5  1 paragraph "b" to develop a program to encourage individuals
  5  2 who are successfully managing their substance abuse problems
  5  3 to serve as role models.
  5  4    c.  For the healthy Iowans 2010 plan within the Iowa
  5  5 department of public health and for not more than the
  5  6 following full-time equivalent positions:  
  5  7 .................................................. $  2,390,064
  5  8 ............................................... FTEs       4.00
  5  9    (1)  Of the funds appropriated in this paragraph "c", not
  5 10 more than $1,157,482 shall be used for core public health
  5 11 functions, including home health care and public health
  5 12 nursing services, contracted through a formula by local boards
  5 13 of health, to enhance disease and injury prevention services.
  5 14    (2)  Of the funds appropriated in this paragraph "c", not
  5 15 more than $381,445 shall be used for the continuation and
  5 16 support of a coordinated system of delivery of trauma and
  5 17 emergency medical services.
  5 18    (3)  Of the funds appropriated in this paragraph "c", not
  5 19 more than $409,591 shall be used for the state poison control
  5 20 center.
  5 21    (4)  Of the funds appropriated in this paragraph "c", not
  5 22 more than $288,770 shall be used for the development of
  5 23 scientific and medical expertise in environmental
  5 24 epidemiology.
  5 25    (5)  Of the funds appropriated in this paragraph "c", not
  5 26 more than $76,388 shall be used to implement prevention
  5 27 strategies of healthy Iowans 2010 plan to address the leading
  5 28 causes of death in Iowa.
  5 29    (6)  Of the funds appropriated in this paragraph "c", not
  5 30 more than $76,388 shall be used for the childhood lead
  5 31 poisoning prevention program.
  5 32    d.  For provision of smoking cessation products as provided
  5 33 in this paragraph:  
  5 34 .................................................. $     75,000
  5 35    The department shall award grants to free health clinics
  6  1 that are tax-exempt organizations pursuant to 26 U.S.C. } 501
  6  2 (c)(3) to fund the provision of smoking cessation products to
  6  3 patients.  The department shall adopt a methodology for the
  6  4 awarding of the grants to the health clinics based upon the
  6  5 order of receipt of applications.
  6  6    6.  To the department of corrections:  
  6  7 .................................................. $    610,000
  6  8    a.  Of the funds appropriated in this subsection, $127,217
  6  9 is allocated to the second judicial district department of
  6 10 correctional services to replace expired federal funding for
  6 11 day programming.
  6 12    b.  Of the funds appropriated in this subsection $35,359 is
  6 13 allocated to the third judicial district department of
  6 14 correctional services to replace expired federal funding for
  6 15 the drug court program.
  6 16    c.  Of the funds appropriated in this subsection, $191,731
  6 17 is allocated to the fourth judicial district department of
  6 18 correctional services for a drug court program.
  6 19    d.  Of the funds appropriated in this subsection, $255,693
  6 20 is allocated to the fifth judicial district department of
  6 21 correctional services to replace expired funding for the drug
  6 22 court program.
  6 23    Sec. 2.  PURCHASE OF SERVICE CONTRACT PROVIDERS –
  6 24 REIMBURSEMENT INCREASE.  There is appropriated from the
  6 25 healthy Iowans tobacco trust created in section 12.65 to the
  6 26 property tax relief fund created in section 426B.1 for the
  6 27 fiscal year beginning July 1, 2002, and ending June 30, 2003,
  6 28 the following amount, or so much thereof as is necessary, to
  6 29 be used for the purposes designated:
  6 30    For assistance to the counties with limited county mental
  6 31 health, mental retardation, and developmental disabilities
  6 32 services fund balances which were selected in accordance with
  6 33 2000 Iowa Acts, chapter 1221, section 3, to receive such
  6 34 assistance in the same amount provided during the fiscal year
  6 35 beginning July 1, 2000, and ending June 30, 2001, to pay
  7  1 reimbursement increases in accordance with 2000 Iowa Acts,
  7  2 chapter 1221, section 3:  
  7  3 .................................................. $    146,750
  7  4    Sec. 3.  IOWA EMPOWERMENT FUND.  There is appropriated from
  7  5 the healthy Iowans tobacco trust created in section 12.65, to
  7  6 the Iowa empowerment fund created in section 28.9 for the
  7  7 fiscal year beginning July 1, 2002, and ending June 30, 2003,
  7  8 for deposit in the school ready children grants account and
  7  9 for distribution as provided in this section:  
  7 10 .................................................. $  1,153,250
  7 11    Sec. 4.  IOWA DEPARTMENT OF HUMAN SERVICES.  There is
  7 12 appropriated from the healthy Iowans tobacco trust created in
  7 13 section 12.65, to the department of human services for the
  7 14 fiscal year beginning July 1, 2002, and ending June 30, 2003,
  7 15 the following amount, or so much thereof as is necessary, to
  7 16 be used for the purposes designated:
  7 17    For the implementation of the provisions of the federal
  7 18 Health Insurance Portability and Accountability Act, Pub. L.
  7 19 No. 104-191 relating to the medical assistance program:  
  7 20 .................................................. $  2,100,000
  7 21    Notwithstanding section 8.33, moneys appropriated under
  7 22 this section that are unobligated or unencumbered at the end
  7 23 of the fiscal year beginning June 30, 2002, and ending June
  7 24 30, 2003, shall not revert, but shall remain available for the
  7 25 specific purposes designated in this section until June 30,
  7 26 2004.
  7 27    Sec. 5.  DEPARTMENT OF CORRECTIONS – SPECIAL NEEDS UNIT.
  7 28 There is appropriated from the healthy Iowans tobacco trust
  7 29 created in section 12.65, to the department of corrections for
  7 30 the fiscal year beginning July 1, 2002, and ending June 30,
  7 31 2003, the following amount, or so much thereof as is
  7 32 necessary, to be used for the purpose designated:
  7 33    For operating the special needs unit at the Fort Madison
  7 34 correctional facility and for not more than the following
  7 35 full-time equivalent positions:  
  8  1 .................................................. $  1,100,000
  8  2 ............................................... FTEs      17.87
  8  3    Sec. 6.  PRIOR YEAR NONREVERSION.  Notwithstanding 2001
  8  4 Iowa Acts, chapter 184, section 3, subsection 3, 2001 Iowa
  8  5 Acts, chapter 184, section 13, and section 8.33, moneys
  8  6 appropriated under 2001 Iowa Acts, chapter 184, section 3,
  8  7 subsection 2, for the establishment and operating of a
  8  8 substance abuse treatment facility which are unobligated or
  8  9 unencumbered on April 1, 2002, shall not be expended or
  8 10 obligated during the remainder of the fiscal year beginning
  8 11 July 1, 2001, and ending June 30, 2002, and shall not revert
  8 12 but shall be available for the fiscal year beginning July 1,
  8 13 2002, and ending June 30, 2003, for the following:
  8 14    1.  The first $27,409 available shall be used to supplement
  8 15 the appropriations in this or any other Act for the state
  8 16 poison control center.
  8 17    2.  The next $172,591 available shall be used for a value-
  8 18 based treatment program at the Newton correctional facility.
  8 19    3.  The remaining moneys available shall be used to
  8 20 supplement the appropriations in this or any other Act for
  8 21 substance abuse treatment under the substance abuse treatment
  8 22 program.
  8 23    4.  Any unobligated or unencumbered moneys remaining at the
  8 24 end of the fiscal year beginning July 1, 2002, shall revert to
  8 25 the healthy Iowans tobacco trust.
  8 26    Sec. 7.  TOBACCO USE PREVENTION AND CONTROL INITIATIVE –
  8 27 FY 2001-2002 NONREVERSION.  Notwithstanding section 8.33 and
  8 28 2001 Iowa Acts, chapter 184, section 13, moneys appropriated
  8 29 for the tobacco use prevention and control initiative in 2001
  8 30 Iowa Acts, chapter 184, section 1, subsection 5, paragraph
  8 31 "a", that remain unencumbered or unobligated at the close of
  8 32 the fiscal year shall not revert but shall remain available
  8 33 for expenditure for the purposes designated until the close of
  8 34 the succeeding fiscal year.
  8 35    Sec. 8.  2001 Iowa Acts, chapter 174, section 1, is amended
  9  1 to read as follows:
  9  2    SECTION 1.  TOBACCO SETTLEMENT TRUST FUND.
  9  3    1.  Notwithstanding provisions to the contrary in sections
  9  4 99D.17 and 99F.11, and notwithstanding provisions to the
  9  5 contrary in section 8.57, subsection 5, paragraph "e", and
  9  6 following deposits in the general fund of the state, the
  9  7 vision Iowa fund created in section 12.72, and the school
  9  8 infrastructure fund created in section 12.82, pursuant to
  9  9 section 8.57, subsection 5, paragraph "e", for the designated
  9 10 fiscal years, the following moneys received pursuant to
  9 11 sections 99D.17 and 99F.11 shall be deposited in the endowment
  9 12 for Iowa's health account of the tobacco settlement trust fund
  9 13 created in section 12E.12 for the purposes specified in
  9 14 section 12E.12 for the endowment for Iowa's health account:  
  9 15 FY 2001-2002 ..................................... $ 80,000,000
  9 16 FY 2002-2003 ..................................... $ 75,000,000
  9 17 FY 2003-2004 ..................................... $ 70,000,000
  9 18 FY 2004-2005 ..................................... $ 70,000,000
  9 19 FY 2005-2006 ..................................... $ 70,000,000
  9 20 FY 2006-2007 ..................................... $ 70,000,000
  9 21    The total moneys received pursuant to sections 99D.17 and
  9 22 99F.11 in a fiscal year, in excess of the moneys received
  9 23 pursuant to sections 99D.17 and 99F.11 and deposited in the
  9 24 general fund of the state, the vision Iowa fund, the school
  9 25 infrastructure fund, and the tobacco settlement trust fund,
  9 26 shall be deposited in the rebuild Iowa infrastructure fund and
  9 27 shall be used as provided in section 8.57, notwithstanding
  9 28 section 8.60.
  9 29    For the fiscal year beginning July 1, 2002, and ending June
  9 30 30, 2003, of the $75,000,000 to be deposited in the endowment
  9 31 for Iowa's health account of the tobacco settlement trust
  9 32 fund, $9,000,000 shall be transferred to the healthy Iowans
  9 33 tobacco trust created in section 12.65.
  9 34    2.  There is appropriated from the general fund of the
  9 35 state to the endowment for Iowa's health account of the
 10  1 tobacco settlement trust fund created in section 12E.12, for
 10  2 the designated fiscal years, the following amounts, to be used
 10  3 for the purposes specified in section 12E.12 for the endowment
 10  4 for Iowa's health account:  
 10  5 FY 2001-2002 ..................................... $  7,248,000
 10  6 FY 2002-2003 ..................................... $ 27,087,000
 10  7 FY 2003-2004 ..................................... $ 28,251,000
 10  8 FY 2004-2005 ..................................... $ 29,785,000
 10  9 FY 2005-2006 ..................................... $ 29,562,000
 10 10 FY 2006-2007 ..................................... $ 17,773,000
 10 11    Sec. 9.  EFFECTIVE DATES.
 10 12    1.  Section 4 of this Act, relating to the appropriation to
 10 13 the department of human services for the implementation of the
 10 14 federal Health Insurance Portability and Accountability Act,
 10 15 being deemed of immediate importance, takes effect upon
 10 16 enactment.
 10 17    2.  Section 7 of this Act, relating to nonreversion of
 10 18 moneys appropriated for the tobacco use prevention and control
 10 19 initiative, being deemed of immediate importance, takes effect
 10 20 upon enactment.
 10 21    Sec. 10.  EFFECTIVE DATE – RETROACTIVE APPLICABILITY.
 10 22 Section 6 of this Act, relating to nonexpenditure,
 10 23 nonobligation, and nonreversion of funds remaining
 10 24 unencumbered or unobligated on April 1, 2002, which were
 10 25 appropriated for the establishment and operation of a
 10 26 substance abuse treatment facility and which are to be
 10 27 available in the fiscal year beginning July 1, 2002, and
 10 28 ending June 30, 2003, takes effect upon enactment and is
 10 29 retroactively applicable to April 1, 2002.  
 10 30 
 10 31 
 10 32                                                             
 10 33                               BRENT SIEGRIST
 10 34                               Speaker of the House
 10 35 
 11  1 
 11  2                                                             
 11  3                               MARY E. KRAMER
 11  4                               President of the Senate
 11  5 
 11  6    I hereby certify that this bill originated in the House and
 11  7 is known as House File 2615, Seventy-ninth General Assembly.
 11  8 
 11  9 
 11 10                                                             
 11 11                               MARGARET THOMSON
 11 12                               Chief Clerk of the House
 11 13 Approved                , 2002
 11 14 
 11 15 
 11 16                            
 11 17 THOMAS J. VILSACK
 11 18 Governor
     

Text: HF02614                           Text: HF02616
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Bills and Amendments: General Index     Bill History: General Index

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