Text: HSB00253 Text: HSB00255 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. EARLY CHILDHOOD FUNDING. 1 2 1. The appropriations made in 1998 Iowa Acts, chapter 1 3 1218, section 2, and 2000 Iowa Acts, chapter 1220, section 2, 1 4 subsection 1, paragraph "b", from the fund created in section 1 5 8.41 to the department of human services for the fiscal year 1 6 beginning July 1, 2001, and ending June 30, 2002, from moneys 1 7 received under the federal temporary assistance for needy 1 8 families (TANF) block grant shall be used for funding of 1 9 community-based programs targeted to children from birth 1 10 through five years of age, developed by community empowerment 1 11 areas as provided in this section. 1 12 2. The department may transfer federal temporary 1 13 assistance for needy families block grant funding appropriated 1 14 and allocated in this section to the child care and 1 15 development block grant in accordance with federal law as 1 16 necessary to comply with the provisions of this section. The 1 17 funding shall then be provided to community empowerment areas 1 18 for the fiscal year beginning July 1, 2001, in accordance with 1 19 all of the following: 1 20 a. The area must be approved as a designated community 1 21 empowerment area by the Iowa empowerment board. 1 22 b. The maximum funding amount a community empowerment area 1 23 is eligible to receive shall be determined by applying the 1 24 area's percentage of the state's average monthly family 1 25 investment program population in the preceding fiscal year to 1 26 the total amount appropriated for fiscal year 2001-2002 from 1 27 the TANF block grant to fund community-based programs targeted 1 28 to children from birth through five years of age developed by 1 29 community empowerment areas. 1 30 c. A community empowerment area receiving funding shall 1 31 comply with any federal reporting requirements associated with 1 32 the use of that funding and other results and reporting 1 33 requirements established by the Iowa empowerment board. The 1 34 department shall provide technical assistance in identifying 1 35 and meeting the federal requirements. 2 1 d. The availability of funding provided under this section 2 2 is subject to changes in federal requirements and amendments 2 3 to Iowa law. 2 4 3. The moneys distributed in accordance with this section 2 5 shall be used by communities for the purposes of enhancing 2 6 quality child care capacity in support of parent capability to 2 7 obtain or retain employment. The moneys shall be used with a 2 8 primary emphasis on low-income families and children from 2 9 birth to five years of age. Moneys shall be provided in a 2 10 flexible manner to communities, and shall be used to implement 2 11 strategies identified by the communities to achieve such 2 12 purposes. The strategies may include but are not limited to 2 13 developing capacity for regular child care, sick child care, 2 14 night shifts child care, and emergency child care; enhancing 2 15 linkages between the head start and early head start programs, 2 16 early childhood development programs, and child care 2 17 assistance programs; and implementing other strategies to 2 18 enhance access to child care. The moneys may be used to 2 19 either build capacity or for support of ongoing efforts. In 2 20 addition to the full-time equivalent positions funded in this 2 21 Act, 1.00 full-time equivalent position is authorized and the 2 22 department may use funding appropriated in this section for 2 23 provision of technical assistance and other support to 2 24 communities developing and implementing strategies with moneys 2 25 distributed in accordance with this section. 2 26 4. Moneys which are subject to this section which are not 2 27 distributed to a community empowerment area or otherwise 2 28 remain unobligated or unexpended at the end of the fiscal year 2 29 shall revert to the fund created in section 8.41 to be 2 30 available for appropriation by the general assembly in a 2 31 subsequent fiscal year. 2 32 Sec. 2. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 2 33 GRANT. There is appropriated from the fund created in section 2 34 8.41 to the department of human services for the fiscal year 2 35 beginning July 1, 2001, and ending June 30, 2002, from moneys 3 1 received under the federal temporary assistance for needy 3 2 families block grant pursuant to the federal Personal 3 3 Responsibility and Work Opportunity Reconciliation Act of 3 4 1996, Pub. L. No. 104-193, which are federally appropriated 3 5 for the federal fiscal years beginning October 1, 1999, and 3 6 ending September 30, 2000, beginning October 1, 2000, and 3 7 ending September 30, 2001, and beginning October 1, 2001, and 3 8 ending September 30, 2002, the following amounts, or so much 3 9 thereof as is necessary, to be used for the purposes 3 10 designated: 3 11 Moneys appropriated in this section shall be used in 3 12 accordance with the federal law making the funds available, 3 13 applicable Iowa law, appropriations made from the general fund 3 14 of the state in this Act for the purpose designated, and 3 15 administrative rules adopted to implement the federal and Iowa 3 16 law. If actual federal revenues credited to the fund created 3 17 in section 8.41 through June 30, 2002, are less than the 3 18 amounts appropriated in this section, the amounts appropriated 3 19 shall be reduced proportionately and the department may reduce 3 20 expenditures as deemed necessary by the department to meet the 3 21 reduced funding level: 3 22 1. To be credited to the family investment program account 3 23 and used for assistance under the family investment program 3 24 under chapter 239B: 3 25 .................................................. $ 39,287,318 3 26 2. To be credited to the family investment program account 3 27 and used for the job opportunities and basic skills (JOBS) 3 28 program, and implementing family investment agreements, in 3 29 accordance with chapter 239B: 3 30 .................................................. $ 20,830,113 3 31 3. For field operations: 3 32 .................................................. $ 12,885,790 3 33 4. For general administration: 3 34 .................................................. $ 3,238,614 3 35 5. For local administrative costs: 4 1 .................................................. $ 2,122,982 4 2 6. For state child care assistance: 4 3 ................................................. $ 28,638,329 4 4 Of the funds appropriated in this subsection, $200,000 4 5 shall be used for child care emergency and start-up grants in 4 6 accordance with this paragraph. The funding allocated in this 4 7 paragraph shall be used to provide emergency grants to 4 8 existing licensed or registered child care facilities having 4 9 negative financial circumstances that will cause the 4 10 facilities to close without outside assistance. The funding 4 11 shall also be used to provide start-up funding to develop new 4 12 licensed or registered child care facilities that will 4 13 increase the availability of child care slots in communities. 4 14 The department shall establish criteria for distribution of 4 15 the grant funding. The criteria shall include a requirement 4 16 that grant funding is used to further the long-term financial 4 17 survival of grant recipients, a requirement that funding is 4 18 targeted to facilities providing essential child care services 4 19 to low-income families, required disclosure of necessary 4 20 financial information, establishment of a maximum grant amount 4 21 and a maximum number of grants to be issued in order to make 4 22 funding available to as many facilities as possible, and other 4 23 provisions to ensure appropriate use of the funding. The 4 24 application for a grant shall not exceed two pages in length. 4 25 7. For emergency assistance: 4 26 .................................................. $ 2,846,432 4 27 8. For mental health and developmental disabilities 4 28 community services: 4 29 .................................................. $ 4,349,266 4 30 9. For child and family services: 4 31 .................................................. $ 23,096,571 4 32 10. For child abuse prevention: 4 33 .................................................. $ 731,000 4 34 11. For pregnancy prevention grants on the condition that 4 35 family planning services are funded: 5 1 .................................................. $ 2,514,413 5 2 Pregnancy prevention grants shall be awarded to programs in 5 3 existence on or before July 1, 2001, if the programs are 5 4 comprehensive in scope and have demonstrated positive 5 5 outcomes. Grants shall be awarded to pregnancy prevention 5 6 programs which are developed after July 1, 2001, if the 5 7 programs are comprehensive in scope and are based on existing 5 8 models that have demonstrated positive outcomes. Priority in 5 9 the awarding of grants shall be given to programs that serve 5 10 areas of the state which demonstrate the highest percentage of 5 11 unplanned pregnancies of females age 13 or older but younger 5 12 than age 18 within the geographic area to be served by the 5 13 grant. 5 14 12. For technology needs and other resources necessary to 5 15 meet federal welfare reform reporting, tracking, and case 5 16 management requirements: 5 17 .................................................. $ 1,182,217 5 18 13. For supervised community treatment under child and 5 19 family services: 5 20 .................................................. $ 300,000 5 21 14. For volunteers: 5 22 .................................................. $ 42,663 5 23 15. For individual development accounts under chapter 5 24 541A: 5 25 .................................................. $ 250,000 5 26 16. For the healthy opportunities for parents to 5 27 experience success (HOPES) program administered by the Iowa 5 28 department of public health to target child abuse prevention: 5 29 .................................................. $ 200,000 5 30 17. For deposit in the Iowa marriage initiative grant fund 5 31 created in section 234.45: 5 32 .................................................. $ 500,000 5 33 a. The moneys deposited in the Iowa marriage initiative 5 34 grant fund pursuant to this subsection are appropriated to the 5 35 department for the fiscal year beginning July 1, 2001, and 6 1 ending June 30, 2002, to be used in accordance with this 6 2 subsection. 6 3 b. The department shall establish an Iowa marriage 6 4 initiative grant program to fund services to support marriage 6 5 and to encourage the formation and maintenance of two-parent 6 6 families that are secure and nurturing. 6 7 c. The program shall require that a grantee be a nonprofit 6 8 organization incorporated in this state with successful 6 9 experience in facilitating marriage promotion activities, 6 10 working with various faith-based organizations and the leaders 6 11 of the organizations, using media resources in promoting 6 12 marriage, making presentations to service and faith-based 6 13 organizations, and in raising private funding for activities 6 14 that support marriage. 6 15 d. The program activities funded by a grant shall include 6 16 but are not limited to working with leaders of faith-based 6 17 organizations to utilize premarital diagnostic tools, to 6 18 implement marriage agreements developed by the respective 6 19 faith-based organization that provide for an appropriate 6 20 engagement period and premarital and postmarital counseling, 6 21 and to use volunteer mentors in program activities. 6 22 e. Grants shall be awarded in a manner that results in 6 23 provision of services in an equal number of urban and rural 6 24 geographic areas. The department shall implement the grant 6 25 program so that the request for proposals is issued on or 6 26 before October 1, 2001, and so that any grants are awarded on 6 27 or before January 1, 2002. 6 28 f. The department shall provide a copy of the request for 6 29 proposals and shall submit a report concerning the proposals 6 30 received and grants awarded to those persons designated by 6 31 this Act to receive reports. 6 32 Of the amounts appropriated in this section, $11,612,112 6 33 for the fiscal year beginning July 1, 2001, shall be 6 34 transferred to the appropriation of the federal social 6 35 services block grant for that fiscal year. The moneys 7 1 transferred shall be apportioned among the allocations made in 7 2 that appropriation in proportion to the amount that each 7 3 allocation bears to the total amount appropriated. 7 4 Eligible funding available under the federal temporary 7 5 assistance for needy families block grant that is not 7 6 appropriated or not otherwise expended shall be considered 7 7 reserved for economic downturns and welfare reform purposes 7 8 and is subject to further state appropriation to support 7 9 families in their movement toward self-sufficiency. 7 10 Sec. 3. FAMILY INVESTMENT PROGRAM ACCOUNT. 7 11 1. Moneys credited to the family investment program (FIP) 7 12 account for the fiscal year beginning July 1, 2001, and ending 7 13 June 30, 2002, shall be used in accordance with the following 7 14 requirements: 7 15 a. The department shall provide assistance in accordance 7 16 with chapter 239B. 7 17 b. The department shall continue the special needs program 7 18 under the family investment program. 7 19 c. The department shall continue to comply with federal 7 20 welfare reform data requirements pursuant to the 7 21 appropriations made for that purpose. 7 22 d. The department shall continue to make entrepreneurial 7 23 training available to families receiving assistance under the 7 24 family investment program. The department may contract for 7 25 these services. 7 26 e. (1) The department shall continue expansion of the 7 27 electronic benefit transfer program as necessary to comply 7 28 with federal requirements. Notwithstanding 1998 Iowa Acts, 7 29 chapter 1218, section 5, subsection 1, paragraph "d", 1999 7 30 Iowa Acts, chapter 203, section 5, subsection 1, paragraph 7 31 "d", and 2000 Iowa Acts, chapter 1228, section 4, subsection 7 32 1, paragraph "e", the target date for statewide implementation 7 33 of the program is October 1, 2002. 7 34 (2) It is the intent of the general assembly that the 7 35 electronic benefits transfer program shall include the 8 1 capability for medical assistance and child care service 8 2 providers to submit billings electronically and to receive 8 3 payment through electronic funds transfer. 8 4 (3) It is the intent of the general assembly that 8 5 electronic funds transfer system equipment provided by a 8 6 retailer participating in the program shall be utilized to the 8 7 extent practicable for electronic benefits transfer 8 8 transactions for the purchase of food from the retailer. 8 9 2. Notwithstanding 2000 Iowa Acts, chapter 1226, section 8 10 5, subsection 4, moneys allocated for electronic benefit 8 11 transfer development pursuant to 2000 Iowa Acts, chapter 1226, 8 12 section 5, subsection 2, paragraph "e", subparagraph (9), 8 13 which remain unobligated or unexpended at the close of the 8 14 fiscal year shall not revert to the general fund of the state 8 15 but shall remain available for the purposes designated in the 8 16 succeeding fiscal year. 8 17 3. The department may use a portion of the moneys credited 8 18 to the family investment account under this section, as 8 19 necessary for salaries, support, maintenance, and 8 20 miscellaneous purposes for not more than the following full- 8 21 time equivalent positions which are in addition to any other 8 22 full-time equivalent positions authorized by this Act: 8 23 ............................................... FTEs 8.00 8 24 4. The department may transfer funds in accordance with 8 25 section 8.39, either federal or state, to or from the child 8 26 care appropriations made for the fiscal year beginning July 1, 8 27 2001, if the department deems this would be a more effective 8 28 method of paying for JOBS program child care, to maximize 8 29 federal funding, or to meet federal maintenance of effort 8 30 requirements. 8 31 5. Moneys appropriated in this Act and credited to the 8 32 family investment program account for the fiscal year 8 33 beginning July 1, 2001, and ending June 30, 2002, are 8 34 allocated as follows: 8 35 a. For the food stamp employment and training program: 9 1 .................................................. $ 150,000 9 2 b. For the family development and self-sufficiency grant 9 3 program as provided under section 217.12: 9 4 .................................................. $ 5,697,825 9 5 (1) Of the funds allocated for the family development and 9 6 self-sufficiency grant program in this lettered paragraph, not 9 7 more than 5 percent of the funds shall be used for the 9 8 administration of the grant program. 9 9 (2) Based upon the annual evaluation report concerning 9 10 each grantee funded by previously appropriated funds and 9 11 through the solicitation of additional grant proposals, the 9 12 family development and self-sufficiency council may use the 9 13 allocated funds to renew or expand existing grants or award 9 14 new grants. In utilizing the increased funding to expand the 9 15 program, the council shall give consideration, in addition to 9 16 other criteria established by the council, to a grant 9 17 proposal's intended use of local funds with a grant and to 9 18 whether a grant proposal would expand the availability of the 9 19 program's services to a wider geographic area. 9 20 (3) Family development and self-sufficiency grantees shall 9 21 not supplant previous local funding with state or federal 9 22 funds. 9 23 (4) The department shall continue to implement the family 9 24 development and self-sufficiency grant program statewide 9 25 during FY 2001-2002. 9 26 c. For income maintenance reengineering: 9 27 .................................................. $ 700,000 9 28 d. For the diversion program and incentive grants as 9 29 follows: 9 30 (1) For the diversion subaccount of the family investment 9 31 program account: 9 32 .................................................. $ 3,200,000 9 33 Moneys allocated to the diversion subaccount shall be used 9 34 to continue the pilot initiative of providing incentives to 9 35 assist families who meet income eligibility requirements for 10 1 the family investment program in obtaining or retaining 10 2 employment, to assist participant families in overcoming 10 3 barriers to obtaining employment, and to assist families in 10 4 stabilizing employment and in reducing the likelihood of the 10 5 family returning to the family investment program. Incentives 10 6 may be provided in the form of payment or services. The 10 7 department may limit the availability of the pilot initiative 10 8 on the basis of geographic area or numbers of individuals 10 9 provided with incentives. The department shall attempt to 10 10 assess and screen individuals who would most likely benefit 10 11 from the services. The department shall continue the 10 12 diversion initiative in the fiscal year 2001-2002. In 10 13 addition to the full-time equivalent positions authorized in 10 14 this Act, 1.00 FTE is authorized and the department may use up 10 15 to $50,000 to facilitate community investment in welfare 10 16 reform and to support continuation of the diversion program. 10 17 The department may grant diversion moneys to the level of the 10 18 entity operating an initiative. The department may adopt 10 19 additional eligibility criteria as necessary for compliance 10 20 with federal law and for screening those families who would be 10 21 most likely to become eligible for the family investment 10 22 program if diversion incentives would not be provided. 10 23 (2) For continuation of innovative strategies on a 10 24 statewide or pilot project basis for supporting job retention, 10 25 family structure, or both, including services to noncustodial 10 26 parents and young parents: 10 27 .................................................. $ 650,000 10 28 (3) Of the moneys allocated in subparagraph (2), not more 10 29 than $250,000 shall be used to develop or continue community- 10 30 level parental obligation pilot projects. A pilot project 10 31 shall be operated with the goal of assisting parents who are 10 32 living apart in meeting their parental obligations and in 10 33 supporting their children. A pilot project may also seek to 10 34 prevent the separation of families by including families at 10 35 risk of separation in project services. Any pilot project 11 1 shall maximize the use of existing community resources for 11 2 family counseling, legal services, mediation, job training and 11 3 job skills development, substance abuse treatment and 11 4 prevention, health maintenance, and personal mentoring. Local 11 5 communities shall also be encouraged to provide financial 11 6 resources. 11 7 (a) Notwithstanding any other provision of law to the 11 8 contrary, the department shall develop procedures for the 11 9 pilot projects to expedite all of the following: 11 10 (i) The establishment and adjustment of support 11 11 obligations, with the consent of both parents, in a manner 11 12 which may deviate from the child support guidelines. 11 13 (ii) Changes in income withholding orders based on 11 14 individual case circumstances. 11 15 (iii) Satisfaction of a portion of support amounts owed to 11 16 the state based on cooperation and compliance by the 11 17 noncustodial parent with project requirements. 11 18 (iv) Adjustment of visitation and shared custody 11 19 arrangements in a manner which enhances the ability of each 11 20 parent to meet parental obligations. 11 21 (b) The department shall adopt rules for the development, 11 22 operation, and monitoring of a project; to establish the 11 23 minimum required amount of community support; to establish 11 24 expedited procedures; and to establish other criteria and 11 25 procedures as appropriate. 11 26 (c) The department shall use the funds authorized in this 11 27 subparagraph to employ 1.00 full-time equivalent position to 11 28 manage the pilot project or projects. The department shall 11 29 also use the authorized funds to employ other full-time 11 30 equivalent positions or to provide services, as necessary, to 11 31 assist in the coordination, development, and operation of 11 32 community-level pilot projects and to achieve the expedited 11 33 procedures established. Any full-time equivalent positions 11 34 authorized in this subparagraph subdivision are in addition to 11 35 any other full-time equivalent positions authorized by law. 12 1 (4) Of the moneys allocated in subparagraph (2), not more 12 2 than $200,000 shall be used to continue to study the impact 12 3 that moving unemployed family investment program parents into 12 4 employment has on the well-being of the children, the parent, 12 5 and the family. The department shall include in this well- 12 6 being study a method of actual contact with the families and 12 7 children, and shall consider broad-based impacts, such as 12 8 educational achievement, health status, housing stability, 12 9 family stability, and use of supportive social services. The 12 10 department shall also seek funding through foundations and the 12 11 federal government in order to supplement the funding for this 12 12 study. The results of the study shall be submitted to the 12 13 persons required by this Act to receive reports. 12 14 (5) Of the moneys allocated in subparagraph (2), not more 12 15 than $100,000 shall be used for providing additional incentive 12 16 payments to contracted agencies who demonstrate success at 12 17 completing well-being visits for families terminated from the 12 18 family investment program under a limited benefit plan. The 12 19 department shall use these funds to increase payments to 12 20 agencies who complete a higher percentage of well-being 12 21 visits, who achieve a significant percentage of visits in a 12 22 face-to-face format, or who are able to observe and interact 12 23 with the children during a significant percentage of visits. 12 24 6. Of the child support collections assigned under the 12 25 family investment program, an amount equal to the federal 12 26 share of support collections shall be credited to the child 12 27 support recovery appropriation. The remainder of the assigned 12 28 child support collections received by the child support 12 29 recovery unit shall be credited to the family investment 12 30 program account. 12 31 7. The department may adopt emergency administrative rules 12 32 for the family investment, food stamp, and medical assistance 12 33 programs, if necessary, to comply with federal requirements. 12 34 Prior to adoption of the rules, the department shall consult 12 35 with the welfare reform council and the chairpersons and 13 1 ranking members of the joint appropriations subcommittee on 13 2 human services. 13 3 8. The department may continue the initiative to 13 4 streamline and simplify the employer verification process for 13 5 applicants, participants, and employers in the administration 13 6 of the department's programs. The department may contract 13 7 with companies collecting data from employers when the 13 8 information is needed in the administration of these programs. 13 9 The department may limit the availability of the initiative on 13 10 the basis of geographic area or number of individuals. 13 11 Sec. 4. FAMILY INVESTMENT PROGRAM GENERAL FUND. There is 13 12 appropriated from the general fund of the state to the 13 13 department of human services for the fiscal year beginning 13 14 July 1, 2001, and ending June 30, 2002, the following amount, 13 15 or so much thereof as is necessary, to be used for the purpose 13 16 designated: 13 17 To be credited to the family investment program account and 13 18 used for family investment program assistance under chapter 13 19 239B: 13 20 .................................................. $ 36,000,000 13 21 1. The department of workforce development, in 13 22 consultation with the department of human services, shall 13 23 continue to utilize recruitment and employment practices to 13 24 include former and current family investment program 13 25 recipients. 13 26 2. The department of human services shall continue to work 13 27 with the department of workforce development and local 13 28 community collaborative efforts to provide support services 13 29 for family investment program participants. The support 13 30 services shall be directed to those participant families who 13 31 would benefit from the support services and are likely to have 13 32 success in achieving economic independence. 13 33 3. Of the funds appropriated in this section, $9,564,352 13 34 is allocated for the JOBS program. 13 35 4. The department shall continue to work with religious 14 1 organizations and other charitable institutions to increase 14 2 the availability of host homes, referred to as second chance 14 3 homes or other living arrangements under the federal Personal 14 4 Responsibility and Work Opportunity Reconciliation Act of 14 5 1996, Pub. L. No. 104-193, } 103. The purpose of the homes or 14 6 arrangements is to provide a supportive and supervised living 14 7 arrangement for minor parents receiving assistance under the 14 8 family investment program who, under chapter 239B, may receive 14 9 assistance while living in an alternative setting other than 14 10 with their parent or legal guardian. 14 11 Sec. 5. EMERGENCY ASSISTANCE. There is appropriated from 14 12 the general fund of the state to the department of human 14 13 services for the fiscal year beginning July 1, 2001, and 14 14 ending June 30, 2002, the following amount, or so much thereof 14 15 as is necessary, to be used for the purpose designated: 14 16 For emergency assistance to families with dependent 14 17 children for homeless prevention programs: 14 18 .................................................. $ 10,000 14 19 1. The emergency assistance provided for in this section 14 20 and federal moneys appropriated for this purpose in this Act 14 21 shall be available beginning October 1 of the fiscal year and 14 22 shall be provided only if all other publicly funded resources 14 23 have been exhausted. Specifically, emergency assistance is 14 24 the program of last resort and shall not supplant assistance 14 25 provided by the low-income home energy assistance program 14 26 (LIHEAP), county general relief, and veterans affairs 14 27 programs. The department shall establish a $500 maximum 14 28 payment, per family, in a twelve-month period. The emergency 14 29 assistance includes, but is not limited to, assisting people 14 30 who face eviction, potential eviction, or foreclosure, utility 14 31 shutoff or fuel shortage, loss of heating energy supply or 14 32 equipment, homelessness, utility or rental deposits, or other 14 33 specified crisis which threatens family or living 14 34 arrangements. The emergency assistance shall be available to 14 35 migrant families who would otherwise meet eligibility 15 1 criteria. The department may contract for the administration 15 2 and delivery of the program. The program shall be terminated 15 3 when funds are exhausted. 15 4 2. For the fiscal year beginning July 1, 2001, the 15 5 department shall continue the process for the state to receive 15 6 refunds of utility and rent deposits, including any accrued 15 7 interest, for emergency assistance recipients which were paid 15 8 by persons other than the state. The department shall also 15 9 receive refunds, including any accrued interest, of assistance 15 10 paid with funding available under this program. The refunds 15 11 received by the department under this subsection shall be 15 12 deposited with the moneys of the appropriation made in this 15 13 section and used as additional funds for the emergency 15 14 assistance program. Notwithstanding section 8.33, moneys 15 15 received by the department under this subsection which remain 15 16 after the emergency assistance program is terminated and state 15 17 or federal moneys in the emergency assistance account which 15 18 remain unobligated or unexpended at the close of the fiscal 15 19 year shall not revert to the general fund of the state but 15 20 shall remain available for expenditure when the program 15 21 resumes operation on October 1 in the succeeding fiscal year. 15 22 3. Of the funds appropriated in this section, $10,000 is 15 23 allocated to the community voice mail program to continue the 15 24 existing program. The funds shall be made available beginning 15 25 July 1, 2001. The community voice mail program shall submit 15 26 semiannual reports to the department which, at a minimum, 15 27 specify, on a county basis, the unduplicated number of 15 28 households participating in the program for the previous six- 15 29 month period. The report shall be submitted no later than the 15 30 last business day of the month immediately following the end 15 31 of the six-month period. 15 32 Sec. 6. CHILD SUPPORT RECOVERY. There is appropriated 15 33 from the general fund of the state to the department of human 15 34 services for the fiscal year beginning July 1, 2001, and 15 35 ending June 30, 2002, the following amount, or so much thereof 16 1 as is necessary, to be used for the purposes designated: 16 2 For child support recovery, including salaries, support, 16 3 maintenance, and miscellaneous purposes and for not more than 16 4 the following full-time equivalent positions: 16 5 .................................................. $ 6,700,000 16 6 ............................................... FTEs 321.40 16 7 1. The director of human services, within the limitations 16 8 of the moneys appropriated in this section, or moneys 16 9 transferred from the family investment program account for 16 10 this purpose, shall establish new positions and add employees 16 11 to the child support recovery unit if the director determines 16 12 that both the current and additional employees together can 16 13 reasonably be expected to maintain or increase net state 16 14 revenue at or beyond the budgeted level. 16 15 2. Nonpublic assistance application fees and other user 16 16 fees received by the child support recovery unit are 16 17 appropriated and shall be used for the purposes of the child 16 18 support recovery program. The director of human services may 16 19 add positions within the limitations of the amount 16 20 appropriated for salaries and support for the positions. 16 21 3. The director of human services, in consultation with 16 22 the department of management and the legislative fiscal 16 23 committee, is authorized to receive and deposit state child 16 24 support incentive earnings in the manner specified under 16 25 applicable federal requirements. 16 26 4. a. The director of human services may establish new 16 27 positions and add state employees to the child support 16 28 recovery unit or contract for delivery of services if the 16 29 director determines the employees are necessary to replace 16 30 county-funded positions eliminated due to termination, 16 31 reduction, or nonrenewal of a chapter 28E contract. However, 16 32 the director must also determine that the resulting increase 16 33 in the state share of child support recovery incentives 16 34 exceeds the cost of the positions or contract, the positions 16 35 or contract are necessary to ensure continued federal funding 17 1 of the program, or the new positions or contract can 17 2 reasonably be expected to recover at least twice the amount of 17 3 money necessary to pay the salaries and support for the new 17 4 positions or the contract will generate at least 200 percent 17 5 of the cost of the contract. 17 6 b. Employees in full-time positions that transition from 17 7 county government to state government employment under this 17 8 subsection are exempt from testing, selection, and appointment 17 9 provisions of chapter 19A and from the provisions of 17 10 collective bargaining agreements relating to the filling of 17 11 vacant positions. 17 12 5. If initiated by the judicial branch, the child support 17 13 recovery unit shall continue to work with the judicial branch 17 14 to determine the feasibility of implementing a pilot project 17 15 utilizing a court-appointed referee for judicial 17 16 determinations on child support matters. The extent and 17 17 location of any pilot project shall be jointly developed by 17 18 the judicial branch and the child support recovery unit. 17 19 6. Surcharges paid by obligors and received by the unit as 17 20 a result of the referral of support delinquency by the child 17 21 support recovery unit to any private collection agency are 17 22 appropriated to the department and shall be used to pay the 17 23 costs of any contracts with the collection agencies. 17 24 7. The department shall expend up to $51,000, including 17 25 federal financial participation, for the fiscal year beginning 17 26 July 1, 2001, for a child support public awareness campaign. 17 27 The department and the office of the attorney general shall 17 28 cooperate in continuation of the campaign. The public 17 29 awareness campaign shall emphasize, through a variety of media 17 30 activities, the importance of maximum involvement of both 17 31 parents in the lives of their children as well as the 17 32 importance of payment of child support obligations. 17 33 Sec. 7. MEDICAL ASSISTANCE. There is appropriated from 17 34 the general fund of the state to the department of human 17 35 services for the fiscal year beginning July 1, 2001, and 18 1 ending June 30, 2002, the following amount, or so much thereof 18 2 as is necessary, to be used for the purpose designated: 18 3 For medical assistance reimbursement and associated costs 18 4 as specifically provided in the reimbursement methodologies in 18 5 effect on June 30, 2001 except as otherwise expressly 18 6 authorized by law, including reimbursement for abortion 18 7 services, which shall be available under the medical 18 8 assistance program only for those abortions which are 18 9 medically necessary: 18 10 .................................................. $412,250,000 18 11 1. Medically necessary abortions are those performed under 18 12 any of the following conditions: 18 13 a. The attending physician certifies that continuing the 18 14 pregnancy would endanger the life of the pregnant woman. 18 15 b. The attending physician certifies that the fetus is 18 16 physically deformed, mentally deficient, or afflicted with a 18 17 congenital illness. 18 18 c. The pregnancy is the result of a rape which is reported 18 19 within 45 days of the incident to a law enforcement agency or 18 20 public or private health agency which may include a family 18 21 physician. 18 22 d. The pregnancy is the result of incest which is reported 18 23 within 150 days of the incident to a law enforcement agency or 18 24 public or private health agency which may include a family 18 25 physician. 18 26 e. Any spontaneous abortion, commonly known as a 18 27 miscarriage, if not all of the products of conception are 18 28 expelled. 18 29 2. Notwithstanding section 8.39, the department may 18 30 transfer funds appropriated in this section to a separate 18 31 account established in the department's case management unit 18 32 for expenditures required to provide case management services 18 33 for mental health, mental retardation, and developmental 18 34 disabilities services under medical assistance which are 18 35 jointly funded by the state and county, pending final 19 1 settlement of the expenditures. Funds received by the case 19 2 management unit in settlement of the expenditures shall be 19 3 used to replace the transferred funds and are available for 19 4 the purposes for which the funds were appropriated in this 19 5 section. 19 6 3. a. The county of legal settlement shall be billed for 19 7 50 percent of the nonfederal share of the cost of case 19 8 management provided for adults, day treatment, and partial 19 9 hospitalization in accordance with sections 249A.26 and 19 10 249A.27, and 100 percent of the nonfederal share of the cost 19 11 of care for adults which is reimbursed under a federally 19 12 approved home and community-based waiver that would otherwise 19 13 be approved for provision in an intermediate care facility for 19 14 persons with mental retardation, provided under the medical 19 15 assistance program. The state shall have responsibility for 19 16 the remaining 50 percent of the nonfederal share of the cost 19 17 of case management provided for adults, day treatment, and 19 18 partial hospitalization. For persons without a county of 19 19 legal settlement, the state shall have responsibility for 100 19 20 percent of the nonfederal share of the costs of case 19 21 management provided for adults, day treatment, partial 19 22 hospitalization, and the home and community-based waiver 19 23 services. The case management services specified in this 19 24 subsection shall be billed to a county only if the services 19 25 are provided outside of a managed care contract. 19 26 b. The state shall pay the entire nonfederal share of the 19 27 costs for case management services provided to persons 17 19 28 years of age and younger who are served in a medical 19 29 assistance home and community-based waiver program for persons 19 30 with mental retardation. 19 31 c. Medical assistance funding for case management services 19 32 for eligible persons 17 years of age and younger shall also be 19 33 provided to persons residing in counties with child welfare 19 34 decategorization projects implemented in accordance with 19 35 section 232.188, provided these projects have included these 20 1 persons in their service plan and the decategorization project 20 2 county is willing to provide the nonfederal share of costs. 20 3 d. When paying the necessary and legal expenses of 20 4 intermediate care facilities for persons with mental 20 5 retardation (ICFMR), the cost payment requirements of section 20 6 222.60 shall be considered fulfilled when payment is made in 20 7 accordance with the medical assistance payment rates 20 8 established for ICFMRs by the department and the state or a 20 9 county of legal settlement is not obligated for any amount in 20 10 excess of the rates. 20 11 e. The department shall revise the provisions of the home 20 12 and community-based waiver for persons with brain injury to 20 13 eliminate the eligibility requirement that a person must have 20 14 been a resident of a medical institution for at least thirty 20 15 consecutive days at the time of initial application. Unless a 20 16 county has paid or is paying for the nonfederal share of the 20 17 cost of a person's home and community-based waiver services or 20 18 ICFMR placement under the county's mental health, mental 20 19 retardation, and developmental disabilities services fund, the 20 20 state shall pay the nonfederal share of the costs of an 20 21 eligible person's services under the home and community-based 20 22 waiver for persons with brain injury. 20 23 4. The department shall utilize not more than $60,000 of 20 24 the funds appropriated in this section to continue the 20 25 AIDS/HIV health insurance premium payment program as 20 26 established in 1992 Iowa Acts, Second Extraordinary Session, 20 27 Chapter 1001, section 409, subsection 6. Of the funds 20 28 allocated in this subsection, not more than $5,000 may be 20 29 expended for administrative purposes. 20 30 5. Of the funds appropriated to the Iowa department of 20 31 public health for substance abuse grants, $950,000 for the 20 32 fiscal year beginning July 1, 2001, shall be transferred to 20 33 the department of human services for an integrated substance 20 34 abuse managed care system. 20 35 6. In administering the medical assistance home and 21 1 community-based waiver for persons with physical disabilities, 21 2 the department shall aggressively pursue options to expand the 21 3 waiver to 100 openings and in implementing the expanded waiver 21 4 the total number of openings for persons with physical 21 5 disabilities served at any one time shall be limited to the 21 6 number approved in the waiver by the secretary of the United 21 7 States department of health and human services. The openings 21 8 shall be available on a first-come, first-served basis. 21 9 7. The department of human services, in consultation with 21 10 the Iowa department of public health and the department of 21 11 education, shall continue the program to utilize the early and 21 12 periodic screening, diagnosis, and treatment (EPSDT) funding 21 13 under medical assistance, to the extent possible, to implement 21 14 the screening component of the EPSDT program through the 21 15 school system. The department may enter into contracts to 21 16 utilize maternal and child health centers, the public health 21 17 nursing program, or school nurses in implementing this 21 18 provision. 21 19 8. The department shall continue the case study for 21 20 outcome-based performance standards for programs serving 21 21 persons with mental retardation or other developmental 21 22 disabilities proposed pursuant to 1994 Iowa Acts, chapter 21 23 1170, section 56. 21 24 9. The department shall continue the medical assistance 21 25 home and community-based services waiver to allow children 21 26 with mental retardation, who would otherwise require ICF/MR 21 27 care, to be served in out-of-home settings of up to eight beds 21 28 which meet standards established by the department. Up to 21 29 $1,487,314 of the funds appropriated in this section may be 21 30 used for the costs of the waiver. 21 31 10. The department shall continue working with county 21 32 representatives in aggressively implementing the 21 33 rehabilitation option for services to persons with chronic 21 34 mental illness under the medical assistance program, and 21 35 county funding shall be used to provide the match for the 22 1 federal funding, except for individuals with state case 22 2 status, for whom state funding shall provide the match. 22 3 11. If the health care financing administration approves a 22 4 waiver request from the department, the department shall 22 5 provide a period of 24 months of guaranteed eligibility for 22 6 medical assistance family planning services, regardless of the 22 7 change in circumstances of a woman who was a medical 22 8 assistance recipient when a pregnancy ended. 22 9 12. The department shall aggressively pursue options for 22 10 providing medical assistance or other assistance to 22 11 individuals with special needs who become ineligible to 22 12 continue receiving services under the early and periodic, 22 13 screening, diagnosis, and treatment program under the medical 22 14 assistance program due to becoming 21 years of age, who have 22 15 been approved for additional assistance through the 22 16 department's exception to policy provisions, but who have 22 17 health care needs in excess of the funding available through 22 18 the exception to policy process. 22 19 Sec. 8. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There 22 20 is appropriated from the general fund of the state to the 22 21 department of human services for the fiscal year beginning 22 22 July 1, 2001, and ending June 30, 2002, the following amount, 22 23 or so much thereof as is necessary, to be used for the purpose 22 24 designated: 22 25 For administration of the health insurance premium payment 22 26 program, including salaries, support, maintenance, and 22 27 miscellaneous purposes, and for not more than the following 22 28 full-time equivalent positions: 22 29 .................................................. $ 600,000 22 30 ............................................... FTEs 22.00 22 31 Sec. 9. CHILDREN'S HEALTH INSURANCE PROGRAM. There is 22 32 appropriated from the general fund of the state to the 22 33 department of human services for the fiscal year beginning 22 34 July 1, 2001, and ending June 30, 2002, the following amount, 22 35 or so much thereof as is necessary, to be used for the purpose 23 1 designated: 23 2 For maintenance of the healthy and well kids in Iowa (HAWK- 23 3 I) program pursuant to chapter 514I for receipt of federal 23 4 financial participation under Title XXI of the federal Social 23 5 Security Act, which creates the state children's health 23 6 insurance program: 23 7 .................................................. $ 8,400,000 23 8 1. The department may transfer funds appropriated in this 23 9 section to be used for the purpose of expanding health care 23 10 coverage to children under the medical assistance program. 23 11 The department shall provide periodic updates to the general 23 12 assembly of expenditures of funds appropriated in this 23 13 section. 23 14 2. The department shall provide a report to the HAWK-I 23 15 board and to the general assembly by January 15, 2002, 23 16 specifying the actual cost reported by each participating 23 17 insurer of providing monthly coverage to eligible children 23 18 under the children's health insurance program. 23 19 3. Moneys in the HAWK-I trust fund are appropriated and 23 20 shall be used to offset any program costs for the fiscal year 23 21 beginning July 1, 2001, and ending June 30, 2002. 23 22 4. The department of human services shall seek a waiver 23 23 from the health care financing administration of the United 23 24 States department of health and human services to permit 23 25 families with children who are eligible for medical assistance 23 26 to elect to participate under the HAWK-I program in lieu of 23 27 participation in the medical assistance program. If the 23 28 waiver is approved, the department shall implement the 23 29 provision. 23 30 Sec. 10. MEDICAL CONTRACTS. There is appropriated from 23 31 the general fund of the state to the department of human 23 32 services for the fiscal year beginning July 1, 2001, and 23 33 ending June 30, 2002, the following amount, or so much thereof 23 34 as is necessary, to be used for the purpose designated: 23 35 For medical contracts: 24 1 .................................................. $ 8,700,000 24 2 1. In any managed care contract for mental health or 24 3 substance abuse services entered into or extended by the 24 4 department on or after July 1, 2001, the request for proposals 24 5 shall provide for coverage of dual diagnosis mental health and 24 6 substance abuse treatment provided at the state mental health 24 7 institute at Mount Pleasant. To the extent possible, the 24 8 department shall also amend any such contract existing on July 24 9 1, 2001, to provide for such coverage. The department shall 24 10 receive input and recommendations from the chairpersons and 24 11 ranking members of the joint appropriations subcommittee on 24 12 human services prior to entering into or extending any managed 24 13 care contract for mental health or substance abuse services. 24 14 2. The director of human services may establish up to 8.00 24 15 full-time equivalent positions to be assigned to the medical 24 16 review unit and pharmacy unit of the fiscal agent if the 24 17 director determines the employees are necessary to replace 24 18 fiscal agent positions of the professional medical review 24 19 staff and pharmacy staff, contingent upon termination of those 24 20 staff positions with the fiscal agent. Employees in full-time 24 21 positions that transition from private employment to state 24 22 government employment under this unnumbered paragraph are 24 23 exempt from testing, selection, and appointment provisions of 24 24 chapter 19A and from provisions of collective bargaining 24 25 agreements relating to the filling of positions. 24 26 Sec. 11. STATE SUPPLEMENTARY ASSISTANCE. There is 24 27 appropriated from the general fund of the state to the 24 28 department of human services for the fiscal year beginning 24 29 July 1, 2001, and ending June 30, 2002, the following amount, 24 30 or so much thereof as is necessary, to be used for the 24 31 purposes designated: 24 32 For state supplementary assistance, funeral assistance, and 24 33 the medical assistance home and community-based services 24 34 waiver rent subsidy program: 24 35 .................................................. $ 19,550,000 25 1 1. The department shall increase the personal needs 25 2 allowance for residents of residential care facilities by the 25 3 same percentage and at the same time as federal supplemental 25 4 security income and federal social security benefits are 25 5 increased due to a recognized increase in the cost of living. 25 6 The department may adopt emergency rules to implement this 25 7 subsection. 25 8 2. If during the fiscal year beginning July 1, 2001, the 25 9 department projects that state supplementary assistance 25 10 expenditures for a calendar year will not meet the federal 25 11 pass-along requirement specified in Title XVI of the federal 25 12 Social Security Act, section 1618, as codified in 42 U.S.C. } 25 13 1382g, the department may take actions including but not 25 14 limited to increasing the personal needs allowance for 25 15 residential care facility residents and making programmatic 25 16 adjustments or upward adjustments of the residential care 25 17 facility or in-home health-related care reimbursement rates 25 18 prescribed in this Act to ensure that federal requirements are 25 19 met. The department may adopt emergency rules to implement 25 20 the provisions of this subsection. 25 21 3. The department may use up to $75,000 of the funds 25 22 appropriated in this section for a rent subsidy program for 25 23 adult persons to whom all of the following apply: 25 24 a. Are receiving assistance under a medical assistance 25 25 home and community-based services (HCBS) waiver. 25 26 b. Were discharged from a medical institution in which 25 27 they have resided or were at risk of institutional placement, 25 28 not to exceed 100 slots. Within available funding and 25 29 demonstrated need, the department may make subsidy funds 25 30 available to HCBS waiver-eligible adults meeting criteria in 25 31 paragraph "a" and this paragraph at any time on or after July 25 32 1, 1995. 25 33 The goal of the subsidy program shall be to encourage and 25 34 assist in enabling persons who currently reside in a medical 25 35 institution to move to a community living arrangement. An 26 1 eligible person may receive assistance in meeting their rental 26 2 expense and, in the initial two months of eligibility, in 26 3 purchasing necessary household furnishings and supplies. The 26 4 program shall be implemented so that it does not meet the 26 5 federal definition of state supplementary assistance and will 26 6 not impact the federal pass-along requirement specified in 26 7 Title XVI of the federal Social Security Act, section 1618, as 26 8 codified in 42 U.S.C. } 1382g. 26 9 Sec. 12. CHILD CARE ASSISTANCE. There is appropriated 26 10 from the general fund of the state to the department of human 26 11 services for the fiscal year beginning July 1, 2001, and 26 12 ending June 30, 2002, the following amount, or so much thereof 26 13 as is necessary, to be used for the purpose designated: 26 14 For child care programs: 26 15 ................................................. $ 5,050,752 26 16 1. a. Of the funds appropriated in this section, 26 17 $4,414,111 shall be used for state child care assistance in 26 18 accordance with section 237A.13. 26 19 b. During the 2001-2002 fiscal year, the moneys deposited 26 20 in the child care credit fund created in section 237A.28 are 26 21 appropriated to the department to be used for state child care 26 22 assistance in accordance with section 237A.13, in addition to 26 23 the moneys allocated for that purpose in paragraph "a". 26 24 2. Nothing in this section shall be construed or is 26 25 intended as, or shall imply, a grant of entitlement for 26 26 services to persons who are eligible for assistance due to an 26 27 income level consistent with the waiting list requirements of 26 28 section 237A.13. Any state obligation to provide services 26 29 pursuant to this section is limited to the extent of the funds 26 30 appropriated in this section. 26 31 3. Of the funds appropriated in this section, $636,641 is 26 32 allocated for the statewide program for child care resource 26 33 and referral services under section 237A.26. 26 34 4. The department may use any of the funds appropriated in 26 35 this section as a match to obtain federal funds for use in 27 1 expanding child care assistance and related programs. For the 27 2 purpose of expenditures of state and federal child care 27 3 funding, funds shall be considered obligated at the time 27 4 expenditures are projected or are allocated to the 27 5 department's regions. Projections shall be based on current 27 6 and projected caseload growth, current and projected provider 27 7 rates, staffing requirements for eligibility determination and 27 8 management of program requirements including data systems 27 9 management, staffing requirements for administration of the 27 10 program, contractual and grant obligations and any transfers 27 11 to other state agencies, and obligations for decategorization 27 12 or innovation projects. 27 13 Sec. 13. JUVENILE INSTITUTIONS. There is appropriated 27 14 from the general fund of the state to the department of human 27 15 services for the fiscal year beginning July 1, 2001, and 27 16 ending June 30, 2002, the following amounts, or so much 27 17 thereof as is necessary, to be used for the purposes 27 18 designated: 27 19 1. For operation of the Iowa juvenile home at Toledo: 27 20 .................................................. $ 6,620,000 27 21 ............................................... FTEs 138.54 27 22 It is the intent of the general assembly that beginning in 27 23 the fiscal year commencing on July 1, 2002, the Iowa juvenile 27 24 home at Toledo will serve only females. The department shall 27 25 develop a plan which includes options for relocating the males 27 26 at the Iowa juvenile home at Toledo. The options shall 27 27 include but are not limited to developing a child in need of 27 28 assistance program for males at the state training school at 27 29 Eldora. 27 30 2. For operation of the state training school at Eldora: 27 31 .................................................. $ 10,870,000 27 32 ............................................... FTEs 229.53 27 33 Of the funding appropriated in this subsection, $40,000 is 27 34 designated for aftercare services for persons who were placed 27 35 at the state training school at Eldora. 28 1 3. During the fiscal year beginning July 1, 2001, the 28 2 population levels at the state juvenile institutions shall not 28 3 exceed the population guidelines established under 1990 Iowa 28 4 Acts, chapter 1239, section 21, as adjusted for additional 28 5 beds developed at the institutions. 28 6 4. A portion of the moneys appropriated in this section 28 7 shall be used by the state training school and by the Iowa 28 8 juvenile home for grants for adolescent pregnancy prevention 28 9 activities at the institutions in the fiscal year beginning 28 10 July 1, 2001. 28 11 5. Within the amounts appropriated in this section, the 28 12 department may transfer funds as necessary to best fulfill the 28 13 needs of the institutions provided for in the appropriation. 28 14 6. If the department receives notice from the department 28 15 of inspections and appeals or any other entity that certifies 28 16 a juvenile institution's compliance with certification 28 17 requirements or determines compliance with regulatory 28 18 requirements, that a juvenile institution has been found or 28 19 cited for being out of compliance with a requirement, the 28 20 department shall report the notice to those persons designated 28 21 by this Act to receive reports. The report shall be made 28 22 within thirty days of the date the notice was received by the 28 23 department. 28 24 Sec. 14. CHILD AND FAMILY SERVICES. There is appropriated 28 25 from the general fund of the state to the department of human 28 26 services for the fiscal year beginning July 1, 2001, and 28 27 ending June 30, 2002, the following amount, or so much thereof 28 28 as is necessary, to be used for the purpose designated: 28 29 For child and family services: 28 30 .................................................. $106,000,000 28 31 1. The department may transfer funds appropriated in this 28 32 section as necessary to pay the nonfederal costs of services 28 33 reimbursed under medical assistance or the family investment 28 34 program which are provided to children who would otherwise 28 35 receive services paid under the appropriation in this section. 29 1 The department may transfer funds appropriated in this section 29 2 to the appropriations in this Act for general administration 29 3 and for field operations for resources necessary to implement 29 4 and operate the services funded in this section. 29 5 2. a. Of the funds appropriated in this section, up to 29 6 $28,137,020 is allocated as the statewide expenditure target 29 7 under section 232.143 for group foster care maintenance and 29 8 services. 29 9 b. If at any time after September 30, 2001, annualization 29 10 of a region's current expenditures indicates a region is at 29 11 risk of exceeding its group foster care expenditure target 29 12 under section 232.143 by more than five percent, the 29 13 department and juvenile court services shall examine all group 29 14 foster care placements in that region in order to identify 29 15 those which might be appropriate for termination. In 29 16 addition, any aftercare services believed to be needed for the 29 17 children whose placements may be terminated shall be 29 18 identified. The department and juvenile court services shall 29 19 initiate action to set dispositional review hearings for the 29 20 placements identified. In such a dispositional review 29 21 hearing, the juvenile court shall determine whether needed 29 22 aftercare services are available and whether termination of 29 23 the placement is in the best interest of the child and the 29 24 community. 29 25 c. (1) Of the funds appropriated in this section, not 29 26 more than $6,987,000 is allocated as the state match funding 29 27 for psychiatric medical institutions for children. 29 28 (2) The department may transfer all or a portion of the 29 29 amount allocated in this lettered paragraph for psychiatric 29 30 medical institutions for children (PMICs) to the appropriation 29 31 in this Act for medical assistance. 29 32 d. Of the funds allocated in this subsection, $1,354,063 29 33 is allocated as the state match funding for 50 highly 29 34 structured juvenile program beds. If the number of beds 29 35 provided for in this lettered paragraph is not utilized, the 30 1 remaining funds allocated may be used for group foster care. 30 2 e. For the fiscal year beginning July 1, 2001, the 30 3 requirements of section 232.143 applicable to the juvenile 30 4 court and to representatives of the juvenile court shall be 30 5 applicable instead to juvenile court services and to 30 6 representatives of juvenile court services. The 30 7 representatives appointed by the department of human services 30 8 and by juvenile court services to establish the plan to 30 9 contain expenditures for children placed in group foster care 30 10 ordered by the court within the budget target allocated to the 30 11 region shall establish the plan in a manner so as to ensure 30 12 the moneys allocated to the region under section 232.143 shall 30 13 last the entire fiscal year. Funds for a child placed in 30 14 group foster care shall be considered encumbered for the 30 15 duration of the child's projected or actual length of stay, 30 16 whichever is applicable. 30 17 3. The department shall continue the goal that not more 30 18 than 15 percent of the children placed in foster care funded 30 19 under the federal Social Security Act, Title IV-E, may be 30 20 placed in foster care for a period of more than 24 months. 30 21 4. In accordance with the provisions of section 232.188, 30 22 the department shall continue the program to decategorize 30 23 child welfare services funding in additional counties or 30 24 clusters of counties. 30 25 5. A portion of the funding appropriated in this section 30 26 may be used for emergency family assistance to provide other 30 27 resources required for a family participating in a family 30 28 preservation or reunification project to stay together or to 30 29 be reunified. 30 30 6. Notwithstanding section 234.35, subsection 1, for the 30 31 fiscal year beginning July 1, 2001, state funding for shelter 30 32 care paid pursuant to section 234.35, subsection 1, paragraph 30 33 "h", shall be limited to $7,513,084. 30 34 7. Of the funding appropriated in this section, up to 30 35 $617,079 may be used as determined by the department for any 31 1 of the following purposes: 31 2 a. For general administration of the department to improve 31 3 staff training efforts. 31 4 b. For oversight of termination of parental rights and 31 5 permanency planning efforts on a statewide basis. 31 6 c. For personnel, assigned by the attorney general, to 31 7 provide additional services relating to termination of 31 8 parental rights and child in need of assistance cases. 31 9 d. For specialized permanency planning field operations 31 10 staff. 31 11 8. The department may adopt administrative rules following 31 12 consultation with child welfare services providers to 31 13 implement outcome-based child welfare services pilot projects. 31 14 The rules may include, but are not limited to, the development 31 15 of program descriptions, provider licensing and certification 31 16 standards, reimbursement and payment amounts, contract 31 17 requirements, assessment and service necessity requirements, 31 18 eligibility criteria, claims submission procedures, and 31 19 accountability standards. 31 20 9. The department shall continue to make adoption 31 21 presubsidy and adoption subsidy payments to adoptive parents 31 22 at the beginning of the month for the current month. 31 23 10. Federal funds received by the state during the fiscal 31 24 year beginning July 1, 2001, as the result of the expenditure 31 25 of state funds appropriated during a previous state fiscal 31 26 year for a service or activity funded under this section, 31 27 shall be used as additional funding for services provided 31 28 under this section. Notwithstanding section 8.33, moneys 31 29 received by the department in accordance with the provisions 31 30 of this subsection shall remain available for the purposes 31 31 designated until June 30, 2003. 31 32 11. The department and juvenile court services shall 31 33 continue to develop criteria for the department regional 31 34 administrator and chief juvenile court officer to grant 31 35 exceptions to extend eligibility, within the funds allocated, 32 1 for intensive tracking and supervision and for supervised 32 2 community treatment to delinquent youth beyond age 18 who are 32 3 subject to release from the state training school, a highly 32 4 structured juvenile program, or group foster care. 32 5 12. Of the moneys appropriated in this section, not more 32 6 than $627,100 is allocated to provide clinical assessment 32 7 services as necessary to continue funding of children's 32 8 rehabilitation services under medical assistance in accordance 32 9 with federal law and requirements. The funding allocated is 32 10 the amount projected to be necessary for providing the 32 11 clinical assessment services. 32 12 13. Of the funding appropriated in this section, 32 13 $3,696,285 shall be used for protective child care assistance. 32 14 14. Of the moneys appropriated in this section, up to 32 15 $3,290,000 is allocated for the payment of the expenses of 32 16 court-ordered services provided to juveniles which are a 32 17 charge upon the state pursuant to section 232.141, subsection 32 18 4. 32 19 a. Notwithstanding section 232.141 or any other provision 32 20 of law, the amount allocated in this subsection shall be 32 21 distributed to the judicial districts as determined by the 32 22 state court administrator. The state court administrator 32 23 shall make the determination of the distribution amounts on or 32 24 before June 15, 2001. 32 25 b. The department of human services shall develop policies 32 26 and procedures to ensure that the funds allocated in this 32 27 subsection are spent only after all other reasonable actions 32 28 have been taken to utilize other funding sources and 32 29 community-based services. The policies and procedures shall 32 30 be designed to achieve the following objectives relating to 32 31 services provided under chapter 232: 32 32 (1) Maximize the utilization of funds which may be 32 33 available from the medical assistance program including usage 32 34 of the early and periodic screening, diagnosis, and treatment 32 35 (EPSDT) program. 33 1 (2) Recover payments from any third-party insurance 33 2 carrier which is liable for coverage of the services, 33 3 including health insurance coverage. 33 4 (3) Pursue development of agreements with regularly 33 5 utilized out-of-state service providers which are intended to 33 6 reduce per diem costs paid to those providers. 33 7 c. Notwithstanding chapter 232 or any other provision of 33 8 law, a district or juvenile court in a department of human 33 9 services district shall not order any service which is a 33 10 charge upon the state pursuant to section 232.141 if there are 33 11 insufficient court-ordered services funds available in the 33 12 district distribution amount to pay for the service. The 33 13 chief juvenile court officer shall work with the judicial 33 14 district planning group to encourage use of the funds 33 15 allocated in this subsection such that there are sufficient 33 16 funds to pay for all court-related services during the entire 33 17 year. The eight chief juvenile court officers shall attempt 33 18 to anticipate potential surpluses and shortfalls in the 33 19 distribution amounts and shall cooperatively request the state 33 20 court administrator to transfer funds between the districts' 33 21 distribution amounts as prudent. 33 22 d. Notwithstanding any provision of law to the contrary, a 33 23 district or juvenile court shall not order a county to pay for 33 24 any service provided to a juvenile pursuant to an order 33 25 entered under chapter 232 which is a charge upon the state 33 26 under section 232.141, subsection 4. 33 27 e. Of the funding allocated in this subsection, not more 33 28 than $100,000 may be used by the judicial branch for 33 29 administration of the requirements under this subsection and 33 30 for travel associated with court-ordered placements which are 33 31 a charge upon the state pursuant to section 232.141, 33 32 subsection 4. 33 33 15. a. Of the funding appropriated in this section, 33 34 $5,292,000 is allocated to provide school-based supervision of 33 35 children adjudicated under chapter 232, including not more 34 1 than $1,764,000 from the allocation in this section for court- 34 2 ordered services. Not more than $15,000 of the funding 34 3 allocated in this subsection may be used for the purpose of 34 4 training. 34 5 b. To the extent possible, the personnel providing school- 34 6 based services shall be prepared with training or experience 34 7 relating to gender-specific programming to best intervene with 34 8 youth at risk of being found delinquent or determined to be a 34 9 child in need of assistance. 34 10 16. The department shall maximize the capacity to draw 34 11 federal funding under Title IV-E of the federal Social 34 12 Security Act. 34 13 17. Any unanticipated federal funding that is received 34 14 during the fiscal year due to improvements in the hours 34 15 counted by the judicial branch under the claiming process for 34 16 federal Title IV-E funding are appropriated to the department 34 17 to be used for additional or expanded services and support for 34 18 court-ordered services pursuant to section 232.141. 34 19 Notwithstanding section 8.33, moneys appropriated in this 34 20 subsection that remain unencumbered or unobligated at the 34 21 close of the fiscal year shall not revert but shall remain 34 22 available for expenditure for the purposes designated until 34 23 the close of the succeeding fiscal year. 34 24 Sec. 15. JUVENILE DETENTION HOME FUND. Moneys deposited 34 25 in the juvenile detention home fund created in section 232.142 34 26 during the fiscal year beginning July 1, 2001, and ending June 34 27 30, 2002, are appropriated to the department of human services 34 28 for the fiscal year beginning July 1, 2001, and ending June 34 29 30, 2002, for distribution as follows: 34 30 1. An amount equal to ten percent of the costs of the 34 31 establishment, improvement, operation, and maintenance of 34 32 county or multicounty juvenile detention homes in the fiscal 34 33 year beginning July 1, 2000. Moneys appropriated for 34 34 distribution in accordance with this paragraph shall be 34 35 allocated among eligible detention homes, prorated on the 35 1 basis of an eligible detention home's proportion of the costs 35 2 of all eligible detention homes in the fiscal year beginning 35 3 July 1, 2000. Notwithstanding section 232.142, subsection 3, 35 4 the financial aid payable by the state under that provision 35 5 for the fiscal year beginning July 1, 2000, shall be limited 35 6 to the amount appropriated for the purposes of this paragraph. 35 7 2. For renewal of a grant to a county with a population 35 8 between 168,000 and 175,000 for implementation of the county's 35 9 runaway treatment plan under section 232.195: 35 10 .................................................. $ 80,000 35 11 3. For grants to counties implementing a runaway treatment 35 12 plan under section 232.195. 35 13 4. The remainder for additional allocations to county or 35 14 multicounty juvenile detention homes, in accordance with the 35 15 distribution requirements of subsection 1. 35 16 Sec. 16. COMMUNITY-BASED PROGRAMS – ADOLESCENT PREGNANCY 35 17 PREVENTION. There is appropriated from the general fund of 35 18 the state to the department of human services for the fiscal 35 19 year beginning July 1, 2001, and ending June 30, 2002, the 35 20 following amount, or so much thereof as is necessary, to be 35 21 used for the purpose designated: 35 22 For community-based programs, on the condition that family 35 23 planning services are funded, including salaries, support, 35 24 maintenance, and miscellaneous purposes and for not more than 35 25 the following full-time equivalent positions: 35 26 .................................................. $ 281,415 35 27 ............................................... FTEs 1.00 35 28 1. Funds appropriated in this section shall be used to 35 29 provide adolescent pregnancy prevention grants which comply 35 30 with the requirements provided in 1997 Iowa Acts, chapter 208, 35 31 section 14, subsections 1 and 2, and shall emphasize programs 35 32 which target the middle school level. 35 33 2. It is the intent of the general assembly that the 35 34 department of human services and the Iowa department of public 35 35 health shall continue to identify existing abstinence 36 1 education or community-based programs which comply with the 36 2 requirements established in section 912, subchapter V, of the 36 3 federal Social Security Act, as codified in 42 U.S.C. } 701 36 4 et seq. for the matching of federal funds. 36 5 Sec. 17. FAMILY SUPPORT SUBSIDY PROGRAM. There is 36 6 appropriated from the general fund of the state to the 36 7 department of human services for the fiscal year beginning 36 8 July 1, 2001, and ending June 30, 2002, the following amount, 36 9 or so much thereof as is necessary, to be used by the division 36 10 of children and family services for the purpose designated: 36 11 For the family support subsidy program: 36 12 .................................................. $ 2,089,858 36 13 The department may use up to $267,000 of the moneys 36 14 appropriated in this section to continue the children-at-home 36 15 program in current counties, of which not more than $20,000 36 16 shall be used for administrative costs. 36 17 Sec. 18. CONNER DECREE. There is appropriated from the 36 18 general fund of the state to the department of human services 36 19 for the fiscal year beginning July 1, 2001, and ending June 36 20 30, 2002, the following amount, or so much thereof as is 36 21 necessary, to be used for the purpose designated: 36 22 For building community capacity through the coordination 36 23 and provision of training opportunities in accordance with the 36 24 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 36 25 Iowa, July 14, 1994): 36 26 .................................................. $ 46,000 36 27 Sec. 19. MENTAL HEALTH INSTITUTES. There is appropriated 36 28 from the general fund of the state to the department of human 36 29 services for the fiscal year beginning July 1, 2001, and 36 30 ending June 30, 2002, the following amounts, or so much 36 31 thereof as is necessary, to be used for the purposes 36 32 designated: 36 33 1. For the state mental health institute at Cherokee for 36 34 salaries, support, maintenance, and miscellaneous purposes and 36 35 for not more than the following full-time equivalent 37 1 positions: 37 2 .................................................. $ 13,470,000 37 3 ............................................... FTEs 248.44 37 4 2. For the state mental health institute at Clarinda for 37 5 salaries, support, maintenance, and miscellaneous purposes and 37 6 for not more than the following full-time equivalent 37 7 positions: 37 8 .................................................. $ 7,650,000 37 9 ............................................... FTEs 138.59 37 10 3. For the state mental health institute at Independence 37 11 for salaries, support, maintenance, and miscellaneous purposes 37 12 and for not more than the following full-time equivalent 37 13 positions: 37 14 .................................................. $ 17,930,000 37 15 ............................................... FTEs 352.46 37 16 The state mental health institute at Independence shall 37 17 continue the 30 psychiatric medical institution for children 37 18 (PMIC) beds authorized in section 135H.6, in a manner which 37 19 results in no net state expenditure amount in excess of the 37 20 amount appropriated in this subsection. Counties are not 37 21 responsible for the costs of PMIC services described in this 37 22 subsection. Subject to the approval of the department, with 37 23 the exception of revenues required under section 249A.11 to be 37 24 credited to the appropriation in this Act for medical 37 25 assistance, revenues attributable to the PMIC beds described 37 26 in this subsection for the fiscal year beginning July 1, 2001, 37 27 and ending June 30, 2002, shall be deposited in the 37 28 institute's account, including but not limited to any of the 37 29 following revenues: 37 30 a. The federal share of medical assistance revenue 37 31 received under chapter 249A. 37 32 b. Moneys received through client participation. 37 33 c. Any other revenues directly attributable to the PMIC 37 34 beds. 37 35 4. For the state mental health institute at Mount Pleasant 38 1 for salaries, support, maintenance, and miscellaneous purposes 38 2 and for not more than the following full-time equivalent 38 3 positions: 38 4 .................................................. $ 5,717,500 38 5 ............................................... FTEs 109.47 38 6 a. Funding is provided in this subsection for the mental 38 7 health institute at Mount Pleasant to continue the dual 38 8 diagnosis mental health and substance abuse program on a net 38 9 budgeting basis in which 50 percent of the actual per diem and 38 10 ancillary services costs are chargeable to the patient's 38 11 county of legal settlement or as a state case, as appropriate. 38 12 Subject to the approval of the department, revenues 38 13 attributable to the dual diagnosis program for the fiscal year 38 14 beginning July 1, 2001, and ending June 30, 2002, shall be 38 15 deposited in the institute's account, including but not 38 16 limited to all of the following revenues: 38 17 (1) Moneys received by the state from billings to counties 38 18 under section 230.20. 38 19 (2) Moneys received from billings to the Medicare program. 38 20 (3) Moneys received from a managed care contractor 38 21 providing services under contract with the department or any 38 22 private third-party payer. 38 23 (4) Moneys received through client participation. 38 24 (5) Any other revenues directly attributable to the dual 38 25 diagnosis program. 38 26 b. The following additional provisions are applicable in 38 27 regard to the dual diagnosis program: 38 28 (1) A county may split the charges between the county's 38 29 mental health, mental retardation, and developmental 38 30 disabilities services fund and the county's budget for 38 31 substance abuse expenditures. 38 32 (2) If an individual is committed to the custody of the 38 33 department of corrections at the time the individual is 38 34 referred for dual diagnosis treatment, the department of 38 35 corrections shall be charged for the costs of treatment. 39 1 (3) Prior to an individual's admission for dual diagnosis 39 2 treatment, the individual shall have been screened through a 39 3 county's single entry point process to determine the 39 4 appropriateness of the treatment. 39 5 (4) A county shall not be chargeable for the costs of 39 6 treatment for an individual enrolled in and authorized by or 39 7 decertified by a managed behavioral care plan under the 39 8 medical assistance program. 39 9 (5) Notwithstanding section 8.33, mental health 39 10 institutions revenues related to the dual diagnosis program 39 11 that remain unencumbered or unobligated at the close of the 39 12 fiscal year shall not revert but shall remain available up to 39 13 the amount which would allow the mental health institute to 39 14 meet credit obligations owed to counties as a result of year- 39 15 end per diem adjustments for the dual diagnosis program. 39 16 5. Within the funds appropriated in this section, the 39 17 department may transfer funds as necessary to best fulfill the 39 18 needs of the institutions provided for in the appropriation. 39 19 6. As part of the discharge planning process at the state 39 20 mental health institutes, the department shall provide 39 21 assistance in obtaining eligibility for federal supplemental 39 22 security income (SSI) to those individuals whose care at a 39 23 state mental health institute is the financial responsibility 39 24 of the state or a county. 39 25 7. If the department receives notice from the department 39 26 of inspections and appeals or any other entity that certifies 39 27 a state mental health institute's compliance with 39 28 certification requirements or determines compliance with 39 29 regulatory requirements, that a state mental health institute 39 30 has been found or cited for being out of compliance with a 39 31 requirement, the department shall report the notice to those 39 32 persons designated by this Act to receive reports. The report 39 33 shall be made within thirty days of the date the notice was 39 34 received by the department. 39 35 Sec. 20. STATE RESOURCE CENTERS. There is appropriated 40 1 from the general fund of the state to the department of human 40 2 services for the fiscal year beginning July 1, 2001, and 40 3 ending June 30, 2002, the following amounts, or so much 40 4 thereof as is necessary, to be used for the purposes 40 5 designated: 40 6 1. For the state resource center at Glenwood for salaries, 40 7 support, maintenance, and miscellaneous purposes: 40 8 .................................................. $ 2,625,000 40 9 2. For the state resource center at Woodward for salaries, 40 10 support, maintenance, and miscellaneous purposes: 40 11 .................................................. $ 1,790,000 40 12 3. a. The department shall continue operating the state 40 13 resource centers at Glenwood and Woodward with a net general 40 14 fund appropriation. The amounts allocated in this section are 40 15 the net amounts of state moneys projected to be needed for the 40 16 state resource centers. The purposes of operating with a net 40 17 general fund appropriation are to encourage the state resource 40 18 centers to operate with increased self-sufficiency, to improve 40 19 quality and efficiency, and to support collaborative efforts 40 20 between the state resource centers and counties and other 40 21 funders of services available from the state resource centers. 40 22 The state resource centers shall not be operated under the net 40 23 appropriation in a manner which results in a cost increase to 40 24 the state or cost shifting between the state, the medical 40 25 assistance program, counties, or other sources of funding for 40 26 the state resource centers. Moneys allocated in subsection 1 40 27 may be used throughout the fiscal year in the manner necessary 40 28 for purposes of cash flow management, and for purposes of cash 40 29 flow management the state resource centers may temporarily 40 30 draw more than the amount allocated, provided the amount 40 31 allocated is not exceeded at the close of the fiscal year. 40 32 b. Subject to the approval of the department, except for 40 33 revenues under section 249A.11, revenues attributable to the 40 34 state resource centers for the fiscal year beginning July 1, 40 35 2001, shall be deposited into each state resource center's 41 1 account, including but not limited to all of the following: 41 2 (1) Moneys received by the state from billings to counties 41 3 under section 222.73. 41 4 (2) The federal share of medical assistance revenue 41 5 received under chapter 249A. 41 6 (3) Federal Medicare program payments. 41 7 (4) Moneys received from client financial participation. 41 8 (5) Other revenues generated from current, new, or 41 9 expanded services which the state resource center is 41 10 authorized to provide. 41 11 c. For the purposes of allocating the salary adjustment 41 12 fund moneys appropriated in another Act, the state resource 41 13 centers shall be considered to be funded entirely with state 41 14 moneys. 41 15 d. Notwithstanding section 8.33, up to $500,000 of a state 41 16 resource center's revenues that remain unencumbered or 41 17 unobligated at the close of the fiscal year shall not revert 41 18 but shall remain available to be used in the succeeding fiscal 41 19 year. 41 20 4. Within the funds appropriated in this section, the 41 21 department may transfer funds as necessary to best fulfill the 41 22 needs of the institutions provided for in the appropriation. 41 23 5. The department may continue to bill for state resource 41 24 center services utilizing a scope of services approach used 41 25 for private providers of ICFMR services, in a manner which 41 26 does not shift costs between the medical assistance program, 41 27 counties, or other sources of funding for the state resource 41 28 centers. 41 29 6. The state resource centers may expand the time limited 41 30 assessment and respite services during the fiscal year. 41 31 7. If the department's administration and the department 41 32 of management concur with a finding by a state resource 41 33 center's superintendent that projected revenues can reasonably 41 34 be expected to pay the salary and support costs for a new 41 35 employee position, or that such costs for adding a particular 42 1 number of new positions for the fiscal year would be less than 42 2 the overtime costs if new positions would not be added, the 42 3 superintendent may add the new position or positions. If the 42 4 vacant positions available to a resource center do not include 42 5 the position classification desired to be filled, the state 42 6 resource center's superintendent may reclassify any vacant 42 7 position as necessary to fill the desired position. The 42 8 superintendents of the state resource centers may, by mutual 42 9 agreement, pool vacant positions and position classifications 42 10 during the course of the fiscal year in order to assist one 42 11 another in filling necessary positions. 42 12 8. If the department receives notice from the department 42 13 of inspections and appeals or any other entity that certifies 42 14 a state resource center's compliance with certification 42 15 requirements or determines compliance with regulatory 42 16 requirements, that a state resource center has been found or 42 17 cited for being out of compliance with a requirement, the 42 18 department shall report the notice to those persons designated 42 19 by this Act to receive reports. The report shall be made 42 20 within thirty days of the date the notice was received by the 42 21 department. 42 22 Sec. 21. SPECIAL NEEDS GRANTS. There is appropriated from 42 23 the general fund of the state to the department of human 42 24 services for the fiscal year beginning July 1, 2001, and 42 25 ending June 30, 2002, the following amount, or so much thereof 42 26 as is necessary, to be used for the purpose designated: 42 27 To provide special needs grants to families with a family 42 28 member at home who has a developmental disability or to a 42 29 person with a developmental disability: 42 30 .................................................. $ 53,212 42 31 Grants must be used by a family to defray special costs of 42 32 caring for the family member to prevent out-of-home placement 42 33 of the family member or to provide for independent living 42 34 costs. The grants may be administered by a private nonprofit 42 35 agency which serves people statewide provided that no 43 1 administrative costs are received by the agency. 43 2 Sec. 22. MI/MR/DD STATE CASES. There is appropriated from 43 3 the general fund of the state to the department of human 43 4 services for the fiscal year beginning July 1, 2001, and 43 5 ending June 30, 2002, the following amounts, or so much 43 6 thereof as is necessary, to be used for the purposes 43 7 designated: 43 8 For purchase of local services for persons with mental 43 9 illness, mental retardation, and developmental disabilities 43 10 where the client has no established county of legal 43 11 settlement: 43 12 .................................................. $ 12,700,000 43 13 Sec. 23. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES – 43 14 COMMUNITY SERVICES FUND. There is appropriated from the 43 15 general fund of the state to the mental health and 43 16 developmental disabilities community services fund created in 43 17 section 225C.7 for the fiscal year beginning July 1, 2001, and 43 18 ending June 30, 2002, the following amount, or so much thereof 43 19 as is necessary, to be used for the purpose designated: 43 20 For mental health and developmental disabilities community 43 21 services in accordance with this Act: 43 22 ................................................. $ 19,560,000 43 23 1. Of the funds appropriated in this section, $19,530,000 43 24 shall be allocated to counties for funding of community-based 43 25 mental health and developmental disabilities services. The 43 26 moneys shall be allocated to a county as follows: 43 27 a. Fifty percent based upon the county's proportion of the 43 28 state's population of persons with an annual income which is 43 29 equal to or less than the poverty guideline established by the 43 30 federal office of management and budget. 43 31 b. Fifty percent based upon the county's proportion of the 43 32 state's general population. 43 33 2. a. A county shall utilize the funding the county 43 34 receives pursuant to subsection 1 for services provided to 43 35 persons with a disability, as defined in section 225C.2. 44 1 However, no more than 50 percent of the funding shall be used 44 2 for services provided to any one of the service populations. 44 3 b. A county shall use at least 50 percent of the funding 44 4 the county receives under subsection 1 for contemporary 44 5 services provided to persons with a disability, as described 44 6 in rules adopted by the department. 44 7 3. Of the funds appropriated in this section, $30,000 44 8 shall be used to support the Iowa compass program providing 44 9 computerized information and referral services for Iowans with 44 10 disabilities and their families. 44 11 4. a. Funding appropriated for purposes of the federal 44 12 social services block grant is allocated for distribution to 44 13 counties for local purchase of services for persons with 44 14 mental illness or mental retardation or other developmental 44 15 disability. 44 16 b. The funds allocated in this subsection shall be 44 17 expended by counties in accordance with the county's approved 44 18 county management plan. A county without an approved county 44 19 management plan shall not receive allocated funds until the 44 20 county's management plan is approved. 44 21 c. The funds provided by this subsection shall be 44 22 allocated to each county as follows: 44 23 (1) Fifty percent based upon the county's proportion of 44 24 the state's population of persons with an annual income which 44 25 is equal to or less than the poverty guideline established by 44 26 the federal office of management and budget. 44 27 (2) Fifty percent based upon the amount provided to the 44 28 county for local purchase of services in the preceding fiscal 44 29 year. 44 30 5. A county is eligible for funds under this section if 44 31 the county qualifies for a state payment as described in 44 32 section 331.439. 44 33 Sec. 24. PERSONAL ASSISTANCE. There is appropriated from 44 34 the general fund of the state to the department of human 44 35 services for the fiscal year beginning July 1, 2001, and 45 1 ending June 30, 2002, the following amount, or so much thereof 45 2 as is necessary, to be used for the purpose designated: 45 3 For continuation of a pilot project for the personal 45 4 assistance services program in accordance with this section: 45 5 .................................................. $ 264,000 45 6 1. The funds appropriated in this section shall be used to 45 7 continue the pilot project for the personal assistance 45 8 services program under section 225C.46 in an urban and a rural 45 9 area. Not more than 10 percent of the amount appropriated 45 10 shall be used for administrative costs. The pilot project and 45 11 any federal home and community-based waiver developed under 45 12 the medical assistance program shall not be implemented in a 45 13 manner which would require additional county or state costs 45 14 for assistance provided to an individual served under the 45 15 pilot project or the waiver. 45 16 2. Beginning July 1, 2001, new applicants shall not be 45 17 accepted into the pilot project. An individual receiving 45 18 services under the pilot project as of June 30, 2001, shall 45 19 continue receiving services until the individual voluntarily 45 20 leaves the project or until another program with similar 45 21 services exists. 45 22 Sec. 25. SEXUALLY VIOLENT PREDATORS. 45 23 1. There is appropriated from the general fund of the 45 24 state to the department of human services for the fiscal year 45 25 beginning July 1, 2001, and ending June 30, 2002, the 45 26 following amount, or so much thereof as is necessary, to be 45 27 used for the purpose designated: 45 28 For costs associated with the commitment and treatment of 45 29 sexually violent predators including costs of legal services 45 30 and other associated costs, including salaries, support, 45 31 maintenance, and miscellaneous purposes and for not more than 45 32 the following full-time equivalent positions: 45 33 .................................................. $ 1,300,000 45 34 ............................................... FTEs 25.00 45 35 2. Notwithstanding section 8.33, $350,000 of the moneys 46 1 appropriated in 2000 Iowa Acts, chapter 1228, section 27, that 46 2 remain unexpended or unobligated at the close of the fiscal 46 3 year shall not revert but shall remain available in the 46 4 succeeding fiscal year to be used for the purposes of this 46 5 section. 46 6 Sec. 26. FIELD OPERATIONS. There is appropriated from the 46 7 general fund of the state to the department of human services 46 8 for the fiscal year beginning July 1, 2001, and ending June 46 9 30, 2002, the following amounts, or so much thereof as is 46 10 necessary, to be used for the purposes designated: 46 11 1. For field operations, including salaries, support, 46 12 maintenance, and miscellaneous purposes and for not more than 46 13 the following full-time equivalent positions: 46 14 .................................................. $ 48,300,000 46 15 ............................................... FTEs 2,103.50 46 16 a. Priority in filling full-time equivalent positions 46 17 shall be given to those positions related to child protection 46 18 services. 46 19 b. The amount appropriated in this section includes 46 20 increased funding of $1,212,197 to address staffing issues in 46 21 regard to child abuse assessment staff, social workers, and 46 22 support staff performing related functions and for increased 46 23 activities to improve cooperation between field staff, law 46 24 enforcement, county attorneys, and mandatory reporters in 46 25 addressing reports of child abuse. 46 26 c. The director of human services may establish new 46 27 positions and add state employees to field operations if the 46 28 director determines that such action can reasonably be 46 29 expected to leverage additional federal dollars. The intent 46 30 of establishing or adding these positions shall be to reduce 46 31 caseloads to reflect recognized national standards as 46 32 determined by the department. For purposes of these 46 33 positions, the department may exceed the number of full-time 46 34 equivalent positions authorized in this subsection. 46 35 2. Commencing with the fiscal year beginning July 1, 2001, 47 1 the department shall eliminate the regional office 47 2 administrative level within field operations. Essential staff 47 3 within a regional office shall be transferred to be part of 47 4 the staff of a county cluster office. 47 5 Sec. 27. GENERAL ADMINISTRATION. There is appropriated 47 6 from the general fund of the state to the department of human 47 7 services for the fiscal year beginning July 1, 2001, and 47 8 ending June 30, 2002, the following amount, or so much thereof 47 9 as is necessary, to be used for the purpose designated: 47 10 For general administration, including salaries, support, 47 11 maintenance, and miscellaneous purposes and for not more than 47 12 the following full-time equivalent positions: 47 13 ................................................. $ 7,520,029 47 14 ............................................... FTEs 385.00 47 15 1. Of the funds appropriated in this section, $57,000 is 47 16 allocated for the prevention of disabilities policy council 47 17 established in section 225B.3. 47 18 2. If an expenditure reduction or other cost-saving 47 19 measure is deemed necessary to maintain expenditures within 47 20 the amount appropriated to the department in this section, the 47 21 department shall not implement the reduction or other measure 47 22 in a manner which reduces service funding for disability 47 23 rehabilitation programs, including, but not limited to, 47 24 statewide supported employment programs. 47 25 3. The department shall report to the governor, the 47 26 general assembly, the legislative fiscal bureau, and the 47 27 legislative service bureau, within thirty days of notice from 47 28 the source of payment of the future receipt of any bonus, 47 29 incentive, or other payments received from the federal 47 30 government, court settlement payments, and any other payments 47 31 received by the state that may be used to supplement state 47 32 funds appropriated to the department. 47 33 Sec. 28. VOLUNTEERS. There is appropriated from the 47 34 general fund of the state to the department of human services 47 35 for the fiscal year beginning July 1, 2001, and ending June 48 1 30, 2002, the following amount, or so much thereof as is 48 2 necessary, to be used for the purpose designated: 48 3 For development and coordination of volunteer services: 48 4 ................................................. $ 118,250 48 5 Sec. 29. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 48 6 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 48 7 DEPARTMENT OF HUMAN SERVICES. 48 8 1. a. For the fiscal year beginning July 1, 2001, the 48 9 reimbursement rate for nursing facilities shall be determined 48 10 under a case mix reimbursement system. Nursing facilities 48 11 reimbursed under the medical assistance program shall submit 48 12 annual cost reports and additional documentation as required 48 13 by rules adopted by the department. 48 14 b. (1) For the fiscal year beginning July 1, 2001, the 48 15 department shall reimburse pharmacy dispensing fees using a 48 16 single rate maximum that is consistent with funds projected to 48 17 be available. 48 18 (2) The department shall increase the state's efforts to 48 19 collect pharmaceutical manufacturer rebates in order to meet 48 20 the national average relative to collection of such rebates. 48 21 (3) The department shall implement a series of prospective 48 22 drug utilization review edits on targeted drugs to facilitate 48 23 the cost effective use of these drugs. The edits shall be 48 24 implemented in a manner that does not change the therapy or 48 25 the therapeutic outcome for the patient. 48 26 (4) The department shall implement a generic incentive 48 27 patient copayment program to encourage the dispensing and use 48 28 of less costly pharmaceutical alternatives. The copayment 48 29 amount shall be 50 cents for a generic medication and $2 for a 48 30 brand-name medication. 48 31 c. For the fiscal year beginning July 1, 2001, 48 32 reimbursement rates for inpatient and outpatient hospital 48 33 services shall be reduced by three percent from the rates in 48 34 effect on June 30, 2001. The department shall continue the 48 35 outpatient hospital reimbursement system based upon ambulatory 49 1 patient groups implemented pursuant to 1994 Iowa Acts, chapter 49 2 1186, section 25, subsection 1, paragraph "f". In addition, 49 3 the department shall continue the revised medical assistance 49 4 payment policy implemented pursuant to that paragraph to 49 5 provide reimbursement for costs of screening and treatment 49 6 provided in the hospital emergency room if made pursuant to 49 7 the prospective payment methodology developed by the 49 8 department for the payment of outpatient services provided 49 9 under the medical assistance program. 49 10 d. Reimbursement rates for rural health clinics, hospices, 49 11 independent laboratories, and acute mental hospitals shall be 49 12 increased in accordance with increases under the federal 49 13 Medicare program or as supported by their Medicare audited 49 14 costs. 49 15 e. Reimbursement rates for home health agencies shall be 49 16 reduced by three percent from the rates in effect on June 30, 49 17 2001. 49 18 f. Federally qualified health centers shall receive cost- 49 19 based reimbursement for 100 percent of the reasonable costs 49 20 for the provision of services to recipients of medical 49 21 assistance. 49 22 g. Beginning July 1, 2001, the reimbursement rates for 49 23 dental services shall be reduced by three percent from the 49 24 rates in effect on June 30, 2001. 49 25 h. Beginning July 1, 2001, the reimbursement rates for 49 26 community mental health centers shall be reduced by three 49 27 percent from the rates in effect on June 30, 2001. 49 28 i. For the fiscal year beginning July 1, 2001, the maximum 49 29 reimbursement rate for psychiatric medical institutions for 49 30 children shall remain at the rate in effect on June 30, 2001, 49 31 based on per day rates for actual costs. 49 32 j. For the fiscal year beginning July 1, 2001, unless 49 33 otherwise specified in this Act, all noninstitutional medical 49 34 assistance provider reimbursement rates shall be reduced by 49 35 three percent from the rates in effect on June 30, 2001, 50 1 except those providers whose rates are required to be 50 2 determined pursuant to section 249A.20. However, 50 3 notwithstanding section 249A.20, the average reimbursement 50 4 rate increase for health providers eligible for use of the 50 5 reimbursement methodology under that section shall be reduced 50 6 by three percent from the rates in effect on June 30, 2001. 50 7 2. For the fiscal year beginning July 1, 2001, the maximum 50 8 cost reimbursement rate for residential care facilities 50 9 reimbursed by the department shall not be less than $24.50 per 50 10 day for the time period of July 1, 2001, through December 31, 50 11 2001, and shall not be less than $25.14 per day for the time 50 12 period of January 1, 2002, through June 30, 2002. The flat 50 13 reimbursement rate for facilities electing not to file 50 14 semiannual cost reports shall not be less than $17.50 per day 50 15 for the time period of July 1, 2001, through December 31, 50 16 2001, and shall not be less than $17.96 per day for the time 50 17 period of January 1, 2002, through June 30, 2002. 50 18 3. For the fiscal year beginning July 1, 2001, the maximum 50 19 reimbursement rate for providers reimbursed under the in-home 50 20 health-related care program shall not be less than $471.06 per 50 21 month for the time period of July 1, 2001, through December 50 22 31, 2001, and shall not be less than $483.31 per month for the 50 23 time period of January 1, 2002, through June 30, 2002. 50 24 4. Unless otherwise directed in this section, when the 50 25 department's reimbursement methodology for any provider 50 26 reimbursed in accordance with this section includes an 50 27 inflation factor, this factor shall not exceed the amount by 50 28 which the consumer price index for all urban consumers 50 29 increased during the calendar year ending December 31, 2000. 50 30 5. Notwithstanding section 234.38, in the fiscal year 50 31 beginning July 1, 2001, the foster family basic daily 50 32 maintenance rate and the maximum adoption subsidy rate for 50 33 children ages 0 through 5 years shall be $14.28, the rate for 50 34 children ages 6 through 11 years shall be $15.07, the rate for 50 35 children ages 12 through 15 years shall be $16.83, and the 51 1 rate for children ages 16 and older shall be $16.83. 51 2 6. For the fiscal year beginning July 1, 2001, the maximum 51 3 reimbursement rates for social service providers shall remain 51 4 at the rates in effect on June 30, 2001. However, the rates 51 5 may be adjusted under any of the following circumstances: 51 6 a. If a new service was added after June 30, 2001, the 51 7 initial reimbursement rate for the service shall be based upon 51 8 actual and allowable costs. 51 9 b. If a social service provider loses a source of income 51 10 used to determine the reimbursement rate for the provider, the 51 11 provider's reimbursement rate may be adjusted to reflect the 51 12 loss of income, provided that the lost income was used to 51 13 support actual and allowable costs of a service purchased 51 14 under a purchase of service contract. 51 15 c. The department revises the reimbursement rates as part 51 16 of the changes in the mental health and developmental 51 17 disabilities services system initiated pursuant to 1995 Iowa 51 18 Acts, chapter 206, and associated legislation. 51 19 7. The group foster care reimbursement rates paid for 51 20 placement of children out-of-state shall be calculated 51 21 according to the same rate-setting principles as those used 51 22 for in-state providers unless the director determines that 51 23 appropriate care cannot be provided within the state. The 51 24 payment of the daily rate shall be based on the number of days 51 25 in the calendar month in which service is provided. 51 26 8. For the fiscal year beginning July 1, 2001, the 51 27 reimbursement rates for rehabilitative treatment and support 51 28 services providers shall remain at the rates in effect on June 51 29 30, 2001. 51 30 9. For the fiscal year beginning July 1, 2001, the 51 31 combined service and maintenance components of the 51 32 reimbursement rate paid to a shelter care provider shall be 51 33 based on the cost report submitted to the department. The 51 34 maximum reimbursement rate shall be $83.69 per day. The 51 35 department shall reimburse a shelter care provider at the 52 1 provider's actual and allowable unit cost, plus inflation, not 52 2 to exceed the maximum reimbursement rate. 52 3 10. For the fiscal year beginning July 1, 2001, the 52 4 department shall calculate reimbursement rates for 52 5 intermediate care facilities for persons with mental 52 6 retardation at the 80th percentile. 52 7 11. For the fiscal year beginning July 1, 2001, for child 52 8 care providers, the department shall set provider 52 9 reimbursement rates based on the rate reimbursement survey 52 10 completed in December 1998. The department shall set rates in 52 11 a manner so as to provide incentives for a nonregistered 52 12 provider to become registered. 52 13 12. For the fiscal year beginning July 1, 2001, 52 14 reimbursements for providers reimbursed by the department of 52 15 human services may be modified if appropriated funding is 52 16 allocated for that purpose from the senior living trust fund 52 17 created in section 249H.4, or as specified in appropriations 52 18 from the tobacco settlement endowment fund created in section 52 19 12.65, Code 2001. 52 20 13. The department may adopt emergency rules to implement 52 21 this section. 52 22 Sec. 30. TRANSFER AUTHORITY. Subject to the provisions of 52 23 section 8.39, for the fiscal year beginning July 1, 2001, if 52 24 necessary to meet federal maintenance of effort requirements 52 25 or to transfer federal temporary assistance for needy families 52 26 block grant funding to be used for purposes of the federal 52 27 social services block grant or to meet cash flow needs 52 28 resulting from delays in receiving federal funding, the 52 29 department of human services may transfer within or between 52 30 any of the appropriations made in this Act and appropriations 52 31 in law for the federal social services block grant to the 52 32 department for the following purposes, provided that the 52 33 combined amount of state and federal temporary assistance for 52 34 needy families block grant funding for each appropriation 52 35 remains the same before and after the transfer: 53 1 1. For the family investment program. 53 2 2. For emergency assistance. 53 3 3. For child care assistance. 53 4 4. For child and family services. 53 5 5. For field operations. 53 6 6. For general administration. 53 7 7. MH/MR/DD/BI community services (local purchase). 53 8 This section shall not be construed to prohibit existing 53 9 state transfer authority for other purposes. 53 10 Sec. 31. FRAUD AND RECOUPMENT ACTIVITIES. During the 53 11 fiscal year beginning July 1, 2001, notwithstanding the 53 12 restrictions in section 239B.14, recovered moneys generated 53 13 through fraud and recoupment activities are appropriated to 53 14 the department of human services to be used for additional 53 15 fraud and recoupment activities performed by the department of 53 16 human services or the department of inspections and appeals, 53 17 and the department of human services may add not more than 53 18 five full-time equivalent positions, in addition to those 53 19 funded in this Act, subject to both of the following 53 20 conditions: 53 21 1. The director of human services determines that the 53 22 investment can reasonably be expected to increase recovery of 53 23 assistance paid in error, due to fraudulent or nonfraudulent 53 24 actions, in excess of the amount recovered in the fiscal year 53 25 beginning July 1, 1997. 53 26 2. The amount expended for the additional fraud and 53 27 recoupment activities shall not exceed the amount of the 53 28 projected increase in assistance recovered. 53 29 Sec. 32. PRIOR YEAR NONREVERSION. 53 30 1. Notwithstanding 2000 Iowa Acts, chapter 1221, section 53 31 5, moneys appropriated in chapter 1221, section 1, subsection 53 32 1, paragraphs "f", "h", and "i", for home health care 53 33 services, for home health care services and habilitative day 53 34 care for children with special needs, and for respite care 53 35 services provided through home and community-based waiver 54 1 services which are unexpended or unencumbered at the close of 54 2 the fiscal year beginning July 1, 2000, and ending June 30, 54 3 2001, shall not revert but shall remain available to be used 54 4 in the succeeding fiscal year to supplement the medical 54 5 assistance appropriation made in this Act. 54 6 2. Notwithstanding 2000 Iowa Acts, chapter 1221, section 54 7 5, $1,000,000 of the moneys appropriated in 2000 Iowa Acts, 54 8 chapter 1221, section 3, for purchase of service contract 54 9 providers which is unexpended or unencumbered at the close of 54 10 the fiscal year beginning July 1, 2000, and ending June 30, 54 11 2001, shall not revert but shall remain available to be used 54 12 in the succeeding fiscal year to supplement the medical 54 13 assistance appropriation made in this Act. 54 14 Sec. 33. Section 225B.8, Code 2001, is amended to read as 54 15 follows: 54 16 225B.8 REPEAL. 54 17 This chapter is repealed July 1,20012006. 54 18 Sec. 34. NEW SECTION. 234.45 IOWA MARRIAGE INITIATIVE 54 19 GRANT FUND. 54 20 1. An Iowa marriage initiative grant fund is established 54 21 in the state treasury under the authority of the department of 54 22 human services. The grant fund shall consist of moneys 54 23 appropriated to the fund and notwithstanding section 8.33 such 54 24 moneys shall not revert to the fund from which appropriated at 54 25 the close of the fiscal year but shall remain in the Iowa 54 26 marriage initiative grant fund. Moneys credited to the fund 54 27 shall be used as directed in appropriations made by the 54 28 general assembly for funding of services to support marriage 54 29 and to encourage the formation and maintenance of two-parent 54 30 families that are secure and nurturing. 54 31 2. It is the intent of the general assembly to credit to 54 32 the Iowa marriage initiative grant fund, federal moneys 54 33 provided to the state for the express purpose of supporting 54 34 marriage or two-parent families. 54 35 Sec. 35. Section 232.142, Code 2001, is amended by adding 55 1 the following new subsection: 55 2 NEW SUBSECTION. 6. A juvenile detention home fund is 55 3 created in the state treasury under the authority of the 55 4 department. The fund shall consist of moneys deposited in the 55 5 fund pursuant to sections 321.218A and 321A.32A. The moneys 55 6 in the fund shall be used for the costs of the establishment, 55 7 improvement, operation, and maintenance of county or 55 8 multicounty juvenile detention homes in accordance with annual 55 9 appropriations made by the general assembly from the fund for 55 10 these purposes. 55 11 Sec. 36. Section 234.12A, subsection 1, paragraphs b and 55 12 c, Code 2001, are amended to read as follows: 55 13 b. A retailer providing electronic funds transfer system 55 14 equipment for transactions pursuant to the program shall be 55 15 reimbursedfifteenseven cents for each approved transaction 55 16 pursuant to the program utilizing the retailer's equipment. 55 17 c. A retailer that provides electronic funds transfer 55 18 system equipment for transactions pursuant to the program and 55 19 who makes cash disbursements pursuant to the program utilizing 55 20 the retailer's equipment shall be paid a fee offifteenseven 55 21 cents by the department for each cash disbursement transaction 55 22 by the retailer. 55 23 Sec. 37. Section 321.218A, Code 2001, is amended to read 55 24 as follows: 55 25 321.218A CIVIL PENALTY – DISPOSITION – REINSTATEMENT. 55 26 When the department suspends, revokes, or bars a person's 55 27 driver's license or nonresident operating privilege for a 55 28 conviction under this chapter, the department shall assess the 55 29 person a civil penalty of two hundred dollars. However, for 55 30 persons age nineteen or under, the civil penalty assessed 55 31 shall be fifty dollars. The civil penalty does not apply to a 55 32 suspension issued for a violation of section 321.180B. The 55 33 money collected by the department under this section shall be 55 34 transmitted to the treasurer of state who shall deposit the 55 35 money in thegeneral fund of the statejuvenile detention home 56 1 fund created in section 232.142. A temporary restricted 56 2 license shall not be issued or a driver's license or 56 3 nonresident operating privilege reinstated until the civil 56 4 penalty has been paid. 56 5 Sec. 38. Section 321A.32A, Code 2001, is amended to read 56 6 as follows: 56 7 321A.32A CIVIL PENALTY – DISPOSITION – REINSTATEMENT. 56 8 When the department suspends, revokes, or bars a person's 56 9 driver's license or nonresident operating privilege under this 56 10 chapter, the department shall assess the person a civil 56 11 penalty of two hundred dollars. However, for persons age 56 12 nineteen or under, the civil penalty assessed shall be fifty 56 13 dollars. The money collected by the department under this 56 14 section shall be transmitted to the treasurer of state who 56 15 shall deposit the money in thegeneral fund of the state56 16 juvenile detention home fund created in section 232.142. A 56 17 temporary restricted license shall not be issued or a driver's 56 18 license or nonresident operating privilege reinstated until 56 19 the civil penalty has been paid. 56 20 Sec. 39. 2000 Iowa Acts, chapter 1228, section 8, is 56 21 amended by adding the following new subsection: 56 22 NEW SUBSECTION. 19. Notwithstanding section 8.33, the 56 23 state share of funds received by the state in a settlement 56 24 with a fiscal agent shall not revert or be credited to the 56 25 general fund but shall be treated as a repayment receipt and 56 26 remain available to supplement funds appropriated in this 56 27 section for the fiscal period beginning July 1, 2000, and for 56 28 any appropriation made for medical assistance for the fiscal 56 29 year beginning July 1, 2001. 56 30 Sec. 40. 2000 Iowa Acts, chapter 1228, section 9, is 56 31 amended by adding the following new unnumbered paragraph: 56 32 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, 56 33 moneys appropriated in this section that remain unencumbered 56 34 or unobligated at the close of the fiscal year shall not 56 35 revert but shall remain available for expenditure for the 57 1 purposes designated until the close of the succeeding fiscal 57 2 year. 57 3 Sec. 41. 2000 Iowa Acts, chapter 1232, section 1, 57 4 unnumbered paragraph 2, is amended to read as follows: 57 5 For distribution to counties of the county mental health, 57 6 mental retardation, and developmental disabilities allowed 57 7 growth factor adjustment,in accordance within this section 57 8 in lieu of the provisions of section 331.438, subsection 2, 57 9 and section 331.439, subsection 3, and chapter 426B: 57 10 .................................................. $26,492,71257 11 8,333,121 57 12 Sec. 42. EMERGENCY RULES. If specifically authorized by a 57 13 provision of this Act, the department of human services or the 57 14 mental health and developmental disabilities commission may 57 15 adopt administrative rules under section 17A.4, subsection 2, 57 16 and section 17A.5, subsection 2, paragraph "b", to implement 57 17 the provisions and the rules shall become effective 57 18 immediately upon filing, unless the effective date is delayed 57 19 by the administrative rules review committee, notwithstanding 57 20 section 17A.4, subsection 5, and section 17A.8, subsection 9, 57 21 or a later effective date is specified in the rules. Any 57 22 rules adopted in accordance with this section shall not take 57 23 effect before the rules are reviewed by the administrative 57 24 rules review committee. Any rules adopted in accordance with 57 25 the provisions of this section shall also be published as 57 26 notice of intended action as provided in section 17A.4. 57 27 Sec. 43. REPORTS. Any reports or information required to 57 28 be compiled and submitted under this Act shall be submitted to 57 29 the chairpersons and ranking members of the joint 57 30 appropriations subcommittee on human services, the legislative 57 31 fiscal bureau, the legislative service bureau, and to the 57 32 caucus staffs on or before the dates specified for submission 57 33 of the reports or information. 57 34 Sec. 44. EQUIPMENT PURCHASE MORATORIUM. Commencing on the 57 35 effective date of this section, the department of human 58 1 services shall eliminate nonessential equipment purchases 58 2 otherwise payable from any appropriation or transfer made to 58 3 the department for the fiscal years beginning July 1, 2000, 58 4 and July 1, 2001. The appropriations made in this Act do not 58 5 include any funding for nonessential equipment purchases. 58 6 Notwithstanding section 8.33, $500,000 of the moneys 58 7 appropriated and transfers made to the department of human 58 8 services for the fiscal year beginning July 1, 2000, in 2000 58 9 Iowa Acts, chapters 1004, 1221, 1226, 1228, 1231, and 1232, 58 10 and any other provision of law, that may be used for equipment 58 11 purposes, that remain unencumbered or unobligated at the close 58 12 of the fiscal year shall not revert but shall remain available 58 13 for expenditure for the purposes designated in the 58 14 appropriations made in this Act until the close of the 58 15 succeeding fiscal year. 58 16 Sec. 45. EFFECTIVE DATES. The following provisions of 58 17 this Act, being deemed of immediate importance, take effect 58 18 upon enactment: 58 19 1. Section 3, subsection 2, relating to nonreversion of 58 20 moneys allocated for electronic benefits transfer development. 58 21 2. Section 14, subsection 2, paragraph "e", relating to 58 22 requirements of section 232.143, for the 2001-2002 fiscal 58 23 year. 58 24 3. Section 14, subsection 14, paragraph "a", relating to 58 25 determining allocation of court-ordered services funding. 58 26 4. Section 25, subsection 2, relating to nonreversion of 58 27 moneys appropriated in 2000 Iowa Acts, chapter 1228, section 58 28 27. 58 29 5. Section 32, relating to nonreversion of moneys 58 30 appropriated in 2000 Iowa Acts, chapter 1221, section 1, for 58 31 home health care services, for home health care and 58 32 habilitative day care for children with special needs, and for 58 33 respite care provided through home and community-based waiver 58 34 services, and relating to nonreversion of moneys appropriated 58 35 in 2000 Iowa Acts, chapter 1221, section 3, for purchase of 59 1 service contract providers. 59 2 6. Section 39, relating to nonreversion of moneys 59 3 appropriated in 2000 Iowa Acts, chapter 1228, section 8, for 59 4 medical assistance repayment receipts. 59 5 7. Section 40, relating to nonreversion of moneys 59 6 appropriated in 2000 Iowa Acts, chapter 1228, section 9, for 59 7 the pharmaceutical case management study. 59 8 8. Section 44, relating to the equipment purchase 59 9 moratorium. 59 10 EXPLANATION 59 11 This bill makes appropriations for the 2000-2001 fiscal 59 12 year for the department of human services and includes other 59 13 appropriations and provisions involving human services and 59 14 health care. Various provisions take effect upon enactment. 59 15 The bill codifies provisions in Code sections 321.32A and 59 16 321.218A providing for deposit of civil penalties collected 59 17 for driver's license or nonresident operating penalties that 59 18 were suspended, revoked, or barred by the state department of 59 19 transportation. The bill creates a juvenile detention home 59 20 fund in Code section 232.142 into which the penalties are to 59 21 be deposited for appropriation by the general assembly. The 59 22 bill includes an appropriation to the department for the FY 59 23 2001-2002 amounts deposited in the fund. 59 24 The bill amends Code section 234.12A, relating to the 59 25 electronic benefits transfer program. The bill provides that 59 26 the transaction amounts to be paid to retailers are to be 59 27 limited to seven cents per transaction. 59 28 The bill amends Code section 225B.8 to extend the automatic 59 29 repeal of the prevention of disabilities policy council by 59 30 five years to July 1, 2006. 59 31 The bill reduces a previously enacted fiscal year 2001-2002 59 32 appropriation for county MH/MR/DD services expenditure growth. 59 33 The bill provides that any moneys remaining at the end of 59 34 the fiscal year from the appropriation for the fiscal year 59 35 beginning July 1, 2000, and ending June 30, 2001, for 60 1 assistance to counties with limited county mental health, 60 2 mental retardation, and developmental disabilities services 60 3 fund balances to pay reimbursement increases, is to not 60 4 revert, but is to remain available to be used in the 60 5 succeeding fiscal year to supplement the medical assistance 60 6 appropriation. 60 7 The bill provides that any moneys remaining at the end of 60 8 the fiscal year from the appropriation for the fiscal year 60 9 beginning July 1, 2000, and ending June 30, 2001, for home 60 10 health care services, for home health care services and 60 11 habilitative day care for children with special needs, and for 60 12 respite care services provided through home and community- 60 13 based waiver services which are unexpended or unencumbered at 60 14 the end of the fiscal year beginning July 1, 2001, and ending 60 15 June 30, 2002, shall remain available to be used in the 60 16 succeeding fiscal year to supplement the medical assistance 60 17 appropriation. 60 18 LSB 1106JA 79 60 19 pf/gg/8.3
Text: HSB00253 Text: HSB00255 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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