Text: HF00666                           Text: HF00668
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Bills and Amendments: General Index     Bill History: General Index



House File 667

Partial Bill History

Bill Text

PAG LIN
    20                                              HOUSE FILE 667
    40  
    50                             AN ACT
    70 RELATING TO AND MAKING APPROPRIATIONS FOR HEALTH AND HUMAN
    80    SERVICES TO THE DEPARTMENT OF ELDER AFFAIRS, THE IOWA
    90    DEPARTMENT OF PUBLIC HEALTH, THE DEPARTMENT OF INSPECTIONS
   100    AND APPEALS, THE DEPARTMENT OF HUMAN SERVICES, AND THE
   110    COMMISSION OF VETERANS AFFAIRS, AND PROVIDING EFFECTIVE DATES.
   120 
   130 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   140 
   160                           DIVISION I
   170                          ELDER AFFAIRS
   190    Section 1.  DEPARTMENT OF ELDER AFFAIRS.  There is
   200 appropriated from the general fund of the state to the
   210 department of elder affairs for the fiscal year beginning July
   220 1, 2003, and ending June 30, 2004, the following amount, or so
   230 much thereof as is necessary, to be used for the purposes
   240 designated:
   250    For aging programs for the department of elder affairs and
   260 area agencies on aging to provide citizens of Iowa who are 60
   270 years of age and older with case management for the frail
   280 elderly, the retired and senior volunteer program, resident
   290 advocate committee coordination, employment, and other
   300 services which may include, but are not limited to, adult day
   310 services, respite care, chore services, telephone reassurance,
   320 information and assistance, and home repair services,
   330 including the winterizing of homes, and for the construction
   340 of entrance ramps which make residences accessible to the
   350 physically handicapped, and for salaries, support,
   360 administration, maintenance, miscellaneous purposes, and for
   370 not more than the following full-time equivalent positions
   380 with the department of elder affairs:  
   400 .................................................. $  2,653,222
   410 ............................................... FTEs      25.50
   430    1.  Funds appropriated in this section may be used to
   440 supplement federal funds under federal regulations.  To
   450 receive funds appropriated in this section, a local area
   460 agency on aging shall match the funds with moneys from other
   470 sources according to rules adopted by the department.  Funds
   480 appropriated in this section may be used for elderly services
   490 not specifically enumerated in this section only if approved
   500 by an area agency on aging for provision of the service within
   510 the area.
   520    2.  Of the funds allocated under this section and any other
   530 state funds allocated for aging programs of the area agencies
   540 on aging not more than 7.5 percent of the total amount
   550 allocated shall be used for area agencies on aging
   560 administrative purposes.
   570    3.  It is the intent of the general assembly that the Iowa
   580 chapters of the Alzheimer's association and the case
   590 management program for the frail elderly shall collaborate and
   600 cooperate fully to assist families in maintaining family
   610 members with Alzheimer's disease in the community for the
   620 longest period of time possible.
   630    4.  The department shall maintain policies and procedures
   640 regarding Alzheimer's support and the retired and senior
   650 volunteer program.  
   670                           DIVISION II
   680                          PUBLIC HEALTH
   700    Sec. 2.  DEPARTMENT OF PUBLIC HEALTH.  There is
   710 appropriated from the general fund of the state to the Iowa
   720 department of public health for the fiscal year beginning July
   730 1, 2003, and ending June 30, 2004, the following amounts, or
   740 so much thereof as is necessary, to be used for the purposes
   750 designated:
   760    1.  ADDICTIVE DISORDERS
   770    For reducing the prevalence of use of tobacco, alcohol, and
   780 other drugs, and treating individuals affected by addictive
   790 behaviors, including gambling, and for not more than the
   800 following full-time equivalent positions:  
   820 .................................................. $  1,277,947
   830 ............................................... FTEs      13.75
   850    a.  The department shall continue to coordinate with
   860 substance abuse treatment and prevention providers regardless
   870 of funding source to assure the delivery of substance abuse
   880 treatment and prevention programs.
   890    b.  The commission on substance abuse, in conjunction with
   900 the department, shall continue to coordinate the delivery of
   910 substance abuse services involving prevention, social and
   920 medical detoxification, and other treatment by medical and
   930 nonmedical providers to uninsured and court-ordered substance
   940 abuse patients in all counties of the state.
   950    c.  The department and any grantee or subgrantee of the
   960 department shall not discriminate against a nongovernmental
   970 organization that provides substance abuse treatment and
   980 prevention services or applies for funding to provide those
   990 services on the basis that the organization has a religious
  1000 character.  The department shall report to the governor and
  1010 the general assembly on or before February 1, 2004, regarding
  1020 the number of religious or other nongovernmental organizations
  1030 that applied for funds in the preceding fiscal year, the
  1040 amounts awarded to those organizations, and the basis for any
  1050 refusal by the department or grantee or subgrantee of the
  1060 department to award funds to any of those organizations that
  1070 applied.
  1080    2.  ADULT WELLNESS
  1090    For maintaining or improving the health status of adults,
  1100 with target populations between the ages of 18 through 60, and
  1110 for not more than the following full-time equivalent
  1120 positions:  
  1140 .................................................. $    260,582
  1150 ............................................... FTEs      23.85
  1170    3.  CHILD AND ADOLESCENT WELLNESS
  1180    For promoting the optimum health status for children and
  1190 adolescents from birth through 21 years of age, and for not
  1200 more than the following full-time equivalent positions:  
  1220 .................................................. $    835,959
  1230 ............................................... FTEs      44.15
  1250    4.  CHRONIC CONDITIONS
  1260    For serving individuals identified as having chronic
  1270 conditions or special health care needs, and for not more than
  1280 the following full-time equivalent positions:  
  1300 .................................................. $  1,036,805
  1310 ............................................... FTEs      11.15
  1330    5.  COMMUNITY CAPACITY
  1340    For strengthening the health care delivery system at the
  1350 local level, and for not more than the following full-time
  1360 equivalent positions:  
  1380 .................................................. $  1,287,158
  1390 ............................................... FTEs      25.10
  1410    Of the funds appropriated in this subsection, $100,000 is
  1420 allocated for a child vision screening program implemented
  1430 through the university of Iowa hospitals and clinics in
  1440 collaboration with community empowerment areas.
  1450    6.  ELDERLY WELLNESS
  1460    For optimizing the health of persons 60 years of age and
  1470 older, and for not more than the following full-time
  1480 equivalent positions:  
  1500 .................................................. $  9,470,754
  1510 ............................................... FTEs       4.35
  1530    7.  ENVIRONMENTAL HAZARDS
  1540    For reducing the public's exposure to hazards in the
  1550 environment, primarily chemical hazards, and for not more than
  1560 the following full-time equivalent positions:  
  1580 .................................................. $    349,547
  1590 ............................................... FTEs       8.50
  1610    8.  INFECTIOUS DISEASES
  1620    For reducing the incidence and prevalence of communicable
  1630 diseases, and for not more than the following full-time
  1640 equivalent positions:  
  1660 .................................................. $    977,340
  1670 ............................................... FTEs      36.90
  1690    9.  INJURIES
  1700    For providing support and protection to victims of abuse or
  1710 injury, or programs that are designed to prevent abuse or
  1720 injury, and for not more than the following full-time
  1730 equivalent positions:  
  1750 .................................................. $  1,412,918
  1760 ............................................... FTEs       7.75
  1780    Of the funds appropriated in this subsection, $660,000
  1790 shall be credited to the emergency medical services fund
  1800 created in section 135.25.
  1810    10.  PUBLIC PROTECTION
  1820    For protecting the health and safety of the public through
  1830 establishing standards and enforcing regulations, and for not
  1840 more than the following full-time equivalent positions:  
  1860 .................................................. $  6,510,871
  1870 ............................................... FTEs     149.10
  1890    a.  The department may expend funds received from licensing
  1900 fees in addition to amounts appropriated in this subsection,
  1910 if those additional expenditures are directly the result of a
  1920 scope of practice review committee's unanticipated litigation
  1930 costs arising from the discharge of an examining board's
  1940 regulatory duties.  Before the department expends or encumbers
  1950 funds for a scope of practice review committee or for an
  1960 amount in excess of the funds budgeted for an examining board,
  1970 the director of the department of management shall approve the
  1980 expenditure or encumbrance.  The amounts necessary to fund any
  1990 unanticipated litigation or scope of practice review committee
  2000 expense in the fiscal year beginning July 1, 2003, shall not
  2010 exceed 5 percent of the average annual fees generated by the
  2020 boards for the previous two fiscal years.  The funds
  2030 authorized for expenditure pursuant to this lettered paragraph
  2040 are appropriated to the department for the purposes described
  2050 in this paragraph.
  2060    b.  For the fiscal year beginning July 1, 2003, the
  2070 department shall retain fees collected from the certification
  2080 of lead inspectors and lead abaters pursuant to section
  2090 135.105A to support the certification program; and shall
  2100 retain fees collected from the licensing, registration,
  2110 authorization, accreditation, and inspection of x-ray machines
  2120 used for mammographically guided breast biopsy, screening, and
  2130 diagnostic mammography, pursuant to section 136C.10 to support
  2140 the administration of the chapter.  The department may also
  2150 retain fees collected pursuant to section 136C.10 on all
  2160 shippers of radioactive material waste containers transported
  2170 across Iowa if the department does not obtain funding to
  2180 support the oversight and regulation of this activity, and for
  2190 x-ray radiology examination fees collected by the department
  2200 and reimbursed to a private organization conducting the
  2210 examination.  Fees retained by the department pursuant to this
  2220 lettered paragraph are appropriated to the department for the
  2230 purposes described in this lettered paragraph.
  2240    c.  The department may retain and expend not more than
  2250 $297,961 for lease and maintenance expenses from fees
  2260 collected pursuant to section 147.80 by the board of dental
  2270 examiners, the board of pharmacy examiners, the board of
  2280 medical examiners, and the board of nursing in the fiscal year
  2290 beginning July 1, 2003, and ending June 30, 2004.  Fees
  2300 retained by the department pursuant to this lettered paragraph
  2310 are appropriated to the department for the purposes described
  2320 in this lettered paragraph.
  2330    d.  The department may retain and expend not more than
  2340 $100,000 for reduction of the number of days necessary to
  2350 process medical license requests and for reduction of the
  2360 number of days needed for consideration of malpractice cases
  2370 from fees collected pursuant to section 147.80 by the board of
  2380 medical examiners in the fiscal year beginning July 1, 2003,
  2390 and ending June 30, 2004.  Fees retained by the department
  2400 pursuant to this lettered paragraph are appropriated to the
  2410 department for the purposes described in this lettered
  2420 paragraph.
  2430    e.  If a person in the course of responding to an emergency
  2440 renders aid to an injured person and becomes exposed to bodily
  2450 fluids of the injured person, that emergency responder shall
  2460 be entitled to hepatitis testing and immunization in
  2470 accordance with the latest available medical technology to
  2480 determine if infection with hepatitis has occurred.  The
  2490 person shall be entitled to reimbursement from the funds
  2500 appropriated in this subsection only if the reimbursement is
  2510 not available through any employer or third-party payor.
  2520    f.  The board of dental examiners may retain and expend not
  2530 more than $148,060 from revenues generated pursuant to section
  2540 147.80.  Fees retained by the board pursuant to this lettered
  2550 paragraph are appropriated to the department to be used for
  2560 the purposes of regulating dental assistants.
  2570    g.  The board of medical examiners, the board of pharmacy
  2580 examiners, the board of dental examiners, and the board of
  2590 nursing shall prepare estimates of projected receipts to be
  2600 generated by the licensing, certification, and examination
  2610 fees of each board as well as a projection of the fairly
  2620 apportioned administrative costs and rental expenses
  2630 attributable to each board.  Each board shall annually review
  2640 and adjust its schedule of fees so that, as nearly as
  2650 possible, projected receipts equal projected costs.
  2660    h.  The board of medical examiners, the board of pharmacy
  2670 examiners, the board of dental examiners, and the board of
  2680 nursing shall retain their individual executive officers, but
  2690 are strongly encouraged to share administrative, clerical, and
  2700 investigative staffs to the greatest extent possible.
  2710    i.  For the fiscal year beginning July 1, 2003, the board
  2720 of nursing may retain and expend 90 percent of the revenues
  2730 generated from any increase in licensing fees pursuant to
  2740 section 147.80 for purposes related to the state board's
  2750 duties, including but not limited to addition of full-time
  2760 equivalent positions.  Fees retained by the board pursuant to
  2770 this lettered paragraph are appropriated to the board of
  2780 nursing for the purposes described in this paragraph.
  2790    11.  RESOURCE MANAGEMENT
  2800    For establishing and sustaining the overall ability of the
  2810 department to deliver services to the public, and for not more
  2820 than the following full-time equivalent positions:  
  2840 .................................................. $    666,717
  2850 ............................................... FTEs      53.15
  2870    12.  The university of Iowa hospitals and clinics under the
  2880 control of the state board of regents shall not receive
  2890 indirect costs from the funds appropriated in this section.
  2900    13.  A local health care provider or nonprofit health care
  2910 organization seeking grant moneys administered by the Iowa
  2920 department of public health shall provide documentation that
  2930 the provider or organization has coordinated its services with
  2940 other local entities providing similar services.
  2950    14.  a.  The department shall apply for available federal
  2960 funds for sexual abstinence education programs.
  2970    b.  It is the intent of the general assembly to comply with
  2980 the United States Congress' intent to provide education that
  2990 promotes abstinence from sexual activity outside of marriage
  3000 and reduces pregnancies, by focusing efforts on those persons
  3010 most likely to father and bear children out of wedlock.
  3020    c.  Any sexual abstinence education program awarded moneys
  3030 under the grant program shall meet the definition of
  3040 abstinence education in the federal law.  Grantees shall be
  3050 evaluated based upon the extent to which the abstinence
  3060 program successfully communicates the goals set forth in the
  3070 federal law.
  3080    Sec. 3.  GAMBLING TREATMENT FUND – APPROPRIATION.
  3090    1.  There is appropriated from funds available in the
  3100 gambling treatment fund established in the office of the
  3110 treasurer of state pursuant to section 99E.10 to the Iowa
  3120 department of public health for the fiscal year beginning July
  3130 1, 2003, and ending June 30, 2004, the following amount, or so
  3140 much thereof as is necessary, to be used for the purpose
  3150 designated:
  3160    a.  Addictive disorders
  3170    To be utilized for the benefit of persons with addictions:  
  3190 .................................................. $  1,690,000
  3210    b.  It is the intent of the general assembly that from the
  3220 moneys appropriated in this section, persons with a dual
  3230 diagnosis of substance abuse and gambling addictions shall be
  3240 given priority in treatment services.
  3250    c.  Gambling treatment program
  3260    The funds remaining in the gambling treatment fund after
  3270 the appropriation in paragraph "a" is made shall be used for
  3280 funding of administrative costs and to provide programs which
  3290 may include, but are not limited to, outpatient and follow-up
  3300 treatment for persons affected by problem gambling,
  3310 rehabilitation and residential treatment programs, information
  3320 and referral services, education and preventive services, and
  3330 financial management services.
  3340    2.  For the fiscal year beginning July 1, 2003, and ending
  3350 June 30, 2004, from the tax revenue received by the state
  3360 racing and gaming commission pursuant to section 99D.15,
  3370 subsections 1, 3, and 4, an amount equal to three-tenths of
  3380 one percent of the gross sum wagered by the pari-mutuel method
  3390 is to be deposited into the gambling treatment fund.
  3400    Sec. 4.  VITAL RECORDS.  The vital records modernization
  3410 project as enacted in 1993 Iowa Acts, chapter 55, section 1,
  3420 as amended by 1994 Iowa Acts, chapter 1068, section 8, as
  3430 amended by 1997 Iowa Acts, chapter 203, section 9, 1998 Iowa
  3440 Acts, chapter 1221, section 9, and 1999 Iowa Acts, chapter
  3450 201, section 17, and as continued by 2000 Iowa Acts, chapter
  3460 1222, section 10, 2001 Iowa Acts, chapter 182, section 13, and
  3470 2002 Iowa Acts, Second Extraordinary Session, chapter 1003,
  3480 section 104, shall be extended until June 30, 2004, and the
  3490 increased fees to be collected pursuant to that project shall
  3500 continue to be collected and are appropriated to the Iowa
  3510 department of public health until June 30, 2004.
  3520    Sec. 5.  SCOPE OF PRACTICE REVIEW PROJECT.  The scope of
  3530 practice review committee pilot project as enacted in 1997
  3540 Iowa Acts, chapter 203, section 6, and as continued by 2002
  3550 Iowa Acts, Second Extraordinary Session, chapter 1003, section
  3560 107, shall be extended until June 30, 2004.  The Iowa
  3570 department of public health shall submit an annual progress
  3580 report to the governor and the general assembly by January 15
  3590 and shall include any recommendations for legislative action
  3600 as a result of review committee activities.  The department
  3610 may contract with a school or college of public health in Iowa
  3620 to assist in implementing the project.
  3630    Sec. 6.  HEALTH CARE ACCESS PARTNERSHIP PILOT PROJECT.
  3640    1.  The director of public health shall establish a health
  3650 care access partnership pilot project in a county with a
  3660 population of more than 250,000 for a two-year period.  The
  3670 director shall adopt rules as necessary to establish and
  3680 administer the pilot project.  In adopting rules, the director
  3690 shall consult with persons and agencies who may be involved
  3700 with a health care access partnership and with the department
  3710 of human services.
  3720    2.  The purpose of the health care access partnership pilot
  3730 project is to implement systems of health care services for
  3740 low-income persons or persons without health insurance
  3750 coverage, and others, by enhancing collaboration between
  3760 persons and agencies providing charity care or services under
  3770 the medical assistance program.
  3780    3.  The elements of the partnership pilot project shall
  3790 include but are not limited to all of the following:
  3800    a.  A person participating in the partnership may be a
  3810 public, private, for-profit, or nonprofit entity.
  3820    b.  Participation provisions shall be outlined in a written
  3830 agreement between those participating.  If authorized under
  3840 chapter 28E, a chapter 28E agreement may be utilized for all
  3850 or a portion of the participant provisions.
  3860    c.  If a participant in the partnership is a medical
  3870 assistance program provider, the participant must be a medical
  3880 assistance program provider in good standing and must accept
  3890 medical assistance reimbursement as full payment for any
  3900 service provided.  Unless expressly prohibited by the federal
  3910 government, a medical assistance program provider offering
  3920 services in the area served by the partnership shall be
  3930 required to participate in the partnership as a condition of
  3940 participation in the medical assistance program.
  3950    d.  Participants shall be authorized to share confidential
  3960 information if the sharing is in the best interests of a
  3970 client and the client has provided written authorization for
  3980 the information sharing.  If it is determined that the optimal
  3990 approach for the information sharing is for the participants
  4000 to establish a multidisciplinary community services team under
  4010 section 331.909, notwithstanding section 331.909, subsection
  4020 4, the participants may disclose information other than oral
  4030 information with one another.
  4040    e.  A referral process among the participants shall be
  4050 established.
  4060    f.  The geographic area to be served by those participating
  4070 in the agreement shall be identified in the agreement and may
  4080 encompass the entire county.
  4090    g.  Provision shall be made for receipt and expenditure of
  4100 funding for the joint purposes of those participating or for
  4110 clients of those participating and for receiving and expending
  4120 funding received from foundations, grants, or other revenue
  4130 sources.
  4140    h.  Provision to allow the partnership to form any
  4150 governance structure that is appropriate to the purposes of
  4160 the partnership and that meets all federal or state statutory
  4170 requirements for the specific elements of the partnership's
  4180 charter.
  4190    4.  If administrative rules are necessary to implement the
  4200 provisions of this section, the initial rules shall be adopted
  4210 on or before September 1, 2003.  The director of public health
  4220 may adopt the initial rules as emergency rules under section
  4230 17A.4, subsection 2, and section 17A.5, subsection 2,
  4240 paragraph "b", and the rules shall be effective immediately
  4250 upon filing unless the effective date is delayed by the
  4260 administrative rules review committee, notwithstanding section
  4270 17A.4, subsection 5, and section 17A.8, subsection 9, or a
  4280 later date is specified in the rules.  Any rules adopted in
  4290 accordance with this subsection shall not take effect before
  4300 the administrative rules review committee reviews the rules.
  4310 Any rules adopted in accordance with this subsection shall
  4320 also be published as a notice of intended action as provided
  4330 in section 17A.4.  
  4350                          DIVISION III
  4360                         HUMAN SERVICES
  4380    Sec. 7.  TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
  4390 GRANT.  There is appropriated from the fund created in section
  4400 8.41 to the department of human services for the fiscal year
  4410 beginning July 1, 2003, and ending June 30, 2004, from moneys
  4420 received under the federal temporary assistance for needy
  4430 families block grant pursuant to the federal Personal
  4440 Responsibility and Work Opportunity Reconciliation Act of
  4450 1996, Pub. L. No. 104-193 and successor legislation, which are
  4460 federally appropriated for the federal fiscal years beginning
  4470 October 1, 2002, and ending September 30, 2003, and beginning
  4480 October 1, 2003, and ending September 30, 2004, the following
  4490 amounts, or so much thereof as is necessary, to be used for
  4500 the purposes designated:
  4510    If the federal government appropriation received for Iowa's
  4520 portion of the federal temporary assistance for needy families
  4530 block grant amounts for the federal fiscal years beginning
  4540 October 1, 2002, and ending September 30, 2003, and beginning
  4550 October 1, 2003, and ending September 30, 2004, are less than
  4560 $131,524,959, it is the intent of the general assembly to act
  4570 expeditiously during the 2004 legislative session to adjust
  4580 appropriations or take other actions to address the reduced
  4590 amount.  Moneys appropriated in this section shall be used in
  4600 accordance with the federal law making the funds available,
  4610 applicable Iowa law, appropriations made from the general fund
  4620 of the state in this Act for the purpose designated, and
  4630 administrative rules adopted to implement the federal and Iowa
  4640 law:
  4650    1.  To be credited to the family investment program account
  4660 and used for assistance under the family investment program
  4670 under chapter 239B:  
  4690 .................................................. $ 51,492,790
  4710    2.  To be credited to the family investment program account
  4720 and used for the job opportunities and basic skills (JOBS)
  4730 program, and implementing family investment agreements, in
  4740 accordance with chapter 239B:  
  4760 .................................................. $ 13,412,794
  4780    3.  For field operations:  
  4800 .................................................. $ 14,152,174
  4820    4.  For general administration:  
  4840 .................................................. $  3,238,614
  4860    5.  For local administrative costs:  
  4880 .................................................. $  2,122,982
  4900    6.  For state child care assistance:  
  4920 .................................................. $ 21,145,765
  4940    a.  Of the funds appropriated in this subsection, $200,000
  4950 shall be used for provision of educational opportunities to
  4960 registered child care home providers in order to improve
  4970 services and programs offered by this category of providers
  4980 and to increase the number of providers.  The department may
  4990 contract with institutions of higher education or child care
  5000 resource and referral centers to provide the educational
  5010 opportunities.  Allowable administrative costs under the
  5020 contracts shall not exceed 5 percent.  The application for a
  5030 grant shall not exceed two pages in length.
  5040    b.  Of the funds appropriated in this subsection, the
  5050 maximum amount allowed under Pub. L. No. 104-193 and successor
  5060 legislation shall be transferred to the child care and
  5070 development block grant appropriation.  Funds appropriated in
  5080 this subsection that remain following the transfer shall be
  5090 used to provide direct spending for the child care needs of
  5100 working parents in families eligible for the family investment
  5110 program.
  5120    7.  For the parental involvement program established in
  5130 section 217A.1, if enacted by this Act:  
  5150 .................................................. $     35,000
  5170    8.  For mental health and developmental disabilities
  5180 community services:  
  5200 .................................................. $  4,349,266
  5220    9.  For child and family services:  
  5240 .................................................. $ 25,256,571
  5260    10.  For child abuse prevention grants:  
  5280 .................................................. $    250,000
  5300    11.  For pregnancy prevention grants on the condition that
  5310 family planning services are funded:  
  5330 .................................................. $  2,514,413
  5350    a.  Pregnancy prevention grants shall be awarded to
  5360 programs in existence on or before July 1, 2003, if the
  5370 programs are comprehensive in scope and have demonstrated
  5380 positive outcomes.  Grants shall be awarded to pregnancy
  5390 prevention programs which are developed after July 1, 2003, if
  5400 the programs are comprehensive in scope and are based on
  5410 existing models that have demonstrated positive outcomes.
  5420 Grants shall comply with the requirements provided in 1997
  5430 Iowa Acts, chapter 208, section 14, subsections 1 and 2,
  5440 including the requirement that grant programs must emphasize
  5450 sexual abstinence.  Priority in the awarding of grants shall
  5460 be given to programs that serve areas of the state which
  5470 demonstrate the highest percentage of unplanned pregnancies of
  5480 females age 13 or older but younger than age 18 within the
  5490 geographic area to be served by the grant.
  5500    b.  In addition to the full-time equivalent positions
  5510 funded in this Act, the department may use a portion of the
  5520 funds appropriated in this subsection to employ an employee in
  5530 up to 1.00 FTE for the administration of programs specified in
  5540 this subsection.
  5550    12.  For technology needs and other resources necessary to
  5560 meet federal welfare reform reporting, tracking, and case
  5570 management requirements:  
  5590 .................................................. $  1,037,186
  5610    13.  For volunteers:  
  5630 .................................................. $     42,663
  5650    14.  For the healthy opportunities for parents to
  5660 experience success (HOPES) program administered by the Iowa
  5670 department of public health to target child abuse prevention:  
  5690 .................................................. $    200,000
  5710    15.  To be credited to the Iowa marriage initiative grant
  5720 fund created in section 234.45:  
  5740 .................................................. $     85,000
  5760    a.  Moneys credited to the Iowa marriage initiative grant
  5770 fund under this subsection are appropriated to the department
  5780 for the fiscal year beginning July 1, 2003, and ending June
  5790 30, 2004, to be used in accordance with this section.
  5800    b.  The department shall establish an Iowa fatherhood and
  5810 family initiative grant program utilizing funds credited to
  5820 the Iowa marriage initiative grant fund created in section
  5830 234.45 to fund services to support fatherhood and to encourage
  5840 the formation and maintenance of two-parent families that are
  5850 secure and nurturing.  The department of human services shall
  5860 adopt rules pursuant to chapter 17A to administer the grant
  5870 fund and to establish procedures for awarding of grants.
  5880    c.  The program shall require that a grantee be a nonprofit
  5890 organization incorporated in this state with demonstrated
  5900 successful experience in facilitating fatherhood promotion
  5910 activities, marriage and family promotion activities, in using
  5920 media resources to promote fatherhood and marriage and family
  5930 formation, in making presentations to service or faith-based
  5940 organizations, and in raising private funding for activities
  5950 that support fatherhood, marriage, and families.
  5960    d.  Preference in awarding grants may be given to those
  5970 nonprofit organizations working with faith-based groups and
  5980 those groups targeting young fathers.
  5990    e.  The program activities funded by a grant shall include
  6000 but are not limited to all of the following:
  6010    (1)  Working with individuals who have a demonstrated
  6020 ability in working with at-risk fathers or working with those
  6030 who may solemnize marriages pursuant to section 598.10 to
  6040 utilize premarital diagnostic tools, to implement marriage
  6050 agreements developed by the individuals who may solemnize
  6060 marriages pursuant to section 595.10 that provide for an
  6070 appropriate engagement period and premarital and postmarital
  6080 counseling, and to use volunteer mentors in program
  6090 activities.
  6100    (2)  Provision of a series of meetings sharing best
  6110 practices that encourage young fathers to fulfill their
  6120 responsibilities to the expectant mother of the child during
  6130 the pregnancy, and to the mother of the child following the
  6140 birth of the child, that promote happy and healthy marriages,
  6150 and that offer counseling to determine the father's level of
  6160 commitment to the child and the child's mother.
  6170    f.  The program activities funded by a grant shall be
  6180 privately funded at no less than fifty percent of the grant
  6190 amount.
  6200    g.  Grants shall be awarded in a manner that results in
  6210 provision of services throughout the state in an equal number
  6220 of urban and rural geographic areas.
  6230    h.  The department shall implement the grant program so
  6240 that the initial request for proposals is issued on or before
  6250 October 1, 2003, and so that any grants are awarded on or
  6260 before January 1, 2004.
  6270    i.  A grantee shall submit a quarterly financial report to
  6280 the department and to the legislative fiscal bureau and shall
  6290 be subject to an annual independent evaluation to assess
  6300 accomplishment of the purposes of the program.
  6310    j.  The department shall provide a copy of the request for
  6320 proposals and shall submit a report concerning the proposals
  6330 received and grants awarded to those persons designated by
  6340 this division of this Act to receive reports.
  6350    k.  The department may adopt emergency rules to implement
  6360 the provisions of this subsection.
  6370    16.  To be credited to the state child care assistance
  6380 appropriation made in this section to be used for funding of
  6390 community-based early childhood programs targeted to children
  6400 from birth through five years of age, developed by community
  6410 empowerment areas as provided in this subsection:  
  6430 .................................................. $  7,350,000
  6450    a.  The department may transfer federal temporary
  6460 assistance for needy families block grant funding appropriated
  6470 and allocated in this subsection to the child care and
  6480 development block grant appropriation in accordance with
  6490 federal law as necessary to comply with the provisions of this
  6500 subsection.  The funding shall then be provided to community
  6510 empowerment areas for the fiscal year beginning July 1, 2003,
  6520 in accordance with all of the following:
  6530    (1)  The area must be approved as a designated community
  6540 empowerment area by the Iowa empowerment board.
  6550    (2)  The maximum funding amount a community empowerment
  6560 area is eligible to receive shall be determined by applying
  6570 the area's percentage of the state's average monthly family
  6580 investment program population in the preceding fiscal year to
  6590 the total amount appropriated for fiscal year 2003-2004 from
  6600 the TANF block grant to fund community-based programs targeted
  6610 to children from birth through five years of age developed by
  6620 community empowerment areas.
  6630    (3)  A community empowerment area receiving funding shall
  6640 comply with any federal reporting requirements associated with
  6650 the use of that funding and other results and reporting
  6660 requirements established by the Iowa empowerment board.  The
  6670 department shall provide technical assistance in identifying
  6680 and meeting the federal requirements.
  6690    (4)  The availability of funding provided under this
  6700 subsection is subject to changes in federal requirements and
  6710 amendments to Iowa law.
  6720    b.  The moneys distributed in accordance with this
  6730 subsection shall be used by communities for the purposes of
  6740 enhancing quality child care capacity in support of parent
  6750 capability to obtain or retain employment.  The moneys shall
  6760 be used with a primary emphasis on low-income families and
  6770 children from birth to five years of age.  Moneys shall be
  6780 provided in a flexible manner to communities, and shall be
  6790 used to implement strategies identified by the communities to
  6800 achieve such purposes.  In addition to the full-time
  6810 equivalent positions funded in this division of this Act, 1.00
  6820 FTE position is authorized and the department may use funding
  6830 appropriated in this subsection for provision of technical
  6840 assistance and other support to communities developing and
  6850 implementing strategies with moneys distributed in accordance
  6860 with this subsection.
  6870    c.  Moneys that are subject to this subsection which are
  6880 not distributed to a community empowerment area or otherwise
  6890 remain unobligated or unexpended at the end of the fiscal year
  6900 shall revert to the fund created in section 8.41 to be
  6910 available for appropriation by the general assembly in a
  6920 subsequent fiscal year.
  6930    Of the amounts appropriated in this section, $11,612,112
  6940 for the fiscal year beginning July 1, 2003, shall be
  6950 transferred to the appropriation of the federal social
  6960 services block grant for that fiscal year.  If the federal
  6970 government revises requirements to reduce the amount that may
  6980 be transferred to the federal social services block grant, it
  6990 is the intent of the general assembly to act expeditiously
  7000 during the 2004 legislative session to adjust appropriations
  7010 or the transfer amount or take other actions to address the
  7020 reduced amount.
  7030    Eligible funding available under the federal temporary
  7040 assistance for needy families block grant that is not
  7050 appropriated or not otherwise expended shall be considered
  7060 reserved for economic downturns and welfare reform purposes
  7070 and is subject to further state appropriation to support
  7080 families in their movement toward self-sufficiency.
  7090    Federal funding received that is designated for activities
  7100 supporting marriage or two-parent families is appropriated to
  7110 the Iowa marriage initiative grant fund created in section
  7120 234.45.
  7130    Sec. 8.  FAMILY INVESTMENT PROGRAM ACCOUNT.
  7140    1.  Moneys credited to the family investment program (FIP)
  7150 account for the fiscal year beginning July 1, 2003, and ending
  7160 June 30, 2004, shall be used in accordance with the following
  7170 requirements:
  7180    a.  The department of human services shall provide
  7190 assistance in accordance with chapter 239B.
  7200    b.  The department shall continue the special needs program
  7210 under the family investment program.
  7220    c.  The department shall continue to comply with federal
  7230 welfare reform data requirements pursuant to the
  7240 appropriations made for that purpose.
  7250    d.  The department shall continue expansion of the
  7260 electronic benefit transfer program as necessary to comply
  7270 with federal food stamp benefit requirements.  The target date
  7280 for statewide implementation of the program is October 1,
  7290 2003.
  7300    2.  The department may use a portion of the moneys credited
  7310 to the family investment program account under this section,
  7320 as necessary for salaries, support, maintenance, and
  7330 miscellaneous purposes for not more than the following full-
  7340 time equivalent positions which are in addition to any other
  7350 full-time equivalent positions authorized by this Act:  
  7370 ............................................... FTEs       8.00
  7390    3.  The department may transfer funds in accordance with
  7400 section 8.39, either federal or state, to or from the child
  7410 care appropriations made for the fiscal year beginning July 1,
  7420 2003, if the department deems this would be a more effective
  7430 method of paying for JOBS program child care, to maximize
  7440 federal funding, or to meet federal maintenance of effort
  7450 requirements.
  7460    4.  Moneys appropriated in this Act and credited to the
  7470 family investment program account for the fiscal year
  7480 beginning July 1, 2003, and ending June 30, 2004, are
  7490 allocated as follows:
  7500    a.  For the family development and self-sufficiency grant
  7510 program as provided under section 217.12:  
  7530 .................................................. $  5,133,042
  7550    (1)  Of the funds allocated for the family development and
  7560 self-sufficiency grant program in this lettered paragraph, not
  7570 more than 5 percent of the funds shall be used for the
  7580 administration of the grant program.
  7590    (2)  Based upon the annual evaluation report concerning
  7600 each grantee funded by previously appropriated funds and
  7610 through the solicitation of additional grant proposals, the
  7620 family development and self-sufficiency council may use the
  7630 allocated funds to renew or expand existing grants or award
  7640 new grants.  In utilizing the funding allocated in this
  7650 lettered paragraph, the council shall give consideration, in
  7660 addition to other criteria established by the council, to a
  7670 grantee's intended use of local funds with a grant and to
  7680 whether approval of a grant proposal would expand the
  7690 availability of the program's services.
  7700    (3)  The department may continue to implement the family
  7710 development and self-sufficiency grant program statewide
  7720 during FY 2003-2004.
  7730    b.  For the diversion subaccount of the family investment
  7740 program account:  
  7760 .................................................. $  2,814,000
  7780    (1)  Moneys allocated to the diversion subaccount shall be
  7790 used to implement FIP diversion statewide while continuing the
  7800 local flexibility in program design.  A family that meets
  7810 income eligibility requirements for the family investment
  7820 program may receive a one-time payment to remedy an immediate
  7830 need in order to permit the family to maintain self-
  7840 sufficiency without providing ongoing cash assistance.  A FIP
  7850 participant family may receive diversion assistance to
  7860 overcome barriers to obtaining employment and to assist in
  7870 stabilizing employment in order to increase the likelihood of
  7880 the family leaving FIP more quickly.  The department shall
  7890 assess and screen individuals who would most likely benefit
  7900 from the assistance.  In addition to the full-time equivalent
  7910 positions authorized in this Act, 1.00 FTE is authorized for
  7920 purposes of diversion.  The department may adopt additional
  7930 eligibility criteria as necessary for compliance with federal
  7940 law and for screening those families who would be most likely
  7950 to become eligible for FIP if diversion incentives would not
  7960 be provided.
  7970    (2)  A portion of the moneys allocated for the subaccount
  7980 may be used for field operations salaries, data management
  7990 system development, and implementation costs and support
  8000 deemed necessary by the director of human services in order to
  8010 administer the FIP diversion program.
  8020    (3)  Of the funds allocated in this lettered paragraph, not
  8030 more than $250,000 shall be used to develop or continue
  8040 community-level parental obligation pilot projects.  The
  8050 requirements established under 2001 Iowa Acts, chapter 191,
  8060 section 3, subsection 5, paragraph "c", subparagraph (3),
  8070 shall remain applicable to the parental obligation pilot
  8080 projects for fiscal year 2003-2004.
  8090    c.  For the food stamp employment and training program:  
  8110 .................................................. $     63,000
  8130    5.  Of the child support collections assigned under the
  8140 family investment program, an amount equal to the federal
  8150 share of support collections shall be credited to the child
  8160 support recovery appropriation.  Of the remainder of the
  8170 assigned child support collections received by the child
  8180 support recovery unit, a portion shall be credited to the
  8190 family investment program account and a portion may be used to
  8200 increase recoveries.
  8210    6.  For the fiscal year beginning July 1, 2003, the
  8220 department shall continue the process for the state to receive
  8230 refunds of utility and rent deposits, including any accrued
  8240 interest, for emergency assistance program recipients which
  8250 were paid by persons other than the state.  The department
  8260 shall also receive refunds, including any accrued interest, of
  8270 assistance paid with funding available under this program.
  8280 The refunds received by the department shall be credited to
  8290 the family investment program (FIP) account to offset FIP cash
  8300 grants expended in the same year.  Notwithstanding section
  8310 8.33, moneys received by the department under this subsection
  8320 which remain after the emergency assistance program is
  8330 terminated and state or federal moneys in the emergency
  8340 assistance account which remain unobligated or unexpended at
  8350 the close of the fiscal year beginning July 1, 2003, shall not
  8360 revert to any other fund but shall be credited to the family
  8370 investment program account.
  8380    7.  The department may adopt emergency administrative rules
  8390 for the family investment, food stamp, and medical assistance
  8400 programs, if necessary, to comply with federal requirements.
  8410    8.  The department may continue the initiative to
  8420 streamline and simplify the employer verification process for
  8430 applicants, participants, and employers in the administration
  8440 of the department's programs.  The department may contract
  8450 with companies collecting data from employers when the
  8460 information is needed in the administration of these programs.
  8470 The department may limit the availability of the initiative on
  8480 the basis of geographic area or number of individuals.
  8490    Sec. 9.  FAMILY INVESTMENT PROGRAM GENERAL FUND.  There is
  8500 appropriated from the general fund of the state to the
  8510 department of human services for the fiscal year beginning
  8520 July 1, 2003, and ending June 30, 2004, the following amount,
  8530 or so much thereof as is necessary, to be used for the purpose
  8540 designated:
  8550    To be credited to the family investment program account and
  8560 used for family investment program assistance under chapter
  8570 239B:  
  8590 .................................................. $ 36,187,879
  8610    1.  The department of workforce development, in
  8620 consultation with the department of human services, shall
  8630 continue to utilize recruitment and employment practices to
  8640 include former and current family investment program
  8650 recipients.
  8660    2.  The department of human services shall continue to work
  8670 with the department of workforce development and local
  8680 community collaborative efforts to provide support services
  8690 for family investment program participants.  The support
  8700 services shall be directed to those participant families who
  8710 would benefit from the support services and are likely to have
  8720 success in achieving economic independence.
  8730    3.  Of the funds appropriated in this section, $9,274,143
  8740 is allocated for the JOBS program.
  8750    4.  The department shall continue to work with religious
  8760 organizations and other charitable institutions to increase
  8770 the availability of host homes, referred to as second chance
  8780 homes or other living arrangements under the federal Personal
  8790 Responsibility and Work Opportunity Reconciliation Act of
  8800 1996, Pub. L. No. 104-193, } 103.  The purpose of the homes or
  8810 arrangements is to provide a supportive and supervised living
  8820 arrangement for minor parents receiving assistance under the
  8830 family investment program who, under chapter 239B, may receive
  8840 assistance while living in an alternative setting other than
  8850 with their parent or legal guardian.
  8860    Sec. 10.  CHILD SUPPORT RECOVERY.  There is appropriated
  8870 from the general fund of the state to the department of human
  8880 services for the fiscal year beginning July 1, 2003, and
  8890 ending June 30, 2004, the following amount, or so much thereof
  8900 as is necessary, to be used for the purposes designated:
  8910    For child support recovery, including salaries, support,
  8920 maintenance, and miscellaneous purposes and for not more than
  8930 the following full-time equivalent positions:  
  8950 .................................................. $  5,482,793
  8960 ............................................... FTEs     405.00
  8980    1.  The director of human services, within the limitations
  8990 of the moneys appropriated in this section, or moneys
  9000 transferred from the family investment program account for
  9010 this purpose, shall establish new positions and add employees
  9020 to the child support recovery unit if the director determines
  9030 that both the current and additional employees together can
  9040 reasonably be expected to maintain or increase net state
  9050 revenue at or beyond the budgeted level.
  9060    2.  Nonpublic assistance application fees and other user
  9070 fees received by the child support recovery unit are
  9080 appropriated and shall be used for the purposes of the child
  9090 support recovery program.  The director of human services may
  9100 add positions within the limitations of the amount
  9110 appropriated for salaries and support for the positions.
  9120    3.  The director of human services, in consultation with
  9130 the department of management and the legislative fiscal
  9140 committee, is authorized to receive and deposit state child
  9150 support incentive earnings in the manner specified under
  9160 applicable federal requirements.
  9170    4.  a.  The director of human services may establish new
  9180 positions and add state employees to the child support
  9190 recovery unit or contract for delivery of services if the
  9200 director determines the employees are necessary to replace
  9210 county-funded positions eliminated due to termination,
  9220 reduction, or nonrenewal of a chapter 28E contract.  However,
  9230 the director must also determine that the resulting increase
  9240 in the state share of child support recovery incentives
  9250 exceeds the cost of the positions or contract, the positions
  9260 or contract are necessary to ensure continued federal funding
  9270 of the program, or the new positions or contract can
  9280 reasonably be expected to recover at least twice the amount of
  9290 money necessary to pay the salaries and support for the new
  9300 positions or the contract will generate at least 200 percent
  9310 of the cost of the contract.
  9320    b.  Employees in full-time positions that transition from
  9330 county government to state government employment under this
  9340 subsection are exempt from testing, selection, and appointment
  9350 provisions of chapter 19A and from the provisions of
  9360 collective bargaining agreements relating to the filling of
  9370 vacant positions.
  9380    5.  Surcharges paid by obligors and received by the unit as
  9390 a result of the referral of support delinquency by the child
  9400 support recovery unit to any private collection agency are
  9410 appropriated to the department and shall be used to pay the
  9420 costs of any contracts with the collection agencies.
  9430    6.  The department shall expend up to $31,000, including
  9440 federal financial participation, for the fiscal year beginning
  9450 July 1, 2003, for a child support public awareness campaign.
  9460 The department and the office of the attorney general shall
  9470 cooperate in continuation of the campaign.  The public
  9480 awareness campaign shall emphasize, through a variety of media
  9490 activities, the importance of maximum involvement of both
  9500 parents in the lives of their children as well as the
  9510 importance of payment of child support obligations.
  9520    7.  Federal access and visitation grant moneys shall be
  9530 issued directly to private not-for-profit agencies that
  9540 provide services designed to increase compliance with the
  9550 child access provisions of court orders, including but not
  9560 limited to neutral visitation site and mediation services.
  9570    Sec. 11.  MEDICAL ASSISTANCE.  There is appropriated from
  9580 the general fund of the state to the department of human
  9590 services for the fiscal year beginning July 1, 2003, and
  9600 ending June 30, 2004, the following amount, or so much thereof
  9610 as is necessary, to be used for the purpose designated:
  9620    For medical assistance reimbursement and associated costs
  9630 as specifically provided in the reimbursement methodologies in
  9640 effect on June 30, 2003, except as otherwise expressly
  9650 authorized by law, including reimbursement for abortion
  9660 services, which shall be available under the medical
  9670 assistance program only for those abortions which are
  9680 medically necessary:  
  9700 .................................................. $357,486,073
  9720    1.  Medically necessary abortions are those performed under
  9730 any of the following conditions:
  9740    a.  The attending physician certifies that continuing the
  9750 pregnancy would endanger the life of the pregnant woman.
  9760    b.  The attending physician certifies that the fetus is
  9770 physically deformed, mentally deficient, or afflicted with a
  9780 congenital illness.
  9790    c.  The pregnancy is the result of a rape which is reported
  9800 within 45 days of the incident to a law enforcement agency or
  9810 public or private health agency which may include a family
  9820 physician.
  9830    d.  The pregnancy is the result of incest which is reported
  9840 within 150 days of the incident to a law enforcement agency or
  9850 public or private health agency which may include a family
  9860 physician.
  9870    e.  Any spontaneous abortion, commonly known as a
  9880 miscarriage, if not all of the products of conception are
  9890 expelled.
  9900    2.  Notwithstanding section 8.39, the department may
  9910 transfer funds appropriated in this section to a separate
  9920 account established in the department's case management unit
  9930 for expenditures required to provide case management services
  9940 for mental health, mental retardation, and developmental
  9950 disabilities services under medical assistance which are
  9960 jointly funded by the state and county, pending final
  9970 settlement of the expenditures.  Funds received by the case
  9980 management unit in settlement of the expenditures shall be
  9990 used to replace the transferred funds and are available for
 10000 the purposes for which the funds were appropriated in this
 10010 section.
 10020    3.  a.  The county of legal settlement shall be billed for
 10030 50 percent of the nonfederal share of the cost of case
 10040 management provided for adults, day treatment, and partial
 10050 hospitalization in accordance with sections 249A.26 and
 10060 249A.27, and 100 percent of the nonfederal share of the cost
 10070 of care for adults which is reimbursed under a federally
 10080 approved home and community-based waiver that would otherwise
 10090 be approved for provision in an intermediate care facility for
 10100 persons with mental retardation, provided under the medical
 10110 assistance program.  The state shall have responsibility for
 10120 the remaining 50 percent of the nonfederal share of the cost
 10130 of case management provided for adults, day treatment, and
 10140 partial hospitalization.  For persons without a county of
 10150 legal settlement, the state shall have responsibility for 100
 10160 percent of the nonfederal share of the costs of case
 10170 management provided for adults, day treatment, partial
 10180 hospitalization, and the home and community-based waiver
 10190 services.  The case management services specified in this
 10200 subsection shall be billed to a county only if the services
 10210 are provided outside of a managed care contract.
 10220    b.  The state shall pay the entire nonfederal share of the
 10230 costs for case management services provided to persons 17
 10240 years of age and younger who are served in a medical
 10250 assistance home and community-based waiver program for persons
 10260 with mental retardation.
 10270    c.  Medical assistance funding for case management services
 10280 for eligible persons 17 years of age and younger shall also be
 10290 provided to persons residing in counties with child welfare
 10300 decategorization projects implemented in accordance with
 10310 section 232.188, provided these projects have included these
 10320 persons in their service plan and the decategorization project
 10330 county is willing to provide the nonfederal share of costs.
 10340    d.  When paying the necessary and legal expenses of
 10350 intermediate care facilities for persons with mental
 10360 retardation (ICFMR), the cost payment requirements of section
 10370 222.60 shall be considered fulfilled when payment is made in
 10380 accordance with the medical assistance payment rates
 10390 established for ICFMRs by the department and the state or a
 10400 county of legal settlement is not obligated for any amount in
 10410 excess of the rates.
 10420    e.  Unless a county has paid or is paying for the
 10430 nonfederal share of the cost of a person's home and community-
 10440 based waiver services or ICFMR placement under the county's
 10450 mental health, mental retardation, and developmental
 10460 disabilities services fund, or unless a county of legal
 10470 settlement would become liable for the costs of services at
 10480 the ICFMR level of care for a person due to the person
 10490 reaching the age of majority, the state shall pay the
 10500 nonfederal share of the costs of an eligible person's services
 10510 under the home and community-based waiver for persons with
 10520 brain injury.
 10530    4.  The department shall utilize not more than $60,000 of
 10540 the funds appropriated in this section to continue the
 10550 AIDS/HIV health insurance premium payment program as
 10560 established in 1992 Iowa Acts, Second Extraordinary Session,
 10570 chapter 1001, section 409, subsection 6.  Of the funds
 10580 allocated in this subsection, not more than $5,000 may be
 10590 expended for administrative purposes.
 10600    5.  Of the funds appropriated to the Iowa department of
 10610 public health for substance abuse grants, $950,000 for the
 10620 fiscal year beginning July 1, 2003, shall be transferred to
 10630 the department of human services for an integrated substance
 10640 abuse managed care system.
 10650    6.  In administering the medical assistance home and
 10660 community-based waivers, the total number of openings at any
 10670 one time shall be limited to the number approved for a waiver
 10680 by the secretary of the United States department of health and
 10690 human services.  The openings shall be available on a first-
 10700 come, first-served basis.
 10710    7.  The department of human services, in consultation with
 10720 the Iowa department of public health and the department of
 10730 education, shall continue the program to utilize the early and
 10740 periodic screening, diagnosis, and treatment (EPSDT) funding
 10750 under medical assistance, to the extent possible, to implement
 10760 the screening component of the EPSDT program through the
 10770 school system.  The department may enter into contracts to
 10780 utilize maternal and child health centers, the public health
 10790 nursing program, or school nurses in implementing this
 10800 provision.
 10810    8.  The department shall continue working with county
 10820 representatives in aggressively implementing the
 10830 rehabilitation option for services to persons with chronic
 10840 mental illness under the medical assistance program, and
 10850 county funding shall be used to provide the match for the
 10860 federal funding, except for individuals with state case
 10870 status, for whom state funding shall provide the match.
 10880    9.  If the federal centers for Medicare and Medicaid
 10890 services approves a waiver request from the department, the
 10900 department shall provide a period of 24 months of guaranteed
 10910 eligibility for medical assistance family planning services,
 10920 regardless of the change in circumstances of a woman who was a
 10930 medical assistance recipient when a pregnancy ended.
 10940    10.  The department shall aggressively pursue options for
 10950 providing medical assistance or other assistance to
 10960 individuals with special needs who become ineligible to
 10970 continue receiving services under the early and periodic,
 10980 screening, diagnosis, and treatment program under the medical
 10990 assistance program due to becoming 21 years of age, who have
 11000 been approved for additional assistance through the
 11010 department's exception to policy provisions, but who have
 11020 health care needs in excess of the funding available through
 11030 the exception to policy process.
 11040    11.  The drug utilization review commission shall submit
 11050 copies of the board's annual review, including facts and
 11060 findings, of the drugs on the department's prior authorization
 11070 list to the department and to the members of the joint
 11080 appropriations subcommittee on health and human services.
 11090    12.  The department shall expend the anticipated savings
 11100 for operation of the state maximum allowable cost program for
 11110 pharmaceuticals as additional funding for the medical
 11120 assistance program.
 11130    13.  The department shall implement the elimination of
 11140 hospital crossover claims for dually eligible federal Medicare
 11150 and medical assistance program beneficiaries for hospitals
 11160 licensed under chapter 135B, only if approval of a medical
 11170 assistance state plan amendment is received from the centers
 11180 for Medicare and Medicaid services of the United States
 11190 department of health and human services that protects
 11200 hospitals from financial losses specifically due to the
 11210 hospital crossover claims process under the medical assistance
 11220 program or the Medicare cost reports.
 11230    Sec. 12.  HEALTH INSURANCE PREMIUM PAYMENT PROGRAM.  There
 11240 is appropriated from the general fund of the state to the
 11250 department of human services for the fiscal year beginning
 11260 July 1, 2003, and ending June 30, 2004, the following amount,
 11270 or so much thereof as is necessary, to be used for the purpose
 11280 designated:
 11290    For administration of the health insurance premium payment
 11300 program, including salaries, support, maintenance, and
 11310 miscellaneous purposes, and for not more than the following
 11320 full-time equivalent positions:  
 11340 .................................................. $    573,968
 11350 ............................................... FTEs      21.00
 11370    Sec. 13.  MEDICAL CONTRACTS.  There is appropriated from
 11380 the general fund of the state to the department of human
 11390 services for the fiscal year beginning July 1, 2003, and
 11400 ending June 30, 2004, the following amount, or so much thereof
 11410 as is necessary, to be used for the purpose designated:
 11420    For medical contracts:  
 11440 .................................................. $  8,990,035
 11460    1.  In any managed care contract for mental health or
 11470 substance abuse services entered into or extended by the
 11480 department on or after July 1, 2003, the request for proposals
 11490 shall provide for coverage of dual diagnosis mental health and
 11500 substance abuse treatment provided at the state mental health
 11510 institute at Mount Pleasant.  To the extent possible, the
 11520 department shall also amend any such contract existing on July
 11530 1, 2003, to provide for such coverage.
 11540    2.  The department may either continue or reprocure the
 11550 contract existing on June 30, 2003, with the department's
 11560 fiscal agent.
 11570    Sec. 14.  STATE SUPPLEMENTARY ASSISTANCE.  There is
 11580 appropriated from the general fund of the state to the
 11590 department of human services for the fiscal year beginning
 11600 July 1, 2003, and ending June 30, 2004, the following amount,
 11610 or so much thereof as is necessary, to be used for the
 11620 purposes designated:
 11630    For state supplementary assistance and the medical
 11640 assistance home and community-based services waiver rent
 11650 subsidy program:  
 11670 .................................................. $ 19,198,735
 11690    1.  The department shall increase the personal needs
 11700 allowance for residents of residential care facilities by the
 11710 same percentage and at the same time as federal supplemental
 11720 security income and federal social security benefits are
 11730 increased due to a recognized increase in the cost of living.
 11740 The department may adopt emergency rules to implement this
 11750 subsection.
 11760    2.  If during the fiscal year beginning July 1, 2003, the
 11770 department projects that state supplementary assistance
 11780 expenditures for a calendar year will not meet the federal
 11790 pass-along requirement specified in Title XVI of the federal
 11800 Social Security Act, section 1618, as codified in 42 U.S.C. }
 11810 1382g, the department may take actions including but not
 11820 limited to increasing the personal needs allowance for
 11830 residential care facility residents and making programmatic
 11840 adjustments or upward adjustments of the residential care
 11850 facility or in-home health-related care reimbursement rates
 11860 prescribed in this Act to ensure that federal requirements are
 11870 met.  In addition, the department may make other programmatic
 11880 and rate adjustments necessary to remain within the amount
 11890 appropriated in this section while ensuring compliance with
 11900 federal requirements.  The department may adopt emergency
 11910 rules to implement the provisions of this subsection.
 11920    Sec. 15.  CHILDREN'S HEALTH INSURANCE PROGRAM.  There is
 11930 appropriated from the general fund of the state to the
 11940 department of human services for the fiscal year beginning
 11950 July 1, 2003, and ending June 30, 2004, the following amount,
 11960 or so much thereof as is necessary, to be used for the purpose
 11970 designated:
 11980    For maintenance of the healthy and well kids in Iowa (hawk-
 11990 i) program pursuant to chapter 514I for receipt of federal
 12000 financial participation under Title XXI of the federal Social
 12010 Security Act, which creates the state children's health
 12020 insurance program:  
 12040 .................................................. $ 11,118,275
 12060    1.  The department may transfer funds appropriated in this
 12070 section to be used for the purpose of expanding health care
 12080 coverage to children under the medical assistance program.
 12090 The department shall provide periodic updates to the general
 12100 assembly of expenditures of funds appropriated in this
 12110 section.
 12120    2.  Moneys in the hawk-i trust fund are appropriated to the
 12130 department of human services and shall be used to offset any
 12140 program costs for the fiscal year beginning July 1, 2003, and
 12150 ending June 30, 2004.
 12160    Sec. 16.  CHILD CARE ASSISTANCE.  There is appropriated
 12170 from the general fund of the state to the department of human
 12180 services for the fiscal year beginning July 1, 2003, and
 12190 ending June 30, 2004, the following amount, or so much thereof
 12200 as is necessary, to be used for the purpose designated:
 12210    For child care programs:  
 12230 .................................................. $  5,050,752
 12250    1.  a.  Of the funds appropriated in this section,
 12260 $4,525,228 shall be used for state child care assistance in
 12270 accordance with section 237A.13.
 12280    b.  During the 2003-2004 fiscal year, the moneys deposited
 12290 in the child care credit fund created in section 237A.28 are
 12300 appropriated to the department to be used for state child care
 12310 assistance in accordance with section 237A.13, in addition to
 12320 the moneys allocated for that purpose in paragraph "a".
 12330    2.  Nothing in this section shall be construed or is
 12340 intended as, or shall imply, a grant of entitlement for
 12350 services to persons who are eligible for assistance due to an
 12360 income level consistent with the waiting list requirements of
 12370 section 237A.13.  Any state obligation to provide services
 12380 pursuant to this section is limited to the extent of the funds
 12390 appropriated in this section.
 12400    3.  Of the funds appropriated in this section, $525,524 is
 12410 allocated for the statewide program for child care resource
 12420 and referral services under section 237A.26.
 12430    4.  The department may use any of the funds appropriated in
 12440 this section as a match to obtain federal funds for use in
 12450 expanding child care assistance and related programs.  For the
 12460 purpose of expenditures of state and federal child care
 12470 funding, funds shall be considered obligated at the time
 12480 expenditures are projected or are allocated to the
 12490 department's service areas.  Projections shall be based on
 12500 current and projected caseload growth, current and projected
 12510 provider rates, staffing requirements for eligibility
 12520 determination and management of program requirements including
 12530 data systems management, staffing requirements for
 12540 administration of the program, contractual and grant
 12550 obligations and any transfers to other state agencies, and
 12560 obligations for decategorization or innovation projects.
 12570    5.  If the federal government appropriates additional
 12580 funding under the federal child care and development block
 12590 grant than was anticipated would be received for the state
 12600 fiscal year beginning July 1, 2003, in addition to the
 12610 notification requirements for expenditure requirements for
 12620 additional federal funds under 2002 Iowa Acts, chapter 1170,
 12630 the department shall consult with the chairpersons and ranking
 12640 members of the joint appropriations subcommittee on health and
 12650 human services at least thirty days in advance of committing
 12660 to expenditure of the additional funding.
 12670    6.  A portion of the state match for the federal child care
 12680 and development block grant shall be provided through the
 12690 state general fund appropriation for child development grants
 12700 and other programs for at-risk children in section 279.51.
 12710    7.  a.  The department shall develop consumer information
 12720 material to assist parents in selecting a child care provider.
 12730 In developing the material, the department shall consult with
 12740 department of human services staff, department of education
 12750 staff, the state child care advisory council, the Iowa
 12760 empowerment board, and child care resource and referral
 12770 services.  In addition, the department may consult with other
 12780 entities at the local, state, and national level.
 12790    b.  The consumer information material developed by the
 12800 department for parents and other consumers of child care
 12810 services shall include but is not limited to all of the
 12820 following:
 12830    (1)  A pamphlet or other printed material containing
 12840 consumer-oriented information on locating a quality child care
 12850 provider.
 12860    (2)  Information explaining important considerations a
 12870 consumer should take into account in selecting a licensed or
 12880 registered child care provider.
 12890    (3)  Information explaining how a consumer can identify
 12900 quality services, including what questions to ask of providers
 12910 and what a consumer might expect or demand to know before
 12920 selecting a provider.
 12930    (4)  An explanation of the applicable laws and regulations
 12940 written in layperson's terms.
 12950    (5)  An explanation of what it means for a provider to be
 12960 licensed, registered, or unregistered.
 12970    (6)  An explanation of the information considered in
 12980 registry and record background checks.
 12990    (7)  Other information deemed relevant to consumers.
 13000    c.  The department shall implement and publicize an
 13010 internet page or site that provides all of the following:
 13020    (1)  The written information developed pursuant to
 13030 paragraphs "a" and "b".
 13040    (2)  Regular informational updates, including when a child
 13050 care provider was last subject to a state quality review or
 13060 inspection and, based upon a final score or review, the
 13070 results indicating whether the provider passed or failed the
 13080 review or inspection.
 13090    (3)  Capability for a consumer to be able to access
 13100 information concerning child care providers, such as
 13110 informational updates, identification of provider location,
 13120 name, and capacity, and identification of providers
 13130 participating in the state child care assistance program and
 13140 those participating in the child care food program, by sorting
 13150 the information or employing other means that provide the
 13160 information in a manner that is useful to the consumer.
 13170 Information regarding provider location shall identify
 13180 providers located in the vicinity of an address selected by a
 13190 consumer and provide contact information without listing the
 13200 specific addresses of the providers.
 13210    (4)  Other information deemed appropriate by the
 13220 department.
 13230    8.  If the department receives additional funding from the
 13240 federal government designated for purposes of improving child
 13250 care quality, the funding shall be used for additional child
 13260 care consultant positions within the department's field
 13270 operations.
 13280    Sec. 17.  JUVENILE INSTITUTIONS.  There is appropriated
 13290 from the general fund of the state to the department of human
 13300 services for the fiscal year beginning July 1, 2003, and
 13310 ending June 30, 2004, the following amounts, or so much
 13320 thereof as is necessary, to be used for the purposes
 13330 designated:
 13340    1.  For operation of the Iowa juvenile home at Toledo and
 13350 for salaries, support, maintenance, and for not more than the
 13360 following full-time equivalent positions:  
 13380 .................................................. $  6,160,878
 13390 ............................................... FTEs     130.54
 13410    2.  For operation of the state training school at Eldora
 13420 and for salaries, support, maintenance, and for not more than
 13430 the following full-time equivalent positions:  
 13450 .................................................. $ 10,285,696
 13460 ............................................... FTEs     218.53
 13480    3.  During the fiscal year beginning July 1, 2003, the
 13490 population levels at the state juvenile institutions shall not
 13500 exceed the population guidelines established under 1990 Iowa
 13510 Acts, chapter 1239, section 21, as adjusted for subsequent
 13520 changes in capacity at the institutions.
 13530    4.  A portion of the moneys appropriated in this section
 13540 shall be used by the state training school and by the Iowa
 13550 juvenile home for grants for adolescent pregnancy prevention
 13560 activities at the institutions in the fiscal year beginning
 13570 July 1, 2003.
 13580    5.  Within the amounts appropriated in this section, the
 13590 department may transfer funds as necessary to best fulfill the
 13600 needs of the institutions provided for in the appropriation.
 13610    Sec. 18.  CHILD AND FAMILY SERVICES.
 13620    1.  There is appropriated from the general fund of the
 13630 state to the department of human services for the fiscal year
 13640 beginning July 1, 2003, and ending June 30, 2004, the
 13650 following amount, or so much thereof as is necessary, to be
 13660 used for the purpose designated:
 13670    For child and family services:  
 13690 .................................................. $107,091,253
 13710    2.  The department may transfer funds appropriated in this
 13720 section as necessary to pay the nonfederal costs of services
 13730 reimbursed under medical assistance or the family investment
 13740 program which are provided to children who would otherwise
 13750 receive services paid under the appropriation in this section.
 13760 The department may transfer funds appropriated in this section
 13770 to the appropriations in this Act for general administration
 13780 and for field operations for resources necessary to implement
 13790 and operate the services funded in this section.
 13800    3.  a.  Of the funds appropriated in this section, up to
 13810 $30,154,516 is allocated as the statewide expenditure target
 13820 under section 232.143 for group foster care maintenance and
 13830 services.
 13840    b.  If at any time after September 30, 2003, annualization
 13850 of a service area's current expenditures indicates a service
 13860 area is at risk of exceeding its group foster care expenditure
 13870 target under section 232.143 by more than 5 percent, the
 13880 department and juvenile court services shall examine all group
 13890 foster care placements in that service area in order to
 13900 identify those which might be appropriate for termination.  In
 13910 addition, any aftercare services believed to be needed for the
 13920 children whose placements may be terminated shall be
 13930 identified.  The department and juvenile court services shall
 13940 initiate action to set dispositional review hearings for the
 13950 placements identified.  In such a dispositional review
 13960 hearing, the juvenile court shall determine whether needed
 13970 aftercare services are available and whether termination of
 13980 the placement is in the best interest of the child and the
 13990 community.
 14000    c.  (1)  Of the funds appropriated in this section, not
 14010 more than $6,355,170 is allocated as the state match funding
 14020 for psychiatric medical institutions for children.
 14030    (2)  The department may transfer all or a portion of the
 14040 amount allocated in this lettered paragraph for psychiatric
 14050 medical institutions for children (PMICs) to the appropriation
 14060 in this Act for medical assistance.
 14070    d.  Of the funds allocated in this subsection, $1,419,988
 14080 is allocated as the state match funding for 50 highly
 14090 structured juvenile program beds.  If the number of beds
 14100 provided for in this lettered paragraph is not utilized, the
 14110 remaining funds allocated may be used for group foster care.
 14120    e.  For the fiscal year beginning July 1, 2003, the
 14130 requirements of section 232.143 applicable to the juvenile
 14140 court and to representatives of the juvenile court shall be
 14150 applicable instead to juvenile court services and to
 14160 representatives of juvenile court services.  The
 14170 representatives appointed by the department of human services
 14180 and by juvenile court services to establish the plan to
 14190 contain expenditures for children placed in group foster care
 14200 ordered by the court within the budget target allocated to the
 14210 service area shall establish the plan in a manner so as to
 14220 ensure the moneys allocated to the service area under section
 14230 232.143 shall last the entire fiscal year.  Funds for a child
 14240 placed in group foster care shall be considered encumbered for
 14250 the duration of the child's projected or actual length of
 14260 stay, whichever is applicable.
 14270    4.  Of the funds appropriated in this section, $3,000,000
 14280 is allocated specifically for expenditure through the
 14290 decategorization of child welfare funding pools and governance
 14300 boards established pursuant to section 232.188.
 14310 Notwithstanding section 8.33, moneys allocated in this
 14320 subsection that remain unencumbered or unobligated at the
 14330 close of the fiscal year shall not revert but shall remain
 14340 available for expenditure for the purposes designated until
 14350 the close of the succeeding fiscal year.
 14360    5.  Of the funds appropriated in this section, up to
 14370 $915,892 is allocated for additional funding of the family
 14380 preservation program.
 14390    6.  The department shall continue the goal that not more
 14400 than 15 percent of the children placed in foster care funded
 14410 under the federal Social Security Act, Title IV-E, may be
 14420 placed in foster care for a period of more than 24 months.
 14430    7.  In accordance with the provisions of section 232.188,
 14440 the department shall continue the program to decategorize
 14450 child welfare services funding in additional counties or
 14460 clusters of counties.
 14470    8.  A portion of the funding appropriated in this section
 14480 may be used for emergency family assistance to provide other
 14490 resources required for a family participating in a family
 14500 preservation or reunification project to stay together or to
 14510 be reunified.
 14520    9.  Notwithstanding section 234.35, subsection 1, for the
 14530 fiscal year beginning July 1, 2003, state funding for shelter
 14540 care paid pursuant to section 234.35, subsection 1, paragraph
 14550 "h", shall be limited to $6,922,509.
 14560    10.  The department shall continue to make adoption
 14570 presubsidy and adoption subsidy payments to adoptive parents
 14580 at the beginning of the month for the current month.
 14590    11.  Federal funds received by the state during the fiscal
 14600 year beginning July 1, 2003, as the result of the expenditure
 14610 of state funds appropriated during a previous state fiscal
 14620 year for a service or activity funded under this section, are
 14630 appropriated to the department to be used as additional
 14640 funding for services and purposes provided for under this
 14650 section.  Notwithstanding section 8.33, moneys received in
 14660 accordance with this subsection that remain unencumbered or
 14670 unobligated at the close of the fiscal year shall not revert
 14680 to any fund but shall remain available for the purposes
 14690 designated until the close of the succeeding fiscal year.
 14700    12.  The department and juvenile court services shall
 14710 continue to develop criteria for the department service area
 14720 administrator and chief juvenile court officer to grant
 14730 exceptions to extend eligibility, within the funds allocated,
 14740 for intensive tracking and supervision and for supervised
 14750 community treatment to delinquent youth beyond age 18 who are
 14760 subject to release from the state training school, a highly
 14770 structured juvenile program, or group foster care.
 14780    13.  Of the moneys appropriated in this section, not more
 14790 than $442,100 is allocated to provide clinical assessment
 14800 services as necessary to continue funding of children's
 14810 rehabilitation services under medical assistance in accordance
 14820 with federal law and requirements.  The funding allocated is
 14830 the amount projected to be necessary for providing the
 14840 clinical assessment services.
 14850    14.  Of the funding appropriated in this section,
 14860 $3,696,285 shall be used for protective child care assistance.
 14870    15.  Of the moneys appropriated in this section, up to
 14880 $2,859,851 is allocated for the payment of the expenses of
 14890 court-ordered services provided to juveniles which are a
 14900 charge upon the state pursuant to section 232.141, subsection
 14910 4.
 14920    a.  Notwithstanding section 232.141 or any other provision
 14930 of law to the contrary, the amount allocated in this
 14940 subsection shall be distributed to the judicial districts as
 14950 determined by the state court administrator.  The state court
 14960 administrator shall make the determination of the distribution
 14970 amounts on or before June 15, 2003.
 14980    b.  Notwithstanding chapter 232 or any other provision of
 14990 law to the contrary, a district or juvenile court shall not
 15000 order any service which is a charge upon the state pursuant to
 15010 section 232.141 if there are insufficient court-ordered
 15020 services funds available in the district court distribution
 15030 amount to pay for the service.  The chief juvenile court
 15040 officer shall encourage use of the funds allocated in this
 15050 subsection such that there are sufficient funds to pay for all
 15060 court-related services during the entire year.  The chief
 15070 juvenile court officers shall attempt to anticipate potential
 15080 surpluses and shortfalls in the distribution amounts and shall
 15090 cooperatively request the state court administrator to
 15100 transfer funds between the districts' distribution amounts as
 15110 prudent.
 15120    c.  Notwithstanding any provision of law to the contrary, a
 15130 district or juvenile court shall not order a county to pay for
 15140 any service provided to a juvenile pursuant to an order
 15150 entered under chapter 232 which is a charge upon the state
 15160 under section 232.141, subsection 4.
 15170    d.  Of the funding allocated in this subsection, not more
 15180 than $100,000 may be used by the judicial branch for
 15190 administration of the requirements under this subsection and
 15200 for travel associated with court-ordered placements which are
 15210 a charge upon the state pursuant to section 232.141,
 15220 subsection 4.
 15230    16.  a.  Of the funding appropriated in this section,
 15240 $3,062,193 is allocated to provide school-based supervision of
 15250 children adjudicated under chapter 232, including not more
 15260 than $1,431,597 from the allocation in this section for court-
 15270 ordered services.  Not more than $15,000 of the funding
 15280 allocated in this subsection may be used for the purpose of
 15290 training.
 15300    b.  A portion of the cost of each school-based liaison
 15310 officer shall be paid by the school district or other funding
 15320 source as approved by the chief juvenile court officer.
 15330    17.  The department shall maximize the capacity to draw
 15340 federal funding under Title IV-E of the federal Social
 15350 Security Act.
 15360    18.  Any unanticipated federal funding that is received
 15370 during the fiscal year due to improvements in the hours
 15380 counted by the judicial branch under the claiming process for
 15390 federal Title IV-E funding are appropriated to the department
 15400 to be used for additional or expanded services and support for
 15410 court-ordered services pursuant to section 232.141.
 15420 Notwithstanding section 8.33, moneys appropriated in this
 15430 subsection that remain unencumbered or unobligated at the
 15440 close of the fiscal year shall not revert but shall remain
 15450 available for expenditure for the purposes designated until
 15460 the close of the succeeding fiscal year.
 15470    19.  Notwithstanding section 234.39, subsection 5, and 2000
 15480 Iowa Acts, chapter 1228, section 43, the department may
 15490 operate a subsidized guardianship program if the United States
 15500 department of health and human services approves a waiver
 15510 under Title IV-E of the federal Social Security Act or the
 15520 federal Social Security Act is amended to allow Title IV-E
 15530 funding to be used for subsidized guardianship, and the
 15540 subsidized guardianship program can be operated without loss
 15550 of Title IV-E funds.
 15560    20.  It is the intent of the general assembly that the
 15570 department continue its practice of providing strong support
 15580 for Iowa's nationally recognized initiative of
 15590 decategorization of child welfare funding.
 15600    21.  The department shall develop a plan for privatizing
 15610 the administration of the foster care and adoption programs.
 15620 The plan shall be submitted to the governor and the general
 15630 assembly on or before December 15, 2003.
 15640    22.  Notwithstanding section 237.5A, a foster parent who is
 15650 unable to complete six hours of foster parent training prior
 15660 to annual licensure renewal because the foster parent is
 15670 engaged in active duty in the military service shall be
 15680 considered to be in compliance with the training requirement
 15690 for annual licensure renewal.
 15700    Sec. 19.  JUVENILE DETENTION HOME FUND.  Moneys deposited
 15710 in the juvenile detention home fund created in section 232.142
 15720 during the fiscal year beginning July 1, 2003, and ending June
 15730 30, 2004, are appropriated to the department of human services
 15740 for the fiscal year beginning July 1, 2003, and ending June
 15750 30, 2004, for distribution as follows:
 15760    1.  An amount equal to ten percent of the costs of the
 15770 establishment, improvement, operation, and maintenance of
 15780 county or multicounty juvenile detention homes in the fiscal
 15790 year beginning July 1, 2002.  Moneys appropriated for
 15800 distribution in accordance with this subsection shall be
 15810 allocated among eligible detention homes, prorated on the
 15820 basis of an eligible detention home's proportion of the costs
 15830 of all eligible detention homes in the fiscal year beginning
 15840 July 1, 2002.  Notwithstanding section 232.142, subsection 3,
 15850 the financial aid payable by the state under that provision
 15860 for the fiscal year beginning July 1, 2003, shall be limited
 15870 to the amount appropriated for the purposes of this
 15880 subsection.
 15890    2.  For renewal of a grant to a county with a population
 15900 between 189,000 and 196,000 for implementation of the county's
 15910 runaway treatment plan under section 232.195:  
 15930 .................................................. $     80,000
 15950    3.  For continuation and expansion of the community
 15960 partnership for child protection sites:  
 15980 .................................................. $    159,000
 16000    4.  For grants to counties implementing a runaway treatment
 16010 plan under section 232.195.
 16020    5.  The remainder for additional allocations to county or
 16030 multicounty juvenile detention homes, in accordance with the
 16040 distribution requirements of subsection 1.
 16050    Sec. 20.  FAMILY SUPPORT SUBSIDY PROGRAM.  There is
 16060 appropriated from the general fund of the state to the
 16070 department of human services for the fiscal year beginning
 16080 July 1, 2003, and ending June 30, 2004, the following amount,
 16090 or so much thereof as is necessary, to be used for the purpose
 16100 designated:
 16110    For the family support subsidy program:  
 16130 .................................................. $  1,936,434
 16150    1.  The department may use up to $333,312 of the moneys
 16160 appropriated in this section to continue the children-at-home
 16170 program in current counties, of which not more than $20,000
 16180 shall be used for administrative costs.
 16190    2.  Notwithstanding section 225C.38, subsection 1, the
 16200 monthly family support payment amount for the fiscal year
 16210 beginning July 1, 2003, shall remain the same as the payment
 16220 amount in effect on June 30, 2003.
 16230    Sec. 21.  CONNER DECREE.  There is appropriated from the
 16240 general fund of the state to the department of human services
 16250 for the fiscal year beginning July 1, 2003, and ending June
 16260 30, 2004, the following amount, or so much thereof as is
 16270 necessary, to be used for the purpose designated:
 16280    For building community capacity through the coordination
 16290 and provision of training opportunities in accordance with the
 16300 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D.
 16310 Iowa, July 14, 1994):  
 16330 .................................................. $     42,623
 16350    Sec. 22.  MENTAL HEALTH INSTITUTES.  There is appropriated
 16360 from the general fund of the state to the department of human
 16370 services for the fiscal year beginning July 1, 2003, and
 16380 ending June 30, 2004, the following amounts, or so much
 16390 thereof as is necessary, to be used for the purposes
 16400 designated:
 16410    1.  For the state mental health institute at Cherokee for
 16420 salaries, support, maintenance, and miscellaneous purposes and
 16430 for not more than the following full-time equivalent
 16440 positions:  
 16460 .................................................. $ 12,401,246
 16470 ............................................... FTEs     227.65
 16490    2.  For the state mental health institute at Clarinda for
 16500 salaries, support, maintenance, and miscellaneous purposes and
 16510 for not more than the following full-time equivalent
 16520 positions:  
 16540 .................................................. $  7,065,672
 16550 ............................................... FTEs     118.15
 16570    3.  For the state mental health institute at Independence
 16580 for salaries, support, maintenance, and miscellaneous purposes
 16590 and for not more than the following full-time equivalent
 16600 positions:  
 16620 .................................................. $ 16,912,302
 16630 ............................................... FTEs     317.80
 16650    The state mental health institute at Independence shall
 16660 continue the 30 psychiatric medical institution for children
 16670 (PMIC) beds authorized in section 135H.6, in a manner which
 16680 results in no net state expenditure amount in excess of the
 16690 amount appropriated in this subsection.  Counties are not
 16700 responsible for the costs of PMIC services described in this
 16710 subsection.  Subject to the approval of the department, with
 16720 the exception of revenues required under section 249A.11 to be
 16730 credited to the appropriation in this Act for medical
 16740 assistance, revenues attributable to the PMIC beds described
 16750 in this subsection for the fiscal year beginning July 1, 2003,
 16760 and ending June 30, 2004, shall be deposited in the
 16770 institute's account, including but not limited to any of the
 16780 following revenues:
 16790    a.  The federal share of medical assistance revenue
 16800 received under chapter 249A.
 16810    b.  Moneys received through client participation.
 16820    c.  Any other revenues directly attributable to the PMIC
 16830 beds.
 16840    4.  For the state mental health institute at Mount Pleasant
 16850 for salaries, support, maintenance, and miscellaneous purposes
 16860 and for not more than the following full-time equivalent
 16870 positions:  
 16890 .................................................. $  5,830,810
 16900 ............................................... FTEs     100.44
 16920    a.  Funding is provided in this subsection for the state
 16930 mental health institute at Mount Pleasant to continue the dual
 16940 diagnosis mental health and substance abuse program on a net
 16950 budgeting basis in which 50 percent of the actual per diem and
 16960 ancillary services costs are chargeable to the patient's
 16970 county of legal settlement or as a state case, as appropriate.
 16980 Subject to the approval of the department, revenues
 16990 attributable to the dual diagnosis program for the fiscal year
 17000 beginning July 1, 2003, and ending June 30, 2004, shall be
 17010 deposited in the institute's account, including but not
 17020 limited to all of the following revenues:
 17030    (1)  Moneys received by the state from billings to counties
 17040 under section 230.20.
 17050    (2)  Moneys received from billings to the Medicare program.
 17060    (3)  Moneys received from a managed care contractor
 17070 providing services under contract with the department or any
 17080 private third-party payor.
 17090    (4)  Moneys received through client participation.
 17100    (5)  Any other revenues directly attributable to the dual
 17110 diagnosis program.
 17120    b.  The following additional provisions are applicable in
 17130 regard to the dual diagnosis program:
 17140    (1)  A county may split the charges between the county's
 17150 mental health, mental retardation, and developmental
 17160 disabilities services fund and the county's budget for
 17170 substance abuse expenditures.
 17180    (2)  If an individual is committed to the custody of the
 17190 department of corrections at the time the individual is
 17200 referred for dual diagnosis treatment, the department of
 17210 corrections shall be charged for the costs of treatment.
 17220    (3)  Prior to an individual's admission for dual diagnosis
 17230 treatment, the individual shall have been screened through a
 17240 county's single entry point process to determine the
 17250 appropriateness of the treatment.
 17260    (4)  A county shall not be chargeable for the costs of
 17270 treatment for an individual enrolled in and authorized by or
 17280 decertified by a managed behavioral care plan under the
 17290 medical assistance program.
 17300    (5)  Notwithstanding section 8.33, state mental health
 17310 institute revenues related to the dual diagnosis program that
 17320 remain unencumbered or unobligated at the close of the fiscal
 17330 year shall not revert but shall remain available up to the
 17340 amount which would allow the state mental health institute to
 17350 meet credit obligations owed to counties as a result of year-
 17360 end per diem adjustments for the dual diagnosis program.
 17370    5.  Within the funds appropriated in this section, the
 17380 department may transfer funds as necessary to best fulfill the
 17390 needs of the institutes provided for in the appropriation.
 17400    6.  As part of the discharge planning process at the state
 17410 mental health institutes, the department shall provide
 17420 assistance in obtaining eligibility for federal supplemental
 17430 security income (SSI) to those individuals whose care at a
 17440 state mental health institute is the financial responsibility
 17450 of the state or a county.
 17460    Sec. 23.  STATE RESOURCE CENTERS.  There is appropriated
 17470 from the general fund of the state to the department of human
 17480 services for the fiscal year beginning July 1, 2003, and
 17490 ending June 30, 2004, the following amounts, or so much
 17500 thereof as is necessary, to be used for the purposes
 17510 designated:
 17520    1.  For the state resource center at Glenwood for salaries,
 17530 support, maintenance, and miscellaneous purposes:  
 17550 .................................................. $  4,399,479
 17570    2.  For the state resource center at Woodward for salaries,
 17580 support, maintenance, and miscellaneous purposes:  
 17600 .................................................. $  2,660,237
 17620    3.  a.  The department shall continue operating the state
 17630 resource centers at Glenwood and Woodward with a net general
 17640 fund appropriation.  The amounts allocated in this section are
 17650 the net amounts of state moneys projected to be needed for the
 17660 state resource centers.  The purposes of operating with a net
 17670 general fund appropriation are to encourage the state resource
 17680 centers to operate with increased self-sufficiency, to improve
 17690 quality and efficiency, and to support collaborative efforts
 17700 between the state resource centers and counties and other
 17710 funders of services available from the state resource centers.
 17720 The state resource centers shall not be operated under the net
 17730 appropriation in a manner which results in a cost increase to
 17740 the state or cost shifting between the state, the medical
 17750 assistance program, counties, or other sources of funding for
 17760 the state resource centers.  Moneys appropriated in this
 17770 section may be used throughout the fiscal year in the manner
 17780 necessary for purposes of cash flow management, and for
 17790 purposes of cash flow management the state resource centers
 17800 may temporarily draw more than the amounts appropriated,
 17810 provided the amounts appropriated are not exceeded at the
 17820 close of the fiscal year.
 17830    b.  Subject to the approval of the department, except for
 17840 revenues under section 249A.11, revenues attributable to the
 17850 state resource centers for the fiscal year beginning July 1,
 17860 2003, shall be deposited into each state resource center's
 17870 account, including but not limited to all of the following:
 17880    (1)  Moneys received by the state from billings to counties
 17890 under section 222.73.
 17900    (2)  The federal share of medical assistance revenue
 17910 received under chapter 249A.
 17920    (3)  Federal Medicare program payments.
 17930    (4)  Moneys received from client financial participation.
 17940    (5)  Other revenues generated from current, new, or
 17950 expanded services which the state resource center is
 17960 authorized to provide.
 17970    c.  For the purposes of allocating the salary adjustment
 17980 fund moneys appropriated in another Act, the state resource
 17990 centers shall be considered to be funded entirely with state
 18000 moneys.
 18010    d.  Notwithstanding section 8.33, up to $500,000 of a state
 18020 resource center's revenues that remain unencumbered or
 18030 unobligated at the close of the fiscal year shall not revert
 18040 but shall remain available to be used in the succeeding fiscal
 18050 year.
 18060    4.  Within the funds appropriated in this section, the
 18070 department may transfer funds as necessary to best fulfill the
 18080 needs of the institutions provided for in the appropriation.
 18090    5.  The department may continue to bill for state resource
 18100 center services utilizing a scope of services approach used
 18110 for private providers of ICFMR services, in a manner which
 18120 does not shift costs between the medical assistance program,
 18130 counties, or other sources of funding for the state resource
 18140 centers.
 18150    6.  The state resource centers may expand the time limited
 18160 assessment and respite services during the fiscal year.
 18170    7.  If the department's administration and the department
 18180 of management concur with a finding by a state resource
 18190 center's superintendent that projected revenues can reasonably
 18200 be expected to pay the salary and support costs for a new
 18210 employee position, or that such costs for adding a particular
 18220 number of new positions for the fiscal year would be less than
 18230 the overtime costs if new positions would not be added, the
 18240 superintendent may add the new position or positions.  If the
 18250 vacant positions available to a resource center do not include
 18260 the position classification desired to be filled, the state
 18270 resource center's superintendent may reclassify any vacant
 18280 position as necessary to fill the desired position.  The
 18290 superintendents of the state resource centers may, by mutual
 18300 agreement, pool vacant positions and position classifications
 18310 during the course of the fiscal year in order to assist one
 18320 another in filling necessary positions.
 18330    8.  If existing capacity limitations are reached in
 18340 operating units, a waiting list is in effect for a service or
 18350 a special need for which a payment source or other funding is
 18360 available for the service or to address the special need, and
 18370 facilities for the service or to address the special need can
 18380 be provided within the available payment source or other
 18390 funding, the superintendent of a state resource center may
 18400 authorize opening not more than two units or other facilities
 18410 and to begin implementing the service or addressing the
 18420 special need during fiscal year 2003-2004.
 18430    9.  The state resource centers shall develop a proposal
 18440 providing options for addressing the service needs of persons
 18450 with developmental disabilities who behave in a manner that
 18460 presents a danger to themselves or to others.  The proposal
 18470 shall be submitted to the governor and general assembly on or
 18480 before December 15, 2003.
 18490    Sec. 24.  MI/MR/DD STATE CASES.  There is appropriated from
 18500 the general fund of the state to the department of human
 18510 services for the fiscal year beginning July 1, 2003, and
 18520 ending June 30, 2004, the following amount, or so much thereof
 18530 as is necessary, to be used for the purpose designated:
 18540    For purchase of local services for persons with mental
 18550 illness, mental retardation, and developmental disabilities
 18560 where the client has no established county of legal
 18570 settlement:  
 18590 .................................................. $ 11,014,619
 18610    The general assembly encourages the department to continue
 18620 discussions with the Iowa state association of counties and
 18630 administrators of county central point of coordination offices
 18640 regarding proposals for moving state cases to county budgets.
 18650    Sec. 25.  MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES –
 18660 COMMUNITY SERVICES FUND.  There is appropriated from the
 18670 general fund of the state to the mental health and
 18680 developmental disabilities community services fund created in
 18690 section 225C.7 for the fiscal year beginning July 1, 2003, and
 18700 ending June 30, 2004, the following amount, or so much thereof
 18710 as is necessary, to be used for the purpose designated:
 18720    For mental health and developmental disabilities community
 18730 services in accordance with this Act:  
 18750 ................................................. $ 17,757,890
 18770    1.  Of the funds appropriated in this section, $17,727,890
 18780 shall be allocated to counties for funding of community-based
 18790 mental health and developmental disabilities services.  The
 18800 moneys shall be allocated to a county as follows:
 18810    a.  Fifty percent based upon the county's proportion of the
 18820 state's population of persons with an annual income which is
 18830 equal to or less than the poverty guideline established by the
 18840 federal office of management and budget.
 18850    b.  Fifty percent based upon the county's proportion of the
 18860 state's general population.
 18870    2.  a.  A county shall utilize the funding the county
 18880 receives pursuant to subsection 1 for services provided to
 18890 persons with a disability, as defined in section 225C.2.
 18900 However, no more than 50 percent of the funding shall be used
 18910 for services provided to any one of the service populations.
 18920    b.  A county shall use at least 50 percent of the funding
 18930 the county receives under subsection 1 for contemporary
 18940 services provided to persons with a disability, as described
 18950 in rules adopted by the department.
 18960    3.  Of the funds appropriated in this section, $30,000
 18970 shall be used to support the Iowa compass program providing
 18980 computerized information and referral services for Iowans with
 18990 disabilities and their families.
 19000    4.  a.  Funding appropriated for purposes of the federal
 19010 social services block grant is allocated for distribution to
 19020 counties for local purchase of services for persons with
 19030 mental illness or mental retardation or other developmental
 19040 disability.
 19050    b.  The funds allocated in this subsection shall be
 19060 expended by counties in accordance with the county's approved
 19070 county management plan.  A county without an approved county
 19080 management plan shall not receive allocated funds until the
 19090 county's management plan is approved.
 19100    c.  The funds provided by this subsection shall be
 19110 allocated to each county as follows:
 19120    (1)  Fifty percent based upon the county's proportion of
 19130 the state's population of persons with an annual income which
 19140 is equal to or less than the poverty guideline established by
 19150 the federal office of management and budget.
 19160    (2)  Fifty percent based upon the amount provided to the
 19170 county for local purchase of services in the preceding fiscal
 19180 year.
 19190    5.  A county is eligible for funds under this section if
 19200 the county qualifies for a state payment as described in
 19210 section 331.439.
 19220    Sec. 26.  PERSONAL ASSISTANCE.  There is appropriated from
 19230 the general fund of the state to the department of human
 19240 services for the fiscal year beginning July 1, 2003, and
 19250 ending June 30, 2004, the following amount, or so much thereof
 19260 as is necessary, to be used for the purpose designated:
 19270    For continuation of a pilot project for the personal
 19280 assistance services program in accordance with this section:  
 19300 .................................................. $    205,748
 19320    1.  The funds appropriated in this section shall be used to
 19330 continue the pilot project for the personal assistance
 19340 services program under section 225C.46 in an urban and a rural
 19350 area.  Not more than 10 percent of the amount appropriated
 19360 shall be used for administrative costs.  The pilot project
 19370 shall not be implemented in a manner which would require
 19380 additional county or state costs for assistance provided to an
 19390 individual served under the pilot project.
 19400    2.  In accordance with 2001 Iowa Acts, chapter 191, section
 19410 25, subsection 2, new applicants shall not be accepted into
 19420 the pilot project.  An individual receiving services under the
 19430 pilot project as of June 30, 2003, shall continue receiving
 19440 services until the individual voluntarily leaves the project
 19450 or until another program with similar services exists.
 19460    Sec. 27.  SEXUALLY VIOLENT PREDATORS.
 19470    1.  There is appropriated from the general fund of the
 19480 state to the department of human services for the fiscal year
 19490 beginning July 1, 2003, and ending June 30, 2004, the
 19500 following amount, or so much thereof as is necessary, to be
 19510 used for the purpose designated:
 19520    For costs associated with the commitment and treatment of
 19530 sexually violent predators in the unit located at the state
 19540 mental health institute at Cherokee, including costs of legal
 19550 services and other associated costs, including salaries,
 19560 support, maintenance, and miscellaneous purposes and for not
 19570 more than the following full-time equivalent positions:  
 19590 .................................................. $  2,675,179
 19600 ............................................... FTEs      46.00
 19620    2.  Unless specifically prohibited by law, if the amount
 19630 charged provides for recoupment of at least the entire amount
 19640 of direct and indirect costs, the department of human services
 19650 may contract with other states to provide care and treatment
 19660 of persons placed by the other states at the unit for sexually
 19670 violent predators at Cherokee.  The moneys received under such
 19680 a contract shall be considered to be repayment receipts and
 19690 used for the purposes of the appropriation made in this
 19700 section.
 19710    Sec. 28.  FIELD OPERATIONS.  There is appropriated from the
 19720 general fund of the state to the department of human services
 19730 for the fiscal year beginning July 1, 2003, and ending June
 19740 30, 2004, the following amount, or so much thereof as is
 19750 necessary, to be used for the purposes designated:
 19760    1.  For field operations, including salaries, support,
 19770 maintenance, and miscellaneous purposes and for not more than
 19780 the following full-time equivalent positions:  
 19800 .................................................. $ 50,657,828
 19810 ............................................... FTEs   1,800.00
 19830    Priority in filling full-time equivalent positions shall be
 19840 given to those positions related to child protection services.
 19850    2.  In operating the service area system established
 19860 pursuant to 2001 Iowa Acts, Second Extraordinary Session,
 19870 chapter 4, for the fiscal year beginning July 1, 2003, and
 19880 ending June 30, 2004, the department shall utilize the service
 19890 areas and service area administrators in lieu of regions and
 19900 regional administrators, notwithstanding the references to
 19910 department regions or regional administrators in sections
 19920 232.2, 232.52, 232.68, 232.72, 232.102, 232.117, 232.127,
 19930 232.143, 232.188, and 234.35, or other provision in law.  The
 19940 department shall submit proposed legislation under section
 19950 2.16 for consideration by the Eightieth General Assembly, 2004
 19960 Session, to correct the references in the necessary Code
 19970 sections.
 19980    Sec. 29.  GENERAL ADMINISTRATION.  There is appropriated
 19990 from the general fund of the state to the department of human
 20000 services for the fiscal year beginning July 1, 2003, and
 20010 ending June 30, 2004, the following amount, or so much thereof
 20020 as is necessary, to be used for the purpose designated:
 20030    For general administration, including salaries, support,
 20040 maintenance, and miscellaneous purposes and for not more than
 20050 the following full-time equivalent positions:  
 20070 .................................................. $ 10,803,626
 20080 ............................................... FTEs     286.00
 20100    1.  Of the funds appropriated in this section, $57,000 is
 20110 allocated for the prevention of disabilities policy council
 20120 established in section 225B.3.
 20130    2.  Up to $500,000 of the moneys received in any settlement
 20140 of overpayments made to a child development center or to any
 20150 other provider that results in a settlement in excess of
 20160 $150,000 shall be considered as repayment receipts and shall
 20170 only be used for the costs of filling full-time equivalent
 20180 positions authorized but not funded by the appropriations made
 20190 for the purposes of this section.
 20200    Sec. 30.  VOLUNTEERS.  There is appropriated from the
 20210 general fund of the state to the department of human services
 20220 for the fiscal year beginning July 1, 2003, and ending June
 20230 30, 2004, the following amount, or so much thereof as is
 20240 necessary, to be used for the purpose designated:
 20250    For development and coordination of volunteer services:  
 20270 .................................................. $    109,568
 20290    Sec. 31.  MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
 20300 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
 20310 DEPARTMENT OF HUMAN SERVICES.
 20320    1.  a.  For the fiscal year beginning July 1, 2003, nursing
 20330 facilities shall be reimbursed at 100 percent of the modified
 20340 price-based case-mix reimbursement rate.  Nursing facilities
 20350 reimbursed under the medical assistance program shall submit
 20360 annual cost reports and additional documentation as required
 20370 by rules adopted by the department.
 20380    b.  For the fiscal year beginning July 1, 2003, the
 20390 department shall reimburse pharmacy dispensing fees using a
 20400 single rate of $4.26 per prescription or the pharmacy's usual
 20410 and customary fee, whichever is lower.
 20420    c.  For the fiscal year beginning July 1, 2003,
 20430 reimbursement rates for inpatient and outpatient hospital
 20440 services shall remain at the rates in effect on June 30, 2003.
 20450 The department shall continue the outpatient hospital
 20460 reimbursement system based upon ambulatory patient groups
 20470 implemented pursuant to 1994 Iowa Acts, chapter 1186, section
 20480 25, subsection 1, paragraph "f".  In addition, the department
 20490 shall continue the revised medical assistance payment policy
 20500 implemented pursuant to that paragraph to provide
 20510 reimbursement for costs of screening and treatment provided in
 20520 the hospital emergency room if made pursuant to the
 20530 prospective payment methodology developed by the department
 20540 for the payment of outpatient services provided under the
 20550 medical assistance program.  Any rebasing of hospital
 20560 inpatient or outpatient rates shall not increase total
 20570 payments for inpatient and outpatient services.
 20580    d.  For the fiscal year beginning July 1, 2003,
 20590 reimbursement rates for rural health clinics, hospices,
 20600 independent laboratories, and acute mental hospitals shall be
 20610 increased in accordance with increases under the federal
 20620 Medicare program or as supported by their Medicare audited
 20630 costs.
 20640    e.  For the fiscal year beginning July 1, 2003,
 20650 reimbursement rates for home health agencies shall remain at
 20660 the rates in effect on June 30, 2003.
 20670    f.  For the fiscal year beginning July 1, 2003, federally
 20680 qualified health centers shall receive cost-based
 20690 reimbursement for 100 percent of the reasonable costs for the
 20700 provision of services to recipients of medical assistance.
 20710    g.  Beginning July 1, 2003, the reimbursement rates for
 20720 dental services shall remain at the rates in effect on June
 20730 30, 2003.
 20740    h.  Beginning July 1, 2003, the reimbursement rates for
 20750 community mental health centers shall remain at the rates in
 20760 effect on June 30, 2003.
 20770    i.  For the fiscal year beginning July 1, 2003, the maximum
 20780 reimbursement rate for psychiatric medical institutions for
 20790 children shall remain at the rate in effect on June 30, 2003,
 20800 based on per day rates for actual costs.
 20810    j.  For the fiscal year beginning July 1, 2003, unless
 20820 otherwise specified in this Act, all noninstitutional medical
 20830 assistance provider reimbursement rates shall remain at the
 20840 rates in effect on June 30, 2003, except for area education
 20850 agencies, local education agencies, infant and toddler
 20860 services providers, and those providers whose rates are
 20870 required to be determined pursuant to section 249A.20.
 20880    k.  Notwithstanding section 249A.20, the average
 20890 reimbursement rates for health care providers eligible for use
 20900 of the reimbursement methodology under that section shall
 20910 remain at the rate in effect on June 30, 2003; however, this
 20920 rate shall not exceed the maximum level authorized by the
 20930 federal government.
 20940    2.  For the fiscal year beginning July 1, 2003, the
 20950 reimbursement rate for residential care facilities shall not
 20960 be less than the minimum payment level as established by the
 20970 federal government to meet the federally mandated maintenance
 20980 of effort requirement.  The flat reimbursement rate for
 20990 facilities electing not to file semiannual cost reports shall
 21000 not be less than the minimum payment level as established by
 21010 the federal government to meet the federally mandated
 21020 maintenance of effort requirement.
 21030    3.  For the fiscal year beginning July 1, 2003, the
 21040 reimbursement rate for providers reimbursed under the in-home-
 21050 related care program shall not be less than the minimum
 21060 payment level as established by the federal government to meet
 21070 the federally mandated maintenance of effort requirement.
 21080    4.  Unless otherwise directed in this section, when the
 21090 department's reimbursement methodology for any provider
 21100 reimbursed in accordance with this section includes an
 21110 inflation factor, this factor shall not exceed the amount by
 21120 which the consumer price index for all urban consumers
 21130 increased during the calendar year ending December 31, 2002.
 21140    5.  Notwithstanding section 234.38, in the fiscal year
 21150 beginning July 1, 2003, the foster family basic daily
 21160 maintenance rate and the maximum adoption subsidy rate for
 21170 children ages 0 through 5 years shall be $14.28, the rate for
 21180 children ages 6 through 11 years shall be $15.07, the rate for
 21190 children ages 12 through 15 years shall be $16.83, and the
 21200 rate for children ages 16 and older shall be $16.83.
 21210    6.  For the fiscal year beginning July 1, 2003, the maximum
 21220 reimbursement rates for social service providers shall remain
 21230 at the rates in effect on June 30, 2003.  However, the rates
 21240 may be adjusted under any of the following circumstances:
 21250    a.  If a new service was added after June 30, 2003, the
 21260 initial reimbursement rate for the service shall be based upon
 21270 actual and allowable costs.
 21280    b.  If a social service provider loses a source of income
 21290 used to determine the reimbursement rate for the provider, the
 21300 provider's reimbursement rate may be adjusted to reflect the
 21310 loss of income, provided that the lost income was used to
 21320 support actual and allowable costs of a service purchased
 21330 under a purchase of service contract.
 21340    7.  The group foster care reimbursement rates paid for
 21350 placement of children out of state shall be calculated
 21360 according to the same rate-setting principles as those used
 21370 for in-state providers unless the director of human services
 21380 or the director's designee determines that appropriate care
 21390 cannot be provided within the state.  The payment of the daily
 21400 rate shall be based on the number of days in the calendar
 21410 month in which service is provided.
 21420    8.  For the fiscal year beginning July 1, 2003, the
 21430 reimbursement rates for rehabilitative treatment and support
 21440 services providers shall remain at the rates in effect on June
 21450 30, 2003.
 21460    9.  For the fiscal year beginning July 1, 2003, the
 21470 combined service and maintenance components of the
 21480 reimbursement rate paid to a shelter care provider shall be
 21490 based on the cost report submitted to the department.  The
 21500 maximum reimbursement rate shall be $83.69 per day.  The
 21510 department shall reimburse a shelter care provider at the
 21520 provider's actual and allowable unit cost, plus inflation, not
 21530 to exceed the maximum reimbursement rate.
 21540    10.  For the fiscal year beginning July 1, 2003, the
 21550 department shall calculate reimbursement rates for
 21560 intermediate care facilities for persons with mental
 21570 retardation at the 80th percentile.
 21580    11.  For the fiscal year beginning July 1, 2003, for child
 21590 care providers, the department shall set provider
 21600 reimbursement rates based on the rate reimbursement survey
 21610 completed in December 1998.  The department shall set rates in
 21620 a manner so as to provide incentives for a nonregistered
 21630 provider to become registered.
 21640    12.  For the fiscal year beginning July 1, 2003,
 21650 reimbursements for providers reimbursed by the department of
 21660 human services may be modified if appropriated funding is
 21670 allocated for that purpose from the senior living trust fund
 21680 created in section 249H.4, or as specified in appropriations
 21690 from the healthy Iowans tobacco trust created in section
 21700 12.65.
 21710    13.  The department may adopt emergency rules to implement
 21720 the hospital crossover claims process.
 21730    14.  The department may adopt emergency rules to implement
 21740 this section.
 21750    Sec. 32.  TRANSFER AUTHORITY.  Subject to the provisions of
 21760 section 8.39, for the fiscal year beginning July 1, 2003, if
 21770 necessary to meet federal maintenance of effort requirements
 21780 or to transfer federal temporary assistance for needy families
 21790 block grant funding to be used for purposes of the federal
 21800 social services block grant or to meet cash flow needs
 21810 resulting from delays in receiving federal funding or to
 21820 implement, in accordance with this Act, targeted case
 21830 management for child protection and for activities currently
 21840 funded with juvenile court services, county, or community
 21850 moneys and state moneys used in combination with such moneys,
 21860 the department of human services may transfer within or
 21870 between any of the appropriations made in this Act and
 21880 appropriations in law for the federal social services block
 21890 grant to the department for the following purposes, provided
 21900 that the combined amount of state and federal temporary
 21910 assistance for needy families block grant funding for each
 21920 appropriation remains the same before and after the transfer:
 21930    1.  For the family investment program.
 21940    2.  For child care assistance.
 21950    3.  For child and family services.
 21960    4.  For field operations.
 21970    5.  For general administration.
 21980    6.  MH/MR/DD/BI community services (local purchase).
 21990    This section shall not be construed to prohibit existing
 22000 state transfer authority for other purposes.
 22010    Sec. 33.  FRAUD AND RECOUPMENT ACTIVITIES.  During the
 22020 fiscal year beginning July 1, 2003, notwithstanding the
 22030 restrictions in section 239B.14, recovered moneys generated
 22040 through fraud and recoupment activities are appropriated to
 22050 the department of human services to be used for additional
 22060 fraud and recoupment activities performed by the department of
 22070 human services or the department of inspections and appeals,
 22080 and the department of human services may add not more than
 22090 five full-time equivalent positions, in addition to those
 22100 funded in this Act, subject to both of the following
 22110 conditions:
 22120    1.  The director of human services determines that the
 22130 investment can reasonably be expected to increase recovery of
 22140 assistance paid in error, due to fraudulent or nonfraudulent
 22150 actions, in excess of the amount recovered in the fiscal year
 22160 beginning July 1, 1997.
 22170    2.  The amount expended for the additional fraud and
 22180 recoupment activities shall not exceed the amount of the
 22190 projected increase in assistance recovered.
 22200    Sec. 34.  ELECTRONIC BENEFIT TRANSFER IMPLEMENTATION
 22210 NONREVERSION.  Unspent funds appropriated in 2002 Iowa Acts,
 22220 Second Extraordinary Session, chapter 1003, section 112, and
 22230 allocated by the department of human services for the purpose
 22240 of meeting federal food stamp electronic benefit transfer
 22250 requirements shall not revert but shall remain available for
 22260 the same purpose until the close of the succeeding fiscal
 22270 year.
 22280    Sec. 35.  VEHICLE DEPRECIATION.  The following facilities
 22290 and institutions administered by the department of human
 22300 services are exempt from the depreciation requirement in
 22310 section 18.120, subsection 1, and the appropriations for the
 22320 facilities, institutions, and the department shall not be
 22330 charged for vehicle depreciation otherwise attributable to the
 22340 facilities and institutions during the fiscal year beginning
 22350 July 1, 2003:
 22360    1.  The state juvenile institutions.
 22370    2.  The state resource centers.
 22380    3.  The state mental health institutes.
 22390    4.  The unit for commitment of sexually violent predators
 22400 located at the state mental health institute at Cherokee.
 22410    Sec. 36.  NEW SECTION.  217A.1  PARENTAL INVOLVEMENT
 22420 PROGRAM.
 22430    1.  The department of human services shall convene an
 22440 advisory group that includes representatives of the Iowa
 22450 department of public health, the department of education, the
 22460 department of workforce development, the department of
 22470 corrections, the Iowa empowerment board, other state agencies
 22480 that provide services to families, and representatives of
 22490 business and industry, parents, faith-based organizations, and
 22500 state and local community leaders, to present a plan to the
 22510 general assembly that provides a comprehensive approach to
 22520 policy and service delivery at the state, county, and local
 22530 level and provides a network of services to assist both
 22540 mothers and fathers in parenting their children.  While the
 22550 comprehensive approach shall address the needs of both
 22560 parents, the focus shall be on creating a policy and service
 22570 delivery system that provides a network of resources to assist
 22580 fathers in becoming and remaining engaged in their children's
 22590 lives.  The plan shall be submitted on or before December 31,
 22600 2003.
 22610    2.  The comprehensive approach to parental involvement
 22620 shall provide for all of the following:
 22630    a.  STRUCTURE AND POLICIES.
 22640    (1)  Identification of practices that interfere with or
 22650 fail to help fathers become or remain engaged in their
 22660 children's lives.
 22670    (2)  Development of flexible service delivery options
 22680 within the state system, including the public assistance
 22690 system, to address the varying needs of families which may
 22700 include modifying traditional enforcement of program
 22710 requirements, referral to services, or other options.
 22720    (3)  Continuation of child support program efforts to
 22730 assist fathers in providing for their children and remaining
 22740 engaged in their children's lives while complying with federal
 22750 requirements.  The efforts may include continuing the
 22760 fatherhood internet site, seeking additional federal access
 22770 and visitation grants, and applying for other federal funds
 22780 that become available, for the purpose of actively engaging
 22790 fathers in the lives of their children.
 22800    (4)  Integration of the state system and community level
 22810 services to provide a social service network that is
 22820 accessible to fathers as well as mothers.
 22830    (5)  Creation of a systemwide approach for delivery of
 22840 services to families that creates a family support network
 22850 that does all of the following:
 22860    (a)  Trains service workers to include both fathers and
 22870 mothers as a family unit, rather than separately, in the
 22880 delivery of services.
 22890    (b)  Promotes a common awareness across disciplines, for
 22900 workers providing services to parents and families, of the
 22910 importance of both parents in children's lives.
 22920    (c)  Systematically engages both parents and does not
 22930 segment families in the provision of services.
 22940    (d)  Improves communication across delivery systems.
 22950    (e)  Provides for the partnering of various disciplines and
 22960 levels of government in providing services to parents and
 22970 families.
 22980    b.  CONNECTING FATHERS WITH NECESSARY SERVICES.
 22990    (1)  Utilization of the existing service system to connect
 23000 fathers with local community-based services that help fathers
 23010 develop the skills to become better parents and partners and
 23020 more productive members of the workforce.
 23030    (2)  Utilization of employment opportunities and training
 23040 as catalysts to involve fathers with programs that help
 23050 fathers develop skills to retain jobs and build healthy
 23060 relationships.
 23070    c.  PUBLIC AWARENESS.
 23080    (1)  Promotion of public awareness of the importance of the
 23090 emotional and financial involvement of both parents in their
 23100 children's lives.
 23110    (2)  Use of the media to encourage parents to discuss
 23120 pregnancy prevention and parental responsibility with their
 23130 children.
 23140    Sec. 37.  Section 234.35, subsection 1, paragraph c, Code
 23150 2003, is amended to read as follows:
 23160    c.  When the department has agreed to provide foster care
 23170 services for the child for a period of not more than thirty
 23180 ninety days on the basis of a signed placement agreement
 23190 between the department and the child's parent or guardian
 23200 initiated on or after July 1, 1992.
 23210    Sec. 38.  Section 514I.4, Code 2003, is amended by adding
 23220 the following new subsection:
 23230    NEW SUBSECTION.  1A.  The director, with the approval of
 23240 the board, may contract with participating insurers to provide
 23250 dental only services.
 23260    Sec. 39.  Section 514I.5, Code 2003, is amended by adding
 23270 the following new subsection:
 23280    NEW SUBSECTION.  9.  The hawk-i board may provide approval
 23290 to the director to contract with participating insurers to
 23300 provide dental only services.  In determining whether to
 23310 provide such approval to the director, the board shall take
 23320 into consideration the impact on the overall program of single
 23330 source contracting for dental services.
 23340    Sec. 40.  2002 Iowa Acts, chapter 1125, section 1,
 23350 subsection 2, paragraphs b and d, are amended to read as
 23360 follows:
 23370    b.  Amending rules to maintain the group care standard for
 23380 a weekly average number of hours of therapy and counseling,
 23390 but determine compliance by averaging the hours per week over
 23400 the course of a month for group care documentation and
 23410 recoupment to streamline requirements relating to skills
 23420 development by removing the requirements for billed services
 23430 documentation and clarifying the requirements for meeting
 23440 weekly average hours of therapy and counseling and the
 23450 methodology for determining compliance and overpayments.  The
 23460 recoupment for failure to comply shall be applied for a week
 23470 at a time for noncompliance, not to exceed the number of days
 23480 paid.  This standard shall not be applied to a highly
 23490 structured juvenile group care program.
 23500    d.  Utilizing a weekly results summary for documentation of
 23510 the group care requirement for daily provision of skills
 23520 development.
 23530    Sec. 41.  2002 Iowa Acts, chapter 1175, section 104, is
 23540 amended to read as follows:
 23550    SEC. 104.  COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
 23560 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT
 23570 AND ALLOCATIONS – FISCAL YEAR 2003-2004.  There is
 23580 appropriated from the general fund of the state to the
 23590 department of human services for the fiscal year beginning
 23600 July 1, 2003, and ending June 30, 2004, the following amount,
 23610 or so much thereof as is necessary, to be used for the purpose
 23620 designated:
 23630    For distribution to counties of the county mental health,
 23640 mental retardation, and developmental disabilities allowed
 23650 growth factor adjustment, as provided in this section in lieu
 23660 of the provisions of section 331.438, subsection 2, and
 23670 section 331.439, subsection 3, and chapter 426B:  
 23690 .................................................. $ 19,073,638
 23710    1.  The funding appropriated in this section is the allowed
 23720 growth factor adjustment for fiscal year 2003-2004, and is
 23730 allocated as follows:
 23740    a.  For distribution as provided in this section:  
 23760 .................................................. $ 17,073,638
 23780    b.  For deposit in the risk pool created in the property
 23790 tax relief fund and for distribution in accordance with
 23800 section 426B.5, subsection 2:  
 23820 .................................................. $  2,000,000
 23840    2.  The following formula amounts shall be utilized only to
 23850 calculate preliminary distribution amounts for fiscal year
 23860 2003-2004 under this section by applying the indicated formula
 23870 provisions to the formula amounts and producing a preliminary
 23880 distribution total for each county:
 23890    a.  For calculation of an allowed growth factor adjustment
 23900 amount for each county in accordance with the formula in
 23910 section 331.438, subsection 2, paragraph "b":  
 23930 .................................................. $ 12,000,000
 23950    b.  For calculation of a distribution amount for eligible
 23960 counties from the per capita expenditure target pool created
 23970 in the property tax relief fund in accordance with the
 23980 requirements in section 426B.5, subsection 1:  
 24000 .................................................. $ 12,492,712
 24020    c.  For calculation of a distribution amount for counties
 24030 from the mental health and developmental disabilities (MH/DD)
 24040 community services fund in accordance with the formula
 24050 provided in 2002 Iowa Acts, Senate File 2326, section 119,
 24060 subsection 1 the appropriation made for the MH/DD community
 24070 services fund for the fiscal year beginning July 1, 2003:  
 24090 .................................................. $ 18,127,352
 24100                                                      17,727,890
 24120    3.  Notwithstanding any contrary provisions of sections
 24130 225C.7, 331.438, subsection 2, 331.439, subsection 3, and
 24140 426B.5, the moneys allocated for distribution in subsection 1,
 24150 paragraph "b", and in any other Act of the Eightieth General
 24160 Assembly, 2003 Session, for distribution to counties in the
 24170 fiscal year beginning July 1, 2003, for purposes of the mental
 24180 health and developmental disabilities (MH/DD) community
 24190 services fund under section 225C.7, and for the allowed growth
 24200 factor adjustment for services paid under a county's section
 24210 331.424A mental health, mental retardation, and developmental
 24220 disabilities services fund and as calculated under subsection
 24230 2 to produce preliminary distribution amounts for counties
 24240 shall be subject to withholding as provided in this section.
 24250    4.  After applying the applicable statutory distribution
 24260 formulas to the amounts indicated in subsection 2 for purposes
 24270 to produce preliminary distribution totals, the department of
 24280 human services shall apply a withholding factor to adjust an
 24290 eligible individual county's preliminary distribution total.
 24300 An ending balance percentage for each county shall be
 24310 determined by expressing the county's ending balance on a
 24320 modified accrual basis under generally accepted accounting
 24330 principles for the fiscal year beginning July 1, 2002, in the
 24340 county's mental health, mental retardation, and developmental
 24350 disabilities services fund created under section 331.424A, as
 24360 a percentage of the county's gross expenditures from that fund
 24370 for that fiscal year.  The withholding factor for a county
 24380 shall be the following applicable percent:
 24390    a.  For an ending balance percentage of less than 10
 24400 percent, a withholding factor of 0 percent.
 24410    b.  For an ending balance percentage of 10 through 24
 24420 percent, a withholding factor of 25 percent.
 24430    c.  For an ending balance percentage of 25 through 34
 24440 percent, a withholding factor of 60 percent.
 24450    d.  For an ending balance percentage of 35 through 44
 24460 percent, a withholding factor of 85 percent.
 24470    e.  For an ending balance percentage of 45 percent or more,
 24480 a withholding factor of 100 percent.
 24490    5.  The total withholding amounts applied pursuant to
 24500 subsection 4 shall be equal to a withholding target amount of
 24510 $7,419,074 and the appropriation enacted by the Eightieth
 24520 General Assembly, 2003 Session, for the MH/DD community
 24530 services fund shall be reduced by the amount necessary to
 24540 attain the withholding target amount.  If the department of
 24550 human services determines that the amount to be withheld in
 24560 accordance with subsection 4 is not equal to the target
 24570 withholding amount, the department shall adjust the
 24580 withholding factors listed in subsection 4 as necessary to
 24590 achieve the withholding target amount.  However, in making
 24600 such adjustments to the withholding factors, the department
 24610 shall strive to minimize changes to the withholding factors
 24620 for those ending balance percentage ranges that are lower than
 24630 others and shall not adjust the zero withholding factor
 24640 specified in subsection 4, paragraph "a".
 24650    6.  A county must comply with both the requirements listed
 24660 in this subsection to be eligible to receive a funding
 24670 distribution under this section.  The amount that would
 24680 otherwise be available for distribution to a county that fails
 24690 to so comply shall be proportionately distributed among the
 24700 eligible counties.  Both of the following requirements are
 24710 applicable:
 24720    a.  A county must comply with the December 1, 2003, filing
 24730 deadline for the county annual financial report in accordance
 24740 with section 331.403.
 24750    b.  A county must levy the not less than 70 percent of the
 24760 maximum amount allowed for the county's mental health, mental
 24770 retardation, and developmental disabilities services fund
 24780 under section 331.424A for taxes due and payable in the fiscal
 24790 year beginning July 1, 2003.
 24800    7.  The department of human services shall authorize the
 24810 issuance of warrants payable to the county treasurer for the
 24820 distribution amounts due the counties eligible under this
 24830 section and notwithstanding prior practice for the MH/DD
 24840 community services fund, the warrants shall be issued in
 24850 January 2004.
 24860    Sec. 42.  2002 Iowa Acts, Second Extraordinary Session,
 24870 chapter 1003, section 126, subsection 3, paragraph d, is
 24880 amended to read as follows:
 24890    d.  Notwithstanding section 8.33, up to $500,000 of a state
 24900 resource center's revenues that remain unencumbered or
 24910 unobligated at the close of the fiscal year shall not revert
 24920 but shall remain available to be used in the succeeding fiscal
 24930 year.
 24940    Sec. 43.  2002 Iowa Acts, Second Extraordinary Session,
 24950 chapter 1003, section 131, is amended by adding the following
 24960 new unnumbered paragraph:
 24970    NEW UNNUMBERED PARAGRAPH.  Notwithstanding section 8.33,
 24980 moneys appropriated in this section that remain unencumbered
 24990 or unobligated at the close of the fiscal year shall not
 25000 revert but shall remain available until the close of the
 25010 succeeding fiscal year for the purposes designated under this
 25020 section.
 25030    Sec. 44.  EMERGENCY RULES.  If specifically authorized by a
 25040 provision of this Act, the department of human services or the
 25050 mental health and developmental disabilities commission may
 25060 adopt administrative rules under section 17A.4, subsection 2,
 25070 and section 17A.5, subsection 2, paragraph "b", to implement
 25080 the provisions and the rules shall become effective
 25090 immediately upon filing or on a later effective date specified
 25100 in the rules, unless the effective date is delayed by the
 25110 administrative rules review committee.  Any rules adopted in
 25120 accordance with this section shall not take effect before the
 25130 rules are reviewed by the administrative rules review
 25140 committee.  The delay authority provided to the administrative
 25150 rules review committee under section 17A.4, subsection 5, and
 25160 section 17A.8, subsection 9, shall be applicable to a delay
 25170 imposed under this section, notwithstanding a provision in
 25180 those sections making them inapplicable to section 17A.5,
 25190 subsection 2, paragraph "b".  Any rules adopted in accordance
 25200 with the provisions of this section shall also be published as
 25210 notice of intended action as provided in section 17A.4.
 25220    Sec. 45.  REPORTS.
 25230    1.  Any reports or information required to be compiled and
 25240 submitted under this Act shall be submitted to the
 25250 chairpersons and ranking members of the joint appropriations
 25260 subcommittee on health and human services, the legislative
 25270 fiscal bureau, the legislative service bureau, and to the
 25280 legislative caucus staffs on or before the dates specified for
 25290 submission of the reports or information.
 25300    2.  In order to reduce mailing and paper processing costs,
 25310 the department shall provide, to the extent feasible, reports,
 25320 notices, minutes, and other documents by electronic means to
 25330 those persons who have the capacity to access the documents in
 25340 that manner.
 25350    Sec. 46.  LAW INAPPLICABLE FOR FISCAL YEAR 2003-2004.
 25360    1.  The following provisions in Code or rule shall be
 25370 suspended for the period beginning July 1, 2003, and ending
 25380 June 30, 2004:
 25390    a.  The requirements of section 239B.2A, relating to school
 25400 attendance by children participating in the family investment
 25410 program.
 25420    b.  For a case permanency plan, as defined in section
 25430 232.2, the requirement for a six-month case permanency plan
 25440 review for an intact family.
 25450    c.  The requirements of section 225C.42, relating to an
 25460 annual evaluation of the family support subsidy program.
 25470    2.  The department may adopt emergency rules to implement
 25480 the provisions of this section.
 25490    Sec. 47.  EFFECTIVE DATES.  The following provisions of
 25500 this division of this Act, being deemed of immediate
 25510 importance, take effect upon enactment:
 25520    1.  The provision under the appropriation for child and
 25530 family services, relating to requirements of section 232.143
 25540 for representatives of the department of human services and
 25550 juvenile court services to establish a plan for continuing
 25560 group foster care expenditures for the 2002-2003 fiscal year.
 25570    2.  The provision under the appropriation for child and
 25580 family services, relating to the state court administrator
 25590 determining allocation of court-ordered services funding by
 25600 June 15, 2003.
 25610    3.  The provision under the appropriation for child and
 25620 family services, relating to the requirements in section
 25630 237.5A involving a foster parent unable to complete annual
 25640 training due to being engaged in active duty in the military
 25650 service.
 25660    4.  The provision relating to unspent funds for food stamp
 25670 electronic benefit transfer remaining available from the
 25680 appropriation made in 2002 Iowa Acts, Second Extraordinary
 25690 Session, chapter 1003, section 112, for the 2003-2004 fiscal
 25700 year.
 25710    5.  The provisions amending 2002 Iowa Acts, Second
 25720 Extraordinary Session, chapter 1003, sections 126 and 131,
 25730 relating to nonreversion of moneys appropriated in fiscal year
 25740 2002-2003 for the state resource centers and for the sexually
 25750 violent predator program.  
 25770                           DIVISION IV
 25780                    SENIOR LIVING TRUST FUND
 25800    Sec. 48.  DEPARTMENT OF ELDER AFFAIRS.  There is
 25810 appropriated from the senior living trust fund created in
 25820 section 249H.4 to the department of elder affairs for the
 25830 fiscal year beginning July 1, 2003, and ending June 30, 2004,
 25840 the following amount, or so much thereof as is necessary, to
 25850 be used for the purpose designated:
 25860    For the development and implementation of a comprehensive
 25870 senior living program, including program administration and
 25880 costs associated with implementation, salaries, support,
 25890 maintenance, and miscellaneous purposes:  
 25910 .................................................. $  7,480,814
 25930    1.  It is the intent of the general assembly that the
 25940 department not transfer moneys appropriated to the department
 25950 for purposes of the assisted living program and adult day care
 25960 for the fiscal year beginning July 1, 2003.
 25970    2.  Notwithstanding section 249H.7, the department of elder
 25980 affairs shall distribute up to $300,000 of the funds
 25990 appropriated in this section in a manner that will supplement
 26000 and maximize federal funds under the federal Older Americans
 26010 Act and shall not use the amount distributed for any
 26020 administrative purposes of either the department of elder
 26030 affairs or the area agencies on aging.
 26040    Sec. 49.  DEPARTMENT OF INSPECTIONS AND APPEALS.  There is
 26050 appropriated from the senior living trust fund created in
 26060 section 249H.4 to the department of inspections and appeals
 26070 for the fiscal year beginning July 1, 2003, and ending June
 26080 30, 2004, the following amount, or so much thereof as is
 26090 necessary, to be used for the purpose designated:
 26100    For the inspection and certification of assisted living
 26110 facilities and adult day care services, including program
 26120 administration and costs associated with implementation,
 26130 salaries, support, maintenance, and miscellaneous purposes and
 26140 for not more than the following full-time equivalent
 26150 positions:  
 26170 .................................................. $    800,000
 26180 ............................................... FTEs       6.00
 26200    Sec. 50.  DEPARTMENT OF HUMAN SERVICES.  There is
 26210 appropriated from the senior living trust fund created in
 26220 section 249H.4 to the department of human services for the
 26230 fiscal year beginning July 1, 2003, and ending June 30, 2004,
 26240 the following amounts, or so much thereof as is necessary, to
 26250 be used for the purposes designated:
 26260    1.  To provide grants to nursing facilities for conversion
 26270 to assisted living programs or to provide long-term care
 26280 alternatives and to provide grants to ICF/MR for conversion to
 26290 assisted living programs or home and community-based services
 26300 and to provide grants to long-term care providers for
 26310 development of long-term care alternatives:  
 26330 .................................................. $ 20,000,000
 26350    Up to 25 percent of this amount may be used for development
 26360 of less restrictive community-based services with a
 26370 significant focus on reducing the numbers of persons served in
 26380 state resource centers and other intermediate care facilities
 26390 for persons with mental retardation as well as for activities
 26400 designed to facilitate the planning for or placement of such
 26410 services and persons.
 26420    2.  To supplement the medical assistance appropriation,
 26430 including program administration and costs associated with
 26440 implementation, salaries, support, maintenance, and
 26450 miscellaneous purposes, and for not more than the following
 26460 full-time equivalent positions:  
 26480 .................................................. $101,600,000
 26490 ............................................... FTEs       5.00
 26510    3.  To provide reimbursement for health care services and
 26520 rent expenses to eligible persons through the home and
 26530 community-based services waiver and the state supplementary
 26540 assistance program, including program administration and data
 26550 system costs associated with implementation, salaries,
 26560 support, maintenance, and miscellaneous purposes:  
 26580 .................................................. $  1,733,406
 26600    Participation in the rent subsidy program shall be limited
 26610 to only those persons who are at risk for nursing facility
 26620 care.  The department shall adopt emergency rules to implement
 26630 this provision.
 26640    4.  To implement nursing facility provider reimbursements
 26650 as provided in 2001 Iowa Acts, chapter 192, section 4,
 26660 subsection 2, paragraph "c":  
 26680 .................................................. $ 29,950,000
 26700    In order to carry out the purposes of this section, the
 26710 department shall transfer funds appropriated in this section
 26720 to supplement other appropriations made to the department of
 26730 human services.
 26740    5.  Notwithstanding sections 249H.4 and 249H.5, the
 26750 department of human services may use moneys from the senior
 26760 living trust fund for cash flow purposes to make payments
 26770 under the nursing facility or hospital upper payment limit
 26780 methodology.  The amount of any moneys so used shall be
 26790 refunded to the senior living trust fund within the same
 26800 fiscal year and in a prompt manner.
 26810    6.  Notwithstanding section 8.33, moneys committed to
 26820 grantees under contract to provide for conversion to assisted
 26830 living programs or for development of long-term care
 26840 alternatives that remain unexpended at the close of the fiscal
 26850 year shall not revert to any fund but shall remain available
 26860 for expenditure for purposes of the contract.
 26870    Sec. 51.  CONVERSION GRANT PROJECTS – RULES.
 26880    1.  For the fiscal year beginning July 1, 2003, and ending
 26890 June 30, 2004, the department of human services shall continue
 26900 to give greater weight in the scoring methodology to nursing
 26910 facility conversion projects that are primarily for the
 26920 renovation and remodeling of the existing nursing facility
 26930 structure and give less weight to conversion projects that are
 26940 primarily for new construction.  The department of human
 26950 services shall encourage cooperative efforts between the
 26960 department of inspections and appeals, the state fire marshal,
 26970 and the grant applicant to promote the acceptance of nursing
 26980 facility conversion projects that are primarily renovation and
 26990 remodeling of the existing nursing facility structure.
 27000    2.  For the fiscal year beginning July 1, 2003, and ending
 27010 June 30, 2004, the department of inspections and appeals shall
 27020 certify all assisted living programs established through
 27030 nursing facility conversion grants.  The department of
 27040 inspections and appeals shall consult with conversion grant
 27050 applicants and recipients to establish and monitor occupancy
 27060 agreements and assisted living program residents shall be
 27070 allowed access to third-party payors.  
 27090                           DIVISION V
 27100                       HOSPITAL TRUST FUND
 27120    Sec. 52.  DEPARTMENT OF HUMAN SERVICES APPROPRIATION.
 27130 There is appropriated from the hospital trust fund created in
 27140 section 249I.4 to the department of human services for the
 27150 fiscal year beginning July 1, 2003, and ending June 30, 2004,
 27160 the following amount, or so much thereof as is necessary, to
 27170 be used for the purpose designated:
 27180    To supplement the medical assistance appropriation:  
 27200 .................................................. $ 15,000,000
 27220                           DIVISION VI
 27230           MEDICAL ASSISTANCE PROGRAM SUPPLEMENTATION
 27250    Sec. 53.  MEDICAL ASSISTANCE APPROPRIATION SUPPLEMENTATION
 27260 – FISCAL YEAR 2002-2003.  There is appropriated from the
 27270 following sources, to the department of human services, for
 27280 the fiscal year beginning July 1, 2002, and ending June 30,
 27290 2003, the following amounts, or so much thereof as is
 27300 necessary, to supplement the appropriations made for the
 27310 medical assistance program for that fiscal year:
 27320    1.  From the general fund of the state:  
 27340 .................................................. $ 41,535,000
 27360    2.  From the senior living trust fund created in section
 27370 249H.4:  
 27390 .................................................. $  9,465,000
 27410    3. From the hospital trust fund created in section 249I.4:  
 27430 .................................................. $  7,000,000
 27450    Sec. 54.  MEDICAL ASSISTANCE PROGRAM – REVERSION TO SENIOR
 27460 LIVING TRUST FUND FOR FY 2002-2003.  Notwithstanding section
 27470 8.33, if moneys appropriated in this division for
 27480 supplementation of the medical assistance program
 27490 appropriation for the fiscal year beginning July 1, 2002, and
 27500 ending June 30, 2003, from the general fund of the state, the
 27510 senior living trust fund, and the hospital trust fund are in
 27520 excess of actual expenditures for the medical assistance
 27530 program and remain unencumbered or unobligated at the close of
 27540 the fiscal year, the excess moneys shall not revert but shall
 27550 be transferred to the senior living trust fund created in
 27560 section 249H.4.
 27570    Sec. 55.  EFFECTIVE DATE.  This division of this Act, being
 27580 deemed of immediate importance, takes effect upon enactment.  
 27600                          DIVISION VII
 27610                 COMMISSION OF VETERANS AFFAIRS
 27630    Sec. 56.  COMMISSION OF VETERANS AFFAIRS.  There is
 27640 appropriated from the general fund of the state to the
 27650 commission of veterans affairs for the fiscal year beginning
 27660 July 1, 2003, and ending June 30, 2004, the following amounts,
 27670 or so much thereof as is necessary, to be used for the
 27680 purposes designated:
 27690    1.  COMMISSION OF VETERANS AFFAIRS ADMINISTRATION
 27700    For salaries, support, maintenance, miscellaneous purposes,
 27710 including the war orphans educational aid fund established
 27720 pursuant to chapter 35, and for not more than the following
 27730 full-time equivalent positions:  
 27750 .................................................. $    288,193
 27760 ............................................... FTEs       4.00
 27780    The commission of veterans affairs may use the gifts
 27790 accepted by the chairperson of the commission of veterans
 27800 affairs, or designee, and other resources available to the
 27810 commission for use at its Camp Dodge office.  The commission
 27820 shall report annually to the governor and the general assembly
 27830 on monetary gifts received by the commission for the Camp
 27840 Dodge office.
 27850    2.  IOWA VETERANS HOME
 27860    For salaries, support, maintenance, miscellaneous purposes,
 27870 and for not more than the following full-time equivalent
 27880 positions:  
 27900 .................................................. $ 14,205,741
 27910 ............................................... FTEs     843.50
 27930    a.  The Iowa veterans home may use the gifts accepted by
 27940 the chairperson of the commission of veterans affairs and
 27950 other resources available to the commission for use at the
 27960 Iowa veterans home.
 27970    b.  Any Iowa veterans home successor contractor shall not
 27980 consider employees of a state institution or facility to be
 27990 new employees for purposes of employee wages, health
 28000 insurance, or retirement benefits.
 28010    c.  The chairpersons and ranking members of the joint
 28020 appropriations subcommittee on health and human services or
 28030 successor subcommittee shall be notified by January 15 of any
 28040 calendar year during which a request for proposals is
 28050 anticipated to be issued regarding any Iowa veterans home
 28060 contract involving employment, for purposes of providing
 28070 legislative review and oversight.
 28080    d.  The Iowa veterans home shall operate with a net state
 28090 general fund appropriation.  The amount appropriated in this
 28100 subsection is the net amount of state moneys projected to be
 28110 needed for the Iowa veterans home.  The purposes of operating
 28120 with a net state general fund appropriation are to encourage
 28130 the Iowa veterans home to operate with increased self-
 28140 sufficiency, to improve quality and efficiency, and to support
 28150 collaborative efforts among all funders of services available
 28160 from the Iowa veterans home.  Moneys appropriated in this
 28170 subsection may be used throughout the fiscal year in the
 28180 manner necessary for purposes of cash flow management, and for
 28190 purposes of cash flow management the Iowa veterans home may
 28200 temporarily draw more than the amount appropriated, provided
 28210 the amount appropriated is not exceeded at the close of the
 28220 fiscal year.
 28230    e.  Revenues attributable to the Iowa veterans home for the
 28240 fiscal year beginning July 1, 2003, shall be deposited into
 28250 the Iowa veterans home account and shall be treated as
 28260 repayment receipts, including but not limited to all of the
 28270 following:
 28280    (1)  Federal veterans administration payments.
 28290    (2)  Medical assistance revenue received under chapter
 28300 249A.
 28310    (3)  Federal Medicare program payments.
 28320    (4)  Moneys received from client financial participation.
 28330    (5)  Other revenues generated from current, new, or
 28340 expanded services which the Iowa veterans home is authorized
 28350 to provide.
 28360    f.  For the purposes of allocating the salary adjustment
 28370 fund moneys appropriated in another Act, the Iowa veterans
 28380 home shall be considered to be funded entirely with state
 28390 moneys.
 28400    g.  Notwithstanding section 8.33, up to $500,000 of the
 28410 Iowa veterans home revenues that remain unencumbered or
 28420 unobligated at the close of the fiscal year shall not revert
 28430 but shall remain available to be used in the succeeding fiscal
 28440 year.
 28450    Sec. 57.  2002 Iowa Acts, Second Extraordinary Session,
 28460 chapter 1003, section 102, subsection 2, paragraph g, is
 28470 amended to read as follows:
 28480    g.  Notwithstanding section 8.33, up to $500,000 $1,000,000
 28490 of the Iowa veterans home revenues that remain unencumbered or
 28500 unobligated at the close of the fiscal year shall not revert
 28510 but shall remain available to be used in the succeeding fiscal
 28520 year.
 28530    Sec. 58.  EFFECTIVE DATE.  The section of this division of
 28540 this Act amending 2002 Iowa Acts, Second Extraordinary
 28550 Session, chapter 1003, section 102, being deemed of immediate
 28560 importance, takes effect upon enactment.  
 28580 
 28590 
 28600                                                             
 28610                               CHRISTOPHER C. RANTS
 28620                               Speaker of the House
 28630 
 28640 
 28650                                                             
 28660                               MARY E. KRAMER
 28670                               President of the Senate
 28680 
 28690    I hereby certify that this bill originated in the House and
 28700 is known as House File 667, Eightieth General Assembly.
 28710 
 28720 
 28730                                                             
 28740                               MARGARET THOMSON
 28750                               Chief Clerk of the House
 28760 Approved                , 2003
 28770 
 28780 
 28790                            
 28800 THOMAS J. VILSACK
 28810 Governor
     

Text: HF00666                           Text: HF00668
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