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Bills and Amendments: General Index     Bill History: General Index



House Study Bill 309

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                          ELDER AFFAIRS
  1  3    Section 1.  DEPARTMENT OF ELDER AFFAIRS.  There is
  1  4 appropriated from the general fund of the state to the
  1  5 department of elder affairs for the fiscal year beginning July
  1  6 1, 2003, and ending June 30, 2004, the following amount, or so
  1  7 much thereof as is necessary, to be used for the purposes
  1  8 designated:
  1  9    For aging programs for the department of elder affairs and
  1 10 area agencies on aging to provide citizens of Iowa who are 60
  1 11 years of age and older with case management for the frail
  1 12 elderly, the retired and senior volunteer program, resident
  1 13 advocate committee coordination, employment, and other
  1 14 services which may include, but are not limited to, adult day
  1 15 services, respite care, chore services, telephone reassurance,
  1 16 information and assistance, and home repair services,
  1 17 including the winterizing of homes, and for the construction
  1 18 of entrance ramps which make residences accessible to the
  1 19 physically handicapped, and for salaries, support,
  1 20 administration, maintenance, miscellaneous purposes, and for
  1 21 not more than the following full-time equivalent positions
  1 22 with the department of elder affairs:  
  1 23 .................................................. $  2,653,222
  1 24 ............................................... FTEs      25.50
  1 25    1.  Funds appropriated in this section may be used to
  1 26 supplement federal funds under federal regulations.  To
  1 27 receive funds appropriated in this section, a local area
  1 28 agency on aging shall match the funds with moneys from other
  1 29 sources according to rules adopted by the department.  Funds
  1 30 appropriated in this section may be used for elderly services
  1 31 not specifically enumerated in this section only if approved
  1 32 by an area agency on aging for provision of the service within
  1 33 the area.
  1 34    2.  Of the funds allocated under this section and any other
  1 35 state funds allocated for aging programs of the area agencies
  2  1 on aging not more than 7.5 percent of the total amount
  2  2 allocated shall be used for area agencies on aging
  2  3 administrative purposes.
  2  4    3.  It is the intent of the general assembly that the Iowa
  2  5 chapters of the Alzheimer's association and the case
  2  6 management program for the frail elderly shall collaborate and
  2  7 cooperate fully to assist families in maintaining family
  2  8 members with Alzheimer's disease in the community for the
  2  9 longest period of time possible.
  2 10    4.  The department shall maintain policies and procedures
  2 11 regarding Alzheimer's support and the retired and senior
  2 12 volunteer program.  
  2 13                           DIVISION II
  2 14                          PUBLIC HEALTH
  2 15    Sec. 2.  DEPARTMENT OF PUBLIC HEALTH.  There is
  2 16 appropriated from the general fund of the state to the Iowa
  2 17 department of public health for the fiscal year beginning July
  2 18 1, 2003, and ending June 30, 2004, the following amounts, or
  2 19 so much thereof as is necessary, to be used for the purposes
  2 20 designated:
  2 21    1.  ADDICTIVE DISORDERS
  2 22    For reducing the prevalence of use of tobacco, alcohol, and
  2 23 other drugs, and treating individuals affected by addictive
  2 24 behaviors, including gambling, and for not more than the
  2 25 following full-time equivalent positions:  
  2 26 .................................................. $  1,277,947
  2 27 ............................................... FTEs      13.75
  2 28    a.  The department shall continue to coordinate with
  2 29 substance abuse treatment and prevention providers regardless
  2 30 of funding source to assure the delivery of substance abuse
  2 31 treatment and prevention programs.
  2 32    b.  The commission on substance abuse, in conjunction with
  2 33 the department, shall continue to coordinate the delivery of
  2 34 substance abuse services involving prevention, social and
  2 35 medical detoxification, and other treatment by medical and
  3  1 nonmedical providers to uninsured and court-ordered substance
  3  2 abuse patients in all counties of the state.
  3  3    c.  The department and any grantee or subgrantee of the
  3  4 department shall not discriminate against a nongovernmental
  3  5 organization that provides substance abuse treatment and
  3  6 prevention services or applies for funding to provide those
  3  7 services on the basis that the organization has a religious
  3  8 character.  The department shall report to the governor and
  3  9 the general assembly on or before February 1, 2004, regarding
  3 10 the number of religious or other nongovernmental organizations
  3 11 that applied for funds in the preceding fiscal year, the
  3 12 amounts awarded to those organizations, and the basis for any
  3 13 refusal by the department or grantee or subgrantee of the
  3 14 department to award funds to any of those organizations that
  3 15 applied.
  3 16    2.  ADULT WELLNESS
  3 17    For maintaining or improving the health status of adults,
  3 18 with target populations between the ages of 18 through 60, and
  3 19 for not more than the following full-time equivalent
  3 20 positions:  
  3 21 .................................................. $    260,582
  3 22 ............................................... FTEs      23.85
  3 23    3.  CHILD AND ADOLESCENT WELLNESS
  3 24    For promoting the optimum health status for children and
  3 25 adolescents from birth through 21 years of age, and for not
  3 26 more than the following full-time equivalent positions:  
  3 27 .................................................. $    835,959
  3 28 ............................................... FTEs      44.15
  3 29    4.  CHRONIC CONDITIONS
  3 30    For serving individuals identified as having chronic
  3 31 conditions or special health care needs, and for not more than
  3 32 the following full-time equivalent positions:  
  3 33 .................................................. $  1,036,805
  3 34 ............................................... FTEs      11.15
  3 35    5.  COMMUNITY CAPACITY
  4  1    For strengthening the health care delivery system at the
  4  2 local level, and for not more than the following full-time
  4  3 equivalent positions:  
  4  4 .................................................. $  1,287,158
  4  5 ............................................... FTEs      25.10
  4  6    Of the funds appropriated in this subsection, $100,000 is
  4  7 allocated for a child vision screening program implemented
  4  8 through the university of Iowa hospitals and clinics in
  4  9 collaboration with community empowerment areas.
  4 10    6.  ELDERLY WELLNESS
  4 11    For optimizing the health of persons 60 years of age and
  4 12 older, and for not more than the following full-time
  4 13 equivalent positions:  
  4 14 .................................................. $  9,470,754
  4 15 ............................................... FTEs       4.35
  4 16    7.  ENVIRONMENTAL HAZARDS
  4 17    For reducing the public's exposure to hazards in the
  4 18 environment, primarily chemical hazards, and for not more than
  4 19 the following full-time equivalent positions:  
  4 20 .................................................. $    349,547
  4 21 ............................................... FTEs       8.50
  4 22    8.  INFECTIOUS DISEASES
  4 23    For reducing the incidence and prevalence of communicable
  4 24 diseases, and for not more than the following full-time
  4 25 equivalent positions:  
  4 26 .................................................. $    977,340
  4 27 ............................................... FTEs      36.90
  4 28    9.  INJURIES
  4 29    For providing support and protection to victims of abuse or
  4 30 injury, or programs that are designed to prevent abuse or
  4 31 injury, and for not more than the following full-time
  4 32 equivalent positions:  
  4 33 .................................................. $  1,412,918
  4 34 ............................................... FTEs       7.05
  4 35    Of the funds appropriated in this subsection, $660,000
  5  1 shall be credited to the emergency medical services fund
  5  2 created in section 135.25.
  5  3    10.  PUBLIC PROTECTION
  5  4    For protecting the health and safety of the public through
  5  5 establishing standards and enforcing regulations, and for not
  5  6 more than the following full-time equivalent positions:  
  5  7 .................................................. $  6,510,871
  5  8 ............................................... FTEs     147.10
  5  9    a.  The department may expend funds received from licensing
  5 10 fees in addition to amounts appropriated in this subsection,
  5 11 if those additional expenditures are directly the result of a
  5 12 scope of practice review committee unanticipated litigation
  5 13 costs arising from the discharge of an examining board's
  5 14 regulatory duties.  Before the department expends or encumbers
  5 15 funds for a scope of practice review committee or for an
  5 16 amount in excess of the funds budgeted for an examining board,
  5 17 the director of the department of management shall approve the
  5 18 expenditure or encumbrance.  The amounts necessary to fund any
  5 19 unanticipated litigation or scope of practice review committee
  5 20 expense in the fiscal year beginning July 1, 2003, shall not
  5 21 exceed 5 percent of the average annual fees generated by the
  5 22 boards for the previous two fiscal years.  The funds
  5 23 authorized for expenditure pursuant to this lettered paragraph
  5 24 are appropriated to the department for the purposes described
  5 25 in this paragraph.
  5 26    b.  For the fiscal year beginning July 1, 2003, the
  5 27 department shall retain fees collected from the certification
  5 28 of lead inspectors and lead abaters pursuant to section
  5 29 135.105A to support the certification program; and shall
  5 30 retain fees collected from the licensing, registration,
  5 31 authorization, accreditation, and inspection of x-ray machines
  5 32 used for mammographically guided breast biopsy, screening, and
  5 33 diagnostic mammography, pursuant to section 136C.10 to support
  5 34 the administration of the chapter.  The department may also
  5 35 retain fees collected pursuant to section 136C.10 on all
  6  1 shippers of radioactive material waste containers transported
  6  2 across Iowa if the department does not obtain funding to
  6  3 support the oversight and regulation of this activity, and for
  6  4 x-ray radiology examination fees collected by the department
  6  5 and reimbursed to a private organization conducting the
  6  6 examination.  Fees retained by the department pursuant to this
  6  7 lettered paragraph are appropriated to the department for the
  6  8 purposes described in this lettered paragraph.
  6  9    c.  The department may retain and expend not more than
  6 10 $297,961 for lease and maintenance expenses from fees
  6 11 collected pursuant to section 147.80 by the board of dental
  6 12 examiners, the board of pharmacy examiners, the board of
  6 13 medical examiners, and the board of nursing in the fiscal year
  6 14 beginning July 1, 2003, and ending June 30, 2004.  Fees
  6 15 retained by the department pursuant to this lettered paragraph
  6 16 are appropriated to the department for the purposes described
  6 17 in this lettered paragraph.
  6 18    d.  The department may retain and expend not more than
  6 19 $100,000 for reduction of the number of days necessary to
  6 20 process medical license requests and for reduction of the
  6 21 number of days needed for consideration of malpractice cases
  6 22 from fees collected pursuant to section 147.80 by the board of
  6 23 medical examiners in the fiscal year beginning July 1, 2003,
  6 24 and ending June 30, 2004.  Fees retained by the department
  6 25 pursuant to this lettered paragraph are appropriated to the
  6 26 department for the purposes described in this lettered
  6 27 paragraph.
  6 28    e.  If a person in the course of responding to an emergency
  6 29 renders aid to an injured person and becomes exposed to bodily
  6 30 fluids of the injured person, that emergency responder shall
  6 31 be entitled to hepatitis testing and immunization in
  6 32 accordance with the latest available medical technology to
  6 33 determine if infection with hepatitis has occurred.  The
  6 34 person shall be entitled to reimbursement from the funds
  6 35 appropriated in this subsection only if the reimbursement is
  7  1 not available through any employer or third-party payor.
  7  2    f.  The board of dental examiners may retain and expend not
  7  3 more than $148,060 from revenues generated pursuant to section
  7  4 147.80.  Fees retained by the board pursuant to this lettered
  7  5 paragraph are appropriated to the department to be used for
  7  6 the purposes of regulating dental assistants.
  7  7    g.  The board of medical examiners, the board of pharmacy
  7  8 examiners, the board of dental examiners, and the board of
  7  9 nursing shall prepare estimates of projected receipts to be
  7 10 generated by the licensing, certification, and examination
  7 11 fees of each board as well as a projection of the fairly
  7 12 apportioned administrative costs and rental expenses
  7 13 attributable to each board.  Each board shall annually review
  7 14 and adjust its schedule of fees so that, as nearly as
  7 15 possible, projected receipts equal projected costs.
  7 16    h.  The board of medical examiners, the board of pharmacy
  7 17 examiners, the board of dental examiners, and the board of
  7 18 nursing shall retain their individual executive officers, but
  7 19 are strongly encouraged to share administrative, clerical, and
  7 20 investigative staffs to the greatest extent possible.
  7 21    i.  For the fiscal year beginning July 1, 2003, the board
  7 22 of nursing may retain and expend 90 percent of the revenues
  7 23 generated from any increase in licensing fees pursuant to
  7 24 section 147.80 for purposes related to the state board's
  7 25 duties, including but not limited to addition of full-time
  7 26 equivalent positions.  Fees retained by the board pursuant to
  7 27 this lettered paragraph are appropriated to the board of
  7 28 nursing for the purposes described in this paragraph.
  7 29    11.  RESOURCE MANAGEMENT
  7 30    For establishing and sustaining the overall ability of the
  7 31 department to deliver services to the public, and for not more
  7 32 than the following full-time equivalent positions:  
  7 33 .................................................. $    666,717
  7 34 ............................................... FTEs      51.15
  7 35    12.  The university of Iowa hospitals and clinics under the
  8  1 control of the state board of regents shall not receive
  8  2 indirect costs from the funds appropriated in this section.
  8  3    13.  A local health care provider or nonprofit health care
  8  4 organization seeking grant moneys administered by the Iowa
  8  5 department of public health shall provide documentation that
  8  6 the provider or organization has coordinated its services with
  8  7 other local entities providing similar services.
  8  8    14.  a.  The department shall apply for available federal
  8  9 funds for sexual abstinence education programs.
  8 10    b.  It is the intent of the general assembly to comply with
  8 11 the United States Congress' intent to provide education that
  8 12 promotes abstinence from sexual activity outside of marriage
  8 13 and reduces pregnancies, by focusing efforts on those persons
  8 14 most likely to father and bear children out of wedlock.
  8 15    c.  Any sexual abstinence education program awarded moneys
  8 16 under the grant program shall meet the definition of
  8 17 abstinence education in the federal law.  Grantees shall be
  8 18 evaluated based upon the extent to which the abstinence
  8 19 program successfully communicates the goals set forth in the
  8 20 federal law.
  8 21    Sec. 3.  GAMBLING TREATMENT FUND – APPROPRIATION.
  8 22    1.  There is appropriated from funds available in the
  8 23 gambling treatment fund established in the office of the
  8 24 treasurer of state pursuant to section 99E.10 to the Iowa
  8 25 department of public health for the fiscal year beginning July
  8 26 1, 2003, and ending June 30, 2004, the following amount, or so
  8 27 much thereof as is necessary, to be used for the purpose
  8 28 designated:
  8 29    a.  Addictive disorders
  8 30    To be utilized for the benefit of persons with addictions:  
  8 31 .................................................. $  1,690,000
  8 32    b.  It is the intent of the general assembly that from the
  8 33 moneys appropriated in this section, persons with a dual
  8 34 diagnosis of substance abuse and gambling addictions shall be
  8 35 given priority in treatment services.
  9  1    c.  Gambling treatment program
  9  2    The funds remaining in the gambling treatment fund after
  9  3 the appropriation in paragraph "a" is made shall be used for
  9  4 funding of administrative costs and to provide programs which
  9  5 may include, but are not limited to, outpatient and follow-up
  9  6 treatment for persons affected by problem gambling,
  9  7 rehabilitation and residential treatment programs, information
  9  8 and referral services, education and preventive services, and
  9  9 financial management services.
  9 10    2.  For the fiscal year beginning July 1, 2003, and ending
  9 11 June 30, 2004, from the tax revenue received by the state
  9 12 racing and gaming commission pursuant to section 99D.15,
  9 13 subsections 1, 3, and 4, an amount equal to three-tenths of
  9 14 one percent of the gross sum wagered by the pari-mutuel method
  9 15 is to be deposited into the gambling treatment fund.
  9 16    Sec. 4.  VITAL RECORDS.  The vital records modernization
  9 17 project as enacted in 1993 Iowa Acts, chapter 55, section 1,
  9 18 as amended by 1994 Iowa Acts, chapter 1068, section 8, as
  9 19 amended by 1997 Iowa Acts, chapter 203, section 9, 1998 Iowa
  9 20 Acts, chapter 1221, section 9, and 1999 Iowa Acts, chapter
  9 21 201, section 17, and as continued by 2000 Iowa Acts, chapter
  9 22 1222, section 10, 2001 Iowa Acts, chapter 182, section 13, and
  9 23 2002 Iowa Acts, Second Extraordinary Session, chapter 1003,
  9 24 section 104, shall be extended until June 30, 2004, and the
  9 25 increased fees to be collected pursuant to that project shall
  9 26 continue to be collected and are appropriated to the Iowa
  9 27 department of public health until June 30, 2004.
  9 28    Sec. 5.  SCOPE OF PRACTICE REVIEW PROJECT.  The scope of
  9 29 practice review committee pilot project as enacted in 1997
  9 30 Iowa Acts, chapter 203, section 6, and as continued by 2002
  9 31 Iowa Acts, Second Extraordinary Session, chapter 1003, section
  9 32 107, shall be extended until June 30, 2004.  The Iowa
  9 33 department of public health shall submit an annual progress
  9 34 report to the governor and the general assembly by January 15
  9 35 and shall include any recommendations for legislative action
 10  1 as a result of review committee activities.  The department
 10  2 may contract with a school or college of public health in Iowa
 10  3 to assist in implementing the project.
 10  4    Sec. 6.  HEALTH CARE ACCESS PARTNERSHIP PILOT PROJECT.
 10  5    1.  The director of public health shall establish a health
 10  6 care access partnership pilot project in a county with a
 10  7 population of more than 250,000 for a two-year period.  The
 10  8 director shall adopt rules as necessary to establish and
 10  9 administer the pilot project.  In adopting rules, the director
 10 10 shall consult with persons and agencies who may be involved
 10 11 with a health care access partnership and with the department
 10 12 of human services.
 10 13    2.  The purpose of the health care access partnership pilot
 10 14 project is to implement systems of health care services for
 10 15 low-income persons or persons without health insurance
 10 16 coverage, and others, by enhancing collaboration between
 10 17 persons and agencies providing charity care or services under
 10 18 the medical assistance program.
 10 19    3.  The elements of the partnership pilot project shall
 10 20 include but are not limited to all of the following:
 10 21    a.  A person participating in the partnership may be a
 10 22 public, private, for-profit, or nonprofit entity.
 10 23    b.  Participation provisions shall be outlined in a written
 10 24 agreement between those participating.  If authorized under
 10 25 chapter 28E, a chapter 28E agreement may be utilized for all
 10 26 or a portion of the participant provisions.
 10 27    c.  If a participant in the partnership is a medical
 10 28 assistance program provider, the participant must be a medical
 10 29 assistance program provider in good standing and must accept
 10 30 medical assistance reimbursement as full payment for any
 10 31 service provided.  Unless expressly prohibited by the federal
 10 32 government, a medical assistance program provider offering
 10 33 services in the area served by the partnership shall be
 10 34 required to participate in the partnership as a condition of
 10 35 participation in the medical assistance program.
 11  1    d.  Participants shall be authorized to share confidential
 11  2 information if the sharing is in the best interests of a
 11  3 client and the client has provided written authorization for
 11  4 the information sharing.  If it is determined that the optimal
 11  5 approach for the information sharing is for the participants
 11  6 to establish a multidisciplinary community services team under
 11  7 section 331.909, notwithstanding section 331.909, subsection
 11  8 4, the participants may disclose information other than oral
 11  9 information with one another.
 11 10    e.  A referral process among the participants shall be
 11 11 established.
 11 12    f.  The geographic area to be served by those participating
 11 13 in the agreement shall be identified in the agreement and may
 11 14 encompass the entire county.
 11 15    g.  Provision shall be made for receipt and expenditure of
 11 16 funding for the joint purposes of those participating or for
 11 17 clients of those participating and for receiving and expending
 11 18 funding received from foundations, grants, or other revenue
 11 19 sources.
 11 20    h.  Provision to allow the partnership to form any
 11 21 governance structure that is appropriate to the purposes of
 11 22 the partnership and that meets all federal or state statutory
 11 23 requirements for the specific elements of the partnership's
 11 24 charter.
 11 25    4.  If administrative rules are necessary to implement the
 11 26 provisions of this section, the initial rules shall be adopted
 11 27 on or before September 1, 2003.  The director of public health
 11 28 may adopt the initial rules as emergency rules under section
 11 29 17A.4, subsection 2, and section 17A.5, subsection 2,
 11 30 paragraph "b", and the rules shall be effective immediately
 11 31 upon filing unless the effective date is delayed by the
 11 32 administrative rules review committee, notwithstanding section
 11 33 17A.4, subsection 5, and section 17A.8, subsection 9, or a
 11 34 later date is specified in the rules.  Any rules adopted in
 11 35 accordance with this subsection shall not take effect before
 12  1 the administrative rules review committee reviews the rules.
 12  2 Any rules adopted in accordance with this subsection shall
 12  3 also be published as a notice of intended action as provided
 12  4 in section 17A.4.  
 12  5                          DIVISION III
 12  6                         HUMAN SERVICES
 12  7    Sec. 7.  TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
 12  8 GRANT.  There is appropriated from the fund created in section
 12  9 8.41 to the department of human services for the fiscal year
 12 10 beginning July 1, 2003, and ending June 30, 2004, from moneys
 12 11 received under the federal temporary assistance for needy
 12 12 families block grant pursuant to the federal Personal
 12 13 Responsibility and Work Opportunity Reconciliation Act of
 12 14 1996, Pub. L. No. 104-193 and successor legislation, which are
 12 15 federally appropriated for the federal fiscal years beginning
 12 16 October 1, 2002, and ending September 30, 2003, and beginning
 12 17 October 1, 2003, and ending September 30, 2004, the following
 12 18 amounts, or so much thereof as is necessary, to be used for
 12 19 the purposes designated:
 12 20    If the federal government appropriation received for Iowa's
 12 21 portion of the federal temporary assistance for needy families
 12 22 block grant amounts for the federal fiscal years beginning
 12 23 October 1, 2002, and ending September 30, 2003, and beginning
 12 24 October 1, 2003, and ending September 30, 2004, are less than
 12 25 $131,524,959, it is the intent of the general assembly to act
 12 26 expeditiously during the 2004 legislative session to adjust
 12 27 appropriations or take other actions to address the reduced
 12 28 amount.  Moneys appropriated in this section shall be used in
 12 29 accordance with the federal law making the funds available,
 12 30 applicable Iowa law, appropriations made from the general fund
 12 31 of the state in this Act for the purpose designated, and
 12 32 administrative rules adopted to implement the federal and Iowa
 12 33 law:
 12 34    1.  To be credited to the family investment program account
 12 35 and used for assistance under the family investment program
 13  1 under chapter 239B:  
 13  2 .................................................. $ 51,492,790
 13  3    2.  To be credited to the family investment program account
 13  4 and used for the job opportunities and basic skills (JOBS)
 13  5 program, and implementing family investment agreements, in
 13  6 accordance with chapter 239B:  
 13  7 .................................................. $ 13,412,794
 13  8    3.  For field operations:  
 13  9 .................................................. $ 14,152,174
 13 10    4.  For general administration:  
 13 11 .................................................. $  3,238,614
 13 12    5.  For local administrative costs:  
 13 13 .................................................. $  2,122,982
 13 14    6.  For state child care assistance:  
 13 15 .................................................. $ 21,145,765
 13 16    a.  Of the funds appropriated in this subsection, $200,000
 13 17 shall be used for provision of educational opportunities to
 13 18 registered child care home providers in order to improve
 13 19 services and programs offered by this category of providers
 13 20 and to increase the number of providers.  The department may
 13 21 contract with institutions of higher education or child care
 13 22 resource and referral centers to provide the educational
 13 23 opportunities.  Allowable administrative costs under the
 13 24 contracts shall not exceed 5 percent.  The application for a
 13 25 grant shall not exceed two pages in length.
 13 26    b.  Of the funds appropriated in this subsection, the
 13 27 maximum amount allowed under Pub. L. No. 104-193 and successor
 13 28 legislation shall be transferred to the child care and
 13 29 development block grant appropriation.  Funds appropriated in
 13 30 this subsection that remain following the transfer shall be
 13 31 used to provide direct spending for the child care needs of
 13 32 working parents in families eligible for the family investment
 13 33 program.
 13 34    7.  For the parental involvement program established in
 13 35 section 217A.1, if enacted by this Act:  
 14  1 .................................................. $     35,000
 14  2    8.  For mental health and developmental disabilities
 14  3 community services:  
 14  4 .................................................. $  4,349,266
 14  5    9.  For child and family services:  
 14  6 .................................................. $ 25,256,571
 14  7    10.  For child abuse prevention grants:  
 14  8 .................................................. $    250,000
 14  9    11.  For pregnancy prevention grants on the condition that
 14 10 family planning services are funded:  
 14 11 .................................................. $  2,514,413
 14 12    a.  Pregnancy prevention grants shall be awarded to
 14 13 programs in existence on or before July 1, 2003, if the
 14 14 programs are comprehensive in scope and have demonstrated
 14 15 positive outcomes.  Grants shall be awarded to pregnancy
 14 16 prevention programs which are developed after July 1, 2003, if
 14 17 the programs are comprehensive in scope and are based on
 14 18 existing models that have demonstrated positive outcomes.
 14 19 Grants shall comply with the requirements provided in 1997
 14 20 Iowa Acts, chapter 208, section 14, subsections 1 and 2,
 14 21 including the requirement that grant programs must emphasize
 14 22 sexual abstinence.  Priority in the awarding of grants shall
 14 23 be given to programs that serve areas of the state which
 14 24 demonstrate the highest percentage of unplanned pregnancies of
 14 25 females age 13 or older but younger than age 18 within the
 14 26 geographic area to be served by the grant.
 14 27    b.  In addition to the full-time equivalent positions
 14 28 funded in this Act, the department may use a portion of the
 14 29 funds appropriated in this subsection to employ an employee in
 14 30 up to 1.00 FTE for the administration of programs specified in
 14 31 this subsection.
 14 32    12.  For technology needs and other resources necessary to
 14 33 meet federal welfare reform reporting, tracking, and case
 14 34 management requirements:  
 14 35 .................................................. $  1,037,186
 15  1    13.  For volunteers:  
 15  2 .................................................. $     42,663
 15  3    14.  For the healthy opportunities for parents to
 15  4 experience success (HOPES) program administered by the Iowa
 15  5 department of public health to target child abuse prevention:  
 15  6 .................................................. $    200,000
 15  7    15.  To be credited to the state child care assistance
 15  8 appropriation made in this section to be used for funding of
 15  9 community-based early childhood programs targeted to children
 15 10 from birth through five years of age, developed by community
 15 11 empowerment areas as provided in this subsection:  
 15 12 .................................................. $  7,350,000
 15 13    a.  The department may transfer federal temporary
 15 14 assistance for needy families block grant funding appropriated
 15 15 and allocated in this subsection to the child care and
 15 16 development block grant appropriation in accordance with
 15 17 federal law as necessary to comply with the provisions of this
 15 18 subsection.  The funding shall then be provided to community
 15 19 empowerment areas for the fiscal year beginning July 1, 2003,
 15 20 in accordance with all of the following:
 15 21    (1)  The area must be approved as a designated community
 15 22 empowerment area by the Iowa empowerment board.
 15 23    (2)  The maximum funding amount a community empowerment
 15 24 area is eligible to receive shall be determined by applying
 15 25 the area's percentage of the state's average monthly family
 15 26 investment program population in the preceding fiscal year to
 15 27 the total amount appropriated for fiscal year 2003-2004 from
 15 28 the TANF block grant to fund community-based programs targeted
 15 29 to children from birth through five years of age developed by
 15 30 community empowerment areas.
 15 31    (3)  A community empowerment area receiving funding shall
 15 32 comply with any federal reporting requirements associated with
 15 33 the use of that funding and other results and reporting
 15 34 requirements established by the Iowa empowerment board.  The
 15 35 department shall provide technical assistance in identifying
 16  1 and meeting the federal requirements.
 16  2    (4)  The availability of funding provided under this
 16  3 subsection is subject to changes in federal requirements and
 16  4 amendments to Iowa law.
 16  5    b.  The moneys distributed in accordance with this
 16  6 subsection shall be used by communities for the purposes of
 16  7 enhancing quality child care capacity in support of parent
 16  8 capability to obtain or retain employment.  The moneys shall
 16  9 be used with a primary emphasis on low-income families and
 16 10 children from birth to five years of age.  Moneys shall be
 16 11 provided in a flexible manner to communities, and shall be
 16 12 used to implement strategies identified by the communities to
 16 13 achieve such purposes.  In addition to the full-time
 16 14 equivalent positions funded in this division of this Act, 1.00
 16 15 FTE position is authorized and the department may use funding
 16 16 appropriated in this subsection for provision of technical
 16 17 assistance and other support to communities developing and
 16 18 implementing strategies with moneys distributed in accordance
 16 19 with this subsection.
 16 20    c.  Moneys that are subject to this subsection which are
 16 21 not distributed to a community empowerment area or otherwise
 16 22 remain unobligated or unexpended at the end of the fiscal year
 16 23 shall revert to the fund created in section 8.41 to be
 16 24 available for appropriation by the general assembly in a
 16 25 subsequent fiscal year.
 16 26    Of the amounts appropriated in this section, $11,612,112
 16 27 for the fiscal year beginning July 1, 2003, shall be
 16 28 transferred to the appropriation of the federal social
 16 29 services block grant for that fiscal year.  If the federal
 16 30 government revises requirements to reduce the amount that may
 16 31 be transferred to the federal social services block grant, it
 16 32 is the intent of the general assembly to act expeditiously
 16 33 during the 2004 legislative session to adjust appropriations
 16 34 or the transfer amount or take other actions to address the
 16 35 reduced amount.
 17  1    Eligible funding available under the federal temporary
 17  2 assistance for needy families block grant that is not
 17  3 appropriated or not otherwise expended shall be considered
 17  4 reserved for economic downturns and welfare reform purposes
 17  5 and is subject to further state appropriation to support
 17  6 families in their movement toward self-sufficiency.
 17  7    Federal funding received that is designated for activities
 17  8 supporting marriage or two-parent families is appropriated to
 17  9 the Iowa marriage initiative grant fund created in section
 17 10 234.45.
 17 11    Sec. 8.  FAMILY INVESTMENT PROGRAM ACCOUNT.
 17 12    1.  Moneys credited to the family investment program (FIP)
 17 13 account for the fiscal year beginning July 1, 2003, and ending
 17 14 June 30, 2004, shall be used in accordance with the following
 17 15 requirements:
 17 16    a.  The department of human services shall provide
 17 17 assistance in accordance with chapter 239B.
 17 18    b.  The department shall continue the special needs program
 17 19 under the family investment program.
 17 20    c.  The department shall continue to comply with federal
 17 21 welfare reform data requirements pursuant to the
 17 22 appropriations made for that purpose.
 17 23    d.  The department shall continue expansion of the
 17 24 electronic benefit transfer program as necessary to comply
 17 25 with federal food stamp benefit requirements.  The target date
 17 26 for statewide implementation of the program is October 1,
 17 27 2003.
 17 28    2.  The department may use a portion of the moneys credited
 17 29 to the family investment account under this section, as
 17 30 necessary for salaries, support, maintenance, and
 17 31 miscellaneous purposes for not more than the following full-
 17 32 time equivalent positions which are in addition to any other
 17 33 full-time equivalent positions authorized by this Act:  
 17 34 ............................................... FTEs       8.00
 17 35    3.  The department may transfer funds in accordance with
 18  1 section 8.39, either federal or state, to or from the child
 18  2 care appropriations made for the fiscal year beginning July 1,
 18  3 2003, if the department deems this would be a more effective
 18  4 method of paying for JOBS program child care, to maximize
 18  5 federal funding, or to meet federal maintenance of effort
 18  6 requirements.
 18  7    4.  Moneys appropriated in this Act and credited to the
 18  8 family investment program account for the fiscal year
 18  9 beginning July 1, 2003, and ending June 30, 2004, are
 18 10 allocated as follows:
 18 11    a.  For the family development and self-sufficiency grant
 18 12 program as provided under section 217.12:  
 18 13 .................................................. $  5,133,042
 18 14    (1)  Of the funds allocated for the family development and
 18 15 self-sufficiency grant program in this lettered paragraph, not
 18 16 more than 5 percent of the funds shall be used for the
 18 17 administration of the grant program.
 18 18    (2)  Based upon the annual evaluation report concerning
 18 19 each grantee funded by previously appropriated funds and
 18 20 through the solicitation of additional grant proposals, the
 18 21 family development and self-sufficiency council may use the
 18 22 allocated funds to renew or expand existing grants or award
 18 23 new grants.  In utilizing the funding allocated in this
 18 24 lettered paragraph, the council shall give consideration, in
 18 25 addition to other criteria established by the council, to a
 18 26 grantee's intended use of local funds with a grant and to
 18 27 whether approval of a grant proposal would expand the
 18 28 availability of the program's services.
 18 29    (3)  The department may continue to implement the family
 18 30 development and self-sufficiency grant program statewide
 18 31 during FY 2003-2004.
 18 32    b.  For the diversion subaccount of the family investment
 18 33 program account:  
 18 34 .................................................. $  2,814,000
 18 35    (1)  Moneys allocated to the diversion subaccount shall be
 19  1 used to implement FIP diversion statewide while continuing the
 19  2 local flexibility in program design.  A family that meets
 19  3 income eligibility requirements for the family investment
 19  4 program may receive a one-time payment to remedy an immediate
 19  5 need in order to permit the family to maintain self-
 19  6 sufficiency without providing ongoing cash assistance.  A FIP
 19  7 participant family may receive diversion assistance to
 19  8 overcome barriers to obtaining employment and to assist in
 19  9 stabilizing employment reducing the likelihood of the family
 19 10 leaving FIP more quickly.  The department shall assess and
 19 11 screen individuals who would most likely benefit from the
 19 12 assistance.  In addition to the full-time equivalent positions
 19 13 authorized in this Act, 1.00 FTE is authorized for purposes of
 19 14 diversion.  The department may adopt additional eligibility
 19 15 criteria as necessary for compliance with federal law and for
 19 16 screening those families who would be most likely to become
 19 17 eligible for FIP if diversion incentives would not be
 19 18 provided.
 19 19    (2)  A portion of the moneys allocated for the subaccount
 19 20 may be used for field operations salaries, data management
 19 21 system development, and implementation costs and support
 19 22 deemed necessary by the director of human services in order to
 19 23 administer the FIP diversion program.
 19 24    (3)  Of the funds allocated in this lettered paragraph, not
 19 25 more than $250,000 shall be used to develop or continue
 19 26 community-level parental obligation pilot projects.  The
 19 27 requirements established under 2001 Iowa Acts, chapter 191,
 19 28 section 3, subsection 5, paragraph "c", subparagraph (3),
 19 29 shall remain applicable to the parental obligation pilot
 19 30 projects for fiscal year 2003-2004.
 19 31    c.  For the food stamp employment and training program:  
 19 32 .................................................. $     63,000
 19 33    5.  Of the child support collections assigned under the
 19 34 family investment program, an amount equal to the federal
 19 35 share of support collections shall be credited to the child
 20  1 support recovery appropriation.  Of the remainder of the
 20  2 assigned child support collections received by the child
 20  3 support recovery unit, a portion shall be credited to the
 20  4 family investment program account and a portion may be used to
 20  5 increase recoveries.
 20  6    6.  For the fiscal year beginning July 1, 2003, the
 20  7 department shall continue the process for the state to receive
 20  8 refunds of utility and rent deposits, including any accrued
 20  9 interest, for emergency assistance program recipients which
 20 10 were paid by persons other than the state.  The department
 20 11 shall also receive refunds, including any accrued interest, of
 20 12 assistance paid with funding available under this program.
 20 13 The refunds received by the department shall be credited to
 20 14 the family investment program (FIP) account to offset FIP cash
 20 15 grants expended in the same year.  Notwithstanding section
 20 16 8.33, moneys received by the department under this subsection
 20 17 which remain after the emergency assistance program is
 20 18 terminated and state or federal moneys in the emergency
 20 19 assistance account which remain unobligated or unexpended at
 20 20 the close of the fiscal year beginning July 1, 2003, shall not
 20 21 revert to any other fund but shall be credited to the family
 20 22 investment program account.
 20 23    7.  The department may adopt emergency administrative rules
 20 24 for the family investment, food stamp, and medical assistance
 20 25 programs, if necessary, to comply with federal requirements.
 20 26 Prior to adoption of the rules, the department shall consult
 20 27 with the welfare reform council and the chairpersons and
 20 28 ranking members of the joint appropriations subcommittee on
 20 29 health and human services.
 20 30    8.  The department may continue the initiative to
 20 31 streamline and simplify the employer verification process for
 20 32 applicants, participants, and employers in the administration
 20 33 of the department's programs.  The department may contract
 20 34 with companies collecting data from employers when the
 20 35 information is needed in the administration of these programs.
 21  1 The department may limit the availability of the initiative on
 21  2 the basis of geographic area or number of individuals.
 21  3    Sec. 9.  FAMILY INVESTMENT PROGRAM GENERAL FUND.  There is
 21  4 appropriated from the general fund of the state to the
 21  5 department of human services for the fiscal year beginning
 21  6 July 1, 2003, and ending June 30, 2004, the following amount,
 21  7 or so much thereof as is necessary, to be used for the purpose
 21  8 designated:
 21  9    To be credited to the family investment program account and
 21 10 used for family investment program assistance under chapter
 21 11 239B:  
 21 12 .................................................. $ 36,187,879
 21 13    1.  The department of workforce development, in
 21 14 consultation with the department of human services, shall
 21 15 continue to utilize recruitment and employment practices to
 21 16 include former and current family investment program
 21 17 recipients.
 21 18    2.  The department of human services shall continue to work
 21 19 with the department of workforce development and local
 21 20 community collaborative efforts to provide support services
 21 21 for family investment program participants.  The support
 21 22 services shall be directed to those participant families who
 21 23 would benefit from the support services and are likely to have
 21 24 success in achieving economic independence.
 21 25    3.  Of the funds appropriated in this section, $9,274,143
 21 26 is allocated for the JOBS program.
 21 27    4.  The department shall continue to work with religious
 21 28 organizations and other charitable institutions to increase
 21 29 the availability of host homes, referred to as second chance
 21 30 homes or other living arrangements under the federal Personal
 21 31 Responsibility and Work Opportunity Reconciliation Act of
 21 32 1996, Pub. L. No. 104-193, } 103.  The purpose of the homes or
 21 33 arrangements is to provide a supportive and supervised living
 21 34 arrangement for minor parents receiving assistance under the
 21 35 family investment program who, under chapter 239B, may receive
 22  1 assistance while living in an alternative setting other than
 22  2 with their parent or legal guardian.
 22  3    Sec. 10.  CHILD SUPPORT RECOVERY.  There is appropriated
 22  4 from the general fund of the state to the department of human
 22  5 services for the fiscal year beginning July 1, 2003, and
 22  6 ending June 30, 2004, the following amount, or so much thereof
 22  7 as is necessary, to be used for the purposes designated:
 22  8    For child support recovery, including salaries, support,
 22  9 maintenance, and miscellaneous purposes and for not more than
 22 10 the following full-time equivalent positions:  
 22 11 .................................................. $  5,482,793
 22 12 ............................................... FTEs     405.00
 22 13    1.  The director of human services, within the limitations
 22 14 of the moneys appropriated in this section, or moneys
 22 15 transferred from the family investment program account for
 22 16 this purpose, shall establish new positions and add employees
 22 17 to the child support recovery unit if the director determines
 22 18 that both the current and additional employees together can
 22 19 reasonably be expected to maintain or increase net state
 22 20 revenue at or beyond the budgeted level.
 22 21    2.  Nonpublic assistance application fees and other user
 22 22 fees received by the child support recovery unit are
 22 23 appropriated and shall be used for the purposes of the child
 22 24 support recovery program.  The director of human services may
 22 25 add positions within the limitations of the amount
 22 26 appropriated for salaries and support for the positions.
 22 27    3.  The director of human services, in consultation with
 22 28 the department of management and the legislative fiscal
 22 29 committee, is authorized to receive and deposit state child
 22 30 support incentive earnings in the manner specified under
 22 31 applicable federal requirements.
 22 32    4.  a.  The director of human services may establish new
 22 33 positions and add state employees to the child support
 22 34 recovery unit or contract for delivery of services if the
 22 35 director determines the employees are necessary to replace
 23  1 county-funded positions eliminated due to termination,
 23  2 reduction, or nonrenewal of a chapter 28E contract.  However,
 23  3 the director must also determine that the resulting increase
 23  4 in the state share of child support recovery incentives
 23  5 exceeds the cost of the positions or contract, the positions
 23  6 or contract are necessary to ensure continued federal funding
 23  7 of the program, or the new positions or contract can
 23  8 reasonably be expected to recover at least twice the amount of
 23  9 money necessary to pay the salaries and support for the new
 23 10 positions or the contract will generate at least 200 percent
 23 11 of the cost of the contract.
 23 12    b.  Employees in full-time positions that transition from
 23 13 county government to state government employment under this
 23 14 subsection are exempt from testing, selection, and appointment
 23 15 provisions of chapter 19A and from the provisions of
 23 16 collective bargaining agreements relating to the filling of
 23 17 vacant positions.
 23 18    5.  Surcharges paid by obligors and received by the unit as
 23 19 a result of the referral of support delinquency by the child
 23 20 support recovery unit to any private collection agency are
 23 21 appropriated to the department and shall be used to pay the
 23 22 costs of any contracts with the collection agencies.
 23 23    6.  The department shall expend up to $31,000, including
 23 24 federal financial participation, for the fiscal year beginning
 23 25 July 1, 2003, for a child support public awareness campaign.
 23 26 The department and the office of the attorney general shall
 23 27 cooperate in continuation of the campaign.  The public
 23 28 awareness campaign shall emphasize, through a variety of media
 23 29 activities, the importance of maximum involvement of both
 23 30 parents in the lives of their children as well as the
 23 31 importance of payment of child support obligations.
 23 32    7.  Federal access and visitation grant moneys shall be
 23 33 issued directly to private not-for-profit agencies that
 23 34 provide services designed to increase compliance with the
 23 35 child access provisions of court orders, including but not
 24  1 limited to neutral visitation site and mediation services.
 24  2    Sec. 11.  MEDICAL ASSISTANCE.  There is appropriated from
 24  3 the general fund of the state to the department of human
 24  4 services for the fiscal year beginning July 1, 2003, and
 24  5 ending June 30, 2004, the following amount, or so much thereof
 24  6 as is necessary, to be used for the purpose designated:
 24  7    For medical assistance reimbursement and associated costs
 24  8 as specifically provided in the reimbursement methodologies in
 24  9 effect on June 30, 2003, except as otherwise expressly
 24 10 authorized by law, including reimbursement for abortion
 24 11 services, which shall be available under the medical
 24 12 assistance program only for those abortions which are
 24 13 medically necessary:  
 24 14 .................................................. $357,486,073
 24 15    1.  Medically necessary abortions are those performed under
 24 16 any of the following conditions:
 24 17    a.  The attending physician certifies that continuing the
 24 18 pregnancy would endanger the life of the pregnant woman.
 24 19    b.  The attending physician certifies that the fetus is
 24 20 physically deformed, mentally deficient, or afflicted with a
 24 21 congenital illness.
 24 22    c.  The pregnancy is the result of a rape which is reported
 24 23 within 45 days of the incident to a law enforcement agency or
 24 24 public or private health agency which may include a family
 24 25 physician.
 24 26    d.  The pregnancy is the result of incest which is reported
 24 27 within 150 days of the incident to a law enforcement agency or
 24 28 public or private health agency which may include a family
 24 29 physician.
 24 30    e.  Any spontaneous abortion, commonly known as a
 24 31 miscarriage, if not all of the products of conception are
 24 32 expelled.
 24 33    2.  Notwithstanding section 8.39, the department may
 24 34 transfer funds appropriated in this section to a separate
 24 35 account established in the department's case management unit
 25  1 for expenditures required to provide case management services
 25  2 for mental health, mental retardation, and developmental
 25  3 disabilities services under medical assistance which are
 25  4 jointly funded by the state and county, pending final
 25  5 settlement of the expenditures.  Funds received by the case
 25  6 management unit in settlement of the expenditures shall be
 25  7 used to replace the transferred funds and are available for
 25  8 the purposes for which the funds were appropriated in this
 25  9 section.
 25 10    3.  a.  The county of legal settlement shall be billed for
 25 11 50 percent of the nonfederal share of the cost of case
 25 12 management provided for adults, day treatment, and partial
 25 13 hospitalization in accordance with sections 249A.26 and
 25 14 249A.27, and 100 percent of the nonfederal share of the cost
 25 15 of care for adults which is reimbursed under a federally
 25 16 approved home and community-based waiver that would otherwise
 25 17 be approved for provision in an intermediate care facility for
 25 18 persons with mental retardation, provided under the medical
 25 19 assistance program.  The state shall have responsibility for
 25 20 the remaining 50 percent of the nonfederal share of the cost
 25 21 of case management provided for adults, day treatment, and
 25 22 partial hospitalization.  For persons without a county of
 25 23 legal settlement, the state shall have responsibility for 100
 25 24 percent of the nonfederal share of the costs of case
 25 25 management provided for adults, day treatment, partial
 25 26 hospitalization, and the home and community-based waiver
 25 27 services.  The case management services specified in this
 25 28 subsection shall be billed to a county only if the services
 25 29 are provided outside of a managed care contract.
 25 30    b.  The state shall pay the entire nonfederal share of the
 25 31 costs for case management services provided to persons 17
 25 32 years of age and younger who are served in a medical
 25 33 assistance home and community-based waiver program for persons
 25 34 with mental retardation.
 25 35    c.  Medical assistance funding for case management services
 26  1 for eligible persons 17 years of age and younger shall also be
 26  2 provided to persons residing in counties with child welfare
 26  3 decategorization projects implemented in accordance with
 26  4 section 232.188, provided these projects have included these
 26  5 persons in their service plan and the decategorization project
 26  6 county is willing to provide the nonfederal share of costs.
 26  7    d.  When paying the necessary and legal expenses of
 26  8 intermediate care facilities for persons with mental
 26  9 retardation (ICFMR), the cost payment requirements of section
 26 10 222.60 shall be considered fulfilled when payment is made in
 26 11 accordance with the medical assistance payment rates
 26 12 established for ICFMRs by the department and the state or a
 26 13 county of legal settlement is not obligated for any amount in
 26 14 excess of the rates.
 26 15    e.  Unless a county has paid or is paying for the
 26 16 nonfederal share of the cost of a person's home and community-
 26 17 based waiver services or ICFMR placement under the county's
 26 18 mental health, mental retardation, and developmental
 26 19 disabilities services fund, or unless a county of legal
 26 20 settlement would become liable for the costs of services at
 26 21 the ICFMR level of care for a person due to the person
 26 22 reaching the age of majority, the state shall pay the
 26 23 nonfederal share of the costs of an eligible person's services
 26 24 under the home and community-based waiver for persons with
 26 25 brain injury.
 26 26    4.  The department shall utilize not more than $60,000 of
 26 27 the funds appropriated in this section to continue the
 26 28 AIDS/HIV health insurance premium payment program as
 26 29 established in 1992 Iowa Acts, Second Extraordinary Session,
 26 30 chapter 1001, section 409, subsection 6.  Of the funds
 26 31 allocated in this subsection, not more than $5,000 may be
 26 32 expended for administrative purposes.
 26 33    5.  Of the funds appropriated to the Iowa department of
 26 34 public health for substance abuse grants, $950,000 for the
 26 35 fiscal year beginning July 1, 2003, shall be transferred to
 27  1 the department of human services for an integrated substance
 27  2 abuse managed care system.
 27  3    6.  In administering the medical assistance home and
 27  4 community-based waivers, the total number of openings for
 27  5 persons with physical disabilities served at any one time
 27  6 shall be limited to the number approved for a waiver by the
 27  7 secretary of the United States department of health and human
 27  8 services.  The openings shall be available on a first-come,
 27  9 first-served basis.
 27 10    7.  The department of human services, in consultation with
 27 11 the Iowa department of public health and the department of
 27 12 education, shall continue the program to utilize the early and
 27 13 periodic screening, diagnosis, and treatment (EPSDT) funding
 27 14 under medical assistance, to the extent possible, to implement
 27 15 the screening component of the EPSDT program through the
 27 16 school system.  The department may enter into contracts to
 27 17 utilize maternal and child health centers, the public health
 27 18 nursing program, or school nurses in implementing this
 27 19 provision.
 27 20    8.  The department shall continue working with county
 27 21 representatives in aggressively implementing the
 27 22 rehabilitation option for services to persons with chronic
 27 23 mental illness under the medical assistance program, and
 27 24 county funding shall be used to provide the match for the
 27 25 federal funding, except for individuals with state case
 27 26 status, for whom state funding shall provide the match.
 27 27    9.  If the federal centers for Medicare and Medicaid
 27 28 services approves a waiver request from the department, the
 27 29 department shall provide a period of 24 months of guaranteed
 27 30 eligibility for medical assistance family planning services,
 27 31 regardless of the change in circumstances of a woman who was a
 27 32 medical assistance recipient when a pregnancy ended.
 27 33    10.  The department shall aggressively pursue options for
 27 34 providing medical assistance or other assistance to
 27 35 individuals with special needs who become ineligible to
 28  1 continue receiving services under the early and periodic,
 28  2 screening, diagnosis, and treatment program under the medical
 28  3 assistance program due to becoming 21 years of age, who have
 28  4 been approved for additional assistance through the
 28  5 department's exception to policy provisions, but who have
 28  6 health care needs in excess of the funding available through
 28  7 the exception to policy process.
 28  8    11.  The drug utilization review commission shall submit
 28  9 copies of the board's annual review, including facts and
 28 10 findings, of the drugs on the department's prior authorization
 28 11 list to the department and to the members of the joint
 28 12 appropriations subcommittee on health and human services.
 28 13    12.  The department shall expend the anticipated savings
 28 14 for operation of the state maximum allowable cost program for
 28 15 pharmaceuticals as additional funding for the medical
 28 16 assistance program.
 28 17    Sec. 12.  HEALTH INSURANCE PREMIUM PAYMENT PROGRAM.  There
 28 18 is appropriated from the general fund of the state to the
 28 19 department of human services for the fiscal year beginning
 28 20 July 1, 2003, and ending June 30, 2004, the following amount,
 28 21 or so much thereof as is necessary, to be used for the purpose
 28 22 designated:
 28 23    For administration of the health insurance premium payment
 28 24 program, including salaries, support, maintenance, and
 28 25 miscellaneous purposes, and for not more than the following
 28 26 full-time equivalent positions:  
 28 27 .................................................. $    573,968
 28 28 ............................................... FTEs      21.00
 28 29    Sec. 13.  MEDICAL CONTRACTS.  There is appropriated from
 28 30 the general fund of the state to the department of human
 28 31 services for the fiscal year beginning July 1, 2003, and
 28 32 ending June 30, 2004, the following amount, or so much thereof
 28 33 as is necessary, to be used for the purpose designated:
 28 34    For medical contracts:  
 28 35 .................................................. $  8,990,035
 29  1    1.  The department shall receive input and recommendations
 29  2 from the chairpersons and ranking members of the joint
 29  3 appropriations subcommittee on health and human services prior
 29  4 to entering into or extending any managed care contract for
 29  5 mental health or substance abuse services.
 29  6    2.  In any managed care contract for mental health or
 29  7 substance abuse services entered into or extended by the
 29  8 department on or after July 1, 2003, the request for proposals
 29  9 shall provide for coverage of dual diagnosis mental health and
 29 10 substance abuse treatment provided at the state mental health
 29 11 institute at Mount Pleasant.  To the extent possible, the
 29 12 department shall also amend any such contract existing on July
 29 13 1, 2003, to provide for such coverage.
 29 14    Sec. 14.  STATE SUPPLEMENTARY ASSISTANCE.  There is
 29 15 appropriated from the general fund of the state to the
 29 16 department of human services for the fiscal year beginning
 29 17 July 1, 2003, and ending June 30, 2004, the following amount,
 29 18 or so much thereof as is necessary, to be used for the
 29 19 purposes designated:
 29 20    For state supplementary assistance and the medical
 29 21 assistance home and community-based services waiver rent
 29 22 subsidy program:  
 29 23 .................................................. $ 19,198,735
 29 24    1.  The department shall increase the personal needs
 29 25 allowance for residents of residential care facilities by the
 29 26 same percentage and at the same time as federal supplemental
 29 27 security income and federal social security benefits are
 29 28 increased due to a recognized increase in the cost of living.
 29 29 The department may adopt emergency rules to implement this
 29 30 subsection.
 29 31    2.  If during the fiscal year beginning July 1, 2003, the
 29 32 department projects that state supplementary assistance
 29 33 expenditures for a calendar year will not meet the federal
 29 34 pass-along requirement specified in Title XVI of the federal
 29 35 Social Security Act, section 1618, as codified in 42 U.S.C. }
 30  1 1382g, the department may take actions including but not
 30  2 limited to increasing the personal needs allowance for
 30  3 residential care facility residents and making programmatic
 30  4 adjustments or upward adjustments of the residential care
 30  5 facility or in-home health-related care reimbursement rates
 30  6 prescribed in this Act to ensure that federal requirements are
 30  7 met.  In addition, the department may make other programmatic
 30  8 and rate adjustments necessary to remain within the amount
 30  9 appropriated in this section while ensuring compliance with
 30 10 federal requirements.  The department may adopt emergency
 30 11 rules to implement the provisions of this subsection.
 30 12    Sec. 15.  CHILDREN'S HEALTH INSURANCE PROGRAM.  There is
 30 13 appropriated from the general fund of the state to the
 30 14 department of human services for the fiscal year beginning
 30 15 July 1, 2003, and ending June 30, 2004, the following amount,
 30 16 or so much thereof as is necessary, to be used for the purpose
 30 17 designated:
 30 18    For maintenance of the healthy and well kids in Iowa (hawk-
 30 19 i) program pursuant to chapter 514I for receipt of federal
 30 20 financial participation under Title XXI of the federal Social
 30 21 Security Act, which creates the state children's health
 30 22 insurance program:  
 30 23 .................................................. $ 11,118,275
 30 24    1.  The department may transfer funds appropriated in this
 30 25 section to be used for the purpose of expanding health care
 30 26 coverage to children under the medical assistance program.
 30 27 The department shall provide periodic updates to the general
 30 28 assembly of expenditures of funds appropriated in this
 30 29 section.
 30 30    2.  Moneys in the hawk-i trust fund are appropriated to the
 30 31 department of human services and shall be used to offset any
 30 32 program costs for the fiscal year beginning July 1, 2003, and
 30 33 ending June 30, 2004.
 30 34    Sec. 16.  CHILD CARE ASSISTANCE.  There is appropriated
 30 35 from the general fund of the state to the department of human
 31  1 services for the fiscal year beginning July 1, 2003, and
 31  2 ending June 30, 2004, the following amount, or so much thereof
 31  3 as is necessary, to be used for the purpose designated:
 31  4    For child care programs:  
 31  5 ................................................. $  5,050,752
 31  6    1.  a.  Of the funds appropriated in this section,
 31  7 $4,525,228 shall be used for state child care assistance in
 31  8 accordance with section 237A.13.
 31  9    b.  During the 2003-2004 fiscal year, the moneys deposited
 31 10 in the child care credit fund created in section 237A.28 are
 31 11 appropriated to the department to be used for state child care
 31 12 assistance in accordance with section 237A.13, in addition to
 31 13 the moneys allocated for that purpose in paragraph "a".
 31 14    2.  Nothing in this section shall be construed or is
 31 15 intended as, or shall imply, a grant of entitlement for
 31 16 services to persons who are eligible for assistance due to an
 31 17 income level consistent with the waiting list requirements of
 31 18 section 237A.13.  Any state obligation to provide services
 31 19 pursuant to this section is limited to the extent of the funds
 31 20 appropriated in this section.
 31 21    3.  Of the funds appropriated in this section, $525,524 is
 31 22 allocated for the statewide program for child care resource
 31 23 and referral services under section 237A.26.
 31 24    4.  The department may use any of the funds appropriated in
 31 25 this section as a match to obtain federal funds for use in
 31 26 expanding child care assistance and related programs.  For the
 31 27 purpose of expenditures of state and federal child care
 31 28 funding, funds shall be considered obligated at the time
 31 29 expenditures are projected or are allocated to the
 31 30 department's service areas.  Projections shall be based on
 31 31 current and projected caseload growth, current and projected
 31 32 provider rates, staffing requirements for eligibility
 31 33 determination and management of program requirements including
 31 34 data systems management, staffing requirements for
 31 35 administration of the program, contractual and grant
 32  1 obligations and any transfers to other state agencies, and
 32  2 obligations for decategorization or innovation projects.
 32  3    5.  If the federal government appropriates additional
 32  4 funding under the federal child care and development block
 32  5 grant than was anticipated would be received for the state
 32  6 fiscal year beginning July 1, 2003, in addition to the
 32  7 notification requirements for expenditure requirements for
 32  8 additional federal funds under 2002 Iowa Acts, chapter 1170,
 32  9 the department shall consult with the chairpersons and ranking
 32 10 members of the joint appropriations subcommittee on health and
 32 11 human services at least thirty days in advance of committing
 32 12 to expenditure of the additional funding.
 32 13    6.  A portion of the state match for the federal child care
 32 14 and development block grant shall be provided through the
 32 15 state general fund appropriation for child development grants
 32 16 and other programs for at-risk children in section 279.51.
 32 17    Sec. 17.  JUVENILE INSTITUTIONS.  There is appropriated
 32 18 from the general fund of the state to the department of human
 32 19 services for the fiscal year beginning July 1, 2003, and
 32 20 ending June 30, 2004, the following amounts, or so much
 32 21 thereof as is necessary, to be used for the purposes
 32 22 designated:
 32 23    1.  For operation of the Iowa juvenile home at Toledo and
 32 24 for salaries, support, maintenance, and for not more than the
 32 25 following full-time equivalent positions:  
 32 26 .................................................. $  5,750,338
 32 27 ............................................... FTEs     130.54
 32 28    It is the intent of the general assembly that beginning in
 32 29 the fiscal year commencing on July 1, 2004, the Iowa juvenile
 32 30 home at Toledo will serve only females.
 32 31    2.  For operation of the state training school at Eldora
 32 32 and for salaries, support, maintenance, and for not more than
 32 33 the following full-time equivalent positions:  
 32 34 .................................................. $  9,046,469
 32 35 ............................................... FTEs     218.53
 33  1    3.  During the fiscal year beginning July 1, 2003, the
 33  2 population levels at the state juvenile institutions shall not
 33  3 exceed the population guidelines established under 1990 Iowa
 33  4 Acts, chapter 1239, section 21, as adjusted for subsequent
 33  5 changes in capacity at the institutions.
 33  6    4.  A portion of the moneys appropriated in this section
 33  7 shall be used by the state training school and by the Iowa
 33  8 juvenile home for grants for adolescent pregnancy prevention
 33  9 activities at the institutions in the fiscal year beginning
 33 10 July 1, 2003.
 33 11    5.  Within the amounts appropriated in this section, the
 33 12 department may transfer funds as necessary to best fulfill the
 33 13 needs of the institutions provided for in the appropriation.
 33 14    6.  The state juvenile institutions are exempt from the
 33 15 depreciation payment requirement in section 18.120, subsection
 33 16 1, and the institutions and the department shall not be
 33 17 charged for vehicle depreciation otherwise attributable to the
 33 18 institutions.
 33 19    7.  Notwithstanding chapters 233A and 233B and any other
 33 20 provision of law to the contrary, for the fiscal year
 33 21 beginning July 1, 2003, the superintendent of the state
 33 22 training school shall also serve as the superintendent of the
 33 23 Iowa juvenile home.
 33 24    Sec. 18.  CHILD AND FAMILY SERVICES.
 33 25    1.  There is appropriated from the general fund of the
 33 26 state to the department of human services for the fiscal year
 33 27 beginning July 1, 2003, and ending June 30, 2004, the
 33 28 following amount, or so much thereof as is necessary, to be
 33 29 used for the purpose designated:
 33 30    For child and family services:  
 33 31 .................................................. $109,285,212
 33 32    2.  The department may transfer funds appropriated in this
 33 33 section as necessary to pay the nonfederal costs of services
 33 34 reimbursed under medical assistance or the family investment
 33 35 program which are provided to children who would otherwise
 34  1 receive services paid under the appropriation in this section.
 34  2 The department may transfer funds appropriated in this section
 34  3 to the appropriations in this Act for general administration
 34  4 and for field operations for resources necessary to implement
 34  5 and operate the services funded in this section.
 34  6    3.  a.  Of the funds appropriated in this section, up to
 34  7 $31,909,683 is allocated as the statewide expenditure target
 34  8 under section 232.143 for group foster care maintenance and
 34  9 services.
 34 10    b.  If at any time after September 30, 2003, annualization
 34 11 of a service area's current expenditures indicates a service
 34 12 area is at risk of exceeding its group foster care expenditure
 34 13 target under section 232.143 by more than 5 percent, the
 34 14 department and juvenile court services shall examine all group
 34 15 foster care placements in that service area in order to
 34 16 identify those which might be appropriate for termination.  In
 34 17 addition, any aftercare services believed to be needed for the
 34 18 children whose placements may be terminated shall be
 34 19 identified.  The department and juvenile court services shall
 34 20 initiate action to set dispositional review hearings for the
 34 21 placements identified.  In such a dispositional review
 34 22 hearing, the juvenile court shall determine whether needed
 34 23 aftercare services are available and whether termination of
 34 24 the placement is in the best interest of the child and the
 34 25 community.
 34 26    c.  (1)  Of the funds appropriated in this section, not
 34 27 more than $6,355,170 is allocated as the state match funding
 34 28 for psychiatric medical institutions for children.
 34 29    (2)  The department may transfer all or a portion of the
 34 30 amount allocated in this lettered paragraph for psychiatric
 34 31 medical institutions for children (PMICs) to the appropriation
 34 32 in this Act for medical assistance.
 34 33    d.  Of the funds allocated in this subsection, $1,419,988
 34 34 is allocated as the state match funding for 50 highly
 34 35 structured juvenile program beds.  If the number of beds
 35  1 provided for in this lettered paragraph is not utilized, the
 35  2 remaining funds allocated may be used for group foster care.
 35  3    e.  For the fiscal year beginning July 1, 2003, the
 35  4 requirements of section 232.143 applicable to the juvenile
 35  5 court and to representatives of the juvenile court shall be
 35  6 applicable instead to juvenile court services and to
 35  7 representatives of juvenile court services.  The
 35  8 representatives appointed by the department of human services
 35  9 and by juvenile court services to establish the plan to
 35 10 contain expenditures for children placed in group foster care
 35 11 ordered by the court within the budget target allocated to the
 35 12 service area shall establish the plan in a manner so as to
 35 13 ensure the moneys allocated to the service area under section
 35 14 232.143 shall last the entire fiscal year.  Funds for a child
 35 15 placed in group foster care shall be considered encumbered for
 35 16 the duration of the child's projected or actual length of
 35 17 stay, whichever is applicable.
 35 18    4.  If House File 568, relating to education funding for
 35 19 children placed in institutions under the department's
 35 20 jurisdiction, is not enacted by the Eightieth General
 35 21 Assembly, 2003 Session, the allocation made in this section
 35 22 for the statewide expenditure target under section 232.143
 35 23 shall be reduced by $1,755,167, the allocation for the family
 35 24 preservation program shall be reduced by $219,396, and the
 35 25 allocation for school-based supervision of children shall be
 35 26 reduced by $219,396, and the following transfers shall be made
 35 27 to the indicated appropriations made in this Act from the
 35 28 appropriation made in this section:
 35 29    a.  To the appropriation for the state training school at
 35 30 Eldora:  
 35 31 .................................................. $  1,239,227
 35 32    b.  To the appropriation for the Iowa juvenile home at
 35 33 Toledo:  
 35 34 .................................................. $    410,540
 35 35    c.  To the appropriation for the state mental health
 36  1 institute at Independence:  
 36  2 .................................................. $    544,192
 36  3    5.  Of the funds appropriated in this section, $3,000,000
 36  4 is allocated specifically for expenditure through the
 36  5 decategorization of child welfare funding pools and governance
 36  6 boards established pursuant to section 232.188.
 36  7 Notwithstanding section 8.33, moneys allocated in this
 36  8 subsection that remain unencumbered or unobligated at the
 36  9 close of the fiscal year shall not revert but shall remain
 36 10 available for expenditure for the purposes designated until
 36 11 the close of the succeeding fiscal year.
 36 12    6.  Of the funds appropriated in this section, at least
 36 13 $1,135,288 is allocated for additional funding of the family
 36 14 preservation program.
 36 15    7.  The department shall continue the goal that not more
 36 16 than 15 percent of the children placed in foster care funded
 36 17 under the federal Social Security Act, Title IV-E, may be
 36 18 placed in foster care for a period of more than 24 months.
 36 19    8.  In accordance with the provisions of section 232.188,
 36 20 the department shall continue the program to decategorize
 36 21 child welfare services funding in additional counties or
 36 22 clusters of counties.
 36 23    9.  A portion of the funding appropriated in this section
 36 24 may be used for emergency family assistance to provide other
 36 25 resources required for a family participating in a family
 36 26 preservation or reunification project to stay together or to
 36 27 be reunified.
 36 28    10.  Notwithstanding section 234.35, subsection 1, for the
 36 29 fiscal year beginning July 1, 2003, state funding for shelter
 36 30 care paid pursuant to section 234.35, subsection 1, paragraph
 36 31 "h", shall be limited to $6,922,509.
 36 32    11.  The department shall continue to make adoption
 36 33 presubsidy and adoption subsidy payments to adoptive parents
 36 34 at the beginning of the month for the current month.
 36 35    12.  Federal funds received by the state during the fiscal
 37  1 year beginning July 1, 2003, as the result of the expenditure
 37  2 of state funds appropriated during a previous state fiscal
 37  3 year for a service or activity funded under this section, are
 37  4 appropriated to the department to be used as additional
 37  5 funding for services and purposes provided for under this
 37  6 section.  Notwithstanding section 8.33, moneys received in
 37  7 accordance with this subsection that remain unencumbered or
 37  8 unobligated at the close of the fiscal year shall not revert
 37  9 to any fund but shall remain available for the purposes
 37 10 designated until the close of the succeeding fiscal year.
 37 11    13.  The department and juvenile court services shall
 37 12 continue to develop criteria for the department service area
 37 13 administrator and chief juvenile court officer to grant
 37 14 exceptions to extend eligibility, within the funds allocated,
 37 15 for intensive tracking and supervision and for supervised
 37 16 community treatment to delinquent youth beyond age 18 who are
 37 17 subject to release from the state training school, a highly
 37 18 structured juvenile program, or group foster care.
 37 19    14.  Of the moneys appropriated in this section, not more
 37 20 than $442,100 is allocated to provide clinical assessment
 37 21 services as necessary to continue funding of children's
 37 22 rehabilitation services under medical assistance in accordance
 37 23 with federal law and requirements.  The funding allocated is
 37 24 the amount projected to be necessary for providing the
 37 25 clinical assessment services.
 37 26    15.  Of the funding appropriated in this section,
 37 27 $3,696,285 shall be used for protective child care assistance.
 37 28    16.  Of the moneys appropriated in this section, up to
 37 29 $2,859,851 is allocated for the payment of the expenses of
 37 30 court-ordered services provided to juveniles which are a
 37 31 charge upon the state pursuant to section 232.141, subsection
 37 32 4.
 37 33    a.  Notwithstanding section 232.141 or any other provision
 37 34 of law to the contrary, the amount allocated in this
 37 35 subsection shall be distributed to the judicial districts as
 38  1 determined by the state court administrator.  The state court
 38  2 administrator shall make the determination of the distribution
 38  3 amounts on or before June 15, 2003.
 38  4    b.  Notwithstanding chapter 232 or any other provision of
 38  5 law to the contrary, a district or juvenile court shall not
 38  6 order any service which is a charge upon the state pursuant to
 38  7 section 232.141 if there are insufficient court-ordered
 38  8 services funds available in the district court distribution
 38  9 amount to pay for the service.  The chief juvenile court
 38 10 officer shall encourage use of the funds allocated in this
 38 11 subsection such that there are sufficient funds to pay for all
 38 12 court-related services during the entire year.  The chief
 38 13 juvenile court officers shall attempt to anticipate potential
 38 14 surpluses and shortfalls in the distribution amounts and shall
 38 15 cooperatively request the state court administrator to
 38 16 transfer funds between the districts' distribution amounts as
 38 17 prudent.
 38 18    c.  Notwithstanding any provision of law to the contrary, a
 38 19 district or juvenile court shall not order a county to pay for
 38 20 any service provided to a juvenile pursuant to an order
 38 21 entered under chapter 232 which is a charge upon the state
 38 22 under section 232.141, subsection 4.
 38 23    d.  Of the funding allocated in this subsection, not more
 38 24 than $100,000 may be used by the judicial branch for
 38 25 administration of the requirements under this subsection and
 38 26 for travel associated with court-ordered placements which are
 38 27 a charge upon the state pursuant to section 232.141,
 38 28 subsection 4.
 38 29    17.  a.  Of the funding appropriated in this section,
 38 30 $3,281,589 is allocated to provide school-based supervision of
 38 31 children adjudicated under chapter 232, including not more
 38 32 than $1,431,597 from the allocation in this section for court-
 38 33 ordered services.  Not more than $15,000 of the funding
 38 34 allocated in this subsection may be used for the purpose of
 38 35 training.
 39  1    b.  A portion of the cost of each school-based liaison
 39  2 officer shall be paid by the school district or other funding
 39  3 source as approved by the chief juvenile court officer.
 39  4    18.  The department shall maximize the capacity to draw
 39  5 federal funding under Title IV-E of the federal Social
 39  6 Security Act.
 39  7    19.  Any unanticipated federal funding that is received
 39  8 during the fiscal year due to improvements in the hours
 39  9 counted by the judicial branch under the claiming process for
 39 10 federal Title IV-E funding are appropriated to the department
 39 11 to be used for additional or expanded services and support for
 39 12 court-ordered services pursuant to section 232.141.
 39 13 Notwithstanding section 8.33, moneys appropriated in this
 39 14 subsection that remain unencumbered or unobligated at the
 39 15 close of the fiscal year shall not revert but shall remain
 39 16 available for expenditure for the purposes designated until
 39 17 the close of the succeeding fiscal year.
 39 18    20.  Notwithstanding section 234.39, subsection 5, and 2000
 39 19 Iowa Acts, chapter 1228, section 43, the department may
 39 20 operate a subsidized guardianship program if the United States
 39 21 department of health and human services approves a waiver
 39 22 under Title IV-E of the federal Social Security Act and the
 39 23 subsidized guardianship program can be operated without loss
 39 24 of Title IV-E funds.
 39 25    21.  It is the intent of the general assembly that the
 39 26 department continue its practice of providing strong support
 39 27 for Iowa's nationally recognized initiative of
 39 28 decategorization of child welfare funding.
 39 29    22.  It is the intent of the general assembly that
 39 30 administration of the foster care and adoption programs be
 39 31 privatized.
 39 32    23.  Notwithstanding section 237.5A, a foster parent who is
 39 33 unable to complete six hours of foster parent training prior
 39 34 to annual licensure renewal because the foster parent is
 39 35 engaged in active duty in the military service shall be
 40  1 considered to be in compliance with the training requirement
 40  2 for annual licensure renewal.
 40  3    Sec. 19.  JUVENILE DETENTION HOME FUND.  Moneys deposited
 40  4 in the juvenile detention home fund created in section 232.142
 40  5 during the fiscal year beginning July 1, 2003, and ending June
 40  6 30, 2004, are appropriated to the department of human services
 40  7 for the fiscal year beginning July 1, 2003, and ending June
 40  8 30, 2004, for distribution as follows:
 40  9    1.  An amount equal to ten percent of the costs of the
 40 10 establishment, improvement, operation, and maintenance of
 40 11 county or multicounty juvenile detention homes in the fiscal
 40 12 year beginning July 1, 2002.  Moneys appropriated for
 40 13 distribution in accordance with this subsection shall be
 40 14 allocated among eligible detention homes, prorated on the
 40 15 basis of an eligible detention home's proportion of the costs
 40 16 of all eligible detention homes in the fiscal year beginning
 40 17 July 1, 2002.  Notwithstanding section 232.142, subsection 3,
 40 18 the financial aid payable by the state under that provision
 40 19 for the fiscal year beginning July 1, 2003, shall be limited
 40 20 to the amount appropriated for the purposes of this
 40 21 subsection.
 40 22    2.  For renewal of a grant to a county with a population
 40 23 between 189,000 and 196,000 for implementation of the county's
 40 24 runaway treatment plan under section 232.195:  
 40 25 .................................................. $     80,000
 40 26    3.  For continuation and expansion of the community
 40 27 partnership for child protection sites:  
 40 28 .................................................. $    159,000
 40 29    4.  For grants to counties implementing a runaway treatment
 40 30 plan under section 232.195.
 40 31    5.  The remainder for additional allocations to county or
 40 32 multicounty juvenile detention homes, in accordance with the
 40 33 distribution requirements of subsection 1.
 40 34    Sec. 20.  FAMILY SUPPORT SUBSIDY PROGRAM.  There is
 40 35 appropriated from the general fund of the state to the
 41  1 department of human services for the fiscal year beginning
 41  2 July 1, 2003, and ending June 30, 2004, the following amount,
 41  3 or so much thereof as is necessary, to be used for the purpose
 41  4 designated:
 41  5    For the family support subsidy program:  
 41  6 .................................................. $  1,936,434
 41  7    1.  The department may use up to $333,312 of the moneys
 41  8 appropriated in this section to continue the children-at-home
 41  9 program in current counties, of which not more than $20,000
 41 10 shall be used for administrative costs.
 41 11    2.  Notwithstanding section 225C.38, subsection 1, the
 41 12 monthly family support payment amount for the fiscal year
 41 13 beginning July 1, 2003, shall remain the same as the payment
 41 14 amount in effect on June 30, 2003.
 41 15    Sec. 21.  CONNER DECREE.  There is appropriated from the
 41 16 general fund of the state to the department of human services
 41 17 for the fiscal year beginning July 1, 2003, and ending June
 41 18 30, 2004, the following amount, or so much thereof as is
 41 19 necessary, to be used for the purpose designated:
 41 20    For building community capacity through the coordination
 41 21 and provision of training opportunities in accordance with the
 41 22 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D.
 41 23 Iowa, July 14, 1994):  
 41 24 .................................................. $     42,623
 41 25    Sec. 22.  MENTAL HEALTH INSTITUTES.  There is appropriated
 41 26 from the general fund of the state to the department of human
 41 27 services for the fiscal year beginning July 1, 2003, and
 41 28 ending June 30, 2004, the following amounts, or so much
 41 29 thereof as is necessary, to be used for the purposes
 41 30 designated:
 41 31    1.  For the state mental health institute at Cherokee for
 41 32 salaries, support, maintenance, and miscellaneous purposes and
 41 33 for not more than the following full-time equivalent
 41 34 positions:  
 41 35 .................................................. $ 12,401,246
 42  1 ............................................... FTEs     227.65
 42  2    2.  For the state mental health institute at Clarinda for
 42  3 salaries, support, maintenance, and miscellaneous purposes and
 42  4 for not more than the following full-time equivalent
 42  5 positions:  
 42  6 .................................................. $  7,065,672
 42  7 ............................................... FTEs     118.15
 42  8    3.  For the state mental health institute at Independence
 42  9 for salaries, support, maintenance, and miscellaneous purposes
 42 10 and for not more than the following full-time equivalent
 42 11 positions:  
 42 12 .................................................. $ 16,368,110
 42 13 ............................................... FTEs     317.80
 42 14    The state mental health institute at Independence shall
 42 15 continue the 30 psychiatric medical institution for children
 42 16 (PMIC) beds authorized in section 135H.6, in a manner which
 42 17 results in no net state expenditure amount in excess of the
 42 18 amount appropriated in this subsection.  Counties are not
 42 19 responsible for the costs of PMIC services described in this
 42 20 subsection.  Subject to the approval of the department, with
 42 21 the exception of revenues required under section 249A.11 to be
 42 22 credited to the appropriation in this Act for medical
 42 23 assistance, revenues attributable to the PMIC beds described
 42 24 in this subsection for the fiscal year beginning July 1, 2003,
 42 25 and ending June 30, 2004, shall be deposited in the
 42 26 institute's account, including but not limited to any of the
 42 27 following revenues:
 42 28    a.  The federal share of medical assistance revenue
 42 29 received under chapter 249A.
 42 30    b.  Moneys received through client participation.
 42 31    c.  Any other revenues directly attributable to the PMIC
 42 32 beds.
 42 33    4.  For the state mental health institute at Mount Pleasant
 42 34 for salaries, support, maintenance, and miscellaneous purposes
 42 35 and for not more than the following full-time equivalent
 43  1 positions:  
 43  2 .................................................. $  5,830,810
 43  3 ............................................... FTEs     100.44
 43  4    a.  Funding is provided in this subsection for the state
 43  5 mental health institute at Mount Pleasant to continue the dual
 43  6 diagnosis mental health and substance abuse program on a net
 43  7 budgeting basis in which 50 percent of the actual per diem and
 43  8 ancillary services costs are chargeable to the patient's
 43  9 county of legal settlement or as a state case, as appropriate.
 43 10 Subject to the approval of the department, revenues
 43 11 attributable to the dual diagnosis program for the fiscal year
 43 12 beginning July 1, 2003, and ending June 30, 2004, shall be
 43 13 deposited in the institute's account, including but not
 43 14 limited to all of the following revenues:
 43 15    (1)  Moneys received by the state from billings to counties
 43 16 under section 230.20.
 43 17    (2)  Moneys received from billings to the Medicare program.
 43 18    (3)  Moneys received from a managed care contractor
 43 19 providing services under contract with the department or any
 43 20 private third-party payor.
 43 21    (4)  Moneys received through client participation.
 43 22    (5)  Any other revenues directly attributable to the dual
 43 23 diagnosis program.
 43 24    b.  The following additional provisions are applicable in
 43 25 regard to the dual diagnosis program:
 43 26    (1)  A county may split the charges between the county's
 43 27 mental health, mental retardation, and developmental
 43 28 disabilities services fund and the county's budget for
 43 29 substance abuse expenditures.
 43 30    (2)  If an individual is committed to the custody of the
 43 31 department of corrections at the time the individual is
 43 32 referred for dual diagnosis treatment, the department of
 43 33 corrections shall be charged for the costs of treatment.
 43 34    (3)  Prior to an individual's admission for dual diagnosis
 43 35 treatment, the individual shall have been screened through a
 44  1 county's single entry point process to determine the
 44  2 appropriateness of the treatment.
 44  3    (4)  A county shall not be chargeable for the costs of
 44  4 treatment for an individual enrolled in and authorized by or
 44  5 decertified by a managed behavioral care plan under the
 44  6 medical assistance program.
 44  7    (5)  Notwithstanding section 8.33, state mental health
 44  8 institute revenues related to the dual diagnosis program that
 44  9 remain unencumbered or unobligated at the close of the fiscal
 44 10 year shall not revert but shall remain available up to the
 44 11 amount which would allow the state mental health institute to
 44 12 meet credit obligations owed to counties as a result of year-
 44 13 end per diem adjustments for the dual diagnosis program.
 44 14    5.  Within the funds appropriated in this section, the
 44 15 department may transfer funds as necessary to best fulfill the
 44 16 needs of the institutes provided for in the appropriation.
 44 17    6.  As part of the discharge planning process at the state
 44 18 mental health institutes, the department shall provide
 44 19 assistance in obtaining eligibility for federal supplemental
 44 20 security income (SSI) to those individuals whose care at a
 44 21 state mental health institute is the financial responsibility
 44 22 of the state or a county.
 44 23    Sec. 23.  STATE RESOURCE CENTERS.  There is appropriated
 44 24 from the general fund of the state to the department of human
 44 25 services for the fiscal year beginning July 1, 2003, and
 44 26 ending June 30, 2004, the following amounts, or so much
 44 27 thereof as is necessary, to be used for the purposes
 44 28 designated:
 44 29    1.  For the state resource center at Glenwood for salaries,
 44 30 support, maintenance, and miscellaneous purposes:  
 44 31 .................................................. $  4,399,479
 44 32    2.  For the state resource center at Woodward for salaries,
 44 33 support, maintenance, and miscellaneous purposes:  
 44 34 .................................................. $  2,660,237
 44 35    3.  a.  The department shall continue operating the state
 45  1 resource centers at Glenwood and Woodward with a net general
 45  2 fund appropriation.  The amounts allocated in this section are
 45  3 the net amounts of state moneys projected to be needed for the
 45  4 state resource centers.  The purposes of operating with a net
 45  5 general fund appropriation are to encourage the state resource
 45  6 centers to operate with increased self-sufficiency, to improve
 45  7 quality and efficiency, and to support collaborative efforts
 45  8 between the state resource centers and counties and other
 45  9 funders of services available from the state resource centers.
 45 10 The state resource centers shall not be operated under the net
 45 11 appropriation in a manner which results in a cost increase to
 45 12 the state or cost shifting between the state, the medical
 45 13 assistance program, counties, or other sources of funding for
 45 14 the state resource centers.  Moneys appropriated in this
 45 15 section may be used throughout the fiscal year in the manner
 45 16 necessary for purposes of cash flow management, and for
 45 17 purposes of cash flow management the state resource centers
 45 18 may temporarily draw more than the amounts appropriated,
 45 19 provided the amounts appropriated are not exceeded at the
 45 20 close of the fiscal year.
 45 21    b.  Subject to the approval of the department, except for
 45 22 revenues under section 249A.11, revenues attributable to the
 45 23 state resource centers for the fiscal year beginning July 1,
 45 24 2003, shall be deposited into each state resource center's
 45 25 account, including but not limited to all of the following:
 45 26    (1)  Moneys received by the state from billings to counties
 45 27 under section 222.73.
 45 28    (2)  The federal share of medical assistance revenue
 45 29 received under chapter 249A.
 45 30    (3)  Federal Medicare program payments.
 45 31    (4)  Moneys received from client financial participation.
 45 32    (5)  Other revenues generated from current, new, or
 45 33 expanded services which the state resource center is
 45 34 authorized to provide.
 45 35    c.  For the purposes of allocating the salary adjustment
 46  1 fund moneys appropriated in another Act, the state resource
 46  2 centers shall be considered to be funded entirely with state
 46  3 moneys.
 46  4    d.  Notwithstanding section 8.33, up to $500,000 of a state
 46  5 resource center's revenues that remain unencumbered or
 46  6 unobligated at the close of the fiscal year shall not revert
 46  7 but shall remain available to be used in the succeeding fiscal
 46  8 year.
 46  9    4.  Within the funds appropriated in this section, the
 46 10 department may transfer funds as necessary to best fulfill the
 46 11 needs of the institutions provided for in the appropriation.
 46 12    5.  The department may continue to bill for state resource
 46 13 center services utilizing a scope of services approach used
 46 14 for private providers of ICFMR services, in a manner which
 46 15 does not shift costs between the medical assistance program,
 46 16 counties, or other sources of funding for the state resource
 46 17 centers.
 46 18    6.  The state resource centers may expand the time limited
 46 19 assessment and respite services during the fiscal year.
 46 20    7.  If the department's administration and the department
 46 21 of management concur with a finding by a state resource
 46 22 center's superintendent that projected revenues can reasonably
 46 23 be expected to pay the salary and support costs for a new
 46 24 employee position, or that such costs for adding a particular
 46 25 number of new positions for the fiscal year would be less than
 46 26 the overtime costs if new positions would not be added, the
 46 27 superintendent may add the new position or positions.  If the
 46 28 vacant positions available to a resource center do not include
 46 29 the position classification desired to be filled, the state
 46 30 resource center's superintendent may reclassify any vacant
 46 31 position as necessary to fill the desired position.  The
 46 32 superintendents of the state resource centers may, by mutual
 46 33 agreement, pool vacant positions and position classifications
 46 34 during the course of the fiscal year in order to assist one
 46 35 another in filling necessary positions.
 47  1    8.  If existing capacity limitations are reached in
 47  2 operating units, a waiting list is in effect for a service or
 47  3 a special need for which a payment source or other funding is
 47  4 available for the service or to address the special need, and
 47  5 facilities for the service or to address the special need can
 47  6 be provided within the available payment source or other
 47  7 funding, the superintendent of a state resource center may
 47  8 authorize opening not more than two units or other facilities
 47  9 and to begin implementing the service or addressing the
 47 10 special need during fiscal year 2003-2004.
 47 11    Sec. 24.  MI/MR/DD STATE CASES.  There is appropriated from
 47 12 the general fund of the state to the department of human
 47 13 services for the fiscal year beginning July 1, 2003, and
 47 14 ending June 30, 2004, the following amount, or so much thereof
 47 15 as is necessary, to be used for the purpose designated:
 47 16    For purchase of local services for persons with mental
 47 17 illness, mental retardation, and developmental disabilities
 47 18 where the client has no established county of legal
 47 19 settlement:  
 47 20 .................................................. $ 11,014,619
 47 21    The general assembly encourages the department to continue
 47 22 discussions with the Iowa state association of counties and
 47 23 administrators of county central point of coordination offices
 47 24 regarding proposals for moving state cases to county budgets.
 47 25    Sec. 25.  MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES –
 47 26 COMMUNITY SERVICES FUND.  There is appropriated from the
 47 27 general fund of the state to the mental health and
 47 28 developmental disabilities community services fund created in
 47 29 section 225C.7 for the fiscal year beginning July 1, 2003, and
 47 30 ending June 30, 2004, the following amount, or so much thereof
 47 31 as is necessary, to be used for the purpose designated:
 47 32    For mental health and developmental disabilities community
 47 33 services in accordance with this Act:  
 47 34 ................................................. $ 17,757,890
 47 35    1.  Of the funds appropriated in this section, $17,727,890
 48  1 shall be allocated to counties for funding of community-based
 48  2 mental health and developmental disabilities services.  The
 48  3 moneys shall be allocated to a county as follows:
 48  4    a.  Fifty percent based upon the county's proportion of the
 48  5 state's population of persons with an annual income which is
 48  6 equal to or less than the poverty guideline established by the
 48  7 federal office of management and budget.
 48  8    b.  Fifty percent based upon the county's proportion of the
 48  9 state's general population.
 48 10    2.  a.  A county shall utilize the funding the county
 48 11 receives pursuant to subsection 1 for services provided to
 48 12 persons with a disability, as defined in section 225C.2.
 48 13 However, no more than 50 percent of the funding shall be used
 48 14 for services provided to any one of the service populations.
 48 15    b.  A county shall use at least 50 percent of the funding
 48 16 the county receives under subsection 1 for contemporary
 48 17 services provided to persons with a disability, as described
 48 18 in rules adopted by the department.
 48 19    3.  Of the funds appropriated in this section, $30,000
 48 20 shall be used to support the Iowa compass program providing
 48 21 computerized information and referral services for Iowans with
 48 22 disabilities and their families.
 48 23    4.  a.  Funding appropriated for purposes of the federal
 48 24 social services block grant is allocated for distribution to
 48 25 counties for local purchase of services for persons with
 48 26 mental illness or mental retardation or other developmental
 48 27 disability.
 48 28    b.  The funds allocated in this subsection shall be
 48 29 expended by counties in accordance with the county's approved
 48 30 county management plan.  A county without an approved county
 48 31 management plan shall not receive allocated funds until the
 48 32 county's management plan is approved.
 48 33    c.  The funds provided by this subsection shall be
 48 34 allocated to each county as follows:
 48 35    (1)  Fifty percent based upon the county's proportion of
 49  1 the state's population of persons with an annual income which
 49  2 is equal to or less than the poverty guideline established by
 49  3 the federal office of management and budget.
 49  4    (2)  Fifty percent based upon the amount provided to the
 49  5 county for local purchase of services in the preceding fiscal
 49  6 year.
 49  7    5.  A county is eligible for funds under this section if
 49  8 the county qualifies for a state payment as described in
 49  9 section 331.439.
 49 10    Sec. 26.  PERSONAL ASSISTANCE.  There is appropriated from
 49 11 the general fund of the state to the department of human
 49 12 services for the fiscal year beginning July 1, 2003, and
 49 13 ending June 30, 2004, the following amount, or so much thereof
 49 14 as is necessary, to be used for the purpose designated:
 49 15    For continuation of a pilot project for the personal
 49 16 assistance services program in accordance with this section:  
 49 17 .................................................. $    205,748
 49 18    1.  The funds appropriated in this section shall be used to
 49 19 continue the pilot project for the personal assistance
 49 20 services program under section 225C.46 in an urban and a rural
 49 21 area.  Not more than 10 percent of the amount appropriated
 49 22 shall be used for administrative costs.  The pilot project
 49 23 shall not be implemented in a manner which would require
 49 24 additional county or state costs for assistance provided to an
 49 25 individual served under the pilot project.
 49 26    2.  In accordance with 2001 Iowa Acts, chapter 191, section
 49 27 25, subsection 2, new applicants shall not be accepted into
 49 28 the pilot project.  An individual receiving services under the
 49 29 pilot project as of June 30, 2003, shall continue receiving
 49 30 services until the individual voluntarily leaves the project
 49 31 or until another program with similar services exists.
 49 32    Sec. 27.  SEXUALLY VIOLENT PREDATORS.
 49 33    1.  There is appropriated from the general fund of the
 49 34 state to the department of human services for the fiscal year
 49 35 beginning July 1, 2003, and ending June 30, 2004, the
 50  1 following amount, or so much thereof as is necessary, to be
 50  2 used for the purpose designated:
 50  3    For costs associated with the commitment and treatment of
 50  4 sexually violent predators in the unit located at the state
 50  5 mental health institute at Cherokee, including costs of legal
 50  6 services and other associated costs, including salaries,
 50  7 support, maintenance, and miscellaneous purposes and for not
 50  8 more than the following full-time equivalent positions:  
 50  9 .................................................. $  2,675,179
 50 10 ............................................... FTEs      46.00
 50 11    2.  Unless specifically prohibited by law, if the amount
 50 12 charged provides for recoupment of the entire amount of direct
 50 13 and indirect costs, the department of human services may
 50 14 contract with other states to provide care and treatment of
 50 15 persons placed by the other states at the unit for sexually
 50 16 violent predators at Cherokee.  The moneys received under such
 50 17 a contract that are attributable to the direct and indirect
 50 18 costs shall be considered to be repayment receipts and used
 50 19 for the purposes of the appropriation made in this section.
 50 20    Sec. 28.  FIELD OPERATIONS.  There is appropriated from the
 50 21 general fund of the state to the department of human services
 50 22 for the fiscal year beginning July 1, 2003, and ending June
 50 23 30, 2004, the following amount, or so much thereof as is
 50 24 necessary, to be used for the purposes designated:
 50 25    1.  For field operations, including salaries, support,
 50 26 maintenance, and miscellaneous purposes and for not more than
 50 27 the following full-time equivalent positions:  
 50 28 .................................................. $ 50,657,828
 50 29 ............................................... FTEs   1,771.50
 50 30    Priority in filling full-time equivalent positions shall be
 50 31 given to those positions related to child protection services.
 50 32    2.  In operating the service area system established
 50 33 pursuant to 2001 Iowa Acts, Second Extraordinary Session,
 50 34 chapter 4, for the fiscal year beginning July 1, 2003, and
 50 35 ending June 30, 2004, the department shall utilize the service
 51  1 areas and service area administrators in lieu of regions and
 51  2 regional administrators, notwithstanding the references to
 51  3 department regions or regional administrators in sections
 51  4 232.2, 232.52, 232.68, 232.72, 232.102, 232.117, 232.127,
 51  5 232.143, 232.188, and 234.35, or other provision in law.  The
 51  6 department shall submit proposed legislation under section
 51  7 2.16 for consideration by the Eightieth General Assembly, 2004
 51  8 Session, to correct the references in the necessary Code
 51  9 sections.
 51 10    Sec. 29.  GENERAL ADMINISTRATION.  There is appropriated
 51 11 from the general fund of the state to the department of human
 51 12 services for the fiscal year beginning July 1, 2003, and
 51 13 ending June 30, 2004, the following amount, or so much thereof
 51 14 as is necessary, to be used for the purpose designated:
 51 15    For general administration, including salaries, support,
 51 16 maintenance, and miscellaneous purposes and for not more than
 51 17 the following full-time equivalent positions:  
 51 18 ................................................. $ 10,803,626
 51 19 .............................................. FTEs     286.00
 51 20    1.  Of the funds appropriated in this section, $57,000 is
 51 21 allocated for the prevention of disabilities policy council
 51 22 established in section 225B.3.
 51 23    2.  Up to $500,000 of the moneys received in any settlement
 51 24 of overpayments made to a child development center or to any
 51 25 other provider that results in a settlement in excess of
 51 26 $150,000 shall be considered as repayment receipts and shall
 51 27 only be used for the costs of filling full-time equivalent
 51 28 positions authorized but not funded by the appropriations made
 51 29 for the purposes of this section.
 51 30    Sec. 30.  VOLUNTEERS.  There is appropriated from the
 51 31 general fund of the state to the department of human services
 51 32 for the fiscal year beginning July 1, 2003, and ending June
 51 33 30, 2004, the following amount, or so much thereof as is
 51 34 necessary, to be used for the purpose designated:
 51 35    For development and coordination of volunteer services:  
 52  1 .................................................. $    109,568
 52  2    Sec. 31.  MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
 52  3 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
 52  4 DEPARTMENT OF HUMAN SERVICES.
 52  5    1.  a.  For the fiscal year beginning July 1, 2003, nursing
 52  6 facilities shall be reimbursed at 100 percent of the modified
 52  7 price-based case-mix reimbursement rate.  Nursing facilities
 52  8 reimbursed under the medical assistance program shall submit
 52  9 annual cost reports and additional documentation as required
 52 10 by rules adopted by the department.
 52 11    b.  For the fiscal year beginning July 1, 2003, the
 52 12 department shall reimburse pharmacy dispensing fees using a
 52 13 single rate of $5.17 per prescription or the pharmacy's usual
 52 14 and customary fee, whichever is lower.
 52 15    c.  For the fiscal year beginning July 1, 2003,
 52 16 reimbursement rates for inpatient and outpatient hospital
 52 17 services shall remain at the rates in effect on June 30, 2003.
 52 18 The department shall continue the outpatient hospital
 52 19 reimbursement system based upon ambulatory patient groups
 52 20 implemented pursuant to 1994 Iowa Acts, chapter 1186, section
 52 21 25, subsection 1, paragraph "f".  In addition, the department
 52 22 shall continue the revised medical assistance payment policy
 52 23 implemented pursuant to that paragraph to provide
 52 24 reimbursement for costs of screening and treatment provided in
 52 25 the hospital emergency room if made pursuant to the
 52 26 prospective payment methodology developed by the department
 52 27 for the payment of outpatient services provided under the
 52 28 medical assistance program.  Any rebasing of hospital
 52 29 impatient or outpatient rates shall not increase total
 52 30 payments for inpatient and outpatient services.
 52 31    d.  For the fiscal year beginning July 1, 2003,
 52 32 reimbursement rates for rural health clinics, hospices,
 52 33 independent laboratories, and acute mental hospitals shall be
 52 34 increased in accordance with increases under the federal
 52 35 Medicare program or as supported by their Medicare audited
 53  1 costs.
 53  2    e.  For the fiscal year beginning July 1, 2003,
 53  3 reimbursement rates for home health agencies shall remain at
 53  4 the rates in effect on June 30, 2003.
 53  5    f.  For the fiscal year beginning July 1, 2003, federally
 53  6 qualified health centers shall receive cost-based
 53  7 reimbursement for 100 percent of the reasonable costs for the
 53  8 provision of services to recipients of medical assistance.
 53  9    g.  Beginning July 1, 2003, the reimbursement rates for
 53 10 dental services shall remain at the rates in effect on June
 53 11 30, 2003.
 53 12    h.  Beginning July 1, 2003, the reimbursement rates for
 53 13 community mental health centers shall remain at the rates in
 53 14 effect on June 30, 2003.
 53 15    i.  For the fiscal year beginning July 1, 2003, the maximum
 53 16 reimbursement rate for psychiatric medical institutions for
 53 17 children shall remain at the rate in effect on June 30, 2003,
 53 18 based on per day rates for actual costs.
 53 19    j.  For the fiscal year beginning July 1, 2003, unless
 53 20 otherwise specified in this Act, all noninstitutional medical
 53 21 assistance provider reimbursement rates shall remain at the
 53 22 rates in effect on June 30, 2003, except for area education
 53 23 agencies, local education agencies, infant and toddler
 53 24 services providers, and those providers whose rates are
 53 25 required to be determined pursuant to section 249A.20.
 53 26    k.  Notwithstanding section 249A.20, the average
 53 27 reimbursement rates for health care providers eligible for use
 53 28 of the reimbursement methodology under that section shall
 53 29 remain at the rate in effect on June 30, 2003; however, this
 53 30 rate shall not exceed the maximum level authorized by the
 53 31 federal government.
 53 32    2.  For the fiscal year beginning July 1, 2003, the
 53 33 reimbursement rate for residential care facilities shall not
 53 34 be less than the minimum payment level as established by the
 53 35 federal government to meet the federally mandated maintenance
 54  1 of effort requirement.  The flat reimbursement rate for
 54  2 facilities electing not to file semiannual cost reports shall
 54  3 not be less than the minimum payment level as established by
 54  4 the federal government to meet the federally mandated
 54  5 maintenance of effort requirement.
 54  6    3.  For the fiscal year beginning July 1, 2003, the
 54  7 reimbursement rate for providers reimbursed under the in-home-
 54  8 related care program shall not be less than the minimum
 54  9 payment level as established by the federal government to meet
 54 10 the federally mandated maintenance of effort requirement.
 54 11    4.  Unless otherwise directed in this section, when the
 54 12 department's reimbursement methodology for any provider
 54 13 reimbursed in accordance with this section includes an
 54 14 inflation factor, this factor shall not exceed the amount by
 54 15 which the consumer price index for all urban consumers
 54 16 increased during the calendar year ending December 31, 2002.
 54 17    5.  Notwithstanding section 234.38, in the fiscal year
 54 18 beginning July 1, 2003, the foster family basic daily
 54 19 maintenance rate and the maximum adoption subsidy rate for
 54 20 children ages 0 through 5 years shall be $14.28, the rate for
 54 21 children ages 6 through 11 years shall be $15.07, the rate for
 54 22 children ages 12 through 15 years shall be $16.83, and the
 54 23 rate for children ages 16 and older shall be $16.83.
 54 24    6.  For the fiscal year beginning July 1, 2003, the maximum
 54 25 reimbursement rates for social service providers shall remain
 54 26 at the rates in effect on June 30, 2003.  However, the rates
 54 27 may be adjusted under any of the following circumstances:
 54 28    a.  If a new service was added after June 30, 2003, the
 54 29 initial reimbursement rate for the service shall be based upon
 54 30 actual and allowable costs.
 54 31    b.  If a social service provider loses a source of income
 54 32 used to determine the reimbursement rate for the provider, the
 54 33 provider's reimbursement rate may be adjusted to reflect the
 54 34 loss of income, provided that the lost income was used to
 54 35 support actual and allowable costs of a service purchased
 55  1 under a purchase of service contract.
 55  2    7.  The group foster care reimbursement rates paid for
 55  3 placement of children out of state shall be calculated
 55  4 according to the same rate-setting principles as those used
 55  5 for in-state providers unless the director of human services
 55  6 or the director's designee determines that appropriate care
 55  7 cannot be provided within the state.  The payment of the daily
 55  8 rate shall be based on the number of days in the calendar
 55  9 month in which service is provided.
 55 10    8.  For the fiscal year beginning July 1, 2003, the
 55 11 reimbursement rates for rehabilitative treatment and support
 55 12 services providers shall remain at the rates in effect on June
 55 13 30, 2003.
 55 14    9.  For the fiscal year beginning July 1, 2003, the
 55 15 combined service and maintenance components of the
 55 16 reimbursement rate paid to a shelter care provider shall be
 55 17 based on the cost report submitted to the department.  The
 55 18 maximum reimbursement rate shall be $83.69 per day.  The
 55 19 department shall reimburse a shelter care provider at the
 55 20 provider's actual and allowable unit cost, plus inflation, not
 55 21 to exceed the maximum reimbursement rate.
 55 22    10.  For the fiscal year beginning July 1, 2003, the
 55 23 department shall calculate reimbursement rates for
 55 24 intermediate care facilities for persons with mental
 55 25 retardation at the 80th percentile.
 55 26    11.  For the fiscal year beginning July 1, 2003, for child
 55 27 care providers, the department shall set provider
 55 28 reimbursement rates based on the rate reimbursement survey
 55 29 completed in December 1998.  The department shall set rates in
 55 30 a manner so as to provide incentives for a nonregistered
 55 31 provider to become registered.
 55 32    12.  For the fiscal year beginning July 1, 2003,
 55 33 reimbursements for providers reimbursed by the department of
 55 34 human services may be modified if appropriated funding is
 55 35 allocated for that purpose from the senior living trust fund
 56  1 created in section 249H.4, or as specified in appropriations
 56  2 from the healthy Iowans tobacco trust created in section
 56  3 12.65.
 56  4    13.  The department may adopt emergency rules to implement
 56  5 the hospital crossover claims process.
 56  6    14.  The department may adopt emergency rules to implement
 56  7 this section.
 56  8    Sec. 32.  TRANSFER AUTHORITY.  Subject to the provisions of
 56  9 section 8.39, for the fiscal year beginning July 1, 2003, if
 56 10 necessary to meet federal maintenance of effort requirements
 56 11 or to transfer federal temporary assistance for needy families
 56 12 block grant funding to be used for purposes of the federal
 56 13 social services block grant or to meet cash flow needs
 56 14 resulting from delays in receiving federal funding or to
 56 15 implement, in accordance with this Act, targeted case
 56 16 management for child protection and for activities currently
 56 17 funded with juvenile court services, county, or community
 56 18 moneys and state moneys used in combination with such moneys,
 56 19 the department of human services may transfer within or
 56 20 between any of the appropriations made in this Act and
 56 21 appropriations in law for the federal social services block
 56 22 grant to the department for the following purposes, provided
 56 23 that the combined amount of state and federal temporary
 56 24 assistance for needy families block grant funding for each
 56 25 appropriation remains the same before and after the transfer:
 56 26    1.  For the family investment program.
 56 27    2.  For child care assistance.
 56 28    3.  For child and family services.
 56 29    4.  For field operations.
 56 30    5.  For general administration.
 56 31    6.  MH/MR/DD/BI community services (local purchase).
 56 32    This section shall not be construed to prohibit existing
 56 33 state transfer authority for other purposes.
 56 34    Sec. 33.  FRAUD AND RECOUPMENT ACTIVITIES.  During the
 56 35 fiscal year beginning July 1, 2003, notwithstanding the
 57  1 restrictions in section 239B.14, recovered moneys generated
 57  2 through fraud and recoupment activities are appropriated to
 57  3 the department of human services to be used for additional
 57  4 fraud and recoupment activities performed by the department of
 57  5 human services or the department of inspections and appeals,
 57  6 and the department of human services may add not more than
 57  7 five full-time equivalent positions, in addition to those
 57  8 funded in this Act, subject to both of the following
 57  9 conditions:
 57 10    1.  The director of human services determines that the
 57 11 investment can reasonably be expected to increase recovery of
 57 12 assistance paid in error, due to fraudulent or nonfraudulent
 57 13 actions, in excess of the amount recovered in the fiscal year
 57 14 beginning July 1, 1997.
 57 15    2.  The amount expended for the additional fraud and
 57 16 recoupment activities shall not exceed the amount of the
 57 17 projected increase in assistance recovered.
 57 18    Sec. 34.  ELECTRONIC BENEFIT TRANSFER IMPLEMENTATION
 57 19 NONREVERSION.  Unspent funds appropriated in 2002 Iowa Acts,
 57 20 Second Extraordinary Session, chapter 1003, section 112, and
 57 21 allocated by the department of human services for the purpose
 57 22 of meeting federal food stamp electronic benefit transfer
 57 23 requirements shall not revert but shall remain available for
 57 24 the same purpose until the close of the succeeding fiscal
 57 25 year.
 57 26    Sec. 35.  NEW SECTION.  217A.1  PARENTAL INVOLVEMENT
 57 27 PROGRAM.
 57 28    1.  The department of human services shall convene an
 57 29 advisory group that includes representatives of the Iowa
 57 30 department of public health, the department of education, the
 57 31 department of workforce development, the department of
 57 32 corrections, the Iowa empowerment board, other state agencies
 57 33 that provide services to families, and representatives of
 57 34 business and industry, parents, faith-based organizations, and
 57 35 state and local community leaders, to present a plan to the
 58  1 general assembly that provides a comprehensive approach to
 58  2 policy and service delivery at the state, county, and local
 58  3 level and provides a network of services to assist both
 58  4 mothers and fathers in parenting their children.  While the
 58  5 comprehensive approach shall address the needs of both
 58  6 parents, the focus shall be on creating a policy and service
 58  7 delivery system that provides a network of resources to assist
 58  8 fathers in becoming and remaining engaged in their children's
 58  9 lives.  The plan shall be submitted on or before December 31,
 58 10 2003.
 58 11    2.  The comprehensive approach to parental involvement
 58 12 shall provide for all of the following:
 58 13    a.  STRUCTURE AND POLICIES.
 58 14    (1)  Identification of state laws, regulations, policies,
 58 15 and practices that interfere with or fail to help fathers
 58 16 become or remain engaged in their children's lives.
 58 17    (2)  Development of flexible service delivery options
 58 18 within the state system, including the public assistance and
 58 19 child support systems, to address the varying needs of
 58 20 families which may include modifying traditional enforcement
 58 21 of program requirements, referral to services, or other
 58 22 options.
 58 23    (3)  Integration of the state system and community level
 58 24 services to provide a social service network that is
 58 25 accessible to fathers as well as mothers.
 58 26    (4)  Creation of a systemwide approach for delivery of
 58 27 services to families that creates a family support network
 58 28 that does all of the following:
 58 29    (a)  Trains service workers to include both fathers and
 58 30 mothers as a family unit, rather than separately, in the
 58 31 delivery of services.
 58 32    (b)  Promotes a common awareness across disciplines, for
 58 33 workers providing services to parents and families, of the
 58 34 importance of both parents in children's lives.
 58 35    (c)  Systematically engages both parents and does not
 59  1 segment families in the provision of services.
 59  2    (d)  Improves communication across delivery systems.
 59  3    (e)  Provides for the partnering of various disciplines and
 59  4 levels of government in providing services to parents and
 59  5 families.
 59  6    (5)  Implementation of enhanced child support policies.
 59  7    b.  CONNECTING FATHERS WITH NECESSARY SERVICES.
 59  8    (1)  Utilization of the existing service system to connect
 59  9 fathers with local community-based services that help fathers
 59 10 develop the skills to become better parents and partners and
 59 11 more productive members of the workforce.
 59 12    (2)  Utilization of employment opportunities and training
 59 13 as catalysts to involve fathers with programs that help
 59 14 fathers develop skills to retain jobs and build healthy
 59 15 relationships.
 59 16    c.  PUBLIC AWARENESS.
 59 17    (1)  Promotion of public awareness of the importance of the
 59 18 emotional and financial involvement of both parents in their
 59 19 children's lives.
 59 20    (2)  Use of the media to encourage parents to discuss
 59 21 pregnancy prevention and parental responsibility with their
 59 22 children.
 59 23    d.  PREVENTION OF AND PLANNING FOR PARENTHOOD.
 59 24    (1)  Inclusion in the curriculum of grades nine through
 59 25 twelve and in the postsecondary education curriculum of
 59 26 responsible parenthood programs.  The curriculum shall target
 59 27 both young men and young women and shall include gender-
 59 28 specific lessons for males and females that focus on the
 59 29 unique male and female roles in pregnancy prevention.
 59 30    (2)  Utilization of a variety of access points to reach
 59 31 young men who may be outside of the school environment to
 59 32 provide prevention information.  Such access points may
 59 33 include recreation centers and sporting events, youth
 59 34 development programs, peer education programs, youth
 59 35 leadership development programs, male involvement groups,
 60  1 media campaigns, community programs, and street outreach.
 60  2    (3)  Integration of responsible parenthood and fatherhood
 60  3 curricula into existing abstinence and sexuality education.
 60  4    Sec. 36.  Section 234.35, subsection 1, paragraph c, Code
 60  5 2003, is amended to read as follows:
 60  6    c.  When the department has agreed to provide foster care
 60  7 services for the child for a period of not more than thirty
 60  8 ninety days on the basis of a signed placement agreement
 60  9 between the department and the child's parent or guardian
 60 10 initiated on or after July 1, 1992.
 60 11    Sec. 37.  2002 Iowa Acts, chapter 1125, section 1,
 60 12 subsection 2, paragraphs b and d, are amended to read as
 60 13 follows:
 60 14    b.  Amending rules to maintain the group care standard for
 60 15 a weekly average number of hours of therapy and counseling,
 60 16 but determine compliance by averaging the hours per week over
 60 17 the course of a month for group care documentation and
 60 18 recoupment to streamline requirements relating to skills
 60 19 development by removing the requirements for billed services
 60 20 documentation and clarifying the requirements for meeting
 60 21 weekly average hours of therapy and counseling and the
 60 22 methodology for determining compliance and overpayments.  The
 60 23 recoupment for failure to comply shall be applied for a week
 60 24 at a time for noncompliance, not to exceed the number of days
 60 25 paid.  This standard shall not be applied to a highly
 60 26 structured juvenile group care program.
 60 27    d.  Utilizing a weekly results summary for documentation of
 60 28 the group care requirement for daily provision of skills
 60 29 development.
 60 30    Sec. 38.  2002 Iowa Acts, chapter 1175, section 104, is
 60 31 amended to read as follows:
 60 32    SEC. 104.  COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
 60 33 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT
 60 34 AND ALLOCATIONS – FISCAL YEAR 2003-2004.  There is
 60 35 appropriated from the general fund of the state to the
 61  1 department of human services for the fiscal year beginning
 61  2 July 1, 2003, and ending June 30, 2004, the following amount,
 61  3 or so much thereof as is necessary, to be used for the purpose
 61  4 designated:
 61  5    For distribution to counties of the county mental health,
 61  6 mental retardation, and developmental disabilities allowed
 61  7 growth factor adjustment, as provided in this section in lieu
 61  8 of the provisions of section 331.438, subsection 2, and
 61  9 section 331.439, subsection 3, and chapter 426B:  
 61 10 .................................................. $ 19,073,638
 61 11    1.  The funding appropriated in this section is the allowed
 61 12 growth factor adjustment for fiscal year 2003-2004, and is
 61 13 allocated as follows:
 61 14    a.  For distribution as provided in this section:  
 61 15 .................................................. $ 17,073,638
 61 16    b.  For deposit in the risk pool created in the property
 61 17 tax relief fund and for distribution in accordance with
 61 18 section 426B.5, subsection 2:  
 61 19 .................................................. $  2,000,000
 61 20    2.  The following formula amounts shall be utilized only to
 61 21 calculate preliminary distribution amounts for fiscal year
 61 22 2003-2004 under this section by applying the indicated formula
 61 23 provisions to the formula amounts and producing a preliminary
 61 24 distribution total for each county:
 61 25    a.  For calculation of an allowed growth factor adjustment
 61 26 amount for each county in accordance with the formula in
 61 27 section 331.438, subsection 2, paragraph "b":  
 61 28 .................................................. $ 12,000,000
 61 29    b.  For calculation of a distribution amount for eligible
 61 30 counties from the per capita expenditure target pool created
 61 31 in the property tax relief fund in accordance with the
 61 32 requirements in section 426B.5, subsection 1:  
 61 33 .................................................. $ 12,492,712
 61 34    c.  For calculation of a distribution amount for counties
 61 35 from the mental health and developmental disabilities (MH/DD)
 62  1 community services fund in accordance with the formula
 62  2 provided in 2002 Iowa Acts, Senate File 2326, section 119,
 62  3 subsection 1 the appropriation made for the MH/DD community
 62  4 services fund for the fiscal year beginning July 1, 2003:  
 62  5 .................................................. $ 18,127,352
 62  6                                                      17,727,890
 62  7    3.  Notwithstanding any contrary provisions of sections
 62  8 225C.7, 331.438, subsection 2, 331.439, subsection 3, and
 62  9 426B.5, the moneys allocated for distribution in subsection 1,
 62 10 paragraph "b", and in any other Act of the Eightieth General
 62 11 Assembly, 2003 Session, for distribution to counties in the
 62 12 fiscal year beginning July 1, 2003, for purposes of the mental
 62 13 health and developmental disabilities (MH/DD) community
 62 14 services fund under section 225C.7, and for the allowed growth
 62 15 factor adjustment for services paid under a county's section
 62 16 331.424A mental health, mental retardation, and developmental
 62 17 disabilities services fund and as calculated under subsection
 62 18 2 to produce preliminary distribution amounts for counties
 62 19 shall be subject to withholding as provided in this section.
 62 20    4.  After applying the applicable statutory distribution
 62 21 formulas to the amounts indicated in subsection 2 for purposes
 62 22 to produce preliminary distribution totals, the department of
 62 23 human services shall apply a withholding factor to adjust an
 62 24 eligible individual county's preliminary distribution total.
 62 25 An ending balance percentage for each county shall be
 62 26 determined by expressing the county's ending balance on a
 62 27 modified accrual basis under generally accepted accounting
 62 28 principles for the fiscal year beginning July 1, 2002, in the
 62 29 county's mental health, mental retardation, and developmental
 62 30 disabilities services fund created under section 331.424A, as
 62 31 a percentage of the county's gross expenditures from that fund
 62 32 for that fiscal year.  The withholding factor for a county
 62 33 shall be the following applicable percent:
 62 34    a.  For an ending balance percentage of less than 10
 62 35 percent, a withholding factor of 0 percent.
 63  1    b.  For an ending balance percentage of 10 through 24
 63  2 percent, a withholding factor of 25 percent.
 63  3    c.  For an ending balance percentage of 25 through 34
 63  4 percent, a withholding factor of 60 percent.
 63  5    d.  For an ending balance percentage of 35 through 44
 63  6 percent, a withholding factor of 85 percent.
 63  7    e.  For an ending balance percentage of 45 percent or more,
 63  8 a withholding factor of 100 percent.
 63  9    5.  The total withholding amounts applied pursuant to
 63 10 subsection 4 shall be equal to a withholding target amount of
 63 11 $7,419,074 and the appropriation enacted by the Eightieth
 63 12 General Assembly, 2003 Session, for the MH/DD community
 63 13 services fund shall be reduced by the amount necessary to
 63 14 attain the withholding target amount.  If the department of
 63 15 human services determines that the amount to be withheld in
 63 16 accordance with subsection 4 is not equal to the target
 63 17 withholding amount, the department shall adjust the
 63 18 withholding factors listed in subsection 4 as necessary to
 63 19 achieve the withholding target amount.  However, in making
 63 20 such adjustments to the withholding factors, the department
 63 21 shall strive to minimize changes to the withholding factors
 63 22 for those ending balance percentage ranges that are lower than
 63 23 others and shall not adjust the zero withholding factor
 63 24 specified in subsection 4, paragraph "a".
 63 25    6.  A county must comply with both the requirements listed
 63 26 in this subsection to be eligible to receive a funding
 63 27 distribution under this section.  The amount that would
 63 28 otherwise be available for distribution to a county that fails
 63 29 to so comply shall be proportionately distributed among the
 63 30 eligible counties.  Both of the following requirements are
 63 31 applicable:
 63 32    a.  A county must comply with the December 1, 2003, filing
 63 33 deadline for the county annual financial report in accordance
 63 34 with section 331.403.
 63 35    b.  A county must levy the not less than 70 percent of the
 64  1 maximum amount allowed for the county's mental health, mental
 64  2 retardation, and developmental disabilities services fund
 64  3 under section 331.424A for taxes due and payable in the fiscal
 64  4 year beginning July 1, 2003.
 64  5    7.  The department of human services shall authorize the
 64  6 issuance of warrants payable to the county treasurer for the
 64  7 distribution amounts due the counties eligible under this
 64  8 section and notwithstanding prior practice for the MH/DD
 64  9 community services fund, the warrants shall be issued in
 64 10 January 2004.
 64 11    Sec. 39.  2002 Iowa Acts, Second Extraordinary Session,
 64 12 chapter 1003, section 126, subsection 3, paragraph d, is
 64 13 amended to read as follows:
 64 14    d.  Notwithstanding section 8.33, up to $500,000 of a state
 64 15 resource center's revenues that remain unencumbered or
 64 16 unobligated at the close of the fiscal year shall not revert
 64 17 but shall remain available to be used in the succeeding fiscal
 64 18 year.
 64 19    Sec. 40.  2002 Iowa Acts, Second Extraordinary Session,
 64 20 chapter 1003, section 131, is amended by adding the following
 64 21 new unnumbered paragraph:
 64 22    NEW UNNUMBERED PARAGRAPH.  Notwithstanding section 8.33,
 64 23 moneys appropriated in this section that remain unencumbered
 64 24 or unobligated at the close of the fiscal year shall not
 64 25 revert but shall remain available until the close of the
 64 26 succeeding fiscal year to be used for payment of employee
 64 27 relocation expenses associated with moving the program to
 64 28 Cherokee.
 64 29    Sec. 41.  EMERGENCY RULES.  If specifically authorized by a
 64 30 provision of this Act, the department of human services or the
 64 31 mental health and developmental disabilities commission may
 64 32 adopt administrative rules under section 17A.4, subsection 2,
 64 33 and section 17A.5, subsection 2, paragraph "b", to implement
 64 34 the provisions and the rules shall become effective
 64 35 immediately upon filing or on a later effective date specified
 65  1 in the rules, unless the effective date is delayed by the
 65  2 administrative rules review committee.  Any rules adopted in
 65  3 accordance with this section shall not take effect before the
 65  4 rules are reviewed by the administrative rules review
 65  5 committee.  The delay authority provided to the administrative
 65  6 rules review committee under section 17A.4, subsection 5, and
 65  7 section 17A.8, subsection 9, shall be applicable to a delay
 65  8 imposed under this section, notwithstanding a provision in
 65  9 those sections making them inapplicable to section 17A.5,
 65 10 subsection 2, paragraph "b".  Any rules adopted in accordance
 65 11 with the provisions of this section shall also be published as
 65 12 notice of intended action as provided in section 17A.4.
 65 13    Sec. 42.  REPORTS.
 65 14    1.  Any reports or information required to be compiled and
 65 15 submitted under this Act shall be submitted to the
 65 16 chairpersons and ranking members of the joint appropriations
 65 17 subcommittee on health and human services, the legislative
 65 18 fiscal bureau, the legislative service bureau, and to the
 65 19 legislative caucus staffs on or before the dates specified for
 65 20 submission of the reports or information.
 65 21    2.  In order to reduce mailing and paper processing costs,
 65 22 the department shall provide, to the extent feasible, reports,
 65 23 notices, minutes, and other documents by electronic means to
 65 24 those persons who have the capacity to access the documents in
 65 25 that manner.
 65 26    Sec. 43.  LAW INAPPLICABLE FOR FISCAL YEAR 2003-2004.
 65 27    1.  The following provisions in Code or rule shall be
 65 28 suspended for the period beginning July 1, 2003, and ending
 65 29 June 30, 2004:
 65 30    a.  The requirements of section 239B.2A, relating to school
 65 31 attendance by children participating in the family investment
 65 32 program.
 65 33    b.  For a case permanency plan, as defined in section
 65 34 232.2, the requirement for a six-month case permanency plan
 65 35 review for an intact family.
 66  1    c.  The requirements of section 225C.42, relating to an
 66  2 annual evaluation of the family support subsidy program.
 66  3    2.  The department may adopt emergency rules to implement
 66  4 the provisions of this section.
 66  5    Sec. 44.  EFFECTIVE DATES.  The following provisions of
 66  6 this division of this Act, being deemed of immediate
 66  7 importance, take effect upon enactment:
 66  8    1.  The provision under the appropriation for child and
 66  9 family services, relating to requirements of section 232.143
 66 10 for representatives of the department of human services and
 66 11 juvenile court services to establish a plan for continuing
 66 12 group foster care expenditures for the 2002-2003 fiscal year.
 66 13    2.  The provision under the appropriation for child and
 66 14 family services, relating to the state court administrator
 66 15 determining allocation of court-ordered services funding by
 66 16 June 15, 2003.
 66 17    3.  The provision relating to unspent funds for food stamp
 66 18 electronic benefit transfer remaining available from the
 66 19 appropriation made in 2002 Iowa Acts, Second Extraordinary
 66 20 Session, chapter 1003, section 112, for the 2003-2004 fiscal
 66 21 year.
 66 22    4.  The provisions amending 2002 Iowa Acts, Second
 66 23 Extraordinary Session, chapter 1003, sections 126 and 131,
 66 24 relating to nonreversion of moneys appropriated in fiscal year
 66 25 2002-2003 for the state resource centers and for the sexually
 66 26 violent predator program.  
 66 27                           DIVISION IV
 66 28                    SENIOR LIVING TRUST FUND
 66 29    Sec. 45.  DEPARTMENT OF ELDER AFFAIRS.  There is
 66 30 appropriated from the senior living trust fund created in
 66 31 section 249H.4 to the department of elder affairs for the
 66 32 fiscal year beginning July 1, 2003, and ending June 30, 2004,
 66 33 the following amount, or so much thereof as is necessary, to
 66 34 be used for the purpose designated:
 66 35    For the development and implementation of a comprehensive
 67  1 senior living program, including program administration and
 67  2 costs associated with implementation, salaries, support,
 67  3 maintenance, and miscellaneous purposes:  
 67  4 .................................................. $  7,180,814
 67  5    It is the intent of the general assembly that the
 67  6 department not transfer moneys appropriated to the department
 67  7 for purposes of the assisted living program and adult day care
 67  8 for the fiscal year beginning July 1, 2003.
 67  9    Sec. 46.  DEPARTMENT OF INSPECTIONS AND APPEALS.  There is
 67 10 appropriated from the senior living trust fund created in
 67 11 section 249H.4 to the department of inspections and appeals
 67 12 for the fiscal year beginning July 1, 2003, and ending June
 67 13 30, 2004, the following amount, or so much thereof as is
 67 14 necessary, to be used for the purpose designated:
 67 15    For the inspection and certification of assisted living
 67 16 facilities and adult day care services, including program
 67 17 administration and costs associated with implementation,
 67 18 salaries, support, maintenance, and miscellaneous purposes and
 67 19 for not more than the following full-time equivalent
 67 20 positions:  
 67 21 .................................................. $    800,000
 67 22 ............................................... FTEs       6.00
 67 23    Sec. 47.  DEPARTMENT OF HUMAN SERVICES.  There is
 67 24 appropriated from the senior living trust fund created in
 67 25 section 249H.4 to the department of human services for the
 67 26 fiscal year beginning July 1, 2003, and ending June 30, 2004,
 67 27 the following amounts, or so much thereof as is necessary, to
 67 28 be used for the purposes designated:
 67 29    1.  To provide grants to nursing facilities for conversion
 67 30 to assisted living programs or to provide long-term care
 67 31 alternatives and to provide grants to ICF/MR for conversion to
 67 32 assisted living programs or home and community-based services
 67 33 and to provide grants to long-term care providers for
 67 34 development of long-term care alternatives:  
 67 35 .................................................. $ 20,000,000
 68  1    Up to 25 percent of this amount may be used for development
 68  2 of less restrictive community-based services with a
 68  3 significant focus on reducing the numbers of persons served in
 68  4 state resource centers and other intermediate care facilities
 68  5 for persons with mental retardation as well as for activities
 68  6 designed to facilitate the planning for or placement of such
 68  7 services and persons.
 68  8    2.  To supplement the medical assistance appropriation,
 68  9 including program administration and costs associated with
 68 10 implementation, salaries, support, maintenance, and
 68 11 miscellaneous purposes, and for not more than the following
 68 12 full-time equivalent positions:  
 68 13 .................................................. $101,600,000
 68 14 ............................................... FTEs       5.00
 68 15    3.  To provide reimbursement for health care services and
 68 16 rent expenses to eligible persons through the home and
 68 17 community-based services waiver and the state supplementary
 68 18 assistance program, including program administration and data
 68 19 system costs associated with implementation, salaries,
 68 20 support, maintenance, and miscellaneous purposes:  
 68 21 .................................................. $  1,733,406
 68 22    Participation in the rent subsidy program shall be limited
 68 23 to only those persons who are at risk for nursing facility
 68 24 care.  The department shall adopt emergency rules to implement
 68 25 this provision.
 68 26    4.  To implement nursing facility provider reimbursements
 68 27 as provided in 2001 Iowa Acts, chapter 192, section 4,
 68 28 subsection 2, paragraph "c":  
 68 29 .................................................. $ 29,950,000
 68 30    In order to carry out the purposes of this section, the
 68 31 department shall transfer funds appropriated in this section
 68 32 to supplement other appropriations made to the department of
 68 33 human services.
 68 34    5.  Notwithstanding sections 249H.4 and 249H.5, the
 68 35 department of human services may use moneys from the senior
 69  1 living trust fund for cash flow purposes to make payments
 69  2 under the nursing facility or hospital upper payment limit
 69  3 methodology.  The amount of any moneys so used shall be
 69  4 refunded to the senior living trust fund within the same
 69  5 fiscal year and in a prompt manner.
 69  6    6.  Notwithstanding section 8.33, moneys committed to
 69  7 grantees under contract to provide for conversion to assisted
 69  8 living programs or for development of long-term care
 69  9 alternatives that remain unexpended at the close of the fiscal
 69 10 year shall not revert to any fund but shall remain available
 69 11 for expenditure for purposes of the contract.
 69 12    Sec. 48.  CONVERSION GRANT PROJECTS – RULES.
 69 13    1.  For the fiscal year beginning July 1, 2003, and ending
 69 14 June 30, 2004, the department of human services shall continue
 69 15 to give greater weight in the scoring methodology to nursing
 69 16 facility conversion projects that are primarily for the
 69 17 renovation and remodeling of the existing nursing facility
 69 18 structure and give less weight to conversion projects that are
 69 19 primarily for new construction.  The department of human
 69 20 services shall encourage cooperative efforts between the
 69 21 department of inspections and appeals, the state fire marshal,
 69 22 and the grant applicant to promote the acceptance of nursing
 69 23 facility conversion projects that are primarily renovation and
 69 24 remodeling of the existing nursing facility structure.
 69 25    2.  For the fiscal year beginning July 1, 2003, and ending
 69 26 June 30, 2004, the department of inspections and appeals shall
 69 27 certify all assisted living programs established through
 69 28 nursing facility conversion grants.  The department of
 69 29 inspections and appeals shall consult with conversion grant
 69 30 applicants and recipients to establish and monitor occupancy
 69 31 agreements and assisted living program residents shall be
 69 32 allowed access to third-party payors.  
 69 33                           DIVISION V
 69 34                       HOSPITAL TRUST FUND
 69 35    Sec. 49.  DEPARTMENT OF HUMAN SERVICES APPROPRIATION.
 70  1 There is appropriated from the hospital trust fund created in
 70  2 section 249I.4 to the department of human services for the
 70  3 fiscal year beginning July 1, 2003, and ending June 30, 2004,
 70  4 the following amount, or so much thereof as is necessary, to
 70  5 be used for the purpose designated:
 70  6    To supplement the medical assistance appropriation:  
 70  7 .................................................. $ 15,000,000
 70  8                           DIVISION VI
 70  9                 COMMISSION OF VETERANS AFFAIRS
 70 10    Sec. 50.  COMMISSION OF VETERANS AFFAIRS.  There is
 70 11 appropriated from the general fund of the state to the
 70 12 commission of veterans affairs for the fiscal year beginning
 70 13 July 1, 2003, and ending June 30, 2004, the following amounts,
 70 14 or so much thereof as is necessary, to be used for the
 70 15 purposes designated:
 70 16    1.  COMMISSION OF VETERANS AFFAIRS ADMINISTRATION
 70 17    For salaries, support, maintenance, miscellaneous purposes,
 70 18 including the war orphan educational fund established pursuant
 70 19 to chapter 35, and for not more than the following full-time
 70 20 equivalent positions:  
 70 21 .................................................. $    288,193
 70 22 ............................................... FTEs       4.00
 70 23    The commission of veterans affairs may use the gifts
 70 24 accepted by the chairperson of the commission of veterans
 70 25 affairs, or designee, and other resources available to the
 70 26 commission for use at its Camp Dodge office.  The commission
 70 27 shall report annually to the governor and the general assembly
 70 28 on monetary gifts received by the commission for the Camp
 70 29 Dodge office.
 70 30    2.  IOWA VETERANS HOME
 70 31    For salaries, support, maintenance, miscellaneous purposes,
 70 32 and for not more than the following full-time equivalent
 70 33 positions:  
 70 34 .................................................. $ 14,205,741
 70 35 ............................................... FTEs     843.50
 71  1    a.  The Iowa veterans home may use the gifts accepted by
 71  2 the chairperson of the commission of veterans affairs and
 71  3 other resources available to the commission for use at the
 71  4 Iowa veterans home.
 71  5    b.  Any Iowa veterans home successor contractor shall not
 71  6 consider employees of a state institution or facility to be
 71  7 new employees for purposes of employee wages, health
 71  8 insurance, or retirement benefits.
 71  9    c.  The chairpersons and ranking members of the joint
 71 10 appropriations subcommittee on health and human rights or
 71 11 successor subcommittee shall be notified by January 15 of any
 71 12 calendar year during which a request for proposals is
 71 13 anticipated to be issued regarding any Iowa veterans home
 71 14 contract involving employment, for purposes of providing
 71 15 legislative review and oversight.
 71 16    d.  The Iowa veterans home shall operate with a net state
 71 17 general fund appropriation.  The amount appropriated in this
 71 18 subsection is the net amount of state moneys projected to be
 71 19 needed for the Iowa veterans home.  The purposes of operating
 71 20 with a net state general fund appropriation are to encourage
 71 21 the Iowa veterans home to operate with increased self-
 71 22 sufficiency, to improve quality and efficiency, and to support
 71 23 collaborative efforts among all funders of services available
 71 24 from the Iowa veterans home.  Moneys appropriated in this
 71 25 subsection may be used throughout the fiscal year in the
 71 26 manner necessary for purposes of cash flow management, and for
 71 27 purposes of cash flow management the Iowa veterans home may
 71 28 temporarily draw more than the amount appropriated, provided
 71 29 the amount appropriated is not exceeded at the close of the
 71 30 fiscal year.
 71 31    e.  Revenues attributable to the Iowa veterans home for the
 71 32 fiscal year beginning July 1, 2003, shall be deposited into
 71 33 the Iowa veterans home account and shall be treated as
 71 34 repayment receipts, including but not limited to all of the
 71 35 following:
 72  1    (1)  Federal veterans administration payments.
 72  2    (2)  Medical assistance revenue received under chapter
 72  3 249A.
 72  4    (3)  Federal Medicare program payments.
 72  5    (4)  Moneys received from client financial participation.
 72  6    (5)  Other revenues generated from current, new, or
 72  7 expanded services which the Iowa veterans home is authorized
 72  8 to provide.
 72  9    f.  For the purposes of allocating the salary adjustment
 72 10 fund moneys appropriated in another Act, the Iowa veterans
 72 11 home shall be considered to be funded entirely with state
 72 12 moneys.
 72 13    g.  Notwithstanding section 8.33, up to $500,000 of the
 72 14 Iowa veterans home revenues that remain unencumbered or
 72 15 unobligated at the close of the fiscal year shall not revert
 72 16 but shall remain available to be used in the succeeding fiscal
 72 17 year.
 72 18    Sec. 51.  2002 Iowa Acts, Second Extraordinary Session,
 72 19 chapter 1003, section 102, subsection 2, paragraph g, is
 72 20 amended to read as follows:
 72 21    g.  Notwithstanding section 8.33, up to $500,000 $1,000,000
 72 22 of the Iowa veterans home revenues that remain unencumbered or
 72 23 unobligated at the close of the fiscal year shall not revert
 72 24 but shall remain available to be used in the succeeding fiscal
 72 25 year.
 72 26    Sec. 52.  EFFECTIVE DATE.  The section of this division of
 72 27 this Act amending 2002 Iowa Acts, Second Extraordinary
 72 28 Session, chapter 1003, section 102, being deemed of immediate
 72 29 importance, takes effect upon enactment.  
 72 30                           EXPLANATION
 72 31    This bill relates to and makes appropriations for health
 72 32 and human services for fiscal year 2003-2004 to the state
 72 33 commission of veterans affairs, the Iowa veterans home, the
 72 34 department of elder affairs, the Iowa department of public
 72 35 health, the department of inspections and appeals, and the
 73  1 department of human services.
 73  2    Division I appropriates funding from the general fund of
 73  3 the state for the department of elder affairs.
 73  4    Division I includes a restriction of 7.5 percent on the
 73  5 amount of allocated funds for aging programs that may be used
 73  6 for administrative purposes by the area agencies on aging.
 73  7    Division II appropriates funding from the general fund of
 73  8 the state to the Iowa department of public health.
 73  9    Division II includes authority for the Iowa department of
 73 10 public health to retain and expend certain professional
 73 11 licensing fees and licensing fee increases, and to retain and
 73 12 expend fees from certification of lead inspectors and lead
 73 13 abaters.
 73 14    Division II directs the director of public health to
 73 15 establish a health care access partnership pilot project in
 73 16 one county for a two-year period.  The purpose of the project
 73 17 is to implement systems of health care services for persons
 73 18 with low income or without health insurance coverage by
 73 19 enhancing collaboration between providers of charity care or
 73 20 medical assistance (Medicaid) services.
 73 21    Division II appropriates funds from the gambling treatment
 73 22 fund for addictive disorders and provides for use of the funds
 73 23 remaining in the fund.
 73 24    Division II extends the vital records modernization project
 73 25 to June 30, 2004, and the scope of practice review project to
 73 26 June 30, 2004.
 73 27    Division III appropriates funding from the general fund of
 73 28 the state and the federal temporary assistance for needy
 73 29 families block grant to the department of human services.
 73 30    Division III provides for fiscal year 2003-2004 that the
 73 31 superintendent of the state training school at Eldora shall
 73 32 also be the superintendent of the Iowa juvenile home at
 73 33 Toledo.
 73 34    Division III includes contingency language in the
 73 35 appropriation for child and family services providing for a
 74  1 reduction in certain allocations and for appropriation
 74  2 transfers in the event that House File 568, relating to
 74  3 provision of school aid for children placed in the department
 74  4 of human services' institutions, is not enacted.
 74  5    Division III provides that if a foster parent is unable to
 74  6 complete the six hours of annual training requirement because
 74  7 the foster parent is engaged in active duty in the military,
 74  8 the foster parent is considered to have completed the
 74  9 requirement.
 74 10    Division III includes authority for the department to
 74 11 contract with other states to provide care and treatment of
 74 12 persons from the other states in Iowa's unit for sexually
 74 13 violent predators, provided the charges recover all direct and
 74 14 indirect costs.  The department may retain a portion of the
 74 15 charges.
 74 16    Division III allows the department to utilize a portion of
 74 17 moneys received in settlement of an overpayment to a child
 74 18 development center or other large overpayment settlement as
 74 19 additional funding for general administration positions.
 74 20    Division III includes new Code section 217A.1, requiring
 74 21 the department of human services to convene a group of state
 74 22 agencies and other stakeholders to develop a comprehensive
 74 23 approach for services to assist both mothers and fathers in
 74 24 parenting their children.
 74 25    Division III amends Code section 234.35, relating to state
 74 26 payment for various child welfare services, to allow payment
 74 27 for voluntary foster care services for a 90-day period rather
 74 28 than a 30-day period.
 74 29    Division III revises language in a 2002 enactment relating
 74 30 to requirements for children's rehabilitative treatment
 74 31 services reimbursed under Medicaid in order to change
 74 32 documentation provisions.
 74 33    Division III revises a funding amount used in the formula
 74 34 for distribution of mental health, mental retardation, and
 74 35 developmental disabilities allowed growth funding for fiscal
 75  1 year 2003-2004.
 75  2    Division III allows for carryover of unexpended fiscal year
 75  3 2002-2003 appropriations for electronic benefit transfer
 75  4 implementation, the sexually violent offender unit, and the
 75  5 Glenwood and Woodward state resource centers.  These
 75  6 provisions take effect upon enactment.
 75  7    Division III repeats for fiscal year 2003-2004 provisions
 75  8 suspending the applicability of the following laws:  school
 75  9 attendance requirements for children participating in the
 75 10 family investment program, six-month case permanency plan
 75 11 reviews required for children in an intact family, and annual
 75 12 evaluation required for the family support subsidy program.
 75 13    Provisions in division III related to issuance of funding
 75 14 plans by representatives of the department of human services
 75 15 and the judicial branch take effect upon enactment.
 75 16    Division IV makes appropriations for the 2003-2004 fiscal
 75 17 year from the senior living trust fund to the department of
 75 18 elder affairs, the department of human services, and the
 75 19 department of inspections and appeals.
 75 20    Division V makes an appropriation from the hospital trust
 75 21 fund to the department of human services to supplement the
 75 22 medical assistance appropriation.
 75 23    Division VI appropriates funding from the general fund of
 75 24 the state to the commission of veterans affairs.  Division VI
 75 25 further provides that the Iowa veterans home shall operate
 75 26 with a net state general fund appropriation, and that general
 75 27 fund moneys may be used for cash flow management purposes.
 75 28    Division VI includes authority for the veterans home to
 75 29 carry forward additional unspent moneys from fiscal year 2002-
 75 30 2003.  This provision takes effect upon enactment.  
 75 31 LSB 1124JA 80
 75 32 pf/cf/24
     

Text: HSB00308                          Text: HSB00310
Text: HSB00300 - HSB00399               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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