331.438  County mental health, mental retardation, and developmental disabilities services expenditures--management committee.

1.  For the purposes of section 331.424A, this section, section 331.439, and chapter 426B, unless the context otherwise requires:

a.  "Base year expenditures" means the amount selected by a county and reported to the county finance committee pursuant to this paragraph. The amount selected shall be equal to the amount of net expenditures made by the county for qualified mental health, mental retardation, and developmental disabilities services provided in either of the following fiscal years:

(1)  The actual amount reported to the state on October 15, 1994, for the fiscal year beginning July 1, 1993.

(2)  The net expenditure amount contained in the county's final budget certified in accordance with chapter 24 for the fiscal year beginning July 1, 1995, and reported to the county finance committee.

b.  "Per capita expenditure" means the amount derived from the sum of a county's expenditures for mental health, mental retardation, and developmental disabilities services for a fiscal year as reported to the department of human services pursuant to section 331.439, plus the state payment to the county and any payments made under section 426B.5 for that fiscal year, divided by the county's general population for that fiscal year.

c.  "Qualified mental health, mental retardation, and developmental disabilities services" means the services specified on forms issued by the county finance committee following consultation with the state-county management committee.

d.  "State payment" means the payment made by the state to a county determined to be eligible for the payment in accordance with section 331.439.

2. a.  A state payment to a county for a fiscal year shall consist of the sum of the state funding the county is eligible to receive from the property tax relief fund in accordance with section 426B.2 plus the county's portion of state funds appropriated for the allowed growth factor adjustment established by the general assembly under section 331.439, subsection 3.

b.  A county's portion of the allowed growth factor adjustment appropriation for a fiscal year shall be determined in accordance with the following formula:

(1)  Seventy-five percent based upon the county's proportion of the state's general population.

(2)  Twenty-five percent based upon the county's proportion of the sum of the following for the fiscal year which commenced two years prior to the beginning date of the fiscal year in which the allowed growth factor adjustment moneys are distributed:

(a)  The total net expenditure amount for qualified mental health, mental retardation, and developmental disabilities services for all counties as reported pursuant to section 331.439, subsection 1, paragraph "a".

(b)  The total of property tax relief payments distributed to counties in accordance with section 426B.2.

c.  The department of human services shall provide for payment of the amount due a county for the county's allowed growth factor adjustment determined in accordance with this subsection. The director of human services shall authorize warrants payable to the county treasurer for the amounts due and the warrants shall be mailed in January of each year. The county treasurer shall credit the amount of the warrant to the county's services fund created under section 331.424A.

3.  The state payment shall not include any expenditures for services that were provided but not reported in the county's base year expenditures or for any expenditures which were not included in the county management plan submitted by the county in accordance with section 331.439. A county's eligibility for state payment is subject to the provisions of section 331.439.

4. a.  A state-county management committee is created in the department of human services to make recommendations for joint state and county planning, implementing, and funding of mental health, mental retardation, and developmental disabilities services, including but not limited to developing and implementing fiscal and accountability controls, establishing management plans, and ensuring that eligible persons have access to appropriate and cost-effective services.

b.  The management committee shall consist of fifteen voting members as follows:

(1)  Four members shall be appointed by the director of human services. Four members shall be appointed by the Iowa state association of counties. Members appointed by the Iowa state association of counties shall be selected from a pool nominated by the county supervisor affiliate of the association with four members from the affiliate. The affiliate shall select the nominees through a secret ballot process. In addition, two members shall be appointed by the community services affiliate of the Iowa state association of counties.

(2)  The committee shall include two members nominated by service providers, one member nominated by service advocates, one member who is a service consumer, and one member nominated by the state's council of the association of federal, state, county, and municipal employees, with these members appointed by the governor.

(3)  In addition, the committee shall include four members of the general assembly with one each designated by the majority leader and minority leader of the senate and the speaker and minority leader of the house of representatives. A legislative member serves in an ex officio, nonvoting capacity and is eligible for per diem and expenses as provided in section 2.10.

(4)  A member who is not a legislator shall have expenses and other costs paid by the state or the county entity that the member represents. The committee shall elect officers, adopt operating procedures, and meet as deemed necessary by the committee. Terms of office for the appointed voting members of the committee are three years and shall be staggered. A vacancy on the committee shall be filled in the same manner as the original appointment.

c.  The management committee shall do all of the following:

(1)  Identify characteristics of the service system, including amounts expended, equity of funding among counties, funding sources, provider types, service availability, and equity of service availability among counties and among persons served.

(2)  Assess the accuracy and uniformity of record keeping and reporting in the service system.

(3)  Identify for each county the factors associated with inflationary growth of the service system.

(4)  Identify opportunities for containing service system growth.

(5)  Make recommendations for revising service system administrative rules.

(6)  Consider provisions for counties to implement a single point of accountability to plan, budget, and monitor county expenditures for the service system. The provisions shall provide options for counties to implement the single point in collaboration with other counties.

(7)  Develop criteria for annual county mental health, mental retardation, and developmental disabilities plans.

(8)  Make recommendations to the council on human services for administrative rules identifying qualified mental health, mental retardation, and developmental disabilities service expenditures for purposes of state payment pursuant to subsection 1.

(9)  Make recommendations to the council on human services for administrative rules for the county single entry point and clinical assessment processes required under section 331.440 and other rules necessary for the implementation of county management plans and expenditure reports required for state payment pursuant to section 331.439.

(10)  Make recommendations to improve the programs and cost effectiveness of state and county contracting processes and procedures, including strategies for negotiations relating to managed care. The recommendations developed for the state and county regarding managed care shall include but are not limited to standards for limiting excess costs and profits, and for restricting cost shifting under a managed care system.

(11)  Provide input, when appropriate, to the director of human services in any decision involving administrative rules which were initially recommended by the management committee.

(12)  Identify the fiscal impact of existing or proposed legislation and administrative rules on state and county expenditures.

(13)  No later than January 1, annually, submit a report to the governor, the general assembly, and the department of human services concerning the management committee's activities and findings.

(14)  On or before December 1, 1994, submit to the governor and general assembly a methodology for the state and counties to move toward the goal of an equal partnership in the funding of mental health, mental retardation, and developmental disabilities services. The committee consideration of methodology options shall include an expenditure per consumer basis.

(15)  Make recommendations to the mental health and developmental disabilities commission for administrative rules providing statewide standards and a monitoring methodology to determine whether cost-effective individualized services are available as required pursuant to section 331.439, subsection 1, paragraph "b".

(16)  Make recommendations to the mental health and developmental disabilities commission for administrative rules establishing statewide minimum standards for services and other support required to be available to persons covered by a county management plan under section 331.439.

(17)  Make recommendations to the mental health and developmental disabilities commission and counties for measuring and improving the quality of state and county mental health, mental retardation, and developmental disabilities services and other support.

Section History: Recent form

  90 Acts, ch 1250, §2; 92 Acts, ch 1241, §75; 94 Acts, ch 1163, §2; 95 Acts, ch 120, §5, 7; 95 Acts, ch 206, §14; 96 Acts, ch 1183, §34-37; 96 Acts, ch 1205, §2; 97 Acts, ch 23, § 36; 97 Acts, ch 198, § 3; 98 Acts, ch 1213, §4, 5, 9; 99 Acts, ch 160, §7-10

Internal References

  Referred to in § 229.24, 331.424A, 331.439, 331.440, 426B.2, 426B.4, 426B.5

Footnotes

  Establishment and distribution of allowed growth factor adjustment through fiscal year ending June 30, 1999; 97 Acts, ch 198, § 1

  Establishment and distribution of allowed growth factor for fiscal year beginning July 1, 1999; 98 Acts, ch 1218, §26

  County participation in planning for decategorization of funding; 97 Acts, ch 169, § 13

  See 98 Acts, ch 1213, §10, 11, for future amendment to subsection 2, paragraph b, effective July 1, 2000, and applicable to county budgets prepared and levies certified for the fiscal year beginning July 1, 2000

  Staggered terms for voting members of the state-county management committee, effective July 1, 1999, 99 Acts, ch 160, §12


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