1998 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

HUMAN SERVICES

HUMAN SERVICES LEGISLATION

SENATE FILE 2313 - Child Support, Spousal Support, and Related Matters (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act includes provisions relating to child support to comply with requirements in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, subsequent technical amendments made to the federal Act in 1997, and technical changes. The Act is organized into a number of divisions.

Division I provides for compliance with the federal Act requirement that by October 1, 1999, states provide a single location for employers to submit income withholding payments. Under the Act, employers will send all income withholding payments to one state disbursement unit which is responsible for receiving, recording and disbursing payments.

Division II requires operation of a state case registry (SCR) in compliance with a federal mandate effective October 1, 1998. The Child Support Recovery Unit (CSRU) of the Department of Human Services (DHS) must operate a case registry that includes all IV-D cases with or without orders in place and all orders for support established or modified in Iowa on or after October 1, 1998 (IV-D refers to Title IV-D of the federal Social Security Act, which is the basis for state assistance in child support recovery). The Iowa SCR will also include all non-IV-D orders under which an obligor is subject to income withholding. The federal Act requires that certain SCR data from Iowa be transmitted to the Federal Case Registry of Child Support Orders.

Division III relates to new hire reporting. For several years, Iowa employers have been required to comply with child support reporting and payment requirements. Iowa must now meet the new hire reporting requirements of the federal Act by October 1, 1998. A portion of the new requirements were enacted in 1997 and the remaining requirements are in this Act. The changes include amending the definition of "employee" to eliminate an age limit and a minimum salary, requiring a reporting form that allows employers to use the W-4 or an equivalent form to report the federally mandated elements, allowing an optional filing time included in federal law for employers who file electronically, and making confidentiality requirements conform with the federal law.

Division IV relates to confidentiality and disclosure. Federal legislation enacted August 5, 1997, and November 19, 1997, made several changes to the 1996 federal Act regarding who has access to Federal Parent Locator Service (FPLS) and CSRU confidential information and the safeguards which must be in place. These changes require amendments to legislation enacted by the General Assembly in 1997. One of the new federal requirements is to notify FPLS if confidential information should be protected because there is a protective concern or reasonable evidence of domestic violence or child abuse. This Act lists the criteria used by CSRU to determine if FPLS should be notified. The notification is called notification of a "disclosure risk indicator." Another federal requirement is that CSRU operate a parent locator service to provide confidential information to persons authorized under federal law to receive the information for specific purposes, subject to safeguards. Since a court is also an "authorized person" under federal law to receive confidential information subject to safeguards, this Act includes a second process for the courts.

Division V relates to voluntary paternity affidavits and recisions. Voluntary paternity affidavits may be used to legally establish the paternity of a child born out of wedlock. Federal legislation enacted in August 1997, which included a technical amendment to the 1996 federal Act, allows oral information about the voluntary paternity affidavit process to be provided by video or audio tapes or similar means. This Act also includes a technical correction of the time allowed to rescind an affidavit. Clarification from the federal Office of Child Support Enforcement provides an affidavit may be rescinded within the earlier of 60 days after the latest notarized signature of the mother and putative father on the affidavit or upon the entry of a court order relating to the child.

Division VI provides technical amendments related to enforcement of orders for health care coverage. Federal legislation enacted August 5, 1997, includes several amendments to the federal law which controls health care coverage benefits for self-funded Iowa employers. This Act amends Code Chapter 252E to conform the definition of a "qualified medical child support order" to the new federal definition. It also clarifies that CSRU may send a notice of the order to the employer, and is not required to send a photocopy of the order. This is similar to the income withholding process.

Division VII redefines "account" in Code Chapter 252I, relating to levies against child support obligor accounts in financial institutions, to comply with the federal definition.

Division VIII relates to passport sanction. The federal Act included a requirement for the sanctioning of a passport if the passport holder's child support delinquency is over $5,000. In 1997, the federal government issued instructions to states regarding how to implement the requirement in coordination with three federal agencies. In 1997, Iowa legislation was enacted to provide a process for this, but changes are now needed to conform with the new federal instructions. The process involves Iowa certifying a list of delinquent obligors to the federal Office of Child Support Enforcement. Notices are then sent to obligors on that list notifying them of their rights to appeal.

Division IX relates to the determination of a controlling order. In 1997, the Uniform Interstate Family Support Act was enacted in Iowa which, in part, provides a "one-order" system to facilitate interstate child support enforcement. Under that Act and under federal law, a state may have to determine which of several orders will be the "controlling order." The Act clarifies that if CSRU is administratively modifying a support order, and if it is necessary to determine the controlling order, the unit is authorized to make that determination subject to court ratification. This will prevent the filing of two separate actions: one to determine the controlling order and one to modify the order.

Division X provides intent language of the General Assembly in promoting responsible parenthood.

Division XI relates to satisfaction of accrued support debt by requiring the DHS, on or after July 1, 1999, to implement a program for the satisfaction of accrued support debt. The department is directed to adopt rules for the program, which may be established on a pilot program basis.

Division XII requires the DHS, by July 1, 1999, to adopt rules for imputing income based on the earning capacity of a parent who does not provide income information or for whom income information is not available. Under prior law, income in such situations was imputed based upon the estimated state median income for a one-person family.

Division XIII permits the DHS to adopt emergency rules to decrease the percentage of income to be withheld to pay a child support delinquency from the 50 percent amount required as of June 30, 1998.

Division XIV provides that if an obligee so requests and if not prohibited by the Uniform Interstate Family Support Act, an obligation of support over the obligor may be deemed satisfied upon filing of the order suspending the support obligation order.

Division XV requires the DHS to seek permission from the U.S. Department of Health and Human Services for a statewide initiative to pass the full amount of child support collected, on behalf of a Family Investment Program participant, through to the family without being required to reimburse the federal government for the federal share.

HOUSE FILE 2348 - Department of Human Services Institutions and Services -- Miscellaneous Provisions (full text of act)

BY HOUSER, BRAUNS, FOEGE, HEATON, AND MERTZ. This Act relates to institutions and facilities administered by the Department of Human Services (DHS) and to similar and related services. The Act was sponsored by House of Representatives members of the Institutions and Facilities Committee of the Human Services Restructuring Task Force. This Task Force was created by the Legislative Council and met during the 1997 Legislative Interim.

The Act provides legislative findings and intent concerning DHS institutions. These findings address the past contributions to care of persons with mental illness or disabilities and of juveniles, and stress the evolving role of the institutions to become multiuse regional resource centers.

The Act requests the Legislative Council to authorize the Legislative Service Bureau to work with representatives of DHS institutions and various interest groups in a review of the Code provisions pertaining to the institutions. The purpose of the review is to develop proposed legislation to more accurately reflect the changed role of the institutions, consistent with the Act's provisions.

The Act also addresses out-of-state services in two ways. The department is directed to work with various interests in reviewing services to persons with mental illness, mental retardation or other disabilities who are placed outside of this state and to develop options to make in-state placement possible. In addition, DHS may enter into discussions with bordering states to utilize resources for making appropriate services available to citizens of those other states.

The Iowa Department of Public Health (IDPH) is to work with various other state agencies and county representatives in reviewing methamphetamine use in Iowa. The Act directs IDPH to submit a report to the Governor and the General Assembly providing statistical information concerning the drug's use and early intervention options. In addition, the review is to address availability of dual diagnosis, substance abuse and mental illness treatment, and various questions concerning costs and reimbursements.

The Department of Human Services is also directed to consult with various state agencies in reviewing cost recovery and other financial aspects of contracts for use of space and other resources of the DHS institutions. The department is to report findings and other options for cost recovery to the Governor and the General Assembly.

Code Section 18.6, relating to state purchasing under the Department of General Services, is amended to require state purchasing of products produced by various publicly funded programs employing persons with mental retardation or other developmental disabilities, or mental illness. In addition, the state is to make every effort to purchase products produced for sale by employers of persons in supported employment.

Code Section 217.3, relating to the duties of the Council of Human Services, is amended to require the materials accompanying the budget approved by the council to include a review of options for revising the Medical Assistance (Medicaid) Program.

Code Section 222.1, relating to the purposes of the state hospital-schools, is amended to include serving as a regional resource center for the communities in the region served by a hospital-school and to serve as a training resource. In addition, a hospital-school is authorized to obtain the approval of the Council of Human Services for a change of the name used in various official communications.

The Act expands Code Sections 222.73 and 230.20, authorizing the superintendents of hospital-schools and mental health institutes to enter into contracts to provide various services, to include the scope of the revised purpose provided in the Act. This authorization for contracting is amended to permit the superintendents to request that the Director of Human Services enter into the contracts rather than the superintendents entering into the contracts. Current law allows the institutions to retain the income from these contracts to defray costs.

The Act amends Code Section 226.1, relating to the official designation for the state hospitals for persons with mental illness (mental health institutes), to outline the purposes of a mental health institute. Under the Act, the purposes include various forms of treatment and support for persons with mental illness or a substance abuse problem. In addition, a mental health institute is to provide various forms of support to the communities located in the region and is encouraged to act as a training resource. A mental health institute is also authorized to obtain the approval of the Council of Human Services for a change of the name used in various official communications.

HOUSE FILE 2468 - Child and Family Services -- Electronic Benefits Transfer Program (Complete summary under OMMITTEE ON COMMERCE AND REGULATION.)

This Act authorizes the Department of Human Services (DHS) to establish an Electronic Benefits Transfer Program. The program would be used to provide benefits, such as food stamp benefits, to eligible individuals through the use of electronic funds transfer system equipment. The program, if established, must satisfy several criteria, including that a retailer must not be required to make cash disbursements, or to provide, purchase or upgrade electronic funds transfer system equipment as a condition of participation in the program; a participating retailer providing electronic funds transfer system equipment for transactions pursuant to the program is to be reimbursed 15 cents for each approved transaction utilizing the retailer's equipment; and a retailer that provides electronic funds transfer system equipment for transactions pursuant to the program and that makes cash disbursements pursuant to the program utilizing the retailer's equipment is to be paid a fee of 15 cents by the DHS for each cash disbursement transaction by the retailer.

The Act provides that a point-of-sale terminal used only for purchases from a retailer under the Electronic Benefits Transfer Program is not a satellite terminal for purposes of Code Chapter 527, which generally applies to electronic funds transfers.

HOUSE FILE 2523 - Medical Assistance Reimbursement for Certain Providers (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act requires that rural health clinics and federally qualified health clinics are to receive cost-based reimbursement for services provided under the Medical Assistance (Medicaid) Program.

HOUSE FILE 2558 - Mental Health, Developmental Disability, and Substance Abuse Service, Commitment, and Payment (full text of act)

BY COMMITTEE ON APPROPRIATIONS. This Act relates to mental health, developmental disability and substance abuse service Code provisions involving community mental health centers, Medical Assistance (Medicaid) reimbursement, legal settlement, age-related requirements of county management plans, dual civil commitments, and county liability for costs relating to commitment of sexually violent predators. The Act is organized into a number of divisions.

COMMUNITY MENTAL HEALTH CENTERS. Division I relates to establishment and continuance of community mental health centers and to reimbursement amounts for the centers.

The Act amends Code Section 230A.1, relating to establishment and continued support of community mental health centers, by striking language which allows the board or boards of supervisors to make a single, nonrecurring expenditure in establishing a center.

The Act amends Code Section 230A.3, relating to forms of organization of centers, to add a third type of organization. The third type would allow a center established prior to July 1, 1998, as a not-for-profit corporation under contract with a board or boards of supervisors, to continue without an agreement with the county or counties that originally established the center, provided the center complies with applicable standards. This authority is repealed following the three-year period beginning July 1, 1998, and ending June 30, 2001.

The Act amends Code Section 249A.4, relating to the duties of the Director of Human Services concerning the Medicaid Program, to require the director to establish appropriate reimbursement rates for community mental health centers accredited by the Mental Health and Developmental Disabilities Commission. The rates are to be phased in over the three-year period, July 1, 1998, through June 30, 2001.

LEGAL SETTLEMENT. Division II relates to legal settlement and payment of mental health and disabilities services costs by the state and counties.

Effective July 1, 1999, the Act amends Code Section 230.1 to provide that liability for the costs and expenses of a person with mental illness admitted or committed to a state hospital are to be paid by the county or state based upon the new criteria of the age of the person. These expenses and costs are to be paid by the county if the person has legal settlement in the county and the person is 18 years of age or older. These expenses and costs are to be paid by the state if the person has no legal settlement, legal settlement is unknown, or the person is under 18 years of age. The Department of Human Services (DHS) is to work with counties and other parties to develop fiscal estimates for implementation of the amendments to Code Section 230.1. The state portion of the fiscal estimate is to be incorporated into the department's budget for fiscal year 1999-2000.

The Act amends Code Section 252.16, relating to how legal settlement is acquired, by deleting language referring to the site of a service provider in a county.

SUPPORTED COMMUNITY LIVING. Division III relates to mental health and developmental disability (MH/DD) services provisions involving supported community living services.

The definition of "community supervised apartment living arrangements" (CSALAs) is changed to "supported community living services." The change is reflected in Code Section 135C.6, relating to exemptions from health care facility licensing; in Code Section 225C.21, which under prior law authorized CSALAs; and in Code Section 235B.3, relating to dependent adult abuse reports.

HOME AND COMMUNITY-BASED WAIVERS. Division IV amends provisions in the exemption from health care facility licensing requirements for medical assistance home and community-based waiver residential services for persons with mental retardation. Separate exemption categories for programs serving three individuals and for programs serving four individuals are combined to authorize services to up to four individuals. A conforming amendment is applied to provisions involving residential care facilities for persons with mental retardation serving five individuals which convert to a residential program under the waiver.

MH/DD SERVICE REGULATION. Division V amends and deletes various duties of the Mental Health and Developmental Disabilities Commission under Code Section 225C.6. Division V also directs DHS to include persons with Prader-Willi Syndrome in the definition of "persons with developmental disabilities" used in the department's rules for accreditation or certification of mental health and disability service providers.

COUNTY MANAGEMENT PLANS. Division VI affects county management plans for mental health, mental retardation and developmental disabilities services. The State-County Management Committee is directed to review requirements for county management plans. Code Section 331.439, which relates to age-related requirements for county management plans, is amended to strike subsection 8, which requires a county management plan to allow for the service needs of all ages of persons for whom expenditures may be made from the county's services fund. In addition, a 1997 Session Law provision is repealed that directed counties which did not comply with the "all ages" management plan requirement to amend their management plan as necessary for compliance. The Act replaces the stricken and repealed provisions with a requirement for the management plans to provide for services to children from community mental health centers and other accredited providers. These provisions of the Act take effect May 6, 1998, and the Act provides that a county's compliance with any management plan amendment submitted to conform with the requirements of the 1997 law is voluntary for the county, unless required by another applicable law.

DUAL CIVIL COMMITMENTS. Division VII authorizes an application for involuntary commitment or treatment for substance abuse to be filed at the same time as an application for involuntary hospitalization of a person for mental illness, or vice versa. The Act extends the time period for appealing a judicial hospitalization referee's finding that a person is seriously mentally impaired or a chronic substance abuser from seven to 10 days. In addition, an information notice concerning the period of time for appeal and the persons who may sign the appeal is to be included as part of a referee's order.

SEXUALLY VIOLENT PREDATORS. Division VIII amends a provision of S.F. 2398 (See Civil Law, Procedure & Court Administration), relating to the civil commitment of sexually violent predators. The amendment provides that a "person legally liable" for the costs relating to the evaluation and treatment of persons does not include a political subdivision.

RELATED LEGISLATION

SENATE FILE 2072 -- Membership of Family Development and Self-Sufficiency Council (Complete summary under CHILDREN & YOUTH.)

This Act provides for the appointment of an additional member, the Director of the Department of Workforce Development or the director's designee, to the Family Development and Self-Sufficiency Council in the Department of Human Services. This council deals with research and grants to address long-term dependency upon the Family Investment Program and other welfare programs.

SENATE FILE 2220 -- Juvenile Justice -- Runaways (Complete summary under CHILDREN & YOUTH.)

This Act amends the definition of "chronic runaway" in Code Chapter 232, Juvenile Justice, to change the language relating to the number of times that a runaway has been reported from once in "any month" to "any 30-day period."

SENATE FILE 2261 -- Grandparent and Great-Grandparent Visitation (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that the parent or grandparent of the mother or father of a child born out of wedlock may petition the court for visitation rights whether child custody has been awarded to the mother or father of the child. Visitation is only granted if it is in the best interest of the child and the grandparent or great-grandparent has established a substantive relationship with the child before filing the petition.

SENATE FILE 2312 -- Child Day Care (Complete summary under CHILDREN & YOUTH.)

This Act relates to Department of Human Services child day care requirements involving volunteers and to child day care home pilot projects.

SENATE FILE 2335 -- Sexual Misconduct With Offenders and Juveniles (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act expands the criminal offense of sexual misconduct to prohibit sex acts between juvenile placement facility employees and juveniles placed at such facilities, and prohibits sex acts between county employees and prisoners placed in a county jail.

SENATE FILE 2345 -- Juvenile Justice -- Out-of-Home Placement, Termination of Parental Rights, and Adoption (Complete summary under CHILDREN & YOUTH.)

This Act relates to juvenile justice system provisions involving temporary removal of children, child in need of assistance proceedings, foster care, termination of parental rights, and adoption. Many provisions of the Act are to conform with federal requirements in the federal Adoption and Safe Families Act of 1997, Pub. L. No. 105-89. The Act makes other significant changes to Code Chapter 232, Juvenile Justice.

SENATE FILE 2359 -- Citizens' Aide Review of Child Protection System (Complete summary under CHILDREN & YOUTH.)

This Act provides for a review of the state's child protection system by the Office of the Citizens' Aide/Ombudsman. The review is to encompass all aspects of the system, including reporting, assessment, child removal, child in need of assistance proceedings, review and appeals, and termination of parental rights. The purpose of the review is to determine whether the current system adequately provides fairness and due process protections for all involved with the system.

SENATE FILE 2366 -- Educational Programming and Related Provisions and Appropriations (Complete summary under EDUCATION.)

This Act appropriates $5.2 million to the Department of Education from the General Fund of the State for deposit in the Iowa Empowerment Fund for a program established in S.F. 2406 (see Local Government) with the initial goal of implementing a statewide system of community empowerment areas.

SENATE FILE 2398 -- Confinement and Treatment of Sex Offenders (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act establishes a procedure for the civil commitment of persons who are determined to be sexually violent predators, provides for the imposition of a life sentence for persons who commit repeat acts of sexual abuse against children age 12 and younger, provides for hormonal intervention therapy for persons who commit serious sex offenses and the possibility of a special life sentence with parole for persons who commit felony serious sex offenses, and requests that the Legislative Council establish a study committee concerning treatments available and used to rehabilitate persons who have engaged in criminal sexual acts or activities.

SENATE FILE 2406 -- Iowa Empowerment Board, Community Empowerment Areas, and Community Empowerment Area Boards (Complete summary under LOCAL GOVERNMENT.)

This Act creates the Iowa Empowerment Board and authorizes local communities to create community empowerment areas and community empowerment area boards. The stated purpose of the Act is to create a partnership between communities and state government by gradually implementing a statewide system of community empowerment areas. An important initial emphasis is to improve the well-being of families with young children. An additional emphasis is to reduce duplicative requirements that are barriers to community efforts to improve the efficiency and effectiveness of local education, health and human services programs. The Act establishes a School Ready Children Grant Program for collaborative planning for, and funding of, early childhood programs, including human services programs.

SENATE FILE 2410 -- Human Services Appropriations and Related Provisions (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services and includes numerous provisions involving the programs administered by the department.

HOUSE FILE 677 -- Child Custody and Visitation -- Miscellaneous Provisions (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that good cause for waiver of mandatory participation in a court-approved course to educate and sensitize the parties to an action involving child custody or visitation includes a showing of prior participation by the parties in a court-approved course or its equivalent. The Act also provides that the court is to consider the criminal history of a parent in awarding visitation rights if the parent has been convicted of a criminal offense against a minor, a sexually violent offense against a minor, or sexual exploitation of a minor.

HOUSE FILE 2218 -- Federal Block Grant Appropriations (Complete summary under APPROPRIATIONS.)

This Act appropriates federal block grant and other nonstate moneys to various state agencies for the federal fiscal year beginning October 1, 1998, and ending September 30, 1999, and for the state fiscal year beginning July 1, 1998, and ending June 30, 1999. The Act includes appropriations for mental health, homeless programs, low-income home energy assistance, child day care, social services, and other programs with significant federal grant funding.

HOUSE FILE 2275 -- Health Care Facility Inspection Records and Health Care Provider Record Checks (Complete summary under HEALTH & SAFETY.)

This Act directs the Department of Inspections and Appeals to establish a report card system for the recording of the results of inspections of health care facilities. The Act makes the requirements of child, dependent adult and criminal record checks that are currently applicable to prospective employees of health care facilities applicable to the prospective employees of various home care providers, hospices, and recipients of federal home and community-based services waivers if the providers are regulated by the state or receive state or federal funding. The Act is further amended by H.F. 2395 (see Appropriations) to apply to prospective employees of assisted living facilities and elder group homes.

HOUSE FILE 2395 -- Supplemental and Other Appropriations and Miscellaneous Provisions (Complete summary under APPROPRIATIONS.)

This Act relates to various public expenditure and regulatory matters by making supplemental appropriations for FY 1997-1998, appropriations for subsequent fiscal years, and various statutory changes. The Act includes an appropriation to the Department of Human Services for a grant to a county for implementation of the county's runaway child assessment and treatment plan.

HOUSE FILE 2516 -- Marital and Family Therapy and Mental Health Counseling -- Licensure -- Board of Behavioral Science Examiners (Complete summary under STATE GOVERNMENT.)

This Act adds marital and family therapy and mental health counseling to the list of professions for which a license is required. Licensure requirements of the Act are made inapplicable to students, individuals practicing marital and family therapy under the supervision of a person licensed pursuant to Code Chapter 154D as part of a clinical experience requirement, and to the provision of children, family or mental health services through the Department of Human Services or juvenile court, or agencies which the department or juvenile court have contracted with, by persons who do not represent themselves to be either a marital and family therapist or a mental health counselor.

HOUSE FILE 2517 -- Healthy and Well Kids in Iowa Program (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act establishes the Healthy and Well Kids in Iowa (HAWK-I) Program, beginning January 1, 1999, to provide health insurance coverage for children under 19 years of age who are eligible under Title XXI of the federal Social Security Act, and expands the Medical Assistance (Medicaid) Program, beginning July 1, 1998, to include children whose family's adjusted gross income does not exceed 133 percent of the federal poverty level.

HOUSE FILE 2545 -- County Mental Health, Mental Retardation, and Developmental Disabilities Service Funding (Complete summary under LOCAL GOVERNMENT.)

This Act relates to county mental health, mental retardation and developmental disabilities services funding and planning by providing for distribution of an FY 1999-2000 appropriation for allowed growth in expenditures, based upon a variety of factors. The Act establishes various funding pools within the Property Tax Relief Fund and requires the Department of Human Services and various committees and commissions associated with the department to take actions in implementing the distribution system.

© 1998 Cornell College and League of Women Voters of Iowa

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