1999 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

HUMAN SERVICES

HUMAN SERVICES LEGISLATION

SENATE FILE 92 - Medical Assistance Debt - Notice Provisions(full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the notice of debt provided to a transferee of assets when the transfer of assets results in the creation of a debt to the state in the amount of Medical Assistance (Medicaid) Program coverage provided to the transferor of assets. The Act provides that the Department of Human Services is to send the notice to the transferee by restricted certified mail. If the service of the notice by restricted certified mail is not successful, notice may then be served in accordance with the rules of civil procedure. Previously, the law provided for notice in accordance with the rules of civil procedure only.

SENATE FILE 211 - Medicaid Eligibility - Persons With Disabilities(full text of act)

BY JENSEN. This Act provides that under the optional categories to be covered under the Medical Assistance (Medicaid) Program, the highest priority is provision of coverage to persons with disabilities who are less than 65 years of age, who have family net incomes of less than 250 percent of the federal poverty level, and who have earned income, but are eligible for medical assistance if such earnings are disregarded. For the purposes of determining eligibility, $10,000 of available resources are disregarded as well as additional resources held in a retirement account, in a medical savings account, or in any other account approved under rules adopted by the Department of Human Services. If the net income of a person eligible under the Act exceeds 150 percent of the federal poverty level, the person must pay a premium based upon a sliding fee schedule and the premium must be commensurate with premiums charged for private group health insurance in the state. The Act is to be implemented no later than March 1, 2000.

SENATE FILE 221 - Public Assistance - Family Investment Program - Individual Development Accounts(full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to welfare reform provisions involving the Family Investment Program (FIP) and individual development accounts.

The Act affects the program by authorizing the Department of Human Services (DHS) to require, as a condition of eligibility, a FIP applicant to commit to initial steps the applicant will take to achieve self-sufficiency in a signed, written statement. Failure to commit to the initial steps results in denial of eligibility. The statement may be required in addition to being incorporated within, or becoming part of, the family investment agreement. A FIP participant is required to comply with the provisions of the written statement.

The Act amends requirements relating to issuance of cash assistance to FIP-eligible families with a specified relative. Under prior law, the department was required to issue notice of its eligibility decision within 30 days. Under the Act, authorization for the notice must be issued within 30 days.

According to limited benefit plan provisions in law, a FIP participant who does not sign or fulfill the terms of a family investment agreement is subject to a limited benefit plan. Under the Act, the provisions of the signed, written statement committed to during the application period are included as terms of a participant's family investment agreement.

Code Chapter 541A relates to individual development accounts (IDAs), implemented by operating organizations to assist FIP participants and other low-income Iowans. The Act requires DHS to adopt rules for compliance with federal requirements for IDA programs as necessary to qualify for federal funding to be allocated to Iowa's IDA operating organizations. The rules do not apply the federal requirements to operating organizations that do not utilize federal funding for their accounts or to account holders who do not receive federal Temporary Assistance for Needy Families (TANF), the major funding stream for the FIP Program, or other federal funding.

The Act allows for funding for the Self-Employment Loan Program Account of the Strategic Investment Fund to be used to provide matching funds for IDAs. The Strategic Investment Fund is administered by the Department of Economic Development. The authorization is limited to FY 1999-2000. In addition, the Act authorizes DHS to contract with an experienced, nonprofit community development corporation to implement the funding provisions.

HOUSE FILE 664 - Mental Health, Mental Retardation, and Developmental Disabilities Services(full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act addresses a number of provisions involving mental health, mental retardation, and developmental disabilities (MH/MR/DD) services.

ADULT FUNDING DECATEGORIZATION. The Act creates an adult mental health, mental retardation, and developmental disabilities services funding decategorization pilot project in the Department of Human Services (DHS) to involve three-county and multicounty areas. The counties involved were designated under a 1997 law authorizing a planning process for the concepts in the Act. The county and multicounty areas are Polk, Linn and Tama/Poweshiek. The purpose of the pilot project is to improve outcomes for service consumers by allowing the pilot project counties to combine projected funding from all levels of government to meet individual needs in the community.

The Act provides various definitions, including a description of the target population to which the project is directed. Under the application of this definition, a "pilot project area" must fund or provide necessary services to persons who are residents of the area who are eligible under the area's service management plan, with certain exceptions. This plan is to be amended to address the service needs of those persons served by the funding sources in the pilot project.

The Act directs DHS to establish the pilot project. Specific project provisions are to be spelled out in contracts with the participating counties.

County responsibilities under the pilot project include fiscal, clinical and administrative functions; choosing an approach for administering services; providing data; and using any excess funding for specified purposes.

The project is to be implemented in two phases during the period of July 1, 2000, through December 31, 2003. Various funding sources are to be consolidated and distributed using a projected funding amount, based upon the pilot project areas' proportion of the statewide usage of the funding sources. The first phase amounts are to be determined by December 30, 1999. The second phase brings in state and federal funding for mental health services under the Medical Assistance (Medicaid) Program. However, implementation of this phase is subject to enactment of an implementation authorization.

The Act directs DHS and the participating areas to establish a risk pool for unanticipated costs. The risk pool is to be administered by an oversight committee that is also to provide general oversight of the pilot project. The Act specifies membership of the committee.

The pilot project areas are to work with DHS in developing outcomes and performance measures for the project. In addition, the oversight committee is to contract for an independent evaluation of the project. Annual reports and a final report are to be submitted concerning the pilot project and legislative intent is stated to use the final report to determine whether to terminate, revise or continue the project or to expand it statewide.

The Act provides an exemption from the application of state law or administrative rules that are in conflict with or apply to the funding sources for the pilot project. The Act directs DHS to amend its state plan for Medical Assistance and to apply for various federal waivers in order to implement the pilot project. In addition, the Act directs DHS to amend its contract for managed behavioral health care to provide funding for associated Medical Assistance-eligible persons in pilot project areas. The Act provides that the pilot project does not constitute provision of insurance and is not subject to regulation by the Insurance Commissioner.

MH/DD COMMISSION. The Act amends Code Chapter 225C to provide that the administrator of the Division of Mental Health and Developmental Disabilities recommends minimum standards for community mental health centers and related services and programs and evaluates compliance with the minimum standards. However, the Act specifies that the responsibility for approving, denying or revoking an accreditation is the duty of the Mental Health and Developmental Disabilities Commission. The Act includes similar provisions for supported community living services.

STATE-COUNTY MANAGEMENT COMMITTEE.

The Act includes various changes relating to the State-County Management Committee, which addresses MH/MR/DD service issues. The Act increases the committee's membership from 12 to 15 voting members and sets terms at three years. A jointly appointed membership slot is eliminated. The membership of the committee is expanded by two members, to be appointed by the community services affiliate of the Iowa State Association of Counties, plus an additional service provider and a service consumer to be appointed by the Governor.

The committee is directed to create a task force to consider issues and options regarding statewide eligibility standards, identification of core or basic services to be made reasonably available statewide, and a number of other issues. The Act includes transition authority for the members' appointing authorities to stagger the terms of office of members so that at least five members' terms expire each year. The terms of the two members appointed by the community services affiliate are to commence July 1, 1999. This section of the Act takes effect June 30, 1999.

COUNTY MANAGEMENT PLANS. The Act amends provisions relating to the county management plans for MH/MR/DD services. The Act provides that the plans are to be defined in a policies and procedures manual submitted by a county for the fiscal year beginning July 1, 2000, and, as approved by the Director of Human Services, shall remain in effect subject to amendment. Amendments to the policies and procedures manual are subject to the director's approval in consultation with the State-County Management Committee. A county is also to submit, for informational purposes, an annual management plan review of data concerning the services provided under the management plan in the previous fiscal year. In addition, a county is to submit, for informational purposes, a three-year strategic plan that is based upon the annual review. These changes take effect July 1, 2000, but the plans for that year are to be submitted by April 1, 2000.

RCFMR. The Act changes exemptions from required licensing of health care facilities. Prior law exempted up to 20 residential care facilities for persons with mental retardation (RCFMRs), each serving five persons or fewer, authorized by DHS to convert to operation in accordance with a federal home and community-based waiver for persons with mental retardation under the Medical Assistance Program. The Act expands the conversion authorization to 40 facilities.

HOUSE FILE 773 - Child Support Enforcement - Miscellaneous Provisions(full text of act)

BY COMMITTEE ON APPROPRIATIONS. This Act relates to child support enforcement activities of the Department of Human Services (DHS). The Act provides that in cases in which a child is placed with a permanent guardian, rather than in foster care, the subsidies paid to the guardian are to be considered the same as foster care payments. In these cases, the child is placed with a permanent guardian, the parental rights of the biological parents of the child are not terminated, and DHS pays a subsidy to the guardian and continues to collect child support from the parent to reimburse the state as it would if the child were placed in foster care.

The Act also provides that income withholding orders entered by the department's Child Support Recovery Unit are to include the name and address of the appropriate child support office, in lieu of any signature otherwise required. In this way, the appropriate child support office, rather than a specific individual, is provided as a contact for a parent, employer or other person who may require information about the order.

Finally, the Act specifies the means by which the Child Support Recovery Unit may pay financial institutions for the costs associated with conducting data matches, including costs of automation programming development necessary to conduct data matches.

RELATED LEGISLATION

SENATE FILE 193 -- Guardians Ad Litem for Children in Juvenile Court (Complete summary under CHILDREN & YOUTH.)

This Act makes changes in the duties applicable to a guardian ad litem appointed to represent a child's interests in juvenile court.

SENATE FILE 216 -- Commitment of Sexually Violent Predators (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that if a person was committed as a sexually violent predator and is released with supervision, the Department of Human Services is responsible for preparing a plan for and paying the costs of such supervision.

SENATE FILE 275 -- Children's Centers - Certification or Licensing Standards (Complete summary under CHILDREN & YOUTH.)

This Act requires the Department of Human Services to adopt licensing or certification standards for a new facility category called "children's centers." Children's centers are privately funded facilities providing various types of services to children who are not under the custody or authority of the Department of Human Services, juvenile court, or other governmental agency.

SENATE FILE 283 -- 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, 1999, and ending September 30, 2000, and for the state fiscal year beginning July 1, 1999, and ending June 30, 2000. 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.

SENATE FILE 287 -- Foster Care Placements and Plans - Child Abuse Information - Decategorization Plans (Complete summary under CHILDREN & YOUTH.)

This Act relates to child welfare provisions involving voluntary court-ordered foster care placements of children with mental retardation or other developmental disability, release of child abuse information, and annual group foster care and child welfare funding decategorization plans.

SENATE FILE 361 -- Appropriations - Substance Abuse and Sexual Abuse (Complete summary under APPROPRIATIONS.)

This Act provides funding and establishes programs for enforcement, prevention, education, and treatment for substance abuse, especially methamphetamine abuse, and sexual abuse, and for programs for at-risk youth. The Act appropriates moneys to the Department of Human Services for treatment of substance abusers and sexual predators at the State Training School at Eldora.

SENATE FILE 439 -- Iowa Community Empowerment - Miscellaneous Provisions (Complete summary under CHILDREN & YOUTH.)

This Act relates to the Iowa Community Empowerment Act, the Iowa Empowerment Board, and related provisions.

SENATE FILE 464 -- Appropriations - Education (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys from the General Fund of the State to the College Student Aid Commission, the Department of Cultural Affairs, the Department of Education, and the State Board of Regents and its institutions. The Act directs the Department of Human Services to transfer to the state University of Iowa, for the purposes of the Creative Employment Options Program, the same amount of moneys in FY 1999-2000 as was transferred in FY 1997-1998.

HOUSE FILE 308 -- Department of Inspections and Appeals Investigators - Status (Complete summary under STATE GOVERNMENT.)

This Act grants peace officer status for Department of Inspections and Appeals investigators while investigating cases involving state or federal benefit assistance programs.

HOUSE FILE 311 -- Foster Care-Related Damages - State Liability (Complete summary under CHILDREN & YOUTH.)

This Act relates to state compensation for claims for damages involving individuals providing foster family home, guardian or conservator services for children.

HOUSE FILE 379 -- Health Care Facility Care Review Committees - Name Change (Complete summary under HEALTH & SAFETY.)

This Act changes the name of "care review committee" to "resident advocate committee" throughout the Code. Each health care facility is required to have a committee, whose members are appointed by the Director of Elder Affairs, to review the needs of and care provided to residents of the facility.

HOUSE FILE 497 -- Public Health - Miscellaneous Programs and Issues (Complete summary under HEALTH & SAFETY.)

This Act provides for several changes related to the administration of programs under the purview of the Iowa Department of Public Health and health-related professional licensing and regulatory boards. The Act requires the Iowa Department of Public Health and the Department of Human Services to review and make recommendations to the General Assembly regarding implementation of an affidavit process to overcome paternity established by operation of law when the established father and mother of the child are or were married to each other at the time of conception or birth of the child, and to simultaneously establish paternity of the biological father. The departments are required to submit a report of the review to the General Assembly and to the chairpersons of the Senate and House Human Resources Committees by December 15, 1999.

HOUSE FILE 741 -- Psychiatric Medical Institutions for Children - Authorization Requirements (Complete summary under HEALTH & SAFETY.)

This Act relates to the authorization requirements for psychiatric medical institutions for children (PMICs) licensed by the Department of Inspections and Appeals. The Act takes effect April 22, 1999.

HOUSE FILE 760 -- Appropriations - Human Services (Complete summary under APPROPRIATIONS.)

This Act provides appropriations to the Department of Human Services (DHS) for FY 1999-2000, and includes provisions related to human services and health care.

HOUSE FILE 761 -- Child Care - Miscellaneous Provisions (Complete summary under CHILDREN & YOUTH.)

This Act makes numerous changes to child care provisions administered by the Department of Human Services.

HOUSE FILE 782 -- Miscellaneous Supplemental and Other Appropriations and Provisions (Complete summary under APPROPRIATIONS.)

Division I of this Act makes an appropriation for county mental health, mental retardation, and developmental disabilities services growth factor adjustment for FY 2000-2001.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: SAT July 10 1999
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