2001 Summary of Legislation HUMAN SERVICES Published by the Iowa General Assembly -- Legislative Service Bureau

HUMAN SERVICES LEGISLATION

SENATE FILE 114 - Health Care Entities, Organizations, and Institutions -- Names and Composition (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the composition of the Medical Assistance Advisory Council, which advises the Director of Human Services concerning the Medicaid Program. The Act updates references to entities represented on the council due to name changes or termination of the existence of the entity. The Act also adds the Iowa chapter of the American Academy of Pediatrics, the Iowa Psychiatric Society, the Iowa chapter of the National Association of Social Workers, and the dean of Des Moines University--Osteopathic Medical Center to the composition of the council. The Act makes conforming changes in the Code to reflect the name changes.

SENATE FILE 198 - Family Investment Program -- Postsecondary Education Assistance (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act relates to Family Investment Program requirements for supported postsecondary education assistance.

   The Act provides that for family investment agreements entered into on or after July 1, 1996, the maximum time period allowed for supported postsecondary education is a total of 24 months within a period of 48 consecutive months.

   The Act provides for prospective application of the requirement and for retrospective application to those agreements containing postsecondary education provisions in effect on July 1, 2001, that were entered into before that date. The Act requires the Department of Human Services to amend those agreements that are subject to retrospective applicability as necessary to apply the 48-month maximum period within which the supported postsecondary education must be completed. Under prior requirements, the maximum time period allowed for supported postsecondary education was 24 months within 36 consecutive months.

HOUSE FILE 228 - State Building Code and Preemployment Records Checks (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act relates to the duties of the Department of Human Services (DHS) and to the Department of Public Safety.

   Code Section 135C.33, concerning background checks on a person seeking employment at a residential care or nursing facility, is amended to require that DHS perform a dependent adult abuse record check on a person seeking employment at such a facility. The amended Code section also requires DHS to notify the facility about whether a person has a record of founded dependent adult abuse. Under current law, the Department of Public Safety must perform and provide notice of the dependent adult abuse record check.

   Additionally, the amended Code section provides that if a person is to be employed at the facility and the person has a founded child or dependent adult abuse record, or has a criminal history, DHS shall only conduct an evaluation of the employability of the person if the facility requests such an evaluation. The amended Code section also provides that a person with an abuse record shall not be employed at a facility unless an evaluation has been performed. Under current law, if a person has a founded child or dependent adult abuse record or has a criminal history, and the person is to be employed by the facility, the facility is not required to request an evaluation of the employability of the person from DHS, but the department is required to conduct the evaluation.

   Code Section 103A.12, concerning the applicability of the State Building Code, is amended to provide that if a governmental subdivision accepts the applicability of the State Building Code, the governmental subdivision must file a certified copy of the ordinance only with the Commissioner of Public Safety. Under current law, a governmental subdivision must also file a certified copy of the ordinance with the Secretary of State. In addition, if a governmental subdivision votes to withdraw from the applicability of the State Building Code, the governmental subdivision must file a certified copy of the vote only with the Commissioner of Public Safety. Under current law, the governmental subdivision must also file a certified copy of the vote with the Secretary of State.

HOUSE FILE 310 - Child Support Recovery Unit -- Court Records Access -- Setoff Payments for Support (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act relates to child support enforcement.

   The Act authorizes the disclosure of certain official juvenile court records and orders relating to paternity, support, or the termination of parental rights to the Child Support Recovery Unit of the Department of Human Services, upon request, without court order.

   The Act also makes changes relative to orders for support for which an obligation may have accrued during a time period for which a support order was not yet in force, such as a time period when a child was receiving benefits under the Family Investment Program. The Act provides that, unless the periodic payment plan for retroactive modification provisions applies to an order, and notwithstanding a payor’s compliance with a periodic payment plan, the entire amount of an accrued support order is due and owing on the date of entry of the judgment and is delinquent for the purposes of tax refund setoff and for other available federal payment setoffs. This provision is effective April 25, 2001.

HOUSE FILE 727 - Mental Health, Mental Retardation, and Developmental Disabilities Services (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This Act relates to mental health, mental retardation, and developmental disability (MH/MR/DD) services and services funding, and to court orders for placement of persons with a serious mental impairment.

   SERVICES FUNDING. Under Iowa law enacted in 1994, 1995 and 1996, often referred to as S.F. 69, the state assumed a greater role in the funding of MH/MR/DD services by limiting the amount of property tax funding for these services. Growth funding for the costs of the services is a state responsibility with several funding pools used to distribute the growth funding to counties. Division I of the Act eliminates the incentive and efficiency pool and transfers the fiscal year 2000-2001 unused balance to the per capita expenditure target pool. This funding pool uses a formula based upon a county’s MH/MR/DD services expenditures calculated on a per capita basis for the county’s general population. The eligibility criteria for the per capita pool are revised to require a county to be levying the maximum amount allowed under law, the county’s per capita expenditures to be below a certain amount, the county’s services fund ending balance to be below a certain level, and the county to be in compliance with state requirements for reporting financial information.

   This division revises basic requirements associated with the risk pool funding available to those counties with an unanticipated service cost that would cause the county’s MH/MR/DD services fund balance to fall very low or to deficit. Those counties receiving risk pool funding that did not levy the maximum amount allowed are required to repay in the next succeeding fiscal year at least 50 percent of the assistance provided. The Department of Human Services (DHS) is required to provide the Risk Pool Board with pertinent fiscal information regarding funding sources and payments made.

   This division also repeals law enacted in 2000 that restricted county use of the MH/MR/DD Services Fund for certain capital expenditures. The repeals are effective upon enactment, May 21, 2001, and are retroactively applicable to April 13, 2000. See H.F. 732 (in Appropriations) for related changes in FY 2001-2002 MH/MR/DD services funding distribution.

   DISPUTED BILLINGS. Division II eliminates county responsibility to pay for certain disputed state billings for MH/MR/DD services provided at a state mental health institute or resource center or paid under the Medical Assistance (Medicaid) Program. The services had to be provided prior to July 1, 1997, and disputed prior to the division’s effective date, May 21, 2001.

   STATE DISTRIBUTION CHARGES. Division III relates to the billing and accounting of charges for the state resource centers and mental health institutes.

   The Act requires various billings and charges to be remitted to or calculated by DHS in place of the Director of Revenue and Finance. In addition, the term "certificate" is changed to the term "certification statement."

   MH/MR/DD SERVICE STANDARDS. Division IV provides that unless another governmental body sets standards for or licenses a service available to persons with mental illness, mental retardation, developmental disability, or brain injury, the Mental Health and Developmental Disabilities Commission is required to adopt standards for the service. A service provider’s compliance with standards for a service that are set by a nationally recognized body is deemed to be compliance with the commission’s standards for that service. In addition, the commission is required to review the licensing standards used by DHS or the Department of Inspections and Appeals for facilities providing services to persons with mental illness or developmental disabilities.

   MI PLACEMENT HEARINGS. Division V amends Code Chapter 229, relating to involuntary hospitalization of persons with mental illness. This division was enacted in response to a federal court ruling, Salcido v. Woodbury County (119 F. Supp. 2d, 900 N.D. Iowa 2000), which found constitutional defects in Iowa law. The Act provides that a person who is subject to a placement order for involuntary hospitalization has a right to request a placement hearing to determine if a placement order or transfer of placement is appropriate. The placement hearing request must be filed within seven days of issuance of the placement order and the placement hearing must be held four to seven days following the filing of the request. The person has a right to an attorney for the hearing. If the person’s placement expenses are payable in whole or in part by a county, the county may present evidence at the hearing. The court is required to determine an appropriate placement, taking into consideration evidence presented by all the parties. A placement order following the hearing is considered to be a placement authorized through the county single entry point process (generally referred to as the county central point of coordination process). Divisions V and VI make numerous conforming changes in Code Chapter 229 and other Code provisions.

HOUSE FILE 763 - Hospital Trust Fund - SECOND EXTRAORDINARY SESSION (full text of act)

   BY COMMITTEE ON APPROPRIATIONS. This Act creates an Iowa Hospital Trust Fund in the State Treasury under the authority of the Department of Human Services to secure funds based on hospital inpatient and outpatient prospective payment methodologies under the Medical Assistance (Medicaid) Program. Moneys received through agreements for the trust fund and moneys received from sources including grants, contributions, and participant payments are to be deposited in the trust fund. Moneys in the trust fund are to be used only for the purposes provided in any appropriation of the moneys. The trust fund is separate from the General Fund of the State and moneys in the trust fund are not considered revenue of the state. The Act directs the Director of Human Services to amend the state Medical Assistance (Medicaid) Program as necessary to implement the Act and authorizes the department to adopt emergency rules to implement the Act.

   The Act takes effect November 16, 2001, and the section relating to creation of the trust fund and receipt of funds is retroactively applicable to October 1, 2001.

HOUSE FILE 764 - Department of Human Services Field Services Reorganization - SECOND EXTRAORDINARY SESSION (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act provides for the reorganization of field services within the Department of Human Services based upon service areas rather than county clusters. The service areas are to be those designated effective January 1, 2002. The Act provides that in determining the service areas, the department is to consider other geographic service areas including but not limited to judicial districts and community empowerment areas.

   The Act directs the department to consult with the county boards of supervisors in a service area with respect to the selection of the department's service area manager. The Act provides that following initial establishment of the service areas on January 1, 2002, if a county seeks to change the boundaries of a service area, the change shall only take place if the change is mutually agreeable to the department and all affected counties. If it is necessary for the department to significantly modify its field operations or the composition of a designated service area, or if it is necessary for the department to change the number of county offices operating less than full-time, the Act directs that the department is to consult with the affected counties prior to implementing the action.

   The Act also provides for the establishment of service area advisory boards rather than county cluster boards and provides a process for appointment of members to the boards. The Act makes conforming changes throughout the Code to reflect the change from county clusters to service areas.

   The Act takes effect November 16, 2001.

RELATED LEGISLATION

SENATE FILE 65 -- Appropriations -- Supplemental Funding for Low-Income Home Energy Assistance (Complete summary under APPROPRIATIONS.)

   This Act provides supplemental appropriations from state sources for the federal block grant for the Low-Income Home Energy Assistance Program for FY 2000-2001. The Act takes effect February 6, 2001.

SENATE FILE 94 -- Sexually Violent Predators -- Escape From Custody (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act creates a criminal offense of escape from custody for persons civilly committed as sexually violent predators.

SENATE FILE 267 -- Supplemental Appropriations and Reductions (Complete summary under APPROPRIATIONS.)

   This Act relates to state budgetary matters by making reductions to appropriations made for FY 2000-2001 from the General Fund of the State and includes reductions in certain human services programs.

SENATE FILE 347 -- Domestic Abuse Protective Orders -- Plaintiff’s Fees and Costs (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act eliminates filing and service of process fees for plaintiffs seeking relief from domestic abuse, and allows the court to determine whether these fees should be assessed to the defendant. The Act also complies with the federal Violence Against Women Act funding certification requirements.

SENATE FILE 355 -- Custody of Newborn Infants -- Release at Institutional Health Care Facilities -- Parental Rights (Complete summary under CHILDREN & YOUTH.)

   This Act, known as the "Newborn Safe Haven Act," allows a parent of a newborn infant to voluntarily release custody of that infant at an institutional health facility. The Act includes various responsibilities for the Department of Human Services.

SENATE FILE 458 -- Services and Proceedings Involving Juvenile Delinquents and Other Children (Complete summary under CHILDREN & YOUTH.)

   This Act relates to children’s programs and provisions involving the Department of Human Services and the juvenile court, including the Foster Home Insurance Fund, child care requirements, child welfare service provisions, hearings and orders for out-of-home placements of children, hearing notice requirements, and permanency hearings.

SENATE FILE 525 -- Federal Block Grant Appropriations (Complete summary under APPROPRIATIONS.)

   This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2001, and ending September 30, 2002. The Act includes funding for maternal and child health, preventive health and health services, substance abuse programs, low-income energy assistance, mental health, child care, social services, and other health and human services-related programs.

SENATE FILE 535 -- Appropriations -- Education (Complete summary under APPROPRIATIONS.)

   This Act appropriates moneys for FY 2001-2002 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 amount appropriated to the Department of Education for the School Ready Children Grants Account of the Iowa Empowerment Fund is 6 percent less than the amount appropriated in FY 2000-2001. The reduction must be distributed based on whether a designated community empowerment area first received funds in FY 2000-2001 or prior to that year. Those receiving funds in FY 2000-2001 will receive 94 percent of the amount received in that year, while those first receiving funds prior to FY 2000-2001 will receive 75.185 percent of the amount the area received in FY 2000-2001, adjusted for annualization. The Act requires an area board to submit to the Iowa Empowerment Board a written plan amendment extending by one year the area’s comprehensive school ready children grant plan.

SENATE FILE 537 -- Tobacco Settlement Fund Appropriations (Complete summary under APPROPRIATIONS.)

   This Act relates to and makes appropriations from the Tobacco Settlement Endowment Fund and the Healthy Iowans Tobacco Trust for various health services providers and programs.

HOUSE FILE 178 -- Child Abuse and Protection -- Drug Manufacture or Possession in Child’s Presence (Complete summary under CHILDREN & YOUTH.)

   This Act applies child in need of assistance and child abuse provisions of the Juvenile Justice Code to a child whose parent, guardian or caregiver has manufactured or possessed a dangerous substance in the presence of a child.

HOUSE FILE 192 -- Access to Criminal History and Abuse Information -- Department of Inspections and Appeals (Complete summary under HEALTH & SAFETY.)

   This Act authorizes certain criminal history and abuse record and registry access to the Department of Inspections and Appeals for purposes of data verification and record checks of applicants for employment with the department.

HOUSE FILE 560 -- Regulation of Child Foster Care (Complete summary under CHILDREN & YOUTH.)

   This Act relates to child foster care regulations involving medical care and to foster family respite care delivered by child care providers.

HOUSE FILE 567 -- Adoptions -- Interstate Legal Risk Placements and Standby Procedures (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act provides that in the case of an interstate adoption, a child may be placed in the home of a prospective adoptive parent under a legal risk placement prior to the termination of the parental rights of the biological parent of the child. The Act also establishes provisions for a standby adoption, in which a terminally ill parent consents to termination of parental rights and the issuance of a final adoption decree effective upon either the death of the terminally ill parent or the request of that parent for the issuance of a final adoption decree.

HOUSE FILE 598 -- Child Protection Center Grant Program (Complete summary under CHILDREN & YOUTH.)

   This Act establishes a Child Protection Center Grant Program in the Iowa Department of Public Health if funding is available for the program. The grant requirements for centers include a center’s involvement with the local Department of Human Services offices assigned to child protection activities. State funding was not appropriated for FY 2001-2002.

HOUSE FILE 662 -- Community Empowerment Initiative (Complete summary under CHILDREN & YOUTH.)

   This Act relates to Iowa’s Community Empowerment Initiative and authorizes an area education agency to serve as the fiscal agent for a local board and provides for the Legislative Council to convene a summit meeting to address various community empowerment issues.

HOUSE FILE 680 -- Child and Dependent Adult Abuse Reporting (Complete summary under CHILDREN & YOUTH.)

   This Act relates to child and dependent adult abuse reporting, including mandatory reporters of abuse, abuse reporter training, and responsibilities of the Department of Human Services.

HOUSE FILE 732 -- Appropriations -- Human Services (Complete summary under APPROPRIATIONS.)

   This Act provides appropriations to the Department of Human Services and includes provisions related to human services and health care.

HOUSE FILE 740 -- Senior Living Trust Fund Appropriations and Nursing Facility Reimbursement (Complete summary under APPROPRIATIONS.)

   This Act makes appropriations from the Senior Living Trust Fund to the Department of Elder Affairs and Department of Human Services. The Act also establishes the modified price-based case-mix reimbursement formula to be used for reimbursement of nursing facilities.

HOUSE FILE 755 -- Miscellaneous Appropriations, Reductions, and Other Provisions (Complete summary under APPROPRIATIONS.)

   Division I of this Act appropriates money for FY 2002-2003 to the Department of Human Services (DHS) for distribution to counties of the county mental health, mental retardation, and developmental disabilities services allowed growth factor adjustment. The Act also supplements the appropriation made for FY 2001-2002 in H.F. 732 (see Appropriations) to DHS for general administration.

HOUSE FILE 759 -- Miscellaneous Funding Restoration, Reductions, and Other Provisions - SECOND EXTRAORDINARY SESSION (Complete summary under APPROPRIATIONS.)

   This Act addresses public funding and regulatory matters, primarily making supplemental appropriations to restore appropriations that were subject to the Governor's across-the-board reductions of 4.3 percent to executive branch allotments, and includes a supplemental appropriation for purposes of the Department of Human Services field staff operations and authorization to move the unit for sexually violent predators to the State Mental Health Institute at Mount Pleasant.

© 1998 Cornell College and League of Women Voters of Iowa

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