House File 697 H-1740 Amend House File 697 as follows: 1 1. Page 3, line 2, after < employees > by inserting 2 < subject to that section > 3 2. Page 26, after line 16 by inserting: 4 < c. Notwithstanding paragraph “b” of this 5 subsection, the searchable database shall not 6 include information regarding travel by officers and 7 employees of the department of public safety occurring 8 in relation to or during the course of criminal 9 investigations, including but not limited to undercover 10 operations. > 11 3. Page 26, line 26, by striking < 7D.2 > and 12 inserting < 7E.2 > 13 4. Page 27, by striking lines 5 through 27 and 14 inserting: 15 < Sec. ___. Section 99D.14, subsection 2, Code 2011, 16 is amended by adding the following new paragraph: 17 NEW PARAGRAPH . c. Notwithstanding sections 8.60 18 and 99D.17, the portion of the fee paid pursuant to 19 paragraph “a” relating to the costs of the commission, 20 shall not be deposited in the general fund of the 21 state but instead shall be deposited into the gaming 22 regulatory revolving fund established in section 23 99F.20. 24 Sec. ___. Section 99F.10, subsection 4, Code 2011, 25 is amended by adding the following new paragraph: 26 NEW PARAGRAPH . c. Notwithstanding sections 8.60 27 and 99F.4, the portion of the fee paid pursuant to 28 paragraph “a” relating to the costs of the commission, 29 shall not be deposited in the general fund of the 30 state but instead shall be deposited into the gaming 31 regulatory revolving fund established in section 32 99F.20. > 33 5. Page 27, by striking lines 30 through 35 and 34 inserting: 35 < 1. A gaming regulatory revolving fund is created 36 in the state treasury under the control of the 37 department of inspections and appeals. The fund 38 shall consist of fees collected and deposited into the 39 fund paid by licensees pursuant to section 99D.14, 40 subsection 2, paragraph “c” , and fees paid by licensees 41 pursuant to section 99F.10, subsection 4, paragraph 42 “c” . All costs relating to > 43 6. Page 28, line 20, after < possible. > by inserting 44 < Periodic billings shall be deemed sufficient to 45 satisfy this requirement. > 46 7. Page 31, line 2, after < possible. > by inserting 47 < Periodic billings shall be deemed sufficient to 48 satisfy this requirement. > 49 8. Page 31, line 19, after < appropriation. > by 50 -1- HF697.3327 (1) 84 tm/jp 1/ 9 #1. #2. #3. #4. #5. #6. #7.

inserting < Appropriations from the revolving fund 1 shall not be subject to the provisions of section 8.31, 2 subsection 5. > 3 9. Page 34, after line 17 by inserting: 4 < Sec. ___. MEDICAID FRAUD FUND TRANSITION. 5 1. Unencumbered and unobligated moneys in and 6 moneys reverting to the Medicaid fraud account created 7 in section 249A.7, Code 2011, on or after June 30, 8 2011, shall be credited to the Medicaid fraud fund 9 created in section 249A.7, by this division of this 10 Act. 11 2. The appropriations made from the Medicaid fraud 12 account for the fiscal years beginning July 1, 2011, 13 and July 1, 2012, shall instead be charged to the 14 Medicaid fraud fund created in section 249A.7, by this 15 division of this Act. 16 3. This section of this Act, being deemed of 17 immediate importance, takes effect upon enactment, and, 18 if this Act is approved by the governor on or after 19 July 1, 2011, subsection 1 of this section applies 20 retroactively to June 30, 2011. > 21 10. Page 45, after line 17 by inserting: 22 < Sec. ___. DEPARTMENT OF INSPECTIONS AND 23 APPEALS —— GENERAL SUPPORT —— MEDICAID FRAUD FUND 24 APPROPRIATION. There is appropriated from the Medicaid 25 fraud fund created in section 249A.7 to the health 26 facilities division of the department of inspections 27 and appeals for the fiscal year beginning July 1, 2012, 28 and ending June 30, 2012, the following amount, or 29 so much thereof as is necessary, to be used for the 30 purposes designated: 31 For salaries, support, maintenance, and 32 miscellaneous purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 552,500 > 34 11. Page 59, before line 16 by inserting: 35 < i. Of the moneys appropriated in paragraph “a”, 36 not more than $50,000 may be used for administration of 37 the watershed improvement review board. > 38 12. Page 61, after line 27 by inserting: 39 < DIVISION ___ 40 AGRICULTURE AND NATURAL RESOURCES 41 DEPARTMENT OF NATURAL RESOURCES 42 USE OF MONEYS IN THE STATE FISH AND GAME PROTECTION 43 FUND FOR FY 2010-2011 44 Sec. ___. USE OF MONEYS —— RADIOS. Notwithstanding 45 2011 Iowa Acts, chapter 1191, section 7, The department 46 of natural resources may use the unappropriated 47 balance remaining in the state fish and game protection 48 fund for the fiscal year beginning July 1, 2010, 49 and ending June 30, 2011, to purchase mobile radios 50 -2- HF697.3327 (1) 84 tm/jp 2/ 9 #9. #10. #11. #12.

to meet federal and state requirements for homeland 1 security and public safety. This section applies to 2 those moneys in the fund that are not otherwise used, 3 obligated, or encumbered for payment of health and 4 life insurance premium payments for conservation peace 5 officer retirements for that fiscal year. 6 Sec. ___. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 7 APPLICABILITY. This division of this Act, being deemed 8 of immediate importance, takes effect upon enactment 9 and, if approved by the governor on or after July 1, 10 2011, shall apply retroactively to June 30, 2011. > 11 13. Page 65, by striking lines 23 and 24. 12 14. By striking page 65, line 31, through page 67, 13 line 10, and inserting: 14 < ___. The council shall be composed of the 15 following voting members: 16 a. The secretary of agriculture or the secretary’s 17 designee. 18 b. Members appointed by the designated 19 organizations, at the discretion of the organization, 20 to represent the private sector as follows: 21 (1) One person by the practical farmers of Iowa who 22 is involved in local food production. 23 (2) One person by the Iowa farmers market 24 association. 25 c. Members appointed by the governor to represent 26 public or private entities involved in local food 27 distribution, marketing, or processing as follows: 28 (1) One person who is associated with a resource 29 conservation and development office in this state. 30 (2) One person actively engaged in the distribution 31 of local food to processors, wholesalers, or retailers. 32 (3) One person from the regional food systems 33 working group who is actively engaged or an expert in 34 local food. 35 ___. A member designated by the secretary of 36 agriculture shall serve at the pleasure of the 37 secretary. A member appointed by an organization shall 38 serve at the pleasure of that organization. A member 39 appointed by the governor shall serve at the pleasure 40 of the governor. > 41 15. Page 67, line 15, by striking < voting > 42 16. Page 67, line 18, by striking < voting > 43 17. Page 67, line 21, by striking < voting > 44 18. Page 67, line 24, by striking < voting > 45 19. By striking page 67, line 34, through page 68, 46 line 5, and inserting: 47 < The position of local food and farm program 48 coordinator is created within Iowa state university 49 as part of its cooperative extension service in 50 -3- HF697.3327 (1) 84 tm/jp 3/ 9 #13. #14. #15. #16. #17. #18. #19.

agriculture and home economics. The coordinator shall 1 be the primary state official charged with carrying out 2 the purposes and goals of this chapter. > 3 20. Page 68, by striking lines 18 and 19 and 4 inserting < section 267A.6. The fund shall be managed 5 by the department in consultation with the local food 6 and farm coordinator, under the supervision of the 7 local > 8 21. Page 68, by striking lines 33 through 35. 9 22. Page 69, line 3, by striking < 1. > 10 23. Page 69, line 6, after < chapter. > by inserting 11 < The report shall be delivered to the governor and 12 general assembly not later than October 1 of each 13 year. > 14 24. Page 69, by striking lines 7 through 28. 15 25. Page 86, after line 17 by inserting: 16 < 7. IOWA COMMISSION ON VOLUNTEER SERVICE 17 For allocation to the Iowa commission on volunteer 18 service for the Iowa’s promise and mentoring 19 partnership programs and for transfer to the Iowa state 20 commission grant program: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 22 Notwithstanding section 8.33 , moneys appropriated in 23 this subsection that remain unencumbered or unobligated 24 at the close of the fiscal year shall not revert but 25 shall remain available for expenditure for the purposes 26 designated until the close of the succeeding fiscal 27 year. > 28 26. Page 99, after line 28 by inserting: 29 < 7. IOWA COMMISSION ON VOLUNTEER SERVICE 30 For allocation to the Iowa commission on volunteer 31 service for the Iowa’s promise and mentoring 32 partnership programs and for transfer to the Iowa state 33 commission grant program: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,000 35 Notwithstanding section 8.33 , moneys appropriated in 36 this subsection that remain unencumbered or unobligated 37 at the close of the fiscal year shall not revert but 38 shall remain available for expenditure for the purposes 39 designated until the close of the succeeding fiscal 40 year. > 41 27. Page 115, line 2, by striking < 3,128,877 > and 42 inserting < 5,428,877 > 43 28. Page 147, line 19, by striking < state board of 44 regents > and inserting < department of education > 45 29. Page 158, line 21, by striking < an independent > 46 and inserting < a > 47 30. Page 177, after line 22 by inserting: 48 < ___. The department, in consultation with the 49 Iowa pharmacy association and other appropriate 50 -4- HF697.3327 (1) 84 tm/jp 4/ 9 #20. #21. #22. #23. #24. #25. #26. #27. #28. #29. #30.

entities, shall develop recommendations to replace the 1 reimbursement methodology of average wholesale price 2 minus 12 percent for covered brand-name prescription 3 drugs, generic drugs, and over-the-counter drugs. The 4 department shall report the recommendations to the 5 persons designated in this division of this Act for 6 submission of reports by December 15, 2011. > 7 31. Page 201, by striking lines 8 through 14 and 8 inserting: 9 < (2) (a) For nonstate-owned psychiatric medical 10 institutions for children, reimbursement rates 11 shall remain at the rates in effect on June 30, 12 2011. However, the department shall adjust the 13 reimbursement rates in effect on June 30, 2011, to 14 distribute an additional $350,000 in reimbursements for 15 nonstate-owned psychiatric medical institutions for 16 children under this subparagraph (2) for the fiscal 17 year. Of the additional $350,000, the department shall 18 distribute $50,000 in reimbursements to qualified 19 outpatient services providers. For the purposes of 20 this subparagraph division (a), “qualified outpatient 21 services provider” means a nonprofit agency holding 22 an Iowa psychiatric medical institution for children 23 license that has an outpatient clinic for children’s 24 mental health services in operation on or before 25 January 1, 2011, and whose client base consists 26 of at least 40 percent medical assistance program 27 enrollees. The additional $50,000 shall be distributed 28 to qualified outpatient services providers based on 29 reimbursement at the federal maximum allowable rate for 30 mental health outpatient services for children. > 31 32. By striking page 230, line 16, through page 32 232, line 12, and inserting: 33 < COMMUNITY HOUSING AND SERVICES REVOLVING LOAN PROGRAM 34 Sec. ___. NEW SECTION . 16.185 Community housing 35 and services for persons with disabilities revolving 36 loan program fund. 37 1. A community housing and services for persons 38 with disabilities loan program fund is created 39 within the authority to further the availability of 40 affordable housing and supportive services for Medicaid 41 waiver-eligible individuals with behaviors that 42 provide significant barriers to accessing traditional 43 rental and supportive services opportunities. The 44 moneys in the fund are annually appropriated to the 45 authority to be used for the development and operation 46 of a revolving loan program to provide financing to 47 construct affordable permanent supportive housing or 48 develop infrastructure in which to provide supportive 49 services, including through new construction, 50 -5- HF697.3327 (1) 84 tm/jp 5/ 9 #31. #32.

acquisition and rehabilitation of existing housing or 1 infrastructure, or conversion or adaptive reuse. 2 2. Moneys transferred by the authority for deposit 3 in the community housing and services for persons 4 with disabilities revolving loan program fund, moneys 5 appropriated to the community housing and services 6 for persons with disabilities revolving loan program, 7 and any other moneys available to and obtained or 8 accepted by the authority for placement in the fund 9 shall be credited to the fund. Additionally, payment 10 of interest, recaptures of awards, and other repayments 11 to the community housing and services for persons with 12 disabilities loan program fund shall be credited to 13 the fund. Notwithstanding section 12C.7, subsection 14 2, interest or earnings on moneys in the fund shall be 15 credited to the fund. Notwithstanding section 8.33, 16 moneys credited to the fund from any other fund that 17 remain unencumbered or unobligated at the close of the 18 fiscal year shall not revert to the other fund. 19 3. a. The authority shall annually allocate moneys 20 available in the fund for the development of permanent 21 supportive housing for Medicaid waiver-eligible 22 individuals. The authority shall develop a joint 23 application process for the allocation of United 24 States housing and urban development HOME investment 25 partnerships program funding and the funds available 26 under this section. Moneys allocated to such projects 27 may be in the form of loans, forgivable loans, or a 28 combination of loans and forgivable loans. 29 b. The authority shall annually allocate moneys 30 available in the fund for the development of 31 infrastructure in which to provide supportive services 32 for Medicaid waiver-eligible individuals who meet the 33 psychiatric medical institution for children level of 34 care. Moneys allocated to such projects may be in the 35 form of loans, forgivable loans, or a combination of 36 loans and forgivable loans. 37 4. a. A project shall demonstrate written approval 38 of the project by the department of human services to 39 the authority prior to application for funding under 40 this section. 41 b. In order to be approved by the department 42 of human services for application for funding for 43 development of permanent supportive housing under this 44 section, a project shall include all of the following 45 components: 46 (1) Provision of services to any of the following 47 Medicaid waiver-eligible individuals: 48 (a) Individuals who are currently underserved 49 in community placements, including individuals who 50 -6- HF697.3327 (1) 84 tm/jp 6/ 9

are physically aggressive or have behaviors that 1 are difficult to manage or individuals who meet the 2 psychiatric medical institution for children level of 3 care. 4 (b) Individuals who are currently residing in 5 out-of-state facilities. 6 (c) Individuals who are currently receiving care in 7 a licensed health care facility. 8 (2) A plan to provide each individual with crisis 9 stabilization services to ensure that the individual’s 10 behavioral issues are appropriately addressed by the 11 provider. 12 (3) Policies and procedures that prohibit discharge 13 of the individual from the waiver services provided by 14 the project provider unless an alternative placement 15 that is acceptable to the client or the client’s 16 guardian is identified. 17 c. In order to be approved by the department 18 of human services for application for funding for 19 development of infrastructure in which to provide 20 supportive services under this section, a project shall 21 include all of the following components: 22 (1) Provision of services to Medicaid 23 waiver-eligible individuals who meet the psychiatric 24 medical institution for children level of care. 25 (2) Policies and procedures that prohibit discharge 26 of the individual from the waiver services provided by 27 the project provider unless an alternative placement 28 that is acceptable to the client or the client’s 29 guardian is identified. 30 d. Housing provided through a project under this 31 section is exempt from the requirements of chapter 32 135O. 33 5. The authority, in collaboration with the 34 department of human services, shall adopt rules 35 pursuant to chapter 17A to administer this section. > 36 33. Page 234, line 10, after < housing > by inserting 37 < and services > 38 34. Page 249, lines 16 and 17, by striking < jointly 39 and severally > 40 35. By striking page 250, line 34, through page 41 251, line 23, and inserting: 42 < Sec. ___. Section 135.24, subsection 2, paragraphs 43 b and c, Code 2011, are amended to read as follows: 44 b. Procedures for registration of hospitals, free 45 clinics, field dental clinics, and specialty health 46 care provider offices. 47 c. Criteria for and identification of hospitals, 48 clinics, free clinics, field dental clinics, specialty 49 health care provider offices, or other health care 50 -7- HF697.3327 (1) 84 tm/jp 7/ 9 #33. #34. #35.

facilities, health care referral programs, or 1 charitable organizations, eligible to participate in 2 the provision of free medical, dental, chiropractic, 3 pharmaceutical, nursing, optometric, psychological, 4 social work, behavioral science, podiatric, physical 5 therapy, occupational therapy, respiratory therapy, or 6 emergency medical care services through the volunteer 7 health care provider program. A hospital, a clinic, a 8 free clinic, a field dental clinic, a specialty health 9 care provider office, a health care facility, a health 10 care referral program, a charitable organization, or 11 a health care provider participating in the program 12 shall not bill or charge a patient for any health care 13 provider service provided under the volunteer health 14 care provider program. 15 Sec. ___. Section 135.24, Code 2011, is amended by 16 adding the following new subsection: 17 NEW SUBSECTION . 6A. A hospital providing free care 18 under this section shall be considered a state agency 19 solely for the purposes of this section and chapter 669 20 and shall be afforded protection under chapter 669 as a 21 state agency for all claims arising from the provision 22 of free care by a health care provider registered under 23 subsection 3 who is providing services at the hospital 24 in accordance with this section, if the hospital has 25 registered with the department pursuant to subsection 26 1. 27 Sec. ___. Section 135.24, subsection 7, Code 2011, 28 is amended by adding the following new paragraph: 29 NEW PARAGRAPH . 0e. “Hospital” means hospital as 30 defined in section 135B.1. > 31 36. Page 261, line 31, by striking < an independent > 32 and inserting < a > 33 37. By striking page 383, line 15, through page 34 384, line 6, and inserting: 35 < For the provision of a statewide public safety 36 radio network and the purchase of compatible radio 37 communications equipment with the goal of achieving 38 compliance with the federal communications commission’s 39 narrowbanding mandate deadline, and for achieving 40 “interoperability”, as defined in section 80.28: 41 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 42 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 43 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 44 Of the amounts appropriated in this subsection, 45 the department of public safety may enter into a 46 public-private partnership, through a competitive 47 bidding process, for the provision of the statewide 48 network and the purchase of compatible equipment. 49 On or before January 13, 2012, the department of 50 -8- HF697.3327 (1) 84 tm/jp 8/ 9 #36. #37.

public safety shall provide a report to the legislative 1 services agency and the department of management. 2 The report shall detail the status of the funds 3 appropriated in this subsection and shall include 4 the estimated needs of the departments of public 5 safety, corrections, and natural resources to achieve 6 interoperability and to meet the federal narrowbanding 7 mandate, any changes in estimated costs to meet those 8 needs, and the status of requests for proposals to 9 develop a public-private partnership. > 10 38. Page 439, line 24, by striking < 10,804,258 > and 11 inserting < 8,504,258 > 12 39. Page 443, line 9, by striking < years > and 13 inserting < year > 14 40. Page 443, line 10, by striking < and July 1, 15 2012, > 16 41. Page 468, line 27, by striking < years > and 17 inserting < year > 18 42. Page 468, line 28, by striking < and July 1, 19 2013, > 20 43. By renumbering as necessary. 21 ______________________________ WAGNER of Linn -9- HF697.3327 (1) 84 tm/jp 9/ 9 #38. #39. #40. #41. #42. #43.