Senate File 2336 S-5227 Amend the House amendment, S-5221, to Senate File 1 2336, as amended, passed, and reprinted by the Senate, 2 as follows: 3 1. By striking page 1, line 1, through page 63, 4 line 30, and inserting: 5 < Amend Senate File 2336, as amended, passed, and 6 reprinted by the Senate, as follows: 7 ___. By striking everything after the enacting 8 clause and inserting: 9 < DIVISION I 10 DEPARTMENT ON AGING 11 Section 1. 2011 Iowa Acts, chapter 129, section 12 113, is amended to read as follows: 13 SEC. 113. DEPARTMENT ON AGING. There is 14 appropriated from the general fund of the state to 15 the department on aging for the fiscal year beginning 16 July 1, 2012, and ending June 30, 2013, the following 17 amount, or so much thereof as is necessary, to be used 18 for the purposes designated: 19 For aging programs for the department on aging and 20 area agencies on aging to provide citizens of Iowa who 21 are 60 years of age and older with case management for 22 frail elders, Iowa’s aging and disabilities resource 23 center, and other services which may include but are 24 not limited to adult day services, respite care, chore 25 services, information and assistance, and material aid, 26 for information and options counseling for persons with 27 disabilities who are 18 years of age or older, and 28 for salaries, support, administration, maintenance, 29 and miscellaneous purposes, and for not more than the 30 following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,151,288 32 10,402,577 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 35.00 36.00 34 1. Funds appropriated in this section may be used 35 to supplement federal funds under federal regulations. 36 To receive funds appropriated in this section, a local 37 area agency on aging shall match the funds with moneys 38 from other sources according to rules adopted by the 39 department. Funds appropriated in this section may be 40 used for elderly services not specifically enumerated 41 in this section only if approved by an area agency on 42 aging for provision of the service within the area. 43 2. The amount appropriated in this section includes 44 additional funding of $225,000 for delivery of 45 long-term care services to seniors with low or moderate 46 incomes. 47 3. Of the funds appropriated in this section, 48 $89,973 $179,946 shall be transferred to the department 49 of economic development for the Iowa commission on 50 -1- S5221.5979 (3) 84 pf/jp 1/ 80 #1.
volunteer services to be used for the retired and 1 senior volunteer program. 2 4. a. The department on aging shall establish and 3 enforce procedures relating to expenditure of state and 4 federal funds by area agencies on aging that require 5 compliance with both state and federal laws, rules, and 6 regulations, including but not limited to all of the 7 following: 8 (1) Requiring that expenditures are incurred only 9 for goods or services received or performed prior to 10 the end of the fiscal period designated for use of the 11 funds. 12 (2) Prohibiting prepayment for goods or services 13 not received or performed prior to the end of the 14 fiscal period designated for use of the funds. 15 (3) Prohibiting the prepayment for goods or 16 services not defined specifically by good or service, 17 time period, or recipient. 18 (4) Prohibiting the establishment of accounts from 19 which future goods or services which are not defined 20 specifically by good or service, time period, or 21 recipient, may be purchased. 22 b. The procedures shall provide that if any funds 23 are expended in a manner that is not in compliance with 24 the procedures and applicable federal and state laws, 25 rules, and regulations, and are subsequently subject 26 to repayment, the area agency on aging expending such 27 funds in contravention of such procedures, laws, rules 28 and regulations, not the state, shall be liable for 29 such repayment. 30 5. Of the funds appropriated in this section, 31 $100,000 shall be used to provide an additional local 32 long-term care resident’s advocate to administer the 33 certified volunteer long-term care resident’s advocate 34 program pursuant to section 231.45 as enacted in this 35 2012 Act. It is the intent of the general assembly 36 that the number of local long-term care resident’s 37 advocates as provided in section 231.42 be increased 38 each year until 15 local long-term care resident’s 39 advocates are available in the state. 40 DIVISION II 41 DEPARTMENT OF PUBLIC HEALTH 42 Sec. 2. 2011 Iowa Acts, chapter 129, section 114, 43 is amended to read as follows: 44 SEC. 114. DEPARTMENT OF PUBLIC HEALTH. There is 45 appropriated from the general fund of the state to 46 the department of public health for the fiscal year 47 beginning July 1, 2012, and ending June 30, 2013, the 48 following amounts, or so much thereof as is necessary, 49 to be used for the purposes designated: 50 -2- S5221.5979 (3) 84 pf/jp 2/ 80
1. ADDICTIVE DISORDERS 1 For reducing the prevalence of use of tobacco, 2 alcohol, and other drugs, and treating individuals 3 affected by addictive behaviors, including gambling, 4 and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,751,595 7 25,653,190 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 9 a. (1) Of the funds appropriated in this 10 subsection, $1,626,915 $5,403,830 shall be used for 11 the tobacco use prevention and control initiative, 12 including efforts at the state and local levels, as 13 provided in chapter 142A . The commission on tobacco 14 use prevention and control established pursuant to 15 section 142A.3 shall advise the director of public 16 health in prioritizing funding needs and the allocation 17 of moneys appropriated for the programs and activities 18 of the initiative under this subparagraph (1) and shall 19 make recommendations to the director in the development 20 of budget requests relating to the initiative. 21 (2) (a) Of the funds allocated in this paragraph 22 “a”, $226,915 $453,830 shall be transferred to the 23 alcoholic beverages division of the department of 24 commerce for enforcement of tobacco laws, regulations, 25 and ordinances in accordance with 2011 Iowa Acts, House 26 File 467 , as enacted chapter 63 . 27 (b) For the fiscal year beginning July 1, 2012, 28 and ending June 30, 2013, the terms of a chapter 29 28D agreement, entered into between the division of 30 tobacco use prevention and control of the department 31 of public health and the alcoholic beverages division 32 of the department of commerce, governing compliance 33 checks conducted to ensure licensed retail tobacco 34 outlet conformity with tobacco laws, regulations, and 35 ordinances relating to persons under eighteen years of 36 age, shall restrict the number of such checks to one 37 check per retail outlet, and one additional check for 38 any retail outlet found to be in violation during the 39 first check. 40 b. Of the funds appropriated in this subsection, 41 $10,124,680 $20,249,360 shall be used for problem 42 gambling and substance abuse prevention, treatment, 43 and recovery services, including a 24-hour helpline, 44 public information resources, professional training, 45 and program evaluation. 46 (1) Of the funds allocated in this paragraph “b”, 47 $8,566,254 $17,132,508 shall be used for substance 48 abuse prevention and treatment. 49 (a) Of the funds allocated in this subparagraph 50 -3- S5221.5979 (3) 84 pf/jp 3/ 80
(1), $449,650 $899,300 shall be used for the public 1 purpose of a grant program to provide substance abuse 2 prevention programming for children. 3 (i) Of the funds allocated in this subparagraph 4 division (a), $213,769 $427,539 shall be used for grant 5 funding for organizations that provide programming for 6 children by utilizing mentors. Programs approved for 7 such grants shall be certified or will be certified 8 within six months of receiving the grant award by the 9 Iowa commission on volunteer services as utilizing 10 the standards for effective practice for mentoring 11 programs. 12 (ii) Of the funds allocated in this subparagraph 13 division (a), $213,419 $426,839 shall be used for grant 14 funding for organizations that provide programming 15 that includes youth development and leadership. The 16 programs shall also be recognized as being programs 17 that are scientifically based with evidence of their 18 effectiveness in reducing substance abuse in children. 19 (iii) The department of public health shall utilize 20 a request for proposals process to implement the grant 21 program. 22 (iv) All grant recipients shall participate in a 23 program evaluation as a requirement for receiving grant 24 funds. 25 (v) Of the funds allocated in this subparagraph 26 division (a), up to $22,461 $44,922 may be used to 27 administer substance abuse prevention grants and for 28 program evaluations. 29 (b) Of the funds allocated in this subparagraph 30 (1), $136,531 $273,062 shall be used for culturally 31 competent substance abuse treatment pilot projects. 32 (i) The department shall utilize the amount 33 allocated in this subparagraph division (b) for at 34 least three pilot projects to provide culturally 35 competent substance abuse treatment in various areas 36 of the state. Each pilot project shall target a 37 particular ethnic minority population. The populations 38 targeted shall include but are not limited to African 39 American, Asian, and Latino. 40 (ii) The pilot project requirements shall provide 41 for documentation or other means to ensure access 42 to the cultural competence approach used by a pilot 43 project so that such approach can be replicated and 44 improved upon in successor programs. 45 (2) Of the funds allocated in this paragraph “b”, 46 up to $1,558,426 $3,116,852 may be used for problem 47 gambling prevention, treatment, and recovery services. 48 (a) Of the funds allocated in this subparagraph 49 (2), $1,289,500 $2,579,000 shall be used for problem 50 -4- S5221.5979 (3) 84 pf/jp 4/ 80
gambling prevention and treatment. 1 (b) Of the funds allocated in this subparagraph 2 (2), up to $218,926 $437,852 may be used for a 24-hour 3 helpline, public information resources, professional 4 training, and program evaluation. 5 (c) Of the funds allocated in this subparagraph 6 (2), up to $50,000 $100,000 may be used for the 7 licensing of problem gambling treatment programs. 8 (3) It is the intent of the general assembly that 9 from the moneys allocated in this paragraph “b”, 10 persons with a dual diagnosis of substance abuse 11 and gambling addictions shall be given priority in 12 treatment services. 13 c. Notwithstanding any provision of law to the 14 contrary, to standardize the availability, delivery, 15 cost of delivery, and accountability of problem 16 gambling and substance abuse treatment services 17 statewide, the department shall continue implementation 18 of a process to create a system for delivery of 19 treatment services in accordance with the requirements 20 specified in 2008 Iowa Acts, chapter 1187, section 21 3, subsection 4. To ensure the system provides a 22 continuum of treatment services that best meets the 23 needs of Iowans, the problem gambling and substance 24 abuse treatment services in any area may be provided 25 either by a single agency or by separate agencies 26 submitting a joint proposal. 27 (1) The system for delivery of substance abuse 28 and problem gambling treatment shall include problem 29 gambling prevention. 30 (2) The system for delivery of substance abuse and 31 problem gambling treatment shall include substance 32 abuse prevention by July 1, 2014. 33 (3) Of the funds allocated in paragraph “b”, 34 the department may use up to $50,000 $100,000 for 35 administrative costs to continue developing and 36 implementing the process in accordance with this 37 paragraph “c”. 38 d. The requirement of section 123.53, subsection 39 5 , is met by the appropriations and allocations made 40 in this Act for purposes of substance abuse treatment 41 and addictive disorders for the fiscal year beginning 42 July 1, 2012. 43 e. The department of public health shall work 44 with all other departments that fund substance 45 abuse prevention and treatment services and all 46 such departments shall, to the extent necessary, 47 collectively meet the state maintenance of effort 48 requirements for expenditures for substance abuse 49 services as required under the federal substance abuse 50 -5- S5221.5979 (3) 84 pf/jp 5/ 80
prevention and treatment block grant. 1 f. The department shall amend or otherwise 2 revise departmental policies and contract provisions 3 in order to eliminate free t-shirt distribution, 4 banner production, and other unnecessary promotional 5 expenditures. 6 2. HEALTHY CHILDREN AND FAMILIES 7 For promoting the optimum health status for 8 children, adolescents from birth through 21 years of 9 age, and families, and for not more than the following 10 full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,135 12 2,694,270 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 14 a. Of the funds appropriated in this subsection, 15 not more than $369,659 $739,318 shall be used for 16 the healthy opportunities to experience success 17 (HOPES)-healthy families Iowa (HFI) program established 18 pursuant to section 135.106 . The funding shall be 19 distributed to renew the grants that were provided 20 to the grantees that operated the program during the 21 fiscal year ending June 30, 2012. 22 0b. (1) In order to implement the legislative 23 intent stated in sections 135.106 and 256I.9, that 24 priority for home visitation program funding be given 25 to programs using evidence-based or promising models 26 for home visitation, it is the intent of the general 27 assembly to phase-in the funding priority as follows: 28 (a) By July 1, 2013, 25 percent of state 29 funds expended for home visiting programs are for 30 evidence-based or promising program models. 31 (b) By July 1, 2014, 50 percent of state 32 funds expended for home visiting programs are for 33 evidence-based or promising program models. 34 (c) By July 1, 2015, 75 percent of state 35 funds expended for home visiting programs are for 36 evidence-based or promising program models. 37 (d) By July 1, 2016, 90 percent of state 38 funds expended for home visiting programs are for 39 evidence-based or promising program models. The 40 remaining 10 percent of funds may be used for 41 innovative program models that do not yet meet the 42 definition of evidence-based or promising programs. 43 (2) For the purposes of this lettered paragraph, 44 unless the context otherwise requires: 45 (a) “Evidence-based program” means a program that 46 is based on scientific evidence demonstrating that 47 the program model is effective. An evidence-based 48 program shall be reviewed onsite and compared to 49 program model standards by the model developer or the 50 -6- S5221.5979 (3) 84 pf/jp 6/ 80
developer’s designee at least every five years to 1 ensure that the program continues to maintain fidelity 2 with the program model. The program model shall have 3 had demonstrated significant and sustained positive 4 outcomes in an evaluation utilizing a well-designed and 5 rigorous randomized controlled research design or a 6 quasi-experimental research design, and the evaluation 7 results shall have been published in a peer-reviewed 8 journal. 9 (b) “Family support programs” includes group-based 10 parent education or home visiting programs that are 11 designed to strengthen protective factors, including 12 parenting skills, increasing parental knowledge of 13 child development, and increasing family functioning 14 and problem solving skills. A family support program 15 may be used as an early intervention strategy to 16 improve birth outcomes, parental knowledge, family 17 economic success, the home learning environment, family 18 and child involvement with others, and coordination 19 with other community resources. A family support 20 program may have a specific focus on preventing child 21 maltreatment or ensuring children are safe, healthy, 22 and ready to succeed in school. 23 (c) “Promising program” means a program that meets 24 all of the following requirements: 25 (i) The program conforms to a clear, consistent 26 family support model that has been in existence for at 27 least three years. 28 (ii) The program is grounded in relevant 29 empirically-based knowledge. 30 (iii) The program is linked to program-determined 31 outcomes. 32 (iv) The program is associated with a national 33 or state organization that either has comprehensive 34 program standards that ensure high-quality service 35 delivery and continuous program quality improvement 36 or the program model has demonstrated through the 37 program’s benchmark outcomes that the program has 38 achieved significant positive outcomes equivalent 39 to those achieved by program models with published 40 significant and sustained results in a peer-reviewed 41 journal. 42 (v) The program has been awarded the Iowa family 43 support credential and has been reviewed onsite 44 at least every five years to ensure the program’s 45 adherence to the Iowa family support standards approved 46 by the early childhood Iowa state board created in 47 section 256I.3 or a comparable set of standards. The 48 onsite review is completed by an independent review 49 team that is not associated with the program or the 50 -7- S5221.5979 (3) 84 pf/jp 7/ 80
organization administering the program. 1 (3) (a) The data reporting requirements applicable 2 to the HOPES-HFI program services shall include the 3 requirements adopted by the early childhood Iowa state 4 board pursuant to section 256I.4 for the family support 5 programs targeted to families expecting a child or 6 with newborn and infant children through age five and 7 funded through the state board. The department of 8 public health may specify additional data reporting 9 requirements for the HOPES-HFI program services. 10 The HOPES-HFI program services shall be required to 11 participate in a state administered internet-based 12 data collection system by July 1, 2013. The annual 13 reporting concerning the HOPES-HFI program services 14 shall include program outcomes beginning with the 2015 15 report. 16 (b) The data on families served that is collected 17 by the HOPES-HFI program shall include but is not 18 limited to basic demographic information, services 19 received, funding utilized, and program outcomes for 20 the children and families served. 21 (c) The HOPES-HFI program shall work with the early 22 childhood Iowa state board in the state board’s efforts 23 to identify minimum competency standards for the 24 employees and supervisors of family support programs 25 funded. The HOPES-HFI program, along with the state 26 board, shall submit recommendations concerning the 27 standards to the governor and general assembly on or 28 before January 1, 2014. 29 (d) On or before January 1, 2013, the HOPES-HFI 30 program shall adopt criminal and child abuse record 31 check requirements for the employees and supervisors of 32 family support programs funded through the program. 33 (e) The HOPES-HFI program shall work with the early 34 childhood Iowa state board in the state board’s efforts 35 to develop a plan to implement a coordinated intake and 36 referral process for publicly funded family support 37 programs in order to engage the families expecting a 38 child or with newborn and infant children through age 39 five in all communities in the state by July 1, 2015. 40 b. Of the funds appropriated in this subsection, 41 $164,942 $329,885 shall be used to continue to address 42 the healthy mental development of children from birth 43 through five years of age through local evidence-based 44 strategies that engage both the public and private 45 sectors in promoting healthy development, prevention, 46 and treatment for children. The department shall work 47 with the department of human services, Iowa Medicaid 48 enterprise, to develop a plan to secure matching 49 medical assistance program funding to provide services 50 -8- S5221.5979 (3) 84 pf/jp 8/ 80
under this paragraph, which may include a per member 1 per month payment to reimburse the care coordination 2 and community outreach services component that links 3 young children and their families with identified 4 service needs. 5 c. Of the funds appropriated in this subsection, 6 $15,798 $31,597 shall be distributed to a statewide 7 dental carrier to provide funds to continue the donated 8 dental services program patterned after the projects 9 developed by the lifeline network to provide dental 10 services to indigent elderly and disabled individuals. 11 d. Of the funds appropriated in this subsection, 12 $56,338 $112,677 shall be used for childhood obesity 13 prevention. 14 e. Of the funds appropriated in this subsection, 15 $81,880 $163,760 shall be used to provide audiological 16 services and hearing aids for children. The department 17 may enter into a contract to administer this paragraph. 18 f. Of the funds appropriated in this subsection, 19 $100,000 shall be transferred to the university of Iowa 20 college of dentistry for provision of primary dental 21 services to children. State funds shall be matched 22 on a dollar-for-dollar basis. The university of Iowa 23 college of dentistry shall coordinate efforts with the 24 department of public health, bureau of oral health, 25 to provide dental care to underserved populations 26 throughout the state. 27 3. CHRONIC CONDITIONS 28 For serving individuals identified as having chronic 29 conditions or special health care needs, and for not 30 more than the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,680,828 32 3,919,028 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 34 5.00 35 a. Of the funds appropriated in this subsection, 36 $80,291 $160,582 shall be used for grants to individual 37 patients who have phenylketonuria (PKU) to assist with 38 the costs of necessary special foods. 39 b. Of the funds appropriated in this subsection, 40 $241,800 $483,600 is allocated for continuation of 41 the contracts for resource facilitator services in 42 accordance with section 135.22B, subsection 9 , and 43 for brain injury training services and recruiting of 44 service providers to increase the capacity within this 45 state to address the needs of individuals with brain 46 injuries and such individuals’ families. 47 c. Of the funds appropriated in this subsection, 48 $249,437 $550,000 shall be used as additional funding 49 to leverage federal funding through the federal Ryan 50 -9- S5221.5979 (3) 84 pf/jp 9/ 80
White Care Act, Tit. II, AIDS drug assistance program 1 supplemental drug treatment grants. 2 d. Of the funds appropriated in this subsection, 3 $15,627 $50,000 shall be used for the public purpose of 4 providing a grant to an existing national-affiliated 5 organization to provide education, client-centered 6 programs, and client and family support for people 7 living with epilepsy and their families. 8 e. Of the funds appropriated in this subsection, 9 $394,151 $788,303 shall be used for child health 10 specialty clinics. 11 f. Of the funds appropriated in this subsection, 12 $248,533 $497,065 shall be used for the comprehensive 13 cancer control program to reduce the burden of cancer 14 in Iowa through prevention, early detection, effective 15 treatment, and ensuring quality of life. Of the funds 16 allocated in this lettered paragraph, $75,000 $150,000 17 shall be used to support a melanoma research symposium, 18 a melanoma biorepository and registry, basic and 19 translational melanoma research, and clinical trials. 20 g. Of the funds appropriated in this subsection, 21 $63,225 $126,450 shall be used for cervical and colon 22 cancer screening. 23 h. Of the funds appropriated in this subsection, 24 $264,417 $528,834 shall be used for the center for 25 congenital and inherited disorders. A portion of 26 the funds allocated in this lettered paragraph may 27 be used for one full-time equivalent position for 28 administration of the center. 29 i. Of the funds appropriated in this subsection, 30 $64,968 $129,937 shall be used for the prescription 31 drug donation repository program created in chapter 32 135M . 33 j. For provision of early prevention screening 34 by pap smear and advanced screening by colposcope for 35 women with incomes below 250 percent of the federal 36 poverty level, as defined by the most recently revised 37 poverty income guidelines issued by the United States 38 department of health and human services, who are 39 not covered by a third-party payer health policy or 40 contract that pays for such procedures and related 41 laboratory services: 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 43 The department shall distribute the amount 44 appropriated in this lettered paragraph to providers 45 on behalf of eligible persons within the target 46 population. 47 4. COMMUNITY CAPACITY 48 For strengthening the health care delivery system at 49 the local level, and for not more than the following 50 -10- S5221.5979 (3) 84 pf/jp 10/ 80
full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,117,583 2 5,485,547 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 4 a. Of the funds appropriated in this subsection, 5 $50,000 $100,000 is allocated for a child vision 6 screening program implemented through the university of 7 Iowa hospitals and clinics in collaboration with early 8 childhood Iowa areas. 9 b. Of the funds appropriated in this subsection, 10 $55,654 $111,308 is allocated for continuation of an 11 initiative implemented at the university of Iowa and 12 $50,246 $100,493 is allocated for continuation of an 13 initiative at the state mental health institute at 14 Cherokee to expand and improve the workforce engaged in 15 mental health treatment and services. The initiatives 16 shall receive input from the university of Iowa, the 17 department of human services, the department of public 18 health, and the mental health and disability services 19 commission to address the focus of the initiatives. 20 c. Of the funds appropriated in this subsection, 21 $585,745 $1,171,491 shall be used for essential public 22 health services that promote healthy aging throughout 23 the lifespan, contracted through a formula for local 24 boards of health, to enhance health promotion and 25 disease prevention services. 26 d. Of the funds appropriated in this section, 27 $60,908 $121,817 shall be deposited in the governmental 28 public health system fund created in section 135A.8 to 29 be used for the purposes of the fund. 30 e. Of the funds appropriated in this subsection, 31 $72,271 $144,542 shall be used for the mental health 32 professional shortage area program implemented pursuant 33 to section 135.80 . 34 f. Of the funds appropriated in this subsection, 35 $19,131 $38,263 shall be used for a grant to a 36 statewide association of psychologists that is 37 affiliated with the American psychological association 38 to be used for continuation of a program to rotate 39 intern psychologists in placements in urban and rural 40 mental health professional shortage areas, as defined 41 in section 135.80 135.180 . 42 g. Of the funds appropriated in this subsection, 43 the following amounts shall be allocated to the Iowa 44 collaborative safety net provider network established 45 pursuant to section 135.153 to be used for the purposes 46 designated. The following amounts allocated under 47 this lettered paragraph shall be distributed to 48 the specified provider and shall not be reduced for 49 administrative or other costs prior to distribution: 50 -11- S5221.5979 (3) 84 pf/jp 11/ 80
(1) For distribution to the Iowa primary care 1 association for statewide coordination of the Iowa 2 collaborative safety net provider network: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,290 4 150,000 5 (1A) For distribution to the Iowa primary care 6 association to be used for the following women’s health 7 initiatives: 8 (a) To establish a grant program for training 9 sexual assault response team (SART) members, including 10 representatives of law enforcement, victim advocates, 11 prosecutors, and certified medical personnel: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 13 (b) To promote access to primary and preventive 14 health care and for provision of assistance to patients 15 in determining an appropriate medical home: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 17 (1B) For distribution to federally qualified 18 health centers for necessary infrastructure, statewide 19 coordination, provider recruitment, service delivery, 20 and provision of assistance to patients in determining 21 an appropriate medical home: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 23 (2) For distribution to the local boards of health 24 that provide direct services for pilot programs in 25 three counties to assist patients in determining an 26 appropriate medical home: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,804 28 77,609 29 (3) For distribution to maternal and child health 30 centers for pilot programs in three counties to assist 31 patients in determining an appropriate medical home: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,804 33 100,000 34 (4) For distribution to free clinics for necessary 35 infrastructure, statewide coordination, provider 36 recruitment, service delivery, and provision of 37 assistance to patients in determining an appropriate 38 medical home: 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,025 40 424,050 41 (5) For distribution to rural health clinics for 42 necessary infrastructure, statewide coordination, 43 provider recruitment, service delivery, and provision 44 of assistance to patients in determining an appropriate 45 medical home: 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,215 47 150,000 48 (6) For continuation of the safety net provider 49 patient access to specialty health care initiative as 50 -12- S5221.5979 (3) 84 pf/jp 12/ 80
described in 2007 Iowa Acts, chapter 218, section 109: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 130,000 2 400,000 3 (7) For continuation of the pharmaceutical 4 infrastructure for safety net providers as described in 5 2007 Iowa Acts, chapter 218, section 108: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 135,000 7 435,000 8 The Iowa collaborative safety net provider network 9 may continue to distribute funds allocated pursuant to 10 this lettered paragraph through existing contracts or 11 renewal of existing contracts. 12 h. (1) Of the funds appropriated in this 13 subsection, $74,500 shall be used for continued 14 implementation of the recommendations of the direct 15 care worker task force established pursuant to 2005 16 Iowa Acts, chapter 88, based upon the report submitted 17 to the governor and the general assembly in December 18 2006. The department may use a portion of the funds 19 allocated in this lettered paragraph for an additional 20 position to assist in the continued implementation. 21 i. (1) Of the funds appropriated in this 22 subsection, $65,050 $145,100 shall be used for 23 allocation to an independent statewide direct care 24 worker association that serves the entirety of the 25 direct care workforce under a contract with terms 26 determined by the director of public health relating 27 to education, outreach, leadership development, 28 mentoring, and other initiatives intended to enhance 29 the recruitment and retention of direct care workers in 30 health care and long-term care settings. 31 (2) Of the funds appropriated in this subsection, 32 $29,000 $58,000 shall be used to provide scholarships 33 or other forms of subsidization for direct care 34 worker educational conferences, training, or outreach 35 activities. 36 j. Of the funds appropriated in this subsection, 37 the department may use up to $29,259 $58,518 for up to 38 one full-time equivalent position to administer the 39 volunteer health care provider program pursuant to 40 section 135.24 . 41 k. Of the funds appropriated in this subsection, 42 $25,000 $50,000 shall be used for a matching dental 43 education loan repayment program to be allocated to a 44 dental nonprofit health service corporation to develop 45 the criteria and implement the loan repayment program. 46 l. Of the funds appropriated in this subsection, 47 $250,000 shall be used as state matching funds for 48 the primary care provider recruitment and retention 49 endeavor established pursuant to section 135.107. 50 -13- S5221.5979 (3) 84 pf/jp 13/ 80
Notwithstanding any provision to the contrary 1 including whether a community is located in a federally 2 designated health professional shortage area, the funds 3 shall be used for loans to medical students who upon 4 receiving a permanent license in this state will engage 5 in the full-time practice of medicine and surgery or 6 osteopathic medicine and surgery specializing in family 7 medicine, pediatrics, psychiatry, internal medicine, 8 or general surgery in a city within the state with a 9 population of less than 26,000 that is located more 10 than 20 miles from a city with a population of 50,000 11 or more. The department may adopt rules pursuant to 12 chapter 17A to implement this paragraph “l”. 13 m. Of the funds appropriated in this subsection, 14 $100,000 shall be used for the purposes of the Iowa 15 donor registry as specified in section 142C.18. 16 n. Of the funds appropriated in this subsection, 17 $100,000 shall be used for continuation of a grant to a 18 nationally affiliated volunteer eye organization that 19 has an established program for children and adults 20 and that is solely dedicated to preserving sight and 21 preventing blindness through education, nationally 22 certified vision screening and training, and community 23 and patient service programs. 24 5. HEALTHY AGING 25 To provide public health services that reduce risks 26 and invest in promoting and protecting good health over 27 the course of a lifetime with a priority given to older 28 Iowans and vulnerable populations: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,648,571 30 7,297,142 31 a. Of the funds appropriated in this subsection, 32 $1,004,593 $2,009,187 shall be used for local public 33 health nursing services. 34 b. Of the funds appropriated in this subsection, 35 $2,643,977 $5,287,955 shall be used for home care aide 36 services. 37 6. ENVIRONMENTAL HAZARDS 38 For reducing the public’s exposure to hazards in the 39 environment, primarily chemical hazards, and for not 40 more than the following full-time equivalent positions: 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 406,888 42 813,777 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 44 Of the funds appropriated in this subsection, 45 $272,188 $544,377 shall be used for childhood lead 46 poisoning provisions. 47 7. INFECTIOUS DISEASES 48 a. For reducing the incidence and prevalence 49 of communicable diseases, and for not more than the 50 -14- S5221.5979 (3) 84 pf/jp 14/ 80
following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 672,923 2 2,395,847 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 4 b. For the human papillomavirus vaccination public 5 awareness program in accordance with section 135.11, 6 subsection 31, as enacted by this Act: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 8 The department of public health may seek private 9 sector moneys for the purpose of supporting the public 10 awareness program. 11 c. For provision of vaccinations for human 12 papillomavirus to persons age 19 through 26 with 13 incomes below 300 percent of the federal poverty level, 14 as defined by the most recently revised poverty income 15 guidelines issued by the United States department of 16 health and human services, who are not covered by a 17 third-party payer health policy or contract that pays 18 for such vaccinations: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 20 The department shall distribute the amount 21 appropriated in this lettered paragraph to providers 22 on behalf of eligible persons within the target 23 population. 24 8. PUBLIC PROTECTION 25 For protecting the health and safety of the 26 public through establishing standards and enforcing 27 regulations, and for not more than the following 28 full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,388,116 30 3,216,567 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 125.00 32 a. Of the funds appropriated in this subsection, 33 not more than $235,845 $471,690 shall be credited to 34 the emergency medical services fund created in section 35 135.25 . Moneys in the emergency medical services fund 36 are appropriated to the department to be used for the 37 purposes of the fund. 38 b. Of the funds appropriated in this subsection, 39 $105,309 $210,619 shall be used for sexual violence 40 prevention programming through a statewide organization 41 representing programs serving victims of sexual 42 violence through the department’s sexual violence 43 prevention program. The amount allocated in this 44 lettered paragraph shall not be used to supplant 45 funding administered for other sexual violence 46 prevention or victims assistance programs. 47 c. Of the funds appropriated in this subsection, 48 not more than $218,291 $539,477 shall be used for the 49 state poison control center. 50 -15- S5221.5979 (3) 84 pf/jp 15/ 80
d. Of the funds appropriated in this subsection, 1 $337,440 shall be used for the purposes of the board 2 of direct care professionals as established pursuant 3 to the division of this 2012 Act enacting new Code 4 chapter 152F. The direct care worker advisory council 5 established pursuant to 2008 Iowa Acts, chapter 1188, 6 section 69, may continue to provide expertise and 7 leadership relating to the recommendations in the 8 advisory council’s final report submitted to the 9 governor and the general assembly in March 2012. 10 9. RESOURCE MANAGEMENT 11 For establishing and sustaining the overall 12 ability of the department to deliver services to the 13 public, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 409,777 16 819,554 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 18 The university of Iowa hospitals and clinics under 19 the control of the state board of regents shall not 20 receive indirect costs from the funds appropriated in 21 this section. The university of Iowa hospitals and 22 clinics billings to the department shall be on at least 23 a quarterly basis. 24 DIVISION III 25 DEPARTMENT OF VETERANS AFFAIRS 26 Sec. 3. 2011 Iowa Acts, chapter 129, section 115, 27 is amended to read as follows: 28 SEC. 115. DEPARTMENT OF VETERANS AFFAIRS. There 29 is appropriated from the general fund of the state to 30 the department of veterans affairs for the fiscal year 31 beginning July 1, 2012, and ending June 30, 2013, the 32 following amounts, or so much thereof as is necessary, 33 to be used for the purposes designated: 34 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 35 For salaries, support, maintenance, and 36 miscellaneous purposes, including the war orphans 37 educational assistance fund created in section 38 35.8 , and for not more than the following full-time 39 equivalent positions: 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 499,416 41 1,010,832 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.34 43 2. IOWA VETERANS HOME 44 For salaries, support, maintenance, and 45 miscellaneous purposes: 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,476,075 47 8,952,151 48 a. The Iowa veterans home billings involving the 49 department of human services shall be submitted to the 50 -16- S5221.5979 (3) 84 pf/jp 16/ 80
department on at least a monthly basis. 1 b. If there is a change in the employer of 2 employees providing services at the Iowa veterans home 3 under a collective bargaining agreement, such employees 4 and the agreement shall be continued by the successor 5 employer as though there had not been a change in 6 employer. 7 c. Within available resources and in conformance 8 with associated state and federal program eligibility 9 requirements, the Iowa veterans home may implement 10 measures to provide financial assistance to or 11 on behalf of veterans or their spouses who are 12 participating in the community reentry program. 13 d. The Iowa veterans home expenditure report 14 shall be submitted monthly to the legislative services 15 agency. 16 3. STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF 17 DECEASED VETERANS 18 For provision of educational assistance pursuant to 19 section 35.9 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,208 21 12,416 22 4. HOME OWNERSHIP ASSISTANCE PROGRAM 23 For transfer to the Iowa finance authority for the 24 continuation of the home ownership assistance program 25 for persons who are or were eligible members of the 26 armed forces of the United States, pursuant to section 27 16.54: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,600,000 29 Sec. 4. 2011 Iowa Acts, chapter 129, section 116, 30 is amended to read as follows: 31 SEC. 116. LIMITATION OF COUNTY 32 COMMISSION OF VETERANS AFFAIRS FUND STANDING 33 APPROPRIATIONS. Notwithstanding the standing 34 appropriation in the following designated section for 35 the fiscal year beginning July 1, 2012, and ending June 36 30, 2013, the amounts appropriated from the general 37 fund of the state pursuant to that section for the 38 following designated purposes shall not exceed the 39 following amount: 40 For the county commissions of veterans affairs fund 41 under section 35A.16 : 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 43 990,000 44 DIVISION IV 45 DEPARTMENT OF HUMAN SERVICES 46 Sec. 5. 2011 Iowa Acts, chapter 129, section 117, 47 is amended to read as follows: 48 SEC. 117. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 49 BLOCK GRANT. There is appropriated from the fund 50 -17- S5221.5979 (3) 84 pf/jp 17/ 80
created in section 8.41 to the department of human 1 services for the fiscal year beginning July 1, 2012, 2 and ending June 30, 2013, from moneys received under 3 the federal temporary assistance for needy families 4 (TANF) block grant pursuant to the federal Personal 5 Responsibility and Work Opportunity Reconciliation 6 Act of 1996, Pub. L. No. 104-193, and successor 7 legislation, and from moneys received under the 8 emergency contingency fund for temporary assistance 9 for needy families state program established pursuant 10 to the federal American Recovery and Reinvestment 11 Act of 2009, Pub. L. No. 111-5 § 2101, and successor 12 legislation, the following amounts, or so much 13 thereof as is necessary, to be used for the purposes 14 designated: 15 1. To be credited to the family investment program 16 account and used for assistance under the family 17 investment program under chapter 239B : 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,750,369 19 19,790,365 20 2. To be credited to the family investment program 21 account and used for the job opportunities and 22 basic skills (JOBS) program and implementing family 23 investment agreements in accordance with chapter 239B : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,205,764 25 12,411,528 26 3. To be used for the family development and 27 self-sufficiency grant program in accordance with 28 section 216A.107 : 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,449,490 30 2,898,980 31 Notwithstanding section 8.33 , moneys appropriated in 32 this subsection that remain unencumbered or unobligated 33 at the close of the fiscal year shall not revert but 34 shall remain available for expenditure for the purposes 35 designated until the close of the succeeding fiscal 36 year. However, unless such moneys are encumbered or 37 obligated on or before September 30, 2013, the moneys 38 shall revert. 39 4. For field operations: 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,648,116 41 31,296,232 42 5. For general administration: 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,000 44 3,744,000 45 6. For state child care assistance: 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,191,343 47 16,382,687 48 The funds appropriated in this subsection shall 49 be transferred to the child care and development 50 -18- S5221.5979 (3) 84 pf/jp 18/ 80
block grant appropriation made pursuant to 2011 Iowa 1 Acts, chapter 126, section 32, by the Eighty-fourth 2 General Assembly, 2012 Session, for the federal fiscal 3 year beginning October 1, 2012, and ending September 4 30, 2013. Of this amount, $100,000 $200,000 shall 5 be used for provision of educational opportunities 6 to registered child care home providers in order to 7 improve services and programs offered by this category 8 of providers and to increase the number of providers. 9 The department may contract with institutions of higher 10 education or child care resource and referral centers 11 to provide the educational opportunities. Allowable 12 administrative costs under the contracts shall not 13 exceed 5 percent. The application for a grant shall 14 not exceed two pages in length. 15 7. For distribution to counties for state case 16 services for persons with mental health and illness, 17 an intellectual disability, or a developmental 18 disabilities community services disability in 19 accordance with section 331.440 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,447,026 21 4,894,052 22 8. For child and family services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,042,215 24 32,084,430 25 9. For child abuse prevention grants: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 27 125,000 28 10. For pregnancy prevention grants on the 29 condition that family planning services are funded: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 965,033 31 1,930,067 32 Pregnancy prevention grants shall be awarded to 33 programs in existence on or before July 1, 2012, if the 34 programs have demonstrated positive outcomes. Grants 35 shall be awarded to pregnancy prevention programs 36 which are developed after July 1, 2012, if the programs 37 are based on existing models that have demonstrated 38 positive outcomes. Grants shall comply with the 39 requirements provided in 1997 Iowa Acts, chapter 40 208, section 14, subsections 1 and 2, including the 41 requirement that grant programs must emphasize sexual 42 abstinence. Priority in the awarding of grants shall 43 be given to programs that serve areas of the state 44 which demonstrate the highest percentage of unplanned 45 pregnancies of females of childbearing age within the 46 geographic area to be served by the grant. 47 11. For technology needs and other resources 48 necessary to meet federal welfare reform reporting, 49 tracking, and case management requirements: 50 -19- S5221.5979 (3) 84 pf/jp 19/ 80
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 518,593 1 1,037,186 2 12. To be credited to the state child care 3 assistance appropriation made in this section to be 4 used for funding of community-based early childhood 5 programs targeted to children from birth through five 6 years of age developed by early childhood Iowa areas as 7 provided in section 256I.11 : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,175,000 9 6,350,000 10 The department shall transfer TANF block grant 11 funding appropriated and allocated in this subsection 12 to the child care and development block grant 13 appropriation in accordance with federal law as 14 necessary to comply with the provisions of this 15 subsection. 16 13. a. Notwithstanding any provision to the 17 contrary, including but not limited to requirements 18 in section 8.41 or provisions in 2011 or 2012 Iowa 19 Acts regarding the receipt and appropriation of 20 federal block grants, federal funds from the emergency 21 contingency fund for temporary assistance for needy 22 families state program established pursuant to the 23 federal American Recovery and Reinvestment Act of 2009 , 24 Pub. L. No. 111-5 § 2101 , block grant received by the 25 state during the fiscal year beginning July 1, 2011, 26 and ending June 30, 2012, not otherwise appropriated 27 in this section and remaining available as of for 28 the fiscal year beginning July 1, 2012, and received 29 by the state during the fiscal year beginning July 30 1, 2012, and ending June 30, 2013, are appropriated 31 to the department of human services to the extent as 32 may be necessary to be used in the following priority 33 order: the family investment program for the fiscal 34 year and for state child care assistance program 35 payments for individuals enrolled in the family 36 investment program who are employed. The federal funds 37 appropriated in this paragraph “a” shall be expended 38 only after all other funds appropriated in subsection 1 39 for the assistance under the family investment program 40 under chapter 239B have been expended. 41 b. The department shall, on a quarterly basis, 42 advise the legislative services agency and department 43 of management of the amount of funds appropriated in 44 this subsection that was expended in the prior quarter. 45 14. Of the amounts appropriated in this section, 46 $6,481,004 $12,962,008 for the fiscal year beginning 47 July 1, 2012, shall be transferred to the appropriation 48 of the federal social services block grant made for 49 that fiscal year. 50 -20- S5221.5979 (3) 84 pf/jp 20/ 80
15. For continuation of the program allowing the 1 department to maintain categorical eligibility for the 2 food assistance program as required under the section 3 of this division relating to the family investment 4 account: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 73,036 6 25,000 7 16. The department may transfer funds allocated 8 in this section to the appropriations made in this 9 division of this Act for general administration and 10 field operations for resources necessary to implement 11 and operate the services referred to in this section 12 and those funded in the appropriation made in this 13 division of this Act for the family investment program 14 from the general fund of the state. 15 Sec. 6. 2011 Iowa Acts, chapter 129, section 118, 16 is amended to read as follows: 17 SEC. 118. FAMILY INVESTMENT PROGRAM ACCOUNT. 18 1. Moneys credited to the family investment program 19 (FIP) account for the fiscal year beginning July 20 1, 2012, and ending June 30, 2013, shall be used to 21 provide assistance in accordance with chapter 239B . 22 2. The department may use a portion of the moneys 23 credited to the FIP account under this section as 24 necessary for salaries, support, maintenance, and 25 miscellaneous purposes. 26 3. The department may transfer funds allocated in 27 this section to the appropriations in this division 28 of this Act for general administration and field 29 operations for resources necessary to implement and 30 operate the services referred to in this section and 31 those funded in the appropriation made in this division 32 of this Act for the family investment program from the 33 general fund of the state. 34 4. Moneys appropriated in this division of this Act 35 and credited to the FIP account for the fiscal year 36 beginning July 1, 2012, and ending June 30, 2013, are 37 allocated as follows: 38 a. To be retained by the department of human 39 services to be used for coordinating with the 40 department of human rights to more effectively serve 41 participants in the FIP program and other shared 42 clients and to meet federal reporting requirements 43 under the federal temporary assistance for needy 44 families block grant: 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 46 20,000 47 b. To the department of human rights for staffing, 48 administration, and implementation of the family 49 development and self-sufficiency grant program in 50 -21- S5221.5979 (3) 84 pf/jp 21/ 80
accordance with section 216A.107 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,671,417 2 5,942,834 3 (1) Of the funds allocated for the family 4 development and self-sufficiency grant program in this 5 lettered paragraph, not more than 5 percent of the 6 funds shall be used for the administration of the grant 7 program. 8 (2) The department of human rights may continue to 9 implement the family development and self-sufficiency 10 grant program statewide during fiscal year 2012-2013. 11 c. For the diversion subaccount of the FIP account: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 849,200 13 1,698,400 14 A portion of the moneys allocated for the subaccount 15 may be used for field operations salaries, data 16 management system development, and implementation 17 costs and support deemed necessary by the director of 18 human services in order to administer the FIP diversion 19 program. 20 d. For the food stamp employment and training 21 program: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,294 23 66,588 24 (1) The department shall amend the food stamp 25 employment and training state plan in order to maximize 26 to the fullest extent permitted by federal law the 27 use of the 50-50 match provisions for the claiming 28 of allowable federal matching funds from the United 29 States department of agriculture pursuant to the 30 federal food stamp employment and training program for 31 providing education, employment, and training services 32 for eligible food assistance program participants, 33 including but not limited to related dependent care and 34 transportation expenses. 35 (2) The department shall continue the categorical 36 federal food assistance program eligibility at 160 37 percent of the federal poverty level and continue to 38 eliminate the asset test from eligibility requirements, 39 consistent with federal food assistance program 40 requirements. The department shall include as many 41 food assistance households as is allowed by federal 42 law. The eligibility provisions shall conform to all 43 federal requirements including requirements addressing 44 individuals who are incarcerated or otherwise 45 ineligible. 46 e. For the JOBS program: 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,117,952 48 20,235,905 49 5. Of the child support collections assigned under 50 -22- S5221.5979 (3) 84 pf/jp 22/ 80
FIP, an amount equal to the federal share of support 1 collections shall be credited to the child support 2 recovery appropriation made in this division of this 3 Act. Of the remainder of the assigned child support 4 collections received by the child support recovery 5 unit, a portion shall be credited to the FIP account, 6 a portion may be used to increase recoveries, and a 7 portion may be used to sustain cash flow in the child 8 support payments account. If as a consequence of the 9 appropriations and allocations made in this section 10 the resulting amounts are insufficient to sustain 11 cash assistance payments and meet federal maintenance 12 of effort requirements, the department shall seek 13 supplemental funding. If child support collections 14 assigned under FIP are greater than estimated or are 15 otherwise determined not to be required for maintenance 16 of effort, the state share of either amount may be 17 transferred to or retained in the child support payment 18 account. 19 6. The department may adopt emergency rules for 20 the family investment, JOBS, food stamp, and medical 21 assistance programs if necessary to comply with federal 22 requirements. 23 Sec. 7. 2011 Iowa Acts, chapter 129, section 119, 24 is amended to read as follows: 25 SEC. 119. FAMILY INVESTMENT PROGRAM GENERAL 26 FUND. There is appropriated from the general fund of 27 the state to the department of human services for the 28 fiscal year beginning July 1, 2012, and ending June 30, 29 2013, the following amount, or so much thereof as is 30 necessary, to be used for the purpose designated: 31 To be credited to the family investment program 32 (FIP) account and used for family investment program 33 assistance under chapter 239B : 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,085,513 35 50,742,028 36 1. Of the funds appropriated in this section, 37 $3,912,188 $7,824,377 is allocated for the JOBS 38 program. 39 2. Of the funds appropriated in this section, 40 $1,231,927 $3,063,854 is allocated for the family 41 development and self-sufficiency grant program. 42 3. Notwithstanding section 8.39 , for the fiscal 43 year beginning July 1, 2012, if necessary to meet 44 federal maintenance of effort requirements or to 45 transfer federal temporary assistance for needy 46 families block grant funding to be used for purposes 47 of the federal social services block grant or to meet 48 cash flow needs resulting from delays in receiving 49 federal funding or to implement, in accordance with 50 -23- S5221.5979 (3) 84 pf/jp 23/ 80
this division of this Act, activities currently funded 1 with juvenile court services, county, or community 2 moneys and state moneys used in combination with such 3 moneys, the department of human services may transfer 4 funds within or between any of the appropriations made 5 in this division of this Act and appropriations in law 6 for the federal social services block grant to the 7 department for the following purposes, provided that 8 the combined amount of state and federal temporary 9 assistance for needy families block grant funding for 10 each appropriation remains the same before and after 11 the transfer: 12 a. For the family investment program. 13 b. For child care assistance. 14 c. For child and family services. 15 d. For field operations. 16 e. For general administration. 17 f. MH/MR/DD/BI community services (local purchase). 18 For distribution to counties for state case services 19 for persons with mental illness, an intellectual 20 disability, or a developmental disability in accordance 21 with section 331.440. 22 This subsection shall not be construed to prohibit 23 the use of existing state transfer authority for other 24 purposes. The department shall report any transfers 25 made pursuant to this subsection to the legislative 26 services agency. 27 4. Of the funds appropriated in this section, 28 $97,839 $195,678 shall be used for continuation of a 29 grant to an Iowa-based nonprofit organization with a 30 history of providing tax preparation assistance to 31 low-income Iowans in order to expand the usage of the 32 earned income tax credit. The purpose of the grant is 33 to supply this assistance to underserved areas of the 34 state. 35 4A. Of the funds appropriated in this section, 36 $500,000 shall be used for distribution to a nonprofit, 37 tax-exempt association that receives donations under 38 section 170 of the Internal Revenue Code and whose 39 members include Iowa food banks and their affiliates 40 that together serve all counties in the state, to be 41 used to purchase food for distribution to food-insecure 42 Iowans: 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 44 In purchasing food under this subsection, a 45 preference shall be given to the purchase of food 46 produced, processed, or packaged within this state 47 whenever reasonably practicable. 48 5. The department may transfer funds appropriated 49 in this section to the appropriations made in this 50 -24- S5221.5979 (3) 84 pf/jp 24/ 80
division of this Act for general administration and 1 field operations as necessary to administer this 2 section and the overall family investment program. 3 Sec. 8. 2011 Iowa Acts, chapter 129, section 120, 4 is amended to read as follows: 5 SEC. 120. CHILD SUPPORT RECOVERY. There is 6 appropriated from the general fund of the state to 7 the department of human services for the fiscal year 8 beginning July 1, 2012, and ending June 30, 2013, the 9 following amount, or so much thereof as is necessary, 10 to be used for the purposes designated: 11 For child support recovery, including salaries, 12 support, maintenance, and miscellaneous purposes, and 13 for not more than the following full-time equivalent 14 positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,559,627 16 13,377,993 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 475.00 18 1. The department shall expend up to $12,164 19 $24,329 , including federal financial participation, for 20 the fiscal year beginning July 1, 2012, for a child 21 support public awareness campaign. The department and 22 the office of the attorney general shall cooperate in 23 continuation of the campaign. The public awareness 24 campaign shall emphasize, through a variety of media 25 activities, the importance of maximum involvement of 26 both parents in the lives of their children as well as 27 the importance of payment of child support obligations. 28 2. Federal access and visitation grant moneys shall 29 be issued directly to private not-for-profit agencies 30 that provide services designed to increase compliance 31 with the child access provisions of court orders, 32 including but not limited to neutral visitation sites 33 and mediation services. 34 3. The appropriation made to the department for 35 child support recovery may be used throughout the 36 fiscal year in the manner necessary for purposes of 37 cash flow management, and for cash flow management 38 purposes the department may temporarily draw more 39 than the amount appropriated, provided the amount 40 appropriated is not exceeded at the close of the fiscal 41 year. 42 4. With the exception of the funding amount 43 specified, the requirements established under 2001 44 Iowa Acts, chapter 191, section 3, subsection 5, 45 paragraph “c”, subparagraph (3), shall be applicable 46 to parental obligation pilot projects for the fiscal 47 year beginning July 1, 2012, and ending June 30, 48 2013. Notwithstanding 441 IAC 100.8, providing for 49 termination of rules relating to the pilot projects, 50 -25- S5221.5979 (3) 84 pf/jp 25/ 80
the rules shall remain in effect until June 30, 2013. 1 MEDICAL ASSISTANCE PROGRAM 2 Sec. 9. 2011 Iowa Acts, chapter 129, section 122, 3 unnumbered paragraph 2, is amended to read as follows: 4 For medical assistance program reimbursement and 5 associated costs as specifically provided in the 6 reimbursement methodologies in effect on June 30, 7 2012, except as otherwise expressly authorized by 8 law , and consistent with options under federal law and 9 regulations : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 914,993,421 11 845,601,256 12 Sec. 10. 2011 Iowa Acts, chapter 129, section 122, 13 subsection 1, unnumbered paragraph 1, is amended to 14 read as follows: 15 Iowans support reducing the number of abortions 16 performed in our state. Funds appropriated in this 17 section shall not be used for abortions. For the 18 purposes of this section, “abortion” does not include 19 any of the following: 20 a. The treatment of a woman for a physical 21 disorder, physical injury, or physical illness, 22 including a life-endangering physical condition caused 23 by or arising from the pregnancy itself, that would, 24 as certified by a physician, place the woman in danger 25 of death. 26 b. The treatment of a woman for a spontaneous 27 abortion, commonly known as a miscarriage, when not all 28 of the products of conception are expelled. 29 1A. For an abortion covered under the program, 30 except in the case of a medical emergency, as defined 31 in section 135L.1 , for any woman, the physician shall 32 certify both of the following: 33 MEDICAL ASSISTANCE —— DISPROPORTIONATE SHARE HOSPITAL 34 Sec. 11. 2011 Iowa Acts, chapter 129, section 122, 35 subsection 11, paragraph a, unnumbered paragraph 1, is 36 amended to read as follows: 37 Of the funds appropriated in this section, 38 $7,425,684 $7,678,245 is allocated for the state 39 match for a disproportionate share hospital payment 40 of $19,133,430 to hospitals that meet both of the 41 conditions specified in subparagraphs (1) and (2). 42 In addition, the hospitals that meet the conditions 43 specified shall either certify public expenditures 44 or transfer to the medical assistance program an 45 amount equal to provide the nonfederal share for a 46 disproportionate share hospital payment of $7,500,000. 47 The hospitals that meet the conditions specified 48 shall receive and retain 100 percent of the total 49 disproportionate share hospital payment of $26,633,430. 50 -26- S5221.5979 (3) 84 pf/jp 26/ 80
MEDICAL ASSISTANCE —— IOWACARE TRANSFER 1 Sec. 12. 2011 Iowa Acts, chapter 129, section 122, 2 subsection 13, is amended to read as follows: 3 13. Of the funds appropriated in this section, 4 up to $4,480,304 $8,684,329 may be transferred to the 5 IowaCare account created in section 249J.24 . 6 MEDICAL ASSISTANCE —— COST CONTAINMENT STRATEGIES 7 Sec. 13. 2011 Iowa Acts, chapter 129, section 122, 8 subsection 20, paragraphs a and d, are amended to read 9 as follows: 10 a. The department may continue to implement cost 11 containment strategies recommended by the governor , and 12 for the fiscal year beginning July 1, 2011, and shall 13 implement new strategies for the fiscal year beginning 14 July 1, 2012, as specified in this division of this 15 2012 Act. The department may adopt emergency rules for 16 such implementation. 17 d. If the savings to the medical assistance program 18 for the fiscal year beginning July 1, 2012, exceed 19 the cost, the department may transfer any savings 20 generated for the fiscal year due to medical assistance 21 program cost containment efforts initiated pursuant 22 to 2010 Iowa Acts, chapter 1031, Executive Order No. 23 20, issued December 16, 2009, or cost containment 24 strategies initiated pursuant to this subsection, to 25 the appropriation made in this division of this Act 26 for medical contracts or general administration to 27 defray the increased contract costs associated with 28 implementing such efforts. 29 Sec. 14. 2011 Iowa Acts, chapter 129, section 122, 30 is amended by adding the following new subsections: 31 NEW SUBSECTION . 23. The department shall implement 32 a hospital inpatient reimbursement policy to provide 33 for the combining of an original claim for an inpatient 34 stay with a claim for a subsequent inpatient stay when 35 the patient is admitted within seven days of discharge 36 from the original hospital stay for the same condition. 37 NEW SUBSECTION . 24. The department shall 38 transition payment for and administration of services 39 provided by psychiatric medical institutions for 40 children to the Iowa plan. 41 MEDICAL ASSISTANCE FOR EMPLOYED PEOPLE WITH 42 DISABILITIES 43 Sec. 15. 2011 Iowa Acts, chapter 129, section 122, 44 is amended by adding the following new subsection: 45 NEW SUBSECTION . 25. The department of human 46 services shall adopt rules for the Medicaid for 47 employed people with disabilities program to provide 48 that until such time as the department adopts 49 rules, annually, to implement the most recently 50 -27- S5221.5979 (3) 84 pf/jp 27/ 80
revised poverty guidelines published by the United 1 States department of health and human services, the 2 calculation of gross income eligibility and premium 3 amounts shall not include any increase in unearned 4 income attributable to a social security cost-of-living 5 adjustment for an individual or member of the 6 individual’s family whose unearned income is included 7 in such calculation. 8 STATE BALANCING INCENTIVE PAYMENTS PROGRAM 9 Sec. 16. 2011 Iowa Acts, chapter 129, section 122, 10 is amended by adding the following new subsection: 11 NEW SUBSECTION . 27. The funds received through 12 participation in the medical assistance state balancing 13 incentive payments program created pursuant to section 14 10202 of the federal Patient Protection and Affordable 15 Care Act of 2010, Pub. L. No. 111-148 (2010), as 16 amended by the federal Health Care and Education 17 Reconciliation Act of 2010, Pub. L. No. 111-152, 18 shall be used by the department of human services to 19 comply with the requirements of the program including 20 developing a no wrong door single entry point system; 21 providing a conflict-free case management system; 22 providing core standardized assessment instruments; 23 complying with data collection requirements relating to 24 services, quality, and outcomes; meeting the applicable 25 target spending percentage required under the program 26 to rebalance long-term care spending under the medical 27 assistance program between home and community-based 28 services and institution-based services; and for new or 29 expanded medical assistance program non-institutionally 30 based long-term care services and supports. 31 Sec. 17. 2011 Iowa Acts, chapter 129, section 123, 32 is amended to read as follows: 33 SEC. 123. MEDICAL CONTRACTS. There is appropriated 34 from the general fund of the state to the department of 35 human services for the fiscal year beginning July 1, 36 2012, and ending June 30, 2013, the following amount, 37 or so much thereof as is necessary, to be used for the 38 purpose designated: 39 For medical contracts: 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,453,728 41 8,460,680 42 1. The department of inspections and appeals 43 shall provide all state matching funds for survey and 44 certification activities performed by the department 45 of inspections and appeals. The department of human 46 services is solely responsible for distributing the 47 federal matching funds for such activities. 48 2. Of the funds appropriated in this section, 49 $25,000 $50,000 shall be used for continuation of home 50 -28- S5221.5979 (3) 84 pf/jp 28/ 80
and community-based services waiver quality assurance 1 programs, including the review and streamlining of 2 processes and policies related to oversight and quality 3 management to meet state and federal requirements. 4 3. Of the amount appropriated in this section, up 5 to $200,000 may be transferred to the appropriation for 6 general administration in this division of this Act to 7 be used for additional full-time equivalent positions 8 in the development of key health initiatives such as 9 cost containment, development and oversight of managed 10 care programs, and development of health strategies 11 targeted toward improved quality and reduced costs in 12 the Medicaid program. 13 Sec. 18. 2011 Iowa Acts, chapter 129, section 124, 14 is amended to read as follows: 15 SEC. 124. STATE SUPPLEMENTARY ASSISTANCE. 16 1. There is appropriated from the general fund of 17 the state to the department of human services for the 18 fiscal year beginning July 1, 2012, and ending June 30, 19 2013, the following amount, or so much thereof as is 20 necessary, to be used for the purpose designated: 21 For the state supplementary assistance program: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,425,373 23 15,450,747 24 2. The department shall increase the personal needs 25 allowance for residents of residential care facilities 26 by the same percentage and at the same time as federal 27 supplemental security income and federal social 28 security benefits are increased due to a recognized 29 increase in the cost of living. The department may 30 adopt emergency rules to implement this subsection. 31 3. If during the fiscal year beginning July 1, 32 2012, the department projects that state supplementary 33 assistance expenditures for a calendar year will not 34 meet the federal pass-through requirement specified 35 in Tit. XVI of the federal Social Security Act, 36 section 1618, as codified in 42 U.S.C. § 1382g, 37 the department may take actions including but not 38 limited to increasing the personal needs allowance 39 for residential care facility residents and making 40 programmatic adjustments or upward adjustments of the 41 residential care facility or in-home health-related 42 care reimbursement rates prescribed in this division of 43 this Act to ensure that federal requirements are met. 44 In addition, the department may make other programmatic 45 and rate adjustments necessary to remain within the 46 amount appropriated in this section while ensuring 47 compliance with federal requirements. The department 48 may adopt emergency rules to implement the provisions 49 of this subsection. 50 -29- S5221.5979 (3) 84 pf/jp 29/ 80
Sec. 19. 2011 Iowa Acts, chapter 129, section 125, 1 is amended to read as follows: 2 SEC. 125. CHILDREN’S HEALTH INSURANCE PROGRAM. 3 1. There is appropriated from the general fund of 4 the state to the department of human services for the 5 fiscal year beginning July 1, 2012, and ending June 30, 6 2013, the following amount, or so much thereof as is 7 necessary, to be used for the purpose designated: 8 For maintenance of the healthy and well kids in Iowa 9 (hawk-i) program pursuant to chapter 514I , including 10 supplemental dental services, for receipt of federal 11 financial participation under Tit. XXI of the federal 12 Social Security Act, which creates the children’s 13 health insurance program: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,403,051 15 40,400,160 16 2. Of the funds appropriated in this section, 17 $64,475 $141,450 is allocated for continuation of the 18 contract for outreach with the department of public 19 health. 20 Sec. 20. 2011 Iowa Acts, chapter 129, section 126, 21 is amended to read as follows: 22 SEC. 126. CHILD CARE ASSISTANCE. There is 23 appropriated from the general fund of the state to 24 the department of human services for the fiscal year 25 beginning July 1, 2012, and ending June 30, 2013, the 26 following amount, or so much thereof as is necessary, 27 to be used for the purpose designated: 28 For child care programs: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,618,831 30 61,087,940 31 1. Of the funds appropriated in this section, 32 $25,948,041 $59,718,513 shall be used for state child 33 care assistance in accordance with section 237A.13 . 34 2. Nothing in this section shall be construed or 35 is intended as or shall imply a grant of entitlement 36 for services to persons who are eligible for assistance 37 due to an income level consistent with the waiting 38 list requirements of section 237A.13 . Any state 39 obligation to provide services pursuant to this section 40 is limited to the extent of the funds appropriated in 41 this section. 42 3. Of the funds appropriated in this section, 43 $216,226 $432,453 is allocated for the statewide 44 program for child care resource and referral services 45 under section 237A.26 . A list of the registered and 46 licensed child care facilities operating in the area 47 served by a child care resource and referral service 48 shall be made available to the families receiving state 49 child care assistance in that area. 50 -30- S5221.5979 (3) 84 pf/jp 30/ 80
4. Of the funds appropriated in this section, 1 $468,487 $936,974 is allocated for child care quality 2 improvement initiatives including but not limited to 3 the voluntary quality rating system in accordance with 4 section 237A.30 . 5 5. The department may use any of the funds 6 appropriated in this section as a match to obtain 7 federal funds for use in expanding child care 8 assistance and related programs. For the purpose of 9 expenditures of state and federal child care funding, 10 funds shall be considered obligated at the time 11 expenditures are projected or are allocated to the 12 department’s service areas. Projections shall be based 13 on current and projected caseload growth, current and 14 projected provider rates, staffing requirements for 15 eligibility determination and management of program 16 requirements including data systems management, 17 staffing requirements for administration of the 18 program, contractual and grant obligations and any 19 transfers to other state agencies, and obligations for 20 decategorization or innovation projects. 21 6. A portion of the state match for the federal 22 child care and development block grant shall be 23 provided as necessary to meet federal matching 24 funds requirements through the state general fund 25 appropriation made for child development grants and 26 other programs for at-risk children in section 279.51 . 27 7. If a uniform reduction ordered by the governor 28 under section 8.31 or other operation of law, 29 transfer, or federal funding reduction reduces the 30 appropriation made in this section for the fiscal year, 31 the percentage reduction in the amount paid out to or 32 on behalf of the families participating in the state 33 child care assistance program shall be equal to or 34 less than the percentage reduction made for any other 35 purpose payable from the appropriation made in this 36 section and the federal funding relating to it. The 37 percentage reduction to the other allocations made in 38 this section shall be the same as the uniform reduction 39 ordered by the governor or the percentage change of the 40 federal funding reduction, as applicable. If there is 41 an unanticipated increase in federal funding provided 42 for state child care assistance, the entire amount 43 of the increase shall be used for state child care 44 assistance payments. If the appropriations made for 45 purposes of the state child care assistance program for 46 the fiscal year are determined to be insufficient, it 47 is the intent of the general assembly to appropriate 48 sufficient funding for the fiscal year in order to 49 avoid establishment of waiting list requirements. 50 -31- S5221.5979 (3) 84 pf/jp 31/ 80
8. Notwithstanding section 8.33 , moneys 1 appropriated in this section or advanced for purposes 2 of the programs developed by early childhood Iowa 3 areas, advanced for purposes of wraparound child care, 4 or received from the federal appropriations made for 5 the purposes of this section that remain unencumbered 6 or unobligated at the close of the fiscal year shall 7 not revert to any fund but shall remain available for 8 expenditure for the purposes designated until the close 9 of the succeeding fiscal year. 10 Sec. 21. 2011 Iowa Acts, chapter 129, section 127, 11 is amended to read as follows: 12 SEC. 127. JUVENILE INSTITUTIONS. There is 13 appropriated from the general fund of the state to 14 the department of human services for the fiscal year 15 beginning July 1, 2012, and ending June 30, 2013, the 16 following amounts, or so much thereof as is necessary, 17 to be used for the purposes designated: 18 1. For operation of the Iowa juvenile home at 19 Toledo and for salaries, support, maintenance, and 20 miscellaneous purposes, and for not more than the 21 following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,129,125 23 8,328,264 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00 25 2. For operation of the state training school at 26 Eldora and for salaries, support, maintenance, and 27 miscellaneous purposes, and for not more than the 28 following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,319,338 30 10,740,988 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 164.30 32 Of the funds appropriated in this subsection, 33 $45,575 $91,150 shall be used for distribution 34 to licensed classroom teachers at this and other 35 institutions under the control of the department of 36 human services based upon the average student yearly 37 enrollment at each institution as determined by the 38 department. 39 3. A portion of the moneys appropriated in this 40 section shall be used by the state training school and 41 by the Iowa juvenile home for grants for adolescent 42 pregnancy prevention activities at the institutions in 43 the fiscal year beginning July 1, 2012. 44 Sec. 22. 2011 Iowa Acts, chapter 129, section 128, 45 is amended to read as follows: 46 SEC. 128. CHILD AND FAMILY SERVICES. 47 1. There is appropriated from the general fund of 48 the state to the department of human services for the 49 fiscal year beginning July 1, 2012, and ending June 30, 50 -32- S5221.5979 (3) 84 pf/jp 32/ 80
2013, the following amount, or so much thereof as is 1 necessary, to be used for the purpose designated: 2 For child and family services: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,415,081 4 83,669,130 5 2. In order to address a reduction of $5,200,000 6 from the amount allocated under the appropriation made 7 for the purposes of this section in prior years for 8 purposes of juvenile delinquent graduated sanction 9 services, up to $2,600,000 $5,200,000 of the amount of 10 federal temporary assistance for needy families block 11 grant funding appropriated in this division of this Act 12 for child and family services shall be made available 13 for purposes of juvenile delinquent graduated sanction 14 services. 15 3. The department may transfer funds appropriated 16 in this section as necessary to pay the nonfederal 17 costs of services reimbursed under the medical 18 assistance program, state child care assistance 19 program, or the family investment program which are 20 provided to children who would otherwise receive 21 services paid under the appropriation in this section. 22 The department may transfer funds appropriated in this 23 section to the appropriations made in this division 24 of this Act for general administration and for field 25 operations for resources necessary to implement and 26 operate the services funded in this section. The 27 department may transfer funds appropriated in this 28 section to the appropriation made in this division of 29 this Act for adoption subsidy to support the adjustment 30 in reimbursement rates for specified child welfare 31 providers as provided in this 2012 Act. 32 4. a. Of the funds appropriated in this section, 33 up to $15,084,564 $31,438,622 is allocated as the 34 statewide expenditure target under section 232.143 35 for group foster care maintenance and services. If 36 the department projects that such expenditures for 37 the fiscal year will be less than the target amount 38 allocated in this lettered paragraph, the department 39 may reallocate the excess to provide additional 40 funding for shelter care or the child welfare emergency 41 services addressed with the allocation for shelter 42 care. 43 b. If at any time after September 30, 2012, 44 annualization of a service area’s current expenditures 45 indicates a service area is at risk of exceeding its 46 group foster care expenditure target under section 47 232.143 by more than 5 percent, the department and 48 juvenile court services shall examine all group 49 foster care placements in that service area in order 50 -33- S5221.5979 (3) 84 pf/jp 33/ 80
to identify those which might be appropriate for 1 termination. In addition, any aftercare services 2 believed to be needed for the children whose 3 placements may be terminated shall be identified. The 4 department and juvenile court services shall initiate 5 action to set dispositional review hearings for the 6 placements identified. In such a dispositional review 7 hearing, the juvenile court shall determine whether 8 needed aftercare services are available and whether 9 termination of the placement is in the best interest of 10 the child and the community. 11 5. In accordance with the provisions of section 12 232.188 , the department shall continue the child 13 welfare and juvenile justice funding initiative during 14 fiscal year 2012-2013. Of the funds appropriated 15 in this section, $858,876 $1,717,753 is allocated 16 specifically for expenditure for fiscal year 2012-2013 17 through the decategorization service funding pools 18 and governance boards established pursuant to section 19 232.188 . 20 6. A portion of the funds appropriated in this 21 section may be used for emergency family assistance 22 to provide other resources required for a family 23 participating in a family preservation or reunification 24 project or successor project to stay together or to be 25 reunified. 26 7. Notwithstanding section 234.35 or any other 27 provision of law to the contrary, state funding for 28 shelter care and the child welfare emergency services 29 contracting implemented to provide for or prevent the 30 need for shelter care shall be limited to $3,585,058 31 $7,385,639 . The department may continue or execute 32 contracts that result from the department’s request for 33 proposal, bid number ACFS-11-114, to provide the range 34 of child welfare emergency services described in the 35 request for proposals, and any subsequent amendments to 36 the request for proposals. 37 8. Federal funds received by the state during 38 the fiscal year beginning July 1, 2012, as the 39 result of the expenditure of state funds appropriated 40 during a previous state fiscal year for a service or 41 activity funded under this section are appropriated 42 to the department to be used as additional funding 43 for services and purposes provided for under this 44 section. Notwithstanding section 8.33 , moneys 45 received in accordance with this subsection that remain 46 unencumbered or unobligated at the close of the fiscal 47 year shall not revert to any fund but shall remain 48 available for the purposes designated until the close 49 of the succeeding fiscal year. 50 -34- S5221.5979 (3) 84 pf/jp 34/ 80
9. Of the funds appropriated in this section, at 1 least $1,848,142 shall be used for protective child 2 care assistance. 3 10. a. Of the funds appropriated in this section, 4 up to $1,031,244 $2,062,488 is allocated for the 5 payment of the expenses of court-ordered services 6 provided to juveniles who are under the supervision of 7 juvenile court services, which expenses are a charge 8 upon the state pursuant to section 232.141, subsection 9 4 . Of the amount allocated in this lettered paragraph, 10 up to $778,143 $1,556,287 shall be made available 11 to provide school-based supervision of children 12 adjudicated under chapter 232 , of which not more than 13 $7,500 $15,000 may be used for the purpose of training. 14 A portion of the cost of each school-based liaison 15 officer shall be paid by the school district or other 16 funding source as approved by the chief juvenile court 17 officer. 18 b. Of the funds appropriated in this section, up to 19 $374,492 $748,985 is allocated for the payment of the 20 expenses of court-ordered services provided to children 21 who are under the supervision of the department, 22 which expenses are a charge upon the state pursuant to 23 section 232.141, subsection 4 . 24 c. Notwithstanding section 232.141 or any other 25 provision of law to the contrary, the amounts allocated 26 in this subsection shall be distributed to the 27 judicial districts as determined by the state court 28 administrator and to the department’s service areas as 29 determined by the administrator of the department’s 30 division of child and family services. The state court 31 administrator and the division administrator shall make 32 the determination of the distribution amounts on or 33 before June 15, 2012. 34 d. Notwithstanding chapter 232 or any other 35 provision of law to the contrary, a district or 36 juvenile court shall not order any service which is 37 a charge upon the state pursuant to section 232.141 38 if there are insufficient court-ordered services 39 funds available in the district court or departmental 40 service area distribution amounts to pay for the 41 service. The chief juvenile court officer and the 42 departmental service area manager shall encourage use 43 of the funds allocated in this subsection such that 44 there are sufficient funds to pay for all court-related 45 services during the entire year. The chief juvenile 46 court officers and departmental service area managers 47 shall attempt to anticipate potential surpluses and 48 shortfalls in the distribution amounts and shall 49 cooperatively request the state court administrator 50 -35- S5221.5979 (3) 84 pf/jp 35/ 80
or division administrator to transfer funds between 1 the judicial districts’ or departmental service areas’ 2 distribution amounts as prudent. 3 e. Notwithstanding any provision of law to the 4 contrary, a district or juvenile court shall not order 5 a county to pay for any service provided to a juvenile 6 pursuant to an order entered under chapter 232 which 7 is a charge upon the state under section 232.141, 8 subsection 4 . 9 f. Of the funds allocated in this subsection, not 10 more than $41,500 $83,000 may be used by the judicial 11 branch for administration of the requirements under 12 this subsection. 13 g. Of the funds allocated in this subsection, 14 $8,500 $17,000 shall be used by the department of human 15 services to support the interstate commission for 16 juveniles in accordance with the interstate compact for 17 juveniles as provided in section 232.173 . 18 11. Of the funds appropriated in this section, 19 $2,961,301 $6,222,602 is allocated for juvenile 20 delinquent graduated sanctions services. Any state 21 funds saved as a result of efforts by juvenile court 22 services to earn federal Tit. IV-E match for juvenile 23 court services administration may be used for the 24 juvenile delinquent graduated sanctions services. 25 12. Of the funds appropriated in this section, 26 $494,142 $2,238,285 shall be transferred to the 27 department of public health to be used for the child 28 protection center grant program in accordance with 29 section 135.118 . Of the amount allocated in this 30 subsection, $250,000 shall be used for a center for the 31 Black Hawk county area. 32 13. If the department receives federal approval 33 to implement a waiver under Tit. IV-E of the federal 34 Social Security Act to enable providers to serve 35 children who remain in the children’s families and 36 communities, for purposes of eligibility under the 37 medical assistance program, children who participate in 38 the waiver shall be considered to be placed in foster 39 care. 40 14. Of the funds appropriated in this section, 41 $1,534,916 $3,092,375 is allocated for the preparation 42 for adult living program pursuant to section 234.46 . 43 15. Of the funds appropriated in this section, 44 $260,075 $520,150 shall be used for juvenile drug 45 courts. The amount allocated in this subsection shall 46 be distributed as follows: 47 To the judicial branch for salaries to assist with 48 the operation of juvenile drug court programs operated 49 in the following jurisdictions: 50 -36- S5221.5979 (3) 84 pf/jp 36/ 80
a. Marshall county: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,354 2 62,708 3 b. Woodbury county: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,841 5 125,682 6 c. Polk county: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,946 8 195,892 9 d. The third judicial district: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 11 67,934 12 e. The eighth judicial district: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 14 67,934 15 16. Of the funds appropriated in this section, 16 $113,668 $227,337 shall be used for the public purpose 17 of providing continuing a grant to a nonprofit human 18 services organization providing services to individuals 19 and families in multiple locations in southwest 20 Iowa and Nebraska for support of a project providing 21 immediate, sensitive support and forensic interviews, 22 medical exams, needs assessments, and referrals for 23 victims of child abuse and their nonoffending family 24 members. 25 17. Of the funds appropriated in this section, 26 $62,795 $200,590 is allocated for the elevate foster 27 care youth council approach of providing a support 28 network to children placed in foster care. 29 18. Of the funds appropriated in this section, 30 $101,000 $202,000 is allocated for use pursuant to 31 section 235A.1 for continuation of the initiative to 32 address child sexual abuse implemented pursuant to 2007 33 Iowa Acts, chapter 218, section 18, subsection 21. 34 19. Of the funds appropriated in this section, 35 $315,120 $630,240 is allocated for the community 36 partnership for child protection sites. 37 20. Of the funds appropriated in this section, 38 $185,625 $371,250 is allocated for the department’s 39 minority youth and family projects under the redesign 40 of the child welfare system. 41 21. Of the funds appropriated in this section, 42 $600,247 $1,436,595 is allocated for funding of the 43 state match for community circle of care collaboration 44 for children and youth in northeast Iowa, formerly 45 referred to as the federal substance abuse and mental 46 health services administration (SAMHSA) system of care 47 grant. 48 22. Of the funds appropriated in this section, at 49 least $73,579 $147,158 shall be used for the child 50 -37- S5221.5979 (3) 84 pf/jp 37/ 80
welfare training academy. 1 23. Of the funds appropriated in this section, 2 $12,500 $25,000 shall be used for the public purpose 3 of continuation of a grant to a child welfare services 4 provider headquartered in a county with a population 5 between 205,000 and 215,000 in the latest certified 6 federal census that provides multiple services 7 including but not limited to a psychiatric medical 8 institution for children, shelter, residential 9 treatment, after school programs, school-based 10 programming, and an Asperger’s syndrome program, to 11 be used for support services for children with autism 12 spectrum disorder and their families. 13 23A. Of the funds appropriated in this section, 14 $25,000 shall be used for the public purpose of 15 providing a grant to a hospital-based provider 16 headquartered in a county with a population between 17 90,000 and 95,000 in the latest certified federal 18 census that provides multiple services including but 19 not limited to diagnostic, therapeutic, and behavioral 20 services to individuals with autism spectrum disorder 21 across the lifespan. The grant recipient shall utilize 22 the funds to implement a pilot project to determine the 23 necessary support services for children with autism 24 spectrum disorder and their families to be included in 25 the children’s disabilities services system. The grant 26 recipient shall submit findings and recommendations 27 based upon the results of the pilot project to the 28 individuals specified in this division of this Act for 29 submission of reports by December 31, 2012. 30 24. Of the funds appropriated in this section 31 $125,000 $327,947 shall be used for continuation of the 32 central Iowa system of care program grant through June 33 30, 2013. 34 25. Of the funds appropriated in this section, 35 $80,000 $160,000 shall be used for the public 36 purpose of the continuation of a system of care 37 grant implemented in Cerro Gordo and Linn counties in 38 accordance with this Act in FY 2011-2012. 39 Sec. 23. 2011 Iowa Acts, chapter 129, section 129, 40 is amended to read as follows: 41 SEC. 129. ADOPTION SUBSIDY. 42 1. There is appropriated from the general fund of 43 the state to the department of human services for the 44 fiscal year beginning July 1, 2012, and ending June 30, 45 2013, the following amount, or so much thereof as is 46 necessary, to be used for the purpose designated: 47 For adoption subsidy payments and services: 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,633,295 49 33,238,897 50 -38- S5221.5979 (3) 84 pf/jp 38/ 80
2. The department may transfer funds appropriated 1 in this section to the appropriation made in this 2 division of this Act for general administration 3 for costs paid from the appropriation relating to 4 adoption subsidy. The department may transfer funds 5 appropriated in this section to the appropriation 6 made in this division of this Act for child and family 7 services to support the adjustment in reimbursement 8 rates for specified child welfare providers as provided 9 in this 2012 Act. 10 3. Federal funds received by the state during the 11 fiscal year beginning July 1, 2012, as the result of 12 the expenditure of state funds during a previous state 13 fiscal year for a service or activity funded under 14 this section are appropriated to the department to 15 be used as additional funding for the services and 16 activities funded under this section. Notwithstanding 17 section 8.33 , moneys received in accordance with this 18 subsection that remain unencumbered or unobligated at 19 the close of the fiscal year shall not revert to any 20 fund but shall remain available for expenditure for the 21 purposes designated until the close of the succeeding 22 fiscal year. 23 Sec. 24. 2011 Iowa Acts, chapter 129, section 131, 24 is amended to read as follows: 25 SEC. 131. FAMILY SUPPORT SUBSIDY PROGRAM. 26 1. There is appropriated from the general fund of 27 the state to the department of human services for the 28 fiscal year beginning July 1, 2012, and ending June 30, 29 2013, the following amount, or so much thereof as is 30 necessary, to be used for the purpose designated: 31 For the family support subsidy program subject 32 to the enrollment restrictions in section 225C.37, 33 subsection 3 : 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 583,999 35 1,096,784 36 2. The department shall use at least $192,750 37 $385,500 of the moneys appropriated in this section 38 for the family support center component of the 39 comprehensive family support program under section 40 225C.47 . Not more than $12,500 $25,000 of the 41 amount allocated in this subsection shall be used for 42 administrative costs. 43 3. If at any time during the fiscal year, the 44 amount of funding available for the family support 45 subsidy program is reduced from the amount initially 46 used to establish the figure for the number of family 47 members for whom a subsidy is to be provided at any one 48 time during the fiscal year, notwithstanding section 49 225C.38, subsection 2 , the department shall revise the 50 -39- S5221.5979 (3) 84 pf/jp 39/ 80
figure as necessary to conform to the amount of funding 1 available. 2 Sec. 25. 2011 Iowa Acts, chapter 129, section 132, 3 is amended to read as follows: 4 SEC. 132. CONNER DECREE. There is appropriated 5 from the general fund of the state to the department of 6 human services for the fiscal year beginning July 1, 7 2012, and ending June 30, 2013, the following amount, 8 or so much thereof as is necessary, to be used for the 9 purpose designated: 10 For building community capacity through the 11 coordination and provision of training opportunities 12 in accordance with the consent decree of Conner v. 13 Branstad, No. 4-86-CV-30871(S.D. Iowa, July 14, 1994): 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,811 15 33,622 16 Sec. 26. 2011 Iowa Acts, chapter 129, section 133, 17 is amended to read as follows: 18 SEC. 133. MENTAL HEALTH INSTITUTES. There is 19 appropriated from the general fund of the state to 20 the department of human services for the fiscal year 21 beginning July 1, 2012, and ending June 30, 2013, the 22 following amounts, or so much thereof as is necessary, 23 to be used for the purposes designated: 24 1. For the state mental health institute at 25 Cherokee for salaries, support, maintenance, and 26 miscellaneous purposes, and for not more than the 27 following full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,938,654 29 5,641,037 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 168.50 31 2. For the state mental health institute at 32 Clarinda for salaries, support, maintenance, and 33 miscellaneous purposes, and for not more than the 34 following full-time equivalent positions: 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,205,867 36 6,463,337 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 38 3. For the state mental health institute at 39 Independence for salaries, support, maintenance, and 40 miscellaneous purposes, and for not more than the 41 following full-time equivalent positions: 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,137,842 43 9,804,212 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 45 4. For the state mental health institute at Mount 46 Pleasant for salaries, support, maintenance, and 47 miscellaneous purposes, and for not more than the 48 following full-time equivalent positions: 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 472,161 50 -40- S5221.5979 (3) 84 pf/jp 40/ 80
944,323 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 97.72 2 Sec. 27. 2011 Iowa Acts, chapter 129, section 134, 3 is amended to read as follows: 4 SEC. 134. STATE RESOURCE CENTERS. 5 1. There is appropriated from the general fund of 6 the state to the department of human services for the 7 fiscal year beginning July 1, 2012, and ending June 30, 8 2013, the following amounts, or so much thereof as is 9 necessary, to be used for the purposes designated: 10 a. For the state resource center at Glenwood for 11 salaries, support, maintenance, and miscellaneous 12 purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,253,900 14 19,092,576 15 b. For the state resource center at Woodward for 16 salaries, support, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,392,829 19 13,176,093 20 2. The department may continue to bill for state 21 resource center services utilizing a scope of services 22 approach used for private providers of ICFMR services, 23 in a manner which does not shift costs between the 24 medical assistance program, counties, or other sources 25 of funding for the state resource centers. 26 3. The state resource centers may expand the 27 time-limited assessment and respite services during the 28 fiscal year. 29 4. If the department’s administration and the 30 department of management concur with a finding by a 31 state resource center’s superintendent that projected 32 revenues can reasonably be expected to pay the salary 33 and support costs for a new employee position, or 34 that such costs for adding a particular number of new 35 positions for the fiscal year would be less than the 36 overtime costs if new positions would not be added, the 37 superintendent may add the new position or positions. 38 If the vacant positions available to a resource center 39 do not include the position classification desired to 40 be filled, the state resource center’s superintendent 41 may reclassify any vacant position as necessary to 42 fill the desired position. The superintendents of the 43 state resource centers may, by mutual agreement, pool 44 vacant positions and position classifications during 45 the course of the fiscal year in order to assist one 46 another in filling necessary positions. 47 5. If existing capacity limitations are reached 48 in operating units, a waiting list is in effect 49 for a service or a special need for which a payment 50 -41- S5221.5979 (3) 84 pf/jp 41/ 80
source or other funding is available for the service 1 or to address the special need, and facilities for 2 the service or to address the special need can be 3 provided within the available payment source or other 4 funding, the superintendent of a state resource center 5 may authorize opening not more than two units or 6 other facilities and begin implementing the service 7 or addressing the special need during fiscal year 8 2012-2013. 9 Sec. 28. 2011 Iowa Acts, chapter 129, section 135, 10 is amended to read as follows: 11 SEC. 135. MI/MR/DD STATE CASES. 12 1. There is appropriated from the general fund of 13 the state to the department of human services for the 14 fiscal year beginning July 1, 2012, and ending June 30, 15 2013, the following amount, or so much thereof as is 16 necessary, to be used for the purpose designated: 17 For distribution to counties for state case services 18 for persons with mental illness, mental retardation, 19 and developmental disabilities in accordance with 20 section 331.440 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,084,741 22 12,169,482 23 2. For the fiscal year beginning July 1, 2012, and 24 ending June 30, 2013, $100,000 $200,000 is allocated 25 for state case services from the amounts appropriated 26 from the fund created in section 8.41 to the department 27 of human services from the funds received from the 28 federal government under 42 U.S.C. ch. 6A, subch. XVII, 29 relating to the community mental health center block 30 grant, for the federal fiscal years beginning October 31 1, 2010, and ending September 30, 2011, beginning 32 October 1, 2011, and ending September 30, 2012, and 33 beginning October 1, 2012, and ending September 30, 34 2013. The allocation made in this subsection shall be 35 made prior to any other distribution allocation of the 36 appropriated federal funds. 37 3. Notwithstanding section 8.33 , moneys 38 appropriated in this section that remain unencumbered 39 or unobligated at the close of the fiscal year shall 40 not revert but shall remain available for expenditure 41 for the purposes designated until the close of the 42 succeeding fiscal year. 43 Sec. 29. 2011 Iowa Acts, chapter 129, section 137, 44 is amended to read as follows: 45 SEC. 137. SEXUALLY VIOLENT PREDATORS. 46 1. There is appropriated from the general fund of 47 the state to the department of human services for the 48 fiscal year beginning July 1, 2012, and ending June 30, 49 2013, the following amount, or so much thereof as is 50 -42- S5221.5979 (3) 84 pf/jp 42/ 80
necessary, to be used for the purpose designated: 1 For costs associated with the commitment and 2 treatment of sexually violent predators in the unit 3 located at the state mental health institute at 4 Cherokee, including costs of legal services and 5 other associated costs, including salaries, support, 6 maintenance, and miscellaneous purposes, and for not 7 more than the following full-time equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,775,363 9 9,113,668 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 89.50 11 115.50 12 2. Unless specifically prohibited by law, if the 13 amount charged provides for recoupment of at least 14 the entire amount of direct and indirect costs, the 15 department of human services may contract with other 16 states to provide care and treatment of persons placed 17 by the other states at the unit for sexually violent 18 predators at Cherokee. The moneys received under such 19 a contract shall be considered to be repayment receipts 20 and used for the purposes of the appropriation made in 21 this section. 22 Sec. 30. 2011 Iowa Acts, chapter 129, section 138, 23 is amended to read as follows: 24 SEC. 138. FIELD OPERATIONS. There is appropriated 25 from the general fund of the state to the department of 26 human services for the fiscal year beginning July 1, 27 2012, and ending June 30, 2013, the following amount, 28 or so much thereof as is necessary, to be used for the 29 purposes designated: 30 For field operations, including salaries, support, 31 maintenance, and miscellaneous purposes, and for not 32 more than the following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,394,960 34 61,915,440 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,781.00 36 Priority in filling full-time equivalent positions 37 shall be given to those positions related to child 38 protection services and eligibility determination for 39 low-income families. 40 Notwithstanding section 8.33, moneys appropriated in 41 this section that remain unencumbered or unobligated 42 at the close of the fiscal year shall not revert but 43 shall remain available for expenditure for the purposes 44 designated until the close of the succeeding fiscal 45 year. 46 Sec. 31. 2011 Iowa Acts, chapter 129, section 139, 47 is amended to read as follows: 48 SEC. 139. GENERAL ADMINISTRATION. There is 49 appropriated from the general fund of the state to 50 -43- S5221.5979 (3) 84 pf/jp 43/ 80
the department of human services for the fiscal year 1 beginning July 1, 2012, and ending June 30, 2013, the 2 following amount, or so much thereof as is necessary, 3 to be used for the purpose designated: 4 For general administration, including salaries, 5 support, maintenance, and miscellaneous purposes, and 6 for not more than the following full-time equivalent 7 positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,298,372 9 15,841,874 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 285.00 295.00 11 1. Of the funds appropriated in this section, 12 $19,271 $38,543 allocated for the prevention of 13 disabilities policy council established in section 14 225B.3 . 15 2. The department shall report at least monthly 16 to the legislative services agency concerning the 17 department’s operational and program expenditures. 18 3. Of the funds appropriated in this section, 19 $66,150 $132,300 shall be used to continue the contract 20 for the provision of a program to provide technical 21 assistance, support, and consultation to providers of 22 habilitation services and home and community-based 23 services waiver services for adults with disabilities 24 under the medical assistance program. 25 4. Of the funds appropriated in this section, 26 $88,200 $500,000 shall be used to continue the contract 27 to expand the provision of nationally accredited and 28 recognized internet-based training to include mental 29 health and disability services providers. 30 5. Of the funds appropriated in this section, 31 $250,000 $500,000 shall be used for continuation of 32 child protection system improvements addressed in 2011 33 Iowa Acts, House File 562 , as enacted chapter 28 . 34 6. Notwithstanding section 8.33, moneys 35 appropriated in this section that remain unencumbered 36 or unobligated at the close of the fiscal year shall 37 not revert but shall remain available for expenditure 38 for the purposes designated until the close of the 39 succeeding fiscal year. 40 Sec. 32. 2011 Iowa Acts, chapter 129, section 140, 41 is amended to read as follows: 42 SEC. 140. VOLUNTEERS. There is appropriated from 43 the general fund of the state to the department of 44 human services for the fiscal year beginning July 1, 45 2012, and ending June 30, 2013, the following amount, 46 or so much thereof as is necessary, to be used for the 47 purpose designated: 48 For development and coordination of volunteer 49 services: 50 -44- S5221.5979 (3) 84 pf/jp 44/ 80
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,330 1 84,660 2 PROVIDER REIMBURSEMENT —— NURSING FACILITIES 3 Sec. 33. 2011 Iowa Acts, chapter 129, section 141, 4 subsection 1, paragraph a, subparagraph (1), is amended 5 to read as follows: 6 (1) For the fiscal year beginning July 1, 2012, the 7 total state funding amount for the nursing facility 8 budget shall not exceed $225,457,724 $239,726,901 . 9 Sec. 34. 2011 Iowa Acts, chapter 129, section 141, 10 subsection 1, paragraph a, is amended by adding the 11 following new subparagraph: 12 NEW SUBPARAGRAPH . (1A) For the fiscal year 13 beginning July 1, 2012, and ending June 30, 2013, 14 and within the total state funding amount identified 15 in subparagraph (1), the department shall distribute 16 not more than $2,500,000 in reimbursement to nursing 17 facilities by adjusting the statewide median of the 18 direct care component of nursing facility costs based 19 upon the most recent cost report submitted by the 20 nursing facility for the period ending on or before 21 December 31, 2011, and inflating these costs forward to 22 July 1, 2012, by using the midpoint of each cost report 23 and applying the skilled nursing facility market basket 24 index. The department shall adjust the reimbursement 25 calculated under this subparagraph as necessary to 26 maintain expenditures of the nursing facility budget 27 within the state funding amount specified in this 28 subparagraph and within the total state funding amount 29 identified in subparagraph (1) for the fiscal year. 30 PROVIDER REIMBURSEMENT —— PHARMACY, PMICS, HOME HEALTH 31 AGENCIES, HCBS WAIVER 32 Sec. 35. 2011 Iowa Acts, chapter 129, section 141, 33 subsection 1, paragraphs b, f, i, and q, are amended 34 to read as follows: 35 b. (1) For the fiscal year beginning July 1, 2012, 36 the department shall reimburse pharmacy dispensing 37 fees using a single rate of range between $4.34 per 38 prescription or the pharmacy’s usual and customary fee, 39 whichever is lower , and $11.10 per prescription . The 40 actual dispensing fee set within the range shall be 41 determined by a cost of dispensing survey performed 42 by the department and required to be completed by all 43 medical assistance program participating pharmacies. 44 However, the department shall adjust the dispensing fee 45 specified in this paragraph to distribute an additional 46 $2,981,980 in reimbursements for pharmacy dispensing 47 fees under this paragraph for the fiscal year. 48 (2) The department shall implement an average 49 acquisition cost reimbursement methodology for all 50 -45- S5221.5979 (3) 84 pf/jp 45/ 80
drugs covered under the medical assistance program. 1 The methodology shall utilize a survey of pharmacy 2 invoices from a rotation of pharmacies in determining 3 the average acquisition cost component of pharmacy 4 reimbursement. Pharmacies and providers that are 5 enrolled in the medical assistance program shall make 6 available drug acquisition cost invoice information, 7 product availability information if known, and other 8 information deemed necessary by the department to 9 assist the department in monitoring and revising the 10 reimbursement rates and for efficient operation of 11 the pharmacy benefit. The department shall provide a 12 process for pharmacies to address average acquisition 13 cost prices that are not reflective of the actual cost 14 of a drug. 15 (a) A pharmacy or provider shall produce and submit 16 the requested information in the manner and format 17 requested by the department or its designee at no cost 18 to the department or its designee. 19 (b) A pharmacy or provider shall submit information 20 to the department or its designee within the time 21 frame indicated following receipt of a request for 22 information unless the department or its designee 23 grants an extension upon written request of the 24 pharmacy or provider. 25 f. For the fiscal year beginning July 1, 2012, 26 reimbursement rates for home health agencies shall 27 remain at be increased by 2 percent over the rates in 28 effect on June 30, 2012, not to exceed a home health 29 agency’s actual allowable cost. 30 i. (1) For the fiscal year beginning July 1, 31 2012, state-owned psychiatric medical institutions 32 for children shall receive cost-based reimbursement 33 for 100 percent of the actual and allowable costs for 34 the provision of services to recipients of medical 35 assistance. 36 (2) For the nonstate-owned psychiatric medical 37 institutions for children, reimbursement rates shall be 38 based on the reimbursement methodology developed by the 39 department as required for federal compliance. 40 (3) As a condition of participation in the medical 41 assistance program, enrolled providers shall accept the 42 medical assistance reimbursement rate for any covered 43 goods or services provided to recipients of medical 44 assistance who are children under the custody of a 45 psychiatric medical institution for children. 46 q. For the fiscal year beginning July 1, 2012, the 47 department shall adjust the rates in effect on June 30, 48 2012, reimbursement rates for providers of home and 49 community-based services waiver services to distribute 50 -46- S5221.5979 (3) 84 pf/jp 46/ 80
an additional $1,500,000 in reimbursements to such 1 providers for the fiscal year shall be increased by 2 2 percent over the rates in effect on June 30, 2012 . 3 PROVIDER REIMBURSEMENT —— SPECIFIED CHILD WELFARE 4 PROVIDERS 5 Sec. 36. 2011 Iowa Acts, chapter 129, section 141, 6 is amended by adding the following new subsection: 7 NEW SUBSECTION . 6A. For the fiscal year beginning 8 July 1, 2012, the department shall adjust the 9 foster family basic daily maintenance rate, the 10 maximum adoption subsidy rates for children, the 11 family-centered service providers rate, the family 12 foster care service providers rate, the group foster 13 care service providers rate, and the resource family 14 recruitment and retention contractor rate, as such 15 rates are identified in this section and were in effect 16 on June 30, 2012, in order to distribute an additional 17 $3,070,512 in state reimbursements equitably to such 18 providers for the fiscal year. 19 PROVIDER REIMBURSEMENT —— CHILD CARE 20 Sec. 37. 2011 Iowa Acts, chapter 129, section 141, 21 subsection 10, is amended to read as follows: 22 10. For the fiscal year beginning July 1, 2012, 23 for child care providers reimbursed under the state 24 child care assistance program, the department shall 25 set provider reimbursement rates based on the rate 26 reimbursement survey completed in December 2004. 27 Effective July 1, 2012, the child care provider 28 reimbursement rates shall remain at be increased by 4 29 percent over the rates in effect on June 30, 2012. The 30 department shall set rates in a manner so as to provide 31 incentives for a nonregistered provider to become 32 registered by applying the increase only to registered 33 and licensed providers. 34 REBASING STUDY —— MEDICAID HOME HEALTH AND HCBS WAIVER 35 SERVICE PROVIDERS 36 Sec. 38. 2011 Iowa Acts, chapter 129, section 141, 37 is amended by adding the following new subsection: 38 NEW SUBSECTION . 10A. The department shall review 39 reimbursement of home health agency and home and 40 community-based services waiver services providers 41 and shall submit a recommendation for a rebasing 42 methodology applicable to such providers for the fiscal 43 year beginning July 1, 2013, and thereafter, to the 44 individuals identified in this division of this Act for 45 receipt of reports. 46 ELDERLY WAIVER 47 Sec. 39. 2011 Iowa Acts, chapter 129, section 141, 48 is amended by adding the following new subsection: 49 NEW SUBSECTION . 10B. The department shall 50 -47- S5221.5979 (3) 84 pf/jp 47/ 80
increase the monthly reimbursement cap for the medical 1 assistance home and community-based services waiver for 2 the elderly to $1,400 per month. 3 DIVISION V 4 HEALTH CARE ACCOUNTS AND FUNDS 5 PHARMACEUTICAL SETTLEMENT ACCOUNT 6 Sec. 40. 2011 Iowa Acts, chapter 129, section 145, 7 is amended to read as follows: 8 SEC. 145. PHARMACEUTICAL SETTLEMENT ACCOUNT. There 9 is appropriated from the pharmaceutical settlement 10 account created in section 249A.33 to the department of 11 human services for the fiscal year beginning July 1, 12 2012, and ending June 30, 2013, the following amount, 13 or so much thereof as is necessary, to be used for the 14 purpose designated: 15 Notwithstanding any provision of law to the 16 contrary, to supplement the appropriations made in this 17 Act for medical contracts under the medical assistance 18 program for the fiscal year beginning July 1, 2012, and 19 ending June 30, 2013 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,716,807 21 IOWACARE ACCOUNT APPROPRIATIONS —— UNIVERSITY OF IOWA 22 HOSPITALS AND CLINICS 23 Sec. 41. 2011 Iowa Acts, chapter 129, section 146, 24 subsection 1, paragraph a, subparagraph (1), is amended 25 to read as follows: 26 (1) Funds appropriated in this subsection shall 27 not be used for abortions shall be used in a manner 28 consistent with options under federal Medicaid law 29 and regulation . For the purposes of this subsection, 30 “abortion” does not include any of the following: 31 (a) The treatment of a woman for a physical 32 disorder, physical injury, or physical illness, 33 including a life-endangering physical condition caused 34 by or arising from the pregnancy itself, that would, 35 as certified by a physician, place the woman in danger 36 of death. 37 (b) The treatment of a woman for a spontaneous 38 abortion, commonly known as a miscarriage, when not all 39 of the products of conception are expelled. 40 Sec. 42. 2011 Iowa Acts, chapter 129, section 146, 41 subsection 2, unnumbered paragraph 2, is amended to 42 read as follows: 43 For salaries, support, maintenance, equipment, and 44 miscellaneous purposes, for the provision of medical 45 and surgical treatment of indigent patients, for 46 provision of services to members of the expansion 47 population pursuant to chapter 249J , and for medical 48 education: 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,226,279 50 -48- S5221.5979 (3) 84 pf/jp 48/ 80
45,654,133 1 IOWACARE ACCOUNT —— PUBLICLY OWNED ACUTE CARE TEACHING 2 HOSPITAL 3 Sec. 43. 2011 Iowa Acts, chapter 129, section 146, 4 subsection 4, unnumbered paragraph 2, is amended to 5 read as follows: 6 For distribution to a publicly owned acute care 7 teaching hospital located in a county with a population 8 over 350,000 for the provision of medical and surgical 9 treatment of indigent patients, for provision of 10 services to members of the expansion population 11 pursuant to chapter 249J , and for medical education: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000,000 13 70,000,000 14 IOWACARE ACCOUNT —— PUBLICLY OWNED ACUTE CARE HOSPITAL 15 ALLOCATIONS 16 Sec. 44. 2011 Iowa Acts, chapter 129, section 146, 17 subsection 4, paragraphs a and b, are amended to read 18 as follows: 19 a. Notwithstanding any provision of law to the 20 contrary, the amount appropriated in this subsection 21 shall be distributed based on claims submitted, 22 adjudicated, and paid by the Iowa Medicaid enterprise 23 plus a monthly disproportionate share hospital payment. 24 Any amount appropriated in this subsection in excess 25 of $60,000,000 $65,000,000 shall be distributed 26 only if the sum of the expansion population claims 27 adjudicated and paid by the Iowa Medicaid enterprise 28 plus the estimated disproportionate share hospital 29 payments exceeds $60,000,000 $65,000,000 . The amount 30 paid in excess of $60,000,000 $65,000,000 shall 31 not adjust the original monthly payment amount but 32 shall be distributed monthly based on actual claims 33 adjudicated and paid by the Iowa Medicaid enterprise 34 plus the estimated disproportionate share hospital 35 amount. Any amount appropriated in this subsection in 36 excess of $60,000,000 $65,000,000 shall be allocated 37 only if federal funds are available to match the 38 amount allocated. Pursuant to paragraph “b”, of the 39 amount appropriated in this subsection, not more than 40 $4,000,000 shall be distributed for prescription drugs , 41 and podiatry services , and optometric services . 42 b. Notwithstanding any provision of law to the 43 contrary, the hospital identified in this subsection, 44 shall be reimbursed for outpatient prescription drugs , 45 and podiatry services , and optometric services provided 46 to members of the expansion population pursuant to all 47 applicable medical assistance program rules, in an 48 amount not to exceed $4,000,000. 49 IOWACARE ACCOUNT —— REGIONAL PROVIDER NETWORK 50 -49- S5221.5979 (3) 84 pf/jp 49/ 80
Sec. 45. 2011 Iowa Acts, chapter 129, section 146, 1 subsection 5, unnumbered paragraph 2, is amended to 2 read as follows: 3 For payment to the regional provider network 4 specified by the department pursuant to section 249J.7 5 for provision of covered services to members of the 6 expansion population pursuant to chapter 249J : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,472,176 8 4,986,366 9 ACCOUNT FOR HEALTH CARE TRANSFORMATION 10 Sec. 46. 2011 Iowa Acts, chapter 129, section 148, 11 is amended to read as follows: 12 SEC. 148. APPROPRIATIONS FROM ACCOUNT FOR 13 HEALTH CARE TRANSFORMATION —— DEPARTMENT OF HUMAN 14 SERVICES. Notwithstanding any provision to the 15 contrary, there is appropriated from the account for 16 health care transformation created in section 249J.23 17 to the department of human services for the fiscal year 18 beginning July 1, 2012, and ending June 30, 2013, the 19 following amounts, or so much thereof as is necessary, 20 to be used for the purposes designated: 21 1. For the provision of an IowaCare nurse helpline 22 for the expansion population as provided in section 23 249J.6 : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 25 100,000 26 2. For other health promotion partnership 27 activities pursuant to section 249J.14 : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 29 600,000 30 3. For the costs related to audits, performance 31 evaluations, and studies required pursuant to chapter 32 249J : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 34 125,000 35 4. For administrative costs associated with chapter 36 249J : 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 566,206 38 1,132,412 39 5. For planning and development, in cooperation 40 with the department of public health, of a phased-in 41 program to provide a dental home for children in 42 accordance with section 249J.14 : 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 44 1,000,000 45 6. For continuation of the establishment of the 46 tuition assistance for individuals serving individuals 47 with disabilities pilot program, as enacted in 2008 48 Iowa Acts, chapter 1187, section 130: 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 50 -50- S5221.5979 (3) 84 pf/jp 50/ 80
50,000 1 7. For medical contracts: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 3 2,400,000 4 8. For payment to the publicly owned acute care 5 teaching hospital located in a county with a population 6 of over 350,000 that is a participating provider 7 pursuant to chapter 249J : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,000 9 540,000 10 Disbursements under this subsection shall be made 11 monthly. The hospital shall submit a report following 12 the close of the fiscal year regarding use of the 13 funds appropriated in this subsection to the persons 14 specified in this Act to receive reports. 15 9. For transfer to the department of public health 16 to be used for the costs of medical home system 17 advisory council established pursuant to section 18 135.159 : 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,679 20 233,357 21 10. For continued implementation of a uniform cost 22 report: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 24 150,000 25 11. For continued implementation of an electronic 26 medical records system: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 28 100,000 29 Notwithstanding section 8.33 , funds allocated in 30 this subsection that remain unencumbered or unobligated 31 at the close of the fiscal year shall not revert but 32 shall remain available in succeeding fiscal years to be 33 used for the purposes designated. 34 12. For transfer to the department of public health 35 to support the department’s activities relating to 36 health and long-term care access as specified pursuant 37 to chapter 135, division XXIV : 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,107 39 134,214 40 13. For continuation of an accountable care 41 organization pilot project: 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 43 100,000 44 14. For the continued development of a provider 45 payment system plan to provide recommendations to 46 reform the health care provider payment system as an 47 effective way to promote coordination of care, lower 48 costs, and improve quality: 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 50 -51- S5221.5979 (3) 84 pf/jp 51/ 80
15. For transfer to the department of public health 1 to be used as state matching funds for the health 2 information technology system network developed by the 3 department of public health: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 181,993 5 363,987 6 16. To supplement the appropriation for medical 7 assistance: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,956,245 4,106,245 9 Notwithstanding section 8.39, subsection 1 , without 10 the prior written consent and approval of the governor 11 and the director of the department of management, the 12 director of human services may transfer funds among 13 the appropriations made in this section as necessary 14 to carry out the purposes of the account for health 15 care transformation. The department shall report 16 any transfers made pursuant to this section to the 17 legislative services agency. 18 MEDICAID FRAUD FUND 19 Sec. 47. 2011 Iowa Acts, chapter 129, section 150, 20 is amended to read as follows: 21 SEC. 150. MEDICAID FRAUD ACCOUNT FUND —— DEPARTMENT 22 OF HUMAN SERVICES. There is appropriated from the 23 Medicaid fraud account fund created in section 249A.7 24 to the department of human services for the fiscal year 25 beginning July 1, 2012, and ending June 30, 2013, the 26 following amount, or so much thereof as is necessary, 27 to be used for the purposes designated: 28 To supplement the appropriation made in this Act 29 from the general fund of the state to the department of 30 human services for medical assistance for the fiscal 31 year beginning July 1, 2012, and ending June 30, 2013 : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 33 QUALITY ASSURANCE TRUST FUND 34 Sec. 48. 2011 Iowa Acts, chapter 129, section 151, 35 is amended to read as follows: 36 SEC. 151. QUALITY ASSURANCE TRUST FUND —— 37 DEPARTMENT OF HUMAN SERVICES. Notwithstanding 38 any provision to the contrary and subject to the 39 availability of funds, there is appropriated from the 40 quality assurance trust fund created in section 249L.4 41 to the department of human services for the fiscal year 42 beginning July 1, 2012, and ending June 30, 2013, the 43 following amounts, or so much thereof as is necessary 44 for the purposes designated: 45 To supplement the appropriation made in this Act 46 from the general fund of the state to the department of 47 human services for medical assistance: 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,000,000 49 26,500,000 50 -52- S5221.5979 (3) 84 pf/jp 52/ 80
HOSPITAL HEALTH CARE ACCESS TRUST FUND 1 Sec. 49. 2011 Iowa Acts, chapter 129, section 152, 2 is amended to read as follows: 3 SEC. 152. HOSPITAL HEALTH CARE ACCESS TRUST FUND 4 —— DEPARTMENT OF HUMAN SERVICES. Notwithstanding 5 any provision to the contrary and subject to the 6 availability of funds, there is appropriated from 7 the hospital health care access trust fund created in 8 section 249M.4 to the department of human services for 9 the fiscal year beginning July 1, 2012, and ending June 10 30, 2013, the following amounts, or so much thereof as 11 is necessary, for the purposes designated: 12 1. To supplement the appropriation made in this Act 13 from the general fund of the state to the department of 14 human services for medical assistance: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,223,800 16 33,898,400 17 2. For deposit in the nonparticipating provider 18 reimbursement fund created in section 249J.24A to be 19 used for the purposes of the fund: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 776,200 21 801,600 22 MISCELLANEOUS PROVISIONS 23 Sec. 50. REPEAL. 2011 Iowa Acts, chapter 129, 24 section 149, is repealed. 25 DIVISION VI 26 CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD ENROLLMENT 27 CONTINGENCY FUND 28 Sec. 51. CHILDREN’S HEALTH INSURANCE PROGRAM —— 29 CHILD ENROLLMENT CONTINGENCY FUND —— DIRECTIVES FOR USE 30 OF FUNDS —— FY 2011-2012. 31 1. Moneys received from the federal government 32 through the child enrollment contingency fund 33 established pursuant to section 103 of the federal 34 Children’s Health Insurance Program Reauthorization 35 Act of 2009, Pub. L. No. 111-3, are appropriated to 36 the department of human services for the fiscal year 37 beginning July 1, 2011, and ending June 30, 2012, to be 38 used in addition to any other amounts appropriated for 39 the same purposes for the fiscal year as follows: 40 a. For adoption subsidy payments and services: 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,177,355 42 b. For child care programs: 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,212,432 44 c. For transfer to the department of public health 45 to be used for tobacco use prevention, cessation, and 46 treatment through support of Quitline Iowa: 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 350,000 48 2. Notwithstanding section 8.39, and to the extent 49 that funds appropriated in this section are unexpended 50 -53- S5221.5979 (3) 84 pf/jp 53/ 80
or unobligated for the purposes specified in subsection 1 1, the department of human services may transfer funds 2 within or between any of the appropriations made in 3 this section for the following purposes: 4 a. For adoption subsidy payments and services. 5 b. For child care assistance. 6 Sec. 52. CHILDREN’S HEALTH INSURANCE PROGRAM —— 7 CHILD ENROLLMENT CONTINGENCY FUND —— DIRECTIVES FOR USE 8 OF FUNDS —— FY 2012-2013. 9 1. a. Moneys received from the federal government 10 through the child enrollment contingency fund 11 established pursuant to section 103 of the federal 12 Children’s Health Insurance Program Reauthorization 13 Act of 2009, Pub. L. No. 111-3, are appropriated to 14 the department of human services for the fiscal year 15 beginning July 1, 2012, and ending June 30, 2013, to be 16 used in addition to any other amounts appropriated for 17 the same purposes for the fiscal year as follows: 18 (1) For adoption subsidy payments and services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,290,441 20 (2) For child care programs: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,969,021 22 (3) For mental health and disability services 23 redesign technical assistance services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 25 (4) For the field operations integrity claims unit: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 961,100 27 (5) For medical assistance program reimbursement 28 and associated costs: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,950,428 30 (6) For lodging expenses associated with patient 31 care provided at the university of Iowa hospital and 32 clinics under chapter 249J: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 34 The department of human services shall establish the 35 maximum number of overnight stays and the maximum rate 36 reimbursed for overnight lodging, which may be based on 37 the state employee rate established by the department 38 of administrative services. The funds allocated under 39 this subparagraph shall not be used as nonfederal share 40 matching funds. 41 (7) For ambulance services associated with patient 42 care provided under chapter 249J: 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 44 The department of human services shall establish 45 requirements for use of funds in this subparagraph for 46 ambulance services when no other third-party payment is 47 available. The funds allocated in this subparagraph 48 shall not be used as nonfederal share matching funds. 49 (8) For the public purpose of distribution to 50 -54- S5221.5979 (3) 84 pf/jp 54/ 80
a statewide nonprofit organization consisting of 1 low-income housing and homelessness service providers, 2 advocates, local governments, lending institutions, 3 and low-income and homeless individuals to be used to 4 empower low-income individuals and to increase their 5 access to affordable housing: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 7 b. Notwithstanding section 8.39, and to the 8 extent that funds appropriated in this subsection are 9 unexpended or unobligated for the purposes specified 10 in paragraph “a”, subparagraphs (1) and (2), for the 11 fiscal year beginning July 1, 2012, the department of 12 human services may transfer funds within or between any 13 of the appropriations made in this subsection for the 14 following purposes: 15 (1) For adoption subsidy payments and services. 16 (2) For child care assistance. 17 2. Moneys received from the federal government 18 through the child enrollment contingency fund 19 established pursuant to section 103 of the federal 20 Children’s Health Insurance Program Reauthorization 21 Act of 2009, Pub. L. No. 111-3, are appropriated to 22 the department of human services for the fiscal year 23 beginning July 1, 2012, and ending June 30, 2013, to be 24 used for audit settlements: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,405,936 26 Notwithstanding section 8.33, moneys appropriated in 27 this subsection that remain unencumbered or unobligated 28 at the close of the fiscal year shall not revert to any 29 other fund but shall remain available for expenditure 30 for the purposes designated until the close of the 31 succeeding fiscal year. 32 Sec. 53. EFFECTIVE DATE PROVISIONS. The section of 33 this division of this Act appropriating moneys received 34 through the federal Child Enrollment Contingency Fund 35 for the fiscal year beginning July 1, 2011, and ending 36 June 30, 2012, being deemed of immediate importance, 37 take effect upon enactment. 38 Sec. 54. RETROACTIVE APPLICABILITY. The section of 39 this division of this Act appropriating moneys received 40 through the federal Child Enrollment Contingency Fund 41 for the fiscal year beginning July 1, 2011, and ending 42 June 30, 2012, applies retroactively to July 1, 2011. 43 DIVISION VII 44 MENTAL HEALTH AND DISABILITY SERVICES MEDICAL 45 ASSISTANCE PROGRAM ADDITIONAL FUNDING 46 Sec. 55. RISK POOL APPROPRIATION FOR MEDICAL 47 ASSISTANCE PROGRAM. All moneys remaining in the risk 48 pool of the property tax relief fund on June 30, 49 2012, following the distributions made pursuant to 50 -55- S5221.5979 (3) 84 pf/jp 55/ 80
2012 Iowa Acts, Senate File 2071, are appropriated to 1 the department of human services for the fiscal year 2 beginning July 1, 2012, and ending June 30, 2013, to be 3 used for the purpose designated: 4 To be credited to the appropriation made for the 5 medical assistance program in 2011 Iowa Acts, chapter 6 129, section 122. 7 Sec. 56. MENTAL HEALTH AND DISABILITY SERVICES 8 REDESIGN. There is appropriated from the general fund 9 of the state to the department of human services for 10 the fiscal year beginning July 1, 2012, and ending June 11 30, 2013, the following amount, or so much thereof as 12 is necessary, to be used for the purposes designated: 13 For the medical assistance program appropriation 14 for the fiscal year for the expense of replacing 15 the enhanced match rate provided through the federal 16 American Recovery and Reinvestment Act of 2009 and 17 for the reduction in the federal medical assistance 18 percentage associated with the mental health and 19 disabilities services for which the match has been paid 20 by counties: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,893,762 22 DIVISION VIII 23 PRIOR APPROPRIATIONS AND RELATED CHANGES 24 INJURED VETERANS GRANT PROGRAM 25 Sec. 57. 2008 Iowa Acts, chapter 1187, section 69, 26 unnumbered paragraph 1, as amended by 2009 Iowa Acts, 27 chapter 182, section 83, 2010 Iowa Acts, chapter 1192, 28 section 56, and 2011 Iowa Acts, chapter 129, section 29 53, is amended to read as follows: 30 Notwithstanding section 8.33 , moneys appropriated in 31 this subsection that remain unencumbered or unobligated 32 at the close of the fiscal year shall not revert but 33 shall remain available for expenditure for the purposes 34 designated until the close of the fiscal year beginning 35 July 1, 2011 2012 . 36 CHILD WELFARE DECATEGORIZATION 37 FY 2009-2010 NONREVERSION 38 Sec. 58. 2009 Iowa Acts, chapter 182, section 14, 39 subsection 5, unnumbered paragraph 2, as enacted by 40 2011 Iowa Acts, chapter 129, section 55, is amended to 41 read as follows: 42 Notwithstanding section 232.188, subsection 5 , 43 moneys from the allocations made in this subsection or 44 made from any other source for the decategorization of 45 child welfare and juvenile justice funding initiative 46 under section 232.188 for the fiscal year beginning 47 July 1, 2009, that are designated as carryover funding 48 that remain unencumbered or unobligated at the close 49 of the fiscal year beginning July 1, 2010, shall not 50 -56- S5221.5979 (3) 84 pf/jp 56/ 80
revert but shall be transferred to in equal amounts to 1 the community housing and services for persons with 2 disabilities revolving loan program fund created in 3 section 16.185 , as enacted by this division of this 4 2011 Act and to the supportive and residential services 5 for individuals who meet the psychiatric medical 6 institution for children level of care competitive 7 grant program fund created in section 16.185A, as 8 enacted by this 2012 Act . 9 IOWA VETERANS HOME 10 Sec. 59. 2011 Iowa Acts, chapter 129, section 3, 11 subsection 2, is amended by adding the following new 12 paragraph: 13 NEW PARAGRAPH . d. The funds appropriated in this 14 subsection to the Iowa veterans home that remain 15 available for expenditure for the succeeding fiscal 16 year pursuant to section 35D.18, subsection 5, shall 17 be distributed to be used in the succeeding fiscal 18 year in accordance with this lettered paragraph. The 19 first $500,000 shall remain available to be used for 20 the purposes of the Iowa veterans home. Any remaining 21 balance shall be credited to the appropriation in this 22 Act for the fiscal year beginning July 1, 2012, for 23 medical assistance. 24 FAMILY INVESTMENT PROGRAM —— GENERAL FUND 25 Sec. 60. 2011 Iowa Acts, chapter 129, section 7, is 26 amended by adding the following new subsection: 27 NEW SUBSECTION . 5. Notwithstanding section 28 8.33, moneys appropriated in this section that remain 29 unencumbered or unobligated at the close of the fiscal 30 year shall not revert but shall remain available for 31 expenditure for the purposes designated until the close 32 of the succeeding fiscal year. 33 MEDICAL ASSISTANCE 34 Sec. 61. 2011 Iowa Acts, chapter 129, section 10, 35 subsection 20, paragraph d, is amended to read as 36 follows: 37 d. If the savings to the medical assistance 38 program exceed the cost, the department may transfer 39 any savings generated for the fiscal year due to 40 medical assistance program cost containment efforts 41 initiated pursuant to 2010 Iowa Acts, chapter 1031, 42 Executive Order No. 20, issued December 16, 2009, or 43 cost containment strategies initiated pursuant to this 44 subsection, to the appropriation appropriations made 45 in this division of this Act for medical contracts or 46 general administration to defray the increased contract 47 costs associated with implementing such efforts. 48 BEHAVIORAL HEALTH SERVICES ACCOUNT —— MEDICAL 49 ASSISTANCE 50 -57- S5221.5979 (3) 84 pf/jp 57/ 80
Sec. 62. 2011 Iowa Acts, chapter 129, section 10, 1 is amended by adding the following new subsection: 2 NEW SUBSECTION . 26. Notwithstanding 2009 Iowa 3 Acts, chapter 182, section 9, subsection 16, paragraph 4 “b”, as amended by 2010 Iowa Acts, chapter 1192, 5 section 63, as amended by 2011 Iowa Acts, chapter 6 129, section 54, funds in the account that remain 7 unencumbered or unobligated at the end of the fiscal 8 year beginning July 1, 2011, are appropriated to the 9 department of human services to be used for the medical 10 assistance program for the succeeding fiscal year. 11 STATE SUPPLEMENTARY ASSISTANCE 12 Sec. 63. 2011 Iowa Acts, chapter 129, section 11, 13 is amended by adding the following new subsection: 14 NEW SUBSECTION . 4. Notwithstanding section 15 8.33, moneys appropriated in this section that remain 16 unencumbered or unobligated at the close of the fiscal 17 year shall not revert but shall remain available for 18 expenditure for the purposes designated until the close 19 of the succeeding fiscal year. 20 FIELD OPERATIONS 21 Sec. 64. 2011 Iowa Acts, chapter 129, section 22 25, is amended by adding the following new unnumbered 23 paragraph: 24 NEW UNNUMBERED PARAGRAPH . Notwithstanding section 25 8.33, moneys appropriated in this section that remain 26 unencumbered or unobligated at the close of the fiscal 27 year shall not revert but shall remain available for 28 expenditure for the purposes designated until the close 29 of the succeeding fiscal year. 30 GENERAL ADMINISTRATION 31 Sec. 65. 2011 Iowa Acts, chapter 129, section 26, 32 is amended by adding the following new subsection: 33 NEW SUBSECTION . 6. Notwithstanding section 34 8.33, moneys appropriated in this section that remain 35 unencumbered or unobligated at the close of the fiscal 36 year shall not revert but shall remain available for 37 expenditure for the purposes designated until the close 38 of the succeeding fiscal year. 39 IOWACARE DISTRIBUTIONS 40 Sec. 66. 2011 Iowa Acts, chapter 129, section 41 35, subsection 4, paragraph a, is amended to read as 42 follows: 43 a. Notwithstanding any provision of law to the 44 contrary, the amount appropriated in this subsection 45 shall be distributed based on claims submitted, 46 adjudicated, and paid by the Iowa Medicaid enterprise 47 plus a monthly disproportionate share hospital payment. 48 Any amount appropriated in this subsection in excess 49 of $60,000,000 $56,500,000 shall be distributed 50 -58- S5221.5979 (3) 84 pf/jp 58/ 80
only if the sum of the expansion population claims 1 adjudicated and paid by the Iowa Medicaid enterprise 2 plus the estimated disproportionate share hospital 3 payments exceeds $60,000,000 $56,500,000 . The amount 4 paid in excess of $60,000,000 $56,500,000 shall 5 not adjust the original monthly payment amount but 6 shall be distributed monthly based on actual claims 7 adjudicated and paid by the Iowa Medicaid enterprise 8 plus the estimated disproportionate share hospital 9 amount. Any amount appropriated in this subsection in 10 excess of $60,000,000 $56,500,000 shall be allocated 11 only if federal funds are available to match the 12 amount allocated. Pursuant to paragraph “b”, of the 13 amount appropriated in this subsection, not more than 14 $4,000,000 shall be distributed for prescription drugs 15 and podiatry services. 16 Sec. 67. 2011 Iowa Acts, chapter 129, section 35, 17 subsection 4, paragraph d, subparagraph (2), is amended 18 to read as follows: 19 (2) Notwithstanding the amount collected and 20 distributed for deposit in the IowaCare account 21 pursuant to section 249J.24, subsection 4 , paragraph 22 “a”, subparagraph (2), the first $19,000,000 in 23 collections pursuant to section 347.7 between January 24 1, 2012, and June 30, 2012, shall be distributed to 25 the treasurer of state for deposit in the IowaCare 26 account and collections during this time period in 27 excess of $19,000,000 shall be distributed to the acute 28 care teaching hospital identified in this subsection. 29 Of the collections in excess of the $19,000,000 30 received by the acute care teaching hospital under this 31 subparagraph (2), $2,000,000 shall be distributed by 32 the acute care teaching hospital to the treasurer of 33 state for deposit in the IowaCare account in the month 34 of July 2012, following the January 1 through June 30, 35 2012, period. 36 Sec. 68. IMMEDIATE EFFECTIVE DATE. This division 37 of this Act, being deemed of immediate importance, 38 takes effect upon enactment. 39 Sec. 69. RETROACTIVE APPLICABILITY. The 40 following sections of this division of this Act apply 41 retroactively to July 1, 2011: 42 1. The section relating to the transfer of funds 43 from costs savings under the medical assistance program 44 to appropriations for medical contracts or general 45 administration for the fiscal year beginning July 1, 46 2011, and ending June 30, 2012. 47 2. The section relating to the nonreversion of 48 decategorization of child welfare and juvenile justice 49 funds. 50 -59- S5221.5979 (3) 84 pf/jp 59/ 80
3. The section relating to the distribution of 1 IowaCare program funds. 2 DIVISION IX 3 MISCELLANEOUS 4 Sec. 70. NEW SECTION . 8A.441 Medication therapy 5 management. 6 1. As used in this section, unless the context 7 otherwise requires: 8 a. “Eligible employee” means an employee of the 9 state, with the exception of an employee of the state 10 board of regents or institutions under the state board 11 of regents, for whom group health plans are established 12 pursuant to chapter 509A providing for third-party 13 payment or prepayment for health or medical expenses. 14 b. “Medication therapy management” means a 15 systematic process performed by a licensed pharmacist, 16 designed to improve quality outcomes for patients 17 and lower health care costs, including emergency 18 room, hospital, provider, and other costs, by 19 optimizing appropriate medication use linked directly 20 to achievement of the clinical goals of therapy. 21 Medication therapy management shall include all of the 22 following services: 23 (1) A medication therapy review and in-person 24 consultation relating to all medications, vitamins, and 25 herbal supplements currently being taken by an eligible 26 individual. 27 (2) A medication action plan, subject to the 28 limitations specified in this section, communicated 29 to the individual and the individual’s primary care 30 physician or other appropriate prescriber to address 31 issues including appropriateness, effectiveness, 32 safety, drug interactions, and adherence. The 33 medication action plan may include drug therapy 34 recommendations to prescribers that are needed to meet 35 clinical goals and achieve optimal patient outcomes. 36 (3) Documentation and follow-up to ensure 37 consistent levels of pharmacy services and positive 38 outcomes. 39 2. a. The department shall utilize a request for 40 proposals process and shall enter into a contract for 41 the provision of medication therapy management services 42 for eligible employees who meet any of the following 43 criteria: 44 (1) An individual who takes four or more 45 prescription drugs to treat or prevent two or more 46 chronic medical conditions. 47 (2) An individual with a prescription drug therapy 48 problem who is identified by the prescribing physician 49 or other appropriate prescriber, and referred to a 50 -60- S5221.5979 (3) 84 pf/jp 60/ 80
pharmacist for medication therapy management services. 1 (3) An individual who meets other criteria 2 established by the third-party payment provider 3 contract, policy, or plan. 4 b. The contract shall require the entity to provide 5 annual reports to the general assembly detailing 6 the costs, savings, estimated cost avoidance and 7 return on investment, and improved patient outcomes 8 related to the medication therapy management services 9 provided. The entity shall guarantee demonstrated 10 annual savings for overall health care costs, including 11 emergency room, hospital, provider, and other costs, 12 with savings including associated cost avoidance, at 13 least equal to the program’s costs with any shortfall 14 amount refunded to the state. The contract shall 15 include terms, conditions, and applicable measurement 16 standards associated with the demonstration of savings. 17 The department shall verify the demonstrated savings 18 reported by the entity were achieved in accordance with 19 the agreed upon measurement standards. The entity 20 shall be prohibited from using the entity’s employees 21 to provide the medication therapy management services 22 and shall instead be required to contract with licensed 23 pharmacies, pharmacists, or physicians. 24 c. The department may establish an advisory 25 committee comprised of an equal number of physicians 26 and pharmacists to provide advice and oversight in 27 evaluating the results of the program. The department 28 shall appoint the members of the advisory committee 29 based upon designees of the Iowa pharmacy association, 30 the Iowa medical society, and the Iowa osteopathic 31 medical association. 32 d. The fees for pharmacist-delivered medication 33 therapy management services shall be separate from 34 the reimbursement for prescription drug product or 35 dispensing services; shall be determined by each 36 third-party payment provider contract, policy, or plan; 37 and must be reasonable based on the resources and time 38 required to provide the service. 39 e. A fee shall be established for physician 40 reimbursement for services delivered for medication 41 therapy management as determined by each third-party 42 payment provider contract, policy, or plan, and must be 43 reasonable based on the resources and time required to 44 provide the service. 45 f. If any part of the medication therapy management 46 plan developed by a pharmacist incorporates services 47 which are outside the pharmacist’s independent scope 48 of practice including the initiation of therapy, 49 modification of dosages, therapeutic interchange, or 50 -61- S5221.5979 (3) 84 pf/jp 61/ 80
changes in drug therapy, the express authorization 1 of the individual’s physician or other appropriate 2 prescriber is required. 3 Sec. 71. NEW SECTION . 16.185A Supportive and 4 residential services for individuals who meet the 5 psychiatric medical institution for children level of 6 care —— competitive grant program fund. 7 1. A supportive and residential services 8 competitive grant program fund is created within the 9 authority to further the availability of supportive 10 and residential services for individuals who meet the 11 psychiatric medical institution for children level of 12 care under the medical assistance program. The moneys 13 in the fund are appropriated to the authority to be 14 used for the development and operation of a competitive 15 grant program to provide financing to construct 16 supportive housing or develop the infrastructure in 17 which to provide supportive services, including through 18 new construction, acquisition and rehabilitation of 19 existing housing or infrastructure, or conversion or 20 adaptive reuse. 21 2. Moneys transferred by the authority for 22 deposit in the competitive grant program fund, moneys 23 appropriated to the competitive grant program, 24 and any other moneys available to and obtained 25 or accepted by the authority for placement in the 26 fund shall be credited to the fund. Additionally, 27 payment of interest, recaptures of awards, and other 28 repayments to the fund shall be credited to the fund. 29 Notwithstanding section 12C.7, subsection 2, interest 30 or earnings on moneys in the fund shall be credited 31 to the fund. Notwithstanding section 8.33, moneys 32 credited to the fund from any other fund that remain 33 unencumbered or unobligated at the close of the fiscal 34 year shall not revert to the other fund. 35 3. The authority shall allocate moneys in the 36 fund to the extent available for the development of 37 supportive housing or the infrastructure in which to 38 provide supportive services for individuals who meet 39 the psychiatric medical institution for children level 40 of care under the medical assistance program. Moneys 41 allocated to such projects shall be in the form of 42 competitive grants. An application submitted shall 43 contain a commitment of at least a dollar-for-dollar 44 match of the grant assistance. 45 4. a. A project shall demonstrate written approval 46 of the project by the department of human services to 47 the authority prior to application for funding under 48 this section. 49 b. In order to be approved by the department of 50 -62- S5221.5979 (3) 84 pf/jp 62/ 80
human services for application for funding under this 1 section, a project shall include all of the following 2 components: 3 (1) Provision of services to individuals who meet 4 the psychiatric medical institution for children level 5 of care under the medical assistance program. 6 (2) Policies and procedures that prohibit discharge 7 of the individual from the services provided by the 8 project provider unless an alternative placement that 9 is acceptable to the client or the client’s guardian is 10 identified. 11 5. Housing provided through a project under this 12 section is exempt from the requirements of chapter 13 135O. 14 6. The authority, in collaboration with the 15 department of human services, shall adopt rules 16 pursuant to chapter 17A to administer this section. 17 Sec. 72. Section 97B.39, Code 2011, is amended to 18 read as follows: 19 97B.39 Rights not transferable or subject to legal 20 process —— exceptions. 21 The right of any person to any future payment under 22 this chapter is not transferable or assignable, at 23 law or in equity, and the moneys paid or payable or 24 rights existing under this chapter are not subject to 25 execution, levy, attachment, garnishment, or other 26 legal process, or to the operation of any bankruptcy 27 or insolvency law except for the purposes of enforcing 28 child, spousal, or medical support obligations or 29 marital property orders , or for recovery of medical 30 assistance payments pursuant to section 249A.5 . 31 For the purposes of enforcing child, spousal, or 32 medical support obligations, the garnishment or 33 attachment of or the execution against compensation 34 due a person under this chapter shall not exceed 35 the amount specified in 15 U.S.C. § 1673(b). The 36 system shall comply with the provisions of a marital 37 property order requiring the selection of a particular 38 benefit option, designated beneficiary, or contingent 39 annuitant if the selection is otherwise authorized 40 by this chapter and the member has not received 41 payment of the member’s first retirement allowance. 42 However, a marital property order shall not require 43 the payment of benefits to an alternative payee prior 44 to the member’s retirement, prior to the date the 45 member elects to receive a lump sum distribution of 46 accumulated contributions pursuant to section 97B.53 , 47 or in an amount that exceeds the benefits the member 48 would otherwise be eligible to receive pursuant to this 49 chapter . 50 -63- S5221.5979 (3) 84 pf/jp 63/ 80
Sec. 73. Section 135.11, Code Supplement 2011, is 1 amended by adding the following new subsection: 2 NEW SUBSECTION . 31. Administer a public awareness 3 program for human papillomavirus infection vaccination 4 by identifying medically accurate materials that 5 contain information regarding the risks associated with 6 the various forms of the infection in causing cervical 7 cancer, and any other diseases for which the department 8 may recommend immunization or immunization information, 9 and the availability, effectiveness, and potential 10 risks of those vaccines. The department shall make 11 the identified materials available on the department’s 12 internet site, provide education and training to 13 health professionals and the general public regarding 14 the vaccines, and notify each school district in the 15 state of the availability of the information. For the 16 purposes of this subsection, “human papillomavirus” 17 means the group of viruses identified by the centers 18 for disease control and prevention of the United States 19 department of health and human services. 20 Sec. 74. Section 135H.10, subsection 3, Code 2011, 21 is amended by striking the subsection. 22 Sec. 75. Section 144D.4, as enacted by 2012 Iowa 23 Acts, House File 2165, section 5, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 10. A POST form executed between 26 July 1, 2008, and June 30, 2012, as part of the patient 27 autonomy in health care decisions pilot project created 28 pursuant to 2008 Iowa Acts, chapter 1188, section 36, 29 as amended by 2010 Iowa Acts, chapter 1192, section 58, 30 shall remain effective until revoked or until a new 31 POST form is executed pursuant to this chapter. 32 Sec. 76. Section 225B.8, Code Supplement 2011, is 33 amended to read as follows: 34 225B.8 Repeal. 35 This chapter is repealed July 1, 2012 2017 . 36 Sec. 77. NEW SECTION . 231.45 Certified volunteer 37 long-term care resident’s advocate program. 38 1. The department shall establish a certified 39 volunteer long-term care resident’s advocate program in 40 accordance with the federal Act to provide assistance 41 to the state and local long-term care resident’s 42 advocates. 43 2. The department shall develop and implement a 44 certification process for volunteer long-term care 45 resident’s advocates including but not limited to 46 an application process, provision for background 47 checks, classroom or on-site training, orientation, and 48 continuing education. 49 3. The provisions of section 231.42 relating to 50 -64- S5221.5979 (3) 84 pf/jp 64/ 80
local long-term care resident’s advocates shall apply 1 to certified volunteer long-term care resident’s 2 advocates. 3 4. The department shall adopt rules pursuant to 4 chapter 17A to administer this section. 5 Sec. 78. Section 237.3, Code 2011, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION . 11. The department shall adopt 8 rules to administer a certified foster care respite 9 provider program to provide respite in a licensed 10 foster home. The certified respite provider program 11 shall provide care, supervision, or guidance of a 12 foster child when the child is placed with a licensed 13 foster home. The certified foster care respite 14 provider shall be responsible to have liability 15 insurance to provide for any loss or damage arising out 16 of occurrences during the provision of certified foster 17 care respite provider care. 18 Sec. 79. Section 237.13, subsection 4, Code 2011, 19 is amended by adding the following new paragraph: 20 NEW PARAGRAPH . h. Any loss or damage arising out 21 of occurrences during the provision of certified foster 22 care respite provider care pursuant to section 237.3, 23 subsection 11. 24 Sec. 80. NEW SECTION . 239B.2C Absence from home 25 —— incarceration. 26 An individual family member who is absent from the 27 home for more than three months because the individual 28 is incarcerated in jail or a correctional facility 29 shall not be included in the family unit for purposes 30 of assistance. 31 Sec. 81. NEW SECTION . 249A.17 Reimbursement for 32 providers of outpatient clinical services for children. 33 1. Providers that meet the criteria specified in 34 subsection 2, shall receive cost-based reimbursement 35 for one hundred percent of the reasonable costs, as 36 determined by Medicare reimbursement principles, for 37 provision of outpatient clinical services for children 38 who are recipients of medical assistance. 39 2. In order to be eligible for reimbursement under 40 this section, a provider shall be an accredited, 41 nonprofit agency that meets all of the following 42 criteria: 43 a. Provides clinical outpatient services to 44 children of whom at least sixty percent are recipients 45 of medical assistance. 46 b. Provides at least three children’s mental health 47 services including inpatient services, outpatient 48 services, psychiatric and psychological services, and 49 behavioral health intervention services. 50 -65- S5221.5979 (3) 84 pf/jp 65/ 80
c. Directly employs a psychiatrist, psychologist, 1 and licensed therapist. 2 Sec. 82. Section 453A.35, Code Supplement 2011, is 3 amended to read as follows: 4 453A.35 Tax and fees paid to general fund —— 5 standing appropriation to health care trust fund. 6 1. a. With the exception of revenues credited to 7 the health care trust fund pursuant to paragraph “b” , 8 the The proceeds derived from the sale of stamps and 9 the payment of taxes, fees, and penalties provided for 10 under this chapter , and the permit fees received from 11 all permits issued by the department, shall be credited 12 to the general fund of the state. 13 b. Of the revenues generated from the tax on 14 cigarettes pursuant to section 453A.6, subsection 1 , 15 and from the tax on tobacco products as specified in 16 section 453A.43, subsections 1, 2, 3, and 4 , the first 17 one hundred six million sixteen thousand four hundred 18 dollars shall be credited to the health care trust fund 19 created in section 453A.35A. 20 2. All permit fees provided for in this chapter and 21 collected by cities in the issuance of permits granted 22 by the cities shall be paid to the treasurer of the 23 city where the permit is effective, or to another city 24 officer as designated by the council, and credited to 25 the general fund of the city. Permit fees so collected 26 by counties shall be paid to the county treasurer. 27 Sec. 83. Section 453A.35A, subsection 1, Code 28 Supplement 2011, is amended to read as follows: 29 1. A health care trust fund is created in the 30 office of the treasurer of state. The fund consists 31 of the revenues generated from the tax on cigarettes 32 pursuant to section 453A.6, subsection 1 , and from 33 the tax on tobacco products as specified in section 34 453A.43 , subsections 1, 2, 3, and 4 , that are credited 35 to the health care trust fund, annually, pursuant to 36 section 453A.35 derived from the sale of stamps and 37 the payment of taxes, fees, and penalties provided 38 for under this chapter, and the permit fees received 39 from all permits issued by the department . Moneys 40 in the fund shall be separate from the general fund 41 of the state and shall not be considered part of the 42 general fund of the state. However, the fund shall 43 be considered a special account for the purposes 44 of section 8.53 relating to generally accepted 45 accounting principles. Moneys in the fund shall be 46 used only as specified in this section and shall be 47 appropriated only for the uses specified. Moneys in 48 the fund are not subject to section 8.33 and shall 49 not be transferred, used, obligated, appropriated, 50 -66- S5221.5979 (3) 84 pf/jp 66/ 80
or otherwise encumbered, except as provided in this 1 section . Notwithstanding section 12C.7, subsection 2 , 2 interest or earnings on moneys deposited in the fund 3 shall be credited to the fund. 4 Sec. 84. COST-BASED REIMBURSEMENT —— PROVIDERS OF 5 CHILDREN’S OUTPATIENT CLINICAL SERVICES. 6 1. The department of human services shall seek 7 federal approval to amend the medical assistance 8 program state plan and shall amend the contract 9 with the department’s managed care contractor for 10 behavioral health services under the medical assistance 11 program to provide medical assistance reimbursement to 12 providers that meet the criteria specified in section 13 249A.17, as enacted in this division of this Act, at 14 100 percent of the reasonable costs for recipients of 15 medical assistance for outpatient clinical services for 16 children. 17 2. Implementation of section 249A.17, as enacted 18 in this division of this Act, is contingent upon 19 receipt of federal approval and limited to the funding 20 made available through amending the contract with the 21 managed care contractor. 22 3. The department shall adopt rules pursuant to 23 chapter 17A to provide reimbursement for outpatient 24 clinical services for children as described in this 25 section. The rules shall provide that reimbursement 26 shall initially be paid on an interim basis and 27 subsequently adjusted retroactively based on submission 28 of financial and statistical reports as required by the 29 department. 30 Sec. 85. EFFECTIVE UPON ENACTMENT. The section 31 of this division of this Act enacting section 8A.441, 32 being deemed of immediate importance, takes effect upon 33 enactment. 34 DIVISION X 35 DIRECT CARE PROFESSIONALS 36 Sec. 86. NEW SECTION . 152F.1 Definitions. 37 As used in this chapter, unless the context 38 otherwise requires: 39 1. “Board” means the board of direct care 40 professionals created under chapter 147. 41 2. “Community living professional” means a direct 42 care associate who has completed advanced training and 43 is certified to provide home and community living, 44 instrumental activities of daily living, and personal 45 support services. 46 3. “Direct care associate” means an individual who 47 has completed core training and is certified to provide 48 direct care services in the state. 49 4. “Direct care instructor” means an individual 50 -67- S5221.5979 (3) 84 pf/jp 67/ 80
approved by the board to provide direct care 1 instruction to direct care professionals. 2 5. “Direct care professional” means an individual 3 who provides direct care services for compensation 4 and is a direct care associate, a community living 5 professional, a health support professional, or a 6 personal support professional. 7 6. “Direct care services” means the services 8 provided to individuals who are ill or individuals 9 with disabilities as specified in the individual’s 10 service plan or in documented goals, including but 11 not limited to home and community living services, 12 instrumental activities of daily living services, 13 personal activities of daily living services, personal 14 support services, and health monitoring and maintenance 15 services. 16 7. “Direct care trainer” means a direct care 17 instructor who is approved by the board to train 18 instructors. 19 8. “Health monitoring and maintenance services” 20 means medically-oriented services that assist an 21 individual in maintaining the individual’s health 22 including measuring intake and output; providing 23 catheter and ostomy care; collecting specimens; 24 checking vital signs, including temperature, pulse, 25 respiration, and blood pressure; measuring height and 26 weight; performing range of motion exercises; providing 27 assistance with urinary care; and application of 28 thrombo embolic deterrent hose or hot and cold packs. 29 9. “Health support professional” means a direct 30 care associate who has completed advanced training 31 and is certified to provide personal activities of 32 daily living and health monitoring and maintenance 33 services or a direct care associate who has met the 34 federal nurse aide requirements pursuant to 42 C.F.R. § 35 483.152. 36 10. “Home and community living services” means 37 services to enhance or maintain independence of 38 individuals including such activities as helping 39 individuals develop and meet personal goals, providing 40 direct physical and emotional support and assistance 41 for persons with disabilities, utilizing crisis 42 intervention and positive behavior supports, and using 43 and following individual support plans. 44 11. “Instrumental activities of daily living 45 services” means services provided to assist individuals 46 with daily living tasks to allow them to function 47 independently in a home or community setting, including 48 but not limited to assistance with managing money, 49 transportation, light housekeeping, and shopping and 50 -68- S5221.5979 (3) 84 pf/jp 68/ 80
cooking. 1 12. “Personal activities of daily living services” 2 means services to assist individuals in meeting basic 3 needs, including but not limited to bathing, back rubs, 4 and skin care; grooming activities; assistance with 5 dressing and undressing; assistance with eating and 6 feeding; assistance with toileting; and assistance with 7 mobility, including transfers, walking, and turning in 8 bed. 9 13. “Personal support professional” means a direct 10 care associate who has completed advanced training and 11 is certified to provide instrumental activities of 12 daily living, personal activities of daily living, and 13 personal support services. 14 14. “Personal support services” means support 15 services provided to an individual as the individual 16 performs personal activities of daily living including 17 but not limited to coaching and prompting, and teaching 18 skills and behaviors. 19 15. “Service plan” means a written, 20 consumer-centered, outcome-based plan of services. 21 16. “Specialty endorsement” means an advanced level 22 of certification based on requirements developed by 23 experts in a particular discipline or professional area 24 and approved by the board. 25 Sec. 87. NEW SECTION . 152F.2 Certification 26 required —— exceptions —— use of title. 27 1. Unless otherwise exempt under section 152F.4, 28 beginning January 1, 2014, an individual shall not 29 provide direct care services in this state without 30 being certified as a direct care associate. 31 2. An individual who is not certified pursuant to 32 this chapter shall not use words or titles which imply 33 or represent that the individual is certified as a 34 direct care professional under this chapter. 35 3. A direct care associate shall not act as 36 or represent that the individual is a direct care 37 professional with advanced training certification 38 or a specialty endorsement, unless the direct care 39 associate is first certified at the appropriate level 40 of certification under this chapter. 41 4. Notwithstanding any provision to the contrary, 42 an individual who completes advanced training or 43 meets the requirements for a specialty endorsement 44 is not required to be certified at that level if 45 the individual does not act as or represent that the 46 individual is certified at that level. Section 147.83 47 does not apply to a direct care associate who is not 48 certified as a direct care professional with advanced 49 training certification or a specialty endorsement if 50 -69- S5221.5979 (3) 84 pf/jp 69/ 80
the direct care associate does not act as or represent 1 that the individual is certified at that level. 2 Sec. 88. NEW SECTION . 152F.3 Requirements to 3 obtain certification —— renewal —— continuing education 4 —— reciprocity. 5 1. An applicant for certification as a direct care 6 associate shall present evidence satisfactory to the 7 board that the applicant meets all of the following 8 requirements: 9 a. The applicant has successfully completed the 10 required education for the certification from a 11 board-approved direct care instructor or direct care 12 trainer. 13 b. The applicant has paid all fees required by the 14 board. 15 c. The applicant certifies that the applicant will 16 conduct all professional activities in accordance with 17 standards for professional conduct established by the 18 board. 19 2. An applicant for certification as a direct care 20 professional with advanced training or a specialty 21 endorsement shall present evidence satisfactory to the 22 board that the applicant meets all of the following 23 requirements: 24 a. The applicant has successfully completed the 25 required education for the certification from a 26 board-approved direct care instructor or direct care 27 trainer. 28 b. The applicant has paid all fees required by the 29 board. 30 c. The applicant has passed a state examination 31 approved by the board. 32 d. The applicant certifies that the applicant will 33 conduct all professional activities in accordance with 34 standards for professional conduct established by the 35 board. 36 3. An individual shall renew the individual’s 37 certification biennially. Prior to such renewal, the 38 individual shall present evidence that the individual 39 has satisfied continuing education requirements and 40 shall pay a renewal fee as determined by the board. 41 4. The board shall issue the appropriate 42 certification to an applicant who demonstrates 43 experience in direct care services in another state and 44 meets the requirements established by the board for the 45 specific certification. 46 Sec. 89. NEW SECTION . 152F.4 Scope of chapter. 47 1. The provisions of this chapter do not apply to 48 any of the following: 49 a. An individual who is providing direct care 50 -70- S5221.5979 (3) 84 pf/jp 70/ 80
services and is governed by a collective bargaining 1 agreement in place before July 1, 2017, until the 2 expiration of such agreement. 3 b. An individual providing direct care services to 4 a family member. 5 c. An individual otherwise licensed who is 6 operating within the scope of that license and who does 7 not represent to the public that the individual is a 8 direct care professional. 9 2. This chapter shall not be interpreted to 10 preclude an individual who provides direct care 11 services but is not otherwise required to be certified 12 under this chapter from being certified under this 13 chapter on a voluntary basis. 14 Sec. 90. NEW SECTION . 152F.5 Duties of the board. 15 The board shall do all of the following: 16 1. Adopt rules consistent with this chapter, 17 chapter 147, chapter 272, and the recommendations of 18 the direct care worker advisory council established 19 pursuant to 2008 Iowa Acts, chapter 1188, section 69, 20 which are necessary for the performance of its duties. 21 2. Adopt rules to provide a transition process 22 that allows individuals providing direct care services 23 on or before January 1, 2014, who are subject to 24 the certification requirements of this chapter, 25 to continue providing direct care services while 26 completing certification under this chapter. The rules 27 shall provide that certification requirements for an 28 individual subject to the transition process are based 29 on consideration of previous training, employment 30 history, and experience. An individual subject to the 31 transition process shall complete the requirements for 32 direct care associate certification within a time frame 33 determined by rule of the board. 34 3. Establish curriculum requirements for health 35 support professionals. The curriculum requirements 36 established shall not exceed the curriculum 37 requirements specified for nurse aides pursuant to 38 42 C.F.R. § 483.152, without prior approval of sixty 39 percent of the members of the board and prior approval 40 of the department of inspections and appeals. 41 4. Require an individual to undergo criminal 42 history and child and dependent adult abuse record 43 checks prior to certification, and establish record 44 checks requirements applicable to direct care 45 professionals consistent with section 135C.33. 46 5. Establish dependent adult abuse reporting and 47 training requirements consistent with chapters 235B and 48 235E, as applicable. 49 6. Establish standards and guidelines for 50 -71- S5221.5979 (3) 84 pf/jp 71/ 80
certification reciprocity. 1 7. Establish standards and guidelines for direct 2 care professionals, including minimum curriculum 3 requirements. 4 8. Prepare and conduct, or prescribe, an 5 examination for applicants for certification. 6 9. Establish standards and guidelines for direct 7 care instructors and direct care trainers, including 8 minimum curriculum requirements and continuing 9 education requirements. Training and continuing 10 education guidelines shall provide diverse options for 11 completion of the training and continuing education, 12 as appropriate, including but not limited to online, 13 employer-based, or educational institution-based 14 opportunities. 15 10. Define educational activities which fulfill 16 continuing education requirements for renewal of 17 certification. 18 11. Establish guidelines for inactive certification 19 status and inactive certification reentry. 20 12. Establish a grace period during which a newly 21 employed individual may provide direct care services 22 before being required to complete the appropriate level 23 of certification under this chapter. 24 Sec. 91. NEW SECTION . 152F.6 Certification 25 suspension and revocation. 26 A certification issued by the board under this 27 chapter may be suspended or revoked, or renewal of 28 certification may be denied by the board, for violation 29 of any provision of this chapter, section 147.55 or 30 272C.10, or rules adopted by the board. 31 Sec. 92. Section 10A.402, subsection 1, Code 2011, 32 is amended to read as follows: 33 1. Investigations relative to the practice of 34 regulated professions and occupations, except those 35 within the jurisdiction of the board of medicine, the 36 board of pharmacy, the dental board, and the board of 37 nursing , and the board of direct care professionals . 38 Sec. 93. Section 135.11A, Code 2011, is amended to 39 read as follows: 40 135.11A Professional licensure division —— other 41 licensing boards —— expenses —— fees. 42 1. There shall be a professional licensure 43 division within the department of public health. Each 44 board under chapter 147 or under the administrative 45 authority of the department, except the board of 46 nursing, board of medicine, dental board, and board of 47 pharmacy, and board of direct care professionals shall 48 receive administrative and clerical support from the 49 division and may not employ its own support staff for 50 -72- S5221.5979 (3) 84 pf/jp 72/ 80
administrative and clerical duties. 1 2. The professional licensure division and the 2 licensing boards may expend funds in addition to 3 amounts budgeted, if those additional expenditures are 4 directly the result of actual examination and exceed 5 funds budgeted for examinations. Before the division 6 or a licensing board expends or encumbers an amount 7 in excess of the funds budgeted for examinations, the 8 director of the department of management shall approve 9 the expenditure or encumbrance. Before approval is 10 given, the department of management shall determine 11 that the examination expenses exceed the funds budgeted 12 by the general assembly to the division or board 13 and the division or board does not have other funds 14 from which examination expenses can be paid. Upon 15 approval of the department of management, the division 16 or licensing board may expend and encumber funds for 17 excess examination expenses. The amounts necessary to 18 fund the excess examination expenses shall be collected 19 as fees from additional examination applicants and 20 shall be treated as repayment receipts as defined in 21 section 8.2 . 22 Sec. 94. Section 135.31, Code 2011, is amended to 23 read as follows: 24 135.31 Location of boards —— rulemaking. 25 The offices for the board of medicine, the board 26 of pharmacy, the board of nursing, and the dental 27 board , and the board of direct care professionals shall 28 be located within the department of public health. 29 The individual boards shall have policymaking and 30 rulemaking authority. 31 Sec. 95. Section 147.1, subsections 3 and 6, Code 32 2011, are amended to read as follows: 33 3. “Licensed” or “certified” , when applied 34 to a physician and surgeon, podiatric physician, 35 osteopathic physician and surgeon, physician assistant, 36 psychologist, chiropractor, nurse, dentist, dental 37 hygienist, dental assistant, optometrist, speech 38 pathologist, audiologist, pharmacist, physical 39 therapist, physical therapist assistant, occupational 40 therapist, occupational therapy assistant, respiratory 41 care practitioner, practitioner of cosmetology arts and 42 sciences, practitioner of barbering, funeral director, 43 dietitian, marital and family therapist, mental health 44 counselor, social worker, massage therapist, athletic 45 trainer, acupuncturist, nursing home administrator, 46 hearing aid dispenser, or sign language interpreter or 47 transliterator , or direct care professional means a 48 person licensed under this subtitle. 49 6. “Profession” means medicine and surgery, 50 -73- S5221.5979 (3) 84 pf/jp 73/ 80
podiatry, osteopathic medicine and surgery, practice 1 as a physician assistant, psychology, chiropractic, 2 nursing, dentistry, dental hygiene, dental assisting, 3 optometry, speech pathology, audiology, pharmacy, 4 physical therapy, physical therapist assisting, 5 occupational therapy, occupational therapy assisting, 6 respiratory care, cosmetology arts and sciences, 7 barbering, mortuary science, marital and family 8 therapy, mental health counseling, social work, 9 dietetics, massage therapy, athletic training, 10 acupuncture, nursing home administration, hearing 11 aid dispensing, or sign language interpreting 12 or transliterating , or practice as a direct care 13 professional . 14 Sec. 96. Section 147.2, subsection 1, Code 2011, is 15 amended to read as follows: 16 1. A person shall not engage in the practice of 17 medicine and surgery, podiatry, osteopathic medicine 18 and surgery, psychology, chiropractic, physical 19 therapy, physical therapist assisting, nursing, 20 dentistry, dental hygiene, dental assisting, optometry, 21 speech pathology, audiology, occupational therapy, 22 occupational therapy assisting, respiratory care, 23 pharmacy, cosmetology arts and sciences, barbering, 24 social work, dietetics, marital and family therapy or 25 mental health counseling, massage therapy, mortuary 26 science, athletic training, acupuncture, nursing 27 home administration, hearing aid dispensing, or sign 28 language interpreting or transliterating, or shall not 29 practice as a physician assistant or as a direct care 30 professional , unless the person has obtained a license 31 for that purpose from the board for the profession. 32 Sec. 97. Section 147.13, Code 2011, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 24. For direct care professionals, 35 the board of direct care professionals. 36 Sec. 98. Section 147.14, subsection 1, Code 2011, 37 is amended by adding the following new paragraph: 38 NEW PARAGRAPH . x. For the board of direct care 39 professionals, a total of eleven members, six of whom 40 are direct care professionals who represent diverse 41 settings and populations served, two members of the 42 public, one registered nurse who serves as a direct 43 care instructor, one human services professional who 44 serves as a direct care instructor, and one licensed 45 nursing home administrator. 46 Sec. 99. Section 147.74, Code 2011, is amended by 47 adding the following new subsection: 48 NEW SUBSECTION . 24. A direct care professional 49 certified under chapter 152F and this chapter may use 50 -74- S5221.5979 (3) 84 pf/jp 74/ 80
the following: 1 a. A direct care professional certified as a 2 direct care associate may use the title “direct care 3 associate” or the letters “D.C.A.” after the person’s 4 name. 5 b. A direct care professional certified as a 6 community living professional may use the title 7 “community living professional” or the letters “C.L.P.” 8 after the person’s name. 9 c. A direct care professional certified as a 10 personal support professional may use the title 11 “personal support professional” or the letters “P.S.P.” 12 after the person’s name. 13 d. A direct care professional certified as a 14 health support professional may use the title “health 15 support professional” or the letters “H.S.P.” after the 16 person’s name. 17 e. A direct care professional certified with a 18 specialty endorsement may use the title or letters 19 determined by the specialty endorsement entity and 20 approved by the board of direct care professionals. 21 f. A direct care professional who complies with 22 federal nurse aide requirements pursuant to 42 C.F.R. § 23 483.152 may use the title “certified nursing assistant” 24 or the letters “C.N.A.” after the person’s name. 25 Sec. 100. Section 147.80, subsection 3, Code 2011, 26 is amended to read as follows: 27 3. The board of medicine, the board of pharmacy, 28 the dental board, and the board of nursing , and 29 the board of direct care professionals shall retain 30 individual executive officers, but shall make 31 every effort to share administrative, clerical, and 32 investigative staff to the greatest extent possible. 33 Sec. 101. Section 147.88, Code 2011, is amended to 34 read as follows: 35 147.88 Inspections and investigations. 36 The department of inspections and appeals may 37 perform inspections and investigations as required by 38 this subtitle, except inspections and investigations 39 for the board of medicine, board of pharmacy, board of 40 nursing, and the dental board , and the board of direct 41 care professionals . The department of inspections 42 and appeals shall employ personnel related to the 43 inspection and investigative functions. 44 Sec. 102. Section 272C.1, subsection 6, Code 2011, 45 is amended by adding the following new paragraph: 46 NEW PARAGRAPH . ag. The board of direct care 47 professionals, created pursuant to chapter 147. 48 Sec. 103. TRANSITION PROVISIONS. 49 1. An individual providing direct care services 50 -75- S5221.5979 (3) 84 pf/jp 75/ 80
on or before January 1, 2014, who is subject to the 1 certification requirements of this division of this 2 Act, may continue providing direct care services 3 while completing certification as required under 4 this division of this Act. The board of direct 5 care professionals shall adopt rules to provide that 6 certification requirements for an individual subject to 7 the transition process are based on consideration of 8 previous training, employment history, and experience, 9 and require such individuals to complete the 10 requirements for direct care associate certification 11 within the time frame determined by rule of the board. 12 2. An individual who is registered on or before 13 January 1, 2014, on the Iowa direct care worker 14 registry established by the department of inspections 15 and appeals, is deemed to meet the certification 16 requirements for a health support professional under 17 this division of this Act. 18 3. Notwithstanding sections 147.14 and 147.16, 19 for the initial board of direct care professionals, 20 the governor may appoint, subject to confirmation by 21 the senate, in lieu of the six members required to be 22 direct care professionals and the two members required 23 to be direct care instructors, members with experience 24 and expertise that is substantially equivalent to 25 the professional requirements for a direct care 26 professional or direct care instructor, as applicable. 27 Sec. 104. IMPLEMENTATION. The provisions of this 28 division of this Act shall be implemented as follows: 29 1. The sections of this division of this Act 30 relating to the board of direct care professionals 31 including sections 152F.1 and 152F.5, as enacted in 32 this division of this Act; sections 10A.402, 135.11A, 33 135.31, 147.13, 147.14, 147.80, 147.88, and 272C.1, as 34 amended in this division of this Act, and as specified 35 in the transition provisions; and the section of this 36 division of this Act providing transition provisions 37 relating to the board shall be implemented so that a 38 board of direct care professionals is appointed no 39 later than December 15, 2012. 40 2. The sections of this division of this Act 41 relating to requirements for certification of direct 42 care professionals including sections 152F.2, 152F.3, 43 152F.4, and 152F.6, as enacted in this division of this 44 Act; and sections 147.1, 147.2, and 147.74, as amended 45 in this division of this Act, shall be implemented so 46 that the requirements are applicable beginning no later 47 than January 1, 2014. 48 Sec. 105. FUNDING PROVISIONS. 49 1. The department of public health shall limit the 50 -76- S5221.5979 (3) 84 pf/jp 76/ 80
indirect service charge for the board of direct care 1 professionals to not more than fifteen percent. 2 2. It is the intent of the general assembly 3 that the board of direct care professionals be 4 self-sustaining by January 1, 2017. 5 Sec. 106. EFFECTIVE UPON ENACTMENT. This division 6 of this Act, being deemed of immediate importance, 7 takes effect upon enactment. 8 DIVISION XI 9 DISTRIBUTION OF FAMILY PLANNING FUNDS 10 Sec. 107. DISTRIBUTION OF FAMILY PLANNING FUNDS. 11 1. As used in this section, unless the context 12 otherwise requires: 13 a. “Department” means department as defined in 14 section 7E.4. 15 b. “Federally qualified health center” means a 16 health care provider that is eligible for federal 17 funding under 42 U.S.C. § 1396d(l)(2)(B). 18 2. Notwithstanding any other law to the contrary, 19 any expenditure, award, or other distribution of state 20 or federal family planning funds shall be made to 21 eligible applicants in the following order of priority: 22 a. Public entities that provide family planning 23 services including state, county, or local community 24 health clinics and federally qualified health centers. 25 b. Nonpublic entities that, in addition to family 26 planning services, provide required primary health 27 services as described in 42 U.S.C. § 254b(b)(1)(A). 28 c. Nonpublic entities that provide family planning 29 services but do not provide required primary health 30 services as described in 42 U.S.C. § 254b(b)(1)(A). 31 3. A department shall ensure distribution of 32 federal family planning funds in a manner that does not 33 severely limit or eliminate access to family planning 34 services in any region of the state. 35 4. A department shall not distribute state or 36 federal family planning funds under this section to 37 any entity that performs abortions or that maintains 38 or operates a facility where abortions are performed. 39 For the purposes of this section, “abortion” does not 40 include any of the following: 41 a. The treatment of a woman for a physical 42 disorder, physical injury, or physical illness, 43 including a life-endangering physical condition caused 44 by or arising from the pregnancy itself, that would, 45 as certified by a physician, place the woman in danger 46 of death. 47 b. The treatment of a woman for a spontaneous 48 abortion, commonly known as a miscarriage, when not all 49 of the products of conception are expelled. 50 -77- S5221.5979 (3) 84 pf/jp 77/ 80
5. State or federal family planning funds 1 distributed in accordance with this section shall not 2 be used for direct or indirect costs, including but not 3 limited to administrative costs or expenses, overhead, 4 employee salaries, rent, and telephone and other 5 utilities, related to providing abortions as specified 6 in subsection 4. 7 6. Any department that distributes state or federal 8 family planning funds shall submit a report to the 9 governor and the general assembly, annually by December 10 31, listing any entities receiving family planning 11 funds as described in subsection 2, paragraph “c”, and 12 the amount and type of funds received by such entities 13 during the preceding calendar year. The report shall 14 provide a detailed explanation of how the department 15 determined that distribution of family planning funds 16 to such an entity, instead of to an entity described 17 in subsection 2 paragraph “a” or “b”, was necessary to 18 prevent severe limitation or elimination of access to 19 family planning services in the region of the state in 20 which the entity is located. > 21 ______________________________ DAVID JOHNSON ______________________________ NANCY J. BOETTGER ______________________________ JAMES A. SEYMOUR ______________________________ JERRY BEHN ______________________________ BRAD ZAUN ______________________________ RICK BERTRAND ______________________________ STEVE KETTERING -78- S5221.5979 (3) 84 pf/jp 78/ 80
______________________________ JAMES F. HAHN ______________________________ ROBERT BACON ______________________________ BILL ANDERSON ______________________________ RANDY FEENSTRA ______________________________ ROBY SMITH ______________________________ JACK WHITVER ______________________________ TIM KAPUCIAN ______________________________ MERLIN BARTZ ______________________________ SANDRA H. GREINER ______________________________ MARK CHELGREN ______________________________ HUBERT HOUSER ______________________________ KENT SORENSON ______________________________ JONI ERNST -79- S5221.5979 (3) 84 pf/jp 79/ 80
______________________________ PAT WARD ______________________________ BILL DIX -80- S5221.5979 (3) 84 pf/jp 80/ 80