House File 160 H-1010 Amend House File 160 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. CHILDREN’S HEALTH INSURANCE PROGRAM 4 —— CHILD ENROLLMENT CONTINGENCY FUND —— MENTAL HEALTH 5 AND DISABILITY SERVICES REDESIGN TRANSITION FUND —— FY 6 2012-2013. 7 1. Of the moneys received from the federal 8 government through the child enrollment contingency 9 fund established pursuant to section 103 of the federal 10 Children’s Health Insurance Program Reauthorization Act 11 of 2009, Pub. L. No. 111-3, the following amount is 12 transferred from such moneys to the department of human 13 services for the fiscal year beginning July 1, 2012, 14 and ending June 30, 2013, to be credited as follows: 15 To be credited to the mental health and disability 16 services redesign transition fund created in 2012 Iowa 17 Acts, chapter 1120, section 23: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,628,317 19 2. The moneys credited to the mental health and 20 disability services redesign transition fund pursuant 21 to subsection 1 are appropriated to the department of 22 human services for allocation to counties as follows: 23 a. To those counties identified by the department 24 in scenario 1 of the department’s report on the 25 transition fund submitted to the general assembly on 26 December 1, 2012, pursuant to 2012 Iowa Acts, chapter 27 1120, section 23, to be used to continue or restore 28 services as provided in the application and the 29 department’s determination of the award amount: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,628,317 31 b. The allocations under this subsection shall be 32 remitted to counties not later than two calendar weeks 33 following the effective date of this Act. 34 c. A county receiving an allocation under this 35 subsection shall remit to the department any unpaid 36 portion of the county’s obligation for the nonfederal 37 share of undisputed medical assistance program billings 38 incurred in a fiscal year prior to FY 2012-2013. The 39 unpaid portion shall be remitted prior to June 30, 40 2013, from moneys available to the county that meet 41 federal match requirements for the medical assistance 42 program and for the child enrollment contingency fund 43 under federal Children’s Health Insurance Program 44 Reauthorization Act of 2009. Such requirements include 45 but are not limited to those specified in 42 C.F.R. § 46 433.51 and 42 C.F.R. § 457.628 and a county receiving 47 an allocation under this subsection shall not use the 48 allocation in any way that supports or draws federal 49 match moneys. 50 -1- HF160.152 (1) 85 jp/tm 1/ 3 #1.

d. A county receiving an allocation under this 1 subsection shall enter into a formal agreement 2 with the department concerning the allocation and 3 shall comply with any audit requirements for the 4 county’s expenditures relating to the allocation. The 5 department shall develop the audit requirements with 6 assistance from the office of the auditor of state. 7 The requirements shall provide for the county to bear 8 the costs of any federal audit of the county’s use 9 of the allocation, including any federal repayment 10 or penalty determination resulting from the audit 11 findings. The audit requirements may be applied 12 on a selective or random basis so that the audit 13 requirements do not apply to all counties receiving an 14 allocation. Any costs relating to the performance of 15 nonfederal, state-only audit requirements established 16 by the department are the responsibility of the 17 department. 18 3. A county that applied for moneys from the 19 transition fund pursuant to 2012 Iowa Acts, chapter 20 1120, section 23, but was not identified in the 21 department’s recommendation for an award in the report 22 on the transition fund shall enter into an agreement 23 with the department for remittance of any unpaid 24 portion of the county’s obligation for the nonfederal 25 share of undisputed medical assistance program billings 26 incurred in a fiscal year prior to FY 2012-2013. 27 A county that did not apply for moneys from the 28 transition fund shall either remit any unpaid portion 29 of the county’s obligation for such program billings by 30 the end of the fiscal year beginning July 1, 2012, or 31 shall enter into an agreement to do so. An agreement 32 under this subsection shall provide for remittance 33 of any unpaid portion by the end of the fiscal year 34 beginning July 1, 2013. 35 4. For purposes of an application for county 36 formation of a mental health and disability services 37 region submitted on or before April 1, 2013, in 38 accordance with section 331.389, subsection 4, the 39 director of human services may approve an application 40 for a region that includes a county that is not 41 contiguous with any of the other counties in the 42 region, as otherwise required under section 331.389, 43 subsection 3, paragraph “a” , if the county that is not 44 contiguous has had a formal relationship for two years 45 or longer with one or more of the other counties in the 46 region for provision of mental health and disability 47 services. 48 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being 49 deemed of immediate importance, takes effect upon 50 -2- HF160.152 (1) 85 jp/tm 2/ 3