Senate Amendment to House File 2460 H-8277 Amend House File 2460, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 DEPARTMENT ON AGING —— FY 2016-2017 6 Section 1. 2015 Iowa Acts, chapter 137, section 7 121, is amended to read as follows: 8 SEC. 121. DEPARTMENT ON AGING. There is 9 appropriated from the general fund of the state to 10 the department on aging for the fiscal year beginning 11 July 1, 2016, and ending June 30, 2017, the following 12 amount, or so much thereof as is necessary, to be used 13 for the purposes designated: 14 For aging programs for the department on aging and 15 area agencies on aging to provide citizens of Iowa who 16 are 60 years of age and older with case management for 17 frail elders, Iowa’s aging and disabilities resource 18 center, and other services which may include but are 19 not limited to adult day services, respite care, chore 20 services, information and assistance, and material aid, 21 for information and options counseling for persons with 22 disabilities who are 18 years of age or older, and 23 for salaries, support, administration, maintenance, 24 and miscellaneous purposes, and for not more than the 25 following full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,699,866 27 12,498,603 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 31.00 29 1. Funds appropriated in this section may be used 30 to supplement federal funds under federal regulations. 31 To receive funds appropriated in this section, a local 32 area agency on aging shall match the funds with moneys 33 from other sources according to rules adopted by the 34 department. Funds appropriated in this section may be 35 -1- HF2460.3823.S (2) 86 jh 1/ 161 #1.
used for elderly services not specifically enumerated 1 in this section only if approved by an area agency on 2 aging for provision of the service within the area. 3 2. Of the funds appropriated in this section, 4 $139,973 $279,946 is transferred to the economic 5 development authority for the Iowa commission on 6 volunteer services to be used for the retired and 7 senior volunteer program. 8 3. a. The department on aging shall establish and 9 enforce procedures relating to expenditure of state and 10 federal funds by area agencies on aging that require 11 compliance with both state and federal laws, rules, and 12 regulations, including but not limited to all of the 13 following: 14 (1) Requiring that expenditures are incurred only 15 for goods or services received or performed prior to 16 the end of the fiscal period designated for use of the 17 funds. 18 (2) Prohibiting prepayment for goods or services 19 not received or performed prior to the end of the 20 fiscal period designated for use of the funds. 21 (3) Prohibiting the prepayment for goods or 22 services not defined specifically by good or service, 23 time period, or recipient. 24 (4) Prohibiting the establishment of accounts from 25 which future goods or services which are not defined 26 specifically by good or service, time period, or 27 recipient, may be purchased. 28 b. The procedures shall provide that if any funds 29 are expended in a manner that is not in compliance with 30 the procedures and applicable federal and state laws, 31 rules, and regulations, and are subsequently subject 32 to repayment, the area agency on aging expending such 33 funds in contravention of such procedures, laws, rules 34 and regulations, not the state, shall be liable for 35 -2- HF2460.3823.S (2) 86 jh 2/ 161
such repayment. 1 4. Of the funds appropriated in this section, at 2 least $125,000 $250,000 shall be used to fund the unmet 3 needs identified through Iowa’s aging and disability 4 resource center network. 5 5. Of the funds appropriated in this section, at 6 least $300,000 $600,000 shall be used to fund home and 7 community-based services through the area agencies 8 on aging that enable older individuals to avoid more 9 costly utilization of residential or institutional 10 services and remain in their own homes. 11 6. Of the funds appropriated in this section, 12 $406,833 $912,537 shall be used for the purposes of 13 chapter 231E and section 231.56A , of which $144,333 14 $350,000 shall be used for the office of substitute 15 decision maker pursuant to chapter 231E , and the 16 remainder shall be distributed equally to the area 17 agencies on aging to administer the prevention of elder 18 abuse, neglect, and exploitation program pursuant to 19 section 231.56A , in accordance with the requirements 20 of the federal Older Americans Act of 1965, 42 U.S.C. 21 §3001 et seq., as amended. 22 7. Of the funds appropriated in this section, 23 $1,000,000 shall be used to fund continuation of the 24 aging and disability resource center lifelong links to 25 provide individuals and caregivers with information and 26 services to plan for and maintain independence. 27 DIVISION II 28 OFFICE OF LONG-TERM CARE OMBUDSMAN —— FY 2016-2017 29 Sec. 2. 2015 Iowa Acts, chapter 137, section 122, 30 is amended to read as follows: 31 SEC. 122. OFFICE OF LONG-TERM CARE OMBUDSMAN. 32 1. There is appropriated from the general fund of 33 the state to the office of long-term care ombudsman for 34 the fiscal year beginning July 1, 2016, and ending June 35 -3- HF2460.3823.S (2) 86 jh 3/ 161
30, 2017, the following amount, or so much thereof as 1 is necessary, to be used for the purposes designated: 2 For salaries, support, administration, maintenance, 3 and miscellaneous purposes, and for not more than the 4 following full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 638,391 6 1,626,783 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 17.00 8 20.00 9 2. Of the funds appropriated in this section, 10 $110,000 $220,000 shall be used to continue to provide 11 for additional local long-term care ombudsmen. 12 3. Of the funds appropriated in this section, 13 $350,000 shall be used to provide additional long-term 14 care ombudsmen to provide assistance and advocacy 15 related to long-term care services and supports under 16 the Medicaid program pursuant to section 231.44. 17 DIVISION III 18 DEPARTMENT OF PUBLIC HEALTH —— FY 2016-2017 19 Sec. 3. 2015 Iowa Acts, chapter 137, section 123, 20 is amended to read as follows: 21 SEC. 123. DEPARTMENT OF PUBLIC HEALTH. There is 22 appropriated from the general fund of the state to 23 the department of public health for the fiscal year 24 beginning July 1, 2016, and ending June 30, 2017, the 25 following amounts, or so much thereof as is necessary, 26 to be used for the purposes designated: 27 1. ADDICTIVE DISORDERS 28 For reducing the prevalence of the use of tobacco, 29 alcohol, and other drugs, and treating individuals 30 affected by addictive behaviors, including gambling, 31 and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,631,845 34 26,988,690 35 -4- HF2460.3823.S (2) 86 jh 4/ 161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 1 a. (1) Of the funds appropriated in this 2 subsection, $2,624,180 $5,248,361 shall be used for 3 the tobacco use prevention and control initiative, 4 including efforts at the state and local levels, as 5 provided in chapter 142A . The commission on tobacco 6 use prevention and control established pursuant 7 to section 142A.3 shall advise the director of 8 public health in prioritizing funding needs and the 9 allocation of moneys appropriated for the programs 10 and initiatives. Activities of the programs and 11 initiatives shall be in alignment with the United 12 States centers for disease control and prevention 13 best practices for comprehensive tobacco control 14 programs that include the goals of preventing youth 15 initiation of tobacco usage, reducing exposure to 16 secondhand smoke, and promotion of tobacco cessation. 17 To maximize resources, the department shall determine 18 if third-party sources are available to instead provide 19 nicotine replacement products to an applicant prior to 20 provision of such products to an applicant under the 21 initiative. The department shall track and report to 22 the individuals specified in this Act , any reduction 23 in the provision of nicotine replacement products 24 realized by the initiative through implementation of 25 the prerequisite screening. 26 (2) (a) Of the funds allocated in this paragraph 27 “a”, $226,533 is transferred to the The department 28 shall collaborate with the alcoholic beverages division 29 of the department of commerce for enforcement of 30 tobacco laws, regulations, and ordinances and to engage 31 in tobacco control activities approved by the division 32 of tobacco use prevention and control of the department 33 of public health as specified in the memorandum of 34 understanding entered into between the divisions. 35 -5- HF2460.3823.S (2) 86 jh 5/ 161
(b) For the fiscal year beginning July 1, 2016, and 1 ending June 30, 2017, the terms of the memorandum of 2 understanding, entered into between the division of 3 tobacco use prevention and control of the department 4 of public health and the alcoholic beverages division 5 of the department of commerce, governing compliance 6 checks conducted to ensure licensed retail tobacco 7 outlet conformity with tobacco laws, regulations, 8 and ordinances relating to persons under eighteen 18 9 years of age, shall continue to restrict the number of 10 such checks to one check per retail outlet, and one 11 additional check for any retail outlet found to be in 12 violation during the first check. 13 b. Of the funds appropriated in this subsection, 14 $11,007,664 $21,740,329 shall be used for problem 15 gambling and substance-related disorder prevention, 16 treatment, and recovery services, including a 24-hour 17 helpline, public information resources, professional 18 training, youth prevention, and program evaluation. 19 (1) Of the funds allocated in this paragraph “b”, 20 $9,451,857 shall be used for substance-related disorder 21 prevention and treatment. 22 (a) Of the funds allocated in this subparagraph 23 (1), $449,650 shall be used for the public purpose of 24 a grant program to provide substance-related disorder 25 prevention programming for children. 26 (i) Of the funds allocated in this subparagraph 27 division (a), $213,769 shall be used for grant funding 28 for organizations that provide programming for 29 children by utilizing mentors. Programs approved for 30 such grants shall be certified or must be certified 31 within six months of receiving the grant award by the 32 Iowa commission on volunteer services as utilizing 33 the standards for effective practice for mentoring 34 programs. 35 -6- HF2460.3823.S (2) 86 jh 6/ 161
(ii) Of the funds allocated in this subparagraph 1 division (a), $213,419 shall be used for grant funding 2 for organizations providing programming that includes 3 youth development and leadership services. The 4 programs shall also be recognized as being programs 5 that are scientifically based with evidence of their 6 effectiveness in reducing substance-related disorders 7 in children. 8 (iii) The department of public health shall utilize 9 a request for proposals process to implement the grant 10 program. 11 (iv) All grant recipients shall participate in a 12 program evaluation as a requirement for receiving grant 13 funds. 14 (v) Of the funds allocated in this subparagraph 15 division (a), up to $22,461 may be used to administer 16 substance-related disorder prevention grants and for 17 program evaluations. 18 (b) Of the funds allocated in this subparagraph 19 (1), $136,301 shall be used for culturally competent 20 substance-related disorder treatment pilot projects. 21 (i) The department shall utilize the amount 22 allocated in this subparagraph division (b) for at 23 least three pilot projects to provide culturally 24 competent substance-related disorder treatment in 25 various areas of the state. Each pilot project shall 26 target a particular ethnic minority population. The 27 populations targeted shall include but are not limited 28 to African American, Asian, and Latino. 29 (ii) The pilot project requirements shall provide 30 for documentation or other means to ensure access 31 to the cultural competence approach used by a pilot 32 project so that such approach can be replicated and 33 improved upon in successor programs. 34 (2) Of the funds allocated in this paragraph “b”, 35 -7- HF2460.3823.S (2) 86 jh 7/ 161
up to $1,555,807 may be used for problem gambling 1 prevention, treatment, and recovery services. 2 (a) Of the funds allocated in this subparagraph 3 (2), $1,286,881 shall be used for problem gambling 4 prevention and treatment. 5 (b) Of the funds allocated in this subparagraph 6 (2), up to $218,926 may be used for a 24-hour helpline, 7 public information resources, professional training, 8 and program evaluation. 9 (c) Of the funds allocated in this subparagraph 10 (2), up to $50,000 may be used for the licensing of 11 problem gambling treatment programs. 12 (3) It is the intent of the general assembly that 13 from the moneys allocated in this paragraph “b”, 14 persons with a dual diagnosis of substance-related 15 disorder and gambling addiction shall be given priority 16 in treatment services. 17 c. Notwithstanding any provision of law to the 18 contrary, to standardize the availability, delivery, 19 cost of delivery, and accountability of problem 20 gambling and substance-related disorder treatment 21 services statewide, the department shall continue 22 implementation of a process to create a system for 23 delivery of treatment services in accordance with the 24 requirements specified in 2008 Iowa Acts, chapter 25 1187, section 3, subsection 4 . To ensure the system 26 provides a continuum of treatment services that best 27 meets the needs of Iowans, the problem gambling and 28 substance-related disorder treatment services in any 29 area may be provided either by a single agency or by 30 separate agencies submitting a joint proposal. 31 (1) The system for delivery of substance-related 32 disorder and problem gambling treatment shall include 33 problem gambling prevention. 34 (2) The system for delivery of substance-related 35 -8- HF2460.3823.S (2) 86 jh 8/ 161
disorder and problem gambling treatment shall include 1 substance-related disorder prevention by July 1, 2017. 2 (3) Of the funds allocated in paragraph “b”, the 3 department may use up to $50,000 for administrative 4 costs to continue developing and implementing the 5 process in accordance with this paragraph “c”. 6 d. The requirement of section 123.53 123.17 , 7 subsection 5 , is met by the appropriations and 8 allocations made in this division of this Act for 9 purposes of substance-related disorder treatment and 10 addictive disorders for the fiscal year beginning July 11 1, 2016. 12 e. The department of public health shall work with 13 all other departments that fund substance-related 14 disorder prevention and treatment services and all 15 such departments shall, to the extent necessary, 16 collectively meet the state maintenance of effort 17 requirements for expenditures for substance-related 18 disorder services as required under the federal 19 substance-related disorder prevention and treatment 20 block grant. 21 2. HEALTHY CHILDREN AND FAMILIES 22 For promoting the optimum health status for 23 children, adolescents from birth through 21 years of 24 age, and families, and for not more than the following 25 full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,308,771 27 5,593,774 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 29 a. Of the funds appropriated in this subsection, 30 not more than $367,420 $734,841 shall be used for the 31 healthy opportunities for parents to experience success 32 (HOPES)-healthy families Iowa (HFI) program established 33 pursuant to section 135.106 . The funding shall be 34 distributed to renew the grants that were provided 35 -9- HF2460.3823.S (2) 86 jh 9/ 161
to the grantees that operated the program during the 1 fiscal year ending June 30, 2016. 2 b. In order to implement the legislative intent 3 stated in sections 135.106 and 256I.9 , that priority 4 for home visitation program funding be given to 5 programs using evidence-based or promising models 6 for home visitation, it is the intent of the general 7 assembly to phase in the funding priority in accordance 8 with 2012 Iowa Acts, chapter 1133, section 2, 9 subsection 2 , paragraph “0b”. 10 c. Of the funds appropriated in this subsection, 11 $1,099,414 $3,175,059 shall be used for continuation 12 of the department’s initiative to provide for adequate 13 developmental surveillance and screening during a 14 child’s first five years. The funds shall be used 15 first to fully fund the current sites to ensure 16 that the sites are fully operational, with the 17 remaining funds to be used for expansion to additional 18 sites. The full implementation and expansion shall 19 include enhancing the scope of the program through 20 collaboration with the child health specialty clinics 21 to promote healthy child development through early 22 identification and response to both biomedical 23 and social determinants of healthy development; by 24 monitoring child health metrics to inform practice, 25 document long-term health impacts and savings, and 26 provide for continuous improvement through training, 27 education, and evaluation; and by providing for 28 practitioner consultation particularly for children 29 with behavioral conditions and needs. The department 30 of public health shall also collaborate with the Iowa 31 Medicaid enterprise and the child health specialty 32 clinics to integrate the activities of the first five 33 initiative into the establishment of patient-centered 34 medical homes, community utilities, accountable 35 -10- HF2460.3823.S (2) 86 jh 10/ 161
care organizations, and other integrated care models 1 developed to improve health quality and population 2 health while reducing health care costs. To the 3 maximum extent possible, funding allocated in this 4 paragraph shall be utilized as matching funds for 5 medical assistance program reimbursement. 6 d. Of the funds appropriated in this subsection, 7 $37,320 $74,640 shall be distributed to a statewide 8 dental carrier to provide funds to continue the donated 9 dental services program patterned after the projects 10 developed by the lifeline network to provide dental 11 services to indigent individuals who are elderly or 12 with disabilities. 13 e. Of the funds appropriated in this subsection, 14 $55,997 $111,995 shall be used for childhood obesity 15 prevention. 16 f. Of the funds appropriated in this subsection, 17 $81,384 $162,768 shall be used to provide audiological 18 services and hearing aids for children. The department 19 may enter into a contract to administer this paragraph. 20 g. Of the funds appropriated in this subsection, 21 $12,500 $25,000 is transferred to the university of 22 Iowa college of dentistry for provision of primary 23 dental services to children. State funds shall be 24 matched on a dollar-for-dollar basis. The university 25 of Iowa college of dentistry shall coordinate efforts 26 with the department of public health, bureau of oral 27 and health delivery systems, to provide dental care to 28 underserved populations throughout the state. 29 h. Of the funds appropriated in this subsection, 30 $25,000 $50,000 shall be used to address youth suicide 31 prevention. 32 i. Of the funds appropriated in this subsection, 33 $25,000 $50,000 shall be used to support the Iowa 34 effort to address the survey of children who experience 35 -11- HF2460.3823.S (2) 86 jh 11/ 161
adverse childhood experiences known as ACEs. 1 j. The department of public health shall continue 2 to administer the program to assist parents in this 3 state with costs resulting from the death of a child 4 in accordance with the provisions of 2014 Iowa Acts, 5 chapter 1140, section 22, subsection 12 . 6 3. CHRONIC CONDITIONS 7 For serving individuals identified as having chronic 8 conditions or special health care needs, and for not 9 more than the following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,477,846 11 5,080,692 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 13 a. Of the funds appropriated in this subsection, 14 $79,966 $159,932 shall be used for grants to individual 15 patients who have an inherited metabolic disorder to 16 assist with the costs of medically necessary foods and 17 formula. 18 b. Of the funds appropriated in this subsection, 19 $445,822 $1,041,644 shall be used for the brain 20 injury services program pursuant to section 135.22B , 21 including for continuation of the contracts for 22 resource facilitator services in accordance with 23 section 135.22B, subsection 9 , and to enhance brain 24 injury training and recruitment of service providers 25 on a statewide basis. Of the amount allocated in this 26 paragraph, $47,500 $95,000 shall be used to fund one 27 full-time equivalent position to serve as the state 28 brain injury services program manager. 29 c. Of the funds appropriated in this subsection, 30 $273,991 $547,982 shall be used as additional funding 31 to leverage federal funding through the federal Ryan 32 White Care Act, Tit. II, AIDS drug assistance program 33 supplemental drug treatment grants. 34 d. Of the funds appropriated in this subsection, 35 -12- HF2460.3823.S (2) 86 jh 12/ 161
$74,911 $149,823 shall be used for the public 1 purpose of continuing to contract with an existing 2 national-affiliated organization to provide education, 3 client-centered programs, and client and family support 4 for people living with epilepsy and their families. 5 The amount allocated in this paragraph in excess of 6 $50,000 $100,000 shall be matched dollar-for-dollar by 7 the organization specified. 8 e. Of the funds appropriated in this subsection, 9 $392,557 $785,114 shall be used for child health 10 specialty clinics. 11 f. Of the funds appropriated in this subsection, 12 $200,000 $400,000 shall be used by the regional 13 autism assistance program established pursuant to 14 section 256.35 , and administered by the child health 15 specialty clinic located at the university of Iowa 16 hospitals and clinics. The funds shall be used to 17 enhance interagency collaboration and coordination of 18 educational, medical, and other human services for 19 persons with autism, their families, and providers of 20 services, including delivering regionalized services of 21 care coordination, family navigation, and integration 22 of services through the statewide system of regional 23 child health specialty clinics and fulfilling other 24 requirements as specified in chapter 225D . The 25 university of Iowa shall not receive funds allocated 26 under this paragraph for indirect costs associated with 27 the regional autism assistance program. 28 g. Of the funds appropriated in this subsection, 29 $285,496 $594,543 shall be used for the comprehensive 30 cancer control program to reduce the burden of cancer 31 in Iowa through prevention, early detection, effective 32 treatment, and ensuring quality of life. Of the funds 33 allocated in this paragraph “g”, $75,000 $150,000 34 shall be used to support a melanoma research symposium, 35 -13- HF2460.3823.S (2) 86 jh 13/ 161
a melanoma biorepository and registry, basic and 1 translational melanoma research, and clinical trials. 2 h. Of the funds appropriated in this subsection, 3 $63,225 $101,450 shall be used for cervical and colon 4 cancer screening, and $150,000 $300,000 shall be 5 used to enhance the capacity of the cervical cancer 6 screening program to include provision of recommended 7 prevention and early detection measures to a broader 8 range of low-income women. 9 i. Of the funds appropriated in this subsection, 10 $263,347 $526,695 shall be used for the center for 11 congenital and inherited disorders. 12 j. Of the funds appropriated in this subsection, 13 $64,705 $129,411 shall be used for the prescription 14 drug donation repository program created in chapter 15 135M . 16 k. Of the funds appropriated in this subsection, 17 $107,631 $215,263 shall be used by the department of 18 public health for reform-related activities, including 19 but not limited to facilitation of communication 20 to stakeholders at the state and local level, 21 administering the patient-centered health advisory 22 council pursuant to section 135.159 , and involvement 23 in health care system innovation activities occurring 24 across the state. 25 l. Of the funds appropriated in this subsection, 26 $12,500 $25,000 shall be used for administration of 27 chapter 124D , the medical cannabidiol Act. 28 4. COMMUNITY CAPACITY 29 For strengthening the health care delivery system at 30 the local level, and for not more than the following 31 full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,410,667 33 7,339,136 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.00 35 -14- HF2460.3823.S (2) 86 jh 14/ 161
13.00 1 a. Of the funds appropriated in this subsection, 2 $49,707 $99,414 is allocated for continuation of the 3 child vision screening program implemented through 4 the university of Iowa hospitals and clinics in 5 collaboration with early childhood Iowa areas. The 6 program shall submit a report to the individuals 7 identified in this Act for submission of reports 8 regarding the use of funds allocated under this 9 paragraph “a”. The report shall include the objectives 10 and results for the program year including the target 11 population and how the funds allocated assisted the 12 program in meeting the objectives; the number, age, and 13 location within the state of individuals served; the 14 type of services provided to the individuals served; 15 the distribution of funds based on service provided; 16 and the continuing needs of the program. 17 b. Of the funds appropriated in this subsection, 18 $55,328 $110,656 is allocated for continuation of an 19 initiative implemented at the university of Iowa and 20 $49,952 $99,904 is allocated for continuation of an 21 initiative at the state mental health institute at 22 Cherokee to expand and improve the workforce engaged in 23 mental health treatment and services. The initiatives 24 shall receive input from the university of Iowa, the 25 department of human services, the department of public 26 health, and the mental health and disability services 27 commission to address the focus of the initiatives. 28 c. Of the funds appropriated in this subsection, 29 $582,314 $1,164,628 shall be used for essential public 30 health services that promote healthy aging throughout 31 one’s lifespan, contracted through a formula for local 32 boards of health, to enhance health promotion and 33 disease prevention services. 34 d. Of the funds appropriated in this section 35 -15- HF2460.3823.S (2) 86 jh 15/ 161
subsection , $49,643 $99,286 shall be deposited in the 1 governmental public health system fund created in 2 section 135A.8 to be used for the purposes of the fund. 3 e. Of the funds appropriated in this subsection, 4 $52,724 shall be used to continue to address the 5 shortage of mental health professionals in the state. 6 f. Of the funds appropriated in this subsection, 7 $25,000 $50,000 shall be used for a grant to a 8 statewide association of psychologists that is 9 affiliated with the American psychological association 10 to be used for continuation of a program to rotate 11 intern psychologists in placements in urban and rural 12 mental health professional shortage areas, as defined 13 in section 135.180 . 14 g. (1) Of the funds appropriated in this 15 subsection, $1,441,484 $1,210,770 shall be allocated 16 as a grant to the Iowa primary care association to 17 be used pursuant to section 135.153 for the statewide 18 coordination of the Iowa collaborative safety net 19 provider network. Coordination of the network shall 20 focus on increasing access by underserved populations 21 to health care services, increasing integration of the 22 health system and collaboration across the continuum of 23 care with a focus on safety net services, and enhancing 24 the Iowa collaborative safety net provider network’s 25 communication and education efforts. The amount 26 allocated as a grant under this subparagraph (1) shall 27 be used as follows to support the Iowa collaborative 28 safety net provider network goals of increased access, 29 health system integration, and engagement: 30 (a) For distribution to safety net partners in the 31 state that work to increase access of the underserved 32 population to health services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 512,742 34 1,025,485 35 -16- HF2460.3823.S (2) 86 jh 16/ 161
(i) Of the amount allocated in this subparagraph 1 division (a), up to not less than $206,707 $413,415 2 shall be distributed to the Iowa prescription drug 3 corporation for continuation of the pharmaceutical 4 infrastructure for safety net providers as described in 5 2007 Iowa Acts, chapter 218, section 108 . 6 (ii) Of the amount allocated in this subparagraph 7 division (a), up to not less than $174,161 $348,322 8 shall be distributed to free clinics and free clinics 9 of Iowa for necessary infrastructure, statewide 10 coordination, provider recruitment, service delivery, 11 and provision of assistance to patients in securing a 12 medical home inclusive of oral health care. 13 (iii) Of the amount allocated in this subparagraph 14 division (a), up to not less than $25,000 $50,000 15 shall be distributed to the Iowa coalition against 16 sexual assault to continue a training program for 17 sexual assault response team (SART) members, including 18 representatives of law enforcement, victim advocates, 19 prosecutors, and certified medical personnel. 20 (iv) Of the amount allocated in this subparagraph 21 division (a), up to not less than $106,874 $213,748 22 shall be distributed to the Polk county medical 23 society for continuation of the safety net provider 24 patient access to a specialty health care initiative as 25 described in 2007 Iowa Acts, chapter 218, section 109 . 26 (c) For distribution to safety net partners in the 27 state that work to serve as a resource for credible, 28 accurate information on health care-related needs 29 and services for vulnerable populations in the state 30 including the Iowa association of rural health clinics 31 for necessary infrastructure and service delivery 32 transformation and the Iowa primary care association 33 to support partner engagement, program management, and 34 statewide coordination of the network: 35 -17- HF2460.3823.S (2) 86 jh 17/ 161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 92,642 1 185,285 2 (2) The amount allocated under this paragraph 3 “g” shall not be reduced for administrative or other 4 costs prior to distribution. The Iowa collaborative 5 safety net provider network may continue to distribute 6 funds allocated pursuant to this paragraph “g” through 7 existing contracts or renewal of existing contracts. 8 (3) For each goal of the Iowa collaborative safety 9 net provider network, the Iowa primary care association 10 shall submit a progress report to the individuals 11 designated in this Act for submission of reports by 12 December 15, 2016, including progress in developing 13 and implementing the network, how the funds were 14 distributed and used in developing and implementing the 15 network, and the remaining needs identified to fully 16 develop and implement the network. 17 h. Of the funds appropriated in this subsection, 18 $106,700 $213,400 shall be used for continuation of 19 the work of the direct care worker advisory council 20 established pursuant to 2008 Iowa Acts, chapter 1188, 21 section 69 , in implementing the recommendations in 22 the final report submitted by the advisory council to 23 the governor and the general assembly in March 2012, 24 including by continuing to develop, promote, and make 25 available on a statewide basis the prepare-to-care core 26 curriculum and its associated modules and specialties 27 through various formats including online access, 28 community colleges, and other venues; exploring 29 new and maintaining existing specialties including 30 but not limited to oral health and dementia care; 31 supporting instructor training; and assessing and 32 making recommendations concerning the Iowa care book 33 and information technology systems and infrastructure 34 uses and needs. 35 -18- HF2460.3823.S (2) 86 jh 18/ 161
i. (1) Of the funds appropriated in this 1 subsection, $108,187 $216,375 shall be used for 2 allocation to allocated for continuation of the 3 contract with an independent statewide direct care 4 worker organization previously selected through a 5 request for proposals process. The contract shall 6 continue to include performance and outcomes measures, 7 and shall continue to allow the contractor to use 8 a portion of the funds received under the contract 9 to collect data to determine results based on the 10 performance and outcomes measures. 11 (2) Of the funds appropriated in this subsection, 12 $37,500 $75,000 shall be used to provide scholarships 13 or other forms of subsidization for direct care 14 worker educational conferences, training, or outreach 15 activities. 16 j. Of the funds appropriated in this subsection, 17 the department may use up to $29,087 $58,175 for up to 18 one full-time equivalent position to administer the 19 volunteer health care provider program pursuant to 20 section 135.24 . 21 k. Of the funds appropriated in this subsection, 22 $50,000 $100,000 shall be used for a matching dental 23 education loan repayment program to be allocated 24 to a dental nonprofit health service corporation to 25 continue to develop the criteria and implement the loan 26 repayment program. 27 l. Of the funds appropriated in this subsection, 28 $52,911 $105,823 is transferred to the college student 29 aid commission for deposit in the rural Iowa primary 30 care trust fund created in section 261.113 to be used 31 for the purposes of the fund. 32 m. Of the funds appropriated in this subsection, 33 $125,000 $250,000 shall be used for the purposes of the 34 Iowa donor registry as specified in section 142C.18 . 35 -19- HF2460.3823.S (2) 86 jh 19/ 161
n. Of the funds appropriated in this subsection, 1 $50,000 $100,000 shall be used for continuation of 2 a grant to a nationally affiliated volunteer eye 3 organization that has an established program for 4 children and adults and that is solely dedicated to 5 preserving sight and preventing blindness through 6 education, nationally certified vision screening and 7 training, and community and patient service programs. 8 The organization shall submit a report to the 9 individuals identified in this Act for submission of 10 reports regarding the use of funds allocated under this 11 paragraph “n”. The report shall include the objectives 12 and results for the program year including the target 13 population and how the funds allocated assisted the 14 program in meeting the objectives; the number, age, and 15 location within the state of individuals served; the 16 type of services provided to the individuals served; 17 the distribution of funds based on services provided; 18 and the continuing needs of the program. 19 o. Of the funds appropriated in this subsection, 20 $1,000,000 $2,000,000 shall be deposited in the medical 21 residency training account created in section 135.175, 22 subsection 5, paragraph “a” , and is appropriated from 23 the account to the department of public health to be 24 used for the purposes of the medical residency training 25 state matching grants program as specified in section 26 135.176 . However, notwithstanding any provision to the 27 contrary in section 135.176 , priority in the awarding 28 of grants for the fiscal year beginning July 1, 2016, 29 shall be given to sponsors approved but not funded in 30 the prior fiscal year competitive procurement process 31 that proposed preference in the use of the grant funds 32 for internal medicine positions, and priority in the 33 awarding of the remaining moneys shall be given to 34 sponsors that propose preference in the use of the 35 -20- HF2460.3823.S (2) 86 jh 20/ 161
grant funds for psychiatric residency positions and 1 family practice residency positions. 2 p. Of the funds appropriated in this subsection, 3 $78,309 $156,619 is allocated to the university of 4 Iowa hospitals and clinics to continue a systematic 5 and evidence-based practice collaborative care model 6 to improve outcomes of mental health treatment in 7 primary care settings in the state. Funds shall be 8 used to establish the collaborative care model in 9 several primary care practices in rural and urban areas 10 throughout the state, to provide staffing to administer 11 the model, and to provide staff training and database 12 management to track and manage patient outcomes. 13 q. Of the funds appropriated in this subsection, 14 $100,000 shall be used by the department of public 15 health to develop recommendations to be submitted in 16 a report by December 15, 2016, as otherwise described 17 in this division of this Act, including those for 18 a broader, more systematic and strategic workforce 19 initiative, which may include a comprehensive study of 20 workforce program needs and the establishment of an 21 advisory workgroup. 22 5. HEALTHY AGING 23 To provide public health services that reduce risks 24 and invest in promoting and protecting good health over 25 the course of a lifetime with a priority given to older 26 Iowans and vulnerable populations: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,648,571 28 7,297,142 29 6. INFECTIOUS DISEASES 30 For reducing the incidence and prevalence of 31 communicable diseases, and for not more than the 32 following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 667,577 34 1,335,155 35 -21- HF2460.3823.S (2) 86 jh 21/ 161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 1 7. PUBLIC PROTECTION 2 For protecting the health and safety of the 3 public through establishing standards and enforcing 4 regulations, and for not more than the following 5 full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,169,595 7 4,399,191 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 136.00 9 137.00 10 a. Of the funds appropriated in this subsection, 11 not more than $227,350 $454,700 shall be credited to 12 the emergency medical services fund created in section 13 135.25 . Moneys in the emergency medical services fund 14 are appropriated to the department to be used for the 15 purposes of the fund. 16 b. Of the funds appropriated in this subsection, 17 $101,516 $203,032 shall be used for sexual violence 18 prevention programming through a statewide organization 19 representing programs serving victims of sexual 20 violence through the department’s sexual violence 21 prevention program. The amount allocated in this 22 paragraph “b” shall not be used to supplant funding 23 administered for other sexual violence prevention or 24 victims assistance programs. 25 c. Of the funds appropriated in this subsection, 26 $299,375 $598,751 shall be used for the state poison 27 control center. Pursuant to the directive under 2014 28 Iowa Acts, chapter 1140, section 102 , the federal 29 matching funds available to the state poison control 30 center from the department of human services under 31 the federal Children’s Health Insurance Program 32 Reauthorization Act allotment shall be subject to 33 the federal administrative cap rule of 10 percent 34 applicable to funding provided under Tit. XXI of the 35 -22- HF2460.3823.S (2) 86 jh 22/ 161
federal Social Security Act and included within the 1 department’s calculations of the cap. 2 d. Of the funds appropriated in this subsection, 3 $268,875 $537,750 shall be used for childhood lead 4 poisoning provisions. 5 8. RESOURCE MANAGEMENT 6 For establishing and sustaining the overall 7 ability of the department to deliver services to the 8 public, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 427,536 11 1,005,072 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 13 9. MISCELLANEOUS PROVISIONS 14 a. The university of Iowa hospitals and clinics 15 under the control of the state board of regents shall 16 not receive indirect costs from the funds appropriated 17 in this section. The university of Iowa hospitals and 18 clinics billings to the department shall be on at least 19 a quarterly basis. 20 b. The department of public health shall conduct a 21 sampling of the entities to which appropriated funds 22 are allocated, granted, or otherwise distributed under 23 this section and shall require such entities to submit 24 a progress report to the department by September 1, 25 2016, which includes the objectives and results of the 26 program since the initial receipt of state funding and 27 how the funds are assisting the program in meeting the 28 objectives, specifying the target population served 29 and the type of services provided, and identifying 30 the continuing needs of the recipient entity and the 31 service population. The department shall review the 32 information reported and shall make recommendations to 33 the governor and the general assembly by December 15, 34 2016, to realign, bundle, or otherwise redistribute 35 -23- HF2460.3823.S (2) 86 jh 23/ 161
funding to meet the needs identified and improve 1 services during the subsequent fiscal year. 2 c. The department of public health shall submit a 3 report to the individuals identified in this Act for 4 submission of reports by December 15, 2016, regarding 5 a proposal for realigning, bundling, redistributing, 6 or otherwise adjusting the department’s funding 7 streams to reflect the department’s priorities and 8 goals and to provide increased flexibility in the 9 distribution of funding to meet these priorities 10 and goals. The proposal shall specifically include 11 recommendations for a broader, more systematic and 12 strategic workforce initiative which may include a 13 comprehensive study of workforce program needs and the 14 establishment of an advisory workgroup. The proposal 15 shall also specifically include strategies, developed 16 in collaboration with the department of education, to 17 encourage elementary and secondary education students 18 to pursue careers in the fields of health and health 19 care. 20 DIVISION IV 21 DEPARTMENT OF VETERANS AFFAIRS —— FY 2016-2017 22 Sec. 4. 2015 Iowa Acts, chapter 137, section 124, 23 is amended to read as follows: 24 SEC. 124. DEPARTMENT OF VETERANS AFFAIRS. There 25 is appropriated from the general fund of the state to 26 the department of veterans affairs for the fiscal year 27 beginning July 1, 2016, and ending June 30, 2017, the 28 following amounts, or so much thereof as is necessary, 29 to be used for the purposes designated: 30 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 31 For salaries, support, maintenance, and 32 miscellaneous purposes, and for not more than the 33 following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,273 35 -24- HF2460.3823.S (2) 86 jh 24/ 161
1,200,546 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 2 2. IOWA VETERANS HOME 3 For salaries, support, maintenance, and 4 miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,797,498 6 7,594,996 7 a. The Iowa veterans home billings involving the 8 department of human services shall be submitted to the 9 department on at least a monthly basis. 10 c. Within available resources and in conformance 11 with associated state and federal program eligibility 12 requirements, the Iowa veterans home may implement 13 measures to provide financial assistance to or 14 on behalf of veterans or their spouses who are 15 participating in the community reentry program. 16 e. The Iowa veterans home shall expand the annual 17 discharge report to also include applicant information 18 and to provide for the collection of demographic 19 information including but not limited to the number 20 of individuals applying for admission and admitted or 21 denied admittance and the basis for the admission or 22 denial; the age, gender, and race of such individuals; 23 and the level of care for which such individuals 24 applied for admission including residential or nursing 25 level of care. 26 3. HOME OWNERSHIP ASSISTANCE PROGRAM 27 For transfer to the Iowa finance authority for the 28 continuation of the home ownership assistance program 29 for persons who are or were eligible members of the 30 armed forces of the United States, pursuant to section 31 16.54 : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,250,000 33 2,500,000 34 Sec. 5. 2015 Iowa Acts, chapter 137, section 125, 35 -25- HF2460.3823.S (2) 86 jh 25/ 161
is amended to read as follows: 1 SEC. 125. LIMITATION OF COUNTY 2 COMMISSIONS OF VETERAN AFFAIRS FUND STANDING 3 APPROPRIATIONS. Notwithstanding the standing 4 appropriation in section 35A.16 for the fiscal year 5 beginning July 1, 2016, and ending June 30, 2017, the 6 amount appropriated from the general fund of the state 7 pursuant to that section for the following designated 8 purposes shall not exceed the following amount: 9 For the county commissions of veteran affairs fund 10 under section 35A.16 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 12 990,000 13 DIVISION V 14 DEPARTMENT OF HUMAN SERVICES —— FY 2016-2017 15 Sec. 6. 2015 Iowa Acts, chapter 137, section 126, 16 is amended to read as follows: 17 SEC. 126. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 18 BLOCK GRANT. There is appropriated from the fund 19 created in section 8.41 to the department of human 20 services for the fiscal year beginning July 1, 2016, 21 and ending June 30, 2017, from moneys received under 22 the federal temporary assistance for needy families 23 (TANF) block grant pursuant to the federal Personal 24 Responsibility and Work Opportunity Reconciliation 25 Act of 1996, Pub. L. No. 104-193, and successor 26 legislation, the following amounts, or so much 27 thereof as is necessary, to be used for the purposes 28 designated: 29 1. To be credited to the family investment program 30 account and used for assistance under the family 31 investment program under chapter 239B : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,568,497 33 5,112,462 34 2. To be credited to the family investment program 35 -26- HF2460.3823.S (2) 86 jh 26/ 161
account and used for the job opportunities and 1 basic skills (JOBS) program and implementing family 2 investment agreements in accordance with chapter 239B : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,069,089 4 5,575,693 5 3. To be used for the family development and 6 self-sufficiency grant program in accordance with 7 section 216A.107 : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,449,490 9 2,898,980 10 Notwithstanding section 8.33 , moneys appropriated in 11 this subsection that remain unencumbered or unobligated 12 at the close of the fiscal year shall not revert but 13 shall remain available for expenditure for the purposes 14 designated until the close of the succeeding fiscal 15 year. However, unless such moneys are encumbered or 16 obligated on or before September 30, 2016 2017 , the 17 moneys shall revert. 18 4. For field operations: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,648,116 20 35,774,331 21 5. For general administration: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,000 23 3,744,000 24 6. For state child care assistance: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,523,555 26 46,866,826 27 a. Of the funds appropriated in this subsection, 28 $13,164,048 $26,328,097 is transferred to the child 29 care and development block grant appropriation made 30 by the Eighty-sixth General Assembly, 2016 Session, 31 for the federal fiscal year beginning October 1, 32 2016, and ending September 30, 2017. Of this amount, 33 $100,000 $200,000 shall be used for provision of 34 educational opportunities to registered child care 35 -27- HF2460.3823.S (2) 86 jh 27/ 161
home providers in order to improve services and 1 programs offered by this category of providers and 2 to increase the number of providers. The department 3 may contract with institutions of higher education or 4 child care resource and referral centers to provide the 5 educational opportunities. Allowable administrative 6 costs under the contracts shall not exceed 5 percent. 7 The application for a grant shall not exceed two pages 8 in length. 9 b. Any funds appropriated in this subsection 10 remaining unallocated shall be used for state child 11 care assistance payments for families who are employed 12 including but not limited to individuals enrolled in 13 the family investment program. 14 7. For distribution to counties and regions through 15 the property tax relief fund for mental health and 16 disability services as provided in an appropriation 17 made for this purpose: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,447,026 19 8. For child and family services: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,042,215 21 36,256,580 22 9. For child abuse prevention grants: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 24 125,000 25 10. For pregnancy prevention grants on the 26 condition that family planning services are funded: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 965,033 28 1,930,067 29 Pregnancy prevention grants shall be awarded to 30 programs in existence on or before July 1, 2016, if the 31 programs have demonstrated positive outcomes. Grants 32 shall be awarded to pregnancy prevention programs 33 which are developed after July 1, 2016, if the programs 34 are based on existing models that have demonstrated 35 -28- HF2460.3823.S (2) 86 jh 28/ 161
positive outcomes. Grants shall comply with the 1 requirements provided in 1997 Iowa Acts, chapter 2 208, section 14, subsections 1 and 2 , including the 3 requirement that grant programs must emphasize sexual 4 abstinence. Priority in the awarding of grants shall 5 be given to programs that serve areas of the state 6 which demonstrate the highest percentage of unplanned 7 pregnancies of females of childbearing age within the 8 geographic area to be served by the grant. 9 11. For technology needs and other resources 10 necessary to meet federal welfare reform reporting, 11 tracking, and case management requirements: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 518,593 13 1,037,186 14 12. For the family investment program share of 15 the costs to continue to develop and maintain a new, 16 integrated eligibility determination system: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,327,440 18 6,654,880 19 13. a. Notwithstanding any provision to the 20 contrary, including but not limited to requirements 21 in section 8.41 or provisions in 2015 or 2016 Iowa 22 Acts regarding the receipt and appropriation of 23 federal block grants, federal funds from the temporary 24 assistance for needy families block grant received 25 by the state and not otherwise appropriated in this 26 section and remaining available for the fiscal year 27 beginning July 1, 2016, are appropriated to the 28 department of human services to the extent as may 29 be necessary to be used in the following priority 30 order: the family investment program, for state child 31 care assistance program payments for families who are 32 employed, and for the family investment program share 33 of costs to develop and maintain a new, integrated 34 eligibility determination system. The federal funds 35 -29- HF2460.3823.S (2) 86 jh 29/ 161
appropriated in this paragraph “a” shall be expended 1 only after all other funds appropriated in subsection 2 1 for the assistance under the family investment 3 program, in subsection 6 for child care assistance, 4 or in subsection 12 for the family investment program 5 share of the costs to continue to develop and 6 maintain a new, integrated eligibility determination 7 system, as applicable, have been expended. For the 8 purposes of this subsection, the funds appropriated 9 in subsection 6, paragraph “a”, for transfer to the 10 child care and development block grant appropriation 11 are considered fully expended when the full amount has 12 been transferred. 13 b. The department shall, on a quarterly basis, 14 advise the legislative services agency and department 15 of management of the amount of funds appropriated in 16 this subsection that was expended in the prior quarter. 17 14. Of the amounts appropriated in this section, 18 $6,481,004 $12,962,008 for the fiscal year beginning 19 July 1, 2016, is transferred to the appropriation of 20 the federal social services block grant made to the 21 department of human services for that fiscal year. 22 15. For continuation of the program providing 23 categorical eligibility for the food assistance program 24 as specified for the program in the section of this 25 division of this 2016 Act relating to the family 26 investment program account: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500 28 25,000 29 16. The department may transfer funds allocated 30 in this section to the appropriations made in this 31 division of this Act for the same fiscal year for 32 general administration and field operations for 33 resources necessary to implement and operate the 34 services referred to in this section and those funded 35 -30- HF2460.3823.S (2) 86 jh 30/ 161
in the appropriation made in this division of this Act 1 for the same fiscal year for the family investment 2 program from the general fund of the state. 3 Sec. 7. 2015 Iowa Acts, chapter 137, section 127, 4 is amended to read as follows: 5 SEC. 127. FAMILY INVESTMENT PROGRAM ACCOUNT. 6 1. Moneys credited to the family investment program 7 (FIP) account for the fiscal year beginning July 8 1, 2016, and ending June 30, 2017, shall be used to 9 provide assistance in accordance with chapter 239B . 10 2. The department may use a portion of the moneys 11 credited to the FIP account under this section as 12 necessary for salaries, support, maintenance, and 13 miscellaneous purposes. 14 3. The department may transfer funds allocated 15 in subsection 4 to the appropriations made in this 16 division of this Act for the same fiscal year for 17 general administration and field operations for 18 resources necessary to implement and operate the family 19 investment program services referred to in this section 20 and those funded in the appropriation made in this 21 division of this Act for the same fiscal year for the 22 family investment program from the general fund of the 23 state. 24 4. Moneys appropriated in this division of this Act 25 and credited to the FIP account for the fiscal year 26 beginning July 1, 2016, and ending June 30, 2017, are 27 allocated as follows: 28 a. To be retained by the department of human 29 services to be used for coordinating with the 30 department of human rights to more effectively serve 31 participants in FIP and other shared clients and to 32 meet federal reporting requirements under the federal 33 temporary assistance for needy families block grant: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 35 -31- HF2460.3823.S (2) 86 jh 31/ 161
20,000 1 b. To the department of human rights for staffing, 2 administration, and implementation of the family 3 development and self-sufficiency grant program in 4 accordance with section 216A.107 : 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,096,417 6 6,192,834 7 (1) Of the funds allocated for the family 8 development and self-sufficiency grant program in this 9 paragraph “b”, not more than 5 percent of the funds 10 shall be used for the administration of the grant 11 program. 12 (2) The department of human rights may continue to 13 implement the family development and self-sufficiency 14 grant program statewide during fiscal year 2016-2017. 15 (3) The department of human rights may engage in 16 activities to strengthen and improve family outcomes 17 measures and data collection systems under the family 18 development and self-sufficiency grant program. 19 c. For the diversion subaccount of the FIP account: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 407,500 21 815,000 22 A portion of the moneys allocated for the subaccount 23 may be used for field operations, salaries, data 24 management system development, and implementation 25 costs and support deemed necessary by the director of 26 human services in order to administer the FIP diversion 27 program. To the extent moneys allocated in this 28 paragraph “c” are not deemed by the department to be 29 necessary to support diversion activities, such moneys 30 may be used for other efforts intended to increase 31 engagement by family investment program participants in 32 work, education, or training activities. 33 d. For the food assistance employment and training 34 program: 35 -32- HF2460.3823.S (2) 86 jh 32/ 161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,294 1 66,588 2 (1) The department shall apply the federal 3 supplemental nutrition assistance program (SNAP) 4 employment and training state plan in order to maximize 5 to the fullest extent permitted by federal law the use 6 of the 50 percent federal reimbursement provisions 7 for the claiming of allowable federal reimbursement 8 funds from the United States department of agriculture 9 pursuant to the federal SNAP employment and training 10 program for providing education, employment, and 11 training services for eligible food assistance program 12 participants, including but not limited to related 13 dependent care and transportation expenses. 14 (2) The department shall continue the categorical 15 federal food assistance program eligibility at 160 16 percent of the federal poverty level and continue to 17 eliminate the asset test from eligibility requirements, 18 consistent with federal food assistance program 19 requirements. The department shall include as many 20 food assistance households as is allowed by federal 21 law. The eligibility provisions shall conform to all 22 federal requirements including requirements addressing 23 individuals who are incarcerated or otherwise 24 ineligible. 25 e. For the JOBS program: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,770,199 27 16,129,101 28 5. Of the child support collections assigned under 29 FIP, an amount equal to the federal share of support 30 collections shall be credited to the child support 31 recovery appropriation made in this division of this 32 Act. Of the remainder of the assigned child support 33 collections received by the child support recovery 34 unit, a portion shall be credited to the FIP account, 35 -33- HF2460.3823.S (2) 86 jh 33/ 161
a portion may be used to increase recoveries, and a 1 portion may be used to sustain cash flow in the child 2 support payments account. If as a consequence of the 3 appropriations and allocations made in this section 4 the resulting amounts are insufficient to sustain 5 cash assistance payments and meet federal maintenance 6 of effort requirements, the department shall seek 7 supplemental funding. If child support collections 8 assigned under FIP are greater than estimated or are 9 otherwise determined not to be required for maintenance 10 of effort, the state share of either amount may 11 be transferred to or retained in the child support 12 payments account. 13 6. The department may adopt emergency rules for the 14 family investment, JOBS, food assistance, and medical 15 assistance programs if necessary to comply with federal 16 requirements. 17 Sec. 8. 2015 Iowa Acts, chapter 137, section 128, 18 is amended to read as follows: 19 SEC. 128. FAMILY INVESTMENT PROGRAM GENERAL 20 FUND. There is appropriated from the general fund of 21 the state to the department of human services for the 22 fiscal year beginning July 1, 2016, and ending June 30, 23 2017, the following amount, or so much thereof as is 24 necessary, to be used for the purpose designated: 25 To be credited to the family investment program 26 (FIP) account and used for family investment program 27 assistance under chapter 239B : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,336,937 29 48,673,875 30 1. Of the funds appropriated in this section, 31 $3,701,110 $10,553,408 is allocated for the JOBS 32 program. 33 2. Of the funds appropriated in this section, 34 $1,656,927 $3,313,854 is allocated for the family 35 -34- HF2460.3823.S (2) 86 jh 34/ 161
development and self-sufficiency grant program. 1 3. Notwithstanding section 8.39 , for the fiscal 2 year beginning July 1, 2016, if necessary to meet 3 federal maintenance of effort requirements ; or to 4 transfer federal temporary assistance for needy 5 families block grant funding to be used for purposes 6 of the federal social services block grant ; or to meet 7 cash flow needs resulting from delays in receiving 8 federal funding ; or to implement, in accordance with 9 this division of this Act, activities currently funded 10 with juvenile court services, county, or community 11 moneys and state moneys used in combination with such 12 moneys ; to comply with federal requirements; or to 13 maximize the use of federal funds , the department of 14 human services may transfer funds within or between 15 any of the appropriations made in this division of 16 this Act and appropriations in law for the federal 17 social services block grant to the department for the 18 following purposes, provided that the combined amount 19 of state and federal temporary assistance for needy 20 families block grant funding for each appropriation 21 remains the same before and after the transfer: 22 a. For the family investment program. 23 b. For child care assistance. 24 c. For child and family services. 25 d. For field operations. 26 e. For general administration. 27 f. For distribution to counties or regions through 28 the property tax relief fund for mental health and 29 disability services as provided in an appropriation for 30 this purpose. 31 This subsection shall not be construed to prohibit 32 the use of existing state transfer authority for other 33 purposes. The department shall report any transfers 34 made pursuant to this subsection to the legislative 35 -35- HF2460.3823.S (2) 86 jh 35/ 161
services agency. 1 4. Of the funds appropriated in this section, 2 $97,839 $195,678 shall be used for continuation of a 3 grant to an Iowa-based nonprofit organization with a 4 history of providing tax preparation assistance to 5 low-income Iowans in order to expand the usage of the 6 earned income tax credit. The purpose of the grant is 7 to supply this assistance to underserved areas of the 8 state. 9 5. Of the funds appropriated in this section, 10 $30,000 $60,000 shall be used for the continuation 11 of an unfunded pilot project, as defined in 441 IAC 12 100.1, relating to parental obligations, in which the 13 child support recovery unit participates, to support 14 the efforts of a nonprofit organization committed to 15 strengthening the community through youth development, 16 healthy living, and social responsibility headquartered 17 in a county with a population over 350,000. The funds 18 allocated in this subsection shall be used by the 19 recipient organization to develop a larger community 20 effort, through public and private partnerships, 21 to support a broad-based multi-county fatherhood 22 initiative that promotes payment of child support 23 obligations, improved family relationships, and 24 full-time employment. 25 6. The department may transfer funds appropriated 26 in this section to the appropriations made in this 27 division of this Act for general administration and 28 field operations as necessary to administer this 29 section and the overall family investment program. 30 Sec. 9. 2015 Iowa Acts, chapter 137, section 129, 31 is amended to read as follows: 32 SEC. 129. CHILD SUPPORT RECOVERY. There is 33 appropriated from the general fund of the state to 34 the department of human services for the fiscal year 35 -36- HF2460.3823.S (2) 86 jh 36/ 161
beginning July 1, 2016, and ending June 30, 2017, the 1 following amount, or so much thereof as is necessary, 2 to be used for the purposes designated: 3 For child support recovery, including salaries, 4 support, maintenance, and miscellaneous purposes, and 5 for not more than the following full-time equivalent 6 positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,331,686 8 14,663,373 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 464.00 10 1. The department shall expend up to $12,164 11 $24,329 , including federal financial participation, for 12 the fiscal year beginning July 1, 2016, for a child 13 support public awareness campaign. The department and 14 the office of the attorney general shall cooperate in 15 continuation of the campaign. The public awareness 16 campaign shall emphasize, through a variety of media 17 activities, the importance of maximum involvement of 18 both parents in the lives of their children as well as 19 the importance of payment of child support obligations. 20 2. Federal access and visitation grant moneys shall 21 be issued directly to private not-for-profit agencies 22 that provide services designed to increase compliance 23 with the child access provisions of court orders, 24 including but not limited to neutral visitation sites 25 and mediation services. 26 3. The appropriation made to the department for 27 child support recovery may be used throughout the 28 fiscal year in the manner necessary for purposes of 29 cash flow management, and for cash flow management 30 purposes the department may temporarily draw more 31 than the amount appropriated, provided the amount 32 appropriated is not exceeded at the close of the fiscal 33 year. 34 4. With the exception of the funding amount 35 -37- HF2460.3823.S (2) 86 jh 37/ 161
specified, the requirements established under 2001 1 Iowa Acts, chapter 191, section 3, subsection 5, 2 paragraph “c” , subparagraph (3), shall be applicable 3 to parental obligation pilot projects for the fiscal 4 year beginning July 1, 2016, and ending June 30, 5 2017. Notwithstanding 441 IAC 100.8 , providing for 6 termination of rules relating to the pilot projects, 7 the rules shall remain in effect until June 30, 2017. 8 Sec. 10. 2015 Iowa Acts, chapter 137, section 132, 9 is amended to read as follows: 10 SEC. 132. MEDICAL ASSISTANCE. There is 11 appropriated from the general fund of the state to 12 the department of human services for the fiscal year 13 beginning July 1, 2016, and ending June 30, 2017, the 14 following amount, or so much thereof as is necessary, 15 to be used for the purpose designated: 16 For medical assistance program reimbursement and 17 associated costs as specifically provided in the 18 reimbursement methodologies in effect on June 30, 19 2016, except as otherwise expressly authorized by 20 law, consistent with options under federal law and 21 regulations, and contingent upon receipt of approval 22 from the office of the governor of reimbursement for 23 each abortion performed under the program: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 651,595,782 25 1,318,246,446 26 1. Iowans support reducing the number of abortions 27 performed in our state. Funds appropriated under 28 this section shall not be used for abortions, unless 29 otherwise authorized under this section. 30 2. The provisions of this section relating to 31 abortions shall also apply to the Iowa health and 32 wellness plan created pursuant to chapter 249N . 33 3. The department shall utilize not more than 34 $30,000 $60,000 of the funds appropriated in this 35 -38- HF2460.3823.S (2) 86 jh 38/ 161
section to continue the AIDS/HIV health insurance 1 premium payment program as established in 1992 Iowa 2 Acts, Second Extraordinary Session, chapter 1001, 3 section 409, subsection 6 . Of the funds allocated in 4 this subsection, not more than $2,500 $5,000 may be 5 expended for administrative purposes. 6 4. Of the funds appropriated in this Act to the 7 department of public health for addictive disorders, 8 $475,000 $950,000 for the fiscal year beginning July 9 1, 2016, is transferred to the department of human 10 services for an integrated substance-related disorder 11 managed care system. The department shall not assume 12 management of the substance-related disorder system 13 in place of the managed care contractor unless such 14 a change in approach is specifically authorized in 15 law. The departments of human services and public 16 health shall work together to maintain the level 17 of mental health and substance-related disorder 18 treatment services provided by the managed care 19 contractor through the Iowa plan for behavioral health 20 contractors . Each department shall take the steps 21 necessary to continue the federal waivers as necessary 22 to maintain the level of services. 23 5. a. The department shall aggressively pursue 24 options for providing medical assistance or other 25 assistance to individuals with special needs who become 26 ineligible to continue receiving services under the 27 early and periodic screening, diagnostic, and treatment 28 program under the medical assistance program due 29 to becoming 21 years of age who have been approved 30 for additional assistance through the department’s 31 exception to policy provisions, but who have health 32 care needs in excess of the funding available through 33 the exception to policy provisions. 34 b. Of the funds appropriated in this section, 35 -39- HF2460.3823.S (2) 86 jh 39/ 161
$50,000 $100,000 shall be used for participation in one 1 or more pilot projects operated by a private provider 2 to allow the individual or individuals to receive 3 service in the community in accordance with principles 4 established in Olmstead v. L.C., 527 U.S. 581 (1999), 5 for the purpose of providing medical assistance or 6 other assistance to individuals with special needs 7 who become ineligible to continue receiving services 8 under the early and periodic screening, diagnostic, and 9 treatment program under the medical assistance program 10 due to becoming 21 years of age who have been approved 11 for additional assistance through the department’s 12 exception to policy provisions, but who have health 13 care needs in excess of the funding available through 14 the exception to the policy provisions. 15 6. Of the funds appropriated in this section, up to 16 $1,525,041 $3,050,082 may be transferred to the field 17 operations or general administration appropriations 18 in this division of this Act for operational costs 19 associated with Part D of the federal Medicare 20 Prescription Drug Improvement and Modernization Act of 21 2003, Pub. L. No. 108-173. 22 7. Of the funds appropriated in this section, 23 up to $221,050 $442,100 may be transferred to the 24 appropriation in this division of this Act for medical 25 contracts to be used for clinical assessment services 26 and prior authorization of services. 27 8. A portion of the funds appropriated in this 28 section may be transferred to the appropriations in 29 this division of this Act for general administration, 30 medical contracts, the children’s health insurance 31 program, or field operations to be used for the 32 state match cost to comply with the payment error 33 rate measurement (PERM) program for both the medical 34 assistance and children’s health insurance programs 35 -40- HF2460.3823.S (2) 86 jh 40/ 161
as developed by the centers for Medicare and Medicaid 1 services of the United States department of health and 2 human services to comply with the federal Improper 3 Payments Information Act of 2002, Pub. L. No. 107-300. 4 9. The department shall continue to implement the 5 recommendations of the assuring better child health 6 and development initiative II (ABCDII) clinical panel 7 to the Iowa early and periodic screening, diagnostic, 8 and treatment services healthy mental development 9 collaborative board regarding changes to billing 10 procedures, codes, and eligible service providers. 11 10. Of the funds appropriated in this section, 12 a sufficient amount is allocated to supplement 13 the incomes of residents of nursing facilities, 14 intermediate care facilities for persons with mental 15 illness, and intermediate care facilities for persons 16 with an intellectual disability, with incomes of less 17 than $50 in the amount necessary for the residents to 18 receive a personal needs allowance of $50 per month 19 pursuant to section 249A.30A . 20 11. Of the funds appropriated in this section, the 21 following amounts are transferred to the appropriations 22 made in this division of this Act for the state mental 23 health institutes: 24 a. Cherokee mental health institute . $ 4,549,212 25 b. Independence mental health institute 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,522,947 27 12. a. Of the funds appropriated in this section, 28 $2,041,939 $3,000,000 is allocated for the state 29 match for a disproportionate share hospital payment of 30 $4,544,712 $6,861,848 to hospitals that meet both of 31 the conditions specified in subparagraphs (1) and (2). 32 In addition, the hospitals that meet the conditions 33 specified shall either certify public expenditures 34 or transfer to the medical assistance program an 35 -41- HF2460.3823.S (2) 86 jh 41/ 161
amount equal to provide the nonfederal share for a 1 disproportionate share hospital payment of $8,772,003 2 $19,771,582 . The hospitals that meet the conditions 3 specified shall receive and retain 100 percent of 4 the total disproportionate share hospital payment of 5 $13,316,715 $26,633,430 . 6 (1) The hospital qualifies for disproportionate 7 share and graduate medical education payments. 8 (2) The hospital is an Iowa state-owned hospital 9 with more than 500 beds and eight or more distinct 10 residency specialty or subspecialty programs recognized 11 by the American college of graduate medical education. 12 b. Distribution of the disproportionate share 13 payments shall be made on a monthly basis. The total 14 amount of disproportionate share payments including 15 graduate medical education, enhanced disproportionate 16 share, and Iowa state-owned teaching hospital payments 17 shall not exceed the amount of the state’s allotment 18 under Pub. L. No. 102-234. In addition, the total 19 amount of all disproportionate share payments shall not 20 exceed the hospital-specific disproportionate share 21 limits under Pub. L. No. 103-66. 22 c. The university of Iowa hospitals and clinics 23 shall either certify public expenditures or transfer 24 to the appropriations made in this division of this 25 Act for medical assistance an amount equal to provide 26 the nonfederal share for increased medical assistance 27 payments for inpatient and outpatient hospital services 28 of $4,950,000 $9,900,000 . The university of Iowa 29 hospitals and clinics shall receive and retain 100 30 percent of the total increase in medical assistance 31 payments. 32 d. Payment methodologies utilized for 33 disproportionate share hospitals and graduate medical 34 education, and other supplemental payments under 35 -42- HF2460.3823.S (2) 86 jh 42/ 161
the Medicaid program may be adjusted or converted to 1 other methodologies or payment types to provide these 2 payments through Medicaid managed care after April 1, 3 2016 . The department of human services shall obtain 4 approval from the centers for Medicare and Medicaid 5 services of the United States department of health and 6 human services prior to implementation of any such 7 adjusted or converted methodologies or payment types. 8 13. One hundred percent of the nonfederal share of 9 payments to area education agencies that are medical 10 assistance providers for medical assistance-covered 11 services provided to medical assistance-covered 12 children, shall be made from the appropriation made in 13 this section. 14 14. Any new or renewed contract entered into by the 15 department with a third party to administer services 16 under the medical assistance program shall provide 17 that any interest earned on payments from the state 18 during the state fiscal year shall be remitted to the 19 department and treated as recoveries to offset the 20 costs of the medical assistance program. 21 15. A portion of the funds appropriated in this 22 section may be transferred to the appropriation in this 23 division of this Act for medical contracts to be used 24 for administrative activities associated with the money 25 follows the person demonstration project. 26 16. Of the funds appropriated in this section, 27 $174,505 $349,011 shall be used for the administration 28 of the health insurance premium payment program, 29 including salaries, support, maintenance, and 30 miscellaneous purposes. 31 17. a. The department may increase the amounts 32 allocated for salaries, support, maintenance, and 33 miscellaneous purposes associated with the medical 34 assistance program, as necessary, to implement cost 35 -43- HF2460.3823.S (2) 86 jh 43/ 161
containment strategies. The department shall report 1 any such increase to the legislative services agency 2 and the department of management. 3 b. If the savings to the medical assistance program 4 from cost containment efforts exceed the cost for the 5 fiscal year beginning July 1, 2016, the department may 6 transfer any savings generated for the fiscal year due 7 to medical assistance program cost containment efforts 8 to the appropriation made in this division of this Act 9 for medical contracts or general administration to 10 defray the increased contract costs associated with 11 implementing such efforts. 12 18. For the fiscal year beginning July 1, 2016, 13 and ending June 30, 2017, the replacement generation 14 tax revenues required to be deposited in the property 15 tax relief fund pursuant to section 437A.8, subsection 16 4, paragraph “d” , and section 437A.15, subsection 17 3, paragraph “f” , shall instead be credited to and 18 supplement the appropriation made in this section and 19 used for the allocations made in this section. 20 19. The department shall continue to administer the 21 state balancing incentive payments program as specified 22 in 2012 Iowa Acts, chapter 1133, section 14 . 23 20. a. Of the funds appropriated in this section, 24 up to $25,000 $50,000 may be transferred by the 25 department to the appropriation made in this division 26 of this Act to the department for the same fiscal year 27 for general administration to be used for associated 28 administrative expenses and for not more than one 29 full-time equivalent position, in addition to those 30 authorized for the same fiscal year, to be assigned to 31 implementing the children’s mental health home project. 32 b. Of the funds appropriated in this section, 33 up to $200,000 $400,000 may be transferred by the 34 department to the appropriation made to the department 35 -44- HF2460.3823.S (2) 86 jh 44/ 161
in this division of this Act for the same fiscal year 1 for Medicaid program-related general administration 2 planning and implementation activities. The funds may 3 be used for contracts or for personnel in addition 4 to the amounts appropriated for and the positions 5 authorized for general administration for the fiscal 6 year. 7 c. Of the funds appropriated in this section, 8 up to $1,500,000 $3,000,000 may be transferred by 9 the department to the appropriations made in this 10 division of this Act for the same fiscal year for 11 general administration or medical contracts to be 12 used to support the development and implementation of 13 standardized assessment tools for persons with mental 14 illness, an intellectual disability, a developmental 15 disability, or a brain injury. 16 21. Of the funds appropriated in this section, 17 $125,000 $250,000 shall be used for lodging expenses 18 associated with care provided at the university of 19 Iowa hospitals and clinics for patients with cancer 20 whose travel distance is 30 miles or more and whose 21 income is at or below 200 percent of the federal 22 poverty level as defined by the most recently revised 23 poverty income guidelines published by the United 24 States department of health and human services. The 25 department of human services shall establish the 26 maximum number of overnight stays and the maximum rate 27 reimbursed for overnight lodging, which may be based on 28 the state employee rate established by the department 29 of administrative services. The funds allocated in 30 this subsection shall not be used as nonfederal share 31 matching funds. 32 23. The department of human services shall not 33 implement the following cost containment strategies 34 as recommended by the governor for the fiscal year 35 -45- HF2460.3823.S (2) 86 jh 45/ 161
beginning July 1, 2016: 1 a. A policy to ensure that reimbursement for 2 Medicare Part A and Medicare Part B crossover claims is 3 limited to the Medicaid reimbursement rate. 4 b. An adjustment to the reimbursement policy in 5 order to end the primary care physician rate increase 6 originally authorized by the federal Health Care and 7 Education Reconciliation Act of 2010, section 1202, 8 Pub. L. No. 111-152, 42 U.S.C. §1396a(a)(13)(C) that 9 allows qualified primary care physicians to receive 10 the greater of the Medicare rate or Medicaid rate for 11 a specified set of codes. 12 24. The department shall report the implementation 13 of any cost containment strategies to the individuals 14 specified in this division of this Act for submission 15 of reports upon implementation. 16 25. The department shall report the implementation 17 of any improved processing changes and any related 18 cost reductions to the individuals specified in this 19 division of this Act for submission of reports upon 20 implementation. 21 26. Of the funds appropriated in this section, 22 $2,000,000 shall be used to implement reductions in 23 the waiting lists of all medical assistance home and 24 community-based services waivers. 25 27. The department shall submit a report to the 26 individuals identified in this Act for submission of 27 reports, regarding the impact of changes in home and 28 community-based services waiver supported employment 29 and prevocational services by December 15, 2016. 30 28. Any dental benefit manager contracting with the 31 department of human services for the dental wellness 32 plan on or after July 1, 2016, shall meet the same 33 contract requirements. Readiness review of such a 34 dental benefit manager shall be based on the criteria 35 -46- HF2460.3823.S (2) 86 jh 46/ 161
applicable to the dental wellness plan when implemented 1 on May 1, 2014, including but not limited to network 2 adequacy, access to services, performance measures, 3 benefit design, and other requirements as determined by 4 the department for the dental wellness program. Any 5 dental benefit manager that has been approved by a 6 readiness review prior to July 1, 2016, shall not be 7 required to repeat such review for the department. 8 29. The department of human services shall review 9 the fiscal impact and potential benefit to Medicaid 10 recipients of including single-tablet regimens or 11 long-acting alternatives for various drug categories 12 on the preferred drug list, as an alternative to 13 multi-tablet regimens for these same drug categories. 14 The department shall pursue manufacturer supplemental 15 rebate offers to determine if opportunities are 16 available to align the cost of such single-tablet 17 regimens with the corresponding multi-tablet regimens. 18 The department shall submit the department’s findings 19 and recommendations to the individuals specified in 20 this Act for submission of reports by December 15, 21 2016. 22 Sec. 11. 2015 Iowa Acts, chapter 137, section 133, 23 is amended to read as follows: 24 SEC. 133. MEDICAL CONTRACTS. 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 2016, and ending June 30, 2017, the following amount, 28 or so much thereof as is necessary, to be used for the 29 purpose designated: 30 For medical contracts: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,806,982 32 17,045,964 33 1. The department of inspections and appeals 34 shall provide all state matching funds for survey and 35 -47- HF2460.3823.S (2) 86 jh 47/ 161
certification activities performed by the department 1 of inspections and appeals. The department of human 2 services is solely responsible for distributing the 3 federal matching funds for such activities. 4 2. Of the funds appropriated in this section, 5 $25,000 $50,000 shall be used for continuation of home 6 and community-based services waiver quality assurance 7 programs, including the review and streamlining of 8 processes and policies related to oversight and quality 9 management to meet state and federal requirements. 10 3. Of the amount appropriated in this section, 11 up to $100,000 $200,000 may be transferred to the 12 appropriation for general administration in this 13 division of this Act to be used for additional 14 full-time equivalent positions in the development 15 of key health initiatives such as cost containment, 16 development and oversight of managed care programs, 17 and development of health strategies targeted toward 18 improved quality and reduced costs in the Medicaid 19 program. 20 4. Of the funds appropriated in this section, 21 $500,000 $1,000,000 shall be used for planning and 22 development, in cooperation with the department of 23 public health, of a phased-in program to provide a 24 dental home for children. 25 5. Of the funds appropriated in this section, 26 $1,000,000 $2,000,000 shall be credited to the autism 27 support program fund created in section 225D.2 to be 28 used for the autism support program created in chapter 29 225D , with the exception of the following amounts of 30 this allocation which shall be used as follows: 31 a. Of the funds allocated in this subsection, 32 $125,000 $250,000 shall be deposited in the 33 board-certified behavior analyst and board-certified 34 assistant behavior analyst grants program fund created 35 -48- HF2460.3823.S (2) 86 jh 48/ 161
in section 135.181 , as enacted in this Act, to be used 1 for the purposes of the fund. 2 b. Of the funds allocated in this subsection, 3 $12,500 $25,000 shall be used for the public purpose 4 of continuation of a grant to a child welfare services 5 provider headquartered in a county with a population 6 between 205,000 and 215,000 in the latest certified 7 federal census that provides multiple services 8 including but not limited to a psychiatric medical 9 institution for children, shelter, residential 10 treatment, after school programs, school-based 11 programming, and an Asperger’s syndrome program, to 12 be used for support services for children with autism 13 spectrum disorder and their families. 14 c. Of the funds allocated in this subsection, 15 $12,500 $25,000 shall be used for the public purpose 16 of continuing a grant to a hospital-based provider 17 headquartered in a county with a population between 18 90,000 and 95,000 in the latest certified federal 19 census that provides multiple services including but 20 not limited to diagnostic, therapeutic, and behavioral 21 services to individuals with autism spectrum disorder 22 across one’s lifespan. The grant recipient shall 23 utilize the funds to continue the pilot project to 24 determine the necessary support services for children 25 with autism spectrum disorder and their families to 26 be included in the children’s disabilities services 27 system. The grant recipient shall submit findings and 28 recommendations based upon the results of the pilot 29 project to the individuals specified in this division 30 of this Act for submission of reports by December 31, 31 2015 2016 . 32 Sec. 12. 2015 Iowa Acts, chapter 137, section 134, 33 is amended to read as follows: 34 SEC. 134. STATE SUPPLEMENTARY ASSISTANCE. 35 -49- HF2460.3823.S (2) 86 jh 49/ 161
1. There is appropriated from the general fund of 1 the state to the department of human services for the 2 fiscal year beginning July 1, 2016, and ending June 30, 3 2017, the following amount, or so much thereof as is 4 necessary, to be used for the purpose designated: 5 For the state supplementary assistance program: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,498,593 7 11,611,442 8 2. The department shall increase the personal needs 9 allowance for residents of residential care facilities 10 by the same percentage and at the same time as federal 11 supplemental security income and federal social 12 security benefits are increased due to a recognized 13 increase in the cost of living. The department may 14 adopt emergency rules to implement this subsection. 15 3. If during the fiscal year beginning July 1, 16 2016, the department projects that state supplementary 17 assistance expenditures for a calendar year will not 18 meet the federal pass-through requirement specified 19 in Tit. XVI of the federal Social Security Act, 20 section 1618, as codified in 42 U.S.C. §1382g, 21 the department may take actions including but not 22 limited to increasing the personal needs allowance 23 for residential care facility residents and making 24 programmatic adjustments or upward adjustments of the 25 residential care facility or in-home health-related 26 care reimbursement rates prescribed in this division of 27 this Act to ensure that federal requirements are met. 28 In addition, the department may make other programmatic 29 and rate adjustments necessary to remain within the 30 amount appropriated in this section while ensuring 31 compliance with federal requirements. The department 32 may adopt emergency rules to implement the provisions 33 of this subsection. 34 Sec. 13. 2015 Iowa Acts, chapter 137, section 135, 35 -50- HF2460.3823.S (2) 86 jh 50/ 161
is amended to read as follows: 1 SEC. 135. CHILDREN’S HEALTH INSURANCE PROGRAM. 2 1. There is appropriated from the general fund of 3 the state to the department of human services for the 4 fiscal year beginning July 1, 2016, and ending June 30, 5 2017, the following amount, or so much thereof as is 6 necessary, to be used for the purpose designated: 7 For maintenance of the healthy and well kids in Iowa 8 (hawk-i) program pursuant to chapter 514I , including 9 supplemental dental services, for receipt of federal 10 financial participation under Tit. XXI of the federal 11 Social Security Act, which creates the children’s 12 health insurance program: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,206,922 14 9,176,652 15 2. Of the funds appropriated in this section, 16 $21,400 $42,800 is allocated for continuation of the 17 contract for outreach with the department of public 18 health. 19 Sec. 14. 2015 Iowa Acts, chapter 137, section 136, 20 is amended to read as follows: 21 SEC. 136. CHILD CARE ASSISTANCE. There is 22 appropriated from the general fund of the state to 23 the department of human services for the fiscal year 24 beginning July 1, 2016, and ending June 30, 2017, the 25 following amount, or so much thereof as is necessary, 26 to be used for the purpose designated: 27 For child care programs: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,704,334 29 36,389,561 30 1. Of the funds appropriated in this section, 31 $21,844,620 $30,039,561 shall be used for state child 32 care assistance in accordance with section 237A.13 . 33 2. Nothing in this section shall be construed or 34 is intended as or shall imply a grant of entitlement 35 -51- HF2460.3823.S (2) 86 jh 51/ 161
for services to persons who are eligible for assistance 1 due to an income level consistent with the waiting 2 list requirements of section 237A.13 . Any state 3 obligation to provide services pursuant to this section 4 is limited to the extent of the funds appropriated in 5 this section. 6 3. Of the funds appropriated in this section, 7 $216,226 is allocated for the statewide grant program 8 for child care resource and referral services under 9 section 237A.26 . A list of the registered and licensed 10 child care facilities operating in the area served by a 11 child care resource and referral service shall be made 12 available to the families receiving state child care 13 assistance in that area. 14 4. Of the funds appropriated in this section, 15 $468,487 is allocated for child care quality 16 improvement initiatives including but not limited to 17 the voluntary quality rating system in accordance with 18 section 237A.30 . 19 5. Of the funds appropriated in this section, 20 $3,175,000 $6,350,000 shall be credited to the 21 early childhood programs grants account in the early 22 childhood Iowa fund created in section 256I.11 . 23 The moneys shall be distributed for funding of 24 community-based early childhood programs targeted to 25 children from birth through five years of age developed 26 by early childhood Iowa areas in accordance with 27 approved community plans as provided in section 256I.8 . 28 6. The department may use any of the funds 29 appropriated in this section as a match to obtain 30 federal funds for use in expanding child care 31 assistance and related programs. For the purpose of 32 expenditures of state and federal child care funding, 33 funds shall be considered obligated at the time 34 expenditures are projected or are allocated to the 35 -52- HF2460.3823.S (2) 86 jh 52/ 161
department’s service areas. Projections shall be based 1 on current and projected caseload growth, current and 2 projected provider rates, staffing requirements for 3 eligibility determination and management of program 4 requirements including data systems management, 5 staffing requirements for administration of the 6 program, contractual and grant obligations and any 7 transfers to other state agencies, and obligations for 8 decategorization or innovation projects. 9 7. A portion of the state match for the federal 10 child care and development block grant shall be 11 provided as necessary to meet federal matching 12 funds requirements through the state general fund 13 appropriation made for child development grants and 14 other programs for at-risk children in section 279.51 . 15 8. If a uniform reduction ordered by the governor 16 under section 8.31 or other operation of law, 17 transfer, or federal funding reduction reduces the 18 appropriation made in this section for the fiscal year, 19 the percentage reduction in the amount paid out to or 20 on behalf of the families participating in the state 21 child care assistance program shall be equal to or 22 less than the percentage reduction made for any other 23 purpose payable from the appropriation made in this 24 section and the federal funding relating to it. The 25 percentage reduction to the other allocations made in 26 this section shall be the same as the uniform reduction 27 ordered by the governor or the percentage change of the 28 federal funding reduction, as applicable. If there is 29 an unanticipated increase in federal funding provided 30 for state child care assistance, the entire amount 31 of the increase shall be used for state child care 32 assistance payments. If the appropriations made for 33 purposes of the state child care assistance program for 34 the fiscal year are determined to be insufficient, it 35 -53- HF2460.3823.S (2) 86 jh 53/ 161
is the intent of the general assembly to appropriate 1 sufficient funding for the fiscal year in order to 2 avoid establishment of waiting list requirements. 3 9. Notwithstanding section 8.33 , moneys advanced 4 for purposes of the programs developed by early 5 childhood Iowa areas, advanced for purposes of 6 wraparound child care, or received from the federal 7 appropriations made for the purposes of this section 8 that remain unencumbered or unobligated at the close 9 of the fiscal year shall not revert to any fund but 10 shall remain available for expenditure for the purposes 11 designated until the close of the succeeding fiscal 12 year. 13 Sec. 15. 2015 Iowa Acts, chapter 137, section 137, 14 is amended to read as follows: 15 SEC. 137. JUVENILE INSTITUTION. There is 16 appropriated from the general fund of the state to 17 the department of human services for the fiscal year 18 beginning July 1, 2016, and ending June 30, 2017, the 19 following amounts, or so much thereof as is necessary, 20 to be used for the purposes designated: 21 1. For operation of the state training school at 22 Eldora and for salaries, support, maintenance, and 23 miscellaneous purposes, and for not more than the 24 following full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,116,710 26 12,233,420 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.30 28 Of the funds appropriated in this subsection, 29 $45,575 $91,150 shall be used for distribution 30 to licensed classroom teachers at this and other 31 institutions under the control of the department of 32 human services based upon the average student yearly 33 enrollment at each institution as determined by the 34 department. 35 -54- HF2460.3823.S (2) 86 jh 54/ 161
2. A portion of the moneys appropriated in this 1 section shall be used by the state training school at 2 Eldora for grants for adolescent pregnancy prevention 3 activities at the institution in the fiscal year 4 beginning July 1, 2016. 5 Sec. 16. 2015 Iowa Acts, chapter 137, section 138, 6 is amended to read as follows: 7 SEC. 138. CHILD AND FAMILY SERVICES. 8 1. There is appropriated from the general fund of 9 the state to the department of human services for the 10 fiscal year beginning July 1, 2016, and ending June 30, 11 2017, the following amount, or so much thereof as is 12 necessary, to be used for the purpose designated: 13 For child and family services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,670,969 15 84,482,419 16 2. Up to $2,600,000 of Of the amount of federal 17 temporary assistance for needy families block grant 18 funding appropriated in this division of this Act for 19 child and family services section, $5,200,000 shall be 20 made available used for purposes of juvenile delinquent 21 graduated sanction services. 22 3. The department may transfer funds appropriated 23 in this section as necessary to pay the nonfederal 24 costs of services reimbursed under the medical 25 assistance program, state child care assistance 26 program, or the family investment program which are 27 provided to children who would otherwise receive 28 services paid under the appropriation in this section. 29 The department may transfer funds appropriated in this 30 section to the appropriations made in this division 31 of this Act for general administration and for field 32 operations for resources necessary to implement and 33 operate the services funded in this section. 34 4. a. Of the funds appropriated in this section, 35 -55- HF2460.3823.S (2) 86 jh 55/ 161
up to $17,910,893 $35,736,649 is allocated as the 1 statewide expenditure target under section 232.143 2 for group foster care maintenance and services. If 3 the department projects that such expenditures for 4 the fiscal year will be less than the target amount 5 allocated in this paragraph “a”, the department may 6 reallocate the excess to provide additional funding for 7 shelter care or the child welfare emergency services 8 addressed with the allocation for shelter care. 9 b. If at any time after September 30, 2016, 10 annualization of a service area’s current expenditures 11 indicates a service area is at risk of exceeding its 12 group foster care expenditure target under section 13 232.143 by more than 5 percent, the department and 14 juvenile court services shall examine all group 15 foster care placements in that service area in order 16 to identify those which might be appropriate for 17 termination. In addition, any aftercare services 18 believed to be needed for the children whose 19 placements may be terminated shall be identified. The 20 department and juvenile court services shall initiate 21 action to set dispositional review hearings for the 22 placements identified. In such a dispositional review 23 hearing, the juvenile court shall determine whether 24 needed aftercare services are available and whether 25 termination of the placement is in the best interest of 26 the child and the community. 27 5. In accordance with the provisions of section 28 232.188 , the department shall continue the child 29 welfare and juvenile justice funding initiative during 30 fiscal year 2016-2017. Of the funds appropriated 31 in this section, $858,876 $1,717,753 is allocated 32 specifically for expenditure for fiscal year 2016-2017 33 through the decategorization services funding pools 34 and governance boards established pursuant to section 35 -56- HF2460.3823.S (2) 86 jh 56/ 161
232.188 . 1 6. A portion of the funds appropriated in this 2 section may be used for emergency family assistance 3 to provide other resources required for a family 4 participating in a family preservation or reunification 5 project or successor project to stay together or to be 6 reunified. 7 7. Notwithstanding section 234.35 or any other 8 provision of law to the contrary, state funding for 9 shelter care and the child welfare emergency services 10 contracting implemented to provide for or prevent the 11 need for shelter care shall be limited to $4,034,237 12 $8,096,158 . 13 8. Federal funds received by the state during 14 the fiscal year beginning July 1, 2016, as the 15 result of the expenditure of state funds appropriated 16 during a previous state fiscal year for a service or 17 activity funded under this section are appropriated 18 to the department to be used as additional funding 19 for services and purposes provided for under this 20 section. Notwithstanding section 8.33 , moneys 21 received in accordance with this subsection that remain 22 unencumbered or unobligated at the close of the fiscal 23 year shall not revert to any fund but shall remain 24 available for the purposes designated until the close 25 of the succeeding fiscal year. 26 9. a. Of the funds appropriated in this section, 27 up to $1,645,000 $3,290,000 is allocated for the 28 payment of the expenses of court-ordered services 29 provided to juveniles who are under the supervision of 30 juvenile court services, which expenses are a charge 31 upon the state pursuant to section 232.141, subsection 32 4 . Of the amount allocated in this paragraph “a”, 33 up to $778,143 $1,556,287 shall be made available 34 to provide school-based supervision of children 35 -57- HF2460.3823.S (2) 86 jh 57/ 161
adjudicated under chapter 232 , of which not more than 1 $7,500 $15,000 may be used for the purpose of training. 2 A portion of the cost of each school-based liaison 3 officer shall be paid by the school district or other 4 funding source as approved by the chief juvenile court 5 officer. 6 b. Of the funds appropriated in this section, up to 7 $374,492 $748,985 is allocated for the payment of the 8 expenses of court-ordered services provided to children 9 who are under the supervision of the department, 10 which expenses are a charge upon the state pursuant to 11 section 232.141, subsection 4 . 12 c. Notwithstanding section 232.141 or any other 13 provision of law to the contrary, the amounts allocated 14 in this subsection shall be distributed to the 15 judicial districts as determined by the state court 16 administrator and to the department’s service areas 17 as determined by the administrator of the department 18 of human services’ division of child and family 19 services. The state court administrator and the 20 division administrator shall make the determination of 21 the distribution amounts on or before June 15, 2016. 22 d. Notwithstanding chapter 232 or any other 23 provision of law to the contrary, a district or 24 juvenile court shall not order any service which is 25 a charge upon the state pursuant to section 232.141 26 if there are insufficient court-ordered services 27 funds available in the district court or departmental 28 service area distribution amounts to pay for the 29 service. The chief juvenile court officer and the 30 departmental service area manager shall encourage use 31 of the funds allocated in this subsection such that 32 there are sufficient funds to pay for all court-related 33 services during the entire year. The chief juvenile 34 court officers and departmental service area managers 35 -58- HF2460.3823.S (2) 86 jh 58/ 161
shall attempt to anticipate potential surpluses and 1 shortfalls in the distribution amounts and shall 2 cooperatively request the state court administrator 3 or division administrator to transfer funds between 4 the judicial districts’ or departmental service areas’ 5 distribution amounts as prudent. 6 e. Notwithstanding any provision of law to the 7 contrary, a district or juvenile court shall not order 8 a county to pay for any service provided to a juvenile 9 pursuant to an order entered under chapter 232 which 10 is a charge upon the state under section 232.141, 11 subsection 4 . 12 f. Of the funds allocated in this subsection, not 13 more than $41,500 $83,000 may be used by the judicial 14 branch for administration of the requirements under 15 this subsection. 16 g. Of the funds allocated in this subsection, 17 $8,500 $17,000 shall be used by the department of human 18 services to support the interstate commission for 19 juveniles in accordance with the interstate compact for 20 juveniles as provided in section 232.173 . 21 10. Of the funds appropriated in this section, 22 $4,026,613 $8,053,227 is allocated for juvenile 23 delinquent graduated sanctions services. Any state 24 funds saved as a result of efforts by juvenile court 25 services to earn a federal Tit. IV-E match for juvenile 26 court services administration may be used for the 27 juvenile delinquent graduated sanctions services. 28 11. Of the funds appropriated in this section, 29 $804,142 $1,658,285 is transferred to the department 30 of public health to be used for the child protection 31 center grant program for child protection centers 32 located in Iowa in accordance with section 135.118 . 33 The grant amounts under the program shall be equalized 34 so that each center receives a uniform base amount 35 -59- HF2460.3823.S (2) 86 jh 59/ 161
of $122,500 $245,000 , so that $50,000 is awarded to 1 establish a satellite child protection center in a 2 city in north central Iowa that is the county seat of 3 a county with a population between 44,000 and 45,000 4 according to the 2010 federal decennial census, and so 5 that the remaining funds shall be are awarded through 6 a funding formula based upon the volume of children 7 served. 8 12. If the department receives federal approval 9 to implement a waiver under Tit. IV-E of the federal 10 Social Security Act to enable providers to serve 11 children who remain in the children’s families and 12 communities, for purposes of eligibility under the 13 medical assistance program through 25 years of age, 14 children who participate in the waiver shall be 15 considered to be placed in foster care. 16 13. Of the funds appropriated in this section, 17 $2,012,583 $4,025,167 is allocated for the preparation 18 for adult living program pursuant to section 234.46 . 19 14. Of the funds appropriated in this section, 20 $113,668 $227,337 shall be used for the public purpose 21 of continuing a grant to a nonprofit human services 22 organization providing services to individuals and 23 families in multiple locations in southwest Iowa and 24 Nebraska for support of a project providing immediate, 25 sensitive support and forensic interviews, medical 26 exams, needs assessments, and referrals for victims of 27 child abuse and their nonoffending family members. 28 15. Of the funds appropriated in this section, 29 $150,310 $300,620 is allocated for the foster care 30 youth council approach of providing a support network 31 to children placed in foster care. 32 16. Of the funds appropriated in this section, 33 $101,000 $202,000 is allocated for use pursuant to 34 section 235A.1 for continuation of the initiative to 35 -60- HF2460.3823.S (2) 86 jh 60/ 161
address child sexual abuse implemented pursuant to 2007 1 Iowa Acts, chapter 218, section 18, subsection 21 . 2 17. Of the funds appropriated in this section, 3 $315,120 $630,240 is allocated for the community 4 partnership for child protection sites. 5 18. Of the funds appropriated in this section, 6 $185,625 $371,250 is allocated for the department’s 7 minority youth and family projects under the redesign 8 of the child welfare system. 9 19. Of the funds appropriated in this section, 10 $593,297 $1,186,595 is allocated for funding of the 11 community circle of care collaboration for children and 12 youth in northeast Iowa. 13 20. Of the funds appropriated in this section, 14 at least $73,579 $147,158 shall be used for the 15 continuation of the child welfare provider training 16 academy, a collaboration between the coalition 17 for family and children’s services in Iowa and the 18 department. 19 21. Of the funds appropriated in this section, 20 $105,936 $211,872 shall be used for continuation of the 21 central Iowa system of care program grant through June 22 30, 2017. 23 22. Of the funds appropriated in this section, 24 $117,500 $235,000 shall be used for the public 25 purpose of the continuation and expansion of a system 26 of care program grant implemented in Cerro Gordo 27 and Linn counties to utilize a comprehensive and 28 long-term approach for helping children and families by 29 addressing the key areas in a child’s life of childhood 30 basic needs, education and work, family, and community. 31 23. Of the funds appropriated in this section, at 32 least $12,500 $25,000 shall be used to continue and 33 to expand the foster care respite pilot program in 34 which postsecondary students in social work and other 35 -61- HF2460.3823.S (2) 86 jh 61/ 161
human services-related programs receive experience by 1 assisting family foster care providers with respite and 2 other support. 3 24. Of the funds appropriated in this section, 4 $55,000 $110,000 shall be used for the public purpose 5 of funding community-based services and other supports 6 with a system of care approach for children with a 7 serious emotional disturbance and their families 8 through a nonprofit provider of child welfare services 9 that has been in existence for more than 115 years, 10 is located in a county with a population of more 11 than 200,000 but less than 220,000 according to the 12 latest census information issued by the United States 13 census bureau, is licensed as a psychiatric medical 14 institution for children, and was a system of care 15 grantee prior to July 1, 2016. 16 Sec. 17. 2015 Iowa Acts, chapter 137, section 139, 17 is amended to read as follows: 18 SEC. 139. ADOPTION SUBSIDY. 19 1. There is appropriated from the general fund of 20 the state to the department of human services for the 21 fiscal year beginning July 1, 2016, and ending June 30, 22 2017, the following amount, or so much thereof as is 23 necessary, to be used for the purpose designated: 24 a. For adoption subsidy payments and services: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,499,143 26 43,046,664 27 b. (1) The funds appropriated in this section 28 shall be used as authorized or allowed by federal law 29 or regulation for any of the following purposes: 30 (a) For adoption subsidy payments and related 31 costs. 32 (b) For post-adoption services and for other 33 purposes under Tit. IV-B or Tit. IV-E of the federal 34 Social Security Act. 35 -62- HF2460.3823.S (2) 86 jh 62/ 161
(2) The department of human services may transfer 1 funds appropriated in this subsection to the 2 appropriation for child and family services in this Act 3 for the purposes of post-adoption services as specified 4 in this paragraph “b”. 5 2. The department may transfer funds appropriated 6 in this section to the appropriation made in this 7 division of this Act for general administration for 8 costs paid from the appropriation relating to adoption 9 subsidy. 10 3. Federal funds received by the state during the 11 fiscal year beginning July 1, 2016, 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. 18. 2015 Iowa Acts, chapter 137, section 141, 24 is amended to read as follows: 25 SEC. 141. 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, 2016, and ending June 30, 29 2017, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 536,966 35 -63- HF2460.3823.S (2) 86 jh 63/ 161
1,069,282 1 2. The department shall use at At least $320,750 2 $727,500 of the moneys appropriated in this section is 3 transferred to the department of public health for the 4 family support center component of the comprehensive 5 family support program under section 225C.47 chapter 6 225C, subchapter V . Not more than $12,500 of the 7 amount allocated in this subsection shall be used for 8 administrative costs. The department of human services 9 shall submit a report to the individuals identified 10 in this Act for submission of reports by December 11 15, 2016, regarding the outcomes of the program and 12 recommendations for future program improvement. 13 3. If at any time during the fiscal year, the 14 amount of funding available for the family support 15 subsidy program is reduced from the amount initially 16 used to establish the figure for the number of family 17 members for whom a subsidy is to be provided at any one 18 time during the fiscal year, notwithstanding section 19 225C.38, subsection 2 , the department shall revise the 20 figure as necessary to conform to the amount of funding 21 available. 22 Sec. 19. 2015 Iowa Acts, chapter 137, section 142, 23 is amended to read as follows: 24 SEC. 142. CONNER DECREE. 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 2016, and ending June 30, 2017, the following amount, 28 or so much thereof as is necessary, to be used for the 29 purpose designated: 30 For building community capacity through the 31 coordination and provision of training opportunities 32 in accordance with the consent decree of Conner v. 33 Branstad, No. 4-86-CV-30871(S.D. Iowa, July 14, 1994): 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,816 35 -64- HF2460.3823.S (2) 86 jh 64/ 161
33,632 1 Sec. 20. 2015 Iowa Acts, chapter 137, section 143, 2 is amended to read as follows: 3 SEC. 143. MENTAL HEALTH INSTITUTES. There is 4 appropriated from the general fund of the state to 5 the department of human services for the fiscal year 6 beginning July 1, 2016, and ending June 30, 2017, the 7 following amounts, or so much thereof as is necessary, 8 to be used for the purposes designated which amounts 9 shall not be transferred or expended for any purpose 10 other than the purposes designated, notwithstanding 11 section 218.6 to the contrary : 12 1. For operation of the state mental health 13 institute at Cherokee as required by chapters 218 14 and 226 for salaries, support, maintenance, and 15 miscellaneous purposes, and for not more than the 16 following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,772,808 18 14,644,041 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.20 20 2. For operation of the state mental health 21 institute at Independence as required by chapters 22 218 and 226 for salaries, support, maintenance, and 23 miscellaneous purposes, and for not more than the 24 following full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,162,104 26 18,552,103 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 28 Sec. 21. 2015 Iowa Acts, chapter 137, section 144, 29 is amended to read as follows: 30 SEC. 144. STATE RESOURCE CENTERS. 31 1. There is appropriated from the general fund of 32 the state to the department of human services for the 33 fiscal year beginning July 1, 2016, and ending June 30, 34 2017, the following amounts, or so much thereof as is 35 -65- HF2460.3823.S (2) 86 jh 65/ 161
necessary, to be used for the purposes designated: 1 a. For the state resource center at Glenwood for 2 salaries, support, maintenance, and miscellaneous 3 purposes: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,762,241 5 20,719,486 6 b. For the state resource center at Woodward for 7 salaries, support, maintenance, and miscellaneous 8 purposes: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,291,903 10 14,053,011 11 2. The department may continue to bill for state 12 resource center services utilizing a scope of services 13 approach used for private providers of intermediate 14 care facilities for persons with an intellectual 15 disability services, in a manner which does not shift 16 costs between the medical assistance program, counties, 17 or other sources of funding for the state resource 18 centers. 19 3. The state resource centers may expand the 20 time-limited assessment and respite services during the 21 fiscal year. 22 4. If the department’s administration and the 23 department of management concur with a finding by a 24 state resource center’s superintendent that projected 25 revenues can reasonably be expected to pay the salary 26 and support costs for a new employee position, or 27 that such costs for adding a particular number of new 28 positions for the fiscal year would be less than the 29 overtime costs if new positions would not be added, the 30 superintendent may add the new position or positions. 31 If the vacant positions available to a resource center 32 do not include the position classification desired to 33 be filled, the state resource center’s superintendent 34 may reclassify any vacant position as necessary to 35 -66- HF2460.3823.S (2) 86 jh 66/ 161
fill the desired position. The superintendents of the 1 state resource centers may, by mutual agreement, pool 2 vacant positions and position classifications during 3 the course of the fiscal year in order to assist one 4 another in filling necessary positions. 5 5. If existing capacity limitations are reached 6 in operating units, a waiting list is in effect 7 for a service or a special need for which a payment 8 source or other funding is available for the service 9 or to address the special need, and facilities for 10 the service or to address the special need can be 11 provided within the available payment source or other 12 funding, the superintendent of a state resource center 13 may authorize opening not more than two units or 14 other facilities and begin implementing the service 15 or addressing the special need during fiscal year 16 2016-2017. 17 Sec. 22. 2015 Iowa Acts, chapter 137, section 145, 18 is amended to read as follows: 19 SEC. 145. SEXUALLY VIOLENT PREDATORS. 20 1. There is appropriated from the general fund of 21 the state to the department of human services for the 22 fiscal year beginning July 1, 2016, and ending June 30, 23 2017, the following amount, or so much thereof as is 24 necessary, to be used for the purpose designated: 25 For costs associated with the commitment and 26 treatment of sexually violent predators in the unit 27 located at the state mental health institute at 28 Cherokee, including costs of legal services and 29 other associated costs, including salaries, support, 30 maintenance, and miscellaneous purposes, and for not 31 more than the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,946,539 33 10,193,079 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 132.50 35 -67- HF2460.3823.S (2) 86 jh 67/ 161
2. Unless specifically prohibited by law, if the 1 amount charged provides for recoupment of at least 2 the entire amount of direct and indirect costs, the 3 department of human services may contract with other 4 states to provide care and treatment of persons placed 5 by the other states at the unit for sexually violent 6 predators at Cherokee. The moneys received under such 7 a contract shall be considered to be repayment receipts 8 and used for the purposes of the appropriation made in 9 this section. 10 Sec. 23. 2015 Iowa Acts, chapter 137, section 146, 11 is amended to read as follows: 12 SEC. 146. FIELD OPERATIONS. There is appropriated 13 from the general fund of the state to the department of 14 human services for the fiscal year beginning July 1, 15 2016, and ending June 30, 2017, the following amount, 16 or so much thereof as is necessary, to be used for the 17 purposes designated: 18 For field operations, including salaries, support, 19 maintenance, and miscellaneous purposes, and for not 20 more than the following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,460,488 22 54,442,877 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,837.00 24 2. Priority in filling full-time equivalent 25 positions shall be given to those positions related to 26 child protection services and eligibility determination 27 for low-income families. 28 Sec. 24. 2015 Iowa Acts, chapter 137, section 147, 29 is amended to read as follows: 30 SEC. 147. GENERAL ADMINISTRATION. There is 31 appropriated from the general fund of the state to 32 the department of human services for the fiscal year 33 beginning July 1, 2016, and ending June 30, 2017, the 34 following amount, or so much thereof as is necessary, 35 -68- HF2460.3823.S (2) 86 jh 68/ 161
to be used for the purpose designated: 1 For general administration, including salaries, 2 support, maintenance, and miscellaneous purposes, and 3 for not more than the following full-time equivalent 4 positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,449,099 6 15,673,198 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 309.00 8 2. Of the funds appropriated in this section, 9 $75,000 $150,000 shall be used to continue the contract 10 for the provision of a program to provide technical 11 assistance, support, and consultation to providers of 12 habilitation services and home and community-based 13 services waiver services for adults with disabilities 14 under the medical assistance program. 15 3. Of the funds appropriated in this section, 16 $25,000 $50,000 is transferred to the Iowa finance 17 authority to be used for administrative support of the 18 council on homelessness established in section 16.2D 19 and for the council to fulfill its duties in addressing 20 and reducing homelessness in the state. 21 4. Of the funds appropriated in this section, 22 $125,000 $250,000 shall be transferred to and deposited 23 in the administrative fund of the Iowa ABLE savings 24 plan trust created in section 12I.4 , if enacted in this 25 or any other Act, to be used for implementation and 26 administration activities of the Iowa ABLE savings plan 27 trust. 28 5. Of the funds appropriated in this section, 29 $300,000 shall be used to contract for planning grants 30 for the development and implementation of children’s 31 mental health crisis services as provided in this Act. 32 6. Of the funds appropriated in this section, 33 $200,000 shall be used to continue to expand the 34 provision of nationally accredited and recognized 35 -69- HF2460.3823.S (2) 86 jh 69/ 161
internet-based training to include mental health and 1 disability services providers. 2 7. Of the funds appropriated in this section, 3 $300,000 is transferred to the economic development 4 authority for the Iowa commission on volunteer services 5 to be used for RefugeeRISE AmeriCorps program member 6 recruitment and training to improve the economic 7 well-being and health of economically disadvantaged 8 refugees in local communities across Iowa. Funds 9 transferred may be used to supplement federal funds 10 under federal regulations. 11 Sec. 25. 2015 Iowa Acts, chapter 137, is amended by 12 adding the following new section: 13 NEW SECTION . SEC. 147A. DEPARTMENT-WIDE 14 DUTIES. There is appropriated from the general fund of 15 the state to the department of human services for the 16 fiscal year beginning July 1, 2016, and ending June 30, 17 2017, the following amount, or so much thereof as is 18 necessary, to be used for the purposes designated: 19 For salaries, support, maintenance, and 20 miscellaneous purposes at facilities under the purview 21 of the department of human services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,879,274 23 Sec. 26. 2015 Iowa Acts, chapter 137, section 148, 24 is amended to read as follows: 25 SEC. 148. VOLUNTEERS. There is appropriated from 26 the general fund of the state to the department of 27 human services for the fiscal year beginning July 1, 28 2016, and ending June 30, 2017, the following amount, 29 or so much thereof as is necessary, to be used for the 30 purpose designated: 31 For development and coordination of volunteer 32 services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,343 34 84,686 35 -70- HF2460.3823.S (2) 86 jh 70/ 161
Sec. 27. 2015 Iowa Acts, chapter 137, section 149, 1 is amended to read as follows: 2 SEC. 149. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 3 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED 4 UNDER THE DEPARTMENT OF HUMAN SERVICES. 5 1. a. (1) For the fiscal year beginning July 1, 6 2016, the total state funding amount for the nursing 7 facility budget shall not exceed $151,421,458. 8 (2) The department, in cooperation with nursing 9 facility representatives, shall review projections for 10 state funding expenditures for reimbursement of nursing 11 facilities on a quarterly basis and the department 12 shall determine if an adjustment to the medical 13 assistance reimbursement rate is necessary in order to 14 provide reimbursement within the state funding amount 15 for the fiscal year. Notwithstanding 2001 Iowa Acts, 16 chapter 192, section 4, subsection 2, paragraph “c”, 17 and subsection 3, paragraph “a”, subparagraph (2) , if 18 the state funding expenditures for the nursing facility 19 budget for the fiscal year are projected to exceed the 20 amount specified in subparagraph (1), the department 21 shall adjust the reimbursement for nursing facilities 22 reimbursed under the case-mix reimbursement system to 23 maintain expenditures of the nursing facility budget 24 within the specified amount for the fiscal year. 25 (3) (a) For the fiscal year beginning July 1, 26 2016, case-mix, non-case mix, and special population 27 nursing facilities shall be reimbursed in accordance 28 with the methodology in effect on June 30, 2016. 29 (b) For managed care claims, the department of 30 human services shall adjust the payment rate floor for 31 nursing facilities every six months, on July 1 and 32 January 1, to maintain a rate floor that is no lower 33 than the Medicaid fee-for-service case-mix adjusted 34 rate calculated in accordance with 441 IAC 81.6. The 35 -71- HF2460.3823.S (2) 86 jh 71/ 161
department shall then calculate adjusted reimbursement 1 rates, including but not limited to add-on-payments, 2 for each six-month period, and shall notify 3 Medicaid managed care organizations of the adjusted 4 reimbursement rates within 30 days of determining 5 the adjusted reimbursement rates. Any adjustment of 6 reimbursement rates under this subparagraph division 7 shall be budget neutral to the state budget. 8 (4) For any open or unsettled nursing facility 9 cost report for a fiscal year prior to and including 10 the fiscal year beginning July 1, 2015, including any 11 cost report remanded on judicial review for inclusion 12 of prescription drug, laboratory, or x-ray costs, the 13 department shall offset all reported prescription drug, 14 laboratory, and x-ray costs with any revenue received 15 from Medicare or other revenue source for any purpose. 16 For purposes of this subparagraph, a nursing facility 17 cost report is not considered open or unsettled if the 18 facility did not initiate an administrative appeal 19 under chapter 17A or if any appeal rights initiated 20 have been exhausted. 21 b. (1) For the fiscal year beginning July 1, 2016, 22 the department shall establish the pharmacy dispensing 23 fee reimbursement at $11.73 per prescription, until a 24 cost of dispensing survey is completed. The actual 25 dispensing fee shall be determined by a cost of 26 dispensing survey performed by the department and 27 required to be completed by all medical assistance 28 program participating pharmacies every two years, 29 adjusted as necessary to maintain expenditures within 30 the amount appropriated to the department for this 31 purpose for the fiscal year. 32 (2) The department shall utilize an average 33 acquisition cost reimbursement methodology for all 34 drugs covered under the medical assistance program in 35 -72- HF2460.3823.S (2) 86 jh 72/ 161
accordance with 2012 Iowa Acts, chapter 1133, section 1 33 . 2 (3) Notwithstanding subparagraph (2), if the 3 centers for Medicare and Medicaid services of the 4 United States department of health and human services 5 (CMS) requires, as a condition of federal Medicaid 6 funding, that the department implement an aggregate 7 federal upper limit (FUL) for drug reimbursement 8 based on the average manufacturer’s price (AMP), the 9 department may utilize a reimbursement methodology for 10 all drugs covered under the Medicaid program based on 11 the national average drug acquisition cost (NADAC) 12 methodology published by CMS, in order to assure 13 compliance with the aggregate FUL, minimize outcomes 14 of drug reimbursements below pharmacy acquisition 15 costs, limit administrative costs, and minimize any 16 change in the aggregate reimbursement for drugs. The 17 department may adopt emergency rules to implement this 18 subparagraph. 19 c. (1) For the fiscal year beginning July 1, 2016, 20 reimbursement rates for outpatient hospital services 21 shall remain at the rates in effect on June 30, 2016, 22 subject to Medicaid program upper payment limit rules, 23 and adjusted as necessary to maintain expenditures 24 within the amount appropriated to the department for 25 this purpose for the fiscal year. 26 (2) For the fiscal year beginning July 1, 2016, 27 reimbursement rates for inpatient hospital services 28 shall remain at the rates in effect on June 30, 2016, 29 subject to Medicaid program upper payment limit rules, 30 and adjusted as necessary to maintain expenditures 31 within the amount appropriated to the department for 32 this purpose for the fiscal year. 33 (3) For the fiscal year beginning July 1, 2016, 34 the graduate medical education and disproportionate 35 -73- HF2460.3823.S (2) 86 jh 73/ 161
share hospital fund shall remain at the amount in 1 effect on June 30, 2016, except that the portion of 2 the fund attributable to graduate medical education 3 shall be reduced in an amount that reflects the 4 elimination of graduate medical education payments made 5 to out-of-state hospitals. 6 (4) In order to ensure the efficient use of limited 7 state funds in procuring health care services for 8 low-income Iowans, funds appropriated in this Act for 9 hospital services shall not be used for activities 10 which would be excluded from a determination of 11 reasonable costs under the federal Medicare program 12 pursuant to 42 U.S.C. §1395x(v)(1)(N). 13 d. For the fiscal year beginning July 1, 2016, 14 reimbursement rates for rural health clinics, hospices , 15 and acute mental hospitals shall be increased in 16 accordance with increases under the federal Medicare 17 program or as supported by their Medicare audited 18 costs. 19 e. For the fiscal year beginning July 1, 2016, 20 independent laboratories and rehabilitation agencies 21 shall be reimbursed using the same methodology in 22 effect on June 30, 2016. 23 f. (1) For the fiscal year beginning July 1, 2016, 24 reimbursement rates for home health agencies shall 25 continue to be based on the Medicare low utilization 26 payment adjustment (LUPA) methodology with state 27 geographic wage adjustments, and updated to reflect 28 the most recent Medicare LUPA rates shall be adjusted 29 to increase the rates to the extent possible within 30 the $1,000,000 of state funding appropriated for this 31 purpose. The department shall continue to update 32 the rates every two years to reflect the most recent 33 Medicare LUPA rates. 34 (2) For the fiscal year beginning July 1, 2016, 35 -74- HF2460.3823.S (2) 86 jh 74/ 161
rates for private duty nursing and personal care 1 services under the early and periodic screening, 2 diagnostic, and treatment program benefit shall be 3 calculated based on the methodology in effect on June 4 30, 2016. 5 g. For the fiscal year beginning July 1, 2016, 6 federally qualified health centers and rural health 7 clinics shall receive cost-based reimbursement for 100 8 percent of the reasonable costs for the provision of 9 services to recipients of medical assistance. 10 h. For the fiscal year beginning July 1, 2016, the 11 reimbursement rates for dental services shall remain at 12 the rates in effect on June 30, 2016. 13 i. (1) For the fiscal year beginning July 1, 14 2016, state-owned psychiatric medical institutions 15 for children shall receive cost-based reimbursement 16 for 100 percent of the actual and allowable costs for 17 the provision of services to recipients of medical 18 assistance. 19 (2) For the nonstate-owned psychiatric medical 20 institutions for children, reimbursement rates shall be 21 based on the reimbursement methodology developed by the 22 Medicaid managed care contractor for behavioral health 23 services as required for federal compliance in effect 24 on June 30, 2016 . 25 (3) As a condition of participation in the medical 26 assistance program, enrolled providers shall accept the 27 medical assistance reimbursement rate for any covered 28 goods or services provided to recipients of medical 29 assistance who are children under the custody of a 30 psychiatric medical institution for children. 31 j. For the fiscal year beginning July 1, 32 2016, unless otherwise specified in this Act, 33 all noninstitutional medical assistance provider 34 reimbursement rates shall remain at the rates in effect 35 -75- HF2460.3823.S (2) 86 jh 75/ 161
on June 30, 2016, except for area education agencies, 1 local education agencies, infant and toddler services 2 providers, home and community-based services providers 3 including consumer-directed attendant care providers 4 under a section 1915(c) or 1915(i) waiver, targeted 5 case management providers, and those providers whose 6 rates are required to be determined pursuant to section 7 249A.20 . 8 k. Notwithstanding any provision to the contrary, 9 for the fiscal year beginning July 1, 2016, the 10 reimbursement rate for anesthesiologists shall remain 11 at the rate in effect on June 30, 2016. 12 l. Notwithstanding section 249A.20 , for the fiscal 13 year beginning July 1, 2016, the average reimbursement 14 rate for health care providers eligible for use of the 15 federal Medicare resource-based relative value scale 16 reimbursement methodology under section 249A.20 shall 17 remain at the rate in effect on June 30, 2016; however, 18 this rate shall not exceed the maximum level authorized 19 by the federal government. 20 m. For the fiscal year beginning July 1, 2016, the 21 reimbursement rate for residential care facilities 22 shall not be less than the minimum payment level as 23 established by the federal government to meet the 24 federally mandated maintenance of effort requirement. 25 The flat reimbursement rate for facilities electing not 26 to file annual cost reports shall not be less than the 27 minimum payment level as established by the federal 28 government to meet the federally mandated maintenance 29 of effort requirement. 30 n. For the fiscal year beginning July 1, 2016, 31 the reimbursement rates for inpatient mental health 32 services provided at hospitals shall remain at the 33 rates in effect on June 30, 2016, subject to Medicaid 34 program upper payment limit rules; and psychiatrists 35 -76- HF2460.3823.S (2) 86 jh 76/ 161
shall be reimbursed at the medical assistance program 1 fee-for-service rate in effect on June 30, 2016. 2 o. For the fiscal year beginning July 1, 2016, 3 community mental health centers may choose to be 4 reimbursed for the services provided to recipients of 5 medical assistance through either of the following 6 options: 7 (1) For 100 percent of the reasonable costs of the 8 services. 9 (2) In accordance with the alternative 10 reimbursement rate methodology established by the 11 medical assistance program’s managed care contractor 12 for mental health services and approved by the 13 department of human services in effect on June 30, 14 2016 . 15 p. For the fiscal year beginning July 1, 2016, the 16 reimbursement rate for providers of family planning 17 services that are eligible to receive a 90 percent 18 federal match shall remain at the rates in effect on 19 June 30, 2016. 20 q. For the fiscal year beginning July 1, 2016, the 21 upper limits on and reimbursement rates for providers 22 of home and community-based services waiver services 23 shall remain at the limits in effect on June 30, 24 2016 for which the rate floor is based on the average 25 aggregate reimbursement rate for the fiscal year 26 beginning July 1, 2014, shall be determined as follows: 27 (1) For fee-for-service claims, the reimbursement 28 rate shall be increased by 1 percent over the rates in 29 effect on June 30, 2016 . 30 (2) For managed care claims, the reimbursement rate 31 floor shall be increased by 1 percent over the rate 32 floor in effect on April 1, 2016. 33 r. For the fiscal year beginning July 1, 2016, 34 the reimbursement rates for emergency medical service 35 -77- HF2460.3823.S (2) 86 jh 77/ 161
providers shall remain at the rates in effect on June 1 30, 2016. 2 2. For the fiscal year beginning July 1, 2016, the 3 reimbursement rate for providers reimbursed under the 4 in-home-related care program shall not be less than the 5 minimum payment level as established by the federal 6 government to meet the federally mandated maintenance 7 of effort requirement. 8 3. Unless otherwise directed in this section, when 9 the department’s reimbursement methodology for any 10 provider reimbursed in accordance with this section 11 includes an inflation factor, this factor shall not 12 exceed the amount by which the consumer price index for 13 all urban consumers increased during the calendar year 14 ending December 31, 2002. 15 4. For Notwithstanding section 234.38, for the 16 fiscal year beginning July 1, 2016, the foster family 17 basic daily maintenance rate and the maximum adoption 18 subsidy rate for children ages 0 through 5 years shall 19 be $16.78, the rate for children ages 6 through 11 20 years shall be $17.45, the rate for children ages 12 21 through 15 years shall be $19.10, and the rate for 22 children and young adults ages 16 and older shall 23 be $19.35. For youth ages 18 to 21 who have exited 24 foster care, the preparation for adult living program 25 maintenance rate shall be $602.70 per month. The 26 maximum payment for adoption subsidy nonrecurring 27 expenses shall be limited to $500 and the disallowance 28 of additional amounts for court costs and other related 29 legal expenses implemented pursuant to 2010 Iowa Acts, 30 chapter 1031, section 408 , shall be continued. 31 5. For the fiscal year beginning July 1, 2016, 32 the maximum reimbursement rates for social services 33 providers under contract shall remain at the rates 34 in effect on June 30, 2016, or the provider’s actual 35 -78- HF2460.3823.S (2) 86 jh 78/ 161
and allowable cost plus inflation for each service, 1 whichever is less. However, if a new service or 2 service provider is added after June 30, 2016, the 3 initial reimbursement rate for the service or provider 4 shall be based upon a weighted average of provider 5 rates for similar services. 6 6. For the fiscal year beginning July 1, 2016, the 7 reimbursement rates for resource family recruitment and 8 retention contractors, child welfare emergency services 9 contractors, and supervised apartment living foster 10 care providers shall remain at the rates in effect on 11 June 30, 2016. 12 7. a. For the purposes of this subsection, 13 “combined reimbursement rate” means the combined 14 service and maintenance reimbursement rate for a 15 service level under the department’s reimbursement 16 methodology. Effective July 1, 2016, the combined 17 reimbursement rate for a group foster care service 18 level shall be the amount designated in this 19 subsection. However, if a group foster care provider’s 20 reimbursement rate for a service level as of June 21 30, 2016, is more than the rate designated in this 22 subsection, the provider’s reimbursement shall remain 23 at the higher rate. 24 b. Unless a group foster care provider is subject 25 to the exception provided in paragraph “a”, effective 26 July 1, 2016, the combined reimbursement rates for the 27 service levels under the department’s reimbursement 28 methodology shall be as follows: 29 (1) For service level, community - D1, the daily 30 rate shall be at least $84.17. 31 (2) For service level, comprehensive - D2, the 32 daily rate shall be at least $119.09. 33 (3) For service level, enhanced - D3, the daily 34 rate shall be at least $131.09. 35 -79- HF2460.3823.S (2) 86 jh 79/ 161
8. The group foster care reimbursement rates 1 paid for placement of children out of state shall 2 be calculated according to the same rate-setting 3 principles as those used for in-state providers, 4 unless the director of human services or the director’s 5 designee determines that appropriate care cannot be 6 provided within the state. The payment of the daily 7 rate shall be based on the number of days in the 8 calendar month in which service is provided. 9 9. a. For the fiscal year beginning July 1, 2016, 10 the reimbursement rate paid for shelter care and 11 the child welfare emergency services implemented to 12 provide or prevent the need for shelter care shall be 13 established by contract. 14 b. For the fiscal year beginning July 1, 2016, 15 the combined service and maintenance components of 16 the reimbursement rate paid for shelter care services 17 shall be based on the financial and statistical report 18 submitted to the department. The maximum reimbursement 19 rate shall be $101.83 per day. The department shall 20 reimburse a shelter care provider at the provider’s 21 actual and allowable unit cost, plus inflation, not to 22 exceed the maximum reimbursement rate. 23 c. Notwithstanding section 232.141, subsection 8 , 24 for the fiscal year beginning July 1, 2016, the amount 25 of the statewide average of the actual and allowable 26 rates for reimbursement of juvenile shelter care homes 27 that is utilized for the limitation on recovery of 28 unpaid costs shall remain at the amount in effect for 29 this purpose in the fiscal year beginning July 1, 2015. 30 10. For the fiscal year beginning July 1, 2016, 31 the department shall calculate reimbursement rates 32 for intermediate care facilities for persons with 33 an intellectual disability at the 80th percentile. 34 Beginning July 1, 2016, the rate calculation 35 -80- HF2460.3823.S (2) 86 jh 80/ 161
methodology shall utilize shall remain at the rates in 1 effect on June 30, 2016, as adjusted by the consumer 2 price index inflation factor applicable to the fiscal 3 year beginning July 1, 2016. 4 11. For the fiscal year beginning July 1, 2016, 5 for child care providers reimbursed under the state 6 child care assistance program, the department shall 7 set provider reimbursement rates based on the rate 8 reimbursement survey completed in December 2004. 9 Effective July 1, 2016, the child care provider 10 reimbursement rates shall remain at the rates in effect 11 on June 30, 2016. The department shall set rates in a 12 manner so as to provide incentives for a nonregistered 13 provider to become registered by applying the increase 14 only to registered and licensed providers. 15 11A. For the fiscal year beginning July 1, 2016, 16 with the exception of any provider or service to which 17 a reimbursement increase is applicable for the fiscal 18 year under this section, notwithstanding any provision 19 to the contrary under this section, affected providers 20 or services shall instead be reimbursed as follows: 21 a. For fee-for-service claims, reimbursement 22 shall be calculated based on the methodology otherwise 23 specified in this section for the fiscal year beginning 24 July 1, 2016, for the respective provider or service. 25 b. For claims subject to a managed care contract, 26 reimbursement shall be based on the methodology 27 established by the managed care contract. However, any 28 reimbursement established under such contract shall not 29 be lower than the rate floor approved by the department 30 of human services as the managed care organization 31 provider reimbursement rate floor for the respective 32 provider or service, in effect on April 1, 2016. 33 13. The department may adopt emergency rules to 34 implement this section. 35 -81- HF2460.3823.S (2) 86 jh 81/ 161
Sec. 28. 2015 Iowa Acts, chapter 137, is amended by 1 adding the following new section: 2 NEW SECTION . SEC. 151A. TRANSFER OF MEDICAID 3 MODERNIZATION SAVINGS BETWEEN APPROPRIATIONS FY 4 2016-2017. Notwithstanding section 8.39, subsection 1, 5 for the fiscal year beginning July 1, 2016, if savings 6 resulting from the governor’s Medicaid modernization 7 initiative accrue to the medical contracts or 8 children’s health insurance program appropriation from 9 the general fund of the state and not to the medical 10 assistance appropriation from the general fund of the 11 state under this division of this Act, such savings may 12 be transferred to such medical assistance appropriation 13 for the same fiscal year without prior written consent 14 and approval of the governor and the director of the 15 department of management. The department of human 16 services shall report any transfers made pursuant to 17 this section to the legislative services agency. 18 DIVISION VI 19 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2016-2017 20 Sec. 29. 2015 Iowa Acts, chapter 137, section 152, 21 is amended to read as follows: 22 SEC. 152. PHARMACEUTICAL SETTLEMENT ACCOUNT. There 23 is appropriated from the pharmaceutical settlement 24 account created in section 249A.33 to the department of 25 human services for the fiscal year beginning July 1, 26 2016, and ending June 30, 2017, the following amount, 27 or so much thereof as is necessary, to be used for the 28 purpose designated: 29 Notwithstanding any provision of law to the 30 contrary, to supplement the appropriations made in this 31 Act for medical contracts under the medical assistance 32 program for the fiscal year beginning July 1, 2016, and 33 ending June 30, 2017: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,001,088 35 -82- HF2460.3823.S (2) 86 jh 82/ 161
1,300,000 1 Sec. 30. 2015 Iowa Acts, chapter 137, section 153, 2 is amended to read as follows: 3 SEC. 153. QUALITY ASSURANCE 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 the 7 quality assurance trust fund created in section 249L.4 8 to the department of human services for the fiscal year 9 beginning July 1, 2016, and ending June 30, 2017, the 10 following amounts, or so much thereof as is necessary, 11 for the purposes designated: 12 To supplement the appropriation made in this Act 13 from the general fund of the state to the department 14 of human services for medical assistance for the same 15 fiscal year: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,602,604 17 36,705,208 18 Sec. 31. 2015 Iowa Acts, chapter 137, section 154, 19 is amended to read as follows: 20 SEC. 154. HOSPITAL HEALTH CARE ACCESS TRUST FUND 21 —— DEPARTMENT OF HUMAN SERVICES. Notwithstanding 22 any provision to the contrary and subject to the 23 availability of funds, there is appropriated from 24 the hospital health care access trust fund created in 25 section 249M.4 to the department of human services for 26 the fiscal year beginning July 1, 2016, and ending June 27 30, 2017, the following amounts, or so much thereof as 28 is necessary, for the purposes designated: 29 To supplement the appropriation made in this Act 30 from the general fund of the state to the department 31 of human services for medical assistance for the same 32 fiscal year: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,350,000 34 34,700,000 35 -83- HF2460.3823.S (2) 86 jh 83/ 161
DIVISION VII 1 PROPERTY TAX RELIEF FUND BLOCK GRANT MONEY —— FY 2 2016-2017 3 Sec. 32. 2015 Iowa Acts, chapter 137, section 157, 4 is amended to read as follows: 5 SEC. 157. PROPERTY TAX RELIEF FUND BLOCK GRANT 6 MONEYS. The moneys transferred to the property tax 7 relief fund for the fiscal year beginning July 1, 2015 8 2016 , from the federal social services block grant 9 pursuant to 2015 Iowa Acts, House File 630, and from 10 the federal temporary assistance for needy families 11 block grant, totaling at least $11,774,275 7,456,296 , 12 are appropriated to the department of human services 13 for the fiscal year beginning July 1, 2015 2016 , and 14 ending June 30, 2016 2017 , to be used for the purposes 15 designated, notwithstanding any provision of law to the 16 contrary: 17 1. For distribution to any mental health and 18 disability services region where 25 percent of the 19 region’s projected expenditures exceeds the region’s 20 projected fund balance: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 480,000 22 a. For purposes of this subsection: 23 (1) “Available funds” means a county mental health 24 and services fund balance on June 30, 2015, plus the 25 maximum amount a county was allowed to levy for the 26 fiscal year beginning July 1, 2015. 27 (2) “Projected expenditures” means the actual 28 expenditures of a mental health and disability services 29 region as of June 30, 2015, multiplied by an annual 30 inflation rate of 2 percent plus the projected costs 31 for new core services administered by the region 32 as provided in a region’s regional service system 33 management plan approved pursuant to section 331.393 34 for the fiscal year beginning July 1, 2015. 35 -84- HF2460.3823.S (2) 86 jh 84/ 161
(3) “Projected fund balance” means the difference 1 between a mental health and disability services 2 region’s available funds and projected expenditures. 3 b. If sufficient funds are not available to 4 implement this subsection, the department of human 5 services shall distribute funds to a region in 6 proportion to the availability of funds. 7 2. To be transferred to the appropriation in this 8 Act for child and family services for the fiscal year 9 beginning July 1, 2016, to be used for the purpose of 10 that appropriation: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,407,137 12 6,880,223 13 DIVISION VIII 14 PRIOR YEAR APPROPRIATIONS AND OTHER PROVISIONS 15 FAMILY INVESTMENT PROGRAM ACCOUNT FY 2015-2016 16 Sec. 33. 2015 Iowa Acts, chapter 137, section 17 7, subsection 4, paragraph e, is amended to read as 18 follows: 19 e. For the JOBS program: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,540,398 21 17,140,398 22 FAMILY INVESTMENT PROGRAM GENERAL FUND FY 2015-2016 23 Sec. 34. 2015 Iowa Acts, chapter 137, section 8, 24 unnumbered paragraph 2, is amended to read as follows: 25 To be credited to the family investment program 26 (FIP) account and used for family investment program 27 assistance under chapter 239B : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,673,875 29 44,773,875 30 Sec. 35. 2015 Iowa Acts, chapter 137, section 8, 31 subsection 1, is amended to read as follows: 32 1. Of the funds appropriated in this section, 33 $7,402,220 $7,002,220 is allocated for the JOBS 34 program. 35 -85- HF2460.3823.S (2) 86 jh 85/ 161
MEDICAL ASSISTANCE APPROPRIATION —— FY 2015-2016 1 Sec. 36. 2015 Iowa Acts, chapter 137, section 12, 2 unnumbered paragraph 2, is amended to read as follows: 3 For medical assistance program reimbursement and 4 associated costs as specifically provided in the 5 reimbursement methodologies in effect on June 30, 6 2015, except as otherwise expressly authorized by 7 law, consistent with options under federal law and 8 regulations, and contingent upon receipt of approval 9 from the office of the governor of reimbursement for 10 each abortion performed under the program: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,303,191,564 12 1,318,191,564 13 MODERNIZATION EMERGENCY RULES FY 2015-2016 14 Sec. 37. 2015 Iowa Acts, chapter 137, section 12, 15 subsection 24, is amended to read as follows: 16 24. The department of human services may adopt 17 emergency rules as necessary to implement the 18 governor’s Medicaid modernization initiative beginning 19 January 1, 2016. 20 STATE SUPPLEMENTARY ASSISTANCE FY 2015-2016 21 Sec. 38. 2015 Iowa Acts, chapter 137, section 14, 22 unnumbered paragraph 2, is amended to read as follows: 23 For the state supplementary assistance program: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,997,187 25 11,897,187 26 AUTISM SUPPORT PROGRAM FUND FY 2015-2016 27 Sec. 39. 2015 Iowa Acts, chapter 137, section 13, 28 subsection 5, unnumbered paragraph 1, is amended to 29 read as follows: 30 Of the funds appropriated in this section, 31 $2,000,000 shall be credited to the autism support 32 program fund created in section 225D.2 to be used for 33 the autism support program created in chapter 225D , 34 with the exception of the following amounts of this 35 -86- HF2460.3823.S (2) 86 jh 86/ 161
allocation which shall be used as follows: 1 CHILD CARE ASSISTANCE FY 2015-2016 2 Sec. 40. 2015 Iowa Acts, chapter 137, section 16, 3 unnumbered paragraph 2, is amended to read as follows: 4 For child care programs: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51,408,668 6 41,408,668 7 Sec. 41. 2015 Iowa Acts, chapter 137, section 16, 8 subsection 1, is amended to read as follows: 9 1. Of the funds appropriated in this section, 10 $43,689,241 $33,689,241 shall be used for state child 11 care assistance in accordance with section 237A.13 . 12 Sec. 42. 2015 Iowa Acts, chapter 137, section 16, 13 subsection 9, is amended to read as follows: 14 9. Notwithstanding section 8.33 , moneys advanced 15 for purposes of the programs developed by early 16 childhood Iowa areas, advanced for purposes of 17 wraparound child care, appropriated in this section 18 or received from the federal appropriations made for 19 the purposes of this section that remain unencumbered 20 or unobligated at the close of the fiscal year shall 21 not revert to any fund but shall remain available for 22 expenditure for the purposes designated until the close 23 of the succeeding fiscal year. 24 NURSING FACILITY BUDGET FY 2015-2016 25 Sec. 43. 2015 Iowa Acts, chapter 137, section 29, 26 subsection 1, paragraph a, subparagraph (1), is amended 27 to read as follows: 28 (1) For the fiscal year beginning July 1, 2015, the 29 total state funding amount for the nursing facility 30 budget shall not exceed $151,421,158 $227,131,737 . 31 Sec. 44. EFFECTIVE UPON ENACTMENT. This division 32 of this Act, being deemed of immediate importance, 33 takes effect upon enactment. 34 Sec. 45. RETROACTIVE APPLICABILITY. This division 35 -87- HF2460.3823.S (2) 86 jh 87/ 161
of this Act is retroactively applicable to July 1, 1 2015. 2 DIVISION IX 3 DECATEGORIZATION 4 Sec. 46. DECATEGORIZATION CARRYOVER FUNDING —— 5 TRANSFER TO MEDICAID PROGRAM. Notwithstanding section 6 232.188, subsection 5, paragraph “b”, any state 7 appropriated moneys in the funding pool that remained 8 unencumbered or unobligated at the close of the fiscal 9 year beginning July 1, 2013, and were deemed carryover 10 funding to remain available for the two succeeding 11 fiscal years that still remain unencumbered or 12 unobligated at the close of the fiscal year beginning 13 July 1, 2015, shall not revert but shall be transferred 14 to the medical assistance program for the fiscal year 15 beginning July 1, 2015. 16 Sec. 47. EFFECTIVE UPON ENACTMENT. This division 17 of this Act, being deemed of immediate importance, 18 takes effect upon enactment. 19 Sec. 48. RETROACTIVE APPLICABILITY. This division 20 of this Act is retroactively applicable to July 1, 21 2015. 22 DIVISION X 23 CODE CHANGES 24 LOCAL OFFICES OF SUBSTITUTE DECISION MAKER 25 Sec. 49. Section 231E.4, subsection 3, paragraph a, 26 Code 2016, is amended to read as follows: 27 a. Select persons through a request for proposals 28 process to establish local offices of substitute 29 decision maker in each of the planning and service 30 areas. Local offices shall be established statewide on 31 or before July 1, 2017 2018 . 32 INSTITUTIONS FOR PERSONS WITH AN INTELLECTUAL 33 DISABILITY —— ASSESSMENT 34 Sec. 50. Section 222.60A, Code 2016, is amended to 35 -88- HF2460.3823.S (2) 86 jh 88/ 161
read as follows: 1 222.60A Cost of assessment. 2 Notwithstanding any provision of this chapter to the 3 contrary, any amount attributable to any fee assessed 4 assessment pursuant to section 249A.21 that would 5 otherwise be the liability of any county shall be paid 6 by the state. The department may transfer funds from 7 the appropriation for medical assistance to pay any 8 amount attributable to any fee assessed assessment 9 pursuant to section 249A.21 that is a liability of the 10 state. 11 Sec. 51. Section 249A.12, subsection 3, paragraph 12 c, Code 2016, is amended to read as follows: 13 c. Effective February 1, 2002, the The state shall 14 be responsible for all of the nonfederal share of the 15 costs of intermediate care facility for persons with 16 an intellectual disability services provided under 17 medical assistance attributable to the assessment fee 18 for intermediate care facilities for individuals with 19 an intellectual disability imposed pursuant to section 20 249A.21 . Effective February 1, 2003, a A county is not 21 required to reimburse the department and shall not be 22 billed for the nonfederal share of the costs of such 23 services attributable to the assessment fee . 24 Sec. 52. Section 249A.21, Code 2016, is amended to 25 read as follows: 26 249A.21 Intermediate care facilities for persons 27 with an intellectual disability —— assessment. 28 1. The department may assess An intermediate care 29 facilities facility for persons with an intellectual 30 disability, as defined in section 135C.1 , a fee in 31 shall be assessed an amount for the preceding calendar 32 quarter, not to exceed six percent of the total annual 33 revenue of the facility for the preceding fiscal year 34 actual paid claims for the previous quarter . 35 -89- HF2460.3823.S (2) 86 jh 89/ 161
2. The assessment shall be paid by each 1 intermediate care facility for persons with an 2 intellectual disability to the department in equal 3 monthly amounts on or before the fifteenth day of each 4 month on a quarterly basis . The department may deduct 5 the monthly amount from medical assistance payments 6 to a facility described in subsection 1 . The amount 7 deducted from payments shall not exceed the total 8 amount of the assessments due An intermediate care 9 facility for persons with an intellectual disability 10 shall submit the assessment amount no later than thirty 11 days following the end of each calendar quarter . 12 3. Revenue from the assessments shall be credited 13 The department shall collect the assessment imposed 14 and shall credit all revenues collected to the state 15 medical assistance appropriation. This revenue may 16 be used only for services for which federal financial 17 participation under the medical assistance program is 18 available to match state funds. 19 4. If the department determines that an 20 intermediate care facility for persons with an 21 intellectual disability has underpaid or overpaid 22 the assessment, the department shall notify the 23 intermediate care facility for persons with an 24 intellectual disability of the amount of the unpaid 25 assessment or refund due. Such payment or refund shall 26 be due or refunded within thirty days of the issuance 27 of the notice. 28 5. An intermediate care facility for persons 29 with an intellectual disability that fails to pay the 30 assessment within the time frame specified in this 31 section shall pay, in addition to the outstanding 32 assessment, a penalty in the amount of one and 33 five-tenths percent of the assessment amount owed for 34 each month or portion of each month the payment is 35 -90- HF2460.3823.S (2) 86 jh 90/ 161
overdue. However, if the department determines that 1 good cause is shown for failure to comply with payment 2 of the assessment, the department shall waive the 3 penalty or a portion of the penalty. 4 6. If an assessment has not been received by the 5 department by the last day of the third month after the 6 payment is due, the department shall suspend payment 7 due the intermediate care facility for persons with an 8 intellectual disability under the medical assistance 9 program including payments made on behalf of the 10 medical assistance program by a Medicaid managed care 11 contractor. 12 7. The assessment imposed under this section 13 constitutes a debt due and owing the state and may be 14 collected by civil action, including but not limited to 15 the filing of tax liens, and any other method provided 16 for by law. 17 8. If federal financial participation to match the 18 assessments made under subsection 1 becomes unavailable 19 under federal law, the department shall terminate the 20 imposing of the assessments beginning on the date that 21 the federal statutory, regulatory, or interpretive 22 change takes effect. 23 5. 9. The department of human services may procure 24 a sole source contract to implement the provisions of 25 this section . 26 6. 10. The department may adopt administrative 27 rules under section 17A.4, subsection 3 , and section 28 17A.5, subsection 2 , paragraph “b” , to implement this 29 section , and any fee assessed pursuant to this section 30 against an intermediate care facility for persons with 31 an intellectual disability that is operated by the 32 state may be made retroactive to October 1, 2003 . 33 DIVISION XI 34 HOSPITAL HEALTH CARE ACCESS ASSESSMENT 35 -91- HF2460.3823.S (2) 86 jh 91/ 161
Sec. 53. Section 249M.5, Code 2016, is amended to 1 read as follows: 2 249M.5 Future repeal. 3 This chapter is repealed June 30, 2016 July 1, 2017 . 4 Sec. 54. REVIEW OF ALTERNATIVE ASSESSMENT 5 METHODOLOGY. The department of human services shall 6 explore alternative hospital health care access 7 assessment methodologies and shall make recommendations 8 to the governor and the general assembly by December 9 15, 2016, regarding continuation of the hospital 10 health care access assessment program beyond July 1, 11 2017, and an alternative assessment methodology. Any 12 continuation of the program and assessment methodology 13 shall meet all of the following guidelines: 14 1. All funds generated by the assessment shall 15 be returned to participating hospitals in the form of 16 higher Medicaid payments. 17 2. Continuation of the program and any new 18 assessment methodology shall be subject to any required 19 federal approval. 20 3. Any new assessment methodology shall minimize 21 the negative financial impact on participating 22 hospitals to the greatest extent possible. 23 4. Any new assessment methodology shall result in 24 at least the same if not a greater aggregate financial 25 benefit to participating hospitals compared with the 26 benefit existing under the program prior to July 1, 27 2016. 28 5. Only participating hospitals subject to 29 imposition of the assessment shall receive a financial 30 return from the program. 31 6. Any continuation of the program shall include a 32 means of tracking the financial return to individual 33 participating hospitals. 34 7. Any quality metrics utilized by the program, 35 -92- HF2460.3823.S (2) 86 jh 92/ 161
if continued, shall align with similar metrics being 1 used under Medicare and the state innovation model 2 initiative process. 3 8. Any new assessment methodology shall incorporate 4 a recognition of the increased costs attributable to 5 care and services such as inpatient psychiatric care, 6 rehabilitation services, and neonatal intensive care 7 units. 8 9. Any continuation of the program shall include 9 oversight and review by the hospital health care 10 access trust fund board created in section 249M.4 11 and representatives of participating hospitals to 12 ensure appropriate administration and to provide 13 recommendations for future modifications. 14 Sec. 55. EFFECTIVE UPON ENACTMENT. This division 15 of this Act, being deemed of immediate importance, 16 takes effect upon enactment. 17 Sec. 56. RETROACTIVE APPLICABILITY. The section of 18 this division of this Act amending section 249M.5, Code 19 2016, is retroactively applicable to June 30, 2016. 20 DIVISION XII 21 AUTISM SUPPORT PROGRAM 22 Sec. 57. Section 135.181, subsections 1 and 2, Code 23 2016, are amended to read as follows: 24 1. The department shall establish a board-certified 25 behavior analyst and board-certified assistant behavior 26 analyst grants program to provide grants to Iowa 27 resident and nonresident applicants who have been 28 accepted for admission or are attending a board of 29 regents university, community college, or an accredited 30 private institution, within or outside the state of 31 Iowa, are enrolled in a program that is accredited and 32 meets coursework requirements to prepare the applicant 33 to be eligible for board certification as a behavior 34 analyst or assistant behavior analyst, and demonstrate 35 -93- HF2460.3823.S (2) 86 jh 93/ 161
financial need. Priority in the awarding of a grant 1 shall be given to applicants who are residents of Iowa. 2 2. The department, in cooperation with the 3 department of education, shall adopt rules pursuant 4 to chapter 17A to establish minimum standards for 5 applicants to be eligible for a grant that address all 6 of the following: 7 a. Eligibility requirements for and qualifications 8 of an applicant to receive a grant. The applicant 9 shall agree to practice in the state of Iowa for a 10 period of time, not to exceed four years, as specified 11 in the contract entered into between the applicant and 12 the department at the time the grant is awarded. In 13 addition, the applicant shall agree, as specified in 14 the contract, that during the contract period, the 15 applicant will assist in supervising an individual 16 working toward board certification as a behavior 17 analyst or assistant behavior analyst or to consult 18 with schools and service providers that provide 19 services and supports to individuals with autism. 20 b. The application process for the grant. 21 c. Criteria for preference in awarding of the 22 grants. Priority in the awarding of a grant shall be 23 given to applicants who are residents of Iowa. 24 d. Determination of the amount of a grant. The 25 amount of funding awarded to each applicant shall be 26 based on the applicant’s enrollment status, the number 27 of applicants, and the total amount of available funds. 28 The total amount of funds awarded to an individual 29 applicant shall not exceed fifty percent of the 30 total costs attributable to program tuition and fees, 31 annually. 32 e. Use of the funds awarded. Funds awarded may be 33 used to offset the costs attributable to tuition and 34 fees for the accredited behavior analyst or assistant 35 -94- HF2460.3823.S (2) 86 jh 94/ 161
behavior analyst program. 1 Sec. 58. Section 135.181, Code 2016, is amended by 2 adding the following new subsection: 3 NEW SUBSECTION . 4. The department shall submit 4 a report to the governor and the general assembly no 5 later than January 1, annually, that includes but is 6 not limited to all of the following: 7 a. The number of applications received for the 8 immediately preceding fiscal year. 9 b. The number of applications approved and the 10 total amount of funding awarded in grants in the 11 immediately preceding fiscal year. 12 c. The cost of administering the program in the 13 immediately preceding fiscal year. 14 d. Recommendations for any changes to the program. 15 Sec. 59. Section 225D.1, subsection 8, Code 2016, 16 is amended to read as follows: 17 8. “Eligible individual” means a child less than 18 nine fourteen years of age who has been diagnosed with 19 autism based on a diagnostic assessment of autism, 20 is not otherwise eligible for coverage for applied 21 behavioral analysis treatment under the medical 22 assistance program, section 514C.28 , or private 23 insurance coverage, and whose household income does not 24 exceed four five hundred percent of the federal poverty 25 level. 26 Sec. 60. Section 225D.2, subsection 2, paragraphs c 27 and d, Code 2016, are amended to read as follows: 28 c. Notwithstanding the age limitation for an 29 eligible individual, a provision that if an eligible 30 individual reaches nine fourteen years of age prior to 31 completion of the maximum applied behavioral analysis 32 treatment period specified in paragraph “b” , the 33 individual may complete such treatment in accordance 34 with the individual’s treatment plan, not to exceed the 35 -95- HF2460.3823.S (2) 86 jh 95/ 161
maximum treatment period. 1 d. A graduated schedule for cost-sharing by an 2 eligible individual based on a percentage of the total 3 benefit amount expended for the eligible individual, 4 annually. Cost-sharing shall be applicable to 5 eligible individuals with household incomes at or 6 above two hundred percent of the federal poverty level 7 in incrementally increased amounts up to a maximum 8 of ten fifteen percent. The rules shall provide 9 a financial hardship exemption from payment of the 10 cost-sharing based on criteria established by rule of 11 the department. 12 Sec. 61. AUTISM SUPPORT FUND —— TRANSFER. 13 Notwithstanding section 225D.2, moneys credited to 14 the autism support fund that remain unexpended or 15 unobligated at the close of the fiscal year beginning 16 July 1, 2015, shall be transferred to the appropriation 17 in this Act for medical contracts to be used for the 18 purpose of that appropriation for the succeeding fiscal 19 year. 20 Sec. 62. EFFECTIVE DATE. The section of this 21 division of this Act providing for transfer of moneys 22 in the autism support fund that remain unexpended or 23 unobligated at the close of the fiscal year beginning 24 July 1, 2015, being deemed of immediate importance, 25 takes effect upon enactment. 26 Sec. 63. RETROACTIVE APPLICABILITY. The section 27 of this division of this Act providing for transfer 28 of moneys in the autism support fund that remain 29 unexpended or unobligated at the close of the 30 fiscal year beginning July 1, 2015, is retroactively 31 applicable to July 1, 2015. 32 DIVISION XIII 33 MEDICAID MANAGED CARE OVERSIGHT 34 HEALTH POLICY OVERSIGHT COMMITTEE 35 -96- HF2460.3823.S (2) 86 jh 96/ 161
Sec. 64. Section 2.45, subsection 6, Code 2016, is 1 amended to read as follows: 2 6. The legislative health policy oversight 3 committee, which shall be composed of ten members of 4 the general assembly, consisting of five members from 5 each house, to be appointed by the legislative council. 6 The legislative health policy oversight committee 7 shall receive updates and review data, public input and 8 concerns, and make recommendations for improvements to 9 and changes in law or rule regarding Medicaid managed 10 care meet at least four times annually to evaluate 11 state health policy and provide continuing oversight 12 for publicly funded programs, including but not limited 13 to all facets of the Medicaid and hawk-i programs 14 to, at a minimum, ensure effective and efficient 15 administration of these programs, address stakeholder 16 concerns, monitor program costs and expenditures, and 17 make recommendations relative to the programs . 18 Sec. 65. HEALTH POLICY OVERSIGHT COMMITTEE 19 —— SUBJECT MATTER REVIEW FOR 2016 LEGISLATIVE 20 INTERIM. During the 2016 legislative interim, the 21 health policy oversight committee created in section 22 2.45 shall, as part of the committee’s evaluation 23 of state health policy and review of all facets of 24 the Medicaid and hawk-i programs, review and make 25 recommendations regarding, at a minimum, all of the 26 following: 27 1. The resources and duties of the office of 28 long-term care ombudsman relating to the provision of 29 assistance to and advocacy for Medicaid recipients 30 to determine the designation of duties and level of 31 resources necessary to appropriately address the needs 32 of such individuals. The committee shall consider the 33 health consumer ombudsman alliance report submitted to 34 the general assembly in December 2015, as well as input 35 -97- HF2460.3823.S (2) 86 jh 97/ 161
from the office of long-term care ombudsman and other 1 entities in making recommendations. 2 2. The health benefits and health benefit 3 utilization management criteria for the Medicaid 4 and hawk-i programs to determine the sufficiency 5 and appropriateness of the benefits offered and the 6 utilization of these benefits. 7 3. Prior authorization requirements relative 8 to benefits provided under the Medicaid and hawk-i 9 programs, including but not limited to pharmacy 10 benefits. 11 4. Consistency and uniformity in processes, 12 procedures, forms, and other activities across all 13 Medicaid and hawk-i program participating insurers and 14 managed care organizations, including but not limited 15 to cost and quality reporting, credentialing, billing, 16 prior authorization, and critical incident reporting. 17 5. Provider network adequacy including the use of 18 out-of-network and out-of-state providers. 19 6. The role and interplay of other advisory and 20 oversight entities, including but not limited to the 21 medical assistance advisory council and the hawk-i 22 board. 23 REVIEW OF PROGRAM INTEGRITY DUTIES 24 Sec. 66. REVIEW OF PROGRAM INTEGRITY DUTIES —— 25 WORKGROUP —— REPORT. 26 1. The director of human services shall convene 27 a workgroup comprised of members including the 28 commissioner of insurance, the auditor of state, the 29 Medicaid director and bureau chiefs of the managed care 30 organization oversight and supports bureau, the Iowa 31 Medicaid enterprise support bureau, and the medical 32 and long-term services and supports bureau, and a 33 representative of the program integrity unit, or their 34 designees; and representatives of other appropriate 35 -98- HF2460.3823.S (2) 86 jh 98/ 161
state agencies or other entities including but not 1 limited to the office of the attorney general, the 2 office of long-term care ombudsman, and the Medicaid 3 fraud control unit of the investigations division 4 of the department of inspections and appeals. The 5 workgroup shall do all of the following: 6 a. Review the duties of each entity with 7 responsibilities relative to Medicaid program integrity 8 and managed care organizations; review state and 9 federal laws, regulations, requirements, guidance, and 10 policies relating to Medicaid program integrity and 11 managed care organizations; and review the laws of 12 other states relating to Medicaid program integrity 13 and managed care organizations. The workgroup shall 14 determine areas of duplication, fragmentation, 15 and gaps; shall identify possible integration, 16 collaboration and coordination of duties; and shall 17 determine whether existing general state Medicaid 18 program and fee-for-service policies, laws, and 19 rules are sufficient, or if changes or more specific 20 policies, laws, and rules are required to provide 21 for comprehensive and effective administration and 22 oversight of the Medicaid program including under the 23 fee-for-service and managed care methodologies. 24 b. Review historical uses of the Medicaid 25 fraud fund created in section 249A.50 and make 26 recommendations for future uses of the moneys in the 27 fund and any changes in law necessary to adequately 28 address program integrity. 29 c. Review medical loss ratio provisions relative 30 to Medicaid managed care contracts and make 31 recommendations regarding, at a minimum, requirements 32 for the necessary collection, maintenance, retention, 33 reporting, and sharing of data and information by 34 Medicaid managed care organizations for effective 35 -99- HF2460.3823.S (2) 86 jh 99/ 161
determination of compliance, and to identify the 1 costs and activities that should be included in the 2 calculation of administrative costs, medical costs or 3 benefit expenses, health quality improvement costs, 4 and other costs and activities incidental to the 5 determination of a medical loss ratio. 6 d. Review the capacity of state agencies, including 7 the need for specialized training and expertise, to 8 address Medicaid and managed care organization program 9 integrity and provide recommendations for the provision 10 of necessary resources and infrastructure, including 11 annual budget projections. 12 e. Review the incentives and penalties applicable 13 to violations of program integrity requirements to 14 determine their adequacy in combating waste, fraud, 15 abuse, and other violations that divert limited 16 resources that would otherwise be expended to safeguard 17 the health and welfare of Medicaid recipients, and make 18 recommendations for necessary adjustments to improve 19 compliance. 20 f. Make recommendations regarding the quarterly and 21 annual auditing of financial reports required to be 22 performed for each Medicaid managed care organization 23 to ensure that the activities audited provide 24 sufficient information to the division of insurance 25 of the department of commerce and the department 26 of human services to ensure program integrity. The 27 recommendations shall also address the need for 28 additional audits or other reviews of managed care 29 organizations. 30 g. Review and make recommendations to prohibit 31 cost-shifting between state and local and public and 32 private funding sources for services and supports 33 provided to Medicaid recipients whether directly or 34 indirectly through the Medicaid program. 35 -100- HF2460.3823.S (2) 86 jh 100/ 161
2. The department of human services shall submit 1 a report of the workgroup to the governor, the health 2 policy oversight committee created in section 2.45, 3 and the general assembly initially, on or before 4 November 15, 2016, and on or before November 15, 5 on an annual basis thereafter, to provide findings 6 and recommendations for a coordinated approach 7 to comprehensive and effective administration and 8 oversight of the Medicaid program including under the 9 fee-for-service and managed care methodologies. 10 MEDICAID OMBUDSMAN 11 Sec. 67. Section 231.44, Code 2016, is amended to 12 read as follows: 13 231.44 Utilization of resources —— assistance and 14 advocacy related to long-term services and supports 15 under the Medicaid program. 16 1. The office of long-term care ombudsman may 17 shall utilize its available resources to provide 18 assistance and advocacy services to eligible recipients 19 of long-term services and supports , or individuals 20 seeking long-term services and supports, and the 21 families or legal representatives of such eligible 22 recipients, of long-term services and supports provided 23 through individuals under the Medicaid program. Such 24 assistance and advocacy shall include but is not 25 limited to all of the following: 26 a. Assisting recipients such individuals in 27 understanding the services, coverage, and access 28 provisions and their rights under Medicaid managed 29 care. 30 b. Developing procedures for the tracking and 31 reporting of the outcomes of individual requests for 32 assistance, the obtaining of necessary services and 33 supports, and other aspects of the services provided to 34 eligible recipients such individuals . 35 -101- HF2460.3823.S (2) 86 jh 101/ 161
c. Providing advice and assistance relating to the 1 preparation and filing of complaints, grievances, and 2 appeals of complaints or grievances, including through 3 processes available under managed care plans and the 4 state appeals process, relating to long-term services 5 and supports under the Medicaid program. 6 d. Accessing the results of a review of a level 7 of care assessment or reassessment by a managed care 8 organization in which the managed care organization 9 recommends denial or limited authorization of a 10 service, including the type or level of service, the 11 reduction, suspension, or termination of a previously 12 authorized service, or a change in level of care, upon 13 the request of an affected individual. 14 e. Receiving notices of disenrollment or notices 15 that would result in a change in level of care for 16 affected individuals, including involuntary and 17 voluntary discharges or transfers, from the department 18 of human services or a managed care organization. 19 2. A representative of the office of long-term care 20 ombudsman providing assistance and advocacy services 21 authorized under this section for an individual, 22 shall be provided access to the individual, and shall 23 be provided access to the individual’s medical and 24 social records as authorized by the individual or the 25 individual’s legal representative, as necessary to 26 carry out the duties specified in this section . 27 3. A representative of the office of long-term care 28 ombudsman providing assistance and advocacy services 29 authorized under this section for an individual, shall 30 be provided access to administrative records related to 31 the provision of the long-term services and supports to 32 the individual, as necessary to carry out the duties 33 specified in this section . 34 4. The office of long-term care ombudsman and 35 -102- HF2460.3823.S (2) 86 jh 102/ 161
representatives of the office, when providing 1 assistance and advocacy services under this section, 2 shall be considered a health oversight agency as 3 defined in 45 C.F.R. §164.501 for the purposes of 4 health oversight activities as described in 45 C.F.R. 5 §164.512(d) including access to the health records 6 and other appropriate information of an individual, 7 including from the department of human services or 8 the applicable Medicaid managed care organization, 9 as necessary to fulfill the duties specified under 10 this section. The department of human services, 11 in collaboration with the office of long-term care 12 ombudsman, shall adopt rules to ensure compliance 13 by affected entities with this subsection and to 14 ensure recognition of the office of long-term care 15 ombudsman as a duly authorized and identified agent or 16 representative of the state. 17 5. The department of human services and Medicaid 18 managed care organizations shall inform eligible 19 and potentially eligible Medicaid recipients of the 20 advocacy services and assistance available through the 21 office of long-term care ombudsman and shall provide 22 contact and other information regarding the advocacy 23 services and assistance to eligible and potentially 24 eligible Medicaid recipients as directed by the office 25 of long-term care ombudsman. 26 6. When providing assistance and advocacy services 27 under this section, the office of long-term care 28 ombudsman shall act as an independent agency, and the 29 office of long-term care ombudsman and representatives 30 of the office shall be free of any undue influence that 31 restrains the ability of the office or the office’s 32 representatives from providing such services and 33 assistance. 34 7. The office of long-term care ombudsman shall, in 35 -103- HF2460.3823.S (2) 86 jh 103/ 161
addition to other duties prescribed and at a minimum, 1 do all of the following in the furtherance of the 2 provision of advocacy services and assistance under 3 this section: 4 a. Represent the interests of eligible and 5 potentially eligible Medicaid recipients before 6 governmental agencies. 7 b. Analyze, comment on, and monitor the development 8 and implementation of federal, state, and local laws, 9 regulations, and other governmental policies and 10 actions, and recommend any changes in such laws, 11 regulations, policies, and actions as determined 12 appropriate by the office of long-term care ombudsman. 13 c. To maintain transparency and accountability for 14 activities performed under this section, including 15 for the purposes of claiming federal financial 16 participation for activities that are performed to 17 assist with administration of the Medicaid program: 18 (1) Have complete and direct responsibility for the 19 administration, operation, funding, fiscal management, 20 and budget related to such activities, and directly 21 employ, oversee, and supervise all paid and volunteer 22 staff associated with these activities. 23 (2) Establish separation-of-duties requirements, 24 provide limited access to work space and work 25 product for only necessary staff, and limit access to 26 documents and information as necessary to maintain the 27 confidentiality of the protected health information of 28 individuals served under this section. 29 (3) Collect and submit, annually, to the governor, 30 the health policy oversight committee created in 31 section 2.45, and the general assembly, all of the 32 following with regard to those seeking advocacy 33 services or assistance under this section: 34 (a) The number of contacts by contact type and 35 -104- HF2460.3823.S (2) 86 jh 104/ 161
geographic location. 1 (b) The type of assistance requested including the 2 name of the managed care organization involved, if 3 applicable. 4 (c) The time frame between the time of the initial 5 contact and when an initial response was provided. 6 (d) The amount of time from the initial contact to 7 resolution of the problem or concern. 8 (e) The actions taken in response to the request 9 for advocacy or assistance. 10 (f) The outcomes of requests to address problems or 11 concerns. 12 4. 8. For the purposes of this section : 13 a. “Institutional setting” includes a long-term care 14 facility, an elder group home, or an assisted living 15 program. 16 b. “Long-term services and supports” means the broad 17 range of health, health-related, and personal care 18 assistance services and supports, provided in both 19 institutional settings and home and community-based 20 settings, necessary for older individuals and persons 21 with disabilities who experience limitations in their 22 capacity for self-care due to a physical, cognitive, or 23 mental disability or condition. 24 Sec. 68. NEW SECTION . 231.44A Willful interference 25 with duties related to long-term services and supports 26 —— penalty. 27 Willful interference with a representative of the 28 office of long-term care ombudsman in the performance 29 of official duties in accordance with section 231.44 30 is a violation of section 231.44, subject to a penalty 31 prescribed by rule. The office of long-term care 32 ombudsman shall adopt rules specifying the amount of a 33 penalty imposed, consistent with the penalties imposed 34 under section 231.42, subsection 8, and specifying 35 -105- HF2460.3823.S (2) 86 jh 105/ 161
procedures for notice and appeal of penalties imposed. 1 MEDICAL ASSISTANCE ADVISORY COUNCIL 2 Sec. 69. Section 249A.4B, Code 2016, is amended to 3 read as follows: 4 249A.4B Medical assistance advisory council. 5 1. A medical assistance advisory council is 6 created to comply with 42 C.F.R. §431.12 based on 7 section 1902(a)(4) of the federal Social Security Act 8 and to advise the director about health and medical 9 care services under the medical assistance Medicaid 10 program , participate in Medicaid policy development 11 and program administration, and provide guidance on 12 key issues related to the Medicaid program, whether 13 administered under a fee-for-service, managed care, or 14 other methodology, including but not limited to access 15 to care, quality of care, and service delivery . 16 a. The council shall have the opportunity for 17 participation in policy development and program 18 administration, including furthering the participation 19 of recipients of the program, and without limiting this 20 general authority shall specifically do all of the 21 following: 22 (1) Formulate, review, evaluate, and recommend 23 policies, rules, agency initiatives, and legislation 24 pertaining to the Medicaid program. The council shall 25 have the opportunity to comment on proposed rules 26 prior to commencement of the rulemaking process and on 27 waivers and state plan amendment applications. 28 (2) Prior to the annual budget development process, 29 engage in setting priorities, including consideration 30 of the scope and utilization management criteria 31 for benefits, beneficiary eligibility, provider and 32 services reimbursement rates, and other budgetary 33 issues. 34 (3) Provide oversight for and review of the 35 -106- HF2460.3823.S (2) 86 jh 106/ 161
administration of the Medicaid program. 1 (4) Ensure that the membership of the council 2 effectively represents all relevant and concerned 3 viewpoints, particularly those of consumers, providers, 4 and the general public; create public understanding; 5 and ensure that the services provided under the 6 Medicaid program meet the needs of the people served. 7 b. The council shall meet no more than at least 8 quarterly , and prior to the next subsequent meeting 9 of the executive committee . The director of public 10 health The public member acting as a co-chairperson 11 of the executive committee and the professional or 12 business entity member acting as a co-chairperson of 13 the executive committee, shall serve as chairperson 14 co-chairpersons of the council. 15 2. The council shall include all of the following 16 voting members: 17 a. The president, or the president’s 18 representative, of each of the following professional 19 or business entities, or a member of each of the 20 following professional or business entities, selected 21 by the entity: 22 (1) The Iowa medical society. 23 (2) The Iowa osteopathic medical association. 24 (3) The Iowa academy of family physicians. 25 (4) The Iowa chapter of the American academy of 26 pediatrics. 27 (5) The Iowa physical therapy association. 28 (6) The Iowa dental association. 29 (7) The Iowa nurses association. 30 (8) The Iowa pharmacy association. 31 (9) The Iowa podiatric medical society. 32 (10) The Iowa optometric association. 33 (11) The Iowa association of community providers. 34 (12) The Iowa psychological association. 35 -107- HF2460.3823.S (2) 86 jh 107/ 161
(13) The Iowa psychiatric society. 1 (14) The Iowa chapter of the national association 2 of social workers. 3 (15) The coalition for family and children’s 4 services in Iowa. 5 (16) The Iowa hospital association. 6 (17) The Iowa association of rural health clinics. 7 (18) The Iowa primary care association. 8 (19) Free clinics of Iowa. 9 (20) The opticians’ association of Iowa, inc. 10 (21) The Iowa association of hearing health 11 professionals. 12 (22) The Iowa speech and hearing association. 13 (23) The Iowa health care association. 14 (24) The Iowa association of area agencies on 15 aging. 16 (25) AARP. 17 (26) The Iowa caregivers association. 18 (27) The Iowa coalition of home and community-based 19 services for seniors. 20 (28) The Iowa adult day services association. 21 (29) Leading age Iowa. 22 (30) The Iowa association for home care. 23 (31) The Iowa council of health care centers. 24 (32) The Iowa physician assistant society. 25 (33) The Iowa association of nurse practitioners. 26 (34) The Iowa nurse practitioner society. 27 (35) The Iowa occupational therapy association. 28 (36) The ARC of Iowa, formerly known as the 29 association for retarded citizens of Iowa. 30 (37) The national alliance for the mentally ill on 31 mental illness of Iowa. 32 (38) The Iowa state association of counties. 33 (39) The Iowa developmental disabilities council. 34 (40) The Iowa chiropractic society. 35 -108- HF2460.3823.S (2) 86 jh 108/ 161
(41) The Iowa academy of nutrition and dietetics. 1 (42) The Iowa behavioral health association. 2 (43) The midwest association for medical equipment 3 services or an affiliated Iowa organization. 4 (44) The Iowa public health association. 5 (45) The epilepsy foundation. 6 (46) The Iowa podiatric medical society. 7 (47) The child and family policy center. 8 (48) Early childhood Iowa. 9 b. Public representatives which may include members 10 of consumer groups, including recipients of medical 11 assistance or their families, consumer organizations, 12 and others, which shall be appointed by the governor 13 in equal in number to the number of representatives of 14 the professional and business entities specifically 15 represented under paragraph “a” , appointed by the 16 governor for staggered terms of two years each, none 17 of whom shall be members of, or practitioners of, or 18 have a pecuniary interest in any of the professional 19 or business entities specifically represented under 20 paragraph “a” , and a majority of whom shall be current 21 or former recipients of medical assistance or members 22 of the families of current or former recipients. 23 3. The council shall include all of the following 24 nonvoting members: 25 c. a. The director of public health, or the 26 director’s designee. 27 d. b. The director of the department on aging, or 28 the director’s designee. 29 c. The state long-term care ombudsman, or the 30 ombudsman’s designee. 31 d. The ombudsman appointed pursuant to section 32 2C.3, or the ombudsman’s designee. 33 e. The dean of Des Moines university —— osteopathic 34 medical center, or the dean’s designee. 35 -109- HF2460.3823.S (2) 86 jh 109/ 161
f. The dean of the university of Iowa college of 1 medicine, or the dean’s designee. 2 g. The following members of the general assembly, 3 each for a term of two years as provided in section 4 69.16B : 5 (1) Two members of the house of representatives, 6 one appointed by the speaker of the house of 7 representatives and one appointed by the minority 8 leader of the house of representatives from their 9 respective parties. 10 (2) Two members of the senate, one appointed by the 11 president of the senate after consultation with the 12 majority leader of the senate and one appointed by the 13 minority leader of the senate. 14 3. 4. a. An executive committee of the council is 15 created and shall consist of the following members of 16 the council: 17 (1) As voting members: 18 (a) Five of the professional or business entity 19 members designated pursuant to subsection 2 , paragraph 20 “a” , and selected by the members specified under that 21 paragraph. 22 (2) (b) Five of the public members appointed 23 pursuant to subsection 2 , paragraph “b” , and selected 24 by the members specified under that paragraph. Of the 25 five public members, at least one member shall be a 26 recipient of medical assistance. 27 (3) (2) As nonvoting members: 28 (a) The director of public health, or the 29 director’s designee. 30 (b) The director of the department on aging, or the 31 director’s designee. 32 (c) The state long-term care ombudsman, or the 33 ombudsman’s designee. 34 (d) The ombudsman appointed pursuant to section 35 -110- HF2460.3823.S (2) 86 jh 110/ 161
2C.3, or the ombudsman’s designee. 1 b. The executive committee shall meet on a monthly 2 basis. The director of public health A public member 3 of the executive committee selected by the public 4 members appointed pursuant to subsection 2, paragraph 5 “b” , and a professional or business entity member of 6 the executive committee selected by the professional 7 or business entity members appointed pursuant to 8 subsection 2, paragraph “a” , shall serve as chairperson 9 co-chairpersons of the executive committee. 10 c. Based upon the deliberations of the council and 11 the executive committee, the council and the executive 12 committee , respectively, shall make recommendations to 13 the director , to the health policy oversight committee 14 created in section 2.45, to the general assembly’s 15 joint appropriations subcommittee on health and human 16 services, and to the general assembly’s standing 17 committees on human resources regarding the budget, 18 policy, and administration of the medical assistance 19 program. 20 5. The council shall review Medicaid program 21 policies, administration, budget, and other factors 22 and issues including but not limited to stakeholder 23 safeguards; long-term services and supports; 24 transparency, data, and program evaluation; program 25 integrity; and the health workforce. 26 4. 6. For each council meeting or executive 27 committee meeting, a quorum shall consist of fifty 28 percent of the membership qualified to vote. Where a 29 quorum is present, a position is carried by a majority 30 of the members qualified to vote. 31 7. For each council meeting, other than those 32 held during the time the general assembly is in 33 session, each legislative member of the council shall 34 be reimbursed for actual travel and other necessary 35 -111- HF2460.3823.S (2) 86 jh 111/ 161
expenses and shall receive a per diem as specified 1 in section 7E.6 for each day in attendance, as shall 2 the members of the council or the executive committee , 3 for each day in attendance at a council or executive 4 committee meeting, who are recipients or the family 5 members of recipients of medical assistance, regardless 6 of whether the general assembly is in session. 7 5. 8. The department shall provide staff support 8 and independent technical assistance to the council and 9 the executive committee. 10 6. 9. The director shall consider comply with the 11 requirements of this section regarding the duties of 12 the council, and the deliberations and recommendations 13 offered by of the council and the executive committee 14 shall be reflected in the director’s preparation 15 of medical assistance budget recommendations to 16 the council on human services pursuant to section 17 217.3 , and in implementation of medical assistance 18 program policies , and in administration of the Medicaid 19 program . 20 10. The council and executive committee shall 21 jointly submit quarterly reports to the health policy 22 oversight committee created in section 2.45 and shall 23 jointly submit a report to the governor and the general 24 assembly initially by January 1, 2017, and annually, 25 therefore, summarizing the outcomes and findings of 26 their respective deliberations and any recommendations 27 including but not limited to those for changes in law 28 or policy. 29 11. The council and executive committee may enlist 30 the services of persons who are qualified by education, 31 expertise, or experience to advise, consult with, or 32 otherwise assist the council or executive committee 33 in the performance of their duties. The council 34 or executive committee may specifically enlist the 35 -112- HF2460.3823.S (2) 86 jh 112/ 161
assistance of entities such as the university of Iowa 1 public policy center to provide ongoing evaluation 2 of the Medicaid program and to make evidence-based 3 recommendations to improve the program. The council 4 and the executive committee shall enlist input from 5 the patient-centered health advisory council created 6 in section 135.159, the mental health and disabilities 7 services commission created in section 225C.5, the 8 commission on aging created in section 231.11, the 9 bureau of substance abuse of the department of public 10 health, the Iowa developmental disabilities council, 11 and other appropriate state and local entities to 12 provide advice to the council and executive committee. 13 12. The department, in accordance with 42 C.F.R. 14 §431.12, shall seek federal financial participation 15 for the activities of the council and the executive 16 committee. 17 HAWK-I PROGRAM 18 Sec. 70. Section 514I.5, subsection 3, Code 2016, 19 is amended to read as follows: 20 3. Members appointed by the governor shall serve 21 two-year staggered terms as designated by the governor, 22 and legislative members of the board shall serve 23 two-year terms. The filling of positions reserved 24 for the public representatives, vacancies, membership 25 terms, payment of compensation and expenses, and 26 removal of the members are governed by chapter 69 . 27 Additionally, a vacancy of a member appointed by the 28 governor or of a legislative member shall be filled as 29 expeditiously as possible, and no later than within six 30 months following a resignation, expiration of a term, 31 or a notice of a vacancy. Members of the board are 32 entitled to receive reimbursement of actual expenses 33 incurred in the discharge of their duties. Public 34 members of the board are also eligible to receive 35 -113- HF2460.3823.S (2) 86 jh 113/ 161
compensation as provided in section 7E.6 . A majority 1 of the voting members constitutes a quorum and the 2 affirmative vote of a majority of the voting members is 3 necessary for any substantive action to be taken by the 4 board. The members shall select a chairperson on an 5 annual basis from among the membership of the board. 6 Sec. 71. Section 514I.5, subsection 8, paragraph 7 d, Code 2016, is amended by adding the following new 8 subparagraph: 9 NEW SUBPARAGRAPH . (17) Occupational therapy. 10 Sec. 72. Section 514I.5, subsection 8, Code 2016, 11 is amended by adding the following new paragraph: 12 NEW PARAGRAPH . m. The definition of medically 13 necessary and the utilization management criteria under 14 the hawk-i program in order to ensure that benefits 15 are uniformly and consistently provided across all 16 participating insurers in the type and manner that 17 reflects and appropriately meets the needs, including 18 but not limited to the habilitative and rehabilitative 19 needs, of the child population including those children 20 with special health care needs. 21 MEDICAID PROGRAM POLICY IMPROVEMENT 22 Sec. 73. DIRECTIVES FOR MEDICAID PROGRAM POLICY 23 IMPROVEMENTS. In order to safeguard the interests 24 of Medicaid recipients, encourage the participation 25 of Medicaid providers, and protect the interests 26 of all taxpayers, the department of human services 27 shall comply with or ensure that the specified entity 28 complies with all of the following and shall amend 29 Medicaid managed care contract provisions as necessary 30 to reflect all of the following: 31 1. CONSUMER PROTECTIONS. 32 a. In accordance with 42 C.F.R. §438.420, a 33 Medicaid managed care organization shall continue a 34 recipient’s benefits during an appeal process. If, as 35 -114- HF2460.3823.S (2) 86 jh 114/ 161
allowed when final resolution of an appeal is adverse 1 to the Medicaid recipient, the Medicaid managed care 2 organization chooses to recover the costs of the 3 services furnished to the recipient while an appeal is 4 pending, the Medicaid managed care organization shall 5 provide adequate prior notice of potential recovery 6 of costs to the recipient at the time the appeal is 7 filed, and any costs recovered shall be remitted to the 8 department of human services. 9 b. Ensure that each Medicaid managed care 10 organization provides, at a minimum, all the benefits 11 and services deemed medically necessary including 12 transportation that were covered, including to the 13 extent and in the same manner and subject to the same 14 prior authorization criteria, by the state program 15 directly under fee for service prior to January 1, 16 2016. Benefits covered through Medicaid managed care 17 shall comply with the specific requirements in state 18 law applicable to the respective Medicaid recipient 19 population under fee for service. 20 c. Enhance monitoring of the reduction in or 21 suspension or termination of services provided to 22 Medicaid recipients, including reductions in the 23 provision of home and community-based services waiver 24 services or increases in home and community-based 25 services waiver waiting lists. Medicaid managed care 26 organizations shall provide data to the department 27 as necessary for the department to compile periodic 28 reports on the numbers of individuals transferred from 29 state institutions and long-term care facilities to 30 home and community-based services, and the associated 31 savings. Any savings resulting from the transfers as 32 certified by the department shall be remitted to the 33 department of human services. 34 d. (1) Require each Medicaid managed care 35 -115- HF2460.3823.S (2) 86 jh 115/ 161
organization to adhere to reasonableness and service 1 authorization standards that are appropriate for and 2 do not disadvantage those individuals who have ongoing 3 chronic conditions or who require long-term services 4 and supports. Services and supports for individuals 5 with ongoing chronic conditions or who require 6 long-term services and supports shall be authorized in 7 a manner that reflects the recipient’s continuing need 8 for such services and supports, and limits shall be 9 consistent with a recipient’s current needs assessment 10 and person-centered service plan. 11 (2) In addition to other provisions relating to 12 community-based case management continuity of care 13 requirements, Medicaid managed care contractors shall 14 provide the option to the case manager of a Medicaid 15 recipient who retained the case manager during the 16 six months of transition to Medicaid managed care, if 17 the recipient chooses to continue to retain that case 18 manager beyond the six-month transition period and 19 if the case manager is not otherwise a participating 20 provider of the recipient’s managed care organization 21 provider network, to enter into a single case agreement 22 to continue to provide case management services to the 23 Medicaid recipient. 24 e. Ensure that Medicaid recipients are provided 25 care coordination and case management by appropriately 26 trained professionals in a conflict-free manner. Care 27 coordination and case management shall be provided 28 in a patient-centered and family-centered manner 29 that requires a knowledge of community supports, a 30 reasonable ratio of care coordinators and case managers 31 to Medicaid recipients, standards for frequency of 32 contact with the Medicaid recipient, and specific and 33 adequate reimbursement. 34 f. A Medicaid managed care contract shall include 35 -116- HF2460.3823.S (2) 86 jh 116/ 161
a provision for continuity and coordination of care 1 for a consumer transitioning to Medicaid managed care, 2 including maintaining existing provider-recipient 3 relationships and honoring the amount, duration, and 4 scope of a recipient’s authorized services based on 5 the recipient’s medical history and needs. In the 6 initial transition to Medicaid managed care, to ensure 7 the least amount of disruption, Medicaid managed 8 care organizations shall provide, at a minimum, a 9 one-year transition of care period for all provider 10 types, regardless of network status with an individual 11 Medicaid managed care organization. 12 g. Ensure that a Medicaid managed care organization 13 does not arbitrarily deny coverage for medically 14 necessary services based solely on financial reasons 15 and does not shift the responsibility for provision of 16 services or payment of costs of services to another 17 entity to avoid costs or attain savings. 18 h. Ensure that dental coverage, if not integrated 19 into an overall Medicaid managed care contract, is 20 part of the overall holistic, integrated coverage 21 for physical, behavioral, and long-term services and 22 supports provided to a Medicaid recipient. 23 i. Require each Medicaid managed care organization 24 to verify the offering and actual utilization of 25 services and supports and value-added services, 26 an individual recipient’s encounters and the costs 27 associated with each encounter, and requests and 28 associated approvals or denials of services. 29 Verification of actual receipt of services and supports 30 and value-added services shall, at a minimum, consist 31 of comparing receipt of service against both what 32 was authorized in the recipient’s benefit or service 33 plan and what was actually reimbursed. Value-added 34 services shall not be reportable as allowable medical 35 -117- HF2460.3823.S (2) 86 jh 117/ 161
or administrative costs or factored into rate setting, 1 and the costs of value-added services shall not be 2 passed on to recipients or providers. 3 j. Provide periodic reports to the governor and 4 the general assembly regarding changes in quality of 5 care and health outcomes for Medicaid recipients under 6 managed care compared to quality of care and health 7 outcomes of the same populations of Medicaid recipients 8 prior to January 1, 2016. 9 k. Require each Medicaid managed care organization 10 to maintain records of complaints, grievances, and 11 appeals, and report the number and types of complaints, 12 grievances, and appeals filed, the resolution of each, 13 and a description of any patterns or trends identified 14 to the department of human services and the health 15 policy oversight committee created in section 2.45, 16 on a monthly basis. The department shall review and 17 compile the data on a quarterly basis and make the 18 compilations available to the public. Following review 19 of reports submitted by the department, a Medicaid 20 managed care organization shall take any corrective 21 action required by the department and shall be subject 22 to any applicable penalties. 23 l. Require Medicaid managed care organizations to 24 survey Medicaid recipients, to collect satisfaction 25 data using a uniform instrument, and to provide a 26 detailed analysis of recipient satisfaction as well as 27 various metrics regarding the volume of and timelines 28 in responding to recipient complaints and grievances as 29 directed by the department of human services. 30 m. Require managed care organizations to allow a 31 recipient to request that the managed care organization 32 enter into a single case agreement with a recipient’s 33 out-of-network provider, including a provider outside 34 of the state, to provide for continuity of care when 35 -118- HF2460.3823.S (2) 86 jh 118/ 161
the recipient has an existing relationship with the 1 provider to provide a covered benefit, or to ensure 2 adequate or timely access to a provider of a covered 3 benefit when the managed care organization provider 4 network cannot ensure such adequate or timely access. 5 2. CHILDREN. 6 a. (1) The hawk-i board shall retain all authority 7 specified under chapter 514I relative to the children 8 eligible under section 514I.8 to participate in the 9 hawk-i program, including but not limited to approving 10 any contract entered into pursuant to chapter 514I; 11 approving the benefit package design, reviewing the 12 benefit package design, and making necessary changes 13 to reflect the results of the reviews; and adopting 14 rules for the hawk-i program including those related 15 to qualifying standards for selecting participating 16 insurers for the program and the benefits to be 17 included in a health plan. 18 (2) The hawk-i board shall review benefit plans 19 and utilization review provisions and ensure that 20 benefits provided to children under the hawk-i program, 21 at a minimum, reflect those required by state law as 22 specified in section 514I.5, include both habilitative 23 and rehabilitative services, and are provided as 24 medically necessary relative to the child population 25 served and based on the needs of the program recipient 26 and the program recipient’s medical history. 27 (3) The hawk-i board shall work with the department 28 of human services to coordinate coverage and care for 29 the population of children in the state eligible for 30 either Medicaid or hawk-i coverage so that, to the 31 greatest extent possible, the two programs provide for 32 continuity of care as children transition between the 33 two programs or to private health care coverage. To 34 this end, all contracts with participating insurers 35 -119- HF2460.3823.S (2) 86 jh 119/ 161
providing coverage under the hawk-i program and with 1 all managed care organizations providing coverage for 2 children eligible for Medicaid shall do all of the 3 following: 4 (a) Specifically and appropriately address 5 the unique needs of children and children’s health 6 delivery. 7 (b) Provide for the maintaining of child health 8 panels that include representatives of child health, 9 welfare, policy, and advocacy organizations in the 10 state that address child health and child well-being. 11 (c) Address early intervention and prevention 12 strategies, the provision of a child health care 13 delivery infrastructure for children with special 14 health care needs, utilization of current standards 15 and guidelines for children’s health care and 16 pediatric-specific screening and assessment tools, 17 the inclusion of pediatric specialty providers in 18 the provider network, and the utilization of health 19 homes for children and youth with special health 20 care needs including intensive care coordination 21 and family support and access to a professional 22 family-to-family support system. Such contracts 23 shall utilize pediatric-specific quality measures 24 and assessment tools which shall align with existing 25 pediatric-specific measures as determined in 26 consultation with the child health panel and approved 27 by the hawk-i board. 28 (d) Provide special incentives for innovative 29 and evidence-based preventive, behavioral, and 30 developmental health care and mental health care 31 for children’s programs that improve the life course 32 trajectory of these children. 33 (e) Provide that information collected from the 34 pediatric-specific assessments be used to identify 35 -120- HF2460.3823.S (2) 86 jh 120/ 161
health risks and social determinants of health that 1 impact health outcomes. Such data shall be used in 2 care coordination and interventions to improve patient 3 outcomes and to drive program designs that improve the 4 health of the population. Aggregate assessment data 5 shall be shared with affected providers on a routine 6 basis. 7 b. In order to monitor the quality of and access 8 to health care for children receiving coverage under 9 the Medicaid program, each Medicaid managed care 10 organization shall uniformly report, in a template 11 format designated by the department of human services, 12 the number of claims submitted by providers and the 13 percentage of claims approved by the Medicaid managed 14 care organization for the early and periodic screening, 15 diagnostic, and treatment (EPSDT) benefit based 16 on the Iowa EPSDT care for kids health maintenance 17 recommendations, including but not limited to 18 physical exams, immunizations, the seven categories of 19 developmental and behavioral screenings, vision and 20 hearing screenings, and lead testing. 21 3. PROVIDER PARTICIPATION ENHANCEMENT. 22 a. Ensure that savings achieved through Medicaid 23 managed care does not come at the expense of further 24 reductions in provider rates. The department shall 25 ensure that Medicaid managed care organizations use 26 reasonable reimbursement standards for all provider 27 types and compensate providers for covered services at 28 not less than the minimum reimbursement established 29 by state law applicable to fee for service for a 30 respective provider, service, or product for a fiscal 31 year and as determined in conjunction with actuarially 32 sound rate setting procedures. Such reimbursement 33 shall extend for the entire duration of a managed care 34 contract. 35 -121- HF2460.3823.S (2) 86 jh 121/ 161
b. To enhance continuity of care in the provision 1 of pharmacy services, Medicaid managed care 2 organizations shall utilize the same preferred drug 3 list, recommended drug list, prior authorization 4 criteria, and other utilization management strategies 5 that apply to the state program directly under fee for 6 service and shall apply other provisions of applicable 7 state law including those relating to chemically unique 8 mental health prescription drugs. Reimbursement rates 9 established under Medicaid managed care contracts for 10 ingredient cost reimbursement and dispensing fees shall 11 be subject to and shall reflect provisions of state 12 and federal law, including the minimum reimbursements 13 established in state law for fee for service for a 14 fiscal year. 15 c. Address rate setting and reimbursement of the 16 entire scope of services provided under the Medicaid 17 program to ensure the adequacy of the provider network 18 and to ensure that providers that contribute to the 19 holistic health of the Medicaid recipient, whether 20 inside or outside of the provider network, are 21 compensated for their services. 22 d. Managed care contractors shall submit financial 23 documentation to the department of human services 24 demonstrating payment of claims and expenses by 25 provider type. 26 e. Participating Medicaid providers under a managed 27 care contract shall be allowed to submit claims for up 28 to 365 days following discharge of a Medicaid recipient 29 from a hospital or following the date of service. 30 f. (1) Ensure that a Medicaid managed care 31 organization develops and maintains a provider network 32 of qualified providers who meet state licensing, 33 credentialing, and certification requirements, as 34 applicable, which network shall be sufficient to 35 -122- HF2460.3823.S (2) 86 jh 122/ 161
provide adequate access to all services covered 1 including transportation and for all populations served 2 under the managed care contract. Medicaid managed 3 care organizations shall incorporate existing and 4 traditional providers, including but not limited to 5 those providers that comprise the Iowa collaborative 6 safety net provider network created in section 135.153, 7 into their provider networks. 8 (2) Ensure that respective Medicaid populations 9 are managed at all times within funding limitations 10 and contract terms. The department shall also 11 monitor service delivery and utilization to ensure 12 the responsibility for provision of services to 13 Medicaid recipients is not shifted to non-Medicaid 14 covered services to attain savings, and that such 15 responsibility is not shifted to mental health and 16 disability services regions, local public health 17 agencies, aging and disability resource centers, 18 or other entities unless agreement to provide, and 19 provision for adequate compensation for, such services 20 is agreed to between the affected entities in advance. 21 g. Medicaid managed care organizations shall 22 provide an enrolled Medicaid provider approved by the 23 department of human services the opportunity to be a 24 participating network provider. 25 h. Medicaid managed care organizations shall 26 include provider appeals and grievance procedures 27 that in part allow a provider to file a grievance 28 independently but on behalf of a Medicaid recipient 29 and to appeal claims denials which, if determined to 30 be based on claims for medically necessary services 31 whether or not denied on an administrative basis, shall 32 receive appropriate payment. 33 i. (1) Medicaid managed care organizations 34 shall include as primary care providers any provider 35 -123- HF2460.3823.S (2) 86 jh 123/ 161
designated by the state as a primary care provider, 1 subject to a provider’s respective state certification 2 standards, including but not limited to all of the 3 following: 4 (a) A physician who is a family or general 5 practitioner, a pediatrician, an internist, an 6 obstetrician, or a gynecologist. 7 (b) An advanced registered nurse practitioner. 8 (c) A physician assistant. 9 (d) A chiropractor licensed pursuant to chapter 10 151. 11 (2) A Medicaid managed care organization shall not 12 impose more restrictive, additional, or different scope 13 of practice requirements or standards of practice on a 14 primary care provider than those prescribed by state 15 law as a prerequisite for participation in the managed 16 care organization’s provider network. 17 4. CAPITATION RATES AND MEDICAL LOSS RATIO. 18 a. Capitation rates shall be developed based on all 19 reasonable, appropriate, and attainable costs. Costs 20 that are not reasonable, appropriate, or attainable, 21 including but not limited to improper payment 22 recoveries, shall not be included in the development 23 of capitated rates. 24 b. Capitation rates for Medicaid recipients falling 25 within different rate cells shall not be expected to 26 cross-subsidize one another and the data used to set 27 capitation rates shall be relevant and timely and tied 28 to the appropriate Medicaid population. 29 c. Any increase in capitation rates for managed 30 care contractors is subject to prior statutory approval 31 and shall not exceed three percent over the existing 32 capitation rate in any one-year period or five percent 33 over the existing capitation rate in any two-year 34 period. 35 -124- HF2460.3823.S (2) 86 jh 124/ 161
d. A managed care contract shall impose a minimum 1 Medicaid loss ratio of at least eighty-eight percent. 2 In calculating the medical loss ratio, medical costs 3 or benefit expenses shall include only those costs 4 directly related to patient medical care and not 5 ancillary expenses, including but not limited to any 6 of the following: 7 (1) Program integrity activities. 8 (2) Utilization review activities. 9 (3) Fraud prevention activities beyond the scope of 10 those activities necessary to recover incurred claims. 11 (4) Provider network development, education, or 12 management activities. 13 (5) Provider credentialing activities. 14 (6) Marketing expenses. 15 (7) Administrative costs associated with recipient 16 incentives. 17 (8) Clinical data collection activities. 18 (9) Claims adjudication expenses. 19 (10) Customer service or health care professional 20 hotline services addressing nonclinical recipient 21 questions. 22 (11) Value-added or cost-containment services, 23 wellness programs, disease management, and case 24 management or care coordination programs. 25 (12) Health quality improvement activities unless 26 specifically approved as a medical cost by state law. 27 Costs of health quality improvement activities included 28 in determining the medical loss ratio shall be only 29 those activities that are independent improvements 30 measurable in individual patients. 31 (13) Insurer claims review activities. 32 (14) Information technology costs unless they 33 directly and credibly improve the quality of health 34 care and do not duplicate, conflict with, or fail to be 35 -125- HF2460.3823.S (2) 86 jh 125/ 161
compatible with similar health information technology 1 efforts of providers. 2 (15) Legal department costs including information 3 technology costs, expenses incurred for review and 4 denial of claims, legal costs related to defending 5 claims, settlements for wrongly denied claims, and 6 costs related to administrative claims handling 7 including salaries of administrative personnel and 8 legal costs. 9 (16) Taxes unrelated to premiums or the provision 10 of medical care. Only state and federal taxes and 11 licensing or regulatory fees relevant to actual 12 premiums collected, not including such taxes and fees 13 as property taxes, taxes on investment income, taxes on 14 investment property, and capital gains taxes, may be 15 included in determining the medical loss ratio. 16 e. (1) Provide enhanced guidance and criteria for 17 defining medical and administrative costs, recoveries, 18 and rebates including pharmacy rebates, and the 19 recording, reporting, and recoupment of such costs, 20 recoveries, and rebates realized. 21 (2) Medicaid managed care organizations shall 22 offset recoveries, rebates, and refunds against 23 medical costs, include only allowable administrative 24 expenses in the determination of administrative costs, 25 report costs related to subcontractors properly, and 26 have complete systems checks and review processes to 27 identify overpayment possibilities. 28 (3) Medicaid managed care contractors shall submit 29 publicly available, comprehensive financial statements 30 to the department of human services to verify that the 31 minimum medical loss ratio is being met and shall be 32 subject to periodic audits. 33 5. DATA AND INFORMATION, EVALUATION, AND OVERSIGHT. 34 a. Develop and administer a clear, detailed policy 35 -126- HF2460.3823.S (2) 86 jh 126/ 161
regarding the collection, storage, integration, 1 analysis, maintenance, retention, reporting, sharing, 2 and submission of data and information from the 3 Medicaid managed care organizations and shall require 4 each Medicaid managed care organization to have in 5 place a data and information system to ensure that 6 accurate and meaningful data is available. At a 7 minimum, the data shall allow the department to 8 effectively measure and monitor Medicaid managed care 9 organization performance, quality, outcomes including 10 recipient health outcomes, service utilization, 11 finances, program integrity, the appropriateness 12 of payments, and overall compliance with contract 13 requirements; perform risk adjustments and determine 14 actuarially sound capitation rates and appropriate 15 provider reimbursements; verify that the minimum 16 medical loss ratio is being met; ensure recipient 17 access to and use of services; create quality measures; 18 and provide for program transparency. 19 b. Medicaid managed care organizations shall 20 directly capture and retain and shall report actual and 21 detailed medical claims costs and administrative cost 22 data to the department as specified by the department. 23 Medicaid managed care organizations shall allow the 24 department to thoroughly and accurately monitor the 25 medical claims costs and administrative costs data 26 Medicaid managed care organizations report to the 27 department. 28 c. Any audit of Medicaid managed care contracts 29 shall ensure compliance including with respect to 30 appropriate medical costs, allowable administrative 31 costs, the medical loss ratio, cost recoveries, 32 rebates, overpayments, and with specific contract 33 performance requirements. 34 d. The external quality review organization 35 -127- HF2460.3823.S (2) 86 jh 127/ 161
contracting with the department shall review the 1 Medicaid managed care program to determine if the 2 state has sufficient infrastructure and controls in 3 place to effectively oversee the Medicaid managed care 4 organizations and the Medicaid program in order to 5 ensure, at a minimum, compliance with Medicaid managed 6 care organization contracts and to prevent fraud, 7 abuse, and overpayments. The results of any external 8 quality review organization review shall be submitted 9 to the governor, the general assembly, and the health 10 policy oversight committee created in section 2.45. 11 e. Publish benchmark indicators based on Medicaid 12 program outcomes from the fiscal year beginning July 1, 13 2015, to be used to compare outcomes of the Medicaid 14 program as administered by the state program prior 15 to July 1, 2015, to those outcomes of the program 16 under Medicaid managed care. The outcomes shall 17 include a comparison of actual costs of the program 18 as administered prior to and after implementation of 19 Medicaid managed care. The data shall also include 20 specific detail regarding the actual expenses incurred 21 by each managed care organization by specific provider 22 line of service. 23 f. Review and approve or deny approval of contract 24 amendments on an ongoing basis to provide for 25 continuous improvement in Medicaid managed care and 26 to incorporate any changes based on changes in law or 27 policy. 28 g. (1) Require managed care contractors to track 29 and report on a monthly basis to the department of 30 human services, at a minimum, all of the following: 31 (a) The number and details relating to prior 32 authorization requests and denials. 33 (b) The ten most common reasons for claims denials. 34 Information reported by a managed care contractor 35 -128- HF2460.3823.S (2) 86 jh 128/ 161
relative to claims shall also include the number 1 of claims denied, appealed, and overturned based on 2 provider type and service type. 3 (c) Utilization of health care services by 4 diagnostic related group and ambulatory payment 5 classification as well as total claims volume. 6 (2) The department shall ensure the validity 7 of all information submitted by a Medicaid managed 8 care organization and shall make the monthly reports 9 available to the public. 10 h. Medicaid managed care organizations shall 11 maintain stakeholder panels comprised of an equal 12 number of Medicaid recipients and providers. Medicaid 13 managed care organizations shall provide for separate 14 provider-specific panels to address detailed payment, 15 claims, process, and other issues as well as grievance 16 and appeals processes. 17 i. Medicaid managed care contracts shall align 18 economic incentives, delivery system reforms, and 19 performance and outcome metrics with those of the state 20 innovation models initiatives and Medicaid accountable 21 care organizations. The department of human services 22 shall develop and utilize a common, uniform set of 23 process, quality, and consumer satisfaction measures 24 across all Medicaid payors and providers that align 25 with those developed through the state innovation 26 models initiative and shall ensure that such measures 27 are expanded and adjusted to address additional 28 populations and to meet population health objectives. 29 Medicaid managed care contracts shall include long-term 30 performance and outcomes goals that reward success in 31 achieving population health goals such as improved 32 community health metrics. 33 j. (1) Require consistency and uniformity of 34 processes, procedures, reports, and forms across 35 -129- HF2460.3823.S (2) 86 jh 129/ 161
all Medicaid managed care organizations to reduce 1 the administrative burden to providers and consumers 2 and to increase efficiencies in the program. Such 3 requirements shall apply to but are not limited to 4 areas of uniform cost and quality reporting, uniform 5 prior authorization requirements and procedures, 6 uniform utilization management criteria, centralized, 7 uniform, and seamless credentialing requirements and 8 procedures, and uniform critical incident reporting. 9 (2) The department of human services shall 10 establish a comprehensive provider credentialing 11 process to be recognized and utilized by all Medicaid 12 managed care organization contractors. The process 13 shall meet the national committee for quality assurance 14 and other appropriate standards. The process shall 15 ensure that credentialing is completed in a timely 16 manner without disruption to provider billing 17 processes. 18 k. Medicaid managed care organizations and any 19 entity with which a managed care organization contracts 20 for the performance of services shall disclose at no 21 cost to the department all discounts, incentives, 22 rebates, fees, free goods, bundling arrangements, and 23 other agreements affecting the net cost of goods or 24 services provided under a managed care contract. 25 Sec. 74. RETROACTIVE APPLICABILITY. The section 26 of this division of this Act relating to directives 27 for Medicaid program policy improvements applies 28 retroactively to July 1, 2015. 29 Sec. 75. EFFECTIVE UPON ENACTMENT. This division 30 of this Act, being deemed of immediate importance, 31 takes effect upon enactment. 32 DIVISION XIV 33 CHILDREN’S MENTAL HEALTH AND WELL-BEING 34 Sec. 76. CHILDREN’S MENTAL HEALTH CRISIS SERVICES 35 -130- HF2460.3823.S (2) 86 jh 130/ 161
—— PLANNING GRANTS. 1 1. The department of human services shall establish 2 a request for proposals process, in cooperation 3 with the departments of public health and education 4 and the judicial branch, which shall be based upon 5 recommendations for children’s mental health crisis 6 services described in the children’s mental health and 7 well-being workgroup final report submitted to the 8 department on December 15, 2015. 9 2. Planning grants shall be awarded to two lead 10 entities. Each lead entity should be a member of 11 a specifically designated coalition of three to 12 four other entities that propose to serve different 13 geographically defined areas of the state, but a lead 14 entity shall not be a mental health and disability 15 services region. 16 3. The request for proposals shall require each 17 grantee to develop a plan for children’s mental health 18 crisis services for the grantee’s defined geographic 19 area that includes all of the following: 20 a. Identification of the existing children’s mental 21 health crisis services in the defined area. 22 b. Identification of gaps in children’s mental 23 health crisis services in the defined area. 24 c. A plan for collection of data that demonstrates 25 the effects of children’s mental health crisis services 26 through the collection of outcome data and surveys of 27 the children affected and their families. 28 d. A method for using federal, state, and other 29 funding including funding currently available, to 30 implement and support children’s mental health crisis 31 services. 32 e. Utilization of collaborative processes developed 33 from the recommendations from the children’s mental 34 health and well-being workgroup final report submitted 35 -131- HF2460.3823.S (2) 86 jh 131/ 161
to the department on December 15, 2015. 1 f. A recommendation for any additional state 2 funding needed to establish a children’s mental health 3 crisis service system in the defined area. 4 g. A recommendation for statewide standard 5 requirements for children’s mental health crisis 6 services, as defined in the children’s mental health 7 and well-being workgroup final report submitted to the 8 department of human services on December 15, 2015, 9 including but not limited to all of the following: 10 (1) Standardized primary care practitioner 11 screenings. 12 (2) Standardized mental health crisis screenings. 13 (3) Standardized mental health and substance use 14 disorder assessments. 15 (4) Requirements for certain inpatient psychiatric 16 hospitals and psychiatric medical institutions for 17 children to accept and treat all children regardless of 18 the acuity of their condition. 19 4. Each grantee shall submit a report to the 20 department by December 15, 2016. The department 21 shall combine the essentials of each report and shall 22 submit a report to the general assembly by January 23 15, 2017, regarding the department’s conclusions and 24 recommendations. 25 Sec. 77. CHILDREN’S WELL-BEING LEARNING LABS. The 26 department of human services, utilizing existing 27 departmental resources and with the continued 28 assistance of a private child welfare foundation 29 focused on improving child well-being, shall study 30 and collect data on emerging, collaborative efforts 31 in existing programs engaged in addressing well-being 32 for children with complex needs and their families in 33 communities across the state. The department shall 34 establish guidelines based upon recommendations in 35 -132- HF2460.3823.S (2) 86 jh 132/ 161
the children’s mental health and well-being workgroup 1 final report submitted to the department on December 2 15, 2015, to select three to five such programs to 3 be designated learning labs to enable the department 4 to engage in a multi-site learning process during the 5 2016 calendar year with a goal of creating an expansive 6 structured learning network. The department shall 7 submit a report with recommendations including lessons 8 learned, suggested program design refinements, and 9 implications for funding, policy changes, and best 10 practices to the general assembly by January 15, 2017. 11 Sec. 78. DEPARTMENT OF HUMAN SERVICES —— ADDITIONAL 12 STUDY REPORTS. The department of human services shall, 13 in consultation with the department of public health, 14 the mental health and disability services commission, 15 and the mental health planning council, submit a 16 report with recommendations to the general assembly by 17 December 15, 2016, regarding all of the following: 18 1. The creation and implementation of a statewide 19 children’s mental health crisis service system to 20 include but not be limited to an inventory of all 21 current children’s mental health crisis service systems 22 in the state including children’s mental health crisis 23 service system telephone lines. The report shall 24 include recommendations regarding proposed changes to 25 improve the effectiveness of and access to children’s 26 mental health crisis services. 27 2. The development and implementation of a 28 children’s mental health public education and awareness 29 campaign that targets the reduction of stigma for 30 children with mental illness and that supports children 31 with mental illness and their families in seeking 32 effective treatment. The plan shall include potential 33 methods for funding such a campaign. 34 Sec. 79. CHILDREN’S MENTAL HEALTH AND WELL-BEING 35 -133- HF2460.3823.S (2) 86 jh 133/ 161
ADVISORY COMMITTEE. The department of human services 1 shall create and provide support to a children’s mental 2 health and well-being advisory committee to continue 3 the coordinated efforts of the children’s mental health 4 subcommittee and the children’s well-being subcommittee 5 of the children’s mental health and well-being 6 workgroup. Consideration shall be given to continued 7 service by members of the children’s mental health and 8 well-being workgroup created pursuant to 2015 Iowa 9 Acts, ch. 137, and representatives from the departments 10 of human services, public health, and education; the 11 judicial branch; and other appropriate stakeholders 12 designated by the director. The advisory committee 13 shall do all of the following: 14 1. Provide guidance regarding implementation of 15 the recommendations in the children’s mental health 16 and well-being workgroup final report submitted to the 17 department on December 15, 2015, and subsequent reports 18 required by this Act. 19 2. Select and study additional children’s 20 well-being learning labs to assure a continued 21 commitment to joint learning and comparison for all 22 learning lab sites. 23 DIVISION XV 24 OPIOID ANTAGONIST REVISION 25 Sec. 80. Section 135.190, subsection 1, as enacted 26 by 2016 Iowa Acts, Senate File 2218, section 1, is 27 amended by adding the following new paragraph: 28 NEW PARAGRAPH . 0a. “Licensed health care 29 professional” means the same as defined in section 30 280.16. 31 Sec. 81. Section 135.190, as enacted by 2016 Iowa 32 Acts, Senate File 2218, section 1, is amended by adding 33 the following new subsections: 34 NEW SUBSECTION . 1A. a. Notwithstanding any other 35 -134- HF2460.3823.S (2) 86 jh 134/ 161
provision of law to the contrary, a licensed health 1 care professional may prescribe an opioid antagonist to 2 a person in a position to assist. 3 b. (1) Notwithstanding any other provision of law 4 to the contrary, a pharmacist licensed under chapter 5 155A may, by standing order or through collaborative 6 agreement, dispense, furnish, or otherwise provide an 7 opioid antagonist to a person in a position to assist. 8 (2) A pharmacist who dispenses, furnishes, or 9 otherwise provides an opioid antagonist pursuant to a 10 valid prescription, standing order, or collaborative 11 agreement shall provide instruction to the recipient 12 in accordance with any protocols and instructions 13 developed by the department under this section. 14 NEW SUBSECTION . 4. The department may adopt rules 15 pursuant to chapter 17A to implement and administer 16 this section. 17 Sec. 82. Section 135.190, subsection 3, as enacted 18 by 2016 Iowa Acts, Senate File 2218, section 1, is 19 amended to read as follows: 20 3. A person in a position to assist or a prescriber 21 of an opioid antagonist who has acted reasonably and in 22 good faith shall not be liable for any injury arising 23 from the provision, administration, or assistance in 24 the administration of an opioid antagonist as provided 25 in this section. 26 Sec. 83. Section 147A.18, subsections 1 and 5, as 27 enacted by 2016 Iowa Acts, Senate File 2218, section 3, 28 are amended to read as follows: 29 1. a. Notwithstanding any other provision of law 30 to the contrary, a licensed health care professional 31 may prescribe an opioid antagonist in the name of 32 a service program, law enforcement agency, or fire 33 department to be maintained for use as provided in this 34 section. 35 -135- HF2460.3823.S (2) 86 jh 135/ 161
b. (1) Notwithstanding any other provision of law 1 to the contrary, a pharmacist licensed under chapter 2 155A may, by standing order or through collaborative 3 agreement, dispense, furnish, or otherwise provide an 4 opioid antagonist in the name of a service program, law 5 enforcement agency, or fire department to be maintained 6 for use as provided in this section. 7 (2) A pharmacist who dispenses, furnishes, or 8 otherwise provides an opioid antagonist pursuant to a 9 valid prescription, standing order, or collaborative 10 agreement shall provide instruction to the recipient 11 in accordance with the protocols and instructions 12 developed by the department under this section. 13 5. The department shall may adopt rules pursuant 14 to chapter 17A to implement and administer this 15 section , including but not limited to standards 16 and procedures for the prescription, distribution, 17 storage, replacement, and administration of opioid 18 antagonists, and for the training and authorization 19 to be required for first responders to administer an 20 opioid antagonist . 21 Sec. 84. OPIOID ANTAGONIST IMPLEMENTATION 22 CONTINGENCY. 2016 Iowa Acts, Senate File 2218, section 23 4, is repealed. 24 Sec. 85. 2016 Iowa Acts, Senate File 2218, as 25 enacted, is amended by adding the following new 26 section: 27 NEW SECTION . SEC. ___. EFFECTIVE UPON ENACTMENT. 28 This Act, being deemed of immediate importance, takes 29 effect upon enactment. 30 Sec. 86. EFFECTIVE DATE. This division of this 31 Act, being deemed of immediate importance, takes effect 32 upon enactment. 33 Sec. 87. RETROACTIVE APPLICABILITY. This division 34 of this Act applies retroactively to April 6, 2016. 35 -136- HF2460.3823.S (2) 86 jh 136/ 161
DIVISION XVI 1 NURSING GRANT PROGRAMS 2 Sec. 88. Section 135.178, Code 2016, is amended to 3 read as follows: 4 135.178 Nurse residency state matching grants 5 program —— repeal . 6 1. The department shall establish a nurse residency 7 state matching grants program to provide matching state 8 funding to sponsors of nurse residency programs in this 9 state to establish, expand, or support nurse residency 10 programs that meet standards adopted by rule of the 11 department. Funding for the program may be provided 12 through the health care workforce shortage fund or 13 the nurse residency state matching grants program 14 account created in section 135.175 . The department, 15 in cooperation with the Iowa board of nursing, the 16 department of education, Iowa institutions of higher 17 education with board of nursing-approved programs 18 to educate nurses, and the Iowa nurses association, 19 shall adopt rules pursuant to chapter 17A to establish 20 minimum standards for nurse residency programs to be 21 eligible for a matching grant that address all of the 22 following: 23 a. 1. Eligibility requirements for and 24 qualifications of a sponsor of a nurse residency 25 program to receive a grant, including that the program 26 includes both rural and urban components. 27 b. 2. The application process for the grant. 28 c. 3. Criteria for preference in awarding of the 29 grants. 30 d. 4. Determination of the amount of a grant. 31 e. 5. Use of the funds awarded. Funds may be 32 used to pay the costs of establishing, expanding, or 33 supporting a nurse residency program as specified in 34 this section , including but not limited to the costs 35 -137- HF2460.3823.S (2) 86 jh 137/ 161
associated with residency stipends and nursing faculty 1 stipends. 2 2. This section is repealed June 30, 2016. 3 Sec. 89. Section 261.129, Code 2016, is amended to 4 read as follows: 5 261.129 Iowa needs nurses now initiative —— repeal . 6 1. Nurse educator incentive payment program. 7 a. The commission shall establish a nurse educator 8 incentive payment program. Funding for the program 9 may be provided through the health care workforce 10 shortage fund or the health care professional and 11 Iowa needs nurses now initiative account created in 12 section 135.175 . For the purposes of this subsection , 13 “nurse educator” means a registered nurse who holds a 14 master’s degree or doctorate degree and is employed 15 as a faculty member who teaches nursing in a nursing 16 education program as provided in 655 IAC 2.6 at a 17 community college, an accredited private institution, 18 or an institution of higher education governed by the 19 state board of regents. 20 b. The program shall consist of incentive payments 21 to recruit and retain nurse educators. The program 22 shall provide for incentive payments of up to twenty 23 thousand dollars for a nurse educator who remains 24 teaching in a qualifying teaching position for a period 25 of not less than four consecutive academic years. 26 c. The nurse educator and the commission shall 27 enter into an agreement specifying the obligations of 28 the nurse educator and the commission. If the nurse 29 educator leaves the qualifying teaching position prior 30 to teaching for four consecutive academic years, the 31 nurse educator shall be liable to repay the incentive 32 payment amount to the state, plus interest as specified 33 by rule. However, if the nurse educator leaves the 34 qualifying teaching position involuntarily, the nurse 35 -138- HF2460.3823.S (2) 86 jh 138/ 161
educator shall be liable to repay only a pro rata 1 amount of the incentive payment based on incompleted 2 years of service. 3 d. The commission, in consultation with the 4 department of public health, the board of nursing, 5 the department of education, and the Iowa nurses 6 association, shall adopt rules pursuant to chapter 17A 7 relating to the establishment and administration of the 8 nurse educator incentive payment program. The rules 9 shall include provisions specifying what constitutes a 10 qualifying teaching position. 11 2. Nursing faculty fellowship program. 12 a. The commission shall establish a nursing faculty 13 fellowship program to provide funds to nursing schools 14 in the state, including but not limited to nursing 15 schools located at community colleges, for fellowships 16 for individuals employed in qualifying positions on 17 the nursing faculty. Funding for the program may be 18 provided through the health care workforce shortage 19 fund or the health care professional and the Iowa 20 needs nurses now initiative account created in section 21 135.175 . The program shall be designed to assist 22 nursing schools in filling vacancies in qualifying 23 positions throughout the state. 24 b. The commission, in consultation with the 25 department of public health, the board of nursing, 26 the department of education, and the Iowa nurses 27 association, and in cooperation with nursing schools 28 throughout the state, shall develop a distribution 29 formula which shall provide that no more than thirty 30 percent of the available moneys are awarded to a single 31 nursing school. Additionally, the program shall limit 32 funding for a qualifying position in a nursing school 33 to no more than ten thousand dollars per year for up 34 to three years. 35 -139- HF2460.3823.S (2) 86 jh 139/ 161
c. The commission, in consultation with the 1 department of public health, the board of nursing, 2 the department of education, and the Iowa nurses 3 association, shall adopt rules pursuant to chapter 17A 4 to administer the program. The rules shall include 5 provisions specifying what constitutes a qualifying 6 position at a nursing school. 7 d. In determining eligibility for a fellowship, the 8 commission shall consider all of the following: 9 (1) The length of time a qualifying position has 10 gone unfilled at a nursing school. 11 (2) Documented recruiting efforts by a nursing 12 school. 13 (3) The geographic location of a nursing school. 14 (4) The type of nursing program offered at the 15 nursing school, including associate, bachelor’s, 16 master’s, or doctoral degrees in nursing, and the need 17 for the specific nursing program in the state. 18 3. Nurse educator scholarship program. 19 a. The commission shall establish a nurse educator 20 scholarship program. Funding for the program may be 21 provided through the health care workforce shortage 22 fund or the health care professional and the Iowa 23 needs nurses now initiative account created in section 24 135.175 . The goal of the nurse educator scholarship 25 program is to address the waiting list of qualified 26 applicants to Iowa’s nursing schools by providing 27 incentives for the training of additional nursing 28 educators. For the purposes of this subsection , “nurse 29 educator” means a registered nurse who holds a master’s 30 degree or doctorate degree and is employed as a faculty 31 member who teaches nursing in a nursing education 32 program as provided in 655 IAC 2.6 at a community 33 college, an accredited private institution, or an 34 institution of higher education governed by the state 35 -140- HF2460.3823.S (2) 86 jh 140/ 161
board of regents. 1 b. The program shall consist of scholarships to 2 further advance the education of nurses to become nurse 3 educators. The program shall provide for scholarship 4 payments in an amount established by rule for students 5 who are preparing to teach in qualifying teaching 6 positions. 7 c. The commission, in consultation with the 8 department of public health, the board of nursing, 9 the department of education, and the Iowa nurses 10 association, shall adopt rules pursuant to chapter 11 17A relating to the establishment and administration 12 of the nurse educator scholarship program. The rules 13 shall include provisions specifying what constitutes 14 a qualifying teaching position and the amount of any 15 scholarship. 16 4. Nurse educator 17 scholarship-in-exchange-for-service program. 18 a. The commission shall establish a nurse educator 19 scholarship-in-exchange-for-service program. Funding 20 for the program may be provided through the health care 21 workforce shortage fund or the health care professional 22 and Iowa needs nurses now initiative account created 23 in section 135.175 . The goal of the nurse educator 24 scholarship-in-exchange-for-service program is to 25 address the waiting list of qualified applicants to 26 Iowa’s nursing schools by providing incentives for the 27 education of additional nursing educators. For the 28 purposes of this subsection , “nurse educator” means 29 a registered nurse who holds a master’s degree or 30 doctorate degree and is employed as a faculty member 31 who teaches nursing in a nursing education program 32 as provided in 655 IAC 2.6 at a community college, 33 an accredited private institution, or an institution 34 of higher education governed by the state board of 35 -141- HF2460.3823.S (2) 86 jh 141/ 161
regents. 1 b. The program shall consist of scholarships to 2 further advance the education of nurses to become 3 nurse educators. The program shall provide for 4 scholarship-in-exchange-for-service payments in 5 an amount established by rule for students who are 6 preparing to teach in qualifying teaching positions for 7 a period of not less than four consecutive academic 8 years. 9 c. The scholarship-in-exchange-for-service 10 recipient and the commission shall enter into an 11 agreement specifying the obligations of the applicant 12 and the commission. If the nurse educator leaves the 13 qualifying teaching position prior to teaching for four 14 consecutive academic years, the nurse educator shall be 15 liable to repay the scholarship-in-exchange-for-service 16 amount to the state plus interest as specified by rule. 17 However, if the nurse educator leaves the qualified 18 teaching position involuntarily, the nurse educator 19 shall be liable to repay only a pro rata amount of the 20 scholarship based on incomplete years of service. 21 d. The receipt of a nurse educator 22 scholarship-in-exchange-for-service shall not 23 impact eligibility of an individual for other 24 financial incentives including but not limited to loan 25 forgiveness programs. 26 e. The commission, in consultation with 27 the department of public health, the board of 28 nursing, the department of education, and the Iowa 29 nurses association, shall adopt rules pursuant 30 to chapter 17A relating to the establishment 31 and administration of the nurse educator 32 scholarship-in-exchange-for-service program. The 33 rules shall include the provisions specifying what 34 constitutes a qualifying teaching position and the 35 -142- HF2460.3823.S (2) 86 jh 142/ 161
amount of any scholarship-in-exchange-for-service. 1 5. Repeal. This section is repealed June 30, 2016. 2 Sec. 90. EFFECTIVE UPON ENACTMENT. This division 3 of this Act, being deemed of immediate importance, 4 takes effect upon enactment. 5 Sec. 91. RETROACTIVE APPLICABILITY. This division 6 of this Act is retroactively applicable to June 30, 7 2016. 8 DIVISION XVII 9 NON-STATE GOVERNMENT-OWNED NURSING FACILITY UPPER 10 PAYMENT LIMIT SUPPLEMENTAL PAYMENT PROGRAM 11 Sec. 92. Section 249L.2, Code 2016, is amended by 12 adding the following new subsections: 13 NEW SUBSECTION . 5A. “Non-state governmental entity” 14 means a hospital authority, hospital district, health 15 care district, city, or county. 16 NEW SUBSECTION . 5B. “Non-state government-owned 17 nursing facility” means a nursing facility owned or 18 operated by a non-state governmental entity for which 19 a non-state governmental entity holds the nursing 20 facility’s license and is party to the nursing 21 facility’s Medicaid contract. 22 Sec. 93. Section 249L.2, subsection 6, Code 2016, 23 is amended to read as follows: 24 6. “Nursing facility” means a licensed nursing 25 facility as defined in section 135C.1 that is a 26 freestanding facility or a nursing facility operated by 27 a hospital licensed pursuant to chapter 135B , but does 28 not include a distinct-part skilled nursing unit or a 29 swing-bed unit operated by a hospital, or a nursing 30 facility owned by the state or federal government or 31 other governmental unit . “Nursing facility” includes 32 a non-state government-owned nursing facility if 33 the nursing facility participates in the non-state 34 government-owned nursing facility upper payment limit 35 -143- HF2460.3823.S (2) 86 jh 143/ 161
supplemental payment program. 1 Sec. 94. NON-STATE GOVERNMENT-OWNED NURSING 2 FACILITY UPPER PAYMENT LIMIT SUPPLEMENTAL PAYMENT 3 PROGRAM. 4 1. The department of human services shall submit, 5 to the centers for Medicare and Medicaid services 6 (CMS) of the United States department of health and 7 human services, a Medicaid state plan amendment to 8 allow qualifying non-state government-owned nursing 9 facilities to receive a supplemental payment in 10 accordance with the upper payment limit requirements 11 pursuant to 42 C.F.R. §447.272. The supplemental 12 payment shall be in addition to the greater of the 13 Medicaid fee-for-service per diem reimbursement rate 14 or the per diem payment established for the nursing 15 facility under a Medicaid managed care contract. 16 2. At a minimum, the Medicaid state plan amendment 17 shall provide for all of the following: 18 a. A non-state governmental entity shall provide 19 the state share of the expected supplemental payment in 20 the form of an intergovernmental transfer to the state. 21 b. The state shall claim federal matching funds and 22 shall make supplemental payments to eligible non-state 23 governmental entities based on the supplemental amount 24 as calculated by the state for each nursing facility 25 for which a non-state governmental entity owns the 26 nursing facility’s license. A managed care contractor 27 shall not retain any portion of the supplemental 28 payment, but shall treat the supplemental payment 29 as a pass through payment to the eligible non-state 30 governmental entity. 31 c. The supplemental payment program shall be budget 32 neutral to the state. No general fund revenue shall 33 be expended under the program including for costs 34 of administration. If payments under the program 35 -144- HF2460.3823.S (2) 86 jh 144/ 161
result in overpayment to a nursing facility, or if CMS 1 disallows federal participation related to a nursing 2 facility’s receipt or use of supplemental payments 3 authorized under the program, the state may recoup 4 an amount equivalent to the amount of supplemental 5 payments overpaid or disallowed. Supplemental payments 6 shall be subject to any adjustment for payments made in 7 error, including but not limited to adjustments made 8 by state or federal law, and the state may recoup an 9 amount equivalent to any such adjustment. 10 d. A nursing facility participating in the program 11 shall notify the state of any changes in ownership that 12 may affect the nursing facility’s continued eligibility 13 for the program within thirty days of any such change. 14 e. No portion of the supplemental payment paid 15 to a participating nursing facility may be used for 16 contingent fees. Expenditures for development fees, 17 legal fees, or consulting fees shall not exceed five 18 percent of the supplemental funds received, annually, 19 and any such expenditures shall be reported to the 20 department of human services, and included in the 21 department’s annual report pursuant to subsection 3. 22 f. The supplemental payment paid to a participating 23 nursing facility shall only be used as specified in 24 state and federal law. Supplemental payments paid to 25 a participating nursing facility shall only be used as 26 follows: 27 (1) A portion of the amount received may be used 28 for nursing facility quality improvement initiatives 29 including but not limited to educational scholarships 30 and nonmandatory training. Priority in the awarding 31 of contracts for such training shall be for Iowa-based 32 organizations. 33 (2) A portion of the amount received may be 34 used for nursing facility remodeling or renovation. 35 -145- HF2460.3823.S (2) 86 jh 145/ 161
Priority in the awarding of contracts for such 1 remodeling or renovations shall be for Iowa-based 2 organizations and skilled laborers. 3 (3) A portion of the amount received may be used 4 for health information technology infrastructure and 5 software. Priority in the awarding of contracts for 6 such health information technology infrastructure and 7 software shall be for Iowa-based organizations. 8 (4) A portion of the amount received may be 9 used for endowments to offset costs associated with 10 maintenance of hospitals licensed under chapter 135B 11 and nursing facilities licensed under chapter 135C. 12 g. A non-state governmental entity shall only 13 be eligible for supplemental payments attributable 14 to up to 10 percent of the potential non-state 15 government-owned nursing facilities licensed in the 16 state. 17 3. Following receipt of approval and implementation 18 of the program, the department shall submit a report to 19 the governor and the general assembly, annually, on or 20 before December 15, regarding the program. The report 21 shall include, at a minimum, the name and location 22 of participating non-state governmental entities and 23 the non-state government-owned nursing facilities 24 with which the non-state governmental entities have 25 partnered to participate in the program; the amount 26 of the matching funds provided by each non-state 27 governmental entity; the net supplemental payment 28 amount received by each participating non-governmental 29 entity and non-state government-owned nursing facility; 30 and the amount expended for each of the specified 31 categories of approved expenditure. 32 4. The department of human services shall work 33 collaboratively with representatives of nursing 34 facilities, hospitals, and other affected stakeholders 35 -146- HF2460.3823.S (2) 86 jh 146/ 161
in adopting administrative rules, and in implementing 1 and administering this program. 2 5. As used in this section: 3 a. “Non-state governmental entity” means a hospital 4 authority, hospital district, health care district, 5 city, or county. 6 b. “Non-state government-owned nursing facility” 7 means a nursing facility owned or operated by a 8 non-state governmental entity for which a non-state 9 governmental entity holds the nursing facility’s 10 license and is party to the nursing facility’s Medicaid 11 contract. 12 Sec. 95. EFFECTIVE UPON ENACTMENT. This division 13 of this Act, being deemed of immediate importance, 14 takes effect upon enactment. 15 Sec. 96. IMPLEMENTATION PROVISIONS. 16 1. The section of this division of this Act 17 directing the department of human services to submit 18 a Medicaid state plan amendment to CMS shall be 19 implemented as soon as possible following enactment, 20 consistent with all applicable federal requirements. 21 2. The sections of this division of this Act 22 amending section 249L.2, shall only be implemented upon 23 receipt by the department of human services of approval 24 of the Medicaid state plan amendment by the centers for 25 Medicare and Medicaid services of the United States 26 department of health and human services, and if such 27 approval is received, are applicable no earlier than 28 the first day of the calendar quarter following the 29 date of receipt of such approval. 30 DIVISION XVIII 31 TRAUMA CARE SYSTEM 32 Sec. 97. Section 147A.23, subsection 2, paragraph 33 c, Code 2016, is amended to read as follows: 34 c. (1) Upon verification and the issuance of a 35 -147- HF2460.3823.S (2) 86 jh 147/ 161
certificate of verification, a hospital or emergency 1 care facility agrees to maintain a level of commitment 2 and resources sufficient to meet responsibilities 3 and standards as required by the trauma care 4 criteria established by rule under this subchapter . 5 Verifications are valid for a period of three years 6 or as determined by the department and are renewable. 7 As part of the verification and renewal process, the 8 department may conduct periodic on-site reviews of the 9 services and facilities of the hospital or emergency 10 care facility. 11 (2) Notwithstanding subparagraph (1), the 12 department shall not decrease a level II certificate 13 of verification issued to a trauma care facility by 14 the department on or before July 1, 2015, unless the 15 facility subsequently fails to comply with the trauma 16 care criteria established in administrative rules in 17 effect on July 1, 2015. 18 Sec. 98. EFFECTIVE UPON ENACTMENT. This division 19 of this Act, being deemed of immediate importance, 20 takes effect upon enactment. 21 Sec. 99. RETROACTIVE APPLICABILITY. This division 22 of this Act applies retroactively to June 30, 2015. 23 DIVISION XIX 24 MENTAL HEALTH AND DISABILITY SERVICES REGIONS —— 25 FUNDING 26 Sec. 100. MENTAL HEALTH AND DISABILITY SERVICES 27 REGIONS —— FUNDING. 28 1. There is appropriated from the general fund of 29 the state to the department of human services for the 30 fiscal year beginning July 1, 2016, and ending June 30, 31 2017, the following amount, or so much thereof as is 32 necessary, to be used for the purpose designated: 33 For a grant to a five-county mental health and 34 disability services region with a population of between 35 -148- HF2460.3823.S (2) 86 jh 148/ 161
290,000 to 300,000 as determined by the latest federal 1 decennial census, for the provision of mental health 2 and disability services within the region: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 4 The moneys appropriated in this subsection are 5 contingent upon the continuation of sustainable service 6 funding relationships between all counties in the 7 region for the fiscal year beginning July 1, 2016, 8 and ending June 30, 2017. The department and the 9 region shall enter into a memorandum of understanding 10 regarding the use of the moneys by the region prior to 11 the region’s receipt of moneys under this subsection. 12 2. 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, 2016, and ending June 30, 15 2017, the following amount, or so much thereof as is 16 necessary, to be used for the purpose designated: 17 For a grant to a mental health and disability 18 services region with a population between 560,000 19 and 565,000 as determined by the latest federal 20 decennial census, for the provision of mental health 21 and disability services within the region: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 23 The moneys appropriated in this subsection are 24 contingent upon the continuation of sustainable service 25 funding relationships between the counties in the 26 region for the fiscal year beginning July 1, 2016, 27 and ending June 20, 2017. The department and the 28 region shall enter into a memorandum of understanding 29 regarding the use of the moneys prior to the region’s 30 receipt of the moneys under this subsection. 31 3. There is appropriated from the general fund of 32 the state to the department of human services for the 33 fiscal year beginning July 1, 2016, and ending June 30, 34 2017, the following amount, or so much thereof as is 35 -149- HF2460.3823.S (2) 86 jh 149/ 161
necessary, to be used for the purpose designated: 1 For a grant to a single-county mental health and 2 disability services region with a population of over 3 350,000 as determined by the latest federal decennial 4 census, for the provision of mental health and 5 disability services within the region: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 7 The department and the region shall enter into 8 a memorandum of understanding regarding the use of 9 the moneys and detailing the provisions of the plan 10 prior to the region’s receipt of moneys under this 11 subsection. 12 4. The department shall distribute moneys 13 appropriated in this section within 60 days of the date 14 of signing of the memorandum of understanding between 15 the department and each region. 16 5. Moneys awarded under this section shall be used 17 by the regions consistent with each region’s service 18 system management plan as approved by the department. 19 DIVISION XX 20 MENTAL HEALTH AND DISABILITY SERVICES REDESIGN PROGRESS 21 REPORT 22 Sec. 101. MENTAL HEALTH AND DISABILITY SERVICES 23 REDESIGN PROGRESS REPORT. The department of human 24 services shall review and report progress on the 25 implementation of the adult mental health and 26 disability services redesign and shall identify 27 any challenges faced in achieving the goals of the 28 redesign. The progress report shall include but 29 not be limited to information regarding the mental 30 health and disability services regional service system 31 including governance, management, and administration; 32 the implementation of best practices including 33 evidence-based best practices; the availability of, 34 access to, and provision of initial core services 35 -150- HF2460.3823.S (2) 86 jh 150/ 161
and additional core services to and for required 1 core service populations and additional core service 2 populations; and the financial stability and fiscal 3 viability of the redesign. The department shall 4 submit its report with findings to the governor and the 5 general assembly no later than November 15, 2016. 6 DIVISION XXI 7 REFUGEERISE AMERICORPS PROGRAM 8 Sec. 102. Section 15H.5, subsection 5, paragraph a, 9 Code 2016, is amended to read as follows: 10 a. Funding for the Iowa summer youth corps program, 11 the Iowa green corps program established pursuant 12 to section 15H.6 , and the Iowa reading corps program 13 established pursuant to section 15H.7 , and the 14 RefugeeRISE AmeriCorps program established pursuant to 15 section 15H.8, shall be obtained from private sector, 16 and local, state, and federal government sources, or 17 from other available funds credited to the community 18 programs account, which shall be created within the 19 economic development authority under the authority of 20 the commission. Moneys available in the account for a 21 fiscal year are appropriated to the commission to be 22 used for the programs. The commission may establish an 23 escrow account within the authority and obligate moneys 24 within that escrow account for tuition or program 25 payments to be made beyond the term of any fiscal year. 26 Notwithstanding section 12C.7, subsection 2 , interest 27 earned on moneys in the community programs account 28 shall be credited to the account. Notwithstanding 29 section 8.33 , moneys in the community programs account 30 or escrow account shall not revert to the general fund 31 but shall remain available for expenditure in future 32 fiscal years. 33 Sec. 103. NEW SECTION . 15H.8 RefugeeRISE 34 AmeriCorps program. 35 -151- HF2460.3823.S (2) 86 jh 151/ 161
1. a. The Iowa commission on volunteer service, in 1 collaboration with the department of human services, 2 shall establish a Refugee Rebuild, Integrate, Serve, 3 Empower (RefugeeRISE) AmeriCorps program to increase 4 community integration and engagement for diverse 5 refugee communities in rural and urban areas across the 6 state. 7 b. The commission, in collaboration with the 8 department of human services, may adopt rules pursuant 9 to chapter 17A to implement and administer this 10 section. 11 2. The commission may use moneys in and lawfully 12 available to the community programs account created in 13 section 15H.5 to fund the program. 14 3. The commission shall submit an annual report 15 to the general assembly and the department of human 16 services relating to the efficacy of the program. 17 DIVISION XXII 18 MENINGOCOCCAL IMMUNIZATION 19 Sec. 104. Section 139A.8, subsection 2, Code 2016, 20 is amended by adding the following new paragraph: 21 NEW PARAGRAPH . e. A person shall not be enrolled 22 in school in the seventh grade or twelfth grade in 23 Iowa without evidence of adequate immunization against 24 meningococcal disease in accordance with standards 25 approved by the United States public health service 26 of the United States department of health and human 27 services for such biological products and is in 28 accordance with immunization practices recommended by 29 the advisory committee on immunization practices of the 30 centers for disease control and prevention. 31 DIVISION XXIII 32 MEDICATION SYNCHRONIZATION 33 Sec. 105. NEW SECTION . 514C.5A Prescription drug 34 medication synchronization. 35 -152- HF2460.3823.S (2) 86 jh 152/ 161
1. A carrier, as defined in section 513B.2, that 1 provides prescription drug coverage through a policy 2 or contract delivered, issued for delivery, continued, 3 or renewed on or after January 1, 2017, shall offer 4 medication synchronization services that allow for the 5 alignment of refill dates for a covered individual’s 6 prescription drugs that are a covered benefit. Such 7 carrier shall comply with all of the following: 8 a. Shall not deny coverage and shall prorate the 9 cost sharing rate for a prescription drug that is a 10 covered benefit and is dispensed by a network pharmacy 11 in less than the standard refill amount, if the covered 12 individual requests both enrollment in a medication 13 synchronization program and a less-than-standard refill 14 amount for the purposes of medication synchronization. 15 b. Shall accept early refill and short fill 16 requests for prescription drugs using the submission 17 clarification and message codes adopted by the national 18 council for prescription drug plans or alternative 19 codes specified by the carrier. 20 c. Shall pay the ingredient cost and the dispensing 21 fee in accordance with the contracted rate for each 22 submitted claim, regardless of the days’ supply 23 specified in the claim submitted. However, compounded 24 medications shall not be eligible for the ingredient 25 cost payment. 26 2. For purposes of this section, “medication 27 synchronization” means the coordination of medication 28 refills for a patient taking two or more medications 29 for a chronic condition that are dispensed by a single 30 network pharmacy to facilitate the synchronization 31 of an individual’s medications for the purpose of 32 improving medication adherence. 33 DIVISION XXIV 34 AUTISM SPECTRUM DISORDERS COVERAGE 35 -153- HF2460.3823.S (2) 86 jh 153/ 161
Sec. 106. Section 225D.1, subsection 8, Code 1 2016, as otherwise amended by this Act, if enacted, is 2 amended to read as follows: 3 8. “Eligible individual” means a child less than 4 fourteen years of age who has been diagnosed with 5 autism based on a diagnostic assessment of autism, 6 is not otherwise eligible for coverage for applied 7 behavioral analysis treatment under the medical 8 assistance program, section 514C.28 514C.31 , or other 9 private insurance coverage, and whose household income 10 does not exceed five hundred percent of the federal 11 poverty level. 12 Sec. 107. Section 225D.2, subsection 2, paragraph 13 l, Code 2016, is amended to read as follows: 14 l. Proof of eligibility for the autism support 15 program that includes a written denial for coverage or 16 a benefits summary indicating that applied behavioral 17 analysis treatment is not a covered benefit for which 18 the applicant is eligible, under the Medicaid program, 19 section 514C.28 514C.31 , or other private insurance 20 coverage. 21 Sec. 108. Section 225D.2, subsection 3, Code 2016, 22 is amended to read as follows: 23 3. Moneys in the autism support fund created under 24 subsection 5 shall be expended only for eligible 25 individuals who are not eligible for coverage for 26 applied behavioral analysis treatment under the medical 27 assistance program, section 514C.28 514C.31 , or other 28 private insurance. Payment for applied behavioral 29 analysis treatment through the fund shall be limited 30 to only applied behavioral analysis treatment that is 31 clinically relevant and only to the extent approved 32 under the guidelines established by rule of the 33 department. 34 Sec. 109. NEW SECTION . 514C.31 Autism spectrum 35 -154- HF2460.3823.S (2) 86 jh 154/ 161
disorders coverage. 1 1. Notwithstanding the uniformity of treatment 2 requirements of section 514C.6, a group policy, 3 contract, or plan providing for third-party payment or 4 prepayment of health, medical, and surgical coverage 5 benefits shall provide coverage benefits to covered 6 individuals under twenty-two years of age for the 7 screening, diagnosis, and treatment of autism spectrum 8 disorders if the policy, contract, or plan is either 9 of the following: 10 a. A policy, contract, or plan issued by a carrier, 11 as defined in section 513B.2, or an organized delivery 12 system authorized under 1993 Iowa Acts, chapter 158, 13 to an employer who on at least fifty percent of the 14 employer’s working days during the preceding calendar 15 year employed more than fifty full-time equivalent 16 employees. In determining the number of full-time 17 equivalent employees of an employer, employers who 18 are affiliated or who are able to file a consolidated 19 tax return for purposes of state taxation shall be 20 considered one employer. 21 b. A plan established pursuant to chapter 509A for 22 public employees. 23 2. As used in this section, unless the context 24 otherwise requires: 25 a. “Applied behavior analysis” means the design, 26 implementation, and evaluation of environmental 27 modifications, using behavioral stimuli and 28 consequences, to produce socially significant 29 improvement in human behavior or to prevent loss of 30 attained skill or function, including the use of direct 31 observation, measurement, and functional analysis of 32 the relations between environment and behavior. 33 b. “Autism spectrum disorder” means any of 34 the pervasive developmental disorders including 35 -155- HF2460.3823.S (2) 86 jh 155/ 161
autistic disorder, Asperger’s disorder, and pervasive 1 developmental disorders not otherwise specified. The 2 commissioner, by rule, shall define “autism spectrum 3 disorder” consistent with definitions provided in 4 the most recent edition of the American psychiatric 5 association’s diagnostic and statistical manual of 6 mental disorders, as such definitions may be amended 7 from time to time. The commissioner may adopt the 8 definitions provided in such manual by reference. 9 c. “Behavioral health treatment” means counseling 10 and treatment programs, including applied behavior 11 analysis, that meet the following requirements: 12 (1) Are necessary to develop, maintain, or restore, 13 to the maximum extent practicable, the functioning of 14 an individual. 15 (2) Are provided or supervised by a behavior 16 analyst certified by a nationally recognized board, or 17 by a licensed psychologist, so long as the services are 18 performed commensurate with the psychologist’s formal 19 training and supervised experience. 20 d. “Diagnosis of autism spectrum disorder” means the 21 use of medically necessary assessments, evaluations, or 22 tests to diagnose whether an individual has an autism 23 spectrum disorder. 24 e. “Pharmacy care” means medications prescribed by 25 a licensed physician and any assessment, evaluation, 26 or test prescribed or ordered by a licensed physician 27 to determine the need for or effectiveness of such 28 medications. 29 f. “Psychiatric care” means direct or consultative 30 services provided by a licensed physician who 31 specializes in psychiatry. 32 g. “Psychological care” means direct or consultative 33 services provided by a licensed psychologist. 34 h. “Therapeutic care” means services provided by 35 -156- HF2460.3823.S (2) 86 jh 156/ 161
a licensed speech pathologist, licensed occupational 1 therapist, or licensed physical therapist. 2 i. “Treatment for autism spectrum disorder” means 3 evidence-based care and related equipment prescribed 4 or ordered for an individual diagnosed with an autism 5 spectrum disorder by a licensed physician or a licensed 6 psychologist who determines that the treatment is 7 medically necessary, including but not limited to the 8 following: 9 (1) Behavioral health treatment. 10 (2) Pharmacy care. 11 (3) Psychiatric care. 12 (4) Psychological care. 13 (5) Therapeutic care. 14 j. “Treatment plan” means a plan for the treatment 15 of an autism spectrum disorder developed by a licensed 16 physician or licensed psychologist pursuant to a 17 comprehensive evaluation or reevaluation performed 18 in a manner consistent with the most recent clinical 19 report or recommendations of the American academy of 20 pediatrics, as determined by the commissioner by rule. 21 3. Coverage for applied behavior analysis is 22 required pursuant to this section for a maximum 23 benefit amount of thirty-six thousand dollars per year. 24 Beginning in 2020, the commissioner shall, on or before 25 July 1 of each calendar year, publish an adjustment for 26 inflation to the maximum benefit required equal to the 27 percentage change in the medical care component of the 28 United States department of labor consumer price index 29 for all urban consumers in the preceding year, and the 30 published adjusted maximum benefit shall be applicable 31 to group policies, contracts, or plans subject to 32 this section that are delivered, issued for delivery, 33 continued, or renewed on or after January 1 of the 34 following calendar year. Payments made under a group 35 -157- HF2460.3823.S (2) 86 jh 157/ 161
policy, contract, or plan subject to this section on 1 behalf of a covered individual for any treatment other 2 than applied behavior analysis shall not be applied 3 toward the maximum benefit established under this 4 subsection. 5 4. Coverage for applied behavior analysis shall 6 include the services of persons working under the 7 supervision of a behavior analyst certified by a 8 nationally recognized board or under the supervision of 9 a licensed psychologist, to provide applied behavior 10 analysis. 11 5. Coverage required pursuant to this section shall 12 not be subject to any limits on the number of visits an 13 individual may make for treatment of an autism spectrum 14 disorder. 15 6. Coverage required pursuant to this section 16 shall not be subject to dollar limits, deductibles, 17 copayments, or coinsurance provisions, or any other 18 general exclusions or limitations of a group plan 19 that are less favorable to an insured than the dollar 20 limits, deductibles, copayments, or coinsurance 21 provisions that apply to substantially all medical and 22 surgical benefits under the policy, contract, or plan, 23 except as provided in subsection 3. 24 7. Coverage required by this section shall be 25 provided in coordination with coverage required for the 26 treatment of autistic disorders pursuant to section 27 514C.22. 28 8. This section shall not be construed to limit 29 benefits which are otherwise available to an individual 30 under a group policy, contract, or plan. 31 9. This section shall not be construed as affecting 32 any obligation to provide services to an individual 33 under an individualized family service plan, an 34 individualized education program, or an individualized 35 -158- HF2460.3823.S (2) 86 jh 158/ 161
service plan. 1 10. Except for inpatient services, if an insured is 2 receiving treatment for an autism spectrum disorder, 3 an insurer is entitled to review the treatment plan 4 annually, unless the insurer and the insured’s treating 5 physician or psychologist agree that a more frequent 6 review is necessary. An agreement giving an insurer 7 the right to review the treatment plan of an insured 8 more frequently applies only to that insured and does 9 not apply to other individuals being treated for autism 10 spectrum disorders by a physician or psychologist. The 11 cost of conducting a review of a treatment plan shall 12 be borne by the insurer. 13 11. This section shall not apply to accident-only, 14 specified disease, short-term hospital or medical, 15 hospital confinement indemnity, credit, dental, vision, 16 Medicare supplement, long-term care, basic hospital 17 and medical-surgical expense coverage as defined 18 by the commissioner, disability income insurance 19 coverage, coverage issued as a supplement to liability 20 insurance, workers’ compensation or similar insurance, 21 or automobile medical payment insurance, or individual 22 accident and sickness policies issued to individuals or 23 to individual members of a member association. 24 12. The commissioner shall adopt rules pursuant to 25 chapter 17A to implement and administer this section. 26 13. An insurer shall not terminate coverage of an 27 individual solely because the individual is diagnosed 28 with or has received treatment for an autism spectrum 29 disorder. 30 14. a. By February 1, 2018, and every February 1 31 thereafter, the commissioner shall submit a report to 32 the general assembly regarding implementation of the 33 coverage required under this section. The report shall 34 include information concerning but not limited to all 35 -159- HF2460.3823.S (2) 86 jh 159/ 161
of the following: 1 (1) The total number of insureds diagnosed with 2 autism spectrum disorder in the immediately preceding 3 calendar year. 4 (2) The total cost of all claims paid out in the 5 immediately preceding calendar year for coverage 6 required under this section. 7 (3) The cost of such coverage per insured per 8 month. 9 (4) The average cost per insured per month for 10 coverage of applied behavior analysis required under 11 this section. 12 b. All third-party payment provider policies, 13 contracts, or plans, as specified in subsection 1, 14 and plans established pursuant to chapter 509A shall 15 provide the commissioner with data requested by the 16 commissioner for inclusion in the annual report. 17 15. If any provision of this section or its 18 application to any person or circumstance is held 19 invalid, the invalidity does not affect other 20 provisions or application of this section which can 21 be given effect without the invalid provision or 22 application, and to this end the provisions of this 23 section are severable. 24 16. This section applies to third-party payment 25 provider policies, contracts, or plans, as specified 26 in subsection 1, and to plans established pursuant to 27 chapter 509A, that are delivered, issued for delivery, 28 continued, or renewed in this state on or after January 29 1, 2017. 30 Sec. 110. REPEAL. Section 514C.28, Code 2016, is 31 repealed. 32 Sec. 111. EFFECTIVE DATE. The following provisions 33 of this division of this Act take effect January 1, 34 2017: 35 -160- HF2460.3823.S (2) 86 jh 160/ 161
1. The sections of this division of this Act 1 amending sections 225D.1 and 225D.2. 2 2. The section of this division of this Act 3 repealing section 514C.28. > 4 -161- HF2460.3823.S (2) 86 jh 161/ 161