House File 2501 H-8499 Amend House File 2501 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 DEPARTMENT ON AGING —— FY 2018-2019 5 Section 1. 2017 Iowa Acts, chapter 174, section 40, 6 unnumbered paragraphs 1 and 2, are amended to read as follows: 7 There is appropriated from the general fund of the state 8 to the department on aging for the fiscal year beginning July 9 1, 2018, and ending June 30, 2019, the following amount, or 10 so much thereof as is necessary, to be used for the purposes 11 designated: 12 For aging programs for the department on aging and area 13 agencies on aging to provide citizens of Iowa who are 60 years 14 of age and older with case management for frail elders, Iowa’s 15 aging and disabilities resource center, and other services 16 which may include but are not limited to adult day services, 17 respite care, chore services, information and assistance, 18 and material aid, for information and options counseling for 19 persons with disabilities who are 18 years of age or older, 20 and for salaries, support, administration, maintenance, and 21 miscellaneous purposes, and for not more than the following 22 full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,521,238 24 11,042,924 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 26 Sec. 2. 2017 Iowa Acts, chapter 174, section 40, subsections 27 2, 4, 5, 6, and 7, are amended to read as follows: 28 2. Of the funds appropriated in this section, $139,973 29 $279,946 is transferred to the economic development authority 30 for the Iowa commission on volunteer services to be used for 31 the retired and senior volunteer program. 32 4. Of the funds appropriated in this section, at least 33 $125,000 shall be used to fund the unmet needs identified 34 through Iowa’s aging and disability resource center network. 35 -1- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 1/ 112 #1.
5. Of the funds appropriated in this section, at 1 least $300,000 $600,000 shall be used to fund home and 2 community-based services through the area agencies on aging 3 that enable older individuals to avoid more costly utilization 4 of residential or institutional services and remain in their 5 own homes. 6 6. Of the funds appropriated in this section, $406,268 7 $812,537 shall be used for the purposes of chapter 231E and 8 section 231.56A , of which $175,000 shall be used for the office 9 of substitute decision maker pursuant to chapter 231E , and the 10 remainder shall be distributed equally to the area agencies on 11 aging to administer the prevention of elder abuse, neglect, and 12 exploitation program pursuant to section 231.56A , in accordance 13 with the requirements of the federal Older Americans Act of 14 1965, 42 U.S.C. §3001 et seq., as amended. 15 7. Of the funds appropriated in this section, $375,000 16 $1,000,000 shall be used to fund continuation of the aging 17 and disability resource center lifelong links to provide 18 individuals and caregivers with information and services to 19 plan for and maintain independence. 20 Sec. 3. 2017 Iowa Acts, chapter 174, section 40, subsection 21 8, is amended by striking the subsection. 22 Sec. 4. 2017 Iowa Acts, chapter 174, section 40, is amended 23 by adding the following new subsection: 24 NEW SUBSECTION . 9. Of the funds appropriated in this 25 section, $100,000 shall be used by the department on aging, 26 in collaboration with the department of human services and 27 affected stakeholders, to design a pilot initiative to provide 28 long-term care options counseling utilizing support planning 29 protocols, to assist non-Medicaid eligible consumers who 30 indicate a preference to return to the community and are 31 deemed appropriate for discharge, to return to their community 32 following a nursing facility stay. The department on aging 33 shall submit the design plan as well as recommendations for 34 legislation necessary to administer the initiative, including 35 -2- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 2/ 112
but not limited to legislation to allow the exchange of contact 1 information for nursing facility residents appropriate for 2 discharge planning, to the governor and the general assembly by 3 December 15, 2018. 4 DIVISION II 5 OFFICE OF LONG-TERM CARE OMBUDSMAN —— FY 2018-2019 6 Sec. 5. 2017 Iowa Acts, chapter 174, section 41, is amended 7 to read as follows: 8 SEC. 41. OFFICE OF LONG-TERM CARE OMBUDSMAN. There is 9 appropriated from the general fund of the state to the office 10 of long-term care ombudsman for the fiscal year beginning July 11 1, 2018, and ending June 30, 2019, the following amount, or 12 so much thereof as is necessary, to be used for the purposes 13 designated: 14 For salaries, support, administration, maintenance, and 15 miscellaneous purposes, and for not more than the following 16 full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 580,140 18 1,149,821 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.00 20 DIVISION III 21 DEPARTMENT OF PUBLIC HEALTH —— FY 2018-2019 22 Sec. 6. 2017 Iowa Acts, chapter 174, section 42, subsections 23 1, 2, 3, 4, 5, 6, 7, and 8, are amended to read as follows: 24 1. ADDICTIVE DISORDERS 25 For reducing the prevalence of the use of tobacco, alcohol, 26 and other drugs, and treating individuals affected by addictive 27 behaviors, including gambling, and for not more than the 28 following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,492,915 30 24,804,344 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 32 11.00 33 a. (1) Of the funds appropriated in this subsection, 34 $2,010,612 $4,021,225 shall be used for the tobacco use 35 -3- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 3/ 112
prevention and control initiative, including efforts at the 1 state and local levels, as provided in chapter 142A . The 2 commission on tobacco use prevention and control established 3 pursuant to section 142A.3 shall advise the director of 4 public health in prioritizing funding needs and the allocation 5 of moneys appropriated for the programs and initiatives. 6 Activities of the programs and initiatives shall be in 7 alignment with the United States centers for disease control 8 and prevention best practices for comprehensive tobacco control 9 programs that include the goals of preventing youth initiation 10 of tobacco usage, reducing exposure to secondhand smoke, 11 and promotion of tobacco cessation. To maximize resources, 12 the department shall determine if third-party sources are 13 available to instead provide nicotine replacement products 14 to an applicant prior to provision of such products to an 15 applicant under the initiative. The department shall track and 16 report to the individuals specified in this Act, any reduction 17 in the provision of nicotine replacement products realized 18 by the initiative through implementation of the prerequisite 19 screening. 20 (2) (a) The department shall collaborate with the 21 alcoholic beverages division of the department of commerce for 22 enforcement of tobacco laws, regulations, and ordinances and to 23 engage in tobacco control activities approved by the division 24 of tobacco use prevention and control of the department of 25 public health as specified in the memorandum of understanding 26 entered into between the divisions. 27 (b) For the fiscal year beginning July 1, 2018, and ending 28 June 30, 2019, the terms of the memorandum of understanding, 29 entered into between the division of tobacco use prevention 30 and control of the department of public health and the 31 alcoholic beverages division of the department of commerce, 32 governing compliance checks conducted to ensure licensed retail 33 tobacco outlet conformity with tobacco laws, regulations, and 34 ordinances relating to persons under 18 years of age, shall 35 -4- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 4/ 112
continue to restrict the number of such checks to one check per 1 retail outlet, and one additional check for any retail outlet 2 found to be in violation during the first check. 3 b. Of the funds appropriated in this subsection, 4 $10,482,303 $20,783,119 shall be used for problem gambling and 5 substance-related disorder prevention, treatment, and recovery 6 services, including a 24-hour helpline, public information 7 resources, professional training, youth prevention, and program 8 evaluation. 9 c. The requirement of section 123.17, subsection 5 , is met 10 by the appropriations and allocations made in this division of 11 this Act for purposes of substance-related disorder treatment 12 and addictive disorders for the fiscal year beginning July 1, 13 2018. 14 d. The department of public health, in collaboration with 15 the department of human services, shall engage a stakeholder 16 workgroup to review reimbursement provisions applicable 17 to substance use disorder services providers. The issues 18 considered by the workgroup shall include but are not limited 19 to the adequacy of reimbursement provisions including for 20 both outpatient and residential treatment, whether it is 21 appropriate to rebase reimbursement, whether there is equity in 22 reimbursement compared to the reimbursement methodologies used 23 for providers of similar behavioral health services, and access 24 to substance use disorder services providers including whether 25 the designated number of community mental health centers in the 26 state is sufficient. The workgroup shall review the reports 27 of previous workgroups including those authorized in 2014 Iowa 28 Acts, chapter 1140, section 3, subsection 1, and shall report 29 the workgroup’s findings and recommendations to the general 30 assembly on or before December 15, 2018. 31 2. HEALTHY CHILDREN AND FAMILIES 32 For promoting the optimum health status for children, 33 adolescents from birth through 21 years of age, and families, 34 and for not more than the following full-time equivalent 35 -5- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 5/ 112
positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,662,816 2 5,820,625 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 4 13.00 5 a. Of the funds appropriated in this subsection, not 6 more than $367,420 $734,841 shall be used for the healthy 7 opportunities for parents to experience success (HOPES)-healthy 8 families Iowa (HFI) program established pursuant to section 9 135.106 . The funding shall be distributed to renew the grants 10 that were provided to the grantees that operated the program 11 during the fiscal year ending June 30, 2018. 12 b. In order to implement the legislative intent stated in 13 sections 135.106 and 256I.9 , that priority for home visitation 14 program funding be given to programs using evidence-based or 15 promising models for home visitation, it is the intent of the 16 general assembly to phase in the funding priority in accordance 17 with 2012 Iowa Acts, chapter 1133, section 2, subsection 2, 18 paragraph “0b” . 19 c. Of the funds appropriated in this subsection, $1,537,550 20 $3,075,101 shall be used for continuation of the department’s 21 initiative to provide for adequate developmental surveillance 22 and screening during a child’s first five years. The funds 23 shall be used first to fully fund the current sites to ensure 24 that the sites are fully operational, with the remaining 25 funds to be used for expansion to additional sites. The full 26 implementation and expansion shall include enhancing the scope 27 of the initiative through collaboration with the child health 28 specialty clinics to promote healthy child development through 29 early identification and response to both biomedical and social 30 determinants of healthy development; by monitoring child 31 health metrics to inform practice, document long-term health 32 impacts and savings, and provide for continuous improvement 33 through training, education, and evaluation; and by providing 34 for practitioner consultation particularly for children with 35 -6- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 6/ 112
behavioral conditions and needs. The department of public 1 health shall also collaborate with the Iowa Medicaid enterprise 2 and the child health specialty clinics to integrate the 3 activities of the first five initiative into the establishment 4 of patient-centered medical homes, community utilities, 5 accountable care organizations, and other integrated care 6 models developed to improve health quality and population 7 health while reducing health care costs. To the maximum extent 8 possible, funding allocated in this paragraph shall be utilized 9 as matching funds for medical assistance program reimbursement. 10 d. Of the funds appropriated in this subsection, $32,320 11 $64,640 shall be distributed to a statewide dental carrier to 12 provide funds to continue the donated dental services program 13 patterned after the projects developed by the lifeline network 14 to provide dental services to indigent individuals who are 15 elderly or with disabilities. 16 e. Of the funds appropriated in this subsection, $78,241 17 $156,482 shall be used to provide audiological services and 18 hearing aids for children. The department may enter into a 19 contract to administer this paragraph. 20 f. Of the funds appropriated in this subsection, $11,500 21 $23,000 is transferred to the university of Iowa college of 22 dentistry for provision of primary dental services to children. 23 State funds shall be matched on a dollar-for-dollar basis. 24 The university of Iowa college of dentistry shall coordinate 25 efforts with the department of public health, bureau of 26 oral and health delivery systems, to provide dental care to 27 underserved populations throughout the state. 28 g. Of the funds appropriated in this subsection, $25,000 29 $50,000 shall be used to address youth suicide prevention. 30 h. Of the funds appropriated in this subsection, $20,255 31 $40,511 shall be used to support the Iowa effort to address the 32 survey of children who experience adverse childhood experiences 33 known as ACEs. 34 i. The department of public health shall continue to 35 -7- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 7/ 112
administer the program to assist parents in this state with 1 costs resulting from the death of a child in accordance with 2 the provisions of 2014 Iowa Acts, chapter 1140, section 22, 3 subsection 12 . 4 j. Of the funds appropriated in this subsection, up to 5 $494,993 shall be used for childhood obesity prevention. 6 3. CHRONIC CONDITIONS 7 For serving individuals identified as having chronic 8 conditions or special health care needs, and for not more than 9 the following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,085,375 11 4,528,109 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 13 9.00 14 a. Of the funds appropriated in this subsection, $76,877 15 $153,755 shall be used for grants to individual patients who 16 have an inherited metabolic disorder to assist with the costs 17 of medically necessary foods and formula. 18 b. Of the funds appropriated in this subsection, $510,397 19 $1,055,291 shall be used for the brain injury services program 20 pursuant to section 135.22B , including for contracting with an 21 existing nationally affiliated and statewide organization whose 22 purpose is to educate, serve, and support Iowans with brain 23 injury and their families for resource facilitator services 24 in accordance with section 135.22B, subsection 9 , and for 25 contracting to enhance brain injury training and recruitment 26 of service providers on a statewide basis. Of the amount 27 allocated in this paragraph, $47,500 $95,000 shall be used to 28 fund one full-time equivalent position to serve as the state 29 brain injury services program manager. 30 c. Of the funds appropriated in this subsection, $72,048 31 $144,097 shall be used for the public purpose of continuing 32 to contract with an existing national-affiliated organization 33 to provide education, client-centered programs, and client 34 and family support for people living with epilepsy and their 35 -8- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 8/ 112
families. The amount allocated in this paragraph in excess 1 of $50,000 $100,000 shall be matched dollar-for-dollar by the 2 organization specified. 3 d. Of the funds appropriated in this subsection, $404,775 4 $809,550 shall be used for child health specialty clinics. 5 e. Of the funds appropriated in this subsection, 6 $192,276 $384,552 shall be used by the regional autism 7 assistance program established pursuant to section 256.35 , 8 and administered by the child health specialty clinic located 9 at the university of Iowa hospitals and clinics. The funds 10 shall be used to enhance interagency collaboration and 11 coordination of educational, medical, and other human services 12 for persons with autism, their families, and providers of 13 services, including delivering regionalized services of care 14 coordination, family navigation, and integration of services 15 through the statewide system of regional child health specialty 16 clinics and fulfilling other requirements as specified in 17 chapter 225D . The university of Iowa shall not receive funds 18 allocated under this paragraph for indirect costs associated 19 with the regional autism assistance program. 20 f. Of the funds appropriated in this subsection, $288,687 21 $577,375 shall be used for the comprehensive cancer control 22 program to reduce the burden of cancer in Iowa through 23 prevention, early detection, effective treatment, and ensuring 24 quality of life. Of the funds allocated in this paragraph “f”, 25 $75,000 $150,000 shall be used to support a melanoma research 26 symposium, a melanoma biorepository and registry, basic and 27 translational melanoma research, and clinical trials. 28 g. Of the funds appropriated in this subsection, $48,766 29 $97,532 shall be used for cervical and colon cancer screening, 30 and $88,860 $177,720 shall be used to enhance the capacity of 31 the cervical cancer screening program to include provision 32 of recommended prevention and early detection measures to a 33 broader range of low-income women. 34 h. Of the funds appropriated in this subsection, $253,177 35 -9- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 9/ 112
$506,355 shall be used for the center for congenital and 1 inherited disorders. 2 i. Of the funds appropriated in this subsection, $107,631 3 $225,263 shall be used by the department of public health 4 for reform-related activities, including but not limited to 5 facilitation of communication to stakeholders at the state and 6 local level, administering the patient-centered health advisory 7 council pursuant to section 135.159 , and involvement in health 8 care system innovation activities occurring across the state. 9 j. Of the funds appropriated in this subsection, $11,050 10 $322,100 shall be used for administration of chapter 124D 124E , 11 the medical cannabidiol Act. 12 4. COMMUNITY CAPACITY 13 For strengthening the health care delivery system at the 14 local level, and for not more than the following full-time 15 equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,453,888 17 4,970,152 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 19 a. Of the funds appropriated in this subsection, $47,787 20 $95,575 is allocated for continuation of the child vision 21 screening program implemented through the university of Iowa 22 hospitals and clinics in collaboration with early childhood 23 Iowa areas. The program shall submit a report to the 24 individuals identified in this Act for submission of reports 25 regarding the use of funds allocated under this paragraph 26 “a”. The report shall include the objectives and results for 27 the program year including the target population and how the 28 funds allocated assisted the program in meeting the objectives; 29 the number, age, and location within the state of individuals 30 served; the type of services provided to the individuals 31 served; the distribution of funds based on service provided; 32 and the continuing needs of the program. 33 b. Of the funds appropriated in this subsection, $52,828 is 34 allocated for continuation of an initiative implemented at the 35 -10- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 10/ 112
university of Iowa to expand and improve the workforce engaged 1 in mental health treatment and services. The initiative shall 2 receive input from the university of Iowa, the department of 3 human services, the department of public health, and the mental 4 health and disability services commission to address the focus 5 of the initiative. 6 c. Of the funds appropriated in this section, $41,657 shall 7 be deposited in the governmental public health system fund 8 created in section 135A.8 to be used for the purposes of the 9 fund. 10 d. Of the funds appropriated in this subsection, $24,034 11 $48,069 shall be used for a grant to a statewide association 12 of psychologists that is affiliated with the American 13 psychological association to be used for continuation of a 14 program to rotate intern psychologists in placements in urban 15 and rural mental health professional shortage areas, as defined 16 in section 135.180 . 17 e. Of the funds appropriated in this subsection, the 18 following amounts are allocated to be used as follows to 19 support the Iowa collaborative safety net provider network 20 goals of increased access, health system integration, and 21 engagement. 22 (1) Not less than $260,931 $542,829 is allocated to the 23 Iowa prescription drug corporation for continuation of the 24 pharmaceutical infrastructure for safety net providers as 25 described in 2007 Iowa Acts, chapter 218, section 108 , and for 26 the prescription drug donation repository program created in 27 chapter 135M . 28 (2) Not less than $167,435 $334,870 is allocated to free 29 clinics and free clinics of Iowa for necessary infrastructure, 30 statewide coordination, provider recruitment, service delivery, 31 and provision of assistance to patients in securing a medical 32 home inclusive of oral health care. 33 (3) Not less than $12,500 $25,000 is allocated to the 34 Iowa association of rural health clinics for necessary 35 -11- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 11/ 112
infrastructure and service delivery transformation. 1 (4) Not less than $50,000 $205,493 is allocated to the 2 Polk county medical society for continuation of the safety net 3 provider patient access to a specialty health care initiative 4 as described in 2007 Iowa Acts, chapter 218, section 109 . 5 f. Of the funds appropriated in this subsection, $38,115 6 $15,000 shall be used by the department in implementing 7 the recommendations in the final report submitted by the 8 direct care worker advisory council to the governor and the 9 general assembly in March 2012, including by continuing to 10 develop, promote, and make available on a statewide basis the 11 prepare-to-care core curriculum and its associated modules 12 and specialties through various formats including online 13 access, community colleges, and other venues; exploring new and 14 maintaining existing specialties including but not limited to 15 oral health and dementia care; supporting instructor training; 16 and assessing and making recommendations concerning the Iowa 17 care book and information technology systems and infrastructure 18 uses and needs. 19 g. Of the funds appropriated in this subsection, $95,594 20 $176,188 shall be allocated for continuation of the contract 21 with an independent statewide direct care worker organization 22 previously selected through a request for proposals process. 23 The contract shall continue to include performance and outcomes 24 measures, and shall continue to allow the contractor to use a 25 portion of the funds received under the contract to collect 26 data to determine results based on the performance and outcomes 27 measures. 28 h. Of the funds appropriated in this subsection, the 29 department may use up to $29,087 $58,175 for up to one 30 full-time equivalent position to administer the volunteer 31 health care provider program pursuant to section 135.24 . 32 i. Of the funds appropriated in this subsection, $48,069 33 $96,138 shall be used for a matching dental education loan 34 repayment program to be allocated to a dental nonprofit health 35 -12- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 12/ 112
service corporation to continue to develop the criteria and 1 implement the loan repayment program. 2 j. Of the funds appropriated in this subsection, $26,455 is 3 transferred to the college student aid commission for deposit 4 in the rural Iowa primary care trust fund created in section 5 261.113 to be used for the purposes of the fund. 6 k. Of the funds appropriated in this subsection, $75,000 7 $100,000 shall be used for the purposes of the Iowa donor 8 registry as specified in section 142C.18 . 9 l. Of the funds appropriated in this subsection, $48,069 10 $96,138 shall be used for continuation of a grant to a 11 nationally affiliated volunteer eye organization that has an 12 established program for children and adults and that is solely 13 dedicated to preserving sight and preventing blindness through 14 education, nationally certified vision screening and training, 15 and community and patient service programs. The organization 16 shall submit a report to the individuals identified in this 17 Act for submission of reports regarding the use of funds 18 allocated under this paragraph “l”. The report shall include 19 the objectives and results for the program year including 20 the target population and how the funds allocated assisted 21 the program in meeting the objectives; the number, age, and 22 location within the state of individuals served; the type of 23 services provided to the individuals served; the distribution 24 of funds based on services provided; and the continuing needs 25 of the program. 26 m. Of the funds appropriated in this subsection, $436,327 27 $2,000,000 shall be deposited in the medical residency training 28 account created in section 135.175, subsection 5 , paragraph 29 “a”, and is appropriated from the account to the department 30 of public health to be used for the purposes of the medical 31 residency training state matching grants program as specified 32 in section 135.176 . 33 n. Of the funds appropriated in this subsection, $250,000 34 shall be used for the public purpose of providing funding to 35 -13- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 13/ 112
Des Moines university to establish a provider education project 1 to provide primary care physicians with the training and skills 2 necessary to recognize signs of mental illness in patients. 3 5. ESSENTIAL PUBLIC HEALTH SERVICES 4 To provide public health services that reduce risks and 5 invest in promoting and protecting good health over the 6 course of a lifetime with a priority given to older Iowans and 7 vulnerable populations: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,098,939 9 7,662,464 10 6. INFECTIOUS DISEASES 11 For reducing the incidence and prevalence of communicable 12 diseases, and for not more than the following full-time 13 equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 823,213 15 1,796,426 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 17 7. PUBLIC PROTECTION 18 For protecting the health and safety of the public through 19 establishing standards and enforcing regulations, and for not 20 more than the following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,097,569 22 4,095,139 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 138.00 24 141.00 25 a. Of the funds appropriated in this subsection, not more 26 than $152,350 $304,700 shall be credited to the emergency 27 medical services fund created in section 135.25 . Moneys in 28 the emergency medical services fund are appropriated to the 29 department to be used for the purposes of the fund. 30 b. Of the funds appropriated in this subsection, up 31 to $121,630 $243,260 shall be used for sexual violence 32 prevention programming through a statewide organization 33 representing programs serving victims of sexual violence 34 through the department’s sexual violence prevention program, 35 -14- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 14/ 112
and for continuation of a training program for sexual assault 1 response team (SART) members, including representatives of 2 law enforcement, victim advocates, prosecutors, and certified 3 medical personnel. The amount allocated in this paragraph “b” 4 shall not be used to supplant funding administered for other 5 sexual violence prevention or victims assistance programs. 6 c. Of the funds appropriated in this subsection, up to 7 $287,813 $500,000 shall be used for the state poison control 8 center. Pursuant to the directive under 2014 Iowa Acts, 9 chapter 1140, section 102 , the federal matching funds available 10 to the state poison control center from the department of human 11 services under the federal Children’s Health Insurance Program 12 Reauthorization Act allotment shall be subject to the federal 13 administrative cap rule of 10 percent applicable to funding 14 provided under Tit. XXI of the federal Social Security Act and 15 included within the department’s calculations of the cap. 16 d. Of the funds appropriated in this subsection, up to 17 $258,491 $504,796 shall be used for childhood lead poisoning 18 provisions. 19 8. RESOURCE MANAGEMENT 20 For establishing and sustaining the overall ability of the 21 department to deliver services to the public, and for not more 22 than the following full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 485,607 24 971,215 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 26 Sec. 7. 2017 Iowa Acts, chapter 174, section 42, subsections 27 10 and 11, are amended by striking the subsections. 28 DIVISION IV 29 DEPARTMENT OF VETERANS AFFAIRS —— FY 2018-2019 30 Sec. 8. 2017 Iowa Acts, chapter 174, section 43, is amended 31 to read as follows: 32 SEC. 43. DEPARTMENT OF VETERANS AFFAIRS. There is 33 appropriated from the general fund of the state to the 34 department of veterans affairs for the fiscal year beginning 35 -15- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 15/ 112
July 1, 2018, and ending June 30, 2019, the following amounts, 1 or so much thereof as is necessary, to be used for the purposes 2 designated: 3 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 4 For salaries, support, maintenance, and miscellaneous 5 purposes, and for not more than the following full-time 6 equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 571,278 8 1,150,500 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 10 2. IOWA VETERANS HOME 11 For salaries, support, maintenance, and miscellaneous 12 purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,614,070 14 7,162,976 15 a. The Iowa veterans home billings involving the department 16 of human services shall be submitted to the department on at 17 least a monthly basis. 18 b. Within available resources and in conformance with 19 associated state and federal program eligibility requirements, 20 the Iowa veterans home may implement measures to provide 21 financial assistance to or on behalf of veterans or their 22 spouses who are participating in the community reentry program. 23 d. The Iowa veterans home shall continue to include in the 24 annual discharge report applicant information and to provide 25 for the collection of demographic information including but not 26 limited to the number of individuals applying for admission and 27 admitted or denied admittance and the basis for the admission 28 or denial; the age, gender, and race of such individuals; 29 and the level of care for which such individuals applied for 30 admission including residential or nursing level of care. 31 3. HOME OWNERSHIP ASSISTANCE PROGRAM 32 For transfer to the Iowa finance authority for the 33 continuation of the home ownership assistance program for 34 persons who are or were eligible members of the armed forces of 35 -16- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 16/ 112
the United States, pursuant to section 16.54 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 2 2,000,000 3 Sec. 9. 2017 Iowa Acts, chapter 174, section 44, is amended 4 to read as follows: 5 SEC. 44. LIMITATION OF COUNTY COMMISSIONS OF VETERAN 6 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the 7 standing appropriation in section 35A.16 for the fiscal year 8 beginning July 1, 2018, and ending June 30, 2019, the amount 9 appropriated from the general fund of the state pursuant to 10 that section for the following designated purposes shall not 11 exceed the following amount: 12 For the county commissions of veteran affairs fund under 13 section 35A.16 : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 473,962 15 990,000 16 DIVISION V 17 DEPARTMENT OF HUMAN SERVICES —— FY 2018-2019 18 Sec. 10. 2017 Iowa Acts, chapter 174, section 45, is amended 19 to read as follows: 20 SEC. 45. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 21 GRANT. There is appropriated from the fund created in section 22 8.41 to the department of human services for the fiscal year 23 beginning July 1, 2018, and ending June 30, 2019, from moneys 24 received under the federal temporary assistance for needy 25 families (TANF) block grant pursuant to the federal Personal 26 Responsibility and Work Opportunity Reconciliation Act of 1996, 27 Pub. L. No. 104-193, and successor legislation, the following 28 amounts, or so much thereof as is necessary, to be used for the 29 purposes designated: 30 1. To be credited to the family investment program account 31 and used for assistance under the family investment program 32 under chapter 239B : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,556,231 34 4,539,006 35 -17- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 17/ 112
2. To be credited to the family investment program account 1 and used for the job opportunities and basic skills (JOBS) 2 program and implementing family investment agreements in 3 accordance with chapter 239B : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,787,846 5 5,412,060 6 3. To be used for the family development and 7 self-sufficiency grant program in accordance with section 8 216A.107 : 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,449,490 10 2,883,980 11 Notwithstanding section 8.33 , moneys appropriated in this 12 subsection that remain unencumbered or unobligated at the close 13 of the fiscal year shall not revert but shall remain available 14 for expenditure for the purposes designated until the close of 15 the succeeding fiscal year. However, unless such moneys are 16 encumbered or obligated on or before September 30, 2019, the 17 moneys shall revert. 18 4. For field operations: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,648,116 20 31,296,232 21 5. For general administration: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,000 23 3,744,000 24 6. For state child care assistance: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,933,413 26 47,166,826 27 a. Of the funds appropriated in this subsection, 28 $13,164,048 $26,205,412 is transferred to the child care 29 and development block grant appropriation made by the 30 Eighty-seventh General Assembly, 2018 session, for the federal 31 fiscal year beginning October 1, 2018, and ending September 32 30, 2019. Of this amount, $100,000 $200,000 shall be used 33 for provision of educational opportunities to registered 34 child care home providers in order to improve services and 35 -18- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 18/ 112
programs offered by this category of providers and to increase 1 the number of providers. The department may contract with 2 institutions of higher education or child care resource and 3 referral centers to provide the educational opportunities. 4 Allowable administrative costs under the contracts shall not 5 exceed 5 percent. The application for a grant shall not exceed 6 two pages in length. 7 b. Any funds appropriated in this subsection remaining 8 unallocated shall be used for state child care assistance 9 payments for families who are employed including but not 10 limited to individuals enrolled in the family investment 11 program. 12 7. For child and family services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,190,327 14 32,380,654 15 8. For child abuse prevention grants: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 17 125,000 18 9. For pregnancy prevention grants on the condition that 19 family planning services are funded: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 965,033 21 1,913,203 22 Pregnancy prevention grants shall be awarded to programs 23 in existence on or before July 1, 2018, if the programs have 24 demonstrated positive outcomes. Grants shall be awarded to 25 pregnancy prevention programs which are developed after July 26 1, 2018, if the programs are based on existing models that 27 have demonstrated positive outcomes. Grants shall comply with 28 the requirements provided in 1997 Iowa Acts, chapter 208, 29 section 14, subsections 1 and 2 , including the requirement that 30 grant programs must emphasize sexual abstinence. Priority in 31 the awarding of grants shall be given to programs that serve 32 areas of the state which demonstrate the highest percentage of 33 unplanned pregnancies of females of childbearing age within the 34 geographic area to be served by the grant. 35 -19- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 19/ 112
10. For technology needs and other resources necessary 1 to meet federal welfare reform reporting, tracking, and case 2 management requirements: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 518,593 4 1,037,186 5 11. a. Notwithstanding any provision to the contrary, 6 including but not limited to requirements in section 8.41 or 7 provisions in 2017 or 2018 Iowa Acts regarding the receipt and 8 appropriation of federal block grants, federal funds from the 9 temporary assistance for needy families block grant received 10 by the state and not otherwise appropriated in this section 11 and remaining available for the fiscal year beginning July 1, 12 2018, are appropriated to the department of human services to 13 the extent as may be necessary to be used in the following 14 priority order: the family investment program, for state child 15 care assistance program payments for families who are employed, 16 and for the family investment program share of system costs 17 to develop and maintain a new, integrated for eligibility 18 determination system and related functions . The federal funds 19 appropriated in this paragraph “a” shall be expended only after 20 all other funds appropriated in subsection 1 for assistance 21 under the family investment program, in subsection 6 for child 22 care assistance, or in subsection 10 for technology costs 23 related to the family investment program, as applicable, have 24 been expended. For the purposes of this subsection, the funds 25 appropriated in subsection 6, paragraph “a”, for transfer 26 to the child care and development block grant appropriation 27 are considered fully expended when the full amount has been 28 transferred. 29 b. The department shall, on a quarterly basis, advise the 30 legislative services agency and department of management of 31 the amount of funds appropriated in this subsection that was 32 expended in the prior quarter. 33 12. Of the amounts appropriated in this section, $6,481,004 34 $12,962,008 for the fiscal year beginning July 1, 2018, is 35 -20- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 20/ 112
transferred to the appropriation of the federal social services 1 block grant made to the department of human services for that 2 fiscal year. 3 13. For continuation of the program providing categorical 4 eligibility for the food assistance program as specified 5 for the program in the section of this division of this Act 6 relating to the family investment program account: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500 8 14,236 9 14. The department may transfer funds allocated in this 10 section to the appropriations made in this division of this Act 11 for the same fiscal year for general administration and field 12 operations for resources necessary to implement and operate the 13 services referred to in this section and those funded in the 14 appropriation made in this division of this Act for the same 15 fiscal year for the family investment program from the general 16 fund of the state. 17 15. With the exception of moneys allocated under this 18 section for the family development and self-sufficiency grant 19 program, to the extent moneys allocated in this section are 20 deemed by the department not to be necessary to support the 21 purposes for which they are allocated, such moneys may be 22 credited used in the same fiscal year for any other purpose 23 for which funds are allocated in this section or in section 7 24 of this division for the family investment program account. 25 If there are conflicting needs, priority shall first be given 26 to the family investment program account as specified under 27 subsection 1 of this section and used for the purposes of 28 assistance under the family investment program under chapter 29 239B in the same fiscal year , followed by state child care 30 assistance program payments for families who are employed, 31 followed by other priorities as specified by the department . 32 Sec. 11. 2017 Iowa Acts, chapter 174, section 46, subsection 33 4, is amended to read as follows: 34 4. Moneys appropriated in this division of this Act and 35 -21- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 21/ 112
credited to the FIP account for the fiscal year beginning July 1 1, 2018, and ending June 30, 2019, are allocated as follows: 2 a. To be retained by the department of human services to 3 be used for coordinating with the department of human rights 4 to more effectively serve participants in FIP and other shared 5 clients and to meet federal reporting requirements under the 6 federal temporary assistance for needy families block grant: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 8 5,000 9 b. To the department of human rights for staffing, 10 administration, and implementation of the family development 11 and self-sufficiency grant program in accordance with section 12 216A.107 : 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,096,417 14 6,192,834 15 (1) Of the funds allocated for the family development 16 and self-sufficiency grant program in this paragraph “b”, 17 not more than 5 percent of the funds shall be used for the 18 administration of the grant program. 19 (2) The department of human rights may continue to implement 20 the family development and self-sufficiency grant program 21 statewide during fiscal year 2018-2019. 22 (3) The department of human rights may engage in activities 23 to strengthen and improve family outcomes measures and 24 data collection systems under the family development and 25 self-sufficiency grant program. 26 c. For the diversion subaccount of the FIP account: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 407,500 28 749,694 29 A portion of the moneys allocated for the subaccount may 30 be used for field operations, salaries, data management 31 system development, and implementation costs and support 32 deemed necessary by the director of human services in order to 33 administer the FIP diversion program. To the extent moneys 34 allocated in this paragraph “c” are deemed by the department 35 -22- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 22/ 112
not to be necessary to support diversion activities, such 1 moneys may be used for other efforts intended to increase 2 engagement by family investment program participants in work, 3 education, or training activities, or for the purposes of 4 assistance under the family investment program in accordance 5 with chapter 239B . 6 d. For the food assistance employment and training program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,294 8 66,588 9 (1) The department shall apply the federal supplemental 10 nutrition assistance program (SNAP) employment and training 11 state plan in order to maximize to the fullest extent permitted 12 by federal law the use of the 50 percent federal reimbursement 13 provisions for the claiming of allowable federal reimbursement 14 funds from the United States department of agriculture 15 pursuant to the federal SNAP employment and training program 16 for providing education, employment, and training services 17 for eligible food assistance program participants, including 18 but not limited to related dependent care and transportation 19 expenses. 20 (2) The department shall continue the categorical federal 21 food assistance program eligibility at 160 percent of the 22 federal poverty level and continue to eliminate the asset test 23 from eligibility requirements, consistent with federal food 24 assistance program requirements. The department shall include 25 as many food assistance households as is allowed by federal 26 law. The eligibility provisions shall conform to all federal 27 requirements including requirements addressing individuals who 28 are incarcerated or otherwise ineligible. 29 e. For the JOBS program: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,761,645 31 12,139,821 32 Sec. 12. 2017 Iowa Acts, chapter 174, section 46, is amended 33 by adding the following new subsection: 34 NEW SUBSECTION . 7. The department of human services shall 35 -23- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 23/ 112
convene a workgroup to review opportunities to increase state 1 engagement in the supplemental nutrition assistance program 2 (SNAP) employment and training program. The workgroup shall 3 explore the feasibility of expansion of the current pilot 4 program to a statewide basis, the potential involvement of 5 community-based organizations to the extent allowed by federal 6 law, and the leveraging of state and private funding to match 7 available federal funds. The membership of the workgroup 8 shall include representatives of the department of human 9 services, community colleges, community-based organizations 10 serving SNAP recipients, philanthropic organizations, and other 11 stakeholders with relevant interest or expertise as determined 12 by the department. The workgroup shall submit a report of its 13 findings and recommendations to the governor and the general 14 assembly by December 15, 2018. 15 Sec. 13. 2017 Iowa Acts, chapter 174, section 47, unnumbered 16 paragraph 2, is amended to read as follows: 17 To be credited to the family investment program (FIP) 18 account and used for family investment program assistance under 19 chapter 239B : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,502,240 21 40,365,715 22 Sec. 14. 2017 Iowa Acts, chapter 174, section 47, 23 subsections 1, 2, 4, and 5, are amended to read as follows: 24 1. Of the funds appropriated in this section, $3,973,798 25 $6,727,761 is allocated for the JOBS program. 26 2. Of the funds appropriated in this section, $1,656,927 27 $3,313,854 is allocated for the family development and 28 self-sufficiency grant program. 29 4. Of the funds appropriated in this section, $97,839 30 $195,678 shall be used for continuation of a grant to an 31 Iowa-based nonprofit organization with a history of providing 32 tax preparation assistance to low-income Iowans in order to 33 expand the usage of the earned income tax credit. The purpose 34 of the grant is to supply this assistance to underserved areas 35 -24- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 24/ 112
of the state. 1 5. Of the funds appropriated in this section, $30,000 2 $70,000 shall be used for the continuation of an unfunded pilot 3 project the parenting program , as defined specified in 441 IAC 4 100.1 100 , relating to parental obligations, in which the child 5 support recovery unit participates, to support the efforts 6 of a nonprofit organization committed to strengthening the 7 community through youth development, healthy living, and social 8 responsibility headquartered in a county with a population 9 over 350,000 according to the latest certified federal 10 census. The funds allocated in this subsection shall be used 11 by the recipient organization to develop a larger community 12 effort, through public and private partnerships, to support a 13 broad-based multi-county fatherhood parenthood initiative that 14 promotes payment of child support obligations, improved family 15 relationships, and full-time employment. 16 Sec. 15. 2017 Iowa Acts, chapter 174, section 48, unnumbered 17 paragraph 2, is amended to read as follows: 18 For child support recovery, including salaries, support, 19 maintenance, and miscellaneous purposes, and for not more than 20 the following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,293,317 22 14,586,635 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 459.00 24 Sec. 16. 2017 Iowa Acts, chapter 174, section 48, subsection 25 1, is amended to read as follows: 26 1. The department shall expend up to $12,164 $24,329 , 27 including federal financial participation, for the fiscal year 28 beginning July 1, 2018, for a child support public awareness 29 campaign. The department and the office of the attorney 30 general shall cooperate in continuation of the campaign. The 31 public awareness campaign shall emphasize, through a variety 32 of media activities, the importance of maximum involvement of 33 both parents in the lives of their children as well as the 34 importance of payment of child support obligations. 35 -25- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 25/ 112
Sec. 17. 2017 Iowa Acts, chapter 174, section 48, subsection 1 4, is amended by striking the subsection. 2 Sec. 18. 2017 Iowa Acts, chapter 174, section 51, unnumbered 3 paragraph 2, is amended to read as follows: 4 For medical assistance program reimbursement and associated 5 costs as specifically provided in the reimbursement 6 methodologies in effect on June 30, 2018, except as otherwise 7 expressly authorized by law, consistent with options under 8 federal law and regulations, and contingent upon receipt of 9 approval from the office of the governor of reimbursement for 10 each abortion performed under the program: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 642,202,870 12 1,337,841,375 13 Sec. 19. 2017 Iowa Acts, chapter 174, section 51, 14 subsections 3, 4, 5, 6, 7, 8, 14, 17, 18, and 19, are amended 15 to read as follows: 16 3. The department shall utilize not more than $30,000 17 $60,000 of the funds appropriated in this section to continue 18 the AIDS/HIV health insurance premium payment program as 19 established in 1992 Iowa Acts, Second Extraordinary Session, 20 chapter 1001, section 409, subsection 6 . Of the funds 21 allocated in this subsection, not more than $2,500 $5,000 may 22 be expended for administrative purposes. 23 4. Of the funds appropriated in this Act to the 24 department of public health for addictive disorders, $475,000 25 $950,000 for the fiscal year beginning July 1, 2018, is 26 transferred to the department of human services for an 27 integrated substance-related disorder managed care system. 28 The departments of human services and public health shall 29 work together to maintain the level of mental health and 30 substance-related disorder treatment services provided by the 31 managed care contractors. Each department shall take the steps 32 necessary to continue the federal waivers as necessary to 33 maintain the level of services. 34 5. a. The department shall aggressively pursue options for 35 -26- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 26/ 112
providing medical assistance or other assistance to individuals 1 with special needs who become ineligible to continue receiving 2 services under the early and periodic screening, diagnostic, 3 and treatment program under the medical assistance program 4 due to becoming 21 years of age who have been approved for 5 additional assistance through the department’s exception to 6 policy provisions, but who have health care needs in excess 7 of the funding available through the exception to policy 8 provisions. 9 b. Of the funds appropriated in this section, $50,000 10 $100,000 shall be used for participation in one or more 11 pilot projects operated by a private provider to allow the 12 individual or individuals to receive service in the community 13 in accordance with principles established in Olmstead v. 14 L.C., 527 U.S. 581 (1999), for the purpose of providing 15 medical assistance or other assistance to individuals with 16 special needs who become ineligible to continue receiving 17 services under the early and periodic screening, diagnostic, 18 and treatment program under the medical assistance program 19 due to becoming 21 years of age who have been approved for 20 additional assistance through the department’s exception to 21 policy provisions, but who have health care needs in excess 22 of the funding available through the exception to the policy 23 provisions. 24 6. Of the funds appropriated in this section, up to 25 $1,525,041 $3,050,082 may be transferred to the field 26 operations or general administration appropriations in this 27 division of this Act for operational costs associated with Part 28 D of the federal Medicare Prescription Drug Improvement and 29 Modernization Act of 2003, Pub. L. No. 108-173. 30 7. Of the funds appropriated in this section, up to 31 $221,050 $442,100 may be transferred to the appropriation in 32 this division of this Act for medical contracts to be used 33 for clinical assessment services and prior authorization of 34 services. 35 -27- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 27/ 112
8. A portion of the funds appropriated in this section 1 may be transferred to the appropriations in this division of 2 this Act for general administration, medical contracts, the 3 children’s health insurance program, or field operations to be 4 used for the state match cost to comply with the payment error 5 rate measurement (PERM) program for both the medical assistance 6 and children’s health insurance programs as developed by the 7 centers for Medicare and Medicaid services of the United States 8 department of health and human services to comply with the 9 federal Improper Payments Information Act of 2002, Pub. L. 10 No. 107-300 , and to support other reviews and quality control 11 activities to improve the integrity of these programs . 12 14. Of the funds appropriated in this section, $174,505 13 $349,011 shall be used for the administration of the health 14 insurance premium payment program, including salaries, support, 15 maintenance, and miscellaneous purposes. 16 17. a. Of the funds appropriated in this section, up 17 to $25,000 $50,000 may be transferred by the department to 18 the appropriation made in this division of this Act to the 19 department for the same fiscal year for general administration 20 to be used for associated administrative expenses and for not 21 more than one full-time equivalent position, in addition to 22 those authorized for the same fiscal year, to be assigned to 23 implementing the children’s mental health home project. 24 b. Of the funds appropriated in this section, up to 25 $200,000 $400,000 may be transferred by the department to 26 the appropriation made to the department in this division of 27 this Act for the same fiscal year for Medicaid program-related 28 general administration planning and implementation activities. 29 The funds may be used for contracts or for personnel in 30 addition to the amounts appropriated for and the positions 31 authorized for general administration for the fiscal year. 32 c. Of the funds appropriated in this section, up to 33 $1,500,000 $3,000,000 may be transferred by the department 34 to the appropriations made in this division of this Act 35 -28- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 28/ 112
for the same fiscal year for general administration or 1 medical contracts to be used to support the development 2 and implementation of standardized assessment tools for 3 persons with mental illness, an intellectual disability, a 4 developmental disability, or a brain injury. 5 18. Of the funds appropriated in this section, $75,000 6 $150,000 shall be used for lodging expenses associated with 7 care provided at the university of Iowa hospitals and clinics 8 for patients with cancer whose travel distance is 30 miles or 9 more and whose income is at or below 200 percent of the federal 10 poverty level as defined by the most recently revised poverty 11 income guidelines published by the United States department of 12 health and human services. The department of human services 13 shall establish the maximum number of overnight stays and the 14 maximum rate reimbursed for overnight lodging, which may be 15 based on the state employee rate established by the department 16 of administrative services. The funds allocated in this 17 subsection shall not be used as nonfederal share matching 18 funds. 19 19. Of the funds appropriated in this section, up to 20 $1,691,940 $3,383,880 shall be used for administration of the 21 state family planning services program as enacted in this 2017 22 Act, and of this amount the department may use to up $100,000 23 up to $200,000 for administrative expenses. 24 Sec. 20. 2017 Iowa Acts, chapter 174, section 51, is amended 25 by adding the following new subsections: 26 NEW SUBSECTION . 22. Of the funds appropriated in this 27 section, $195,000 shall be used by the department of human 28 services through a request for proposals process to establish 29 a partnership between the university of Iowa hospitals 30 and clinics and a durable medical equipment provider and 31 manufacturer to provide new, refurbished, or repaired durable 32 medical equipment to Medicaid members in the state. Such 33 durable medical equipment provider and manufacturer shall be 34 authorized as a Medicaid provider in the state on or after 35 -29- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 29/ 112
April 1, 2018, and shall have the capability to provide 1 assessments for customized wheelchairs, manufacture bathing aid 2 equipment and mobility bathing aids, offer in-home care, and 3 sell durable medical equipment at cost in Iowa and online. 4 NEW SUBSECTION . 23. The department of human services shall 5 expand Medicaid coverage to provide care for young adults with 6 complex medical conditions in a special population nursing 7 facility as specified by rule of the department pursuant to 8 this subsection. The department shall adopt rules pursuant to 9 chapter 17A to expand the criteria for a special population 10 nursing facility under the Medicaid program to include a 11 nursing facility that serves residents, 100 percent of whom are 12 aged 30 and under and require the skilled level of care, and to 13 include a nursing facility that serves residents, 100 percent 14 of whom require care from a facility licensed by the department 15 of inspections and appeals as an intermediate care facility 16 for persons with medical complexity as defined by rule of the 17 department. 18 NEW SUBSECTION . 24. Consistent with the informational 19 bulletin published May 9, 2017, by the centers for Medicare and 20 Medicaid services of the United States department of health and 21 human services, in implementing the regulation that finalized 22 criteria for home and community-based settings appropriate for 23 provision of home and community-based services, the department 24 of human services shall continue progress with the statewide 25 transition plan to be approved by March 17, 2019, but shall 26 extend the transition period to demonstrate compliance with 27 the home and community-based settings criteria until March 17, 28 2022, for those settings to which a transition period applies. 29 NEW SUBSECTION . 25. The department of human services shall 30 utilize $3,000,000 of the funds appropriated under this section 31 to adjust current supported community living provider daily 32 rate cells under the tiered rate reimbursement methodology 33 effective with dates of service beginning July 1, 2018. The 34 department shall work with the Medicaid program actuary to 35 -30- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 30/ 112
evaluate the current tiered rates and the tiered rates phase-in 1 plan to determine the necessary apportionment of such funds. 2 In addition, the department, working with the Medicaid program 3 actuary, shall review the current tiered rates and the tiered 4 rates phase-in plan and shall propose recommendations for any 5 changes. The department shall convene the tiered rate provider 6 workgroup initially convened in the fiscal year beginning July 7 1, 2016, to review the actuarial findings and recommendations. 8 The tiered rates may be adjusted based upon the actuarial 9 findings and recommendations if such adjustments are budget 10 neutral. A report of the actuarial findings, recommendations, 11 and comments provided by the tiered rate provider workgroup 12 shall be submitted to the governor and the general assembly by 13 December 15, 2018. If additional funding is appropriated to 14 implement the recommendations, the additional funding shall be 15 incorporated into the managed care organization capitation rate 16 setting process for the fiscal year beginning July 1, 2019. 17 NEW SUBSECTION . 26. The department of human services shall 18 review all current Medicaid fee schedules and shall submit a 19 report to the governor and the general assembly by January 15, 20 2019, regarding how the current rates compare to the equivalent 21 Medicare fee schedules or other appropriate reimbursement 22 methodologies for specific services and including a plan for 23 phased-in implementation of any changes. 24 NEW SUBSECTION . 27. Of the funds appropriated in this 25 section, $1,545,530 shall be used and may be transferred to 26 other appropriations in this division of this Act as necessary 27 to administer the provisions in the division of this Act 28 relating to Medicaid program administration. 29 NEW SUBSECTION . 28. Of the funds appropriated in this 30 section, $876,015 shall be used and may be transferred to other 31 appropriations in this division of this Act as necessary to 32 administer the provisions of 2018 Iowa Acts, House File 2456, 33 as enacted. 34 Sec. 21. 2017 Iowa Acts, chapter 174, section 52, is amended 35 -31- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 31/ 112
to read as follows: 1 SEC. 52. MEDICAL CONTRACTS. There is appropriated from the 2 general fund of the state to the department of human services 3 for the fiscal year beginning July 1, 2018, and ending June 30, 4 2019, the following amount, or so much thereof as is necessary, 5 to be used for the purpose designated: 6 For medical contracts: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,813,232 8 16,603,198 9 1. The department of inspections and appeals shall 10 provide all state matching funds for survey and certification 11 activities performed by the department of inspections 12 and appeals. The department of human services is solely 13 responsible for distributing the federal matching funds for 14 such activities. 15 2. Of the funds appropriated in this section, $25,000 16 $50,000 shall be used for continuation of home and 17 community-based services waiver quality assurance programs, 18 including the review and streamlining of processes and policies 19 related to oversight and quality management to meet state and 20 federal requirements. 21 3. Of the amount appropriated in this section, up to 22 $100,000 $200,000 may be transferred to the appropriation 23 for general administration in this division of this Act to 24 be used for additional full-time equivalent positions in the 25 development of key health initiatives such as cost containment, 26 development and oversight of managed care programs, and 27 development of health strategies targeted toward improved 28 quality and reduced costs in the Medicaid program. 29 4. Of the funds appropriated in this section, $500,000 30 $1,000,000 shall be used for planning and development, 31 in cooperation with the department of public health, of a 32 phased-in program to provide a dental home for children. 33 5. Of the funds appropriated in this section, $475,000 34 $573,000 shall be credited to the autism support program fund 35 -32- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 32/ 112
created in section 225D.2 to be used for the autism support 1 program created in chapter 225D , with the exception of the 2 following amounts of this allocation which shall be used as 3 follows: 4 a. Of the funds allocated in this subsection, $125,000 5 shall be deposited in the board-certified behavior analyst and 6 board-certified assistant behavior analyst grants program fund 7 created in section 135.181 , to be used for the purposes of the 8 fund. 9 b. Of the funds allocated in this subsection, $12,500 10 $25,000 shall be used for the public purpose of continuation 11 of a grant to a nonprofit provider of child welfare services 12 provider headquartered that has been in existence for more than 13 115 years, is located in a county with a population between 14 205,000 200,000 and 215,000 in 220,000 according to the latest 15 certified federal census that provides multiple services 16 including but not limited to , is licensed as a psychiatric 17 medical institution for children, shelter, residential 18 treatment, after school programs, and provides school-based 19 programming, and an Asperger’s syndrome program, to be used for 20 support services for children with autism spectrum disorder and 21 their families. 22 c. Of the funds allocated in this subsection, $12,500 23 shall be used for the public purpose of continuing a grant to 24 a hospital-based provider headquartered in a county with a 25 population between 90,000 and 95,000 in the latest certified 26 federal census that provides multiple services including 27 but not limited to diagnostic, therapeutic, and behavioral 28 services to individuals with autism spectrum disorder across 29 one’s lifespan. The grant recipient shall utilize the funds 30 to continue the pilot project to determine the necessary 31 support services for children with autism spectrum disorder and 32 their families to be included in the children’s disabilities 33 services system. The grant recipient shall submit findings and 34 recommendations based upon the results of the pilot project 35 -33- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 33/ 112
to the individuals specified in this division of this Act for 1 submission of reports by December 31, 2018. 2 Sec. 22. 2017 Iowa Acts, chapter 174, section 53, unnumbered 3 paragraph 2, is amended to read as follows: 4 For the state supplementary assistance program: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,186,329 6 10,250,873 7 Sec. 23. 2017 Iowa Acts, chapter 174, section 53, is amended 8 by adding the following new subsection: 9 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 10 appropriated in this section that remain unencumbered or 11 unobligated at the close of the fiscal year shall not revert 12 but shall remain available for expenditure for the purposes 13 designated until the close of the succeeding fiscal year. 14 Sec. 24. 2017 Iowa Acts, chapter 174, section 54, is amended 15 to read as follows: 16 SEC. 54. CHILDREN’S HEALTH INSURANCE PROGRAM. 17 1. There is appropriated from the general fund of the 18 state to the department of human services for the fiscal year 19 beginning July 1, 2018, and ending June 30, 2019, the following 20 amount, or so much thereof as is necessary, to be used for the 21 purpose designated: 22 For maintenance of the healthy and well kids in Iowa (hawk-i) 23 program pursuant to chapter 514I , including supplemental dental 24 services, for receipt of federal financial participation under 25 Tit. XXI of the federal Social Security Act, which creates the 26 children’s health insurance program: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,259,226 28 7,064,057 29 2. Of the funds appropriated in this section, $21,400 30 $42,800 is allocated for continuation of the contract for 31 outreach with the department of public health. 32 Sec. 25. 2017 Iowa Acts, chapter 174, section 55, unnumbered 33 paragraph 2, is amended to read as follows: 34 For child care programs: 35 -34- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 34/ 112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,671,808 1 40,816,931 2 Sec. 26. 2017 Iowa Acts, chapter 174, section 55, 3 subsections 1 and 4, are amended to read as follows: 4 1. Of the funds appropriated in this section, $16,746,808 5 $34,966,931 shall be used for state child care assistance in 6 accordance with section 237A.13 . 7 4. Of the funds appropriated in this section, $2,925,000 8 $5,850,000 shall be credited to the early childhood programs 9 grants account in the early childhood Iowa fund created 10 in section 256I.11 . The moneys shall be distributed for 11 funding of community-based early childhood programs targeted 12 to children from birth through five years of age developed 13 by early childhood Iowa areas in accordance with approved 14 community plans as provided in section 256I.8 . 15 Sec. 27. 2017 Iowa Acts, chapter 174, section 56, is amended 16 to read as follows: 17 SEC. 56. JUVENILE INSTITUTION. There is appropriated 18 from the general fund of the state to the department of human 19 services for the fiscal year beginning July 1, 2018, and ending 20 June 30, 2019, the following amounts, or so much thereof as is 21 necessary, to be used for the purposes designated: 22 1. For operation of the state training school at Eldora and 23 for salaries, support, maintenance, and miscellaneous purposes, 24 and for not more than the following full-time equivalent 25 positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,675,221 27 12,762,443 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 189.00 29 Of the funds appropriated in this subsection, $45,575 30 $91,150 shall be used for distribution to licensed classroom 31 teachers at this and other institutions under the control of 32 the department of human services based upon the average student 33 yearly enrollment at each institution as determined by the 34 department. 35 -35- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 35/ 112
2. A portion of the moneys appropriated in this section 1 shall be used by the state training school at Eldora for 2 grants for adolescent pregnancy prevention activities at the 3 institution in the fiscal year beginning July 1, 2018. 4 3. Of the funds appropriated in this subsection, $212,000 5 shall be used by the state training school at Eldora for a 6 substance use disorder treatment program at the institution in 7 the fiscal year beginning July 1, 2018. 8 Sec. 28. 2017 Iowa Acts, chapter 174, section 57, is amended 9 to read as follows: 10 SEC. 57. CHILD AND FAMILY SERVICES. 11 1. There is appropriated from the general fund of the 12 state to the department of human services for the fiscal year 13 beginning July 1, 2018, and ending June 30, 2019, the following 14 amount, or so much thereof as is necessary, to be used for the 15 purpose designated: 16 For child and family services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,639,687 18 84,939,774 19 2. The department may transfer funds appropriated in this 20 section as necessary to pay the nonfederal costs of services 21 reimbursed under the medical assistance program, state child 22 care assistance program, or the family investment program which 23 are provided to children who would otherwise receive services 24 paid under the appropriation in this section. The department 25 may transfer funds appropriated in this section to the 26 appropriations made in this division of this Act for general 27 administration and for field operations for resources necessary 28 to implement and operate the services funded in this section. 29 3. a. Of the funds appropriated in this section, up 30 to $17,868,324 $34,536,648 is allocated as the statewide 31 expenditure target under section 232.143 for group foster care 32 maintenance and services. If the department projects that such 33 expenditures for the fiscal year will be less than the target 34 amount allocated in this paragraph “a”, the department may 35 -36- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 36/ 112
reallocate the excess to provide additional funding for shelter 1 care or the child welfare emergency services addressed with the 2 allocation for shelter care. 3 b. If at any time after September 30, 2018, annualization 4 of a service area’s current expenditures indicates a service 5 area is at risk of exceeding its group foster care expenditure 6 target under section 232.143 by more than 5 percent, the 7 department and juvenile court services shall examine all 8 group foster care placements in that service area in order to 9 identify those which might be appropriate for termination. 10 In addition, any aftercare services believed to be needed 11 for the children whose placements may be terminated shall be 12 identified. The department and juvenile court services shall 13 initiate action to set dispositional review hearings for the 14 placements identified. In such a dispositional review hearing, 15 the juvenile court shall determine whether needed aftercare 16 services are available and whether termination of the placement 17 is in the best interest of the child and the community. 18 4. In accordance with the provisions of section 232.188 , 19 the department shall continue the child welfare and juvenile 20 justice funding initiative during fiscal year 2018-2019. Of 21 the funds appropriated in this section, $858,876 $1,717,753 22 is allocated specifically for expenditure for fiscal year 23 2018-2019 through the decategorization services funding pools 24 and governance boards established pursuant to section 232.188 . 25 5. A portion of the funds appropriated in this section 26 may be used for emergency family assistance to provide other 27 resources required for a family participating in a family 28 preservation or reunification project or successor project to 29 stay together or to be reunified. 30 6. Notwithstanding section 234.35 or any other provision 31 of law to the contrary, state funding for shelter care and 32 the child welfare emergency services contracting implemented 33 to provide for or prevent the need for shelter care shall be 34 limited to $4,048,079 $8,096,158 . 35 -37- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 37/ 112
7. Federal funds received by the state during the fiscal 1 year beginning July 1, 2018, as the result of the expenditure 2 of state funds appropriated during a previous state fiscal 3 year for a service or activity funded under this section are 4 appropriated to the department to be used as additional funding 5 for services and purposes provided for under this section. 6 Notwithstanding section 8.33 , moneys received in accordance 7 with this subsection that remain unencumbered or unobligated at 8 the close of the fiscal year shall not revert to any fund but 9 shall remain available for the purposes designated until the 10 close of the succeeding fiscal year. 11 8. a. Of the funds appropriated in this section, up to 12 $1,645,000 $3,290,000 is allocated for the payment of the 13 expenses of court-ordered services provided to juveniles 14 who are under the supervision of juvenile court services, 15 which expenses are a charge upon the state pursuant to 16 section 232.141, subsection 4 . Of the amount allocated in 17 this paragraph “a”, up to $778,143 $1,556,287 shall be made 18 available to provide school-based supervision of children 19 adjudicated under chapter 232 , of which not more than $7,500 20 $15,000 may be used for the purpose of training. A portion of 21 the cost of each school-based liaison officer shall be paid by 22 the school district or other funding source as approved by the 23 chief juvenile court officer. 24 b. Of the funds appropriated in this section, up to $374,492 25 $748,985 is allocated for the payment of the expenses of 26 court-ordered services provided to children who are under the 27 supervision of the department, which expenses are a charge upon 28 the state pursuant to section 232.141, subsection 4 . 29 c. Notwithstanding section 232.141 or any other provision 30 of law to the contrary, the amounts allocated in this 31 subsection shall be distributed to the judicial districts 32 as determined by the state court administrator and to the 33 department’s service areas as determined by the administrator 34 of the department of human services’ division of child and 35 -38- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 38/ 112
family services. The state court administrator and the 1 division administrator shall make the determination of the 2 distribution amounts on or before June 15, 2018. 3 d. Notwithstanding chapter 232 or any other provision of 4 law to the contrary, a district or juvenile court shall not 5 order any service which is a charge upon the state pursuant 6 to section 232.141 if there are insufficient court-ordered 7 services funds available in the district court or departmental 8 service area distribution amounts to pay for the service. The 9 chief juvenile court officer and the departmental service area 10 manager shall encourage use of the funds allocated in this 11 subsection such that there are sufficient funds to pay for 12 all court-related services during the entire year. The chief 13 juvenile court officers and departmental service area managers 14 shall attempt to anticipate potential surpluses and shortfalls 15 in the distribution amounts and shall cooperatively request the 16 state court administrator or division administrator to transfer 17 funds between the judicial districts’ or departmental service 18 areas’ distribution amounts as prudent. 19 e. Notwithstanding any provision of law to the contrary, 20 a district or juvenile court shall not order a county to pay 21 for any service provided to a juvenile pursuant to an order 22 entered under chapter 232 which is a charge upon the state 23 under section 232.141, subsection 4 . 24 f. Of the funds allocated in this subsection, not more 25 than $41,500 $83,000 may be used by the judicial branch for 26 administration of the requirements under this subsection. 27 g. Of the funds allocated in this subsection, $8,500 $17,000 28 shall be used by the department of human services to support 29 the interstate commission for juveniles in accordance with 30 the interstate compact for juveniles as provided in section 31 232.173 . 32 9. Of the funds appropriated in this section, $6,126,613 33 $12,253,227 is allocated for juvenile delinquent graduated 34 sanctions services. Any state funds saved as a result of 35 -39- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 39/ 112
efforts by juvenile court services to earn a federal Tit. IV-E 1 match for juvenile court services administration may be used 2 for the juvenile delinquent graduated sanctions services. 3 10. Of the funds appropriated in this section, $829,142 4 $1,658,285 is transferred to the department of public health 5 to be used for the child protection center grant program for 6 child protection centers located in Iowa in accordance with 7 section 135.118 . The grant amounts under the program shall be 8 equalized so that each center receives a uniform base amount 9 of $122,500 $245,000 , so that $25,000 $50,000 is awarded to 10 establish a satellite child protection center in a city in 11 north central Iowa that is the county seat of a county with 12 a population between 44,000 and 45,000 according to the 2010 13 federal decennial census, and so that the remaining funds are 14 awarded through a funding formula based upon the volume of 15 children served. 16 11. If the department receives federal approval to 17 implement a waiver under Tit. IV-E of the federal Social 18 Security Act to enable providers to serve children who remain 19 in the children’s families and communities, for purposes of 20 eligibility under the medical assistance program through 25 21 years of age, children who participate in the waiver shall be 22 considered to be placed in foster care. 23 12. Of the funds appropriated in this section, $2,012,583 24 $4,025,167 is allocated for the preparation for adult living 25 program pursuant to section 234.46 . 26 13. Of the funds appropriated in this section, $113,668 27 $227,337 shall be used for the public purpose of continuing 28 a grant to a nonprofit human services organization providing 29 services to individuals and families in multiple locations in 30 southwest Iowa and Nebraska for support of a project providing 31 immediate, sensitive support and forensic interviews, medical 32 exams, needs assessments, and referrals for victims of child 33 abuse and their nonoffending family members. 34 14. Of the funds appropriated in this section, $150,310 35 -40- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 40/ 112
$300,620 is allocated for the foster care youth council 1 approach of providing a support network to children placed in 2 foster care. 3 15. Of the funds appropriated in this section, $101,000 4 $202,000 is allocated for use pursuant to section 235A.1 for 5 continuation of the initiative to address child sexual abuse 6 implemented pursuant to 2007 Iowa Acts, chapter 218, section 7 18, subsection 21 . 8 16. Of the funds appropriated in this section, $315,120 9 $630,240 is allocated for the community partnership for child 10 protection sites. 11 17. Of the funds appropriated in this section, $185,625 12 $371,250 is allocated for the department’s minority youth and 13 family projects under the redesign of the child welfare system. 14 18. Of the funds appropriated in this section, $568,297 15 $851,595 is allocated for funding of the community circle of 16 care collaboration for children and youth in northeast Iowa. 17 19. Of the funds appropriated in this section, at least 18 $73,579 $147,158 shall be used for the continuation of the 19 child welfare provider training academy, a collaboration 20 between the coalition for family and children’s services in 21 Iowa and the department. 22 20. Of the funds appropriated in this section, $105,936 23 $211,872 shall be used for continuation of the central Iowa 24 system of care program grant through June 30, 2019. 25 21. Of the funds appropriated in this section, $117,500 26 $235,000 shall be used for the public purpose of the 27 continuation and expansion of a system of care program grant 28 implemented in Cerro Gordo and Linn counties to utilize a 29 comprehensive and long-term approach for helping children 30 and families by addressing the key areas in a child’s life 31 of childhood basic needs, education and work, family, and 32 community. 33 22. Of the funds appropriated in this section, at least 34 $12,500 $25,000 shall be used to continue and to expand the 35 -41- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 41/ 112
foster care respite pilot program in which postsecondary 1 students in social work and other human services-related 2 programs receive experience by assisting family foster care 3 providers with respite and other support. 4 23. Of the funds appropriated in this section, $55,000 5 $110,000 shall be used for the public purpose of funding 6 community-based services and other supports with a system of 7 care approach for children with a serious emotional disturbance 8 and their families through a nonprofit provider of child 9 welfare services that has been in existence for more than 10 115 years, is located in a county with a population of more 11 than 200,000 but less than 220,000 according to the latest 12 certified federal census, is licensed as a psychiatric medical 13 institution for children, and was a system of care grantee 14 prior to July 1, 2018. 15 Sec. 29. 2017 Iowa Acts, chapter 174, section 58, subsection 16 1, paragraph a, is amended to read as follows: 17 a. For adoption subsidy payments and services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,388,955 19 40,445,137 20 Sec. 30. 2017 Iowa Acts, chapter 174, section 60, is amended 21 to read as follows: 22 SEC. 60. FAMILY SUPPORT SUBSIDY PROGRAM. 23 1. There is appropriated from the general fund of the 24 state to the department of human services for the fiscal year 25 beginning July 1, 2018, and ending June 30, 2019, the following 26 amount, or so much thereof as is necessary, to be used for the 27 purpose designated: 28 For the family support subsidy program subject to the 29 enrollment restrictions in section 225C.37, subsection 3 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 534,641 31 949,282 32 2. At least $393,750 $787,500 of the moneys appropriated in 33 this section is transferred to the department of public health 34 for the family support center component of the comprehensive 35 -42- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 42/ 112
family support program under chapter 225C , subchapter V. 1 3. If at any time during the fiscal year, the amount of 2 funding available for the family support subsidy program 3 is reduced from the amount initially used to establish the 4 figure for the number of family members for whom a subsidy 5 is to be provided at any one time during the fiscal year, 6 notwithstanding section 225C.38, subsection 2 , the department 7 shall revise the figure as necessary to conform to the amount 8 of funding available. 9 Sec. 31. 2017 Iowa Acts, chapter 174, section 61, is amended 10 to read as follows: 11 SEC. 61. CONNER DECREE. There is appropriated from the 12 general fund of the state to the department of human services 13 for the fiscal year beginning July 1, 2018, and ending June 30, 14 2019, the following amount, or so much thereof as is necessary, 15 to be used for the purpose designated: 16 For building community capacity through the coordination 17 and provision of training opportunities in accordance with the 18 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 19 Iowa, July 14, 1994): 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,816 21 33,632 22 Sec. 32. 2017 Iowa Acts, chapter 174, section 62, subsection 23 1, is amended to read as follows: 24 1. There is appropriated from the general fund of the 25 state to the department of human services for the fiscal year 26 beginning July 1, 2018, and ending June 30, 2019, the following 27 amounts, or so much thereof as is necessary, to be used for the 28 purposes designated: 29 a. For operation of the state mental health institute at 30 Cherokee as required by chapters 218 and 226 for salaries, 31 support, maintenance, and miscellaneous purposes, and for not 32 more than the following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,935,127 34 13,870,254 35 -43- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 43/ 112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 162.00 1 b. For operation of the state mental health institute at 2 Independence as required by chapters 218 and 226 for salaries, 3 support, maintenance, and miscellaneous purposes, and for not 4 more than the following full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,756,810 6 17,513,621 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 204.00 8 Sec. 33. 2017 Iowa Acts, chapter 174, section 63, subsection 9 1, is amended to read as follows: 10 1. There is appropriated from the general fund of the 11 state to the department of human services for the fiscal year 12 beginning July 1, 2018, and ending June 30, 2019, the following 13 amounts, or so much thereof as is necessary, to be used for the 14 purposes designated: 15 a. For the state resource center at Glenwood for salaries, 16 support, maintenance, and miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,943,890 18 16,858,523 19 b. For the state resource center at Woodward for salaries, 20 support, maintenance, and miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,038,517 22 11,386,679 23 Sec. 34. 2017 Iowa Acts, chapter 174, section 64, subsection 24 1, is amended to read as follows: 25 1. There is appropriated from the general fund of the 26 state to the department of human services for the fiscal year 27 beginning July 1, 2018, and ending June 30, 2019, the following 28 amount, or so much thereof as is necessary, to be used for the 29 purpose designated: 30 For costs associated with the commitment and treatment of 31 sexually violent predators in the unit located at the state 32 mental health institute at Cherokee, including costs of legal 33 services and other associated costs, including salaries, 34 support, maintenance, and miscellaneous purposes, and for not 35 -44- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 44/ 112
more than the following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,732,373 2 10,864,747 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 112.00 4 132.00 5 Sec. 35. 2017 Iowa Acts, chapter 174, section 65, is amended 6 to read as follows: 7 SEC. 65. FIELD OPERATIONS. There is appropriated from the 8 general fund of the state to the department of human services 9 for the fiscal year beginning July 1, 2018, and ending June 30, 10 2019, the following amount, or so much thereof as is necessary, 11 to be used for the purposes designated: 12 For field operations, including salaries, support, 13 maintenance, and miscellaneous purposes, and for not more than 14 the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,242,217 16 49,074,517 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,583.00 18 1,539.00 19 Priority in filling full-time equivalent positions shall be 20 given to those positions related to child protection services 21 and eligibility determination for low-income families. 22 Sec. 36. 2017 Iowa Acts, chapter 174, section 66, is amended 23 to read as follows: 24 SEC. 66. GENERAL ADMINISTRATION. There is appropriated 25 from the general fund of the state to the department of human 26 services for the fiscal year beginning July 1, 2018, and ending 27 June 30, 2019, the following amount, or so much thereof as is 28 necessary, to be used for the purpose designated: 29 For general administration, including salaries, support, 30 maintenance, and miscellaneous purposes, and for not more than 31 the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,016,520 33 13,833,040 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 294.00 35 -45- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 45/ 112
2. Of the funds appropriated in this section, $75,000 1 $150,000 shall be used to continue the contract for the 2 provision of a program to provide technical assistance, 3 support, and consultation to providers of habilitation services 4 and home and community-based services waiver services for 5 adults with disabilities under the medical assistance program. 6 3. Of the funds appropriated in this section, $25,000 7 $50,000 is transferred to the Iowa finance authority to be 8 used for administrative support of the council on homelessness 9 established in section 16.2D and for the council to fulfill its 10 duties in addressing and reducing homelessness in the state. 11 4. Of the funds appropriated in this section, $100,000 12 $200,000 shall be transferred to and deposited in the 13 administrative fund of the Iowa ABLE savings plan trust 14 created in section 12I.4 , to be used for implementation and 15 administration activities of the Iowa ABLE savings plan trust. 16 5. Of the funds appropriated in this section, $100,000 17 $200,000 is transferred to the economic development authority 18 for the Iowa commission on volunteer services to continue 19 to be used for RefugeeRISE AmeriCorps program established 20 under section 15H.8 for member recruitment and training to 21 improve the economic well-being and health of economically 22 disadvantaged refugees in local communities across Iowa. Funds 23 transferred may be used to supplement federal funds under 24 federal regulations. 25 7. Of the funds appropriated in this section, $300,000 shall 26 be used to contract for children’s well-being collaboratives 27 grants for the development and implementation of children’s 28 well-being collaboratives to establish and coordinate 29 prevention and early intervention services to promote improved 30 mental health and well-being for children and families, as 31 enacted in 2017 Iowa Acts, chapter 174, section 88. 32 8. The department of human services shall submit the 33 strategic plan to create and implement a children’s mental 34 health system submitted to the governor by the children’s 35 -46- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 46/ 112
system state board established by Executive Order Number Two 1 issued April 23, 2018, to the general assembly by November 15, 2 2018. 3 Sec. 37. 2017 Iowa Acts, chapter 174, section 67, is amended 4 to read as follows: 5 SEC. 67. DEPARTMENT-WIDE DUTIES. There is appropriated 6 from the general fund of the state to the department of human 7 services for the fiscal year beginning July 1, 2018, and ending 8 June 30, 2019, the following amount, or so much thereof as is 9 necessary, to be used for the purposes designated: 10 For salaries, support, maintenance, and miscellaneous 11 purposes at facilities under the purview of the department of 12 human services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,439,637 14 2,879,274 15 Sec. 38. 2017 Iowa Acts, chapter 174, section 68, is amended 16 to read as follows: 17 SEC. 68. VOLUNTEERS. There is appropriated from the general 18 fund of the state to the department of human services for the 19 fiscal year beginning July 1, 2018, and ending June 30, 2019, 20 the following amount, or so much thereof as is necessary, to be 21 used for the purpose designated: 22 For development and coordination of volunteer services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,343 24 84,686 25 Sec. 39. 2017 Iowa Acts, chapter 174, section 70, subsection 26 1, paragraph f, subparagraph (1), is amended to read as 27 follows: 28 (1) For the fiscal year beginning July 1, 2018, 29 reimbursement rates for home health agencies shall continue to 30 be based on the Medicare low utilization payment adjustment 31 (LUPA) methodology with state geographic wage adjustments and 32 shall be adjusted to increase the rates to the extent possible 33 within the $1,000,000 of state funding appropriated for this 34 purpose . The department shall continue to update the rates 35 -47- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 47/ 112
every two years to reflect the most recent Medicare LUPA rates 1 to the extent possible within the state funding appropriated 2 for this purpose. 3 Sec. 40. 2017 Iowa Acts, chapter 174, section 70, subsection 4 1, paragraphs j and k, are amended to read as follows: 5 j. For the fiscal year beginning July 1, 2018, unless 6 otherwise specified in this Act, all noninstitutional medical 7 assistance provider reimbursement rates shall remain at the 8 rates in effect on June 30, 2018, except for area education 9 agencies, local education agencies, infant and toddler 10 services providers, home and community-based services providers 11 including consumer-directed attendant care providers under a 12 section 1915(c) or 1915(i) waiver, targeted case management 13 providers, and those providers whose rates are required to be 14 determined pursuant to section 249A.20 , or to meet federal 15 mental health parity requirements . 16 k. Notwithstanding any provision to the contrary, for the 17 fiscal year beginning July 1, 2018, the reimbursement rate 18 for anesthesiologists shall be adjusted to implement the cost 19 containment strategies authorized for the medical assistance 20 program in this 2017 Act remain at the rate in effect on June 21 30, 2018, and updated on January 1, 2019, to align with the 22 most current Iowa Medicare anesthesia base rate . 23 Sec. 41. 2017 Iowa Acts, chapter 174, section 70, subsection 24 7, is amended to read as follows: 25 7. a. For the purposes of this subsection, “combined 26 reimbursement rate” means the combined service and maintenance 27 reimbursement rate for a service level under the department’s 28 reimbursement methodology. Effective July 1, 2018, the 29 combined reimbursement rate for a group foster care service 30 level shall be the amount designated in this subsection. 31 However, if a group foster care provider’s reimbursement rate 32 for a service level as of June 30, 2018, is more than the rate 33 designated in this subsection, the provider’s reimbursement 34 shall remain at the higher rate. 35 -48- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 48/ 112
b. Unless a group foster care provider is subject to the 1 exception provided in paragraph “a”, effective July 1, 2018, 2 the combined reimbursement rates for the service levels under 3 the department’s reimbursement methodology shall be as follows: 4 (1) For service level, community - D1, the daily rate shall 5 be at least $84.17. 6 (2) For service level, comprehensive - D2, the daily rate 7 shall be at least $119.09. 8 (3) For service level, enhanced - D3, the daily rate shall 9 be at least $131.09 established by contract . 10 Sec. 42. 2017 Iowa Acts, chapter 174, section 70, subsection 11 11, is amended to read as follows: 12 11. a. For the fiscal year beginning July 1, 2018, 13 Effective July 1, 2018, the child care provider reimbursement 14 rates shall remain at the rates in effect on June 30, 2018. 15 Effective January 1, 2019, for child care providers reimbursed 16 under the state child care assistance program, the department 17 shall set utilize $3,000,000 of the amount appropriated for 18 child care assistance under this division to increase provider 19 reimbursement rates based on the rate reimbursement survey 20 completed in December 2004 2014 . Effective July 1, 2018, 21 the child care provider reimbursement rates shall remain at 22 the rates in effect on June 30, 2018. The department shall 23 increase the lowest rate that is furthest from the fiftieth 24 percentile to a rate consistent with the relative percentage of 25 the second lowest rate as compared to the fiftieth percentile. 26 As funds remain available, the department shall increase 27 the subsequent lowest rates in a similar manner until the 28 $3,000,000 is projected to be fully expended in the fiscal 29 year. The department shall set rates in a manner so as to 30 provide incentives for a nonregistered provider to become 31 registered by applying the increase only to registered and 32 licensed providers. 33 b. Effective January 1, 2019, for infant and toddler 34 child care providers reimbursed under the state child 35 -49- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 49/ 112
care assistance program, the department shall set provider 1 reimbursement rates at the seventy-fifth percentile of the rate 2 reimbursement survey completed in December 2014, within the 3 expected increase for the federal child care and development 4 block grant expenditure requirement for infant and toddler 5 quality improvement, subject to quality rating system criteria 6 developed pursuant to section 237A.30. The department shall 7 set rates in a manner so as to provide incentives for a 8 nonregistered provider to become registered by applying the 9 increase only to registered and licensed providers. 10 Sec. 43. 2017 Iowa Acts, chapter 174, section 70, subsection 11 13, is amended by striking the subsection. 12 Sec. 44. REPEAL. 2017 Iowa Acts, chapter 174, section 69, 13 is repealed. 14 DIVISION VI 15 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2018-2019 16 Sec. 45. 2017 Iowa Acts, chapter 174, section 75, is amended 17 to read as follows: 18 SEC. 75. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 19 appropriated from the pharmaceutical settlement account created 20 in section 249A.33 to the department of human services for the 21 fiscal year beginning July 1, 2018, and ending June 30, 2019, 22 the following amount, or so much thereof as is necessary, to be 23 used for the purpose designated: 24 Notwithstanding any provision of law to the contrary, to 25 supplement the appropriations made in this Act for medical 26 contracts under the medical assistance program for the fiscal 27 year beginning July 1, 2018, and ending June 30, 2019: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 29 1,446,266 30 Sec. 46. 2017 Iowa Acts, chapter 174, section 76, is amended 31 to read as follows: 32 SEC. 76. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 33 SERVICES. Notwithstanding any provision to the contrary and 34 subject to the availability of funds, there is appropriated 35 -50- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 50/ 112
from the quality assurance trust fund created in section 1 249L.4 to the department of human services for the fiscal year 2 beginning July 1, 2018, and ending June 30, 2019, the following 3 amounts, or so much thereof as is necessary, for the purposes 4 designated: 5 To supplement the appropriation made in this Act from the 6 general fund of the state to the department of human services 7 for medical assistance for the same fiscal year: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,352,604 9 36,705,208 10 Sec. 47. 2017 Iowa Acts, chapter 174, section 77, is amended 11 to read as follows: 12 SEC. 77. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 13 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 14 the contrary and subject to the availability of funds, there is 15 appropriated from the hospital health care access trust fund 16 created in section 249M.4 to the department of human services 17 for the fiscal year beginning July 1, 2018, and ending June 18 30, 2019, the following amounts, or so much thereof as is 19 necessary, for the purposes designated: 20 To supplement the appropriation made in this Act from the 21 general fund of the state to the department of human services 22 for medical assistance for the same fiscal year: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,960,277 24 33,920,554 25 DIVISION VII 26 PRIOR YEAR APPROPRIATIONS AND OTHER PROVISIONS 27 FEDERAL FUNDING 28 Sec. 48. 2017 Iowa Acts, chapter 165, section 13, subsection 29 3, paragraphs b and e, are amended to read as follows: 30 b. Child and family services: 31 (1) FFY 2017-2018: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,672,390 33 8,022,390 34 (2) FFY 2018-2019: 35 -51- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 51/ 112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,672,390 1 8,272,390 2 e. For distribution to counties for state case services 3 provided for persons with mental illness, intellectual 4 disability, or a developmental disability in accordance with 5 section 331.440 , Code 2013, or in accordance with a dispute 6 resolution process implemented in accordance with section 7 331.394, subsections 5 or 6 : 8 (1) FFY 2017-2018: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 10 250,000 11 (2) FFY 2018-2019: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 13 0 14 Moneys appropriated in this lettered paragraph “e” 15 that remain unencumbered or unallocated at the close of a 16 federal fiscal year shall not revert but shall be retained 17 by the department and used to supplement amounts otherwise 18 appropriated for child and family services under paragraph “b”. 19 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) 20 Sec. 49. 2017 Iowa Acts, chapter 174, section 6, is amended 21 to read as follows: 22 SEC. 6. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 23 GRANT. There is appropriated from the fund created in section 24 8.41 to the department of human services for the fiscal year 25 beginning July 1, 2017, and ending June 30, 2018, from moneys 26 received under the federal temporary assistance for needy 27 families (TANF) block grant pursuant to the federal Personal 28 Responsibility and Work Opportunity Reconciliation Act of 1996, 29 Pub. L. No. 104-193, and successor legislation, the following 30 amounts, or so much thereof as is necessary, to be used for the 31 purposes designated: 32 1. To be credited to the family investment program account 33 and used for assistance under the family investment program 34 under chapter 239B : 35 -52- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 52/ 112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,112,462 1 4,539,006 2 2. To be credited to the family investment program account 3 and used for the job opportunities and basic skills (JOBS) 4 program and implementing family investment agreements in 5 accordance with chapter 239B : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,575,693 7 5,412,060 8 3. To be used for the family development and 9 self-sufficiency grant program in accordance with section 10 216A.107 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 12 2,883,980 13 Notwithstanding section 8.33 , moneys appropriated in this 14 subsection that remain unencumbered or unobligated at the close 15 of the fiscal year shall not revert but shall remain available 16 for expenditure for the purposes designated until the close of 17 the succeeding fiscal year. However, unless such moneys are 18 encumbered or obligated on or before September 30, 2018, the 19 moneys shall revert. 20 4. For field operations: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 22 5. For general administration: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 24 6. For state child care assistance: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,866,826 26 53,603,561 27 a. Of the funds appropriated in this subsection, 28 $26,328,097 $26,205,412 is transferred to the child care 29 and development block grant appropriation made by the 30 Eighty-seventh General Assembly, 2017 session, for the federal 31 fiscal year beginning October 1, 2017, and ending September 30, 32 2018. Of this amount, $200,000 shall be used for provision 33 of educational opportunities to registered child care home 34 providers in order to improve services and programs offered 35 -53- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 53/ 112
by this category of providers and to increase the number of 1 providers. The department may contract with institutions 2 of higher education or child care resource and referral 3 centers to provide the educational opportunities. Allowable 4 administrative costs under the contracts shall not exceed 5 5 percent. The application for a grant shall not exceed two 6 pages in length. 7 b. Any funds appropriated in this subsection remaining 8 unallocated shall be used for state child care assistance 9 payments for families who are employed including but not 10 limited to individuals enrolled in the family investment 11 program. 12 7. For child and family services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 14 8. For child abuse prevention grants: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 16 9. For pregnancy prevention grants on the condition that 17 family planning services are funded: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,930,067 19 1,913,203 20 Pregnancy prevention grants shall be awarded to programs 21 in existence on or before July 1, 2017, if the programs have 22 demonstrated positive outcomes. Grants shall be awarded to 23 pregnancy prevention programs which are developed after July 24 1, 2017, if the programs are based on existing models that 25 have demonstrated positive outcomes. Grants shall comply with 26 the requirements provided in 1997 Iowa Acts, chapter 208, 27 section 14, subsections 1 and 2 , including the requirement that 28 grant programs must emphasize sexual abstinence. Priority in 29 the awarding of grants shall be given to programs that serve 30 areas of the state which demonstrate the highest percentage of 31 unplanned pregnancies of females of childbearing age within the 32 geographic area to be served by the grant. 33 10. For technology needs and other resources necessary 34 to meet federal welfare reform reporting, tracking, and case 35 -54- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 54/ 112
management requirements: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 2 294,155 3 11. a. Notwithstanding any provision to the contrary, 4 including but not limited to requirements in section 8.41 or 5 provisions in 2016 or 2017 Iowa Acts regarding the receipt and 6 appropriation of federal block grants, federal funds from the 7 temporary assistance for needy families block grant received by 8 the state and not otherwise appropriated in this section and 9 remaining available for the fiscal year beginning July 1, 2017, 10 are appropriated to the department of human services to the 11 extent as may be necessary to be used in the following priority 12 order: the family investment program, for state child care 13 assistance program payments for families who are employed, and 14 for the family investment program share of costs to develop and 15 maintain a new, integrated eligibility determination system. 16 The federal funds appropriated in this paragraph “a” shall be 17 expended only after all other funds appropriated in subsection 18 1 for assistance under the family investment program, in 19 subsection 6 for child care assistance, or in subsection 10 20 for technology costs related to the family investment program, 21 as applicable, have been expended. For the purposes of this 22 subsection, the funds appropriated in subsection 6, paragraph 23 “a”, for transfer to the child care and development block grant 24 appropriation are considered fully expended when the full 25 amount has been transferred. 26 b. The department shall, on a quarterly basis, advise the 27 legislative services agency and department of management of 28 the amount of funds appropriated in this subsection that was 29 expended in the prior quarter. 30 12. Of the amounts appropriated in this section, 31 $12,962,008 for the fiscal year beginning July 1, 2017, is 32 transferred to the appropriation of the federal social services 33 block grant made to the department of human services for that 34 fiscal year. 35 -55- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 55/ 112
13. For continuation of the program providing categorical 1 eligibility for the food assistance program as specified 2 for the program in the section of this division of this Act 3 relating to the family investment program account: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 5 14,236 6 14. The department may transfer funds allocated in this 7 section to the appropriations made in this division of this Act 8 for the same fiscal year for general administration and field 9 operations for resources necessary to implement and operate the 10 services referred to in this section and those funded in the 11 appropriation made in this division of this Act for the same 12 fiscal year for the family investment program from the general 13 fund of the state. 14 15. With the exception of moneys allocated under this 15 section for the family development and self-sufficiency grant 16 program, to the extent moneys allocated in this section are 17 deemed by the department not to be necessary to support the 18 purposes for which they are allocated, such moneys may be 19 credited used in the same fiscal year for any other purpose for 20 which funds are allocated in this section or in section 7 of 21 this division for the family investment program account. If 22 there are competing needs, priority shall first be given to the 23 family investment program account as specified under subsection 24 1 of this section and used for the purposes of assistance 25 under the family investment program in accordance with chapter 26 239B in the same fiscal year , followed by state child care 27 assistance program payments for families who are employed, 28 followed by other priorities as specified by the department . 29 MEDICAID TRANSFERS TO SUPPORT REVIEWS AND QUALITY CONTROL 30 ACTIVITIES 31 Sec. 50. 2017 Iowa Acts, chapter 174, section 12, subsection 32 8, is amended to read as follows: 33 8. A portion of the funds appropriated in this section 34 may be transferred to the appropriations in this division of 35 -56- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 56/ 112
this Act for general administration, medical contracts, the 1 children’s health insurance program, or field operations to be 2 used for the state match cost to comply with the payment error 3 rate measurement (PERM) program for both the medical assistance 4 and children’s health insurance programs as developed by the 5 centers for Medicare and Medicaid services of the United States 6 department of health and human services to comply with the 7 federal Improper Payments Information Act of 2002, Pub. L. 8 No. 107-300 , and to support other reviews and quality control 9 activities to improve the integrity of these programs . 10 STATE SUPPLEMENTARY ASSISTANCE 11 Sec. 51. 2017 Iowa Acts, chapter 174, section 14, is amended 12 by adding the following new subsection: 13 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 14 appropriated in this section that remain unencumbered or 15 unobligated at the close of the fiscal year shall not revert 16 but shall remain available for expenditure for the purposes 17 designated until the close of the succeeding fiscal year. 18 JUVENILE INSTITUTION 19 Sec. 52. 2017 Iowa Acts, chapter 174, section 17, is amended 20 by adding the following new subsection: 21 NEW SUBSECTION . 3. Notwithstanding section 8.33, moneys 22 appropriated in this section that remain unencumbered or 23 unobligated at the close of the fiscal year shall not revert 24 but shall remain available for expenditure for the purposes 25 designated until the close of the succeeding fiscal year. 26 MENTAL HEALTH INSTITUTES 27 Sec. 53. 2017 Iowa Acts, chapter 174, section 23, is amended 28 by adding the following new subsection: 29 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 30 appropriated in this section that remain unencumbered or 31 unobligated at the close of the fiscal year shall not revert 32 but shall remain available for expenditure for the purposes 33 designated until the close of the succeeding fiscal year. 34 STATE RESOURCE CENTERS 35 -57- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 57/ 112
Sec. 54. 2017 Iowa Acts, chapter 174, section 24, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 6. Notwithstanding section 8.33, and 3 notwithstanding the amount limitation specified in section 4 222.92, moneys appropriated in this section that remain 5 unencumbered or unobligated at the close of the fiscal year 6 shall not revert but shall remain available for expenditure 7 for the purposes designated until the close of the succeeding 8 fiscal year. 9 SEXUALLY VIOLENT PREDATORS 10 Sec. 55. 2017 Iowa Acts, chapter 174, section 25, is amended 11 by adding the following new subsection: 12 NEW SUBSECTION . 3. Notwithstanding section 8.33, moneys 13 appropriated in this section that remain unencumbered or 14 unobligated at the close of the fiscal year shall not revert 15 but shall remain available for expenditure for the purposes 16 designated until the close of the succeeding fiscal year. 17 Sec. 56. EFFECTIVE DATE. This division of this Act, being 18 deemed of immediate importance, takes effect upon enactment. 19 Sec. 57. RETROACTIVE APPLICABILITY. This division of this 20 Act applies retroactively to July 1, 2017. 21 DIVISION VIII 22 DECATEGORIZATION 23 Sec. 58. DECATEGORIZATION CARRYOVER FUNDING —— TRANSFER TO 24 MEDICAID PROGRAM. Notwithstanding section 232.188, subsection 25 5, paragraph “b”, any state appropriated moneys in the funding 26 pool that remained unencumbered or unobligated at the close 27 of the fiscal year beginning July 1, 2015, and were deemed 28 carryover funding to remain available for the two succeeding 29 fiscal years that still remain unencumbered or unobligated at 30 the close of the fiscal year beginning July 1, 2017, shall 31 not revert but shall be transferred to the medical assistance 32 program for the fiscal year beginning July 1, 2018. 33 Sec. 59. EFFECTIVE DATE. This division of this Act, being 34 deemed of immediate importance, takes effect upon enactment. 35 -58- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 58/ 112
Sec. 60. RETROACTIVE APPLICABILITY. This division of this 1 Act applies retroactively to July 1, 2017. 2 DIVISION IX 3 STATE CASES 4 Sec. 61. Section 218.99, Code 2018, is amended to read as 5 follows: 6 218.99 Counties to be notified of patients’ personal 7 accounts. 8 The administrator in control of a state institution shall 9 direct the business manager of each institution under the 10 administrator’s jurisdiction which is mentioned in section 11 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 12 (2), and for which services are paid under section 331.424A , 13 to quarterly inform the county of residence of any patient or 14 resident who has an amount in excess of two hundred dollars on 15 account in the patients’ personal deposit fund and the amount 16 on deposit. The administrators shall direct the business 17 manager to further notify the county of residence at least 18 fifteen days before the release of funds in excess of two 19 hundred dollars or upon the death of the patient or resident. 20 If the patient or resident has no residency in this state 21 or the person’s residency is unknown so that the person is 22 deemed to be a state case , notice shall be made to the director 23 of human services and the administrator in control of the 24 institution involved. 25 Sec. 62. Section 222.60, subsection 1, paragraph b, Code 26 2018, is amended to read as follows: 27 b. The state when the person is a resident in another state 28 or in a foreign country, or when the person’s residence is 29 unknown. The payment responsibility shall be deemed to be a 30 state case. 31 Sec. 63. Section 222.60, subsection 2, paragraph b, Code 32 2018, is amended to read as follows: 33 b. The cost of a regional administrator-required diagnosis 34 and an evaluation is at the mental health and disability 35 -59- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 59/ 112
services region’s expense. For a state case When a person is 1 a resident in another state or in a foreign country, or when 2 the persons’ residence is unknown , the state may apply the 3 diagnosis and evaluation provisions of this subsection at the 4 state’s expense. 5 Sec. 64. Section 222.65, subsection 1, Code 2018, is amended 6 to read as follows: 7 1. If the administrator concurs with a certified 8 determination as to residency of the person so that the 9 person is deemed a state case in another state or in a foreign 10 country, or the person’s residence is unknown under section 11 222.60 , the administrator shall cause the person either to be 12 transferred to a resource center or a special unit or to be 13 transferred to the place of foreign residency. 14 Sec. 65. Section 222.66, Code 2018, is amended to read as 15 follows: 16 222.66 Transfers —— state cases no residency in the state or 17 residency unknown —— expenses. 18 1. The transfer to a resource center or a special unit or 19 to the place of residency of a person with an intellectual 20 disability who has no residence in this state or whose 21 residency is unknown, shall be made in accordance with such 22 directions as shall be prescribed by the administrator and 23 when practicable by employees of the state resource center or 24 the special unit. The actual and necessary expenses of such 25 transfers shall be paid by the department on itemized vouchers 26 sworn to by the claimants and approved by the administrator and 27 the approved amount is appropriated to the department from any 28 funds in the state treasury not otherwise appropriated. 29 2. The case of a person with an intellectual disability 30 who is determined to have no residence in this state or whose 31 residence is unknown shall be considered a state case. 32 Sec. 66. Section 222.67, Code 2018, is amended to read as 33 follows: 34 222.67 Charge on finding of residency. 35 -60- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 60/ 112
If a person has been received into a resource center or a 1 special unit as a patient whose residency is unknown and the 2 administrator determines that the residency of the patient 3 was at the time of admission in a county of this state, the 4 administrator shall certify the determination and charge 5 all legal costs and expenses pertaining to the admission 6 and support of the patient to the county of residence. The 7 certification shall be sent to the county of residence. The 8 certification shall be accompanied by a copy of the evidence 9 supporting the determination. If the person’s residency status 10 has been determined in accordance with section 331.394 , the 11 legal costs and expenses shall be charged to the county or as a 12 state case in accordance with that determination. The costs 13 and expenses shall be collected as provided by law in other 14 cases. 15 Sec. 67. Section 222.70, Code 2018, is amended to read as 16 follows: 17 222.70 Residency disputes. 18 If a dispute arises between counties or between the 19 department and a county as to the residency of a person 20 admitted to a resource center , or a special unit , or a 21 community-based service , the dispute shall be resolved as 22 provided in section 331.394 . 23 Sec. 68. Section 226.45, Code 2018, is amended to read as 24 follows: 25 226.45 Reimbursement to county or state. 26 If a patient is not receiving medical assistance under 27 chapter 249A and the amount to in the account of any patient 28 in the patients’ personal deposit fund exceeds two hundred 29 dollars, the business manager of the hospital may apply any 30 of the excess to reimburse the county of residence or the 31 state for a state case when the patient is a resident in 32 another state or in a foreign country, or when the patient’s 33 residence is unknown for liability incurred by the county or 34 the state for the payment of care, support and maintenance of 35 -61- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 61/ 112
the patient, when billed by the county of residence or by the 1 administrator for a state case when the patient is a resident 2 in another state or in a foreign country, or when the patient’s 3 residence is unknown . 4 Sec. 69. Section 230.1, subsection 1, paragraph b, Code 5 2018, is amended to read as follows: 6 b. By the state as a state case if such person has no 7 residence in this state, if the person’s residence is unknown, 8 or if the person is under eighteen years of age. 9 Sec. 70. Section 230.2, Code 2018, is amended to read as 10 follows: 11 230.2 Finding of residence. 12 If a person’s residency status is disputed, the residency 13 shall be determined in accordance with section 331.394 . 14 Otherwise, the district court may, when the person is 15 ordered placed in a hospital for psychiatric examination and 16 appropriate treatment, or as soon thereafter as the court 17 obtains the proper information, make one of the following 18 determinations and enter of record whether the residence of the 19 person is in a county or the person is deemed to be a state case 20 a resident in another state or in a foreign country, or when 21 the person’s residence is unknown , as follows: 22 1. That the person’s residence is in the county from which 23 the person was placed in the hospital. 24 2. That the person’s residence is in another county of the 25 state. 26 3. That the person’s residence is in a foreign state or 27 country and the person is deemed to be a state case . 28 4. That the person’s residence is unknown and the person is 29 deemed to be a state case . 30 Sec. 71. Section 230.8, Code 2018, is amended to read as 31 follows: 32 230.8 Transfers of persons with mental illness —— expenses. 33 The transfer to any state hospitals or to the places of their 34 residence of persons with mental illness who have no residence 35 -62- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 62/ 112
in this state or whose residence is unknown and deemed to be a 1 state case , shall be made according to the directions of the 2 administrator, and when practicable by employees of the state 3 hospitals. The actual and necessary expenses of such transfers 4 shall be paid by the department on itemized vouchers sworn to 5 by the claimants and approved by the administrator. 6 Sec. 72. Section 230.9, Code 2018, is amended to read as 7 follows: 8 230.9 Subsequent discovery of residence. 9 If, after a person has been received by a state hospital 10 for persons with mental illness as a state case patient 11 whose residence is supposed to be outside this state, the 12 administrator determines that the residence of the person 13 was, at the time of admission or commitment, in a county of 14 this state, the administrator shall certify the determination 15 and charge all legal costs and expenses pertaining to the 16 admission or commitment and support of the person to the county 17 of residence. The certification shall be sent to the county 18 of residence. The certification shall be accompanied by a 19 copy of the evidence supporting the determination. The costs 20 and expenses shall be collected as provided by law in other 21 cases. If the person’s residency status has been determined in 22 accordance with section 331.394 , the legal costs and expenses 23 shall be charged to the county of residence or as a state case 24 in accordance with that determination. 25 Sec. 73. Section 230.11, Code 2018, is amended to read as 26 follows: 27 230.11 Recovery of costs from state. 28 Costs and expenses attending the taking into custody, 29 care, and investigation of a person who has been admitted 30 or committed to a state hospital, United States department 31 of veterans affairs hospital, or other agency of the United 32 States government, for persons with mental illness and who 33 has no residence in this state or whose residence is unknown, 34 including cost of commitment, if any, shall be paid as a state 35 -63- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 63/ 112
case as approved by the administrator. The amount of the costs 1 and expenses approved by the administrator is appropriated 2 to the department from any money in the state treasury 3 not otherwise appropriated. Payment shall be made by the 4 department on itemized vouchers executed by the auditor of the 5 county which has paid them, and approved by the administrator. 6 Sec. 74. Section 249A.26, subsection 2, paragraph b, Code 7 2018, is amended to read as follows: 8 b. The state shall pay for one hundred percent of the 9 nonfederal share of the costs of case management provided for 10 adults, day treatment, partial hospitalization, and the home 11 and community-based services waiver services for persons who 12 have no residence in this state or whose residence is unknown 13 so that the persons are deemed to be state cases . 14 Sec. 75. Section 249A.26, subsection 7, Code 2018, is 15 amended by striking the subsection. 16 Sec. 76. Section 331.394, Code 2018, is amended to read as 17 follows: 18 331.394 County of residence —— services to residents —— 19 service authorization appeals —— disputes between counties or 20 regions and the department . 21 1. For the purposes of this section , unless the context 22 otherwise requires: 23 a. “County of residence” means the county in this state in 24 which, at the time a person applies for or receives services, 25 the person is living and has established an ongoing presence 26 with the declared, good faith intention of living in the 27 county for a permanent or indefinite period of time. The 28 county of residence of a person who is a homeless person 29 is the county where the homeless person usually sleeps. A 30 person maintains residency in the county or state in which the 31 person last resided while the person is present in another 32 county or this state receiving services in a hospital, a 33 correctional facility, a halfway house for community-based 34 corrections or substance-related treatment, a nursing facility, 35 -64- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 64/ 112
an intermediate care facility for persons with an intellectual 1 disability, or a residential care facility, or for the purpose 2 of attending a college or university. 3 b. “Homeless person” means the same as defined in section 4 48A.2 . 5 c. “Mental health professional” means the same as defined 6 in section 228.1 . 7 d. “Person” means a person who is a United States citizen or 8 a qualified alien as defined in 8 U.S.C. §1641. 9 2. If a person appeals a decision regarding a service 10 authorization or other services-related decision made by a 11 regional administrator that cannot be resolved informally, 12 the appeal shall be heard in a contested case proceeding by a 13 state administrative law judge. The administrative law judge’s 14 decision shall be considered final agency action under chapter 15 17A . 16 3. If a service authorization or other services-related 17 decision made by a regional administrator concerning a person 18 varies from the type and amount of service identified to be 19 necessary for the person in a clinical determination made by a 20 mental health professional and the mental health professional 21 believes that failure to provide the type and amount of service 22 identified could cause an immediate danger to the person’s 23 health or safety, the person may request an expedited review 24 of the regional administrator’s decision to be made by the 25 department of human services. An expedited review held in 26 accordance with this subsection is subject to the following 27 procedures: 28 a. The request for the expedited review shall be filed 29 within five business days of receiving the notice of decision 30 by the regional administrator. The request must be in writing, 31 plainly state the request for an expedited review in the 32 caption and body of the request, and be supported by written 33 documentation from the mental health professional who made the 34 clinical determination stating how the notice of decision on 35 -65- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 65/ 112
services could cause an immediate danger to the person’s health 1 or safety. 2 b. The expedited review shall be performed by a mental 3 health professional, who is either the administrator of the 4 division of mental health and disability services of the 5 department of human services or the administrator’s designee. 6 If the administrator is not a mental health professional, 7 the expedited review shall be performed by a designee of the 8 administrator who is a mental health professional and is free 9 of any conflict of interest to perform the expedited review. 10 The expedited review shall be performed within two business 11 days of the time the request is filed. If the reviewer 12 determines the information submitted in connection with the 13 request is inadequate to perform the review, the reviewer shall 14 request the submission of additional information and the review 15 shall be performed within two business days of the time that 16 adequate information is submitted. The regional administrator 17 and the person, with the assistance of the mental health 18 professional who made the clinical determination, shall each 19 provide a brief statement of facts, conclusions, and reasons 20 for the decision made. Supporting clinical information shall 21 also be attached. All information related to the proceedings 22 and any related filings shall be considered to be mental health 23 information subject to chapter 228 . 24 c. The administrator or designee shall issue an order, 25 including a brief statement of findings of fact, conclusions of 26 law, and policy reasons for the order, to justify the decision 27 made concerning the expedited review. If the decision concurs 28 with the contention that there is an immediate danger to the 29 person’s health or safety, the order shall identify the type 30 and amount of service which shall be provided for the person. 31 The administrator or designee shall give such notice as is 32 practicable to persons who are required to comply with the 33 order. The order is effective when issued. 34 d. The decision of the administrator or designee shall be 35 -66- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 66/ 112
considered a final agency action and is subject to judicial 1 review in accordance with section 17A.19 . The record for 2 judicial review consists of any documents regarding the matter 3 that were considered or prepared by the administrator or 4 designee. The administrator or designee shall maintain these 5 documents as the official record of the decision. If the 6 matter is appealed to the district court, the record shall be 7 filed as confidential. 8 4. If a county of residence is part of a mental health and 9 disability services region that has agreed to pool funding and 10 liability for services, the responsibilities of the county 11 under law regarding such services shall be performed on behalf 12 of the county by the regional administrator. The county of 13 residence or the county’s mental health and disability services 14 region, as applicable, is responsible for paying the public 15 costs of the mental health and disability services that are 16 not covered by the medical assistance program under chapter 17 249A and are provided in accordance with the region’s approved 18 service management plan to persons who are residents of the 19 county or region. 20 5. a. The dispute resolution process implemented in 21 accordance with this subsection applies to residency disputes. 22 The dispute resolution process is not applicable to disputes 23 involving persons committed to a state facility pursuant to 24 chapter 812 or rule of criminal procedure 2.22 , Iowa court 25 rules, or to disputes involving service authorization decisions 26 made by a region. 27 b. If a county , or region , or the department , as applicable, 28 receives a billing for services provided to a resident 29 in another county or region, or objects to a residency 30 determination certified by the department or another county’s 31 or region’s regional administrator and asserts either that the 32 person has residency in another county or region or the person 33 is not a resident of this state or the person’s residency is 34 unknown so that the person is deemed a state case , the person’s 35 -67- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 67/ 112
residency status shall be determined as provided in this 1 subsection . The county or region shall notify the department 2 of the county’s or region’s assertion within one hundred twenty 3 days of receiving the billing. If the county or region asserts 4 that the person has residency in another county or region, 5 that the county or region shall be notified at the same time 6 as the department. If the department disputes a residency 7 determination certification made by a regional administrator, 8 the department shall notify the affected counties or regions of 9 the department’s assertion notify the other county or region 10 within one hundred twenty days of receiving the billing for 11 services . 12 c. The department, county , or region that received the 13 notification, as applicable, shall respond to the party that 14 provided the notification within forty-five days of receiving 15 the notification. If the parties cannot agree to a settlement 16 as to the person’s residency status within ninety days of the 17 date of notification, on motion of any of the parties, the 18 matter shall be referred to the department of inspections and 19 appeals for a contested case hearing under chapter 17A before 20 an administrative law judge assigned in accordance with section 21 10A.801 to determine the person’s residency status. 22 d. (1) The administrative law judge’s determination 23 of the person’s residency status shall be considered final 24 agency action, notwithstanding contrary provisions of section 25 17A.15 . The party that does not prevail in the determination 26 or subsequent judicial review is liable for costs associated 27 with the proceeding, including reimbursement of the department 28 of inspections and appeals’ actual costs associated with 29 the administrative proceeding. Judicial review of the 30 determination may be sought in accordance with section 17A.19 . 31 (2) If following the determination of a person’s residency 32 status in accordance with this subsection , additional evidence 33 becomes available that merits a change in that determination, 34 the parties affected may change the determination by mutual 35 -68- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 68/ 112
agreement. Otherwise, a party may move that the matter be 1 reconsidered by the department, county , or region, or by the 2 administrative law judge. 3 e. (1) Unless a petition is filed for judicial review, 4 the administrative law judge’s determination of the person’s 5 residency status shall result in one of the following: 6 (a) If a county or region is determined to be the person’s 7 residence, the county or region shall pay the amounts due and 8 shall reimburse any other amounts paid for services provided by 9 the other county or region or the department on the person’s 10 behalf prior to the determination. 11 (b) If it is determined that the person is not a resident 12 of this state or the person’s residency is unknown so that the 13 person is deemed to be a state case, the department shall pay 14 the amounts due and shall reimburse the county or region, as 15 applicable, for any payment made on behalf of the person prior 16 to the determination neither the region in which the services 17 were provided nor the state shall be liable for payment of 18 amounts due for services provided to the person prior to the 19 determination . 20 (2) The payment or reimbursement shall be remitted within 21 forty-five days of the date the determination was issued. 22 After the forty-five-day period, a penalty of not greater than 23 one percent per month may be added to the amount due. 24 6. a. The dispute resolution process implemented in 25 accordance with this subsection applies beginning July 1, 2012, 26 to billing disputes between the state and a county or region, 27 other than residency disputes or other dispute processes under 28 this section , involving the responsibility for service costs 29 for services provided on or after July 1, 2011, under any of 30 the following: 31 (1) Chapter 221 . 32 (2) Chapter 222 . 33 (3) Chapter 229 . 34 (4) Chapter 230 . 35 -69- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 69/ 112
(5) Chapter 249A . 1 (6) Chapter 812 . 2 b. If a county, region, or the department, as applicable, 3 disputes a billing for service costs listed in paragraph “a” , 4 the dispute shall be resolved as provided in this subsection . 5 The county or region shall notify the department of the 6 county’s or region’s assertion within ninety days of receiving 7 the billing. However, for services provided on or after July 8 1, 2011, for which a county has received the billing as of July 9 1, 2012, the county shall notify the department of the county’s 10 assertion on or before October 1, 2012. If the department 11 disputes such a billing of a regional administrator, the 12 department shall notify the affected counties or regions of the 13 department’s assertion. 14 c. The department, county, or region that received the 15 notification, as applicable, shall respond to the party 16 that provided the notification within forty-five days of 17 receiving the notification. If the parties cannot agree to a 18 settlement as to the dispute within ninety days of the date 19 of notification, on motion of any of the parties, the matter 20 shall be referred to the department of inspections and appeals 21 for a contested case hearing under chapter 17A before an 22 administrative law judge assigned in accordance with section 23 10A.801 to determine facts and issue a decision to resolve the 24 dispute. 25 d. (1) The administrative law judge’s decision is a final 26 agency action, notwithstanding contrary provisions of section 27 17A.15 . The party that does not prevail in the decision or 28 subsequent judicial review is liable for costs associated with 29 the proceeding, including reimbursement of the department of 30 inspections and appeals’ actual costs associated with the 31 administrative proceeding. Judicial review of the decision may 32 be sought in accordance with section 17A.19 . 33 (2) If following the decision regarding a dispute in 34 accordance with this subsection , additional evidence becomes 35 -70- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 70/ 112
available that merits a change in that decision, the parties 1 affected may change the decision by mutual agreement. 2 Otherwise, a party may move that the matter be reconsidered by 3 the department, county, or region, or by the administrative law 4 judge. 5 e. (1) Unless a petition is filed for judicial review, 6 the administrative law judge’s decision regarding a disputed 7 billing shall result in one of the following: 8 (a) If a county or region is determined to be responsible 9 for the disputed amounts, the county or region shall pay 10 the amounts due and shall reimburse any other amounts paid 11 for services provided by the other county or region or the 12 department on the person’s behalf prior to the decision. 13 (b) If it is determined that the state is responsible for 14 the disputed amounts, the state shall pay the amounts due and 15 shall reimburse the county or region, as applicable, for any 16 payment made on behalf of the person prior to the decision. 17 (2) The payment or reimbursement shall be remitted within 18 forty-five days of the date the decision was issued. After 19 the forty-five-day period, a penalty of not greater than one 20 percent per month may be added to the amount due. 21 Sec. 77. REPEAL. Section 226.9C, Code 2018, is repealed. 22 DIVISION X 23 IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING 24 Sec. 78. IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING. The 25 department on aging and the department of human services shall 26 collaborate to develop a cost allocation plan requesting 27 Medicaid administrative funding to provide for the claiming 28 of federal financial participation for aging and disability 29 resource center activities that are performed to assist with 30 administration of the Medicaid program. By January 1, 2019, 31 the department of human services shall submit to the centers 32 for Medicare and Medicaid services of the United States 33 department of health and human services any Medicaid state plan 34 amendment as necessary and shall enter into an interagency 35 -71- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 71/ 112
agreement with the department on aging to implement this 1 section. 2 Sec. 79. EFFECTIVE DATE. This division of this Act, being 3 deemed of immediate importance, takes effect upon enactment. 4 DIVISION XI 5 EXECUTIVE DIRECTOR —— DEPARTMENT OF VETERANS AFFAIRS 6 Sec. 80. 2008 Iowa Acts, chapter 1191, section 14, 7 subsection 3, is amended to read as follows: 8 3. The following are range 3 positions: administrator of 9 the division of criminal and juvenile justice planning of the 10 department of human rights, administrator of the division of 11 community action agencies of the department of human rights, 12 executive director of the department of veterans affairs, and 13 chairperson and members of the employment appeal board of the 14 department of inspections and appeals. 15 Sec. 81. 2008 Iowa Acts, chapter 1191, section 14, 16 subsection 5, as amended by 2013 Iowa Acts, chapter 123, 17 section 63, is amended to read as follows: 18 5. The following are range 5 positions: administrator of 19 the division of homeland security and emergency management of 20 the department of public defense, state public defender, drug 21 policy coordinator, labor commissioner, workers’ compensation 22 commissioner, director of the department of cultural affairs, 23 director of the department of elder affairs, director of the 24 law enforcement academy, members of the property assessment 25 appeal board, executive director of the department of veterans 26 affairs, and administrator of the historical division of the 27 department of cultural affairs. 28 Sec. 82. EFFECTIVE DATE. This division of this Act, being 29 deemed of immediate importance, takes effect upon enactment. 30 DIVISION XII 31 FAMILY PLANNING SERVICES PROGRAM 32 Sec. 83. Section 217.41B, subsection 3, Code 2018, is 33 amended to read as follows: 34 3. a. (1) Distribution of family planning services program 35 -72- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 72/ 112
funds shall not be made to any entity that performs abortions 1 or that maintains or operates a facility where abortions 2 are performed , which shall not be interpreted to include a 3 nonpublic entity that is a distinct location of a nonprofit 4 health care delivery system, if the distinct location provides 5 family planning services but does not perform abortions 6 or maintain or operate as a facility where abortions are 7 performed . 8 (2) The department of human services shall adopt rules 9 pursuant to chapter 17A to require that as a condition of 10 eligibility as a provider under the family planning services 11 program, each distinct location of a nonprofit health care 12 delivery system shall enroll in the program as a separate 13 provider, be assigned a distinct provider identification 14 number, and complete an attestation that abortions are not 15 performed at the distinct location. 16 (3) For the purposes of this section, “nonprofit health 17 care delivery system” means an Iowa nonprofit corporation 18 that controls, directly or indirectly, a regional health 19 care network consisting of hospital facilities and various 20 ambulatory and clinic locations that provide a range of 21 primary, secondary, and tertiary inpatient, outpatient, and 22 physician services. 23 b. For the purposes of this section , “abortion” does not 24 include any of the following: 25 a. (1) The treatment of a woman for a physical 26 disorder, physical injury, or physical illness, including a 27 life-endangering physical condition caused by or arising from 28 the pregnancy itself, that would, as certified by a physician, 29 place the woman in danger of death. 30 b. (2) The treatment of a woman for a spontaneous abortion, 31 commonly known as a miscarriage, when not all of the products 32 of human conception are expelled. 33 DIVISION XIII 34 PROVISIONAL REGIONALIZATION AUTHORIZATION 35 -73- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 73/ 112
Sec. 84. Section 331.389, subsection 1, paragraphs b and c, 1 Code 2018, are amended to read as follows: 2 b. The director of human services shall exempt a county 3 from being required to enter into a regional service system if 4 the county furnishes evidence that the county complies with 5 the requirements in subsection 3 , paragraphs “c” , “d” , “e” , 6 and “f” , and is able to provide the core services required 7 by law to the county’s residents in a manner that is as cost 8 effective and with outcomes that are at least equal to what 9 could be provided to the residents if the county would provide 10 the services through a regional service system. The director 11 shall identify criteria for evaluating the evidence provided by 12 counties applying for the exemption. The criteria identified 13 shall be specified in rule adopted by the state commission. 14 c. b. If a county has been exempted pursuant to this 15 subsection prior to July 1, 2014, from the requirement to enter 16 into a regional service system, the county and the county’s 17 board of supervisors shall fulfill all requirements under 18 this chapter and chapter 225C for a regional service system, 19 regional service system management plan, regional governing 20 board, and regional administrator, and any other provisions 21 applicable to a region of counties providing local mental 22 health and disability services. 23 Sec. 85. Section 331.389, subsection 2, Code 2018, is 24 amended to read as follows: 25 2. The director of human services shall approve any region 26 meeting the requirements of subsection 3 . However, the 27 director of human services, in consultation with the state 28 commission, may grant a waiver from the requirement relating to 29 the minimum number of counties if there is convincing evidence 30 that compliance with such requirement is not workable. 31 Sec. 86. Section 331.389, subsection 3, paragraph a, Code 32 2018, is amended to read as follows: 33 a. The counties comprising the region are contiguous except 34 that a region may include a county that is not contiguous with 35 -74- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 74/ 112
any of the other counties in the region, if the county that is 1 not contiguous has had a formal relationship for two years or 2 longer with one or more of the other counties in the region for 3 the provision of mental health and disability services . 4 Sec. 87. Section 331.389, subsection 4, paragraph c, Code 5 2018, is amended to read as follows: 6 c. During the period of April 2, 2013, through July 1, 7 2013, the The department shall work with any county that has 8 not agreed to be part of a region in accordance with paragraph 9 “a” and with the regions forming around the county to resolve 10 issues preventing the county from joining a region. By July 11 1, 2013, a A county that has not agreed to be part of a region 12 in accordance with paragraph “a” shall be assigned by the 13 department to a region, unless exempted pursuant to subsection 14 1 prior to July 1, 2014 . 15 Sec. 88. Section 331.389, subsection 4, paragraph e, 16 unnumbered paragraph 1, Code 2018, is amended to read as 17 follows: 18 On or before June 30, 2014, unless exempted pursuant to 19 subsection 1 prior to July 1, 2014 , all counties shall be 20 in compliance with all of the following mental health and 21 disability services region implementation criteria: 22 Sec. 89. Section 331.424A, subsection 8, Code 2018, is 23 amended to read as follows: 24 8. a. For the fiscal year beginning July 1, 2017, the 25 regional per capita expenditure target amount is the sum of the 26 base expenditure amount for all counties in the region divided 27 by the population of the region. However, a regional per 28 capita expenditure target amount shall not exceed the statewide 29 per capita expenditure target amount. For the fiscal year 30 beginning July 1, 2018, and each subsequent fiscal year, the 31 regional per capita expenditure target amount for each region 32 is equal to the regional per capita expenditure target amount 33 for the fiscal year beginning July 1, 2017. 34 b. Notwithstanding paragraph “a” , for the fiscal year 35 -75- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 75/ 112
beginning July 1, 2019, the regional per capita expenditure 1 target amount for a region formed pursuant to the section of 2 this Act which authorizes regionalization is the sum of the 3 base expenditure amount for all counties in the region divided 4 by the population of the region. However, the regional per 5 capita expenditure target amount shall not exceed the statewide 6 per capita expenditure target amount. For the fiscal year 7 beginning July 1, 2020, and each subsequent fiscal year, the 8 regional per capita expenditure target amount for the region 9 shall be equal to the regional per capita expenditure target 10 amount for the fiscal year beginning July 1, 2019. 11 Sec. 90. MENTAL HEALTH AND DISABILITY SERVICES —— 12 REGIONALIZATION AUTHORIZATION. 13 1. Upon receiving a request from any county within the 14 county social services mental health and disability services 15 region to be removed from the region, the director of human 16 services may authorize the county to join with other counties 17 requesting to be removed from the county social services mental 18 health and disability services region in the formation of a 19 proposed new mental health and disability services region. 20 2. County formation of a proposed new mental health and 21 disability services region pursuant to this section is subject 22 to all of the following: 23 a. The aggregate population of all counties forming 24 the region is at least 100,000 and includes at least one 25 incorporated city with a population of more than 24,000. For 26 purposes of this subparagraph, “population” means the same as 27 defined in section 331.388, subsection 3, Code 2018. 28 b. Notwithstanding section 331.389, subsection 4, on or 29 before February 1, 2019, the counties forming the region have 30 complied with section 331.389, subsection 3, as amended in 31 this division of this Act, and all of the following additional 32 requirements: 33 (1) The board of supervisors of each county forming the 34 region has voted to approve a chapter 28E agreement. 35 -76- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 76/ 112
(2) The duly authorized representatives of all the counties 1 forming the region have signed a chapter 28E agreement that is 2 in compliance with section 331.392 and 441 IAC 25.14. 3 (3) The county board of supervisors’ or supervisors’ 4 designee members and other members of the region’s governing 5 board are appointed in accordance with section 331.390. 6 (4) Executive staff for the region’s regional administrator 7 are identified or engaged. 8 (5) The regional service management plan is developed in 9 accordance with section 331.393 and 441 IAC 25.18 and 441 IAC 10 25.21 and is submitted to the department. 11 (6) The initial regional service management plan shall 12 identify the service provider network for the region, identify 13 the information technology and data management capacity to be 14 employed to support regional functions, and establish business 15 functions, accounting procedures, and other administrative 16 processes. 17 c. Each county forming the region shall submit the 18 compliance information required in paragraph “b” to the 19 director of human services on or before February 1, 2019. 20 Within 45 days of receipt of such information, the director 21 of human services shall determine if the region is in full 22 compliance and shall approve the region if the region has met 23 all of the requirements of this section. 24 d. The director of human services shall work with a county 25 making a request under this section that has not agreed or 26 is unable to join the proposed new region to resolve issues 27 preventing the county from joining the proposed new region. 28 e. By February 1, 2019, the director of human services shall 29 assign a county making a request under this section that has 30 not reached an agreement to be part of the proposed new region 31 to an existing region or to the new proposed region, consistent 32 with this section. 33 3. If approved by the department, the region shall commence 34 full operations no later than July 1, 2019. 35 -77- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 77/ 112
Sec. 91. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 DIVISION XIV 3 MANDATORY REPORTER TRAINING AND CERTIFICATION WORKGROUP 4 Sec. 92. DEPARTMENT OF HUMAN SERVICES —— MANDATORY REPORTER 5 TRAINING AND CERTIFICATION WORKGROUP. The department of human 6 services, in cooperation with the departments of education 7 and public health, shall facilitate a study by a workgroup of 8 stakeholders to make recommendations relating to mandatory 9 child abuse and mandatory dependent adult abuse reporter 10 training and certification requirements. The workgroup shall 11 develop interdepartmental strategies for improving mandatory 12 child abuse and mandatory dependent adult abuse reporter 13 training and certification requirements. The workgroup 14 shall consist of representatives from the departments of 15 human services, education, public health, public safety, and 16 human rights, the department on aging, and the office of the 17 attorney general; a court appointed special advocate; and other 18 experts the department of human services deems necessary. The 19 membership of the workgroup shall also include four members of 20 the general assembly. The legislative members shall serve as 21 ex officio, nonvoting members of the workgroup, with one member 22 to be appointed by each of the following: the majority leader 23 of the senate, the minority leader of the senate, the speaker 24 of the house of representatives, and the minority leader of the 25 house of representatives. The workgroup shall submit a report 26 with recommendations, including but not limited to strategies 27 developed and other proposed improvements, to the governor and 28 the general assembly on or before December 15, 2018. 29 DIVISION XV 30 NURSING FACILITY QUALITY ASSURANCE ASSESSMENT 31 Sec. 93. Section 249L.3, subsection 1, paragraph d, Code 32 2018, is amended to read as follows: 33 d. The aggregate quality assurance assessments imposed under 34 this chapter shall not exceed the lower of three percent of the 35 -78- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 78/ 112
aggregate non-Medicare revenues of a nursing facility or the 1 maximum amount that may be assessed pursuant to the indirect 2 guarantee threshold as established pursuant to 42 C.F.R. 3 §433.68(f)(3)(i), and shall be stated on a per-patient-day 4 basis. 5 Sec. 94. Section 249L.4, subsection 2, Code 2018, is amended 6 to read as follows: 7 2. Moneys in the trust fund shall be used, subject to 8 their appropriation by the general assembly, by the department 9 only for reimbursement of nursing facility services for which 10 federal financial participation under the medical assistance 11 program is available to match state funds. Any moneys Moneys 12 appropriated from the trust fund for reimbursement of nursing 13 facilities, in addition to the quality assurance assessment 14 pass-through and the quality assurance assessment rate add-on 15 which shall be used as specified in subsection 5 , paragraph “b” , 16 shall be used in a manner such that no less than thirty-five 17 percent of the amount received by a nursing facility is used 18 for increases in compensation and costs of employment for 19 direct care workers, and no less than sixty percent of the 20 total is used to increase compensation and costs of employment 21 for all nursing facility staff. For the purposes of use of 22 such funds, “direct care worker” , “nursing facility staff” , 23 “increases in compensation” , and “costs of employment” mean as 24 defined or specified in this chapter . 25 Sec. 95. DIRECTIVES TO DEPARTMENT OF HUMAN SERVICES. 26 1. The department of human services shall request approval 27 from the centers for Medicare and Medicaid services of the 28 United States department of health and human services for any 29 waiver or state plan amendment necessary to administer this 30 division of this Act. 31 2. The change in the quality assurance assessment shall 32 accrue beginning on the first day of the calendar quarter 33 following the date of approval of any waiver or state plan 34 amendment. 35 -79- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 79/ 112
DIVISION XVI 1 SEXUAL OFFENSES AND SEX OFFENDERS 2 Sec. 96. Section 229A.2, subsection 4, Code 2018, is amended 3 to read as follows: 4 4. “Discharge” means an unconditional discharge from the 5 sexually violent predator program. A person released from a 6 secure facility into a transitional release program or released 7 with or without supervision is not considered to be discharged. 8 Sec. 97. Section 229A.5B, subsection 1, unnumbered 9 paragraph 1, Code 2018, is amended to read as follows: 10 A person who is detained pursuant to section 229A.5 or is 11 subject to an order of civil commitment under this chapter 12 shall remain in custody unless released by court order or 13 discharged under section 229A.8 or 229A.10 . A person who has 14 been placed in a transitional release program or who is under 15 release with or without supervision is considered to be in 16 custody. A person in custody under this chapter shall not do 17 any of the following: 18 Sec. 98. Section 229A.5C, subsection 4, Code 2018, is 19 amended to read as follows: 20 4. A person who committed a public offense while in a 21 transitional release program or on release with or without 22 supervision may be returned to a secure facility operated by 23 the department of human services upon completion of any term 24 of confinement that resulted from the commission of the public 25 offense. 26 Sec. 99. Section 229A.6A, subsection 1, paragraph d, Code 27 2018, is amended to read as follows: 28 d. To a facility for placement or treatment in a 29 transitional release program or for release with or without 30 supervision. A transport order is not required under this 31 paragraph. 32 Sec. 100. Section 229A.7, subsection 7, Code 2018, is 33 amended to read as follows: 34 7. The control, care, and treatment of a person determined 35 -80- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 80/ 112
to be a sexually violent predator shall be provided at a 1 facility operated by the department of human services. At all 2 times prior to placement in a transitional release program 3 or release with or without supervision, persons committed 4 for control, care, and treatment by the department of human 5 services pursuant to this chapter shall be kept in a secure 6 facility and those patients shall be segregated at all times 7 from any other patient under the supervision of the department 8 of human services. A person committed pursuant to this chapter 9 to the custody of the department of human services may be kept 10 in a facility or building separate from any other patient 11 under the supervision of the department of human services. 12 The department of human services may enter into a chapter 13 28E agreement with the department of corrections or other 14 appropriate agency in this state or another state for the 15 confinement of patients who have been determined to be sexually 16 violent predators. Patients who are in the custody of the 17 director of the department of corrections pursuant to a chapter 18 28E agreement and who have not been placed in a transitional 19 release program or released with or without supervision shall 20 be housed and managed separately from criminal offenders in 21 the custody of the director of the department of corrections, 22 and except for occasional instances of supervised incidental 23 contact, shall be segregated from those offenders. 24 Sec. 101. Section 229A.8B, subsection 3, Code 2018, is 25 amended to read as follows: 26 3. Upon the return of the committed person to a secure 27 facility, the director of human services or the director’s 28 designee shall notify the court that issued the ex parte order 29 that the absconder has been returned to a secure facility, and 30 the court shall set a hearing within five days to determine if 31 a violation occurred. If a court order was not issued, the 32 director or the director’s designee shall contact the nearest 33 district court with jurisdiction to set a hearing to determine 34 whether a violation of the rules or directives occurred. The 35 -81- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 81/ 112
court shall schedule a hearing within five days of after 1 receiving notice that the committed person has been returned 2 from the transitional release program to a secure facility. 3 Sec. 102. Section 229A.9A, Code 2018, is amended to read as 4 follows: 5 229A.9A Release with or without supervision. 6 1. In any proceeding under section 229A.8 , the court may 7 order the committed person released with or without supervision 8 if any of the following apply: 9 a. The attorney general stipulates to the release with or 10 without supervision. 11 b. The court or jury has determined that the person should 12 be discharged released from the program a secure facility or 13 a transitional release program , but the court has determined 14 the person suffers from a mental abnormality and it is in the 15 best interest of the community to order release with or without 16 supervision before the committed person is discharged. 17 2. If release with or without supervision is ordered, the 18 department of human services shall prepare within sixty days of 19 the order of the court a release plan addressing the person’s 20 needs for counseling, medication, community support services, 21 residential services, vocational services, alcohol or other 22 drug abuse treatment, sex offender treatment, or any other 23 treatment or supervision necessary. 24 3. The court shall set a hearing on the release plan 25 prepared by the department of human services before the 26 committed person is released from a secure facility or a 27 transitional release program. 28 4. If the court orders release with supervision, the court 29 shall order supervision by an agency with jurisdiction that 30 is familiar with the placement of criminal offenders in the 31 community. The agency with jurisdiction shall be responsible 32 for initiating proceedings for violations of the release plan 33 as provided in section 229A.9B . If the court orders release 34 without supervision, the agency with jurisdiction shall also be 35 -82- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 82/ 112
responsible for initiating proceedings for any violations of 1 the release plan as provided in section 229A.9B . 2 5. A committed person may not petition the court for release 3 with or without supervision. 4 6. A committed person released with or without supervision 5 is not considered discharged from civil commitment under this 6 chapter . 7 7. After being released with or without supervision, the 8 person may petition the court for discharge as provided in 9 section 229A.8 . 10 8. The court shall retain jurisdiction over the committed 11 person who has been released with or without supervision until 12 the person is discharged from the program. The department 13 of human services or a judicial district department of 14 correctional services shall not be held liable for any acts 15 committed by a committed person who has been ordered released 16 with or without supervision. 17 Sec. 103. Section 229A.9B, Code 2018, is amended to read as 18 follows: 19 229A.9B Violations of release with or without supervision. 20 1. If a committed person violates the release plan, the 21 agency with jurisdiction over the person may request the 22 district court to issue an emergency ex parte order directing 23 any law enforcement officer to take the person into custody 24 so that the person can be returned to a secure facility. 25 The request for an ex parte order may be made orally or by 26 telephone, but the original written request or a facsimile copy 27 of the request shall be filed with the clerk of court no later 28 than 4:30 p.m. on the next business day the office of the clerk 29 of court is open. 30 2. If a committed person has absconded in violation of the 31 conditions of the person’s release plan, a presumption arises 32 that the person poses a risk to public safety. The department 33 of human services or contracting agency, in cooperation with 34 local law enforcement agencies, may make a public announcement 35 -83- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 83/ 112
about the absconder. The public announcement may include a 1 description of the committed person, that the committed person 2 is on release with or without supervision from the sexually 3 violent predator program, and any other information pertinent 4 to public safety. 5 3. Upon the return of the committed person to a secure 6 facility, the director of human services or the director’s 7 designee shall notify the court that issued the ex parte 8 order that the committed person has been returned to a secure 9 facility, and the court shall set hearing within five days to 10 determine if a violation occurred. If a court order was not 11 issued, the director or the director’s designee shall contact 12 the nearest district court with jurisdiction to set a hearing 13 to determine whether a violation of the conditions of the 14 release plan occurred. The court shall schedule a hearing 15 within five days of after receiving notice that the committed 16 person has been returned to a secure facility. 17 4. At the hearing, the burden shall be upon the attorney 18 general to show by a preponderance of the evidence that a 19 violation of the release plan occurred. 20 5. If the court determines a violation occurred, the court 21 shall receive release recommendations from the department of 22 human services and either order that the committed person be 23 returned to release with or without supervision or placed 24 in a transitional release program, or be confined in a 25 secure facility. The court may impose further conditions 26 upon the committed person if returned to release with or 27 without supervision or placed in the transitional release 28 program. If the court determines no violation occurred, the 29 committed person shall be returned to release with or without 30 supervision. 31 Sec. 104. Section 232.68, subsection 2, paragraph a, 32 subparagraph (3), Code 2018, is amended to read as follows: 33 (3) The commission of a sexual offense with or to a child 34 pursuant to chapter 709 , section 726.2 , or section 728.12, 35 -84- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 84/ 112
subsection 1 , as a result of the acts or omissions of the 1 person responsible for the care of the child or of a person who 2 is fourteen years of age or older and resides in a home with 3 the child. Notwithstanding section 702.5 , the commission of 4 a sexual offense under this subparagraph includes any sexual 5 offense referred to in this subparagraph with or to a person 6 under the age of eighteen years. 7 Sec. 105. Section 232.68, subsection 2, paragraph a, 8 subparagraph (9), Code 2018, is amended to read as follows: 9 (9) (a) Knowingly A person who is responsible for the 10 care of a child knowingly allowing a person another person 11 custody or of, control of over , or unsupervised access to a 12 child or minor child under the age of fourteen or a child with 13 a physical or mental disability , after knowing the person 14 other person is required to register or is on the sex offender 15 registry under chapter 692A for a violation of section 726.6 . 16 (b) This subparagraph does not apply in any of the following 17 circumstances: 18 (i) A child living with a parent or guardian who is a sex 19 offender required to register or on the sex offender registry 20 under chapter 692A. 21 (ii) A child living with a parent or guardian who is married 22 to and living with a sex offender required to register or on 23 the sex offender registry under chapter 692A. 24 (iii) A child who is a sex offender required to register or 25 on the sex offender registry under chapter 692A who is living 26 with the child’s parent, guardian, or foster parent and is also 27 living with the child to whom access was allowed. 28 (c) For purposes of this subparagraph, “control over” means 29 any of the following: 30 (i) A person who has accepted, undertaken, or assumed 31 supervision of a child from the parent or guardian of the 32 child. 33 (ii) A person who has undertaken or assumed temporary 34 supervision of a child without explicit consent from the parent 35 -85- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 85/ 112
or guardian of the child. 1 Sec. 106. Section 901A.2, subsection 6, Code 2018, is 2 amended to read as follows: 3 6. A person who has been placed in a transitional release 4 program, released with or without supervision, or discharged 5 pursuant to chapter 229A , and who is subsequently convicted of 6 a sexually predatory offense or a sexually violent offense, 7 shall be sentenced to life in prison on the same terms as 8 a class “A” felon under section 902.1 , notwithstanding any 9 other provision of the Code to the contrary. The terms and 10 conditions applicable to sentences for class “A” felons under 11 chapters 901 through 909 shall apply to persons sentenced under 12 this subsection . However, if the person commits a sexually 13 violent offense which is a misdemeanor offense under chapter 14 709 , the person shall be sentenced to life in prison, with 15 eligibility for parole as provided in chapter 906 . 16 DIVISION XVII 17 MEDICAID RETROACTIVE ELIGIBILITY 18 Sec. 107. 2017 Iowa Acts, chapter 174, section 12, 19 subsection 15, paragraph a, subparagraph (7), is amended to 20 read as follows: 21 (7) (a) Elimination of the three-month retroactive 22 Medicaid coverage benefit for Medicaid applicants effective 23 October 1, 2017. The department shall seek a waiver from 24 the centers for Medicare and Medicaid services of the United 25 States department of health and human services to implement 26 the strategy. If federal approval is received, an applicant’s 27 Medicaid coverage shall be effective on the first day of the 28 month of application, as allowed under the Medicaid state plan. 29 (b) Effective July 1, 2018, a three-month retroactive 30 Medicaid coverage benefit shall apply to a Medicaid applicant 31 who is otherwise Medicaid-eligible and is a resident of a 32 nursing facility licensed under chapter 135C. The department 33 shall seek federal approval for any Medicaid waiver or state 34 plan amendment necessary to implement this subparagraph (b). 35 -86- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 86/ 112
Sec. 108. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 DIVISION XVIII 3 MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER OF FUNDS 4 Sec. 109. MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER 5 OF FUNDS. Notwithstanding section 331.432, a county with a 6 population of over 300,000 based on the most recent federal 7 decennial census, may transfer funds from any other fund of the 8 county to the mental health and disability regional services 9 fund for the purposes of providing mental health and disability 10 services for the fiscal year beginning July 1, 2018, and 11 ending June 30, 2019. The county shall submit a report to 12 the governor and the general assembly by September 1, 2019, 13 including the source of any funds transferred, the amount of 14 the funds transferred, and the mental health and disability 15 services provided with the transferred funds. 16 DIVISION XIX 17 MISCELLANEOUS TECHNICAL PROVISIONS 18 Sec. 110. Section 135.15, Code 2018, is amended to read as 19 follows: 20 135.15 Oral and health delivery system bureau established —— 21 responsibilities. 22 An oral and health delivery system bureau is established 23 within the division of health promotion and chronic disease 24 prevention of the department. The bureau shall be responsible 25 for all of the following: 26 1. Providing population-based oral health services, 27 including public health training, improvement of dental support 28 systems for families, technical assistance, awareness-building 29 activities, and educational services, at the state and local 30 level to assist Iowans in maintaining optimal oral health 31 throughout all stages of life. 32 2. Performing infrastructure building and enabling services 33 through the administration of state and federal grant programs 34 targeting access improvement, prevention, and local oral 35 -87- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 87/ 112
health programs utilizing maternal and child health programs, 1 Medicaid, and other new or existing programs. 2 3. Leveraging federal, state, and local resources for 3 programs under the purview of the bureau. 4 4. Facilitating ongoing strategic planning and application 5 of evidence-based research in oral health care policy 6 development that improves oral health care access and the 7 overall oral health of all Iowans. 8 5. Developing and implementing an ongoing oral health 9 surveillance system for the evaluation and monitoring of 10 the oral health status of children and other underserved 11 populations. 12 6. Facilitating the provision of oral health services 13 through dental homes. For the purposes of this section, 14 “dental home” means a network of individualized care based on 15 risk assessment, which includes oral health education, dental 16 screenings, preventive services, diagnostic services, treatment 17 services, and emergency services. 18 Sec. 111. Section 135.175, subsection 1, paragraph a, Code 19 2018, is amended to read as follows: 20 a. A health care workforce support initiative is established 21 to provide for the coordination and support of various efforts 22 to address the health care workforce shortage in this state. 23 This initiative shall include the medical residency training 24 state matching grants program created in section 135.176 , 25 the nurse residency state matching grants program created in 26 section 135.178, and the fulfilling Iowa’s need for dentists 27 matching grant program created in section 135.179 . 28 Sec. 112. Section 135.175, subsection 5, Code 2018, is 29 amended by adding the following new paragraph: 30 NEW PARAGRAPH . b. The nurse residency state matching grants 31 program account. The nurse residency state matching grants 32 program account shall be under the control of the department 33 and the moneys in the account shall be used for the purposes of 34 the nurse residency state matching grants program as specified 35 -88- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 88/ 112
in section 135.178. Moneys in the account shall consist of 1 moneys appropriated or allocated for deposit in or received 2 by the fund or the account and specifically dedicated to the 3 nurse residency state matching grants program account for the 4 purposes of such account. 5 Sec. 113. Section 135.175, subsection 6, paragraph a, Code 6 2018, is amended to read as follows: 7 a. Moneys in the fund and the accounts in the fund shall 8 only be appropriated in a manner consistent with the principles 9 specified and the strategic plan developed pursuant to section 10 135.163 to support the medical residency training state 11 matching grants program, the nurse residency state matching 12 grants program, the fulfilling Iowa’s need for dentists 13 matching grant program, and to provide funding for state health 14 care workforce shortage programs as provided in this section . 15 DIVISION XX 16 STATE TRAINING SCHOOL —— ELDORA 17 Sec. 114. Section 233A.1, Code 2018, is amended to read as 18 follows: 19 233A.1 State training school —— Eldora and Toledo . 20 1. Effective January 1, 1992, a diagnosis and evaluation 21 center and other units are established at Eldora the 22 state training school to provide to court-committed 23 male juvenile delinquents a program which focuses upon 24 appropriate developmental skills, treatment, placements, and 25 rehabilitation. 26 2. The diagnosis and evaluation center which is used to 27 identify appropriate treatment and placement alternatives for 28 juveniles and any other units for juvenile delinquents which 29 are located at Eldora and the unit for juvenile delinquents at 30 Toledo shall together be known as the “state training school” . 31 For the purposes of this chapter “director” means the director 32 of human services and “superintendent” means the administrator 33 in charge of the diagnosis and evaluation center for juvenile 34 delinquents and other units at Eldora and the unit for juvenile 35 -89- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 89/ 112
delinquents at Toledo the state training school . 1 3. The number of children present at any one time at the 2 state training school at Eldora shall not exceed the population 3 guidelines established under 1990 Iowa Acts, ch. 1239, §21 , as 4 adjusted for subsequent changes in the capacity at the training 5 school. 6 Sec. 115. Section 233A.14, Code 2018, is amended to read as 7 follows: 8 233A.14 Transfers to other institutions. 9 The administrator may transfer to the schools state training 10 school minor wards of the state from any institution under the 11 administrator’s charge but no person shall be so transferred 12 who is mentally ill or has an intellectual disability. Any 13 child in the schools state training school who is mentally ill 14 or has an intellectual disability may be transferred by the 15 administrator to the proper state institution. 16 Sec. 116. Section 915.29, subsection 1, unnumbered 17 paragraph 1, Code 2018, is amended to read as follows: 18 The department of human services shall notify a registered 19 victim regarding a juvenile adjudicated delinquent for a 20 violent crime, committed to the custody of the department of 21 human services, and placed at the state training school at 22 Eldora or Toledo , of the following: 23 DIVISION XXI 24 GERIATRIC PATIENT HOUSING REVIEW 25 Sec. 117. GERIATRIC PATIENT HOUSING REVIEW. 26 1. During the 2018 legislative interim, the department 27 on aging and the departments of human services, inspections 28 and appeals, and corrections, cooperatively, shall review 29 issues and develop policy recommendations relating to housing 30 for geriatric persons, including geriatric individuals 31 who are registered on the sex offender registry or who are 32 sexually aggressive. The review shall address all aspects 33 of the issue including the feasibility of private entities 34 utilizing facilities located at Mount Pleasant, Clarinda, 35 -90- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 90/ 112
or other vacant, state-owned facilities to care for such 1 geriatric persons; related workforce recruitment and training; 2 requirements that a facility must meet in order to receive 3 Medicaid reimbursement; and any other information or issues 4 deemed appropriate by the agencies. 5 2. The agencies shall submit a joint report with 6 recommendations to the governor and general assembly by 7 December 15, 2018. 8 DIVISION XXII 9 DISTRIBUTION OF FEDERAL FUNDS —— RESTRICTIONS —— ABORTION 10 Sec. 118. DISTRIBUTION OF FEDERAL PUBLIC HEALTH SERVICES 11 ACT FUNDS FOR FAMILY PLANNING. 12 1. The department of public health shall annually apply 13 to the United States department of health and human services 14 for grant funding under Tit. X of the federal Public Health 15 Services Act, 42 U.S.C. §300 et seq. The department shall 16 distribute all grant funding received to applicants in the 17 following order of priority: 18 a. Public entities that provide family planning services 19 including state, county, or local community health clinics and 20 federally qualified health centers. 21 b. Nonpublic entities that, in addition to family planning 22 services, provide required primary health services as described 23 in 42 U.S.C. §254b(b)(1)(A). 24 c. Nonpublic entities that provide family planning 25 services but do not provide required primary health services as 26 described in 42 U.S.C. §254b(b)(1)(A). 27 2. Distribution of funds under this section shall be made in 28 a manner that continues access to family planning services. 29 3. Distribution of funds shall not be made to any entity 30 that performs abortions or that maintains or operates a 31 facility where abortions are performed. For the purposes of 32 this section, “abortion” does not include any of the following: 33 a. The treatment of a woman for a physical disorder, 34 physical injury, or physical illness, including a 35 -91- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 91/ 112
life-endangering physical condition caused by or arising from 1 the pregnancy itself, that would, as certified by a physician, 2 place the woman in danger of death. 3 b. The treatment of a woman for a spontaneous abortion, 4 commonly known as a miscarriage. 5 3A. a. For the purposes of this section, an entity that 6 performs abortions or that maintains or operates a facility 7 where abortions are performed shall not be interpreted to 8 include a nonpublic entity that is a distinct location of 9 a nonprofit health care delivery system, if the distinct 10 location provides family planning services but does not perform 11 abortions or maintain or operate as a facility where abortions 12 are performed. 13 b. The department of public health shall adopt rules 14 pursuant to chapter 17A to require that as a condition of 15 receiving funds under this section, each distinct location of 16 a nonprofit health care delivery system shall apply for and 17 be awarded funds as a separate provider, shall be assigned a 18 distinct provider identification number, and shall complete an 19 attestation that abortions are not performed at the distinct 20 location. 21 c. For the purposes of this section, “nonprofit health 22 care delivery system” means an Iowa nonprofit corporation 23 that controls, directly or indirectly, a regional health 24 care network consisting of hospital facilities and various 25 ambulatory and clinic locations that provide a range of 26 primary, secondary, and tertiary inpatient, outpatient, and 27 physician services. 28 4. Funds distributed in accordance with this section shall 29 not be used for direct or indirect costs, including but not 30 limited to administrative costs or expenses, overhead, employee 31 salaries, rent, and telephone and other utility costs, related 32 to providing abortions as specified in this section. 33 5. The department of public health shall submit a report to 34 the governor and the general assembly, annually by January 1, 35 -92- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 92/ 112
listing any entities that received funds pursuant to subsection 1 1, paragraph “c”, and the amount and type of funds received by 2 such entities during the preceding calendar year. The report 3 shall provide a detailed explanation of how the department 4 determined that distribution of funds to such an entity, 5 instead of to an entity described in subsection 1, paragraph 6 “a” or “b”, was necessary to prevent severe limitation or 7 elimination of access to family planning services in the region 8 of the state where the entity is located. 9 Sec. 119. ADMINISTRATION OF PERSONAL RESPONSIBILITY 10 EDUCATION PROGRAM AND ABSTINENCE EDUCATION GRANT PROGRAM 11 FUNDS. Any project period entered into on or after July 1, 12 2018, by the department of public health to administer the 13 personal responsibility education program as specified in 14 42 U.S.C. §713 or to administer the abstinence education 15 grant program authorized pursuant to section 510 of Tit. 16 V of the federal Social Security Act, shall exclude as 17 an eligible applicant any applicant entity that provides 18 abortions, maintains or operates a facility where abortions 19 are performed, or regularly makes referrals to an entity that 20 provides abortions or maintains or operates a facility where 21 abortions are performed. For the purposes of this section, 22 such referrals include but are not limited to referrals made by 23 reference to an internet site or by linking to an internet site 24 maintained by an entity that provides abortions or maintains or 25 operates a facility where abortions are performed. 26 Sec. 120. AWARD OF COMMUNITY ADOLESCENT PREGNANCY 27 PREVENTION AND SERVICES PROGRAM GRANT FUNDS. Any project 28 period entered into on or after July 1, 2018, by the department 29 of human services to award a community adolescent pregnancy 30 prevention and services program grant using federal temporary 31 assistance for needy families block grant funds appropriated 32 to the department shall exclude as an eligible applicant any 33 applicant entity that provides abortions, maintains or operates 34 a facility where abortions are performed, or regularly makes 35 -93- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 93/ 112
referrals to an entity that provides abortions or maintains or 1 operates a facility where abortions are performed. For the 2 purposes of this section, such referrals include but are not 3 limited to referrals made by reference to an internet site or 4 by linking to an internet site maintained by an entity that 5 provides abortions or maintains or operates a facility where 6 abortions are performed. 7 DIVISION XXIII 8 WRONGFUL BIRTH OR WRONGFUL LIFE CAUSE OF ACTION 9 Sec. 121. NEW SECTION . 613.15B Wrongful birth or wrongful 10 life cause of action —— prohibitions —— exceptions. 11 1. A cause of action shall not arise and damages shall not 12 be awarded, on behalf of any person, based on a wrongful birth 13 claim that, but for an act or omission of the defendant, a 14 child would not or should not have been born. 15 2. A cause of action shall not arise and damages shall not 16 be awarded, on behalf of any person, based on a wrongful life 17 claim that, but for an act or omission of the defendant, the 18 person bringing the action would not or should not have been 19 born. 20 3. The prohibitions specified in this section apply to any 21 claim regardless of whether the child is born healthy or with a 22 birth defect or disorder or other adverse medical condition. 23 However, the prohibitions specified in this section shall not 24 apply to any of the following: 25 a. A civil action for damages for an intentional or grossly 26 negligent act or omission, including any act or omission that 27 constitutes a public offense. 28 b. A civil action for damages for the intentional failure 29 of a physician to comply with the duty imposed by licensure 30 pursuant to chapter 148 to provide a patient with all 31 information reasonably necessary to make decisions about a 32 pregnancy. 33 Sec. 122. EFFECTIVE DATE. This division of this Act, being 34 deemed of immediate importance, takes effect upon enactment. 35 -94- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 94/ 112
Sec. 123. APPLICABILITY. This division of this Act applies 1 on or after the effective date of this division of this Act to 2 causes of action that accrue on or after that date. A cause of 3 action that accrues before the effective date of this division 4 of this Act is governed by the law in effect prior to the 5 effective date of this division of this Act. 6 DIVISION XXIV 7 TRANSFERS OF FUNDS BETWEEN DHS INSTITUTIONS 8 Sec. 124. Section 218.6, Code 2018, is amended to read as 9 follows: 10 218.6 Transfer of appropriations made to institutions. 11 1. Notwithstanding section 8.39, subsection 1 , without the 12 prior written consent and approval of the governor and the 13 director of the department of management, the director of human 14 services may transfer funds between the appropriations made for 15 the institutions, listed as follows: 16 1. a. The state resource centers. 17 2. b. The state mental health institutes. 18 3. c. The state training school. 19 4. d. The civil commitment unit for sexual offenders. 20 2. The department shall report any transfer made pursuant 21 to subsection 1 during a fiscal quarter to the legislative 22 services agency within thirty days of the beginning of the 23 subsequent fiscal quarter. 24 DIVISION XXV 25 MEDICAL CANNABIDIOL 26 Sec. 125. Section 124E.7, subsections 7 and 8, Code 2018, 27 are amended to read as follows: 28 7. A medical cannabidiol manufacturer shall not employ 29 a person who is under eighteen years of age or who has been 30 convicted of a disqualifying felony offense. An employee 31 of a medical cannabidiol manufacturer shall be subject to a 32 background investigation conducted by the division of criminal 33 investigation of the department of public safety and a national 34 criminal history background check pursuant to section 124E.19 . 35 -95- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 95/ 112
8. A medical cannabidiol manufacturer owner shall not have 1 been convicted of a disqualifying felony offense and shall be 2 subject to a background investigation conducted by the division 3 of criminal investigation of the department of public safety 4 and a national criminal history background check pursuant to 5 section 124E.19 . 6 Sec. 126. Section 124E.9, subsections 7 and 8, Code 2018, 7 are amended to read as follows: 8 7. A medical cannabidiol dispensary shall not employ a 9 person who is under eighteen years of age or who has been 10 convicted of a disqualifying felony offense. An employee 11 of a medical cannabidiol dispensary shall be subject to a 12 background investigation conducted by the division of criminal 13 investigation of the department of public safety and a national 14 criminal history background check pursuant to section 124E.19 . 15 8. A medical cannabidiol dispensary owner shall not have 16 been convicted of a disqualifying felony offense and shall be 17 subject to a background investigation conducted by the division 18 of criminal investigation of the department of public safety 19 and a national criminal history background check pursuant to 20 section 124E.19 . 21 Sec. 127. Section 124E.10, Code 2018, is amended by striking 22 the section and inserting in lieu thereof the following: 23 124E.10 Fees. 24 All fees collected by the department under this chapter 25 shall be retained by the department for operation of the 26 medical cannabidiol registration card program and the medical 27 cannabidiol manufacturer and medical cannabidiol dispensary 28 licensing programs. The moneys retained by the department 29 shall be considered repayment receipts as defined in section 30 8.2 and shall be used for any of the department’s duties 31 under this chapter, including but not limited to the addition 32 of full-time equivalent positions for program services and 33 investigations. Notwithstanding section 8.33, moneys retained 34 by the department pursuant to this section shall not revert to 35 -96- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 96/ 112
the general fund of the state but shall remain available for 1 expenditure only for the purposes specified in this section. 2 Sec. 128. NEW SECTION . 124E.19 Background investigations. 3 1. The division of criminal investigation of the 4 department of public safety shall conduct thorough 5 background investigations for the purposes of licensing 6 medical cannabidiol manufacturers and medical cannabidiol 7 dispensaries under this chapter. The results of any background 8 investigation conducted pursuant to this section shall be 9 presented to the department. 10 a. An applicant for a medical cannabidiol manufacturer 11 license or a medical cannabidiol dispensary license and their 12 owners, investors, and employees shall submit all required 13 information on a form prescribed by the department of public 14 safety. 15 b. The department shall charge an applicant for a medical 16 cannabidiol manufacturer license or a medical cannabidiol 17 dispensary license a fee determined by the department of public 18 safety and adopted by the department by rule to defray the 19 costs associated with background investigations conducted 20 pursuant to the requirements of this section. The fee shall 21 be in addition to any other fees charged by the department. 22 The fee may be retained by the department of public safety and 23 shall be considered repayment receipts as defined in section 24 8.2. 25 2. The department shall require an applicant for a medical 26 cannabidiol manufacturer license or a medical cannabidiol 27 dispensary license, their owners and investors, and applicants 28 for employment at a medical cannabidiol manufacturer or 29 medical cannabidiol dispensary to submit fingerprints and other 30 required identifying information to the department on a form 31 prescribed by the department of public safety. The department 32 shall submit the fingerprint cards and other identifying 33 information to the division of criminal investigation of the 34 department of public safety for submission to the federal 35 -97- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 97/ 112
bureau of investigation for the purpose of conducting a 1 national criminal history record check. The department may 2 require employees and contractors involved in carrying out 3 a background investigation to submit fingerprints and other 4 identifying information for the same purpose. 5 3. The department may enter into a chapter 28E agreement 6 with the department of public safety to meet the requirements 7 of this section. 8 4. An applicant for a medical cannabidiol manufacturer 9 license or a medical cannabidiol dispensary license shall 10 submit information and fees required by this section at the 11 time of application. 12 5. The results of background investigations conducted 13 pursuant to this section shall not be considered public records 14 under chapter 22. 15 Sec. 129. EFFECTIVE UPON ENACTMENT. This division of this 16 Act, being deemed of immediate importance, takes effect upon 17 enactment. 18 DIVISION XXVI 19 DEPARTMENT OF HUMAN SERVICES PROGRAMS AND ACTIVITIES 20 INMATES OF PUBLIC INSTITUTIONS —— MEDICAID 21 Sec. 130. Section 249A.38, Code 2018, is amended to read as 22 follows: 23 249A.38 Inmates of public institutions —— suspension or 24 termination of medical assistance. 25 1. The following conditions shall apply to Following the 26 first thirty days of commitment, the department shall suspend 27 the eligibility of an individual who is an inmate of a public 28 institution as defined in 42 C.F.R. §435.1010 , who is enrolled 29 in the medical assistance program at the time of commitment to 30 the public institution, and who remains eligible for medical 31 assistance as an individual except for the individual’s 32 institutional status : 33 a. The department shall suspend the individual’s 34 eligibility for up to the initial twelve months of the period 35 -98- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 98/ 112
of commitment. The department shall delay the suspension 1 of eligibility for a period of up to the first thirty days 2 of commitment if such delay is approved by the centers for 3 Medicare and Medicaid services of the United States department 4 of health and human services. If such delay is not approved, 5 the department shall suspend eligibility during the entirety 6 of the initial twelve months of the period of commitment. 7 Claims submitted on behalf of the individual under the medical 8 assistance program for covered services provided during the 9 delay period shall only be reimbursed if federal financial 10 participation is applicable to such claims. 11 b. The department shall terminate an individual’s 12 eligibility following a twelve-month period of suspension 13 of the individual’s eligibility under paragraph “a” , during 14 the period of the individual’s commitment to the public 15 institution . 16 2. a. A public institution shall provide the department and 17 the social security administration with a monthly report of the 18 individuals who are committed to the public institution and of 19 the individuals who are discharged from the public institution. 20 The monthly report to the department shall include the date 21 of commitment or the date of discharge, as applicable, of 22 each individual committed to or discharged from the public 23 institution during the reporting period. The monthly report 24 shall be made through the reporting system created by the 25 department for public, nonmedical institutions to report inmate 26 populations. Any medical assistance expenditures, including 27 but not limited to monthly managed care capitation payments, 28 provided on behalf of an individual who is an inmate of a 29 public institution but is not reported to the department 30 in accordance with this subsection, shall be the financial 31 responsibility of the respective public institution. 32 b. The department shall provide a public institution with 33 the forms necessary to be used by the individual in expediting 34 restoration of the individual’s medical assistance benefits 35 -99- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 99/ 112
upon discharge from the public institution. 1 3. This section applies to individuals as specified in 2 subsection 1 on or after January 1, 2012. 3 4. 3. The department may adopt rules pursuant to chapter 4 17A to implement this section. 5 MEDICAID PROGRAM ADMINISTRATION 6 Sec. 131. MEDICAID PROGRAM ADMINISTRATION. 7 1. PROVIDER PROCESSES AND PROCEDURES. 8 a. When all of the required documents and other information 9 necessary to process a claim have been received by a managed 10 care organization, the managed care organization shall 11 either provide payment to the claimant within the timelines 12 specified in the managed care contract or, if the managed 13 care organization is denying the claim in whole or in part, 14 shall provide notice to the claimant including the reasons for 15 such denial consistent with national industry best practice 16 guidelines. 17 b. A managed care organization shall correct any identified 18 system configuration error within a reasonable time frame 19 approved by the department, and shall fully and accurately 20 reprocess claims affected by such errors within thirty days 21 of the successful system correction. The department shall 22 define “system configuration error” as appropriate to include 23 errors in provider data caused by a managed care organization 24 or improper claims edits that result in incorrect payments to 25 providers. 26 c. A managed care organization shall provide written notice 27 to affected individuals at least sixty days prior to making 28 any program or procedural change, as determined necessary by 29 the department. The department shall develop and distribute a 30 list of the types of changes that require the sixty-day notice 31 to the managed care organizations effective July 1, 2018. 32 Such changes may include but are not limited to billing and 33 collection provisions, provider network provisions, member or 34 provider services, and prior authorization requirements. 35 -100- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 100/ 112
d. The department of human services shall engage dedicated 1 provider relations staff to assist Medicaid providers in 2 resolving billing conflicts with managed care organizations 3 including those involving denied claims, technical omissions, 4 or incomplete information. If the provider relations staff 5 observe trends evidencing fraudulent claims or improper 6 reimbursement, the staff shall forward such evidence to the 7 department of human services for further review. 8 e. The department of human services shall adopt rules 9 pursuant to chapter 17A to require the inclusion by a managed 10 care organization of advanced registered nurse practitioners 11 and physician assistants as primary care providers for the 12 purposes of population health management. 13 f. The department of human services shall provide for the 14 development and shall require the use of standardized Medicaid 15 provider enrollment forms to be used by the department and 16 uniform Medicaid provider credentialing specifications to be 17 used by managed care organizations. 18 2. MEMBER SERVICES AND PROCESSES. 19 a. If a Medicaid member is receiving court-ordered services 20 or treatment for a substance-related disorder pursuant to 21 chapter 125 or for a mental illness pursuant to chapter 229, 22 such services or treatment shall be provided and reimbursed 23 for an initial period of three days before a managed care 24 organization may apply medical necessity criteria to determine 25 the most appropriate services, treatment, or placement for the 26 Medicaid member. 27 b. The department of human services shall maintain and 28 update Medicaid member eligibility files in a timely manner 29 consistent with national industry best practices. 30 c. The department of human services shall utilize an 31 independent, external quality review vendor to complete a 32 review of a random case sample of decreased level of care 33 determinations using national best practices to ensure that 34 appropriate medically necessary services are provided to 35 -101- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 101/ 112
meet Medicaid member needs. The department shall report the 1 findings of the review to the governor and the general assembly 2 by December 15, 2018, including any plan necessary to address 3 the findings. 4 d. The department of human services, on an annual basis, 5 shall conduct an analysis of all Medicaid member appeals that 6 have been dismissed, withdrawn, or overturned to determine 7 if there are any negative patterns or trends based on the 8 analysis. The services of any member whose appeal is subject 9 to the analysis shall continue for the period during which an 10 interdisciplinary team conducts a new assessment to determine 11 which services are medically necessary for that member, which 12 period shall not exceed ninety days. A report of the analysis 13 and findings shall be submitted to the governor and the general 14 assembly on a biannual basis and the department shall develop a 15 plan as necessary to address any negative patterns or trends 16 identified by the analysis. 17 3. MEDICAID PROGRAM REVIEW AND OVERSIGHT. 18 a. (1) The department of human services shall facilitate a 19 workgroup, in collaboration with representatives of the managed 20 care organizations and health home providers, to review the 21 health home programs. The review shall include all of the 22 following: 23 (a) An analysis of the state plan amendments applicable to 24 health homes. 25 (b) An analysis of the current health home system, including 26 the rationale for any recommended changes. 27 (c) The development of a clear and consistent delivery 28 model linked to program-determined outcomes and data reporting 29 requirements. 30 (d) A work plan to be used in communicating with 31 stakeholders regarding the administration and operation of the 32 health home programs. 33 (2) The department of human services shall submit a 34 report of the workgroup’s findings, recommendations, and 35 -102- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 102/ 112
any actions taken by December 15, 2018, to the governor and 1 to the Eighty-eighth General Assembly, 2019 session, for 2 consideration. 3 (3) The workgroup and the workgroup’s activities shall 4 not affect the department’s authority to apply or enforce the 5 Medicaid state plan amendment relative to health homes. 6 b. The department of human services, in collaboration 7 with Medicaid providers and managed care organizations, shall 8 initiate a review process to determine the effectiveness of 9 prior authorizations used by the managed care organizations 10 with the goal of making adjustments based on relevant 11 service costs and member outcomes data utilizing existing 12 industry-accepted standards. Prior authorization policies 13 shall comply with existing rules, guidelines, and procedures 14 developed by the centers for Medicare and Medicaid services of 15 the United States department of health and human services. 16 c. The department of human services shall enter into a 17 contract with an independent review organization to perform 18 an audit of a random sample of small dollar claims paid to 19 or denied Medicaid long-term services and supports providers 20 during the first quarter of the 2018 calendar year. The 21 department of human services shall submit a report of 22 the findings of the audit to the governor and the general 23 assembly by February 1, 2019. The department may take any 24 action specified in the managed care contract relative to 25 any claim the auditor determines to be incorrectly paid or 26 denied, subject to appeal by the managed care organization 27 to the director of human services. For the purposes of this 28 paragraph, “small dollar claims” means those claims less than 29 or equal to two thousand five hundred dollars. 30 MEDICAID PROGRAM PHARMACY COPAYMENT 31 Sec. 132. 2005 Iowa Acts, chapter 167, section 42, is 32 amended to read as follows: 33 SEC. 42. COPAYMENTS FOR PRESCRIPTION DRUGS UNDER THE 34 MEDICAL ASSISTANCE PROGRAM. The department of human services 35 -103- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 103/ 112
shall require recipients of medical assistance to pay the 1 following copayments a copayment of $1 on each prescription 2 filled for a covered prescription drug, including each refill 3 of such prescription , as follows: 4 1. A copayment of $1 on each prescription filled for each 5 covered nonpreferred generic prescription drug . 6 2. A copayment of $1 for each covered preferred brand–name 7 or generic prescription drug. 8 3. A copayment of $1 for each covered nonpreferred 9 brand–name prescription drug for which the cost to the state is 10 up to and including $25. 11 4. A copayment of $2 for each covered nonpreferred 12 brand–name prescription drug for which the cost to the state is 13 more than $25 and up to and including $50. 14 5. A copayment of $3 for each covered nonpreferred 15 brand–name prescription drug for which the cost to the state 16 is more than $50. 17 MEDICAL ASSISTANCE ADVISORY COUNCIL 18 Sec. 133. Section 249A.4B, subsection 2, paragraph a, 19 subparagraphs (27) and (28), Code 2018, are amended by striking 20 the subparagraphs. 21 Sec. 134. MEDICAL ASSISTANCE ADVISORY COUNCIL —— REVIEW OF 22 MEDICAID MANAGED CARE REPORT DATA. The executive committee 23 of the medical assistance advisory council shall review 24 the data collected and analyzed for inclusion in periodic 25 reports to the general assembly, including but not limited 26 to the information and data specified in 2016 Iowa Acts, 27 chapter 1139, section 93, to determine which data points and 28 information should be included and analyzed to more accurately 29 identify trends and issues with, and promote the effective and 30 efficient administration of, Medicaid managed care for all 31 stakeholders. At a minimum, the areas of focus shall include 32 consumer protection, provider network access and safeguards, 33 outcome achievement, and program integrity. The executive 34 committee shall report its findings and recommendations to the 35 -104- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 104/ 112
medical assistance advisory council for review and comment by 1 October 1, 2018, and shall submit a final report of findings 2 and recommendations to the governor and the general assembly by 3 December 31, 2018. 4 TARGETED CASE MANAGEMENT AND INPATIENT PSYCHIATRIC SERVICES 5 REIMBURSEMENT 6 Sec. 135. Section 249A.31, Code 2018, is amended to read as 7 follows: 8 249A.31 Cost-based reimbursement. 9 1. Providers of individual case management services for 10 persons with an intellectual disability, a developmental 11 disability, or chronic mental illness shall receive cost-based 12 reimbursement for one hundred percent of the reasonable 13 costs for the provision of the services in accordance with 14 standards adopted by the mental health and disability services 15 commission pursuant to section 225C.6 . Effective July 1, 2018, 16 targeted case management services shall be reimbursed based 17 on a statewide fee schedule amount developed by rule of the 18 department pursuant to chapter 17A. 19 2. Effective July 1, 2010 2014 , the department shall apply 20 a cost-based reimbursement methodology for reimbursement of 21 psychiatric medical institution for children providers of 22 inpatient psychiatric services for individuals under twenty-one 23 years of age shall be reimbursed as follows: 24 a. For non-state-owned providers, services shall be 25 reimbursed according to a fee schedule without reconciliation . 26 b. For state-owned providers, services shall be reimbursed 27 at one hundred percent of the actual and allowable cost of 28 providing the service. 29 DIVISION XXVII 30 PREAPPLICATION SCREENING ASSESSMENT 31 Sec. 136. Section 229.5A, Code 2018, is amended to read as 32 follows: 33 229.5A Preapplication screening assessment —— program. 34 Prior to filing an application pursuant to section 229.6 , 35 -105- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 105/ 112
the clerk of the district court or the clerk’s designee 1 shall inform the interested person referred to in section 2 229.6, subsection 1 , about the option of requesting a 3 preapplication screening assessment through a preapplication 4 screening assessment program, if available. The state court 5 administrator shall prescribe practices and procedures for 6 implementation of the preapplication screening assessment 7 program. 8 Sec. 137. Section 602.1209, subsection 16, Code 2018, is 9 amended to read as follows: 10 16. Prescribe practices and procedures for the 11 implementation of the preapplication screening assessment 12 program referred to in sections section 125.74 and 229.5A . 13 DIVISION XXVIII 14 COVERAGE OF BEHAVIORAL HEALTH SERVICES PROVIDED BY CERTAIN 15 PROVIDERS 16 Sec. 138. Section 249A.15, Code 2018, is amended to read as 17 follows: 18 249A.15 Licensed psychologists eligible for payment —— 19 provisional licensees . 20 1. The department shall adopt rules pursuant to chapter 21 17A entitling psychologists who are licensed pursuant to 22 chapter 154B and psychologists who are licensed in the state 23 where the services are provided and have a doctorate degree 24 in psychology, have had at least two years of clinical 25 experience in a recognized health setting, or have met the 26 standards of a national register of health service providers 27 in psychology, to payment for services provided to recipients 28 of medical assistance, subject to limitations and exclusions 29 the department finds necessary on the basis of federal laws and 30 regulations and of funds available for the medical assistance 31 program. The rules shall also provide that an individual, who 32 holds a provisional license to practice psychology pursuant 33 to section 154B.6, is entitled to payment under this section 34 for services provided to recipients of medical assistance, 35 -106- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 106/ 112
when such services are provided under the supervision of a 1 supervisor who meets the qualifications determined by the board 2 of psychology by rule, and claims for payment for such services 3 are submitted by the supervisor. 4 2. Entitlement to payment under this section is applicable 5 to services provided to recipients of medical assistance 6 under both the fee-for-service and managed care payment and 7 delivery systems. Neither the fee-for-service nor the managed 8 care payment and delivery system shall impose a practice 9 or supervision restriction which is inconsistent with or 10 more restrictive than the authority already granted by law, 11 including the authority to provide supervision in person or 12 remotely through electronic means as specified by rule of the 13 board of psychology. 14 Sec. 139. Section 249A.15A, Code 2018, is amended to read 15 as follows: 16 249A.15A Licensed marital and family therapists, licensed 17 master social workers, licensed mental health counselors, and 18 certified alcohol and drug counselors —— temporary licensees . 19 1. The department shall adopt rules pursuant to chapter 20 17A entitling marital and family therapists who are licensed 21 pursuant to chapter 154D to payment for behavioral health 22 services provided to recipients of medical assistance, subject 23 to limitations and exclusions the department finds necessary 24 on the basis of federal laws and regulations. The rules shall 25 also provide that a marital and family therapist, who holds 26 a temporary license to practice marital and family therapy 27 pursuant to section 154D.7, is entitled to payment under this 28 section for behavioral health services provided to recipients 29 of medical assistance, when such services are provided under 30 the supervision of a qualified supervisor as determined by the 31 board of behavioral science by rule, and claims for payment for 32 such services are submitted by the qualified supervisor. 33 2. The department shall adopt rules pursuant to chapter 34 17A entitling master social workers who hold a master’s 35 -107- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 107/ 112
degree approved by the board of social work, are licensed as 1 a master social worker pursuant to section 154C.3, subsection 2 1 , paragraph “b” , and provide treatment services under the 3 supervision of an independent social worker licensed pursuant 4 to section 154C.3, subsection 1 , paragraph “c” , to payment 5 for behavioral health services provided to recipients of 6 medical assistance, subject to limitations and exclusions the 7 department finds necessary on the basis of federal laws and 8 regulations. 9 3. The department shall adopt rules pursuant to chapter 17A 10 entitling mental health counselors who are licensed pursuant 11 to chapter 154D to payment for behavioral health services 12 provided to recipients of medical assistance, subject to 13 limitations and exclusions the department finds necessary on 14 the basis of federal laws and regulations. The rules shall 15 also provide that a mental health counselor, who holds a 16 temporary license to practice mental health counseling pursuant 17 to section 154D.7, is entitled to payment under this section 18 for behavioral health services provided to recipients of 19 medical assistance, when such services are provided under the 20 supervision of a qualified supervisor as determined by the 21 board of behavioral science by rule, and claims for payment for 22 such services are submitted by the qualified supervisor. 23 4. The department shall adopt rules pursuant to chapter 17A 24 entitling alcohol and drug counselors who are certified by the 25 nongovernmental Iowa board of substance abuse certification to 26 payment for behavioral health services provided to recipients 27 of medical assistance, subject to limitations and exclusions 28 the department finds necessary on the basis of federal laws and 29 regulations. 30 5. Entitlement to payment under this section is applicable 31 to services provided to recipients of medical assistance 32 under both the fee-for-service and managed care payment and 33 delivery systems. Neither the fee-for-service nor the managed 34 care payment and delivery system shall impose a practice 35 -108- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 108/ 112
or supervision restriction which is inconsistent with or 1 more restrictive than the authority already granted by law, 2 including the authority to provide supervision in person or 3 remotely through electronic means as specified by rule of the 4 applicable licensing board. 5 Sec. 140. NEW SECTION . 514C.32 Services provided by 6 certain licensed master social workers, licensed mental health 7 counselors, and licensed marital and family therapists. 8 1. Notwithstanding section 514C.6, a policy or contract 9 providing for third-party payment or prepayment of health or 10 medical expenses shall include a provision for the payment of 11 necessary behavioral health services provided by any of the 12 following: 13 a. A licensed master social worker who is licensed by the 14 board of social work as a master social worker pursuant to 15 section 154C.3, subsection 1, paragraph “b” , and who provides 16 services under the supervision of an independent social worker 17 licensed pursuant to section 154C.3, subsection 1, paragraph 18 “c” . 19 b. A licensed mental health counselor or a licensed 20 marital and family therapist who holds a temporary license to 21 practice mental health counseling or marital and family therapy 22 pursuant to section 154D.7, and who provides services under 23 the supervision of a qualified supervisor as determined by the 24 board of behavioral science by rule. 25 2. A policy or contract subject to this section shall 26 not impose a practice or supervision restriction which is 27 inconsistent with or more restrictive than the authority 28 already granted by law, including the authority to provide 29 supervision in person or remotely through electronic means as 30 specified by rule of the applicable licensing board. 31 3. The requirements of this section apply to and supersede 32 any conflicting requirements regarding services provided under 33 a policy or contract, which is delivered, issued for delivery, 34 continued, or renewed in this state on or after the effective 35 -109- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 109/ 112
date of this Act, and apply to and supersede any conflicting 1 requirements regarding services contained in an existing policy 2 or contract on the policy’s or contract’s anniversary or 3 renewal date, whichever is later. 4 4. For the purposes of this section, third-party payment or 5 prepayment includes an individual or group policy of accident 6 or health insurance or individual or group hospital or health 7 care service contract issued pursuant to chapter 509, 514, or 8 514A, an individual or group health maintenance organization 9 contract issued and regulated under chapter 514B, or a 10 preferred provider organization contract regulated pursuant to 11 chapter 514F. 12 5. Nothing in this section shall be interpreted to require 13 an individual or group health maintenance organization or a 14 preferred provider organization or arrangement to provide 15 payment or prepayment for services provided by a licensed 16 master social worker providing behavioral health services 17 under the supervision of an independent social worker, or to 18 a licensed mental health counselor or licensed marital and 19 family therapist who holds a temporary license to practice 20 mental health counseling or marital and family therapy 21 providing behavioral health services under the supervision of 22 a qualified supervisor, as specified in this section, unless 23 the supervising independent social worker or the qualified 24 supervisor, respectively, has entered into a contract or other 25 agreement to provide behavioral health services with the 26 individual or group health maintenance organization or the 27 preferred provider organization or arrangement. 28 Sec. 141. NEW SECTION . 514C.33 Services provided by 29 provisionally licensed psychologists. 30 1. Notwithstanding section 514C.6, a policy or contract 31 providing for third-party payment or prepayment of health or 32 medical expenses shall include a provision for the payment of 33 necessary behavioral health services provided by a person who 34 holds a provisional license to practice psychology pursuant to 35 -110- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 110/ 112
section 154B.6, and who practices under the supervision of a 1 supervisor who meets the qualifications determined by the board 2 of psychology by rule. 3 2. A policy or contract subject to this section shall 4 not impose a practice or supervision restriction which is 5 inconsistent with or more restrictive than the authority 6 already granted by law, including the authority to provide 7 supervision in person or remotely through electronic means as 8 specified by rule of the board of psychology. 9 3. The requirements of this section apply to and supersede 10 any conflicting requirements regarding services provided under 11 a policy or contract which is delivered, issued for delivery, 12 continued, or renewed in this state on or after the effective 13 date of this Act, and apply to and supersede any conflicting 14 requirements regarding services contained in an existing policy 15 or contract on the policy’s or contract’s anniversary or 16 renewal date, whichever is later. 17 4. For the purposes of this section, third-party payment or 18 prepayment includes an individual or group policy of accident 19 or health insurance or individual or group hospital or health 20 care service contract issued pursuant to chapter 509, 514, or 21 514A, an individual or group health maintenance organization 22 contract issued and regulated under chapter 514B, or a 23 preferred provider organization contract regulated pursuant to 24 chapter 514F. 25 5. Nothing in this section shall be interpreted to require 26 an individual or group health maintenance organization or a 27 preferred provider organization or arrangement to provide 28 payment or prepayment for services provided by a provisionally 29 licensed psychologist providing behavioral health services 30 under the supervision of a supervisor as specified in this 31 section, unless the supervisor has entered into a contract or 32 other agreement to provide behavioral health services with the 33 individual or group health maintenance organization or the 34 preferred provider organization or arrangement. 35 -111- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 111/ 112
Sec. 142. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 DIVISION XXIX 3 PHARMACY BENEFITS MANAGER —— RIGHTS OF COVERED INDIVIDUALS 4 Sec. 143. NEW SECTION . 510B.10 Rights related to covered 5 individuals. 6 1. A pharmacy or pharmacist, as defined in section 155A.3, 7 has the right to provide a covered individual information 8 regarding the amount of the covered individual’s cost share 9 for a prescription drug. A pharmacy benefits manager shall 10 not prohibit a pharmacy or pharmacist from discussing any such 11 information or from selling a more affordable alternative to 12 the covered individual, if one is available. 13 2. A health benefit plan, as defined in section 514J.102, 14 issued or renewed on or after July 1, 2018, that provides 15 coverage for pharmacy benefits shall not require a covered 16 individual to pay a copayment for pharmacy benefits that 17 exceeds the pharmacy’s or pharmacist’s submitted charges. 18 3. Any amount paid by a covered individual for a covered 19 prescription drug pursuant to this section shall be applied 20 toward any deductible imposed by the covered individual’s 21 health benefit plan in accordance with the covered individual’s 22 health benefit plan coverage documents. 23 4. To the extent that any provision of this section is 24 inconsistent or conflicts with applicable federal law, rule, 25 or regulation, such federal law, rule, or regulation shall 26 prevail to the extent necessary to eliminate the inconsistency 27 or conflict. > 28 ______________________________ HEATON of Henry -112- HF2501.5741 (2) 87 (amending this HF 2501 to CONFORM to SF 2418) pf/rn 112/ 112