Senate Amendment to House File 766 H-1322 Amend House File 766, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 DEPARTMENT ON AGING —— FY 2019-2020 6 Section 1. DEPARTMENT ON AGING. There is appropriated from 7 the general fund of the state to the department on aging for 8 the fiscal year beginning July 1, 2019, and ending June 30, 9 2020, the following amount, or so much thereof as is necessary, 10 to be used for the purposes designated: 11 For aging programs for the department on aging and area 12 agencies on aging to provide citizens of Iowa who are 60 years 13 of age and older with case management for frail elders, Iowa’s 14 aging and disabilities resource center, and other services 15 which may include but are not limited to adult day services, 16 respite care, chore services, information and assistance, 17 and material aid, for information and options counseling for 18 persons with disabilities who are 18 years of age or older, 19 and for salaries, support, administration, maintenance, and 20 miscellaneous purposes, and for not more than the following 21 full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,191,441 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 24 1. Funds appropriated in this section may be used to 25 supplement federal funds under federal regulations. To 26 receive funds appropriated in this section, a local area 27 agency on aging shall match the funds with moneys from other 28 sources according to rules adopted by the department. Funds 29 appropriated in this section may be used for elderly services 30 not specifically enumerated in this section only if approved 31 by an area agency on aging for provision of the service within 32 the area. 33 2. Of the funds appropriated in this section, $279,000 is 34 transferred to the economic development authority for the Iowa 35 -1- HF766.2510.S (1) 88 jh 1/ 113 #1.
commission on volunteer services to be used for the retired and 1 senior volunteer program. 2 3. a. The department on aging shall establish and enforce 3 procedures relating to expenditure of state and federal funds 4 by area agencies on aging that require compliance with both 5 state and federal laws, rules, and regulations, including but 6 not limited to all of the following: 7 (1) Requiring that expenditures are incurred only for goods 8 or services received or performed prior to the end of the 9 fiscal period designated for use of the funds. 10 (2) Prohibiting prepayment for goods or services not 11 received or performed prior to the end of the fiscal period 12 designated for use of the funds. 13 (3) Prohibiting prepayment for goods or services not 14 defined specifically by good or service, time period, or 15 recipient. 16 (4) Prohibiting the establishment of accounts from which 17 future goods or services which are not defined specifically by 18 good or service, time period, or recipient, may be purchased. 19 b. The procedures shall provide that if any funds are 20 expended in a manner that is not in compliance with the 21 procedures and applicable federal and state laws, rules, and 22 regulations, and are subsequently subject to repayment, the 23 area agency on aging expending such funds in contravention of 24 such procedures, laws, rules and regulations, not the state, 25 shall be liable for such repayment. 26 4. Of the funds appropriated in this section, at least 27 $600,000 shall be used to fund home and community-based 28 services through the area agencies on aging that enable older 29 individuals to avoid more costly utilization of residential or 30 institutional services and remain in their own homes. 31 5. Of the funds appropriated in this section, $812,000 shall 32 be used for the purposes of chapter 231E and to administer 33 the prevention of elder abuse, neglect, and exploitation 34 program pursuant to section 231.56A , in accordance with the 35 -2- HF766.2510.S (1) 88 jh 2/ 113
requirements of the federal Older Americans Act of 1965, 42 1 U.S.C. §3001 et seq., as amended. 2 6. Of the funds appropriated in this section, $1,000,000 3 shall be used to fund continuation of the aging and disability 4 resource center lifelong links to provide individuals and 5 caregivers with information and services to plan for and 6 maintain independence. 7 7. Of the funds appropriated in this section, $250,000 8 shall be used by the department on aging, in collaboration with 9 the department of human services and affected stakeholders, to 10 expand the pilot initiative to provide long-term care options 11 counseling utilizing support planning protocols, to assist 12 non-Medicaid eligible consumers who indicate a preference 13 to return to the community and are deemed appropriate for 14 discharge, to return to their community following a nursing 15 facility stay. The department on aging shall submit a report 16 regarding the outcomes of the pilot initiative to the governor 17 and the general assembly by December 15, 2019. 18 DIVISION II 19 OFFICE OF LONG-TERM CARE OMBUDSMAN —— FY 2019-2020 20 Sec. 2. OFFICE OF LONG-TERM CARE OMBUDSMAN. There is 21 appropriated from the general fund of the state to the office 22 of long-term care ombudsman for the fiscal year beginning July 23 1, 2019, and ending June 30, 2020, the following amount, or 24 so much thereof as is necessary, to be used for the purposes 25 designated: 26 For salaries, support, administration, maintenance, and 27 miscellaneous purposes, and for not more than the following 28 full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,149,821 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.00 31 DIVISION III 32 DEPARTMENT OF PUBLIC HEALTH —— FY 2019-2020 33 Sec. 3. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 34 from the general fund of the state to the department of public 35 -3- HF766.2510.S (1) 88 jh 3/ 113
health for the fiscal year beginning July 1, 2019, and ending 1 June 30, 2020, the following amounts, or so much thereof as is 2 necessary, to be used for the purposes designated: 3 1. ADDICTIVE DISORDERS 4 For reducing the prevalence of the use of tobacco, alcohol, 5 and other drugs, and treating individuals affected by addictive 6 behaviors, including gambling, and for not more than the 7 following full-time equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,110,000 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 10 a. (1) Of the funds appropriated in this subsection, 11 $4,021,000 shall be used for the tobacco use prevention 12 and control initiative, including efforts at the state and 13 local levels, as provided in chapter 142A . The commission 14 on tobacco use prevention and control established pursuant 15 to section 142A.3 shall advise the director of public health 16 in prioritizing funding needs and the allocation of moneys 17 appropriated for the programs and initiatives. Activities 18 of the programs and initiatives shall be in alignment with 19 the United States centers for disease control and prevention 20 best practices for comprehensive tobacco control programs that 21 include the goals of preventing youth initiation of tobacco 22 usage, reducing exposure to secondhand smoke, and promotion 23 of tobacco cessation. To maximize resources, the department 24 shall determine if third-party sources are available to 25 instead provide nicotine replacement products to an applicant 26 prior to provision of such products to an applicant under 27 the initiative. The department shall track and report to 28 the individuals specified in this Act, any reduction in 29 the provision of nicotine replacement products realized by 30 the initiative through implementation of the prerequisite 31 screening. 32 (2) (a) The department shall collaborate with the 33 alcoholic beverages division of the department of commerce for 34 enforcement of tobacco laws, regulations, and ordinances and to 35 -4- HF766.2510.S (1) 88 jh 4/ 113
engage in tobacco control activities approved by the division 1 of tobacco use prevention and control of the department of 2 public health as specified in the memorandum of understanding 3 entered into between the divisions. 4 (b) For the fiscal year beginning July 1, 2019, and ending 5 June 30, 2020, the terms of the memorandum of understanding, 6 entered into between the division of tobacco use prevention 7 and control of the department of public health and the 8 alcoholic beverages division of the department of commerce, 9 governing compliance checks conducted to ensure licensed retail 10 tobacco outlet conformity with tobacco laws, regulations, and 11 ordinances relating to persons under 18 years of age, shall 12 continue to restrict the number of such checks to one check per 13 retail outlet, and one additional check for any retail outlet 14 found to be in violation during the first check. 15 b. (1) Of the funds appropriated in this subsection, 16 $21,089,000 shall be used for problem gambling and 17 substance-related disorder prevention, treatment, and recovery 18 services, including a 24-hour helpline, public information 19 resources, professional training, youth prevention, and program 20 evaluation. 21 (2) Of the amount allocated under this paragraph, $306,000 22 shall be utilized by the department of public health, in 23 collaboration with the department of human services, to support 24 establishment and maintenance of a single statewide 24-hour 25 crisis hotline for the Iowa children’s behavioral health system 26 that incorporates warmline services which may be provided 27 through expansion of existing capabilities maintained by the 28 department of public health as required pursuant to 2018 Iowa 29 Acts, chapter 1056, section 16. 30 c. The requirement of section 123.17, subsection 5 , is met 31 by the appropriations and allocations made in this division of 32 this Act for purposes of substance-related disorder treatment 33 and addictive disorders for the fiscal year beginning July 1, 34 2019. 35 -5- HF766.2510.S (1) 88 jh 5/ 113
2. HEALTHY CHILDREN AND FAMILIES 1 For promoting the optimum health status for children and 2 adolescents from birth through 21 years of age, and families, 3 and for not more than the following full-time equivalent 4 positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,817,057 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 7 a. Of the funds appropriated in this subsection, not more 8 than $734,000 shall be used for the healthy opportunities for 9 parents to experience success (HOPES)-healthy families Iowa 10 (HFI) program established pursuant to section 135.106. The 11 funding shall be distributed to renew the grants that were 12 provided to the grantees that operated the program during the 13 fiscal year ending June 30, 2018. However, the department 14 shall issue a request for proposals and distribute grants to 15 the grantees selected to operate the program no later than 16 January 1, 2020. The department shall not retain any portion 17 of the allocation under this paragraph for administrative 18 costs. 19 b. In order to implement the legislative intent stated 20 in sections 135.106 and 256I.9 , priority for home visitation 21 program funding shall be given to programs using evidence-based 22 or promising models for home visitation. 23 c. Of the funds appropriated in this subsection, $3,075,000 24 shall be used for continuation of the department’s initiative 25 to provide for adequate developmental surveillance and 26 screening during a child’s first five years. The funds shall 27 be used first to fully fund the current sites to ensure that 28 the sites are fully operational, with the remaining funds 29 to be used for expansion to additional sites. The full 30 implementation and expansion shall include enhancing the scope 31 of the initiative through collaboration with the child health 32 specialty clinics to promote healthy child development through 33 early identification and response to both biomedical and social 34 determinants of healthy development; by monitoring child 35 -6- HF766.2510.S (1) 88 jh 6/ 113
health metrics to inform practice, document long-term health 1 impacts and savings, and provide for continuous improvement 2 through training, education, and evaluation; and by providing 3 for practitioner consultation particularly for children with 4 behavioral conditions and needs. The department of public 5 health shall also collaborate with the Iowa Medicaid enterprise 6 and the child health specialty clinics to integrate the 7 activities of the first five initiative into the establishment 8 of patient-centered medical homes, community utilities, 9 accountable care organizations, and other integrated care 10 models developed to improve health quality and population 11 health while reducing health care costs. To the maximum extent 12 possible, funding allocated in this paragraph shall be utilized 13 as matching funds for medical assistance program reimbursement. 14 d. Of the funds appropriated in this subsection, $64,000 15 shall be distributed to a statewide dental carrier to provide 16 funds to continue the donated dental services program patterned 17 after the projects developed by the lifeline network to provide 18 dental services to indigent individuals who are elderly or with 19 disabilities. 20 e. Of the funds appropriated in this subsection, $156,000 21 shall be used to provide audiological services and hearing aids 22 for children. 23 f. Of the funds appropriated in this subsection, $23,000 is 24 transferred to the university of Iowa college of dentistry for 25 provision of primary dental services to children. State funds 26 shall be matched on a dollar-for-dollar basis. The university 27 of Iowa college of dentistry shall coordinate efforts with the 28 department of public health, oral and health delivery system 29 bureau, to provide dental care to underserved populations 30 throughout the state. 31 g. Of the funds appropriated in this subsection, $50,000 32 shall be used to address youth suicide prevention. 33 h. Of the funds appropriated in this subsection, $40,000 34 shall be used to support the Iowa effort to address the survey 35 -7- HF766.2510.S (1) 88 jh 7/ 113
of children who experience adverse childhood experiences known 1 as ACEs. 2 i. Of the funds appropriated in this subsection, up to 3 $494,000 shall be used for childhood obesity prevention. 4 3. CHRONIC CONDITIONS 5 For serving individuals identified as having chronic 6 conditions or special health care needs, and for not more than 7 the following full-time equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,223,519 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.00 10 a. Of the funds appropriated in this subsection, $153,000 11 shall be used for grants to individual patients who have an 12 inherited metabolic disorder to assist with the costs of 13 medically necessary foods and formula. 14 b. Of the funds appropriated in this subsection, $1,055,000 15 shall be used for the brain injury services program pursuant 16 to section 135.22B, including $861,000 for contracting with an 17 existing nationally affiliated and statewide organization whose 18 purpose is to educate, serve, and support Iowans with brain 19 injury and their families, for resource facilitator services 20 in accordance with section 135.22B, subsection 9, and for 21 contracting to enhance brain injury training and recruitment 22 of service providers on a statewide basis. Of the amount 23 allocated in this paragraph, $95,000 shall be used to fund 24 one full-time equivalent position to serve as the state brain 25 injury services program manager. 26 c. Of the funds appropriated in this subsection, $144,000 27 shall be used for the public purpose of continuing to contract 28 with an existing nationally affiliated organization to provide 29 education, client-centered programs, and client and family 30 support for people living with epilepsy and their families. 31 The amount allocated in this paragraph in excess of $50,000 32 shall be matched dollar-for-dollar by the organization 33 specified. Funds allocated under this paragraph shall be 34 distributed in their entirety for the purpose specified on July 35 -8- HF766.2510.S (1) 88 jh 8/ 113
1, 2019. 1 d. Of the funds appropriated in this subsection, $809,000 2 shall be used for child health specialty clinics. 3 e. Of the funds appropriated in this subsection, $384,000 4 shall be used by the regional autism assistance program 5 established pursuant to section 256.35 , and administered by 6 the child health specialty clinic located at the university of 7 Iowa hospitals and clinics. The funds shall be used to enhance 8 interagency collaboration and coordination of educational, 9 medical, and other human services for persons with autism, 10 their families, and providers of services, including delivering 11 regionalized services of care coordination, family navigation, 12 and integration of services through the statewide system of 13 regional child health specialty clinics and fulfilling other 14 requirements as specified in chapter 225D . The university of 15 Iowa shall not receive funds allocated under this paragraph for 16 indirect costs associated with the regional autism assistance 17 program. 18 f. Of the funds appropriated in this subsection, $577,000 19 shall be used for the comprehensive cancer control program to 20 reduce the burden of cancer in Iowa through prevention, early 21 detection, effective treatment, and ensuring quality of life. 22 Of the funds allocated in this paragraph “f”, $150,000 shall 23 be used to support a melanoma research symposium, a melanoma 24 biorepository and registry, basic and translational melanoma 25 research, and clinical trials. 26 g. Of the funds appropriated in this subsection, $97,000 27 shall be used for cervical and colon cancer screening, and 28 $177,000 shall be used to enhance the capacity of the cervical 29 cancer screening program to include provision of recommended 30 prevention and early detection measures to a broader range of 31 low-income women. 32 h. Of the funds appropriated in this subsection, $506,000 33 shall be used for the center for congenital and inherited 34 disorders. 35 -9- HF766.2510.S (1) 88 jh 9/ 113
4. COMMUNITY CAPACITY 1 For strengthening the health care delivery system at the 2 local level, and for not more than the following full-time 3 equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,594,677 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 6 a. Of the funds appropriated in this subsection, $95,000 7 is allocated for continuation of the child vision screening 8 program implemented through the university of Iowa hospitals 9 and clinics in collaboration with early childhood Iowa areas. 10 The program shall submit a report to the department regarding 11 the use of funds allocated under this paragraph “a”. The 12 report shall include the objectives and results for the 13 program year including the target population and how the funds 14 allocated assisted the program in meeting the objectives; the 15 number, age, and location within the state of individuals 16 served; the type of services provided to the individuals 17 served; the distribution of funds based on service provided; 18 and the continuing needs of the program. 19 b. Of the funds appropriated in this subsection, 20 $48,000 shall be used for a grant to a statewide association 21 of psychologists, that is affiliated with the American 22 psychological association, to be used for continuation of a 23 program to rotate intern psychologists in placements in urban 24 and rural mental health professional shortage areas. For the 25 purposes of this paragraph “b”, “mental health professional 26 shortage area” means a geographic area in this state that has 27 been designated by the United States department of health and 28 human services, health resources and services administration, 29 bureau of health professionals, as having a shortage of mental 30 health professionals. 31 c. Of the funds appropriated in this subsection, the 32 following amounts are allocated to be used as follows 33 to support the goals of increased access, health system 34 integration, and engagement: 35 -10- HF766.2510.S (1) 88 jh 10/ 113
(1) Not less than $600,000 is allocated to the Iowa 1 prescription drug corporation for continuation of the 2 pharmaceutical infrastructure for safety net providers as 3 described in 2007 Iowa Acts, chapter 218, section 108, and for 4 the prescription drug donation repository program created in 5 chapter 135M. Funds allocated under this subparagraph shall 6 be distributed in their entirety for the purpose specified on 7 July 1, 2019. 8 (2) Not less than $334,000 is allocated to free clinics and 9 free clinics of Iowa for necessary infrastructure, statewide 10 coordination, provider recruitment, service delivery, and 11 provision of assistance to patients in securing a medical home 12 inclusive of oral health care. Funds allocated under this 13 subparagraph shall be distributed in their entirety for the 14 purpose specified on July 1, 2019. 15 (3) Not less than $25,000 is allocated to the Iowa 16 association of rural health clinics for necessary 17 infrastructure and service delivery transformation. Funds 18 allocated under this subparagraph shall be distributed in their 19 entirety for the purpose specified on July 1, 2019. 20 (4) Not less than $225,000 is allocated to the Polk county 21 medical society for continuation of the safety net provider 22 patient access to specialty health care initiative as described 23 in 2007 Iowa Acts, chapter 218, section 109. Funds allocated 24 under this subparagraph shall be distributed in their entirety 25 for the purpose specified on July 1, 2019. 26 d. Of the funds appropriated in this subsection, $191,000 27 is allocated for the purposes of health care and public health 28 workforce initiatives. 29 e. Of the funds appropriated in this subsection, $96,000 30 shall be used for a matching dental education loan repayment 31 program to be allocated to a dental nonprofit health service 32 corporation to continue to develop the criteria and implement 33 the loan repayment program. 34 f. Of the funds appropriated in this subsection, $100,000 35 -11- HF766.2510.S (1) 88 jh 11/ 113
shall be used for the purposes of the Iowa donor registry as 1 specified in section 142C.18 . 2 g. Of the funds appropriated in this subsection, $96,000 3 shall be used for continuation of a grant to a nationally 4 affiliated volunteer eye organization that has an established 5 program for children and adults and that is solely dedicated to 6 preserving sight and preventing blindness through education, 7 nationally certified vision screening and training, and 8 community and patient service programs. The contractor shall 9 submit a report to the individuals identified in this Act for 10 submission of reports regarding the use of funds allocated 11 under this paragraph “g”. The report shall include the 12 objectives and results for the program year including the 13 target population and how the funds allocated assisted the 14 program in meeting the objectives; the number, age, grade level 15 if appropriate, and location within the state of individuals 16 served; the type of services provided to the individuals 17 served; the distribution of funds based on services provided; 18 and the continuing needs of the program. 19 h. Of the funds appropriated in this subsection, $2,000,000 20 shall be deposited in the medical residency training account 21 created in section 135.175, subsection 5, paragraph “a”, and 22 is appropriated from the account to the department of public 23 health to be used for the purposes of the medical residency 24 training state matching grants program as specified in section 25 135.176. 26 i. Of the funds appropriated in this subsection, $250,000 27 shall be used for the public purpose of providing funding to 28 Des Moines university to continue a provider education project 29 to provide primary care physicians with the training and skills 30 necessary to recognize the signs of mental illness in patients. 31 j. Of the funds appropriated in this subsection, $400,000 32 shall be used for rural psychiatric residencies to support the 33 annual creation and training of four psychiatric residents who 34 will provide mental health services in underserved areas of the 35 -12- HF766.2510.S (1) 88 jh 12/ 113
state. 1 k. Of the funds appropriated in this subsection, $150,000 2 shall be used for psychiatric training to increase access to 3 mental health care services by expanding the mental health 4 workforce via training of additional physician assistants and 5 nurse practitioners. 6 5. ESSENTIAL PUBLIC HEALTH SERVICES 7 To provide public health services that reduce risks and 8 invest in promoting and protecting good health over the 9 course of a lifetime with a priority given to older Iowans and 10 vulnerable populations: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,662,464 12 6. INFECTIOUS DISEASES 13 For reducing the incidence and prevalence of communicable 14 diseases, and for not more than the following full-time 15 equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,796,426 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 18 7. PUBLIC PROTECTION 19 For protecting the health and safety of the public through 20 establishing standards and enforcing regulations, and for not 21 more than the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,093,383 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 142.00 24 a. Of the funds appropriated in this subsection, not more 25 than $304,000 shall be credited to the emergency medical 26 services fund created in section 135.25 . Moneys in the 27 emergency medical services fund are appropriated to the 28 department to be used for the purposes of the fund. 29 b. Of the funds appropriated in this subsection, up 30 to $243,000 shall be used for sexual violence prevention 31 programming through a statewide organization representing 32 programs serving victims of sexual violence through the 33 department’s sexual violence prevention program, and for 34 continuation of a training program for sexual assault 35 -13- HF766.2510.S (1) 88 jh 13/ 113
response team (SART) members, including representatives of 1 law enforcement, victim advocates, prosecutors, and certified 2 medical personnel. However, the department shall issue 3 a request for proposals and execute a contract with the 4 contractor selected to provide the programming and training 5 as specified in this paragraph no later than January 1, 2020. 6 The amount allocated in this paragraph “b” shall not be used 7 to supplant funding administered for other sexual violence 8 prevention or victims assistance programs. The department 9 shall not retain any portion of the allocation under this 10 paragraph for administrative costs. 11 c. Of the funds appropriated in this subsection, up to 12 $500,000 shall be used for the state poison control center. 13 Pursuant to the directive under 2014 Iowa Acts, chapter 14 1140, section 102 , the federal matching funds available to 15 the state poison control center from the department of human 16 services under the federal Children’s Health Insurance Program 17 Reauthorization Act allotment shall be subject to the federal 18 administrative cap rule of 10 percent applicable to funding 19 provided under Tit. XXI of the federal Social Security Act and 20 included within the department’s calculations of the cap. 21 d. Of the funds appropriated in this subsection, up to 22 $504,000 shall be used for childhood lead poisoning provisions. 23 8. RESOURCE MANAGEMENT 24 For establishing and sustaining the overall ability of the 25 department to deliver services to the public, and for not more 26 than the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 971,215 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 29 9. MISCELLANEOUS PROVISIONS 30 a. The university of Iowa hospitals and clinics under 31 the control of the state board of regents shall not receive 32 indirect costs from the funds appropriated in this section. 33 The university of Iowa hospitals and clinics billings to the 34 department shall be on at least a quarterly basis. 35 -14- HF766.2510.S (1) 88 jh 14/ 113
b. The department of public health shall collaborate 1 with applicable stakeholders to review the allocations, 2 grants, and other distributions of funds appropriated under 3 this division of this Act and shall submit a report to the 4 individuals identified in this Act for submission of reports by 5 December 15, 2019, regarding a proposal for the distribution 6 of funds that more clearly reflects the department’s stated 7 priorities and goals, provides increased flexibility in the 8 distribution of funds to meet these priorities and goals, and 9 ensures stakeholder accountability and a discernable return on 10 investment. 11 Sec. 4. CONTRACTED SERVICES —— PROHIBITED USE OF GENERAL 12 FUND MONEYS FOR LOBBYING. 13 1. The department shall submit a report to the individuals 14 identified in this Act for submission of reports by January 1, 15 2020, regarding the outcomes of any program or activity for 16 which funding is appropriated or allocated from the general 17 fund of the state to the department under this division of 18 this Act, and for which a request for proposals process is 19 specifically required. 20 2. The department shall incorporate into the general 21 conditions applicable to all award documents involving funding 22 appropriated or allocated from the general fund of the state to 23 the department under this division of this Act, a prohibition 24 against the use of such funding for the compensation of a 25 lobbyist. For the purposes of this section, “lobbyist” means 26 the same as defined in section 68B.2; however, “lobbyist” 27 does not include a person employed by a state agency of the 28 executive branch of state government who represents the agency 29 relative to the passage, defeat, approval, or modification of 30 legislation that is being considered by the general assembly. 31 DIVISION IV 32 DEPARTMENT OF VETERANS AFFAIRS —— FY 2019-2020 33 Sec. 5. DEPARTMENT OF VETERANS AFFAIRS. There is 34 appropriated from the general fund of the state to the 35 -15- HF766.2510.S (1) 88 jh 15/ 113
department of veterans affairs for the fiscal year beginning 1 July 1, 2019, and ending June 30, 2020, the following amounts, 2 or so much thereof as is necessary, to be used for the purposes 3 designated: 4 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 5 For salaries, support, maintenance, and miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,225,500 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 10 2. IOWA VETERANS HOME 11 For salaries, support, maintenance, and miscellaneous 12 purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,162,976 14 a. The Iowa veterans home billings involving the department 15 of human services shall be submitted to the department on at 16 least a monthly basis. 17 b. Within available resources and in conformance with 18 associated state and federal program eligibility requirements, 19 the Iowa veterans home may implement measures to provide 20 financial assistance to or on behalf of veterans or their 21 spouses who are participating in the community reentry program. 22 c. The Iowa veterans home expenditure report shall be 23 submitted monthly to the legislative services agency. 24 d. The Iowa veterans home shall continue to include in the 25 annual discharge report applicant information to provide for 26 the collection of demographic information including but not 27 limited to the number of individuals applying for admission and 28 admitted or denied admittance and the basis for the admission 29 or denial; the age, gender, and race of such individuals; 30 and the level of care for which such individuals applied for 31 admission including residential or nursing level of care. 32 3. HOME OWNERSHIP ASSISTANCE PROGRAM 33 For transfer to the Iowa finance authority for the 34 continuation of the home ownership assistance program for 35 -16- HF766.2510.S (1) 88 jh 16/ 113
persons who are or were eligible members of the armed forces of 1 the United States, pursuant to section 16.54 : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 3 Sec. 6. LIMITATION OF COUNTY COMMISSIONS OF VETERAN AFFAIRS 4 FUND STANDING APPROPRIATIONS. Notwithstanding the standing 5 appropriation in section 35A.16 for the fiscal year beginning 6 July 1, 2019, and ending June 30, 2020, the amount appropriated 7 from the general fund of the state pursuant to that section 8 for the following designated purposes shall not exceed the 9 following amount: 10 For the county commissions of veteran affairs fund under 11 section 35A.16 : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 990,000 13 DIVISION V 14 DEPARTMENT OF HUMAN SERVICES —— FY 2019-2020 15 Sec. 7. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 16 GRANT. There is appropriated from the fund created in section 17 8.41 to the department of human services for the fiscal year 18 beginning July 1, 2019, and ending June 30, 2020, from moneys 19 received under the federal temporary assistance for needy 20 families (TANF) block grant pursuant to the federal Personal 21 Responsibility and Work Opportunity Reconciliation Act of 1996, 22 Pub. L. No. 104-193, and successor legislation, the following 23 amounts, or so much thereof as is necessary, to be used for the 24 purposes designated: 25 1. To be credited to the family investment program account 26 and used for assistance under the family investment program 27 under chapter 239B : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,524,006 29 2. To be credited to the family investment program account 30 and used for the job opportunities and basic skills (JOBS) 31 program and implementing family investment agreements in 32 accordance with chapter 239B : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,412,060 34 3. To be used for the family development and 35 -17- HF766.2510.S (1) 88 jh 17/ 113
self-sufficiency grant program in accordance with section 1 216A.107 : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 3 Notwithstanding section 8.33 , moneys appropriated in this 4 subsection that remain unencumbered or unobligated at the close 5 of the fiscal year shall not revert but shall remain available 6 for expenditure for the purposes designated until the close of 7 the succeeding fiscal year. However, unless such moneys are 8 encumbered or obligated on or before September 30, 2020, the 9 moneys shall revert. 10 4. For field operations: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 12 5. For general administration: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 14 6. For state child care assistance: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,166,826 16 a. Of the funds appropriated in this subsection, 17 $26,205,412 is transferred to the child care and development 18 block grant appropriation made by the Eighty-eighth General 19 Assembly, 2019 session, for the federal fiscal year beginning 20 October 1, 2019, and ending September 30, 2020. Of this 21 amount, $200,000 shall be used for provision of educational 22 opportunities to registered child care home providers in order 23 to improve services and programs offered by this category 24 of providers and to increase the number of providers. The 25 department may contract with institutions of higher education 26 or child care resource and referral centers to provide 27 the educational opportunities. Allowable administrative 28 costs under the contracts shall not exceed 5 percent. The 29 application for a grant shall not exceed two pages in length. 30 b. Any funds appropriated in this subsection remaining 31 unallocated shall be used for state child care assistance 32 payments for families who are employed including but not 33 limited to individuals enrolled in the family investment 34 program. 35 -18- HF766.2510.S (1) 88 jh 18/ 113
7. For child and family services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 2 8. For child abuse prevention grants: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 4 9. For pregnancy prevention grants on the condition that 5 family planning services are funded: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,913,203 7 Pregnancy prevention grants shall be awarded to programs 8 in existence on or before July 1, 2019, if the programs have 9 demonstrated positive outcomes. Grants shall be awarded to 10 pregnancy prevention programs which are developed after July 11 1, 2019, if the programs are based on existing models that 12 have demonstrated positive outcomes. Grants shall comply with 13 the requirements provided in 1997 Iowa Acts, chapter 208, 14 section 14, subsections 1 and 2 , including the requirement that 15 grant programs must emphasize sexual abstinence. Priority in 16 the awarding of grants shall be given to programs that serve 17 areas of the state which demonstrate the highest percentage of 18 unplanned pregnancies of females of childbearing age within the 19 geographic area to be served by the grant. 20 10. For technology needs and other resources necessary 21 to meet federal welfare reform reporting, tracking, and case 22 management requirements: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 24 11. a. Notwithstanding any provision to the contrary, 25 including but not limited to requirements in section 8.41 or 26 provisions in 2018 Iowa Acts or 2019 Iowa Acts regarding the 27 receipt and appropriation of federal block grants, federal 28 funds from the temporary assistance for needy families block 29 grant received by the state and not otherwise appropriated 30 in this section and remaining available for the fiscal year 31 beginning July 1, 2019, are appropriated to the department of 32 human services to the extent as may be necessary to be used in 33 the following priority order: the family investment program, 34 for state child care assistance program payments for families 35 -19- HF766.2510.S (1) 88 jh 19/ 113
who are employed, and for the family investment program share 1 of system costs for eligibility determination and related 2 functions. The federal funds appropriated in this paragraph 3 “a” shall be expended only after all other funds appropriated 4 in subsection 1 for assistance under the family investment 5 program, in subsection 6 for state child care assistance, or 6 in subsection 10 for technology costs related to the family 7 investment program, as applicable, have been expended. For 8 the purposes of this subsection, the funds appropriated in 9 subsection 6, paragraph “a”, for transfer to the child care 10 and development block grant appropriation are considered fully 11 expended when the full amount has been transferred. 12 b. The department shall, on a quarterly basis, advise the 13 legislative services agency and department of management of 14 the amount of funds appropriated in this subsection that was 15 expended in the prior quarter. 16 12. Of the amounts appropriated in this section, 17 $12,962,008 for the fiscal year beginning July 1, 2019, is 18 transferred to the appropriation of the federal social services 19 block grant made to the department of human services for that 20 fiscal year. 21 13. For continuation of the program providing categorical 22 eligibility for the food assistance program as specified 23 for the program in the section of this division of this Act 24 relating to the family investment program account: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,236 26 14. The department may transfer funds allocated in this 27 section to the appropriations made in this division of this Act 28 for the same fiscal year for general administration and field 29 operations for resources necessary to implement and operate the 30 services referred to in this section and those funded in the 31 appropriation made in this division of this Act for the same 32 fiscal year for the family investment program from the general 33 fund of the state. 34 15. With the exception of moneys allocated under this 35 -20- HF766.2510.S (1) 88 jh 20/ 113
section for the family development and self-sufficiency grant 1 program, to the extent moneys allocated in this section are 2 deemed by the department not to be necessary to support the 3 purposes for which they are allocated, such moneys may be 4 used in the same fiscal year for any other purpose for which 5 funds are allocated in this section or in section 8 of this 6 division for the family investment program account. If there 7 are conflicting needs, priority shall first be given to the 8 family investment program account as specified under subsection 9 1 of this section and used for the purposes of assistance under 10 the family investment program in accordance with chapter 239B , 11 followed by state child care assistance program payments for 12 families who are employed, followed by other priorities as 13 specified by the department. 14 Sec. 8. FAMILY INVESTMENT PROGRAM ACCOUNT. 15 1. Moneys credited to the family investment program (FIP) 16 account for the fiscal year beginning July 1, 2019, and 17 ending June 30, 2020, shall be used to provide assistance in 18 accordance with chapter 239B . 19 2. The department may use a portion of the moneys credited 20 to the FIP account under this section as necessary for 21 salaries, support, maintenance, and miscellaneous purposes. 22 3. The department may transfer funds allocated in 23 subsection 4, excluding the allocation under subsection 4, 24 paragraph “b”, to the appropriations made in this division of 25 this Act for the same fiscal year for general administration 26 and field operations for resources necessary to implement 27 and operate the services referred to in this section and 28 those funded in the appropriations made in section 7 for the 29 temporary assistance for needy families block grant and in 30 section 9 for the family investment program from the general 31 fund of the state in this division of this Act for the same 32 fiscal year. 33 4. Moneys appropriated in this division of this Act and 34 credited to the FIP account for the fiscal year beginning July 35 -21- HF766.2510.S (1) 88 jh 21/ 113
1, 2019, and ending June 30, 2020, are allocated as follows: 1 a. To be retained by the department of human services to 2 be used for coordinating with the department of human rights 3 to more effectively serve participants in FIP and other shared 4 clients and to meet federal reporting requirements under the 5 federal temporary assistance for needy families block grant: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 7 b. To the department of human rights for staffing, 8 administration, and implementation of the family development 9 and self-sufficiency grant program in accordance with section 10 216A.107 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,192,834 12 (1) Of the funds allocated for the family development 13 and self-sufficiency grant program in this paragraph “b”, 14 not more than 5 percent of the funds shall be used for the 15 administration of the grant program. 16 (2) The department of human rights may continue to implement 17 the family development and self-sufficiency grant program 18 statewide during fiscal year 2019-2020. 19 (3) The department of human rights may engage in activities 20 to strengthen and improve family outcomes measures and 21 data collection systems under the family development and 22 self-sufficiency grant program. 23 c. For the diversion subaccount of the FIP account: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 815,000 25 A portion of the moneys allocated for the diversion 26 subaccount may be used for field operations, salaries, data 27 management system development, and implementation costs and 28 support deemed necessary by the director of human services 29 in order to administer the FIP diversion program. To the 30 extent moneys allocated in this paragraph “c” are deemed by the 31 department not to be necessary to support diversion activities, 32 such moneys may be used for other efforts intended to increase 33 engagement by family investment program participants in work, 34 education, or training activities, or for the purposes of 35 -22- HF766.2510.S (1) 88 jh 22/ 113
assistance under the family investment program in accordance 1 with chapter 239B . 2 d. For the food assistance employment and training program: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 4 (1) The department shall apply the federal supplemental 5 nutrition assistance program (SNAP) employment and training 6 state plan in order to maximize to the fullest extent permitted 7 by federal law the use of the 50 percent federal reimbursement 8 provisions for the claiming of allowable federal reimbursement 9 funds from the United States department of agriculture 10 pursuant to the federal SNAP employment and training program 11 for providing education, employment, and training services 12 for eligible food assistance program participants, including 13 but not limited to related dependent care and transportation 14 expenses. 15 (2) The department shall continue the categorical federal 16 food assistance program eligibility at 160 percent of the 17 federal poverty level and continue to eliminate the asset test 18 from eligibility requirements, consistent with federal food 19 assistance program requirements. The department shall include 20 as many food assistance households as is allowed by federal 21 law. The eligibility provisions shall conform to all federal 22 requirements including requirements addressing individuals who 23 are incarcerated or otherwise ineligible. 24 e. For the JOBS program: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,018,258 26 5. Of the child support collections assigned under FIP, 27 an amount equal to the federal share of support collections 28 shall be credited to the child support recovery appropriation 29 made in this division of this Act. Of the remainder of the 30 assigned child support collections received by the child 31 support recovery unit, a portion shall be credited to the FIP 32 account, a portion may be used to increase recoveries, and a 33 portion may be used to sustain cash flow in the child support 34 payments account. If as a consequence of the appropriations 35 -23- HF766.2510.S (1) 88 jh 23/ 113
and allocations made in this section the resulting amounts 1 are insufficient to sustain cash assistance payments and meet 2 federal maintenance of effort requirements, the department 3 shall seek supplemental funding. If child support collections 4 assigned under FIP are greater than estimated or are otherwise 5 determined not to be required for maintenance of effort, the 6 state share of either amount may be transferred to or retained 7 in the child support payments account. 8 6. The department may adopt emergency rules for the family 9 investment, JOBS, food assistance, and medical assistance 10 programs if necessary to comply with federal requirements. 11 Sec. 9. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 12 is appropriated from the general fund of the state to the 13 department of human services for the fiscal year beginning July 14 1, 2019, and ending June 30, 2020, the following amount, or 15 so much thereof as is necessary, to be used for the purpose 16 designated: 17 To be credited to the family investment program (FIP) 18 account and used for family investment program assistance under 19 chapter 239B : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,365,037 21 1. Of the funds appropriated in this section, $6,606,198 is 22 allocated for the JOBS program. 23 2. Of the funds appropriated in this section, $3,313,854 is 24 allocated for the family development and self-sufficiency grant 25 program. 26 3. a. Notwithstanding section 8.39 , for the fiscal 27 year beginning July 1, 2019, if necessary to meet federal 28 maintenance of effort requirements or to transfer federal 29 temporary assistance for needy families block grant funding 30 to be used for purposes of the federal social services block 31 grant or to meet cash flow needs resulting from delays in 32 receiving federal funding or to implement, in accordance with 33 this division of this Act, activities currently funded with 34 juvenile court services, county, or community moneys and state 35 -24- HF766.2510.S (1) 88 jh 24/ 113
moneys used in combination with such moneys; to comply with 1 federal requirements; or to maximize the use of federal funds; 2 the department of human services may transfer funds within or 3 between any of the appropriations made in this division of this 4 Act and appropriations in law for the federal social services 5 block grant to the department for the following purposes, 6 provided that the combined amount of state and federal 7 temporary assistance for needy families block grant funding 8 for each appropriation remains the same before and after the 9 transfer: 10 (1) For the family investment program. 11 (2) For state child care assistance. 12 (3) For child and family services. 13 (4) For field operations. 14 (5) For general administration. 15 b. This subsection shall not be construed to prohibit the 16 use of existing state transfer authority for other purposes. 17 The department shall report any transfers made pursuant to this 18 subsection to the legislative services agency. 19 4. Of the funds appropriated in this section, $195,000 shall 20 be used for continuation of a grant to an Iowa-based nonprofit 21 organization with a history of providing tax preparation 22 assistance to low-income Iowans in order to expand the usage 23 of the earned income tax credit. The purpose of the grant is 24 to supply this assistance to underserved areas of the state. 25 However, the department shall issue a request for proposals and 26 execute a contract with the contractor selected to administer 27 the program no later than January 1, 2020. The department 28 shall not retain any portion of the allocation under this 29 subsection for administrative costs. 30 5. Of the funds appropriated in this section, $70,000 shall 31 be used for the continuation of the parenting program, as 32 specified in 441 IAC ch. 100, relating to parental obligations, 33 in which the child support recovery unit participates, to 34 support the efforts of a nonprofit organization committed 35 -25- HF766.2510.S (1) 88 jh 25/ 113
to strengthening the community through youth development, 1 healthy living, and social responsibility headquartered in 2 a county with a population over 350,000 according to the 3 latest certified federal census. The funds allocated in this 4 subsection shall be used by the recipient organization to 5 develop a larger community effort, through public and private 6 partnerships, to support a broad-based multi-county parenthood 7 initiative that promotes payment of child support obligations, 8 improved family relationships, and full-time employment. 9 6. The department may transfer funds appropriated in this 10 section, excluding the allocation in subsection 2 for the 11 family development and self-sufficiency grant program, to the 12 appropriations made in this division of this Act for general 13 administration and field operations as necessary to administer 14 this section, section 7 for the temporary assistance for needy 15 families block grant, and section 8 for the family investment 16 program account. 17 Sec. 10. CHILD SUPPORT RECOVERY. 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, 2019, and ending 20 June 30, 2020, the following amount, or so much thereof as is 21 necessary, to be used for the purposes designated: 22 For child support recovery, including salaries, support, 23 maintenance, and miscellaneous purposes, and for not more than 24 the following full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,749,368 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 459.00 27 1. The department shall expend up to $24,000, including 28 federal financial participation, for the fiscal year beginning 29 July 1, 2019, for a child support public awareness campaign. 30 The department and the office of the attorney general shall 31 cooperate in continuation of the campaign. The public 32 awareness campaign shall emphasize, through a variety of 33 media activities, the importance of maximum involvement of 34 both parents in the lives of their children as well as the 35 -26- HF766.2510.S (1) 88 jh 26/ 113
importance of payment of child support obligations. 1 2. Federal access and visitation grant moneys shall be 2 issued directly to private not-for-profit agencies that provide 3 services designed to increase compliance with the child access 4 provisions of court orders, including but not limited to 5 neutral visitation sites and mediation services. 6 3. The appropriation made to the department for child 7 support recovery may be used throughout the fiscal year in the 8 manner necessary for purposes of cash flow management, and for 9 cash flow management purposes the department may temporarily 10 draw more than the amount appropriated, provided the amount 11 appropriated is not exceeded at the close of the fiscal year. 12 Sec. 11. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE —— 13 FY 2019-2020. Any funds remaining in the health care trust 14 fund created in section 453A.35A for the fiscal year beginning 15 July 1, 2019, and ending June 30, 2020, are appropriated to 16 the department of human services to supplement the medical 17 assistance program appropriations made in this division of this 18 Act, for medical assistance reimbursement and associated costs, 19 including program administration and costs associated with 20 program implementation. 21 Sec. 12. MEDICAID FRAUD FUND —— MEDICAL ASSISTANCE —— FY 22 2019-2020. Any funds remaining in the Medicaid fraud fund 23 created in section 249A.50 for the fiscal year beginning 24 July 1, 2019, and ending June 30, 2020, are appropriated to 25 the department of human services to supplement the medical 26 assistance appropriations made in this division of this Act, 27 for medical assistance reimbursement and associated costs, 28 including program administration and costs associated with 29 program implementation. 30 Sec. 13. MEDICAL ASSISTANCE. There is appropriated from the 31 general fund of the state to the department of human services 32 for the fiscal year beginning July 1, 2019, and ending June 30, 33 2020, the following amount, or so much thereof as is necessary, 34 to be used for the purpose designated: 35 -27- HF766.2510.S (1) 88 jh 27/ 113
For medical assistance program reimbursement and associated 1 costs as specifically provided in the reimbursement 2 methodologies in effect on June 30, 2019, except as otherwise 3 expressly authorized by law, consistent with options under 4 federal law and regulations, and contingent upon receipt of 5 approval from the office of the governor of reimbursement for 6 each abortion performed under the program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,427,379,707 8 1. Iowans support reducing the number of abortions 9 performed in our state. Funds appropriated under this section 10 shall not be used for abortions, unless otherwise authorized 11 under this section. 12 2. The provisions of this section relating to abortions 13 shall also apply to the Iowa health and wellness plan created 14 pursuant to chapter 249N . 15 3. The department shall utilize not more than $60,000 of 16 the funds appropriated in this section to continue the AIDS/HIV 17 health insurance premium payment program as established in 1992 18 Iowa Acts, Second Extraordinary Session, chapter 1001, section 19 409, subsection 6 . Of the funds allocated in this subsection, 20 not more than $5,000 may be expended for administrative 21 purposes. 22 4. Of the funds appropriated in this Act to the department 23 of public health for addictive disorders, $950,000 for 24 the fiscal year beginning July 1, 2019, is transferred 25 to the department of human services for an integrated 26 substance-related disorder managed care system. The 27 departments of human services and public health shall 28 work together to maintain the level of mental health and 29 substance-related disorder treatment services provided by the 30 managed care contractors. Each department shall take the steps 31 necessary to continue the federal waivers as necessary to 32 maintain the level of services. 33 5. a. The department shall aggressively pursue options for 34 providing medical assistance or other assistance to individuals 35 -28- HF766.2510.S (1) 88 jh 28/ 113
with special needs who become ineligible to continue receiving 1 services under the early and periodic screening, diagnostic, 2 and treatment program under the medical assistance program 3 due to becoming 21 years of age who have been approved for 4 additional assistance through the department’s exception to 5 policy provisions, but who have health care needs in excess 6 of the funding available through the exception to policy 7 provisions. 8 b. Of the funds appropriated in this section, $100,000 9 shall be used for participation in one or more pilot projects 10 operated by a private provider to allow the individual or 11 individuals to receive service in the community in accordance 12 with principles established in Olmstead v. L.C., 527 U.S. 581 13 (1999), for the purpose of providing medical assistance or 14 other assistance to individuals with special needs who become 15 ineligible to continue receiving services under the early and 16 periodic screening, diagnostic, and treatment program under 17 the medical assistance program due to becoming 21 years of 18 age who have been approved for additional assistance through 19 the department’s exception to policy provisions, but who have 20 health care needs in excess of the funding available through 21 the exception to the policy provisions. 22 6. Of the funds appropriated in this section, up to 23 $3,050,082 may be transferred to the field operations or 24 general administration appropriations in this division of this 25 Act for operational costs associated with Part D of the federal 26 Medicare Prescription Drug Improvement and Modernization Act 27 of 2003, Pub. L. No. 108-173. 28 7. Of the funds appropriated in this section, up to $442,100 29 may be transferred to the appropriation in this division 30 of this Act for medical contracts to be used for clinical 31 assessment services and prior authorization of services. 32 8. A portion of the funds appropriated in this section 33 may be transferred to the appropriations in this division of 34 this Act for general administration, medical contracts, the 35 -29- HF766.2510.S (1) 88 jh 29/ 113
children’s health insurance program, or field operations to be 1 used for the state match cost to comply with the payment error 2 rate measurement (PERM) program for both the medical assistance 3 and children’s health insurance programs as developed by the 4 centers for Medicare and Medicaid services of the United States 5 department of health and human services to comply with the 6 federal Improper Payments Information Act of 2002, Pub. L. 7 No. 107-300, and to support other reviews and quality control 8 activities to improve the integrity of these programs. 9 9. The department shall continue to implement the 10 recommendations of the assuring better child health and 11 development initiative II (ABCDII) clinical panel to the 12 Iowa early and periodic screening, diagnostic, and treatment 13 services healthy mental development collaborative board 14 regarding changes to billing procedures, codes, and eligible 15 service providers. 16 10. Of the funds appropriated in this section, a sufficient 17 amount is allocated to supplement the incomes of residents of 18 nursing facilities, intermediate care facilities for persons 19 with mental illness, and intermediate care facilities for 20 persons with an intellectual disability, with incomes of less 21 than $50 in the amount necessary for the residents to receive a 22 personal needs allowance of $50 per month pursuant to section 23 249A.30A . 24 11. a. Hospitals that meet the conditions specified 25 in subparagraphs (1) and (2) shall either certify public 26 expenditures or transfer to the medical assistance program 27 an amount equal to provide the nonfederal share for a 28 disproportionate share hospital payment in an amount up to the 29 hospital-specific limit as approved in the Medicaid state plan. 30 The hospitals that meet the conditions specified shall receive 31 and retain 100 percent of the total disproportionate share 32 hospital payment in an amount up to the hospital-specific limit 33 as approved in the Medicaid state plan. 34 (1) The hospital qualifies for disproportionate share and 35 -30- HF766.2510.S (1) 88 jh 30/ 113
graduate medical education payments. 1 (2) The hospital is an Iowa state-owned hospital with more 2 than 500 beds and eight or more distinct residency specialty 3 or subspecialty programs recognized by the American college of 4 graduate medical education. 5 b. Distribution of the disproportionate share payments 6 shall be made on a monthly basis. The total amount of 7 disproportionate share payments including graduate medical 8 education, enhanced disproportionate share, and Iowa 9 state-owned teaching hospital payments shall not exceed the 10 amount of the state’s allotment under Pub. L. No. 102-234. 11 In addition, the total amount of all disproportionate 12 share payments shall not exceed the hospital-specific 13 disproportionate share limits under Pub. L. No. 103-66. 14 12. One hundred percent of the nonfederal share of payments 15 to area education agencies that are medical assistance 16 providers for medical assistance-covered services provided to 17 medical assistance-covered children, shall be made from the 18 appropriation made in this section. 19 13. A portion of the funds appropriated in this section 20 may be transferred to the appropriation in this division of 21 this Act for medical contracts to be used for administrative 22 activities associated with the money follows the person 23 demonstration project. 24 14. Of the funds appropriated in this section, $349,011 25 shall be used for the administration of the health insurance 26 premium payment program, including salaries, support, 27 maintenance, and miscellaneous purposes. 28 15. a. The department may increase the amounts allocated 29 for salaries, support, maintenance, and miscellaneous purposes 30 associated with the medical assistance program, as necessary, 31 to sustain cost management efforts. The department shall 32 report any such increase to the legislative services agency and 33 the department of management. 34 b. If the savings to the medical assistance program from 35 -31- HF766.2510.S (1) 88 jh 31/ 113
ongoing cost management efforts exceed the associated cost 1 for the fiscal year beginning July 1, 2019, the department 2 may transfer any savings generated for the fiscal year due 3 to medical assistance program cost management efforts to the 4 appropriation made in this division of this Act for medical 5 contracts or general administration to defray the costs 6 associated with implementing the efforts. 7 16. For the fiscal year beginning July 1, 2019, and ending 8 June 30, 2020, the replacement generation tax revenues required 9 to be deposited in the property tax relief fund pursuant to 10 section 437A.8, subsection 4 , paragraph “d”, and section 11 437A.15, subsection 3 , paragraph “f”, shall instead be credited 12 to and supplement the appropriation made in this section and 13 used for the allocations made in this section. 14 17. a. Of the funds appropriated in this section, up 15 to $50,000 may be transferred by the department to the 16 appropriation made in this division of this Act to the 17 department for the same fiscal year for general administration 18 to be used for associated administrative expenses and for not 19 more than one full-time equivalent position, in addition to 20 those authorized for the same fiscal year, to be assigned to 21 implementing the children’s mental health home project. 22 b. Of the funds appropriated in this section, up to $400,000 23 may be transferred by the department to the appropriation made 24 to the department in this division of this Act for the same 25 fiscal year for Medicaid program-related general administration 26 planning and implementation activities. The funds may be used 27 for contracts or for personnel in addition to the amounts 28 appropriated for and the positions authorized for general 29 administration for the fiscal year. 30 c. Of the funds appropriated in this section, up to 31 $3,000,000 may be transferred by the department to the 32 appropriations made in this division of this Act for the same 33 fiscal year for general administration or medical contracts 34 to be used to support the development and implementation of 35 -32- HF766.2510.S (1) 88 jh 32/ 113
standardized assessment tools for persons with mental illness, 1 an intellectual disability, a developmental disability, or a 2 brain injury. 3 18. Of the funds appropriated in this section, $150,000 4 shall be used for lodging expenses associated with care 5 provided at the university of Iowa hospitals and clinics for 6 patients with cancer whose travel distance is 30 miles or more 7 and whose income is at or below 200 percent of the federal 8 poverty level as defined by the most recently revised poverty 9 income guidelines published by the United States department of 10 health and human services. The department of human services 11 shall establish the maximum number of overnight stays and the 12 maximum rate reimbursed for overnight lodging, which may be 13 based on the state employee rate established by the department 14 of administrative services. The funds allocated in this 15 subsection shall not be used as nonfederal share matching 16 funds. 17 19. Of the funds appropriated in this section, up to 18 $3,383,880 shall be used for administration of the state family 19 planning services program pursuant to section 217.41B, and 20 of this amount, the department may use up to $200,000 for 21 administrative expenses. 22 20. Of the funds appropriated in this section, $1,545,530 23 shall be used and may be transferred to other appropriations 24 in this division of this Act as necessary to administer the 25 provisions in the division of this Act relating to Medicaid 26 program administration. 27 21. The department shall continue to implement and 28 administer the provisions of 2018 Iowa Acts, chapter 1056. 29 Of the funds appropriated in this section, up to $39,069 may 30 be transferred to the department of inspections and appeals 31 for inspection costs related to such implementation and 32 administration. 33 22. Of the funds appropriated in this section, up to 34 $1,200,000 shall be used to implement reductions in the waiting 35 -33- HF766.2510.S (1) 88 jh 33/ 113
list for the children’s mental health home and community-based 1 services waiver. 2 23. Of the funds appropriated in this section, $1,500,000 3 shall be used to provide reimbursement to critical access 4 hospitals for inpatient and outpatient services based on 5 a critical access hospital adjustment factor methodology 6 developed by the department as provided in this division of 7 this Act. 8 24. The department of human services shall utilize 9 $1,000,000 of the funds appropriated under this section to 10 increase the current supported community living provider 11 daily rates for all tiers under the tiered rate reimbursement 12 methodology effective with dates of service beginning July 13 1, 2019. The funding amount shall be divided equally among 14 all tiers and applied within each tier in accordance with the 15 recommendations of the actuary. However, no resulting rates 16 shall be lower than the rates in effect on June 30, 2019. 17 Sec. 14. MEDICAL CONTRACTS. There is appropriated from the 18 general fund of the state to the department of human services 19 for the fiscal year beginning July 1, 2019, and ending June 30, 20 2020, the following amount, or so much thereof as is necessary, 21 to be used for the purpose designated: 22 For medical contracts: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,992,530 24 1. The department of inspections and appeals shall 25 provide all state matching funds for survey and certification 26 activities performed by the department of inspections 27 and appeals. The department of human services is solely 28 responsible for distributing the federal matching funds for 29 such activities. 30 2. Of the funds appropriated in this section, $50,000 shall 31 be used for continuation of home and community-based services 32 waiver quality assurance programs, including the review and 33 streamlining of processes and policies related to oversight and 34 quality management to meet state and federal requirements. 35 -34- HF766.2510.S (1) 88 jh 34/ 113
3. Of the amount appropriated in this section, up to 1 $200,000 may be transferred to the appropriation for general 2 administration in this division of this Act to be used for 3 additional full-time equivalent positions in the development 4 of key health initiatives such as development and oversight 5 of managed care programs and development of health strategies 6 targeted toward improved quality and reduced costs in the 7 Medicaid program. 8 4. Of the funds appropriated in this section, $1,000,000 9 shall be used for planning and development, in cooperation with 10 the department of public health, of a phased-in program to 11 provide a dental home for children. 12 5. a. Of the funds appropriated in this section, $573,000 13 shall be credited to the autism support program fund created 14 in section 225D.2 to be used for the autism support program 15 created in chapter 225D , with the exception of the following 16 amount of this allocation which shall be used as follows: 17 b. Of the funds allocated in this subsection, $25,000 shall 18 be used for the public purpose of continuation of a grant to a 19 nonprofit provider of child welfare services that has been in 20 existence for more than 115 years, is located in a county with 21 a population between 200,000 and 220,000 according to the most 22 recent federal decennial census, is licensed as a psychiatric 23 medical institution for children, and provides school-based 24 programming, to be used for support services for children with 25 autism spectrum disorder and their families. 26 Sec. 15. STATE SUPPLEMENTARY ASSISTANCE. 27 1. There is appropriated from the general fund of the 28 state to the department of human services for the fiscal year 29 beginning July 1, 2019, and ending June 30, 2020, the following 30 amount, or so much thereof as is necessary, to be used for the 31 purpose designated: 32 For the state supplementary assistance program: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,812,909 34 2. The department shall increase the personal needs 35 -35- HF766.2510.S (1) 88 jh 35/ 113
allowance for residents of residential care facilities by the 1 same percentage and at the same time as federal supplemental 2 security income and federal social security benefits are 3 increased due to a recognized increase in the cost of living. 4 The department may adopt emergency rules to implement this 5 subsection. 6 3. If during the fiscal year beginning July 1, 2019, 7 the department projects that state supplementary assistance 8 expenditures for a calendar year will not meet the federal 9 pass-through requirement specified in Tit. XVI of the federal 10 Social Security Act, section 1618, as codified in 42 U.S.C. 11 §1382g, the department may take actions including but not 12 limited to increasing the personal needs allowance for 13 residential care facility residents and making programmatic 14 adjustments or upward adjustments of the residential care 15 facility or in-home health-related care reimbursement rates 16 prescribed in this division of this Act to ensure that federal 17 requirements are met. In addition, the department may make 18 other programmatic and rate adjustments necessary to remain 19 within the amount appropriated in this section while ensuring 20 compliance with federal requirements. The department may adopt 21 emergency rules to implement the provisions of this subsection. 22 4. Notwithstanding section 8.33 , moneys appropriated in 23 this section that remain unencumbered or unobligated at the 24 close of the fiscal year shall not revert but shall remain 25 available for expenditure for the purposes designated until the 26 close of the succeeding fiscal year. 27 Sec. 16. CHILDREN’S HEALTH INSURANCE PROGRAM. 28 1. There is appropriated from the general fund of the 29 state to the department of human services for the fiscal year 30 beginning July 1, 2019, and ending June 30, 2020, the following 31 amount, or so much thereof as is necessary, to be used for the 32 purpose designated: 33 For maintenance of the healthy and well kids in Iowa (hawk-i) 34 program pursuant to chapter 514I , including supplemental dental 35 -36- HF766.2510.S (1) 88 jh 36/ 113
services, for receipt of federal financial participation under 1 Tit. XXI of the federal Social Security Act, which creates the 2 children’s health insurance program: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,361,112 4 2. Of the funds appropriated in this section, $79,486 is 5 allocated for continuation of the contract for outreach with 6 the department of public health. 7 3. A portion of the funds appropriated in this section may 8 be transferred to the appropriations made in this division of 9 this Act for field operations or medical contracts to be used 10 for the integration of hawk-i program eligibility, payment, and 11 administrative functions under the purview of the department 12 of human services, including for the Medicaid management 13 information system upgrade. 14 Sec. 17. CHILD CARE ASSISTANCE. There is appropriated 15 from the general fund of the state to the department of human 16 services for the fiscal year beginning July 1, 2019, and ending 17 June 30, 2020, the following amount, or so much thereof as is 18 necessary, to be used for the purpose designated: 19 For child care programs: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,816,931 21 1. Of the funds appropriated in this section, $34,966,931 22 shall be used for state child care assistance in accordance 23 with section 237A.13 . 24 2. Nothing in this section shall be construed or is 25 intended as or shall imply a grant of entitlement for services 26 to persons who are eligible for assistance due to an income 27 level consistent with the waiting list requirements of section 28 237A.13 . Any state obligation to provide services pursuant to 29 this section is limited to the extent of the funds appropriated 30 in this section. 31 3. A list of the registered and licensed child care 32 facilities operating in the area served by a child care 33 resource and referral service shall be made available to the 34 families receiving state child care assistance in that area. 35 -37- HF766.2510.S (1) 88 jh 37/ 113
4. Of the funds appropriated in this section, $5,850,000 1 shall be credited to the early childhood programs grants 2 account in the early childhood Iowa fund created in section 3 256I.11 . The moneys shall be distributed for funding of 4 community-based early childhood programs targeted to children 5 from birth through five years of age developed by early 6 childhood Iowa areas in accordance with approved community 7 plans as provided in section 256I.8 . 8 5. The department may use any of the funds appropriated 9 in this section as a match to obtain federal funds for use in 10 expanding child care assistance and related programs. For 11 the purpose of expenditures of state and federal child care 12 funding, funds shall be considered obligated at the time 13 expenditures are projected or are allocated to the department’s 14 service areas. Projections shall be based on current and 15 projected caseload growth, current and projected provider 16 rates, staffing requirements for eligibility determination 17 and management of program requirements including data systems 18 management, staffing requirements for administration of the 19 program, contractual and grant obligations and any transfers 20 to other state agencies, and obligations for decategorization 21 or innovation projects. 22 6. A portion of the state match for the federal child care 23 and development block grant shall be provided as necessary to 24 meet federal matching funds requirements through the state 25 general fund appropriation made for child development grants 26 and other programs for at-risk children in section 279.51 . 27 7. If a uniform reduction ordered by the governor under 28 section 8.31 or other operation of law, transfer, or federal 29 funding reduction reduces the appropriation made in this 30 section for the fiscal year, the percentage reduction in the 31 amount paid out to or on behalf of the families participating 32 in the state child care assistance program shall be equal to or 33 less than the percentage reduction made for any other purpose 34 payable from the appropriation made in this section and the 35 -38- HF766.2510.S (1) 88 jh 38/ 113
federal funding relating to it. The percentage reduction to 1 the other allocations made in this section shall be the same as 2 the uniform reduction ordered by the governor or the percentage 3 change of the federal funding reduction, as applicable. If 4 there is an unanticipated increase in federal funding provided 5 for state child care services, the entire amount of the 6 increase, except as necessary to meet federal requirements 7 including quality set asides, shall be used for state child 8 care assistance payments. If the appropriations made for 9 purposes of the state child care assistance program for the 10 fiscal year are determined to be insufficient, it is the intent 11 of the general assembly to appropriate sufficient funding for 12 the fiscal year in order to avoid establishment of waiting list 13 requirements. 14 8. Notwithstanding section 8.33 , moneys advanced for 15 purposes of the programs developed by early childhood Iowa 16 areas, advanced for purposes of wraparound child care, or 17 received from the federal appropriations made for the purposes 18 of this section that remain unencumbered or unobligated at the 19 close of the fiscal year shall not revert to any fund but shall 20 remain available for expenditure for the purposes designated 21 until the close of the succeeding fiscal year. 22 Sec. 18. JUVENILE INSTITUTION. There is appropriated 23 from the general fund of the state to the department of human 24 services for the fiscal year beginning July 1, 2019, and ending 25 June 30, 2020, the following amounts, or so much thereof as is 26 necessary, to be used for the purposes designated: 27 1. a. For operation of the state training school at Eldora 28 and for salaries, support, maintenance, and miscellaneous 29 purposes, and for not more than the following full-time 30 equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,920,757 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 207.00 33 b. Of the funds appropriated in this subsection, $91,000 34 shall be used for distribution to licensed classroom teachers 35 -39- HF766.2510.S (1) 88 jh 39/ 113
at this and other institutions under the control of the 1 department of human services based upon the average student 2 yearly enrollment at each institution as determined by the 3 department. 4 c. The additional full-time equivalent positions authorized 5 in paragraph “a” shall include 1.00 youth services technician, 6 1.00 clinical supervisor, and 1.00 registered nurse, or 7 comparable additional, full-time equivalent positions. 8 2. A portion of the moneys appropriated in this section 9 shall be used by the state training school at Eldora for 10 grants for adolescent pregnancy prevention activities at the 11 institution in the fiscal year beginning July 1, 2019. 12 3. Of the funds appropriated in this subsection, $212,000 13 shall be used by the state training school at Eldora for a 14 substance use disorder treatment program at the institution for 15 the fiscal year beginning July 1, 2019. 16 4. Notwithstanding section 8.33 , moneys appropriated in 17 this section that remain unencumbered or unobligated at the 18 close of the fiscal year shall not revert but shall remain 19 available for expenditure for the purposes designated until the 20 close of the succeeding fiscal year. 21 Sec. 19. CHILD AND FAMILY SERVICES. 22 1. There is appropriated from the general fund of the 23 state to the department of human services for the fiscal year 24 beginning July 1, 2019, and ending June 30, 2020, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purpose designated: 27 For child and family services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 89,071,761 29 2. The department may transfer funds appropriated in this 30 section as necessary to pay the nonfederal costs of services 31 reimbursed under the medical assistance program, state child 32 care assistance program, or the family investment program which 33 are provided to children who would otherwise receive services 34 paid under the appropriation in this section. The department 35 -40- HF766.2510.S (1) 88 jh 40/ 113
may transfer funds appropriated in this section to the 1 appropriations made in this division of this Act for general 2 administration and for field operations for resources necessary 3 to implement and operate the services funded in this section. 4 3. a. Of the funds appropriated in this section, up to 5 $34,536,000 is allocated as the statewide expenditure target 6 under section 232.143 for group foster care maintenance and 7 services. If the department projects that such expenditures 8 for the fiscal year will be less than the target amount 9 allocated in this paragraph “a”, the department may reallocate 10 the excess to provide additional funding for family foster 11 care, independent living, family safety, risk and permanency 12 services, shelter care, or the child welfare emergency services 13 addressed with the allocation for shelter care. 14 b. If at any time after September 30, 2019, annualization 15 of a service area’s current expenditures indicates a service 16 area is at risk of exceeding its group foster care expenditure 17 target under section 232.143 by more than 5 percent, the 18 department and juvenile court services shall examine all 19 group foster care placements in that service area in order to 20 identify those which might be appropriate for termination. 21 In addition, any aftercare services believed to be needed 22 for the children whose placements may be terminated shall be 23 identified. The department and juvenile court services shall 24 initiate action to set dispositional review hearings for the 25 placements identified. In such a dispositional review hearing, 26 the juvenile court shall determine whether needed aftercare 27 services are available and whether termination of the placement 28 is in the best interest of the child and the community. 29 4. In accordance with the provisions of section 232.188 , 30 the department shall continue the child welfare and juvenile 31 justice funding initiative during fiscal year 2019-2020. Of 32 the funds appropriated in this section, $1,717,000 is allocated 33 specifically for expenditure for fiscal year 2019-2020 through 34 the decategorization services funding pools and governance 35 -41- HF766.2510.S (1) 88 jh 41/ 113
boards established pursuant to section 232.188 . 1 5. A portion of the funds appropriated in this section 2 may be used for emergency family assistance to provide other 3 resources required for a family participating in a family 4 preservation or reunification project or successor project to 5 stay together or to be reunified. 6 6. Of the funds appropriated in this section, a sufficient 7 amount is allocated for shelter care and the child welfare 8 emergency services contracting implemented to provide for or 9 prevent the need for shelter care. 10 7. Federal funds received by the state during the fiscal 11 year beginning July 1, 2019, as the result of the expenditure 12 of state funds appropriated during a previous state fiscal 13 year for a service or activity funded under this section are 14 appropriated to the department to be used as additional funding 15 for services and purposes provided for under this section. 16 Notwithstanding section 8.33 , moneys received in accordance 17 with this subsection that remain unencumbered or unobligated at 18 the close of the fiscal year shall not revert to any fund but 19 shall remain available for the purposes designated until the 20 close of the succeeding fiscal year. 21 8. a. Of the funds appropriated in this section, up to 22 $3,290,000 is allocated for the payment of the expenses of 23 court-ordered services provided to juveniles who are under the 24 supervision of juvenile court services, which expenses are a 25 charge upon the state pursuant to section 232.141, subsection 26 4 . Of the amount allocated in this paragraph “a”, up to 27 $1,556,000 shall be made available to provide school-based 28 supervision of children adjudicated under chapter 232 , of which 29 not more than $15,000 may be used for the purpose of training. 30 A portion of the cost of each school-based liaison officer 31 shall be paid by the school district or other funding source as 32 approved by the chief juvenile court officer. 33 b. Of the funds appropriated in this section, up to $748,000 34 is allocated for the payment of the expenses of court-ordered 35 -42- HF766.2510.S (1) 88 jh 42/ 113
services provided to children who are under the supervision 1 of the department, which expenses are a charge upon the state 2 pursuant to section 232.141, subsection 4 . 3 c. Notwithstanding section 232.141 or any other provision 4 of law to the contrary, the amounts allocated in this 5 subsection shall be distributed to the judicial districts 6 as determined by the state court administrator and to the 7 department’s service areas as determined by the administrator 8 of the department of human services’ division of child and 9 family services. The state court administrator and the 10 division administrator shall make the determination of the 11 distribution amounts on or before June 15, 2019. 12 d. Notwithstanding chapter 232 or any other provision of 13 law to the contrary, a district or juvenile court shall not 14 order any service which is a charge upon the state pursuant 15 to section 232.141 if there are insufficient court-ordered 16 services funds available in the district court or departmental 17 service area distribution amounts to pay for the service. The 18 chief juvenile court officer and the departmental service area 19 manager shall encourage use of the funds allocated in this 20 subsection such that there are sufficient funds to pay for 21 all court-related services during the entire year. The chief 22 juvenile court officers and departmental service area managers 23 shall attempt to anticipate potential surpluses and shortfalls 24 in the distribution amounts and shall cooperatively request the 25 state court administrator or division administrator to transfer 26 funds between the judicial districts’ or departmental service 27 areas’ distribution amounts as prudent. 28 e. Notwithstanding any provision of law to the contrary, 29 a district or juvenile court shall not order a county to pay 30 for any service provided to a juvenile pursuant to an order 31 entered under chapter 232 which is a charge upon the state 32 under section 232.141, subsection 4 . 33 f. Of the funds allocated in this subsection, not more than 34 $83,000 may be used by the judicial branch for administration 35 -43- HF766.2510.S (1) 88 jh 43/ 113
of the requirements under this subsection. 1 g. Of the funds allocated in this subsection, $17,000 2 shall be used by the department of human services to support 3 the interstate commission for juveniles in accordance with 4 the interstate compact for juveniles as provided in section 5 232.173 . 6 9. Of the funds appropriated in this section, $12,253,000 is 7 allocated for juvenile delinquent graduated sanctions services. 8 Any state funds saved as a result of efforts by juvenile court 9 services to earn a federal Tit. IV-E match for juvenile court 10 services administration may be used for the juvenile delinquent 11 graduated sanctions services. 12 10. Of the funds appropriated in this section, $1,658,000 is 13 transferred to the department of public health to be used for 14 the child protection center grant program for child protection 15 centers located in Iowa in accordance with section 135.118 . 16 The grant amounts under the program shall be equalized so that 17 each center receives a uniform base amount of $245,000, and so 18 that the remaining funds are awarded through a funding formula 19 based upon the volume of children served. To increase access 20 to child protection center services for children in rural 21 areas, the funding formula for the awarding of the remaining 22 funds shall provide for the awarding of an enhanced amount to 23 eligible grantees to develop and maintain satellite centers in 24 underserved regions of the state. 25 11. Of the funds appropriated in this section, $4,025,000 is 26 allocated for the preparation for adult living program pursuant 27 to section 234.46 . 28 12. Of the funds appropriated in this section, $227,000 29 shall be used for the public purpose of continuing a grant to a 30 nonprofit human services organization, providing services to 31 individuals and families in multiple locations in southwest 32 Iowa and Nebraska for support of a project providing immediate, 33 sensitive support and forensic interviews, medical exams, needs 34 assessments, and referrals for victims of child abuse and their 35 -44- HF766.2510.S (1) 88 jh 44/ 113
nonoffending family members. 1 13. Of the funds appropriated in this section, $300,000 2 is allocated for the foster care youth council approach of 3 providing a support network to children placed in foster care. 4 14. Of the funds appropriated in this section, $202,000 is 5 allocated for use pursuant to section 235A.1 for continuation 6 of the initiative to address child sexual abuse implemented 7 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 8 21 . 9 15. Of the funds appropriated in this section, $630,000 is 10 allocated for the community partnership for child protection 11 sites. 12 16. Of the funds appropriated in this section, $371,000 13 is allocated for the department’s minority youth and family 14 projects under the redesign of the child welfare system. 15 17. Of the funds appropriated in this section, $851,000 16 is allocated for funding of the community circle of care 17 collaboration for children and youth in northeast Iowa. 18 18. Of the funds appropriated in this section, at least 19 $147,000 shall be used for the continuation of the child 20 welfare provider training academy, a collaboration between the 21 coalition for family and children’s services in Iowa and the 22 department. 23 19. Of the funds appropriated in this section, $211,000 24 shall be used for continuation of the central Iowa system of 25 care program grant through June 30, 2020. 26 20. Of the funds appropriated in this section, $235,000 27 shall be used for the public purpose of the continuation 28 and expansion of a system of care program grant implemented 29 in Cerro Gordo and Linn counties to utilize a comprehensive 30 and long-term approach for helping children and families by 31 addressing the key areas in a child’s life of childhood basic 32 needs, education and work, family, and community. 33 21. Of the funds appropriated in this section, at least 34 $25,000 shall be used to continue and to expand the foster 35 -45- HF766.2510.S (1) 88 jh 45/ 113
care respite pilot program in which postsecondary students in 1 social work and other human services-related programs receive 2 experience by assisting family foster care providers with 3 respite and other support. 4 22. Of the funds appropriated in this section, $110,000 5 shall be used for the public purpose of funding community-based 6 services and other supports with a system of care approach 7 for children with a serious emotional disturbance and their 8 families through a nonprofit provider of child welfare services 9 that has been in existence for more than 115 years, is located 10 in a county with a population of more than 200,000 but less 11 than 220,000 according to the latest certified federal census, 12 is licensed as a psychiatric medical institution for children, 13 and was a system of care grantee prior to July 1, 2019. 14 23. If a separate funding source is identified that reduces 15 the need for state funds within an allocation under this 16 section, the allocated state funds may be redistributed to 17 other allocations under this section for the same fiscal year. 18 Sec. 20. ADOPTION SUBSIDY. 19 1. There is appropriated from the general fund of the 20 state to the department of human services for the fiscal year 21 beginning July 1, 2019, and ending June 30, 2020, the following 22 amount, or so much thereof as is necessary, to be used for the 23 purpose designated: 24 a. For adoption subsidy payments and services: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,596,007 26 b. (1) The funds appropriated in this section shall be used 27 as authorized or allowed by federal law or regulation for any 28 of the following purposes: 29 (a) For adoption subsidy payments and related costs. 30 (b) For post-adoption services and for other purposes under 31 Tit. IV-B or Tit. IV-E of the federal Social Security Act. 32 (2) The department of human services may transfer funds 33 appropriated in this subsection to the appropriation for 34 child and family services in this Act for the purposes of 35 -46- HF766.2510.S (1) 88 jh 46/ 113
post-adoption services as specified in this paragraph “b”. 1 c. Notwithstanding section 8.33 , moneys corresponding to 2 the state savings resulting from implementation of the federal 3 Fostering Connections to Success and Increasing Adoptions Act 4 of 2008, Pub. L. No. 110-351, and successor legislation, as 5 determined in accordance with 42 U.S.C. §673(a)(8), that remain 6 unencumbered or unobligated at the close of the fiscal year, 7 shall not revert to any fund but shall remain available for the 8 purposes designated in this subsection until expended. The 9 amount of such savings and any corresponding funds remaining 10 at the close of the fiscal year shall be determined separately 11 and any changes in either amount between fiscal years shall not 12 result in an unfunded need. 13 2. The department may transfer funds appropriated in 14 this section to the appropriation made in this division of 15 this Act for general administration for costs paid from the 16 appropriation relating to adoption subsidy. 17 3. Federal funds received by the state during the 18 fiscal year beginning July 1, 2019, as the result of the 19 expenditure of state funds during a previous state fiscal 20 year for a service or activity funded under this section are 21 appropriated to the department to be used as additional funding 22 for the services and activities funded under this section. 23 Notwithstanding section 8.33 , moneys received in accordance 24 with this subsection that remain unencumbered or unobligated 25 at the close of the fiscal year shall not revert to any fund 26 but shall remain available for expenditure for the purposes 27 designated until the close of the succeeding fiscal year. 28 Sec. 21. JUVENILE DETENTION HOME FUND. Moneys deposited 29 in the juvenile detention home fund created in section 232.142 30 during the fiscal year beginning July 1, 2019, and ending June 31 30, 2020, are appropriated to the department of human services 32 for the fiscal year beginning July 1, 2019, and ending June 30, 33 2020, for distribution of an amount equal to a percentage of 34 the costs of the establishment, improvement, operation, and 35 -47- HF766.2510.S (1) 88 jh 47/ 113
maintenance of county or multicounty juvenile detention homes 1 in the fiscal year beginning July 1, 2018. Moneys appropriated 2 for distribution in accordance with this section shall be 3 allocated among eligible detention homes, prorated on the basis 4 of an eligible detention home’s proportion of the costs of all 5 eligible detention homes in the fiscal year beginning July 6 1, 2018. The percentage figure shall be determined by the 7 department based on the amount available for distribution for 8 the fund. Notwithstanding section 232.142, subsection 3 , the 9 financial aid payable by the state under that provision for the 10 fiscal year beginning July 1, 2019, shall be limited to the 11 amount appropriated for the purposes of this section. 12 Sec. 22. FAMILY SUPPORT SUBSIDY PROGRAM. 13 1. There is appropriated from the general fund of the 14 state to the department of human services for the fiscal year 15 beginning July 1, 2019, and ending June 30, 2020, the following 16 amount, or so much thereof as is necessary, to be used for the 17 purpose designated: 18 For the family support subsidy program subject to the 19 enrollment restrictions in section 225C.37, subsection 3 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 949,282 21 2. At least $819,275 of the moneys appropriated in this 22 section is transferred to the department of public health for 23 the family support center component of the comprehensive family 24 support program under chapter 225C , subchapter V. 25 3. If at any time during the fiscal year, the amount of 26 funding available for the family support subsidy program 27 is reduced from the amount initially used to establish the 28 figure for the number of family members for whom a subsidy 29 is to be provided at any one time during the fiscal year, 30 notwithstanding section 225C.38, subsection 2 , the department 31 shall revise the figure as necessary to conform to the amount 32 of funding available. 33 Sec. 23. CONNER DECREE. There is appropriated from the 34 general fund of the state to the department of human services 35 -48- HF766.2510.S (1) 88 jh 48/ 113
for the fiscal year beginning July 1, 2019, and ending June 30, 1 2020, the following amount, or so much thereof as is necessary, 2 to be used for the purpose designated: 3 For building community capacity through the coordination 4 and provision of training opportunities in accordance with the 5 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 6 Iowa, July 14, 1994): 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,632 8 Sec. 24. MENTAL HEALTH INSTITUTES. 9 1. There is appropriated from the general fund of the 10 state to the department of human services for the fiscal year 11 beginning July 1, 2019, and ending June 30, 2020, the following 12 amounts, or so much thereof as is necessary, to be used for the 13 purposes designated: 14 a. (1) For operation of the state mental health institute 15 at Cherokee as required by chapters 218 and 226 for salaries, 16 support, maintenance, and miscellaneous purposes, and for not 17 more than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,216,149 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.00 20 (2) The additional full-time equivalent positions 21 authorized in this paragraph “a” shall include 3.50 security 22 staff and 3.00 support staff, or comparable additional, 23 full-time equivalent positions. 24 b. (1) For operation of the state mental health institute 25 at Independence as required by chapters 218 and 226 for 26 salaries, support, maintenance, and miscellaneous purposes, and 27 for not more than the following full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,165,110 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 208.00 30 (2) The additional full-time equivalent positions 31 authorized in this paragraph “b” shall include 3.50 security 32 staff, or comparable additional, full-time equivalent 33 positions. 34 2. Notwithstanding sections 218.78 and 249A.11 , any revenue 35 -49- HF766.2510.S (1) 88 jh 49/ 113
received from the state mental health institute at Cherokee or 1 the state mental health institute at Independence pursuant to 2 42 C.F.R §438.6(e) may be retained and expended by the mental 3 health institute. 4 3. Notwithstanding any provision of law to the contrary, 5 a Medicaid member residing at the state mental health 6 institute at Cherokee or the state mental health institute 7 at Independence shall retain Medicaid eligibility during 8 the period of the Medicaid member’s stay for which federal 9 financial participation is available. 10 4. Notwithstanding section 8.33 , moneys appropriated in 11 this section that remain unencumbered or unobligated at the 12 close of the fiscal year shall not revert but shall remain 13 available for expenditure for the purposes designated until the 14 close of the succeeding fiscal year. 15 Sec. 25. STATE RESOURCE CENTERS. 16 1. There is appropriated from the general fund of the 17 state to the department of human services for the fiscal year 18 beginning July 1, 2019, and ending June 30, 2020, the following 19 amounts, or so much thereof as is necessary, to be used for the 20 purposes designated: 21 a. For the state resource center at Glenwood for salaries, 22 support, maintenance, and miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,048,348 24 b. For the state resource center at Woodward for salaries, 25 support, maintenance, and miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,872,356 27 2. The department may continue to bill for state resource 28 center services utilizing a scope of services approach used for 29 private providers of intermediate care facilities for persons 30 with an intellectual disability services, in a manner which 31 does not shift costs between the medical assistance program, 32 counties, or other sources of funding for the state resource 33 centers. 34 3. The state resource centers may expand the time-limited 35 -50- HF766.2510.S (1) 88 jh 50/ 113
assessment and respite services during the fiscal year. 1 4. If the department’s administration and the department 2 of management concur with a finding by a state resource 3 center’s superintendent that projected revenues can reasonably 4 be expected to pay the salary and support costs for a new 5 employee position, or that such costs for adding a particular 6 number of new positions for the fiscal year would be less 7 than the overtime costs if new positions would not be added, 8 the superintendent may add the new position or positions. If 9 the vacant positions available to a resource center do not 10 include the position classification desired to be filled, the 11 state resource center’s superintendent may reclassify any 12 vacant position as necessary to fill the desired position. The 13 superintendents of the state resource centers may, by mutual 14 agreement, pool vacant positions and position classifications 15 during the course of the fiscal year in order to assist one 16 another in filling necessary positions. 17 5. If existing capacity limitations are reached in 18 operating units, a waiting list is in effect for a service or 19 a special need for which a payment source or other funding 20 is available for the service or to address the special need, 21 and facilities for the service or to address the special need 22 can be provided within the available payment source or other 23 funding, the superintendent of a state resource center may 24 authorize opening not more than two units or other facilities 25 and begin implementing the service or addressing the special 26 need during fiscal year 2019-2020. 27 6. Notwithstanding section 8.33 , and notwithstanding 28 the amount limitation specified in section 222.92 , moneys 29 appropriated in this section that remain unencumbered or 30 unobligated at the close of the fiscal year shall not revert 31 but shall remain available for expenditure for the purposes 32 designated until the close of the succeeding fiscal year. 33 Sec. 26. SEXUALLY VIOLENT PREDATORS. 34 1. a. There is appropriated from the general fund of the 35 -51- HF766.2510.S (1) 88 jh 51/ 113
state to the department of human services for the fiscal year 1 beginning July 1, 2019, and ending June 30, 2020, the following 2 amount, or so much thereof as is necessary, to be used for the 3 purpose designated: 4 For costs associated with the commitment and treatment of 5 sexually violent predators in the unit located at the state 6 mental health institute at Cherokee, including costs of legal 7 services and other associated costs, including salaries, 8 support, maintenance, and miscellaneous purposes, and for not 9 more than the following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,053,093 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 139.00 12 b. The additional full-time equivalent positions authorized 13 in paragraph “a” shall include 7.00 clinical and support staff, 14 or comparable additional, full-time equivalent positions. 15 2. Unless specifically prohibited by law, if the amount 16 charged provides for recoupment of at least the entire amount 17 of direct and indirect costs, the department of human services 18 may contract with other states to provide care and treatment 19 of persons placed by the other states at the unit for sexually 20 violent predators at Cherokee. The moneys received under 21 such a contract shall be considered to be repayment receipts 22 and used for the purposes of the appropriation made in this 23 section. 24 3. Notwithstanding section 8.33 , moneys appropriated in 25 this section that remain unencumbered or unobligated at the 26 close of the fiscal year shall not revert but shall remain 27 available for expenditure for the purposes designated until the 28 close of the succeeding fiscal year. 29 Sec. 27. FIELD OPERATIONS. 30 1. There is appropriated from the general fund of the 31 state to the department of human services for the fiscal year 32 beginning July 1, 2019, and ending June 30, 2020, the following 33 amount, or so much thereof as is necessary, to be used for the 34 purposes designated: 35 -52- HF766.2510.S (1) 88 jh 52/ 113
For field operations, including salaries, support, 1 maintenance, and miscellaneous purposes, and for not more than 2 the following full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,396,906 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,539.00 5 2. The additional full-time equivalent positions authorized 6 in subsection 1 shall include 29.00 full-time equivalent staff 7 positions to relieve caseloads and 6.00 full-time equivalent 8 positions related to the eligibility integrated application 9 solution (ELIAS) system. 10 3. Priority in filling full-time equivalent positions 11 shall be given to those positions related to child protection 12 services and eligibility determination for low-income families. 13 Sec. 28. GENERAL ADMINISTRATION. There is appropriated 14 from the general fund of the state to the department of human 15 services for the fiscal year beginning July 1, 2019, and ending 16 June 30, 2020, the following amount, or so much thereof as is 17 necessary, to be used for the purpose designated: 18 For general administration, including salaries, support, 19 maintenance, and miscellaneous purposes, and for not more than 20 the following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,833,040 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 294.00 23 1. The department shall report at least monthly to the 24 legislative services agency concerning the department’s 25 operational and program expenditures. 26 2. Of the funds appropriated in this section, $150,000 shall 27 be used to continue the contract for the provision of a program 28 to provide technical assistance, support, and consultation to 29 providers of habilitation services and home and community-based 30 services waiver services for adults with disabilities under the 31 medical assistance program. 32 3. Of the funds appropriated in this section, $50,000 33 is transferred to the Iowa finance authority to be used 34 for administrative support of the council on homelessness 35 -53- HF766.2510.S (1) 88 jh 53/ 113
established in section 16.2D and for the council to fulfill its 1 duties in addressing and reducing homelessness in the state. 2 4. Of the funds appropriated in this section, $200,000 shall 3 be transferred to and deposited in the administrative fund of 4 the Iowa ABLE savings plan trust created in section 12I.4 , to 5 be used for implementation and administration activities of the 6 Iowa ABLE savings plan trust. 7 5. Of the funds appropriated in this section, $200,000 is 8 transferred to the economic development authority for the Iowa 9 commission on volunteer services to continue to be used for 10 RefugeeRISE AmeriCorps program established under section 15H.8 11 for member recruitment and training to improve the economic 12 well-being and health of economically disadvantaged refugees in 13 local communities across Iowa. Funds transferred may be used 14 to supplement federal funds under federal regulations. 15 6. Of the funds appropriated in this section, up to $300,000 16 shall be used as follows: 17 a. To fund not more than one full-time equivalent position 18 to address the department’s responsibility to support the work 19 of the children’s system state board and implementation of the 20 services required pursuant to 2018 Iowa Acts, chapter 1056, 21 section 13. 22 b. To support the cost of establishing and implementing new 23 or additional services required pursuant to 2018 Iowa Acts, 24 chapter 1056, and any legislation enacted by the 2019 general 25 assembly establishing a children’s behavioral health system. 26 c. Of the amount allocated, $32,000 shall be transferred 27 to the department of public health to support the costs of 28 establishing and implementing new or additional services 29 required pursuant to 2018 Iowa Acts, chapter 1056, and any 30 legislation enacted by the 2019 general assembly establishing a 31 children’s behavioral health system. 32 Sec. 29. DEPARTMENT-WIDE DUTIES. There is appropriated 33 from the general fund of the state to the department of human 34 services for the fiscal year beginning July 1, 2019, and ending 35 -54- HF766.2510.S (1) 88 jh 54/ 113
June 30, 2020, the following amount, or so much thereof as is 1 necessary, to be used for the purposes designated: 2 For salaries, support, maintenance, and miscellaneous 3 purposes at facilities under the purview of the department of 4 human services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,879,274 6 Sec. 30. VOLUNTEERS. There is appropriated from the general 7 fund of the state to the department of human services for the 8 fiscal year beginning July 1, 2019, and ending June 30, 2020, 9 the following amount, or so much thereof as is necessary, to be 10 used for the purpose designated: 11 For development and coordination of volunteer services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,686 13 Sec. 31. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 14 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 15 DEPARTMENT OF HUMAN SERVICES. 16 1. a. (1) (a) For the fiscal year beginning July 1, 17 2019, the department shall rebase case-mix nursing facility 18 rates effective July 1, 2019, to the extent possible within the 19 state funding, including the $23,401,942, appropriated for this 20 purpose. 21 (b) For the fiscal year beginning July 1, 2019, non-case-mix 22 and special population nursing facilities shall be reimbursed 23 in accordance with the methodology in effect on June 30 of the 24 prior fiscal year. 25 (c) For managed care claims, the department of human 26 services shall adjust the payment rate floor for nursing 27 facilities, annually, to maintain a rate floor that is no 28 lower than the Medicaid fee-for-service case-mix adjusted 29 rate calculated in accordance with subparagraph division 30 (a) and 441 IAC 81.6 . The department shall then calculate 31 adjusted reimbursement rates, including but not limited to 32 add-on-payments, annually, and shall notify Medicaid managed 33 care organizations of the adjusted reimbursement rates within 34 30 days of determining the adjusted reimbursement rates. Any 35 -55- HF766.2510.S (1) 88 jh 55/ 113
adjustment of reimbursement rates under this subparagraph 1 division shall be budget neutral to the state budget. 2 (d) For the fiscal year beginning July 1, 2019, Medicaid 3 managed care long-term services and supports capitation 4 rates shall be adjusted to reflect the rebasing pursuant to 5 subparagraph division (a) for the patient populations residing 6 in Medicaid-certified nursing facilities. 7 (2) Medicaid managed care organizations shall adjust 8 facility-specific rates based upon payment rate listings issued 9 by the department. The rate adjustments shall be applied 10 prospectively from the effective date of the rate letter issued 11 by the department. 12 b. (1) For the fiscal year beginning July 1, 2019, 13 the department shall establish the pharmacy dispensing fee 14 reimbursement at $10.07 per prescription, until a cost of 15 dispensing survey is completed. The actual dispensing fee 16 shall be determined by a cost of dispensing survey performed 17 by the department and required to be completed by all medical 18 assistance program participating pharmacies every two years, 19 adjusted as necessary to maintain expenditures within the 20 amount appropriated to the department for this purpose for the 21 fiscal year. 22 (2) The department shall utilize an average acquisition 23 cost reimbursement methodology for all drugs covered under the 24 medical assistance program in accordance with 2012 Iowa Acts, 25 chapter 1133, section 33 . 26 c. (1) For the fiscal year beginning July 1, 2019, 27 reimbursement rates for outpatient hospital services shall 28 remain at the rates in effect on June 30, 2019, subject to 29 Medicaid program upper payment limit rules, and adjusted 30 as necessary to maintain expenditures within the amount 31 appropriated to the department for this purpose for the fiscal 32 year. 33 (2) For the fiscal year beginning July 1, 2019, 34 reimbursement rates for inpatient hospital services shall 35 -56- HF766.2510.S (1) 88 jh 56/ 113
remain at the rates in effect on June 30, 2019, subject to 1 Medicaid program upper payment limit rules, and adjusted 2 as necessary to maintain expenditures within the amount 3 appropriated to the department for this purpose for the fiscal 4 year. 5 (3) For the fiscal year beginning July 1, 2019, under 6 both fee-for-service and managed care administration of the 7 Medicaid program, critical access hospitals shall be reimbursed 8 for inpatient and outpatient services based on a critical 9 access hospital adjustment factor methodology developed by 10 the department. The adjustment factor methodology shall 11 be hospital-specific, shall be based on the most recent 12 and complete cost reporting period, and shall be applied 13 prospectively within the funds appropriated for such purpose 14 for the fiscal year. Implementation of the critical access 15 hospital adjustment factor methodology shall be contingent 16 on the department’s receipt of approval from the centers for 17 Medicare and Medicaid services of the United States department 18 of health and human services. 19 (4) For the fiscal year beginning July 1, 2019, the graduate 20 medical education and disproportionate share hospital fund 21 shall remain at the amount in effect on June 30, 2019, except 22 that the portion of the fund attributable to graduate medical 23 education shall be reduced in an amount that reflects the 24 elimination of graduate medical education payments made to 25 out-of-state hospitals. 26 (5) In order to ensure the efficient use of limited state 27 funds in procuring health care services for low-income Iowans, 28 funds appropriated in this Act for hospital services shall 29 not be used for activities which would be excluded from a 30 determination of reasonable costs under the federal Medicare 31 program pursuant to 42 U.S.C. §1395x(v)(1)(N). 32 d. For the fiscal year beginning July 1, 2019, reimbursement 33 rates for hospices and acute psychiatric hospitals shall be 34 increased in accordance with increases under the federal 35 -57- HF766.2510.S (1) 88 jh 57/ 113
Medicare program or as supported by their Medicare audited 1 costs. 2 e. For the fiscal year beginning July 1, 2019, independent 3 laboratories and rehabilitation agencies shall be reimbursed 4 using the same methodology in effect on June 30, 2019. 5 f. (1) For the fiscal year beginning July 1, 2019, 6 reimbursement rates for home health agencies shall continue to 7 be based on the Medicare low utilization payment adjustment 8 (LUPA) methodology with state geographic wage adjustments. 9 The department shall continue to update the rates every two 10 years to reflect the most recent Medicare LUPA rates to the 11 extent possible within the state funding appropriated for this 12 purpose. 13 (2) For the fiscal year beginning July 1, 2019, rates for 14 private duty nursing and personal care services under the early 15 and periodic screening, diagnostic, and treatment program 16 benefit shall be calculated based on the methodology in effect 17 on June 30, 2019. 18 g. For the fiscal year beginning July 1, 2019, federally 19 qualified health centers and rural health clinics shall receive 20 cost-based reimbursement for 100 percent of the reasonable 21 costs for the provision of services to recipients of medical 22 assistance. 23 h. For the fiscal year beginning July 1, 2019, the 24 reimbursement rates for dental services shall remain at the 25 rates in effect on June 30, 2019. 26 i. (1) For the fiscal year beginning July 1, 2019, 27 reimbursement rates for non-state-owned psychiatric medical 28 institutions for children shall be based on the reimbursement 29 methodology in effect on June 30, 2019. 30 (2) As a condition of participation in the medical 31 assistance program, enrolled providers shall accept the medical 32 assistance reimbursement rate for any covered goods or services 33 provided to recipients of medical assistance who are children 34 under the custody of a psychiatric medical institution for 35 -58- HF766.2510.S (1) 88 jh 58/ 113
children. 1 j. For the fiscal year beginning July 1, 2019, unless 2 otherwise specified in this Act, all noninstitutional medical 3 assistance provider reimbursement rates shall remain at the 4 rates in effect on June 30, 2019, except for area education 5 agencies, local education agencies, infant and toddler 6 services providers, home and community-based services providers 7 including consumer-directed attendant care providers under a 8 section 1915(c) or 1915(i) waiver, targeted case management 9 providers, and those providers whose rates are required to be 10 determined pursuant to section 249A.20 , or to meet federal 11 mental health parity requirements. 12 k. Notwithstanding any provision to the contrary, for the 13 fiscal year beginning July 1, 2019, the reimbursement rate for 14 anesthesiologists shall remain at the rates in effect on June 15 30, 2019, and updated on January 1, 2020, to align with the 16 most current Iowa Medicare anesthesia rate. 17 l. Notwithstanding section 249A.20 , for the fiscal year 18 beginning July 1, 2019, the average reimbursement rate for 19 health care providers eligible for use of the federal Medicare 20 resource-based relative value scale reimbursement methodology 21 under section 249A.20 shall remain at the rate in effect on 22 June 30, 2019; however, this rate shall not exceed the maximum 23 level authorized by the federal government. 24 m. For the fiscal year beginning July 1, 2019, the 25 reimbursement rate for residential care facilities shall not 26 be less than the minimum payment level as established by the 27 federal government to meet the federally mandated maintenance 28 of effort requirement. The flat reimbursement rate for 29 facilities electing not to file annual cost reports shall not 30 be less than the minimum payment level as established by the 31 federal government to meet the federally mandated maintenance 32 of effort requirement. 33 n. For the fiscal year beginning July 1, 2019, the 34 reimbursement rates for inpatient mental health services 35 -59- HF766.2510.S (1) 88 jh 59/ 113
provided at hospitals shall remain at the rates in effect on 1 June 30, 2019, subject to Medicaid program upper payment limit 2 rules; and psychiatrists shall be reimbursed at the medical 3 assistance program fee-for-service rate in effect on June 30, 4 2019. 5 o. For the fiscal year beginning July 1, 2019, community 6 mental health centers may choose to be reimbursed for the 7 services provided to recipients of medical assistance through 8 either of the following options: 9 (1) For 100 percent of the reasonable costs of the services. 10 (2) In accordance with the alternative reimbursement rate 11 methodology approved by the department of human services in 12 effect on June 30, 2019. 13 p. For the fiscal year beginning July 1, 2019, the 14 reimbursement rate for providers of family planning services 15 that are eligible to receive a 90 percent federal match shall 16 remain at the rates in effect on June 30, 2019. 17 q. Unless otherwise subject to a tiered rate methodology, 18 for the fiscal year beginning July 1, 2019, the upper 19 limits and reimbursement rates for providers of home and 20 community-based services waiver services shall be reimbursed 21 using the reimbursement methodology in effect on June 30, 2019. 22 r. For the fiscal year beginning July 1, 2019, the 23 reimbursement rates for emergency medical service providers 24 shall remain at the rates in effect on June 30, 2019, or as 25 approved by the centers for Medicare and Medicaid services of 26 the United States department of health and human services. 27 s. For the fiscal year beginning July 1, 2019, reimbursement 28 rates for substance-related disorder treatment programs 29 licensed under section 125.13 shall remain at the rates in 30 effect on June 30, 2019. 31 t. For the fiscal year beginning July 1, 2019, assertive 32 community treatment per diem rates shall be adjusted to reflect 33 an actual average per diem cost within the additional $211,332 34 appropriated for this purpose. 35 -60- HF766.2510.S (1) 88 jh 60/ 113
2. For the fiscal year beginning July 1, 2019, the 1 reimbursement rate for providers reimbursed under the 2 in-home-related care program shall not be less than the minimum 3 payment level as established by the federal government to meet 4 the federally mandated maintenance of effort requirement. 5 3. Unless otherwise directed in this section, when the 6 department’s reimbursement methodology for any provider 7 reimbursed in accordance with this section includes an 8 inflation factor, this factor shall not exceed the amount 9 by which the consumer price index for all urban consumers 10 increased during the calendar year ending December 31, 2002. 11 4. Notwithstanding section 234.38 , for the fiscal 12 year beginning July 1, 2019, the foster family basic daily 13 maintenance rate and the maximum adoption subsidy rate for 14 children ages 0 through 5 years shall be $16.78, the rate for 15 children ages 6 through 11 years shall be $17.45, the rate for 16 children ages 12 through 15 years shall be $19.10, and the 17 rate for children and young adults ages 16 and older shall 18 be $19.35. For youth ages 18 to 21 who have exited foster 19 care, the preparation for adult living program maintenance rate 20 shall be $602.70 per month. The maximum payment for adoption 21 subsidy nonrecurring expenses shall be limited to $500 and the 22 disallowance of additional amounts for court costs and other 23 related legal expenses implemented pursuant to 2010 Iowa Acts, 24 chapter 1031, section 408 , shall be continued. 25 5. For the fiscal year beginning July 1, 2019, the maximum 26 reimbursement rates for social services providers under 27 contract shall remain at the rates in effect on June 30, 2019, 28 or the provider’s actual and allowable cost plus inflation for 29 each service, whichever is less. However, if a new service 30 or service provider is added after June 30, 2019, the initial 31 reimbursement rate for the service or provider shall be based 32 upon a weighted average of provider rates for similar services. 33 6. a. For the fiscal year beginning July 1, 2019, the 34 reimbursement rates for resource family recruitment and 35 -61- HF766.2510.S (1) 88 jh 61/ 113
retention contractors shall be established by contract. 1 b. For the fiscal year beginning July 1, 2019, the 2 reimbursement rates for supervised apartment living foster care 3 providers shall be established by contract. 4 7. For the fiscal year beginning July 1, 2019, the 5 reimbursement rate for group foster care providers shall be the 6 combined service and maintenance reimbursement rate established 7 by contract. 8 8. The group foster care reimbursement rates paid for 9 placement of children out of state shall be calculated 10 according to the same rate-setting principles as those used for 11 in-state providers, unless the director of human services or 12 the director’s designee determines that appropriate care cannot 13 be provided within the state. The payment of the daily rate 14 shall be based on the number of days in the calendar month in 15 which service is provided. 16 9. a. For the fiscal year beginning July 1, 2019, the 17 reimbursement rate paid for shelter care and the child welfare 18 emergency services implemented to provide or prevent the need 19 for shelter care shall be established by contract. 20 b. For the fiscal year beginning July 1, 2019, the combined 21 service and maintenance components of the reimbursement rate 22 paid for shelter care services shall be based on the financial 23 and statistical report submitted to the department. The 24 maximum reimbursement rate shall be $101.83 per day. The 25 department shall reimburse a shelter care provider at the 26 provider’s actual and allowable unit cost, plus inflation, not 27 to exceed the maximum reimbursement rate. 28 c. Notwithstanding section 232.141, subsection 8 , for the 29 fiscal year beginning July 1, 2019, the amount of the statewide 30 average of the actual and allowable rates for reimbursement of 31 juvenile shelter care homes that is utilized for the limitation 32 on recovery of unpaid costs shall remain at the amount in 33 effect for this purpose in the fiscal year beginning July 1, 34 2018. 35 -62- HF766.2510.S (1) 88 jh 62/ 113
10. For the fiscal year beginning July 1, 2019, the 1 department shall calculate reimbursement rates for intermediate 2 care facilities for persons with an intellectual disability 3 at the 80th percentile. Beginning July 1, 2019, the rate 4 calculation methodology shall utilize the consumer price index 5 inflation factor applicable to the fiscal year beginning July 6 1, 2019. 7 11. Effective July 1, 2019, the child care provider 8 reimbursement rates shall remain at the rates in effect on June 9 30, 2019. The department shall set rates in a manner so as 10 to provide incentives for a nonregistered provider to become 11 registered by applying any increase only to registered and 12 licensed providers. 13 12. The department may adopt emergency rules to implement 14 this section. 15 Sec. 32. CONTRACTED SERVICES —— PROHIBITED USE OF STATE 16 FUNDING FOR LOBBYING. 17 1. The department shall submit a report to the individuals 18 identified in this Act for submission of reports by December 19 15, 2019, regarding the outcomes of any program or activity for 20 which funding is appropriated or allocated from the general 21 fund of the state to the department under this division of this 22 Act, and for which a request for proposals process is required. 23 2. The department shall incorporate into the general 24 conditions applicable to all award documents involving funding 25 appropriated or allocated from the general fund of the state to 26 the department under this division of this Act, a prohibition 27 against the use of such funding for the compensation of a 28 lobbyist. For the purposes of this section, “lobbyist” means 29 the same as defined in section 68B.2; however, “lobbyist” 30 does not include a person employed by a state agency of the 31 executive branch of state government who represents the agency 32 relative to the passage, defeat, approval, or modification of 33 legislation that is being considered by the general assembly. 34 Sec. 33. EMERGENCY RULES. 35 -63- HF766.2510.S (1) 88 jh 63/ 113
1. If specifically authorized by a provision of this 1 division of this Act, the department of human services or 2 the mental health and disability services commission may 3 adopt administrative rules under section 17A.4, subsection 4 3 , and section 17A.5, subsection 2 , paragraph “b”, to 5 implement the provisions of this division of this Act and 6 the rules shall become effective immediately upon filing or 7 on a later effective date specified in the rules, unless the 8 effective date of the rules is delayed or the applicability 9 of the rules is suspended by the administrative rules review 10 committee. Any rules adopted in accordance with this section 11 shall not take effect before the rules are reviewed by the 12 administrative rules review committee. The delay authority 13 provided to the administrative rules review committee under 14 section 17A.4, subsection 7 , and section 17A.8, subsection 9 , 15 shall be applicable to a delay imposed under this section, 16 notwithstanding a provision in those sections making them 17 inapplicable to section 17A.5, subsection 2 , paragraph “b”. 18 Any rules adopted in accordance with the provisions of this 19 section shall also be published as a notice of intended action 20 as provided in section 17A.4 . 21 2. If during a fiscal year, the department of human 22 services is adopting rules in accordance with this section 23 or as otherwise directed or authorized by state law, and the 24 rules will result in an expenditure increase beyond the amount 25 anticipated in the budget process or if the expenditure was 26 not addressed in the budget process for the fiscal year, the 27 department shall notify the persons designated by this division 28 of this Act for submission of reports, the chairpersons and 29 ranking members of the committees on appropriations, and 30 the department of management concerning the rules and the 31 expenditure increase. The notification shall be provided at 32 least 30 calendar days prior to the date notice of the rules 33 is submitted to the administrative rules coordinator and the 34 administrative code editor. 35 -64- HF766.2510.S (1) 88 jh 64/ 113
Sec. 34. REPORTS. Any reports or other information 1 required to be compiled and submitted under this Act during the 2 fiscal year beginning July 1, 2019, shall be submitted to the 3 chairpersons and ranking members of the joint appropriations 4 subcommittee on health and human services, the legislative 5 services agency, and the legislative caucus staffs on or 6 before the dates specified for submission of the reports or 7 information. 8 Sec. 35. EFFECTIVE UPON ENACTMENT. The following 9 provisions of this division of this Act, being deemed of 10 immediate importance, take effect upon enactment: 11 1. The provision relating to section 232.141 and directing 12 the state court administrator and the division administrator of 13 the department of human services division of child and family 14 services to make the determination, by June 15, 2019, of the 15 distribution of funds allocated for the payment of the expenses 16 of court-ordered services provided to juveniles which are a 17 charge upon the state. 18 DIVISION VI 19 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2019-2020 20 Sec. 36. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 21 appropriated from the pharmaceutical settlement account created 22 in section 249A.33 to the department of human services for the 23 fiscal year beginning July 1, 2019, and ending June 30, 2020, 24 the following amount, or so much thereof as is necessary, to be 25 used for the purpose designated: 26 Notwithstanding any provision of law to the contrary, to 27 supplement the appropriations made in this Act for medical 28 contracts under the medical assistance program for the fiscal 29 year beginning July 1, 2019, and ending June 30, 2020: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,193 31 Sec. 37. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 32 SERVICES. Notwithstanding any provision to the contrary and 33 subject to the availability of funds, there is appropriated 34 from the quality assurance trust fund created in section 35 -65- HF766.2510.S (1) 88 jh 65/ 113
249L.4 to the department of human services for the fiscal year 1 beginning July 1, 2019, and ending June 30, 2020, the following 2 amounts, or so much thereof as is necessary, for the purposes 3 designated: 4 To supplement the appropriation made in this Act from the 5 general fund of the state to the department of human services 6 for medical assistance for the same fiscal year: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58,570,397 8 Sec. 38. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 9 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 10 the contrary and subject to the availability of funds, there is 11 appropriated from the hospital health care access trust fund 12 created in section 249M.4 to the department of human services 13 for the fiscal year beginning July 1, 2019, and ending June 14 30, 2020, the following amounts, or so much thereof as is 15 necessary, for the purposes designated: 16 To supplement the appropriation made in this Act from the 17 general fund of the state to the department of human services 18 for medical assistance for the same fiscal year: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,920,554 20 Sec. 39. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 21 FOR FY 2019-2020. Notwithstanding section 8.33 , if moneys 22 appropriated for purposes of the medical assistance program for 23 the fiscal year beginning July 1, 2019, and ending June 30, 24 2020, from the general fund of the state, the quality assurance 25 trust fund and the hospital health care access trust fund, are 26 in excess of actual expenditures for the medical assistance 27 program and remain unencumbered or unobligated at the close 28 of the fiscal year, the excess moneys shall not revert but 29 shall remain available for expenditure for the purposes of the 30 medical assistance program until the close of the succeeding 31 fiscal year. 32 DIVISION VII 33 GRADUATED SANCTION, COURT-ORDERED, AND GROUP FOSTER CARE 34 SERVICES AND FUNDING WORK GROUP 35 -66- HF766.2510.S (1) 88 jh 66/ 113
Sec. 40. GRADUATED SANCTION, COURT-ORDERED, AND GROUP 1 FOSTER CARE SERVICES AND FUNDING WORK GROUP. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Court-ordered services” means the defined or specific 5 care and treatment that is ordered by the court for an eligible 6 child and for which no other payment source is available to 7 cover the cost. 8 b. “Department” means the department of human services. 9 c. “Eligible child” means a child who has been adjudicated 10 delinquent, is at risk, or has been certified by the chief 11 juvenile court officer as eligible for court-ordered services. 12 d. “Graduated sanction services” includes community-based 13 interventions, school-based supervision, and supportive 14 enhancements provided in community-based settings to an 15 eligible child who is adjudicated delinquent or who is at risk 16 of adjudication. 17 2. The division of criminal and juvenile justice planning 18 of the department of human rights shall convene and provide 19 administrative support to a work group to review and develop 20 a plan to transfer the administration of graduated sanctions 21 and court-ordered services and funding and the oversight of 22 group foster care placements for eligible children from the 23 department to the office of the state court administrator. 24 The plan shall ensure that the office of the state court 25 administrator has the capacity, resources, and expertise to 26 manage the funding and services effectively. 27 3. a. In addition to a representative of the division of 28 criminal and juvenile justice planning of the department of 29 human rights, the membership of the work group shall include 30 but is not limited to representatives of all of the following: 31 (1) The judicial branch, including the state court 32 administrator or the state court administrator’s designee, 33 a juvenile court judge, at least one chief juvenile court 34 officer, and a representative with fiscal and contract 35 -67- HF766.2510.S (1) 88 jh 67/ 113
experience. 1 (2) The department of human services, including 2 representatives with experience managing graduated sanctions 3 funding and group foster care placements. 4 (3) The department of justice. 5 (4) The juvenile justice advisory committee. 6 (5) Member and nonmember agencies of the coalition for 7 family and children’s services in Iowa. 8 (6) Providers of community-based services for eligible 9 children. 10 (7) Providers of group foster care. 11 (8) Attorneys who represent children in juvenile justice 12 proceedings. 13 (9) County attorneys. 14 (10) Federal Title IV-E funding and services subject matter 15 experts. 16 (11) Individuals who formerly received services as eligible 17 children or their parents. 18 b. In addition, the work group membership shall include 19 four members of the general assembly. The legislative members 20 shall serve as ex officio, nonvoting members of the work group, 21 with one member to be appointed by each of the following: the 22 majority leader of the senate, the minority leader of the 23 senate, the speaker of the house of representatives, and the 24 minority leader of the house of representatives. 25 c. In addition to the members specified, the division 26 of criminal and juvenile justice planning may include other 27 stakeholders with interest or expertise on the work group. 28 d. Any expenses incurred by a member of the work group 29 shall be the responsibility of the individual member or the 30 respective entity represented by the member. 31 4. The work group shall do all of the following: 32 a. Develop an action plan to transfer the administration 33 of juvenile court graduated sanction services, court-ordered 34 services, and associated funding from the department to the 35 -68- HF766.2510.S (1) 88 jh 68/ 113
office of the state court administrator or other appropriate 1 state entity. 2 b. Develop an action plan to transfer the oversight of 3 group foster care services for eligible children from the 4 department to the office of the state court administrator or 5 other appropriate state entity with the necessary expertise to 6 provide such services. 7 c. Develop an action plan to transfer administration of the 8 juvenile detention home fund created in section 232.142 from 9 the department to the office of the state court administrator 10 or other appropriate state entity. 11 d. Evaluate current resources to determine the most 12 efficient means of suitably equipping the office of the state 13 court administrator or other appropriate state entity with 14 the policies and legal authority; staffing; contracting, 15 procurement, data, and quality assurance capabilities; 16 and other resources necessary to manage such funds and 17 associated services effectively. The evaluation shall 18 require collaboration with the department to manage transition 19 activities. 20 e. Recommend statutory and administrative policies and 21 court rules to promote collaborative case planning and quality 22 assurance between the department and juvenile court services 23 for youth who may be involved in both the child welfare and 24 juvenile justice systems or who may utilize the same providers 25 or services. 26 f. Determine the impact and role of the federal Family 27 First Prevention Services Act relative to the various funding 28 streams and services under the purview of the work group, and 29 recommend statutory and administrative policies and rules to 30 coordinate the duties of the work group with implementation and 31 administration of the federal Act. 32 g. Determine the role of the decategorization of child 33 welfare and juvenile justice funding initiative pursuant 34 to section 232.188 relative to the other funding streams 35 -69- HF766.2510.S (1) 88 jh 69/ 113
and services under the purview of the work group, and make 1 recommendations regarding the future of the initiative 2 including the potential transfer of administration of the 3 initiative from the department to the office of the state court 4 administrator or other appropriate state entity. 5 h. Consult with other state juvenile court systems and 6 subject matter experts to review administration of similar 7 programs, to glean information on lessons learned and best 8 practices, and to determine the types of community and 9 residential services that have demonstrated effectiveness for 10 eligible children. 11 5. The division of criminal and juvenile justice planning 12 of the department of human rights shall submit a report of the 13 findings and recommendations of the work group, including a 14 plan to implement the recommendations by July 1, 2021, to the 15 governor and the general assembly by December 15, 2019. 16 DIVISION VIII 17 CO-OCCURRING CONDITIONS —— ENHANCED DELIVERY OF SERVICES REVIEW 18 Sec. 41. REVIEW TO PROVIDE ENHANCED DELIVERY OF SERVICES 19 FOR CO-OCCURRING CONDITIONS. The director of the department 20 of public health and the director of the department of human 21 services shall develop recommendations for the enhanced 22 delivery of co-occurring conditions services. The directors 23 shall examine the current service delivery system to identify 24 opportunities for reducing the administrative burden on the 25 departments and providers, evaluate the use of an integrated 26 helpline and website and improvements in data collection 27 and sharing of outcomes, and create a structure for ongoing 28 collaboration. The directors shall submit a report including 29 findings, a five-year plan to address co-occurring conditions 30 across provider types and payors, and other recommendations to 31 the governor and general assembly by December 15, 2019. 32 DIVISION IX 33 MEDICAID MANAGED CARE CONTRACTS 34 Sec. 42. MEDICAID MANAGED CARE CONTRACTS —— NOTIFICATION 35 -70- HF766.2510.S (1) 88 jh 70/ 113
TO GENERAL ASSEMBLY. The department of human services shall 1 notify the chairpersons and ranking members of the joint 2 appropriations subcommittee on health and human services, the 3 legislative services agency, and the legislative caucus staffs 4 as follows: 5 1. Within thirty days of the execution of a Medicaid managed 6 care contract or amendment to a Medicaid managed care contract. 7 2. Within thirty days of the determination by the 8 department during each measurement year whether to return the 9 incentive payment withhold amount to the Medicaid managed care 10 organization based upon performance and the criteria used in 11 making the determination. 12 DIVISION X 13 IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING 14 Sec. 43. IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING. The 15 department on aging and the department of human services shall 16 continue to collaborate to develop a cost allocation plan 17 requesting Medicaid administrative funding to provide for the 18 claiming of federal financial participation for aging and 19 disability resource center activities that are performed to 20 assist with administration of the Medicaid program. By January 21 1, 2021, the department of human services shall submit to 22 the centers for Medicare and Medicaid services of the United 23 States department of health and human services any Medicaid 24 state plan amendment as necessary and shall enter into any 25 interagency agreement with the department on aging to implement 26 this section. 27 DIVISION XI 28 DECATEGORIZATION FY 2017 CARRYOVER FUNDING 29 Sec. 44. DECATEGORIZATION CARRYOVER FUNDING FY 2017 —— 30 TRANSFER TO MEDICAID PROGRAM. Notwithstanding section 232.188, 31 subsection 5, paragraph “b”, any state-appropriated moneys in 32 the funding pool that remained unencumbered or unobligated 33 at the close of the fiscal year beginning July 1, 2016, and 34 were deemed carryover funding to remain available for the two 35 -71- HF766.2510.S (1) 88 jh 71/ 113
succeeding fiscal years that still remain unencumbered or 1 unobligated at the close of the fiscal year beginning July 1, 2 2018, shall not revert but shall be transferred to the medical 3 assistance program for the fiscal year beginning July 1, 2019. 4 Sec. 45. EFFECTIVE DATE. This division of this Act, being 5 deemed of immediate importance, takes effect upon enactment. 6 Sec. 46. RETROACTIVE APPLICABILITY. This division of this 7 Act applies retroactively to July 1, 2018. 8 DIVISION XII 9 PRIOR APPROPRIATIONS AND OTHER PROVISIONS 10 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) 11 Sec. 47. 2017 Iowa Acts, chapter 174, section 45, as amended 12 by 2018 Iowa Acts, chapter 1165, section 10, is amended to read 13 as follows: 14 SEC. 45. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 15 GRANT. There is appropriated from the fund created in section 16 8.41 to the department of human services for the fiscal year 17 beginning July 1, 2018, and ending June 30, 2019, from moneys 18 received under the federal temporary assistance for needy 19 families (TANF) block grant pursuant to the federal Personal 20 Responsibility and Work Opportunity Reconciliation Act of 1996, 21 Pub. L. No. 104-193, and successor legislation, the following 22 amounts, or so much thereof as is necessary, to be used for the 23 purposes designated: 24 1. To be credited to the family investment program account 25 and used for assistance under the family investment program 26 under chapter 239B : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,539,006 28 4,025,108 29 2. To be credited to the family investment program account 30 and used for the job opportunities and basic skills (JOBS) 31 program and implementing family investment agreements in 32 accordance with chapter 239B : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,412,060 34 5,192,060 35 -72- HF766.2510.S (1) 88 jh 72/ 113
3. To be used for the family development and 1 self-sufficiency grant program in accordance with section 2 216A.107 : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,883,980 4 2,898,980 5 Notwithstanding section 8.33 , moneys appropriated in this 6 subsection that remain unencumbered or unobligated at the close 7 of the fiscal year shall not revert but shall remain available 8 for expenditure for the purposes designated until the close of 9 the succeeding fiscal year. However, unless such moneys are 10 encumbered or obligated on or before September 30, 2019, the 11 moneys shall revert. 12 4. For field operations: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 14 32,465,681 15 5. For general administration: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 17 6. For state child care assistance: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,166,826 19 a. Of the funds appropriated in this subsection, 20 $26,205,412 is transferred to the child care and development 21 block grant appropriation made by the Eighty-seventh General 22 Assembly, 2018 session, for the federal fiscal year beginning 23 October 1, 2018, and ending September 30, 2019. Of this 24 amount, $200,000 shall be used for provision of educational 25 opportunities to registered child care home providers in order 26 to improve services and programs offered by this category 27 of providers and to increase the number of providers. The 28 department may contract with institutions of higher education 29 or child care resource and referral centers to provide 30 the educational opportunities. Allowable administrative 31 costs under the contracts shall not exceed 5 percent. The 32 application for a grant shall not exceed two pages in length. 33 b. Any funds appropriated in this subsection remaining 34 unallocated shall be used for state child care assistance 35 -73- HF766.2510.S (1) 88 jh 73/ 113
payments for families who are employed including but not 1 limited to individuals enrolled in the family investment 2 program. 3 7. For child and family services: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 5 8. For child abuse prevention grants: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 7 9. For pregnancy prevention grants on the condition that 8 family planning services are funded: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,913,203 10 1,890,203 11 Pregnancy prevention grants shall be awarded to programs 12 in existence on or before July 1, 2018, if the programs have 13 demonstrated positive outcomes. Grants shall be awarded to 14 pregnancy prevention programs which are developed after July 15 1, 2018, if the programs are based on existing models that 16 have demonstrated positive outcomes. Grants shall comply with 17 the requirements provided in 1997 Iowa Acts, chapter 208, 18 section 14, subsections 1 and 2 , including the requirement that 19 grant programs must emphasize sexual abstinence. Priority in 20 the awarding of grants shall be given to programs that serve 21 areas of the state which demonstrate the highest percentage of 22 unplanned pregnancies of females of childbearing age within the 23 geographic area to be served by the grant. 24 10. For technology needs and other resources necessary 25 to meet federal welfare reform reporting, tracking, and case 26 management requirements: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 28 862,186 29 11. a. Notwithstanding any provision to the contrary, 30 including but not limited to requirements in section 8.41 or 31 provisions in 2017 or 2018 Iowa Acts regarding the receipt and 32 appropriation of federal block grants, federal funds from the 33 temporary assistance for needy families block grant received by 34 the state and not otherwise appropriated in this section and 35 -74- HF766.2510.S (1) 88 jh 74/ 113
remaining available for the fiscal year beginning July 1, 2018, 1 are appropriated to the department of human services to the 2 extent as may be necessary to be used in the following priority 3 order: the family investment program, for state child care 4 assistance program payments for families who are employed, and 5 for the family investment program share of system costs for 6 eligibility determination and related functions. The federal 7 funds appropriated in this paragraph “a” shall be expended 8 only after all other funds appropriated in subsection 1 for 9 assistance under the family investment program, in subsection 6 10 for child care assistance, or in subsection 10 for technology 11 costs related to the family investment program, as applicable, 12 have been expended. For the purposes of this subsection, the 13 funds appropriated in subsection 6, paragraph “a”, for transfer 14 to the child care and development block grant appropriation 15 are considered fully expended when the full amount has been 16 transferred. 17 b. The department shall, on a quarterly basis, advise the 18 legislative services agency and department of management of 19 the amount of funds appropriated in this subsection that was 20 expended in the prior quarter. 21 12. Of the amounts appropriated in this section, 22 $12,962,008 for the fiscal year beginning July 1, 2018, is 23 transferred to the appropriation of the federal social services 24 block grant made to the department of human services for that 25 fiscal year. 26 13. For continuation of the program providing categorical 27 eligibility for the food assistance program as specified 28 for the program in the section of this division of this Act 29 relating to the family investment program account: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,236 31 13,000 32 14. The department may transfer funds allocated in this 33 section to the appropriations made in this division of this Act 34 for the same fiscal year for general administration and field 35 -75- HF766.2510.S (1) 88 jh 75/ 113
operations for resources necessary to implement and operate the 1 services referred to in this section and those funded in the 2 appropriation made in this division of this Act for the same 3 fiscal year for the family investment program from the general 4 fund of the state. 5 15. With the exception of moneys allocated under this 6 section for the family development and self-sufficiency grant 7 program, to the extent moneys allocated in this section are 8 deemed by the department not to be necessary to support the 9 purposes for which they are allocated, such moneys may be 10 used in the same fiscal year for any other purpose for which 11 funds are allocated in this section or in section 7 of this 12 division for the family investment program account. If there 13 are conflicting needs, priority shall first be given to the 14 family investment program account as specified under subsection 15 1 of this section and used for the purposes of assistance under 16 the family investment program under chapter 239B , followed by 17 state child care assistance program payments for families who 18 are employed, followed by other priorities as specified by the 19 department. 20 FAMILY INVESTMENT PROGRAM ADJUSTMENTS 21 Sec. 48. 2017 Iowa Acts, chapter 174, section 46, subsection 22 4, as amended by 2018 Iowa Acts, chapter 1165, section 11, is 23 amended to read as follows: 24 4. Moneys appropriated in this division of this Act and 25 credited to the FIP account for the fiscal year beginning July 26 1, 2018, and ending June 30, 2019, are allocated as follows: 27 a. To be retained by the department of human services to 28 be used for coordinating with the department of human rights 29 to more effectively serve participants in FIP and other shared 30 clients and to meet federal reporting requirements under the 31 federal temporary assistance for needy families block grant: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000 33 20,000 34 b. To the department of human rights for staffing, 35 -76- HF766.2510.S (1) 88 jh 76/ 113
administration, and implementation of the family development 1 and self-sufficiency grant program in accordance with section 2 216A.107 : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,192,834 4 (1) Of the funds allocated for the family development 5 and self-sufficiency grant program in this paragraph “b”, 6 not more than 5 percent of the funds shall be used for the 7 administration of the grant program. 8 (2) The department of human rights may continue to implement 9 the family development and self-sufficiency grant program 10 statewide during fiscal year 2018-2019. 11 (3) The department of human rights may engage in activities 12 to strengthen and improve family outcomes measures and 13 data collection systems under the family development and 14 self-sufficiency grant program. 15 c. For the diversion subaccount of the FIP account: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 749,694 17 815,000 18 A portion of the moneys allocated for the subaccount may 19 be used for field operations, salaries, data management 20 system development, and implementation costs and support 21 deemed necessary by the director of human services in order to 22 administer the FIP diversion program. To the extent moneys 23 allocated in this paragraph “c” are deemed by the department 24 not to be necessary to support diversion activities, such 25 moneys may be used for other efforts intended to increase 26 engagement by family investment program participants in work, 27 education, or training activities, or for the purposes of 28 assistance under the family investment program in accordance 29 with chapter 239B . 30 d. For the food assistance employment and training program: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 32 (1) The department shall apply the federal supplemental 33 nutrition assistance program (SNAP) employment and training 34 state plan in order to maximize to the fullest extent permitted 35 -77- HF766.2510.S (1) 88 jh 77/ 113
by federal law the use of the 50 percent federal reimbursement 1 provisions for the claiming of allowable federal reimbursement 2 funds from the United States department of agriculture 3 pursuant to the federal SNAP employment and training program 4 for providing education, employment, and training services 5 for eligible food assistance program participants, including 6 but not limited to related dependent care and transportation 7 expenses. 8 (2) The department shall continue the categorical federal 9 food assistance program eligibility at 160 percent of the 10 federal poverty level and continue to eliminate the asset test 11 from eligibility requirements, consistent with federal food 12 assistance program requirements. The department shall include 13 as many food assistance households as is allowed by federal 14 law. The eligibility provisions shall conform to all federal 15 requirements including requirements addressing individuals who 16 are incarcerated or otherwise ineligible. 17 e. For the JOBS program: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,139,821 19 11,919,821 20 MEDICAL ASSISTANCE PROGRAM ADJUSTMENT 21 Sec. 49. 2017 Iowa Acts, chapter 174, section 51, unnumbered 22 paragraph 2, as amended by 2018 Iowa Acts, chapter 1165, 23 section 18, is amended to read as follows: 24 For medical assistance program reimbursement and associated 25 costs as specifically provided in the reimbursement 26 methodologies in effect on June 30, 2018, except as otherwise 27 expressly authorized by law, consistent with options under 28 federal law and regulations, and contingent upon receipt of 29 approval from the office of the governor of reimbursement for 30 each abortion performed under the program: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,337,841,375 32 1,488,141,375 33 GROUP FOSTER CARE REALLOCATION 34 Sec. 50. 2017 Iowa Acts, chapter 174, section 57, subsection 35 -78- HF766.2510.S (1) 88 jh 78/ 113
3, paragraph a, as amended by 2018 Iowa Acts, chapter 1165, 1 section 28, is amended to read as follows: 2 a. Of the funds appropriated in this section, up to 3 $34,536,648 is allocated as the statewide expenditure target 4 under section 232.143 for group foster care maintenance and 5 services. If the department projects that such expenditures 6 for the fiscal year will be less than the target amount 7 allocated in this paragraph “a”, the department may reallocate 8 the excess to provide additional funding for family foster 9 care, independent living, family safety, risk and permanency 10 services, shelter care , or the child welfare emergency services 11 addressed with the allocation for shelter care. 12 SHELTER CARE ALLOCATION 13 Sec. 51. 2017 Iowa Acts, chapter 174, section 57, subsection 14 6, as amended by 2018 Iowa Acts, chapter 1165, section 28, is 15 amended to read as follows: 16 6. Notwithstanding section 234.35 or any other provision of 17 law to the contrary, state funding Of the funds appropriated 18 in this section, a sufficient amount is allocated for shelter 19 care and the child welfare emergency services contracting 20 implemented to provide for or prevent the need for shelter care 21 shall be limited to $8,096,158 . 22 OTHER FUNDING FOR CHILD WELFARE SERVICES 23 Sec. 52. 2017 Iowa Acts, chapter 174, section 57, subsection 24 6, as amended by 2018 Iowa Acts, chapter 1165, section 28, is 25 amended by adding the following new subsection: 26 NEW SUBSECTION . 24. If a separate funding source is 27 identified that reduces the need for state funds within an 28 allocation under this section, the allocated state funds may be 29 redistributed to other allocations under this section for the 30 same fiscal year. 31 Sec. 53. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 Sec. 54. RETROACTIVE APPLICABILITY. This division of this 34 Act applies retroactively to July 1, 2018. 35 -79- HF766.2510.S (1) 88 jh 79/ 113
DIVISION XIII 1 HOSPITAL HEALTH CARE ACCESS ASSESSMENT PROGRAM FUTURE REPEAL 2 Sec. 55. Section 249M.5, Code 2019, is amended to read as 3 follows: 4 249M.5 Future repeal. 5 This chapter is repealed July 1, 2019 2021 . 6 Sec. 56. EFFECTIVE DATE. This division of this Act, being 7 deemed of immediate importance, takes effect upon enactment. 8 DIVISION XIV 9 MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER OF FUNDS 10 Sec. 57. MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER 11 OF FUNDS. Notwithstanding section 331.432, a county with a 12 population of over 300,000 based on the most recent federal 13 decennial census, may transfer funds from any other fund of the 14 county to the mental health and disability regional services 15 fund for the purposes of providing mental health and disability 16 services for the fiscal year beginning July 1, 2019, and 17 ending June 30, 2020. The county shall submit a report to 18 the governor and the general assembly by September 1, 2020, 19 including the source of any funds transferred, the amount of 20 the funds transferred, and the mental health and disability 21 services provided with the transferred funds. 22 DIVISION XV 23 OPERATION OF BOARD OF MEDICINE, BOARD OF NURSING, BOARD OF 24 PHARMACY, AND THE DENTAL BOARD 25 Sec. 58. Section 135.11A, subsection 1, Code 2019, is 26 amended to read as follows: 27 1. There shall be a professional licensure division within 28 the department of public health. Each board under chapter 147 29 or under the administrative authority of the department, except 30 the board of nursing, board of medicine, dental board, and 31 board of pharmacy, shall receive administrative and clerical 32 support from the division and may not employ its own support 33 staff for administrative and clerical duties. The executive 34 director of the board of nursing, board of medicine, dental 35 -80- HF766.2510.S (1) 88 jh 80/ 113
board, and board of pharmacy shall be appointed pursuant to 1 section 135.11B. 2 Sec. 59. NEW SECTION . 135.11B Appointment of certain 3 executive directors. 4 1. The director shall appoint and supervise a full-time 5 executive director for each of the following boards: 6 a. The board of medicine. 7 b. The board of nursing. 8 c. The dental board. 9 d. The board of pharmacy. 10 2. Each board listed in subsection 1 shall advise the 11 director in evaluating potential candidates for the position of 12 executive director, consult with the director in the hiring of 13 the executive director, and review and advise the director on 14 the performance of the executive director in the discharge of 15 the executive director’s duties. 16 3. Each board listed in subsection 1 shall retain sole 17 discretion and authority to execute the core functions of the 18 board including but not limited to policymaking, advocating 19 for and against legislation, rulemaking, licensing, licensee 20 investigations, licensee disciplinary proceedings, and 21 oversight of professional health programs. The director’s 22 supervision of the executive director shall not interfere with 23 the board’s discretion and authority in executing the core 24 functions of the board. 25 Sec. 60. Section 147.80, subsection 3, Code 2019, is amended 26 to read as follows: 27 3. The board of medicine, the board of pharmacy, the 28 dental board, and the board of nursing shall retain individual 29 executive officers pursuant to section 135.11B , but shall 30 make every effort to share administrative, clerical, and 31 investigative staff to the greatest extent possible. 32 Sec. 61. Section 152.2, Code 2019, is amended to read as 33 follows: 34 152.2 Executive director. 35 -81- HF766.2510.S (1) 88 jh 81/ 113
The board shall appoint retain a full-time executive 1 director , who shall be appointed pursuant to section 135B.11 . 2 The executive director shall be a registered nurse and shall 3 not be a member of the board . The governor, with the approval 4 of the executive council pursuant to section 8A.413, subsection 5 3 , under the pay plan for exempt positions in the executive 6 branch of government, shall set the salary of the executive 7 director. 8 Sec. 62. Section 153.33, subsection 2, Code 2019, is amended 9 to read as follows: 10 2. All employees needed to administer this chapter except 11 the executive director shall be appointed pursuant to the merit 12 system. The executive director shall serve at the pleasure of 13 the board be appointed pursuant to section 135.11B and shall 14 be exempt from the merit system provisions of chapter 8A, 15 subchapter IV . 16 DIVISION XVI 17 MEDICAID MEDICAL PRIOR AUTHORIZATION —— UNIFORM PROCESS —— 18 CENTRAL PORTAL 19 Sec. 63. MEDICAID —— MEDICAL PRIOR AUTHORIZATION UNIFORM 20 PROCESS. The department of human services shall adopt rules 21 pursuant to chapter 17A by October 1, 2019, to require that 22 both managed care and fee-for-service payment and delivery 23 systems utilize a uniform process, including but not limited to 24 uniform forms, information requirements, and time frames, to 25 request medical prior authorization under the Medicaid program. 26 The rules shall require the managed care organizations, 27 by contract, to implement the uniform process by a date as 28 determined by the department. 29 Sec. 64. MEDICAID MANAGEMENT INFORMATION SYSTEM —— CENTRAL 30 PORTAL —— REVIEW. The department shall review the costs 31 associated with expanding the medical assistance management 32 information system to integrate a single, statewide system to 33 serve as a central portal for submission of all medical prior 34 authorization requests for the Medicaid program. The portal 35 -82- HF766.2510.S (1) 88 jh 82/ 113
shall not be designed to make or review final determinations 1 of managed care organization medical prior authorization 2 requests, but shall only serve as a conduit to deliver medical 3 prior authorization requests to the appropriate managed care 4 organization. The results of the study shall be submitted to 5 the governor and the general assembly no later than March 31, 6 2020. 7 Sec. 65. EFFECTIVE DATE. This division of this Act, being 8 deemed of immediate importance, takes effect upon enactment. 9 DIVISION XVII 10 HEALTH AND HUMAN SERVICES EXECUTIVE BRANCH ENTITIES —— REFORM 11 IOWA COLLABORATIVE SAFETY NET PROVIDER NETWORK 12 Sec. 66. Section 135.24, subsection 7, paragraph e, Code 13 2019, is amended to read as follows: 14 e. “Specialty health care provider office” means the 15 private office or clinic of an individual specialty health 16 care provider or group of specialty health care providers as 17 referred by the Iowa collaborative safety net provider network 18 established in section 135.153 , but does not include a field 19 dental clinic, a free clinic, or a hospital. 20 Sec. 67. Section 135.159, subsection 1, paragraph h, Code 21 2019, is amended by striking the paragraph. 22 Sec. 68. REPEAL. Section 135.153, Code 2019, is repealed. 23 HOSPITAL HEALTH CARE ACCESS TRUST FUND BOARD 24 Sec. 69. Section 249M.4, Code 2019, is amended to read as 25 follows: 26 249M.4 Hospital health care access trust fund —— board . 27 1. A hospital health care access trust fund is created 28 in the state treasury under the authority of the department. 29 Moneys received through the collection of the hospital health 30 care access assessment imposed under this chapter and any 31 other moneys specified for deposit in the trust fund shall be 32 deposited in the trust fund. 33 2. Moneys in the trust fund shall be used, subject to 34 their appropriation by the general assembly, by the department 35 -83- HF766.2510.S (1) 88 jh 83/ 113
to reimburse participating hospitals the medical assistance 1 program upper payment limit for inpatient and outpatient 2 hospital services as calculated in this section . Following 3 payment of such upper payment limit to participating hospitals, 4 any remaining funds in the trust fund on an annual basis may be 5 used for any of the following purposes: 6 a. To support medical assistance program utilization 7 shortfalls. 8 b. To maintain the state’s capacity to provide access to and 9 delivery of services for vulnerable Iowans. 10 c. To fund the health care workforce support initiative 11 created pursuant to section 135.175 . 12 d. To support access to health care services for uninsured 13 Iowans. 14 e. To support Iowa hospital programs and services which 15 expand access to health care services for Iowans. 16 3. The trust fund shall be separate from the general fund 17 of the state and shall not be considered part of the general 18 fund. The moneys in the trust fund shall not be considered 19 revenue of the state, but rather shall be funds of the hospital 20 health care access assessment program. The moneys deposited 21 in the trust fund are not subject to section 8.33 and shall not 22 be transferred, used, obligated, appropriated, or otherwise 23 encumbered, except to provide for the purposes of this chapter . 24 Notwithstanding section 12C.7, subsection 2 , interest or 25 earnings on moneys deposited in the trust fund shall be 26 credited to the trust fund. 27 4. The department shall adopt rules pursuant to chapter 28 17A to administer the trust fund and reimbursements and 29 expenditures as specified in this chapter made from the trust 30 fund. 31 5. a. Beginning July 1, 2010, or the implementation date 32 of the hospital health care access assessment program as 33 determined by receipt of approval from the centers for Medicare 34 and Medicaid services of the United States department of health 35 -84- HF766.2510.S (1) 88 jh 84/ 113
and human services, whichever is later, the department shall 1 increase the diagnostic related groups and ambulatory patient 2 classifications base rates to provide payments to participating 3 hospitals at the Medicare upper payment limit for the fiscal 4 year beginning July 1, 2010, calculated as of July 31, 2010. 5 Each participating hospital shall receive the same percentage 6 increase, but the percentage may differ depending on whether 7 the basis for the base rate increase is the diagnostic related 8 groups or ambulatory patient classifications. 9 b. The percentage increase shall be calculated by dividing 10 the amount calculated under subparagraph (1) by the amount 11 calculated under subparagraph (2) as follows: 12 (1) The amount under the Medicare upper payment limit for 13 the fiscal year beginning July 1, 2010, for participating 14 hospitals. 15 (2) The projected expenditures for participating hospitals 16 for the fiscal year beginning July 1, 2010, as determined by 17 the fiscal management division of the department, plus the 18 amount calculated under subparagraph (1). 19 6. For the fiscal year beginning July 1, 2011, and for 20 each fiscal year beginning July 1, thereafter, the payments to 21 participating hospitals shall continue to be calculated based 22 on the upper payment limit as calculated for the fiscal year 23 beginning July 1, 2010. 24 7. Reimbursement of participating hospitals shall 25 incorporate the rebasing process for inpatient and outpatient 26 services for state fiscal year 2012. However, the total amount 27 of increased funding available for reimbursement attributable 28 to rebasing shall not exceed four million five hundred thousand 29 dollars for state fiscal year 2012 and six million dollars for 30 state fiscal year 2013. 31 8. Any payments to participating hospitals under this 32 section shall result in budget neutrality to the general fund 33 of the state. 34 9. a. A hospital health care access trust fund board is 35 -85- HF766.2510.S (1) 88 jh 85/ 113
established consisting of the following members: 1 (1) The co-chairpersons and the ranking members of the joint 2 appropriations subcommittee on health and human services. 3 (2) The Iowa medical assistance program director. 4 (3) Two hospital executives representing the two largest 5 private health care systems in the state. 6 (4) The president of the Iowa hospital association. 7 (5) A representative of a consumer advocacy group, involved 8 in both state and national initiatives, that provides data on 9 key indicators of well-being for children and families in order 10 to inform policymakers to help children and families succeed. 11 b. The board shall do all of the following: 12 (1) Provide oversight of the trust fund. 13 (2) Make recommendations regarding the hospital health care 14 access assessment program, including recommendations regarding 15 the assessment calculation, assessment amounts, payments to 16 participating hospitals, and use of the moneys in the trust 17 fund. 18 (3) Submit an annual report to the governor and the general 19 assembly regarding the use and expenditure of moneys deposited 20 in the trust fund. 21 c. The department shall provide administrative assistance 22 to the board. 23 ADVISORY COMMITTEE TO THE CENTER FOR RURAL HEALTH AND PRIMARY 24 CARE 25 Sec. 70. Section 135.107, subsection 5, Code 2019, is 26 amended by striking the subsection. 27 Sec. 71. Section 262.78, subsection 3, Code 2019, is amended 28 to read as follows: 29 3. The president of the university of Iowa, in consultation 30 with the president of Iowa state university of science and 31 technology, shall employ a full-time director of the center. 32 The center may employ staff to carry out the center’s purpose. 33 The director shall coordinate the agricultural health and 34 safety programs of the center. The director shall regularly 35 -86- HF766.2510.S (1) 88 jh 86/ 113
meet and consult with the advisory committee to the center for 1 rural health and primary care. The director shall provide 2 the board of regents with relevant information regarding the 3 center. 4 GOVERNMENTAL PUBLIC HEALTH ADVISORY COUNCIL 5 Sec. 72. Section 135A.2, subsection 2, Code 2019, is amended 6 by striking the subsection. 7 Sec. 73. Section 135A.9, subsection 1, Code 2019, is amended 8 by striking the subsection. 9 Sec. 74. REPEAL. Section 135A.4, Code 2019, is repealed. 10 PATIENT-CENTERED HEALTH ADVISORY COUNCIL 11 Sec. 75. REPEAL. Section 135.159, Code 2019, is repealed. 12 COMBINING STATE MEDICAL EXAMINER ADVISORY COUNCIL WITH THE 13 INTERAGENCY COORDINATING COUNCIL 14 Sec. 76. Section 691.6B, Code 2019, is amended to read as 15 follows: 16 691.6B Interagency coordinating council. 17 1. An interagency coordinating council is created to advise 18 do all of the following: 19 a. Advise and consult with the state medical examiner on a 20 range of issues affecting the organization and functions of the 21 office of the state medical examiner and the effectiveness of 22 the medical examiner system in the state. 23 b. Advise the state medical examiner concerning the 24 assurance of effective coordination of the functions and 25 operations of the office of the state medical examiner with the 26 needs and interests of the departments of public safety and 27 public health. 28 2. Members of the interagency coordinating council shall 29 include the all of the following: 30 a. The state medical examiner, or when the state medical 31 examiner is not available, the deputy state medical examiner ; 32 the . 33 b. The commissioner of public safety or the commissioner’s 34 designee ; the . 35 -87- HF766.2510.S (1) 88 jh 87/ 113
c. The director of public health or the director’s designee ; 1 and the . 2 d. The governor or the governor’s designee. 3 e. Representatives from the office of the attorney 4 general, the Iowa county attorneys association, the Iowa 5 medical society, the Iowa association of pathologists, the 6 Iowa association of county medical examiners, the statewide 7 emergency medical system, and the Iowa funeral directors 8 association. 9 3. The interagency coordinating council shall meet on 10 a regular basis , and shall be organized and function as 11 established by the state medical examiner by rule . 12 Sec. 77. REPEAL. Section 691.6C, Code 2019, is repealed. 13 TRAUMA SYSTEM ADVISORY COUNCIL 14 Sec. 78. Section 147A.24, subsection 2, Code 2019, is 15 amended to read as follows: 16 2. The council shall consist of seven members to be 17 appointed by the director from the recommendations of 18 the organizations in subsection 1 for terms of two years. 19 Vacancies on the council shall be filled for the remainder of 20 the term of the original appointment. Members whose terms 21 expire may be reappointed. 22 Sec. 79. TRANSITION PROVISIONS. Notwithstanding any 23 provision of section 147A.24, subsection 2, to the contrary, a 24 member of the trauma system advisory council on July 1, 2019, 25 shall continue serving until the expiration of that member’s 26 term or until a vacancy occurs prior to the expiration of the 27 applicable term, and such vacancy shall only be filled to the 28 extent consistent with and necessary to maintain the total 29 number of members of the council specified in section 147A.24, 30 subsection 2, as amended in this Act. 31 TELECONFERENCE OPTION FOR STATE ENTITIES 32 Sec. 80. NEW SECTION . 135.11B Statutory board, commission, 33 committee, or council of committee —— teleconference option. 34 Any statutorily established board, commission, committee, or 35 -88- HF766.2510.S (1) 88 jh 88/ 113
council established under the purview of the department shall 1 provide for a teleconference option for board, commission, 2 committee, or council members to participate in official 3 meetings. 4 ELIMINATION OF PAYMENT OF EXPENSES FOR PUBLIC MEMBERS OF 5 CERTAIN STATE ENTITIES 6 Sec. 81. Section 105.3, subsection 6, Code 2019, is amended 7 by striking the subsection. 8 Sec. 82. Section 135.43, subsection 2, unnumbered paragraph 9 1, Code 2019, is amended to read as follows: 10 The membership of the review team is subject to the 11 provisions of sections 69.16 and 69.16A , relating to political 12 affiliation and gender balance. Review team members who 13 are not designated by another appointing authority shall be 14 appointed by the state medical examiner. Membership terms 15 shall be for three years. A membership vacancy shall be filled 16 in the same manner as the original appointment. The review 17 team shall elect a chairperson and other officers as deemed 18 necessary by the review team. The review team shall meet upon 19 the call of the state medical examiner or as determined by 20 the review team. The members of the team are eligible for 21 reimbursement of actual and necessary expenses incurred in the 22 performance of their official duties. The review team shall 23 include the following: 24 Sec. 83. Section 135.62, subsection 2, paragraph e, Code 25 2019, is amended by striking the paragraph. 26 Sec. 84. Section 147A.3, Code 2019, is amended to read as 27 follows: 28 147A.3 Meetings of the council —— quorum —— expenses . 29 Membership, terms of office, and quorum , and expenses shall 30 be determined by the director pursuant to chapter 135 . 31 Sec. 85. Section 256I.3, subsection 3, Code 2019, is amended 32 by striking the subsection. 33 ELIMINATION OF CHILD WELFARE ADVISORY COMMITTEE, CHILD 34 SUPPORT ADVISORY COMMITTEE, CHILDREN’S MENTAL HEALTH WAIVER 35 -89- HF766.2510.S (1) 88 jh 89/ 113
IMPLEMENTATION COMMITTEE, AND PROPERTY TAX RELIEF FUND RISK 1 POOL 2 Sec. 86. Section 217.3A, subsection 1, Code 2019, is amended 3 to read as follows: 4 1. General. The council on human services shall establish 5 and utilize the advisory committees committee identified in 6 this section and may establish and utilize other advisory 7 committees. The council shall establish appointment 8 provisions, membership terms, operating guidelines, and other 9 operational requirements for committees established pursuant to 10 this section . 11 Sec. 87. Section 217.3A, subsections 3 and 4, Code 2019, are 12 amended by striking the subsections. 13 Sec. 88. Section 426B.5, subsection 1, Code 2019, is amended 14 by striking the subsection. 15 Sec. 89. 2005 Iowa Acts, chapter 117, section 4, subsection 16 3, is amended by striking the subsection. 17 DIVISION XVIII 18 MEDICAL ASSISTANCE ADVISORY COUNCIL 19 Sec. 90. Section 217.3, subsection 4, Code 2019, is amended 20 to read as follows: 21 4. Approve the budget of the department of human services 22 prior to submission to the governor. Prior to approval of the 23 budget, the council shall publicize and hold a public hearing 24 to provide explanations and hear questions, opinions, and 25 suggestions regarding the budget. Invitations to the hearing 26 shall be extended to the governor, the governor-elect, the 27 director of the department of management, and other persons 28 deemed by the council as integral to the budget process. The 29 budget materials submitted to the governor shall include a 30 review of options for revising the medical assistance program 31 made available by federal action or by actions implemented 32 by other states as identified by the department, the medical 33 assistance advisory council and the executive committee of the 34 medical assistance advisory council created in section 249A.4B , 35 -90- HF766.2510.S (1) 88 jh 90/ 113
and by county representatives. The review shall address what 1 potential revisions could be made in this state and how the 2 changes would be beneficial to Iowans. 3 Sec. 91. Section 249A.4B, Code 2019, is amended to read as 4 follows: 5 249A.4B Medical assistance advisory council. 6 1. A medical assistance advisory council is created to 7 comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of 8 the federal Social Security Act and to advise the director 9 about health and medical care services under the medical 10 assistance program. The council shall meet no more than 11 quarterly. The director of public health and a public member 12 of the council selected by the public members of the council 13 specified in subsection 2 , paragraph “b” , shall serve as 14 co-chairpersons of the council. 15 2. a. The council shall consist of the following voting 16 members: 17 (1) Five professional or business entity members selected 18 by the entities specified pursuant to subsection 3, paragraph 19 “a” . 20 (2) Five public members appointed pursuant to subsection 3, 21 paragraph “b” . Of the five public members, at least one member 22 shall be a recipient of medical assistance. 23 b. The council shall include all of the following nonvoting 24 members: 25 (1) The director of public health, or the director’s 26 designee. 27 (2) The director of the department on aging, or the 28 director’s designee. 29 (3) The long-term care ombudsman, or the long-term care 30 ombudsman’s designee. 31 (4) The dean of Des Moines university osteopathic medical 32 center, or the dean’s designee. 33 (5) The dean of the university of Iowa college of medicine, 34 or the dean’s designee. 35 -91- HF766.2510.S (1) 88 jh 91/ 113
(6) A member of the hawk-i board created in section 514I.5, 1 selected by the members of the hawk-i board. 2 (7) The following members of the general assembly, each for 3 a term of two years as provided in section 69.16B: 4 (a) Two members of the house of representatives, one 5 appointed by the speaker of the house of representatives 6 and one appointed by the minority leader of the house of 7 representatives from their respective parties. 8 (b) Two members of the senate, one appointed by the 9 president of the senate after consultation with the majority 10 leader of the senate and one appointed by the minority leader 11 of the senate. 12 2. 3. The voting membership of the council shall include 13 all of the following voting members be selected or appointed 14 as follows : 15 a. The five professional or business entity members shall 16 be selected by the entities specified under this paragraph “a” . 17 The five professional or business entity members selected shall 18 be the president, or the president’s representative, of each 19 of the following professional or business entities entity , or 20 a member of each of the following professional or business 21 entities, selected entity, designated by the entity : . 22 (1) The Iowa medical society. 23 (2) The Iowa osteopathic medical association. 24 (3) The Iowa academy of family physicians. 25 (4) The Iowa chapter of the American academy of pediatrics. 26 (5) The Iowa physical therapy association. 27 (6) The Iowa dental association. 28 (7) The Iowa nurses association. 29 (8) The Iowa pharmacy association. 30 (9) The Iowa podiatric medical society. 31 (10) The Iowa optometric association. 32 (11) The Iowa association of community providers. 33 (12) The Iowa psychological association. 34 (13) The Iowa psychiatric society. 35 -92- HF766.2510.S (1) 88 jh 92/ 113
(14) The Iowa chapter of the national association of social 1 workers. 2 (15) The coalition for family and children’s services in 3 Iowa. 4 (16) The Iowa hospital association. 5 (17) The Iowa association of rural health clinics. 6 (18) The Iowa primary care association. 7 (19) Free clinics of Iowa. 8 (20) The opticians’ association of Iowa, inc. 9 (21) The Iowa association of hearing health professionals. 10 (22) The Iowa speech and hearing association. 11 (23) The Iowa health care association. 12 (24) The Iowa association of area agencies on aging. 13 (25) AARP. 14 (26) The Iowa caregivers association. 15 (27) Leading age Iowa. 16 (28) The Iowa association for home care. 17 (29) The Iowa council of health care centers. 18 (30) The Iowa physician assistant society. 19 (31) The Iowa association of nurse practitioners. 20 (32) The Iowa nurse practitioner society. 21 (33) The Iowa occupational therapy association. 22 (34) The ARC of Iowa, formerly known as the association for 23 retarded citizens of Iowa. 24 (35) The national alliance on mental illness. 25 (36) The Iowa state association of counties. 26 (37) The Iowa developmental disabilities council. 27 (38) The Iowa chiropractic society. 28 (39) The Iowa academy of nutrition and dietetics. 29 (40) The Iowa behavioral health association. 30 (41) The midwest association for medical equipment services 31 or an affiliated Iowa organization. 32 b. Ten The five public members shall be public 33 representatives which may include members of consumer groups, 34 including recipients of medical assistance or their families, 35 -93- HF766.2510.S (1) 88 jh 93/ 113
consumer organizations, and others, appointed by the governor 1 for staggered terms of two years each, none of whom shall be 2 members of, or practitioners of, or have a pecuniary interest 3 in any of the professional or business entities specifically 4 represented under paragraph “a” , and a majority of whom shall be 5 current or former recipients of medical assistance or members 6 of the families of current or former recipients . 7 c. A member of the hawk-i board created in section 514I.5 , 8 selected by the members of the hawk-i board. 9 3. The council shall include all of the following nonvoting 10 members: 11 a. The director of public health, or the director’s 12 designee. 13 b. The director of the department on aging, or the 14 director’s designee. 15 c. The long-term care ombudsman, or the long-term care 16 ombudsman’s designee. 17 d. The dean of Des Moines university —— osteopathic medical 18 center, or the dean’s designee. 19 e. The dean of the university of Iowa college of medicine, 20 or the dean’s designee. 21 f. The following members of the general assembly, each for a 22 term of two years as provided in section 69.16B : 23 (1) Two members of the house of representatives, one 24 appointed by the speaker of the house of representatives 25 and one appointed by the minority leader of the house of 26 representatives from their respective parties. 27 (2) Two members of the senate, one appointed by the 28 president of the senate after consultation with the majority 29 leader of the senate and one appointed by the minority leader 30 of the senate. 31 4. a. An executive committee of the council is created and 32 shall consist of the following members of the council: 33 (1) Five of the professional or business entity members 34 designated pursuant to subsection 2 , paragraph “a” , and 35 -94- HF766.2510.S (1) 88 jh 94/ 113
selected by the members specified under that paragraph, as 1 voting members. 2 (2) Five of the public members appointed pursuant to 3 subsection 2 , paragraph “b” , and selected by the members 4 specified under that paragraph, as voting members. Of the five 5 public members, at least one member shall be a recipient of 6 medical assistance. 7 (3) The director of public health, or the director’s 8 designee, as a nonvoting member. 9 b. The executive committee shall meet on a monthly basis. 10 The director of public health and the public member serving as 11 co-chairperson of the council shall serve as co-chairpersons of 12 the executive committee. 13 c. 4. Based upon the deliberations of the council and the 14 executive committee , the executive committee council shall make 15 recommendations to the director regarding the budget, policy, 16 and administration of the medical assistance program. 17 5. For each council meeting, other than those held during 18 the time the general assembly is in session, each legislative 19 member of the council shall be reimbursed for actual travel 20 and other necessary expenses and shall receive a per diem as 21 specified in section 7E.6 for each day in attendance, as shall 22 the members of the council or the executive committee who are 23 recipients or the family members of recipients of medical 24 assistance, regardless of whether the general assembly is in 25 session. 26 6. The department shall provide staff support and 27 independent technical assistance to the council and the 28 executive committee . 29 7. The director shall consider the recommendations offered 30 by the council and the executive committee in the director’s 31 preparation of medical assistance budget recommendations to 32 the council on human services pursuant to section 217.3 and in 33 implementation of medical assistance program policies. 34 DIVISION XIX 35 -95- HF766.2510.S (1) 88 jh 95/ 113
MEDICAID COVERAGE —— PREGNANT WOMEN LAWFULLY ADMITTED FOR 1 PERMANENT RESIDENCE 2 Sec. 92. MEDICAID COVERAGE —— PREGNANT WOMEN LAWFULLY 3 ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES WITHOUT 4 APPLICATION OF FIVE-YEAR WAITING PERIOD. 5 1. The department of human services shall seek a waiver from 6 the centers for Medicare and Medicaid services of the United 7 States department of health and human services to provide 8 coverage under the Medicaid program for pregnant women lawfully 9 admitted for permanent residence in the United States, without 10 application of the five-year waiting period. 11 2. If federal approval is received by the department, the 12 department shall provide Medicaid coverage for pregnant women 13 lawfully admitted for permanent residence in the United States, 14 without application of the five-year waiting period, effective 15 the first day of the month following the department’s receipt 16 of federal approval. 17 DIVISION XX 18 PROVISION OF CERTAIN SURGERIES OR PROCEDURES —— EXEMPTION FROM 19 REQUIRED ACCOMMODATIONS OR SERVICES 20 Sec. 93. Section 216.7, Code 2019, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 3. This section shall not require any 23 state or local government unit or tax-supported district to 24 provide for sex reassignment surgery or any other cosmetic, 25 reconstructive, or plastic surgery procedure related to 26 transsexualism, hermaphroditism, gender identity disorder, or 27 body dysmorphic disorder. 28 Sec. 94. EFFECTIVE DATE. This division of this Act, being 29 deemed of immediate importance, takes effect upon enactment. 30 DIVISION XXI 31 REVISION OF MEDICAID MANAGED CARE CONTRACTS —— LIQUIDATED 32 DAMAGES 33 Sec. 95. REVISION OF MEDICAID MANAGED CARE CONTRACTS —— 34 LIQUIDATED DAMAGES. The department shall revise the Medicaid 35 -96- HF766.2510.S (1) 88 jh 96/ 113
managed care contracts to include all of the following 1 provisions: 2 1. The assessment of liquidated damages for prior 3 authorization and claims payment system issues that were 4 reported by the managed care organization to the department 5 as corrected, but reoccurred within 60 days of the reported 6 correction. 7 2. The assessment of liquidated damages for the failure of 8 a managed care organization to complete provider credentialing 9 or to accurately load provider rosters as required in the 10 contract. 11 DIVISION XXII 12 HEALTH DATA COLLECTION AND USE 13 Sec. 96. Section 135.166, subsection 1, Code 2019, is 14 amended to read as follows: 15 1. a. The department of public health shall enter into 16 a memorandum of understanding to utilize the Iowa hospital 17 association with the contractor selected through a request for 18 proposals process to act as the department’s intermediary in 19 collecting, maintaining, and disseminating hospital inpatient, 20 outpatient, and ambulatory data, as initially authorized in 21 1996 Iowa Acts, ch. 1212, §5, subsection 1, paragraph “a” , 22 subparagraph (4), and 641 IAC 177.3 . 23 b. The memorandum of understanding shall include but is not 24 limited to provisions that address the duties of the department 25 and the Iowa hospital association contractor regarding the 26 collection, reporting, disclosure, storage, and confidentiality 27 of the data. 28 Sec. 97. REQUEST FOR PROPOSALS PROCESS —— TRANSITION. The 29 department of public health shall continue the memorandum of 30 understanding with the entity acting as intermediary on June 31 30, 2019, pursuant to section 135.166, until the contractor 32 selected through a request for proposals process assumes the 33 duties of intermediary on January 1, 2021, as specified under 34 this division of this Act. 35 -97- HF766.2510.S (1) 88 jh 97/ 113
DIVISION XXIII 1 ELDORA STATE TRAINING SCHOOL 2 Sec. 98. Section 232.52, subsection 2, paragraph e, 3 unnumbered paragraph 1, Code 2019, is amended to read as 4 follows: 5 An order transferring the custody of the child, subject to 6 the continuing jurisdiction and custody of the court for the 7 purposes of section 232.54 , to the director of the department 8 of human services for purposes of placement in the state 9 training school unless the state training school is unable to 10 accept placement of the child in the state training school, 11 or other facility, provided that the child is at least twelve 12 years of age and the court finds the placement to be in the best 13 interests of the child or necessary for the protection of the 14 public, and that the child has been found to have committed an 15 act which is a forcible felony, as defined in section 702.11 , 16 or a felony violation of section 124.401 or chapter 707 , or the 17 court finds any three of the following conditions exist: 18 DIVISION XXIV 19 DISTRIBUTION OF FEDERAL FUNDS —— RESTRICTIONS —— ABORTION 20 Sec. 99. DISTRIBUTION OF FEDERAL PUBLIC HEALTH SERVICES ACT 21 FUNDS FOR FAMILY PLANNING. 22 1. The department of public health shall annually apply 23 to the United States department of health and human services 24 for grant funding under Tit. X of the federal Public Health 25 Services Act, 42 U.S.C. §300 et seq. The department shall 26 distribute all grant funding received to applicants in the 27 following order of priority: 28 a. Public entities that provide family planning services 29 including state, county, or local community health clinics, 30 federally qualified health centers, and community action 31 organizations. 32 b. Nonpublic entities that, in addition to family planning 33 services, provide required primary health services as described 34 in 42 U.S.C. §254b(b)(1)(A). 35 -98- HF766.2510.S (1) 88 jh 98/ 113
c. Nonpublic entities that provide family planning 1 services but do not provide required primary health services as 2 described in 42 U.S.C. §254b(b)(1)(A). 3 2. Distribution of funds under this section shall be made in 4 a manner that continues access to family planning services. 5 3. a. (1) Distribution of funds under this section shall 6 not be made to any entity that performs abortions, promotes 7 abortions, maintains or operates a facility where abortions are 8 performed or promoted, contracts or subcontracts with an entity 9 that performs or promotes abortions, becomes or continues to be 10 an affiliate of any entity that performs or promotes abortions, 11 or regularly makes referrals to an entity that provides or 12 promotes abortions or maintains or operates a facility where 13 abortions are performed. However, the prohibition specified 14 in this subparagraph (1) shall not be interpreted to include 15 a nonpublic entity that is a distinct location of a nonprofit 16 health care delivery system, if the distinct location provides 17 family planning services but does not perform abortions 18 or maintain or operate as a facility where abortions are 19 performed. 20 (2) The department of public health shall adopt rules 21 pursuant to chapter 17A to require that as a condition of 22 eligibility as an applicant under this section, each distinct 23 location of a nonprofit health care delivery system shall be 24 assigned a distinct provider identification number and complete 25 an attestation that abortions are not performed at the distinct 26 location. 27 b. For the purposes of this section, “nonprofit health 28 care delivery system” means an Iowa nonprofit corporation 29 that controls, directly or indirectly, a regional health 30 care network consisting of hospital facilities and various 31 ambulatory and clinic locations that provide a range of 32 primary, secondary, and tertiary inpatient, outpatient, and 33 physician services. 34 c. For the purposes of this section, “abortion” does not 35 -99- HF766.2510.S (1) 88 jh 99/ 113
include any of the following: 1 (1) The treatment of a woman for a physical disorder, 2 physical injury, or physical illness, including a 3 life-endangering physical condition caused by or arising from 4 the pregnancy itself, that would, as certified by a physician, 5 place the woman in danger of death. 6 (2) The treatment of a woman for a spontaneous abortion, 7 commonly known as a miscarriage, when not all of the products 8 of human conception are expelled. 9 4. Funds distributed in accordance with this section shall 10 not be used for direct or indirect costs, including but not 11 limited to administrative costs or expenses, overhead, employee 12 salaries, rent, and telephone and other utility costs, related 13 to providing or promoting abortions as specified in this 14 section. 15 5. The department of public health shall submit a report to 16 the governor and the general assembly, annually by January 1, 17 listing any entities that received funds pursuant to subsection 18 1, paragraph “c”, and the amount and type of funds received by 19 such entities during the preceding calendar year. The report 20 shall provide a detailed explanation of how the department 21 determined that distribution of funds to such an entity, 22 instead of to an entity described in subsection 1, paragraph 23 “a” or “b”, was necessary to prevent severe limitation or 24 elimination of access to family planning services in the region 25 of the state where the entity is located. 26 Sec. 100. ADMINISTRATION OF PERSONAL RESPONSIBILITY 27 EDUCATION PROGRAM AND SEXUAL RISK AVOIDANCE EDUCATION GRANT 28 PROGRAM FUNDS. 29 1. Any contract entered into on or after July 1, 2019, by 30 the department of public health to administer the personal 31 responsibility education program as specified in 42 U.S.C. 32 §713 or to administer the sexual risk avoidance education 33 grant program authorized pursuant to section 510 of Tit. 34 V of the federal Social Security Act, 42 U.S.C. §710, as 35 -100- HF766.2510.S (1) 88 jh 100/ 113
amended by section 50502 of the federal Bipartisan Budget 1 Act of 2018, Pub. L. No. 115-123, and as further amended by 2 division S, Title VII, section 701 of the federal Consolidated 3 Appropriations Act of 2018, Pub. L. No. 115-141, shall exclude 4 as an eligible applicant, any applicant entity that performs 5 abortions, promotes abortions, maintains or operates a 6 facility where abortions are performed or promoted, contracts 7 or subcontracts with an entity that performs or promotes 8 abortions, becomes or continues to be an affiliate of any 9 entity that performs or promotes abortions, or regularly makes 10 referrals to an entity that provides or promotes abortions or 11 maintains or operates a facility where abortions are performed. 12 However, the prohibition specified in this section shall not be 13 interpreted to include a nonpublic entity that is a distinct 14 location of a nonprofit health care delivery system, if the 15 distinct location provides personal responsibility education 16 program or sexual risk avoidance education grant program 17 services but does not perform abortions or maintain or operate 18 as a facility where abortions are performed. 19 2. The department of public health shall adopt rules 20 pursuant to chapter 17A to require that as a condition of 21 eligibility as an applicant, grantee, grantee contractor, 22 or grantee subcontractor under the personal responsibility 23 education program or sexual risk avoidance education grant 24 program, each distinct location of a nonprofit health care 25 delivery system shall be assigned a distinct identification 26 number and complete an attestation that abortions are not 27 performed at the distinct location. 28 3. For the purposes of this section, “nonprofit health 29 care delivery system” means an Iowa nonprofit corporation 30 that controls, directly or indirectly, a regional health 31 care network consisting of hospital facilities and various 32 ambulatory and clinic locations that provide a range of 33 primary, secondary, and tertiary inpatient, outpatient, and 34 physician services. 35 -101- HF766.2510.S (1) 88 jh 101/ 113
4. For the purposes of this section, “abortion” does not 1 include any of the following: 2 a. The treatment of a woman for a physical disorder, 3 physical injury, or physical illness, including a 4 life-endangering physical condition caused by or arising from 5 the pregnancy itself, that would, as certified by a physician, 6 place the woman in danger of death. 7 b. The treatment of a woman for a spontaneous abortion, 8 commonly known as a miscarriage, when not all of the products 9 of human conception are expelled. 10 Sec. 101. AWARD OF COMMUNITY ADOLESCENT PREGNANCY 11 PREVENTION AND SERVICES PROGRAM GRANT FUNDS. 12 1. Any contract entered into on or after July 1, 2019, 13 by the department of human services to award a community 14 adolescent pregnancy prevention and services program grant 15 using federal temporary assistance for needy families block 16 grant funds appropriated to the department shall exclude 17 from eligibility any applicant, grantee, grantee contractor, 18 or grantee subcontractor that performs abortions, promotes 19 abortions, maintains or operates a facility where abortions are 20 performed or promoted, contracts or subcontracts with an entity 21 that performs or promotes abortions, becomes or continues to be 22 an affiliate of any entity that performs or promotes abortions, 23 or regularly makes referrals to an entity that provides or 24 promotes abortions or maintains or operates a facility where 25 abortions are performed. 26 2. The eligibility exclusion specified in subsection 1 27 shall not be interpreted to include a nonpublic entity that 28 is a distinct location of a nonprofit health care delivery 29 system, if the distinct location provides community adolescent 30 pregnancy prevention program services but does not perform 31 abortions or maintain or operate as a facility where abortions 32 are performed. 33 3. The department of human services shall adopt rules 34 pursuant to chapter 17A to require that as a condition of 35 -102- HF766.2510.S (1) 88 jh 102/ 113
eligibility as an applicant, grantee, grantee contractor, 1 or grantee subcontractor under the adolescent pregnancy 2 prevention and services program, each distinct location of 3 a nonprofit health care delivery system shall be assigned a 4 distinct identification number and complete an attestation that 5 abortions are not performed at the distinct location. 6 4. For the purposes of this section, “nonprofit health 7 care delivery system” means an Iowa nonprofit corporation 8 that controls, directly or indirectly, a regional health 9 care network consisting of hospital facilities and various 10 ambulatory and clinic locations that provide a range of 11 primary, secondary, and tertiary inpatient, outpatient, and 12 physician services. 13 5. For the purposes of this section, “abortion” does not 14 include any of the following: 15 a. The treatment of a woman for a physical disorder, 16 physical injury, or physical illness, including a 17 life-endangering physical condition caused by or arising from 18 the pregnancy itself, that would, as certified by a physician, 19 place the woman in danger of death. 20 b. The treatment of a woman for a spontaneous abortion, 21 commonly known as a miscarriage, when not all of the products 22 of human conception are expelled. 23 Sec. 102. SEVERABILITY. If any provision of this division 24 of this Act or the application of this division of this Act to 25 any person or circumstances is held invalid, the invalidity 26 shall not affect other provisions or applications of this 27 division of this Act which can be given effect without the 28 invalid provisions or application and, to this end, the 29 provisions of this division of this Act are severable. 30 Sec. 103. EFFECTIVE DATE. This division of this Act, being 31 deemed of immediate importance, takes effect upon enactment. 32 DIVISION XXV 33 NON-STATE GOVERNMENT-OWNED NURSING FACILITY QUALITY OF CARE 34 RATE ADD-ON PROGRAM 35 -103- HF766.2510.S (1) 88 jh 103/ 113
Sec. 104. Section 249L.2, subsections 7 and 8, Code 2019, 1 are amended to read as follows: 2 7. “Non-state government-owned nursing facility” means a 3 nursing facility that is owned or operated by a non-state 4 governmental entity and for which a non-state governmental 5 entity holds the nursing facility’s license and is party to the 6 nursing facility’s Medicaid contract. 7 8. “Nursing facility” means a licensed nursing facility as 8 defined in section 135C.1 that is a freestanding facility or 9 a nursing facility operated by a hospital licensed pursuant 10 to chapter 135B , but does not include a distinct-part skilled 11 nursing unit or a swing-bed unit operated by a hospital, or 12 a nursing facility owned by the state or federal government 13 or other governmental unit. “Nursing facility” includes a 14 non-state government-owned nursing facility if the nursing 15 facility participates in the non-state government-owned nursing 16 facility upper payment limit alternative payment quality of 17 care rate add-on program. 18 Sec. 105. NON-STATE GOVERNMENT-OWNED NURSING FACILITY 19 QUALITY OF CARE RATE ADD-ON PROGRAM. 20 1. As used in this section, unless the context otherwise 21 requires: 22 a. “Department” means the department of human services. 23 b. “Intergovernmental transfer” means a transfer of 24 state share funds from a non-state governmental entity to the 25 department of human services. 26 c. “Non-state governmental entity” or “NSGE” means a 27 hospital authority, hospital district, health care district, 28 city, or county. 29 d. “Non-state government-owned nursing facility” or “NSGO 30 nursing facility” means a nursing facility that is owned or 31 operated by a non-state governmental entity and for which a 32 non-state governmental entity holds the nursing facility’s 33 license and is party to the nursing facility’s Medicaid 34 contract. 35 -104- HF766.2510.S (1) 88 jh 104/ 113
e. “Program” means the non-state government-owned nursing 1 facility quality of care rate add-on program described in this 2 section. 3 f. “Quality of care rate add-on calculation period” means 4 the fiscal year for which quality of care rate add-on amounts 5 are calculated based on adjudicated claims for days of service 6 provided. 7 g. “Upper payment limit” means a reasonable estimate of 8 the amount that would be paid for the services furnished by a 9 facility under Medicare payment principles. 10 2. The department of human services shall submit to the 11 centers for Medicare and Medicaid services of the United States 12 department of health and human services (CMS), a Medicaid state 13 plan amendment to allow a qualifying NSGE to receive a quality 14 of care rate add-on in accordance with the upper payment limit 15 requirements pursuant to 42 C.F.R. §447.272 and managed care 16 requirements pursuant to 42 C.F.R. §438.6. 17 3. The Medicaid state plan amendment submitted shall 18 provide for all of the following: 19 a. Purpose. The NSGO nursing facility quality of care rate 20 add-on shall be made to a qualified NSGE to promote, maintain, 21 and improve resident quality of care and health outcomes. 22 b. Non-state government-owned nursing facility 23 qualifications. An NSGO nursing facility shall qualify for 24 participation in the program if all of the following conditions 25 are met: 26 (1) The NSGE for the NSGO nursing facility has executed a 27 participation agreement with the department. 28 (2) The NSGE for the NSGO nursing facility has provided 29 proof that the entity holds the NSGO nursing facility’s license 30 and has complete operational responsibility for the NSGO 31 nursing facility. 32 (3) The NSGE for the NSGO nursing facility has filed a 33 certification of eligibility application for the quality of 34 care rate add-on program with the department and has received 35 -105- HF766.2510.S (1) 88 jh 105/ 113
approval from the department for participation in the program. 1 (4) The NSGO nursing facility is an active participant 2 in established Medicaid managed care value-based purchasing 3 programs and initiatives in the state. 4 (5) The NSGO nursing facility and the NSGE for the 5 NSGO nursing facility are in compliance with care criteria 6 requirements. 7 c. NSGE participation requirements. An NSGE shall qualify 8 for participation in the program if all of the following 9 conditions are met: 10 (1) The NSGE has executed a nursing facility provider 11 contract with an NSGO nursing facility. 12 (2) The NSGE has provided, and identified the source of, 13 state share dollars for the intergovernmental transfer. 14 (3) The NSGE has provided proof of ownership, if applicable, 15 as the licensed operator of the NSGO nursing facility. 16 (4) The NSGE has provided, to the department, an executed 17 management agreement between the NSGE and the NSGO nursing 18 facility manager. 19 d. Care criteria requirements. A participating NSGO 20 nursing facility shall comply with all of the following care 21 criteria quality metrics, shall adhere to all of the following 22 performance measures to improve the quality of care delivered 23 to residents and to improve efficiency and care avoidance costs 24 for the overall Medicaid program, and shall do all of the 25 following: 26 (1) Develop a written action plan that includes 27 satisfaction survey results, an analysis of the satisfaction 28 survey results with identification of areas in need of 29 improvement, and a process for addressing areas in need of 30 improvement. 31 (2) Develop and implement, within six months of 32 commencement of participation in the program, a written plan 33 for the mitigation of unnecessary inpatient admissions within 34 30 days of a nursing facility discharge. The written plan 35 -106- HF766.2510.S (1) 88 jh 106/ 113
shall include or address all of the following: 1 (a) The inpatient admission management tool which 2 identifies those residents at high risk for the potential 3 return to acute care. 4 (b) The tools to support effective communications. 5 (c) Advance directive planning and implementation. 6 (d) Application of a quality assurance and program 7 integrity methodology to provide a root cause analysis and 8 identify teaching needs. 9 (3) Develop and implement a written plan providing for a 10 proactive pneumonia and influenza vaccination program which 11 shall improve vaccination scores above the national average, 12 as measured using CMS quality metrics. The written plan shall 13 include all of the following: 14 (a) The latest available three-quarter average of both the 15 CMS measure for the percent of long-stay residents assessed and 16 appropriately given the seasonal influenza vaccine and of the 17 CMS measure for the percentage of long-stay residents assessed 18 and appropriately given the pneumococcal vaccine, to establish 19 a baseline. 20 (b) The current measure code score for the CMS measures 21 described in subparagraph division (a). 22 (c) A written plan for an influenza and pneumonia 23 vaccination program to address new admissions and current 24 residents. 25 (4) Elevate healthy aging in the state by implementing 26 a plan that accomplishes at least one of the following 27 strategies: 28 (a) Prevention and reduction of falls. 29 (b) Improved nutrition. 30 (c) Increased physical activity. 31 (d) Reduction in the incidence of depression. 32 (5) Demonstrate improvement above the facility-specific 33 baseline in the CMS five-star quality measures composite 34 scoring. Metrics shall be determined based upon the CMS 35 -107- HF766.2510.S (1) 88 jh 107/ 113
nursing home compare composite score over the preceding 1 twelve-month period. 2 (a) A participating NSGO nursing facility shall provide the 3 most recent three-quarter average of the CMS quality measure 4 star rating to establish a baseline. 5 (b) A participating NSGO nursing facility shall have a star 6 rating of three or better or must demonstrate improvement over 7 the previous quarter with no two quarters below three stars to 8 participate in the program. 9 (c) A participating NSGO nursing facility with a quality 10 measure star rating of three or better for the most recent 11 quarter or that demonstrates improvement in composite scoring 12 with no two quarters consistently below a three-star rating, 13 shall be deemed to have met the care criteria. 14 e. Quality of care rate add-on. 15 (1) The nursing facility quality of care rate add-on 16 provided to a participating NSGE under the program shall not 17 exceed Medicare payment principles pursuant to 42 C.F.R. 18 §447.272 and shall be calculated pursuant to 42 C.F.R. §438.6. 19 The quality of care rate add-on shall be calculated and paid 20 as follows: 21 (a) The methodology utilized to calculate the upper 22 payment limit shall be based on the data available during the 23 calculation period. 24 (b) The eligible amount used in determining the quality 25 of care rate add-on shall be the difference between the state 26 Medicaid payment and the Medicare upper payment limit as 27 determined, based on compliance with the care criteria metrics, 28 on an annual basis. 29 (c) The difference calculated under subparagraph division 30 (b) shall be divided by total patient days as determined under 31 subparagraph division (b). 32 (d) The quality of care rate add-on shall be paid 33 prospectively. 34 (2) The amount of the quality of care rate add-on shall 35 -108- HF766.2510.S (1) 88 jh 108/ 113
be associated with improvement in care of Medicaid nursing 1 facility residents in the state as demonstrated through the 2 specified care criteria. A participating NSGE shall receive 3 payment under the program based on earned percentages related 4 to the care criteria. A participating NSGE shall meet or 5 exceed at least two of the five established care criteria 6 metrics to be eligible for the rate add-on payment for each 7 quarter. After at least two of the five metrics have been met, 8 the participating NSGE shall be eligible for seventy percent 9 of the total eligible quality of care rate add-on amount for a 10 participating NSGO nursing facility. The participating NSGE 11 may qualify for the remaining thirty percent of the total 12 eligible quality of care rate add-on amount, by attribution 13 in ten percent increments, for each additional care criterion 14 that is met up to the full one hundred percent of the eligible 15 quality of care rate add-on amount. 16 f. Change of ownership. 17 (1) A participating NSGO nursing facility shall notify 18 the department of any change of ownership that may affect the 19 participating NSGO nursing facility’s continued eligibility for 20 the program, within thirty days after such change. 21 (2) If a participating NSGO nursing facility changes 22 ownership on or after the first day of the quality of care 23 rate add-on calculation period, the data used for calculations 24 shall include data from the participating NSGO nursing facility 25 for the entire quality of care rate add-on calculation period 26 relating to payments for days of service provided under the 27 prior owner, prorated to reflect only the number of calendar 28 days during the calculation period that the participating NSGO 29 nursing facility is owned by the new owner. 30 g. Payment to participating NSGO nursing facilities. A 31 participating NSGO nursing facility shall secure allowable 32 intergovernmental transfer funds from a participating NSGE 33 to provide the state share amount. The process for the 34 intergovernmental transfer shall comply with the following: 35 -109- HF766.2510.S (1) 88 jh 109/ 113
(1) The department, or the department’s designee, shall 1 notify the participating NSGE of the state share amount to be 2 transferred in the form of an intergovernmental transfer for 3 purposes of seeking federal financial participation for the 4 rate add-on payment, within twenty-five business days after 5 the end of a quarter. The amount shall reflect the percentage 6 of metrics achieved under the care criteria requirement. The 7 participating NSGE shall have five business days from the 8 date of receipt of the departmental notification to sign the 9 participation agreement and remit payment of the state share 10 amount in the form of an intergovernmental transfer to the 11 department or the department’s designee. 12 (2) If the total intergovernmental transfer amount is 13 received by the department or the department’s designee within 14 the five business days as specified, the quality of care rate 15 add-on shall be included in the current quarter per diem rate 16 calculation for the participating NSGO nursing facility. 17 h. Penalties and adjustments. Failure by a participating 18 NSGE to remit the full intergovernmental transfer amount or 19 the correct amount as indicated by the department or the 20 department’s designee within the following defined time frames 21 indicates the participating NSGE has voluntarily elected to 22 withdraw from program participation for that current quarter 23 and must reapply for participation in the program in any 24 subsequent quarter. All of the following shall apply when 25 determining the application of penalties and adjustments: 26 (1) The total amount of the intergovernmental transfer 27 must be received from the participating NSGE by the department 28 or the department’s designee within five business days from 29 receipt by the participating NSGE of notification from the 30 department or the department’s designee of the state share 31 amount. 32 (a) Receipt of the total intergovernmental transfer amount 33 by the department or the department’s designee within five 34 business days is not subject to penalty. 35 -110- HF766.2510.S (1) 88 jh 110/ 113
(b) The date of receipt of notification of the state 1 share amount by the participating NSGE from the department or 2 the department’s designee is the official reference date in 3 measuring the commencement of the five business days. 4 (2) Any intergovernmental transfer amount received by 5 the department or the department’s designee after the fifth 6 business day as specified, but with a date stamp or mailing 7 postal mark indicating a date on or prior to five business 8 days from the date of notification by the department or the 9 department’s designee of the state share amount, shall not be 10 subject to penalty. 11 (3) (a) Any intergovernmental transfer amount received by 12 the department or the department’s designee after the fifth 13 business day as specified, but with a date stamp or postal mark 14 indicating a date after five business days but not exceeding 15 eight business days from the date of notification by the 16 department or the department’s designee of the state share 17 amount, shall be deemed late and the participating NSGE shall 18 receive the quality of care rate add-on, including an assessed 19 penalty of five percent, based on the total intergovernmental 20 transfer payments received during the late period. The five 21 percent penalty shall be applied to the quality of care rate 22 add-on for the quarter in which the intergovernmental transfer 23 amount is late. 24 (b) The department shall notify the participating NSGE of 25 the assessed penalty in writing. If the participating NSGE 26 fails to pay the department or the department’s designee the 27 assessed penalty within the time frame noted on the written 28 notice to the participating NSGE, the assessed penalty shall be 29 deducted in accordance with the state Medicaid fee-for-service 30 recoupment process. The penalty shall be paid regardless 31 of any appeal requested by the participating NSGE. If an 32 appeal results in a decision to disallow a portion of or the 33 entire assessed penalty, reimbursement to the participating 34 NSGE shall be made as part of future Medicaid payments to the 35 -111- HF766.2510.S (1) 88 jh 111/ 113
participating NSGO nursing facility. 1 (4) If a participating NSGO nursing facility fails to 2 achieve, at a minimum, two of the required care criteria 3 metrics for two consecutive quarters, the participating NSGO 4 nursing facility shall be suspended from participation in the 5 program for two subsequent quarters. An NSGO nursing facility 6 that has been suspended for a total of four quarters within a 7 two-year period due to noncompliance with the required care 8 criteria shall be terminated from the program, and shall be 9 required to reapply for approval to participate at a subsequent 10 time. Readmittance into the program is at the sole discretion 11 of the department, taking into consideration input from 12 stakeholders. If the NSGO nursing facility is subsequently 13 readmitted to the program, terms of participation may include a 14 probationary period with defined requirements related to care. 15 4. The quality of care rate add-on shall only be implemented 16 upon receipt by the department of approval of the Medicaid 17 state plan amendment by CMS, and if such approval is received, 18 the rate add-on is applicable no earlier than the first day 19 of the calendar quarter following the date of receipt of such 20 approval. 21 Sec. 106. REPEAL. 2016 Iowa Acts, chapter 1139, sections 22 80, 81, 82, 83, and 84, are repealed. 23 Sec. 107. REPEAL. 2017 Iowa Acts, chapter 174, sections 24 113, 114, 115, and 116, are repealed. 25 Sec. 108. EFFECTIVE UPON ENACTMENT. This division of this 26 Act, being deemed of immediate importance, takes effect upon 27 enactment. 28 Sec. 109. IMPLEMENTATION PROVISIONS. 29 1. The section of this division of this Act directing the 30 department of human services to submit a Medicaid state plan 31 amendment to CMS shall be implemented as soon as possible 32 following enactment, consistent with all applicable federal 33 requirements. 34 2. The section of this division of this Act amending 35 -112- HF766.2510.S (1) 88 jh 112/ 113
section 249L.2, shall only be implemented upon receipt by 1 the department of human services of approval of the Medicaid 2 state plan amendment by CMS, and if such approval is received, 3 is applicable no earlier than the first day of the calendar 4 quarter following the date of receipt of such approval. >> 5 -113- HF766.2510.S (1) 88 jh 113/ 113