House File 766 H-1323 Amend the Senate amendment, H-1322, to House File 766, as 1 amended, passed, and reprinted by the House, as follows: 2 1. By striking page 1, line 1, through page 113, line 5, and 3 inserting: 4 < Amend House File 766, as amended, passed, and reprinted by 5 the House, as follows: 6 1. By striking everything after the enacting clause and 7 inserting: 8 < DIVISION I 9 DEPARTMENT ON AGING —— FY 2019-2020 10 Section 1. DEPARTMENT ON AGING. There is appropriated from 11 the general fund of the state to the department on aging for 12 the fiscal year beginning July 1, 2019, and ending June 30, 13 2020, the following amount, or so much thereof as is necessary, 14 to be used for the purposes designated: 15 For aging programs for the department on aging and area 16 agencies on aging to provide citizens of Iowa who are 60 years 17 of age and older with case management for frail elders, Iowa’s 18 aging and disabilities resource center, and other services 19 which may include but are not limited to adult day services, 20 respite care, chore services, information and assistance, 21 and material aid, for information and options counseling for 22 persons with disabilities who are 18 years of age or older, 23 and for salaries, support, administration, maintenance, and 24 miscellaneous purposes, and for not more than the following 25 full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,191,441 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 28 1. Funds appropriated in this section may be used to 29 supplement federal funds under federal regulations. To 30 receive funds appropriated in this section, a local area 31 agency on aging shall match the funds with moneys from other 32 sources according to rules adopted by the department. Funds 33 appropriated in this section may be used for elderly services 34 not specifically enumerated in this section only if approved 35 -1- H1322.2507 (4) 88 pf/rn 1/ 113 #1.
by an area agency on aging for provision of the service within 1 the area. 2 2. Of the funds appropriated in this section, $279,000 is 3 transferred to the economic development authority for the Iowa 4 commission on volunteer services to be used for the retired and 5 senior volunteer program. 6 3. a. The department on aging shall establish and enforce 7 procedures relating to expenditure of state and federal funds 8 by area agencies on aging that require compliance with both 9 state and federal laws, rules, and regulations, including but 10 not limited to all of the following: 11 (1) Requiring that expenditures are incurred only for goods 12 or services received or performed prior to the end of the 13 fiscal period designated for use of the funds. 14 (2) Prohibiting prepayment for goods or services not 15 received or performed prior to the end of the fiscal period 16 designated for use of the funds. 17 (3) Prohibiting prepayment for goods or services not 18 defined specifically by good or service, time period, or 19 recipient. 20 (4) Prohibiting the establishment of accounts from which 21 future goods or services which are not defined specifically by 22 good or service, time period, or recipient, may be purchased. 23 b. The procedures shall provide that if any funds are 24 expended in a manner that is not in compliance with the 25 procedures and applicable federal and state laws, rules, and 26 regulations, and are subsequently subject to repayment, the 27 area agency on aging expending such funds in contravention of 28 such procedures, laws, rules and regulations, not the state, 29 shall be liable for such repayment. 30 4. Of the funds appropriated in this section, at least 31 $600,000 shall be used to fund home and community-based 32 services through the area agencies on aging that enable older 33 individuals to avoid more costly utilization of residential or 34 institutional services and remain in their own homes. 35 -2- H1322.2507 (4) 88 pf/rn 2/ 113
5. Of the funds appropriated in this section, $812,000 shall 1 be used for the purposes of chapter 231E and to administer 2 the prevention of elder abuse, neglect, and exploitation 3 program pursuant to section 231.56A , in accordance with the 4 requirements of the federal Older Americans Act of 1965, 42 5 U.S.C. §3001 et seq., as amended. 6 6. Of the funds appropriated in this section, $1,000,000 7 shall be used to fund continuation of the aging and disability 8 resource center lifelong links to provide individuals and 9 caregivers with information and services to plan for and 10 maintain independence. 11 7. Of the funds appropriated in this section, $250,000 12 shall be used by the department on aging, in collaboration with 13 the department of human services and affected stakeholders, to 14 expand the pilot initiative to provide long-term care options 15 counseling utilizing support planning protocols, to assist 16 non-Medicaid eligible consumers who indicate a preference 17 to return to the community and are deemed appropriate for 18 discharge, to return to their community following a nursing 19 facility stay. The department on aging shall submit a report 20 regarding the outcomes of the pilot initiative to the governor 21 and the general assembly by December 15, 2019. 22 DIVISION II 23 OFFICE OF LONG-TERM CARE OMBUDSMAN —— FY 2019-2020 24 Sec. 2. OFFICE OF LONG-TERM CARE OMBUDSMAN. There is 25 appropriated from the general fund of the state to the office 26 of long-term care ombudsman for the fiscal year beginning July 27 1, 2019, and ending June 30, 2020, the following amount, or 28 so much thereof as is necessary, to be used for the purposes 29 designated: 30 For salaries, support, administration, maintenance, and 31 miscellaneous purposes, and for not more than the following 32 full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,149,821 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.00 35 -3- H1322.2507 (4) 88 pf/rn 3/ 113
DIVISION III 1 DEPARTMENT OF PUBLIC HEALTH —— FY 2019-2020 2 Sec. 3. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 3 from the general fund of the state to the department of public 4 health for the fiscal year beginning July 1, 2019, and ending 5 June 30, 2020, the following amounts, or so much thereof as is 6 necessary, to be used for the purposes designated: 7 1. ADDICTIVE DISORDERS 8 For reducing the prevalence of the use of tobacco, alcohol, 9 and other drugs, and treating individuals affected by addictive 10 behaviors, including gambling, and for not more than the 11 following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,110,000 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 14 a. (1) Of the funds appropriated in this subsection, 15 $4,021,000 shall be used for the tobacco use prevention 16 and control initiative, including efforts at the state and 17 local levels, as provided in chapter 142A . The commission 18 on tobacco use prevention and control established pursuant 19 to section 142A.3 shall advise the director of public health 20 in prioritizing funding needs and the allocation of moneys 21 appropriated for the programs and initiatives. Activities 22 of the programs and initiatives shall be in alignment with 23 the United States centers for disease control and prevention 24 best practices for comprehensive tobacco control programs that 25 include the goals of preventing youth initiation of tobacco 26 usage, reducing exposure to secondhand smoke, and promotion 27 of tobacco cessation. To maximize resources, the department 28 shall determine if third-party sources are available to 29 instead provide nicotine replacement products to an applicant 30 prior to provision of such products to an applicant under 31 the initiative. The department shall track and report to 32 the individuals specified in this Act, any reduction in 33 the provision of nicotine replacement products realized by 34 the initiative through implementation of the prerequisite 35 -4- H1322.2507 (4) 88 pf/rn 4/ 113
screening. 1 (2) (a) The department shall collaborate with the 2 alcoholic beverages division of the department of commerce for 3 enforcement of tobacco laws, regulations, and ordinances and to 4 engage in tobacco control activities approved by the division 5 of tobacco use prevention and control of the department of 6 public health as specified in the memorandum of understanding 7 entered into between the divisions. 8 (b) For the fiscal year beginning July 1, 2019, and ending 9 June 30, 2020, the terms of the memorandum of understanding, 10 entered into between the division of tobacco use prevention 11 and control of the department of public health and the 12 alcoholic beverages division of the department of commerce, 13 governing compliance checks conducted to ensure licensed retail 14 tobacco outlet conformity with tobacco laws, regulations, and 15 ordinances relating to persons under 18 years of age, shall 16 continue to restrict the number of such checks to one check per 17 retail outlet, and one additional check for any retail outlet 18 found to be in violation during the first check. 19 b. (1) Of the funds appropriated in this subsection, 20 $21,089,000 shall be used for problem gambling and 21 substance-related disorder prevention, treatment, and recovery 22 services, including a 24-hour helpline, public information 23 resources, professional training, youth prevention, and program 24 evaluation. 25 (2) Of the amount allocated under this paragraph, $306,000 26 shall be utilized by the department of public health, in 27 collaboration with the department of human services, to support 28 establishment and maintenance of a single statewide 24-hour 29 crisis hotline for the Iowa children’s behavioral health system 30 that incorporates warmline services which may be provided 31 through expansion of existing capabilities maintained by the 32 department of public health as required pursuant to 2018 Iowa 33 Acts, chapter 1056, section 16. 34 c. The requirement of section 123.17, subsection 5 , is met 35 -5- H1322.2507 (4) 88 pf/rn 5/ 113
by the appropriations and allocations made in this division of 1 this Act for purposes of substance-related disorder treatment 2 and addictive disorders for the fiscal year beginning July 1, 3 2019. 4 2. HEALTHY CHILDREN AND FAMILIES 5 For promoting the optimum health status for children and 6 adolescents from birth through 21 years of age, and families, 7 and for not more than the following full-time equivalent 8 positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,817,057 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 11 a. Of the funds appropriated in this subsection, not more 12 than $734,000 shall be used for the healthy opportunities for 13 parents to experience success (HOPES)-healthy families Iowa 14 (HFI) program established pursuant to section 135.106. The 15 funding shall be distributed to renew the grants that were 16 provided to the grantees that operated the program during the 17 fiscal year ending June 30, 2018. However, the department 18 shall issue a request for proposals and distribute grants to 19 the grantees selected to operate the program no later than 20 January 1, 2020. The department shall not retain any portion 21 of the allocation under this paragraph for administrative 22 costs. 23 b. In order to implement the legislative intent stated 24 in sections 135.106 and 256I.9 , priority for home visitation 25 program funding shall be given to programs using evidence-based 26 or promising models for home visitation. 27 c. Of the funds appropriated in this subsection, $3,075,000 28 shall be used for continuation of the department’s initiative 29 to provide for adequate developmental surveillance and 30 screening during a child’s first five years. The funds shall 31 be used first to fully fund the current sites to ensure that 32 the sites are fully operational, with the remaining funds 33 to be used for expansion to additional sites. The full 34 implementation and expansion shall include enhancing the scope 35 -6- H1322.2507 (4) 88 pf/rn 6/ 113
of the initiative through collaboration with the child health 1 specialty clinics to promote healthy child development through 2 early identification and response to both biomedical and social 3 determinants of healthy development; by monitoring child 4 health metrics to inform practice, document long-term health 5 impacts and savings, and provide for continuous improvement 6 through training, education, and evaluation; and by providing 7 for practitioner consultation particularly for children with 8 behavioral conditions and needs. The department of public 9 health shall also collaborate with the Iowa Medicaid enterprise 10 and the child health specialty clinics to integrate the 11 activities of the first five initiative into the establishment 12 of patient-centered medical homes, community utilities, 13 accountable care organizations, and other integrated care 14 models developed to improve health quality and population 15 health while reducing health care costs. To the maximum extent 16 possible, funding allocated in this paragraph shall be utilized 17 as matching funds for medical assistance program reimbursement. 18 d. Of the funds appropriated in this subsection, $64,000 19 shall be distributed to a statewide dental carrier to provide 20 funds to continue the donated dental services program patterned 21 after the projects developed by the dental lifeline network to 22 provide dental services to indigent individuals who are elderly 23 or with disabilities. 24 e. Of the funds appropriated in this subsection, $156,000 25 shall be used to provide audiological services and hearing aids 26 for children. 27 f. Of the funds appropriated in this subsection, $23,000 is 28 transferred to the university of Iowa college of dentistry for 29 provision of primary dental services to children. State funds 30 shall be matched on a dollar-for-dollar basis. The university 31 of Iowa college of dentistry shall coordinate efforts with the 32 department of public health, oral and health delivery system 33 bureau, to provide dental care to underserved populations 34 throughout the state. 35 -7- H1322.2507 (4) 88 pf/rn 7/ 113
g. Of the funds appropriated in this subsection, $50,000 1 shall be used to address youth suicide prevention. 2 h. Of the funds appropriated in this subsection, $40,000 3 shall be used to support the Iowa effort to address the survey 4 of children who experience adverse childhood experiences known 5 as ACEs. 6 i. Of the funds appropriated in this subsection, up to 7 $494,000 shall be used for childhood obesity prevention. 8 3. CHRONIC CONDITIONS 9 For serving individuals identified as having chronic 10 conditions or special health care needs, and for not more than 11 the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,223,519 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.00 14 a. Of the funds appropriated in this subsection, $153,000 15 shall be used for grants to individual patients who have an 16 inherited metabolic disorder to assist with the costs of 17 medically necessary foods and formula. 18 b. Of the funds appropriated in this subsection, $1,055,000 19 shall be used for the brain injury services program pursuant 20 to section 135.22B, including $861,000 for contracting with an 21 existing nationally affiliated and statewide organization whose 22 purpose is to educate, serve, and support Iowans with brain 23 injury and their families, for resource facilitator services 24 in accordance with section 135.22B, subsection 9, and for 25 contracting to enhance brain injury training and recruitment 26 of service providers on a statewide basis. Of the amount 27 allocated in this paragraph, $95,000 shall be used to fund 28 one full-time equivalent position to serve as the state brain 29 injury services program manager. 30 c. Of the funds appropriated in this subsection, $144,000 31 shall be used for the public purpose of continuing to contract 32 with an existing nationally affiliated organization to provide 33 education, client-centered programs, and client and family 34 support for people living with epilepsy and their families. 35 -8- H1322.2507 (4) 88 pf/rn 8/ 113
The amount allocated in this paragraph in excess of $50,000 1 shall be matched dollar-for-dollar by the organization 2 specified. Funds allocated under this paragraph shall be 3 distributed in their entirety for the purpose specified on July 4 1, 2019. 5 d. Of the funds appropriated in this subsection, $809,000 6 shall be used for child health specialty clinics. 7 e. Of the funds appropriated in this subsection, $384,000 8 shall be used by the regional autism assistance program 9 established pursuant to section 256.35 , and administered by 10 the child health specialty clinic located at the university of 11 Iowa hospitals and clinics. The funds shall be used to enhance 12 interagency collaboration and coordination of educational, 13 medical, and other human services for persons with autism, 14 their families, and providers of services, including delivering 15 regionalized services of care coordination, family navigation, 16 and integration of services through the statewide system of 17 regional child health specialty clinics and fulfilling other 18 requirements as specified in chapter 225D . The university of 19 Iowa shall not receive funds allocated under this paragraph for 20 indirect costs associated with the regional autism assistance 21 program. 22 f. Of the funds appropriated in this subsection, $577,000 23 shall be used for the comprehensive cancer control program to 24 reduce the burden of cancer in Iowa through prevention, early 25 detection, effective treatment, and ensuring quality of life. 26 Of the funds allocated in this paragraph “f”, $150,000 shall 27 be used to support a melanoma research symposium, a melanoma 28 biorepository and registry, basic and translational melanoma 29 research, and clinical trials. 30 g. Of the funds appropriated in this subsection, $97,000 31 shall be used for cervical and colon cancer screening, and 32 $177,000 shall be used to enhance the capacity of the cervical 33 cancer screening program to include provision of recommended 34 prevention and early detection measures to a broader range of 35 -9- H1322.2507 (4) 88 pf/rn 9/ 113
low-income women. 1 h. Of the funds appropriated in this subsection, $506,000 2 shall be used for the center for congenital and inherited 3 disorders. 4 4. COMMUNITY CAPACITY 5 For strengthening the health care delivery system at the 6 local level, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,594,677 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 10 a. Of the funds appropriated in this subsection, $95,000 11 is allocated for continuation of the child vision screening 12 program implemented through the university of Iowa hospitals 13 and clinics in collaboration with early childhood Iowa areas. 14 The program shall submit a report to the department regarding 15 the use of funds allocated under this paragraph “a”. The 16 report shall include the objectives and results for the 17 program year including the target population and how the funds 18 allocated assisted the program in meeting the objectives; the 19 number, age, and location within the state of individuals 20 served; the type of services provided to the individuals 21 served; the distribution of funds based on service provided; 22 and the continuing needs of the program. 23 b. Of the funds appropriated in this subsection, 24 $48,000 shall be used for a grant to a statewide association 25 of psychologists, that is affiliated with the American 26 psychological association, to be used for continuation of a 27 program to rotate intern psychologists in placements in urban 28 and rural mental health professional shortage areas. For the 29 purposes of this paragraph “b”, “mental health professional 30 shortage area” means a geographic area in this state that has 31 been designated by the United States department of health and 32 human services, health resources and services administration, 33 bureau of health professionals, as having a shortage of mental 34 health professionals. 35 -10- H1322.2507 (4) 88 pf/rn 10/ 113
c. Of the funds appropriated in this subsection, the 1 following amounts are allocated to be used as follows 2 to support the goals of increased access, health system 3 integration, and engagement: 4 (1) Not less than $600,000 is allocated to the Iowa 5 prescription drug corporation for continuation of the 6 pharmaceutical infrastructure for safety net providers as 7 described in 2007 Iowa Acts, chapter 218, section 108, and for 8 the prescription drug donation repository program created in 9 chapter 135M. Funds allocated under this subparagraph shall 10 be distributed in their entirety for the purpose specified on 11 July 1, 2019. 12 (2) Not less than $334,000 is allocated to free clinics and 13 free clinics of Iowa for necessary infrastructure, statewide 14 coordination, provider recruitment, service delivery, and 15 provision of assistance to patients in securing a medical home 16 inclusive of oral health care. Funds allocated under this 17 subparagraph shall be distributed in their entirety for the 18 purpose specified on July 1, 2019. 19 (3) Not less than $25,000 is allocated to the Iowa 20 association of rural health clinics for necessary 21 infrastructure and service delivery transformation. Funds 22 allocated under this subparagraph shall be distributed in their 23 entirety for the purpose specified on July 1, 2019. 24 (4) Not less than $225,000 is allocated to the Polk county 25 medical society for continuation of the safety net provider 26 patient access to specialty health care initiative as described 27 in 2007 Iowa Acts, chapter 218, section 109. Funds allocated 28 under this subparagraph shall be distributed in their entirety 29 for the purpose specified on July 1, 2019. 30 d. Of the funds appropriated in this subsection, $191,000 31 is allocated for the purposes of health care and public health 32 workforce initiatives. 33 e. Of the funds appropriated in this subsection, $96,000 34 shall be used for a matching dental education loan repayment 35 -11- H1322.2507 (4) 88 pf/rn 11/ 113
program to be allocated to a dental nonprofit health service 1 corporation to continue to develop the criteria and implement 2 the loan repayment program. 3 f. Of the funds appropriated in this subsection, $100,000 4 shall be used for the purposes of the Iowa donor registry as 5 specified in section 142C.18 . 6 g. Of the funds appropriated in this subsection, $96,000 7 shall be used for continuation of a grant to a nationally 8 affiliated volunteer eye organization that has an established 9 program for children and adults and that is solely dedicated to 10 preserving sight and preventing blindness through education, 11 nationally certified vision screening and training, and 12 community and patient service programs. The contractor shall 13 submit a report to the individuals identified in this Act for 14 submission of reports regarding the use of funds allocated 15 under this paragraph “g”. The report shall include the 16 objectives and results for the program year including the 17 target population and how the funds allocated assisted the 18 program in meeting the objectives; the number, age, grade level 19 if appropriate, and location within the state of individuals 20 served; the type of services provided to the individuals 21 served; the distribution of funds based on services provided; 22 and the continuing needs of the program. 23 h. Of the funds appropriated in this subsection, $2,000,000 24 shall be deposited in the medical residency training account 25 created in section 135.175, subsection 5, paragraph “a”, and 26 is appropriated from the account to the department of public 27 health to be used for the purposes of the medical residency 28 training state matching grants program as specified in section 29 135.176. 30 i. Of the funds appropriated in this subsection, $250,000 31 shall be used for the public purpose of providing funding to 32 Des Moines university to continue a provider education project 33 to provide primary care physicians with the training and skills 34 necessary to recognize the signs of mental illness in patients. 35 -12- H1322.2507 (4) 88 pf/rn 12/ 113
j. Of the funds appropriated in this subsection, $400,000 1 shall be used for rural psychiatric residencies to support the 2 annual creation and training of four psychiatric residents who 3 will provide mental health services in underserved areas of the 4 state. 5 k. Of the funds appropriated in this subsection, $150,000 6 shall be used for psychiatric training to increase access to 7 mental health care services by expanding the mental health 8 workforce via training of additional physician assistants and 9 nurse practitioners. 10 5. ESSENTIAL PUBLIC HEALTH SERVICES 11 To provide public health services that reduce risks and 12 invest in promoting and protecting good health over the 13 course of a lifetime with a priority given to older Iowans and 14 vulnerable populations: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,662,464 16 6. INFECTIOUS DISEASES 17 For reducing the incidence and prevalence of communicable 18 diseases, and for not more than the following full-time 19 equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,796,426 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 22 7. PUBLIC PROTECTION 23 For protecting the health and safety of the public through 24 establishing standards and enforcing regulations, and for not 25 more than the following full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,093,383 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 142.00 28 a. Of the funds appropriated in this subsection, not more 29 than $304,000 shall be credited to the emergency medical 30 services fund created in section 135.25 . Moneys in the 31 emergency medical services fund are appropriated to the 32 department to be used for the purposes of the fund. 33 b. Of the funds appropriated in this subsection, up 34 to $243,000 shall be used for sexual violence prevention 35 -13- H1322.2507 (4) 88 pf/rn 13/ 113
programming through a statewide organization representing 1 programs serving victims of sexual violence through the 2 department’s sexual violence prevention program, and for 3 continuation of a training program for sexual assault 4 response team (SART) members, including representatives of 5 law enforcement, victim advocates, prosecutors, and certified 6 medical personnel. However, the department shall issue 7 a request for proposals and execute a contract with the 8 contractor selected to provide the programming and training 9 as specified in this paragraph no later than January 1, 2020. 10 The amount allocated in this paragraph “b” shall not be used 11 to supplant funding administered for other sexual violence 12 prevention or victims assistance programs. The department 13 shall not retain any portion of the allocation under this 14 paragraph for administrative costs. 15 c. Of the funds appropriated in this subsection, up to 16 $500,000 shall be used for the state poison control center. 17 Pursuant to the directive under 2014 Iowa Acts, chapter 18 1140, section 102 , the federal matching funds available to 19 the state poison control center from the department of human 20 services under the federal Children’s Health Insurance Program 21 Reauthorization Act allotment shall be subject to the federal 22 administrative cap rule of 10 percent applicable to funding 23 provided under Tit. XXI of the federal Social Security Act and 24 included within the department’s calculations of the cap. 25 d. Of the funds appropriated in this subsection, up to 26 $504,000 shall be used for childhood lead poisoning provisions. 27 8. RESOURCE MANAGEMENT 28 For establishing and sustaining the overall ability of the 29 department to deliver services to the public, and for not more 30 than the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 971,215 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 33 9. MISCELLANEOUS PROVISIONS 34 a. The university of Iowa hospitals and clinics under 35 -14- H1322.2507 (4) 88 pf/rn 14/ 113
the control of the state board of regents shall not receive 1 indirect costs from the funds appropriated in this section. 2 The university of Iowa hospitals and clinics billings to the 3 department shall be on at least a quarterly basis. 4 b. The department of public health shall collaborate 5 with applicable stakeholders to review the allocations, 6 grants, and other distributions of funds appropriated under 7 this division of this Act and shall submit a report to the 8 individuals identified in this Act for submission of reports by 9 December 15, 2019, regarding a proposal for the distribution 10 of funds that more clearly reflects the department’s stated 11 priorities and goals, provides increased flexibility in the 12 distribution of funds to meet these priorities and goals, and 13 ensures stakeholder accountability and a discernable return on 14 investment. 15 Sec. 4. CONTRACTED SERVICES —— PROHIBITED USE OF GENERAL 16 FUND MONEYS FOR LOBBYING. 17 1. The department shall submit a report to the individuals 18 identified in this Act for submission of reports by January 1, 19 2020, 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 22 this Act, and for which a request for proposals process is 23 specifically required. 24 2. The department shall incorporate into the general 25 conditions applicable to all award documents involving funding 26 appropriated or allocated from the general fund of the state to 27 the department under this division of this Act, a prohibition 28 against the use of such funding for the compensation of a 29 lobbyist. For the purposes of this section, “lobbyist” means 30 the same as defined in section 68B.2; however, “lobbyist” 31 does not include a person employed by a state agency of the 32 executive branch of state government who represents the agency 33 relative to the passage, defeat, approval, or modification of 34 legislation that is being considered by the general assembly. 35 -15- H1322.2507 (4) 88 pf/rn 15/ 113
DIVISION IV 1 DEPARTMENT OF VETERANS AFFAIRS —— FY 2019-2020 2 Sec. 5. DEPARTMENT OF VETERANS AFFAIRS. There is 3 appropriated from the general fund of the state to the 4 department of veterans affairs for the fiscal year beginning 5 July 1, 2019, and ending June 30, 2020, the following amounts, 6 or so much thereof as is necessary, to be used for the purposes 7 designated: 8 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 9 For salaries, support, maintenance, and miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,225,500 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 14 2. IOWA VETERANS HOME 15 For salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,162,976 18 a. The Iowa veterans home billings involving the department 19 of human services shall be submitted to the department on at 20 least a monthly basis. 21 b. Within available resources and in conformance with 22 associated state and federal program eligibility requirements, 23 the Iowa veterans home may implement measures to provide 24 financial assistance to or on behalf of veterans or their 25 spouses who are participating in the community reentry program. 26 c. The Iowa veterans home expenditure report shall be 27 submitted monthly to the legislative services agency. 28 d. The Iowa veterans home shall continue to include in the 29 annual discharge report applicant information to provide for 30 the collection of demographic information including but not 31 limited to the number of individuals applying for admission and 32 admitted or denied admittance and the basis for the admission 33 or denial; the age, gender, and race of such individuals; 34 and the level of care for which such individuals applied for 35 -16- H1322.2507 (4) 88 pf/rn 16/ 113
admission including residential or nursing level of care. 1 3. HOME OWNERSHIP ASSISTANCE PROGRAM 2 For transfer to the Iowa finance authority for the 3 continuation of the home ownership assistance program for 4 persons who are or were eligible members of the armed forces of 5 the United States, pursuant to section 16.54 : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 7 Sec. 6. LIMITATION OF COUNTY COMMISSIONS OF VETERAN AFFAIRS 8 FUND STANDING APPROPRIATIONS. Notwithstanding the standing 9 appropriation in section 35A.16 for the fiscal year beginning 10 July 1, 2019, and ending June 30, 2020, the amount appropriated 11 from the general fund of the state pursuant to that section 12 for the following designated purposes shall not exceed the 13 following amount: 14 For the county commissions of veteran affairs fund under 15 section 35A.16 : 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 990,000 17 DIVISION V 18 DEPARTMENT OF HUMAN SERVICES —— FY 2019-2020 19 Sec. 7. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 20 GRANT. There is appropriated from the fund created in section 21 8.41 to the department of human services for the fiscal year 22 beginning July 1, 2019, and ending June 30, 2020, from moneys 23 received under the federal temporary assistance for needy 24 families (TANF) block grant pursuant to the federal Personal 25 Responsibility and Work Opportunity Reconciliation Act of 1996, 26 Pub. L. No. 104-193, and successor legislation, the following 27 amounts, or so much thereof as is necessary, to be used for the 28 purposes designated: 29 1. To be credited to the family investment program account 30 and used for assistance under the family investment program 31 under chapter 239B : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,524,006 33 2. To be credited to the family investment program account 34 and used for the job opportunities and basic skills (JOBS) 35 -17- H1322.2507 (4) 88 pf/rn 17/ 113
program and implementing family investment agreements in 1 accordance with chapter 239B : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,412,060 3 3. To be used for the family development and 4 self-sufficiency grant program in accordance with section 5 216A.107 : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 7 Notwithstanding section 8.33 , moneys appropriated in this 8 subsection that remain unencumbered or unobligated at the close 9 of the fiscal year shall not revert but shall remain available 10 for expenditure for the purposes designated until the close of 11 the succeeding fiscal year. However, unless such moneys are 12 encumbered or obligated on or before September 30, 2020, the 13 moneys shall revert. 14 4. For field operations: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 16 5. For general administration: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 18 6. For state child care assistance: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,166,826 20 a. Of the funds appropriated in this subsection, 21 $26,205,412 is transferred to the child care and development 22 block grant appropriation made by the Eighty-eighth General 23 Assembly, 2019 session, for the federal fiscal year beginning 24 October 1, 2019, and ending September 30, 2020. Of this 25 amount, $200,000 shall be used for provision of educational 26 opportunities to registered child care home providers in order 27 to improve services and programs offered by this category 28 of providers and to increase the number of providers. The 29 department may contract with institutions of higher education 30 or child care resource and referral centers to provide 31 the educational opportunities. Allowable administrative 32 costs under the contracts shall not exceed 5 percent. The 33 application for a grant shall not exceed two pages in length. 34 b. Any funds appropriated in this subsection remaining 35 -18- H1322.2507 (4) 88 pf/rn 18/ 113
unallocated shall be used for state child care assistance 1 payments for families who are employed including but not 2 limited to individuals enrolled in the family investment 3 program. 4 7. For child and family services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 6 8. For child abuse prevention grants: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 8 9. For pregnancy prevention grants on the condition that 9 family planning services are funded: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,913,203 11 Pregnancy prevention grants shall be awarded to programs 12 in existence on or before July 1, 2019, if the programs have 13 demonstrated positive outcomes. Grants shall be awarded to 14 pregnancy prevention programs which are developed after July 15 1, 2019, 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 11. a. Notwithstanding any provision to the contrary, 29 including but not limited to requirements in section 8.41 or 30 provisions in 2018 Iowa Acts or 2019 Iowa Acts regarding the 31 receipt and appropriation of federal block grants, federal 32 funds from the temporary assistance for needy families block 33 grant received by the state and not otherwise appropriated 34 in this section and remaining available for the fiscal year 35 -19- H1322.2507 (4) 88 pf/rn 19/ 113
beginning July 1, 2019, are appropriated to the department of 1 human services to the extent as may be necessary to be used in 2 the following priority order: the family investment program, 3 for state child care assistance program payments for families 4 who are employed, and for the family investment program share 5 of system costs for eligibility determination and related 6 functions. The federal funds appropriated in this paragraph 7 “a” shall be expended only after all other funds appropriated 8 in subsection 1 for assistance under the family investment 9 program, in subsection 6 for state child care assistance, or 10 in subsection 10 for technology costs related to the family 11 investment program, as applicable, have been expended. For 12 the purposes of this subsection, the funds appropriated in 13 subsection 6, paragraph “a”, for transfer to the child care 14 and development block grant appropriation are considered fully 15 expended when the full amount has been transferred. 16 b. The department shall, on a quarterly basis, advise the 17 legislative services agency and department of management of 18 the amount of funds appropriated in this subsection that was 19 expended in the prior quarter. 20 12. Of the amounts appropriated in this section, 21 $12,962,008 for the fiscal year beginning July 1, 2019, is 22 transferred to the appropriation of the federal social services 23 block grant made to the department of human services for that 24 fiscal year. 25 13. For continuation of the program providing categorical 26 eligibility for the food assistance program as specified 27 for the program in the section of this division of this Act 28 relating to the family investment program account: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,236 30 14. The department may transfer funds allocated in this 31 section to the appropriations made in this division of this Act 32 for the same fiscal year for general administration and field 33 operations for resources necessary to implement and operate the 34 services referred to in this section and those funded in the 35 -20- H1322.2507 (4) 88 pf/rn 20/ 113
appropriation made in this division of this Act for the same 1 fiscal year for the family investment program from the general 2 fund of the state. 3 15. With the exception of moneys allocated under this 4 section for the family development and self-sufficiency grant 5 program, to the extent moneys allocated in this section are 6 deemed by the department not to be necessary to support the 7 purposes for which they are allocated, such moneys may be 8 used in the same fiscal year for any other purpose for which 9 funds are allocated in this section or in section 8 of this 10 division for the family investment program account. If there 11 are conflicting needs, priority shall first be given to the 12 family investment program account as specified under subsection 13 1 of this section and used for the purposes of assistance under 14 the family investment program in accordance with chapter 239B , 15 followed by state child care assistance program payments for 16 families who are employed, followed by other priorities as 17 specified by the department. 18 Sec. 8. FAMILY INVESTMENT PROGRAM ACCOUNT. 19 1. Moneys credited to the family investment program (FIP) 20 account for the fiscal year beginning July 1, 2019, and 21 ending June 30, 2020, shall be used to provide assistance in 22 accordance with chapter 239B . 23 2. The department may use a portion of the moneys credited 24 to the FIP account under this section as necessary for 25 salaries, support, maintenance, and miscellaneous purposes. 26 3. The department may transfer funds allocated in 27 subsection 4, excluding the allocation under subsection 4, 28 paragraph “b”, to the appropriations made in this division of 29 this Act for the same fiscal year for general administration 30 and field operations for resources necessary to implement 31 and operate the services referred to in this section and 32 those funded in the appropriations made in section 7 for the 33 temporary assistance for needy families block grant and in 34 section 9 for the family investment program from the general 35 -21- H1322.2507 (4) 88 pf/rn 21/ 113
fund of the state in this division of this Act for the same 1 fiscal year. 2 4. Moneys appropriated in this division of this Act and 3 credited to the FIP account for the fiscal year beginning July 4 1, 2019, and ending June 30, 2020, are allocated as follows: 5 a. To be retained by the department of human services to 6 be used for coordinating with the department of human rights 7 to more effectively serve participants in FIP and other shared 8 clients and to meet federal reporting requirements under the 9 federal temporary assistance for needy families block grant: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 11 b. To the department of human rights for staffing, 12 administration, and implementation of the family development 13 and self-sufficiency grant program in accordance with section 14 216A.107 : 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,192,834 16 (1) Of the funds allocated for the family development 17 and self-sufficiency grant program in this paragraph “b”, 18 not more than 5 percent of the funds shall be used for the 19 administration of the grant program. 20 (2) The department of human rights may continue to implement 21 the family development and self-sufficiency grant program 22 statewide during fiscal year 2019-2020. 23 (3) The department of human rights may engage in activities 24 to strengthen and improve family outcomes measures and 25 data collection systems under the family development and 26 self-sufficiency grant program. 27 c. For the diversion subaccount of the FIP account: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 815,000 29 A portion of the moneys allocated for the diversion 30 subaccount may be used for field operations, salaries, data 31 management system development, and implementation costs and 32 support deemed necessary by the director of human services 33 in order to administer the FIP diversion program. To the 34 extent moneys allocated in this paragraph “c” are deemed by the 35 -22- H1322.2507 (4) 88 pf/rn 22/ 113
department not to be necessary to support diversion activities, 1 such moneys may be used for other efforts intended to increase 2 engagement by family investment program participants in work, 3 education, or training activities, or for the purposes of 4 assistance under the family investment program in accordance 5 with chapter 239B . 6 d. For the food assistance employment and training program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 8 (1) The department shall apply the federal supplemental 9 nutrition assistance program (SNAP) employment and training 10 state plan in order to maximize to the fullest extent permitted 11 by federal law the use of the 50 percent federal reimbursement 12 provisions for the claiming of allowable federal reimbursement 13 funds from the United States department of agriculture 14 pursuant to the federal SNAP employment and training program 15 for providing education, employment, and training services 16 for eligible food assistance program participants, including 17 but not limited to related dependent care and transportation 18 expenses. 19 (2) The department shall continue the categorical federal 20 food assistance program eligibility at 160 percent of the 21 federal poverty level and continue to eliminate the asset test 22 from eligibility requirements, consistent with federal food 23 assistance program requirements. The department shall include 24 as many food assistance households as is allowed by federal 25 law. The eligibility provisions shall conform to all federal 26 requirements including requirements addressing individuals who 27 are incarcerated or otherwise ineligible. 28 e. For the JOBS program: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,018,258 30 5. Of the child support collections assigned under FIP, 31 an amount equal to the federal share of support collections 32 shall be credited to the child support recovery appropriation 33 made in this division of this Act. Of the remainder of the 34 assigned child support collections received by the child 35 -23- H1322.2507 (4) 88 pf/rn 23/ 113
support recovery unit, a portion shall be credited to the FIP 1 account, a portion may be used to increase recoveries, and a 2 portion may be used to sustain cash flow in the child support 3 payments account. If as a consequence of the appropriations 4 and allocations made in this section the resulting amounts 5 are insufficient to sustain cash assistance payments and meet 6 federal maintenance of effort requirements, the department 7 shall seek supplemental funding. If child support collections 8 assigned under FIP are greater than estimated or are otherwise 9 determined not to be required for maintenance of effort, the 10 state share of either amount may be transferred to or retained 11 in the child support payments account. 12 6. The department may adopt emergency rules for the family 13 investment, JOBS, food assistance, and medical assistance 14 programs if necessary to comply with federal requirements. 15 Sec. 9. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 16 is appropriated from the general fund of the state to the 17 department of human services for the fiscal year beginning July 18 1, 2019, and ending June 30, 2020, the following amount, or 19 so much thereof as is necessary, to be used for the purpose 20 designated: 21 To be credited to the family investment program (FIP) 22 account and used for family investment program assistance under 23 chapter 239B : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,365,037 25 1. Of the funds appropriated in this section, $6,606,198 is 26 allocated for the JOBS program. 27 2. Of the funds appropriated in this section, $3,313,854 is 28 allocated for the family development and self-sufficiency grant 29 program. 30 3. a. Notwithstanding section 8.39 , for the fiscal 31 year beginning July 1, 2019, if necessary to meet federal 32 maintenance of effort requirements or to transfer federal 33 temporary assistance for needy families block grant funding 34 to be used for purposes of the federal social services block 35 -24- H1322.2507 (4) 88 pf/rn 24/ 113
grant or to meet cash flow needs resulting from delays in 1 receiving federal funding or to implement, in accordance with 2 this division of this Act, activities currently funded with 3 juvenile court services, county, or community moneys and state 4 moneys used in combination with such moneys; to comply with 5 federal requirements; or to maximize the use of federal funds; 6 the department of human services may transfer funds within or 7 between any of the appropriations made in this division of this 8 Act and appropriations in law for the federal social services 9 block grant to the department for the following purposes, 10 provided that the combined amount of state and federal 11 temporary assistance for needy families block grant funding 12 for each appropriation remains the same before and after the 13 transfer: 14 (1) For the family investment program. 15 (2) For state child care assistance. 16 (3) For child and family services. 17 (4) For field operations. 18 (5) For general administration. 19 b. This subsection shall not be construed to prohibit the 20 use of existing state transfer authority for other purposes. 21 The department shall report any transfers made pursuant to this 22 subsection to the legislative services agency. 23 4. Of the funds appropriated in this section, $195,000 shall 24 be used for continuation of a grant to an Iowa-based nonprofit 25 organization with a history of providing tax preparation 26 assistance to low-income Iowans in order to expand the usage 27 of the earned income tax credit. The purpose of the grant is 28 to supply this assistance to underserved areas of the state. 29 However, the department shall issue a request for proposals and 30 execute a contract with the contractor selected to administer 31 the program no later than January 1, 2020. The department 32 shall not retain any portion of the allocation under this 33 subsection for administrative costs. 34 5. Of the funds appropriated in this section, $70,000 shall 35 -25- H1322.2507 (4) 88 pf/rn 25/ 113
be used for the continuation of the parenting program, as 1 specified in 441 IAC ch. 100, relating to parental obligations, 2 in which the child support recovery unit participates, to 3 support the efforts of a nonprofit organization committed 4 to strengthening the community through youth development, 5 healthy living, and social responsibility headquartered in 6 a county with a population over 350,000 according to the 7 latest certified federal census. The funds allocated in this 8 subsection shall be used by the recipient organization to 9 develop a larger community effort, through public and private 10 partnerships, to support a broad-based multi-county parenthood 11 initiative that promotes payment of child support obligations, 12 improved family relationships, and full-time employment. 13 6. The department may transfer funds appropriated in this 14 section, excluding the allocation in subsection 2 for the 15 family development and self-sufficiency grant program, to the 16 appropriations made in this division of this Act for general 17 administration and field operations as necessary to administer 18 this section, section 7 for the temporary assistance for needy 19 families block grant, and section 8 for the family investment 20 program account. 21 Sec. 10. CHILD SUPPORT RECOVERY. There is appropriated 22 from the general fund of the state to the department of human 23 services for the fiscal year beginning July 1, 2019, and ending 24 June 30, 2020, the following amount, or so much thereof as is 25 necessary, to be used for the purposes designated: 26 For child support recovery, including salaries, support, 27 maintenance, and miscellaneous purposes, and for not more than 28 the following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,749,368 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 459.00 31 1. The department shall expend up to $24,000, including 32 federal financial participation, for the fiscal year beginning 33 July 1, 2019, for a child support public awareness campaign. 34 The department and the office of the attorney general shall 35 -26- H1322.2507 (4) 88 pf/rn 26/ 113
cooperate in continuation of the campaign. The public 1 awareness campaign shall emphasize, through a variety of 2 media activities, the importance of maximum involvement of 3 both parents in the lives of their children as well as the 4 importance of payment of child support obligations. 5 2. Federal access and visitation grant moneys shall be 6 issued directly to private not-for-profit agencies that provide 7 services designed to increase compliance with the child access 8 provisions of court orders, including but not limited to 9 neutral visitation sites and mediation services. 10 3. The appropriation made to the department for child 11 support recovery may be used throughout the fiscal year in the 12 manner necessary for purposes of cash flow management, and for 13 cash flow management purposes the department may temporarily 14 draw more than the amount appropriated, provided the amount 15 appropriated is not exceeded at the close of the fiscal year. 16 Sec. 11. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE —— 17 FY 2019-2020. Any funds remaining in the health care trust 18 fund created in section 453A.35A for the fiscal year beginning 19 July 1, 2019, and ending June 30, 2020, are appropriated to 20 the department of human services to supplement the medical 21 assistance program appropriations made in this division of this 22 Act, for medical assistance reimbursement and associated costs, 23 including program administration and costs associated with 24 program implementation. 25 Sec. 12. MEDICAID FRAUD FUND —— MEDICAL ASSISTANCE —— FY 26 2019-2020. Any funds remaining in the Medicaid fraud fund 27 created in section 249A.50 for the fiscal year beginning 28 July 1, 2019, and ending June 30, 2020, are appropriated to 29 the department of human services to supplement the medical 30 assistance appropriations made in this division of this Act, 31 for medical assistance reimbursement and associated costs, 32 including program administration and costs associated with 33 program implementation. 34 Sec. 13. MEDICAL ASSISTANCE. There is appropriated from the 35 -27- H1322.2507 (4) 88 pf/rn 27/ 113
general fund of the state to the department of human services 1 for the fiscal year beginning July 1, 2019, and ending June 30, 2 2020, the following amount, or so much thereof as is necessary, 3 to be used for the purpose designated: 4 For medical assistance program reimbursement and associated 5 costs as specifically provided in the reimbursement 6 methodologies in effect on June 30, 2019, except as otherwise 7 expressly authorized by law, consistent with options under 8 federal law and regulations, and contingent upon receipt of 9 approval from the office of the governor of reimbursement for 10 each abortion performed under the program: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,427,379,707 12 1. Iowans support reducing the number of abortions 13 performed in our state. Funds appropriated under this section 14 shall not be used for abortions, unless otherwise authorized 15 under this section. 16 2. The provisions of this section relating to abortions 17 shall also apply to the Iowa health and wellness plan created 18 pursuant to chapter 249N . 19 3. The department shall utilize not more than $60,000 of 20 the funds appropriated in this section to continue the AIDS/HIV 21 health insurance premium payment program as established in 1992 22 Iowa Acts, Second Extraordinary Session, chapter 1001, section 23 409, subsection 6 . Of the funds allocated in this subsection, 24 not more than $5,000 may be expended for administrative 25 purposes. 26 4. Of the funds appropriated in this Act to the department 27 of public health for addictive disorders, $950,000 for 28 the fiscal year beginning July 1, 2019, is transferred 29 to the department of human services for an integrated 30 substance-related disorder managed care system. The 31 departments of human services and public health shall 32 work together to maintain the level of mental health and 33 substance-related disorder treatment services provided by the 34 managed care contractors. Each department shall take the steps 35 -28- H1322.2507 (4) 88 pf/rn 28/ 113
necessary to continue the federal waivers as necessary to 1 maintain the level of services. 2 5. a. The department shall aggressively pursue options for 3 providing medical assistance or other assistance to individuals 4 with special needs who become ineligible to continue receiving 5 services under the early and periodic screening, diagnostic, 6 and treatment program under the medical assistance program 7 due to becoming 21 years of age who have been approved for 8 additional assistance through the department’s exception to 9 policy provisions, but who have health care needs in excess 10 of the funding available through the exception to policy 11 provisions. 12 b. Of the funds appropriated in this section, $100,000 13 shall be used for participation in one or more pilot projects 14 operated by a private provider to allow the individual or 15 individuals to receive service in the community in accordance 16 with principles established in Olmstead v. L.C., 527 U.S. 581 17 (1999), for the purpose of providing medical assistance or 18 other assistance to individuals with special needs who become 19 ineligible to continue receiving services under the early and 20 periodic screening, diagnostic, and treatment program under 21 the medical assistance program due to becoming 21 years of 22 age who have been approved for additional assistance through 23 the department’s exception to policy provisions, but who have 24 health care needs in excess of the funding available through 25 the exception to the policy provisions. 26 6. Of the funds appropriated in this section, up to 27 $3,050,082 may be transferred to the field operations or 28 general administration appropriations in this division of this 29 Act for operational costs associated with Part D of the federal 30 Medicare Prescription Drug Improvement and Modernization Act 31 of 2003, Pub. L. No. 108-173. 32 7. Of the funds appropriated in this section, up to $442,100 33 may be transferred to the appropriation in this division 34 of this Act for medical contracts to be used for clinical 35 -29- H1322.2507 (4) 88 pf/rn 29/ 113
assessment services and prior authorization of services. 1 8. A portion of the funds appropriated in this section 2 may be transferred to the appropriations in this division of 3 this Act for general administration, medical contracts, the 4 children’s health insurance program, or field operations to be 5 used for the state match cost to comply with the payment error 6 rate measurement (PERM) program for both the medical assistance 7 and children’s health insurance programs as developed by the 8 centers for Medicare and Medicaid services of the United States 9 department of health and human services to comply with the 10 federal Improper Payments Information Act of 2002, Pub. L. 11 No. 107-300, and to support other reviews and quality control 12 activities to improve the integrity of these programs. 13 9. The department shall continue to implement the 14 recommendations of the assuring better child health and 15 development initiative II (ABCDII) clinical panel to the 16 Iowa early and periodic screening, diagnostic, and treatment 17 services healthy mental development collaborative board 18 regarding changes to billing procedures, codes, and eligible 19 service providers. 20 10. Of the funds appropriated in this section, a sufficient 21 amount is allocated to supplement the incomes of residents of 22 nursing facilities, intermediate care facilities for persons 23 with mental illness, and intermediate care facilities for 24 persons with an intellectual disability, with incomes of less 25 than $50 in the amount necessary for the residents to receive a 26 personal needs allowance of $50 per month pursuant to section 27 249A.30A . 28 11. a. Hospitals that meet the conditions specified 29 in subparagraphs (1) and (2) shall either certify public 30 expenditures or transfer to the medical assistance program 31 an amount equal to provide the nonfederal share for a 32 disproportionate share hospital payment in an amount up to the 33 hospital-specific limit as approved in the Medicaid state plan. 34 The hospitals that meet the conditions specified shall receive 35 -30- H1322.2507 (4) 88 pf/rn 30/ 113
and retain 100 percent of the total disproportionate share 1 hospital payment in an amount up to the hospital-specific limit 2 as approved in the Medicaid state plan. 3 (1) The hospital qualifies for disproportionate share and 4 graduate medical education payments. 5 (2) The hospital is an Iowa state-owned hospital with more 6 than 500 beds and eight or more distinct residency specialty 7 or subspecialty programs recognized by the American college of 8 graduate medical education. 9 b. Distribution of the disproportionate share payments 10 shall be made on a monthly basis. The total amount of 11 disproportionate share payments including graduate medical 12 education, enhanced disproportionate share, and Iowa 13 state-owned teaching hospital payments shall not exceed the 14 amount of the state’s allotment under Pub. L. No. 102-234. 15 In addition, the total amount of all disproportionate 16 share payments shall not exceed the hospital-specific 17 disproportionate share limits under Pub. L. No. 103-66. 18 12. One hundred percent of the nonfederal share of payments 19 to area education agencies that are medical assistance 20 providers for medical assistance-covered services provided to 21 medical assistance-covered children, shall be made from the 22 appropriation made in this section. 23 13. A portion of the funds appropriated in this section 24 may be transferred to the appropriation in this division of 25 this Act for medical contracts to be used for administrative 26 activities associated with the money follows the person 27 demonstration project. 28 14. Of the funds appropriated in this section, $349,011 29 shall be used for the administration of the health insurance 30 premium payment program, including salaries, support, 31 maintenance, and miscellaneous purposes. 32 15. a. The department may increase the amounts allocated 33 for salaries, support, maintenance, and miscellaneous purposes 34 associated with the medical assistance program, as necessary, 35 -31- H1322.2507 (4) 88 pf/rn 31/ 113
to sustain cost management efforts. The department shall 1 report any such increase to the legislative services agency and 2 the department of management. 3 b. If the savings to the medical assistance program from 4 ongoing cost management efforts exceed the associated cost 5 for the fiscal year beginning July 1, 2019, the department 6 may transfer any savings generated for the fiscal year due 7 to medical assistance program cost management efforts to the 8 appropriation made in this division of this Act for medical 9 contracts or general administration to defray the costs 10 associated with implementing the efforts. 11 16. For the fiscal year beginning July 1, 2019, and ending 12 June 30, 2020, the replacement generation tax revenues required 13 to be deposited in the property tax relief fund pursuant to 14 section 437A.8, subsection 4 , paragraph “d”, and section 15 437A.15, subsection 3 , paragraph “f”, shall instead be credited 16 to and supplement the appropriation made in this section and 17 used for the allocations made in this section. 18 17. a. Of the funds appropriated in this section, up 19 to $50,000 may be transferred by the department to the 20 appropriation made in this division of this Act to the 21 department for the same fiscal year for general administration 22 to be used for associated administrative expenses and for not 23 more than one full-time equivalent position, in addition to 24 those authorized for the same fiscal year, to be assigned to 25 implementing the children’s mental health home project. 26 b. Of the funds appropriated in this section, up to $400,000 27 may be transferred by the department to the appropriation made 28 to the department in this division of this Act for the same 29 fiscal year for Medicaid program-related general administration 30 planning and implementation activities. The funds may be used 31 for contracts or for personnel in addition to the amounts 32 appropriated for and the positions authorized for general 33 administration for the fiscal year. 34 c. Of the funds appropriated in this section, up to 35 -32- H1322.2507 (4) 88 pf/rn 32/ 113
$3,000,000 may be transferred by the department to the 1 appropriations made in this division of this Act for the same 2 fiscal year for general administration or medical contracts 3 to be used to support the development and implementation of 4 standardized assessment tools for persons with mental illness, 5 an intellectual disability, a developmental disability, or a 6 brain injury. 7 18. Of the funds appropriated in this section, $150,000 8 shall be used for lodging expenses associated with care 9 provided at the university of Iowa hospitals and clinics for 10 patients with cancer whose travel distance is 30 miles or more 11 and whose income is at or below 200 percent of the federal 12 poverty level as defined by the most recently revised poverty 13 income guidelines published by the United States department of 14 health and human services. The department of human services 15 shall establish the maximum number of overnight stays and the 16 maximum rate reimbursed for overnight lodging, which may be 17 based on the state employee rate established by the department 18 of administrative services. The funds allocated in this 19 subsection shall not be used as nonfederal share matching 20 funds. 21 19. Of the funds appropriated in this section, up to 22 $3,383,880 shall be used for administration of the state family 23 planning services program pursuant to section 217.41B, and 24 of this amount, the department may use up to $200,000 for 25 administrative expenses. 26 20. Of the funds appropriated in this section, $1,545,530 27 shall be used and may be transferred to other appropriations 28 in this division of this Act as necessary to administer the 29 provisions in the division of this Act relating to Medicaid 30 program administration. 31 21. The department shall continue to implement and 32 administer the provisions of 2018 Iowa Acts, chapter 1056. 33 Of the funds appropriated in this section, up to $39,069 may 34 be transferred to the department of inspections and appeals 35 -33- H1322.2507 (4) 88 pf/rn 33/ 113
for inspection costs related to such implementation and 1 administration. 2 22. Of the funds appropriated in this section, up to 3 $1,200,000 shall be used to implement reductions in the waiting 4 list for the children’s mental health home and community-based 5 services waiver. 6 23. Of the funds appropriated in this section, $1,500,000 7 shall be used to provide reimbursement to critical access 8 hospitals for inpatient and outpatient services based on 9 a critical access hospital adjustment factor methodology 10 developed by the department as provided in this division of 11 this Act. 12 24. The department of human services shall utilize 13 $1,000,000 of the funds appropriated under this section to 14 increase the current supported community living provider 15 daily rates for all tiers under the tiered rate reimbursement 16 methodology effective with dates of service beginning July 17 1, 2019. The funding amount shall be divided equally among 18 all tiers and applied within each tier in accordance with the 19 recommendations of the actuary. However, no resulting rates 20 shall be lower than the rates in effect on June 30, 2019. 21 Sec. 14. MEDICAL CONTRACTS. There is appropriated from the 22 general fund of the state to the department of human services 23 for the fiscal year beginning July 1, 2019, and ending June 30, 24 2020, the following amount, or so much thereof as is necessary, 25 to be used for the purpose designated: 26 For medical contracts: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,992,530 28 1. The department of inspections and appeals shall 29 provide all state matching funds for survey and certification 30 activities performed by the department of inspections 31 and appeals. The department of human services is solely 32 responsible for distributing the federal matching funds for 33 such activities. 34 2. Of the funds appropriated in this section, $50,000 shall 35 -34- H1322.2507 (4) 88 pf/rn 34/ 113
be used for continuation of home and community-based services 1 waiver quality assurance programs, including the review and 2 streamlining of processes and policies related to oversight and 3 quality management to meet state and federal requirements. 4 3. Of the amount appropriated in this section, up to 5 $200,000 may be transferred to the appropriation for general 6 administration in this division of this Act to be used for 7 additional full-time equivalent positions in the development 8 of key health initiatives such as development and oversight 9 of managed care programs and development of health strategies 10 targeted toward improved quality and reduced costs in the 11 Medicaid program. 12 4. Of the funds appropriated in this section, $1,000,000 13 shall be used for planning and development, in cooperation with 14 the department of public health, of a phased-in program to 15 provide a dental home for children. 16 5. a. Of the funds appropriated in this section, $573,000 17 shall be credited to the autism support program fund created 18 in section 225D.2 to be used for the autism support program 19 created in chapter 225D , with the exception of the following 20 amount of this allocation which shall be used as follows: 21 b. Of the funds allocated in this subsection, $25,000 shall 22 be used for the public purpose of continuation of a grant to a 23 nonprofit provider of child welfare services that has been in 24 existence for more than 115 years, is located in a county with 25 a population between 200,000 and 220,000 according to the most 26 recent federal decennial census, is licensed as a psychiatric 27 medical institution for children, and provides school-based 28 programming, to be used for support services for children with 29 autism spectrum disorder and their families. 30 Sec. 15. STATE SUPPLEMENTARY ASSISTANCE. 31 1. There is appropriated from the general fund of the 32 state to the department of human services for the fiscal year 33 beginning July 1, 2019, and ending June 30, 2020, the following 34 amount, or so much thereof as is necessary, to be used for the 35 -35- H1322.2507 (4) 88 pf/rn 35/ 113
purpose designated: 1 For the state supplementary assistance program: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,812,909 3 2. The department shall increase the personal needs 4 allowance for residents of residential care facilities by the 5 same percentage and at the same time as federal supplemental 6 security income and federal social security benefits are 7 increased due to a recognized increase in the cost of living. 8 The department may adopt emergency rules to implement this 9 subsection. 10 3. If during the fiscal year beginning July 1, 2019, 11 the department projects that state supplementary assistance 12 expenditures for a calendar year will not meet the federal 13 pass-through requirement specified in Tit. XVI of the federal 14 Social Security Act, section 1618, as codified in 42 U.S.C. 15 §1382g, the department may take actions including but not 16 limited to increasing the personal needs allowance for 17 residential care facility residents and making programmatic 18 adjustments or upward adjustments of the residential care 19 facility or in-home health-related care reimbursement rates 20 prescribed in this division of this Act to ensure that federal 21 requirements are met. In addition, the department may make 22 other programmatic and rate adjustments necessary to remain 23 within the amount appropriated in this section while ensuring 24 compliance with federal requirements. The department may adopt 25 emergency rules to implement the provisions of this subsection. 26 4. Notwithstanding section 8.33 , moneys appropriated in 27 this section that remain unencumbered or unobligated at the 28 close of the fiscal year shall not revert but shall remain 29 available for expenditure for the purposes designated until the 30 close of the succeeding fiscal year. 31 Sec. 16. CHILDREN’S HEALTH INSURANCE PROGRAM. 32 1. There is appropriated from the general fund of the 33 state to the department of human services for the fiscal year 34 beginning July 1, 2019, and ending June 30, 2020, the following 35 -36- H1322.2507 (4) 88 pf/rn 36/ 113
amount, or so much thereof as is necessary, to be used for the 1 purpose designated: 2 For maintenance of the healthy and well kids in Iowa (hawk-i) 3 program pursuant to chapter 514I , including supplemental dental 4 services, for receipt of federal financial participation under 5 Tit. XXI of the federal Social Security Act, which creates the 6 children’s health insurance program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,361,112 8 2. Of the funds appropriated in this section, $79,486 is 9 allocated for continuation of the contract for outreach with 10 the department of public health. 11 3. A portion of the funds appropriated in this section may 12 be transferred to the appropriations made in this division of 13 this Act for field operations or medical contracts to be used 14 for the integration of hawk-i program eligibility, payment, and 15 administrative functions under the purview of the department 16 of human services, including for the Medicaid management 17 information system upgrade. 18 Sec. 17. CHILD CARE ASSISTANCE. There is appropriated 19 from the general fund of the state to the department of human 20 services for the fiscal year beginning July 1, 2019, and ending 21 June 30, 2020, the following amount, or so much thereof as is 22 necessary, to be used for the purpose designated: 23 For child care programs: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,816,931 25 1. Of the funds appropriated in this section, $34,966,931 26 shall be used for state child care assistance in accordance 27 with section 237A.13 . 28 2. Nothing in this section shall be construed or is 29 intended as or shall imply a grant of entitlement for services 30 to persons who are eligible for assistance due to an income 31 level consistent with the waiting list requirements of section 32 237A.13 . Any state obligation to provide services pursuant to 33 this section is limited to the extent of the funds appropriated 34 in this section. 35 -37- H1322.2507 (4) 88 pf/rn 37/ 113
3. A list of the registered and licensed child care 1 facilities operating in the area served by a child care 2 resource and referral service shall be made available to the 3 families receiving state child care assistance in that area. 4 4. Of the funds appropriated in this section, $5,850,000 5 shall be credited to the early childhood programs grants 6 account in the early childhood Iowa fund created in section 7 256I.11 . The moneys shall be distributed for funding of 8 community-based early childhood programs targeted to children 9 from birth through five years of age developed by early 10 childhood Iowa areas in accordance with approved community 11 plans as provided in section 256I.8 . 12 5. The department may use any of the funds appropriated 13 in this section as a match to obtain federal funds for use in 14 expanding child care assistance and related programs. For 15 the purpose of expenditures of state and federal child care 16 funding, funds shall be considered obligated at the time 17 expenditures are projected or are allocated to the department’s 18 service areas. Projections shall be based on current and 19 projected caseload growth, current and projected provider 20 rates, staffing requirements for eligibility determination 21 and management of program requirements including data systems 22 management, staffing requirements for administration of the 23 program, contractual and grant obligations and any transfers 24 to other state agencies, and obligations for decategorization 25 or innovation projects. 26 6. A portion of the state match for the federal child care 27 and development block grant shall be provided as necessary to 28 meet federal matching funds requirements through the state 29 general fund appropriation made for child development grants 30 and other programs for at-risk children in section 279.51 . 31 7. If a uniform reduction ordered by the governor under 32 section 8.31 or other operation of law, transfer, or federal 33 funding reduction reduces the appropriation made in this 34 section for the fiscal year, the percentage reduction in the 35 -38- H1322.2507 (4) 88 pf/rn 38/ 113
amount paid out to or on behalf of the families participating 1 in the state child care assistance program shall be equal to or 2 less than the percentage reduction made for any other purpose 3 payable from the appropriation made in this section and the 4 federal funding relating to it. The percentage reduction to 5 the other allocations made in this section shall be the same as 6 the uniform reduction ordered by the governor or the percentage 7 change of the federal funding reduction, as applicable. If 8 there is an unanticipated increase in federal funding provided 9 for state child care services, the entire amount of the 10 increase, except as necessary to meet federal requirements 11 including quality set asides, shall be used for state child 12 care assistance payments. If the appropriations made for 13 purposes of the state child care assistance program for the 14 fiscal year are determined to be insufficient, it is the intent 15 of the general assembly to appropriate sufficient funding for 16 the fiscal year in order to avoid establishment of waiting list 17 requirements. 18 8. Notwithstanding section 8.33 , moneys advanced for 19 purposes of the programs developed by early childhood Iowa 20 areas, advanced for purposes of wraparound child care, or 21 received from the federal appropriations made for the purposes 22 of this section that remain unencumbered or unobligated at the 23 close of the fiscal year shall not revert to any fund but shall 24 remain available for expenditure for the purposes designated 25 until the close of the succeeding fiscal year. 26 Sec. 18. JUVENILE INSTITUTION. There is appropriated 27 from the general fund of the state to the department of human 28 services for the fiscal year beginning July 1, 2019, and ending 29 June 30, 2020, the following amounts, or so much thereof as is 30 necessary, to be used for the purposes designated: 31 1. a. For operation of the state training school at Eldora 32 and for salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -39- H1322.2507 (4) 88 pf/rn 39/ 113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,920,757 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 207.00 2 b. Of the funds appropriated in this subsection, $91,000 3 shall be used for distribution to licensed classroom teachers 4 at this and other institutions under the control of the 5 department of human services based upon the average student 6 yearly enrollment at each institution as determined by the 7 department. 8 c. The additional full-time equivalent positions authorized 9 in paragraph “a” shall include 1.00 youth services technician, 10 1.00 clinical supervisor, and 1.00 registered nurse, or 11 comparable additional, full-time equivalent positions. 12 2. A portion of the moneys appropriated in this section 13 shall be used by the state training school at Eldora for 14 grants for adolescent pregnancy prevention activities at the 15 institution in the fiscal year beginning July 1, 2019. 16 3. Of the funds appropriated in this subsection, $212,000 17 shall be used by the state training school at Eldora for a 18 substance use disorder treatment program at the institution for 19 the fiscal year beginning July 1, 2019. 20 4. Notwithstanding section 8.33 , moneys appropriated in 21 this section that remain unencumbered or unobligated at the 22 close of the fiscal year shall not revert but shall remain 23 available for expenditure for the purposes designated until the 24 close of the succeeding fiscal year. 25 Sec. 19. CHILD AND FAMILY SERVICES. 26 1. There is appropriated from the general fund of the 27 state to the department of human services for the fiscal year 28 beginning July 1, 2019, and ending June 30, 2020, the following 29 amount, or so much thereof as is necessary, to be used for the 30 purpose designated: 31 For child and family services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 89,071,761 33 2. The department may transfer funds appropriated in this 34 section as necessary to pay the nonfederal costs of services 35 -40- H1322.2507 (4) 88 pf/rn 40/ 113
reimbursed under the medical assistance program, state child 1 care assistance program, or the family investment program which 2 are provided to children who would otherwise receive services 3 paid under the appropriation in this section. The department 4 may transfer funds appropriated in this section to the 5 appropriations made in this division of this Act for general 6 administration and for field operations for resources necessary 7 to implement and operate the services funded in this section. 8 3. a. Of the funds appropriated in this section, up to 9 $34,536,000 is allocated as the statewide expenditure target 10 under section 232.143 for group foster care maintenance and 11 services. If the department projects that such expenditures 12 for the fiscal year will be less than the target amount 13 allocated in this paragraph “a”, the department may reallocate 14 the excess to provide additional funding for family foster 15 care, independent living, family safety, risk and permanency 16 services, shelter care, or the child welfare emergency services 17 addressed with the allocation for shelter care. 18 b. If at any time after September 30, 2019, annualization 19 of a service area’s current expenditures indicates a service 20 area is at risk of exceeding its group foster care expenditure 21 target under section 232.143 by more than 5 percent, the 22 department and juvenile court services shall examine all 23 group foster care placements in that service area in order to 24 identify those which might be appropriate for termination. 25 In addition, any aftercare services believed to be needed 26 for the children whose placements may be terminated shall be 27 identified. The department and juvenile court services shall 28 initiate action to set dispositional review hearings for the 29 placements identified. In such a dispositional review hearing, 30 the juvenile court shall determine whether needed aftercare 31 services are available and whether termination of the placement 32 is in the best interest of the child and the community. 33 4. In accordance with the provisions of section 232.188 , 34 the department shall continue the child welfare and juvenile 35 -41- H1322.2507 (4) 88 pf/rn 41/ 113
justice funding initiative during fiscal year 2019-2020. Of 1 the funds appropriated in this section, $1,717,000 is allocated 2 specifically for expenditure for fiscal year 2019-2020 through 3 the decategorization services funding pools and governance 4 boards established pursuant to section 232.188 . 5 5. A portion of the funds appropriated in this section 6 may be used for emergency family assistance to provide other 7 resources required for a family participating in a family 8 preservation or reunification project or successor project to 9 stay together or to be reunified. 10 6. Of the funds appropriated in this section, a sufficient 11 amount is allocated for shelter care and the child welfare 12 emergency services contracting implemented to provide for or 13 prevent the need for shelter care. 14 7. Federal funds received by the state during the fiscal 15 year beginning July 1, 2019, as the result of the expenditure 16 of state funds appropriated during a previous state fiscal 17 year for a service or activity funded under this section are 18 appropriated to the department to be used as additional funding 19 for services and purposes provided for under this section. 20 Notwithstanding section 8.33 , moneys received in accordance 21 with this subsection that remain unencumbered or unobligated at 22 the close of the fiscal year shall not revert to any fund but 23 shall remain available for the purposes designated until the 24 close of the succeeding fiscal year. 25 8. a. Of the funds appropriated in this section, up to 26 $3,290,000 is allocated for the payment of the expenses of 27 court-ordered services provided to juveniles who are under the 28 supervision of juvenile court services, which expenses are a 29 charge upon the state pursuant to section 232.141, subsection 30 4 . Of the amount allocated in this paragraph “a”, up to 31 $1,556,000 shall be made available to provide school-based 32 supervision of children adjudicated under chapter 232 , of which 33 not more than $15,000 may be used for the purpose of training. 34 A portion of the cost of each school-based liaison officer 35 -42- H1322.2507 (4) 88 pf/rn 42/ 113
shall be paid by the school district or other funding source as 1 approved by the chief juvenile court officer. 2 b. Of the funds appropriated in this section, up to $748,000 3 is allocated for the payment of the expenses of court-ordered 4 services provided to children who are under the supervision 5 of the department, which expenses are a charge upon the state 6 pursuant to section 232.141, subsection 4 . 7 c. Notwithstanding section 232.141 or any other provision 8 of law to the contrary, the amounts allocated in this 9 subsection shall be distributed to the judicial districts 10 as determined by the state court administrator and to the 11 department’s service areas as determined by the administrator 12 of the department of human services’ division of child and 13 family services. The state court administrator and the 14 division administrator shall make the determination of the 15 distribution amounts on or before June 15, 2019. 16 d. Notwithstanding chapter 232 or any other provision of 17 law to the contrary, a district or juvenile court shall not 18 order any service which is a charge upon the state pursuant 19 to section 232.141 if there are insufficient court-ordered 20 services funds available in the district court or departmental 21 service area distribution amounts to pay for the service. The 22 chief juvenile court officer and the departmental service area 23 manager shall encourage use of the funds allocated in this 24 subsection such that there are sufficient funds to pay for 25 all court-related services during the entire year. The chief 26 juvenile court officers and departmental service area managers 27 shall attempt to anticipate potential surpluses and shortfalls 28 in the distribution amounts and shall cooperatively request the 29 state court administrator or division administrator to transfer 30 funds between the judicial districts’ or departmental service 31 areas’ distribution amounts as prudent. 32 e. Notwithstanding any provision of law to the contrary, 33 a district or juvenile court shall not order a county to pay 34 for any service provided to a juvenile pursuant to an order 35 -43- H1322.2507 (4) 88 pf/rn 43/ 113
entered under chapter 232 which is a charge upon the state 1 under section 232.141, subsection 4 . 2 f. Of the funds allocated in this subsection, not more than 3 $83,000 may be used by the judicial branch for administration 4 of the requirements under this subsection. 5 g. Of the funds allocated in this subsection, $17,000 6 shall be used by the department of human services to support 7 the interstate commission for juveniles in accordance with 8 the interstate compact for juveniles as provided in section 9 232.173 . 10 9. Of the funds appropriated in this section, $12,253,000 is 11 allocated for juvenile delinquent graduated sanctions services. 12 Any state funds saved as a result of efforts by juvenile court 13 services to earn a federal Tit. IV-E match for juvenile court 14 services administration may be used for the juvenile delinquent 15 graduated sanctions services. 16 10. Of the funds appropriated in this section, $1,658,000 is 17 transferred to the department of public health to be used for 18 the child protection center grant program for child protection 19 centers located in Iowa in accordance with section 135.118 . 20 The grant amounts under the program shall be equalized so that 21 each center receives a uniform base amount of $245,000, and so 22 that the remaining funds are awarded through a funding formula 23 based upon the volume of children served. To increase access 24 to child protection center services for children in rural 25 areas, the funding formula for the awarding of the remaining 26 funds shall provide for the awarding of an enhanced amount to 27 eligible grantees to develop and maintain satellite centers in 28 underserved regions of the state. 29 11. Of the funds appropriated in this section, $4,025,000 is 30 allocated for the preparation for adult living program pursuant 31 to section 234.46 . 32 12. Of the funds appropriated in this section, $227,000 33 shall be used for the public purpose of continuing a grant to a 34 nonprofit human services organization, providing services to 35 -44- H1322.2507 (4) 88 pf/rn 44/ 113
individuals and families in multiple locations in southwest 1 Iowa and Nebraska for support of a project providing immediate, 2 sensitive support and forensic interviews, medical exams, needs 3 assessments, and referrals for victims of child abuse and their 4 nonoffending family members. 5 13. Of the funds appropriated in this section, $300,000 6 is allocated for the foster care youth council approach of 7 providing a support network to children placed in foster care. 8 14. Of the funds appropriated in this section, $202,000 is 9 allocated for use pursuant to section 235A.1 for continuation 10 of the initiative to address child sexual abuse implemented 11 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 12 21 . 13 15. Of the funds appropriated in this section, $630,000 is 14 allocated for the community partnership for child protection 15 sites. 16 16. Of the funds appropriated in this section, $371,000 17 is allocated for the department’s minority youth and family 18 projects under the redesign of the child welfare system. 19 17. Of the funds appropriated in this section, $851,000 20 is allocated for funding of the community circle of care 21 collaboration for children and youth in northeast Iowa. 22 18. Of the funds appropriated in this section, at least 23 $147,000 shall be used for the continuation of the child 24 welfare provider training academy, a collaboration between the 25 coalition for family and children’s services in Iowa and the 26 department. 27 19. Of the funds appropriated in this section, $211,000 28 shall be used for continuation of the central Iowa system of 29 care program grant through June 30, 2020. 30 20. Of the funds appropriated in this section, $235,000 31 shall be used for the public purpose of the continuation 32 and expansion of a system of care program grant implemented 33 in Cerro Gordo and Linn counties to utilize a comprehensive 34 and long-term approach for helping children and families by 35 -45- H1322.2507 (4) 88 pf/rn 45/ 113
addressing the key areas in a child’s life of childhood basic 1 needs, education and work, family, and community. 2 21. Of the funds appropriated in this section, at least 3 $25,000 shall be used to continue and to expand the foster 4 care respite pilot program in which postsecondary students in 5 social work and other human services-related programs receive 6 experience by assisting family foster care providers with 7 respite and other support. 8 22. Of the funds appropriated in this section, $110,000 9 shall be used for the public purpose of funding community-based 10 services and other supports with a system of care approach 11 for children with a serious emotional disturbance and their 12 families through a nonprofit provider of child welfare services 13 that has been in existence for more than 115 years, is located 14 in a county with a population of more than 200,000 but less 15 than 220,000 according to the latest certified federal census, 16 is licensed as a psychiatric medical institution for children, 17 and was a system of care grantee prior to July 1, 2019. 18 23. If a separate funding source is identified that reduces 19 the need for state funds within an allocation under this 20 section, the allocated state funds may be redistributed to 21 other allocations under this section for the same fiscal year. 22 Sec. 20. ADOPTION SUBSIDY. 23 1. There is appropriated from the general fund of the 24 state to the department of human services for the fiscal year 25 beginning July 1, 2019, and ending June 30, 2020, the following 26 amount, or so much thereof as is necessary, to be used for the 27 purpose designated: 28 a. For adoption subsidy payments and services: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,596,007 30 b. (1) The funds appropriated in this section shall be used 31 as authorized or allowed by federal law or regulation for any 32 of the following purposes: 33 (a) For adoption subsidy payments and related costs. 34 (b) For post-adoption services and for other purposes under 35 -46- H1322.2507 (4) 88 pf/rn 46/ 113
Tit. IV-B or Tit. IV-E of the federal Social Security Act. 1 (2) The department of human services may transfer funds 2 appropriated in this subsection to the appropriation for 3 child and family services in this Act for the purposes of 4 post-adoption services as specified in this paragraph “b”. 5 c. Notwithstanding section 8.33 , moneys corresponding to 6 the state savings resulting from implementation of the federal 7 Fostering Connections to Success and Increasing Adoptions Act 8 of 2008, Pub. L. No. 110-351, and successor legislation, as 9 determined in accordance with 42 U.S.C. §673(a)(8), that remain 10 unencumbered or unobligated at the close of the fiscal year, 11 shall not revert to any fund but shall remain available for the 12 purposes designated in this subsection until expended. The 13 amount of such savings and any corresponding funds remaining 14 at the close of the fiscal year shall be determined separately 15 and any changes in either amount between fiscal years shall not 16 result in an unfunded need. 17 2. The department may transfer funds appropriated in 18 this section to the appropriation made in this division of 19 this Act for general administration for costs paid from the 20 appropriation relating to adoption subsidy. 21 3. Federal funds received by the state during the 22 fiscal year beginning July 1, 2019, as the result of the 23 expenditure of state funds during a previous state fiscal 24 year for a service or activity funded under this section are 25 appropriated to the department to be used as additional funding 26 for the services and activities funded under this section. 27 Notwithstanding section 8.33 , moneys received in accordance 28 with this subsection that remain unencumbered or unobligated 29 at the close of the fiscal year shall not revert to any fund 30 but shall remain available for expenditure for the purposes 31 designated until the close of the succeeding fiscal year. 32 Sec. 21. JUVENILE DETENTION HOME FUND. Moneys deposited 33 in the juvenile detention home fund created in section 232.142 34 during the fiscal year beginning July 1, 2019, and ending June 35 -47- H1322.2507 (4) 88 pf/rn 47/ 113
30, 2020, are appropriated to the department of human services 1 for the fiscal year beginning July 1, 2019, and ending June 30, 2 2020, for distribution of an amount equal to a percentage of 3 the costs of the establishment, improvement, operation, and 4 maintenance of county or multicounty juvenile detention homes 5 in the fiscal year beginning July 1, 2018. Moneys appropriated 6 for distribution in accordance with this section shall be 7 allocated among eligible detention homes, prorated on the basis 8 of an eligible detention home’s proportion of the costs of all 9 eligible detention homes in the fiscal year beginning July 10 1, 2018. The percentage figure shall be determined by the 11 department based on the amount available for distribution for 12 the fund. Notwithstanding section 232.142, subsection 3 , the 13 financial aid payable by the state under that provision for the 14 fiscal year beginning July 1, 2019, shall be limited to the 15 amount appropriated for the purposes of this section. 16 Sec. 22. FAMILY SUPPORT SUBSIDY PROGRAM. 17 1. There is appropriated from the general fund of the 18 state to the department of human services for the fiscal year 19 beginning July 1, 2019, and ending June 30, 2020, the following 20 amount, or so much thereof as is necessary, to be used for the 21 purpose designated: 22 For the family support subsidy program subject to the 23 enrollment restrictions in section 225C.37, subsection 3 : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 949,282 25 2. At least $819,275 of the moneys appropriated in this 26 section is transferred to the department of public health for 27 the family support center component of the comprehensive family 28 support program under chapter 225C , subchapter V. 29 3. If at any time during the fiscal year, the amount of 30 funding available for the family support subsidy program 31 is reduced from the amount initially used to establish the 32 figure for the number of family members for whom a subsidy 33 is to be provided at any one time during the fiscal year, 34 notwithstanding section 225C.38, subsection 2 , the department 35 -48- H1322.2507 (4) 88 pf/rn 48/ 113
shall revise the figure as necessary to conform to the amount 1 of funding available. 2 Sec. 23. CONNER DECREE. There is appropriated from the 3 general fund of the state to the department of human services 4 for the fiscal year beginning July 1, 2019, and ending June 30, 5 2020, the following amount, or so much thereof as is necessary, 6 to be used for the purpose designated: 7 For building community capacity through the coordination 8 and provision of training opportunities in accordance with the 9 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 10 Iowa, July 14, 1994): 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,632 12 Sec. 24. MENTAL HEALTH INSTITUTES. 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 amounts, or so much thereof as is necessary, to be used for the 17 purposes designated: 18 a. (1) For operation of the state mental health institute 19 at Cherokee as required by chapters 218 and 226 for salaries, 20 support, maintenance, and miscellaneous purposes, and for not 21 more than the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,216,149 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.00 24 (2) The additional full-time equivalent positions 25 authorized in this paragraph “a” shall include 3.50 security 26 staff and 3.00 support staff, or comparable additional, 27 full-time equivalent positions. 28 b. (1) For operation of the state mental health institute 29 at Independence as required by chapters 218 and 226 for 30 salaries, support, maintenance, and miscellaneous purposes, and 31 for not more than the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,165,110 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 208.00 34 (2) The additional full-time equivalent positions 35 -49- H1322.2507 (4) 88 pf/rn 49/ 113
authorized in this paragraph “b” shall include 3.50 security 1 staff, or comparable additional, full-time equivalent 2 positions. 3 2. Notwithstanding sections 218.78 and 249A.11 , any revenue 4 received from the state mental health institute at Cherokee or 5 the state mental health institute at Independence pursuant to 6 42 C.F.R §438.6(e) may be retained and expended by the mental 7 health institute. 8 3. Notwithstanding any provision of law to the contrary, 9 a Medicaid member residing at the state mental health 10 institute at Cherokee or the state mental health institute 11 at Independence shall retain Medicaid eligibility during 12 the period of the Medicaid member’s stay for which federal 13 financial participation is available. 14 4. Notwithstanding section 8.33 , moneys appropriated in 15 this section that remain unencumbered or unobligated at the 16 close of the fiscal year shall not revert but shall remain 17 available for expenditure for the purposes designated until the 18 close of the succeeding fiscal year. 19 Sec. 25. STATE RESOURCE CENTERS. 20 1. There is appropriated from the general fund of the 21 state to the department of human services for the fiscal year 22 beginning July 1, 2019, and ending June 30, 2020, the following 23 amounts, or so much thereof as is necessary, to be used for the 24 purposes designated: 25 a. For the state resource center at Glenwood for salaries, 26 support, maintenance, and miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,048,348 28 b. For the state resource center at Woodward for salaries, 29 support, maintenance, and miscellaneous purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,872,356 31 2. The department may continue to bill for state resource 32 center services utilizing a scope of services approach used for 33 private providers of intermediate care facilities for persons 34 with an intellectual disability services, in a manner which 35 -50- H1322.2507 (4) 88 pf/rn 50/ 113
does not shift costs between the medical assistance program, 1 counties, or other sources of funding for the state resource 2 centers. 3 3. The state resource centers may expand the time-limited 4 assessment and respite services during the fiscal year. 5 4. If the department’s administration and the department 6 of management concur with a finding by a state resource 7 center’s superintendent that projected revenues can reasonably 8 be expected to pay the salary and support costs for a new 9 employee position, or that such costs for adding a particular 10 number of new positions for the fiscal year would be less 11 than the overtime costs if new positions would not be added, 12 the superintendent may add the new position or positions. If 13 the vacant positions available to a resource center do not 14 include the position classification desired to be filled, the 15 state resource center’s superintendent may reclassify any 16 vacant position as necessary to fill the desired position. The 17 superintendents of the state resource centers may, by mutual 18 agreement, pool vacant positions and position classifications 19 during the course of the fiscal year in order to assist one 20 another in filling necessary positions. 21 5. If existing capacity limitations are reached in 22 operating units, a waiting list is in effect for a service or 23 a special need for which a payment source or other funding 24 is available for the service or to address the special need, 25 and facilities for the service or to address the special need 26 can be provided within the available payment source or other 27 funding, the superintendent of a state resource center may 28 authorize opening not more than two units or other facilities 29 and begin implementing the service or addressing the special 30 need during fiscal year 2019-2020. 31 6. Notwithstanding section 8.33 , and notwithstanding 32 the amount limitation specified in section 222.92 , moneys 33 appropriated in this section that remain unencumbered or 34 unobligated at the close of the fiscal year shall not revert 35 -51- H1322.2507 (4) 88 pf/rn 51/ 113
but shall remain available for expenditure for the purposes 1 designated until the close of the succeeding fiscal year. 2 Sec. 26. SEXUALLY VIOLENT PREDATORS. 3 1. a. There is appropriated from the general fund of the 4 state to the department of human services for the fiscal year 5 beginning July 1, 2019, and ending June 30, 2020, the following 6 amount, or so much thereof as is necessary, to be used for the 7 purpose designated: 8 For costs associated with the commitment and treatment of 9 sexually violent predators in the unit located at the state 10 mental health institute at Cherokee, including costs of legal 11 services and other associated costs, including salaries, 12 support, maintenance, and miscellaneous purposes, and for not 13 more than the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,053,093 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 139.00 16 b. The additional full-time equivalent positions authorized 17 in paragraph “a” shall include 7.00 clinical and support staff, 18 or comparable additional, full-time equivalent positions. 19 2. Unless specifically prohibited by law, if the amount 20 charged provides for recoupment of at least the entire amount 21 of direct and indirect costs, the department of human services 22 may contract with other states to provide care and treatment 23 of persons placed by the other states at the unit for sexually 24 violent predators at Cherokee. The moneys received under 25 such a contract shall be considered to be repayment receipts 26 and used for the purposes of the appropriation made in this 27 section. 28 3. Notwithstanding section 8.33 , moneys appropriated in 29 this section that remain unencumbered or unobligated at the 30 close of the fiscal year shall not revert but shall remain 31 available for expenditure for the purposes designated until the 32 close of the succeeding fiscal year. 33 Sec. 27. FIELD OPERATIONS. 34 1. There is appropriated from the general fund of the 35 -52- H1322.2507 (4) 88 pf/rn 52/ 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 purposes designated: 4 For field operations, including salaries, support, 5 maintenance, and miscellaneous purposes, and for not more than 6 the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,396,906 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,539.00 9 2. The additional full-time equivalent positions authorized 10 in subsection 1 shall include 29.00 full-time equivalent staff 11 positions to relieve caseloads and 6.00 full-time equivalent 12 positions related to the eligibility integrated application 13 solution (ELIAS) system. 14 3. Priority in filling full-time equivalent positions 15 shall be given to those positions related to child protection 16 services and eligibility determination for low-income families. 17 Sec. 28. GENERAL ADMINISTRATION. 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 purpose designated: 22 For general administration, including salaries, support, 23 maintenance, and miscellaneous purposes, and for not more than 24 the following full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,833,040 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 294.00 27 1. The department shall report at least monthly to the 28 legislative services agency concerning the department’s 29 operational and program expenditures. 30 2. Of the funds appropriated in this section, $150,000 shall 31 be used to continue the contract for the provision of a program 32 to provide technical assistance, support, and consultation to 33 providers of habilitation services and home and community-based 34 services waiver services for adults with disabilities under the 35 -53- H1322.2507 (4) 88 pf/rn 53/ 113
medical assistance program. 1 3. Of the funds appropriated in this section, $50,000 2 is transferred to the Iowa finance authority to be used 3 for administrative support of the council on homelessness 4 established in section 16.2D and for the council to fulfill its 5 duties in addressing and reducing homelessness in the state. 6 4. Of the funds appropriated in this section, $200,000 shall 7 be transferred to and deposited in the administrative fund of 8 the Iowa ABLE savings plan trust created in section 12I.4 , to 9 be used for implementation and administration activities of the 10 Iowa ABLE savings plan trust. 11 5. Of the funds appropriated in this section, $200,000 is 12 transferred to the economic development authority for the Iowa 13 commission on volunteer services to continue to be used for 14 RefugeeRISE AmeriCorps program established under section 15H.8 15 for member recruitment and training to improve the economic 16 well-being and health of economically disadvantaged refugees in 17 local communities across Iowa. Funds transferred may be used 18 to supplement federal funds under federal regulations. 19 6. Of the funds appropriated in this section, up to $300,000 20 shall be used as follows: 21 a. To fund not more than one full-time equivalent position 22 to address the department’s responsibility to support the work 23 of the children’s system state board and implementation of the 24 services required pursuant to 2018 Iowa Acts, chapter 1056, 25 section 13. 26 b. To support the cost of establishing and implementing new 27 or additional services required pursuant to 2018 Iowa Acts, 28 chapter 1056, and any legislation enacted by the 2019 general 29 assembly establishing a children’s behavioral health system. 30 c. Of the amount allocated, $32,000 shall be transferred 31 to the department of public health to support the costs of 32 establishing and implementing new or additional services 33 required pursuant to 2018 Iowa Acts, chapter 1056, and any 34 legislation enacted by the 2019 general assembly establishing a 35 -54- H1322.2507 (4) 88 pf/rn 54/ 113
children’s behavioral health system. 1 Sec. 29. DEPARTMENT-WIDE DUTIES. There is appropriated 2 from the general fund of the state to the department of human 3 services for the fiscal year beginning July 1, 2019, and ending 4 June 30, 2020, the following amount, or so much thereof as is 5 necessary, to be used for the purposes designated: 6 For salaries, support, maintenance, and miscellaneous 7 purposes at facilities under the purview of the department of 8 human services: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,879,274 10 Sec. 30. VOLUNTEERS. There is appropriated from the general 11 fund of the state to the department of human services for the 12 fiscal year beginning July 1, 2019, and ending June 30, 2020, 13 the following amount, or so much thereof as is necessary, to be 14 used for the purpose designated: 15 For development and coordination of volunteer services: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,686 17 Sec. 31. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 18 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 19 DEPARTMENT OF HUMAN SERVICES. 20 1. a. (1) (a) For the fiscal year beginning July 1, 21 2019, the department shall rebase case-mix nursing facility 22 rates effective July 1, 2019, to the extent possible within the 23 state funding, including the $23,401,942, appropriated for this 24 purpose. 25 (b) For the fiscal year beginning July 1, 2019, non-case-mix 26 and special population nursing facilities shall be reimbursed 27 in accordance with the methodology in effect on June 30 of the 28 prior fiscal year. 29 (c) For managed care claims, the department of human 30 services shall adjust the payment rate floor for nursing 31 facilities, annually, to maintain a rate floor that is no 32 lower than the Medicaid fee-for-service case-mix adjusted 33 rate calculated in accordance with subparagraph division 34 (a) and 441 IAC 81.6 . The department shall then calculate 35 -55- H1322.2507 (4) 88 pf/rn 55/ 113
adjusted reimbursement rates, including but not limited to 1 add-on-payments, annually, and shall notify Medicaid managed 2 care organizations of the adjusted reimbursement rates within 3 30 days of determining the adjusted reimbursement rates. Any 4 adjustment of reimbursement rates under this subparagraph 5 division shall be budget neutral to the state budget. 6 (d) For the fiscal year beginning July 1, 2019, Medicaid 7 managed care long-term services and supports capitation 8 rates shall be adjusted to reflect the rebasing pursuant to 9 subparagraph division (a) for the patient populations residing 10 in Medicaid-certified nursing facilities. 11 (2) Medicaid managed care organizations shall adjust 12 facility-specific rates based upon payment rate listings issued 13 by the department. The rate adjustments shall be applied 14 prospectively from the effective date of the rate letter issued 15 by the department. 16 b. (1) For the fiscal year beginning July 1, 2019, 17 the department shall establish the pharmacy dispensing fee 18 reimbursement at $10.07 per prescription, until a cost of 19 dispensing survey is completed. The actual dispensing fee 20 shall be determined by a cost of dispensing survey performed 21 by the department and required to be completed by all medical 22 assistance program participating pharmacies every two years, 23 adjusted as necessary to maintain expenditures within the 24 amount appropriated to the department for this purpose for the 25 fiscal year. 26 (2) The department shall utilize an average acquisition 27 cost reimbursement methodology for all drugs covered under the 28 medical assistance program in accordance with 2012 Iowa Acts, 29 chapter 1133, section 33 . 30 c. (1) For the fiscal year beginning July 1, 2019, 31 reimbursement rates for outpatient hospital services shall 32 remain at the rates in effect on June 30, 2019, subject to 33 Medicaid program upper payment limit rules, and adjusted 34 as necessary to maintain expenditures within the amount 35 -56- H1322.2507 (4) 88 pf/rn 56/ 113
appropriated to the department for this purpose for the fiscal 1 year. 2 (2) For the fiscal year beginning July 1, 2019, 3 reimbursement rates for inpatient hospital services shall 4 remain at the rates in effect on June 30, 2019, subject to 5 Medicaid program upper payment limit rules, and adjusted 6 as necessary to maintain expenditures within the amount 7 appropriated to the department for this purpose for the fiscal 8 year. 9 (3) For the fiscal year beginning July 1, 2019, under 10 both fee-for-service and managed care administration of the 11 Medicaid program, critical access hospitals shall be reimbursed 12 for inpatient and outpatient services based on a critical 13 access hospital adjustment factor methodology developed by 14 the department. The adjustment factor methodology shall 15 be hospital-specific, shall be based on the most recent 16 and complete cost reporting period, and shall be applied 17 prospectively within the funds appropriated for such purpose 18 for the fiscal year. Implementation of the critical access 19 hospital adjustment factor methodology shall be contingent 20 on the department’s receipt of approval from the centers for 21 Medicare and Medicaid services of the United States department 22 of health and human services. 23 (4) For the fiscal year beginning July 1, 2019, the graduate 24 medical education and disproportionate share hospital fund 25 shall remain at the amount in effect on June 30, 2019, except 26 that the portion of the fund attributable to graduate medical 27 education shall be reduced in an amount that reflects the 28 elimination of graduate medical education payments made to 29 out-of-state hospitals. 30 (5) In order to ensure the efficient use of limited state 31 funds in procuring health care services for low-income Iowans, 32 funds appropriated in this Act for hospital services shall 33 not be used for activities which would be excluded from a 34 determination of reasonable costs under the federal Medicare 35 -57- H1322.2507 (4) 88 pf/rn 57/ 113
program pursuant to 42 U.S.C. §1395x(v)(1)(N). 1 d. For the fiscal year beginning July 1, 2019, reimbursement 2 rates for hospices and acute psychiatric hospitals shall be 3 increased in accordance with increases under the federal 4 Medicare program or as supported by their Medicare audited 5 costs. 6 e. For the fiscal year beginning July 1, 2019, independent 7 laboratories and rehabilitation agencies shall be reimbursed 8 using the same methodology in effect on June 30, 2019. 9 f. (1) For the fiscal year beginning July 1, 2019, 10 reimbursement rates for home health agencies shall continue to 11 be based on the Medicare low utilization payment adjustment 12 (LUPA) methodology with state geographic wage adjustments. 13 The department shall continue to update the rates every two 14 years to reflect the most recent Medicare LUPA rates to the 15 extent possible within the state funding appropriated for this 16 purpose. 17 (2) For the fiscal year beginning July 1, 2019, rates for 18 private duty nursing and personal care services under the early 19 and periodic screening, diagnostic, and treatment program 20 benefit shall be calculated based on the methodology in effect 21 on June 30, 2019. 22 g. For the fiscal year beginning July 1, 2019, federally 23 qualified health centers and rural health clinics shall receive 24 cost-based reimbursement for 100 percent of the reasonable 25 costs for the provision of services to recipients of medical 26 assistance. 27 h. For the fiscal year beginning July 1, 2019, the 28 reimbursement rates for dental services shall remain at the 29 rates in effect on June 30, 2019. 30 i. (1) For the fiscal year beginning July 1, 2019, 31 reimbursement rates for non-state-owned psychiatric medical 32 institutions for children shall be based on the reimbursement 33 methodology in effect on June 30, 2019. 34 (2) As a condition of participation in the medical 35 -58- H1322.2507 (4) 88 pf/rn 58/ 113
assistance program, enrolled providers shall accept the medical 1 assistance reimbursement rate for any covered goods or services 2 provided to recipients of medical assistance who are children 3 under the custody of a psychiatric medical institution for 4 children. 5 j. For the fiscal year beginning July 1, 2019, unless 6 otherwise specified in this Act, all noninstitutional medical 7 assistance provider reimbursement rates shall remain at the 8 rates in effect on June 30, 2019, except for area education 9 agencies, local education agencies, infant and toddler 10 services providers, home and community-based services providers 11 including consumer-directed attendant care providers under a 12 section 1915(c) or 1915(i) waiver, targeted case management 13 providers, and those providers whose rates are required to be 14 determined pursuant to section 249A.20 , or to meet federal 15 mental health parity requirements. 16 k. Notwithstanding any provision to the contrary, for the 17 fiscal year beginning July 1, 2019, the reimbursement rate for 18 anesthesiologists shall remain at the rates in effect on June 19 30, 2019, and updated on January 1, 2020, to align with the 20 most current Iowa Medicare anesthesia rate. 21 l. Notwithstanding section 249A.20 , for the fiscal year 22 beginning July 1, 2019, the average reimbursement rate for 23 health care providers eligible for use of the federal Medicare 24 resource-based relative value scale reimbursement methodology 25 under section 249A.20 shall remain at the rate in effect on 26 June 30, 2019; however, this rate shall not exceed the maximum 27 level authorized by the federal government. 28 m. For the fiscal year beginning July 1, 2019, the 29 reimbursement rate for residential care facilities 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. The flat reimbursement rate for 33 facilities electing not to file annual cost reports shall not 34 be less than the minimum payment level as established by the 35 -59- H1322.2507 (4) 88 pf/rn 59/ 113
federal government to meet the federally mandated maintenance 1 of effort requirement. 2 n. For the fiscal year beginning July 1, 2019, the 3 reimbursement rates for inpatient mental health services 4 provided at hospitals shall remain at the rates in effect on 5 June 30, 2019, subject to Medicaid program upper payment limit 6 rules; and psychiatrists shall be reimbursed at the medical 7 assistance program fee-for-service rate in effect on June 30, 8 2019. 9 o. For the fiscal year beginning July 1, 2019, community 10 mental health centers may choose to be reimbursed for the 11 services provided to recipients of medical assistance through 12 either of the following options: 13 (1) For 100 percent of the reasonable costs of the services. 14 (2) In accordance with the alternative reimbursement rate 15 methodology approved by the department of human services in 16 effect on June 30, 2019. 17 p. For the fiscal year beginning July 1, 2019, the 18 reimbursement rate for providers of family planning services 19 that are eligible to receive a 90 percent federal match shall 20 remain at the rates in effect on June 30, 2019. 21 q. Unless otherwise subject to a tiered rate methodology, 22 for the fiscal year beginning July 1, 2019, the upper 23 limits and reimbursement rates for providers of home and 24 community-based services waiver services shall be reimbursed 25 using the reimbursement methodology in effect on June 30, 2019. 26 r. For the fiscal year beginning July 1, 2019, the 27 reimbursement rates for emergency medical service providers 28 shall remain at the rates in effect on June 30, 2019, or as 29 approved by the centers for Medicare and Medicaid services of 30 the United States department of health and human services. 31 s. For the fiscal year beginning July 1, 2019, reimbursement 32 rates for substance-related disorder treatment programs 33 licensed under section 125.13 shall remain at the rates in 34 effect on June 30, 2019. 35 -60- H1322.2507 (4) 88 pf/rn 60/ 113
t. For the fiscal year beginning July 1, 2019, assertive 1 community treatment per diem rates shall be adjusted to reflect 2 an actual average per diem cost within the additional $211,332 3 appropriated for this purpose. 4 2. For the fiscal year beginning July 1, 2019, the 5 reimbursement rate for providers reimbursed under the 6 in-home-related care program shall not be less than the minimum 7 payment level as established by the federal government to meet 8 the federally mandated maintenance of effort requirement. 9 3. Unless otherwise directed in this section, when the 10 department’s reimbursement methodology for any provider 11 reimbursed in accordance with this section includes an 12 inflation factor, this factor shall not exceed the amount 13 by which the consumer price index for all urban consumers 14 increased during the calendar year ending December 31, 2002. 15 4. Notwithstanding section 234.38 , for the fiscal 16 year beginning July 1, 2019, the foster family basic daily 17 maintenance rate and the maximum adoption subsidy rate for 18 children ages 0 through 5 years shall be $16.78, the rate for 19 children ages 6 through 11 years shall be $17.45, the rate for 20 children ages 12 through 15 years shall be $19.10, and the 21 rate for children and young adults ages 16 and older shall 22 be $19.35. For youth ages 18 to 21 who have exited foster 23 care, the preparation for adult living program maintenance rate 24 shall be $602.70 per month. The maximum payment for adoption 25 subsidy nonrecurring expenses shall be limited to $500 and the 26 disallowance of additional amounts for court costs and other 27 related legal expenses implemented pursuant to 2010 Iowa Acts, 28 chapter 1031, section 408 , shall be continued. 29 5. For the fiscal year beginning July 1, 2019, the maximum 30 reimbursement rates for social services providers under 31 contract shall remain at the rates in effect on June 30, 2019, 32 or the provider’s actual and allowable cost plus inflation for 33 each service, whichever is less. However, if a new service 34 or service provider is added after June 30, 2019, the initial 35 -61- H1322.2507 (4) 88 pf/rn 61/ 113
reimbursement rate for the service or provider shall be based 1 upon a weighted average of provider rates for similar services. 2 6. a. For the fiscal year beginning July 1, 2019, the 3 reimbursement rates for resource family recruitment and 4 retention contractors shall be established by contract. 5 b. For the fiscal year beginning July 1, 2019, the 6 reimbursement rates for supervised apartment living foster care 7 providers shall be established by contract. 8 7. For the fiscal year beginning July 1, 2019, the 9 reimbursement rate for group foster care providers shall be the 10 combined service and maintenance reimbursement rate established 11 by contract. 12 8. The group foster care reimbursement rates paid for 13 placement of children out of state shall be calculated 14 according to the same rate-setting principles as those used for 15 in-state providers, unless the director of human services or 16 the director’s designee determines that appropriate care cannot 17 be provided within the state. The payment of the daily rate 18 shall be based on the number of days in the calendar month in 19 which service is provided. 20 9. a. For the fiscal year beginning July 1, 2019, the 21 reimbursement rate paid for shelter care and the child welfare 22 emergency services implemented to provide or prevent the need 23 for shelter care shall be established by contract. 24 b. For the fiscal year beginning July 1, 2019, the combined 25 service and maintenance components of the reimbursement rate 26 paid for shelter care services shall be based on the financial 27 and statistical report submitted to the department. The 28 maximum reimbursement rate shall be $101.83 per day. The 29 department shall reimburse a shelter care provider at the 30 provider’s actual and allowable unit cost, plus inflation, not 31 to exceed the maximum reimbursement rate. 32 c. Notwithstanding section 232.141, subsection 8 , for the 33 fiscal year beginning July 1, 2019, the amount of the statewide 34 average of the actual and allowable rates for reimbursement of 35 -62- H1322.2507 (4) 88 pf/rn 62/ 113
juvenile shelter care homes that is utilized for the limitation 1 on recovery of unpaid costs shall remain at the amount in 2 effect for this purpose in the fiscal year beginning July 1, 3 2018. 4 10. For the fiscal year beginning July 1, 2019, the 5 department shall calculate reimbursement rates for intermediate 6 care facilities for persons with an intellectual disability 7 at the 80th percentile. Beginning July 1, 2019, the rate 8 calculation methodology shall utilize the consumer price index 9 inflation factor applicable to the fiscal year beginning July 10 1, 2019. 11 11. Effective July 1, 2019, the child care provider 12 reimbursement rates shall remain at the rates in effect on June 13 30, 2019. The department shall set rates in a manner so as 14 to provide incentives for a nonregistered provider to become 15 registered by applying any increase only to registered and 16 licensed providers. 17 12. The department may adopt emergency rules to implement 18 this section. 19 Sec. 32. CONTRACTED SERVICES —— PROHIBITED USE OF STATE 20 FUNDING FOR LOBBYING. 21 1. The department shall submit a report to the individuals 22 identified in this Act for submission of reports by December 23 15, 2019, regarding the outcomes of any program or activity for 24 which funding is appropriated or allocated from the general 25 fund of the state to the department under this division of this 26 Act, and for which a request for proposals process is required. 27 2. The department shall incorporate into the general 28 conditions applicable to all award documents involving funding 29 appropriated or allocated from the general fund of the state to 30 the department under this division of this Act, a prohibition 31 against the use of such funding for the compensation of a 32 lobbyist. For the purposes of this section, “lobbyist” means 33 the same as defined in section 68B.2; however, “lobbyist” 34 does not include a person employed by a state agency of the 35 -63- H1322.2507 (4) 88 pf/rn 63/ 113
executive branch of state government who represents the agency 1 relative to the passage, defeat, approval, or modification of 2 legislation that is being considered by the general assembly. 3 Sec. 33. EMERGENCY RULES. 4 1. If specifically authorized by a provision of this 5 division of this Act, the department of human services or 6 the mental health and disability services commission may 7 adopt administrative rules under section 17A.4, subsection 8 3 , and section 17A.5, subsection 2 , paragraph “b”, to 9 implement the provisions of this division of this Act and 10 the rules shall become effective immediately upon filing or 11 on a later effective date specified in the rules, unless the 12 effective date of the rules is delayed or the applicability 13 of the rules is suspended by the administrative rules review 14 committee. Any rules adopted in accordance with this section 15 shall not take effect before the rules are reviewed by the 16 administrative rules review committee. The delay authority 17 provided to the administrative rules review committee under 18 section 17A.4, subsection 7 , and section 17A.8, subsection 9 , 19 shall be applicable to a delay imposed under this section, 20 notwithstanding a provision in those sections making them 21 inapplicable to section 17A.5, subsection 2 , paragraph “b”. 22 Any rules adopted in accordance with the provisions of this 23 section shall also be published as a notice of intended action 24 as provided in section 17A.4 . 25 2. If during a fiscal year, the department of human 26 services is adopting rules in accordance with this section 27 or as otherwise directed or authorized by state law, and the 28 rules will result in an expenditure increase beyond the amount 29 anticipated in the budget process or if the expenditure was 30 not addressed in the budget process for the fiscal year, the 31 department shall notify the persons designated by this division 32 of this Act for submission of reports, the chairpersons and 33 ranking members of the committees on appropriations, and 34 the department of management concerning the rules and the 35 -64- H1322.2507 (4) 88 pf/rn 64/ 113
expenditure increase. The notification shall be provided at 1 least 30 calendar days prior to the date notice of the rules 2 is submitted to the administrative rules coordinator and the 3 administrative code editor. 4 Sec. 34. REPORTS. Any reports or other information 5 required to be compiled and submitted under this Act during the 6 fiscal year beginning July 1, 2019, shall be submitted to the 7 chairpersons and ranking members of the joint appropriations 8 subcommittee on health and human services, the legislative 9 services agency, and the legislative caucus staffs on or 10 before the dates specified for submission of the reports or 11 information. 12 Sec. 35. EFFECTIVE UPON ENACTMENT. The following 13 provisions of this division of this Act, being deemed of 14 immediate importance, take effect upon enactment: 15 1. The provision relating to section 232.141 and directing 16 the state court administrator and the division administrator of 17 the department of human services division of child and family 18 services to make the determination, by June 15, 2019, of the 19 distribution of funds allocated for the payment of the expenses 20 of court-ordered services provided to juveniles which are a 21 charge upon the state. 22 DIVISION VI 23 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2019-2020 24 Sec. 36. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 25 appropriated from the pharmaceutical settlement account created 26 in section 249A.33 to the department of human services for the 27 fiscal year beginning July 1, 2019, and ending June 30, 2020, 28 the following amount, or so much thereof as is necessary, to be 29 used for the purpose designated: 30 Notwithstanding any provision of law to the contrary, to 31 supplement the appropriations made in this Act for medical 32 contracts under the medical assistance program for the fiscal 33 year beginning July 1, 2019, and ending June 30, 2020: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,193 35 -65- H1322.2507 (4) 88 pf/rn 65/ 113
Sec. 37. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 1 SERVICES. Notwithstanding any provision to the contrary and 2 subject to the availability of funds, there is appropriated 3 from the quality assurance trust fund created in section 4 249L.4 to the department of human services for the fiscal year 5 beginning July 1, 2019, and ending June 30, 2020, the following 6 amounts, or so much thereof as is necessary, for the purposes 7 designated: 8 To supplement the appropriation made in this Act from the 9 general fund of the state to the department of human services 10 for medical assistance for the same fiscal year: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58,570,397 12 Sec. 38. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 13 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 14 the contrary and subject to the availability of funds, there is 15 appropriated from the hospital health care access trust fund 16 created in section 249M.4 to the department of human services 17 for the fiscal year beginning July 1, 2019, and ending June 18 30, 2020, the following amounts, or so much thereof as is 19 necessary, for the purposes designated: 20 To supplement the appropriation made in this Act from the 21 general fund of the state to the department of human services 22 for medical assistance for the same fiscal year: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,920,554 24 Sec. 39. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 25 FOR FY 2019-2020. Notwithstanding section 8.33 , if moneys 26 appropriated for purposes of the medical assistance program for 27 the fiscal year beginning July 1, 2019, and ending June 30, 28 2020, from the general fund of the state, the quality assurance 29 trust fund and the hospital health care access trust fund, are 30 in excess of actual expenditures for the medical assistance 31 program and remain unencumbered or unobligated at the close 32 of the fiscal year, the excess moneys shall not revert but 33 shall remain available for expenditure for the purposes of the 34 medical assistance program until the close of the succeeding 35 -66- H1322.2507 (4) 88 pf/rn 66/ 113
fiscal year. 1 DIVISION VII 2 GRADUATED SANCTION, COURT-ORDERED, AND GROUP FOSTER CARE 3 SERVICES AND FUNDING WORK GROUP 4 Sec. 40. GRADUATED SANCTION, COURT-ORDERED, AND GROUP 5 FOSTER CARE SERVICES AND FUNDING WORK GROUP. 6 1. As used in this section, unless the context otherwise 7 requires: 8 a. “Court-ordered services” means the defined or specific 9 care and treatment that is ordered by the court for an eligible 10 child and for which no other payment source is available to 11 cover the cost. 12 b. “Department” means the department of human services. 13 c. “Eligible child” means a child who has been adjudicated 14 delinquent, is at risk, or has been certified by the chief 15 juvenile court officer as eligible for court-ordered services. 16 d. “Graduated sanction services” includes community-based 17 interventions, school-based supervision, and supportive 18 enhancements provided in community-based settings to an 19 eligible child who is adjudicated delinquent or who is at risk 20 of adjudication. 21 2. The division of criminal and juvenile justice planning 22 of the department of human rights shall convene and provide 23 administrative support to a work group to review and develop 24 a plan to transfer the administration of graduated sanctions 25 and court-ordered services and funding and the oversight of 26 group foster care placements for eligible children from the 27 department to the office of the state court administrator. 28 The plan shall ensure that the office of the state court 29 administrator has the capacity, resources, and expertise to 30 manage the funding and services effectively. 31 3. a. In addition to a representative of the division of 32 criminal and juvenile justice planning of the department of 33 human rights, the membership of the work group shall include 34 but is not limited to representatives of all of the following: 35 -67- H1322.2507 (4) 88 pf/rn 67/ 113
(1) The judicial branch, including the state court 1 administrator or the state court administrator’s designee, 2 a juvenile court judge, at least one chief juvenile court 3 officer, and a representative with fiscal and contract 4 experience. 5 (2) The department of human services, including 6 representatives with experience managing graduated sanctions 7 funding and group foster care placements. 8 (3) The department of justice. 9 (4) The juvenile justice advisory committee. 10 (5) Member and nonmember agencies of the coalition for 11 family and children’s services in Iowa. 12 (6) Providers of community-based services for eligible 13 children. 14 (7) Providers of group foster care. 15 (8) Attorneys who represent children in juvenile justice 16 proceedings. 17 (9) County attorneys. 18 (10) Federal Title IV-E funding and services subject matter 19 experts. 20 (11) Individuals who formerly received services as eligible 21 children or their parents. 22 b. In addition, the work group membership shall include 23 four members of the general assembly. The legislative members 24 shall serve as ex officio, nonvoting members of the work group, 25 with one member to be appointed by each of the following: the 26 majority leader of the senate, the minority leader of the 27 senate, the speaker of the house of representatives, and the 28 minority leader of the house of representatives. 29 c. In addition to the members specified, the division 30 of criminal and juvenile justice planning may include other 31 stakeholders with interest or expertise on the work group. 32 d. Any expenses incurred by a member of the work group 33 shall be the responsibility of the individual member or the 34 respective entity represented by the member. 35 -68- H1322.2507 (4) 88 pf/rn 68/ 113
4. The work group shall do all of the following: 1 a. Develop an action plan to transfer the administration 2 of juvenile court graduated sanction services, court-ordered 3 services, and associated funding from the department to the 4 office of the state court administrator or other appropriate 5 state entity. 6 b. Develop an action plan to transfer the oversight of 7 group foster care services for eligible children from the 8 department to the office of the state court administrator or 9 other appropriate state entity with the necessary expertise to 10 provide such services. 11 c. Develop an action plan to transfer administration of the 12 juvenile detention home fund created in section 232.142 from 13 the department to the office of the state court administrator 14 or other appropriate state entity. 15 d. Evaluate current resources to determine the most 16 efficient means of suitably equipping the office of the state 17 court administrator or other appropriate state entity with 18 the policies and legal authority; staffing; contracting, 19 procurement, data, and quality assurance capabilities; 20 and other resources necessary to manage such funds and 21 associated services effectively. The evaluation shall 22 require collaboration with the department to manage transition 23 activities. 24 e. Recommend statutory and administrative policies and 25 court rules to promote collaborative case planning and quality 26 assurance between the department and juvenile court services 27 for youth who may be involved in both the child welfare and 28 juvenile justice systems or who may utilize the same providers 29 or services. 30 f. Determine the impact and role of the federal Family 31 First Prevention Services Act relative to the various funding 32 streams and services under the purview of the work group, and 33 recommend statutory and administrative policies and rules to 34 coordinate the duties of the work group with implementation and 35 -69- H1322.2507 (4) 88 pf/rn 69/ 113
administration of the federal Act. 1 g. Determine the role of the decategorization of child 2 welfare and juvenile justice funding initiative pursuant 3 to section 232.188 relative to the other funding streams 4 and services under the purview of the work group, and make 5 recommendations regarding the future of the initiative 6 including the potential transfer of administration of the 7 initiative from the department to the office of the state court 8 administrator or other appropriate state entity. 9 h. Consult with other state juvenile court systems and 10 subject matter experts to review administration of similar 11 programs, to glean information on lessons learned and best 12 practices, and to determine the types of community and 13 residential services that have demonstrated effectiveness for 14 eligible children. 15 5. The division of criminal and juvenile justice planning 16 of the department of human rights shall submit a report of the 17 findings and recommendations of the work group, including a 18 plan to implement the recommendations by July 1, 2021, to the 19 governor and the general assembly by December 15, 2019. 20 DIVISION VIII 21 CO-OCCURRING CONDITIONS —— ENHANCED DELIVERY OF SERVICES REVIEW 22 Sec. 41. REVIEW TO PROVIDE ENHANCED DELIVERY OF SERVICES 23 FOR CO-OCCURRING CONDITIONS. The director of the department 24 of public health and the director of the department of human 25 services shall develop recommendations for the enhanced 26 delivery of co-occurring conditions services. The directors 27 shall examine the current service delivery system to identify 28 opportunities for reducing the administrative burden on the 29 departments and providers, evaluate the use of an integrated 30 helpline and website and improvements in data collection 31 and sharing of outcomes, and create a structure for ongoing 32 collaboration. The directors shall submit a report including 33 findings, a five-year plan to address co-occurring conditions 34 across provider types and payors, and other recommendations to 35 -70- H1322.2507 (4) 88 pf/rn 70/ 113
the governor and general assembly by December 15, 2019. 1 DIVISION IX 2 MEDICAID MANAGED CARE CONTRACTS 3 Sec. 42. MEDICAID MANAGED CARE CONTRACTS —— NOTIFICATION 4 TO GENERAL ASSEMBLY. The department of human services shall 5 notify the chairpersons and ranking members of the joint 6 appropriations subcommittee on health and human services, the 7 legislative services agency, and the legislative caucus staffs 8 as follows: 9 1. Within thirty days of the execution of a Medicaid managed 10 care contract or amendment to a Medicaid managed care contract. 11 2. Within thirty days of the determination by the 12 department during each measurement year whether to return the 13 incentive payment withhold amount to the Medicaid managed care 14 organization based upon performance and the criteria used in 15 making the determination. 16 DIVISION X 17 IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING 18 Sec. 43. IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING. The 19 department on aging and the department of human services shall 20 continue to collaborate to develop a cost allocation plan 21 requesting Medicaid administrative funding to provide for the 22 claiming of federal financial participation for aging and 23 disability resource center activities that are performed to 24 assist with administration of the Medicaid program. By January 25 1, 2021, the department of human services shall submit to 26 the centers for Medicare and Medicaid services of the United 27 States department of health and human services any Medicaid 28 state plan amendment as necessary and shall enter into any 29 interagency agreement with the department on aging to implement 30 this section. 31 DIVISION XI 32 DECATEGORIZATION FY 2017 CARRYOVER FUNDING 33 Sec. 44. DECATEGORIZATION CARRYOVER FUNDING FY 2017 —— 34 TRANSFER TO MEDICAID PROGRAM. Notwithstanding section 232.188, 35 -71- H1322.2507 (4) 88 pf/rn 71/ 113
subsection 5, paragraph “b”, any state-appropriated moneys in 1 the funding pool that remained unencumbered or unobligated 2 at the close of the fiscal year beginning July 1, 2016, and 3 were deemed carryover funding to remain available for the two 4 succeeding fiscal years that still remain unencumbered or 5 unobligated at the close of the fiscal year beginning July 1, 6 2018, shall not revert but shall be transferred to the medical 7 assistance program for the fiscal year beginning July 1, 2019. 8 Sec. 45. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 Sec. 46. RETROACTIVE APPLICABILITY. This division of this 11 Act applies retroactively to July 1, 2018. 12 DIVISION XII 13 PRIOR APPROPRIATIONS AND OTHER PROVISIONS 14 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) 15 Sec. 47. 2017 Iowa Acts, chapter 174, section 45, as amended 16 by 2018 Iowa Acts, chapter 1165, section 10, is amended to read 17 as follows: 18 SEC. 45. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 19 GRANT. There is appropriated from the fund created in section 20 8.41 to the department of human services for the fiscal year 21 beginning July 1, 2018, and ending June 30, 2019, from moneys 22 received under the federal temporary assistance for needy 23 families (TANF) block grant pursuant to the federal Personal 24 Responsibility and Work Opportunity Reconciliation Act of 1996, 25 Pub. L. No. 104-193, and successor legislation, the following 26 amounts, or so much thereof as is necessary, to be used for the 27 purposes designated: 28 1. To be credited to the family investment program account 29 and used for assistance under the family investment program 30 under chapter 239B : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,539,006 32 4,025,108 33 2. To be credited to the family investment program account 34 and used for the job opportunities and basic skills (JOBS) 35 -72- H1322.2507 (4) 88 pf/rn 72/ 113
program and implementing family investment agreements in 1 accordance with chapter 239B : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,412,060 3 5,192,060 4 3. To be used for the family development and 5 self-sufficiency grant program in accordance with section 6 216A.107 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,883,980 8 2,898,980 9 Notwithstanding section 8.33 , moneys appropriated in this 10 subsection that remain unencumbered or unobligated at the close 11 of the fiscal year shall not revert but shall remain available 12 for expenditure for the purposes designated until the close of 13 the succeeding fiscal year. However, unless such moneys are 14 encumbered or obligated on or before September 30, 2019, the 15 moneys shall revert. 16 4. For field operations: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 18 32,465,681 19 5. For general administration: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 21 6. For state child care assistance: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,166,826 23 a. Of the funds appropriated in this subsection, 24 $26,205,412 is transferred to the child care and development 25 block grant appropriation made by the Eighty-seventh General 26 Assembly, 2018 session, for the federal fiscal year beginning 27 October 1, 2018, and ending September 30, 2019. Of this 28 amount, $200,000 shall be used for provision of educational 29 opportunities to registered child care home providers in order 30 to improve services and programs offered by this category 31 of providers and to increase the number of providers. The 32 department may contract with institutions of higher education 33 or child care resource and referral centers to provide 34 the educational opportunities. Allowable administrative 35 -73- H1322.2507 (4) 88 pf/rn 73/ 113
costs under the contracts shall not exceed 5 percent. The 1 application for a grant shall not exceed two pages in length. 2 b. Any funds appropriated in this subsection remaining 3 unallocated shall be used for state child care assistance 4 payments for families who are employed including but not 5 limited to individuals enrolled in the family investment 6 program. 7 7. For child and family services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 9 8. For child abuse prevention grants: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 11 9. For pregnancy prevention grants on the condition that 12 family planning services are funded: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,913,203 14 1,890,203 15 Pregnancy prevention grants shall be awarded to programs 16 in existence on or before July 1, 2018, if the programs have 17 demonstrated positive outcomes. Grants shall be awarded to 18 pregnancy prevention programs which are developed after July 19 1, 2018, if the programs are based on existing models that 20 have demonstrated positive outcomes. Grants shall comply with 21 the requirements provided in 1997 Iowa Acts, chapter 208, 22 section 14, subsections 1 and 2 , including the requirement that 23 grant programs must emphasize sexual abstinence. Priority in 24 the awarding of grants shall be given to programs that serve 25 areas of the state which demonstrate the highest percentage of 26 unplanned pregnancies of females of childbearing age within the 27 geographic area to be served by the grant. 28 10. For technology needs and other resources necessary 29 to meet federal welfare reform reporting, tracking, and case 30 management requirements: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 32 862,186 33 11. a. Notwithstanding any provision to the contrary, 34 including but not limited to requirements in section 8.41 or 35 -74- H1322.2507 (4) 88 pf/rn 74/ 113
provisions in 2017 or 2018 Iowa Acts regarding the receipt and 1 appropriation of federal block grants, federal funds from the 2 temporary assistance for needy families block grant received by 3 the state and not otherwise appropriated in this section and 4 remaining available for the fiscal year beginning July 1, 2018, 5 are appropriated to the department of human services to the 6 extent as may be necessary to be used in the following priority 7 order: the family investment program, for state child care 8 assistance program payments for families who are employed, and 9 for the family investment program share of system costs for 10 eligibility determination and related functions. The federal 11 funds appropriated in this paragraph “a” shall be expended 12 only after all other funds appropriated in subsection 1 for 13 assistance under the family investment program, in subsection 6 14 for child care assistance, or in subsection 10 for technology 15 costs related to the family investment program, as applicable, 16 have been expended. For the purposes of this subsection, the 17 funds appropriated in subsection 6, paragraph “a”, for transfer 18 to the child care and development block grant appropriation 19 are considered fully expended when the full amount has been 20 transferred. 21 b. The department shall, on a quarterly basis, advise the 22 legislative services agency and department of management of 23 the amount of funds appropriated in this subsection that was 24 expended in the prior quarter. 25 12. Of the amounts appropriated in this section, 26 $12,962,008 for the fiscal year beginning July 1, 2018, is 27 transferred to the appropriation of the federal social services 28 block grant made to the department of human services for that 29 fiscal year. 30 13. For continuation of the program providing categorical 31 eligibility for the food assistance program as specified 32 for the program in the section of this division of this Act 33 relating to the family investment program account: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,236 35 -75- H1322.2507 (4) 88 pf/rn 75/ 113
13,000 1 14. The department may transfer funds allocated in this 2 section to the appropriations made in this division of this Act 3 for the same fiscal year for general administration and field 4 operations for resources necessary to implement and operate the 5 services referred to in this section and those funded in the 6 appropriation made in this division of this Act for the same 7 fiscal year for the family investment program from the general 8 fund of the state. 9 15. With the exception of moneys allocated under this 10 section for the family development and self-sufficiency grant 11 program, to the extent moneys allocated in this section are 12 deemed by the department not to be necessary to support the 13 purposes for which they are allocated, such moneys may be 14 used in the same fiscal year for any other purpose for which 15 funds are allocated in this section or in section 7 of this 16 division for the family investment program account. If there 17 are conflicting needs, priority shall first be given to the 18 family investment program account as specified under subsection 19 1 of this section and used for the purposes of assistance under 20 the family investment program under chapter 239B , followed by 21 state child care assistance program payments for families who 22 are employed, followed by other priorities as specified by the 23 department. 24 FAMILY INVESTMENT PROGRAM ADJUSTMENTS 25 Sec. 48. 2017 Iowa Acts, chapter 174, section 46, subsection 26 4, as amended by 2018 Iowa Acts, chapter 1165, section 11, is 27 amended to read as follows: 28 4. Moneys appropriated in this division of this Act and 29 credited to the FIP account for the fiscal year beginning July 30 1, 2018, and ending June 30, 2019, are allocated as follows: 31 a. To be retained by the department of human services to 32 be used for coordinating with the department of human rights 33 to more effectively serve participants in FIP and other shared 34 clients and to meet federal reporting requirements under the 35 -76- H1322.2507 (4) 88 pf/rn 76/ 113
federal temporary assistance for needy families block grant: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000 2 20,000 3 b. To the department of human rights for staffing, 4 administration, and implementation of the family development 5 and self-sufficiency grant program in accordance with section 6 216A.107 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,192,834 8 (1) Of the funds allocated for the family development 9 and self-sufficiency grant program in this paragraph “b”, 10 not more than 5 percent of the funds shall be used for the 11 administration of the grant program. 12 (2) The department of human rights may continue to implement 13 the family development and self-sufficiency grant program 14 statewide during fiscal year 2018-2019. 15 (3) The department of human rights may engage in activities 16 to strengthen and improve family outcomes measures and 17 data collection systems under the family development and 18 self-sufficiency grant program. 19 c. For the diversion subaccount of the FIP account: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 749,694 21 815,000 22 A portion of the moneys allocated for the subaccount may 23 be used for field operations, salaries, data management 24 system development, and implementation costs and support 25 deemed necessary by the director of human services in order to 26 administer the FIP diversion program. To the extent moneys 27 allocated in this paragraph “c” are deemed by the department 28 not to be necessary to support diversion activities, such 29 moneys may be used for other efforts intended to increase 30 engagement by family investment program participants in work, 31 education, or training activities, or for the purposes of 32 assistance under the family investment program in accordance 33 with chapter 239B . 34 d. For the food assistance employment and training program: 35 -77- H1322.2507 (4) 88 pf/rn 77/ 113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 1 (1) The department shall apply the federal supplemental 2 nutrition assistance program (SNAP) employment and training 3 state plan in order to maximize to the fullest extent permitted 4 by federal law the use of the 50 percent federal reimbursement 5 provisions for the claiming of allowable federal reimbursement 6 funds from the United States department of agriculture 7 pursuant to the federal SNAP employment and training program 8 for providing education, employment, and training services 9 for eligible food assistance program participants, including 10 but not limited to related dependent care and transportation 11 expenses. 12 (2) The department shall continue the categorical federal 13 food assistance program eligibility at 160 percent of the 14 federal poverty level and continue to eliminate the asset test 15 from eligibility requirements, consistent with federal food 16 assistance program requirements. The department shall include 17 as many food assistance households as is allowed by federal 18 law. The eligibility provisions shall conform to all federal 19 requirements including requirements addressing individuals who 20 are incarcerated or otherwise ineligible. 21 e. For the JOBS program: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,139,821 23 11,919,821 24 MEDICAL ASSISTANCE PROGRAM ADJUSTMENT 25 Sec. 49. 2017 Iowa Acts, chapter 174, section 51, unnumbered 26 paragraph 2, as amended by 2018 Iowa Acts, chapter 1165, 27 section 18, is amended to read as follows: 28 For medical assistance program reimbursement and associated 29 costs as specifically provided in the reimbursement 30 methodologies in effect on June 30, 2018, except as otherwise 31 expressly authorized by law, consistent with options under 32 federal law and regulations, and contingent upon receipt of 33 approval from the office of the governor of reimbursement for 34 each abortion performed under the program: 35 -78- H1322.2507 (4) 88 pf/rn 78/ 113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,337,841,375 1 1,488,141,375 2 GROUP FOSTER CARE REALLOCATION 3 Sec. 50. 2017 Iowa Acts, chapter 174, section 57, subsection 4 3, paragraph a, as amended by 2018 Iowa Acts, chapter 1165, 5 section 28, is amended to read as follows: 6 a. Of the funds appropriated in this section, up to 7 $34,536,648 is allocated as the statewide expenditure target 8 under section 232.143 for group foster care maintenance and 9 services. If the department projects that such expenditures 10 for the fiscal year will be less than the target amount 11 allocated in this paragraph “a”, the department may reallocate 12 the excess to provide additional funding for family foster 13 care, independent living, family safety, risk and permanency 14 services, shelter care , or the child welfare emergency services 15 addressed with the allocation for shelter care. 16 SHELTER CARE ALLOCATION 17 Sec. 51. 2017 Iowa Acts, chapter 174, section 57, subsection 18 6, as amended by 2018 Iowa Acts, chapter 1165, section 28, is 19 amended to read as follows: 20 6. Notwithstanding section 234.35 or any other provision of 21 law to the contrary, state funding Of the funds appropriated 22 in this section, a sufficient amount is allocated for shelter 23 care and the child welfare emergency services contracting 24 implemented to provide for or prevent the need for shelter care 25 shall be limited to $8,096,158 . 26 OTHER FUNDING FOR CHILD WELFARE SERVICES 27 Sec. 52. 2017 Iowa Acts, chapter 174, section 57, subsection 28 6, as amended by 2018 Iowa Acts, chapter 1165, section 28, is 29 amended by adding the following new subsection: 30 NEW SUBSECTION . 24. If a separate funding source is 31 identified that reduces the need for state funds within an 32 allocation under this section, the allocated state funds may be 33 redistributed to other allocations under this section for the 34 same fiscal year. 35 -79- H1322.2507 (4) 88 pf/rn 79/ 113
Sec. 53. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 Sec. 54. RETROACTIVE APPLICABILITY. This division of this 3 Act applies retroactively to July 1, 2018. 4 DIVISION XIII 5 HOSPITAL HEALTH CARE ACCESS ASSESSMENT PROGRAM FUTURE REPEAL 6 Sec. 55. Section 249M.5, Code 2019, is amended to read as 7 follows: 8 249M.5 Future repeal. 9 This chapter is repealed July 1, 2019 2021 . 10 Sec. 56. EFFECTIVE DATE. This division of this Act, being 11 deemed of immediate importance, takes effect upon enactment. 12 DIVISION XIV 13 MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER OF FUNDS 14 Sec. 57. MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER 15 OF FUNDS. Notwithstanding section 331.432, a county with a 16 population of over 300,000 based on the most recent federal 17 decennial census, may transfer funds from any other fund of the 18 county to the mental health and disability regional services 19 fund for the purposes of providing mental health and disability 20 services for the fiscal year beginning July 1, 2019, and 21 ending June 30, 2020. The county shall submit a report to 22 the governor and the general assembly by September 1, 2020, 23 including the source of any funds transferred, the amount of 24 the funds transferred, and the mental health and disability 25 services provided with the transferred funds. 26 DIVISION XV 27 OPERATION OF BOARD OF MEDICINE, BOARD OF NURSING, BOARD OF 28 PHARMACY, AND THE DENTAL BOARD 29 Sec. 58. Section 135.11A, subsection 1, Code 2019, is 30 amended to read as follows: 31 1. There shall be a professional licensure division within 32 the department of public health. Each board under chapter 147 33 or under the administrative authority of the department, except 34 the board of nursing, board of medicine, dental board, and 35 -80- H1322.2507 (4) 88 pf/rn 80/ 113
board of pharmacy, shall receive administrative and clerical 1 support from the division and may not employ its own support 2 staff for administrative and clerical duties. The executive 3 director of the board of nursing, board of medicine, dental 4 board, and board of pharmacy shall be appointed pursuant to 5 section 135.11B. 6 Sec. 59. NEW SECTION . 135.11B Appointment of certain 7 executive directors. 8 1. The director shall appoint and supervise a full-time 9 executive director for each of the following boards: 10 a. The board of medicine. 11 b. The board of nursing. 12 c. The dental board. 13 d. The board of pharmacy. 14 2. Each board listed in subsection 1 shall advise the 15 director in evaluating potential candidates for the position of 16 executive director, consult with the director in the hiring of 17 the executive director, and review and advise the director on 18 the performance of the executive director in the discharge of 19 the executive director’s duties. 20 3. Each board listed in subsection 1 shall retain sole 21 discretion and authority to execute the core functions of the 22 board including but not limited to policymaking, advocating 23 for and against legislation, rulemaking, licensing, licensee 24 investigations, licensee disciplinary proceedings, and 25 oversight of professional health programs. The director’s 26 supervision of the executive director shall not interfere with 27 the board’s discretion and authority in executing the core 28 functions of the board. 29 Sec. 60. Section 147.80, subsection 3, Code 2019, is amended 30 to read as follows: 31 3. The board of medicine, the board of pharmacy, the 32 dental board, and the board of nursing shall retain individual 33 executive officers pursuant to section 135.11B , but shall 34 make every effort to share administrative, clerical, and 35 -81- H1322.2507 (4) 88 pf/rn 81/ 113
investigative staff to the greatest extent possible. 1 Sec. 61. Section 152.2, Code 2019, is amended to read as 2 follows: 3 152.2 Executive director. 4 The board shall appoint retain a full-time executive 5 director , who shall be appointed pursuant to section 135B.11 . 6 The executive director shall be a registered nurse and shall 7 not be a member of the board . The governor, with the approval 8 of the executive council pursuant to section 8A.413, subsection 9 3 , under the pay plan for exempt positions in the executive 10 branch of government, shall set the salary of the executive 11 director. 12 Sec. 62. Section 153.33, subsection 2, Code 2019, is amended 13 to read as follows: 14 2. All employees needed to administer this chapter except 15 the executive director shall be appointed pursuant to the merit 16 system. The executive director shall serve at the pleasure of 17 the board be appointed pursuant to section 135.11B and shall 18 be exempt from the merit system provisions of chapter 8A, 19 subchapter IV . 20 DIVISION XVI 21 MEDICAID MEDICAL PRIOR AUTHORIZATION —— UNIFORM PROCESS —— 22 CENTRAL PORTAL 23 Sec. 63. MEDICAID —— MEDICAL PRIOR AUTHORIZATION UNIFORM 24 PROCESS. The department of human services shall adopt rules 25 pursuant to chapter 17A by October 1, 2019, to require that 26 both managed care and fee-for-service payment and delivery 27 systems utilize a uniform process, including but not limited to 28 uniform forms, information requirements, and time frames, to 29 request medical prior authorization under the Medicaid program. 30 The rules shall require the managed care organizations, 31 by contract, to implement the uniform process by a date as 32 determined by the department. 33 Sec. 64. MEDICAID MANAGEMENT INFORMATION SYSTEM —— CENTRAL 34 PORTAL —— REVIEW. The department shall review the costs 35 -82- H1322.2507 (4) 88 pf/rn 82/ 113
associated with expanding the medical assistance management 1 information system to integrate a single, statewide system to 2 serve as a central portal for submission of all medical prior 3 authorization requests for the Medicaid program. The portal 4 shall not be designed to make or review final determinations 5 of managed care organization medical prior authorization 6 requests, but shall only serve as a conduit to deliver medical 7 prior authorization requests to the appropriate managed care 8 organization. The results of the study shall be submitted to 9 the governor and the general assembly no later than March 31, 10 2020. 11 Sec. 65. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. 13 DIVISION XVII 14 HEALTH AND HUMAN SERVICES EXECUTIVE BRANCH ENTITIES —— REFORM 15 IOWA COLLABORATIVE SAFETY NET PROVIDER NETWORK 16 Sec. 66. Section 135.24, subsection 7, paragraph e, Code 17 2019, is amended to read as follows: 18 e. “Specialty health care provider office” means the 19 private office or clinic of an individual specialty health 20 care provider or group of specialty health care providers as 21 referred by the Iowa collaborative safety net provider network 22 established in section 135.153 , but does not include a field 23 dental clinic, a free clinic, or a hospital. 24 Sec. 67. Section 135.159, subsection 1, paragraph h, Code 25 2019, is amended by striking the paragraph. 26 Sec. 68. REPEAL. Section 135.153, Code 2019, is repealed. 27 HOSPITAL HEALTH CARE ACCESS TRUST FUND BOARD 28 Sec. 69. Section 249M.4, Code 2019, is amended to read as 29 follows: 30 249M.4 Hospital health care access trust fund —— board . 31 1. A hospital health care access trust fund is created 32 in the state treasury under the authority of the department. 33 Moneys received through the collection of the hospital health 34 care access assessment imposed under this chapter and any 35 -83- H1322.2507 (4) 88 pf/rn 83/ 113
other moneys specified for deposit in the trust fund shall be 1 deposited in the trust fund. 2 2. Moneys in the trust fund shall be used, subject to 3 their appropriation by the general assembly, by the department 4 to reimburse participating hospitals the medical assistance 5 program upper payment limit for inpatient and outpatient 6 hospital services as calculated in this section . Following 7 payment of such upper payment limit to participating hospitals, 8 any remaining funds in the trust fund on an annual basis may be 9 used for any of the following purposes: 10 a. To support medical assistance program utilization 11 shortfalls. 12 b. To maintain the state’s capacity to provide access to and 13 delivery of services for vulnerable Iowans. 14 c. To fund the health care workforce support initiative 15 created pursuant to section 135.175 . 16 d. To support access to health care services for uninsured 17 Iowans. 18 e. To support Iowa hospital programs and services which 19 expand access to health care services for Iowans. 20 3. The trust fund shall be separate from the general fund 21 of the state and shall not be considered part of the general 22 fund. The moneys in the trust fund shall not be considered 23 revenue of the state, but rather shall be funds of the hospital 24 health care access assessment program. The moneys deposited 25 in the trust fund are not subject to section 8.33 and shall not 26 be transferred, used, obligated, appropriated, or otherwise 27 encumbered, except to provide for the purposes of this chapter . 28 Notwithstanding section 12C.7, subsection 2 , interest or 29 earnings on moneys deposited in the trust fund shall be 30 credited to the trust fund. 31 4. The department shall adopt rules pursuant to chapter 32 17A to administer the trust fund and reimbursements and 33 expenditures as specified in this chapter made from the trust 34 fund. 35 -84- H1322.2507 (4) 88 pf/rn 84/ 113
5. a. Beginning July 1, 2010, or the implementation date 1 of the hospital health care access assessment program as 2 determined by receipt of approval from the centers for Medicare 3 and Medicaid services of the United States department of health 4 and human services, whichever is later, the department shall 5 increase the diagnostic related groups and ambulatory patient 6 classifications base rates to provide payments to participating 7 hospitals at the Medicare upper payment limit for the fiscal 8 year beginning July 1, 2010, calculated as of July 31, 2010. 9 Each participating hospital shall receive the same percentage 10 increase, but the percentage may differ depending on whether 11 the basis for the base rate increase is the diagnostic related 12 groups or ambulatory patient classifications. 13 b. The percentage increase shall be calculated by dividing 14 the amount calculated under subparagraph (1) by the amount 15 calculated under subparagraph (2) as follows: 16 (1) The amount under the Medicare upper payment limit for 17 the fiscal year beginning July 1, 2010, for participating 18 hospitals. 19 (2) The projected expenditures for participating hospitals 20 for the fiscal year beginning July 1, 2010, as determined by 21 the fiscal management division of the department, plus the 22 amount calculated under subparagraph (1). 23 6. For the fiscal year beginning July 1, 2011, and for 24 each fiscal year beginning July 1, thereafter, the payments to 25 participating hospitals shall continue to be calculated based 26 on the upper payment limit as calculated for the fiscal year 27 beginning July 1, 2010. 28 7. Reimbursement of participating hospitals shall 29 incorporate the rebasing process for inpatient and outpatient 30 services for state fiscal year 2012. However, the total amount 31 of increased funding available for reimbursement attributable 32 to rebasing shall not exceed four million five hundred thousand 33 dollars for state fiscal year 2012 and six million dollars for 34 state fiscal year 2013. 35 -85- H1322.2507 (4) 88 pf/rn 85/ 113
8. Any payments to participating hospitals under this 1 section shall result in budget neutrality to the general fund 2 of the state. 3 9. a. A hospital health care access trust fund board is 4 established consisting of the following members: 5 (1) The co-chairpersons and the ranking members of the joint 6 appropriations subcommittee on health and human services. 7 (2) The Iowa medical assistance program director. 8 (3) Two hospital executives representing the two largest 9 private health care systems in the state. 10 (4) The president of the Iowa hospital association. 11 (5) A representative of a consumer advocacy group, involved 12 in both state and national initiatives, that provides data on 13 key indicators of well-being for children and families in order 14 to inform policymakers to help children and families succeed. 15 b. The board shall do all of the following: 16 (1) Provide oversight of the trust fund. 17 (2) Make recommendations regarding the hospital health care 18 access assessment program, including recommendations regarding 19 the assessment calculation, assessment amounts, payments to 20 participating hospitals, and use of the moneys in the trust 21 fund. 22 (3) Submit an annual report to the governor and the general 23 assembly regarding the use and expenditure of moneys deposited 24 in the trust fund. 25 c. The department shall provide administrative assistance 26 to the board. 27 ADVISORY COMMITTEE TO THE CENTER FOR RURAL HEALTH AND PRIMARY 28 CARE 29 Sec. 70. Section 135.107, subsection 5, Code 2019, is 30 amended by striking the subsection. 31 Sec. 71. Section 262.78, subsection 3, Code 2019, is amended 32 to read as follows: 33 3. The president of the university of Iowa, in consultation 34 with the president of Iowa state university of science and 35 -86- H1322.2507 (4) 88 pf/rn 86/ 113
technology, shall employ a full-time director of the center. 1 The center may employ staff to carry out the center’s purpose. 2 The director shall coordinate the agricultural health and 3 safety programs of the center. The director shall regularly 4 meet and consult with the advisory committee to the center for 5 rural health and primary care. The director shall provide 6 the board of regents with relevant information regarding the 7 center. 8 GOVERNMENTAL PUBLIC HEALTH ADVISORY COUNCIL 9 Sec. 72. Section 135A.2, subsection 2, Code 2019, is amended 10 by striking the subsection. 11 Sec. 73. Section 135A.9, subsection 1, Code 2019, is amended 12 by striking the subsection. 13 Sec. 74. REPEAL. Section 135A.4, Code 2019, is repealed. 14 PATIENT-CENTERED HEALTH ADVISORY COUNCIL 15 Sec. 75. REPEAL. Section 135.159, Code 2019, is repealed. 16 COMBINING STATE MEDICAL EXAMINER ADVISORY COUNCIL WITH THE 17 INTERAGENCY COORDINATING COUNCIL 18 Sec. 76. Section 691.6B, Code 2019, is amended to read as 19 follows: 20 691.6B Interagency coordinating council. 21 1. An interagency coordinating council is created to advise 22 do all of the following: 23 a. Advise and consult with the state medical examiner on a 24 range of issues affecting the organization and functions of the 25 office of the state medical examiner and the effectiveness of 26 the medical examiner system in the state. 27 b. Advise the state medical examiner concerning the 28 assurance of effective coordination of the functions and 29 operations of the office of the state medical examiner with the 30 needs and interests of the departments of public safety and 31 public health. 32 2. Members of the interagency coordinating council shall 33 include the all of the following: 34 a. The state medical examiner, or when the state medical 35 -87- H1322.2507 (4) 88 pf/rn 87/ 113
examiner is not available, the deputy state medical examiner ; 1 the . 2 b. The commissioner of public safety or the commissioner’s 3 designee ; the . 4 c. The director of public health or the director’s designee ; 5 and the . 6 d. The governor or the governor’s designee. 7 e. Representatives from the office of the attorney 8 general, the Iowa county attorneys association, the Iowa 9 medical society, the Iowa association of pathologists, the 10 Iowa association of county medical examiners, the statewide 11 emergency medical system, and the Iowa funeral directors 12 association. 13 3. The interagency coordinating council shall meet on 14 a regular basis , and shall be organized and function as 15 established by the state medical examiner by rule . 16 Sec. 77. REPEAL. Section 691.6C, Code 2019, is repealed. 17 TRAUMA SYSTEM ADVISORY COUNCIL 18 Sec. 78. Section 147A.24, subsection 2, Code 2019, is 19 amended to read as follows: 20 2. The council shall consist of seven members to be 21 appointed by the director from the recommendations of 22 the organizations in subsection 1 for terms of two years. 23 Vacancies on the council shall be filled for the remainder of 24 the term of the original appointment. Members whose terms 25 expire may be reappointed. 26 Sec. 79. TRANSITION PROVISIONS. Notwithstanding any 27 provision of section 147A.24, subsection 2, to the contrary, a 28 member of the trauma system advisory council on July 1, 2019, 29 shall continue serving until the expiration of that member’s 30 term or until a vacancy occurs prior to the expiration of the 31 applicable term, and such vacancy shall only be filled to the 32 extent consistent with and necessary to maintain the total 33 number of members of the council specified in section 147A.24, 34 subsection 2, as amended in this Act. 35 -88- H1322.2507 (4) 88 pf/rn 88/ 113
TELECONFERENCE OPTION FOR STATE ENTITIES 1 Sec. 80. NEW SECTION . 135.11B Statutory board, commission, 2 committee, or council of committee —— teleconference option. 3 Any statutorily established board, commission, committee, or 4 council established under the purview of the department shall 5 provide for a teleconference option for board, commission, 6 committee, or council members to participate in official 7 meetings. 8 ELIMINATION OF PAYMENT OF EXPENSES FOR PUBLIC MEMBERS OF 9 CERTAIN STATE ENTITIES 10 Sec. 81. Section 105.3, subsection 6, Code 2019, is amended 11 by striking the subsection. 12 Sec. 82. Section 135.43, subsection 2, unnumbered paragraph 13 1, Code 2019, is amended to read as follows: 14 The membership of the review team is subject to the 15 provisions of sections 69.16 and 69.16A , relating to political 16 affiliation and gender balance. Review team members who 17 are not designated by another appointing authority shall be 18 appointed by the state medical examiner. Membership terms 19 shall be for three years. A membership vacancy shall be filled 20 in the same manner as the original appointment. The review 21 team shall elect a chairperson and other officers as deemed 22 necessary by the review team. The review team shall meet upon 23 the call of the state medical examiner or as determined by 24 the review team. The members of the team are eligible for 25 reimbursement of actual and necessary expenses incurred in the 26 performance of their official duties. The review team shall 27 include the following: 28 Sec. 83. Section 135.62, subsection 2, paragraph e, Code 29 2019, is amended by striking the paragraph. 30 Sec. 84. Section 147A.3, Code 2019, is amended to read as 31 follows: 32 147A.3 Meetings of the council —— quorum —— expenses . 33 Membership, terms of office, and quorum , and expenses shall 34 be determined by the director pursuant to chapter 135 . 35 -89- H1322.2507 (4) 88 pf/rn 89/ 113
Sec. 85. Section 256I.3, subsection 3, Code 2019, is amended 1 by striking the subsection. 2 ELIMINATION OF CHILD WELFARE ADVISORY COMMITTEE, CHILD 3 SUPPORT ADVISORY COMMITTEE, CHILDREN’S MENTAL HEALTH WAIVER 4 IMPLEMENTATION COMMITTEE, AND PROPERTY TAX RELIEF FUND RISK 5 POOL 6 Sec. 86. Section 217.3A, subsection 1, Code 2019, is amended 7 to read as follows: 8 1. General. The council on human services shall establish 9 and utilize the advisory committees committee identified in 10 this section and may establish and utilize other advisory 11 committees. The council shall establish appointment 12 provisions, membership terms, operating guidelines, and other 13 operational requirements for committees established pursuant to 14 this section . 15 Sec. 87. Section 217.3A, subsections 3 and 4, Code 2019, are 16 amended by striking the subsections. 17 Sec. 88. Section 426B.5, subsection 1, Code 2019, is amended 18 by striking the subsection. 19 Sec. 89. 2005 Iowa Acts, chapter 117, section 4, subsection 20 3, is amended by striking the subsection. 21 DIVISION XVIII 22 MEDICAL ASSISTANCE ADVISORY COUNCIL 23 Sec. 90. Section 217.3, subsection 4, Code 2019, is amended 24 to read as follows: 25 4. Approve the budget of the department of human services 26 prior to submission to the governor. Prior to approval of the 27 budget, the council shall publicize and hold a public hearing 28 to provide explanations and hear questions, opinions, and 29 suggestions regarding the budget. Invitations to the hearing 30 shall be extended to the governor, the governor-elect, the 31 director of the department of management, and other persons 32 deemed by the council as integral to the budget process. The 33 budget materials submitted to the governor shall include a 34 review of options for revising the medical assistance program 35 -90- H1322.2507 (4) 88 pf/rn 90/ 113
made available by federal action or by actions implemented 1 by other states as identified by the department, the medical 2 assistance advisory council and the executive committee of the 3 medical assistance advisory council created in section 249A.4B , 4 and by county representatives. The review shall address what 5 potential revisions could be made in this state and how the 6 changes would be beneficial to Iowans. 7 Sec. 91. Section 249A.4B, Code 2019, is amended to read as 8 follows: 9 249A.4B Medical assistance advisory council. 10 1. A medical assistance advisory council is created to 11 comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of 12 the federal Social Security Act and to advise the director 13 about health and medical care services under the medical 14 assistance program. The council shall meet no more than 15 quarterly. The director of public health and a public member 16 of the council selected by the public members of the council 17 specified in subsection 2 , paragraph “b” , shall serve as 18 co-chairpersons of the council. 19 2. a. The council shall consist of the following voting 20 members: 21 (1) Five professional or business entity members selected 22 by the entities specified pursuant to subsection 3, paragraph 23 “a” . 24 (2) Five public members appointed pursuant to subsection 3, 25 paragraph “b” . Of the five public members, at least one member 26 shall be a recipient of medical assistance. 27 b. The council shall include all of the following nonvoting 28 members: 29 (1) The director of public health, or the director’s 30 designee. 31 (2) The director of the department on aging, or the 32 director’s designee. 33 (3) The long-term care ombudsman, or the long-term care 34 ombudsman’s designee. 35 -91- H1322.2507 (4) 88 pf/rn 91/ 113
(4) The dean of Des Moines university osteopathic medical 1 center, or the dean’s designee. 2 (5) The dean of the university of Iowa college of medicine, 3 or the dean’s designee. 4 (6) A member of the hawk-i board created in section 514I.5, 5 selected by the members of the hawk-i board. 6 (7) The following members of the general assembly, each for 7 a term of two years as provided in section 69.16B: 8 (a) Two members of the house of representatives, one 9 appointed by the speaker of the house of representatives 10 and one appointed by the minority leader of the house of 11 representatives from their respective parties. 12 (b) Two members of the senate, one appointed by the 13 president of the senate after consultation with the majority 14 leader of the senate and one appointed by the minority leader 15 of the senate. 16 2. 3. The voting membership of the council shall include 17 all of the following voting members be selected or appointed 18 as follows : 19 a. The five professional or business entity members shall 20 be selected by the entities specified under this paragraph “a” . 21 The five professional or business entity members selected shall 22 be the president, or the president’s representative, of each 23 of the following professional or business entities entity , or 24 a member of each of the following professional or business 25 entities, selected entity, designated by the entity : . 26 (1) The Iowa medical society. 27 (2) The Iowa osteopathic medical association. 28 (3) The Iowa academy of family physicians. 29 (4) The Iowa chapter of the American academy of pediatrics. 30 (5) The Iowa physical therapy association. 31 (6) The Iowa dental association. 32 (7) The Iowa nurses association. 33 (8) The Iowa pharmacy association. 34 (9) The Iowa podiatric medical society. 35 -92- H1322.2507 (4) 88 pf/rn 92/ 113
(10) The Iowa optometric association. 1 (11) The Iowa association of community providers. 2 (12) The Iowa psychological association. 3 (13) The Iowa psychiatric society. 4 (14) The Iowa chapter of the national association of social 5 workers. 6 (15) The coalition for family and children’s services in 7 Iowa. 8 (16) The Iowa hospital association. 9 (17) The Iowa association of rural health clinics. 10 (18) The Iowa primary care association. 11 (19) Free clinics of Iowa. 12 (20) The opticians’ association of Iowa, inc. 13 (21) The Iowa association of hearing health professionals. 14 (22) The Iowa speech and hearing association. 15 (23) The Iowa health care association. 16 (24) The Iowa association of area agencies on aging. 17 (25) AARP. 18 (26) The Iowa caregivers association. 19 (27) Leading age Iowa. 20 (28) The Iowa association for home care. 21 (29) The Iowa council of health care centers. 22 (30) The Iowa physician assistant society. 23 (31) The Iowa association of nurse practitioners. 24 (32) The Iowa nurse practitioner society. 25 (33) The Iowa occupational therapy association. 26 (34) The ARC of Iowa, formerly known as the association for 27 retarded citizens of Iowa. 28 (35) The national alliance on mental illness. 29 (36) The Iowa state association of counties. 30 (37) The Iowa developmental disabilities council. 31 (38) The Iowa chiropractic society. 32 (39) The Iowa academy of nutrition and dietetics. 33 (40) The Iowa behavioral health association. 34 (41) The midwest association for medical equipment services 35 -93- H1322.2507 (4) 88 pf/rn 93/ 113
or an affiliated Iowa organization. 1 b. Ten The five public members shall be public 2 representatives which may include members of consumer groups, 3 including recipients of medical assistance or their families, 4 consumer organizations, and others, appointed by the governor 5 for staggered terms of two years each, none of whom shall be 6 members of, or practitioners of, or have a pecuniary interest 7 in any of the professional or business entities specifically 8 represented under paragraph “a” , and a majority of whom shall be 9 current or former recipients of medical assistance or members 10 of the families of current or former recipients . 11 c. A member of the hawk-i board created in section 514I.5 , 12 selected by the members of the hawk-i board. 13 3. The council shall include all of the following nonvoting 14 members: 15 a. The director of public health, or the director’s 16 designee. 17 b. The director of the department on aging, or the 18 director’s designee. 19 c. The long-term care ombudsman, or the long-term care 20 ombudsman’s designee. 21 d. The dean of Des Moines university —— osteopathic medical 22 center, or the dean’s designee. 23 e. The dean of the university of Iowa college of medicine, 24 or the dean’s designee. 25 f. The following members of the general assembly, each for a 26 term of two years as provided in section 69.16B : 27 (1) Two members of the house of representatives, one 28 appointed by the speaker of the house of representatives 29 and one appointed by the minority leader of the house of 30 representatives from their respective parties. 31 (2) Two members of the senate, one appointed by the 32 president of the senate after consultation with the majority 33 leader of the senate and one appointed by the minority leader 34 of the senate. 35 -94- H1322.2507 (4) 88 pf/rn 94/ 113
4. a. An executive committee of the council is created and 1 shall consist of the following members of the council: 2 (1) Five of the professional or business entity members 3 designated pursuant to subsection 2 , paragraph “a” , and 4 selected by the members specified under that paragraph, as 5 voting members. 6 (2) Five of the public members appointed pursuant to 7 subsection 2 , paragraph “b” , and selected by the members 8 specified under that paragraph, as voting members. Of the five 9 public members, at least one member shall be a recipient of 10 medical assistance. 11 (3) The director of public health, or the director’s 12 designee, as a nonvoting member. 13 b. The executive committee shall meet on a monthly basis. 14 The director of public health and the public member serving as 15 co-chairperson of the council shall serve as co-chairpersons of 16 the executive committee. 17 c. 4. Based upon the deliberations of the council and the 18 executive committee , the executive committee council shall make 19 recommendations to the director regarding the budget, policy, 20 and administration of the medical assistance program. 21 5. For each council meeting, other than those held during 22 the time the general assembly is in session, each legislative 23 member of the council shall be reimbursed for actual travel 24 and other necessary expenses and shall receive a per diem as 25 specified in section 7E.6 for each day in attendance, as shall 26 the members of the council or the executive committee who are 27 recipients or the family members of recipients of medical 28 assistance, regardless of whether the general assembly is in 29 session. 30 6. The department shall provide staff support and 31 independent technical assistance to the council and the 32 executive committee . 33 7. The director shall consider the recommendations offered 34 by the council and the executive committee in the director’s 35 -95- H1322.2507 (4) 88 pf/rn 95/ 113
preparation of medical assistance budget recommendations to 1 the council on human services pursuant to section 217.3 and in 2 implementation of medical assistance program policies. 3 DIVISION XIX 4 MEDICAID COVERAGE —— PREGNANT WOMEN LAWFULLY ADMITTED FOR 5 PERMANENT RESIDENCE 6 Sec. 92. MEDICAID COVERAGE —— PREGNANT WOMEN LAWFULLY 7 ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES WITHOUT 8 APPLICATION OF FIVE-YEAR WAITING PERIOD. 9 1. The department of human services shall seek a waiver from 10 the centers for Medicare and Medicaid services of the United 11 States department of health and human services to provide 12 coverage under the Medicaid program for pregnant women lawfully 13 admitted for permanent residence in the United States, without 14 application of the five-year waiting period. 15 2. If federal approval is received by the department, the 16 department shall provide Medicaid coverage for pregnant women 17 lawfully admitted for permanent residence in the United States, 18 without application of the five-year waiting period, effective 19 the first day of the month following the department’s receipt 20 of federal approval. 21 DIVISION XX 22 PROVISION OF CERTAIN SURGERIES OR PROCEDURES —— EXEMPTION FROM 23 REQUIRED ACCOMMODATIONS OR SERVICES 24 Sec. 93. Section 216.7, Code 2019, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 3. This section shall not require any 27 state or local government unit or tax-supported district to 28 provide for sex reassignment surgery or any other cosmetic, 29 reconstructive, or plastic surgery procedure related to 30 transsexualism, hermaphroditism, gender identity disorder, or 31 body dysmorphic disorder. 32 Sec. 94. EFFECTIVE DATE. This division of this Act, being 33 deemed of immediate importance, takes effect upon enactment. 34 DIVISION XXI 35 -96- H1322.2507 (4) 88 pf/rn 96/ 113
REVISION OF MEDICAID MANAGED CARE CONTRACTS —— LIQUIDATED 1 DAMAGES 2 Sec. 95. REVISION OF MEDICAID MANAGED CARE CONTRACTS —— 3 LIQUIDATED DAMAGES. The department shall revise the Medicaid 4 managed care contracts to include all of the following 5 provisions: 6 1. The assessment of liquidated damages for prior 7 authorization and claims payment system issues that were 8 reported by the managed care organization to the department 9 as corrected, but reoccurred within 60 days of the reported 10 correction. 11 2. The assessment of liquidated damages for the failure of 12 a managed care organization to complete provider credentialing 13 or to accurately load provider rosters as required in the 14 contract. 15 DIVISION XXII 16 HEALTH DATA COLLECTION AND USE 17 Sec. 96. Section 135.166, subsection 1, Code 2019, is 18 amended to read as follows: 19 1. a. The department of public health shall enter into 20 a memorandum of understanding to utilize the Iowa hospital 21 association with the contractor selected through a request for 22 proposals process to act as the department’s intermediary in 23 collecting, maintaining, and disseminating hospital inpatient, 24 outpatient, and ambulatory data, as initially authorized in 25 1996 Iowa Acts, ch. 1212, §5, subsection 1, paragraph “a” , 26 subparagraph (4), and 641 IAC 177.3 . 27 b. The memorandum of understanding shall include but is not 28 limited to provisions that address the duties of the department 29 and the Iowa hospital association contractor regarding the 30 collection, reporting, disclosure, storage, and confidentiality 31 of the data. 32 Sec. 97. REQUEST FOR PROPOSALS PROCESS —— TRANSITION. The 33 department of public health shall continue the memorandum of 34 understanding with the entity acting as intermediary on June 35 -97- H1322.2507 (4) 88 pf/rn 97/ 113
30, 2019, pursuant to section 135.166, until the contractor 1 selected through a request for proposals process assumes the 2 duties of intermediary on January 1, 2021, as specified under 3 this division of this Act. 4 DIVISION XXIII 5 ELDORA STATE TRAINING SCHOOL 6 Sec. 98. Section 232.52, subsection 2, paragraph e, 7 unnumbered paragraph 1, Code 2019, is amended to read as 8 follows: 9 An order transferring the custody of the child, subject to 10 the continuing jurisdiction and custody of the court for the 11 purposes of section 232.54 , to the director of the department 12 of human services for purposes of placement in the state 13 training school unless the state training school is unable to 14 accept placement of the child in the state training school, 15 or other facility, provided that the child is at least twelve 16 years of age and the court finds the placement to be in the best 17 interests of the child or necessary for the protection of the 18 public, and that the child has been found to have committed an 19 act which is a forcible felony, as defined in section 702.11 , 20 or a felony violation of section 124.401 or chapter 707 , or the 21 court finds any three of the following conditions exist: 22 DIVISION XXIV 23 DISTRIBUTION OF FEDERAL FUNDS —— RESTRICTIONS —— ABORTION 24 Sec. 99. DISTRIBUTION OF FEDERAL PUBLIC HEALTH SERVICES ACT 25 FUNDS FOR FAMILY PLANNING. 26 1. The department of public health shall annually apply 27 to the United States department of health and human services 28 for grant funding under Tit. X of the federal Public Health 29 Services Act, 42 U.S.C. §300 et seq. The department shall 30 distribute all grant funding received to applicants in the 31 following order of priority: 32 a. Public entities that provide family planning services 33 including state, county, or local community health clinics, 34 federally qualified health centers, and community action 35 -98- H1322.2507 (4) 88 pf/rn 98/ 113
organizations. 1 b. Nonpublic entities that, in addition to family planning 2 services, provide required primary health services as described 3 in 42 U.S.C. §254b(b)(1)(A). 4 c. Nonpublic entities that provide family planning 5 services but do not provide required primary health services as 6 described in 42 U.S.C. §254b(b)(1)(A). 7 2. Distribution of funds under this section shall be made in 8 a manner that continues access to family planning services. 9 3. a. (1) Distribution of funds under this section shall 10 not be made to any entity that performs abortions, promotes 11 abortions, maintains or operates a facility where abortions are 12 performed or promoted, contracts or subcontracts with an entity 13 that performs or promotes abortions, becomes or continues to be 14 an affiliate of any entity that performs or promotes abortions, 15 or regularly makes referrals to an entity that provides or 16 promotes abortions or maintains or operates a facility where 17 abortions are performed. However, the prohibition specified 18 in this subparagraph (1) shall not be interpreted to include 19 a nonpublic entity that is a distinct location of a nonprofit 20 health care delivery system, if the distinct location provides 21 family planning services but does not perform abortions 22 or maintain or operate as a facility where abortions are 23 performed. 24 (2) The department of public health shall adopt rules 25 pursuant to chapter 17A to require that as a condition of 26 eligibility as an applicant under this section, each distinct 27 location of a nonprofit health care delivery system shall be 28 assigned a distinct provider identification number and complete 29 an attestation that abortions are not performed at the distinct 30 location. 31 b. For the purposes of this section, “nonprofit health 32 care delivery system” means an Iowa nonprofit corporation 33 that controls, directly or indirectly, a regional health 34 care network consisting of hospital facilities and various 35 -99- H1322.2507 (4) 88 pf/rn 99/ 113
ambulatory and clinic locations that provide a range of 1 primary, secondary, and tertiary inpatient, outpatient, and 2 physician services. 3 c. For the purposes of this section, “abortion” does not 4 include any of the following: 5 (1) The treatment of a woman for a physical disorder, 6 physical injury, or physical illness, including a 7 life-endangering physical condition caused by or arising from 8 the pregnancy itself, that would, as certified by a physician, 9 place the woman in danger of death. 10 (2) The treatment of a woman for a spontaneous abortion, 11 commonly known as a miscarriage, when not all of the products 12 of human conception are expelled. 13 4. Funds distributed in accordance with this section shall 14 not be used for direct or indirect costs, including but not 15 limited to administrative costs or expenses, overhead, employee 16 salaries, rent, and telephone and other utility costs, related 17 to providing or promoting abortions as specified in this 18 section. 19 5. The department of public health shall submit a report to 20 the governor and the general assembly, annually by January 1, 21 listing any entities that received funds pursuant to subsection 22 1, paragraph “c”, and the amount and type of funds received by 23 such entities during the preceding calendar year. The report 24 shall provide a detailed explanation of how the department 25 determined that distribution of funds to such an entity, 26 instead of to an entity described in subsection 1, paragraph 27 “a” or “b”, was necessary to prevent severe limitation or 28 elimination of access to family planning services in the region 29 of the state where the entity is located. 30 Sec. 100. ADMINISTRATION OF PERSONAL RESPONSIBILITY 31 EDUCATION PROGRAM AND SEXUAL RISK AVOIDANCE EDUCATION GRANT 32 PROGRAM FUNDS. 33 1. Any contract entered into on or after July 1, 2019, by 34 the department of public health to administer the personal 35 -100- H1322.2507 (4) 88 pf/rn 100/ 113
responsibility education program as specified in 42 U.S.C. 1 §713 or to administer the sexual risk avoidance education 2 grant program authorized pursuant to section 510 of Tit. 3 V of the federal Social Security Act, 42 U.S.C. §710, as 4 amended by section 50502 of the federal Bipartisan Budget 5 Act of 2018, Pub. L. No. 115-123, and as further amended by 6 division S, Title VII, section 701 of the federal Consolidated 7 Appropriations Act of 2018, Pub. L. No. 115-141, shall exclude 8 as an eligible applicant, any applicant entity that performs 9 abortions, promotes abortions, maintains or operates a 10 facility where abortions are performed or promoted, contracts 11 or subcontracts with an entity that performs or promotes 12 abortions, becomes or continues to be an affiliate of any 13 entity that performs or promotes abortions, or regularly makes 14 referrals to an entity that provides or promotes abortions or 15 maintains or operates a facility where abortions are performed. 16 However, the prohibition specified in this section shall not be 17 interpreted to include a nonpublic entity that is a distinct 18 location of a nonprofit health care delivery system, if the 19 distinct location provides personal responsibility education 20 program or sexual risk avoidance education grant program 21 services but does not perform abortions or maintain or operate 22 as a facility where abortions are performed. 23 2. The department of public health shall adopt rules 24 pursuant to chapter 17A to require that as a condition of 25 eligibility as an applicant, grantee, grantee contractor, 26 or grantee subcontractor under the personal responsibility 27 education program or sexual risk avoidance education grant 28 program, each distinct location of a nonprofit health care 29 delivery system shall be assigned a distinct identification 30 number and complete an attestation that abortions are not 31 performed at the distinct location. 32 3. For the purposes of this section, “nonprofit health 33 care delivery system” means an Iowa nonprofit corporation 34 that controls, directly or indirectly, a regional health 35 -101- H1322.2507 (4) 88 pf/rn 101/ 113
care network consisting of hospital facilities and various 1 ambulatory and clinic locations that provide a range of 2 primary, secondary, and tertiary inpatient, outpatient, and 3 physician services. 4 4. For the purposes of this section, “abortion” does not 5 include any of the following: 6 a. The treatment of a woman for a physical disorder, 7 physical injury, or physical illness, including a 8 life-endangering physical condition caused by or arising from 9 the pregnancy itself, that would, as certified by a physician, 10 place the woman in danger of death. 11 b. The treatment of a woman for a spontaneous abortion, 12 commonly known as a miscarriage, when not all of the products 13 of human conception are expelled. 14 Sec. 101. AWARD OF COMMUNITY ADOLESCENT PREGNANCY 15 PREVENTION AND SERVICES PROGRAM GRANT FUNDS. 16 1. Any contract entered into on or after July 1, 2019, 17 by the department of human services to award a community 18 adolescent pregnancy prevention and services program grant 19 using federal temporary assistance for needy families block 20 grant funds appropriated to the department shall exclude 21 from eligibility any applicant, grantee, grantee contractor, 22 or grantee subcontractor that performs abortions, promotes 23 abortions, maintains or operates a facility where abortions are 24 performed or promoted, contracts or subcontracts with an entity 25 that performs or promotes abortions, becomes or continues to be 26 an affiliate of any entity that performs or promotes abortions, 27 or regularly makes referrals to an entity that provides or 28 promotes abortions or maintains or operates a facility where 29 abortions are performed. 30 2. The eligibility exclusion specified in subsection 1 31 shall not be interpreted to include a nonpublic entity that 32 is a distinct location of a nonprofit health care delivery 33 system, if the distinct location provides community adolescent 34 pregnancy prevention program services but does not perform 35 -102- H1322.2507 (4) 88 pf/rn 102/ 113
abortions or maintain or operate as a facility where abortions 1 are performed. 2 3. The department of human services shall adopt rules 3 pursuant to chapter 17A to require that as a condition of 4 eligibility as an applicant, grantee, grantee contractor, 5 or grantee subcontractor under the adolescent pregnancy 6 prevention and services program, each distinct location of 7 a nonprofit health care delivery system shall be assigned a 8 distinct identification number and complete an attestation that 9 abortions are not performed at the distinct location. 10 4. For the purposes of this section, “nonprofit health 11 care delivery system” means an Iowa nonprofit corporation 12 that controls, directly or indirectly, a regional health 13 care network consisting of hospital facilities and various 14 ambulatory and clinic locations that provide a range of 15 primary, secondary, and tertiary inpatient, outpatient, and 16 physician services. 17 5. For the purposes of this section, “abortion” does not 18 include any of the following: 19 a. The treatment of a woman for a physical disorder, 20 physical injury, or physical illness, including a 21 life-endangering physical condition caused by or arising from 22 the pregnancy itself, that would, as certified by a physician, 23 place the woman in danger of death. 24 b. The treatment of a woman for a spontaneous abortion, 25 commonly known as a miscarriage, when not all of the products 26 of human conception are expelled. 27 Sec. 102. SEVERABILITY. If any provision of this division 28 of this Act or the application of this division of this Act to 29 any person or circumstances is held invalid, the invalidity 30 shall not affect other provisions or applications of this 31 division of this Act which can be given effect without the 32 invalid provisions or application and, to this end, the 33 provisions of this division of this Act are severable. 34 Sec. 103. EFFECTIVE DATE. This division of this Act, being 35 -103- H1322.2507 (4) 88 pf/rn 103/ 113
deemed of immediate importance, takes effect upon enactment. 1 DIVISION XXV 2 NON-STATE GOVERNMENT-OWNED NURSING FACILITY QUALITY OF CARE 3 RATE ADD-ON PROGRAM 4 Sec. 104. Section 249L.2, subsections 7 and 8, Code 2019, 5 are amended to read as follows: 6 7. “Non-state government-owned nursing facility” means a 7 nursing facility that is owned or operated by a non-state 8 governmental entity and for which a non-state governmental 9 entity holds the nursing facility’s license and is party to the 10 nursing facility’s Medicaid contract. 11 8. “Nursing facility” means a licensed nursing facility as 12 defined in section 135C.1 that is a freestanding facility or 13 a nursing facility operated by a hospital licensed pursuant 14 to chapter 135B , but does not include a distinct-part skilled 15 nursing unit or a swing-bed unit operated by a hospital, or 16 a nursing facility owned by the state or federal government 17 or other governmental unit. “Nursing facility” includes a 18 non-state government-owned nursing facility if the nursing 19 facility participates in the non-state government-owned nursing 20 facility upper payment limit alternative payment quality of 21 care rate add-on program. 22 Sec. 105. NON-STATE GOVERNMENT-OWNED NURSING FACILITY 23 QUALITY OF CARE RATE ADD-ON PROGRAM. 24 1. As used in this section, unless the context otherwise 25 requires: 26 a. “Department” means the department of human services. 27 b. “Intergovernmental transfer” means a transfer of 28 state share funds from a non-state governmental entity to the 29 department of human services. 30 c. “Non-state governmental entity” or “NSGE” means a 31 hospital authority, hospital district, health care district, 32 city, or county. 33 d. “Non-state government-owned nursing facility” or “NSGO 34 nursing facility” means a nursing facility that is owned or 35 -104- H1322.2507 (4) 88 pf/rn 104/ 113
operated by a non-state governmental entity and for which a 1 non-state governmental entity holds the nursing facility’s 2 license and is party to the nursing facility’s Medicaid 3 contract. 4 e. “Program” means the non-state government-owned nursing 5 facility quality of care rate add-on program described in this 6 section. 7 f. “Quality of care rate add-on calculation period” means 8 the fiscal year for which quality of care rate add-on amounts 9 are calculated based on adjudicated claims for days of service 10 provided. 11 g. “Upper payment limit” means a reasonable estimate of 12 the amount that would be paid for the services furnished by a 13 facility under Medicare payment principles. 14 2. The department of human services shall submit to the 15 centers for Medicare and Medicaid services of the United States 16 department of health and human services (CMS), a Medicaid state 17 plan amendment to allow a qualifying NSGE to receive a quality 18 of care rate add-on in accordance with the upper payment limit 19 requirements pursuant to 42 C.F.R. §447.272 and managed care 20 requirements pursuant to 42 C.F.R. §438.6. 21 3. The Medicaid state plan amendment submitted shall 22 provide for all of the following: 23 a. Purpose. The NSGO nursing facility quality of care rate 24 add-on shall be made to a qualified NSGE to promote, maintain, 25 and improve resident quality of care and health outcomes. 26 b. Non-state government-owned nursing facility 27 qualifications. An NSGO nursing facility shall qualify for 28 participation in the program if all of the following conditions 29 are met: 30 (1) The NSGE for the NSGO nursing facility has executed a 31 participation agreement with the department. 32 (2) The NSGE for the NSGO nursing facility has provided 33 proof that the entity holds the NSGO nursing facility’s license 34 and has complete operational responsibility for the NSGO 35 -105- H1322.2507 (4) 88 pf/rn 105/ 113
nursing facility. 1 (3) The NSGE for the NSGO nursing facility has filed a 2 certification of eligibility application for the quality of 3 care rate add-on program with the department and has received 4 approval from the department for participation in the program. 5 (4) The NSGO nursing facility is an active participant 6 in established Medicaid managed care value-based purchasing 7 programs and initiatives in the state. 8 (5) The NSGO nursing facility and the NSGE for the 9 NSGO nursing facility are in compliance with care criteria 10 requirements. 11 c. NSGE participation requirements. An NSGE shall qualify 12 for participation in the program if all of the following 13 conditions are met: 14 (1) The NSGE has executed a nursing facility provider 15 contract with an NSGO nursing facility. 16 (2) The NSGE has provided, and identified the source of, 17 state share dollars for the intergovernmental transfer. 18 (3) The NSGE has provided proof of ownership, if applicable, 19 as the licensed operator of the NSGO nursing facility. 20 (4) The NSGE has provided, to the department, an executed 21 management agreement between the NSGE and the NSGO nursing 22 facility manager. 23 d. Care criteria requirements. A participating NSGO 24 nursing facility shall comply with all of the following care 25 criteria quality metrics, shall adhere to all of the following 26 performance measures to improve the quality of care delivered 27 to residents and to improve efficiency and care avoidance costs 28 for the overall Medicaid program, and shall do all of the 29 following: 30 (1) Develop a written action plan that includes 31 satisfaction survey results, an analysis of the satisfaction 32 survey results with identification of areas in need of 33 improvement, and a process for addressing areas in need of 34 improvement. 35 -106- H1322.2507 (4) 88 pf/rn 106/ 113
(2) Develop and implement, within six months of 1 commencement of participation in the program, a written plan 2 for the mitigation of unnecessary inpatient admissions within 3 30 days of a nursing facility discharge. The written plan 4 shall include or address all of the following: 5 (a) The inpatient admission management tool which 6 identifies those residents at high risk for the potential 7 return to acute care. 8 (b) The tools to support effective communications. 9 (c) Advance directive planning and implementation. 10 (d) Application of a quality assurance and program 11 integrity methodology to provide a root cause analysis and 12 identify teaching needs. 13 (3) Develop and implement a written plan providing for a 14 proactive pneumonia and influenza vaccination program which 15 shall improve vaccination scores above the national average, 16 as measured using CMS quality metrics. The written plan shall 17 include all of the following: 18 (a) The latest available three-quarter average of both the 19 CMS measure for the percent of long-stay residents assessed and 20 appropriately given the seasonal influenza vaccine and of the 21 CMS measure for the percentage of long-stay residents assessed 22 and appropriately given the pneumococcal vaccine, to establish 23 a baseline. 24 (b) The current measure code score for the CMS measures 25 described in subparagraph division (a). 26 (c) A written plan for an influenza and pneumonia 27 vaccination program to address new admissions and current 28 residents. 29 (4) Elevate healthy aging in the state by implementing 30 a plan that accomplishes at least one of the following 31 strategies: 32 (a) Prevention and reduction of falls. 33 (b) Improved nutrition. 34 (c) Increased physical activity. 35 -107- H1322.2507 (4) 88 pf/rn 107/ 113
(d) Reduction in the incidence of depression. 1 (5) Demonstrate improvement above the facility-specific 2 baseline in the CMS five-star quality measures composite 3 scoring. Metrics shall be determined based upon the CMS 4 nursing home compare composite score over the preceding 5 twelve-month period. 6 (a) A participating NSGO nursing facility shall provide the 7 most recent three-quarter average of the CMS quality measure 8 star rating to establish a baseline. 9 (b) A participating NSGO nursing facility shall have a star 10 rating of three or better or must demonstrate improvement over 11 the previous quarter with no two quarters below three stars to 12 participate in the program. 13 (c) A participating NSGO nursing facility with a quality 14 measure star rating of three or better for the most recent 15 quarter or that demonstrates improvement in composite scoring 16 with no two quarters consistently below a three-star rating, 17 shall be deemed to have met the care criteria. 18 e. Quality of care rate add-on. 19 (1) The nursing facility quality of care rate add-on 20 provided to a participating NSGE under the program shall not 21 exceed Medicare payment principles pursuant to 42 C.F.R. 22 §447.272 and shall be calculated pursuant to 42 C.F.R. §438.6. 23 The quality of care rate add-on shall be calculated and paid 24 as follows: 25 (a) The methodology utilized to calculate the upper 26 payment limit shall be based on the data available during the 27 calculation period. 28 (b) The eligible amount used in determining the quality 29 of care rate add-on shall be the difference between the state 30 Medicaid payment and the Medicare upper payment limit as 31 determined, based on compliance with the care criteria metrics, 32 on an annual basis. 33 (c) The difference calculated under subparagraph division 34 (b) shall be divided by total patient days as determined under 35 -108- H1322.2507 (4) 88 pf/rn 108/ 113
subparagraph division (b). 1 (d) The quality of care rate add-on shall be paid 2 prospectively. 3 (2) The amount of the quality of care rate add-on shall 4 be associated with improvement in care of Medicaid nursing 5 facility residents in the state as demonstrated through the 6 specified care criteria. A participating NSGE shall receive 7 payment under the program based on earned percentages related 8 to the care criteria. A participating NSGE shall meet or 9 exceed at least two of the five established care criteria 10 metrics to be eligible for the rate add-on payment for each 11 quarter. After at least two of the five metrics have been met, 12 the participating NSGE shall be eligible for seventy percent 13 of the total eligible quality of care rate add-on amount for a 14 participating NSGO nursing facility. The participating NSGE 15 may qualify for the remaining thirty percent of the total 16 eligible quality of care rate add-on amount, by attribution 17 in ten percent increments, for each additional care criterion 18 that is met up to the full one hundred percent of the eligible 19 quality of care rate add-on amount. 20 f. Change of ownership. 21 (1) A participating NSGO nursing facility shall notify 22 the department of any change of ownership that may affect the 23 participating NSGO nursing facility’s continued eligibility for 24 the program, within thirty days after such change. 25 (2) If a participating NSGO nursing facility changes 26 ownership on or after the first day of the quality of care 27 rate add-on calculation period, the data used for calculations 28 shall include data from the participating NSGO nursing facility 29 for the entire quality of care rate add-on calculation period 30 relating to payments for days of service provided under the 31 prior owner, prorated to reflect only the number of calendar 32 days during the calculation period that the participating NSGO 33 nursing facility is owned by the new owner. 34 g. Payment to participating NSGO nursing facilities. A 35 -109- H1322.2507 (4) 88 pf/rn 109/ 113
participating NSGO nursing facility shall secure allowable 1 intergovernmental transfer funds from a participating NSGE 2 to provide the state share amount. The process for the 3 intergovernmental transfer shall comply with the following: 4 (1) The department, or the department’s designee, shall 5 notify the participating NSGE of the state share amount to be 6 transferred in the form of an intergovernmental transfer for 7 purposes of seeking federal financial participation for the 8 rate add-on payment, within twenty-five business days after 9 the end of a quarter. The amount shall reflect the percentage 10 of metrics achieved under the care criteria requirement. The 11 participating NSGE shall have five business days from the 12 date of receipt of the departmental notification to sign the 13 participation agreement and remit payment of the state share 14 amount in the form of an intergovernmental transfer to the 15 department or the department’s designee. 16 (2) If the total intergovernmental transfer amount is 17 received by the department or the department’s designee within 18 the five business days as specified, the quality of care rate 19 add-on shall be included in the current quarter per diem rate 20 calculation for the participating NSGO nursing facility. 21 h. Penalties and adjustments. Failure by a participating 22 NSGE to remit the full intergovernmental transfer amount or 23 the correct amount as indicated by the department or the 24 department’s designee within the following defined time frames 25 indicates the participating NSGE has voluntarily elected to 26 withdraw from program participation for that current quarter 27 and must reapply for participation in the program in any 28 subsequent quarter. All of the following shall apply when 29 determining the application of penalties and adjustments: 30 (1) The total amount of the intergovernmental transfer 31 must be received from the participating NSGE by the department 32 or the department’s designee within five business days from 33 receipt by the participating NSGE of notification from the 34 department or the department’s designee of the state share 35 -110- H1322.2507 (4) 88 pf/rn 110/ 113
amount. 1 (a) Receipt of the total intergovernmental transfer amount 2 by the department or the department’s designee within five 3 business days is not subject to penalty. 4 (b) The date of receipt of notification of the state 5 share amount by the participating NSGE from the department or 6 the department’s designee is the official reference date in 7 measuring the commencement of the five business days. 8 (2) Any intergovernmental transfer amount received by 9 the department or the department’s designee after the fifth 10 business day as specified, but with a date stamp or mailing 11 postal mark indicating a date on or prior to five business 12 days from the date of notification by the department or the 13 department’s designee of the state share amount, shall not be 14 subject to penalty. 15 (3) (a) Any intergovernmental transfer amount received by 16 the department or the department’s designee after the fifth 17 business day as specified, but with a date stamp or postal mark 18 indicating a date after five business days but not exceeding 19 eight business days from the date of notification by the 20 department or the department’s designee of the state share 21 amount, shall be deemed late and the participating NSGE shall 22 receive the quality of care rate add-on, including an assessed 23 penalty of five percent, based on the total intergovernmental 24 transfer payments received during the late period. The five 25 percent penalty shall be applied to the quality of care rate 26 add-on for the quarter in which the intergovernmental transfer 27 amount is late. 28 (b) The department shall notify the participating NSGE of 29 the assessed penalty in writing. If the participating NSGE 30 fails to pay the department or the department’s designee the 31 assessed penalty within the time frame noted on the written 32 notice to the participating NSGE, the assessed penalty shall be 33 deducted in accordance with the state Medicaid fee-for-service 34 recoupment process. The penalty shall be paid regardless 35 -111- H1322.2507 (4) 88 pf/rn 111/ 113
of any appeal requested by the participating NSGE. If an 1 appeal results in a decision to disallow a portion of or the 2 entire assessed penalty, reimbursement to the participating 3 NSGE shall be made as part of future Medicaid payments to the 4 participating NSGO nursing facility. 5 (4) If a participating NSGO nursing facility fails to 6 achieve, at a minimum, two of the required care criteria 7 metrics for two consecutive quarters, the participating NSGO 8 nursing facility shall be suspended from participation in the 9 program for two subsequent quarters. An NSGO nursing facility 10 that has been suspended for a total of four quarters within a 11 two-year period due to noncompliance with the required care 12 criteria shall be terminated from the program, and shall be 13 required to reapply for approval to participate at a subsequent 14 time. Readmittance into the program is at the sole discretion 15 of the department, taking into consideration input from 16 stakeholders. If the NSGO nursing facility is subsequently 17 readmitted to the program, terms of participation may include a 18 probationary period with defined requirements related to care. 19 4. The quality of care rate add-on shall only be implemented 20 upon receipt by the department of approval of the Medicaid 21 state plan amendment by CMS, and if such approval is received, 22 the rate add-on is applicable no earlier than the first day 23 of the calendar quarter following the date of receipt of such 24 approval. 25 Sec. 106. REPEAL. 2016 Iowa Acts, chapter 1139, sections 26 80, 81, 82, 83, and 84, are repealed. 27 Sec. 107. REPEAL. 2017 Iowa Acts, chapter 174, sections 28 113, 114, 115, and 116, are repealed. 29 Sec. 108. EFFECTIVE UPON ENACTMENT. This division of this 30 Act, being deemed of immediate importance, takes effect upon 31 enactment. 32 Sec. 109. IMPLEMENTATION PROVISIONS. 33 1. The section of this division of this Act directing the 34 department of human services to submit a Medicaid state plan 35 -112- H1322.2507 (4) 88 pf/rn 112/ 113
amendment to CMS shall be implemented as soon as possible 1 following enactment, consistent with all applicable federal 2 requirements. 3 2. The section of this division of this Act amending 4 section 249L.2, shall only be implemented upon receipt by 5 the department of human services of approval of the Medicaid 6 state plan amendment by CMS, and if such approval is received, 7 is applicable no earlier than the first day of the calendar 8 quarter following the date of receipt of such approval. 9 DIVISION XXVI 10 PREPARATION FOR ADULT LIVING PROGRAM 11 Sec. 110. Section 234.46, subsection 1, paragraph b, Code 12 2019, is amended to read as follows: 13 b. The person is age eighteen, nineteen, or twenty , 14 twenty-one, or twenty-two . >> 15 ______________________________ FRY of Clarke -113- H1322.2507 (4) 88 pf/rn 113/ 113