House File 766 H-1324 Amend the amendment, H-1323, to the Senate amendment, 1 H-1322, to House File 766, as amended, passed, and reprinted by 2 the House, as follows: 3 1. By striking page 1, line 1, through page 113, line 15, 4 and inserting: 5 < Amend the Senate amendment, H-1322, to House File 766, as 6 amended, passed, and reprinted by the House, as follows: 7 1. By striking page 1, line 1, through page 113, line 5, and 8 inserting: 9 < Amend House File 766, as amended, passed, and reprinted by 10 the House, as follows: 11 1. By striking everything after the enacting clause and 12 inserting: 13 < DIVISION I 14 DEPARTMENT ON AGING —— FY 2019-2020 15 Section 1. DEPARTMENT ON AGING. There is appropriated from 16 the general fund of the state to the department on aging for 17 the fiscal year beginning July 1, 2019, and ending June 30, 18 2020, the following amount, or so much thereof as is necessary, 19 to be used for the purposes designated: 20 For aging programs for the department on aging and area 21 agencies on aging to provide citizens of Iowa who are 60 years 22 of age and older with case management for frail elders, Iowa’s 23 aging and disabilities resource center, and other services 24 which may include but are not limited to adult day services, 25 respite care, chore services, information and assistance, 26 and material aid, for information and options counseling for 27 persons with disabilities who are 18 years of age or older, 28 and for salaries, support, administration, maintenance, and 29 miscellaneous purposes, and for not more than the following 30 full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,191,441 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 33 1. Funds appropriated in this section may be used to 34 supplement federal funds under federal regulations. To 35 -1- H1323.2512 (4) 88 pf/rn 1/ 119 #1.
receive funds appropriated in this section, a local area 1 agency on aging shall match the funds with moneys from other 2 sources according to rules adopted by the department. Funds 3 appropriated in this section may be used for elderly services 4 not specifically enumerated in this section only if approved 5 by an area agency on aging for provision of the service within 6 the area. 7 2. Of the funds appropriated in this section, $279,000 is 8 transferred to the economic development authority for the Iowa 9 commission on volunteer services to be used for the retired and 10 senior volunteer program. 11 3. a. The department on aging shall establish and enforce 12 procedures relating to expenditure of state and federal funds 13 by area agencies on aging that require compliance with both 14 state and federal laws, rules, and regulations, including but 15 not limited to all of the following: 16 (1) Requiring that expenditures are incurred only for goods 17 or services received or performed prior to the end of the 18 fiscal period designated for use of the funds. 19 (2) Prohibiting prepayment for goods or services not 20 received or performed prior to the end of the fiscal period 21 designated for use of the funds. 22 (3) Prohibiting prepayment for goods or services not 23 defined specifically by good or service, time period, or 24 recipient. 25 (4) Prohibiting the establishment of accounts from which 26 future goods or services which are not defined specifically by 27 good or service, time period, or recipient, may be purchased. 28 b. The procedures shall provide that if any funds are 29 expended in a manner that is not in compliance with the 30 procedures and applicable federal and state laws, rules, and 31 regulations, and are subsequently subject to repayment, the 32 area agency on aging expending such funds in contravention of 33 such procedures, laws, rules and regulations, not the state, 34 shall be liable for such repayment. 35 -2- H1323.2512 (4) 88 pf/rn 2/ 119
4. Of the funds appropriated in this section, at least 1 $600,000 shall be used to fund home and community-based 2 services through the area agencies on aging that enable older 3 individuals to avoid more costly utilization of residential or 4 institutional services and remain in their own homes. 5 5. Of the funds appropriated in this section, $812,000 shall 6 be used for the purposes of chapter 231E and to administer 7 the prevention of elder abuse, neglect, and exploitation 8 program pursuant to section 231.56A , in accordance with the 9 requirements of the federal Older Americans Act of 1965, 42 10 U.S.C. §3001 et seq., as amended. 11 6. Of the funds appropriated in this section, $1,000,000 12 shall be used to fund continuation of the aging and disability 13 resource center lifelong links to provide individuals and 14 caregivers with information and services to plan for and 15 maintain independence. 16 7. Of the funds appropriated in this section, $250,000 17 shall be used by the department on aging, in collaboration with 18 the department of human services and affected stakeholders, to 19 expand the pilot initiative to provide long-term care options 20 counseling utilizing support planning protocols, to assist 21 non-Medicaid eligible consumers who indicate a preference 22 to return to the community and are deemed appropriate for 23 discharge, to return to their community following a nursing 24 facility stay. The department on aging shall submit a report 25 regarding the outcomes of the pilot initiative to the governor 26 and the general assembly by December 15, 2019. 27 DIVISION II 28 OFFICE OF LONG-TERM CARE OMBUDSMAN —— FY 2019-2020 29 Sec. 2. OFFICE OF LONG-TERM CARE OMBUDSMAN. There is 30 appropriated from the general fund of the state to the office 31 of long-term care ombudsman for the fiscal year beginning July 32 1, 2019, and ending June 30, 2020, the following amount, or 33 so much thereof as is necessary, to be used for the purposes 34 designated: 35 -3- H1323.2512 (4) 88 pf/rn 3/ 119
For salaries, support, administration, maintenance, and 1 miscellaneous purposes, and for not more than the following 2 full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,149,821 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.00 5 DIVISION III 6 DEPARTMENT OF PUBLIC HEALTH —— FY 2019-2020 7 Sec. 3. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 8 from the general fund of the state to the department of public 9 health for the fiscal year beginning July 1, 2019, and ending 10 June 30, 2020, the following amounts, or so much thereof as is 11 necessary, to be used for the purposes designated: 12 1. ADDICTIVE DISORDERS 13 For reducing the prevalence of the use of tobacco, alcohol, 14 and other drugs, and treating individuals affected by addictive 15 behaviors, including gambling, and for not more than the 16 following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,110,000 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 19 a. (1) Of the funds appropriated in this subsection, 20 $4,021,000 shall be used for the tobacco use prevention 21 and control initiative, including efforts at the state and 22 local levels, as provided in chapter 142A . The commission 23 on tobacco use prevention and control established pursuant 24 to section 142A.3 shall advise the director of public health 25 in prioritizing funding needs and the allocation of moneys 26 appropriated for the programs and initiatives. Activities 27 of the programs and initiatives shall be in alignment with 28 the United States centers for disease control and prevention 29 best practices for comprehensive tobacco control programs that 30 include the goals of preventing youth initiation of tobacco 31 usage, reducing exposure to secondhand smoke, and promotion 32 of tobacco cessation. To maximize resources, the department 33 shall determine if third-party sources are available to 34 instead provide nicotine replacement products to an applicant 35 -4- H1323.2512 (4) 88 pf/rn 4/ 119
prior to provision of such products to an applicant under 1 the initiative. The department shall track and report to 2 the individuals specified in this Act, any reduction in 3 the provision of nicotine replacement products realized by 4 the initiative through implementation of the prerequisite 5 screening. 6 (2) (a) The department shall collaborate with the 7 alcoholic beverages division of the department of commerce for 8 enforcement of tobacco laws, regulations, and ordinances and to 9 engage in tobacco control activities approved by the division 10 of tobacco use prevention and control of the department of 11 public health as specified in the memorandum of understanding 12 entered into between the divisions. 13 (b) For the fiscal year beginning July 1, 2019, and ending 14 June 30, 2020, the terms of the memorandum of understanding, 15 entered into between the division of tobacco use prevention 16 and control of the department of public health and the 17 alcoholic beverages division of the department of commerce, 18 governing compliance checks conducted to ensure licensed retail 19 tobacco outlet conformity with tobacco laws, regulations, and 20 ordinances relating to persons under 18 years of age, shall 21 continue to restrict the number of such checks to one check per 22 retail outlet, and one additional check for any retail outlet 23 found to be in violation during the first check. 24 b. (1) Of the funds appropriated in this subsection, 25 $21,089,000 shall be used for problem gambling and 26 substance-related disorder prevention, treatment, and recovery 27 services, including a 24-hour helpline, public information 28 resources, professional training, youth prevention, and program 29 evaluation. 30 (2) Of the amount allocated under this paragraph, $306,000 31 shall be utilized by the department of public health, in 32 collaboration with the department of human services, to support 33 establishment and maintenance of a single statewide 24-hour 34 crisis hotline for the Iowa children’s behavioral health system 35 -5- H1323.2512 (4) 88 pf/rn 5/ 119
that incorporates warmline services which may be provided 1 through expansion of existing capabilities maintained by the 2 department of public health as required pursuant to 2018 Iowa 3 Acts, chapter 1056, section 16. 4 c. The requirement of section 123.17, subsection 5 , is met 5 by the appropriations and allocations made in this division of 6 this Act for purposes of substance-related disorder treatment 7 and addictive disorders for the fiscal year beginning July 1, 8 2019. 9 2. HEALTHY CHILDREN AND FAMILIES 10 For promoting the optimum health status for children and 11 adolescents from birth through 21 years of age, and families, 12 and for not more than the following full-time equivalent 13 positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,817,057 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 16 a. Of the funds appropriated in this subsection, not more 17 than $734,000 shall be used for the healthy opportunities for 18 parents to experience success (HOPES)-healthy families Iowa 19 (HFI) program established pursuant to section 135.106. The 20 funding shall be distributed to renew the grants that were 21 provided to the grantees that operated the program during the 22 fiscal year ending June 30, 2018. However, the department 23 shall issue a request for proposals and distribute grants to 24 the grantees selected to operate the program no later than 25 January 1, 2020. The department shall not retain any portion 26 of the allocation under this paragraph for administrative 27 costs. 28 b. In order to implement the legislative intent stated 29 in sections 135.106 and 256I.9 , priority for home visitation 30 program funding shall be given to programs using evidence-based 31 or promising models for home visitation. 32 c. Of the funds appropriated in this subsection, $3,075,000 33 shall be used for continuation of the department’s initiative 34 to provide for adequate developmental surveillance and 35 -6- H1323.2512 (4) 88 pf/rn 6/ 119
screening during a child’s first five years. The funds shall 1 be used first to fully fund the current sites to ensure that 2 the sites are fully operational, with the remaining funds 3 to be used for expansion to additional sites. The full 4 implementation and expansion shall include enhancing the scope 5 of the initiative through collaboration with the child health 6 specialty clinics to promote healthy child development through 7 early identification and response to both biomedical and social 8 determinants of healthy development; by monitoring child 9 health metrics to inform practice, document long-term health 10 impacts and savings, and provide for continuous improvement 11 through training, education, and evaluation; and by providing 12 for practitioner consultation particularly for children with 13 behavioral conditions and needs. The department of public 14 health shall also collaborate with the Iowa Medicaid enterprise 15 and the child health specialty clinics to integrate the 16 activities of the first five initiative into the establishment 17 of patient-centered medical homes, community utilities, 18 accountable care organizations, and other integrated care 19 models developed to improve health quality and population 20 health while reducing health care costs. To the maximum extent 21 possible, funding allocated in this paragraph shall be utilized 22 as matching funds for medical assistance program reimbursement. 23 d. Of the funds appropriated in this subsection, $64,000 24 shall be distributed to a statewide dental carrier to provide 25 funds to continue the donated dental services program patterned 26 after the projects developed by the dental lifeline network to 27 provide dental services to indigent individuals who are elderly 28 or with disabilities. 29 e. Of the funds appropriated in this subsection, $156,000 30 shall be used to provide audiological services and hearing aids 31 for children. 32 f. Of the funds appropriated in this subsection, $23,000 is 33 transferred to the university of Iowa college of dentistry for 34 provision of primary dental services to children. State funds 35 -7- H1323.2512 (4) 88 pf/rn 7/ 119
shall be matched on a dollar-for-dollar basis. The university 1 of Iowa college of dentistry shall coordinate efforts with the 2 department of public health, oral and health delivery system 3 bureau, to provide dental care to underserved populations 4 throughout the state. 5 g. Of the funds appropriated in this subsection, $50,000 6 shall be used to address youth suicide prevention. 7 h. Of the funds appropriated in this subsection, $40,000 8 shall be used to support the Iowa effort to address the survey 9 of children who experience adverse childhood experiences known 10 as ACEs. 11 i. Of the funds appropriated in this subsection, up to 12 $494,000 shall be used for childhood obesity prevention. 13 3. CHRONIC CONDITIONS 14 For serving individuals identified as having chronic 15 conditions or special health care needs, and for not more than 16 the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,223,519 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.00 19 a. Of the funds appropriated in this subsection, $153,000 20 shall be used for grants to individual patients who have an 21 inherited metabolic disorder to assist with the costs of 22 medically necessary foods and formula. 23 b. Of the funds appropriated in this subsection, $1,055,000 24 shall be used for the brain injury services program pursuant 25 to section 135.22B, including $861,000 for contracting with an 26 existing nationally affiliated and statewide organization whose 27 purpose is to educate, serve, and support Iowans with brain 28 injury and their families, for resource facilitator services 29 in accordance with section 135.22B, subsection 9, and for 30 contracting to enhance brain injury training and recruitment 31 of service providers on a statewide basis. Of the amount 32 allocated in this paragraph, $95,000 shall be used to fund 33 1.00 full-time equivalent position to serve as the state brain 34 injury services program manager. 35 -8- H1323.2512 (4) 88 pf/rn 8/ 119
c. Of the funds appropriated in this subsection, $144,000 1 shall be used for the public purpose of continuing to contract 2 with an existing nationally affiliated organization to provide 3 education, client-centered programs, and client and family 4 support for people living with epilepsy and their families. 5 The amount allocated in this paragraph in excess of $50,000 6 shall be matched dollar-for-dollar by the organization 7 specified. Funds allocated under this paragraph shall be 8 distributed in their entirety for the purpose specified on July 9 1, 2019. 10 d. Of the funds appropriated in this subsection, $809,000 11 shall be used for child health specialty clinics. 12 e. Of the funds appropriated in this subsection, $384,000 13 shall be used by the regional autism assistance program 14 established pursuant to section 256.35 , and administered by 15 the child health specialty clinic located at the university of 16 Iowa hospitals and clinics. The funds shall be used to enhance 17 interagency collaboration and coordination of educational, 18 medical, and other human services for persons with autism, 19 their families, and providers of services, including delivering 20 regionalized services of care coordination, family navigation, 21 and integration of services through the statewide system of 22 regional child health specialty clinics and fulfilling other 23 requirements as specified in chapter 225D . The university of 24 Iowa shall not receive funds allocated under this paragraph for 25 indirect costs associated with the regional autism assistance 26 program. 27 f. Of the funds appropriated in this subsection, $577,000 28 shall be used for the comprehensive cancer control program to 29 reduce the burden of cancer in Iowa through prevention, early 30 detection, effective treatment, and ensuring quality of life. 31 Of the funds allocated in this paragraph “f”, $150,000 shall 32 be used to support a melanoma research symposium, a melanoma 33 biorepository and registry, basic and translational melanoma 34 research, and clinical trials. 35 -9- H1323.2512 (4) 88 pf/rn 9/ 119
g. Of the funds appropriated in this subsection, $97,000 1 shall be used for cervical and colon cancer screening, and 2 $177,000 shall be used to enhance the capacity of the cervical 3 cancer screening program to include provision of recommended 4 prevention and early detection measures to a broader range of 5 low-income women. 6 h. Of the funds appropriated in this subsection, $506,000 7 shall be used for the center for congenital and inherited 8 disorders. 9 4. COMMUNITY CAPACITY 10 For strengthening the health care delivery system at the 11 local level, and for not more than the following full-time 12 equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,594,677 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 15 a. Of the funds appropriated in this subsection, $95,000 16 is allocated for continuation of the child vision screening 17 program implemented through the university of Iowa hospitals 18 and clinics in collaboration with early childhood Iowa areas. 19 The program shall submit a report to the department regarding 20 the use of funds allocated under this paragraph “a”. The 21 report shall include the objectives and results for the 22 program year including the target population and how the funds 23 allocated assisted the program in meeting the objectives; the 24 number, age, and location within the state of individuals 25 served; the type of services provided to the individuals 26 served; the distribution of funds based on service provided; 27 and the continuing needs of the program. 28 b. Of the funds appropriated in this subsection, 29 $48,000 shall be used for a grant to a statewide association 30 of psychologists, that is affiliated with the American 31 psychological association, to be used for continuation of a 32 program to rotate intern psychologists in placements in urban 33 and rural mental health professional shortage areas. For the 34 purposes of this paragraph “b”, “mental health professional 35 -10- H1323.2512 (4) 88 pf/rn 10/ 119
shortage area” means a geographic area in this state that has 1 been designated by the United States department of health and 2 human services, health resources and services administration, 3 bureau of health professionals, as having a shortage of mental 4 health professionals. 5 c. Of the funds appropriated in this subsection, the 6 following amounts are allocated to be used as follows 7 to support the goals of increased access, health system 8 integration, and engagement: 9 (1) Not less than $600,000 is allocated to the Iowa 10 prescription drug corporation for continuation of the 11 pharmaceutical infrastructure for safety net providers as 12 described in 2007 Iowa Acts, chapter 218, section 108, and for 13 the prescription drug donation repository program created in 14 chapter 135M. Funds allocated under this subparagraph shall 15 be distributed in their entirety for the purpose specified on 16 July 1, 2019. 17 (2) Not less than $334,000 is allocated to free clinics and 18 free clinics of Iowa for necessary infrastructure, statewide 19 coordination, provider recruitment, service delivery, and 20 provision of assistance to patients in securing a medical home 21 inclusive of oral health care. Funds allocated under this 22 subparagraph shall be distributed in their entirety for the 23 purpose specified on July 1, 2019. 24 (3) Not less than $25,000 is allocated to the Iowa 25 association of rural health clinics for necessary 26 infrastructure and service delivery transformation. Funds 27 allocated under this subparagraph shall be distributed in their 28 entirety for the purpose specified on July 1, 2019. 29 (4) Not less than $225,000 is allocated to the Polk county 30 medical society for continuation of the safety net provider 31 patient access to specialty health care initiative as described 32 in 2007 Iowa Acts, chapter 218, section 109. Funds allocated 33 under this subparagraph shall be distributed in their entirety 34 for the purpose specified on July 1, 2019. 35 -11- H1323.2512 (4) 88 pf/rn 11/ 119
d. Of the funds appropriated in this subsection, $191,000 1 is allocated for the purposes of health care and public health 2 workforce initiatives. 3 e. Of the funds appropriated in this subsection, $96,000 4 shall be used for a matching dental education loan repayment 5 program to be allocated to a dental nonprofit health service 6 corporation to continue to develop the criteria and implement 7 the loan repayment program. 8 f. Of the funds appropriated in this subsection, $100,000 9 shall be used for the purposes of the Iowa donor registry as 10 specified in section 142C.18 . 11 g. Of the funds appropriated in this subsection, $96,000 12 shall be used for continuation of a grant to a nationally 13 affiliated volunteer eye organization that has an established 14 program for children and adults and that is solely dedicated to 15 preserving sight and preventing blindness through education, 16 nationally certified vision screening and training, and 17 community and patient service programs. The contractor shall 18 submit a report to the individuals identified in this Act for 19 submission of reports regarding the use of funds allocated 20 under this paragraph “g”. The report shall include the 21 objectives and results for the program year including the 22 target population and how the funds allocated assisted the 23 program in meeting the objectives; the number, age, grade level 24 if appropriate, and location within the state of individuals 25 served; the type of services provided to the individuals 26 served; the distribution of funds based on services provided; 27 and the continuing needs of the program. 28 h. Of the funds appropriated in this subsection, $2,000,000 29 shall be deposited in the medical residency training account 30 created in section 135.175, subsection 5, paragraph “a”, and 31 is appropriated from the account to the department of public 32 health to be used for the purposes of the medical residency 33 training state matching grants program as specified in section 34 135.176. 35 -12- H1323.2512 (4) 88 pf/rn 12/ 119
i. Of the funds appropriated in this subsection, $250,000 1 shall be used for the public purpose of providing funding to 2 Des Moines university to continue a provider education project 3 to provide primary care physicians with the training and skills 4 necessary to recognize the signs of mental illness in patients. 5 j. Of the funds appropriated in this subsection, $400,000 6 shall be used for rural psychiatric residencies to support the 7 annual creation and training of four psychiatric residents who 8 will provide mental health services in underserved areas of the 9 state. 10 k. Of the funds appropriated in this subsection, $150,000 11 shall be used for psychiatric training to increase access to 12 mental health care services by expanding the mental health 13 workforce via training of additional physician assistants and 14 nurse practitioners. 15 5. ESSENTIAL PUBLIC HEALTH SERVICES 16 To provide public health services that reduce risks and 17 invest in promoting and protecting good health over the 18 course of a lifetime with a priority given to older Iowans and 19 vulnerable populations: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,662,464 21 6. INFECTIOUS DISEASES 22 For reducing the incidence and prevalence of communicable 23 diseases, and for not more than the following full-time 24 equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,796,426 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 27 7. PUBLIC PROTECTION 28 For protecting the health and safety of the public through 29 establishing standards and enforcing regulations, and for not 30 more than the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,093,383 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 142.00 33 a. Of the funds appropriated in this subsection, not more 34 than $304,000 shall be credited to the emergency medical 35 -13- H1323.2512 (4) 88 pf/rn 13/ 119
services fund created in section 135.25 . Moneys in the 1 emergency medical services fund are appropriated to the 2 department to be used for the purposes of the fund. 3 b. Of the funds appropriated in this subsection, up 4 to $243,000 shall be used for sexual violence prevention 5 programming through a statewide organization representing 6 programs serving victims of sexual violence through the 7 department’s sexual violence prevention program, and for 8 continuation of a training program for sexual assault 9 response team (SART) members, including representatives of 10 law enforcement, victim advocates, prosecutors, and certified 11 medical personnel. However, the department shall issue 12 a request for proposals and execute a contract with the 13 contractor selected to provide the programming and training 14 as specified in this paragraph no later than January 1, 2020. 15 The amount allocated in this paragraph “b” shall not be used 16 to supplant funding administered for other sexual violence 17 prevention or victims assistance programs. The department 18 shall not retain any portion of the allocation under this 19 paragraph for administrative costs. 20 c. Of the funds appropriated in this subsection, up to 21 $500,000 shall be used for the state poison control center. 22 Pursuant to the directive under 2014 Iowa Acts, chapter 23 1140, section 102 , the federal matching funds available to 24 the state poison control center from the department of human 25 services under the federal Children’s Health Insurance Program 26 Reauthorization Act allotment shall be subject to the federal 27 administrative cap rule of 10 percent applicable to funding 28 provided under Tit. XXI of the federal Social Security Act and 29 included within the department’s calculations of the cap. 30 d. Of the funds appropriated in this subsection, up to 31 $504,000 shall be used for childhood lead poisoning provisions. 32 8. RESOURCE MANAGEMENT 33 For establishing and sustaining the overall ability of the 34 department to deliver services to the public, and for not more 35 -14- H1323.2512 (4) 88 pf/rn 14/ 119
than the following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 971,215 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 3 9. MISCELLANEOUS PROVISIONS 4 a. The university of Iowa hospitals and clinics under 5 the control of the state board of regents shall not receive 6 indirect costs from the funds appropriated in this section. 7 The university of Iowa hospitals and clinics billings to the 8 department shall be on at least a quarterly basis. 9 b. The department of public health shall collaborate 10 with applicable stakeholders to review the allocations, 11 grants, and other distributions of funds appropriated under 12 this division of this Act and shall submit a report to the 13 individuals identified in this Act for submission of reports by 14 December 15, 2019, regarding a proposal for the distribution 15 of funds that more clearly reflects the department’s stated 16 priorities and goals, provides increased flexibility in the 17 distribution of funds to meet these priorities and goals, and 18 ensures stakeholder accountability and a discernable return on 19 investment. 20 Sec. 4. CONTRACTED SERVICES —— PROHIBITED USE OF GENERAL 21 FUND MONEYS FOR LOBBYING. 22 1. The department shall submit a report to the individuals 23 identified in this Act for submission of reports by January 1, 24 2020, regarding the outcomes of any program or activity for 25 which funding is appropriated or allocated from the general 26 fund of the state to the department under this division of 27 this Act, and for which a request for proposals process is 28 specifically required. 29 2. The department shall incorporate into the general 30 conditions applicable to all award documents involving funding 31 appropriated or allocated from the general fund of the state to 32 the department under this division of this Act, a prohibition 33 against the use of such funding for the compensation of a 34 lobbyist. For the purposes of this section, “lobbyist” means 35 -15- H1323.2512 (4) 88 pf/rn 15/ 119
the same as defined in section 68B.2; however, “lobbyist” 1 does not include a person employed by a state agency of the 2 executive branch of state government who represents the agency 3 relative to the passage, defeat, approval, or modification of 4 legislation that is being considered by the general assembly. 5 DIVISION IV 6 DEPARTMENT OF VETERANS AFFAIRS —— FY 2019-2020 7 Sec. 5. DEPARTMENT OF VETERANS AFFAIRS. There is 8 appropriated from the general fund of the state to the 9 department of veterans affairs for the fiscal year beginning 10 July 1, 2019, and ending June 30, 2020, the following amounts, 11 or so much thereof as is necessary, to be used for the purposes 12 designated: 13 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 14 For salaries, support, maintenance, and miscellaneous 15 purposes, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,225,500 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 19 2. IOWA VETERANS HOME 20 For salaries, support, maintenance, and miscellaneous 21 purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,162,976 23 a. The Iowa veterans home billings involving the department 24 of human services shall be submitted to the department on at 25 least a monthly basis. 26 b. Within available resources and in conformance with 27 associated state and federal program eligibility requirements, 28 the Iowa veterans home may implement measures to provide 29 financial assistance to or on behalf of veterans or their 30 spouses who are participating in the community reentry program. 31 c. The Iowa veterans home expenditure report shall be 32 submitted monthly to the legislative services agency. 33 d. The Iowa veterans home shall continue to include in the 34 annual discharge report applicant information to provide for 35 -16- H1323.2512 (4) 88 pf/rn 16/ 119
the collection of demographic information including but not 1 limited to the number of individuals applying for admission and 2 admitted or denied admittance and the basis for the admission 3 or denial; the age, gender, and race of such individuals; 4 and the level of care for which such individuals applied for 5 admission including residential or nursing level of care. 6 3. HOME OWNERSHIP ASSISTANCE PROGRAM 7 For transfer to the Iowa finance authority for the 8 continuation of the home ownership assistance program for 9 persons who are or were eligible members of the armed forces of 10 the United States, pursuant to section 16.54 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 12 Sec. 6. LIMITATION OF COUNTY COMMISSIONS OF VETERAN AFFAIRS 13 FUND STANDING APPROPRIATIONS. Notwithstanding the standing 14 appropriation in section 35A.16 for the fiscal year beginning 15 July 1, 2019, and ending June 30, 2020, the amount appropriated 16 from the general fund of the state pursuant to that section 17 for the following designated purposes shall not exceed the 18 following amount: 19 For the county commissions of veteran affairs fund under 20 section 35A.16 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 990,000 22 DIVISION V 23 DEPARTMENT OF HUMAN SERVICES —— FY 2019-2020 24 Sec. 7. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 25 GRANT. There is appropriated from the fund created in section 26 8.41 to the department of human services for the fiscal year 27 beginning July 1, 2019, and ending June 30, 2020, from moneys 28 received under the federal temporary assistance for needy 29 families (TANF) block grant pursuant to the federal Personal 30 Responsibility and Work Opportunity Reconciliation Act of 1996, 31 Pub. L. No. 104-193, and successor legislation, the following 32 amounts, or so much thereof as is necessary, to be used for the 33 purposes designated: 34 1. To be credited to the family investment program account 35 -17- H1323.2512 (4) 88 pf/rn 17/ 119
and used for assistance under the family investment program 1 under chapter 239B : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,524,006 3 2. To be credited to the family investment program account 4 and used for the job opportunities and basic skills (JOBS) 5 program and implementing family investment agreements in 6 accordance with chapter 239B : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,412,060 8 3. To be used for the family development and 9 self-sufficiency grant program in accordance with section 10 216A.107 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 12 Notwithstanding section 8.33 , moneys appropriated in this 13 subsection that remain unencumbered or unobligated at the close 14 of the fiscal year shall not revert but shall remain available 15 for expenditure for the purposes designated until the close of 16 the succeeding fiscal year. However, unless such moneys are 17 encumbered or obligated on or before September 30, 2020, the 18 moneys shall revert. 19 4. For field operations: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 21 5. For general administration: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 23 6. For state child care assistance: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,166,826 25 a. Of the funds appropriated in this subsection, 26 $26,205,412 is transferred to the child care and development 27 block grant appropriation made by the Eighty-eighth General 28 Assembly, 2019 session, for the federal fiscal year beginning 29 October 1, 2019, and ending September 30, 2020. Of this 30 amount, $200,000 shall be used for provision of educational 31 opportunities to registered child care home providers in order 32 to improve services and programs offered by this category 33 of providers and to increase the number of providers. The 34 department may contract with institutions of higher education 35 -18- H1323.2512 (4) 88 pf/rn 18/ 119
or child care resource and referral centers to provide 1 the educational opportunities. Allowable administrative 2 costs under the contracts shall not exceed 5 percent. The 3 application for a grant shall not exceed two pages in length. 4 b. Any funds appropriated in this subsection remaining 5 unallocated shall be used for state child care assistance 6 payments for families who are employed including but not 7 limited to individuals enrolled in the family investment 8 program. 9 7. For child and family services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 11 8. For child abuse prevention grants: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 13 9. For pregnancy prevention grants on the condition that 14 family planning services are funded: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,913,203 16 Pregnancy prevention grants shall be awarded to programs 17 in existence on or before July 1, 2019, if the programs have 18 demonstrated positive outcomes. Grants shall be awarded to 19 pregnancy prevention programs which are developed after July 20 1, 2019, if the programs are based on existing models that 21 have demonstrated positive outcomes. Grants shall comply with 22 the requirements provided in 1997 Iowa Acts, chapter 208, 23 section 14, subsections 1 and 2 , including the requirement that 24 grant programs must emphasize sexual abstinence. Priority in 25 the awarding of grants shall be given to programs that serve 26 areas of the state which demonstrate the highest percentage of 27 unplanned pregnancies of females of childbearing age within the 28 geographic area to be served by the grant. 29 10. For technology needs and other resources necessary 30 to meet federal welfare reform reporting, tracking, and case 31 management requirements: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 33 11. a. Notwithstanding any provision to the contrary, 34 including but not limited to requirements in section 8.41 or 35 -19- H1323.2512 (4) 88 pf/rn 19/ 119
provisions in 2018 Iowa Acts or 2019 Iowa Acts regarding the 1 receipt and appropriation of federal block grants, federal 2 funds from the temporary assistance for needy families block 3 grant received by the state and not otherwise appropriated 4 in this section and remaining available for the fiscal year 5 beginning July 1, 2019, are appropriated to the department of 6 human services to the extent as may be necessary to be used in 7 the following priority order: the family investment program, 8 for state child care assistance program payments for families 9 who are employed, and for the family investment program share 10 of system costs for eligibility determination and related 11 functions. The federal funds appropriated in this paragraph 12 “a” shall be expended only after all other funds appropriated 13 in subsection 1 for assistance under the family investment 14 program, in subsection 6 for state child care assistance, or 15 in subsection 10 for technology costs related to the family 16 investment program, as applicable, have been expended. For 17 the purposes of this subsection, the funds appropriated in 18 subsection 6, paragraph “a”, for transfer to the child care 19 and development block grant appropriation are considered fully 20 expended when the full amount has been 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, 2019, 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 -20- H1323.2512 (4) 88 pf/rn 20/ 119
14. The department may transfer funds allocated in this 1 section to the appropriations made in this division of this Act 2 for the same fiscal year for general administration and field 3 operations for resources necessary to implement and operate the 4 services referred to in this section and those funded in the 5 appropriation made in this division of this Act for the same 6 fiscal year for the family investment program from the general 7 fund of the state. 8 15. With the exception of moneys allocated under this 9 section for the family development and self-sufficiency grant 10 program, to the extent moneys allocated in this section are 11 deemed by the department not to be necessary to support the 12 purposes for which they are allocated, such moneys may be 13 used in the same fiscal year for any other purpose for which 14 funds are allocated in this section or in section 8 of this 15 division for the family investment program account. If there 16 are conflicting needs, priority shall first be given to the 17 family investment program account as specified under subsection 18 1 of this section and used for the purposes of assistance under 19 the family investment program in accordance with chapter 239B , 20 followed by state child care assistance program payments for 21 families who are employed, followed by other priorities as 22 specified by the department. 23 Sec. 8. FAMILY INVESTMENT PROGRAM ACCOUNT. 24 1. Moneys credited to the family investment program (FIP) 25 account for the fiscal year beginning July 1, 2019, and 26 ending June 30, 2020, shall be used to provide assistance in 27 accordance with chapter 239B . 28 2. The department may use a portion of the moneys credited 29 to the FIP account under this section as necessary for 30 salaries, support, maintenance, and miscellaneous purposes. 31 3. The department may transfer funds allocated in 32 subsection 4, excluding the allocation under subsection 4, 33 paragraph “b”, to the appropriations made in this division of 34 this Act for the same fiscal year for general administration 35 -21- H1323.2512 (4) 88 pf/rn 21/ 119
and field operations for resources necessary to implement 1 and operate the services referred to in this section and 2 those funded in the appropriations made in section 7 for the 3 temporary assistance for needy families block grant and in 4 section 9 for the family investment program from the general 5 fund of the state in this division of this Act for the same 6 fiscal year. 7 4. Moneys appropriated in this division of this Act and 8 credited to the FIP account for the fiscal year beginning July 9 1, 2019, and ending June 30, 2020, are allocated as follows: 10 a. To be retained by the department of human services to 11 be used for coordinating with the department of human rights 12 to more effectively serve participants in FIP and other shared 13 clients and to meet federal reporting requirements under the 14 federal temporary assistance for needy families block grant: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 16 b. To the department of human rights for staffing, 17 administration, and implementation of the family development 18 and self-sufficiency grant program in accordance with section 19 216A.107 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,192,834 21 (1) Of the funds allocated for the family development 22 and self-sufficiency grant program in this paragraph “b”, 23 not more than 5 percent of the funds shall be used for the 24 administration of the grant program. 25 (2) The department of human rights may continue to implement 26 the family development and self-sufficiency grant program 27 statewide during fiscal year 2019-2020. 28 (3) The department of human rights may engage in activities 29 to strengthen and improve family outcomes measures and 30 data collection systems under the family development and 31 self-sufficiency grant program. 32 c. For the diversion subaccount of the FIP account: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 815,000 34 A portion of the moneys allocated for the diversion 35 -22- H1323.2512 (4) 88 pf/rn 22/ 119
subaccount may be used for field operations, salaries, data 1 management system development, and implementation costs and 2 support deemed necessary by the director of human services 3 in order to administer the FIP diversion program. To the 4 extent moneys allocated in this paragraph “c” are deemed by the 5 department not to be necessary to support diversion activities, 6 such moneys may be used for other efforts intended to increase 7 engagement by family investment program participants in work, 8 education, or training activities, or for the purposes of 9 assistance under the family investment program in accordance 10 with chapter 239B . 11 d. For the food assistance employment and training program: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 13 (1) The department shall apply the federal supplemental 14 nutrition assistance program (SNAP) employment and training 15 state plan in order to maximize to the fullest extent permitted 16 by federal law the use of the 50 percent federal reimbursement 17 provisions for the claiming of allowable federal reimbursement 18 funds from the United States department of agriculture 19 pursuant to the federal SNAP employment and training program 20 for providing education, employment, and training services 21 for eligible food assistance program participants, including 22 but not limited to related dependent care and transportation 23 expenses. 24 (2) The department shall continue the categorical federal 25 food assistance program eligibility at 160 percent of the 26 federal poverty level and continue to eliminate the asset test 27 from eligibility requirements, consistent with federal food 28 assistance program requirements. The department shall include 29 as many food assistance households as is allowed by federal 30 law. The eligibility provisions shall conform to all federal 31 requirements including requirements addressing individuals who 32 are incarcerated or otherwise ineligible. 33 e. For the JOBS program: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,018,258 35 -23- H1323.2512 (4) 88 pf/rn 23/ 119
5. Of the child support collections assigned under FIP, 1 an amount equal to the federal share of support collections 2 shall be credited to the child support recovery appropriation 3 made in this division of this Act. Of the remainder of the 4 assigned child support collections received by the child 5 support recovery unit, a portion shall be credited to the FIP 6 account, a portion may be used to increase recoveries, and a 7 portion may be used to sustain cash flow in the child support 8 payments account. If as a consequence of the appropriations 9 and allocations made in this section the resulting amounts 10 are insufficient to sustain cash assistance payments and meet 11 federal maintenance of effort requirements, the department 12 shall seek supplemental funding. If child support collections 13 assigned under FIP are greater than estimated or are otherwise 14 determined not to be required for maintenance of effort, the 15 state share of either amount may be transferred to or retained 16 in the child support payments account. 17 6. The department may adopt emergency rules for the family 18 investment, JOBS, food assistance, and medical assistance 19 programs if necessary to comply with federal requirements. 20 Sec. 9. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 21 is appropriated from the general fund of the state to the 22 department of human services for the fiscal year beginning July 23 1, 2019, and ending June 30, 2020, the following amount, or 24 so much thereof as is necessary, to be used for the purpose 25 designated: 26 To be credited to the family investment program (FIP) 27 account and used for family investment program assistance under 28 chapter 239B : 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,365,037 30 1. Of the funds appropriated in this section, $6,606,198 is 31 allocated for the JOBS program. 32 2. Of the funds appropriated in this section, $3,313,854 is 33 allocated for the family development and self-sufficiency grant 34 program. 35 -24- H1323.2512 (4) 88 pf/rn 24/ 119
3. a. Notwithstanding section 8.39 , for the fiscal 1 year beginning July 1, 2019, if necessary to meet federal 2 maintenance of effort requirements or to transfer federal 3 temporary assistance for needy families block grant funding 4 to be used for purposes of the federal social services block 5 grant or to meet cash flow needs resulting from delays in 6 receiving federal funding or to implement, in accordance with 7 this division of this Act, activities currently funded with 8 juvenile court services, county, or community moneys and state 9 moneys used in combination with such moneys; to comply with 10 federal requirements; or to maximize the use of federal funds; 11 the department of human services may transfer funds within or 12 between any of the appropriations made in this division of this 13 Act and appropriations in law for the federal social services 14 block grant to the department for the following purposes, 15 provided that the combined amount of state and federal 16 temporary assistance for needy families block grant funding 17 for each appropriation remains the same before and after the 18 transfer: 19 (1) For the family investment program. 20 (2) For state child care assistance. 21 (3) For child and family services. 22 (4) For field operations. 23 (5) For general administration. 24 b. This subsection shall not be construed to prohibit the 25 use of existing state transfer authority for other purposes. 26 The department shall report any transfers made pursuant to this 27 subsection to the legislative services agency. 28 4. Of the funds appropriated in this section, $195,000 shall 29 be used for continuation of a grant to an Iowa-based nonprofit 30 organization with a history of providing tax preparation 31 assistance to low-income Iowans in order to expand the usage 32 of the earned income tax credit. The purpose of the grant is 33 to supply this assistance to underserved areas of the state. 34 However, the department shall issue a request for proposals and 35 -25- H1323.2512 (4) 88 pf/rn 25/ 119
execute a contract with the contractor selected to administer 1 the program no later than January 1, 2020. The department 2 shall not retain any portion of the allocation under this 3 subsection for administrative costs. 4 5. Of the funds appropriated in this section, $70,000 shall 5 be used for the continuation of the parenting program, as 6 specified in 441 IAC ch. 100, relating to parental obligations, 7 in which the child support recovery unit participates, to 8 support the efforts of a nonprofit organization committed 9 to strengthening the community through youth development, 10 healthy living, and social responsibility headquartered in 11 a county with a population over 350,000 according to the 12 latest certified federal census. The funds allocated in this 13 subsection shall be used by the recipient organization to 14 develop a larger community effort, through public and private 15 partnerships, to support a broad-based multi-county parenthood 16 initiative that promotes payment of child support obligations, 17 improved family relationships, and full-time employment. 18 6. The department may transfer funds appropriated in this 19 section, excluding the allocation in subsection 2 for the 20 family development and self-sufficiency grant program, to the 21 appropriations made in this division of this Act for general 22 administration and field operations as necessary to administer 23 this section, section 7 for the temporary assistance for needy 24 families block grant, and section 8 for the family investment 25 program account. 26 Sec. 10. CHILD SUPPORT RECOVERY. 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 amount, or so much thereof as is 30 necessary, to be used for the purposes designated: 31 For child support recovery, including salaries, support, 32 maintenance, and miscellaneous purposes, and for not more than 33 the following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,749,368 35 -26- H1323.2512 (4) 88 pf/rn 26/ 119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 459.00 1 1. The department shall expend up to $24,000, including 2 federal financial participation, for the fiscal year beginning 3 July 1, 2019, for a child support public awareness campaign. 4 The department and the office of the attorney general shall 5 cooperate in continuation of the campaign. The public 6 awareness campaign shall emphasize, through a variety of 7 media activities, the importance of maximum involvement of 8 both parents in the lives of their children as well as the 9 importance of payment of child support obligations. 10 2. Federal access and visitation grant moneys shall be 11 issued directly to private not-for-profit agencies that provide 12 services designed to increase compliance with the child access 13 provisions of court orders, including but not limited to 14 neutral visitation sites and mediation services. 15 3. The appropriation made to the department for child 16 support recovery may be used throughout the fiscal year in the 17 manner necessary for purposes of cash flow management, and for 18 cash flow management purposes the department may temporarily 19 draw more than the amount appropriated, provided the amount 20 appropriated is not exceeded at the close of the fiscal year. 21 Sec. 11. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE —— 22 FY 2019-2020. Any funds remaining in the health care trust 23 fund created in section 453A.35A for the fiscal year beginning 24 July 1, 2019, and ending June 30, 2020, are appropriated to 25 the department of human services to supplement the medical 26 assistance program appropriations made in this division of this 27 Act, for medical assistance reimbursement and associated costs, 28 including program administration and costs associated with 29 program implementation. 30 Sec. 12. MEDICAID FRAUD FUND —— MEDICAL ASSISTANCE —— FY 31 2019-2020. Any funds remaining in the Medicaid fraud fund 32 created in section 249A.50 for the fiscal year beginning 33 July 1, 2019, and ending June 30, 2020, are appropriated to 34 the department of human services to supplement the medical 35 -27- H1323.2512 (4) 88 pf/rn 27/ 119
assistance appropriations made in this division of this Act, 1 for medical assistance reimbursement and associated costs, 2 including program administration and costs associated with 3 program implementation. 4 Sec. 13. MEDICAL ASSISTANCE. There is appropriated from the 5 general fund of the state to the department of human services 6 for the fiscal year beginning July 1, 2019, and ending June 30, 7 2020, the following amount, or so much thereof as is necessary, 8 to be used for the purpose designated: 9 For medical assistance program reimbursement and associated 10 costs as specifically provided in the reimbursement 11 methodologies in effect on June 30, 2019, except as otherwise 12 expressly authorized by law, consistent with options under 13 federal law and regulations, and contingent upon receipt of 14 approval from the office of the governor of reimbursement for 15 each abortion performed under the program: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,427,379,707 17 1. Iowans support reducing the number of abortions 18 performed in our state. Funds appropriated under this section 19 shall not be used for abortions, unless otherwise authorized 20 under this section. 21 2. The provisions of this section relating to abortions 22 shall also apply to the Iowa health and wellness plan created 23 pursuant to chapter 249N . 24 3. The department shall utilize not more than $60,000 of 25 the funds appropriated in this section to continue the AIDS/HIV 26 health insurance premium payment program as established in 1992 27 Iowa Acts, Second Extraordinary Session, chapter 1001, section 28 409, subsection 6 . Of the funds allocated in this subsection, 29 not more than $5,000 may be expended for administrative 30 purposes. 31 4. Of the funds appropriated in this Act to the department 32 of public health for addictive disorders, $950,000 for 33 the fiscal year beginning July 1, 2019, is transferred 34 to the department of human services for an integrated 35 -28- H1323.2512 (4) 88 pf/rn 28/ 119
substance-related disorder managed care system. The 1 departments of human services and public health shall 2 work together to maintain the level of mental health and 3 substance-related disorder treatment services provided by the 4 managed care contractors. Each department shall take the steps 5 necessary to continue the federal waivers as necessary to 6 maintain the level of services. 7 5. a. The department shall aggressively pursue options for 8 providing medical assistance or other assistance to individuals 9 with special needs who become ineligible to continue receiving 10 services under the early and periodic screening, diagnostic, 11 and treatment program under the medical assistance program 12 due to becoming 21 years of age who have been approved for 13 additional assistance through the department’s exception to 14 policy provisions, but who have health care needs in excess 15 of the funding available through the exception to policy 16 provisions. 17 b. Of the funds appropriated in this section, $100,000 18 shall be used for participation in one or more pilot projects 19 operated by a private provider to allow the individual or 20 individuals to receive service in the community in accordance 21 with principles established in Olmstead v. L.C., 527 U.S. 581 22 (1999), for the purpose of providing medical assistance or 23 other assistance to individuals with special needs who become 24 ineligible to continue receiving services under the early and 25 periodic screening, diagnostic, and treatment program under 26 the medical assistance program due to becoming 21 years of 27 age who have been approved for additional assistance through 28 the department’s exception to policy provisions, but who have 29 health care needs in excess of the funding available through 30 the exception to the policy provisions. 31 6. Of the funds appropriated in this section, up to 32 $3,050,082 may be transferred to the field operations or 33 general administration appropriations in this division of this 34 Act for operational costs associated with Part D of the federal 35 -29- H1323.2512 (4) 88 pf/rn 29/ 119
Medicare Prescription Drug Improvement and Modernization Act 1 of 2003, Pub. L. No. 108-173. 2 7. Of the funds appropriated in this section, up to $442,100 3 may be transferred to the appropriation in this division 4 of this Act for medical contracts to be used for clinical 5 assessment services and prior authorization of services. 6 8. A portion of the funds appropriated in this section 7 may be transferred to the appropriations in this division of 8 this Act for general administration, medical contracts, the 9 children’s health insurance program, or field operations to be 10 used for the state match cost to comply with the payment error 11 rate measurement (PERM) program for both the medical assistance 12 and children’s health insurance programs as developed by the 13 centers for Medicare and Medicaid services of the United States 14 department of health and human services to comply with the 15 federal Improper Payments Information Act of 2002, Pub. L. 16 No. 107-300, and to support other reviews and quality control 17 activities to improve the integrity of these programs. 18 9. The department shall continue to implement the 19 recommendations of the assuring better child health and 20 development initiative II (ABCDII) clinical panel to the 21 Iowa early and periodic screening, diagnostic, and treatment 22 services healthy mental development collaborative board 23 regarding changes to billing procedures, codes, and eligible 24 service providers. 25 10. Of the funds appropriated in this section, a sufficient 26 amount is allocated to supplement the incomes of residents of 27 nursing facilities, intermediate care facilities for persons 28 with mental illness, and intermediate care facilities for 29 persons with an intellectual disability, with incomes of less 30 than $50 in the amount necessary for the residents to receive a 31 personal needs allowance of $50 per month pursuant to section 32 249A.30A . 33 11. a. Hospitals that meet the conditions specified 34 in subparagraphs (1) and (2) shall either certify public 35 -30- H1323.2512 (4) 88 pf/rn 30/ 119
expenditures or transfer to the medical assistance program 1 an amount equal to provide the nonfederal share for a 2 disproportionate share hospital payment in an amount up to the 3 hospital-specific limit as approved in the Medicaid state plan. 4 The hospitals that meet the conditions specified shall receive 5 and retain 100 percent of the total disproportionate share 6 hospital payment in an amount up to the hospital-specific limit 7 as approved in the Medicaid state plan. 8 (1) The hospital qualifies for disproportionate share and 9 graduate medical education payments. 10 (2) The hospital is an Iowa state-owned hospital with more 11 than 500 beds and eight or more distinct residency specialty 12 or subspecialty programs recognized by the American college of 13 graduate medical education. 14 b. Distribution of the disproportionate share payments 15 shall be made on a monthly basis. The total amount of 16 disproportionate share payments including graduate medical 17 education, enhanced disproportionate share, and Iowa 18 state-owned teaching hospital payments shall not exceed the 19 amount of the state’s allotment under Pub. L. No. 102-234. 20 In addition, the total amount of all disproportionate 21 share payments shall not exceed the hospital-specific 22 disproportionate share limits under Pub. L. No. 103-66. 23 12. One hundred percent of the nonfederal share of payments 24 to area education agencies that are medical assistance 25 providers for medical assistance-covered services provided to 26 medical assistance-covered children, shall be made from the 27 appropriation made in this section. 28 13. A portion of the funds appropriated in this section 29 may be transferred to the appropriation in this division of 30 this Act for medical contracts to be used for administrative 31 activities associated with the money follows the person 32 demonstration project. 33 14. Of the funds appropriated in this section, $349,011 34 shall be used for the administration of the health insurance 35 -31- H1323.2512 (4) 88 pf/rn 31/ 119
premium payment program, including salaries, support, 1 maintenance, and miscellaneous purposes. 2 15. a. The department may increase the amounts allocated 3 for salaries, support, maintenance, and miscellaneous purposes 4 associated with the medical assistance program, as necessary, 5 to sustain cost management efforts. The department shall 6 report any such increase to the legislative services agency and 7 the department of management. 8 b. If the savings to the medical assistance program from 9 ongoing cost management efforts exceed the associated cost 10 for the fiscal year beginning July 1, 2019, the department 11 may transfer any savings generated for the fiscal year due 12 to medical assistance program cost management efforts to the 13 appropriation made in this division of this Act for medical 14 contracts or general administration to defray the costs 15 associated with implementing the efforts. 16 16. For the fiscal year beginning July 1, 2019, and ending 17 June 30, 2020, the replacement generation tax revenues required 18 to be deposited in the property tax relief fund pursuant to 19 section 437A.8, subsection 4 , paragraph “d”, and section 20 437A.15, subsection 3 , paragraph “f”, shall instead be credited 21 to and supplement the appropriation made in this section and 22 used for the allocations made in this section. 23 17. a. Of the funds appropriated in this section, up 24 to $50,000 may be transferred by the department to the 25 appropriation made in this division of this Act to the 26 department for the same fiscal year for general administration 27 to be used for associated administrative expenses and for not 28 more than 1.00 full-time equivalent position, in addition to 29 those authorized for the same fiscal year, to be assigned to 30 implementing the children’s mental health home project. 31 b. Of the funds appropriated in this section, up to $400,000 32 may be transferred by the department to the appropriation made 33 to the department in this division of this Act for the same 34 fiscal year for Medicaid program-related general administration 35 -32- H1323.2512 (4) 88 pf/rn 32/ 119
planning and implementation activities. The funds may be used 1 for contracts or for personnel in addition to the amounts 2 appropriated for and the positions authorized for general 3 administration for the fiscal year. 4 c. Of the funds appropriated in this section, up to 5 $3,000,000 may be transferred by the department to the 6 appropriations made in this division of this Act for the same 7 fiscal year for general administration or medical contracts 8 to be used to support the development and implementation of 9 standardized assessment tools for persons with mental illness, 10 an intellectual disability, a developmental disability, or a 11 brain injury. 12 18. Of the funds appropriated in this section, $150,000 13 shall be used for lodging expenses associated with care 14 provided at the university of Iowa hospitals and clinics for 15 patients with cancer whose travel distance is 30 miles or more 16 and whose income is at or below 200 percent of the federal 17 poverty level as defined by the most recently revised poverty 18 income guidelines published by the United States department of 19 health and human services. The department of human services 20 shall establish the maximum number of overnight stays and the 21 maximum rate reimbursed for overnight lodging, which may be 22 based on the state employee rate established by the department 23 of administrative services. The funds allocated in this 24 subsection shall not be used as nonfederal share matching 25 funds. 26 19. Of the funds appropriated in this section, up to 27 $3,383,880 shall be used for administration of the state family 28 planning services program pursuant to section 217.41B, and 29 of this amount, the department may use up to $200,000 for 30 administrative expenses. 31 20. Of the funds appropriated in this section, $1,545,530 32 shall be used and may be transferred to other appropriations 33 in this division of this Act as necessary to administer the 34 provisions in the division of this Act relating to Medicaid 35 -33- H1323.2512 (4) 88 pf/rn 33/ 119
program administration. 1 21. The department shall continue to implement and 2 administer the provisions of 2018 Iowa Acts, chapter 1056. 3 Of the funds appropriated in this section, up to $39,069 may 4 be transferred to the department of inspections and appeals 5 for inspection costs related to such implementation and 6 administration. 7 22. Of the funds appropriated in this section, up to 8 $1,200,000 shall be used to implement reductions in the waiting 9 list for the children’s mental health home and community-based 10 services waiver. 11 23. Of the funds appropriated in this section, $1,500,000 12 shall be used to provide reimbursement to critical access 13 hospitals for inpatient and outpatient services based on 14 a critical access hospital adjustment factor methodology 15 developed by the department as provided in this division of 16 this Act. 17 24. The department of human services shall utilize 18 $1,000,000 of the funds appropriated under this section to 19 increase the current supported community living provider 20 daily rates for all tiers under the tiered rate reimbursement 21 methodology effective with dates of service beginning July 22 1, 2019. The funding amount shall be divided equally among 23 all tiers and applied within each tier in accordance with the 24 recommendations of the actuary. However, no resulting rates 25 shall be lower than the rates in effect on June 30, 2019. 26 Sec. 14. MEDICAL CONTRACTS. There is appropriated from the 27 general fund of the state to the department of human services 28 for the fiscal year beginning July 1, 2019, and ending June 30, 29 2020, the following amount, or so much thereof as is necessary, 30 to be used for the purpose designated: 31 For medical contracts: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,992,530 33 1. The department of inspections and appeals shall 34 provide all state matching funds for survey and certification 35 -34- H1323.2512 (4) 88 pf/rn 34/ 119
activities performed by the department of inspections 1 and appeals. The department of human services is solely 2 responsible for distributing the federal matching funds for 3 such activities. 4 2. Of the funds appropriated in this section, $50,000 shall 5 be used for continuation of home and community-based services 6 waiver quality assurance programs, including the review and 7 streamlining of processes and policies related to oversight and 8 quality management to meet state and federal requirements. 9 3. Of the amount appropriated in this section, up to 10 $200,000 may be transferred to the appropriation for general 11 administration in this division of this Act to be used for 12 additional full-time equivalent positions in the development 13 of key health initiatives such as development and oversight 14 of managed care programs and development of health strategies 15 targeted toward improved quality and reduced costs in the 16 Medicaid program. 17 4. Of the funds appropriated in this section, $1,000,000 18 shall be used for planning and development, in cooperation with 19 the department of public health, of a phased-in program to 20 provide a dental home for children. 21 5. a. Of the funds appropriated in this section, $573,000 22 shall be credited to the autism support program fund created 23 in section 225D.2 to be used for the autism support program 24 created in chapter 225D , with the exception of the following 25 amount of this allocation which shall be used as follows: 26 b. Of the funds allocated in this subsection, $25,000 shall 27 be used for the public purpose of continuation of a grant to a 28 nonprofit provider of child welfare services that has been in 29 existence for more than 115 years, is located in a county with 30 a population between 200,000 and 220,000 according to the most 31 recent federal decennial census, is licensed as a psychiatric 32 medical institution for children, and provides school-based 33 programming, to be used for support services for children with 34 autism spectrum disorder and their families. 35 -35- H1323.2512 (4) 88 pf/rn 35/ 119
Sec. 15. STATE SUPPLEMENTARY ASSISTANCE. 1 1. There is appropriated from the general fund of the 2 state to the department of human services for the fiscal year 3 beginning July 1, 2019, and ending June 30, 2020, the following 4 amount, or so much thereof as is necessary, to be used for the 5 purpose designated: 6 For the state supplementary assistance program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,812,909 8 2. The department shall increase the personal needs 9 allowance for residents of residential care facilities by the 10 same percentage and at the same time as federal supplemental 11 security income and federal social security benefits are 12 increased due to a recognized increase in the cost of living. 13 The department may adopt emergency rules to implement this 14 subsection. 15 3. If during the fiscal year beginning July 1, 2019, 16 the department projects that state supplementary assistance 17 expenditures for a calendar year will not meet the federal 18 pass-through requirement specified in Tit. XVI of the federal 19 Social Security Act, section 1618, as codified in 42 U.S.C. 20 §1382g, the department may take actions including but not 21 limited to increasing the personal needs allowance for 22 residential care facility residents and making programmatic 23 adjustments or upward adjustments of the residential care 24 facility or in-home health-related care reimbursement rates 25 prescribed in this division of this Act to ensure that federal 26 requirements are met. In addition, the department may make 27 other programmatic and rate adjustments necessary to remain 28 within the amount appropriated in this section while ensuring 29 compliance with federal requirements. The department may adopt 30 emergency rules to implement the provisions of this subsection. 31 4. Notwithstanding section 8.33 , moneys appropriated in 32 this section that remain unencumbered or unobligated at the 33 close of the fiscal year shall not revert but shall remain 34 available for expenditure for the purposes designated until the 35 -36- H1323.2512 (4) 88 pf/rn 36/ 119
close of the succeeding fiscal year. 1 Sec. 16. CHILDREN’S HEALTH INSURANCE PROGRAM. 2 1. There is appropriated from the general fund of the 3 state to the department of human services for the fiscal year 4 beginning July 1, 2019, and ending June 30, 2020, the following 5 amount, or so much thereof as is necessary, to be used for the 6 purpose designated: 7 For maintenance of the healthy and well kids in Iowa (hawk-i) 8 program pursuant to chapter 514I , including supplemental dental 9 services, for receipt of federal financial participation under 10 Tit. XXI of the federal Social Security Act, which creates the 11 children’s health insurance program: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,361,112 13 2. Of the funds appropriated in this section, $79,486 is 14 allocated for continuation of the contract for outreach with 15 the department of public health. 16 3. A portion of the funds appropriated in this section may 17 be transferred to the appropriations made in this division of 18 this Act for field operations or medical contracts to be used 19 for the integration of hawk-i program eligibility, payment, and 20 administrative functions under the purview of the department 21 of human services, including for the Medicaid management 22 information system upgrade. 23 Sec. 17. CHILD CARE ASSISTANCE. There is appropriated 24 from the general fund of the state to the department of human 25 services for the fiscal year beginning July 1, 2019, and ending 26 June 30, 2020, the following amount, or so much thereof as is 27 necessary, to be used for the purpose designated: 28 For child care programs: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,816,931 30 1. Of the funds appropriated in this section, $34,966,931 31 shall be used for state child care assistance in accordance 32 with section 237A.13 . 33 2. Nothing in this section shall be construed or is 34 intended as or shall imply a grant of entitlement for services 35 -37- H1323.2512 (4) 88 pf/rn 37/ 119
to persons who are eligible for assistance due to an income 1 level consistent with the waiting list requirements of section 2 237A.13 . Any state obligation to provide services pursuant to 3 this section is limited to the extent of the funds appropriated 4 in this section. 5 3. A list of the registered and licensed child care 6 facilities operating in the area served by a child care 7 resource and referral service shall be made available to the 8 families receiving state child care assistance in that area. 9 4. Of the funds appropriated in this section, $5,850,000 10 shall be credited to the early childhood programs grants 11 account in the early childhood Iowa fund created in section 12 256I.11 . The moneys shall be distributed for funding of 13 community-based early childhood programs targeted to children 14 from birth through five years of age developed by early 15 childhood Iowa areas in accordance with approved community 16 plans as provided in section 256I.8 . 17 5. The department may use any of the funds appropriated 18 in this section as a match to obtain federal funds for use in 19 expanding child care assistance and related programs. For 20 the purpose of expenditures of state and federal child care 21 funding, funds shall be considered obligated at the time 22 expenditures are projected or are allocated to the department’s 23 service areas. Projections shall be based on current and 24 projected caseload growth, current and projected provider 25 rates, staffing requirements for eligibility determination 26 and management of program requirements including data systems 27 management, staffing requirements for administration of the 28 program, contractual and grant obligations and any transfers 29 to other state agencies, and obligations for decategorization 30 or innovation projects. 31 6. A portion of the state match for the federal child care 32 and development block grant shall be provided as necessary to 33 meet federal matching funds requirements through the state 34 general fund appropriation made for child development grants 35 -38- H1323.2512 (4) 88 pf/rn 38/ 119
and other programs for at-risk children in section 279.51 . 1 7. If a uniform reduction ordered by the governor under 2 section 8.31 or other operation of law, transfer, or federal 3 funding reduction reduces the appropriation made in this 4 section for the fiscal year, the percentage reduction in the 5 amount paid out to or on behalf of the families participating 6 in the state child care assistance program shall be equal to or 7 less than the percentage reduction made for any other purpose 8 payable from the appropriation made in this section and the 9 federal funding relating to it. The percentage reduction to 10 the other allocations made in this section shall be the same as 11 the uniform reduction ordered by the governor or the percentage 12 change of the federal funding reduction, as applicable. If 13 there is an unanticipated increase in federal funding provided 14 for state child care services, the entire amount of the 15 increase, except as necessary to meet federal requirements 16 including quality set asides, shall be used for state child 17 care assistance payments. If the appropriations made for 18 purposes of the state child care assistance program for the 19 fiscal year are determined to be insufficient, it is the intent 20 of the general assembly to appropriate sufficient funding for 21 the fiscal year in order to avoid establishment of waiting list 22 requirements. 23 8. Notwithstanding section 8.33 , moneys advanced for 24 purposes of the programs developed by early childhood Iowa 25 areas, advanced for purposes of wraparound child care, or 26 received from the federal appropriations made for the purposes 27 of this section that remain unencumbered or unobligated at the 28 close of the fiscal year shall not revert to any fund but shall 29 remain available for expenditure for the purposes designated 30 until the close of the succeeding fiscal year. 31 Sec. 18. JUVENILE INSTITUTION. There is appropriated 32 from the general fund of the state to the department of human 33 services for the fiscal year beginning July 1, 2019, and ending 34 June 30, 2020, the following amounts, or so much thereof as is 35 -39- H1323.2512 (4) 88 pf/rn 39/ 119
necessary, to be used for the purposes designated: 1 1. a. For operation of the state training school at Eldora 2 and for salaries, support, maintenance, and miscellaneous 3 purposes, and for not more than the following full-time 4 equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,920,757 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 207.00 7 b. Of the funds appropriated in this subsection, $91,000 8 shall be used for distribution to licensed classroom teachers 9 at this and other institutions under the control of the 10 department of human services based upon the average student 11 yearly enrollment at each institution as determined by the 12 department. 13 c. The additional full-time equivalent positions authorized 14 in paragraph “a” shall include 1.00 youth services technician, 15 1.00 clinical supervisor, and 1.00 registered nurse, or 16 comparable additional, full-time equivalent positions. 17 2. A portion of the moneys appropriated in this section 18 shall be used by the state training school at Eldora for 19 grants for adolescent pregnancy prevention activities at the 20 institution in the fiscal year beginning July 1, 2019. 21 3. Of the funds appropriated in this subsection, $212,000 22 shall be used by the state training school at Eldora for a 23 substance use disorder treatment program at the institution for 24 the fiscal year beginning July 1, 2019. 25 4. Notwithstanding section 8.33 , moneys appropriated in 26 this section that remain unencumbered or unobligated at the 27 close of the fiscal year shall not revert but shall remain 28 available for expenditure for the purposes designated until the 29 close of the succeeding fiscal year. 30 Sec. 19. CHILD AND FAMILY SERVICES. 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 -40- H1323.2512 (4) 88 pf/rn 40/ 119
purpose designated: 1 For child and family services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 89,071,761 3 2. The department may transfer funds appropriated in this 4 section as necessary to pay the nonfederal costs of services 5 reimbursed under the medical assistance program, state child 6 care assistance program, or the family investment program which 7 are provided to children who would otherwise receive services 8 paid under the appropriation in this section. The department 9 may transfer funds appropriated in this section to the 10 appropriations made in this division of this Act for general 11 administration and for field operations for resources necessary 12 to implement and operate the services funded in this section. 13 3. a. Of the funds appropriated in this section, up to 14 $34,536,000 is allocated as the statewide expenditure target 15 under section 232.143 for group foster care maintenance and 16 services. If the department projects that such expenditures 17 for the fiscal year will be less than the target amount 18 allocated in this paragraph “a”, the department may reallocate 19 the excess to provide additional funding for family foster 20 care, independent living, family safety, risk and permanency 21 services, shelter care, or the child welfare emergency services 22 addressed with the allocation for shelter care. 23 b. If at any time after September 30, 2019, annualization 24 of a service area’s current expenditures indicates a service 25 area is at risk of exceeding its group foster care expenditure 26 target under section 232.143 by more than 5 percent, the 27 department and juvenile court services shall examine all 28 group foster care placements in that service area in order to 29 identify those which might be appropriate for termination. 30 In addition, any aftercare services believed to be needed 31 for the children whose placements may be terminated shall be 32 identified. The department and juvenile court services shall 33 initiate action to set dispositional review hearings for the 34 placements identified. In such a dispositional review hearing, 35 -41- H1323.2512 (4) 88 pf/rn 41/ 119
the juvenile court shall determine whether needed aftercare 1 services are available and whether termination of the placement 2 is in the best interest of the child and the community. 3 4. In accordance with the provisions of section 232.188 , 4 the department shall continue the child welfare and juvenile 5 justice funding initiative during fiscal year 2019-2020. Of 6 the funds appropriated in this section, $1,717,000 is allocated 7 specifically for expenditure for fiscal year 2019-2020 through 8 the decategorization services funding pools and governance 9 boards established pursuant to section 232.188 . 10 5. A portion of the funds appropriated in this section 11 may be used for emergency family assistance to provide other 12 resources required for a family participating in a family 13 preservation or reunification project or successor project to 14 stay together or to be reunified. 15 6. Of the funds appropriated in this section, a sufficient 16 amount is allocated for shelter care and the child welfare 17 emergency services contracting implemented to provide for or 18 prevent the need for shelter care. 19 7. Federal funds received by the state during the fiscal 20 year beginning July 1, 2019, as the result of the expenditure 21 of state funds appropriated during a previous state fiscal 22 year for a service or activity funded under this section are 23 appropriated to the department to be used as additional funding 24 for services and purposes provided for under this section. 25 Notwithstanding section 8.33 , moneys received in accordance 26 with this subsection that remain unencumbered or unobligated at 27 the close of the fiscal year shall not revert to any fund but 28 shall remain available for the purposes designated until the 29 close of the succeeding fiscal year. 30 8. a. Of the funds appropriated in this section, up to 31 $3,290,000 is allocated for the payment of the expenses of 32 court-ordered services provided to juveniles who are under the 33 supervision of juvenile court services, which expenses are a 34 charge upon the state pursuant to section 232.141, subsection 35 -42- H1323.2512 (4) 88 pf/rn 42/ 119
4 . Of the amount allocated in this paragraph “a”, up to 1 $1,556,000 shall be made available to provide school-based 2 supervision of children adjudicated under chapter 232 , of which 3 not more than $15,000 may be used for the purpose of training. 4 A portion of the cost of each school-based liaison officer 5 shall be paid by the school district or other funding source as 6 approved by the chief juvenile court officer. 7 b. Of the funds appropriated in this section, up to $748,000 8 is allocated for the payment of the expenses of court-ordered 9 services provided to children who are under the supervision 10 of the department, which expenses are a charge upon the state 11 pursuant to section 232.141, subsection 4 . 12 c. Notwithstanding section 232.141 or any other provision 13 of law to the contrary, the amounts allocated in this 14 subsection shall be distributed to the judicial districts 15 as determined by the state court administrator and to the 16 department’s service areas as determined by the administrator 17 of the department of human services’ division of child and 18 family services. The state court administrator and the 19 division administrator shall make the determination of the 20 distribution amounts on or before June 15, 2019. 21 d. Notwithstanding chapter 232 or any other provision of 22 law to the contrary, a district or juvenile court shall not 23 order any service which is a charge upon the state pursuant 24 to section 232.141 if there are insufficient court-ordered 25 services funds available in the district court or departmental 26 service area distribution amounts to pay for the service. The 27 chief juvenile court officer and the departmental service area 28 manager shall encourage use of the funds allocated in this 29 subsection such that there are sufficient funds to pay for 30 all court-related services during the entire year. The chief 31 juvenile court officers and departmental service area managers 32 shall attempt to anticipate potential surpluses and shortfalls 33 in the distribution amounts and shall cooperatively request the 34 state court administrator or division administrator to transfer 35 -43- H1323.2512 (4) 88 pf/rn 43/ 119
funds between the judicial districts’ or departmental service 1 areas’ distribution amounts as prudent. 2 e. Notwithstanding any provision of law to the contrary, 3 a district or juvenile court shall not order a county to pay 4 for any service provided to a juvenile pursuant to an order 5 entered under chapter 232 which is a charge upon the state 6 under section 232.141, subsection 4 . 7 f. Of the funds allocated in this subsection, not more than 8 $83,000 may be used by the judicial branch for administration 9 of the requirements under this subsection. 10 g. Of the funds allocated in this subsection, $17,000 11 shall be used by the department of human services to support 12 the interstate commission for juveniles in accordance with 13 the interstate compact for juveniles as provided in section 14 232.173 . 15 9. Of the funds appropriated in this section, $12,253,000 is 16 allocated for juvenile delinquent graduated sanctions services. 17 Any state funds saved as a result of efforts by juvenile court 18 services to earn a federal Tit. IV-E match for juvenile court 19 services administration may be used for the juvenile delinquent 20 graduated sanctions services. 21 10. Of the funds appropriated in this section, $1,658,000 is 22 transferred to the department of public health to be used for 23 the child protection center grant program for child protection 24 centers located in Iowa in accordance with section 135.118 . 25 The grant amounts under the program shall be equalized so that 26 each center receives a uniform base amount of $245,000, and so 27 that the remaining funds are awarded through a funding formula 28 based upon the volume of children served. To increase access 29 to child protection center services for children in rural 30 areas, the funding formula for the awarding of the remaining 31 funds shall provide for the awarding of an enhanced amount to 32 eligible grantees to develop and maintain satellite centers in 33 underserved regions of the state. 34 11. Of the funds appropriated in this section, $4,025,000 is 35 -44- H1323.2512 (4) 88 pf/rn 44/ 119
allocated for the preparation for adult living program pursuant 1 to section 234.46 . 2 12. Of the funds appropriated in this section, $227,000 3 shall be used for the public purpose of continuing a grant to a 4 nonprofit human services organization, providing services to 5 individuals and families in multiple locations in southwest 6 Iowa and Nebraska for support of a project providing immediate, 7 sensitive support and forensic interviews, medical exams, needs 8 assessments, and referrals for victims of child abuse and their 9 nonoffending family members. 10 13. Of the funds appropriated in this section, $300,000 11 is allocated for the foster care youth council approach of 12 providing a support network to children placed in foster care. 13 14. Of the funds appropriated in this section, $202,000 is 14 allocated for use pursuant to section 235A.1 for continuation 15 of the initiative to address child sexual abuse implemented 16 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 17 21 . 18 15. Of the funds appropriated in this section, $630,000 is 19 allocated for the community partnership for child protection 20 sites. 21 16. Of the funds appropriated in this section, $371,000 22 is allocated for the department’s minority youth and family 23 projects under the redesign of the child welfare system. 24 17. Of the funds appropriated in this section, $851,000 25 is allocated for funding of the community circle of care 26 collaboration for children and youth in northeast Iowa. 27 18. Of the funds appropriated in this section, at least 28 $147,000 shall be used for the continuation of the child 29 welfare provider training academy, a collaboration between the 30 coalition for family and children’s services in Iowa and the 31 department. 32 19. Of the funds appropriated in this section, $211,000 33 shall be used for continuation of the central Iowa system of 34 care program grant through June 30, 2020. 35 -45- H1323.2512 (4) 88 pf/rn 45/ 119
20. Of the funds appropriated in this section, $235,000 1 shall be used for the public purpose of the continuation 2 and expansion of a system of care program grant implemented 3 in Cerro Gordo and Linn counties to utilize a comprehensive 4 and long-term approach for helping children and families by 5 addressing the key areas in a child’s life of childhood basic 6 needs, education and work, family, and community. 7 21. Of the funds appropriated in this section, at least 8 $25,000 shall be used to continue and to expand the foster 9 care respite pilot program in which postsecondary students in 10 social work and other human services-related programs receive 11 experience by assisting family foster care providers with 12 respite and other support. 13 22. Of the funds appropriated in this section, $110,000 14 shall be used for the public purpose of funding community-based 15 services and other supports with a system of care approach 16 for children with a serious emotional disturbance and their 17 families through a nonprofit provider of child welfare services 18 that has been in existence for more than 115 years, is located 19 in a county with a population of more than 200,000 but less 20 than 220,000 according to the latest certified federal census, 21 is licensed as a psychiatric medical institution for children, 22 and was a system of care grantee prior to July 1, 2019. 23 23. If a separate funding source is identified that reduces 24 the need for state funds within an allocation under this 25 section, the allocated state funds may be redistributed to 26 other allocations under this section for the same fiscal year. 27 Sec. 20. ADOPTION SUBSIDY. 28 1. There is appropriated from the general fund of the 29 state to the department of human services for the fiscal year 30 beginning July 1, 2019, and ending June 30, 2020, the following 31 amount, or so much thereof as is necessary, to be used for the 32 purpose designated: 33 a. For adoption subsidy payments and services: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,596,007 35 -46- H1323.2512 (4) 88 pf/rn 46/ 119
b. (1) The funds appropriated in this section shall be used 1 as authorized or allowed by federal law or regulation for any 2 of the following purposes: 3 (a) For adoption subsidy payments and related costs. 4 (b) For post-adoption services and for other purposes under 5 Tit. IV-B or Tit. IV-E of the federal Social Security Act. 6 (2) The department of human services may transfer funds 7 appropriated in this subsection to the appropriation for 8 child and family services in this Act for the purposes of 9 post-adoption services as specified in this paragraph “b”. 10 c. Notwithstanding section 8.33 , moneys corresponding to 11 the state savings resulting from implementation of the federal 12 Fostering Connections to Success and Increasing Adoptions Act 13 of 2008, Pub. L. No. 110-351, and successor legislation, as 14 determined in accordance with 42 U.S.C. §673(a)(8), that remain 15 unencumbered or unobligated at the close of the fiscal year, 16 shall not revert to any fund but shall remain available for the 17 purposes designated in this subsection until expended. The 18 amount of such savings and any corresponding funds remaining 19 at the close of the fiscal year shall be determined separately 20 and any changes in either amount between fiscal years shall not 21 result in an unfunded need. 22 2. The department may transfer funds appropriated in 23 this section to the appropriation made in this division of 24 this Act for general administration for costs paid from the 25 appropriation relating to adoption subsidy. 26 3. Federal funds received by the state during the 27 fiscal year beginning July 1, 2019, as the result of the 28 expenditure of state funds during a previous state fiscal 29 year for a service or activity funded under this section are 30 appropriated to the department to be used as additional funding 31 for the services and activities funded under this section. 32 Notwithstanding section 8.33 , moneys received in accordance 33 with this subsection that remain unencumbered or unobligated 34 at the close of the fiscal year shall not revert to any fund 35 -47- H1323.2512 (4) 88 pf/rn 47/ 119
but shall remain available for expenditure for the purposes 1 designated until the close of the succeeding fiscal year. 2 Sec. 21. JUVENILE DETENTION HOME FUND. Moneys deposited 3 in the juvenile detention home fund created in section 232.142 4 during the fiscal year beginning July 1, 2019, and ending June 5 30, 2020, are appropriated to the department of human services 6 for the fiscal year beginning July 1, 2019, and ending June 30, 7 2020, for distribution of an amount equal to a percentage of 8 the costs of the establishment, improvement, operation, and 9 maintenance of county or multicounty juvenile detention homes 10 in the fiscal year beginning July 1, 2018. Moneys appropriated 11 for distribution in accordance with this section shall be 12 allocated among eligible detention homes, prorated on the basis 13 of an eligible detention home’s proportion of the costs of all 14 eligible detention homes in the fiscal year beginning July 15 1, 2018. The percentage figure shall be determined by the 16 department based on the amount available for distribution for 17 the fund. Notwithstanding section 232.142, subsection 3 , the 18 financial aid payable by the state under that provision for the 19 fiscal year beginning July 1, 2019, shall be limited to the 20 amount appropriated for the purposes of this section. 21 Sec. 22. FAMILY SUPPORT SUBSIDY PROGRAM. 22 1. There is appropriated from the general fund of the 23 state to the department of human services for the fiscal year 24 beginning July 1, 2019, and ending June 30, 2020, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purpose designated: 27 For the family support subsidy program subject to the 28 enrollment restrictions in section 225C.37, subsection 3 : 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 949,282 30 2. At least $819,275 of the moneys appropriated in this 31 section is transferred to the department of public health for 32 the family support center component of the comprehensive family 33 support program under chapter 225C , subchapter V. 34 3. If at any time during the fiscal year, the amount of 35 -48- H1323.2512 (4) 88 pf/rn 48/ 119
funding available for the family support subsidy program 1 is reduced from the amount initially used to establish the 2 figure for the number of family members for whom a subsidy 3 is to be provided at any one time during the fiscal year, 4 notwithstanding section 225C.38, subsection 2 , the department 5 shall revise the figure as necessary to conform to the amount 6 of funding available. 7 Sec. 23. CONNER DECREE. There is appropriated from the 8 general fund of the state to the department of human services 9 for the fiscal year beginning July 1, 2019, and ending June 30, 10 2020, the following amount, or so much thereof as is necessary, 11 to be used for the purpose designated: 12 For building community capacity through the coordination 13 and provision of training opportunities in accordance with the 14 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 15 Iowa, July 14, 1994): 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,632 17 Sec. 24. MENTAL HEALTH INSTITUTES. 18 1. There is appropriated from the general fund of the 19 state to the department of human services for the fiscal year 20 beginning July 1, 2019, and ending June 30, 2020, the following 21 amounts, or so much thereof as is necessary, to be used for the 22 purposes designated: 23 a. (1) For operation of the state mental health institute 24 at Cherokee as required by chapters 218 and 226 for salaries, 25 support, maintenance, and miscellaneous purposes, and for not 26 more than the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,216,149 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.00 29 (2) The additional full-time equivalent positions 30 authorized in this paragraph “a” shall include 3.50 security 31 staff and 3.00 support staff, or comparable additional, 32 full-time equivalent positions. 33 b. (1) For operation of the state mental health institute 34 at Independence as required by chapters 218 and 226 for 35 -49- H1323.2512 (4) 88 pf/rn 49/ 119
salaries, support, maintenance, and miscellaneous purposes, and 1 for not more than the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,165,110 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 208.00 4 (2) The additional full-time equivalent positions 5 authorized in this paragraph “b” shall include 3.50 security 6 staff, or comparable additional, full-time equivalent 7 positions. 8 2. Notwithstanding sections 218.78 and 249A.11 , any revenue 9 received from the state mental health institute at Cherokee or 10 the state mental health institute at Independence pursuant to 11 42 C.F.R §438.6(e) may be retained and expended by the mental 12 health institute. 13 3. Notwithstanding any provision of law to the contrary, 14 a Medicaid member residing at the state mental health 15 institute at Cherokee or the state mental health institute 16 at Independence shall retain Medicaid eligibility during 17 the period of the Medicaid member’s stay for which federal 18 financial participation is available. 19 4. Notwithstanding section 8.33 , moneys appropriated in 20 this section that remain unencumbered or unobligated at the 21 close of the fiscal year shall not revert but shall remain 22 available for expenditure for the purposes designated until the 23 close of the succeeding fiscal year. 24 Sec. 25. STATE RESOURCE CENTERS. 25 1. There is appropriated from the general fund of the 26 state to the department of human services for the fiscal year 27 beginning July 1, 2019, and ending June 30, 2020, the following 28 amounts, or so much thereof as is necessary, to be used for the 29 purposes designated: 30 a. For the state resource center at Glenwood for salaries, 31 support, maintenance, and miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,048,348 33 b. For the state resource center at Woodward for salaries, 34 support, maintenance, and miscellaneous purposes: 35 -50- H1323.2512 (4) 88 pf/rn 50/ 119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,872,356 1 2. The department may continue to bill for state resource 2 center services utilizing a scope of services approach used for 3 private providers of intermediate care facilities for persons 4 with an intellectual disability services, in a manner which 5 does not shift costs between the medical assistance program, 6 counties, or other sources of funding for the state resource 7 centers. 8 3. The state resource centers may expand the time-limited 9 assessment and respite services during the fiscal year. 10 4. If the department’s administration and the department 11 of management concur with a finding by a state resource 12 center’s superintendent that projected revenues can reasonably 13 be expected to pay the salary and support costs for a new 14 employee position, or that such costs for adding a particular 15 number of new positions for the fiscal year would be less 16 than the overtime costs if new positions would not be added, 17 the superintendent may add the new position or positions. If 18 the vacant positions available to a resource center do not 19 include the position classification desired to be filled, the 20 state resource center’s superintendent may reclassify any 21 vacant position as necessary to fill the desired position. The 22 superintendents of the state resource centers may, by mutual 23 agreement, pool vacant positions and position classifications 24 during the course of the fiscal year in order to assist one 25 another in filling necessary positions. 26 5. If existing capacity limitations are reached in 27 operating units, a waiting list is in effect for a service or 28 a special need for which a payment source or other funding 29 is available for the service or to address the special need, 30 and facilities for the service or to address the special need 31 can be provided within the available payment source or other 32 funding, the superintendent of a state resource center may 33 authorize opening not more than two units or other facilities 34 and begin implementing the service or addressing the special 35 -51- H1323.2512 (4) 88 pf/rn 51/ 119
need during fiscal year 2019-2020. 1 6. Notwithstanding section 8.33 , and notwithstanding 2 the amount limitation specified in section 222.92 , moneys 3 appropriated in this section that remain unencumbered or 4 unobligated at the close of the fiscal year shall not revert 5 but shall remain available for expenditure for the purposes 6 designated until the close of the succeeding fiscal year. 7 Sec. 26. SEXUALLY VIOLENT PREDATORS. 8 1. a. There is appropriated from the general fund of the 9 state to the department of human services for the fiscal year 10 beginning July 1, 2019, and ending June 30, 2020, the following 11 amount, or so much thereof as is necessary, to be used for the 12 purpose designated: 13 For costs associated with the commitment and treatment of 14 sexually violent predators in the unit located at the state 15 mental health institute at Cherokee, including costs of legal 16 services and other associated costs, including salaries, 17 support, maintenance, and miscellaneous purposes, and for not 18 more than the following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,053,093 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 139.00 21 b. The additional full-time equivalent positions authorized 22 in paragraph “a” shall include 7.00 clinical and support staff, 23 or comparable additional, full-time equivalent positions. 24 2. Unless specifically prohibited by law, if the amount 25 charged provides for recoupment of at least the entire amount 26 of direct and indirect costs, the department of human services 27 may contract with other states to provide care and treatment 28 of persons placed by the other states at the unit for sexually 29 violent predators at Cherokee. The moneys received under 30 such a contract shall be considered to be repayment receipts 31 and used for the purposes of the appropriation made in this 32 section. 33 3. Notwithstanding section 8.33 , moneys appropriated in 34 this section that remain unencumbered or unobligated at the 35 -52- H1323.2512 (4) 88 pf/rn 52/ 119
close of the fiscal year shall not revert but shall remain 1 available for expenditure for the purposes designated until the 2 close of the succeeding fiscal year. 3 Sec. 27. FIELD OPERATIONS. 4 1. There is appropriated from the general fund of the 5 state to the department of human services for the fiscal year 6 beginning July 1, 2019, and ending June 30, 2020, the following 7 amount, or so much thereof as is necessary, to be used for the 8 purposes designated: 9 For field operations, including salaries, support, 10 maintenance, and miscellaneous purposes, and for not more than 11 the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,396,906 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,539.00 14 2. The additional full-time equivalent positions authorized 15 in subsection 1 shall include 29.00 full-time equivalent staff 16 positions to relieve caseloads and 6.00 full-time equivalent 17 positions related to the eligibility integrated application 18 solution (ELIAS) system. 19 3. Priority in filling full-time equivalent positions 20 shall be given to those positions related to child protection 21 services and eligibility determination for low-income families. 22 Sec. 28. GENERAL ADMINISTRATION. There is appropriated 23 from the general fund of the state to the department of human 24 services for the fiscal year beginning July 1, 2019, and ending 25 June 30, 2020, the following amount, or so much thereof as is 26 necessary, to be used for the purpose designated: 27 For general administration, including salaries, support, 28 maintenance, and miscellaneous purposes, and for not more than 29 the following full-time equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,833,040 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 294.00 32 1. The department shall report at least monthly to the 33 legislative services agency concerning the department’s 34 operational and program expenditures. 35 -53- H1323.2512 (4) 88 pf/rn 53/ 119
2. Of the funds appropriated in this section, $150,000 shall 1 be used to continue the contract for the provision of a program 2 to provide technical assistance, support, and consultation to 3 providers of habilitation services and home and community-based 4 services waiver services for adults with disabilities under the 5 medical assistance program. 6 3. Of the funds appropriated in this section, $50,000 7 is transferred to the Iowa finance authority to be used 8 for administrative support of the council on homelessness 9 established in section 16.2D and for the council to fulfill its 10 duties in addressing and reducing homelessness in the state. 11 4. Of the funds appropriated in this section, $200,000 shall 12 be transferred to and deposited in the administrative fund of 13 the Iowa ABLE savings plan trust created in section 12I.4 , to 14 be used for implementation and administration activities of the 15 Iowa ABLE savings plan trust. 16 5. Of the funds appropriated in this section, $200,000 is 17 transferred to the economic development authority for the Iowa 18 commission on volunteer services to continue to be used for the 19 RefugeeRISE AmeriCorps program established under section 15H.8 20 for member recruitment and training to improve the economic 21 well-being and health of economically disadvantaged refugees in 22 local communities across Iowa. Funds transferred may be used 23 to supplement federal funds under federal regulations. 24 6. Of the funds appropriated in this section, up to $300,000 25 shall be used as follows: 26 a. To fund not more than one full-time equivalent position 27 to address the department’s responsibility to support the work 28 of the children’s system state board and implementation of the 29 services required pursuant to 2018 Iowa Acts, chapter 1056, 30 section 13. 31 b. To support the cost of establishing and implementing new 32 or additional services required pursuant to 2018 Iowa Acts, 33 chapter 1056, and any legislation enacted by the 2019 general 34 assembly establishing a children’s behavioral health system. 35 -54- H1323.2512 (4) 88 pf/rn 54/ 119
c. Of the amount allocated, $32,000 shall be transferred 1 to the department of public health to support the costs of 2 establishing and implementing new or additional services 3 required pursuant to 2018 Iowa Acts, chapter 1056, and any 4 legislation enacted by the 2019 general assembly establishing a 5 children’s behavioral health system. 6 Sec. 29. DEPARTMENT-WIDE DUTIES. There is appropriated 7 from the general fund of the state to the department of human 8 services for the fiscal year beginning July 1, 2019, and ending 9 June 30, 2020, the following amount, or so much thereof as is 10 necessary, to be used for the purposes designated: 11 For salaries, support, maintenance, and miscellaneous 12 purposes at facilities under the purview of the department of 13 human services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,879,274 15 Sec. 30. VOLUNTEERS. There is appropriated from the general 16 fund of the state to the department of human services for the 17 fiscal year beginning July 1, 2019, and ending June 30, 2020, 18 the following amount, or so much thereof as is necessary, to be 19 used for the purpose designated: 20 For development and coordination of volunteer services: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,686 22 Sec. 31. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 23 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 24 DEPARTMENT OF HUMAN SERVICES. 25 1. a. (1) (a) For the fiscal year beginning July 1, 26 2019, the department shall rebase case-mix nursing facility 27 rates effective July 1, 2019, to the extent possible within the 28 state funding, including the $23,401,942, appropriated for this 29 purpose. 30 (b) For the fiscal year beginning July 1, 2019, non-case-mix 31 and special population nursing facilities shall be reimbursed 32 in accordance with the methodology in effect on June 30 of the 33 prior fiscal year. 34 (c) For managed care claims, the department of human 35 -55- H1323.2512 (4) 88 pf/rn 55/ 119
services shall adjust the payment rate floor for nursing 1 facilities, annually, to maintain a rate floor that is no 2 lower than the Medicaid fee-for-service case-mix adjusted 3 rate calculated in accordance with subparagraph division 4 (a) and 441 IAC 81.6 . The department shall then calculate 5 adjusted reimbursement rates, including but not limited to 6 add-on-payments, annually, and shall notify Medicaid managed 7 care organizations of the adjusted reimbursement rates within 8 30 days of determining the adjusted reimbursement rates. Any 9 adjustment of reimbursement rates under this subparagraph 10 division shall be budget neutral to the state budget. 11 (d) For the fiscal year beginning July 1, 2019, Medicaid 12 managed care long-term services and supports capitation 13 rates shall be adjusted to reflect the rebasing pursuant to 14 subparagraph division (a) for the patient populations residing 15 in Medicaid-certified nursing facilities. 16 (2) Medicaid managed care organizations shall adjust 17 facility-specific rates based upon payment rate listings issued 18 by the department. The rate adjustments shall be applied 19 prospectively from the effective date of the rate letter issued 20 by the department. 21 b. (1) For the fiscal year beginning July 1, 2019, 22 the department shall establish the pharmacy dispensing fee 23 reimbursement at $10.07 per prescription, until a cost of 24 dispensing survey is completed. The actual dispensing fee 25 shall be determined by a cost of dispensing survey performed 26 by the department and required to be completed by all medical 27 assistance program participating pharmacies every two years, 28 adjusted as necessary to maintain expenditures within the 29 amount appropriated to the department for this purpose for the 30 fiscal year. 31 (2) The department shall utilize an average acquisition 32 cost reimbursement methodology for all drugs covered under the 33 medical assistance program in accordance with 2012 Iowa Acts, 34 chapter 1133, section 33 . 35 -56- H1323.2512 (4) 88 pf/rn 56/ 119
c. (1) For the fiscal year beginning July 1, 2019, 1 reimbursement rates for outpatient hospital services shall 2 remain at the rates in effect on June 30, 2019, subject to 3 Medicaid program upper payment limit rules, and adjusted 4 as necessary to maintain expenditures within the amount 5 appropriated to the department for this purpose for the fiscal 6 year. 7 (2) For the fiscal year beginning July 1, 2019, 8 reimbursement rates for inpatient hospital services shall 9 remain at the rates in effect on June 30, 2019, subject to 10 Medicaid program upper payment limit rules, and adjusted 11 as necessary to maintain expenditures within the amount 12 appropriated to the department for this purpose for the fiscal 13 year. 14 (3) For the fiscal year beginning July 1, 2019, under 15 both fee-for-service and managed care administration of the 16 Medicaid program, critical access hospitals shall be reimbursed 17 for inpatient and outpatient services based on a critical 18 access hospital adjustment factor methodology developed by 19 the department. The adjustment factor methodology shall 20 be hospital-specific, shall be based on the most recent 21 and complete cost reporting period, and shall be applied 22 prospectively within the funds appropriated for such purpose 23 for the fiscal year. Implementation of the critical access 24 hospital adjustment factor methodology shall be contingent 25 on the department’s receipt of approval from the centers for 26 Medicare and Medicaid services of the United States department 27 of health and human services. 28 (4) For the fiscal year beginning July 1, 2019, the graduate 29 medical education and disproportionate share hospital fund 30 shall remain at the amount in effect on June 30, 2019, except 31 that the portion of the fund attributable to graduate medical 32 education shall be reduced in an amount that reflects the 33 elimination of graduate medical education payments made to 34 out-of-state hospitals. 35 -57- H1323.2512 (4) 88 pf/rn 57/ 119
(5) In order to ensure the efficient use of limited state 1 funds in procuring health care services for low-income Iowans, 2 funds appropriated in this Act for hospital services shall 3 not be used for activities which would be excluded from a 4 determination of reasonable costs under the federal Medicare 5 program pursuant to 42 U.S.C. §1395x(v)(1)(N). 6 d. For the fiscal year beginning July 1, 2019, reimbursement 7 rates for hospices and acute psychiatric hospitals shall be 8 increased in accordance with increases under the federal 9 Medicare program or as supported by their Medicare audited 10 costs. 11 e. For the fiscal year beginning July 1, 2019, independent 12 laboratories and rehabilitation agencies shall be reimbursed 13 using the same methodology in effect on June 30, 2019. 14 f. (1) For the fiscal year beginning July 1, 2019, 15 reimbursement rates for home health agencies shall continue to 16 be based on the Medicare low utilization payment adjustment 17 (LUPA) methodology with state geographic wage adjustments. 18 The department shall continue to update the rates every two 19 years to reflect the most recent Medicare LUPA rates to the 20 extent possible within the state funding appropriated for this 21 purpose. 22 (2) For the fiscal year beginning July 1, 2019, rates for 23 private duty nursing and personal care services under the early 24 and periodic screening, diagnostic, and treatment program 25 benefit shall be calculated based on the methodology in effect 26 on June 30, 2019. 27 g. For the fiscal year beginning July 1, 2019, federally 28 qualified health centers and rural health clinics shall receive 29 cost-based reimbursement for 100 percent of the reasonable 30 costs for the provision of services to recipients of medical 31 assistance. 32 h. For the fiscal year beginning July 1, 2019, the 33 reimbursement rates for dental services shall remain at the 34 rates in effect on June 30, 2019. 35 -58- H1323.2512 (4) 88 pf/rn 58/ 119
i. (1) For the fiscal year beginning July 1, 2019, 1 reimbursement rates for non-state-owned psychiatric medical 2 institutions for children shall be based on the reimbursement 3 methodology in effect on June 30, 2019. 4 (2) As a condition of participation in the medical 5 assistance program, enrolled providers shall accept the medical 6 assistance reimbursement rate for any covered goods or services 7 provided to recipients of medical assistance who are children 8 under the custody of a psychiatric medical institution for 9 children. 10 j. For the fiscal year beginning July 1, 2019, unless 11 otherwise specified in this Act, all noninstitutional medical 12 assistance provider reimbursement rates shall remain at the 13 rates in effect on June 30, 2019, except for area education 14 agencies, local education agencies, infant and toddler 15 services providers, home and community-based services providers 16 including consumer-directed attendant care providers under a 17 section 1915(c) or 1915(i) waiver, targeted case management 18 providers, and those providers whose rates are required to be 19 determined pursuant to section 249A.20 , or to meet federal 20 mental health parity requirements. 21 k. Notwithstanding any provision to the contrary, for the 22 fiscal year beginning July 1, 2019, the reimbursement rate for 23 anesthesiologists shall remain at the rates in effect on June 24 30, 2019, and updated on January 1, 2020, to align with the 25 most current Iowa Medicare anesthesia rate. 26 l. Notwithstanding section 249A.20 , for the fiscal year 27 beginning July 1, 2019, the average reimbursement rate for 28 health care providers eligible for use of the federal Medicare 29 resource-based relative value scale reimbursement methodology 30 under section 249A.20 shall remain at the rate in effect on 31 June 30, 2019; however, this rate shall not exceed the maximum 32 level authorized by the federal government. 33 m. For the fiscal year beginning July 1, 2019, the 34 reimbursement rate for residential care facilities shall not 35 -59- H1323.2512 (4) 88 pf/rn 59/ 119
be less than the minimum payment level as established by the 1 federal government to meet the federally mandated maintenance 2 of effort requirement. The flat reimbursement rate for 3 facilities electing not to file annual cost reports shall not 4 be less than the minimum payment level as established by the 5 federal government to meet the federally mandated maintenance 6 of effort requirement. 7 n. For the fiscal year beginning July 1, 2019, the 8 reimbursement rates for inpatient mental health services 9 provided at hospitals shall remain at the rates in effect on 10 June 30, 2019, subject to Medicaid program upper payment limit 11 rules; and psychiatrists shall be reimbursed at the medical 12 assistance program fee-for-service rate in effect on June 30, 13 2019. 14 o. For the fiscal year beginning July 1, 2019, community 15 mental health centers may choose to be reimbursed for the 16 services provided to recipients of medical assistance through 17 either of the following options: 18 (1) For 100 percent of the reasonable costs of the services. 19 (2) In accordance with the alternative reimbursement rate 20 methodology approved by the department of human services in 21 effect on June 30, 2019. 22 p. For the fiscal year beginning July 1, 2019, the 23 reimbursement rate for providers of family planning services 24 that are eligible to receive a 90 percent federal match shall 25 remain at the rates in effect on June 30, 2019. 26 q. Unless otherwise subject to a tiered rate methodology, 27 for the fiscal year beginning July 1, 2019, the upper 28 limits and reimbursement rates for providers of home and 29 community-based services waiver services shall be reimbursed 30 using the reimbursement methodology in effect on June 30, 2019. 31 r. For the fiscal year beginning July 1, 2019, the 32 reimbursement rates for emergency medical service providers 33 shall remain at the rates in effect on June 30, 2019, or as 34 approved by the centers for Medicare and Medicaid services of 35 -60- H1323.2512 (4) 88 pf/rn 60/ 119
the United States department of health and human services. 1 s. For the fiscal year beginning July 1, 2019, reimbursement 2 rates for substance-related disorder treatment programs 3 licensed under section 125.13 shall remain at the rates in 4 effect on June 30, 2019. 5 t. For the fiscal year beginning July 1, 2019, assertive 6 community treatment per diem rates shall be adjusted to reflect 7 an actual average per diem cost within the additional $211,332 8 appropriated for this purpose. 9 2. For the fiscal year beginning July 1, 2019, the 10 reimbursement rate for providers reimbursed under the 11 in-home-related care program shall not be less than the minimum 12 payment level as established by the federal government to meet 13 the federally mandated maintenance of effort requirement. 14 3. Unless otherwise directed in this section, when the 15 department’s reimbursement methodology for any provider 16 reimbursed in accordance with this section includes an 17 inflation factor, this factor shall not exceed the amount 18 by which the consumer price index for all urban consumers 19 increased during the calendar year ending December 31, 2002. 20 4. Notwithstanding section 234.38 , for the fiscal 21 year beginning July 1, 2019, the foster family basic daily 22 maintenance rate and the maximum adoption subsidy rate for 23 children ages 0 through 5 years shall be $16.78, the rate for 24 children ages 6 through 11 years shall be $17.45, the rate for 25 children ages 12 through 15 years shall be $19.10, and the 26 rate for children and young adults ages 16 and older shall 27 be $19.35. For youth ages 18 to 21 who have exited foster 28 care, the preparation for adult living program maintenance rate 29 shall be $602.70 per month. The maximum payment for adoption 30 subsidy nonrecurring expenses shall be limited to $500 and the 31 disallowance of additional amounts for court costs and other 32 related legal expenses implemented pursuant to 2010 Iowa Acts, 33 chapter 1031, section 408 , shall be continued. 34 5. For the fiscal year beginning July 1, 2019, the maximum 35 -61- H1323.2512 (4) 88 pf/rn 61/ 119
reimbursement rates for social services providers under 1 contract shall remain at the rates in effect on June 30, 2019, 2 or the provider’s actual and allowable cost plus inflation for 3 each service, whichever is less. However, if a new service 4 or service provider is added after June 30, 2019, the initial 5 reimbursement rate for the service or provider shall be based 6 upon a weighted average of provider rates for similar services. 7 6. a. For the fiscal year beginning July 1, 2019, the 8 reimbursement rates for resource family recruitment and 9 retention contractors shall be established by contract. 10 b. For the fiscal year beginning July 1, 2019, the 11 reimbursement rates for supervised apartment living foster care 12 providers shall be established by contract. 13 7. For the fiscal year beginning July 1, 2019, the 14 reimbursement rate for group foster care providers shall be the 15 combined service and maintenance reimbursement rate established 16 by contract. 17 8. The group foster care reimbursement rates paid for 18 placement of children out of state shall be calculated 19 according to the same rate-setting principles as those used for 20 in-state providers, unless the director of human services or 21 the director’s designee determines that appropriate care cannot 22 be provided within the state. The payment of the daily rate 23 shall be based on the number of days in the calendar month in 24 which service is provided. 25 9. a. For the fiscal year beginning July 1, 2019, the 26 reimbursement rate paid for shelter care and the child welfare 27 emergency services implemented to provide or prevent the need 28 for shelter care shall be established by contract. 29 b. For the fiscal year beginning July 1, 2019, the combined 30 service and maintenance components of the reimbursement rate 31 paid for shelter care services shall be based on the financial 32 and statistical report submitted to the department. The 33 maximum reimbursement rate shall be $101.83 per day. The 34 department shall reimburse a shelter care provider at the 35 -62- H1323.2512 (4) 88 pf/rn 62/ 119
provider’s actual and allowable unit cost, plus inflation, not 1 to exceed the maximum reimbursement rate. 2 c. Notwithstanding section 232.141, subsection 8 , for the 3 fiscal year beginning July 1, 2019, the amount of the statewide 4 average of the actual and allowable rates for reimbursement of 5 juvenile shelter care homes that is utilized for the limitation 6 on recovery of unpaid costs shall remain at the amount in 7 effect for this purpose in the fiscal year beginning July 1, 8 2018. 9 10. For the fiscal year beginning July 1, 2019, the 10 department shall calculate reimbursement rates for intermediate 11 care facilities for persons with an intellectual disability 12 at the 80th percentile. Beginning July 1, 2019, the rate 13 calculation methodology shall utilize the consumer price index 14 inflation factor applicable to the fiscal year beginning July 15 1, 2019. 16 11. Effective July 1, 2019, the child care provider 17 reimbursement rates shall remain at the rates in effect on June 18 30, 2019. The department shall set rates in a manner so as 19 to provide incentives for a nonregistered provider to become 20 registered by applying any increase only to registered and 21 licensed providers. 22 12. The department may adopt emergency rules to implement 23 this section. 24 Sec. 32. CONTRACTED SERVICES —— PROHIBITED USE OF STATE 25 FUNDING FOR LOBBYING. 26 1. The department shall submit a report to the individuals 27 identified in this Act for submission of reports by December 28 15, 2019, regarding the outcomes of any program or activity for 29 which funding is appropriated or allocated from the general 30 fund of the state to the department under this division of this 31 Act, and for which a request for proposals process is required. 32 2. The department shall incorporate into the general 33 conditions applicable to all award documents involving funding 34 appropriated or allocated from the general fund of the state to 35 -63- H1323.2512 (4) 88 pf/rn 63/ 119
the department under this division of this Act, a prohibition 1 against the use of such funding for the compensation of a 2 lobbyist. For the purposes of this section, “lobbyist” means 3 the same as defined in section 68B.2; however, “lobbyist” 4 does not include a person employed by a state agency of the 5 executive branch of state government who represents the agency 6 relative to the passage, defeat, approval, or modification of 7 legislation that is being considered by the general assembly. 8 Sec. 33. EMERGENCY RULES. 9 1. If specifically authorized by a provision of this 10 division of this Act, the department of human services or 11 the mental health and disability services commission may 12 adopt administrative rules under section 17A.4, subsection 13 3 , and section 17A.5, subsection 2 , paragraph “b”, to 14 implement the provisions of this division of this Act and 15 the rules shall become effective immediately upon filing or 16 on a later effective date specified in the rules, unless the 17 effective date of the rules is delayed or the applicability 18 of the rules is suspended by the administrative rules review 19 committee. Any rules adopted in accordance with this section 20 shall not take effect before the rules are reviewed by the 21 administrative rules review committee. The delay authority 22 provided to the administrative rules review committee under 23 section 17A.4, subsection 7 , and section 17A.8, subsection 9 , 24 shall be applicable to a delay imposed under this section, 25 notwithstanding a provision in those sections making them 26 inapplicable to section 17A.5, subsection 2 , paragraph “b”. 27 Any rules adopted in accordance with the provisions of this 28 section shall also be published as a notice of intended action 29 as provided in section 17A.4 . 30 2. If during a fiscal year, the department of human 31 services is adopting rules in accordance with this section 32 or as otherwise directed or authorized by state law, and the 33 rules will result in an expenditure increase beyond the amount 34 anticipated in the budget process or if the expenditure was 35 -64- H1323.2512 (4) 88 pf/rn 64/ 119
not addressed in the budget process for the fiscal year, the 1 department shall notify the persons designated by this division 2 of this Act for submission of reports, the chairpersons and 3 ranking members of the committees on appropriations, and 4 the department of management concerning the rules and the 5 expenditure increase. The notification shall be provided at 6 least 30 calendar days prior to the date notice of the rules 7 is submitted to the administrative rules coordinator and the 8 administrative code editor. 9 Sec. 34. REPORTS. Any reports or other information 10 required to be compiled and submitted under this Act during the 11 fiscal year beginning July 1, 2019, shall be submitted to the 12 chairpersons and ranking members of the joint appropriations 13 subcommittee on health and human services, the legislative 14 services agency, and the legislative caucus staffs on or 15 before the dates specified for submission of the reports or 16 information. 17 Sec. 35. EFFECTIVE UPON ENACTMENT. The following 18 provisions of this division of this Act, being deemed of 19 immediate importance, take effect upon enactment: 20 1. The provision relating to section 232.141 and directing 21 the state court administrator and the division administrator of 22 the department of human services division of child and family 23 services to make the determination, by June 15, 2019, of the 24 distribution of funds allocated for the payment of the expenses 25 of court-ordered services provided to juveniles which are a 26 charge upon the state. 27 DIVISION VI 28 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2019-2020 29 Sec. 36. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 30 appropriated from the pharmaceutical settlement account created 31 in section 249A.33 to the department of human services for the 32 fiscal year beginning July 1, 2019, and ending June 30, 2020, 33 the following amount, or so much thereof as is necessary, to be 34 used for the purpose designated: 35 -65- H1323.2512 (4) 88 pf/rn 65/ 119
Notwithstanding any provision of law to the contrary, to 1 supplement the appropriations made in this Act for medical 2 contracts under the medical assistance program for the fiscal 3 year beginning July 1, 2019, and ending June 30, 2020: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,193 5 Sec. 37. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 6 SERVICES. Notwithstanding any provision to the contrary and 7 subject to the availability of funds, there is appropriated 8 from the quality assurance trust fund created in section 9 249L.4 to the department of human services for the fiscal year 10 beginning July 1, 2019, and ending June 30, 2020, the following 11 amounts, or so much thereof as is necessary, for the purposes 12 designated: 13 To supplement the appropriation made in this Act from the 14 general fund of the state to the department of human services 15 for medical assistance for the same fiscal year: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58,570,397 17 Sec. 38. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 18 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 19 the contrary and subject to the availability of funds, there is 20 appropriated from the hospital health care access trust fund 21 created in section 249M.4 to the department of human services 22 for the fiscal year beginning July 1, 2019, and ending June 23 30, 2020, the following amounts, or so much thereof as is 24 necessary, for the purposes designated: 25 To supplement the appropriation made in this Act from the 26 general fund of the state to the department of human services 27 for medical assistance for the same fiscal year: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,920,554 29 Sec. 39. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 30 FOR FY 2019-2020. Notwithstanding section 8.33 , if moneys 31 appropriated for purposes of the medical assistance program for 32 the fiscal year beginning July 1, 2019, and ending June 30, 33 2020, from the general fund of the state, the quality assurance 34 trust fund, and the hospital health care access trust fund, are 35 -66- H1323.2512 (4) 88 pf/rn 66/ 119
in excess of actual expenditures for the medical assistance 1 program and remain unencumbered or unobligated at the close 2 of the fiscal year, the excess moneys shall not revert but 3 shall remain available for expenditure for the purposes of the 4 medical assistance program until the close of the succeeding 5 fiscal year. 6 DIVISION VII 7 GRADUATED SANCTION, COURT-ORDERED, AND GROUP FOSTER CARE 8 SERVICES AND FUNDING WORK GROUP 9 Sec. 40. GRADUATED SANCTION, COURT-ORDERED, AND GROUP 10 FOSTER CARE SERVICES AND FUNDING WORK GROUP. 11 1. As used in this section, unless the context otherwise 12 requires: 13 a. “Court-ordered services” means the defined or specific 14 care and treatment that is ordered by the court for an eligible 15 child and for which no other payment source is available to 16 cover the cost. 17 b. “Department” means the department of human services. 18 c. “Eligible child” means a child who has been adjudicated 19 delinquent, is at risk, or has been certified by the chief 20 juvenile court officer as eligible for court-ordered services. 21 d. “Graduated sanction services” includes community-based 22 interventions, school-based supervision, and supportive 23 enhancements provided in community-based settings to an 24 eligible child who is adjudicated delinquent or who is at risk 25 of adjudication. 26 2. The division of criminal and juvenile justice planning 27 of the department of human rights shall convene and provide 28 administrative support to a work group to review and develop 29 a plan to transfer the administration of graduated sanctions 30 and court-ordered services and funding and the oversight of 31 group foster care placements for eligible children from the 32 department to the office of the state court administrator. 33 The plan shall ensure that the office of the state court 34 administrator has the capacity, resources, and expertise to 35 -67- H1323.2512 (4) 88 pf/rn 67/ 119
manage the funding and services effectively. 1 3. a. In addition to a representative of the division of 2 criminal and juvenile justice planning of the department of 3 human rights, the membership of the work group shall include 4 but is not limited to representatives of all of the following: 5 (1) The judicial branch, including the state court 6 administrator or the state court administrator’s designee, 7 a juvenile court judge, at least one chief juvenile court 8 officer, and a representative with fiscal and contract 9 experience. 10 (2) The department of human services, including 11 representatives with experience managing graduated sanctions 12 funding and group foster care placements. 13 (3) The department of justice. 14 (4) The juvenile justice advisory committee. 15 (5) Member and nonmember agencies of the coalition for 16 family and children’s services in Iowa. 17 (6) Providers of community-based services for eligible 18 children. 19 (7) Providers of group foster care. 20 (8) Attorneys who represent children in juvenile justice 21 proceedings. 22 (9) County attorneys. 23 (10) Federal Title IV-E funding and services subject matter 24 experts. 25 (11) Individuals who formerly received services as eligible 26 children or their parents. 27 b. In addition, the work group membership shall include 28 four members of the general assembly. The legislative members 29 shall serve as ex officio, nonvoting members of the work group, 30 with one member to be appointed by each of the following: the 31 majority leader of the senate, the minority leader of the 32 senate, the speaker of the house of representatives, and the 33 minority leader of the house of representatives. 34 c. In addition to the members specified, the division 35 -68- H1323.2512 (4) 88 pf/rn 68/ 119
of criminal and juvenile justice planning may include other 1 stakeholders with interest or expertise on the work group. 2 d. Any expenses incurred by a member of the work group 3 shall be the responsibility of the individual member or the 4 respective entity represented by the member. 5 4. The work group shall do all of the following: 6 a. Develop an action plan to transfer the administration 7 of juvenile court graduated sanction services, court-ordered 8 services, and associated funding from the department to the 9 office of the state court administrator or other appropriate 10 state entity. 11 b. Develop an action plan to transfer the oversight of 12 group foster care services for eligible children from the 13 department to the office of the state court administrator or 14 other appropriate state entity with the necessary expertise to 15 provide such services. 16 c. Develop an action plan to transfer administration of the 17 juvenile detention home fund created in section 232.142 from 18 the department to the office of the state court administrator 19 or other appropriate state entity. 20 d. Evaluate current resources to determine the most 21 efficient means of suitably equipping the office of the state 22 court administrator or other appropriate state entity with 23 the policies and legal authority; staffing; contracting, 24 procurement, data, and quality assurance capabilities; 25 and other resources necessary to manage such funds and 26 associated services effectively. The evaluation shall 27 require collaboration with the department to manage transition 28 activities. 29 e. Recommend statutory and administrative policies and 30 court rules to promote collaborative case planning and quality 31 assurance between the department and juvenile court services 32 for youth who may be involved in both the child welfare and 33 juvenile justice systems or who may utilize the same providers 34 or services. 35 -69- H1323.2512 (4) 88 pf/rn 69/ 119
f. Determine the impact and role of the federal Family 1 First Prevention Services Act relative to the various funding 2 streams and services under the purview of the work group, and 3 recommend statutory and administrative policies and rules to 4 coordinate the duties of the work group with implementation and 5 administration of the federal Act. 6 g. Determine the role of the decategorization of child 7 welfare and juvenile justice funding initiative pursuant 8 to section 232.188 relative to the other funding streams 9 and services under the purview of the work group, and make 10 recommendations regarding the future of the initiative 11 including the potential transfer of administration of the 12 initiative from the department to the office of the state court 13 administrator or other appropriate state entity. 14 h. Consult with other state juvenile court systems and 15 subject matter experts to review administration of similar 16 programs, to glean information on lessons learned and best 17 practices, and to determine the types of community and 18 residential services that have demonstrated effectiveness for 19 eligible children. 20 5. The division of criminal and juvenile justice planning 21 of the department of human rights shall submit a report of the 22 findings and recommendations of the work group, including a 23 plan to implement the recommendations by July 1, 2021, to the 24 governor and the general assembly by December 15, 2019. 25 DIVISION VIII 26 CO-OCCURRING CONDITIONS —— ENHANCED DELIVERY OF SERVICES REVIEW 27 Sec. 41. REVIEW TO PROVIDE ENHANCED DELIVERY OF SERVICES 28 FOR CO-OCCURRING CONDITIONS. The director of the department 29 of public health and the director of the department of human 30 services shall develop recommendations for the enhanced 31 delivery of co-occurring conditions services. The directors 32 shall examine the current service delivery system to identify 33 opportunities for reducing the administrative burden on the 34 departments and providers, evaluate the use of an integrated 35 -70- H1323.2512 (4) 88 pf/rn 70/ 119
helpline and website and improvements in data collection 1 and sharing of outcomes, and create a structure for ongoing 2 collaboration. The directors shall submit a report including 3 findings, a five-year plan to address co-occurring conditions 4 across provider types and payors, and other recommendations to 5 the governor and general assembly by December 15, 2019. 6 DIVISION IX 7 MEDICAID MANAGED CARE CONTRACTS 8 Sec. 42. MEDICAID MANAGED CARE CONTRACTS —— NOTIFICATION 9 TO GENERAL ASSEMBLY. The department of human services shall 10 notify the chairpersons and ranking members of the joint 11 appropriations subcommittee on health and human services, the 12 legislative services agency, and the legislative caucus staffs 13 as follows: 14 1. Within thirty days of the execution of a Medicaid managed 15 care contract or amendment to a Medicaid managed care contract. 16 2. Within thirty days of the determination by the 17 department during each measurement year whether to return the 18 incentive payment withhold amount to the Medicaid managed care 19 organization based upon performance and the criteria used in 20 making the determination. 21 DIVISION X 22 IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING 23 Sec. 43. IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING. The 24 department on aging and the department of human services shall 25 continue to collaborate to develop a cost allocation plan 26 requesting Medicaid administrative funding to provide for the 27 claiming of federal financial participation for aging and 28 disability resource center activities that are performed to 29 assist with administration of the Medicaid program. By January 30 1, 2021, the department of human services shall submit to 31 the centers for Medicare and Medicaid services of the United 32 States department of health and human services any Medicaid 33 state plan amendment as necessary and shall enter into any 34 interagency agreement with the department on aging to implement 35 -71- H1323.2512 (4) 88 pf/rn 71/ 119
this section. 1 DIVISION XI 2 DECATEGORIZATION FY 2017 CARRYOVER FUNDING 3 Sec. 44. DECATEGORIZATION CARRYOVER FUNDING FY 2017 —— 4 TRANSFER TO MEDICAID PROGRAM. Notwithstanding section 232.188, 5 subsection 5, paragraph “b”, any state-appropriated moneys in 6 the funding pool that remained unencumbered or unobligated 7 at the close of the fiscal year beginning July 1, 2016, and 8 were deemed carryover funding to remain available for the two 9 succeeding fiscal years that still remain unencumbered or 10 unobligated at the close of the fiscal year beginning July 1, 11 2018, shall not revert but shall be transferred to the medical 12 assistance program for the fiscal year beginning July 1, 2019. 13 Sec. 45. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. 15 Sec. 46. RETROACTIVE APPLICABILITY. This division of this 16 Act applies retroactively to July 1, 2018. 17 DIVISION XII 18 PRIOR APPROPRIATIONS AND OTHER PROVISIONS 19 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) 20 Sec. 47. 2017 Iowa Acts, chapter 174, section 45, as amended 21 by 2018 Iowa Acts, chapter 1165, section 10, is amended to read 22 as follows: 23 SEC. 45. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 24 GRANT. There is appropriated from the fund created in section 25 8.41 to the department of human services for the fiscal year 26 beginning July 1, 2018, and ending June 30, 2019, from moneys 27 received under the federal temporary assistance for needy 28 families (TANF) block grant pursuant to the federal Personal 29 Responsibility and Work Opportunity Reconciliation Act of 1996, 30 Pub. L. No. 104-193, and successor legislation, the following 31 amounts, or so much thereof as is necessary, to be used for the 32 purposes designated: 33 1. To be credited to the family investment program account 34 and used for assistance under the family investment program 35 -72- H1323.2512 (4) 88 pf/rn 72/ 119
under chapter 239B : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,539,006 2 4,025,108 3 2. To be credited to the family investment program account 4 and used for the job opportunities and basic skills (JOBS) 5 program and implementing family investment agreements in 6 accordance with chapter 239B : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,412,060 8 5,192,060 9 3. To be used for the family development and 10 self-sufficiency grant program in accordance with section 11 216A.107 : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,883,980 13 2,898,980 14 Notwithstanding section 8.33 , moneys appropriated in this 15 subsection that remain unencumbered or unobligated at the close 16 of the fiscal year shall not revert but shall remain available 17 for expenditure for the purposes designated until the close of 18 the succeeding fiscal year. However, unless such moneys are 19 encumbered or obligated on or before September 30, 2019, the 20 moneys shall revert. 21 4. For field operations: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 23 32,465,681 24 5. For general administration: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 26 6. For state child care assistance: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,166,826 28 a. Of the funds appropriated in this subsection, 29 $26,205,412 is transferred to the child care and development 30 block grant appropriation made by the Eighty-seventh General 31 Assembly, 2018 session, for the federal fiscal year beginning 32 October 1, 2018, and ending September 30, 2019. Of this 33 amount, $200,000 shall be used for provision of educational 34 opportunities to registered child care home providers in order 35 -73- H1323.2512 (4) 88 pf/rn 73/ 119
to improve services and programs offered by this category 1 of providers and to increase the number of providers. The 2 department may contract with institutions of higher education 3 or child care resource and referral centers to provide 4 the educational opportunities. Allowable administrative 5 costs under the contracts shall not exceed 5 percent. The 6 application for a grant shall not exceed two pages in length. 7 b. Any funds appropriated in this subsection remaining 8 unallocated shall be used for state child care assistance 9 payments for families who are employed including but not 10 limited to individuals enrolled in the family investment 11 program. 12 7. For child and family services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 14 8. For child abuse prevention grants: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 16 9. For pregnancy prevention grants on the condition that 17 family planning services are funded: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,913,203 19 1,890,203 20 Pregnancy prevention grants shall be awarded to programs 21 in existence on or before July 1, 2018, if the programs have 22 demonstrated positive outcomes. Grants shall be awarded to 23 pregnancy prevention programs which are developed after July 24 1, 2018, if the programs are based on existing models that 25 have demonstrated positive outcomes. Grants shall comply with 26 the requirements provided in 1997 Iowa Acts, chapter 208, 27 section 14, subsections 1 and 2 , including the requirement that 28 grant programs must emphasize sexual abstinence. Priority in 29 the awarding of grants shall be given to programs that serve 30 areas of the state which demonstrate the highest percentage of 31 unplanned pregnancies of females of childbearing age within the 32 geographic area to be served by the grant. 33 10. For technology needs and other resources necessary 34 to meet federal welfare reform reporting, tracking, and case 35 -74- H1323.2512 (4) 88 pf/rn 74/ 119
management requirements: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 2 862,186 3 11. a. Notwithstanding any provision to the contrary, 4 including but not limited to requirements in section 8.41 or 5 provisions in 2017 or 2018 Iowa Acts regarding the receipt and 6 appropriation of federal block grants, federal funds from the 7 temporary assistance for needy families block grant received by 8 the state and not otherwise appropriated in this section and 9 remaining available for the fiscal year beginning July 1, 2018, 10 are appropriated to the department of human services to the 11 extent as may be necessary to be used in the following priority 12 order: the family investment program, for state child care 13 assistance program payments for families who are employed, and 14 for the family investment program share of system costs for 15 eligibility determination and related functions. The federal 16 funds appropriated in this paragraph “a” shall be expended 17 only after all other funds appropriated in subsection 1 for 18 assistance under the family investment program, in subsection 6 19 for child care assistance, or in subsection 10 for technology 20 costs related to the family investment program, as applicable, 21 have been expended. For the purposes of this subsection, the 22 funds appropriated in subsection 6, paragraph “a”, for transfer 23 to the child care and development block grant appropriation 24 are considered fully expended when the full amount has been 25 transferred. 26 b. The department shall, on a quarterly basis, advise the 27 legislative services agency and department of management of 28 the amount of funds appropriated in this subsection that was 29 expended in the prior quarter. 30 12. Of the amounts appropriated in this section, 31 $12,962,008 for the fiscal year beginning July 1, 2018, is 32 transferred to the appropriation of the federal social services 33 block grant made to the department of human services for that 34 fiscal year. 35 -75- H1323.2512 (4) 88 pf/rn 75/ 119
13. For continuation of the program providing categorical 1 eligibility for the food assistance program as specified 2 for the program in the section of this division of this Act 3 relating to the family investment program account: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,236 5 13,000 6 14. The department may transfer funds allocated in this 7 section to the appropriations made in this division of this Act 8 for the same fiscal year for general administration and field 9 operations for resources necessary to implement and operate the 10 services referred to in this section and those funded in the 11 appropriation made in this division of this Act for the same 12 fiscal year for the family investment program from the general 13 fund of the state. 14 15. With the exception of moneys allocated under this 15 section for the family development and self-sufficiency grant 16 program, to the extent moneys allocated in this section are 17 deemed by the department not to be necessary to support the 18 purposes for which they are allocated, such moneys may be 19 used in the same fiscal year for any other purpose for which 20 funds are allocated in this section or in section 7 of this 21 division for the family investment program account. If there 22 are conflicting needs, priority shall first be given to the 23 family investment program account as specified under subsection 24 1 of this section and used for the purposes of assistance under 25 the family investment program under chapter 239B , followed by 26 state child care assistance program payments for families who 27 are employed, followed by other priorities as specified by the 28 department. 29 FAMILY INVESTMENT PROGRAM ADJUSTMENTS 30 Sec. 48. 2017 Iowa Acts, chapter 174, section 46, subsection 31 4, as amended by 2018 Iowa Acts, chapter 1165, section 11, is 32 amended to read as follows: 33 4. Moneys appropriated in this division of this Act and 34 credited to the FIP account for the fiscal year beginning July 35 -76- H1323.2512 (4) 88 pf/rn 76/ 119
1, 2018, and ending June 30, 2019, are allocated as follows: 1 a. To be retained by the department of human services to 2 be used for coordinating with the department of human rights 3 to more effectively serve participants in FIP and other shared 4 clients and to meet federal reporting requirements under the 5 federal temporary assistance for needy families block grant: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000 7 20,000 8 b. To the department of human rights for staffing, 9 administration, and implementation of the family development 10 and self-sufficiency grant program in accordance with section 11 216A.107 : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,192,834 13 (1) Of the funds allocated for the family development 14 and self-sufficiency grant program in this paragraph “b”, 15 not more than 5 percent of the funds shall be used for the 16 administration of the grant program. 17 (2) The department of human rights may continue to implement 18 the family development and self-sufficiency grant program 19 statewide during fiscal year 2018-2019. 20 (3) The department of human rights may engage in activities 21 to strengthen and improve family outcomes measures and 22 data collection systems under the family development and 23 self-sufficiency grant program. 24 c. For the diversion subaccount of the FIP account: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 749,694 26 815,000 27 A portion of the moneys allocated for the subaccount may 28 be used for field operations, salaries, data management 29 system development, and implementation costs and support 30 deemed necessary by the director of human services in order to 31 administer the FIP diversion program. To the extent moneys 32 allocated in this paragraph “c” are deemed by the department 33 not to be necessary to support diversion activities, such 34 moneys may be used for other efforts intended to increase 35 -77- H1323.2512 (4) 88 pf/rn 77/ 119
engagement by family investment program participants in work, 1 education, or training activities, or for the purposes of 2 assistance under the family investment program in accordance 3 with chapter 239B . 4 d. For the food assistance employment and training program: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 6 (1) The department shall apply the federal supplemental 7 nutrition assistance program (SNAP) employment and training 8 state plan in order to maximize to the fullest extent permitted 9 by federal law the use of the 50 percent federal reimbursement 10 provisions for the claiming of allowable federal reimbursement 11 funds from the United States department of agriculture 12 pursuant to the federal SNAP employment and training program 13 for providing education, employment, and training services 14 for eligible food assistance program participants, including 15 but not limited to related dependent care and transportation 16 expenses. 17 (2) The department shall continue the categorical federal 18 food assistance program eligibility at 160 percent of the 19 federal poverty level and continue to eliminate the asset test 20 from eligibility requirements, consistent with federal food 21 assistance program requirements. The department shall include 22 as many food assistance households as is are allowed by federal 23 law. The eligibility provisions shall conform to all federal 24 requirements including requirements addressing individuals who 25 are incarcerated or otherwise ineligible. 26 e. For the JOBS program: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,139,821 28 11,919,821 29 MEDICAL ASSISTANCE PROGRAM ADJUSTMENT 30 Sec. 49. 2017 Iowa Acts, chapter 174, section 51, unnumbered 31 paragraph 2, as amended by 2018 Iowa Acts, chapter 1165, 32 section 18, is amended to read as follows: 33 For medical assistance program reimbursement and associated 34 costs as specifically provided in the reimbursement 35 -78- H1323.2512 (4) 88 pf/rn 78/ 119
methodologies in effect on June 30, 2018, except as otherwise 1 expressly authorized by law, consistent with options under 2 federal law and regulations, and contingent upon receipt of 3 approval from the office of the governor of reimbursement for 4 each abortion performed under the program: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,337,841,375 6 1,488,141,375 7 GROUP FOSTER CARE REALLOCATION 8 Sec. 50. 2017 Iowa Acts, chapter 174, section 57, subsection 9 3, paragraph a, as amended by 2018 Iowa Acts, chapter 1165, 10 section 28, is amended to read as follows: 11 a. Of the funds appropriated in this section, up to 12 $34,536,648 is allocated as the statewide expenditure target 13 under section 232.143 for group foster care maintenance and 14 services. If the department projects that such expenditures 15 for the fiscal year will be less than the target amount 16 allocated in this paragraph “a”, the department may reallocate 17 the excess to provide additional funding for family foster 18 care, independent living, family safety, risk and permanency 19 services, shelter care , or the child welfare emergency services 20 addressed with the allocation for shelter care. 21 SHELTER CARE ALLOCATION 22 Sec. 51. 2017 Iowa Acts, chapter 174, section 57, subsection 23 6, as amended by 2018 Iowa Acts, chapter 1165, section 28, is 24 amended to read as follows: 25 6. Notwithstanding section 234.35 or any other provision of 26 law to the contrary, state funding Of the funds appropriated 27 in this section, a sufficient amount is allocated for shelter 28 care and the child welfare emergency services contracting 29 implemented to provide for or prevent the need for shelter care 30 shall be limited to $8,096,158 . 31 OTHER FUNDING FOR CHILD WELFARE SERVICES 32 Sec. 52. 2017 Iowa Acts, chapter 174, section 57, as amended 33 by 2018 Iowa Acts, chapter 1165, section 28, is amended by 34 adding the following new subsection: 35 -79- H1323.2512 (4) 88 pf/rn 79/ 119
NEW SUBSECTION . 24. If a separate funding source is 1 identified that reduces the need for state funds within an 2 allocation under this section, the allocated state funds may be 3 redistributed to other allocations under this section for the 4 same fiscal year. 5 Sec. 53. EFFECTIVE DATE. This division of this Act, being 6 deemed of immediate importance, takes effect upon enactment. 7 Sec. 54. RETROACTIVE APPLICABILITY. This division of this 8 Act applies retroactively to July 1, 2018. 9 DIVISION XIII 10 HOSPITAL HEALTH CARE ACCESS ASSESSMENT PROGRAM FUTURE REPEAL 11 Sec. 55. Section 249M.5, Code 2019, is amended to read as 12 follows: 13 249M.5 Future repeal. 14 This chapter is repealed July 1, 2019 2021 . 15 Sec. 56. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. 17 DIVISION XIV 18 MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER OF FUNDS 19 Sec. 57. MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER 20 OF FUNDS. Notwithstanding section 331.432, a county with a 21 population of over 300,000 based on the most recent federal 22 decennial census, may transfer funds from any other fund of the 23 county to the mental health and disability regional services 24 fund for the purposes of providing mental health and disability 25 services for the fiscal year beginning July 1, 2019, and 26 ending June 30, 2020. The county shall submit a report to 27 the governor and the general assembly by September 1, 2020, 28 including the source of any funds transferred, the amount of 29 the funds transferred, and the mental health and disability 30 services provided with the transferred funds. 31 DIVISION XV 32 OPERATION OF BOARD OF MEDICINE, BOARD OF NURSING, BOARD OF 33 PHARMACY, AND THE DENTAL BOARD 34 Sec. 58. Section 135.11A, subsection 1, Code 2019, is 35 -80- H1323.2512 (4) 88 pf/rn 80/ 119
amended to read as follows: 1 1. There shall be a professional licensure division within 2 the department of public health. Each board under chapter 147 3 or under the administrative authority of the department, except 4 the board of nursing, board of medicine, dental board, and 5 board of pharmacy, shall receive administrative and clerical 6 support from the division and may not employ its own support 7 staff for administrative and clerical duties. The executive 8 director of the board of nursing, board of medicine, dental 9 board, and board of pharmacy shall be appointed pursuant to 10 section 135.11B. 11 Sec. 59. NEW SECTION . 135.11B Appointment of certain 12 executive directors. 13 1. The director shall appoint and supervise a full-time 14 executive director for each of the following boards: 15 a. The board of medicine. 16 b. The board of nursing. 17 c. The dental board. 18 d. The board of pharmacy. 19 2. Each board listed in subsection 1 shall advise the 20 director in evaluating potential candidates for the position of 21 executive director, consult with the director in the hiring of 22 the executive director, and review and advise the director on 23 the performance of the executive director in the discharge of 24 the executive director’s duties. 25 3. Each board listed in subsection 1 shall retain sole 26 discretion and authority to execute the core functions of the 27 board including but not limited to policymaking, advocating 28 for and against legislation, rulemaking, licensing, licensee 29 investigations, licensee disciplinary proceedings, and 30 oversight of professional health programs. The director’s 31 supervision of the executive director shall not interfere with 32 the board’s discretion and authority in executing the core 33 functions of the board. 34 Sec. 60. Section 147.80, subsection 3, Code 2019, is amended 35 -81- H1323.2512 (4) 88 pf/rn 81/ 119
to read as follows: 1 3. The board of medicine, the board of pharmacy, the 2 dental board, and the board of nursing shall retain individual 3 executive officers pursuant to section 135.11B , but shall 4 make every effort to share administrative, clerical, and 5 investigative staff to the greatest extent possible. 6 Sec. 61. Section 152.2, Code 2019, is amended to read as 7 follows: 8 152.2 Executive director. 9 The board shall appoint retain a full-time executive 10 director , who shall be appointed pursuant to section 135B.11 . 11 The executive director shall be a registered nurse and shall 12 not be a member of the board . The governor, with the approval 13 of the executive council pursuant to section 8A.413, subsection 14 3 , under the pay plan for exempt positions in the executive 15 branch of government, shall set the salary of the executive 16 director. 17 Sec. 62. Section 153.33, subsection 2, Code 2019, is amended 18 to read as follows: 19 2. All employees needed to administer this chapter except 20 the executive director shall be appointed pursuant to the merit 21 system. The executive director shall serve at the pleasure of 22 the board be appointed pursuant to section 135.11B and shall 23 be exempt from the merit system provisions of chapter 8A, 24 subchapter IV . 25 DIVISION XVI 26 MEDICAID MEDICAL PRIOR AUTHORIZATION —— UNIFORM PROCESS —— 27 CENTRAL PORTAL 28 Sec. 63. MEDICAID —— MEDICAL PRIOR AUTHORIZATION UNIFORM 29 PROCESS. The department of human services shall adopt rules 30 pursuant to chapter 17A by October 1, 2019, to require that 31 both managed care and fee-for-service payment and delivery 32 systems utilize a uniform process, including but not limited to 33 uniform forms, information requirements, and time frames, to 34 request medical prior authorization under the Medicaid program. 35 -82- H1323.2512 (4) 88 pf/rn 82/ 119
The rules shall require the managed care organizations, 1 by contract, to implement the uniform process by a date as 2 determined by the department. 3 Sec. 64. MEDICAID MANAGEMENT INFORMATION SYSTEM —— CENTRAL 4 PORTAL —— REVIEW. The department shall review the costs 5 associated with expanding the medical assistance management 6 information system to integrate a single, statewide system to 7 serve as a central portal for submission of all medical prior 8 authorization requests for the Medicaid program. The portal 9 shall not be designed to make or review final determinations 10 of managed care organization medical prior authorization 11 requests, but shall only serve as a conduit to deliver medical 12 prior authorization requests to the appropriate managed care 13 organization. The results of the study shall be submitted to 14 the governor and the general assembly no later than March 31, 15 2020. 16 Sec. 65. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 DIVISION XVII 19 HEALTH AND HUMAN SERVICES EXECUTIVE BRANCH ENTITIES —— REFORM 20 IOWA COLLABORATIVE SAFETY NET PROVIDER NETWORK 21 Sec. 66. Section 135.24, subsection 7, paragraph e, Code 22 2019, is amended to read as follows: 23 e. “Specialty health care provider office” means the 24 private office or clinic of an individual specialty health 25 care provider or group of specialty health care providers as 26 referred by the Iowa collaborative safety net provider network 27 established in section 135.153 , but does not include a field 28 dental clinic, a free clinic, or a hospital. 29 Sec. 67. Section 135.159, subsection 1, paragraph h, Code 30 2019, is amended by striking the paragraph. 31 Sec. 68. REPEAL. Section 135.153, Code 2019, is repealed. 32 HOSPITAL HEALTH CARE ACCESS TRUST FUND BOARD 33 Sec. 69. Section 249M.4, Code 2019, is amended to read as 34 follows: 35 -83- H1323.2512 (4) 88 pf/rn 83/ 119
249M.4 Hospital health care access trust fund —— board . 1 1. A hospital health care access trust fund is created 2 in the state treasury under the authority of the department. 3 Moneys received through the collection of the hospital health 4 care access assessment imposed under this chapter and any 5 other moneys specified for deposit in the trust fund shall be 6 deposited in the trust fund. 7 2. Moneys in the trust fund shall be used, subject to 8 their appropriation by the general assembly, by the department 9 to reimburse participating hospitals the medical assistance 10 program upper payment limit for inpatient and outpatient 11 hospital services as calculated in this section . Following 12 payment of such upper payment limit to participating hospitals, 13 any remaining funds in the trust fund on an annual basis may be 14 used for any of the following purposes: 15 a. To support medical assistance program utilization 16 shortfalls. 17 b. To maintain the state’s capacity to provide access to and 18 delivery of services for vulnerable Iowans. 19 c. To fund the health care workforce support initiative 20 created pursuant to section 135.175 . 21 d. To support access to health care services for uninsured 22 Iowans. 23 e. To support Iowa hospital programs and services which 24 expand access to health care services for Iowans. 25 3. The trust fund shall be separate from the general fund 26 of the state and shall not be considered part of the general 27 fund. The moneys in the trust fund shall not be considered 28 revenue of the state, but rather shall be funds of the hospital 29 health care access assessment program. The moneys deposited 30 in the trust fund are not subject to section 8.33 and shall not 31 be transferred, used, obligated, appropriated, or otherwise 32 encumbered, except to provide for the purposes of this chapter . 33 Notwithstanding section 12C.7, subsection 2 , interest or 34 earnings on moneys deposited in the trust fund shall be 35 -84- H1323.2512 (4) 88 pf/rn 84/ 119
credited to the trust fund. 1 4. The department shall adopt rules pursuant to chapter 2 17A to administer the trust fund and reimbursements and 3 expenditures as specified in this chapter made from the trust 4 fund. 5 5. a. Beginning July 1, 2010, or the implementation date 6 of the hospital health care access assessment program as 7 determined by receipt of approval from the centers for Medicare 8 and Medicaid services of the United States department of health 9 and human services, whichever is later, the department shall 10 increase the diagnostic related groups and ambulatory patient 11 classifications base rates to provide payments to participating 12 hospitals at the Medicare upper payment limit for the fiscal 13 year beginning July 1, 2010, calculated as of July 31, 2010. 14 Each participating hospital shall receive the same percentage 15 increase, but the percentage may differ depending on whether 16 the basis for the base rate increase is the diagnostic related 17 groups or ambulatory patient classifications. 18 b. The percentage increase shall be calculated by dividing 19 the amount calculated under subparagraph (1) by the amount 20 calculated under subparagraph (2) as follows: 21 (1) The amount under the Medicare upper payment limit for 22 the fiscal year beginning July 1, 2010, for participating 23 hospitals. 24 (2) The projected expenditures for participating hospitals 25 for the fiscal year beginning July 1, 2010, as determined by 26 the fiscal management division of the department, plus the 27 amount calculated under subparagraph (1). 28 6. For the fiscal year beginning July 1, 2011, and for 29 each fiscal year beginning July 1, thereafter, the payments to 30 participating hospitals shall continue to be calculated based 31 on the upper payment limit as calculated for the fiscal year 32 beginning July 1, 2010. 33 7. Reimbursement of participating hospitals shall 34 incorporate the rebasing process for inpatient and outpatient 35 -85- H1323.2512 (4) 88 pf/rn 85/ 119
services for state fiscal year 2012. However, the total amount 1 of increased funding available for reimbursement attributable 2 to rebasing shall not exceed four million five hundred thousand 3 dollars for state fiscal year 2012 and six million dollars for 4 state fiscal year 2013. 5 8. Any payments to participating hospitals under this 6 section shall result in budget neutrality to the general fund 7 of the state. 8 9. a. A hospital health care access trust fund board is 9 established consisting of the following members: 10 (1) The co-chairpersons and the ranking members of the joint 11 appropriations subcommittee on health and human services. 12 (2) The Iowa medical assistance program director. 13 (3) Two hospital executives representing the two largest 14 private health care systems in the state. 15 (4) The president of the Iowa hospital association. 16 (5) A representative of a consumer advocacy group, involved 17 in both state and national initiatives, that provides data on 18 key indicators of well-being for children and families in order 19 to inform policymakers to help children and families succeed. 20 b. The board shall do all of the following: 21 (1) Provide oversight of the trust fund. 22 (2) Make recommendations regarding the hospital health care 23 access assessment program, including recommendations regarding 24 the assessment calculation, assessment amounts, payments to 25 participating hospitals, and use of the moneys in the trust 26 fund. 27 (3) Submit an annual report to the governor and the general 28 assembly regarding the use and expenditure of moneys deposited 29 in the trust fund. 30 c. The department shall provide administrative assistance 31 to the board. 32 ADVISORY COMMITTEE TO THE CENTER FOR RURAL HEALTH AND PRIMARY 33 CARE 34 Sec. 70. Section 135.107, subsection 5, Code 2019, is 35 -86- H1323.2512 (4) 88 pf/rn 86/ 119
amended by striking the subsection. 1 Sec. 71. Section 262.78, subsection 3, Code 2019, is amended 2 to read as follows: 3 3. The president of the university of Iowa, in consultation 4 with the president of Iowa state university of science and 5 technology, shall employ a full-time director of the center. 6 The center may employ staff to carry out the center’s purpose. 7 The director shall coordinate the agricultural health and 8 safety programs of the center. The director shall regularly 9 meet and consult with the advisory committee to the center for 10 rural health and primary care. The director shall provide 11 the board of regents with relevant information regarding the 12 center. 13 GOVERNMENTAL PUBLIC HEALTH ADVISORY COUNCIL 14 Sec. 72. Section 135A.2, subsection 2, Code 2019, is amended 15 by striking the subsection. 16 Sec. 73. Section 135A.9, subsection 1, Code 2019, is amended 17 by striking the subsection. 18 Sec. 74. REPEAL. Section 135A.4, Code 2019, is repealed. 19 PATIENT-CENTERED HEALTH ADVISORY COUNCIL 20 Sec. 75. REPEAL. Section 135.159, Code 2019, is repealed. 21 COMBINING STATE MEDICAL EXAMINER ADVISORY COUNCIL WITH THE 22 INTERAGENCY COORDINATING COUNCIL 23 Sec. 76. Section 691.6B, Code 2019, is amended to read as 24 follows: 25 691.6B Interagency coordinating council. 26 1. An interagency coordinating council is created to advise 27 do all of the following: 28 a. Advise and consult with the state medical examiner on a 29 range of issues affecting the organization and functions of the 30 office of the state medical examiner and the effectiveness of 31 the medical examiner system in the state. 32 b. Advise the state medical examiner concerning the 33 assurance of effective coordination of the functions and 34 operations of the office of the state medical examiner with the 35 -87- H1323.2512 (4) 88 pf/rn 87/ 119
needs and interests of the departments of public safety and 1 public health. 2 2. Members of the interagency coordinating council shall 3 include the all of the following: 4 a. The state medical examiner, or when the state medical 5 examiner is not available, the deputy state medical examiner ; 6 the . 7 b. The commissioner of public safety or the commissioner’s 8 designee ; the . 9 c. The director of public health or the director’s designee ; 10 and the . 11 d. The governor or the governor’s designee. 12 e. Representatives from the office of the attorney 13 general, the Iowa county attorneys association, the Iowa 14 medical society, the Iowa association of pathologists, the 15 Iowa association of county medical examiners, the statewide 16 emergency medical system, and the Iowa funeral directors 17 association. 18 3. The interagency coordinating council shall meet on 19 a regular basis , and shall be organized and function as 20 established by the state medical examiner by rule . 21 Sec. 77. REPEAL. Section 691.6C, Code 2019, is repealed. 22 TRAUMA SYSTEM ADVISORY COUNCIL 23 Sec. 78. Section 147A.24, subsection 2, Code 2019, is 24 amended to read as follows: 25 2. The council shall consist of seven members to be 26 appointed by the director from the recommendations of 27 the organizations in subsection 1 for terms of two years. 28 Vacancies on the council shall be filled for the remainder of 29 the term of the original appointment. Members whose terms 30 expire may be reappointed. 31 Sec. 79. TRANSITION PROVISIONS. Notwithstanding any 32 provision of section 147A.24, subsection 2, to the contrary, a 33 member of the trauma system advisory council on July 1, 2019, 34 shall continue serving until the expiration of that member’s 35 -88- H1323.2512 (4) 88 pf/rn 88/ 119
term or until a vacancy occurs prior to the expiration of the 1 applicable term, and such vacancy shall only be filled to the 2 extent consistent with and necessary to maintain the total 3 number of members of the council specified in section 147A.24, 4 subsection 2, as amended in this Act. 5 TELECONFERENCE OPTION FOR STATE ENTITIES 6 Sec. 80. NEW SECTION . 135.11B Statutory board, commission, 7 committee, or council of committee —— teleconference option. 8 Any statutorily established board, commission, committee, or 9 council established under the purview of the department shall 10 provide for a teleconference option for board, commission, 11 committee, or council members to participate in official 12 meetings. 13 ELIMINATION OF PAYMENT OF EXPENSES FOR PUBLIC MEMBERS OF 14 CERTAIN STATE ENTITIES 15 Sec. 81. Section 105.3, subsection 6, Code 2019, is amended 16 by striking the subsection. 17 Sec. 82. Section 135.43, subsection 2, unnumbered paragraph 18 1, Code 2019, is amended to read as follows: 19 The membership of the review team is subject to the 20 provisions of sections 69.16 and 69.16A , relating to political 21 affiliation and gender balance. Review team members who 22 are not designated by another appointing authority shall be 23 appointed by the state medical examiner. Membership terms 24 shall be for three years. A membership vacancy shall be filled 25 in the same manner as the original appointment. The review 26 team shall elect a chairperson and other officers as deemed 27 necessary by the review team. The review team shall meet upon 28 the call of the state medical examiner or as determined by 29 the review team. The members of the team are eligible for 30 reimbursement of actual and necessary expenses incurred in the 31 performance of their official duties. The review team shall 32 include the following: 33 Sec. 83. Section 135.62, subsection 2, paragraph e, Code 34 2019, is amended by striking the paragraph. 35 -89- H1323.2512 (4) 88 pf/rn 89/ 119
Sec. 84. Section 147A.3, Code 2019, is amended to read as 1 follows: 2 147A.3 Meetings of the council —— quorum —— expenses . 3 Membership, terms of office, and quorum , and expenses shall 4 be determined by the director pursuant to chapter 135 . 5 Sec. 85. Section 256I.3, subsection 3, Code 2019, is amended 6 by striking the subsection. 7 ELIMINATION OF CHILD WELFARE ADVISORY COMMITTEE, CHILD 8 SUPPORT ADVISORY COMMITTEE, CHILDREN’S MENTAL HEALTH WAIVER 9 IMPLEMENTATION COMMITTEE, AND PROPERTY TAX RELIEF FUND RISK 10 POOL 11 Sec. 86. Section 217.3A, subsection 1, Code 2019, is amended 12 to read as follows: 13 1. General. The council on human services shall establish 14 and utilize the advisory committees committee identified in 15 this section and may establish and utilize other advisory 16 committees. The council shall establish appointment 17 provisions, membership terms, operating guidelines, and other 18 operational requirements for committees established pursuant to 19 this section . 20 Sec. 87. Section 217.3A, subsections 3 and 4, Code 2019, are 21 amended by striking the subsections. 22 Sec. 88. Section 426B.5, subsection 1, Code 2019, is amended 23 by striking the subsection. 24 Sec. 89. 2005 Iowa Acts, chapter 117, section 4, subsection 25 3, is amended by striking the subsection. 26 DIVISION XVIII 27 MEDICAL ASSISTANCE ADVISORY COUNCIL 28 Sec. 90. Section 217.3, subsection 4, Code 2019, is amended 29 to read as follows: 30 4. Approve the budget of the department of human services 31 prior to submission to the governor. Prior to approval of the 32 budget, the council shall publicize and hold a public hearing 33 to provide explanations and hear questions, opinions, and 34 suggestions regarding the budget. Invitations to the hearing 35 -90- H1323.2512 (4) 88 pf/rn 90/ 119
shall be extended to the governor, the governor-elect, the 1 director of the department of management, and other persons 2 deemed by the council as integral to the budget process. The 3 budget materials submitted to the governor shall include a 4 review of options for revising the medical assistance program 5 made available by federal action or by actions implemented 6 by other states as identified by the department, the medical 7 assistance advisory council and the executive committee of the 8 medical assistance advisory council created in section 249A.4B , 9 and by county representatives. The review shall address what 10 potential revisions could be made in this state and how the 11 changes would be beneficial to Iowans. 12 Sec. 91. Section 249A.4B, Code 2019, is amended to read as 13 follows: 14 249A.4B Medical assistance advisory council. 15 1. A medical assistance advisory council is created to 16 comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of 17 the federal Social Security Act and to advise the director 18 about health and medical care services under the medical 19 assistance program. The council shall meet no more than 20 quarterly. The director of public health and a public member 21 of the council selected by the public members of the council 22 specified in subsection 2 , paragraph “b” , shall serve as 23 co-chairpersons of the council. 24 2. a. The council shall consist of the following voting 25 members: 26 (1) Five professional or business entity members selected 27 by the entities specified pursuant to subsection 3, paragraph 28 “a” . 29 (2) Five public members appointed pursuant to subsection 3, 30 paragraph “b” . Of the five public members, at least one member 31 shall be a recipient of medical assistance. 32 b. The council shall include all of the following nonvoting 33 members: 34 (1) The director of public health, or the director’s 35 -91- H1323.2512 (4) 88 pf/rn 91/ 119
designee. 1 (2) The director of the department on aging, or the 2 director’s designee. 3 (3) The long-term care ombudsman, or the long-term care 4 ombudsman’s designee. 5 (4) The dean of Des Moines university osteopathic medical 6 center, or the dean’s designee. 7 (5) The dean of the university of Iowa college of medicine, 8 or the dean’s designee. 9 (6) A member of the hawk-i board created in section 514I.5, 10 selected by the members of the hawk-i board. 11 (7) The following members of the general assembly, each for 12 a term of two years as provided in section 69.16B: 13 (a) Two members of the house of representatives, one 14 appointed by the speaker of the house of representatives 15 and one appointed by the minority leader of the house of 16 representatives from their respective parties. 17 (b) Two members of the senate, one appointed by the 18 president of the senate after consultation with the majority 19 leader of the senate and one appointed by the minority leader 20 of the senate. 21 2. 3. The voting membership of the council shall include 22 all of the following voting members be selected or appointed 23 as follows : 24 a. The five professional or business entity members shall 25 be selected by the entities specified under this paragraph “a” . 26 The five professional or business entity members selected shall 27 be the president, or the president’s representative, of each 28 of the following professional or business entities entity , or 29 a member of each of the following professional or business 30 entities, selected entity, designated by the entity : . 31 (1) The Iowa medical society. 32 (2) The Iowa osteopathic medical association. 33 (3) The Iowa academy of family physicians. 34 (4) The Iowa chapter of the American academy of pediatrics. 35 -92- H1323.2512 (4) 88 pf/rn 92/ 119
(5) The Iowa physical therapy association. 1 (6) The Iowa dental association. 2 (7) The Iowa nurses association. 3 (8) The Iowa pharmacy association. 4 (9) The Iowa podiatric medical society. 5 (10) The Iowa optometric association. 6 (11) The Iowa association of community providers. 7 (12) The Iowa psychological association. 8 (13) The Iowa psychiatric society. 9 (14) The Iowa chapter of the national association of social 10 workers. 11 (15) The coalition for family and children’s services in 12 Iowa. 13 (16) The Iowa hospital association. 14 (17) The Iowa association of rural health clinics. 15 (18) The Iowa primary care association. 16 (19) Free clinics of Iowa. 17 (20) The opticians’ association of Iowa, inc. 18 (21) The Iowa association of hearing health professionals. 19 (22) The Iowa speech and hearing association. 20 (23) The Iowa health care association. 21 (24) The Iowa association of area agencies on aging. 22 (25) AARP. 23 (26) The Iowa caregivers association. 24 (27) Leading age Iowa. 25 (28) The Iowa association for home care. 26 (29) The Iowa council of health care centers. 27 (30) The Iowa physician assistant society. 28 (31) The Iowa association of nurse practitioners. 29 (32) The Iowa nurse practitioner society. 30 (33) The Iowa occupational therapy association. 31 (34) The ARC of Iowa, formerly known as the association for 32 retarded citizens of Iowa. 33 (35) The national alliance on mental illness. 34 (36) The Iowa state association of counties. 35 -93- H1323.2512 (4) 88 pf/rn 93/ 119
(37) The Iowa developmental disabilities council. 1 (38) The Iowa chiropractic society. 2 (39) The Iowa academy of nutrition and dietetics. 3 (40) The Iowa behavioral health association. 4 (41) The midwest association for medical equipment services 5 or an affiliated Iowa organization. 6 b. Ten The five public members shall be public 7 representatives which may include members of consumer groups, 8 including recipients of medical assistance or their families, 9 consumer organizations, and others, appointed by the governor 10 for staggered terms of two years each, none of whom shall be 11 members of, or practitioners of, or have a pecuniary interest 12 in any of the professional or business entities specifically 13 represented under paragraph “a” , and a majority of whom shall be 14 current or former recipients of medical assistance or members 15 of the families of current or former recipients . 16 c. A member of the hawk-i board created in section 514I.5 , 17 selected by the members of the hawk-i board. 18 3. The council shall include all of the following nonvoting 19 members: 20 a. The director of public health, or the director’s 21 designee. 22 b. The director of the department on aging, or the 23 director’s designee. 24 c. The long-term care ombudsman, or the long-term care 25 ombudsman’s designee. 26 d. The dean of Des Moines university —— osteopathic medical 27 center, or the dean’s designee. 28 e. The dean of the university of Iowa college of medicine, 29 or the dean’s designee. 30 f. The following members of the general assembly, each for a 31 term of two years as provided in section 69.16B : 32 (1) Two members of the house of representatives, one 33 appointed by the speaker of the house of representatives 34 and one appointed by the minority leader of the house of 35 -94- H1323.2512 (4) 88 pf/rn 94/ 119
representatives from their respective parties. 1 (2) Two members of the senate, one appointed by the 2 president of the senate after consultation with the majority 3 leader of the senate and one appointed by the minority leader 4 of the senate. 5 4. a. An executive committee of the council is created and 6 shall consist of the following members of the council: 7 (1) Five of the professional or business entity members 8 designated pursuant to subsection 2 , paragraph “a” , and 9 selected by the members specified under that paragraph, as 10 voting members. 11 (2) Five of the public members appointed pursuant to 12 subsection 2 , paragraph “b” , and selected by the members 13 specified under that paragraph, as voting members. Of the five 14 public members, at least one member shall be a recipient of 15 medical assistance. 16 (3) The director of public health, or the director’s 17 designee, as a nonvoting member. 18 b. The executive committee shall meet on a monthly basis. 19 The director of public health and the public member serving as 20 co-chairperson of the council shall serve as co-chairpersons of 21 the executive committee. 22 c. 4. Based upon the deliberations of the council and the 23 executive committee , the executive committee council shall make 24 recommendations to the director regarding the budget, policy, 25 and administration of the medical assistance program. 26 5. For each council meeting, other than those held during 27 the time the general assembly is in session, each legislative 28 member of the council shall be reimbursed for actual travel 29 and other necessary expenses and shall receive a per diem as 30 specified in section 7E.6 for each day in attendance, as shall 31 the members of the council or the executive committee who are 32 recipients or the family members of recipients of medical 33 assistance, regardless of whether the general assembly is in 34 session. 35 -95- H1323.2512 (4) 88 pf/rn 95/ 119
6. The department shall provide staff support and 1 independent technical assistance to the council and the 2 executive committee . 3 7. The director shall consider the recommendations offered 4 by the council and the executive committee in the director’s 5 preparation of medical assistance budget recommendations to 6 the council on human services pursuant to section 217.3 and in 7 implementation of medical assistance program policies. 8 DIVISION XIX 9 MEDICAID COVERAGE —— PREGNANT WOMEN LAWFULLY ADMITTED FOR 10 PERMANENT RESIDENCE 11 Sec. 92. MEDICAID COVERAGE —— PREGNANT WOMEN LAWFULLY 12 ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES WITHOUT 13 APPLICATION OF FIVE-YEAR WAITING PERIOD. 14 1. The department of human services shall seek a waiver from 15 the centers for Medicare and Medicaid services of the United 16 States department of health and human services to provide 17 coverage under the Medicaid program for pregnant women lawfully 18 admitted for permanent residence in the United States, without 19 application of the five-year waiting period. 20 2. If federal approval is received by the department, the 21 department shall provide Medicaid coverage for pregnant women 22 lawfully admitted for permanent residence in the United States, 23 without application of the five-year waiting period, effective 24 the first day of the month following the department’s receipt 25 of federal approval. 26 DIVISION XX 27 PROVISION OF CERTAIN SURGERIES OR PROCEDURES —— EXEMPTION FROM 28 REQUIRED ACCOMMODATIONS OR SERVICES 29 Sec. 93. Section 216.7, Code 2019, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 3. This section shall not require any 32 state or local government unit or tax-supported district to 33 provide for sex reassignment surgery or any other cosmetic, 34 reconstructive, or plastic surgery procedure related to 35 -96- H1323.2512 (4) 88 pf/rn 96/ 119
transsexualism, hermaphroditism, gender identity disorder, or 1 body dysmorphic disorder. 2 Sec. 94. EFFECTIVE DATE. This division of this Act, being 3 deemed of immediate importance, takes effect upon enactment. 4 DIVISION XXI 5 REVISION OF MEDICAID MANAGED CARE CONTRACTS —— LIQUIDATED 6 DAMAGES 7 Sec. 95. REVISION OF MEDICAID MANAGED CARE CONTRACTS —— 8 LIQUIDATED DAMAGES. The department shall revise the Medicaid 9 managed care contracts to include all of the following 10 provisions: 11 1. The assessment of liquidated damages for prior 12 authorization and claims payment system issues that were 13 reported by the managed care organization to the department 14 as corrected, but reoccurred within 60 days of the reported 15 correction. 16 2. The assessment of liquidated damages for the failure of 17 a managed care organization to complete provider credentialing 18 or to accurately load provider rosters as required in the 19 contract. 20 DIVISION XXII 21 HEALTH DATA COLLECTION AND USE 22 Sec. 96. Section 135.166, subsection 1, Code 2019, is 23 amended to read as follows: 24 1. a. The department of public health shall enter into 25 a memorandum of understanding to utilize the Iowa hospital 26 association with the contractor selected through a request for 27 proposals process to act as the department’s intermediary in 28 collecting, maintaining, and disseminating hospital inpatient, 29 outpatient, and ambulatory data, as initially authorized in 30 1996 Iowa Acts, ch. 1212, §5, subsection 1, paragraph “a” , 31 subparagraph (4), and 641 IAC 177.3 . 32 b. The memorandum of understanding shall include but is not 33 limited to provisions that address the duties of the department 34 and the Iowa hospital association contractor regarding the 35 -97- H1323.2512 (4) 88 pf/rn 97/ 119
collection, reporting, disclosure, storage, and confidentiality 1 of the data. 2 Sec. 97. REQUEST FOR PROPOSALS PROCESS —— TRANSITION. The 3 department of public health shall continue the memorandum of 4 understanding with the entity acting as intermediary on June 5 30, 2019, pursuant to section 135.166, until the contractor 6 selected through a request for proposals process assumes the 7 duties of intermediary on January 1, 2021, as specified under 8 this division of this Act. 9 DIVISION XXIII 10 DISTRIBUTION OF FEDERAL FUNDS —— RESTRICTIONS —— ABORTION 11 Sec. 98. DISTRIBUTION OF FEDERAL PUBLIC HEALTH SERVICES ACT 12 FUNDS FOR FAMILY PLANNING. 13 1. The department of public health shall annually apply 14 to the United States department of health and human services 15 for grant funding under Tit. X of the federal Public Health 16 Services Act, 42 U.S.C. §300 et seq. The department shall 17 distribute all grant funding received to applicants in the 18 following order of priority: 19 a. Public entities that provide family planning services 20 including state, county, or local community health clinics, 21 federally qualified health centers, and community action 22 organizations. 23 b. Nonpublic entities that, in addition to family planning 24 services, provide required primary health services as described 25 in 42 U.S.C. §254b(b)(1)(A). 26 c. Nonpublic entities that provide family planning 27 services but do not provide required primary health services as 28 described in 42 U.S.C. §254b(b)(1)(A). 29 2. Distribution of funds under this section shall be made in 30 a manner that continues access to family planning services. 31 3. a. (1) Distribution of funds under this section shall 32 not be made to any entity that performs abortions, promotes 33 abortions, maintains or operates a facility where abortions are 34 performed or promoted, contracts or subcontracts with an entity 35 -98- H1323.2512 (4) 88 pf/rn 98/ 119
that performs or promotes abortions, becomes or continues to be 1 an affiliate of any entity that performs or promotes abortions, 2 or regularly makes referrals to an entity that provides or 3 promotes abortions or maintains or operates a facility where 4 abortions are performed. However, the prohibition specified 5 in this subparagraph (1) shall not be interpreted to include 6 a nonpublic entity that is a distinct location of a nonprofit 7 health care delivery system, if the distinct location provides 8 family planning services but does not perform abortions 9 or maintain or operate as a facility where abortions are 10 performed. 11 (2) The department of public health shall adopt rules 12 pursuant to chapter 17A to require that as a condition of 13 eligibility as an applicant under this section, each distinct 14 location of a nonprofit health care delivery system shall be 15 assigned a distinct provider identification number and complete 16 an attestation that abortions are not performed at the distinct 17 location. 18 b. For the purposes of this section, “nonprofit health 19 care delivery system” means an Iowa nonprofit corporation 20 that controls, directly or indirectly, a regional health 21 care network consisting of hospital facilities and various 22 ambulatory and clinic locations that provide a range of 23 primary, secondary, and tertiary inpatient, outpatient, and 24 physician services. 25 c. For the purposes of this section, “abortion” does not 26 include any of the following: 27 (1) The treatment of a woman for a physical disorder, 28 physical injury, or physical illness, including a 29 life-endangering physical condition caused by or arising from 30 the pregnancy itself, that would, as certified by a physician, 31 place the woman in danger of death. 32 (2) The treatment of a woman for a spontaneous abortion, 33 commonly known as a miscarriage, when not all of the products 34 of human conception are expelled. 35 -99- H1323.2512 (4) 88 pf/rn 99/ 119
4. Funds distributed in accordance with this section shall 1 not be used for direct or indirect costs, including but not 2 limited to administrative costs or expenses, overhead, employee 3 salaries, rent, and telephone and other utility costs, related 4 to providing or promoting abortions as specified in this 5 section. 6 5. The department of public health shall submit a report to 7 the governor and the general assembly, annually by January 1, 8 listing any entities that received funds pursuant to subsection 9 1, paragraph “c”, and the amount and type of funds received by 10 such entities during the preceding calendar year. The report 11 shall provide a detailed explanation of how the department 12 determined that distribution of funds to such an entity, 13 instead of to an entity described in subsection 1, paragraph 14 “a” or “b”, was necessary to prevent severe limitation or 15 elimination of access to family planning services in the region 16 of the state where the entity is located. 17 Sec. 99. ADMINISTRATION OF PERSONAL RESPONSIBILITY 18 EDUCATION PROGRAM AND SEXUAL RISK AVOIDANCE EDUCATION GRANT 19 PROGRAM FUNDS. 20 1. Any contract entered into on or after July 1, 2019, by 21 the department of public health to administer the personal 22 responsibility education program as specified in 42 U.S.C. 23 §713 or to administer the sexual risk avoidance education 24 grant program authorized pursuant to section 510 of Tit. 25 V of the federal Social Security Act, 42 U.S.C. §710, as 26 amended by section 50502 of the federal Bipartisan Budget 27 Act of 2018, Pub. L. No. 115-123, and as further amended by 28 division S, Title VII, section 701 of the federal Consolidated 29 Appropriations Act of 2018, Pub. L. No. 115-141, shall exclude 30 as an eligible applicant, any applicant entity that performs 31 abortions, promotes abortions, maintains or operates a 32 facility where abortions are performed or promoted, contracts 33 or subcontracts with an entity that performs or promotes 34 abortions, becomes or continues to be an affiliate of any 35 -100- H1323.2512 (4) 88 pf/rn 100/ 119
entity that performs or promotes abortions, or regularly makes 1 referrals to an entity that provides or promotes abortions or 2 maintains or operates a facility where abortions are performed. 3 However, the prohibition specified in this section shall not be 4 interpreted to include a nonpublic entity that is a distinct 5 location of a nonprofit health care delivery system, if the 6 distinct location provides personal responsibility education 7 program or sexual risk avoidance education grant program 8 services but does not perform abortions or maintain or operate 9 as a facility where abortions are performed. 10 2. The department of public health shall adopt rules 11 pursuant to chapter 17A to require that as a condition of 12 eligibility as an applicant, grantee, grantee contractor, 13 or grantee subcontractor under the personal responsibility 14 education program or sexual risk avoidance education grant 15 program, each distinct location of a nonprofit health care 16 delivery system shall be assigned a distinct identification 17 number and complete an attestation that abortions are not 18 performed at the distinct location. 19 3. For the purposes of this section, “nonprofit health 20 care delivery system” means an Iowa nonprofit corporation 21 that controls, directly or indirectly, a regional health 22 care network consisting of hospital facilities and various 23 ambulatory and clinic locations that provide a range of 24 primary, secondary, and tertiary inpatient, outpatient, and 25 physician services. 26 4. For the purposes of this section, “abortion” does not 27 include any of the following: 28 a. The treatment of a woman for a physical disorder, 29 physical injury, or physical illness, including a 30 life-endangering physical condition caused by or arising from 31 the pregnancy itself, that would, as certified by a physician, 32 place the woman in danger of death. 33 b. The treatment of a woman for a spontaneous abortion, 34 commonly known as a miscarriage, when not all of the products 35 -101- H1323.2512 (4) 88 pf/rn 101/ 119
of human conception are expelled. 1 Sec. 100. AWARD OF COMMUNITY ADOLESCENT PREGNANCY 2 PREVENTION AND SERVICES PROGRAM GRANT FUNDS. 3 1. Any contract entered into on or after July 1, 2019, 4 by the department of human services to award a community 5 adolescent pregnancy prevention and services program grant 6 using federal temporary assistance for needy families block 7 grant funds appropriated to the department shall exclude 8 from eligibility any applicant, grantee, grantee contractor, 9 or grantee subcontractor that performs abortions, promotes 10 abortions, maintains or operates a facility where abortions are 11 performed or promoted, contracts or subcontracts with an entity 12 that performs or promotes abortions, becomes or continues to be 13 an affiliate of any entity that performs or promotes abortions, 14 or regularly makes referrals to an entity that provides or 15 promotes abortions or maintains or operates a facility where 16 abortions are performed. 17 2. The eligibility exclusion specified in subsection 1 18 shall not be interpreted to include a nonpublic entity that 19 is a distinct location of a nonprofit health care delivery 20 system, if the distinct location provides community adolescent 21 pregnancy prevention program services but does not perform 22 abortions or maintain or operate as a facility where abortions 23 are performed. 24 3. The department of human services shall adopt rules 25 pursuant to chapter 17A to require that as a condition of 26 eligibility as an applicant, grantee, grantee contractor, 27 or grantee subcontractor under the adolescent pregnancy 28 prevention and services program, each distinct location of 29 a nonprofit health care delivery system shall be assigned a 30 distinct identification number and complete an attestation that 31 abortions are not performed at the distinct location. 32 4. 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 -102- H1323.2512 (4) 88 pf/rn 102/ 119
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 5. 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. SEVERABILITY. If any provision of this division 15 of this Act or the application of this division of this Act to 16 any person or circumstances is held invalid, the invalidity 17 shall not affect other provisions or applications of this 18 division of this Act which can be given effect without the 19 invalid provisions or application and, to this end, the 20 provisions of this division of this Act are severable. 21 Sec. 102. EFFECTIVE DATE. This division of this Act, being 22 deemed of immediate importance, takes effect upon enactment. 23 DIVISION XXIV 24 NON-STATE GOVERNMENT-OWNED NURSING FACILITY QUALITY OF CARE 25 RATE ADD-ON PROGRAM 26 Sec. 103. Section 249L.2, subsections 7 and 8, Code 2019, 27 are amended to read as follows: 28 7. “Non-state government-owned nursing facility” means a 29 nursing facility that is owned or operated by a non-state 30 governmental entity and for which a non-state governmental 31 entity holds the nursing facility’s license and is party to the 32 nursing facility’s Medicaid contract. 33 8. “Nursing facility” means a licensed nursing facility as 34 defined in section 135C.1 that is a freestanding facility or 35 -103- H1323.2512 (4) 88 pf/rn 103/ 119
a nursing facility operated by a hospital licensed pursuant 1 to chapter 135B , but does not include a distinct-part skilled 2 nursing unit or a swing-bed unit operated by a hospital, or 3 a nursing facility owned by the state or federal government 4 or other governmental unit. “Nursing facility” includes a 5 non-state government-owned nursing facility if the nursing 6 facility participates in the non-state government-owned nursing 7 facility upper payment limit alternative payment quality of 8 care rate add-on program. 9 Sec. 104. NON-STATE GOVERNMENT-OWNED NURSING FACILITY 10 QUALITY OF CARE RATE ADD-ON PROGRAM. 11 1. As used in this section, unless the context otherwise 12 requires: 13 a. “Department” means the department of human services. 14 b. “Intergovernmental transfer” means a transfer of 15 state share funds from a non-state governmental entity to the 16 department of human services. 17 c. “Non-state governmental entity” or “NSGE” means a 18 hospital authority, hospital district, health care district, 19 city, or county. 20 d. “Non-state government-owned nursing facility” or “NSGO 21 nursing facility” means a nursing facility that is owned or 22 operated by a non-state governmental entity and for which a 23 non-state governmental entity holds the nursing facility’s 24 license and is party to the nursing facility’s Medicaid 25 contract. 26 e. “Program” means the non-state government-owned nursing 27 facility quality of care rate add-on program described in this 28 section. 29 f. “Quality of care rate add-on calculation period” means 30 the fiscal year for which quality of care rate add-on amounts 31 are calculated based on adjudicated claims for days of service 32 provided. 33 g. “Upper payment limit” means a reasonable estimate of 34 the amount that would be paid for the services furnished by a 35 -104- H1323.2512 (4) 88 pf/rn 104/ 119
facility under Medicare payment principles. 1 2. The department of human services shall submit to the 2 centers for Medicare and Medicaid services of the United States 3 department of health and human services (CMS), a Medicaid state 4 plan amendment to allow a qualifying NSGE to receive a quality 5 of care rate add-on in accordance with the upper payment limit 6 requirements pursuant to 42 C.F.R. §447.272 and managed care 7 requirements pursuant to 42 C.F.R. §438.6. 8 3. The Medicaid state plan amendment submitted shall 9 provide for all of the following: 10 a. Purpose. The NSGO nursing facility quality of care rate 11 add-on shall be made to a qualified NSGE to promote, maintain, 12 and improve resident quality of care and health outcomes. 13 b. Non-state government-owned nursing facility 14 qualifications. An NSGO nursing facility shall qualify for 15 participation in the program if all of the following conditions 16 are met: 17 (1) The NSGE for the NSGO nursing facility has executed a 18 participation agreement with the department. 19 (2) The NSGE for the NSGO nursing facility has provided 20 proof that the entity holds the NSGO nursing facility’s license 21 and has complete operational responsibility for the NSGO 22 nursing facility. 23 (3) The NSGE for the NSGO nursing facility has filed a 24 certification of eligibility application for the quality of 25 care rate add-on program with the department and has received 26 approval from the department for participation in the program. 27 (4) The NSGO nursing facility is an active participant 28 in established Medicaid managed care value-based purchasing 29 programs and initiatives in the state. 30 (5) The NSGO nursing facility and the NSGE for the 31 NSGO nursing facility are in compliance with care criteria 32 requirements. 33 c. NSGE participation requirements. An NSGE shall qualify 34 for participation in the program if all of the following 35 -105- H1323.2512 (4) 88 pf/rn 105/ 119
conditions are met: 1 (1) The NSGE has executed a nursing facility provider 2 contract with an NSGO nursing facility. 3 (2) The NSGE has provided, and identified the source of, 4 state share dollars for the intergovernmental transfer. 5 (3) The NSGE has provided proof of ownership, if applicable, 6 as the licensed operator of the NSGO nursing facility. 7 (4) The NSGE has provided, to the department, an executed 8 management agreement between the NSGE and the NSGO nursing 9 facility manager. 10 d. Care criteria requirements. A participating NSGO 11 nursing facility shall comply with all of the following care 12 criteria quality metrics, shall adhere to all of the following 13 performance measures to improve the quality of care delivered 14 to residents and to improve efficiency and care avoidance costs 15 for the overall Medicaid program, and shall do all of the 16 following: 17 (1) Develop a written action plan that includes 18 satisfaction survey results, an analysis of the satisfaction 19 survey results with identification of areas in need of 20 improvement, and a process for addressing areas in need of 21 improvement. 22 (2) Develop and implement, within six months of 23 commencement of participation in the program, a written plan 24 for the mitigation of unnecessary inpatient admissions within 25 30 days of a nursing facility discharge. The written plan 26 shall include or address all of the following: 27 (a) The inpatient admission management tool which 28 identifies those residents at high risk for the potential 29 return to acute care. 30 (b) The tools to support effective communications. 31 (c) Advance directive planning and implementation. 32 (d) Application of a quality assurance and program 33 integrity methodology to provide a root cause analysis and 34 identify teaching needs. 35 -106- H1323.2512 (4) 88 pf/rn 106/ 119
(3) Develop and implement a written plan providing for a 1 proactive pneumonia and influenza vaccination program which 2 shall improve vaccination scores above the national average, 3 as measured using CMS quality metrics. The written plan shall 4 include all of the following: 5 (a) The latest available three-quarter average of both the 6 CMS measure for the percent of long-stay residents assessed and 7 appropriately given the seasonal influenza vaccine and of the 8 CMS measure for the percentage of long-stay residents assessed 9 and appropriately given the pneumococcal vaccine, to establish 10 a baseline. 11 (b) The current measure code score for the CMS measures 12 described in subparagraph division (a). 13 (c) A written plan for an influenza and pneumonia 14 vaccination program to address new admissions and current 15 residents. 16 (4) Elevate healthy aging in the state by implementing 17 a plan that accomplishes at least one of the following 18 strategies: 19 (a) Prevention and reduction of falls. 20 (b) Improved nutrition. 21 (c) Increased physical activity. 22 (d) Reduction in the incidence of depression. 23 (5) Demonstrate improvement above the facility-specific 24 baseline in the CMS five-star quality measures composite 25 scoring. Metrics shall be determined based upon the CMS 26 nursing home compare composite score over the preceding 27 twelve-month period. 28 (a) A participating NSGO nursing facility shall provide the 29 most recent three-quarter average of the CMS quality measure 30 star rating to establish a baseline. 31 (b) A participating NSGO nursing facility shall have a star 32 rating of three or better or must demonstrate improvement over 33 the previous quarter with no two quarters below three stars to 34 participate in the program. 35 -107- H1323.2512 (4) 88 pf/rn 107/ 119
(c) A participating NSGO nursing facility with a quality 1 measure star rating of three or better for the most recent 2 quarter or that demonstrates improvement in composite scoring 3 with no two quarters consistently below a three-star rating, 4 shall be deemed to have met the care criteria. 5 e. Quality of care rate add-on. 6 (1) The nursing facility quality of care rate add-on 7 provided to a participating NSGE under the program shall not 8 exceed Medicare payment principles pursuant to 42 C.F.R. 9 §447.272 and shall be calculated pursuant to 42 C.F.R. §438.6. 10 The quality of care rate add-on shall be calculated and paid 11 as follows: 12 (a) The methodology utilized to calculate the upper 13 payment limit shall be based on the data available during the 14 calculation period. 15 (b) The eligible amount used in determining the quality 16 of care rate add-on shall be the difference between the state 17 Medicaid payment and the Medicare upper payment limit as 18 determined, based on compliance with the care criteria metrics, 19 on an annual basis. 20 (c) The difference calculated under subparagraph division 21 (b) shall be divided by total patient days as determined under 22 subparagraph division (b). 23 (d) The quality of care rate add-on shall be paid 24 prospectively. 25 (2) The amount of the quality of care rate add-on shall 26 be associated with improvement in care of Medicaid nursing 27 facility residents in the state as demonstrated through the 28 specified care criteria. A participating NSGE shall receive 29 payment under the program based on earned percentages related 30 to the care criteria. A participating NSGE shall meet or 31 exceed at least two of the five established care criteria 32 metrics to be eligible for the rate add-on payment for each 33 quarter. After at least two of the five metrics have been met, 34 the participating NSGE shall be eligible for seventy percent 35 -108- H1323.2512 (4) 88 pf/rn 108/ 119
of the total eligible quality of care rate add-on amount for a 1 participating NSGO nursing facility. The participating NSGE 2 may qualify for the remaining thirty percent of the total 3 eligible quality of care rate add-on amount, by attribution 4 in ten percent increments, for each additional care criterion 5 that is met up to the full one hundred percent of the eligible 6 quality of care rate add-on amount. 7 f. Change of ownership. 8 (1) A participating NSGO nursing facility shall notify 9 the department of any change of ownership that may affect the 10 participating NSGO nursing facility’s continued eligibility for 11 the program, within thirty days after such change. 12 (2) If a participating NSGO nursing facility changes 13 ownership on or after the first day of the quality of care 14 rate add-on calculation period, the data used for calculations 15 shall include data from the participating NSGO nursing facility 16 for the entire quality of care rate add-on calculation period 17 relating to payments for days of service provided under the 18 prior owner, prorated to reflect only the number of calendar 19 days during the calculation period that the participating NSGO 20 nursing facility is owned by the new owner. 21 g. Payment to participating NSGO nursing facilities. A 22 participating NSGO nursing facility shall secure allowable 23 intergovernmental transfer funds from a participating NSGE 24 to provide the state share amount. The process for the 25 intergovernmental transfer shall comply with the following: 26 (1) The department, or the department’s designee, shall 27 notify the participating NSGE of the state share amount to be 28 transferred in the form of an intergovernmental transfer for 29 purposes of seeking federal financial participation for the 30 rate add-on payment, within twenty-five business days after 31 the end of a quarter. The amount shall reflect the percentage 32 of metrics achieved under the care criteria requirement. The 33 participating NSGE shall have five business days from the 34 date of receipt of the departmental notification to sign the 35 -109- H1323.2512 (4) 88 pf/rn 109/ 119
participation agreement and remit payment of the state share 1 amount in the form of an intergovernmental transfer to the 2 department or the department’s designee. 3 (2) If the total intergovernmental transfer amount is 4 received by the department or the department’s designee within 5 the five business days as specified, the quality of care rate 6 add-on shall be included in the current quarter per diem rate 7 calculation for the participating NSGO nursing facility. 8 h. Penalties and adjustments. Failure by a participating 9 NSGE to remit the full intergovernmental transfer amount or 10 the correct amount as indicated by the department or the 11 department’s designee within the following defined time frames 12 indicates the participating NSGE has voluntarily elected to 13 withdraw from program participation for that current quarter 14 and must reapply for participation in the program in any 15 subsequent quarter. All of the following shall apply when 16 determining the application of penalties and adjustments: 17 (1) The total amount of the intergovernmental transfer 18 must be received from the participating NSGE by the department 19 or the department’s designee within five business days from 20 receipt by the participating NSGE of notification from the 21 department or the department’s designee of the state share 22 amount. 23 (a) Receipt of the total intergovernmental transfer amount 24 by the department or the department’s designee within five 25 business days is not subject to penalty. 26 (b) The date of receipt of notification of the state 27 share amount by the participating NSGE from the department or 28 the department’s designee is the official reference date in 29 measuring the commencement of the five business days. 30 (2) Any intergovernmental transfer amount received by 31 the department or the department’s designee after the fifth 32 business day as specified, but with a date stamp or mailing 33 postal mark indicating a date on or prior to five business 34 days from the date of notification by the department or the 35 -110- H1323.2512 (4) 88 pf/rn 110/ 119
department’s designee of the state share amount, shall not be 1 subject to penalty. 2 (3) (a) Any intergovernmental transfer amount received by 3 the department or the department’s designee after the fifth 4 business day as specified, but with a date stamp or postal mark 5 indicating a date after five business days but not exceeding 6 eight business days from the date of notification by the 7 department or the department’s designee of the state share 8 amount, shall be deemed late and the participating NSGE shall 9 receive the quality of care rate add-on, including an assessed 10 penalty of five percent, based on the total intergovernmental 11 transfer payments received during the late period. The five 12 percent penalty shall be applied to the quality of care rate 13 add-on for the quarter in which the intergovernmental transfer 14 amount is late. 15 (b) The department shall notify the participating NSGE of 16 the assessed penalty in writing. If the participating NSGE 17 fails to pay the department or the department’s designee the 18 assessed penalty within the time frame noted on the written 19 notice to the participating NSGE, the assessed penalty shall be 20 deducted in accordance with the state Medicaid fee-for-service 21 recoupment process. The penalty shall be paid regardless 22 of any appeal requested by the participating NSGE. If an 23 appeal results in a decision to disallow a portion of or the 24 entire assessed penalty, reimbursement to the participating 25 NSGE shall be made as part of future Medicaid payments to the 26 participating NSGO nursing facility. 27 (4) If a participating NSGO nursing facility fails to 28 achieve, at a minimum, two of the required care criteria 29 metrics for two consecutive quarters, the participating NSGO 30 nursing facility shall be suspended from participation in the 31 program for two subsequent quarters. An NSGO nursing facility 32 that has been suspended for a total of four quarters within a 33 two-year period due to noncompliance with the required care 34 criteria shall be terminated from the program, and shall be 35 -111- H1323.2512 (4) 88 pf/rn 111/ 119
required to reapply for approval to participate at a subsequent 1 time. Readmittance into the program is at the sole discretion 2 of the department, taking into consideration input from 3 stakeholders. If the NSGO nursing facility is subsequently 4 readmitted to the program, terms of participation may include a 5 probationary period with defined requirements related to care. 6 4. The quality of care rate add-on shall only be implemented 7 upon receipt by the department of approval of the Medicaid 8 state plan amendment by CMS, and if such approval is received, 9 the rate add-on is applicable no earlier than the first day 10 of the calendar quarter following the date of receipt of such 11 approval. 12 Sec. 105. REPEAL. 2016 Iowa Acts, chapter 1139, sections 13 80, 81, 82, 83, and 84, are repealed. 14 Sec. 106. REPEAL. 2017 Iowa Acts, chapter 174, sections 15 113, 114, 115, and 116, are repealed. 16 Sec. 107. EFFECTIVE UPON ENACTMENT. This division of this 17 Act, being deemed of immediate importance, takes effect upon 18 enactment. 19 Sec. 108. IMPLEMENTATION PROVISIONS. 20 1. The section of this division of this Act directing the 21 department of human services to submit a Medicaid state plan 22 amendment to CMS shall be implemented as soon as possible 23 following enactment, consistent with all applicable federal 24 requirements. 25 2. The section of this division of this Act amending 26 section 249L.2, shall only be implemented upon receipt by 27 the department of human services of approval of the Medicaid 28 state plan amendment by CMS, and if such approval is received, 29 is applicable no earlier than the first day of the calendar 30 quarter following the date of receipt of such approval. 31 DIVISION XXV 32 PREPARATION FOR ADULT LIVING PROGRAM 33 Sec. 109. Section 234.46, subsection 1, paragraph b, Code 34 2019, is amended to read as follows: 35 -112- H1323.2512 (4) 88 pf/rn 112/ 119
b. The person is age eighteen, nineteen, or twenty , 1 twenty-one, or twenty-two . 2 DIVISION XXVI 3 CHILDREN’S BEHAVIORAL HEALTH SYSTEM STATE BOARD 4 Sec. 110. Section 225C.51, if enacted by 2019 Iowa Acts, 5 House File 690, section 8, is amended to read as follows: 6 SEC. 8. NEW SECTION . 225C.51 Children’s behavioral health 7 system state board. 8 1. A children’s behavioral health system state board 9 is created as the state body to provide guidance on the 10 implementation and management of a children’s behavioral health 11 system for the provision of services to children with a serious 12 emotional disturbance. The state board’s public voting members 13 shall be appointed to four-year staggered terms by the governor 14 and are subject to confirmation by the senate. All other 15 state board voting members shall be appointed to four-year 16 staggered terms and are not subject to confirmation by the 17 senate. State board members shall be appointed on the basis of 18 interest and experience in the fields of children’s behavioral 19 health to ensure adequate representation from persons with life 20 experiences and from persons knowledgeable about children’s 21 behavioral health services. The department shall provide 22 support to the state board, and the board may utilize staff 23 support and other assistance provided to the state board by 24 other persons. The state board shall meet at least four times 25 per year. The membership of the state board shall consist of 26 the following persons who, at the time of appointment to the 27 state board, are active members of the indicated groups : 28 a. The director of the department of human services or the 29 director’s designee. 30 b. The director of the department of education or the 31 director’s designee. 32 c. The director of the department of public health or the 33 director’s designee. 34 d. The director of workforce development or the director’s 35 -113- H1323.2512 (4) 88 pf/rn 113/ 119
designee. 1 e. A member of the mental health and disability services 2 commission. 3 e. f. Members appointed by the governor who are active 4 members of each of the indicated groups: 5 (1) One member shall be selected from nominees submitted by 6 the state court administrator. 7 f. (2) One member shall be selected from nominees submitted 8 by the early childhood Iowa office in the department of 9 management. 10 g. One member shall be a member of the mental health and 11 disability services commission. 12 h. (3) One member shall be a board member or an employee of 13 a provider of mental health services to children. 14 i. (4) One member shall be a board member or an employee of 15 a provider of child welfare services. 16 j. (5) One member shall be an administrator of an area 17 education agency. 18 k. (6) One member shall be an educator, counselor, or 19 administrator of a school district. 20 l. (7) One member shall be a representative of an 21 established advocacy organization whose mission or purpose it 22 is, in part, to further goals related to children’s mental 23 health. 24 m. (8) One member shall be a parent or guardian of a child 25 currently utilizing or who has utilized behavioral health 26 services. 27 n. (9) One member shall be a sheriff. 28 o. (10) One member shall be a pediatrician. 29 p. (11) One member shall be a representative from a health 30 care system. 31 q. (12) One member shall be a chief executive officer of a 32 mental health and disability services region. 33 r. f. In addition to the voting members, the membership 34 shall include four members of the general assembly with one 35 -114- H1323.2512 (4) 88 pf/rn 114/ 119
member designated by each of the following: the majority 1 leader of the senate, the minority leader of the senate, the 2 speaker of the house of representatives, and the minority 3 leader of the house of representatives. A legislative member 4 serves for a term as provided in section 69.16B in a nonvoting, 5 ex officio capacity and is not eligible for per diem and 6 expenses as provided in section 2.10. 7 2. Members appointed by the governor shall serve four-year 8 staggered terms and are subject to confirmation by the senate. 9 The four-year terms shall begin and end as provided in section 10 69.19. Vacancies on the state board shall be filled as 11 provided in section 2.32. A member shall not be appointed for 12 more than two consecutive four-year terms. 13 3. The director of the department of human services and the 14 director of the department of education, or their designees, 15 shall serve as co-chairpersons of the state board. Board 16 members shall not be entitled to a per diem as specified in 17 section 7E.6 and shall not be entitled to actual and necessary 18 expenses incurred while engaged in their official duties. 19 DIVISION XXVII 20 PRIOR YEAR CARRYFORWARD PROVISIONS 21 FAMILY INVESTMENT PROGRAM GENERAL FUND ACCOUNT 22 Sec. 111. 2017 Iowa Acts, chapter 174, section 47, is 23 amended by adding the following new subsection: 24 NEW SUBSECTION . 7. Notwithstanding section 8.33, moneys 25 appropriated in this section that remain unencumbered or 26 unobligated at the close of the fiscal year shall not revert 27 but shall remain available for expenditure for the purposes 28 designated, and may be transferred to the appropriations made 29 in this division of this Act for general administration and 30 field operations for technology needs including the eligibility 31 integrated applications solutions (ELIAS) project, or may be 32 transferred to the appropriations made in this division of this 33 Act for the juvenile institution, the mental health institutes, 34 or the state resource centers, to be used for the purposes of 35 -115- H1323.2512 (4) 88 pf/rn 115/ 119
those appropriations, until the close of the succeeding fiscal 1 year. 2 STATE RESOURCE CENTERS 3 Sec. 112. 2017 Iowa Acts, chapter 174, section 63, is 4 amended by adding the following new subsection: 5 NEW SUBSECTION . 6. Notwithstanding section 8.33, and 6 notwithstanding the amount limitation specified in section 7 222.92, moneys appropriated in this section that remain 8 unencumbered or unobligated at the close of the fiscal year 9 shall not revert but shall remain available for expenditure 10 for the purposes designated, including year-end purchases and 11 technology needs, and may be transferred to the appropriations 12 made in this division of this Act for the juvenile institution 13 or the mental health institutes, to be used for the purposes of 14 those appropriations, until the close of the succeeding fiscal 15 year. 16 FIELD OPERATIONS 17 Sec. 113. 2017 Iowa Acts, chapter 174, section 65, as 18 amended by 2018 Iowa Acts, chapter 1165, section 35, is amended 19 to read as follows: 20 SEC. 65. FIELD OPERATIONS. There is appropriated from the 21 general fund of the state to the department of human services 22 for the fiscal year beginning July 1, 2018, and ending June 30, 23 2019, the following amount, or so much thereof as is necessary, 24 to be used for the purposes designated: 25 For field operations, including salaries, support, 26 maintenance, and miscellaneous purposes, and for not more than 27 the following full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 49,074,517 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,539.00 30 Priority in filling full-time equivalent positions shall be 31 given to those positions related to child protection services 32 and eligibility determination for low-income families. 33 Notwithstanding section 8.33, moneys appropriated in 34 this section that remain unencumbered or unobligated at the 35 -116- H1323.2512 (4) 88 pf/rn 116/ 119
close of the fiscal year shall not revert but shall remain 1 available for expenditure for the purposes designated, 2 including for technology needs, personal computer replacements, 3 and accelerated hiring, and may be transferred to the 4 appropriations made in this division of this Act for the 5 juvenile institution, the mental health institutes, or the 6 state resource centers, to be used for the purposes of those 7 appropriations, until the close of the succeeding fiscal year. 8 GENERAL ADMINISTRATION 9 Sec. 114. 2017 Iowa Acts, chapter 174, section 66, as 10 amended by 2018 Iowa Acts, chapter 1165, section 36, is amended 11 to read as follows: 12 SEC. 66. GENERAL ADMINISTRATION. 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, 2018, and ending June 30, 2019, the following 16 amount, or so much thereof as is necessary, to be used for the 17 purpose designated: 18 For general administration, including salaries, support, 19 maintenance, and miscellaneous purposes, and for not more than 20 the following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,833,040 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 294.00 23 2. Of the funds appropriated in this section, $150,000 shall 24 be used to continue the contract for the provision of a program 25 to provide technical assistance, support, and consultation to 26 providers of habilitation services and home and community-based 27 services waiver services for adults with disabilities under the 28 medical assistance program. 29 3. Of the funds appropriated in this section, $50,000 30 is transferred to the Iowa finance authority to be used 31 for administrative support of the council on homelessness 32 established in section 16.2D and for the council to fulfill its 33 duties in addressing and reducing homelessness in the state. 34 4. Of the funds appropriated in this section, $200,000 shall 35 -117- H1323.2512 (4) 88 pf/rn 117/ 119
be transferred to and deposited in the administrative fund of 1 the Iowa ABLE savings plan trust created in section 12I.4 , to 2 be used for implementation and administration activities of the 3 Iowa ABLE savings plan trust. 4 5. Of the funds appropriated in this section, $200,000 is 5 transferred to the economic development authority for the Iowa 6 commission on volunteer services to continue to be used for the 7 RefugeeRISE AmeriCorps program established under section 15H.8 8 for member recruitment and training to improve the economic 9 well-being and health of economically disadvantaged refugees in 10 local communities across Iowa. Funds transferred may be used 11 to supplement federal funds under federal regulations. 12 7. Of the funds appropriated in this section, $300,000 shall 13 be used to contract for children’s well-being collaboratives 14 grants for the development and implementation of children’s 15 well-being collaboratives to establish and coordinate 16 prevention and early intervention services to promote improved 17 mental health and well-being for children and families, as 18 enacted in 2017 Iowa Acts, chapter 174, section 88 . 19 8. The department of human services shall submit the 20 strategic plan to create and implement a children’s mental 21 health system submitted to the governor by the children’s 22 system state board established by Executive Order Number Two 23 issued April 23, 2018, to the general assembly by November 15, 24 2018. 25 9. Notwithstanding section 8.33, moneys appropriated in 26 this section that remain unencumbered or unobligated at the 27 close of the fiscal year shall not revert but shall remain 28 available for expenditure for the purposes designated, 29 including for technology needs and the relocation of the 30 Iowa Medicaid enterprise, and may be transferred to the 31 appropriations made in this division of this Act for the 32 juvenile institution, the mental health institutes, or the 33 state resource centers, to be used for the purposes of those 34 appropriations, until the close of the succeeding fiscal year. 35 -118- H1323.2512 (4) 88 pf/rn 118/ 119
STATE SUPPLEMENTARY ASSISTANCE 1 Sec. 115. 2018 Iowa Acts, chapter 1165, section 53, 2 subsection 4, is amended to read as follows: 3 4. Notwithstanding section 8.33 , moneys appropriated in 4 this section that remain unencumbered or unobligated at the 5 close of the fiscal year shall not revert but shall remain 6 available for expenditure for the purposes designated , 7 including for technology needs, and may be transferred to the 8 appropriations made in this division of this Act for general 9 administration, field operations, the juvenile institution, the 10 mental health institutes, or the state resource centers, to be 11 used for the purposes of those appropriations, until the close 12 of the succeeding fiscal year. 13 Sec. 116. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. 15 Sec. 117. RETROACTIVE APPLICABILITY. This division of this 16 Act applies retroactively to July 1, 2017. 17 DIVISION XXVIII 18 VACCINE AND IMMUNIZATION ADMINISTRATION —— FUTURE REPEAL 19 Sec. 118. 2018 Iowa Acts, chapter 1142, section 8, is 20 amended to read as follows: 21 SEC. 8. FUTURE REPEAL. Section 155A.44 , Code 2018, is 22 repealed effective July 1, 2019 2020 . 23 Sec. 119. EFFECTIVE DATE. This division of this Act, being 24 deemed of immediate importance, takes effect upon enactment. >> 25 ______________________________ FRY of Clarke -119- H1323.2512 (4) 88 pf/rn 119/ 119