Senate Amendment to House File 2578 H-8372 Amend House File 2578, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 DEPARTMENT ON AGING —— FY 2022-2023 6 Section 1. DEPARTMENT ON AGING. There is appropriated from 7 the general fund of the state to the department on aging for 8 the fiscal year beginning July 1, 2022, and ending June 30, 9 2023, the following amount, or so much thereof as is necessary, 10 to be used for the purposes designated: 11 For aging programs for the department on aging and area 12 agencies on aging to provide citizens of Iowa who are 60 13 years of age and older with case management, Iowa’s aging and 14 disabilities resource center, and other services which may 15 include but are not limited to adult day, respite care, chore, 16 information and assistance, and material aid, for information 17 and options counseling for persons with disabilities who 18 are 18 years of age or older, and for salaries, support, 19 administration, maintenance, and miscellaneous purposes, and 20 for not more than the following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,304,082 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 23 1. Funds appropriated in this section may be used to 24 supplement federal funds under federal regulations. To 25 receive funds appropriated in this section, a local area 26 agency on aging shall match the funds with moneys from other 27 sources according to rules adopted by the department. Funds 28 appropriated in this section may be used for elderly services 29 not specifically enumerated in this section only if approved 30 by an area agency on aging for provision of the service within 31 the area. 32 2. Of the funds appropriated in this section, $418,700 is 33 transferred to the economic development authority for the Iowa 34 commission on volunteer services to be used for the retired and 35 -1- HF 2578.4575.S (1) 89 mb 1/ 91 #1.
senior volunteer program. 1 3. a. The department on aging shall establish and enforce 2 procedures relating to expenditure of state and federal funds 3 by area agencies on aging that require compliance with both 4 state and federal laws, rules, and regulations, including but 5 not limited to all of the following: 6 (1) Requiring that expenditures are incurred only for goods 7 or services received or performed prior to the end of the 8 fiscal period designated for use of the funds. 9 (2) Prohibiting prepayment for goods or services not 10 received or performed prior to the end of the fiscal period 11 designated for use of the funds. 12 (3) Prohibiting prepayment for goods or services not 13 defined specifically by good or service, time period, or 14 recipient. 15 (4) Prohibiting the establishment of accounts from which 16 future goods or services which are not defined specifically by 17 good or service, time period, or recipient, may be purchased. 18 b. The procedures shall provide that if any funds are 19 expended in a manner that is not in compliance with the 20 procedures and applicable federal and state laws, rules, and 21 regulations, and are subsequently subject to repayment, the 22 area agency on aging expending such funds in contravention of 23 such procedures, laws, rules and regulations, not the state, 24 shall be liable for such repayment. 25 4. Of the funds appropriated in this section, $812,000 shall 26 be used for the purposes of chapter 231E and to administer 27 the prevention of elder abuse, neglect, and exploitation 28 program pursuant to section 231.56A , in accordance with the 29 requirements of the federal Older Americans Act of 1965, 42 30 U.S.C. §3001 et seq., as amended. 31 5. Of the funds appropriated in this section, $1,000,000 32 shall be used to fund continuation of the aging and disability 33 resource center lifelong links to provide individuals and 34 caregivers with information and services to plan for and 35 -2- HF 2578.4575.S (1) 89 mb 2/ 91
maintain independence. 1 6. Of the funds appropriated in this section, $850,000 2 shall be used by the department on aging, in collaboration with 3 the department of human services and affected stakeholders, 4 to continue to expand the pilot initiative to provide 5 long-term care options counseling utilizing support planning 6 protocols, to assist non-Medicaid eligible consumers who 7 indicate a preference to return to the community and are 8 deemed appropriate for discharge, to return to their community 9 following a nursing facility stay; and shall be used by the 10 department on aging to fund home and community-based services 11 to enable older individuals to avoid more costly utilization 12 of residential or institutional services and remain in their 13 homes. The department on aging shall submit a report regarding 14 the outcomes of the pilot initiative to the governor and the 15 general assembly by December 15, 2022. 16 DIVISION II 17 OFFICE OF LONG-TERM CARE OMBUDSMAN —— FY 2022-2023 18 Sec. 2. OFFICE OF LONG-TERM CARE OMBUDSMAN. There is 19 appropriated from the general fund of the state to the office 20 of long-term care ombudsman for the fiscal year beginning July 21 1, 2022, and ending June 30, 2023, the following amount, or 22 so much thereof as is necessary, to be used for the purposes 23 designated: 24 For salaries, support, administration, maintenance, and 25 miscellaneous purposes, and for not more than the following 26 full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,149,821 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.00 29 DIVISION III 30 DEPARTMENT OF PUBLIC HEALTH —— FY 2022-2023 31 Sec. 3. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 32 from the general fund of the state to the department of public 33 health for the fiscal year beginning July 1, 2022, and ending 34 June 30, 2023, the following amounts, or so much thereof as is 35 -3- HF 2578.4575.S (1) 89 mb 3/ 91
necessary, to be used for the purposes designated: 1 1. ADDICTIVE DISORDERS 2 For reducing the prevalence of the use of tobacco, alcohol, 3 and other drugs, and treating individuals affected by addictive 4 behaviors, including gambling, and for not more than the 5 following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,659,379 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 8 a. (1) Of the funds appropriated in this subsection, 9 $4,020,894 shall be used for the tobacco use prevention 10 and control initiative, including efforts at the state and 11 local levels, as provided in chapter 142A . The commission 12 on tobacco use prevention and control established pursuant 13 to section 142A.3 shall advise the director of public health 14 in prioritizing funding needs and the allocation of moneys 15 appropriated for the programs and initiatives. Activities 16 of the programs and initiatives shall be in alignment with 17 the United States centers for disease control and prevention 18 best practices for comprehensive tobacco control programs 19 that include the goals of preventing youth initiation of 20 tobacco usage, reducing exposure to secondhand smoke, and 21 promotion of tobacco cessation. To maximize resources, 22 the department shall determine if third-party sources are 23 available to instead provide nicotine replacement products 24 to an applicant prior to provision of such products to an 25 applicant under the initiative. The department shall track and 26 report to the governor and the general assembly any reduction 27 in the provision of nicotine replacement products realized 28 by the initiative through implementation of the prerequisite 29 screening. 30 (2) (a) The department shall collaborate with the 31 alcoholic beverages division of the department of commerce for 32 enforcement of tobacco laws, regulations, and ordinances and to 33 engage in tobacco control activities approved by the division 34 of tobacco use prevention and control of the department of 35 -4- HF 2578.4575.S (1) 89 mb 4/ 91
public health as specified in the memorandum of understanding 1 entered into between the divisions. 2 (b) For the fiscal year beginning July 1, 2022, and ending 3 June 30, 2023, the terms of the memorandum of understanding, 4 entered into between the division of tobacco use prevention 5 and control of the department of public health and the 6 alcoholic beverages division of the department of commerce, 7 governing compliance checks conducted to ensure licensed retail 8 tobacco outlet conformity with tobacco laws, regulations, and 9 ordinances relating to persons under 21 years of age, shall 10 continue to restrict the number of such checks to one check per 11 retail outlet, and one additional check for any retail outlet 12 found to be in violation during the first check. 13 b. (1) Of the funds appropriated in this subsection, 14 $19,638,485 shall be used for problem gambling and 15 substance-related disorder prevention, treatment, and recovery 16 services, including a 24-hour helpline, public information 17 resources, professional training, youth prevention, and program 18 evaluation. 19 (2) Of the amount allocated under this paragraph, $306,000 20 shall be utilized by the department of public health, in 21 collaboration with the department of human services, to 22 maintain a single statewide 24-hour crisis hotline for the Iowa 23 children’s behavioral health system that incorporates warmline 24 services which may be provided through expansion of existing 25 capabilities maintained by the department of public health as 26 required pursuant to 2018 Iowa Acts, chapter 1056, section 16 . 27 c. The requirement of section 123.17, subsection 5 , is met 28 by the appropriations and allocations made in this division of 29 this Act for purposes of substance-related disorder treatment 30 and addictive disorders for the fiscal year beginning July 1, 31 2022. 32 2. HEALTHY CHILDREN AND FAMILIES 33 For promoting the optimum health status for children and 34 adolescents from birth through 21 years of age, and families, 35 -5- HF 2578.4575.S (1) 89 mb 5/ 91
and for not more than the following full-time equivalent 1 positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,816,681 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 4 a. Of the funds appropriated in this subsection, not more 5 than $734,000 shall be used for the healthy opportunities for 6 parents to experience success (HOPES)-healthy families Iowa 7 (HFI) program established pursuant to section 135.106 . 8 b. In order to implement the legislative intent stated 9 in sections 135.106 and 256I.9 , priority for home visitation 10 program funding shall be given to programs using evidence-based 11 or promising models for home visitation. 12 c. Of the funds appropriated in this subsection, $3,075,000 13 shall be used for continuation of the department’s initiative 14 to provide for adequate developmental surveillance and 15 screening during a child’s first five years. The funds shall 16 be used first to fully fund the current sites to ensure that 17 the sites are fully operational, with the remaining funds 18 to be used for expansion to additional sites. The full 19 implementation and expansion shall include enhancing the scope 20 of the initiative through collaboration with the child health 21 specialty clinics to promote healthy child development through 22 early identification and response to both biomedical and social 23 determinants of healthy development; by monitoring child 24 health metrics to inform practice, document long-term health 25 impacts and savings, and provide for continuous improvement 26 through training, education, and evaluation; and by providing 27 for practitioner consultation particularly for children with 28 behavioral conditions and needs. The department of public 29 health shall also collaborate with the Iowa Medicaid enterprise 30 and the child health specialty clinics to integrate the 31 activities of the first five initiative into the establishment 32 of patient-centered medical homes, community utilities, 33 accountable care organizations, and other integrated care 34 models developed to improve health quality and population 35 -6- HF 2578.4575.S (1) 89 mb 6/ 91
health while reducing health care costs. To the maximum extent 1 possible, funding allocated in this paragraph shall be utilized 2 as matching funds for medical assistance program reimbursement. 3 d. Of the funds appropriated in this subsection, $64,000 4 shall be distributed to a statewide dental carrier to provide 5 funds to continue the donated dental services program patterned 6 after the projects developed by the dental lifeline network to 7 provide dental services to indigent individuals who are elderly 8 or with disabilities. 9 e. Of the funds appropriated in this subsection, $156,000 10 shall be used to provide audiological services and hearing aids 11 for children. 12 f. Of the funds appropriated in this subsection, $23,000 is 13 transferred to the university of Iowa college of dentistry for 14 provision of primary dental services to children. State funds 15 shall be matched on a dollar-for-dollar basis. The university 16 of Iowa college of dentistry shall coordinate efforts with the 17 department of public health, oral and health delivery system 18 bureau, to provide dental care to underserved populations 19 throughout the state. 20 g. Of the funds appropriated in this subsection, $50,000 21 shall be used to address youth suicide prevention. 22 h. Of the funds appropriated in this subsection, $40,000 23 shall be used to support the Iowa effort to address the survey 24 of children who experience adverse childhood experiences known 25 as ACEs. 26 i. Of the funds appropriated in this subsection, up to 27 $494,000 shall be used for childhood obesity prevention. 28 3. CHRONIC CONDITIONS 29 For serving individuals identified as having chronic 30 conditions or special health care needs, and for not more than 31 the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,258,373 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 34 a. Of the funds appropriated in this subsection, $188,000 35 -7- HF 2578.4575.S (1) 89 mb 7/ 91
shall be used for grants to individual patients who have an 1 inherited metabolic disorder to assist with the costs of 2 medically necessary foods and formula. 3 b. Of the funds appropriated in this subsection, $1,055,000 4 shall be used for the brain injury services program pursuant 5 to section 135.22B , including $861,000 for contracting with an 6 existing nationally affiliated and statewide organization whose 7 purpose is to educate, serve, and support Iowans with brain 8 injury and their families, for resource facilitator services 9 in accordance with section 135.22B, subsection 9 , and for 10 contracting to enhance brain injury training and recruitment 11 of service providers on a statewide basis. Of the amount 12 allocated in this paragraph, $95,000 shall be used to fund 13 1.00 full-time equivalent position to serve as the state brain 14 injury services program manager. 15 c. Of the funds appropriated in this subsection, $144,000 16 shall be used for the public purpose of continuing to contract 17 with an existing nationally affiliated organization to provide 18 education, client-centered programs, and client and family 19 support for people living with epilepsy and their families. 20 The amount allocated in this paragraph in excess of $50,000 21 shall be matched dollar-for-dollar by the organization 22 specified. Funds allocated under this paragraph shall be 23 distributed in their entirety for the purpose specified on July 24 1, 2022. 25 d. Of the funds appropriated in this subsection, $809,000 26 shall be used for child health specialty clinics. 27 e. Of the funds appropriated in this subsection, $384,000 28 shall be used by the regional autism assistance program 29 established pursuant to section 256.35 , and administered by 30 the child health specialty clinic located at the university of 31 Iowa hospitals and clinics. The funds shall be used to enhance 32 interagency collaboration and coordination of educational, 33 medical, and other human services for persons with autism, 34 their families, and providers of services, including delivering 35 -8- HF 2578.4575.S (1) 89 mb 8/ 91
regionalized services of care coordination, family navigation, 1 and integration of services through the statewide system of 2 regional child health specialty clinics and fulfilling other 3 requirements as specified in chapter 225D . The university of 4 Iowa shall not receive funds allocated under this paragraph for 5 indirect costs associated with the regional autism assistance 6 program. 7 f. Of the funds appropriated in this subsection, $577,000 8 shall be used for the comprehensive cancer control program to 9 reduce the burden of cancer in Iowa through prevention, early 10 detection, effective treatment, and ensuring quality of life. 11 Of the funds allocated in this paragraph “f”, $150,000 shall 12 be used to support a melanoma research symposium, a melanoma 13 biorepository and registry, basic and translational melanoma 14 research, and clinical trials. 15 g. Of the funds appropriated in this subsection, $97,000 16 shall be used for cervical and colon cancer screening, and 17 $177,000 shall be used to enhance the capacity of the cervical 18 cancer screening program to include provision of recommended 19 prevention and early detection measures to a broader range of 20 low-income women. 21 h. Of the funds appropriated in this subsection, $506,000 22 shall be used for the center for congenital and inherited 23 disorders. 24 4. COMMUNITY CAPACITY 25 For strengthening the health care delivery system at the 26 local level, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,519,306 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 30 a. Of the funds appropriated in this subsection, $95,000 31 is allocated for continuation of the child vision screening 32 program implemented through the university of Iowa hospitals 33 and clinics in collaboration with early childhood Iowa areas. 34 The program shall submit a report to the department regarding 35 -9- HF 2578.4575.S (1) 89 mb 9/ 91
the use of funds allocated under this paragraph “a”. The 1 report shall include the objectives and results for the 2 program year including the target population and how the funds 3 allocated assisted the program in meeting the objectives; the 4 number, age, and location within the state of individuals 5 served; the type of services provided to the individuals 6 served; the distribution of funds based on service provided; 7 and the continuing needs of the program. 8 b. Of the funds appropriated in this subsection, 9 $48,000 shall be used for a grant to a statewide association 10 of psychologists, that is affiliated with the American 11 psychological association, to be used for continuation of a 12 program to rotate intern psychologists in placements that 13 serve urban and rural mental health professional shortage 14 areas. Once an intern psychologist begins service, the intern 15 psychologist may continue serving in the location of the intern 16 psychologist’s placement, notwithstanding any change in the 17 mental health professional shortage area designation of such 18 location. The intern psychologist may also provide services 19 via telehealth, to underserved populations, and to Medicaid 20 members. For the purposes of this paragraph “b”, “mental 21 health professional shortage area” means a geographic area 22 in this state that has been designated by the United States 23 department of health and human services, health resources and 24 services administration, bureau of health professionals, as 25 having a shortage of mental health professionals. 26 c. Of the funds appropriated in this subsection, the 27 following amounts are allocated to be used as follows 28 to support the goals of increased access, health system 29 integration, and engagement: 30 (1) Not less than $600,000 is allocated to the Iowa 31 prescription drug corporation for continuation of the 32 pharmaceutical infrastructure for safety net providers as 33 described in 2007 Iowa Acts, chapter 218, section 108 , and for 34 the prescription drug donation repository program created in 35 -10- HF 2578.4575.S (1) 89 mb 10/ 91
chapter 135M . Funds allocated under this subparagraph shall 1 be distributed in their entirety for the purpose specified on 2 July 1, 2022. 3 (2) Not less than $334,000 is allocated to free clinics and 4 free clinics of Iowa for necessary infrastructure, statewide 5 coordination, provider recruitment, service delivery, and 6 provision of assistance to patients in securing a medical home 7 inclusive of oral health care. Funds allocated under this 8 subparagraph shall be distributed in their entirety for the 9 purpose specified on July 1, 2022. 10 (3) Not less than $25,000 is allocated to the Iowa 11 association of rural health clinics for necessary 12 infrastructure and service delivery transformation. Funds 13 allocated under this subparagraph shall be distributed in their 14 entirety for the purpose specified on July 1, 2022. 15 (4) Not less than $225,000 is allocated to the Polk county 16 medical society for continuation of the safety net provider 17 patient access to specialty health care initiative as described 18 in 2007 Iowa Acts, chapter 218, section 109 . Funds allocated 19 under this subparagraph shall be distributed in their entirety 20 for the purpose specified on July 1, 2022. 21 d. Of the funds appropriated in this subsection, $191,000 22 is allocated for the purposes of health care and public health 23 workforce initiatives. 24 e. Of the funds appropriated in this subsection, $96,000 25 shall be used for a matching dental education loan repayment 26 program to be allocated to a dental nonprofit health service 27 corporation to continue to develop the criteria and implement 28 the loan repayment program. 29 f. Of the funds appropriated in this subsection, $100,000 30 shall be used for the purposes of the Iowa donor registry as 31 specified in section 142C.18 . 32 g. Of the funds appropriated in this subsection, $96,000 33 shall be used for continuation of a grant to a nationally 34 affiliated volunteer eye organization that has an established 35 -11- HF 2578.4575.S (1) 89 mb 11/ 91
program for children and adults and that is solely dedicated to 1 preserving sight and preventing blindness through education, 2 nationally certified vision screening and training, and 3 community and patient service programs. The contractor shall 4 submit a report to the general assembly regarding the use 5 of funds allocated under this paragraph “g”. The report 6 shall include the objectives and results for the program year 7 including the target population and how the funds allocated 8 assisted the program in meeting the objectives; the number, 9 age, grade level if appropriate, and location within the state 10 of individuals served; the type of services provided to the 11 individuals served; the distribution of funds based on services 12 provided; and the continuing needs of the program. 13 h. Of the funds appropriated in this subsection, $2,100,000 14 shall be deposited in the medical residency training account 15 created in section 135.175, subsection 5 , paragraph “a”, and 16 is appropriated from the account to the department of public 17 health to be used for the purposes of the medical residency 18 training state matching grants program as specified in section 19 135.176 . 20 i. Of the funds appropriated in this subsection, $250,000 21 shall be used for the public purpose of providing funding to 22 Des Moines university to continue a provider education project 23 to provide primary care physicians with the training and skills 24 necessary to recognize the signs of mental illness in patients. 25 j. Of the funds appropriated in this subsection, $800,000 26 shall be used for rural psychiatric residencies to support the 27 annual creation and training of six psychiatric residents who 28 will provide mental health services in underserved areas of 29 the state. Notwithstanding section 8.33, moneys that remain 30 unencumbered or unobligated at the close of the fiscal year 31 shall not revert but shall remain available for expenditure for 32 the purposes designated for subsequent fiscal years. 33 k. Of the funds appropriated in this subsection, $150,000 34 shall be used for psychiatric training to increase access to 35 -12- HF 2578.4575.S (1) 89 mb 12/ 91
mental health care services by expanding the mental health 1 workforce via training of additional physician assistants and 2 nurse practitioners. 3 1. Of the funds appropriated in this subsection, $425,000 4 shall be used for the creation or continuation of a center of 5 excellence program to encourage innovation and collaboration 6 among regional health care providers in a rural area based 7 upon the results of a regional community needs assessment to 8 transform health care delivery in order to provide quality, 9 sustainable care that meets the needs of the local communities. 10 An applicant for the funds shall specify how the funds will 11 be expended to accomplish the goals of the program and shall 12 provide a detailed five-year sustainability plan prior to 13 being awarded any funding. Following the receipt of funding, 14 a recipient shall submit periodic reports as specified by the 15 department to the governor and the general assembly regarding 16 the recipient’s expenditure of the funds and progress in 17 accomplishing the program goals. 18 5. ESSENTIAL PUBLIC HEALTH SERVICES 19 To provide public health services that reduce risks and 20 invest in promoting and protecting good health over the 21 course of a lifetime with a priority given to older Iowans and 22 vulnerable populations: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,662,464 24 6. INFECTIOUS DISEASES 25 For reducing the incidence and prevalence of communicable 26 diseases, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,796,206 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.00 30 7. PUBLIC PROTECTION 31 For protecting the health and safety of the public through 32 establishing standards and enforcing regulations, and for not 33 more than the following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,466,601 35 -13- HF 2578.4575.S (1) 89 mb 13/ 91
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 142.00 1 a. Of the funds appropriated in this subsection, not more 2 than $304,000 shall be credited to the emergency medical 3 services fund created in section 135.25 . Moneys in the 4 emergency medical services fund are appropriated to the 5 department to be used for the purposes of the fund. 6 b. Of the funds appropriated in this subsection, up 7 to $243,000 shall be used for sexual violence prevention 8 programming through a statewide organization representing 9 programs serving victims of sexual violence through the 10 department’s sexual violence prevention program, and for 11 continuation of a training program for sexual assault 12 response team (SART) members, including representatives of 13 law enforcement, victim advocates, prosecutors, and certified 14 medical personnel. The amount allocated in this paragraph “b” 15 shall not be used to supplant funding administered for other 16 sexual violence prevention or victims assistance programs. 17 c. Of the funds appropriated in this subsection, up to 18 $500,000 shall be used for the state poison control center. 19 Pursuant to the directive under 2014 Iowa Acts, chapter 20 1140, section 102 , the federal matching funds available to 21 the state poison control center from the department of human 22 services under the federal Children’s Health Insurance Program 23 Reauthorization Act allotment shall be subject to the federal 24 administrative cap rule of 10 percent applicable to funding 25 provided under Tit. XXI of the federal Social Security Act and 26 included within the department’s calculations of the cap. 27 d. Of the funds appropriated in this subsection, up to 28 $504,000 shall be used for childhood lead poisoning provisions. 29 8. RESOURCE MANAGEMENT 30 For establishing and sustaining the overall ability of the 31 department to deliver services to the public, and for not more 32 than the following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 933,871 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 35 -14- HF 2578.4575.S (1) 89 mb 14/ 91
9. MISCELLANEOUS PROVISIONS 1 The university of Iowa hospitals and clinics under the 2 control of the state board of regents shall not receive 3 indirect costs from the funds appropriated in this section. 4 The university of Iowa hospitals and clinics billings to the 5 department shall be on at least a quarterly basis. 6 Sec. 4. DEPARTMENT OF PUBLIC HEALTH —— SPORTS WAGERING 7 RECEIPTS FUND. There is appropriated from the sports wagering 8 receipts fund created in section 8.57, subsection 6, to the 9 department of public health for the fiscal year beginning July 10 1, 2022, and ending June 30, 2023, the following amount, or 11 so much thereof as is necessary, to be used for the purposes 12 designated: 13 For problem gambling and substance-related disorder 14 prevention, treatment, and recovery services, including a 15 24-hour helpline, public information resources, professional 16 training, youth prevention, and program evaluation: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,750,000 18 DIVISION IV 19 DEPARTMENT OF VETERANS AFFAIRS —— FY 2022-2023 20 Sec. 5. DEPARTMENT OF VETERANS AFFAIRS. There is 21 appropriated from the general fund of the state to the 22 department of veterans affairs for the fiscal year beginning 23 July 1, 2022, and ending June 30, 2023, the following amounts, 24 or so much thereof as is necessary, to be used for the purposes 25 designated: 26 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 27 For salaries, support, maintenance, and miscellaneous 28 purposes, and for not more than the following full-time 29 equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,229,763 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 32 2. IOWA VETERANS HOME 33 For salaries, support, maintenance, and miscellaneous 34 purposes: 35 -15- HF 2578.4575.S (1) 89 mb 15/ 91
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,131,552 1 a. The Iowa veterans home billings involving the department 2 of human services shall be submitted to the department on at 3 least a monthly basis. 4 b. The Iowa veterans home expenditure report shall be 5 submitted monthly to the general assembly. 6 c. The Iowa veterans home shall continue to include in the 7 annual discharge report applicant information to provide for 8 the collection of demographic information including but not 9 limited to the number of individuals applying for admission and 10 admitted or denied admittance and the basis for the admission 11 or denial; the age, gender, and race of such individuals; 12 and the level of care for which such individuals applied for 13 admission including residential or nursing level of care. 14 3. HOME OWNERSHIP ASSISTANCE PROGRAM 15 For transfer to the Iowa finance authority for the 16 continuation of the home ownership assistance program for 17 persons who are or were eligible members of the armed forces of 18 the United States, pursuant to section 16.54 : 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 20 Sec. 6. LIMITATION OF COUNTY COMMISSIONS OF VETERAN AFFAIRS 21 FUND STANDING APPROPRIATIONS. Notwithstanding the standing 22 appropriation in section 35A.16 for the fiscal year beginning 23 July 1, 2022, and ending June 30, 2023, the amount appropriated 24 from the general fund of the state pursuant to that section 25 for the following designated purposes shall not exceed the 26 following amount: 27 For the county commissions of veteran affairs fund under 28 section 35A.16 : 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 990,000 30 DIVISION V 31 DEPARTMENT OF HUMAN SERVICES —— FY 2022-2023 32 Sec. 7. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 33 GRANT. There is appropriated from the fund created in section 34 8.41 to the department of human services for the fiscal year 35 -16- HF 2578.4575.S (1) 89 mb 16/ 91
beginning July 1, 2022, and ending June 30, 2023, from moneys 1 received under the federal temporary assistance for needy 2 families (TANF) block grant pursuant to the federal Personal 3 Responsibility and Work Opportunity Reconciliation Act of 1996, 4 Pub. L. No. 104-193, and successor legislation, the following 5 amounts, or so much thereof as is necessary, to be used for the 6 purposes designated: 7 1. To be credited to the family investment program account 8 and used for assistance under the family investment program 9 under chapter 239B : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,002,006 11 2. To be credited to the family investment program account 12 and used for the job opportunities and basic skills (JOBS) 13 program and implementing family investment agreements in 14 accordance with chapter 239B : 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,412,060 16 3. To be used for the family development and 17 self-sufficiency grant program in accordance with section 18 216A.107 : 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,888,980 20 Notwithstanding section 8.33 , moneys appropriated in this 21 subsection that remain unencumbered or unobligated at the close 22 of the fiscal year shall not revert but shall remain available 23 for expenditure for the purposes designated until the close of 24 the succeeding fiscal year. However, unless such moneys are 25 encumbered or obligated on or before September 30, 2023, the 26 moneys shall revert. 27 4. For field operations: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 29 5. For general administration: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 31 6. For state child care assistance: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,166,826 33 a. Of the funds appropriated in this subsection, 34 $26,205,412 is transferred to the child care and development 35 -17- HF 2578.4575.S (1) 89 mb 17/ 91
block grant appropriation made by the Eighty-ninth General 1 Assembly, 2022 session, for the federal fiscal year beginning 2 October 1, 2022, and ending September 30, 2023. Of this 3 amount, $200,000 shall be used for provision of educational 4 opportunities to registered child care home providers in order 5 to improve services and programs offered by this category 6 of providers and to increase the number of providers. The 7 department may contract with institutions of higher education 8 or child care resource and referral centers to provide 9 the educational opportunities. Allowable administrative 10 costs under the contracts shall not exceed 5 percent. The 11 application for a grant shall not exceed two pages in length. 12 b. Any funds appropriated in this subsection remaining 13 unallocated shall be used for state child care assistance 14 payments for families who are employed including but not 15 limited to individuals enrolled in the family investment 16 program. 17 7. For child and family services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 19 8. For child abuse prevention grants: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 21 9. For pregnancy prevention grants on the condition that 22 family planning services are funded: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,913,203 24 Pregnancy prevention grants shall be awarded to programs 25 in existence on or before July 1, 2022, if the programs have 26 demonstrated positive outcomes. Grants shall be awarded to 27 pregnancy prevention programs which are developed after July 28 1, 2022, if the programs are based on existing models that 29 have demonstrated positive outcomes. Grants shall comply with 30 the requirements provided in 1997 Iowa Acts, chapter 208, 31 section 14, subsections 1 and 2 , including the requirement that 32 grant programs must emphasize sexual abstinence. Priority in 33 the awarding of grants shall be given to programs that serve 34 areas of the state which demonstrate the highest percentage of 35 -18- HF 2578.4575.S (1) 89 mb 18/ 91
unplanned pregnancies of females of childbearing age within the 1 geographic area to be served by the grant. 2 10. For technology needs and other resources necessary to 3 meet federal and state reporting, tracking, and case management 4 requirements and other departmental needs: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 6 11. a. Notwithstanding any provision to the contrary, 7 including but not limited to requirements in section 8.41 or 8 provisions in 2021 Iowa Acts or 2022 Iowa Acts regarding the 9 receipt and appropriation of federal block grants, federal 10 funds from the temporary assistance for needy families block 11 grant received by the state and not otherwise appropriated 12 in this section and remaining available for the fiscal year 13 beginning July 1, 2022, are appropriated to the department of 14 human services to the extent as may be necessary to be used in 15 the following priority order: the family investment program, 16 for state child care assistance program payments for families 17 who are employed, and for the family investment program share 18 of system costs for eligibility determination and related 19 functions. The federal funds appropriated in this paragraph 20 “a” shall be expended only after all other funds appropriated 21 in subsection 1 for assistance under the family investment 22 program, in subsection 6 for state child care assistance, or 23 in subsection 10 for technology needs and other resources 24 necessary to meet departmental needs, as applicable, have been 25 expended. For the purposes of this subsection, the funds 26 appropriated in subsection 6, paragraph “a”, for transfer 27 to the child care and development block grant appropriation 28 are considered fully expended when the full amount has been 29 transferred. 30 b. The department shall, on a quarterly basis, advise the 31 general assembly and department of management of the amount of 32 funds appropriated in this subsection that was expended in the 33 prior quarter. 34 12. Of the amounts appropriated in this section, 35 -19- HF 2578.4575.S (1) 89 mb 19/ 91
$12,962,008 for the fiscal year beginning July 1, 2022, is 1 transferred to the appropriation of the federal social services 2 block grant made to the department of human services for that 3 fiscal year. 4 13. For continuation of the program providing categorical 5 eligibility for the supplemental nutrition assistance program 6 (SNAP) as specified for the program in the section of this 7 division of this Act relating to the family investment program 8 account: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,236 10 14. The department may transfer funds allocated in this 11 section to the appropriations made in this division of this Act 12 for the same fiscal year for general administration and field 13 operations for resources necessary to implement and operate the 14 services referred to in this section and those funded in the 15 appropriation made in this division of this Act for the same 16 fiscal year for the family investment program from the general 17 fund of the state. 18 15. With the exception of moneys allocated under this 19 section for the family development and self-sufficiency grant 20 program, to the extent moneys allocated in this section are 21 deemed by the department not to be necessary to support the 22 purposes for which they are allocated, such moneys may be used 23 in the same fiscal year for any other purpose for which funds 24 are allocated in this section or in section 8 of this division 25 of this Act for the family investment program account. If 26 there are conflicting needs, priority shall first be given 27 to the family investment program account as specified under 28 subsection 1 of this section and used for the purposes of 29 assistance under the family investment program in accordance 30 with chapter 239B , followed by state child care assistance 31 program payments for families who are employed, followed by 32 other priorities as specified by the department. 33 Sec. 8. FAMILY INVESTMENT PROGRAM ACCOUNT. 34 1. Moneys credited to the family investment program (FIP) 35 -20- HF 2578.4575.S (1) 89 mb 20/ 91
account for the fiscal year beginning July 1, 2022, and 1 ending June 30, 2023, shall be used to provide assistance in 2 accordance with chapter 239B . 3 2. The department may use a portion of the moneys credited 4 to the FIP account under this section as necessary for 5 salaries, support, maintenance, and miscellaneous purposes, 6 including administrative and information technology costs 7 associated with rent reimbursement and other income assistance 8 programs administered by the department. 9 3. The department may transfer funds allocated in 10 subsection 4, excluding the allocation under subsection 4, 11 paragraph “b”, to the appropriations made in this division of 12 this Act for the same fiscal year for general administration 13 and field operations for resources necessary to implement 14 and operate the services referred to in this section and 15 those funded in the appropriations made in section 7 for the 16 temporary assistance for needy families block grant and in 17 section 9 for the family investment program from the general 18 fund of the state in this division of this Act for the same 19 fiscal year. 20 4. Moneys appropriated in this division of this Act and 21 credited to the FIP account for the fiscal year beginning July 22 1, 2022, and ending June 30, 2023, are allocated as follows: 23 a. To be retained by the department of human services to 24 be used for coordinating with the department of human rights 25 to more effectively serve participants in FIP and other shared 26 clients and to meet federal reporting requirements under the 27 federal temporary assistance for needy families block grant: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 29 b. To the department of human rights for staffing, 30 administration, and implementation of the family development 31 and self-sufficiency grant program in accordance with section 32 216A.107 : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,192,834 34 (1) Of the funds allocated for the family development 35 -21- HF 2578.4575.S (1) 89 mb 21/ 91
and self-sufficiency grant program in this paragraph “b”, 1 not more than 5 percent of the funds shall be used for the 2 administration of the grant program. 3 (2) The department of human rights may continue to implement 4 the family development and self-sufficiency grant program 5 statewide during fiscal year 2022-2023. 6 (3) The department of human rights may engage in activities 7 to strengthen and improve family outcomes measures and 8 data collection systems under the family development and 9 self-sufficiency grant program. 10 c. For the diversion subaccount of the FIP account: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,293,000 12 A portion of the moneys allocated for the diversion 13 subaccount may be used for field operations, salaries, data 14 management system development, and implementation costs and 15 support deemed necessary by the director of human services 16 in order to administer the FIP diversion program. To the 17 extent moneys allocated in this paragraph “c” are deemed by the 18 department not to be necessary to support diversion activities, 19 such moneys may be used for other efforts intended to increase 20 engagement by family investment program participants in work, 21 education, or training activities, or for the purposes of 22 assistance under the family investment program in accordance 23 with chapter 239B . 24 d. For the SNAP employment and training program: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 26 (1) The department shall apply the federal SNAP employment 27 and training state plan in order to maximize to the fullest 28 extent permitted by federal law the use of the 50 percent 29 federal reimbursement provisions for the claiming of allowable 30 federal reimbursement funds from the United States department 31 of agriculture pursuant to the federal SNAP employment and 32 training program for providing education, employment, and 33 training services for eligible SNAP participants, including 34 but not limited to related dependent care and transportation 35 -22- HF 2578.4575.S (1) 89 mb 22/ 91
expenses. 1 (2) The department shall continue the categorical 2 federal SNAP eligibility at 160 percent of the federal 3 poverty level and continue to eliminate the asset test from 4 eligibility requirements, consistent with federal SNAP program 5 requirements. The department shall include as many SNAP 6 households as is allowed by federal law. The eligibility 7 provisions shall conform to all federal requirements including 8 requirements addressing individuals who are disqualified for 9 committing an intentional program violation or are otherwise 10 ineligible. 11 e. For the JOBS program, not more than: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,018,258 13 5. Of the child support collections assigned under FIP, 14 an amount equal to the federal share of support collections 15 shall be credited to the child support recovery appropriation 16 made in this division of this Act. Of the remainder of the 17 assigned child support collections received by the child 18 support recovery unit, a portion shall be credited to the FIP 19 account, a portion may be used to increase recoveries, and a 20 portion may be used to sustain cash flow in the child support 21 payments account. If as a consequence of the appropriations 22 and allocations made in this section the resulting amounts 23 are insufficient to sustain cash assistance payments and meet 24 federal maintenance of effort requirements, the department 25 shall seek supplemental funding. If child support collections 26 assigned under FIP are greater than estimated or are otherwise 27 determined not to be required for maintenance of effort, the 28 state share of either amount may be transferred to or retained 29 in the child support payments account. 30 Sec. 9. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 31 is appropriated from the general fund of the state to the 32 department of human services for the fiscal year beginning July 33 1, 2022, and ending June 30, 2023, the following amount, or 34 so much thereof as is necessary, to be used for the purpose 35 -23- HF 2578.4575.S (1) 89 mb 23/ 91
designated: 1 To be credited to the family investment program (FIP) 2 account and used for family investment program assistance 3 under chapter 239B and other costs associated with providing 4 needs-based benefits or assistance: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,003,978 6 1. Of the funds appropriated in this section, $6,606,198 is 7 allocated for the JOBS program. 8 2. Of the funds appropriated in this section, $4,313,854 is 9 allocated for the family development and self-sufficiency grant 10 program. 11 3. a. Notwithstanding section 8.39 , for the fiscal 12 year beginning July 1, 2022, if necessary to meet federal 13 maintenance of effort requirements or to transfer federal 14 temporary assistance for needy families block grant funding 15 to be used for purposes of the federal social services block 16 grant or to meet cash flow needs resulting from delays in 17 receiving federal funding or to implement, in accordance with 18 this division of this Act, activities currently funded with 19 juvenile court services, county, or community moneys and state 20 moneys used in combination with such moneys; to comply with 21 federal requirements; or to maximize the use of federal funds; 22 the department of human services may transfer funds within or 23 between any of the appropriations made in this division of this 24 Act and appropriations in law for the federal social services 25 block grant to the department for the following purposes, 26 provided that the combined amount of state and federal 27 temporary assistance for needy families block grant funding 28 for each appropriation remains the same before and after the 29 transfer: 30 (1) For the family investment program. 31 (2) For state child care assistance. 32 (3) For child and family services. 33 (4) For field operations. 34 (5) For general administration. 35 -24- HF 2578.4575.S (1) 89 mb 24/ 91
b. This subsection shall not be construed to prohibit the 1 use of existing state transfer authority for other purposes. 2 The department shall report any transfers made pursuant to this 3 subsection to the general assembly. 4 4. Of the funds appropriated in this section, $195,000 5 shall be used for a contract for tax preparation assistance 6 to low-income Iowans to expand the usage of the earned income 7 tax credit. The purpose of the contract is to supply this 8 assistance to underserved areas of the state. The department 9 shall not retain any portion of the allocation under this 10 subsection for administrative costs. 11 5. Of the funds appropriated in this section, $70,000 shall 12 be used for the continuation of the parenting program, as 13 specified in 441 IAC ch. 100 , relating to parental obligations, 14 in which the child support recovery unit participates, to 15 support the efforts of a nonprofit organization committed to 16 strengthening the community through youth development, healthy 17 living, and social responsibility headquartered in a county 18 with a population over 450,000 according to the 2020 certified 19 federal census. The funds allocated in this subsection shall 20 be used by the recipient organization to develop a larger 21 community effort, through public and private partnerships, to 22 support a broad-based multi-county parenthood initiative that 23 promotes payment of child support obligations, improved family 24 relationships, and full-time employment. 25 6. The department may transfer funds appropriated in this 26 section, excluding the allocation in subsection 2 for the 27 family development and self-sufficiency grant program, to the 28 appropriations made in this division of this Act for general 29 administration and field operations as necessary to administer 30 this section, section 7 for the temporary assistance for needy 31 families block grant, and section 8 for the family investment 32 program account. 33 Sec. 10. CHILD SUPPORT RECOVERY. There is appropriated 34 from the general fund of the state to the department of human 35 -25- HF 2578.4575.S (1) 89 mb 25/ 91
services for the fiscal year beginning July 1, 2022, and ending 1 June 30, 2023, the following amount, or so much thereof as is 2 necessary, to be used for the purposes designated: 3 For child support recovery, including salaries, support, 4 maintenance, and miscellaneous purposes, and for not more than 5 the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,942,885 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 459.00 8 1. The department shall expend up to $24,000, including 9 federal financial participation, for the fiscal year beginning 10 July 1, 2022, for a child support public awareness campaign. 11 The department and the office of the attorney general shall 12 cooperate in continuation of the campaign. The public 13 awareness campaign shall emphasize, through a variety of 14 media activities, the importance of maximum involvement of 15 both parents in the lives of their children as well as the 16 importance of payment of child support obligations. 17 2. Federal access and visitation grant moneys shall be 18 issued directly to private not-for-profit agencies that provide 19 services designed to increase compliance with the child access 20 provisions of court orders, including but not limited to 21 neutral visitation sites and mediation services. 22 3. The appropriation made to the department for child 23 support recovery may be used throughout the fiscal year in the 24 manner necessary for purposes of cash flow management, and for 25 cash flow management purposes the department may temporarily 26 draw more than the amount appropriated, provided the amount 27 appropriated is not exceeded at the close of the fiscal year. 28 Sec. 11. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE —— 29 FY 2022-2023. Any funds remaining in the health care trust 30 fund created in section 453A.35A for the fiscal year beginning 31 July 1, 2022, and ending June 30, 2023, are appropriated to 32 the department of human services to supplement the medical 33 assistance program appropriations made in this division of this 34 Act, for medical assistance reimbursement and associated costs, 35 -26- HF 2578.4575.S (1) 89 mb 26/ 91
including program administration and costs associated with 1 program implementation. 2 Sec. 12. MEDICAID FRAUD FUND —— MEDICAL ASSISTANCE —— FY 3 2022-2023. Any funds remaining in the Medicaid fraud fund 4 created in section 249A.50 for the fiscal year beginning 5 July 1, 2022, and ending June 30, 2023, are appropriated to 6 the department of human services to supplement the medical 7 assistance appropriations made in this division of this Act, 8 for medical assistance reimbursement and associated costs, 9 including program administration and costs associated with 10 program implementation. 11 Sec. 13. MEDICAL ASSISTANCE. There is appropriated from the 12 general fund of the state to the department of human services 13 for the fiscal year beginning July 1, 2022, and ending June 30, 14 2023, the following amount, or so much thereof as is necessary, 15 to be used for the purpose designated: 16 For medical assistance program reimbursement and associated 17 costs as specifically provided in the reimbursement 18 methodologies in effect on June 30, 2022, except as otherwise 19 expressly authorized by law, consistent with options under 20 federal law and regulations, and contingent upon receipt of 21 approval from the office of the governor of reimbursement for 22 each abortion performed under the program: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,510,127,388 24 1. Iowans support reducing the number of abortions 25 performed in our state. Funds appropriated under this section 26 shall not be used for abortions, unless otherwise authorized 27 under this section. 28 2. The provisions of this section relating to abortions 29 shall also apply to the Iowa health and wellness plan created 30 pursuant to chapter 249N . 31 3. The department shall utilize not more than $60,000 of 32 the funds appropriated in this section to continue the AIDS/HIV 33 health insurance premium payment program as established in 1992 34 Iowa Acts, Second Extraordinary Session, chapter 1001, section 35 -27- HF 2578.4575.S (1) 89 mb 27/ 91
409, subsection 6 . Of the funds allocated in this subsection, 1 not more than $5,000 may be expended for administrative 2 purposes. 3 4. Of the funds appropriated in this Act to the department 4 of public health for addictive disorders, $950,000 for 5 the fiscal year beginning July 1, 2022, is transferred 6 to the department of human services for an integrated 7 substance-related disorder managed care system. The 8 departments of human services and public health shall 9 work together to maintain the level of mental health and 10 substance-related disorder treatment services provided by the 11 managed care contractors. Each department shall take the steps 12 necessary to continue the federal waivers as necessary to 13 maintain the level of services. 14 5. The department shall aggressively pursue options for 15 providing medical assistance or other assistance to individuals 16 with special needs who become ineligible to continue receiving 17 services under the early and periodic screening, diagnostic, 18 and treatment program under the medical assistance program 19 due to becoming 21 years of age who have been approved for 20 additional assistance through the department’s exception to 21 policy provisions, but who have health care needs in excess 22 of the funding available through the exception to policy 23 provisions. 24 6. Of the funds appropriated in this section, up to 25 $3,050,082 may be transferred to the field operations or 26 general administration appropriations in this division of this 27 Act for operational costs associated with Part D of the federal 28 Medicare Prescription Drug Improvement and Modernization Act 29 of 2003, Pub. L. No. 108-173. 30 7. Of the funds appropriated in this section, up to $442,100 31 may be transferred to the appropriation in this division of 32 this Act for health program operations to be used for clinical 33 assessment services and prior authorization of services. 34 8. A portion of the funds appropriated in this section may 35 -28- HF 2578.4575.S (1) 89 mb 28/ 91
be transferred to the appropriations in this division of this 1 Act for general administration, health program operations, the 2 children’s health insurance program, or field operations to be 3 used for the state match cost to comply with the payment error 4 rate measurement (PERM) program for both the medical assistance 5 and children’s health insurance programs as developed by the 6 centers for Medicare and Medicaid services of the United States 7 department of health and human services to comply with the 8 federal Improper Payments Information Act of 2002, Pub. L. 9 No. 107-300, and to support other reviews and quality control 10 activities to improve the integrity of these programs. 11 9. Of the funds appropriated in this section, a sufficient 12 amount is allocated to supplement the incomes of residents of 13 nursing facilities, intermediate care facilities for persons 14 with mental illness, and intermediate care facilities for 15 persons with an intellectual disability, with incomes of less 16 than $50 in the amount necessary for the residents to receive a 17 personal needs allowance of $50 per month pursuant to section 18 249A.30A . 19 10. One hundred percent of the nonfederal share of payments 20 to area education agencies that are medical assistance 21 providers for medical assistance-covered services provided to 22 medical assistance-covered children, shall be made from the 23 appropriation made in this section. 24 11. A portion of the funds appropriated in this section may 25 be transferred to the appropriation in this division of this 26 Act for health program operations to be used for administrative 27 activities associated with the money follows the person 28 demonstration project. 29 12. Of the funds appropriated in this section, $349,011 30 shall be used for the administration of the health insurance 31 premium payment program, including salaries, support, 32 maintenance, and miscellaneous purposes. 33 13. a. The department may increase the amounts allocated 34 for salaries, support, maintenance, and miscellaneous purposes 35 -29- HF 2578.4575.S (1) 89 mb 29/ 91
associated with the medical assistance program, as necessary, 1 to sustain cost management efforts. The department shall 2 report any such increase to the general assembly and the 3 department of management. 4 b. If the savings to the medical assistance program from 5 ongoing cost management efforts exceed the associated cost 6 for the fiscal year beginning July 1, 2022, the department 7 may transfer any savings generated for the fiscal year due 8 to medical assistance program cost management efforts to the 9 appropriation made in this division of this Act for health 10 program operations or general administration to defray the 11 costs associated with implementing the efforts. 12 14. For the fiscal year beginning July 1, 2022, and ending 13 June 30, 2023, the replacement generation tax revenues required 14 to be deposited in the property tax relief fund pursuant to 15 section 437A.8, subsection 4 , paragraph “d”, and section 16 437A.15, subsection 3 , paragraph “f”, shall instead be credited 17 to and supplement the appropriation made in this section and 18 used for the allocations made in this section. 19 15. a. Of the funds appropriated in this section, up 20 to $50,000 may be transferred by the department to the 21 appropriation made in this division of this Act to the 22 department for the same fiscal year for general administration 23 to be used for associated administrative expenses and for not 24 more than 1.00 full-time equivalent position, in addition to 25 those authorized for the same fiscal year, to be assigned to 26 implementing the children’s mental health home project. 27 b. Of the funds appropriated in this section, up to $400,000 28 may be transferred by the department to the appropriation made 29 to the department in this division of this Act for the same 30 fiscal year for Medicaid program-related general administration 31 planning and implementation activities. The funds may be used 32 for contracts or for personnel in addition to the amounts 33 appropriated for and the positions authorized for general 34 administration for the fiscal year. 35 -30- HF 2578.4575.S (1) 89 mb 30/ 91
c. Of the funds appropriated in this section, up to 1 $3,000,000 may be transferred by the department to the 2 appropriations made in this division of this Act for the 3 same fiscal year for general administration or health 4 program operations to be used to support the development 5 and implementation of standardized assessment tools for 6 persons with mental illness, an intellectual disability, a 7 developmental disability, or a brain injury. 8 16. Of the funds appropriated in this section, $150,000 9 shall be used for lodging expenses associated with care 10 provided at the university of Iowa hospitals and clinics for 11 patients with cancer whose travel distance is 30 miles or more 12 and whose income is at or below 200 percent of the federal 13 poverty level as defined by the most recently revised poverty 14 income guidelines published by the United States department of 15 health and human services. The department of human services 16 shall establish the maximum number of overnight stays and the 17 maximum rate reimbursed for overnight lodging, which may be 18 based on the state employee rate established by the department 19 of administrative services. The funds allocated in this 20 subsection shall not be used as nonfederal share matching 21 funds. 22 17. Of the funds appropriated in this section, up to 23 $3,383,880 shall be used for administration of the state family 24 planning services program pursuant to section 217.41B , and 25 of this amount, the department may use up to $200,000 for 26 administrative expenses. 27 18. Of the funds appropriated in this section, $1,545,530 28 shall be used and may be transferred to other appropriations 29 in this division of this Act as necessary to administer the 30 provisions in the division of this Act relating to Medicaid 31 program administration. 32 19. The department shall comply with the centers for 33 Medicare and Medicaid services’ guidance related to Medicaid 34 program and children’s health insurance program maintenance 35 -31- HF 2578.4575.S (1) 89 mb 31/ 91
of effort provisions, including eligibility standards, 1 methodologies, procedures, and continuous enrollment, to 2 receive the enhanced federal medical assistance percentage 3 under section 6008(b) of the federal Families First Coronavirus 4 Response Act, Pub. L. No. 116-127. The department shall 5 utilize and implement all tools, processes, and resources 6 available to expediently return to normal eligibility and 7 enrollment operations in compliance with federal guidance and 8 expectations. 9 20. A portion of the funds appropriated in this section 10 may be transferred to the appropriation made in this division 11 of this Act for the children’s health insurance program, 12 if the children’s health insurance program appropriation 13 is insufficient to cover the designated purposes of that 14 appropriation. 15 21. The department of human services shall submit a Medicaid 16 state plan amendment to the centers for Medicare and Medicaid 17 services to request the addition of functional family therapy 18 and multisystemic therapy for youth as covered services under 19 the Medicaid program. The department shall include functional 20 family therapy and multisystemic therapy under the Medicaid 21 program as covered services upon receipt of federal approval. 22 Sec. 14. HEALTH PROGRAM OPERATIONS. 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, 2022, and ending 25 June 30, 2023, the following amount, or so much thereof as is 26 necessary, to be used for the purpose designated: 27 For health program operations: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,446,343 29 1. The department of inspections and appeals shall 30 provide all state matching funds for survey and certification 31 activities performed by the department of inspections 32 and appeals. The department of human services is solely 33 responsible for distributing the federal matching funds for 34 such activities. 35 -32- HF 2578.4575.S (1) 89 mb 32/ 91
2. Of the funds appropriated in this section, $50,000 shall 1 be used for continuation of home and community-based services 2 waiver quality assurance programs, including the review and 3 streamlining of processes and policies related to oversight and 4 quality management to meet state and federal requirements. 5 3. Of the amount appropriated in this section, up to 6 $200,000 may be transferred to the appropriation for general 7 administration in this division of this Act to be used for 8 additional full-time equivalent positions in the development 9 of key health initiatives such as development and oversight 10 of managed care programs and development of health strategies 11 targeted toward improved quality and reduced costs in the 12 Medicaid program. 13 4. Of the funds appropriated in this section, $1,000,000 14 shall be used for planning and development, in cooperation with 15 the department of public health, of a phased-in program to 16 provide a dental home for children. 17 5. a. Of the funds appropriated in this section, $188,000 18 shall be credited to the autism support program fund created 19 in section 225D.2 to be used for the autism support program 20 created in chapter 225D , with the exception of the following 21 amount of this allocation which shall be used as follows: 22 b. Of the funds allocated in this subsection, $25,000 shall 23 be used for the public purpose of continuation of a grant to 24 a nonprofit provider of child welfare services that has been 25 in existence for more than 115 years, is located in a county 26 with a population between 220,000 and 250,000 according to the 27 2020 federal decennial census, is licensed as a psychiatric 28 medical institution for children, and provides school-based 29 programming, to be used for support services for children with 30 autism spectrum disorder and their families. 31 Sec. 15. STATE SUPPLEMENTARY ASSISTANCE. 32 1. There is appropriated from the general fund of the 33 state to the department of human services for the fiscal year 34 beginning July 1, 2022, and ending June 30, 2023, the following 35 -33- HF 2578.4575.S (1) 89 mb 33/ 91
amount, or so much thereof as is necessary, to be used for the 1 purpose designated: 2 For the state supplementary assistance program: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,349,002 4 2. The department shall increase the personal needs 5 allowance for residents of residential care facilities by the 6 same percentage and at the same time as federal supplemental 7 security income and federal social security benefits are 8 increased due to a recognized increase in the cost of living. 9 The department may adopt emergency rules to implement this 10 subsection. 11 3. If during the fiscal year beginning July 1, 2022, 12 the department projects that state supplementary assistance 13 expenditures for a calendar year will not meet the federal 14 pass-through requirement specified in Tit. XVI of the federal 15 Social Security Act, section 1618, as codified in 42 U.S.C. 16 §1382g, the department may take actions including but not 17 limited to increasing the personal needs allowance for 18 residential care facility residents and making programmatic 19 adjustments or upward adjustments of the residential care 20 facility or in-home health-related care reimbursement rates 21 prescribed in this division of this Act to ensure that federal 22 requirements are met. In addition, the department may make 23 other programmatic and rate adjustments necessary to remain 24 within the amount appropriated in this section while ensuring 25 compliance with federal requirements. The department may adopt 26 emergency rules to implement the provisions of this subsection. 27 4. Notwithstanding section 8.33 , moneys appropriated 28 in this section that remain unencumbered or unobligated 29 at the close of the fiscal year shall not revert but 30 shall remain available for expenditure for the purposes 31 designated, including for liability amounts associated with the 32 supplemental nutrition assistance program payment error rate, 33 until the close of the succeeding fiscal year. 34 Sec. 16. CHILDREN’S HEALTH INSURANCE PROGRAM. 35 -34- HF 2578.4575.S (1) 89 mb 34/ 91
1. There is appropriated from the general fund of the 1 state to the department of human services for the fiscal year 2 beginning July 1, 2022, and ending June 30, 2023, the following 3 amount, or so much thereof as is necessary, to be used for the 4 purpose designated: 5 For maintenance of the healthy and well kids in Iowa (hawk-i) 6 program pursuant to chapter 514I , including supplemental dental 7 services, for receipt of federal financial participation under 8 Tit. XXI of the federal Social Security Act, which creates the 9 children’s health insurance program: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,661,688 11 2. Of the funds appropriated in this section, $158,850 is 12 allocated for continuation of the contract for outreach with 13 the department of public health. 14 3. A portion of the funds appropriated in this section may 15 be transferred to the appropriations made in this division of 16 this Act for field operations or health program operations to 17 be used for the integration of hawk-i program eligibility, 18 payment, and administrative functions under the purview of 19 the department of human services, including for the Medicaid 20 management information system upgrade. 21 Sec. 17. CHILD CARE ASSISTANCE. There is appropriated 22 from the general fund of the state to the department of human 23 services for the fiscal year beginning July 1, 2022, and ending 24 June 30, 2023, the following amount, or so much thereof as is 25 necessary, to be used for the purpose designated: 26 For child care programs: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,816,931 28 1. Of the funds appropriated in this section, $34,966,931 29 shall be used for state child care assistance in accordance 30 with section 237A.13 . 31 2. Nothing in this section shall be construed or is 32 intended as or shall imply a grant of entitlement for services 33 to persons who are eligible for assistance due to an income 34 level consistent with the waiting list requirements of section 35 -35- HF 2578.4575.S (1) 89 mb 35/ 91
237A.13 . Any state obligation to provide services pursuant to 1 this section is limited to the extent of the funds appropriated 2 in this section. 3 3. A list of the registered and licensed child care 4 facilities operating in the area served by a child care 5 resource and referral service shall be made available to the 6 families receiving state child care assistance in that area. 7 4. Of the funds appropriated in this section, $5,850,000 8 shall be credited to the early childhood programs grants 9 account in the early childhood Iowa fund created in section 10 256I.11 . The moneys shall be distributed for funding of 11 community-based early childhood programs targeted to children 12 from birth through five years of age developed by early 13 childhood Iowa areas in accordance with approved community 14 plans as provided in section 256I.8 . 15 5. The department may use any of the funds appropriated 16 in this section as a match to obtain federal funds for use in 17 expanding child care assistance and related programs. For 18 the purpose of expenditures of state and federal child care 19 funding, funds shall be considered obligated at the time 20 expenditures are projected or are allocated to the department’s 21 service areas. Projections shall be based on current and 22 projected caseload growth, current and projected provider 23 rates, staffing requirements for eligibility determination 24 and management of program requirements including data systems 25 management, staffing requirements for administration of the 26 program, contractual and grant obligations and any transfers 27 to other state agencies, and obligations for decategorization 28 or innovation projects. 29 6. A portion of the state match for the federal child care 30 and development block grant shall be provided as necessary to 31 meet federal matching funds requirements through the state 32 general fund appropriation made for child development grants 33 and other programs for at-risk children in section 279.51 . 34 7. If a uniform reduction ordered by the governor under 35 -36- HF 2578.4575.S (1) 89 mb 36/ 91
section 8.31 or other operation of law, transfer, or federal 1 funding reduction reduces the appropriation made in this 2 section for the fiscal year, the percentage reduction in the 3 amount paid out to or on behalf of the families participating 4 in the state child care assistance program shall be equal to or 5 less than the percentage reduction made for any other purpose 6 payable from the appropriation made in this section and the 7 federal funding relating to it. The percentage reduction to 8 the other allocations made in this section shall be the same as 9 the uniform reduction ordered by the governor or the percentage 10 change of the federal funding reduction, as applicable. If 11 there is an unanticipated increase in federal funding provided 12 for state child care services, the entire amount of the 13 increase, except as necessary to meet federal requirements 14 including quality set asides, shall be used for state child 15 care assistance payments. If the appropriations made for 16 purposes of the state child care assistance program for the 17 fiscal year are determined to be insufficient, it is the intent 18 of the general assembly to appropriate sufficient funding for 19 the fiscal year in order to avoid establishment of waiting list 20 requirements. 21 8. Notwithstanding section 8.33 , moneys advanced for 22 purposes of the programs developed by early childhood Iowa 23 areas, advanced for purposes of wraparound child care, or 24 received from the federal appropriations made for the purposes 25 of this section that remain unencumbered or unobligated at the 26 close of the fiscal year shall not revert to any fund but shall 27 remain available for expenditure for the purposes designated 28 until the close of the succeeding fiscal year. 29 Sec. 18. JUVENILE INSTITUTION. There is appropriated 30 from the general fund of the state to the department of human 31 services for the fiscal year beginning July 1, 2022, and ending 32 June 30, 2023, the following amounts, or so much thereof as is 33 necessary, to be used for the purposes designated: 34 1. a. For operation of the state training school at Eldora 35 -37- HF 2578.4575.S (1) 89 mb 37/ 91
and for salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,606,871 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 207.00 5 b. Of the funds appropriated in this subsection, $91,000 6 shall be used for distribution to licensed classroom teachers 7 at this and other institutions under the control of the 8 department of human services based upon the average student 9 yearly enrollment at each institution as determined by the 10 department. 11 2. A portion of the moneys appropriated in this section 12 shall be used by the state training school at Eldora for 13 grants for adolescent pregnancy prevention activities at the 14 institution in the fiscal year beginning July 1, 2022. 15 3. Of the funds appropriated in this subsection, $212,000 16 shall be used by the state training school at Eldora for a 17 substance use disorder treatment program at the institution for 18 the fiscal year beginning July 1, 2022. 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. 19. CHILD AND FAMILY SERVICES. 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, 2022, and ending June 30, 2023, the following 28 amount, or so much thereof as is necessary, to be used for the 29 purpose designated: 30 For child and family services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 93,571,677 32 2. The department may transfer funds appropriated in this 33 section as necessary to pay the nonfederal costs of services 34 reimbursed under the medical assistance program, state child 35 -38- HF 2578.4575.S (1) 89 mb 38/ 91
care assistance program, or the family investment program which 1 are provided to children who would otherwise receive services 2 paid under the appropriation in this section. The department 3 may transfer funds appropriated in this section to the 4 appropriations made in this division of this Act for general 5 administration and for field operations for resources necessary 6 to implement and operate the services funded in this section. 7 3. Of the funds appropriated in this section, up to 8 $40,500,000 is allocated for group foster care maintenance and 9 services. 10 4. In accordance with the provisions of section 232.188 , 11 the department shall continue the child welfare and juvenile 12 justice funding initiative during fiscal year 2022-2023. Of 13 the funds appropriated in this section, $1,717,000 is allocated 14 specifically for expenditure for fiscal year 2022-2023 through 15 the decategorization services funding pools and governance 16 boards established pursuant to section 232.188 . 17 5. A portion of the funds appropriated in this section 18 may be used for emergency family assistance to provide other 19 resources required for a family participating in a family 20 preservation or reunification project or successor project to 21 stay together or to be reunified. 22 6. Of the funds appropriated in this section, a sufficient 23 amount is allocated for shelter care and the child welfare 24 emergency services contracting implemented to provide for or 25 prevent the need for shelter care. 26 7. Federal funds received by the state during the fiscal 27 year beginning July 1, 2022, as the result of the expenditure 28 of state funds appropriated 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 services and purposes provided for under this section. 32 Notwithstanding section 8.33 , moneys received in accordance 33 with this subsection that remain unencumbered or unobligated at 34 the close of the fiscal year shall not revert to any fund but 35 -39- HF 2578.4575.S (1) 89 mb 39/ 91
shall remain available for the purposes designated until the 1 close of the succeeding fiscal year. 2 8. a. Of the funds appropriated in this section, up to 3 $3,290,000 is allocated for the payment of the expenses of 4 court-ordered services provided to juveniles who are under the 5 supervision of juvenile court services, which expenses are a 6 charge upon the state pursuant to section 232.141, subsection 7 4 . Of the amount allocated in this paragraph “a”, up to 8 $1,556,000 shall be made available to provide school-based 9 supervision of children adjudicated under chapter 232 , of which 10 not more than $15,000 may be used for the purpose of training. 11 A portion of the cost of each school-based liaison officer 12 shall be paid by the school district or other funding source as 13 approved by the chief juvenile court officer. 14 b. Of the funds appropriated in this section, up to $748,000 15 is allocated for the payment of the expenses of court-ordered 16 services provided to children who are under the supervision 17 of the department, which expenses are a charge upon the state 18 pursuant to section 232.141, subsection 4 . 19 c. Notwithstanding section 232.141 or any other provision 20 of law to the contrary, the amounts allocated in this 21 subsection shall be distributed to the judicial districts 22 as determined by the state court administrator and to the 23 department’s service areas as determined by the administrator 24 of the department of human services’ division of child and 25 family services. The state court administrator and the 26 division administrator shall make the determination of the 27 distribution amounts on or before June 15, 2022. 28 d. Notwithstanding chapter 232 or any other provision of 29 law to the contrary, a district or juvenile court shall not 30 order any service which is a charge upon the state pursuant 31 to section 232.141 if there are insufficient court-ordered 32 services funds available in the district court or departmental 33 service area distribution amounts to pay for the service. The 34 chief juvenile court officer and the departmental service area 35 -40- HF 2578.4575.S (1) 89 mb 40/ 91
manager shall encourage use of the funds allocated in this 1 subsection such that there are sufficient funds to pay for 2 all court-related services during the entire year. The chief 3 juvenile court officers and departmental service area managers 4 shall attempt to anticipate potential surpluses and shortfalls 5 in the distribution amounts and shall cooperatively request the 6 state court administrator or division administrator to transfer 7 funds between the judicial districts’ or departmental service 8 areas’ distribution amounts as prudent. 9 e. Notwithstanding any provision of law to the contrary, 10 a district or juvenile court shall not order a county to pay 11 for any service provided to a juvenile pursuant to an order 12 entered under chapter 232 which is a charge upon the state 13 under section 232.141, subsection 4 . 14 f. Of the funds allocated in this subsection, not more than 15 $83,000 may be used by the judicial branch for administration 16 of the requirements under this subsection. 17 g. Of the funds allocated in this subsection, $17,000 18 shall be used by the department of human services to support 19 the interstate commission for juveniles in accordance with 20 the interstate compact for juveniles as provided in section 21 232.173 . 22 9. Of the funds appropriated in this section, $12,253,000 is 23 allocated for juvenile delinquent graduated sanctions services. 24 Any state funds saved as a result of efforts by juvenile court 25 services to earn a federal Tit. IV-E match for juvenile court 26 services administration may be used for the juvenile delinquent 27 graduated sanctions services. 28 10. Of the funds appropriated in this section, $1,658,000 is 29 transferred to the department of public health to be used for 30 the child protection center grant program for child protection 31 centers located in Iowa in accordance with section 135.118 . 32 The grant amounts under the program shall be equalized so that 33 each center receives a uniform base amount of $245,000, and so 34 that the remaining funds are awarded through a funding formula 35 -41- HF 2578.4575.S (1) 89 mb 41/ 91
based upon the volume of children served. To increase access 1 to child protection center services for children in rural 2 areas, the funding formula for the awarding of the remaining 3 funds shall provide for the awarding of an enhanced amount to 4 eligible grantees to develop and maintain satellite centers in 5 underserved regions of the state. 6 11. Of the funds appropriated in this section, $4,025,000 is 7 allocated for the preparation for adult living program pursuant 8 to section 234.46 . 9 12. Of the funds appropriated in this section, $227,000 10 shall be used for the public purpose of continuing a grant to a 11 nonprofit human services organization, providing services to 12 individuals and families in multiple locations in southwest 13 Iowa and Nebraska for support of a project providing immediate, 14 sensitive support and forensic interviews, medical exams, needs 15 assessments, and referrals for victims of child abuse and their 16 nonoffending family members. 17 13. Of the funds appropriated in this section, $300,000 18 is allocated for the foster care youth council approach of 19 providing a support network to children placed in foster care. 20 14. Of the funds appropriated in this section, $202,000 is 21 allocated for use pursuant to section 235A.1 for continuation 22 of the initiative to address child sexual abuse implemented 23 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 24 21 . 25 15. Of the funds appropriated in this section, $630,000 is 26 allocated for the community partnership for child protection 27 sites. 28 16. Of the funds appropriated in this section, $371,000 29 is allocated for the department’s minority youth and family 30 projects under the redesign of the child welfare system. 31 17. Of the funds appropriated in this section, $851,000 32 is allocated for funding of the community circle of care 33 collaboration for children and youth in northeast Iowa. 34 18. Of the funds appropriated in this section, at least 35 -42- HF 2578.4575.S (1) 89 mb 42/ 91
$147,000 shall be used for the continuation of the child 1 welfare provider training program. 2 19. Of the funds appropriated in this section, $211,000 3 shall be used for continuation of the central Iowa system of 4 care program grant for the purposes of funding community-based 5 services and other supports with a system of care approach for 6 children with serious emotional disturbance and their families 7 through a nonprofit provider that is located in a county 8 with a population of more than 450,000 according to the 2020 9 certified federal census, is licensed as a psychiatric medical 10 institution for children, and was a system of care grantee 11 prior to July 1, 2022. 12 20. Of the funds appropriated in this section, $235,000 13 shall be used for the public purpose of the continuation 14 and expansion of a system of care program grant implemented 15 in Cerro Gordo and Linn counties to utilize a comprehensive 16 and long-term approach for helping children and families by 17 addressing the key areas in a child’s life of childhood basic 18 needs, education and work, family, and community. 19 21. Of the funds appropriated in this section, $110,000 20 shall be used for the public purpose of funding community-based 21 services and other supports with a system of care approach 22 for children with a serious emotional disturbance and their 23 families through a nonprofit provider of child welfare services 24 that has been in existence for more than 115 years, is located 25 in a county with a population of more than 230,000 according to 26 the 2020 certified federal census, is licensed as a psychiatric 27 medical institution for children, and was a system of care 28 grantee prior to July 1, 2022. 29 22. If a separate funding source is identified that reduces 30 the need for state funds within an allocation under this 31 section, the allocated state funds may be redistributed to 32 other allocations under this section for the same fiscal year. 33 23. Of the funds appropriated in this section, a portion may 34 be used for family-centered services for purposes of complying 35 -43- HF 2578.4575.S (1) 89 mb 43/ 91
with the federal Family First Prevention Services Act of 2018, 1 Pub. L. No. 115-123, and successor legislation. 2 24. Of the funds appropriated in this section, $3,850,718 3 shall be used to support placements in qualified residential 4 treatment programs. 5 Sec. 20. ADOPTION SUBSIDY. 6 1. There is appropriated from the general fund of the 7 state to the department of human services for the fiscal year 8 beginning July 1, 2022, and ending June 30, 2023, the following 9 amount, or so much thereof as is necessary, to be used for the 10 purpose designated: 11 a. For adoption subsidy payments and related costs and for 12 other operations and services provided for under paragraph “b” 13 and paragraph “c”, subparagraph (2): 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,596,007 15 b. Of the funds appropriated in this section, up to 16 $11,000,000 may be transferred to the appropriation for 17 department-wide duties in this division of this Act to be used 18 for facility operations. 19 c. (1) Of the funds appropriated in this section remaining 20 after the transfer of funds under paragraph “b”, a sufficient 21 amount is allocated for adoption subsidy payments and related 22 costs. 23 (2) Any funds appropriated in this section remaining after 24 the allocation under subparagraph (1) are designated and 25 allocated as state savings resulting from implementation of 26 the federal Fostering Connections to Success and Increasing 27 Adoptions Act of 2008, Pub. L. No. 110-351, and successor 28 legislation, as determined in accordance with 42 U.S.C. 29 §673(a)(8), and shall be used for post-adoption services and 30 for other purposes allowed under these federal laws, Tit. IV-B 31 or Tit. IV-E of the federal Social Security Act. 32 (a) The department of human services may transfer funds 33 allocated in this subparagraph (2) to the appropriation for 34 child and family services in this division of this Act for the 35 -44- HF 2578.4575.S (1) 89 mb 44/ 91
purposes designated in this subparagraph (2). 1 (b) Notwithstanding section 8.33, moneys allocated 2 under this subparagraph (2) shall not revert to any fund but 3 shall remain available for the purposes designated in this 4 subparagraph (2) until expended. 5 2. The department may transfer funds appropriated in this 6 section remaining after the transfer of funds under subsection 7 1, paragraph “b”, to the appropriation made in this division 8 of this Act for general administration for costs paid from the 9 appropriation relating to adoption subsidy. 10 3. Federal funds received by the state during the 11 fiscal year beginning July 1, 2022, as the result of the 12 expenditure of state funds during a previous state fiscal 13 year for a service or activity funded under this section are 14 appropriated to the department to be used as additional funding 15 for the services and activities funded under this section. 16 Notwithstanding section 8.33 , moneys received in accordance 17 with this subsection that remain unencumbered or unobligated 18 at the close of the fiscal year shall not revert to any fund 19 but shall remain available for expenditure for the purposes 20 designated until the close of the succeeding fiscal year. 21 4. Notwithstanding section 8.33, moneys appropriated in 22 this section that remain unencumbered or unobligated at the 23 close of the fiscal year shall not revert but shall remain 24 available for the purposes designated until the close of the 25 succeeding fiscal year. 26 Sec. 21. JUVENILE DETENTION HOME FUND. Moneys deposited 27 in the juvenile detention home fund created in section 232.142 28 during the fiscal year beginning July 1, 2022, and ending June 29 30, 2023, are appropriated to the department of human services 30 for the fiscal year beginning July 1, 2022, and ending June 30, 31 2023, for distribution of an amount equal to a percentage of 32 the costs of the establishment, improvement, operation, and 33 maintenance of county or multicounty juvenile detention homes 34 in the fiscal year beginning July 1, 2021. Moneys appropriated 35 -45- HF 2578.4575.S (1) 89 mb 45/ 91
for distribution in accordance with this section shall be 1 allocated among eligible detention homes, prorated on the basis 2 of an eligible detention home’s proportion of the costs of all 3 eligible detention homes in the fiscal year beginning July 4 1, 2021. The percentage figure shall be determined by the 5 department based on the amount available for distribution for 6 the fund. Notwithstanding section 232.142, subsection 3 , the 7 financial aid payable by the state under that provision for the 8 fiscal year beginning July 1, 2022, shall be limited to the 9 amount appropriated for the purposes of this section. 10 Sec. 22. FAMILY SUPPORT SUBSIDY PROGRAM. 11 1. There is appropriated from the general fund of the 12 state to the department of human services for the fiscal year 13 beginning July 1, 2022, and ending June 30, 2023, the following 14 amount, or so much thereof as is necessary, to be used for the 15 purpose designated: 16 For the family support subsidy program subject to the 17 enrollment restrictions in section 225C.37, subsection 3 : 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 949,282 19 2. At least $931,536 of the moneys appropriated in this 20 section is transferred to the department of public health for 21 the family support center component of the comprehensive family 22 support program under chapter 225C, subchapter V . 23 3. If at any time during the fiscal year, the amount of 24 funding available for the family support subsidy program 25 is reduced from the amount initially used to establish the 26 figure for the number of family members for whom a subsidy 27 is to be provided at any one time during the fiscal year, 28 notwithstanding section 225C.38, subsection 2 , the department 29 shall revise the figure as necessary to conform to the amount 30 of funding available. 31 Sec. 23. CONNER DECREE. There is appropriated from the 32 general fund of the state to the department of human services 33 for the fiscal year beginning July 1, 2022, and ending June 30, 34 2023, the following amount, or so much thereof as is necessary, 35 -46- HF 2578.4575.S (1) 89 mb 46/ 91
to be used for the purpose designated: 1 For building community capacity through the coordination 2 and provision of training opportunities in accordance with the 3 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 4 Iowa, July 14, 1994): 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,632 6 Sec. 24. MENTAL HEALTH INSTITUTES. 7 1. There is appropriated from the general fund of the 8 state to the department of human services for the fiscal year 9 beginning July 1, 2022, and ending June 30, 2023, the following 10 amounts, or so much thereof as is necessary, to be used for the 11 purposes designated: 12 a. For operation of the state mental health institute at 13 Cherokee as required by chapters 218 and 226 for salaries, 14 support, maintenance, and miscellaneous purposes, and for not 15 more than the following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,613,624 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.00 18 b. For operation of the state mental health institute at 19 Independence as required by chapters 218 and 226 for salaries, 20 support, maintenance, and miscellaneous purposes, and for not 21 more than the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,688,928 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 208.00 24 2. a. Notwithstanding sections 218.78 and 249A.11 , any 25 revenue received from the state mental health institute at 26 Cherokee or the state mental health institute at Independence 27 pursuant to 42 C.F.R. §438.6(e) may be retained and expended 28 by the mental health institute. 29 b. Notwithstanding sections 218.78 and 249A.11, any 30 COVID-19 related funding received through federal funding 31 sources by the state mental health institute at Cherokee or the 32 state mental health institute at Independence may be retained 33 and expended by the mental health institute. 34 3. Notwithstanding any provision of law to the contrary, 35 -47- HF 2578.4575.S (1) 89 mb 47/ 91
a Medicaid member residing at the state mental health 1 institute at Cherokee or the state mental health institute 2 at Independence shall retain Medicaid eligibility during 3 the period of the Medicaid member’s stay for which federal 4 financial participation is available. 5 4. Notwithstanding section 8.33 , moneys appropriated in 6 this section that remain unencumbered or unobligated at the 7 close of the fiscal year shall not revert but shall remain 8 available for expenditure for the purposes designated until the 9 close of the succeeding fiscal year. 10 Sec. 25. STATE RESOURCE CENTERS. 11 1. There is appropriated from the general fund of the 12 state to the department of human services for the fiscal year 13 beginning July 1, 2022, and ending June 30, 2023, the following 14 amounts, or so much thereof as is necessary, to be used for the 15 purposes designated: 16 a. For the state resource center at Glenwood for salaries, 17 support, maintenance, and miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,288,739 19 b. For the state resource center at Woodward for salaries, 20 support, maintenance, and miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,409,294 22 2. The department may continue to bill for state resource 23 center services utilizing a scope of services approach used for 24 private providers of intermediate care facilities for persons 25 with an intellectual disability services, in a manner which 26 does not shift costs between the medical assistance program, 27 mental health and disability services regions, or other sources 28 of funding for the state resource centers. 29 3. The state resource centers may expand the time-limited 30 assessment and respite services during the fiscal year. 31 4. If the department’s administration and the department 32 of management concur with a finding by a state resource 33 center’s superintendent that projected revenues can reasonably 34 be expected to pay the salary and support costs for a new 35 -48- HF 2578.4575.S (1) 89 mb 48/ 91
employee position, or that such costs for adding a particular 1 number of new positions for the fiscal year would be less 2 than the overtime costs if new positions would not be added, 3 the superintendent may add the new position or positions. If 4 the vacant positions available to a resource center do not 5 include the position classification desired to be filled, the 6 state resource center’s superintendent may reclassify any 7 vacant position as necessary to fill the desired position. The 8 superintendents of the state resource centers may, by mutual 9 agreement, pool vacant positions and position classifications 10 during the course of the fiscal year in order to assist one 11 another in filling necessary positions. 12 5. If existing capacity limitations are reached in 13 operating units, a waiting list is in effect for a service or 14 a special need for which a payment source or other funding 15 is available for the service or to address the special need, 16 and facilities for the service or to address the special need 17 can be provided within the available payment source or other 18 funding, the superintendent of a state resource center may 19 authorize opening not more than two units or other facilities 20 and begin implementing the service or addressing the special 21 need during fiscal year 2022-2023. 22 6. Notwithstanding section 8.33 , and notwithstanding 23 the amount limitation specified in section 222.92 , moneys 24 appropriated in this section that remain unencumbered or 25 unobligated at the close of the fiscal year shall not revert 26 but shall remain available for expenditure for the purposes 27 designated until the close of the succeeding fiscal year. 28 Sec. 26. SEXUALLY VIOLENT PREDATORS. 29 1. There is appropriated from the general fund of the 30 state to the department of human services for the fiscal year 31 beginning July 1, 2022, and ending June 30, 2023, the following 32 amount, or so much thereof as is necessary, to be used for the 33 purpose designated: 34 For costs associated with the commitment and treatment of 35 -49- HF 2578.4575.S (1) 89 mb 49/ 91
sexually violent predators in the unit located at the state 1 mental health institute at Cherokee, including costs of legal 2 services and other associated costs, including salaries, 3 support, maintenance, and miscellaneous purposes, and for not 4 more than the following full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,891,276 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 140.00 7 2. Unless specifically prohibited by law, if the amount 8 charged provides for recoupment of at least the entire amount 9 of direct and indirect costs, the department of human services 10 may contract with other states to provide care and treatment 11 of persons placed by the other states at the unit for sexually 12 violent predators at Cherokee. The moneys received under 13 such a contract shall be considered to be repayment receipts 14 and used for the purposes of the appropriation made in this 15 section. 16 3. Notwithstanding section 8.33 , moneys appropriated in 17 this section that remain unencumbered or unobligated at the 18 close of the fiscal year shall not revert but shall remain 19 available for expenditure for the purposes designated until the 20 close of the succeeding fiscal year. 21 Sec. 27. FIELD OPERATIONS. 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, 2022, and ending June 30, 2023, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purposes designated: 27 For field operations, including salaries, support, 28 maintenance, and miscellaneous purposes, and for not more than 29 the following full-time equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,894,438 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,589.00 32 2. Priority in filling full-time equivalent positions 33 shall be given to those positions related to child protection 34 services and eligibility determination for low-income families. 35 -50- HF 2578.4575.S (1) 89 mb 50/ 91
Sec. 28. GENERAL ADMINISTRATION. There is appropriated 1 from the general fund of the state to the department of human 2 services for the fiscal year beginning July 1, 2022, and ending 3 June 30, 2023, the following amount, or so much thereof as is 4 necessary, to be used for the purpose designated: 5 For general administration, including salaries, support, 6 maintenance, and miscellaneous purposes, and for not more than 7 the following full-time equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,842,189 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 296.00 10 1. The department shall report at least monthly to the 11 general assembly concerning the department’s operational and 12 program expenditures. 13 2. Of the funds appropriated in this section, $150,000 shall 14 be used for the provision of a program to provide technical 15 assistance, support, and consultation to providers of home and 16 community-based services under the medical assistance program. 17 3. Of the funds appropriated in this section, $50,000 18 is transferred to the Iowa finance authority to be used 19 for administrative support of the council on homelessness 20 established in section 16.2D and for the council to fulfill its 21 duties in addressing and reducing homelessness in the state. 22 4. Of the funds appropriated in this section, $200,000 shall 23 be transferred to and deposited in the administrative fund of 24 the Iowa ABLE savings plan trust created in section 12I.4 , to 25 be used for implementation and administration activities of the 26 Iowa ABLE savings plan trust. 27 5. Of the funds appropriated in this section, $200,000 is 28 transferred to the economic development authority for the Iowa 29 commission on volunteer services to continue to be used for the 30 RefugeeRISE AmeriCorps program established under section 15H.8 31 for member recruitment and training to improve the economic 32 well-being and health of economically disadvantaged refugees in 33 local communities across Iowa. Funds transferred may be used 34 to supplement federal funds under federal regulations. 35 -51- HF 2578.4575.S (1) 89 mb 51/ 91
6. Of the funds appropriated in this section, up to $300,000 1 shall be used as follows: 2 a. To fund not more than 1.00 full-time equivalent position 3 to address the department’s responsibility to support the work 4 of the children’s behavioral health system state board and 5 implementation of the services required pursuant to section 6 331.397. 7 b. To support the cost of establishing and implementing new 8 or additional services required pursuant to sections 331.397 9 and 331.397A. 10 c. Of the amount allocated, $32,000 shall be transferred 11 to the department of public health to support the costs of 12 establishing and implementing new or additional services 13 required pursuant to sections 331.397 and 331.397A. 14 7. Of the funds appropriated in this section, $800,000 shall 15 be used for the renovation and construction of certain nursing 16 facilities, consistent with the provisions of chapter 249K. 17 8. Of the funds appropriated under this section, $500,000 18 shall be used for the purposes of program administration and 19 provision of pregnancy support services through the more 20 options for maternal support program created in this Act. 21 Sec. 29. DEPARTMENT-WIDE DUTIES. There is appropriated 22 from the general fund of the state to the department of human 23 services for the fiscal year beginning July 1, 2022, and ending 24 June 30, 2023, the following amount, or so much thereof as is 25 necessary, to be used for the purposes designated: 26 For salaries, support, maintenance, and miscellaneous 27 purposes at facilities under the purview of the department of 28 human services: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,172,123 30 Sec. 30. VOLUNTEERS. There is appropriated from the general 31 fund of the state to the department of human services for the 32 fiscal year beginning July 1, 2022, and ending June 30, 2023, 33 the following amount, or so much thereof as is necessary, to be 34 used for the purpose designated: 35 -52- HF 2578.4575.S (1) 89 mb 52/ 91
For development and coordination of volunteer services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,686 2 Sec. 31. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 3 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 4 DEPARTMENT OF HUMAN SERVICES. 5 1. a. (1) (a) Notwithstanding any provision of law to the 6 contrary, for the fiscal year beginning July 1, 2022, case-mix 7 nursing facilities shall be reimbursed in accordance with the 8 methodology in effect on June 30, 2022. 9 (b) For the fiscal year beginning July 1, 2022, non-case-mix 10 and special population nursing facilities shall be reimbursed 11 in accordance with the methodology in effect on June 30, 2022. 12 (c) For managed care claims, the department of human 13 services shall adjust the payment rate floor for nursing 14 facilities, annually, to maintain a rate floor that is no 15 lower than the Medicaid fee-for-service case-mix adjusted rate 16 calculated in accordance with subparagraph division (a) and 17 441 IAC 81.6. The department shall then calculate adjusted 18 reimbursement rates, including but not limited to add-on 19 payments, annually, and shall notify Medicaid managed care 20 organizations of the adjusted reimbursement rates within 30 21 days of determining the adjusted reimbursement rates. Any 22 adjustment of reimbursement rates under this subparagraph 23 division shall be budget neutral to the state budget. 24 (d) For the fiscal year beginning July 1, 2022, Medicaid 25 managed care long-term services and supports capitation rates 26 shall be adjusted to reflect the case-mix adjusted rates 27 specified pursuant to subparagraph division (a) for the patient 28 populations residing in Medicaid-certified nursing facilities. 29 (2) Medicaid managed care organizations shall adjust 30 facility-specific rates based upon payment rate listings issued 31 by the department. The rate adjustments shall be applied 32 prospectively from the effective date of the rate letter issued 33 by the department. 34 b. (1) For the fiscal year beginning July 1, 2022, the 35 -53- HF 2578.4575.S (1) 89 mb 53/ 91
department shall establish the fee-for-service pharmacy 1 dispensing fee reimbursement at $10.38 per prescription, 2 until a cost of dispensing survey is completed. The actual 3 dispensing fee shall be determined by a cost of dispensing 4 survey performed by the department and required to be completed 5 by all medical assistance program participating pharmacies 6 every two years, adjusted as necessary to maintain expenditures 7 within the amount appropriated to the department for this 8 purpose for the fiscal year. A change in the dispensing 9 fee shall become effective following federal approval of the 10 Medicaid state plan. 11 (2) The department shall utilize an average acquisition 12 cost reimbursement methodology for all drugs covered under the 13 medical assistance program in accordance with 2012 Iowa Acts, 14 chapter 1133, section 33. 15 c. (1) For the fiscal year beginning July 1, 2022, 16 reimbursement rates for outpatient hospital services shall 17 remain at the rates in effect on June 30, 2022, subject to 18 Medicaid program upper payment limit rules, and adjusted 19 as necessary to maintain expenditures within the amount 20 appropriated to the department for this purpose for the fiscal 21 year. 22 (2) For the fiscal year beginning July 1, 2022, 23 reimbursement rates for inpatient hospital services shall 24 remain at the rates in effect on June 30, 2022, subject to 25 Medicaid program upper payment limit rules, and adjusted 26 as necessary to maintain expenditures within the amount 27 appropriated to the department for this purpose for the fiscal 28 year. 29 (3) For the fiscal year beginning July 1, 2022, under 30 both fee-for-service and managed care administration of 31 the Medicaid program, critical access hospitals shall be 32 reimbursed for inpatient and outpatient services based on the 33 hospital-specific critical access hospital cost adjustment 34 factor methodology utilizing the most recent and complete cost 35 -54- HF 2578.4575.S (1) 89 mb 54/ 91
reporting period as applied prospectively within the funds 1 appropriated for such purpose for the fiscal year. 2 (4) For the fiscal year beginning July 1, 2022, the graduate 3 medical education and disproportionate share hospital fund 4 shall remain at the amount in effect on June 30, 2022, except 5 that the portion of the fund attributable to graduate medical 6 education shall be reduced in an amount that reflects the 7 elimination of graduate medical education payments made to 8 out-of-state hospitals. 9 (5) In order to ensure the efficient use of limited state 10 funds in procuring health care services for low-income Iowans, 11 funds appropriated in this Act for hospital services shall 12 not be used for activities which would be excluded from a 13 determination of reasonable costs under the federal Medicare 14 program pursuant to 42 U.S.C. §1395x(v)(1)(N). 15 d. For the fiscal year beginning July 1, 2022, reimbursement 16 rates for hospices and acute psychiatric hospitals shall be 17 increased in accordance with increases under the federal 18 Medicare program or as supported by their Medicare audited 19 costs. 20 e. For the fiscal year beginning July 1, 2022, independent 21 laboratories and rehabilitation agencies shall be reimbursed 22 using the same methodology in effect on June 30, 2022. 23 f. (1) For the fiscal year beginning July 1, 2022, 24 reimbursement rates for home health agencies shall continue to 25 be based on the Medicare low utilization payment adjustment 26 (LUPA) methodology with state geographic wage adjustments. The 27 department shall continue to update the rates every two years 28 to reflect the most recent Medicare LUPA rates. 29 (2) For the fiscal year beginning July 1, 2022, the 30 department shall create a reimbursement rate structure that 31 provides incentives to home health care providers located in 32 rural areas and providing home health care to Medicaid members, 33 within the $1,777,082 appropriated for this purpose. The rate 34 structure shall include a telehealth component to incentivize 35 -55- HF 2578.4575.S (1) 89 mb 55/ 91
the provision of necessary supervision for skilled care without 1 requiring travel time. For the purposes of this subparagraph 2 (2), “rural area” means an area that is not an Iowa core based 3 statistical area as defined by the federal office of management 4 and budget. 5 (3) For the fiscal year beginning July 1, 2022, rates for 6 private duty nursing and personal care services under the early 7 and periodic screening, diagnostic, and treatment program 8 benefit shall be calculated based on the methodology in effect 9 on June 30, 2022. 10 g. For the fiscal year beginning July 1, 2022, federally 11 qualified health centers and rural health clinics shall receive 12 cost-based reimbursement for 100 percent of the reasonable 13 costs for the provision of services to recipients of medical 14 assistance. 15 h. For the fiscal year beginning July 1, 2022, the 16 reimbursement rates for dental services shall remain at the 17 rates in effect on June 30, 2022. 18 i. (1) For the fiscal year beginning July 1, 2022, 19 reimbursement rates for non-state-owned psychiatric medical 20 institutions for children shall be based on the reimbursement 21 methodology in effect on June 30, 2022. 22 (2) As a condition of participation in the medical 23 assistance program, enrolled providers shall accept the medical 24 assistance reimbursement rate for any covered goods or services 25 provided to recipients of medical assistance who are children 26 under the custody of a psychiatric medical institution for 27 children. 28 j. For the fiscal year beginning July 1, 2022, unless 29 otherwise specified in this Act, all noninstitutional medical 30 assistance provider reimbursement rates shall remain at the 31 rates in effect on June 30, 2022, except for area education 32 agencies, local education agencies, infant and toddler 33 services providers, home and community-based services providers 34 including consumer-directed attendant care providers under a 35 -56- HF 2578.4575.S (1) 89 mb 56/ 91
section 1915(c) or 1915(i) waiver, targeted case management 1 providers, and those providers whose rates are required to be 2 determined pursuant to section 249A.20 , or to meet federal 3 mental health parity requirements. 4 k. Notwithstanding any provision to the contrary, for the 5 fiscal year beginning July 1, 2022, the reimbursement rate for 6 anesthesiologists shall remain at the rates in effect on June 7 30, 2022, and updated on January 1, 2023, to align with the 8 most current Iowa Medicare anesthesia rate. 9 l. Notwithstanding section 249A.20 , for the fiscal year 10 beginning July 1, 2022, the average reimbursement rate for 11 health care providers eligible for use of the federal Medicare 12 resource-based relative value scale reimbursement methodology 13 under section 249A.20 shall remain at the rate in effect on 14 June 30, 2022; however, this rate shall not exceed the maximum 15 level authorized by the federal government. 16 m. For the fiscal year beginning July 1, 2022, the 17 reimbursement rate for residential care facilities shall not 18 be less than the minimum payment level as established by the 19 federal government to meet the federally mandated maintenance 20 of effort requirement. The flat reimbursement rate for 21 facilities electing not to file annual cost reports shall not 22 be less than the minimum payment level as established by the 23 federal government to meet the federally mandated maintenance 24 of effort requirement. 25 n. (1) For the fiscal year beginning July 1, 2022, the 26 reimbursement rates for inpatient mental health services 27 provided at hospitals shall remain at the rates in effect on 28 June 30, 2022, subject to Medicaid program upper payment limit 29 rules and adjusted as necessary to maintain expenditures within 30 the amount appropriated to the department for this purpose for 31 the fiscal year; and psychiatrists shall be reimbursed at the 32 medical assistance program fee-for-service rate in effect on 33 June 30, 2022. 34 (2) Notwithstanding any conflicting application of 35 -57- HF 2578.4575.S (1) 89 mb 57/ 91
subparagraph (1), if 2022 Iowa Acts, House File 2546, is 1 enacted, by January 1, 2023, the department of human services 2 shall implement a tiered rate reimbursement methodology for 3 psychiatric intensive inpatient care utilizing the tiered rate 4 reimbursement methodology developed in accordance with that 5 Act, subject to the limitations of the appropriation made for 6 this purpose. 7 o. For the fiscal year beginning July 1, 2022, community 8 mental health centers may choose to be reimbursed for the 9 services provided to recipients of medical assistance through 10 either of the following options: 11 (1) For 100 percent of the reasonable costs of the services. 12 (2) In accordance with the alternative reimbursement rate 13 methodology approved by the department of human services in 14 effect on June 30, 2022. 15 p. For the fiscal year beginning July 1, 2022, the 16 reimbursement rate for providers of family planning services 17 that are eligible to receive a 90 percent federal match shall 18 remain at the rates in effect on June 30, 2022. 19 q. For the fiscal year beginning July 1, 2022, reimbursement 20 rates for intermediate care facility for persons with an 21 intellectual disability providers shall be increased over 22 the rates in effect on June 30, 2022, within the $1,339,971 23 appropriated for this purpose. The entire rate increase 24 shall be used for wages and associated costs specific to 25 wages, benefits, and required withholding of direct support 26 professionals and frontline management. 27 r. For the fiscal year beginning July 1, 2022, the 28 reimbursement rates for emergency medical service providers 29 shall remain at the rates in effect on June 30, 2022, or as 30 approved by the centers for Medicare and Medicaid services of 31 the United States department of health and human services. 32 s. For the fiscal year beginning July 1, 2022, reimbursement 33 rates for substance-related disorder treatment programs 34 licensed under section 125.13 shall remain at the rates in 35 -58- HF 2578.4575.S (1) 89 mb 58/ 91
effect on June 30, 2022. 1 t. For the fiscal year beginning July 1, 2022, assertive 2 community treatment per diem rates shall remain at the rates in 3 effect on June 30, 2022. 4 u. For the fiscal year beginning July 1, 2022, the 5 reimbursement rate for family-centered services providers shall 6 be established by contract. 7 v. For the fiscal year beginning July 1, 2022, the 8 reimbursement rate for air ambulance services shall remain at 9 the rate in effect on June 30, 2022. 10 w. For the fiscal year beginning July 1, 2022, all applied 11 behavioral analysis services reimbursement rates shall be 12 increased over the rates in effect on June 30, 2022, within the 13 $385,000 appropriated for this purpose. 14 x. For the fiscal year beginning July 1, 2022, all 15 behavioral health intervention services reimbursement rates 16 shall be increased over the rates in effect on June 30, 2022, 17 within the $1,277,082 appropriated for this purpose. The 18 entire rate increase shall be used for wages and associated 19 costs specific to wages, benefits, and required withholding of 20 direct support professionals and frontline management. 21 2. For the fiscal year beginning July 1, 2022, the 22 reimbursement rate for providers reimbursed under the 23 in-home-related care program shall not be less than the minimum 24 payment level as established by the federal government to meet 25 the federally mandated maintenance of effort requirement. 26 3. Unless otherwise directed in this section, when the 27 department’s reimbursement methodology for any provider 28 reimbursed in accordance with this section includes an 29 inflation factor, this factor shall not exceed the amount 30 by which the consumer price index for all urban consumers 31 increased during the most recently ended calendar year. 32 4. Notwithstanding section 234.38 , for the fiscal 33 year beginning July 1, 2022, the foster family basic daily 34 maintenance rate and the maximum adoption subsidy rate for 35 -59- HF 2578.4575.S (1) 89 mb 59/ 91
children ages 0 through 5 years shall be $16.78, the rate for 1 children ages 6 through 11 years shall be $17.45, the rate for 2 children ages 12 through 15 years shall be $19.10, and the 3 rate for children and young adults ages 16 and older shall 4 be $19.35. For youth ages 18 to 23 who have exited foster 5 care, the preparation for adult living program maintenance 6 rate shall be up to $602.70 per month as calculated based on 7 the age of the participant. The maximum payment for adoption 8 subsidy nonrecurring expenses shall be limited to $500 and the 9 disallowance of additional amounts for court costs and other 10 related legal expenses implemented pursuant to 2010 Iowa Acts, 11 chapter 1031, section 408 , shall be continued. 12 5. For the fiscal year beginning July 1, 2022, the maximum 13 reimbursement rates for social services providers under 14 contract shall remain at the rates in effect on June 30, 2022, 15 or the provider’s actual and allowable cost plus inflation for 16 each service, whichever is less. However, if a new service 17 or service provider is added after June 30, 2022, the initial 18 reimbursement rate for the service or provider shall be based 19 upon a weighted average of provider rates for similar services. 20 6. a. For the fiscal year beginning July 1, 2022, the 21 reimbursement rates for resource family recruitment and 22 retention contractors shall be established by contract. 23 b. For the fiscal year beginning July 1, 2022, the 24 reimbursement rates for supervised apartment living foster care 25 providers shall be established by contract. 26 7. For the fiscal year beginning July 1, 2022, the 27 reimbursement rate for group foster care providers shall be the 28 combined service and maintenance reimbursement rate established 29 by contract. 30 8. The group foster care reimbursement rates paid for 31 placement of children out of state shall be calculated 32 according to the same rate-setting principles as those used for 33 in-state providers, unless the director of human services or 34 the director’s designee determines that appropriate care cannot 35 -60- HF 2578.4575.S (1) 89 mb 60/ 91
be provided within the state. The payment of the daily rate 1 shall be based on the number of days in the calendar month in 2 which service is provided. 3 9. a. For the fiscal year beginning July 1, 2022, the 4 reimbursement rate paid for shelter care and the child welfare 5 emergency services implemented to provide or prevent the need 6 for shelter care shall be established by contract. 7 b. For the fiscal year beginning July 1, 2022, the combined 8 service and maintenance components of the per day reimbursement 9 rate paid for shelter care services shall be based on the 10 financial and statistical report submitted to the department. 11 The maximum per day reimbursement rate shall be the maximum 12 per day reimbursement rate in effect on June 30, 2022, as 13 increased within the $649,029 appropriated for this purpose. 14 The department shall reimburse a shelter care provider at the 15 provider’s actual and allowable unit cost, plus inflation, not 16 to exceed the maximum reimbursement rate. 17 10. For the fiscal year beginning July 1, 2022, the 18 department shall calculate reimbursement rates for intermediate 19 care facilities for persons with an intellectual disability 20 at the 80th percentile. Beginning July 1, 2022, the rate 21 calculation methodology shall utilize the consumer price index 22 inflation factor applicable to the fiscal year beginning July 23 1, 2022. 24 11. Effective July 1, 2022, child care provider 25 reimbursement rates shall remain at the rates in effect on June 26 30, 2022. The department shall set rates in a manner so as 27 to provide incentives for a nonregistered provider to become 28 registered by applying any increase only to registered and 29 licensed providers. 30 12. The department may adopt emergency rules to implement 31 this section. 32 Sec. 32. EMERGENCY RULES. 33 1. If necessary to comply with federal requirements 34 including time frames, or if specifically authorized by a 35 -61- HF 2578.4575.S (1) 89 mb 61/ 91
provision of this division of this Act, the department of 1 human services or the mental health and disability services 2 commission may adopt administrative rules under section 17A.4, 3 subsection 3, and section 17A.5, subsection 2, paragraph “b”, 4 to implement the provisions of this division of this Act and 5 the rules shall become effective immediately upon filing or 6 on a later effective date specified in the rules, unless the 7 effective date of the rules is delayed or the applicability 8 of the rules is suspended by the administrative rules review 9 committee. Any rules adopted in accordance with this section 10 shall not take effect before the rules are reviewed by the 11 administrative rules review committee. The delay authority 12 provided to the administrative rules review committee under 13 section 17A.8, subsections 9 and 10, shall be applicable to a 14 delay imposed under this section, notwithstanding a provision 15 in those subsections making them inapplicable to section 17A.5, 16 subsection 2, paragraph “b”. Any rules adopted in accordance 17 with the provisions of this section shall also be published as 18 a notice of intended action as provided in section 17A.4. 19 2. If during a fiscal year, the department of human 20 services is adopting rules in accordance with this section 21 or as otherwise directed or authorized by state law, and 22 the rules will result in an expenditure increase beyond the 23 amount anticipated in the budget process or if the expenditure 24 was not addressed in the budget process for the fiscal 25 year, the department shall notify the general assembly and 26 the department of management concerning the rules and the 27 expenditure increase. The notification shall be provided at 28 least 30 calendar days prior to the date notice of the rules 29 is submitted to the administrative rules coordinator and the 30 administrative code editor. 31 Sec. 33. REPORTS. Unless otherwise provided, any reports or 32 other information required to be compiled and submitted under 33 this Act during the fiscal year beginning July 1, 2022, shall 34 be submitted on or before the dates specified for submission 35 -62- HF 2578.4575.S (1) 89 mb 62/ 91
of the reports or information. 1 Sec. 34. EFFECTIVE UPON ENACTMENT. The following provision 2 of this division of this Act, being deemed of immediate 3 importance, takes effect upon enactment: 4 The provision relating to section 232.141 and directing the 5 state court administrator and the division administrator of 6 the department of human services division of child and family 7 services to make the determination, by June 15, 2022, of the 8 distribution of funds allocated for the payment of the expenses 9 of court-ordered services provided to juveniles which are a 10 charge upon the state. 11 DIVISION VI 12 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2022-2023 13 Sec. 35. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 14 appropriated from the pharmaceutical settlement account created 15 in section 249A.33 to the department of human services for the 16 fiscal year beginning July 1, 2022, and ending June 30, 2023, 17 the following amount, or so much thereof as is necessary, to be 18 used for the purpose designated: 19 Notwithstanding any provision of law to the contrary, to 20 supplement the appropriations made in this Act for health 21 program operations under the medical assistance program for the 22 fiscal year beginning July 1, 2022, and ending June 30, 2023: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,193 24 Sec. 36. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 25 SERVICES. Notwithstanding any provision to the contrary and 26 subject to the availability of funds, there is appropriated 27 from the quality assurance trust fund created in section 28 249L.4 to the department of human services for the fiscal year 29 beginning July 1, 2022, and ending June 30, 2023, the following 30 amounts, or so much thereof as is necessary, for the purposes 31 designated: 32 To supplement the appropriation made in this Act from the 33 general fund of the state to the department of human services 34 for medical assistance for the same fiscal year: 35 -63- HF 2578.4575.S (1) 89 mb 63/ 91
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56,305,139 1 Sec. 37. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 2 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 3 the contrary and subject to the availability of funds, there is 4 appropriated from the hospital health care access trust fund 5 created in section 249M.4 to the department of human services 6 for the fiscal year beginning July 1, 2022, and ending June 7 30, 2023, the following amounts, or so much thereof as is 8 necessary, for the purposes designated: 9 To supplement the appropriation made in this Act from the 10 general fund of the state to the department of human services 11 for medical assistance for the same fiscal year: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,920,554 13 Sec. 38. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 14 FOR FY 2022-2023. Notwithstanding section 8.33 , if moneys 15 appropriated for purposes of the medical assistance program for 16 the fiscal year beginning July 1, 2022, and ending June 30, 17 2023, from the general fund of the state, the quality assurance 18 trust fund, and the hospital health care access trust fund, are 19 in excess of actual expenditures for the medical assistance 20 program and remain unencumbered or unobligated at the close 21 of the fiscal year, the excess moneys shall not revert but 22 shall remain available for expenditure for the purposes of the 23 medical assistance program until the close of the succeeding 24 fiscal year. 25 DIVISION VII 26 DECATEGORIZATION CARRYOVER FUNDING 27 Sec. 39. DECATEGORIZATION CARRYOVER FUNDING FY 2020 —— 28 TRANSFER TO MEDICAID PROGRAM. Notwithstanding section 232.188, 29 subsection 5, paragraph “b”, any state-appropriated moneys in 30 the funding pool that remained unencumbered or unobligated 31 at the close of the fiscal year beginning July 1, 2019, and 32 were deemed carryover funding to remain available for the two 33 succeeding fiscal years that still remain unencumbered or 34 unobligated at the close of the fiscal year beginning July 1, 35 -64- HF 2578.4575.S (1) 89 mb 64/ 91
2021, shall not revert but shall be transferred to the medical 1 assistance program for the fiscal year beginning July 1, 2022. 2 Sec. 40. EFFECTIVE DATE. This division of this Act, being 3 deemed of immediate importance, takes effect upon enactment. 4 Sec. 41. RETROACTIVE APPLICABILITY. This division of this 5 Act applies retroactively to July 1, 2021. 6 DIVISION VIII 7 TRANSFER OF PROPERTY TAX RELIEF FUND BALANCE 8 Sec. 42. TRANSFER OF PROPERTY TAX RELIEF FUND BALANCE —— 9 FY 2021-2022. Notwithstanding any provision to the contrary, 10 any funds remaining in the property tax relief fund created 11 in section 426B.1 at the close of the fiscal year beginning 12 July 1, 2021, shall be transferred to the region incentive fund 13 created in the mental health and disability services regional 14 service fund pursuant to section 225C.7A. 15 Sec. 43. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. 17 DIVISION IX 18 PRIOR APPROPRIATIONS AND OTHER PROVISIONS 19 FAMILY INVESTMENT PROGRAM GENERAL FUND 20 Sec. 44. 2021 Iowa Acts, chapter 182, section 9, is amended 21 by adding the following new subsection: 22 NEW SUBSECTION . 7. Notwithstanding section 8.33, moneys 23 appropriated in this section that remain unencumbered or 24 unobligated at the close of the fiscal year shall not revert 25 but shall remain available for one-time purposes, and may be 26 transferred to the appropriation in this division of this Act 27 for general administration for technology purposes, until the 28 close of the succeeding fiscal year. 29 CHILD AND FAMILY SERVICES 30 Sec. 45. 2021 Iowa Acts, chapter 182, section 19, is amended 31 by adding the following new subsection: 32 NEW SUBSECTION . 24. Notwithstanding section 8.33, moneys 33 appropriated in this section that remain unencumbered or 34 unobligated at the close of the fiscal year shall not revert 35 -65- HF 2578.4575.S (1) 89 mb 65/ 91
but shall remain available for the purposes designated until 1 the close of the succeeding fiscal year. 2 ADOPTION SUBSIDY 3 Sec. 46. 2021 Iowa Acts, chapter 182, section 20, is amended 4 by adding the following new subsection: 5 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 6 appropriated in this section that remain unencumbered or 7 unobligated at the close of the fiscal year shall not revert 8 but shall remain available for the purposes designated until 9 the close of the succeeding fiscal year. 10 FIELD OPERATIONS 11 Sec. 47. 2021 Iowa Acts, chapter 182, section 27, is amended 12 by adding the following new subsection: 13 NEW SUBSECTION . 3. Notwithstanding section 8.33, moneys 14 appropriated in this section that remain unencumbered or 15 unobligated at the close of the fiscal year shall not revert 16 but shall remain available for one-time expenditure purposes 17 until the close of the succeeding fiscal year. 18 GENERAL ADMINISTRATION 19 Sec. 48. 2021 Iowa Acts, chapter 182, section 28, is amended 20 by adding the following new subsection: 21 NEW SUBSECTION . 8. Notwithstanding section 8.33, moneys 22 appropriated in this section that remain unencumbered or 23 unobligated at the close of the fiscal year shall not revert 24 but shall remain available for one-time expenditure purposes 25 until the close of the succeeding fiscal year. 26 Sec. 49. EFFECTIVE DATE. This division of this Act, being 27 deemed of immediate importance, takes effect upon enactment. 28 DIVISION X 29 PUBLIC HEALTH EMERGENCY PROVISIONS COVID-19 REGULATIONS 30 Sec. 50. COVID-19 FEDERAL REGULATIONS. For the time 31 period beginning on the effective date of this division of 32 this Act, and ending June 30, 2023, notwithstanding state 33 administrative rules to the contrary, to the extent federal 34 regulations relating to the COVID-19 pandemic differ from state 35 -66- HF 2578.4575.S (1) 89 mb 66/ 91
administrative rules, including applicable federal waivers, 1 the federal regulations are controlling during the pendency of 2 the federally declared state of emergency and for such period 3 of time following the end of the federally declared state of 4 emergency applicable to the respective federal regulations. 5 DIVISION XI 6 HEALTH AND HUMAN SERVICES REALIGNMENT 7 Sec. 51. TRANSITION OF DEPARTMENT OF HUMAN SERVICES AND 8 DEPARTMENT OF PUBLIC HEALTH INTO DEPARTMENT OF HEALTH AND HUMAN 9 SERVICES. 10 1. Definitions. For the purposes of this section: 11 a. “Department of health and human services” or 12 “department” means the department of health and human services 13 created under this section. 14 b. “Transition department” means the department of human 15 services or the department of public health. 16 c. “Transition departments” means the department of human 17 services and the department of public health. 18 d. “Transition period” means the period beginning July 1, 19 2022, and ending June 30, 2023. 20 2. Creation of department of health and human services 21 —— transition period —— powers and duties. Notwithstanding 22 any conflicting provision of law to the contrary, there is 23 created a department of health and human services. During 24 the transition period, the department of health and human 25 services shall have and may exercise all of the policymaking 26 functions, regulatory and enforcement powers, rights, duties, 27 and responsibilities of the department of human services and 28 the department of public health as prescribed by law or rule 29 in effect on July 1, 2022, including but not limited to those 30 relating to: 31 a. All obligations and contracts of a transition 32 department, including obligations and contracts related to a 33 grant program. 34 b. All property and records in the custody of a transition 35 -67- HF 2578.4575.S (1) 89 mb 67/ 91
department. 1 c. All funds appropriated to a transition department by the 2 general assembly and all state, federal, and other funds for 3 which expenditure by a transition department is authorized. 4 d. Complaints, investigations, contested cases, causes of 5 action, and statutes of limitations involving a transition 6 department. 7 (1) All complaints, investigations, contested cases, or 8 a remand of an action by a reviewing court pending before a 9 transition department or an authorized person of a transition 10 department shall continue without change in status before 11 the department and shall be governed by the laws and rules 12 applicable to the complaint, investigation, contested case, or 13 remand action or proceeding in effect on July 1, 2022. 14 (2) Any cause of action or statute of limitation relating 15 to a transition department shall not be affected as a result 16 of the transition and such cause of action or statute of 17 limitation shall apply to the department. 18 e. Rules, policies, and forms. All rules, policies, and 19 forms adopted by or on behalf of a transition department shall 20 become rules, policies, and forms of the department and shall 21 remain in effect unless altered by the department. 22 f. Licenses, permits, and certifications. All licenses, 23 permits, and certifications issued by a transition department 24 shall continue in effect as a license, permit, or certification 25 of the department in accordance with the law or rule governing 26 the license, permit, or certification in effect on July 1, 27 2022, until the license, permit, or certification expires, is 28 suspended or revoked, or otherwise becomes invalid by the terms 29 of such law or rule. 30 g. References to a department or director. All references 31 to the department of public health or the department of human 32 services in law or in rule shall be interpreted to mean the 33 department of health and human services, and all references to 34 the director of public health or the director of human services 35 -68- HF 2578.4575.S (1) 89 mb 68/ 91
shall be interpreted to mean the director of the department of 1 health and human services. 2 h. Departmental structure. 3 (1) Any transition department, transition department 4 subunit, or transition department body created or established 5 by law and in existence on July 1, 2022, shall continue in 6 full force and effect and shall not be permanently abolished, 7 merged, or otherwise altered until amended, repealed, or 8 supplemented by action of the general assembly. 9 (2) This paragraph shall not prohibit a transition 10 department, transition department subunit, or transition 11 department body created or established by law in existence on 12 July 1, 2022, from sharing or coordinating responsibilities 13 or functions under their respective purviews nor prohibit 14 the director from temporarily integrating such departments, 15 subunits, or bodies or the responsibilities or functions under 16 their respective purviews in furtherance of the transition plan 17 during the transition period. 18 3. Transition period leadership. During the transition 19 period, the director of human services shall continue to act 20 as the director of human services, shall assume the duties 21 of the director of public health, shall act as the director 22 of the department of health and human services, and may 23 thereby exercise any policymaking functions, regulatory and 24 enforcement powers, rights, duties, and responsibilities of the 25 director of human services and the director of public health 26 including those duties prescribed by law for the department 27 of human services or the department of public health in 28 effect on July 1, 2022. Nothwithstanding any provision to the 29 contrary, the director of the department of health and human 30 services shall also be vested with administrative authority 31 to direct transition department employees with regard to the 32 implementation of statutory directives for the transition 33 departments or the boards, commissions, or other bodies 34 administratively supported by the transition departments, 35 -69- HF 2578.4575.S (1) 89 mb 69/ 91
including boards administering the requirements of chapter 1 272C. 2 4. Federal authorization and effective date of 3 authorizations. If a transition department or the department 4 determines that a waiver or authorization from the federal 5 government is necessary to administer any provision of 6 this section, the department shall request the waiver or 7 authorization, and notwithstanding any other effective date to 8 the contrary, the provision shall take effect only upon receipt 9 of federal approval. 10 5. Initial written transition plan. 11 a. On or before September 30, 2022, the transition 12 departments or department shall publish on their respective 13 internet sites an initial written transition plan for merging 14 the functions of the transition departments into the department 15 of health and human services effective July 1, 2023, in order 16 to do all of the following: 17 (1) More efficiently and effectively manage health and 18 human services programs that are the responsibility of the 19 state. 20 (2) Establish a health and human services policy for the 21 state. 22 (3) Promote health and the quality of life in the health and 23 human services field. 24 b. The transition plan shall describe, at a minimum, all of 25 the following: 26 (1) The tasks that require completion before July 1, 2023, 27 including a description of how the transition departments shall 28 solicit comment from stakeholders, including employees of the 29 transition departments, clients and partners of the transition 30 departments, members of the public, and members of the general 31 assembly. 32 (2) The proposed organizational structure of the 33 department, at a minimum, including the division level of 34 the table of organization. Any personnel in the state merit 35 -70- HF 2578.4575.S (1) 89 mb 70/ 91
system of employment who are mandatorily transferred due to the 1 transition shall be so transferred without any loss in salary, 2 benefits, or accrued years of service. 3 (3) Proposed changes to any transition department boards, 4 commissions, committees, councils, or other bodies and their 5 functions. 6 (4) Office space and infrastructure requirements related 7 to the transition. 8 (5) Any work site location changes for transitioning 9 employees. 10 (6) The transition of service delivery sites. 11 (7) Procedures for the transfer and reconciliation of 12 budgeting and funding between the transition departments and 13 the department. 14 (8) The transition of technology services of the transition 15 departments to the department. 16 (9) Any additional known tasks that may require completion 17 after the transition on July 1, 2023. 18 c. The written transition plan published under paragraph 19 “b” shall: 20 (1) Include a detailed timeline for the completion of the 21 tasks described. 22 (2) Be updated quarterly during the remainder of the 23 transition period. 24 (3) Describe how information will be provided to clients 25 of the transition departments and the department regarding any 26 changes in service delivery. 27 (4) Describe how the transition to the department will be 28 funded, including how expenses associated with the transition 29 will be managed; how funding for services provided by the 30 transition departments will be managed to ensure provision 31 of services by the transition departments and the department 32 without interruption; and how federal funds will be used by 33 or transferred between the transition departments and the 34 department to ensure provision of services by the transition 35 -71- HF 2578.4575.S (1) 89 mb 71/ 91
departments and the department without interruption. 1 6. Statutory and administrative rule updates. 2 a. Legislative changes required to implement the 3 transition. Additional legislation is necessary to fully 4 implement the transition. The director of the department 5 of health and human services shall, in compliance with 6 section 2.16, prepare draft legislation for submission to the 7 legislative services agency, as necessary, for consideration 8 by the general assembly during the 2023 legislative 9 session, to implement the transition effective July 1, 2023. 10 Notwithstanding any provision to the contrary in section 2.16, 11 the draft legislation shall be submitted to the legislative 12 services agency by October 1, 2022. 13 b. Update of administrative code required by the 14 transition. In updating references and the format in the 15 Iowa administrative code, in order to correspond to the 16 transferring of duties of the transition departments, the 17 administrative rules coordinator and the administrative rules 18 review committee, in consultation with the administrative code 19 editor, shall collectively develop a schedule for the necessary 20 updating of the Iowa administrative code. 21 DIVISION XII 22 NON-STATE GOVERNMENT-OWNED NURSING FACILITY QUALITY 23 OF CARE RATE ADD-ON PROGRAM 24 Sec. 52. Section 249L.2, subsections 6 and 7, Code 2022, are 25 amended by striking the subsections. 26 Sec. 53. Section 249L.2, subsection 8, Code 2022, is amended 27 to read as follows: 28 8. “Nursing facility” means a licensed nursing facility as 29 defined in section 135C.1 that is a freestanding facility or 30 a nursing facility operated by a hospital licensed pursuant 31 to chapter 135B , but does not include a distinct-part skilled 32 nursing unit or a swing-bed unit operated by a hospital, or 33 a nursing facility owned by the state or federal government 34 or other governmental unit. “Nursing facility” includes a 35 -72- HF 2578.4575.S (1) 89 mb 72/ 91
non-state government-owned nursing facility if the nursing 1 facility participates in the non-state government-owned nursing 2 facility quality of care rate add-on program. 3 Sec. 54. REPEAL. 2019 Iowa Acts, chapter 85, sections 103, 4 104, and 108, are repealed. 5 Sec. 55. REPEAL. 2020 Iowa Acts, chapter 1063, section 390, 6 is repealed. 7 DIVISION XIII 8 HEARING AIDS AND AUDIOLOGIC SERVICES FUNDING PROGRAM —— 9 FY 2021-2022 NONREVERSION 10 Sec. 56. 2021 Iowa Acts, chapter 182, section 3, subsection 11 2, paragraph e, is amended to read as follows: 12 e. Of the funds appropriated in this subsection, $156,000 13 shall be used to provide audiological services and hearing 14 aids for children. Notwithstanding section 8.33, moneys 15 appropriated in this paragraph that remain unencumbered or 16 unobligated at the close of the fiscal year shall not revert 17 but shall remain available for expenditure for the purposes 18 designated until the close of the succeeding fiscal year. The 19 amount that does not revert shall be reported by the department 20 to the general assembly. 21 Sec. 57. EFFECTIVE DATE. This division of this Act, being 22 deemed of immediate importance, takes effect upon enactment. 23 DIVISION XIV 24 ADMISSION OR TRANSFER OF PERSONS WITH A DIAGNOSIS OF AN 25 INTELLECTUAL DISABILITY TO A STATE MENTAL HEALTH INSTITUTE 26 Sec. 58. Section 4.1, subsection 9A, Code 2022, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 9A. “Intellectual disability” means a diagnosis of 30 intellectual disability or intellectual developmental disorder, 31 global developmental delay, or unspecified intellectual 32 disability or intellectual developmental disorder which 33 diagnosis shall be made only when the onset of the person’s 34 condition was during the developmental period and based on an 35 -73- HF 2578.4575.S (1) 89 mb 73/ 91
assessment of the person’s intellectual functioning and level 1 of adaptive skills. A diagnosis of intellectual disability 2 shall be made by a licensed psychologist or psychiatrist who 3 is professionally trained to administer the tests required to 4 assess intellectual functioning and to evaluate a person’s 5 adaptive skills and shall be made in accordance with the 6 criteria provided in the current version of the diagnostic 7 and statistical manual of mental disorders published by the 8 American psychiatric association. 9 Sec. 59. Section 226.8, Code 2022, is amended to read as 10 follows: 11 226.8 Persons with a diagnosis of an intellectual disability 12 not receivable —— exception —— admission or transfer to state 13 mental health institute . 14 1. A Admission or transfer pursuant to section 222.7 to 15 a state mental health institute of a person who has with a 16 diagnosis of an intellectual disability, as defined in section 17 4.1 , shall not be admitted, or transferred pursuant to section 18 222.7 , to a state mental health institute unless a professional 19 diagnostic evaluation indicates that such only occur under the 20 following conditions: 21 a. If all of the following requirements are met: 22 (1) The person has been determined by the state mental 23 health institute to meet admission criteria for inpatient 24 psychiatric care. 25 (2) The state mental health institute has determined the 26 person will benefit from psychiatric treatment or from some 27 other specific program available at the state mental health 28 institute to which it is proposed to admit or transfer the 29 person . 30 (3) There is sufficient capacity available at the state 31 mental health institute to support the needs of the person. 32 b. If determined appropriate for the person at the 33 sole discretion of the director of human services, the 34 administrator, or the director’s or administrator’s designee. 35 -74- HF 2578.4575.S (1) 89 mb 74/ 91
2. Charges for the care of any person with a diagnosis of 1 an intellectual disability admitted to a state mental health 2 institute shall be made by the institute in the manner provided 3 by chapter 230 , but the liability of any other person to any 4 county mental health and disability services region for the 5 cost of care of such person with a diagnosis of an intellectual 6 disability shall be as prescribed by section 222.78 . 7 DIVISION XV 8 HEALTH-RELATED DATA 9 Sec. 60. Section 11.41, subsection 3, Code 2022, is amended 10 to read as follows: 11 3. If the information, records, instrumentalities, and 12 properties sought by the auditor of state are required by law 13 to be kept confidential, the auditor of state shall have access 14 to the information, records, instrumentalities, and properties, 15 but shall maintain the confidentiality of all such information 16 and is subject to the same penalties as the lawful custodian 17 of the information for dissemination of the information. 18 However, the auditor of state shall not have access to the 19 income tax returns of individuals or to an individual’s name 20 or residential address from a reportable disease report under 21 section 139A.3 . 22 Sec. 61. Section 135.166, subsection 2, Code 2022, is 23 amended to read as follows: 24 2. Unless otherwise authorized or required by state or 25 federal law, data collected under this section shall not 26 include the social security number or name of the individual 27 subject of the data. 28 Sec. 62. Section 139A.3, Code 2022, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 1A. A state or local agency employee 31 or agent shall not have access to personally identifiable 32 information included in a reportable disease report provided 33 to or maintained by the department, a local board, or a local 34 department, unless the employee or agent has completed data 35 -75- HF 2578.4575.S (1) 89 mb 75/ 91
confidentiality training. 1 DIVISION XVI 2 MEDICAID AND HAWK-I PROGRAMS —— INSURANCE PROVISIONS 3 APPLICABILITY 4 Sec. 63. NEW SECTION . 505.34 Medical assistance and hawk-i 5 programs —— applicability of subtitle. 6 1. The medical assistance program under chapter 249A and the 7 healthy and well kids in Iowa (hawk-i) program under chapter 8 514I shall not be subject to this subtitle unless otherwise 9 provided by law. 10 2. A managed care organization acting pursuant to a contract 11 with the department of human services to administer the medical 12 assistance program under chapter 249A, or the healthy and well 13 kids in the Iowa (hawk-i) program under chapter 514I, shall not 14 be subject to this subtitle unless otherwise provided by law. 15 Sec. 64. Section 514B.32, Code 2022, is amended by adding 16 the following new subsection: 17 NEW SUBSECTION . 5. The provisions of this chapter shall be 18 applicable to a managed care organization acting pursuant to a 19 contract with the department of human services to administer 20 the medical assistance program under chapter 249A, or the 21 healthy and well kids in Iowa (hawk-i) program under chapter 22 514I, only with respect to licensure and solvency standards 23 as evidenced by the managed care organization obtaining 24 and maintaining a certificate of authority, and maintaining 25 compliance with the solvency standards set forth in this 26 chapter. 27 Sec. 65. Section 514I.2, subsection 9, Code 2022, is amended 28 to read as follows: 29 9. “Participating insurer” means any of the following: 30 a. An entity licensed by the division of insurance of the 31 department of commerce to provide health insurance in Iowa that 32 has contracted with the department to provide health insurance 33 coverage to eligible children under this chapter . 34 b. A managed care organization acting pursuant to a contract 35 -76- HF 2578.4575.S (1) 89 mb 76/ 91
with the department of human services to administer the hawk-i 1 program. 2 Sec. 66. Section 514I.5, subsection 9, Code 2022, is amended 3 to read as follows: 4 9. The hawk-i board shall monitor the capacity of Medicaid 5 managed care organizations acting pursuant to a contract with 6 the department to administer the hawk-i program to specifically 7 and appropriately address the unique needs of children and 8 children’s health delivery. 9 DIVISION XVII 10 MORE OPTIONS FOR MATERNAL SUPPORT PROGRAM —— MEDICAID 11 POSTPARTUM COVERAGE REPORT 12 Sec. 67. NEW SECTION . 217.41C More options for maternal 13 support program. 14 1. a. The department of human services shall create the 15 more options for maternal support program, a statewide program 16 to promote healthy pregnancies and childbirth through nonprofit 17 organizations that provide pregnancy support services. 18 b. The more options for maternal support program is designed 19 to do all of the following: 20 (1) Provide an approach and personalized support to 21 pregnant women to provide stabilization to families. 22 (2) Promote improved pregnancy outcomes, including reducing 23 abortions, by helping women practice sound health-related 24 behaviors and improve prenatal nutrition. 25 (3) Improve child health and development by helping parents 26 provide responsible and competent care for their children. 27 (4) Improve family economic self-sufficiency by linking 28 parents to services that address individual economic and social 29 needs. 30 c. For the purposes of this section, “pregnancy support 31 services” means those nonmedical services that promote 32 childbirth by providing information, counseling, and support 33 services that assist pregnant women or women who believe they 34 may be pregnant to choose childbirth and to make informed 35 -77- HF 2578.4575.S (1) 89 mb 77/ 91
decisions regarding the choice of adoption or parenting with 1 respect to their children. 2 2. The program may provide and support all of the following 3 pregnancy support services: 4 a. Nutritional services and education. 5 b. Housing, education, and employment assistance during 6 pregnancy and up to one year following a birth. 7 c. Adoption education, planning, and services. 8 d. Child care assistance if necessary for a pregnant woman 9 to receive pregnancy support services. 10 e. Parenting education and support services for up to one 11 year following a child’s birth. 12 f. Material items which are supportive of pregnancy and 13 childbirth including but not limited to cribs, car seats, 14 clothing, diapers, formula, or other safety devices. 15 g. Information regarding health care benefits, including but 16 not limited to available Medicaid coverage for pregnancy care 17 and health care coverage for a child following birth. 18 h. A call center for information or to schedule 19 appointments. 20 i. Medical information and referrals for medical care, 21 including but not limited to pregnancy tests, sexually 22 transmitted infection tests, other health screenings, 23 ultrasound services, prenatal care, and birth classes and 24 planning. 25 j. Counseling, mentoring, educational information, and 26 classes relating to pregnancy, parenting, adoption, life 27 skills, and employment readiness. 28 3. The department of human services shall issue a request 29 for proposals to select a program administrator for the 30 program. A program administrator shall meet all of the 31 following requirements: 32 a. Be a nonprofit entity incorporated in this state with a 33 tax-exempt status pursuant to section 501(c)(3) of the Internal 34 Revenue Code. 35 -78- HF 2578.4575.S (1) 89 mb 78/ 91
b. Have systems and processes in place that have been used 1 for at least three years to successfully manage a statewide 2 network of subcontractors providing pregnancy support services. 3 c. Have a commitment to promoting healthy pregnancies and 4 childbirth instead of abortion as a fundamental part of the 5 program administrator’s mission. 6 d. Create and maintain a network of subcontractors to 7 provide pregnancy support services. 8 e. Maintain records for each subcontractor. 9 f. Monitor compliance with the terms and conditions of a 10 subcontractor. 11 4. A subcontractor providing pregnancy support services 12 under the program shall meet all of the following requirements: 13 a. Be a nonprofit organization incorporated in this state 14 with a tax-exempt status pursuant to section 501(c)(3) of the 15 Internal Revenue Code. 16 b. Have a minimum of one year of operational experience in 17 either providing core pregnancy support services or managing 18 a network of providers of pregnancy support services as a 19 subcontractor. 20 c. Have a primary mission of promoting healthy pregnancies 21 and childbirth instead of abortion. 22 d. Have a system of financial accountability consistent with 23 generally accepted accounting principles, including an annual 24 budget. 25 e. Have a board that hires and supervises a director who 26 manages the organization’s operations. 27 f. Offer, at a minimum, counseling for women who are or may 28 be experiencing unplanned pregnancies. 29 g. Provide confidential and free pregnancy support and other 30 program services. 31 h. Provide each pregnant woman with accurate information 32 on the developmental characteristics of unborn children and 33 babies. 34 i. Ensure that program funds are not used to provide 35 -79- HF 2578.4575.S (1) 89 mb 79/ 91
or refer pregnant women for terminations of pregnancy, or 1 to encourage or affirmatively counsel a pregnant woman to 2 terminate a pregnancy unless the pregnant woman’s attending 3 physician confirms the termination of pregnancy is medically 4 necessary to prevent the pregnant woman’s death. 5 j. Maintain confidentiality of all data, files, and records 6 related to the program services provided to persons accessing 7 program services in compliance with state and federal laws. 8 5. The department of human services shall publish the 9 program administrator and subcontractor criteria on the 10 department’s internet site. 11 6. The department of human services shall adopt rules 12 pursuant to chapter 17A to administer the program, and shall 13 provide technical assistance to the program administrator, 14 monitor the program administrator for adherence to state and 15 federal requirements, and collect and maintain program data. 16 7. Beginning October 1, 2023, and on or before October 17 1 annually thereafter, the department of human services 18 shall submit to the general assembly the following program 19 information relative to the prior fiscal year: 20 a. The total number of subcontractors by geographical region 21 and the total number of unduplicated clients served by each 22 subcontractor by gender and age. 23 b. A description of outreach efforts by the administrator, 24 subcontractors, and the department. 25 c. Total program expenditures. 26 d. The amounts attributable to the administrator contract 27 and to each contract with the subcontractors. 28 e. The outcomes based on outcome measures included in the 29 contracts with the administrator and each subcontractor. 30 Sec. 68. MEDICAID POSTPARTUM COVERAGE —— REPORT. The 31 department of human services shall review data regarding 32 the postpartum coverage available to recipients of 33 pregnancy-related Medicaid coverage and shall submit a report 34 to the general assembly by December 15, 2022, that includes 35 -80- HF 2578.4575.S (1) 89 mb 80/ 91
the number of recipients of postpartum services, the services 1 utilized, and the costs of such services for the period 2 beginning January 1, 2020, through June 30, 2022, as well as 3 information regarding the number of states that have expanded 4 Medicaid postpartum coverage beyond sixty days, such states’ 5 postpartum coverage expansion period, the amount of cost 6 savings realized by the states that expanded coverage to twelve 7 months postpartum, and whether a state expanded coverage 8 pursuant to a Medicaid waiver or a state plan amendment. 9 DIVISION XVIII 10 MENTAL HEALTH AND DISABILITY SERVICES REGIONS 11 Sec. 69. Section 331.389, Code 2022, is amended to read as 12 follows: 13 331.389 Mental health and disability services regions —— 14 criteria. 15 1. a. Local access to mental health and disability services 16 for adults shall be provided either by counties organized 17 into a regional service system or by individual counties that 18 are exempted as provided by this subsection . The department 19 of human services shall encourage counties to enter into 20 a regional system when the regional approach is likely to 21 increase the availability of services to residents of the state 22 who need the services comprised of mental health and disability 23 services regions approved by the director of the department . 24 It is the intent of the general assembly that the adult 25 residents of this state should have access to needed mental 26 health and disability services regardless of the location of 27 their residence. 28 b. If a county has been exempted prior to July 1, 2014, from 29 the requirement to enter into a regional service system, the 30 county and the county’s board of supervisors shall fulfill all 31 requirements and be eligible as a region under this chapter and 32 chapters 222 , 225 , 225C , 226 , 227 , 229 , and 230 for a regional 33 service system, regional service system management plan, 34 regional governing board, and regional administrator, and any 35 -81- HF 2578.4575.S (1) 89 mb 81/ 91
other provisions applicable to a region of counties providing 1 local mental health and disability services. Additionally, a 2 county exempted under this subsection shall be considered a 3 region for purposes of chapter 426B . 4 2. The director of human services shall approve any a region 5 meeting the requirements of subsection 3 . 6 3. Each county in the state shall participate in an 7 approved mental health and disability services region , unless 8 exempted pursuant to subsection 1 . A region exempted from 9 the requirement to form a multicounty region prior to July 1, 10 2014, shall adhere to and fulfill all of the requirements of a 11 multicounty region. A mental health and disability services 12 region shall comply with all of the following requirements , as 13 applicable : 14 a. The counties comprising the a multicounty region are 15 contiguous. 16 b. The A multicounty region has at least three counties. 17 c. The region has the capacity to provide provides 18 required core services and perform performs all other required 19 functions. 20 d. At least one community mental health center or a 21 federally qualified health center with providers qualified 22 to provide psychiatric services, either directly or through 23 contractual arrangements with mental health professionals 24 qualified to provide psychiatric services, is located within 25 the region, has the capacity to provide outpatient services for 26 the region, and is either under contract with the region or has 27 provided documentation of intent to contract with the region 28 to provide the services . 29 e. A hospital with an inpatient psychiatric unit or a state 30 mental health institute is located in or within reasonably 31 close proximity to the region, has the capability to provide 32 inpatient services for the region, and is either under contract 33 with the region or has provided documentation of intent to 34 contract with the region to provide the services . 35 -82- HF 2578.4575.S (1) 89 mb 82/ 91
f. The regional administrator structure proposed for 1 or utilized by the region has demonstrates clear lines of 2 accountability and the regional administrator functions as a 3 lead agency utilizing shared county staff or other appropriate 4 means of limiting administrative costs. 5 4. County formation of a A mental health and disability 6 services region is subject to all of the following: 7 a. On or before April 1, 2013, counties voluntarily 8 participating in a The approved region have complied shall 9 comply with all of the following formation criteria: 10 (1) The Any counties forming comprising the region have 11 been shall be identified and the board of supervisors of the 12 counties have approved a written letter of intent to join 13 together to form the region . 14 (2) (a) The proposed region complies with the requirements 15 in subsection 3 . 16 (3) (b) The department provides shall provide written 17 notice to the boards of supervisors of the counties identified 18 for the region in the letter of intent a region’s regional 19 administrator that the counties have complied region is in 20 compliance with the requirements in subsection 3 . 21 b. Upon the department’s determination that a region is in 22 compliance with the provisions of paragraph “a” requirements of 23 subsection 3 , the participating counties are region shall be 24 eligible for technical assistance provided by the department. 25 c. The department shall work with any county that has not 26 agreed to be part of a region in accordance with paragraph 27 “a” and with the regions forming around the county to resolve 28 issues preventing the county from joining a region. In 29 addition to the regional governance agreement requirements 30 in section 331.392 , the department may compel the county and 31 region to engage in mediation for resolution of a dispute. 32 The costs incurred for mediation shall be paid by the county 33 and the region in dispute according to their governance 34 agreement. A county that has not agreed to be part of a 35 -83- HF 2578.4575.S (1) 89 mb 83/ 91
region in accordance with paragraph “a” shall be assigned by 1 the department to a region, unless exempted prior to July 1, 2 2014. A county assigned by the department to a region shall 3 be included in that region’s amended governance agreement 4 pursuant to this section as of an effective date designated by 5 the department. The assigned county and region shall operate 6 according to the region’s existing governance agreement until 7 the regional governance agreement is amended. 8 d. (1) On or before December 31, 2013, all counties shall 9 be part of a region that is in compliance with the provisions 10 of paragraph “a” other than meeting the April 1, 2013, date. If 11 the department withdraws approval for a region, or if a county 12 is not approved by the department as a single county region and 13 otherwise not assigned to a region, the department may assign 14 the county or counties no longer assigned to an approved region 15 to an approved region. 16 (2) An approved region that has a county assigned to the 17 region pursuant to subparagraph (1) shall amend the region’s 18 existing governance agreement to include the assigned county. 19 The amended governance agreement shall include an effective 20 date designated by the department. 21 (3) A county assigned to a region by the department pursuant 22 to subparagraph (1) shall operate according to the governance 23 agreement in existence at the time the county was assigned to 24 the region until the region’s amended governance agreement 25 created pursuant to subparagraph (2) becomes effective. 26 e. On or before June 30, 2014, unless exempted prior to July 27 1, 2014, all counties A region shall be in compliance with all 28 of the following mental health and disability services region 29 implementation criteria: 30 (1) The board of supervisors of each county participating 31 in the a multicounty region has voted to approve a chapter 28E 32 agreement. 33 (2) The duly authorized representatives of all the counties 34 participating in the a multicounty region have signed the 35 -84- HF 2578.4575.S (1) 89 mb 84/ 91
chapter 28E agreement that is in compliance with section 1 331.390 . 2 (3) The county board of supervisors’ or supervisors’ 3 designee members and other members of the region’s governing 4 board have been appointed in accordance with section 331.390 . 5 (4) Executive staff for the region’s regional administrator 6 have been identified or engaged . 7 (5) An initial draft of a A regional service management 8 transition plan has been developed which identifies the steps 9 to be taken by the region to do all of the following: 10 (a) Designate local Local access points for the disability 11 services administered by the region. 12 (b) Designate the The region’s targeted case manager 13 providers funded by the medical assistance program. 14 (c) Identify the The service provider network for the 15 region. 16 (d) Define the The service access and service authorization 17 process to be utilized for by the region. 18 (e) Identify the The information technology and data 19 management capacity to be employed to support regional 20 functions. 21 (f) Establish business Business functions, funds accounting 22 procedures, and other administrative processes. 23 (g) Comply with data Data reporting and other information 24 technology requirements identified by the department. 25 (6) The department has approved the region’s chapter 28E 26 agreement and the initial draft of the regional management 27 transition plan unless the county was exempted from the 28 requirements of subparagraph (1) prior to July 1, 2014 . 29 (7) The department has approved the region’s regional 30 management plan. 31 f. If the department, in consultation with the state 32 commission, determines that a region is in substantial 33 compliance with the implementation criteria in paragraph “e” 34 and has sufficient operating capacity to begin operations, the 35 -85- HF 2578.4575.S (1) 89 mb 85/ 91
region may commence partial or full operations prior to July 1 2014. 2 5. a. If the department determines that a region or an 3 exempted county is not adequately fulfilling the requirements 4 under this chapter for a regional service system, the 5 department shall address the region or county in the following 6 order: 7 (1) Require compliance with a corrective action plan. 8 (2) Reduce the amount of the annual state funding provided 9 for the regional service system or exempted county , including 10 amounts received under section 225C.7A , not to exceed fifteen 11 percent of the amount. 12 (3) Withdraw approval for the region or for the county 13 exemption, as applicable . 14 b. The department shall rely on all information available, 15 including annual audits submitted under section 331.391 , 16 regional governance agreements submitted under section 331.392 , 17 and annual service and budget plans submitted under section 18 331.393 in determining whether a region or an exempted county 19 is adequately fulfilling the requirements for a regional 20 service system. The department may request and review 21 financial documents, contracts, and other audits, and may 22 perform on-site reviews and interviews to gather information. 23 Sec. 70. Section 331.390, subsection 1, Code 2022, is 24 amended to read as follows: 25 1. a. The counties comprising a mental health and 26 disability services region shall enter into an agreement under 27 chapter 28E to form a regional administrator under the control 28 of a governing board to function on behalf of those counties. 29 b. A region exempted from the requirement to enter into 30 a chapter 28E agreement prior to July 1, 2014, shall submit 31 written documents demonstrating that the region has formed a 32 regional administrator under the control of a governing board 33 to function on behalf of that region and otherwise comply with 34 the requirements of this section. 35 -86- HF 2578.4575.S (1) 89 mb 86/ 91
Sec. 71. Section 331.391, subsection 1, Code 2022, is 1 amended to read as follows: 2 1. The funding under the control of the governing board 3 shall be maintained in a combined account. A county exempted 4 under section 331.389, subsection 1 from joining a multicounty 5 region prior to July 1, 2014 , shall maintain a county mental 6 health and disability services fund for the deposit of funding 7 received under section 225C.7A and appropriations specifically 8 authorized to be made from the county mental health and 9 disability services fund shall not be made from any other fund 10 of the county. A county mental health and disability services 11 fund established by an exempt county, to the extent feasible, 12 shall be considered to be the same as a region combined account 13 and shall be subject to the same requirements as a region’s 14 combined account. 15 Sec. 72. Section 331.392, subsection 1, Code 2022, is 16 amended to read as follows: 17 1. a. In addition to compliance with the applicable 18 provisions of chapter 28E , the chapter 28E agreement entered 19 into by the counties comprising a mental health and disability 20 services region in forming the regional administrator to 21 function on behalf of the counties shall comply with the 22 requirements of this section . 23 b. Documents submitted by a region exempted from the 24 requirement to enter into a chapter 28E agreement prior to July 25 1, 2014, pursuant to section 331.390, subsection 1, paragraph 26 “b” , shall also demonstrate compliance with the requirements of 27 this section. 28 Sec. 73. Section 331.393, subsection 1, Code 2022, is 29 amended to read as follows: 30 1. a. The mental health and disability services provided 31 by counties operating as a region shall be delivered in 32 accordance with a regional service system management plan 33 approved by the region’s governing board and implemented by the 34 regional administrator in accordance with this section . The 35 -87- HF 2578.4575.S (1) 89 mb 87/ 91
requirements for a regional service system management plan and 1 plan format shall be specified in rule adopted by the state 2 commission pursuant to a recommendation made by the department. 3 A regional management plan shall include an annual service and 4 budget plan, a policies and procedures manual, and an annual 5 report. Each region’s initial plan shall be submitted to the 6 department by April 1, 2014. 7 b. A region, regardless of whether the region is a 8 single county or multicounty region, shall comply with all 9 requirements of this section. 10 Sec. 74. Section 331.393, subsection 6, Code 2022, is 11 amended by striking the subsection. 12 Sec. 75. Section 331.910, subsection 2, paragraph d, Code 13 2022, is amended to read as follows: 14 d. “Region” means a mental health and disability services 15 region formed in accordance with section 331.389 or a county 16 that has been exempted by the director of human services from 17 being required to be a part of a mental health and disability 18 services region in accordance with section 331.389 . 19 DIVISION XIX 20 HEALTH CARRIERS —— TELEHEALTH 21 Sec. 76. Section 514C.34, subsection 3, Code 2022, is 22 amended to read as follows: 23 3. a. Health care services that are delivered by telehealth 24 must be appropriate and delivered in accordance with applicable 25 law and generally accepted health care practices and standards 26 prevailing at the time the health care services are provided, 27 including all rules adopted by the appropriate professional 28 licensing board, pursuant to chapter 147 , having oversight 29 of the health care professional providing the health care 30 services. 31 b. A health carrier shall not exclude a health care 32 professional who provides services for mental health 33 conditions, illnesses, injuries, or diseases and who is 34 physically located out-of-state from participating as a 35 -88- HF 2578.4575.S (1) 89 mb 88/ 91
provider, via telehealth, under a policy, plan, or contract 1 offered by the health carrier in the state if all of the 2 following requirements are met: 3 (1) The health care professional is licensed in this state 4 by the appropriate professional licensing board and is able 5 to deliver health care services for mental health conditions, 6 illnesses, injuries, or diseases via telehealth in compliance 7 with paragraph “a” . 8 (2) The health care professional is able to satisfy the same 9 criteria that the health carrier uses to qualify a health care 10 professional who is located in the state, and who holds the 11 same license as the out-of-state professional, to participate 12 as a provider, via telehealth, under a policy, plan, or 13 contract offered by the health carrier in the state. 14 Sec. 77. EFFECTIVE DATE. This division of this Act, being 15 deemed of immediate importance, takes effect upon enactment. 16 Sec. 78. APPLICABILITY. This division of this Act applies 17 to health carriers that deliver, issue for delivery, continue, 18 or renew a policy, contract, or plan in this state on or after 19 the effective date of this Act. 20 DIVISION XX 21 NURSING FACILITY CONSTRUCTION OR EXPANSION RELIEF 22 Sec. 79. Section 249K.2, subsection 4, Code 2022, is amended 23 to read as follows: 24 4. “Major renovations” means construction or facility 25 improvements to a nursing facility in which the total amount 26 expended exceeds one million five seven hundred fifty thousand 27 dollars. 28 Sec. 80. Section 249K.5, subsection 2, Code 2022, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . c. The nursing facility for which relief 31 or an exception is requested is proposing replacement or 32 enhancement of an HVAC, as defined in section 105.2, system for 33 improved infection control. 34 Sec. 81. ADMINISTRATIVE RULES —— ADOPTION AND 35 -89- HF 2578.4575.S (1) 89 mb 89/ 91
AMENDMENT. The department of human services shall adopt or 1 amend rules pursuant to chapter 17A to administer this division 2 of this Act. Specifically, the department shall amend rules 3 relating to nursing facility additional requirements for all 4 requests for the capital cost per diem instant relief add-on 5 and enhanced nondirect care rate component limit to provide 6 that with regard to the additional requirements a nursing 7 facility must meet, the facility has Medicaid utilization at 8 or above forty percent for the two-month period before the 9 request for additional reimbursement is submitted. Medicaid 10 utilization for this purpose is calculated as total nursing 11 facility Medicaid patient days divided by total in-house 12 patient days as reported on the facility’s most current 13 financial and statistical report. 14 DIVISION XXI 15 PSYCHIATRY RESIDENCY PROGRAM 16 Sec. 82. NEW SECTION . 135.180 State-funded psychiatry 17 residency program —— fund —— appropriations. 18 1. The university of Iowa hospitals and clinics shall 19 administer a state-funded psychiatry residency program 20 in cooperation with the state mental health institutes at 21 Independence and Cherokee, the state resource center at 22 Woodward, the state training school at Eldora, and the Iowa 23 medical and classification center at Oakdale. The university 24 of Iowa hospitals and clinics shall expand the psychiatry 25 residency program to provide additional residency positions 26 by providing financial support for residency positions 27 which are in excess of the federal residency cap established 28 by the federal Balanced Budget Act of 1997, Pub. L. No. 29 105-33. Participating residents shall complete a portion of 30 their psychiatry training at one of the state mental health 31 institutes, the state resource center, the state training 32 school, or the Iowa medical and classification center at 33 Oakdale. For accreditation-required clinical experiences not 34 available at the state mental health institutes, the state 35 -90- HF 2578.4575.S (1) 89 mb 90/ 91
resource center, the state training school, or the Iowa medical 1 and classification center at Oakdale, the psychiatry residency 2 program and its residents may utilize clinical rotations at the 3 university of Iowa hospitals and clinics and its affiliates 4 across the state. 5 2. The university of Iowa hospitals and clinics shall apply 6 to the accreditation council for graduate medical education 7 for approval of twelve additional residency positions for each 8 class of residents and the psychiatry residency program shall 9 award the total number of residency positions approved for each 10 class of residents. Preference in the awarding of residency 11 positions shall be given to candidates who are residents of 12 Iowa, attended and earned an undergraduate degree from an Iowa 13 college or university, or attended and earned a medical degree 14 from a medical school in Iowa. 15 3. A psychiatry residency program fund is created in 16 the state treasury consisting of the moneys appropriated or 17 credited to the fund by law. Notwithstanding section 8.33, 18 moneys in the fund at the end of each fiscal year shall not 19 revert to any other fund but shall remain in the psychiatry 20 residency program fund for use in subsequent fiscal years. 21 Moneys in the fund are appropriated to the university of Iowa 22 hospitals and clinics to be used for the purposes of the 23 program. For the fiscal years beginning on or after July 1, 24 2023, there is appropriated from the general fund of the state 25 to the psychiatry residency program fund one hundred thousand 26 dollars for each residency position approved and awarded under 27 the program. > 28 -91- HF 2578.4575.S (1) 89 mb 91/ 91