House File 2698 H-8348 Amend House File 2698 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 DEPARTMENT OF VETERANS AFFAIRS —— FY 2024-2025 5 Section 1. DEPARTMENT OF VETERANS AFFAIRS. There is 6 appropriated from the general fund of the state to the 7 department of veterans affairs for the fiscal year beginning 8 July 1, 2024, and ending June 30, 2025, the following amounts, 9 or so much thereof as is necessary, to be used for the purposes 10 designated: 11 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 12 For salaries, support, maintenance, and miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,369,205 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 17 2. IOWA VETERANS HOME 18 For salaries, support, maintenance, and miscellaneous 19 purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,145,736 21 a. The Iowa veterans home billings involving the department 22 of health and human services shall be submitted to the 23 department on at least a monthly basis. 24 b. The Iowa veterans home expenditure report shall be 25 submitted monthly to the general assembly. 26 3. HOME OWNERSHIP ASSISTANCE PROGRAM 27 For transfer to the Iowa finance authority for the 28 continuation of the home ownership assistance program for 29 persons who are or were eligible members of the armed forces of 30 the United States, pursuant to section 16.54: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,200,000 32 DIVISION II 33 AGING AND DISABILITY SERVICES —— FY 2024-2025 34 Sec. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— AGING 35 -1- HF 2698.4378 (2) 90 pf/ko 1/ 59 #1.
AND DISABILITY SERVICES. There is appropriated from the 1 general fund of the state to the department of health and human 2 services for the fiscal year beginning July 1, 2024, and ending 3 June 30, 2025, the following amount, or so much thereof as is 4 necessary, to be used for the purposes designated: 5 For aging programs for the department of health and human 6 services and area agencies on aging to provide citizens of 7 Iowa who are 60 years of age and older with case management; 8 Iowa’s aging and disabilities resource centers; for the 9 return to community program; for the purposes of chapter 231E, 10 to administer the prevention of elder abuse, neglect, and 11 exploitation program pursuant to section 231.56A, in accordance 12 with the requirements of the federal Older Americans Act of 13 1965, 42 U.S.C. §3001 et seq., as amended; for the reporting 14 and evaluation of cases of dependant adult abuse pursuant to 15 chapter 235B; and for other services which may include but are 16 not limited to adult day, respite care, chore, information 17 and assistance, and material aid, for information and options 18 counseling for persons with disabilities, and for salaries, 19 support, administration, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,088,714 22 1. Funds appropriated in this section may be used to 23 supplement federal funds under federal regulations. To 24 receive funds appropriated in this section, a local area 25 agency on aging shall match the funds with moneys from other 26 sources according to rules adopted by the department. Funds 27 appropriated in this section may be used for services not 28 specifically enumerated in this section only if approved by the 29 department as part of an area agency on aging’s area plan. 30 2. Of the funds appropriated in this section, $949,282 31 shall be used for the family support center component of the 32 comprehensive family support program under chapter 225C, 33 subchapter V. 34 3. Of the funds appropriated in this section, $33,632 shall 35 -2- HF 2698.4378 (2) 90 pf/ko 2/ 59
be used to build community capacity through the coordination 1 and provision of training opportunities in accordance with the 2 consent decree of Conner v. Branstad, No. 4-86-CV-30871 (S.D. 3 Iowa, July 14, 1994). 4 DIVISION III 5 BEHAVIORAL HEALTH —— FY 2024-2025 6 Sec. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— 7 BEHAVIORAL HEALTH. There is appropriated from the general fund 8 of the state to the department of health and human services for 9 the fiscal year beginning July 1, 2024, and ending June 30, 10 2025, the following amount, or so much thereof as is necessary, 11 to be used for the purposes designated: 12 For behavioral health prevention, treatment, and recovery 13 efforts to reduce the prevalence of the use of, provide 14 treatment for, and support recovery from tobacco and substance 15 use and misuse pursuant to the applicable policy, purpose, 16 and intent described in sections 125.1 and 142A.1, alcohol, 17 problem gambling, and other addictive behaviors. Activities 18 shall align with accepted best practice guidance standards for 19 behavioral health including those published by the centers for 20 disease control and prevention and the substance abuse and 21 mental health services administration of the United States 22 department of health and human services for health promotion; 23 universal, selective, and indicated prevention; treatment; and 24 recovery services and supports; and shall include a 24-hour 25 helpline, public information resources, professional training, 26 youth prevention, program evaluation, and efforts at the state 27 and local levels: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,400,114 29 1. Of the funds appropriated in this section, $300,000 shall 30 be used to support the work of the children’s behavioral health 31 system including evidence-based behavioral health prevention, 32 treatment, and recovery services and supports for children and 33 their families pursuant to the intent specified in section 34 225C.6B, subsection 1. 35 -3- HF 2698.4378 (2) 90 pf/ko 3/ 59
2. Of the funds appropriated in this section, $950,000 1 shall be used for an integrated substance use disorder managed 2 care system. The department shall maintain the level of mental 3 health and substance use disorder treatment services provided 4 by the managed care contractors. The department shall take the 5 steps necessary to continue the federal waivers as needed to 6 maintain the level of services. 7 Sec. 4. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— SPORTS 8 WAGERING RECEIPTS FUND. There is appropriated from the sports 9 wagering receipts fund created in section 8.57, subsection 6, 10 to the department of health and human services for the fiscal 11 year beginning July 1, 2024, and ending June 30, 2025, the 12 following amount, or so much thereof as is necessary, to be 13 used for behavioral health prevention, treatment, and recovery 14 efforts to reduce the prevalence of the use of, provide 15 treatment for, and support recovery from tobacco and substance 16 use and misuse pursuant to the applicable policy, purpose, and 17 intent described in sections 125.1 and 142A.1, alcohol, problem 18 gambling, and other addictive behaviors: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,750,000 20 DIVISION IV 21 PUBLIC HEALTH —— FY 2024-2025 22 Sec. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— PUBLIC 23 HEALTH. There is appropriated from the general fund of the 24 state to the department of health and human services for the 25 fiscal year beginning July 1, 2024, and ending June 30, 2025, 26 the following amount, or so much thereof as is necessary, to be 27 used for the purposes designated: 28 For programs that support health promotion, protect the 29 health and safety of the public, conduct disease surveillance 30 and investigation to reduce the incidence of morbidity and 31 mortality, serve individuals with chronic conditions including 32 but not limited to cancer, support the Iowa donor registry as 33 specified in section 142C.18, and strengthen the health care 34 delivery system and workforce to improve health outcomes for 35 -4- HF 2698.4378 (2) 90 pf/ko 4/ 59
all Iowans: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,531,821 2 1. Of the funds appropriated in this section, $2,100,000 3 shall be deposited in the medical residency training account 4 created in section 135.175, subsection 5, paragraph “a”, and is 5 appropriated from the account to the department to be used for 6 the purposes of the medical residency training state matching 7 grants program as specified in section 135.176. 8 2. Of the funds appropriated in this section, the following 9 amounts are allocated to be used as follows to support the 10 goals of increased access, health system integration, and 11 engagement: 12 a. $600,000 is allocated to the Iowa prescription 13 drug corporation for continuation of the pharmaceutical 14 infrastructure for safety net providers originally established 15 as described in 2007 Iowa Acts, chapter 218, section 108, and 16 for the prescription drug donation repository program created 17 in chapter 135M. Funds allocated under this paragraph shall 18 be distributed in their entirety for the purpose specified on 19 July 1, 2024. 20 b. $374,000 is allocated to free clinics and free clinics 21 of Iowa for necessary infrastructure, statewide coordination, 22 provider recruitment, service delivery, and provision of 23 assistance to patients in securing a medical home inclusive 24 of oral health care. Of the funds allocated, $40,000 shall 25 be used to cover fees associated with using an electronic 26 prescribing system. Funds allocated under this paragraph shall 27 be distributed in their entirety for the purpose specified on 28 July 1, 2024. 29 c. $25,000 is allocated to the Iowa association of rural 30 health clinics for necessary infrastructure and service 31 delivery transformation. Funds allocated under this paragraph 32 shall be distributed in their entirety for the purpose 33 specified on July 1, 2024. 34 d. $225,000 is allocated to the Polk county medical society 35 -5- HF 2698.4378 (2) 90 pf/ko 5/ 59
for continuation of the safety net provider patients access 1 to specialty care initiative as described in 2007 Iowa Acts, 2 chapter 218, section 109. Funds allocated under this paragraph 3 shall be distributed in their entirety for the purpose 4 specified on July 1, 2024. 5 3. Of the funds appropriated in this section, $800,000 6 shall be used for rural psychiatric residencies to annually 7 fund eight psychiatric residents who will provide mental health 8 services in underserved areas of the state. 9 4. Of the funds appropriated in this section, $560,000 shall 10 be deposited in the state-funded family medicine obstetrics 11 fellowship program fund to be used for the state-funded family 12 medicine obstetrics fellowship program, in accordance with 13 section 135.193. 14 5. The department shall work with the board established 15 in chapter 135D to develop plans for program enhancements 16 in the Iowa health information network for the purpose of 17 empowering Iowa patients to access and direct their health 18 information utilizing the Iowa health information network. 19 Program enhancements shall protect data privacy, facilitate the 20 interchange of health data for the purpose of improving public 21 health outcomes, and increase participation by health care 22 providers. 23 6. The university of Iowa hospitals and clinics under 24 the control of the state board of regents shall not receive 25 indirect costs from the funds appropriated in this section. 26 The university of Iowa hospitals and clinics billings to the 27 department shall be on at least a quarterly basis. 28 DIVISION V 29 COMMUNITY ACCESS AND ELIGIBILITY —— FY 2024-2025 30 Sec. 6. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— COMMUNITY 31 ACCESS AND ELIGIBILITY. There is appropriated from the 32 general fund of the state to the department of health and human 33 services for the fiscal year beginning July 1, 2024, and ending 34 June 30, 2025, the following amount, or so much thereof as is 35 -6- HF 2698.4378 (2) 90 pf/ko 6/ 59
necessary, to be used for the purposes designated: 1 To be used for salaries, support, maintenance, and 2 miscellaneous purposes and for family investment program (FIP) 3 assistance in accordance with chapter 239B, and for other costs 4 associated with providing needs-based benefits or assistance 5 including but not limited to maternal and child health, oral 6 health, obesity prevention, the promoting independence and 7 self-sufficiency through employment, job opportunities and 8 basic skills (PROMISE JOBS) program, supplemental nutrition 9 assistance program (SNAP) employment and training, the FIP 10 diversion program, family planning, rent reimbursement, 11 and eligibility determinations for medical assistance, food 12 assistance, and the children’s health insurance program: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68,043,944 14 1. Of the child support collections assigned under FIP, 15 the federal share of support collections shall be credited to 16 the child support services appropriation made in this division 17 of this Act. Of the remainder of the assigned child support 18 collections received by child support services, a portion 19 shall be credited to community access and eligibility, and 20 the remaining funds may be used to increase recoveries, to 21 sustain cash flow in the child support payments account, or for 22 technology needs. If child support collections assigned under 23 FIP are greater than estimated or are otherwise determined not 24 to be required for maintenance of effort, the state share of 25 either amount may be transferred to or retained in the child 26 support payments account. 27 2. Of the funds appropriated in this section, $3,075,000 28 shall be used for continuation of the department’s initiative 29 to provide for adequate developmental surveillance and 30 screening during a child’s first five years. The funds shall 31 be used first to fully fund the current participating counties 32 to ensure that those counties are fully operational, with the 33 remaining funds to be used for expanding participation to 34 additional counties. The full implementation and expansion 35 -7- HF 2698.4378 (2) 90 pf/ko 7/ 59
shall include enhancing the scope of the initiative through 1 collaboration with the child health specialty clinics to 2 promote the use of developmental surveillance and screening to 3 support healthy child development through early identification 4 and response to both biomedical and social determinants of 5 healthy development by providing practitioner consultation 6 and continuous improvement through training and education, 7 particularly for children with behavioral conditions and 8 needs. The department shall also collaborate with the Medicaid 9 program and the child health specialty clinics to assist in 10 coordinating the activities of the first five initiative into 11 the establishment of patient-centered medical homes developed 12 to improve health quality and population health while reducing 13 health care costs. To the maximum extent possible, funding 14 allocated in this subsection shall be utilized as matching 15 funds for Medicaid program reimbursement. 16 3. Of the funds appropriated in this section, $1,145,102 17 is allocated to the Iowa commission on volunteer service for 18 programs and grants. 19 4. The university of Iowa hospitals and clinics under 20 the control of the state board of regents shall not receive 21 indirect costs from the funds appropriated in this section. 22 The university of Iowa hospitals and clinics billings to the 23 department shall be on at least a quarterly basis. 24 CHILD SUPPORT SERVICES 25 Sec. 7. CHILD SUPPORT SERVICES. There is appropriated from 26 the general fund of the state to the department of health and 27 human services for the fiscal year beginning July 1, 2024, and 28 ending June 30, 2025, the following amount, or so much thereof 29 as is necessary, to be used for the purposes designated: 30 For child support services, including salaries, support, 31 maintenance, and miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,434,282 33 1. Federal access and visitation grant moneys shall be used 34 for services designed to increase compliance with the child 35 -8- HF 2698.4378 (2) 90 pf/ko 8/ 59
access provisions of court orders, including but not limited to 1 neutral visitation sites and mediation services. 2 2. The appropriation made to the department for child 3 support services may be used throughout the fiscal year in the 4 manner necessary for purposes of cash flow management, and for 5 cash flow management purposes the department may temporarily 6 draw more than the amount appropriated, provided the amount 7 appropriated is not exceeded at the close of the fiscal year. 8 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT 9 Sec. 8. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 10 GRANT. There is appropriated from the special fund created in 11 section 8.41 to the department of health and human services 12 for the fiscal year beginning July 1, 2024, and ending June 13 30, 2025, from moneys received under the federal temporary 14 assistance for needy families (TANF) block grant pursuant 15 to the federal Personal Responsibility and Work Opportunity 16 Reconciliation Act of 1996, Pub. L. No. 104-193, and successor 17 legislation, the following amounts, or so much thereof as is 18 necessary, to be used for the purposes designated: 19 1. For community access and eligibility, FIP, the PROMISE 20 JOBS program, implementing family investment agreements in 21 accordance with chapter 239B, and for continuation of the 22 program promoting awareness of the benefits of a healthy 23 marriage: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,988,627 25 2. For community access and eligibility to provide 26 pregnancy prevention grants on the condition that family 27 planning services are funded: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,913,203 29 Pregnancy prevention grants shall be awarded to programs 30 in existence on or before July 1, 2024, if the programs have 31 demonstrated positive outcomes. Grants shall be awarded to 32 pregnancy prevention programs which are developed after July 33 1, 2024, if the programs are based on existing models that 34 have demonstrated positive outcomes. Grants shall comply with 35 -9- HF 2698.4378 (2) 90 pf/ko 9/ 59
the requirements provided in 1997 Iowa Acts, chapter 208, 1 section 14, subsections 1 and 2, including the requirement that 2 grant programs must emphasize sexual abstinence. Priority in 3 the awarding of grants shall be given to programs that serve 4 areas of the state which demonstrate the highest percentage of 5 unplanned pregnancies of females of childbearing age within the 6 geographic area to be served by the grant. 7 3. For community access and eligibility to meet one of the 8 four core purposes of TANF as specified in 45 C.F.R. §260.20, 9 including by modernizing the program to promote economic 10 mobility and self-sufficiency, ensuring that families are able 11 to overcome benefit cliffs, encouraging healthy families, and 12 streamlining service delivery to reduce duplication: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 14 4. For technology needs related to child support 15 modernization of the Iowa collections and reporting (ICAR) 16 system and for a closed loop referral system for the thrive 17 Iowa program: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 19 5. For early intervention and supports for the family 20 development and self-sufficiency (FaDSS) grant program in 21 accordance with section 216A.107: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,888,980 23 Of the funds allocated for the FaDSS grant program in this 24 subsection, not more than 5 percent of the funds shall be used 25 for administrative purposes. 26 6. For early intervention and supports for child abuse 27 prevention grants: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 29 7. For accountability, compliance, program integrity, 30 technology needs, and other resources necessary to meet federal 31 and state reporting, tracking, and case management requirements 32 and other departmental needs: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,533,647 34 8. For state child care assistance: 35 -10- HF 2698.4378 (2) 90 pf/ko 10/ 59
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,166,826 1 9. For child protective services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,364,100 3 10. For child protective services for the kinship stipend 4 program: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 6 DIVISION VI 7 MEDICAL ASSISTANCE —— STATE SUPPLEMENTARY ASSISTANCE —— HEALTHY 8 AND WELL KIDS IN IOWA PROGRAM AND OTHER HEALTH-RELATED PROGRAMS 9 —— FY 2024-2025 10 Sec. 9. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 11 ASSISTANCE, AND HEALTHY AND WELL KIDS IN IOWA PROGRAM. There 12 is appropriated from the general fund of the state to the 13 department of health and human services for the fiscal year 14 beginning July 1, 2024, and ending June 30, 2025, the following 15 amount, or so much thereof as is necessary, to be used for the 16 purposes designated: 17 For medical assistance program reimbursement and associated 18 costs as specifically provided in the reimbursement 19 methodologies in effect on June 30, 2024, except as otherwise 20 expressly authorized by law, consistent with options under 21 federal law and regulations, and contingent upon receipt of 22 approval from the office of the governor of reimbursement 23 for each abortion performed under the program; for the state 24 supplementary assistance program; for the health insurance 25 premium payment program; and for maintenance of the healthy and 26 well kids in Iowa (Hawki) program pursuant to chapter 514I, 27 including supplemental dental services, for receipt of federal 28 financial participation under Tit. XXI of the federal Social 29 Security Act, which creates the children’s health insurance 30 program; and for other specified health-related programs: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,650,866,536 32 1. Of the funds appropriated in this section, 33 $1,605,063,804 is allocated for medical assistance program 34 reimbursement and associated costs. 35 -11- HF 2698.4378 (2) 90 pf/ko 11/ 59
a. Of the funds allocated in this subsection, $800,000 shall 1 be used for the renovation and construction of certain nursing 2 facilities, consistent with the provisions of chapter 249K. 3 b. Of the funds allocated in this subsection, $3,383,880 4 shall be used for program administration, outreach, and 5 enrollment activities of the state family planning services 6 program pursuant to section 217.41B, and of this amount, the 7 department may use $200,000 for administrative expenses. 8 c. Of the funds allocated in this subsection, 9 $1,700,000 shall be used to provide for additional home and 10 community-based services waiver slots for individuals with an 11 intellectual disability. 12 2. Iowans support reducing the number of abortions 13 performed in our state. Funds appropriated under this section 14 shall not be used for abortions, unless otherwise authorized 15 under this section. 16 3. The provisions of this section relating to abortions 17 shall also apply to the Iowa health and wellness plan created 18 pursuant to chapter 249N. 19 4. Of the funds appropriated in this section, $4,479,762 is 20 allocated for the state supplementary assistance program. 21 5. Of the funds appropriated in this section, $41,322,970 22 is allocated for maintenance of the Hawki program pursuant 23 to chapter 514I, including supplemental dental services, for 24 receipt of federal financial participation under Tit. XXI of 25 the federal Social Security Act, which creates the children’s 26 health insurance program. 27 HEALTH PROGRAM OPERATIONS 28 Sec. 10. HEALTH PROGRAM OPERATIONS. There is appropriated 29 from the general fund of the state to the department of health 30 and human services for the fiscal year beginning July 1, 31 2024, and ending June 30, 2025, the following amount, or so 32 much thereof as is necessary, to be used for the purposes 33 designated: 34 For health program operations and the autism support 35 -12- HF 2698.4378 (2) 90 pf/ko 12/ 59
program: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,597,231 2 1. The department of inspections, appeals, and licensing 3 shall provide all state matching funds for survey and 4 certification activities performed by the department of 5 inspections, appeals, and licensing. The department of health 6 and human services is solely responsible for distributing the 7 federal matching funds for such activities. 8 2. Of the funds appropriated in this section, a sufficient 9 amount shall be used for the administration of the health 10 insurance premium payment program, including salaries, support, 11 maintenance, and miscellaneous purposes. 12 3. Of the funds appropriated in this section, $750,000 shall 13 be used for the state poison control center. Pursuant to the 14 directive under 2014 Iowa Acts, chapter 1140, section 102, the 15 federal matching funds available to the state poison control 16 center from the department under the federal Children’s Health 17 Insurance Program Reauthorization Act of 2009 allotment shall 18 be subject to the federal administrative cap rule of 10 percent 19 applicable to funding provided under Tit. XXI of the federal 20 Social Security Act and included within the department’s 21 calculations of the cap. 22 4. Unless otherwise provided, annual increases for services 23 provided through contracts funded under this section shall 24 not exceed the amount by which the consumer price index for 25 all urban consumers increased during the most recently ended 26 calendar year. 27 HEALTH CARE ACCOUNTS AND FUNDS 28 Sec. 11. PHARMACEUTICAL SETTLEMENT ACCOUNT —— DEPARTMENT 29 OF HEALTH AND HUMAN SERVICES. There is appropriated from the 30 pharmaceutical settlement account created in section 249A.33 to 31 the department of health and human services for the fiscal year 32 beginning July 1, 2024, and ending June 30, 2025, the following 33 amount, or so much thereof as is necessary, to be used for the 34 purposes designated: 35 -13- HF 2698.4378 (2) 90 pf/ko 13/ 59
Notwithstanding any provision of law to the contrary, to 1 supplement the appropriation made in this Act for health 2 program operations under the medical assistance program for the 3 same fiscal year: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,193 5 Sec. 12. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 6 HEALTH AND HUMAN SERVICES. Notwithstanding any provision to 7 the contrary and subject to the availability of funds, there is 8 appropriated from the quality assurance trust fund created in 9 section 249L.4 to the department of health and human services 10 for the fiscal year beginning July 1, 2024, and ending June 30, 11 2025, the following amount, or so much thereof as is necessary, 12 for the purposes designated: 13 To supplement the appropriation made in this Act from the 14 general fund of the state to the department of health and human 15 services for medical assistance for the same fiscal year: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $111,216,205 17 Sec. 13. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 18 DEPARTMENT OF HEALTH AND HUMAN SERVICES. Notwithstanding any 19 provision to the contrary and subject to the availability of 20 funds, there is appropriated from the hospital health care 21 access trust fund created in section 249M.4 to the department 22 of health and human services for the fiscal year beginning July 23 1, 2024, and ending June 30, 2025, the following amount, or so 24 much thereof as is necessary, for the purposes designated: 25 To supplement the appropriation made in this Act from the 26 general fund of the state to the department of health and human 27 services for medical assistance for the same fiscal year: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,920,554 29 REIMBURSEMENT RATES 30 Sec. 14. REIMBURSEMENT RATES. 31 1. Reimbursement for medical assistance, state 32 supplementary assistance, and social service providers and 33 services reimbursed under the purview of the department of 34 health and human services shall remain at the reimbursement 35 -14- HF 2698.4378 (2) 90 pf/ko 14/ 59
rate or shall be determined pursuant to the reimbursement 1 methodology in effect on June 30, 2024, with the exception of 2 the following: 3 a. If reimbursement is otherwise negotiated by contract or 4 pursuant to an updated fee schedule. 5 b. As otherwise provided in this section. 6 2. a. Notwithstanding any provision of law to the contrary, 7 for the fiscal year beginning July 1, 2024, and ending June 8 30, 2025, the department of health and human services shall 9 reimburse case-mix nursing facility rates at the amounts in 10 effect on June 30, 2024. 11 b. The department of health and human services shall 12 calculate each nursing facility’s case-mix index for the period 13 beginning July 1, 2023, using weighting based on the current 14 patient driven payment model (PDPM) schedule. Rosters shall be 15 made to show a separate calculation to determine the average 16 case-mix index for a nursing-facility-wide case mix index, and 17 a case-mix index for the residents of a nursing facility who 18 are Medicaid recipients using all minimum data set reports by 19 the nursing facility for the previous semi-annual period using 20 a day weighted calculation. 21 3. For the fiscal year beginning July 1, 2024, Medicaid 22 provider rates shall be adjusted to 85 percent of the benchmark 23 rates based on the department’s 2023 Medicaid rate review for 24 all of the following Medicaid providers: 25 a. Medical supply providers. 26 b. Physician assistants. 27 c. Physical therapists. 28 d. Occupational therapists. 29 e. Certified nurse midwives. 30 4. For the fiscal year beginning July 1, 2024, reimbursement 31 rates for home and community-based services providers shall be 32 increased compared to the rates in effect on June 30, 2024, to 33 the extent possible within the state funding, including the 34 $14,600,000 provided for this purpose. 35 -15- HF 2698.4378 (2) 90 pf/ko 15/ 59
5. For the fiscal year beginning July 1, 2024, reimbursement 1 rates for community mental health centers shall be increased 2 compared to the rates in effect on June 30, 2024, to the extent 3 possible within the state funding, including the $276,947 4 provided for this purpose. 5 6. For the fiscal year beginning July 1, 2024, enhanced 6 reimbursement shall be provided within the additional $369,000 7 appropriated for this purpose for a psychiatric medical 8 institution for children that meets the selection criteria 9 specified in 2024 Iowa Acts, House File 2402, or successor 10 legislation, if enacted. 11 7. For the fiscal year beginning July 1, 2024, the pharmacy 12 dispensing fee shall be adjusted within the additional $500,000 13 appropriated for this purpose. 14 8. For the fiscal year beginning July 1, 2024, the 15 reimbursement rates for mental health providers shall be 16 increased within the additional $2,104,186 appropriated for 17 this purpose. 18 9. For the fiscal year beginning July 1, 2024, 19 residential-based supported community living provider 20 rates shall be increased within the additional $1,352,750 21 appropriated for this purpose. 22 10. For the fiscal year beginning July 1, 2024, 23 reimbursement rates for home heath agencies shall continue to 24 be based on the Medicare low utilization payment adjustment 25 (LUPA) methodology with state geographic wage adjustments and 26 shall be adjusted to increase the rates to the extent possible 27 within the state funding appropriated. The department shall 28 continue to update the rates every two years to reflect the 29 most recent Medicare LUPA rates. 30 11. For the fiscal year beginning July 1, 2024, 31 reimbursement rates for air medical services provided by an 32 entity that has over 40 years of experience and is the largest 33 community-based provider of air medical services shall be 34 increased within the additional $250,000 appropriated for this 35 -16- HF 2698.4378 (2) 90 pf/ko 16/ 59
purpose. 1 DIVISION VII 2 FAMILY WELL-BEING AND PROTECTION —— FY 2024-2025 3 STATE CHILD CARE ASSISTANCE 4 Sec. 15. STATE CHILD CARE ASSISTANCE. There is appropriated 5 from the general fund of the state to the department of health 6 and human services for the fiscal year beginning July 1, 7 2024, and ending June 30, 2025, the following amount, or so 8 much thereof as is necessary, to be used for the purposes 9 designated: 10 For state child care assistance in accordance with section 11 237A.13: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,966,931 13 1. If the appropriations made for purposes of the state 14 child care assistance program for the fiscal year are 15 determined to be insufficient, it is the intent of the general 16 assembly to appropriate sufficient funding for the fiscal year 17 in order to avoid establishment of waiting list requirements. 18 2. A portion of the state match for the federal child care 19 and development block grant shall be provided as necessary to 20 meet federal matching funds requirements through the state 21 general fund appropriation made for child development grants 22 and other programs for at-risk children in section 279.51. 23 EARLY INTERVENTION AND SUPPORTS 24 Sec. 16. EARLY INTERVENTION AND SUPPORTS. There is 25 appropriated from the general fund of the state to the 26 department of health and human services for the fiscal year 27 beginning July 1, 2024, and ending June 30, 2025, the following 28 amount, or so much thereof as is necessary, to be used for the 29 purposes designated: 30 For promoting the optimum health status for children 31 and adolescents from birth through 21 years of age, and for 32 families: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,277,739 34 1. Of the funds appropriated in this section, not more 35 -17- HF 2698.4378 (2) 90 pf/ko 17/ 59
than $734,000 shall be used for the healthy opportunities for 1 parents to experience success (HOPES)-healthy families Iowa 2 (HFI) program established pursuant to section 135.106. 3 2. Of the funds appropriated in this section, $4,313,854 is 4 allocated for the FaDSS grant program. Of the funds allocated 5 for the FaDSS grant program in this subsection, not more than 5 6 percent of the funds shall be used for administration of the 7 grant program. 8 3. Of the funds appropriated in this section, $29,256,799 9 shall be used for the purposes of the early childhood Iowa fund 10 created in section 256I.11. 11 4. Of the funds appropriated in this section, $1,000,000 12 shall be used for the purposes of program administration and 13 provision of pregnancy support services through the more 14 options for maternal support program in accordance with section 15 217.41C. 16 CHILD PROTECTIVE SERVICES 17 Sec. 17. CHILD PROTECTIVE SERVICES. There is appropriated 18 from the general fund of the state to the department of health 19 and human services for the fiscal year beginning July 1, 20 2024, and ending June 30, 2025, the following amount, or so 21 much thereof as is necessary, to be used for the purposes 22 designated: 23 For child, family, and adoption services, and for salaries, 24 support, maintenance, and miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $166,101,034 26 1. Of the funds appropriated in this section, $1,717,000 27 is allocated specifically for expenditure for fiscal year 28 2024-2025 through the decategorization services funding pools 29 and governance boards established pursuant to section 232.188. 30 2. A portion of the funds appropriated in this section 31 may be used to provide other resources based on client need 32 required to support family preservation, emergency client need, 33 or family reunification efforts. 34 3. Of the funds appropriated in this section, a sufficient 35 -18- HF 2698.4378 (2) 90 pf/ko 18/ 59
amount is allocated for foster family care, group foster care 1 maintenance and services, shelter care, child welfare emergency 2 services, and supervised apartment living contracts. 3 4. Federal funds received by the state during the fiscal 4 year beginning July 1, 2024, as the result of the expenditure 5 of state funds appropriated during a previous state fiscal 6 year for a service or activity funded under this section, are 7 appropriated to the department to be used as additional funding 8 for services and purposes provided for under this section. 9 Notwithstanding section 8.33, moneys received in accordance 10 with this subsection that remain unencumbered or unobligated at 11 the close of the fiscal year shall not revert to any fund but 12 shall remain available for the purposes designated until the 13 close of the succeeding fiscal year. 14 5. a. Of the funds appropriated in this section, $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 b. Notwithstanding chapter 232 or any other provision of 20 law to the contrary, a district or juvenile court shall not 21 order any service which is a charge upon the state pursuant 22 to section 232.141 if the court-ordered services distribution 23 amount is insufficient to pay for the service. 24 6. Of the funds appropriated in this section, $1,658,000 25 shall be used for the child protection center grant program for 26 child protection centers located in Iowa in accordance with 27 section 135.118. The grant amounts under the program shall be 28 equalized so that each center receives a uniform base amount of 29 $245,000, and so that the remaining funds are awarded through 30 a funding formula based upon the volume of children served. 31 To increase access to child protection center services for 32 children in rural areas, the funding formula for the awarding 33 of the remaining funds shall provide for the awarding of an 34 enhanced amount to eligible grantees to develop and maintain 35 -19- HF 2698.4378 (2) 90 pf/ko 19/ 59
satellite centers in underserved regions of the state. 1 7. Of the funds appropriated in this section, $4,359,500 is 2 allocated for the preparation for adult living program pursuant 3 to section 234.46. 4 8. Of the funds appropriated in this section, up to $227,000 5 shall be used for the public purpose of continuing a grant to a 6 nonprofit human services organization, providing services to 7 individuals and families in multiple locations in southwest 8 Iowa and Nebraska for support of a project providing immediate, 9 sensitive support and forensic interviews, medical exams, needs 10 assessments, and referrals for victims of child abuse and their 11 nonoffending family members. 12 9. Of the funds appropriated in this section, a portion may 13 be used for family-centered services for purposes of complying 14 with the federal Family First Prevention Services Act of 2018, 15 Pub. L. No. 115-123, and successor legislation. 16 10. a. Of the funds appropriated in this section, a 17 sufficient amount is allocated for adoption subsidy payments 18 and related costs. 19 b. Any funds allocated in this subsection remaining after 20 the allocation under paragraph “a” are designated and allocated 21 as state savings resulting from implementation of the federal 22 Fostering Connections to Success and Increasing Adoptions Act 23 of 2008, Pub. L. No. 110-351, and successor legislation, as 24 determined in accordance with 42 U.S.C. §673(a)(8), and shall 25 be used for post-adoption services and for other purposes 26 allowed under these federal laws, Tit. IV-B or Tit. IV-E of the 27 federal Social Security Act. 28 c. Of the funds appropriated in this section, $148,232 29 shall be used to increase the adoption subsidy paid to a person 30 pursuant to section 600.17 who adopts a child after July 1, 31 2024, by five percent over the rates in effect on June 30, 32 2024. 33 11. Of the funds appropriated in this section, a sufficient 34 amount is allocated to support training needs for child welfare 35 -20- HF 2698.4378 (2) 90 pf/ko 20/ 59
providers and to address disproportionality within the child 1 welfare system. 2 12. Of the funds appropriated in this section, $308,765 3 shall be used to increase the foster care reimbursement rates 4 paid pursuant to section 234.38, by five percent over the rates 5 in effect on June 30, 2024. 6 13. Of the funds appropriated in this section, $1,000,000 is 7 allocated for enhanced training for child protective services 8 workers and for additional social worker supervisors to 9 appropriately manage caseloads. 10 14. If a separate funding source is identified that reduces 11 the need for state funds within an allocation under this 12 section, the allocated state funds may be redistributed to 13 other allocations under this section for the same fiscal year. 14 DIVISION VIII 15 STATE SPECIALTY CARE —— FY 2024-2025 16 Sec. 18. STATE SPECIALTY CARE. There is appropriated from 17 the general fund of the state to the department of health and 18 human services for the fiscal year beginning July 1, 2024, and 19 ending June 30, 2025, the following amount, or so much thereof 20 as is necessary, to be used for the purposes designated: 21 For salaries, support, maintenance, and miscellaneous 22 purposes at institutions under the jurisdiction of the 23 department of health and human services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100,006,128 25 1. The department shall utilize the funds appropriated in 26 this section as necessary to maximize bed capacity and to most 27 effectively meet the needs of the individuals served. 28 2. Of the amount appropriated in this section, the following 29 amounts are allocated to each institution as follows: 30 a. For the state mental health institute at Cherokee: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,439,086 32 b. For the state mental health institute at Independence: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,916,279 34 c. For the civil commitment unit for sexual offenders at 35 -21- HF 2698.4378 (2) 90 pf/ko 21/ 59
Cherokee: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,755,397 2 d. For the state resource center at Woodward: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,018,717 4 e. For the state resource center at Glenwood: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,255,132 6 f. For the state training school at Eldora: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,621,517 8 DIVISION IX 9 ADMINISTRATION AND COMPLIANCE —— FY 2024-2025 10 Sec. 19. ACCOUNTABILITY, COMPLIANCE, AND PROGRAM 11 INTEGRITY. There is appropriated from the general fund of the 12 state to the department of health and human services for the 13 fiscal year beginning July 1, 2024, and ending June 30, 2025, 14 the following amount, or so much thereof as is necessary, to be 15 used for the purposes designated: 16 For accountability, compliance, and program integrity, 17 including salaries, support, maintenance, and miscellaneous 18 purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,356,598 20 1. Of the funds appropriated in this section, $200,000 shall 21 be transferred to and deposited in the Iowa ABLE savings plan 22 trust administrative fund created in section 12I.4, to be used 23 for implementation and administration activities of the Iowa 24 ABLE savings plan trust. 25 2. Of the funds appropriated in this section, $2,602,312 26 shall be used for foster care review and the court appointed 27 special advocate program, including for salaries, support, 28 maintenance, and miscellaneous purposes. 29 3. Of the funds appropriated in this section, $1,148,959 30 shall be used for the office of long-term care ombudsman 31 for salaries, support, administration, maintenance, and 32 miscellaneous purposes. 33 4. For the fiscal year beginning July 1, 2024, and ending 34 June 30, 2025, the department of health and human services 35 -22- HF 2698.4378 (2) 90 pf/ko 22/ 59
may utilize the funds appropriated from the general fund of 1 the state to the department under this Act for up to 4,156.00 2 full-time equivalent positions. The department shall report to 3 the general assembly by December 15, 2024, the distribution of 4 the approved number of full-time equivalent positions across 5 the organizational divisions of the department. 6 DIVISION X 7 AUTISM SUPPORT FUND 8 Sec. 20. AUTISM SUPPORT FUND —— APPROPRIATION. 9 Notwithstanding any provision to the contrary under section 10 225D.2, there is appropriated from the autism support fund 11 created in section 225D.2 to the department of health and human 12 services for the fiscal year beginning July 1, 2024, and ending 13 June 30, 2025, the following amount, or so much thereof as is 14 necessary, for the purposes designated: 15 For allocation to a nonprofit agency that provides expert 16 care for children with medical complexity as infrastructure 17 funding to expand its facilities to provide behavioral analysis 18 treatment for eligible individuals: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 20 DIVISION XI 21 DEPARTMENT OF HEALTH AND HUMAN SERVICES TRANSFERS, CASHFLOW, 22 AND NONREVERSIONS 23 Sec. 21. DEPARTMENT OF HEALTH AND HUMAN SERVICES TRANSFERS 24 AND CASHFLOW. 25 1. The department of health and human services may transfer 26 funds appropriated in this Act to support continuing alignment 27 efforts, to maximize federal support in accordance with the 28 department’s federal costs allocation plan, and for resources 29 necessary to implement and administer the services for which 30 funds are provided. The department shall report any transfers 31 made pursuant to this subsection to the general assembly. 32 2. If the savings to the appropriations made for the 33 Medicaid program from ongoing cost management efforts exceed 34 the associated costs for the fiscal year, the department may 35 -23- HF 2698.4378 (2) 90 pf/ko 23/ 59
transfer any savings generated for the fiscal year due to cost 1 management efforts to the appropriations made in this Act for 2 health program operations or for accountability, compliance, 3 and program integrity to defray the costs associated with 4 implementation of the cost management efforts. 5 3. The department may transfer funds appropriated for 6 child protective services to pay the nonfederal share costs of 7 services reimbursed under the medical assistance program, state 8 child care assistance program, or the family investment program 9 which are provided to children who would otherwise receive 10 services paid under the appropriation for child protective 11 services. 12 4. The department may transfer funds from the temporary 13 assistance for needy families block grant to the federal social 14 services block grant appropriation, and to the child care and 15 development block grant appropriation, in accordance with 16 federal law. 17 5. To the extent the department determines that moneys 18 appropriated under this Act or allocated for a specific purpose 19 under the Act will remain unencumbered or unobligated at the 20 close of the fiscal year, such unencumbered or unobligated 21 moneys may be used in the same fiscal year for any other 22 purpose for which the moneys appropriated may be used, or for 23 any other allocation within the same appropriation. 24 6. To the extent the department determines that moneys 25 appropriated under this Act will remain unencumbered or 26 unobligated at the close of the fiscal year or that services 27 will not be impacted, the department may utilize up to 28 $3,000,000 of such unencumbered or unobligated moneys 29 appropriated to develop and support the thrive Iowa program, 30 a closed-loop referral system utilizing a navigator model, 31 that acts as the connection point to link Iowans on an 32 individualized path to prosperity and self-sufficiency to 33 available resources in all sectors of the community. 34 Sec. 22. DEPARTMENT OF HEALTH AND HUMAN SERVICES 35 -24- HF 2698.4378 (2) 90 pf/ko 24/ 59
NONREVERSIONS. 1 1. Notwithstanding section 8.33, moneys appropriated from 2 the general fund of the state and the temporary assistance for 3 needy families block grant to the department of health and 4 human services for the fiscal year beginning July 1, 2024, 5 and ending June 30, 2025, for the purposes of the FaDSS grant 6 program that remain unencumbered or unobligated at the close of 7 the fiscal year shall not revert, but shall remain available 8 for expenditure for the purposes designated until the close of 9 the succeeding fiscal year. 10 2. Notwithstanding section 8.33, of the moneys appropriated 11 from the general fund of the state, the quality assurance trust 12 fund, and the hospital health care access trust fund to the 13 department of health and human services for the fiscal year 14 beginning July 1, 2024, and ending June 30, 2025, for the 15 purposes of the medical assistance program, the amount that is 16 in excess of actual expenditures for the medical assistance 17 program that remains unencumbered or unobligated at the close 18 of the fiscal year shall not revert, but shall remain available 19 for expenditure for the medical assistance program until the 20 close of the succeeding fiscal year. 21 3. Notwithstanding section 8.33, and notwithstanding the 22 nonreversion amount limitation specified in section 222.92, 23 moneys appropriated from the general fund of the state to the 24 department of health and human services for the fiscal year 25 beginning July 1, 2024, and ending June 30, 2025, for the 26 purposes of state specialty care that remain unencumbered or 27 unobligated at the close of the fiscal year shall not revert, 28 but shall remain available for expenditure for the purposes 29 designated for subsequent fiscal years. 30 4. Notwithstanding section 8.33, moneys appropriated from 31 the general fund of the state to the department of health and 32 human services for the fiscal year beginning July 1, 2024, 33 and ending June 30, 2025, for the commission on volunteer 34 service for purposes of the Iowa state commission grant program 35 -25- HF 2698.4378 (2) 90 pf/ko 25/ 59
that remain unencumbered or unobligated at the close of the 1 fiscal year shall not revert, but shall remain available for 2 expenditure for the purposes designated for subsequent fiscal 3 years. 4 5. Notwithstanding section 8.33, moneys appropriated from 5 the general fund of the state to the department of health and 6 human services for the fiscal year beginning July 1, 2024, 7 and ending June 30, 2025, and allocated for rural psychiatric 8 residencies to annually fund eight psychiatric residents who 9 will provide mental health services to underserved areas of the 10 state that remain unencumbered or unobligated at the close of 11 the fiscal year shall not revert, but shall remain available 12 for expenditure for the purposes designated until the close of 13 the succeeding fiscal year. 14 6. Notwithstanding section 8.33, moneys appropriated from 15 the general fund of the state to the department of health and 16 human services for the fiscal year beginning July 1, 2024, 17 and ending June 30, 2025, and allocated for adoption subsidy 18 payments and related costs or for post-adoption services 19 and related allowable purposes that remain unencumbered or 20 unobligated at the close of the fiscal year shall not revert, 21 but shall remain available for expenditure for the purposes 22 designated until the close of the succeeding fiscal year. 23 DIVISION XII 24 HEALTH AND HUMAN SERVICES —— PRIOR APPROPRIATIONS AND OTHER 25 PROVISIONS —— FY 2022-2023 26 RURAL PSYCHIATRIC RESIDENCIES 27 Sec. 23. 2022 Iowa Acts, chapter 1131, section 3, subsection 28 4, paragraph j, is amended to read as follows: 29 j. Of the funds appropriated in this subsection, $800,000 30 shall be used for rural psychiatric residencies to support the 31 annual creation and training of six eight psychiatric residents 32 who will provide mental health services in underserved areas of 33 the state. Notwithstanding section 8.33 , moneys that remain 34 unencumbered or unobligated at the close of the fiscal year 35 -26- HF 2698.4378 (2) 90 pf/ko 26/ 59
shall not revert but shall remain available for expenditure for 1 the purposes designated for subsequent fiscal years. 2 FAMILY INVESTMENT PROGRAM 3 Sec. 24. 2022 Iowa Acts, chapter 1131, section 9, subsection 4 7, as enacted by 2023 Iowa Acts, chapter 112, section 41, is 5 amended to read as follows: 6 7. Notwithstanding section 8.33 , moneys appropriated in 7 this section that remain unencumbered or unobligated at the 8 close of the fiscal year shall not revert but shall remain 9 available for the purposes designated , or may be transferred to 10 other appropriations in this division of this Act or used as 11 necessary to enhance agency accountability, program integrity, 12 compliance, and efficiency, until the close of the succeeding 13 fiscal year. 14 Sec. 25. EFFECTIVE DATE. This division of this Act, being 15 deemed of immediate importance, takes effect upon enactment. 16 Sec. 26. RETROACTIVE APPLICABILITY. This division of this 17 Act applies retroactively to July 1, 2022. 18 DIVISION XIII 19 HEALTH AND HUMAN SERVICES —— PRIOR APPROPRIATIONS AND OTHER 20 PROVISIONS —— FY 2023-2024 21 OFFICE OF PUBLIC GUARDIAN 22 Sec. 27. 2023 Iowa Acts, chapter 112, section 3, is amended 23 by adding the following new subsection: 24 NEW SUBSECTION . 7. Notwithstanding section 8.33, 25 moneys appropriated in this section for the state office of 26 public guardian established under chapter 231E that remain 27 unencumbered or unobligated at the close of the fiscal year 28 shall not revert but shall remain available for the purposes 29 designated until the close of the succeeding fiscal year. 30 AUDIOLOGICAL SERVICES 31 Sec. 28. 2023 Iowa Acts, chapter 112, section 5, subsection 32 2, paragraph e, is amended to read as follows: 33 e. Of the funds appropriated in this subsection, $156,000 34 shall be used to provide audiological services and hearing aids 35 -27- HF 2698.4378 (2) 90 pf/ko 27/ 59
for children. Notwithstanding section 8.33, moneys allocated 1 in this paragraph that remain unencumbered or unobligated at 2 the close of the fiscal year shall not revert but shall remain 3 available for the purposes designated until the close of the 4 succeeding fiscal year. 5 RURAL PSYCHIATRIC RESIDENCIES 6 Sec. 29. 2023 Iowa Acts, chapter 112, section 5, subsection 7 4, paragraph j, is amended to read as follows: 8 j. Of the funds appropriated in this subsection, $800,000 9 shall be used for rural psychiatric residencies to annually 10 fund six eight psychiatric residents who will provide 11 mental health services in underserved areas of the state. 12 Notwithstanding section 8.33 , moneys that remain unencumbered 13 or unobligated at the close of the fiscal year shall not revert 14 but shall remain available for expenditure for the purposes 15 designated for subsequent fiscal years. 16 CHILD AND FAMILY SERVICES —— CHILD PROTECTIVE SERVICES 17 Sec. 30. 2023 Iowa Acts, chapter 112, section 7, subsection 18 7, is amended to read as follows: 19 7. For child and family protective services: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 21 35,380,654 22 Of the funds appropriated in this subsection, up to 23 $3,000,000 shall be used for the kinship caregiver stipend 24 program. 25 FAMILY INVESTMENT PROGRAM 26 Sec. 31. 2023 Iowa Acts, chapter 112, section 9, is amended 27 by adding the following new subsection: 28 NEW SUBSECTION . 7. Notwithstanding section 8.33, moneys 29 appropriated in this section that remain unencumbered or 30 unobligated at the close of the fiscal year shall not revert 31 but shall remain available for the purposes designated, or may 32 be transferred to other appropriations in this division of this 33 Act or used as necessary to enhance agency accountability, 34 program integrity, compliance, and efficiency, until the close 35 -28- HF 2698.4378 (2) 90 pf/ko 28/ 59
of the succeeding fiscal year. 1 CHILD CARE ASSISTANCE 2 Sec. 32. 2023 Iowa Acts, chapter 112, section 17, subsection 3 8, is amended to read as follows: 4 8. Notwithstanding section 8.33 , moneys advanced for 5 purposes of the programs developed by early childhood Iowa 6 areas, advanced for purposes of wraparound child care, or 7 received from the federal appropriations made for the purposes 8 of appropriated in this section that remain unencumbered or 9 unobligated at the close of the fiscal year shall not revert 10 to any fund but shall remain available for expenditure for the 11 purposes designated until the close of the succeeding fiscal 12 year. 13 CHILD AND FAMILY SERVICES 14 Sec. 33. 2023 Iowa Acts, chapter 112, section 19, is amended 15 by adding the following new subsection: 16 NEW SUBSECTION . 23. Notwithstanding section 8.33, moneys 17 appropriated in this section that remain unencumbered or 18 unobligated at the close of the fiscal year shall not revert 19 but shall remain available for the purposes designated until 20 the close of the succeeding fiscal year. 21 ADOPTION SUBSIDY —— QUALIFIED RESIDENTIAL TREATMENT PROVIDERS 22 —— PMIC PROVIDER 23 Sec. 34. 2023 Iowa Acts, chapter 112, section 20, subsection 24 4, is amended to read as follows: 25 4. Notwithstanding section 8.33 , moneys appropriated in 26 this section that remain unencumbered or unobligated at the 27 close of the fiscal year shall not revert but shall remain 28 available for the purposes designated ; and may be used for 29 child protective services qualified residential treatment 30 provider rates and security enhancements; and up to $3,000,000 31 may be used by the department, notwithstanding any provision 32 of law to the contrary regarding competitive bidding, to enter 33 into a sole source contract with a nonprofit provider founded 34 in 1912, with centers in 11 states that provide a comprehensive 35 -29- HF 2698.4378 (2) 90 pf/ko 29/ 59
behavioral health network of clinical, therapeutic, education, 1 and employment programs and services, for renovation or 2 purchase of a facility for use as a psychiatric medical 3 institution for children, until the close of the succeeding 4 fiscal year. 5 FIELD OPERATIONS 6 Sec. 35. 2023 Iowa Acts, chapter 112, section 26, is amended 7 by adding the following new subsection: 8 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 9 appropriated in this section that remain unencumbered or 10 unobligated at the close of the fiscal year shall not revert 11 but shall remain available for the purposes designated until 12 the close of the succeeding fiscal year. 13 GENERAL ADMINISTRATION —— MORE OPTIONS FOR MATERNAL SUPPORT 14 PROGRAM 15 Sec. 36. 2023 Iowa Acts, chapter 112, section 27, subsection 16 8, is amended to read as follows: 17 8. Of the funds appropriated under this section, $1,000,000 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 in accordance with section 21 217.41C . Notwithstanding section 8.33, moneys allocated in 22 this subsection 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 LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM ADMINISTRATIVE 27 ALLOCATION —— FEDERAL BLOCK GRANT 28 Sec. 37. 2023 Iowa Acts, chapter 161, section 10, subsection 29 3, is amended to read as follows: 30 3. After subtracting the allocation in subsection 2, up to 31 10 no less than 8.4 percent of the remaining moneys for each 32 federal fiscal year are allocated for administrative expenses 33 of low-income home energy assistance program contractors and 34 up to 1.6 percent of the remaining moneys for each fiscal year 35 -30- HF 2698.4378 (2) 90 pf/ko 30/ 59
are allocated for the administrative expenses of the department 1 of health and human services under the low-income home energy 2 assistance program of which $377,000 is allocated each federal 3 fiscal year for administrative expenses of the department of 4 health and human services . The costs of auditing the use and 5 administration of the portion of the appropriation in this 6 section that is retained by the state shall be paid from the 7 amount allocated in this subsection each federal fiscal year to 8 the department of health and human services. The auditor of 9 state shall bill the department of health and human services 10 for the audit costs. 11 Sec. 38. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. 13 Sec. 39. RETROACTIVE APPLICABILITY. This division of this 14 Act applies retroactively to July 1, 2023. 15 DIVISION XIV 16 REPORT ON NONREVERSION OF FUNDS 17 Sec. 40. REPORT ON NONREVERSION OF FUNDS. The department 18 of health and human services shall report the expenditure of 19 any moneys for which nonreversion authorization was provided 20 for the fiscal year beginning July 1, 2023, and ending June 30, 21 2024, to the general assembly on a quarterly basis beginning 22 October 1, 2024. 23 DIVISION XV 24 EMERGENCY RULES AND REPORTS 25 Sec. 41. EMERGENCY RULES. 26 1. If necessary to comply with federal requirements 27 including time frames, or if specifically authorized by a 28 provision of this Act, the department of health and human 29 services or the mental health and disability services 30 commission shall adopt administrative rules under section 31 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph 32 “b”, to implement the applicable provisions of this Act. The 33 rules shall be effective immediately upon filing unless a 34 later date is specified in the rules. Any rules adopted in 35 -31- HF 2698.4378 (2) 90 pf/ko 31/ 59
accordance with this section shall also be published as a 1 notice of intended action as provided in section 17A.4. 2 2. If during a fiscal year, the department of health and 3 human services is adopting rules in accordance with this 4 section or as otherwise directed or authorized by state 5 law, and the rules will result in an expenditure increase 6 beyond the amount anticipated in the budget process or if the 7 expenditure was not addressed in the budget process for the 8 fiscal year, the department shall notify the general assembly 9 and the department of management concerning the rules and the 10 expenditure increase. The notification shall be provided at 11 least thirty calendar days prior to the date notice of the 12 rules is submitted to the administrative rules coordinator and 13 the administrative code editor. 14 Sec. 42. REPORTS. Unless otherwise provided, any reports or 15 other information required to be compiled and submitted under 16 this Act during the fiscal year beginning July 1, 2024, shall 17 be submitted on or before the date specified for submission of 18 the reports or information. 19 DIVISION XVI 20 CODIFIED PROVISIONS 21 PERSONAL NEEDS ALLOWANCE FOR FACILITIES UNDER MEDICAID 22 Sec. 43. Section 249A.30A, Code 2024, is amended to read as 23 follows: 24 249A.30A Medical assistance —— personal needs allowance. 25 1. The personal needs allowance under the medical 26 assistance program, which may be retained by a person who is a 27 resident of a nursing facility, an intermediate care facility 28 for persons with an intellectual disability, or an intermediate 29 care facility for persons with mental illness, as defined in 30 section 135C.1 , or a person who is a resident of a psychiatric 31 medical institution for children as defined in section 135H.1 , 32 shall be fifty dollars per month. 33 2. A resident who has income of less than fifty dollars 34 per month shall receive a supplement from the state in the 35 -32- HF 2698.4378 (2) 90 pf/ko 32/ 59
amount necessary to receive a personal needs allowance of fifty 1 dollars per month , if funding is specifically appropriated for 2 this purpose . The general assembly shall annually appropriate 3 a sufficient amount from the general fund of the state to the 4 department of health and human services for this purpose. 5 REPLACEMENT GENERATION TAX REVENUES 6 Sec. 44. Section 437A.8, subsection 4, paragraph d, Code 7 2024, is amended to read as follows: 8 d. Notwithstanding paragraph “a” , a taxpayer who owns 9 or leases a new electric power generating plant and who has 10 no other operating property in the state of Iowa except for 11 operating property directly serving the new electric power 12 generating plant as described in section 437A.16 shall pay 13 the replacement generation tax associated with the allocation 14 of the local amount to the county treasurer of the county in 15 which the local amount is located and shall remit the remaining 16 replacement generation tax, if any, to the director according 17 to paragraph “a” for remittance of the tax to county treasurers. 18 The director shall notify each taxpayer on or before August 31 19 following a tax year of its remaining replacement generation 20 tax to be remitted to the director. All remaining replacement 21 generation tax revenues received by the director shall be 22 deposited in the property tax relief fund created in section 23 426B.1 , and shall be distributed as provided in section 426B.2 24 appropriated annually to the department of health and human 25 services to supplement any appropriation made for medical 26 assistance . 27 If a taxpayer has paid an amount of replacement tax, 28 penalty, or interest which was deposited into the property 29 tax relief fund appropriated to the department of health and 30 human services under this paragraph and which was not due, all 31 of the provisions of section 437A.14, subsection 1 , paragraph 32 “b” , shall apply with regard to any claim for refund or credit 33 filed by the taxpayer. The director shall have sole discretion 34 as to whether the erroneous payment will be refunded to the 35 -33- HF 2698.4378 (2) 90 pf/ko 33/ 59
taxpayer or credited against any replacement tax due, or to 1 become due, from the taxpayer that would be subject to deposit 2 in the property tax relief fund appropriated to the department 3 of health and human services under this paragraph . 4 Sec. 45. Section 437A.15, subsection 3, paragraph f, Code 5 2024, is amended to read as follows: 6 f. Notwithstanding the provisions of this section , if 7 a taxpayer is a municipal utility or a municipal owner of 8 an electric power facility financed under the provisions 9 of chapter 28F or 476A , the assessed value, other than the 10 local amount, of a new electric power generating plant shall 11 be allocated to each taxing district in which the municipal 12 utility or municipal owner is serving customers and has 13 electric meters in operation in the ratio that the number of 14 operating electric meters of the municipal utility or municipal 15 owner located in the taxing district bears to the total number 16 of operating electric meters of the municipal utility or 17 municipal owner in the state as of January 1 of the tax year. 18 If the municipal utility or municipal owner of an electric 19 power facility financed under the provisions of chapter 28F 20 or 476A has a new electric power generating plant but the 21 municipal utility or municipal owner has no operating electric 22 meters in this state, the municipal utility or municipal owner 23 shall pay the replacement generation tax associated with the 24 new electric power generating plant allocation of the local 25 amount to the county treasurer of the county in which the local 26 amount is located and shall remit the remaining replacement 27 generation tax, if any, to the director at the times contained 28 in section 437A.8, subsection 4 , for remittance of the tax to 29 the county treasurers. All remaining replacement generation 30 tax revenues received by the director shall be deposited in 31 the property tax relief fund created in section 426B.1 , and 32 shall be distributed as provided in section 426B.2 appropriated 33 annually to the department of health and human services to 34 supplement any appropriation made for medical assistance . 35 -34- HF 2698.4378 (2) 90 pf/ko 34/ 59
PERSONAL NEEDS ALLOWANCE FOR STATE SUPPLEMENTARY ASSISTANCE 1 Sec. 46. NEW SECTION . 249.9A Personal needs allowance. 2 1. The department shall increase the personal needs 3 allowance for residents of residential care facilities by the 4 same percentage and at the same time as federal supplemental 5 security income and federal social security benefits are 6 increased due to a recognized increase in the cost of living. 7 2. If during a fiscal year, the department projects that 8 state supplementary assistance expenditures for a calendar year 9 will not meet the federal pass-through requirement specified 10 in Tit. XVI of the federal Social Security Act, section 1618, 11 as codified in 42 U.S.C. §1382g, the department may take 12 actions including but not limited to increasing the personal 13 needs allowance for residential care facility residents 14 and making programmatic adjustments or upward adjustments 15 of the residential care facility or in-home health-related 16 care reimbursement rates to ensure compliance with federal 17 requirements. In addition, the department may make other 18 programmatic and rate adjustments necessary to remain within 19 the funds appropriated for a fiscal year while ensuring 20 compliance with federal requirements. 21 3. The department may adopt emergency rules under section 22 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph 23 “b” , to implement the provisions of this section and the rules 24 shall be effective immediately upon filing unless a later date 25 is specified in the rules. Any rules adopted in accordance 26 with this section shall also be published as a notice of 27 intended action as provided in section 17A.4. 28 MEDICAID FRAUD FUND AND HEALTH CARE TRUST FUND 29 Sec. 47. Section 249A.50, subsection 3, Code 2024, is 30 amended to read as follows: 31 3. a. A Medicaid fraud fund is created in the state 32 treasury under the authority of the department of inspections, 33 appeals, and licensing. Moneys from penalties, investigative 34 costs recouped by the Medicaid fraud control unit, and other 35 -35- HF 2698.4378 (2) 90 pf/ko 35/ 59
amounts received as a result of prosecutions involving 1 the department of inspections, appeals, and licensing 2 investigations and audits to ensure compliance with the medical 3 assistance program that are not credited to the program shall 4 be credited to the fund. 5 b. Notwithstanding section 8.33 , moneys credited to the 6 fund from any other account or fund shall not revert to the 7 other account or fund. Moneys in the fund shall only be used as 8 provided in appropriations from the fund and shall be used in 9 accordance with applicable laws, regulations, and the policies 10 of the office of inspector general of the United States 11 department of health and human services. 12 c. Any funds remaining in the Medicaid fraud fund at the 13 close of a fiscal year are appropriated to the department of 14 health and human services to supplement any medical assistance 15 program appropriation for the same fiscal year to be used 16 for medical assistance reimbursement and associated costs, 17 including program administration and costs associated with 18 program implementation. 19 c. d. For the purposes of this subsection , “investigative 20 costs” means the reasonable value of a Medicaid fraud control 21 unit investigator’s, auditor’s or employee’s time, any moneys 22 expended by the Medicaid fraud control unit, and the reasonable 23 fair market value of resources used or expended by the Medicaid 24 fraud control unit in a case resulting in a criminal conviction 25 of a provider under this chapter or chapter 714 or 715A . 26 Sec. 48. Section 453A.35A, Code 2024, is amended to read as 27 follows: 28 453A.35A Health care trust fund —— appropriation to Medicaid 29 program . 30 1. A health care trust fund is created in the office of 31 the treasurer of state. The fund consists of the revenues 32 generated from the tax on cigarettes pursuant to section 33 453A.6, subsection 1 , and from the tax on tobacco products 34 as specified in section 453A.43, subsections 1, 2, 3, and 4 , 35 -36- HF 2698.4378 (2) 90 pf/ko 36/ 59
that are credited to the health care trust fund, annually, 1 pursuant to section 453A.35 . Moneys in the fund shall be 2 separate from the general fund of the state and shall not be 3 considered part of the general fund of the state. However, the 4 fund shall be considered a special account for the purposes 5 of section 8.53 relating to generally accepted accounting 6 principles. Moneys in the fund shall be used only as specified 7 in this section and shall be appropriated only for the uses 8 specified. Moneys in the fund are not subject to section 8.33 9 and shall not be transferred, used, obligated, appropriated, 10 or otherwise encumbered, except as provided in this section . 11 Notwithstanding section 12C.7, subsection 2 , interest or 12 earnings on moneys deposited in the fund shall be credited to 13 the fund. 14 2. Moneys in the fund shall be used only for purposes 15 related to health care, substance use disorder treatment and 16 prevention, and tobacco use prevention, cessation, and control. 17 3. Any funds remaining in the health care trust fund at the 18 close of a fiscal year are appropriated to the department of 19 health and human services to supplement any medical assistance 20 program appropriation for the same fiscal year to be used 21 for medical assistance reimbursement and associated costs, 22 including program administration and costs associated with 23 program implementation. 24 MENTAL HEALTH INSTITUTES —— RETAINING OF REVENUE 25 Sec. 49. NEW SECTION . 218.97 Retaining of revenue by mental 26 health institutes. 27 Notwithstanding sections 218.78 and 249A.11, any revenue 28 received from the state mental health institute at Cherokee or 29 the state mental health institute at Independence pursuant to 30 42 C.F.R. §438.6(e) may be retained and expended by the mental 31 health institute. 32 RESIDENTS OF MENTAL HEALTH INSTITUTES —— RETAINING MEDICAID 33 ELIGIBILITY 34 Sec. 50. NEW SECTION . 249A.38A Residents of mental health 35 -37- HF 2698.4378 (2) 90 pf/ko 37/ 59
institutes —— retaining of Medicaid eligibility. 1 Notwithstanding any provision of law to the contrary, 2 a Medicaid recipient residing at the state mental health 3 institute at Cherokee or the state mental health institute 4 at Independence shall retain Medicaid eligibility during the 5 period of the Medicaid recipient’s stay for which federal 6 financial participation is available. 7 STATE RESOURCE CENTERS —— SCOPE OF SERVICES 8 Sec. 51. NEW SECTION . 218.97A State resource centers —— 9 scope of services approach —— time-limited assessment and respite 10 services. 11 1. The department may continue to bill for state resource 12 center services utilizing a scope of services approach used for 13 private providers of intermediate care facilities for persons 14 with an intellectual disability services, in a manner which 15 does not shift costs between the medical assistance program, 16 mental health and disability services regions, or other sources 17 of funding for the state resource centers. 18 2. The state resource centers may expand the time-limited 19 assessment and respite services during a fiscal year. 20 JUVENILE DETENTION HOME FUND —— APPROPRIATION 21 Sec. 52. Section 232.142, Code 2024, is amended to read as 22 follows: 23 232.142 Maintenance and cost of juvenile homes —— fund —— 24 appropriation of moneys in fund . 25 1. County boards of supervisors which singly or in 26 conjunction with one or more other counties provide and 27 maintain juvenile detention and juvenile shelter care homes are 28 subject to this section . 29 2. For the purpose of providing and maintaining a county 30 or multicounty home, the board of supervisors of any county 31 may issue general county purpose bonds in accordance with 32 sections 331.441 through 331.449 . Expenses for providing and 33 maintaining a multicounty home shall be paid by the counties 34 participating in a manner to be determined by the boards of 35 -38- HF 2698.4378 (2) 90 pf/ko 38/ 59
supervisors. 1 3. A county or multicounty juvenile detention home approved 2 pursuant to this section shall receive financial aid from the 3 state in a manner approved by the director. Aid paid by the 4 state shall be at least ten percent and not more than fifty 5 percent of the total cost of the establishment, improvements, 6 operation, and maintenance of the home. 7 4. The director shall adopt minimal rules and standards for 8 the establishment, maintenance, and operation of such homes as 9 shall be necessary to effect the purposes of this chapter . The 10 rules shall apply the requirements of section 237.8 , concerning 11 employment and evaluation of persons with direct responsibility 12 for a child or with access to a child when the child is 13 alone and persons residing in a child foster care facility, 14 to persons employed by, residing in, or volunteering for a 15 home approved under this section . The director shall, upon 16 request, give guidance and consultation in the establishment 17 and administration of the homes and programs for the homes. 18 5. The director shall approve annually all such homes 19 established and maintained under the provisions of this 20 chapter . A home shall not be approved unless it complies with 21 minimal rules and standards adopted by the director and has 22 been inspected by the department of inspections, appeals, and 23 licensing. The statewide number of beds in the homes approved 24 by the director shall not exceed two hundred seventy-two beds 25 beginning July 1, 2017. 26 6. a. A juvenile detention home fund is created in the 27 state treasury under the authority of the department. The 28 fund shall consist of moneys deposited in the fund pursuant to 29 section 602.8108 . The moneys in the fund shall be used for 30 the costs of the establishment, improvement, operation, and 31 maintenance of county or multicounty juvenile detention homes 32 in accordance with annual appropriations made by the general 33 assembly from the fund for these purposes this subsection . 34 b. (1) Moneys deposited in the juvenile detention home 35 -39- HF 2698.4378 (2) 90 pf/ko 39/ 59
fund during a fiscal year are appropriated to the department 1 for the same fiscal year for distribution of an amount equal to 2 a percentage of the costs of the establishment, improvement, 3 operation, and maintenance of county or multicounty juvenile 4 detention homes in the prior fiscal year. Such percentage 5 shall be determined by the department based on the amount 6 available for distribution from the fund. 7 (2) Moneys appropriated for distribution in accordance with 8 this subsection shall be allocated among eligible detention 9 homes, prorated on the basis of an eligible detention home’s 10 proportion of the costs of all eligible detention homes in the 11 prior fiscal year. 12 FAMILY INVESTMENT PROGRAM ACCOUNT ELIMINATION 13 Sec. 53. Section 239B.11, Code 2024, is amended to read as 14 follows: 15 239B.11 Family investment program account —— diversion 16 program subaccount —— diversion program. 17 1. An account is established in the state treasury to 18 be known as the family investment program account under 19 control of the department to which shall be credited all funds 20 appropriated by the state for the payment of assistance and 21 JOBS program expenditures. All other moneys received at any 22 time for these purposes, including child support revenues, 23 shall be deposited into the account as provided by law. All 24 assistance and JOBS program expenditures under this chapter 25 shall be paid from the account. 26 2. a. A diversion program subaccount is created within 27 the family investment program account. The subaccount may be 28 used to provide incentives to divert a family’s participation 29 in the family investment program if the family meets the 30 department’s income eligibility requirements for the diversion 31 program. Incentives may be provided in the form of payment or 32 services to help a family to obtain or retain employment. The 33 diversion program subaccount may also be used for payments to 34 participants as necessary to cover the expenses of removing 35 -40- HF 2698.4378 (2) 90 pf/ko 40/ 59
barriers to employment and to assist in stabilizing employment. 1 In addition, the diversion program subaccount may be used for 2 funding of services and payments for persons whose family 3 investment program eligibility has ended, in order to help the 4 persons to stabilize or improve their employment status. 5 b. The A diversion program is created under the family 6 investment program. The program shall provide incentives 7 to divert a family’s participation in or transition of 8 a family from the family investment program by helping a 9 participant obtain or retain employment, by removing barriers 10 to employment, by stabilizing a participant’s employment, or 11 by improving a participant’s employment status. The program 12 shall be implemented statewide in a manner that preserves local 13 flexibility in program design. The department shall assess and 14 screen individuals who would most likely benefit from diversion 15 program assistance. The department may shall adopt income 16 eligibility requirements and additional eligibility criteria 17 for the diversion program as necessary for compliance with 18 federal law and for screening those families who would be most 19 likely to become eligible for the family investment program if 20 diversion program incentives would were not be provided to the 21 families . 22 Sec. 54. Section 239B.14, subsection 2, Code 2024, is 23 amended to read as follows: 24 2. An individual who commits a fraudulent practice under 25 this section is personally liable for the amount of assistance 26 or other benefits fraudulently obtained. The amount of the 27 assistance or other benefits may be recovered from the offender 28 or the offender’s estate in an action brought or by claim 29 filed in the name of the state and the recovered funds shall 30 be deposited in the family investment program account credited 31 to the appropriation to the department for community access 32 and eligibility to be used for the purposes of the family 33 investment program . The action or claim filed in the name of 34 the state shall not be considered an election of remedies to 35 -41- HF 2698.4378 (2) 90 pf/ko 41/ 59
the exclusion of other remedies. 1 Sec. 55. Section 252B.27, subsection 1, Code 2024, is 2 amended to read as follows: 3 1. The director, within the limitations of the amount 4 appropriated for child support services, or moneys transferred 5 for this purpose from the family investment program account 6 created in section 239B.11 appropriation to the department for 7 community access and eligibility , may establish new positions 8 and add employees to child support services if the director 9 determines that both the current and additional employees 10 together can reasonably be expected to maintain or increase net 11 state revenue at or beyond the budgeted level for the fiscal 12 year. 13 Sec. 56. TRANSITION PROVISION. All unencumbered and 14 unobligated moneys remaining on June 30, 2024, in the family 15 investment program account created in section 239B.11, are 16 appropriated to the department of health and human services for 17 community access and eligibility. 18 CHILD SUPPORT COLLECTION SERVICES CENTER REFUND ACCOUNT 19 Sec. 57. Section 252B.13A, Code 2024, is amended by adding 20 the following new subsection: 21 NEW SUBSECTION . 3. Support payments received by the 22 collection services center shall be deposited in the collection 23 services center refund account. The account shall be separate 24 from the general fund of the state and shall not be considered 25 part of the general fund of the state. The moneys deposited 26 in the account are not subject to section 8.33 and shall not 27 be transferred, used, obligated, appropriated, or otherwise 28 encumbered except as provided for the purposes of this chapter. 29 Notwithstanding section 12C.7, subsection 2, interest or 30 earnings on moneys deposited in the account shall be credited 31 to the account. 32 QUALITY ASSURANCE ASSESSMENT —— PAYMENT PERIOD BASIS 33 Sec. 58. Section 249L.3, subsection 2, Code 2024, is amended 34 to read as follows: 35 -42- HF 2698.4378 (2) 90 pf/ko 42/ 59
2. The quality assurance assessment shall be paid by each 1 nursing facility to the department on a quarterly basis , or 2 other schedule as determined by the department due to a nursing 3 facility’s noncompliance or based on an indication of a nursing 4 facility’s financial instability, after the nursing facility’s 5 medical assistance payment rates are adjusted to include 6 funds appropriated from the quality assurance trust fund for 7 that purpose. The department shall prepare and distribute a 8 form upon which nursing facilities shall calculate and report 9 the quality assurance assessment. A nursing facility shall 10 submit the completed form with the assessment amount no later 11 than thirty days following the end of each calendar quarter 12 assessment period . 13 CENTERS OF EXCELLENCE GRANT PROGRAM 14 Sec. 59. NEW SECTION . 135.194 Centers of excellence grant 15 program. 16 1. The department shall administer a centers of excellence 17 grant program to encourage innovation and collaboration among 18 regional health care providers in rural areas, based upon the 19 results of a regional community needs assessment, in order 20 to transform health care delivery that provides quality, 21 sustainable care in meeting the needs of the local community. 22 2. There is appropriated from the general fund of the 23 state to the department, beginning July 1, 2024, and for each 24 subsequent fiscal year, the sum of four hundred twenty-five 25 thousand dollars to award two program grants. 26 3. An applicant for a grant shall specify how the grant will 27 be expended to accomplish the goals of the program and shall 28 provide a detailed five-year sustainability plan prior to being 29 awarded the grant. 30 4. Following receipt of a grant, a recipient shall submit 31 periodic reports as specified by the department to the governor 32 and the general assembly regarding the recipient’s expenditure 33 of the grant and progress in accomplishing the program’s goals. 34 ASSISTED LIVING PROGRAM —— REVISED PAYMENT MODEL STUDY 35 -43- HF 2698.4378 (2) 90 pf/ko 43/ 59
Sec. 60. ASSISTED LIVING PROGRAM —— REVISED PAYMENT 1 MODEL STUDY. The department of health and human services, 2 in consultation with Medicaid provider associations and 3 stakeholders, shall explore options for a revised payment model 4 for reimbursement of assisted living programs that provide 5 services to Medicaid recipients. The study shall include 6 consideration of all sources of funding utilized by residents 7 of assisted living programs. The department of health and 8 human services shall report all options identified to the 9 general assembly by December 1, 2024. 10 COUNTY COMMISSIONS OF VETERAN AFFAIRS —— APPROPRIATION 11 Sec. 61. Section 35A.16, subsection 1, paragraph b, Code 12 2024, is amended to read as follows: 13 b. There is appropriated from the general fund of the state 14 to the department, for the fiscal year beginning July 1, 2009, 15 and for each subsequent fiscal year, the sum of one million 16 nine hundred ninety thousand dollars to be credited to the 17 county commissions of veteran affairs fund. 18 FOSTER CARE —— RELATIVE OR FICTIVE KIN 19 Sec. 62. Section 234.39, subsection 2, Code 2024, is amended 20 to read as follows: 21 2. a. A person entitled to periodic support payments 22 pursuant to an order or judgment entered in any action for 23 support, who also is or has a child receiving foster care 24 services, is deemed to have assigned to the department 25 current and accruing support payments attributable to the 26 child effective as of the date the child enters foster care 27 placement, to the extent of expenditure of foster care funds. 28 The department shall notify the clerk of the district court 29 when a child entitled to support payments is receiving foster 30 care services pursuant to chapter 234 . Upon notification 31 by the department that a child entitled to periodic support 32 payments is receiving foster care services, the clerk of 33 the district court shall make a notation of the automatic 34 assignment in the judgment docket and lien index. The notation 35 -44- HF 2698.4378 (2) 90 pf/ko 44/ 59
constitutes constructive notice of assignment. The clerk of 1 court shall furnish the department with copies of all orders 2 and decrees awarding support when the child is receiving 3 foster care services. At the time the child ceases to receive 4 foster care services, the assignment of support shall be 5 automatically terminated. Unpaid support accrued under the 6 assignment of support rights during the time that the child was 7 in foster care remains due to the department up to the amount 8 of unreimbursed foster care funds expended. The department 9 shall notify the clerk of court of the automatic termination 10 of the assignment. Unless otherwise specified in the support 11 order, an equal and proportionate share of any child support 12 awarded shall be presumed to be payable on behalf of each child 13 subject to the order or judgment for purposes of an assignment 14 under this section . 15 b. This subsection shall not apply when a child is placed 16 with a relative or fictive kin as those terms are defined in 17 section 232.2, who is not licensed under chapter 237 to provide 18 child foster care. 19 DIVISION XVII 20 HEALTH CARE EMPLOYMENT AGENCIES AND HEALTH CARE TECHNOLOGY 21 PLATFORMS 22 Sec. 63. Section 135Q.1, Code 2024, is amended to read as 23 follows: 24 135Q.1 Definitions. 25 As used in this chapter , unless the context otherwise 26 requires: 27 1. “Affiliate” means an entity that directly or indirectly 28 is controlled with or by, or is under the common control with, 29 a health care entity. For the purposes of this subsection, 30 “control” means the same as defined in section 423.3, subsection 31 92, paragraph “e” . 32 1. 2. “Department” means the department of inspections, 33 appeals, and licensing. 34 2. 3. a. “Health care employment agency” or “agency” 35 -45- HF 2698.4378 (2) 90 pf/ko 45/ 59
means an agency that contracts with a health care entity 1 in this state to provide agency workers for temporary or 2 temporary-to-hire employee placements. 3 b. “Health care employment agency” does not include a health 4 care entity or an affiliate of a health care entity when acting 5 as a health care employment agency for the sole purpose of 6 providing agency workers to the health care entity itself or to 7 an affiliate of the health care entity. 8 c. “Health care employment agency” does not include a health 9 care technology platform. 10 3. 4. “Health care employment agency worker” or “agency 11 worker” means an individual who contracts with or is employed by 12 a health care employment agency to provide nursing services to 13 health care entity consumers. 14 4. 5. “Health care entity” means a facility, agency, or 15 program licensed or certified by the department or by the 16 centers for Medicare and Medicaid services of the United States 17 department of health and human services. 18 6. “Health care technology platform” or “platform” includes 19 an individual, a trust, a partnership, a corporation, a limited 20 liability partnership or company, or any other business entity 21 that develops and operates, offers, or maintains a system or 22 technology that provides an internet-based or application-based 23 marketplace through which an independent nursing services 24 professional bids on open shifts posted by a health care entity 25 to provide nursing services for the health care entity. 26 7. “Independent nursing services professional” means a person 27 engaged as an independent contractor through a health care 28 technology platform to provide nursing services for a health 29 care entity. An independent nursing services professional 30 shall be considered an independent contractor provided the 31 independent nursing services professional in the independent 32 nursing services professional’s sole discretion bids on open 33 shifts and chooses where, when, and how often to work. 34 8. “Individual agency worker category” includes registered 35 -46- HF 2698.4378 (2) 90 pf/ko 46/ 59
nurses, licensed practical nurses, certified nurse aides, 1 certified medication aides, home health aides, medication 2 managers, and noncertified or nonlicensed staff providing 3 personal care as defined in section 231C.2 who are health care 4 employment agency workers. 5 5. 9. “Managing entity” means a business entity, 6 owner, ownership group, chief executive officer, program 7 administrator, director, or other decision maker whose 8 responsibilities include directing the management or policies 9 of a health care employment agency or a health care technology 10 platform . “Managing entity” includes an individual who, 11 directly or indirectly, holds a beneficial interest in a 12 corporation, partnership, or other business entity that 13 constitutes a managing entity. 14 6. 10. “Nursing services” means those services which may be 15 provided only by or under the supervision of a nurse. “Nursing 16 services” includes services performed by a registered nurse, a 17 licensed practical nurse, a certified nurse aide, a certified 18 medication aide, a home health aide, a medication manager, or 19 by noncertified or nonlicensed staff providing personal care 20 as defined in section 231C.2 . “Nursing services” does not 21 include the practice of nursing by an advanced registered nurse 22 practitioner or an advanced practice registered nurse licensed 23 under chapter 152 or 152E . 24 11. “Nursing services professionals” includes registered 25 nurses, licensed practical nurses, certified nurse aides, 26 certified medication aides, home health aides, medication 27 managers, and noncertified or nonlicensed staff providing 28 personal care as defined in section 231C.2, who are not 29 health care employment agency workers but instead are employed 30 directly by or contract directly with a health care entity. 31 Sec. 64. Section 135Q.2, Code 2024, is amended to read as 32 follows: 33 135Q.2 Health care employment agency requirements —— 34 registration —— liability —— penalties . 35 -47- HF 2698.4378 (2) 90 pf/ko 47/ 59
1. a. A health care employment agency operating in the 1 state shall register annually with the department. Each 2 separate location of a health care employment agency shall 3 register annually with and pay an annual registration fee of 4 five hundred dollars to the department. The department shall 5 issue each location a separate certification of registration 6 upon approval of registration and payment of the fee. The 7 annual registration fees shall be retained by the department as 8 repayment receipts as defined in section 8.2 . 9 b. A health care employment agency that fails to register 10 with the department as required under this subsection shall be 11 prohibited from contracting with any health care entity in this 12 state. 13 2. A health care employment agency shall do all of the 14 following: 15 a. Ensure that agency workers comply with all applicable 16 requirements relating to the health requirements and 17 qualifications of personnel in health care entity settings. 18 b. Document that each agency worker meets the minimum 19 licensing, certification, training, and health requirements 20 and the continuing education standards for the agency worker’s 21 position in the health care entity setting. 22 c. Maintain records for each agency worker and report, 23 file, or otherwise provide any required documentation to 24 external parties or regulators which would otherwise be the 25 responsibility of the health care entity if the agency worker 26 was directly employed by the health care entity. 27 d. Maintain professional and general liability insurance 28 coverage with minimum per occurrence coverage of one million 29 dollars and aggregate coverage of three million dollars to 30 insure against loss, damage, or expense incident to a claim 31 arising out of the death or injury of any person as the result 32 of negligence or malpractice in the provision of services by 33 the agency or an agency worker. 34 3. a. A health care employment agency shall not do any of 35 -48- HF 2698.4378 (2) 90 pf/ko 48/ 59
the following: 1 (1) Restrict in any manner the employment opportunities 2 of an agency worker by including a noncompete clause in any 3 contract with an agency worker or health care entity. 4 (2) In any contract with an agency worker or health care 5 entity, require payment of liquidated damages, employment fees, 6 or other compensation if the agency worker is subsequently 7 hired as a permanent employee of the health care entity. 8 b. This subsection shall not apply to a contract between 9 a health care employment agency and an agency worker or a 10 health care entity if the contract meets all of the following 11 criteria: 12 (1) The contract is entered into for the purpose of placing 13 an agency worker the health care employment agency assisted in 14 obtaining authorization to work in the United States. 15 (2) The contract contains an initial duration term of 16 not less than twenty-four months and a total duration term, 17 including any renewals or extensions, of not more than 18 thirty-six months. 19 (3) The contract requires the agency worker to work for 20 a single health care entity for the entire duration of the 21 contract. 22 c. Any contract that violates this subsection shall be 23 unenforceable in court. 24 4. A health care employment agency shall submit a report to 25 the department on a quarterly basis for each health care entity 26 participating in Medicare or Medicaid with whom the agency 27 contracts that includes all of the following by provider type: 28 a. A detailed list of the average amount charged to the 29 health care entity for each individual agency worker category. 30 b. A detailed list of the average amount paid by the agency 31 to agency workers in each individual agency worker category. 32 5. a. A health care employment agency that violates 33 subsection 1 or subsection 2 is subject to denial or revocation 34 of registration for a period of one year and a monetary penalty 35 -49- HF 2698.4378 (2) 90 pf/ko 49/ 59
of five hundred dollars for a first offense and five thousand 1 dollars for each offense thereafter. 2 b. A health care employment agency that violates subsection 3 3 or that knowingly provides an agency worker who has an 4 illegally or fraudulently obtained or issued diploma, 5 registration, license, certification, or background check to 6 a health care entity is subject to immediate revocation of 7 registration. The department shall notify the agency thirty 8 days in advance of the date of such revocation. 9 c. (1) The managing entity of an agency for which 10 registration has been denied or revoked under this subsection 11 shall not be eligible to apply for or be granted registration 12 for another agency during the two-year period following the 13 date of the denial or revocation. 14 (2) The department shall not approve a new registration 15 or renew an existing registration for any agency for which 16 the managing entity is also the managing entity of an agency 17 for which registration has been denied or revoked during the 18 two-year period in which registration of the violating agency 19 is denied or revoked. 20 6. 5. The department shall establish a system for members 21 of the public to report complaints against an agency or 22 agency worker. The department shall investigate any complaint 23 received and shall report the department’s findings to the 24 complaining party and the agency involved. 25 Sec. 65. NEW SECTION . 135Q.3 Health care technology 26 platform requirements —— registration —— liability. 27 1. a. A health care technology platform operating in 28 the state shall register annually with the department and 29 pay an annual registration fee of five hundred dollars to 30 the department. The department shall issue each health 31 care technology platform a certificate of registration upon 32 approval of registration and payment of the fee. The annual 33 registration fees shall be retained by the department as 34 repayment receipts as defined in section 8.2. 35 -50- HF 2698.4378 (2) 90 pf/ko 50/ 59
b. A health care technology platform that fails to register 1 with the department as required under this subsection shall be 2 prohibited from contracting with any health care entity in this 3 state. 4 c. A health care technology platform that allows independent 5 nursing services professionals to utilize the platform to bid 6 on open shifts is an authorized agency for purposes of access 7 to the single contact repository. A health care technology 8 platform shall rerun background checks for an independent 9 nursing services professional following two consecutive years 10 of inactivity on the platform by the independent nursing 11 services professional. 12 2. A health care technology platform shall verify that 13 an independent nursing services professional utilizing the 14 platform does all of the following: 15 a. Supplies documentation demonstrating that the independent 16 nursing services professional meets all applicable state 17 requirements and qualifications of personnel in a health care 18 entity setting. 19 b. Meets all applicable minimum state licensing and 20 certification requirements. 21 c. Maintains professional liability insurance coverage with 22 the minimum per occurrence coverage of one million dollars and 23 aggregate coverage of three million dollars to insure against 24 loss, damage, or expense incident to a claim arising out of 25 the death or injury of any person as the result of negligence 26 or malpractice in the provision of services by the independent 27 nursing services professional. 28 3. a. A health care technology platform shall not do any 29 of the following: 30 (1) Restrict in any manner the employment opportunities of 31 an independent nursing services professional by including a 32 noncompete clause in any contract with an independent nursing 33 services professional or health care entity. 34 (2) In any contract with an independent nursing services 35 -51- HF 2698.4378 (2) 90 pf/ko 51/ 59
professional or health care entity, require payment of 1 liquidated damages, employment fees, or other compensation if 2 the independent nursing services professional is subsequently 3 hired as a permanent employee or is engaged directly as a 4 contractor of the health care entity. 5 b. Any contract that violates this subsection shall be 6 unenforceable in court. 7 4. The department shall establish a system for members 8 of the public to report complaints against a health care 9 technology platform or an independent nursing services 10 professional. The department shall investigate any complaint 11 received and shall report the department’s findings to the 12 complaining party and the health care technology platform 13 involved. 14 Sec. 66. NEW SECTION . 135Q.4 Penalties —— enforcement. 15 1. a. A health care employment agency that violates 16 section 135Q.2, subsection 1 or 4, is subject to an initial 17 monetary penalty of five thousand dollars and shall be provided 18 notification by the department and given a thirty-day grace 19 period in which to comply. 20 b. A health care employment agency that fails to comply 21 following the notification and within the thirty-day grace 22 period under paragraph “a” , shall be subject to a monetary 23 penalty of twenty-five thousand dollars. 24 c. If a health care employment agency fails to comply 25 with paragraph “b” , the health care employment agency shall 26 be subject to an additional monetary penalty of twenty-five 27 thousand dollars, revocation of registration, and denial of 28 subsequent registration for up to three years. 29 2. a. A health care employment agency that violates section 30 135Q.2, subsection 2, or that knowingly provides an agency 31 worker who has an illegally or fraudulently obtained or issued 32 diploma, registration, license, certification, or background 33 check to a health care entity is subject to a monetary penalty 34 of five thousand dollars for each violation. 35 -52- HF 2698.4378 (2) 90 pf/ko 52/ 59
b. If a health care employment agency commits a second or 1 subsequent violation of section 135Q.2, subsection 2, within 2 any three-year period, the health care employment agency shall 3 be subject to immediate revocation of registration. The 4 department shall notify the agency thirty days in advance of 5 the date of such revocation. 6 3. A health care employment agency that violates section 7 135Q.2, subsection 3, is subject to a monetary penalty of 8 twenty-five thousand dollars for the first violation. If 9 a health care employment agency violates section 135Q.2, 10 subsection 3, a second or subsequent time, the health care 11 employment agency shall be subject to immediate revocation of 12 registration, and shall not be eligible to apply for or be 13 granted registration for the three-year period immediately 14 following the date of revocation. 15 4. a. (1) A health care technology platform that violates 16 section 135Q.3, subsection 1, is subject to an initial 17 monetary penalty of five thousand dollars and shall be provided 18 notification by the department and given a thirty-day grace 19 period in which to comply. 20 (2) A health care technology platform that fails to comply 21 with the notification and within the thirty-day grace period 22 under subparagraph (1) shall be subject to a monetary penalty 23 of twenty-five thousand dollars. 24 (3) If a health care technology platform knowingly fails 25 to comply with subparagraph (2), the health care technology 26 platform shall be subject to an additional monetary penalty of 27 twenty-five thousand dollars, revocation of registration, and 28 denial of subsequent registration for up to three years. 29 b. (1) A health care technology platform that violates 30 section 135Q.3, subsection 2, or that knowingly allows 31 an independent nursing services professional who has an 32 illegally obtained or issued diploma, registration, license, 33 certification, or background check to utilize the platform to 34 bid on a shift for a health care entity is subject to a monetary 35 -53- HF 2698.4378 (2) 90 pf/ko 53/ 59
penalty of five thousand dollars for each violation. 1 (2) If a health care technology platform commits a second or 2 subsequent violation of section 135Q.3, subsection 2, within 3 any three-year period, the health care technology platform 4 shall be subject to immediate revocation of registration. The 5 department shall notify the health care technology platform 6 thirty days in advance of the date of such revocation. 7 c. (1) A health care technology platform that violates 8 section 135Q.3, subsection 3, is subject to a monetary penalty 9 of twenty-five thousand dollars for the first violation. 10 (2) If a health care technology platform violates section 11 135Q.3, subsection 3, a second or subsequent time, the health 12 care technology platform shall be subject to immediate 13 revocation of registration, and shall not be eligible to apply 14 for or be granted registration for the three-year period 15 immediately following the date of revocation. 16 5. a. The managing entity of an agency for which 17 registration has been denied or revoked under this section 18 shall not be eligible to apply for or be granted registration 19 for another agency during the three-year period following the 20 date of the denial or revocation. 21 b. The department shall not approve a new registration 22 or renew an existing registration for any agency for which 23 the managing entity is also the managing entity of an agency 24 for which registration has been denied or revoked during the 25 three-year period in which registration of the violating agency 26 is denied or revoked. 27 6. a. The managing entity of a health care technology 28 platform for which registration has been denied or revoked 29 under this section shall not be eligible to apply for or 30 be granted registration for another health care technology 31 platform during the two-year period following the date of the 32 denial or revocation. 33 b. The department shall not approve a new registration or 34 renew an existing registration for any health care technology 35 -54- HF 2698.4378 (2) 90 pf/ko 54/ 59
platform for which the managing entity is also the managing 1 entity of a health care technology platform for which 2 registration has been denied or revoked during the two-year 3 period in which registration of the violating health care 4 technology platform is denied or revoked. 5 7. Any monetary penalties collected under this section 6 shall be retained by the department as repayment receipts as 7 defined in section 8.2. 8 8. The attorney general shall enforce this chapter. 9 Sec. 67. NEW SECTION . 135Q.5 Department annual report. 10 The department shall submit an annual report to the general 11 assembly by January 15, for the immediately preceding fiscal 12 year, that includes a summary of the number of registrations 13 issued and the amount of registration fees collected, the 14 violations of this chapter, the amount of monetary penalties 15 collected, the number of health care employment agencies, 16 health care technology platforms, and managing entities 17 for whom a registration was revoked or denied, and any 18 recommendations for changes to the chapter. 19 Sec. 68. EFFECTIVE DATE. This division of this Act, being 20 deemed of immediate importance, takes effect upon enactment. 21 DIVISION XVIII 22 MEDICAL CANNABIDIOL REGISTRATION CARD —— TELEMEDICINE —— 23 PRACTITIONER REQUIREMENTS 24 Sec. 69. Section 124E.3, Code 2024, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 4. A health care practitioner that 27 establishes or maintains a relationship with a patient through 28 the use of telemedicine shall comply with the requirements of 29 653 IAC 13.11(7). 30 DIVISION XIX 31 NURSING FACILITY OVERSIGHT 32 Sec. 70. NEW SECTION . 135C.35C Nursing facilities —— joint 33 training sessions. 34 The department shall semiannually provide joint training 35 -55- HF 2698.4378 (2) 90 pf/ko 55/ 59
sessions for inspectors and nursing facilities to review at 1 least three of the ten most frequently issued federal citations 2 in the state during the immediately preceding calendar year. 3 The department shall develop a protocol to identify regional 4 citation patterns relating to complaints, standards, and 5 outcomes in the nursing facility inspection process. The 6 department shall include the state long-term care ombudsman, 7 or the state long-term care ombudsman’s designee, and 8 representatives of each nursing facility provider association 9 in the state in the planning process for the joint training 10 sessions. 11 Sec. 71. Section 135C.40, subsection 1, Code 2024, is 12 amended by adding the following new paragraph: 13 NEW PARAGRAPH . d. (1) The department shall establish and 14 maintain a process to review each citation issued for immediate 15 jeopardy or substandard quality of care prior to issuance of 16 final findings under section 135C.40A. Representatives of the 17 nursing facility issued such a citation may participate in 18 the review to provide context and evidence for the department 19 to consider in determining if a final finding of immediate 20 jeopardy or substandard quality of care should be issued. The 21 review shall ensure consistent and accurate application of 22 federal and state inspection protocols and defined regulatory 23 standards. 24 (2) For the purposes of this paragraph: 25 (a) “Immediate jeopardy” means a situation in which the 26 provider’s noncompliance with one or more requirements of 27 participation has caused, or is likely to cause, serious 28 injury, harm, impairment, or death to a resident. 29 (b) “Likely” means probable and reasonably to be expected, 30 and suggests a greater degree of probability than a mere risk, 31 potential, or possibility that a particular event will cause 32 serious injury, harm, impairment, or death to a resident. 33 (c) “Substandard quality of care” means the same as defined 34 in 42 C.F.R. §488.301. 35 -56- HF 2698.4378 (2) 90 pf/ko 56/ 59
DIVISION XX 1 STATE-FUNDED PSYCHIATRY RESIDENCY AND FELLOWSHIP POSITIONS 2 Sec. 72. Section 135.180, Code 2024, is amended to read as 3 follows: 4 135.180 State-funded psychiatry residency and fellowship 5 program positions —— fund —— appropriations. 6 1. a. The university of Iowa hospitals and clinics shall 7 administer a state-funded psychiatry residency and fellowship 8 program positions for up to nine seven residents and up to two 9 fellows, annually. In addition, a county medical center, and 10 a medical center operating for more than one hundred forty 11 years, that are members of separate health systems, administer 12 psychiatry residency programs, and are located in a county with 13 a population over five hundred thousand shall each administer 14 state-funded psychiatry residency positions for one resident, 15 annually. The university of Iowa hospitals and clinics and the 16 specified medical centers shall expand the their psychiatry 17 residency program programs to provide additional residency 18 positions by providing financial support for residency 19 positions which are in excess of the federal residency cap 20 established by the federal Balanced Budget Act of 1997, Pub. 21 L. No. 105-33. 22 b. The university of Iowa hospitals and clinics and the 23 specified medical centers shall cooperate with the state 24 mental health institutes at Independence and Cherokee, the 25 state resource center at Woodward, the state training school 26 at Eldora, and the Iowa medical and classification center 27 at Oakdale in administering the program the positions . 28 Participating residents and fellows shall complete a portion 29 of their psychiatry training at one of the state mental health 30 institutes, the state resource center, the state training 31 school, or the Iowa medical and classification center at 32 Oakdale. For accreditation-required clinical experiences 33 not available at the state mental health institutes, the 34 state resource center, the state training school, or the Iowa 35 -57- HF 2698.4378 (2) 90 pf/ko 57/ 59
medical and classification center at Oakdale, the residents of 1 the psychiatry residency and fellowship program awarded the 2 residency positions administered by the university of Iowa 3 hospitals and clinics may utilize clinical rotations at the 4 university of Iowa hospitals and clinics and its affiliates 5 across the state and the residents awarded the residency 6 positions administered by the specified medical centers may 7 utilize clinical rotations at affiliates of such medical 8 centers across the state . 9 2. The university of Iowa hospitals and clinics shall apply 10 to the accreditation council for graduate medical education 11 for approval of nine seven additional residency positions 12 for each class of residents and the psychiatry residency and 13 fellowship program shall award the total number of residency 14 positions approved for each class of residents. The university 15 of Iowa hospitals and clinics shall approve and award up to 16 two fellowship positions annually. The specified medical 17 centers shall apply to the accreditation council for graduate 18 medical education for approval of one additional residency 19 position each for each class of residents and shall award the 20 total number of residency positions approved for each class 21 of residents. Preference in the awarding of residency and 22 fellowship positions shall be given to candidates who are 23 residents of Iowa, attended and earned an undergraduate degree 24 from an Iowa college or university, or attended and earned a 25 medical degree from a medical school in Iowa. 26 3. A psychiatry residency and fellowship program positions 27 fund is created in the state treasury consisting of the moneys 28 appropriated or credited to the fund by law. Notwithstanding 29 section 8.33 , moneys in the fund at the end of each fiscal 30 year shall not revert to any other fund but shall remain in 31 the psychiatry residency and fellowship program positions fund 32 for use in subsequent fiscal years. Moneys in the fund are 33 appropriated to the university of Iowa hospitals and clinics 34 to be used for the purposes of the program this section . For 35 -58- HF 2698.4378 (2) 90 pf/ko 58/ 59
the fiscal years beginning on or after July 1, 2023, there 1 is appropriated from the general fund of the state to the 2 psychiatry residency and fellowship program positions fund one 3 hundred thousand dollars for each residency position approved 4 and awarded under the program and one hundred fifty thousand 5 dollars for each fellowship position approved and awarded under 6 the program this section . Of the amount appropriated annually 7 from the fund to the university of Iowa hospitals and clinics, 8 the university of Iowa hospitals and clinics shall distribute 9 one hundred thousand dollars to each of the specified medical 10 centers for each residency position approved and awarded. > 11 2. Title page, by striking line 3 and inserting < provisions 12 and appropriations including but not limited to the personal 13 needs allowance for certain persons under Medicaid and the 14 state supplementary assistance programs, replacement generation 15 tax revenues, the Medicaid fraud and health care trust 16 funds, the retention of certain revenues by the mental health 17 institutes, the retention of Medicaid eligibility by residents 18 of mental health institutes, the scope of services of the state 19 resource centers, the appropriation of moneys in the juvenile 20 detention home fund, the family investment program account 21 and diversion program, the child support collection services 22 center refund account, the quality assurance assessment payment 23 period, the centers of excellence grant program, an assisted 24 living program revised payment model study, funding for 25 county commissions of veteran affairs, foster care provisions 26 including those relating to a relative or fictive kin, health 27 care employment agencies and health care technology platforms, 28 medical cannabidiol practitioner requirements, nursing facility 29 oversight, and state-funded psychiatry residency and fellowship 30 positions, providing penalties, and including effective date > 31 ______________________________ FRY of Clarke -59- HF 2698.4378 (2) 90 pf/ko 59/ 59 #2.