House File 2734 - Enrolled

PAG LIN

1	1	HOUSE FILE 2734
1	2
1	3	AN ACT
1	4 RELATING TO AND MAKING APPROPRIATIONS TO THE DEPARTMENT OF
1	5	HUMAN SERVICES, THE DEPARTMENT OF ELDER AFFAIRS, THE IOWA
1	6	DEPARTMENT OF PUBLIC HEALTH, THE DEPARTMENT OF VETERANS
1	7	AFFAIRS AND THE IOWA VETERANS HOME, THE DEPARTMENT OF HUMAN
1	8	RIGHTS, AND THE DEPARTMENT OF INSPECTIONS AND APPEALS,
1	9	PROVIDING FOR FEE INCREASES, AND INCLUDING OTHER RELATED
1 10	PROVISIONS AND APPROPRIATIONS, AND INCLUDING EFFECTIVE,
1 11	APPLICABILITY, AND RETROACTIVE APPLICABILITY DATE PROVISIONS.
1 12
1 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 14
1 15	DIVISION I
1 16	GENERAL FUND AND BLOCK GRANT APPROPRIATIONS
1 17	ELDER AFFAIRS
1 18	Section 1.	DEPARTMENT OF ELDER AFFAIRS.	There is
1 19 appropriated from the general fund of the state to the
1 20 department of elder affairs for the fiscal year beginning July
1 21 1, 2006, and ending June 30, 2007, the following amount, or so
1 22 much thereof as is necessary, to be used for the purposes
1 23 designated:
1 24	For aging programs for the department of elder affairs and
1 25 area agencies on aging to provide citizens of Iowa who are 60
1 26 years of age and older with case management for the frail
1 27 elderly only if the monthly cost per client for case
1 28 management for the frail elderly services provided does not
1 29 exceed an average of $70, resident advocate committee
1 30 coordination, employment, and other services which may
1 31 include, but are not limited to, adult day services, respite
1 32 care, chore services, telephone reassurance, information and
1 33 assistance, and home repair services, and for the construction
1 34 of entrance ramps which make residences accessible to the
35 physically handicapped, and for salaries, support,
1 administration, maintenance, miscellaneous purposes, and for
2	2 not more than the following full=time equivalent positions
2	3 with the department of elder affairs:
2	4 .................................................. $	4,262,660
2	5 ............................................... FTEs	30.50
2	6	1.	Funds appropriated in this section may be used to
2	7 supplement federal funds under federal regulations.	To
2	8 receive funds appropriated in this section, a local area
2	9 agency on aging shall match the funds with moneys from other
2 10 sources according to rules adopted by the department.	Funds
2 11 appropriated in this section may be used for elderly services
2 12 not specifically enumerated in this section only if approved
2 13 by an area agency on aging for provision of the service within
2 14 the area.
2 15	2.	Of the funds appropriated in this section, $2,788,223
2 16 shall be used for case management for the frail elderly.	Of
2 17 the funds allocated in this subsection, $1,385,015 shall be
2 18 transferred to the department of human services in equal
2 19 amounts on a quarterly basis for reimbursement of case
2 20 management services provided under the medical assistance
2 21 elderly waiver.	The department of human services shall adopt
2 22 rules for case management services provided under the medical
2 23 assistance elderly waiver in consultation with the department
2 24 of elder affairs.	The monthly cost per client for case
2 25 management for the frail elderly services provided shall not
2 26 exceed an average of $70.	It is the intent of the general
2 27 assembly that the additional funding provided for case
2 28 management for the frail elderly for the fiscal year beginning
2 29 July 1, 2006, and ending June 30, 2007, shall be used to
2 30 provide case management services for up to an additional 1,650
2 31 individuals.	Notwithstanding any provision to the contrary,
2 32 any savings realized in case management for the frail elderly
2 33 that is not provided under the medical assistance elderly
2 34 waiver shall be used for services for the frail elderly which
35 may include substitute decision=making services pursuant to
1 chapter 231E.
3	2	3.	Of the funds appropriated in this section, the
3	3 department shall use $25,000 to provide training to the

3	4 members of boards of directors of area agencies on aging
3	5 pursuant to section 231.23, as amended by this Act.
3	6	4.	Of the funds appropriated in this section, $200,198
3	7 shall be transferred to the department of economic development
3	8 for the Iowa commission on volunteer services to be used for
3	9 the retired and senior volunteer program.
3 10	HEALTH
3 11	Sec. 2.	DEPARTMENT OF PUBLIC HEALTH.	There is
3 12 appropriated from the general fund of the state to the Iowa
3 13 department of public health for the fiscal year beginning July
3 14 1, 2006, and ending June 30, 2007, the following amounts, or
3 15 so much thereof as is necessary, to be used for the purposes
3 16 designated:
3 17	1.	ADDICTIVE DISORDERS
3 18	For reducing the prevalence of use of tobacco, alcohol, and
3 19 other drugs, and treating individuals affected by addictive
3 20 behaviors, including gambling, and for not more than the
3 21 following full=time equivalent positions:
3 22 .................................................. $	1,761,036
3 23 ............................................... FTEs	4.35
3 24	The department and any grantee or subgrantee of the
3 25 department shall not discriminate against a nongovernmental
3 26 organization that provides substance abuse treatment and
3 27 prevention services or applies for funding to provide those
3 28 services on the basis that the organization has a religious
3 29 character.
3 30	Of the moneys appropriated in this subsection, $30,310
3 31 shall be used to continue to provide funding to local
3 32 communities that have previously received funding from the
3 33 centers for disease control and prevention of the United
3 34 States department of health and human services for secondhand
35 smoke education initiatives.
1	2.	HEALTHY CHILDREN AND FAMILIES
4	2	For promoting the optimum health status for children,
4	3 adolescents from birth through 21 years of age, and families
4	4 and for not more than the following full=time equivalent
4	5 positions:
4	6 .................................................. $	2,361,264
4	7 ............................................... FTEs	8.60
4	8	Of the funds appropriated in this subsection, not more than
4	9 $645,917 shall be used for the healthy opportunities to
4 10 experience success (HOPES)=healthy families Iowa (HFI) program
4 11 established pursuant to section 135.106.	The department shall
4 12 transfer the funding allocated for the HOPES=HFI program to
4 13 the Iowa empowerment board for distribution and shall assist
4 14 the board in managing the contracting for the funding.	The
4 15 funding shall be distributed to renew the grants that were
4 16 provided to the grantees that operated the program during the
4 17 fiscal year ending June 30, 2006.
4 18	Of the funds appropriated in this subsection, $150,000
4 19 shall be used for the access to baby and child dentistry
4 20 (ABCD) program to improve child dental care by reaching all
4 21 Iowa counties with a demonstrated oral health program for
4 22 children from birth through five years of age.
4 23	Of the funds appropriated in this subsection, $325,000
4 24 shall be used to address the healthy mental development of
4 25 children from birth through five years of age through local
4 26 evidence=based strategies that engage both the public and
4 27 private sectors in promoting healthy development, prevention,
4 28 and treatment for children.
4 29	Of the funds appropriated in this subsection, $20,000 shall
4 30 be used to implement a pilot demonstration project, in
4 31 cooperation with the department of human services and the
4 32 department of elder affairs, that utilizes a web=based system
4 33 to allow a common intake, case management, and referral system
4 34 and provides linkages with existing software programs at
35 minimal cost to the agencies involved.
1	3.	CHRONIC CONDITIONS
5	2	For serving individuals identified as having chronic
5	3 conditions or special health care needs, and for not more than
5	4 the following full=time equivalent positions:
5	5 .................................................. $	1,742,840
5	6 ............................................... FTEs	3.75
5	7	Of the funds appropriated in this subsection, not more than
5	8 $280,000 shall be used to leverage federal funding through the
5	9 federal Ryan White Care Act, Title II, AIDS drug assistance
5 10 program supplemental drug treatment grants.
5 11	Of the funds appropriated in this subsection, $120,000
5 12 shall be used to implement and administer the prescription
5 13 drug donation repository program authorized pursuant to
5 14 chapter 135M.	The department shall issue a request for

5 15 proposals to select a contractor to implement and administer
5 16 the program.
5 17	4.	COMMUNITY CAPACITY
5 18	For strengthening the health care delivery system at the
5 19 local level, and for not more than the following full=time
5 20 equivalent positions:
5 21 .................................................. $	1,718,662
5 22 ............................................... FTEs	10.75
5 23	Of the funds appropriated in this subsection, $100,000 is
5 24 allocated for a child vision screening program implemented
5 25 through the university of Iowa hospitals and clinics in
5 26 collaboration with community empowerment areas.
5 27	Of the funds appropriated in this subsection, $159,700 is
5 28 allocated for an initiative implemented at the university of
5 29 Iowa and $140,300 is allocated for an initiative at the state
5 30 mental health institute at Cherokee to expand and improve the
5 31 workforce engaged in mental health treatment and services.
5 32 The initiatives shall receive input from the university of
5 33 Iowa, the department of human services, the Iowa department of
5 34 public health and the mental health, mental retardation,
35 developmental disabilities, and brain injury commission to
1 address the focus of the initiatives.	The department of human
6	2 services, the Iowa department of public health, and the
6	3 commission shall receive regular updates concerning the status
6	4 of the initiatives.
6	5	5.	ELDERLY WELLNESS
6	6	For optimizing the health of persons 60 years of age and
6	7 older:
6	8 .................................................. $	9,233,985
6	9	6.	ENVIRONMENTAL HAZARDS
6 10	For reducing the public's exposure to hazards in the
6 11 environment, primarily chemical hazards, and for not more than
6 12 the following full=time equivalent positions:
6 13 .................................................. $	623,821
6 14 ............................................... FTEs	1.75
6 15	Of the amount appropriated in this subsection, $100,000 is
6 16 allocated for childhood lead poisoning prevention activities
6 17 for counties not receiving federal funding for this purpose,
6 18 $80,000 is allocated to implement blood lead testing pursuant
6 19 to section 135.105D, as enacted in this Act, $50,000 is
6 20 allocated to continue the pilot project to address lead
6 21 poisoning prevention and remediation activities in a
6 22 three=county program in north central Iowa with a combined
6 23 population of at least 50,000, and $120,000 is allocated for
6 24 lead hazard remediation.	The department shall select at least
6 25 two local childhood lead poisoning programs to receive the
6 26 amount allocated for lead hazard remediation.	The selection
6 27 shall be based on the number of lead=poisoned children living
6 28 in the service area of the local childhood lead poisoning
6 29 prevention program, the capacity of the program to work with
6 30 housing agencies to administer the lead hazard remediation
6 31 program, and the lack of other resources available for lead
6 32 hazard remediation in the service area of the program.
6 33	7.	INFECTIOUS DISEASES
6 34	For reducing the incidence and prevalence of communicable
35 diseases, and for not more than the following full=time
1 equivalent positions:
7	2 .................................................. $	1,258,230
7	3 ............................................... FTEs	4.75
7	4	If House File 2493 or other legislation providing for a
7	5 viral hepatitis program and study is enacted into law, of the
7	6 funds appropriated in this subsection, $158,000 is allocated
7	7 for a viral hepatitis program and study.
7	8	8.	PUBLIC PROTECTION
7	9	For protecting the health and safety of the public through
7 10 establishing standards and enforcing regulations, and for not
7 11 more than the following full=time equivalent positions:
7 12 .................................................. $	7,941,473
7 13 ............................................... FTEs	113.80
7 14	Of the funds appropriated in this subsection, $643,500
7 15 shall be credited to the emergency medical services fund
7 16 created in section 135.25.
7 17	Of the funds appropriated in this subsection, $50,000 is
7 18 allocated for increased costs of the office of the state
7 19 medical examiner laboratory.
7 20	9.	RESOURCE MANAGEMENT
7 21	For establishing and sustaining the overall ability of the
7 22 department to deliver services to the public, and for not more
7 23 than the following full=time equivalent positions:
7 24 .................................................. $	1,016,420
7 25 ............................................... FTEs	3.00

7 26	10.	IOWA COLLABORATIVE SAFETY NET PROVIDER NETWORK
7 27	For continuation of the formal network of safety net
7 28 providers as provided in 2005 Iowa Acts, chapter 175, section
7 29 2, subsection 12.	Of the amount appropriated in this division
7 30 of this Act for the medical assistance program, $1,100,000 is
7 31 transferred to the appropriations made in this subsection.
7 32 The amount transferred is allocated as follows:
7 33	a.	To continue the contract for the program to develop an
34 Iowa collaborative safety net provider network:
7 35 .................................................. $	450,000
1	b.	For continuation of the incubation grant program to
8	2 community health centers that receive a total score of 85
8	3 based on the evaluation criteria of the health resources and
8	4 services administration of the United States department of
8	5 health and human services:
8	6 .................................................. $	650,000
8	7	The university of Iowa hospitals and clinics under the
8	8 control of the state board of regents shall not receive
8	9 indirect costs from the funds appropriated in this section.
8 10	Sec. 3.	DEPARTMENT OF PUBLIC HEALTH == ADDITIONAL
8 11 PROVISIONS.
8 12	For the fiscal year beginning July 1, 2006, and ending June
8 13 30, 2007:
8 14	1.	A local health care provider or nonprofit health care
8 15 organization seeking grant moneys administered by the Iowa
8 16 department of public health shall provide documentation that
8 17 the provider or organization has coordinated its services with
8 18 other local entities providing similar services.
8 19	2.	a.	The department shall apply for available federal
8 20 funds for sexual abstinence education programs.
8 21	b.	It is the intent of the general assembly to comply with
8 22 the United States Congress' intent to provide education that
8 23 promotes abstinence from sexual activity outside of marriage
8 24 and reduces pregnancies, by focusing efforts on those persons
8 25 most likely to father and bear children out of wedlock.
8 26	c.	Any sexual abstinence education program awarded moneys
8 27 under the grant program shall meet the definition of
8 28 abstinence education in the federal law.	Grantees shall be
8 29 evaluated based upon the extent to which the abstinence
8 30 program successfully communicates the goals set forth in the
8 31 federal law.
8 32	Sec. 4.	GAMBLING TREATMENT FUND == APPROPRIATION.	In lieu
8 33 of the appropriation made in section 135.150, subsection 1,
8 34 there is appropriated from funds available in the gambling
35 treatment fund created in section 135.150 to the Iowa
1 department of public health for the fiscal year beginning July
9	2 1, 2006, and ending June 30, 2007, the following amount, or so
9	3 much thereof as is necessary, to be used for the purposes
9	4 designated:
9	5	1.	ADDICTIVE DISORDERS
9	6	To be utilized for the benefit of persons with addictions: 9	7 .................................................. $	1,690,000
9	8	It is the intent of the general assembly that from the
9 moneys appropriated in this subsection, persons with a dual
9 10 diagnosis of substance abuse and gambling addictions shall be
9 11 given priority in treatment services.
9 12	2.	GAMBLING TREATMENT PROGRAM
9 13	The amount remaining in the gambling treatment fund after
9 14 the appropriation made in subsection 1 is appropriated to the
9 15 department to be used for funding of administrative costs and
9 16 to provide programs which may include, but are not limited to,
9 17 outpatient and follow=up treatment for persons affected by
9 18 problem gambling, rehabilitation and residential treatment
9 19 programs, information and referral services, education and
9 20 preventive services, and financial management services.	Of
9 21 the amount appropriated in this subsection, up to $100,000 may
9 22 be used for the licensing of gambling treatment programs as
9 23 provided in section 135.150.
9 24	DEPARTMENT OF VETERANS AFFAIRS
9 25	Sec. 5.	DEPARTMENT OF VETERANS AFFAIRS.	There is
9 26 appropriated from the general fund of the state to the
9 27 department of veterans affairs for the fiscal year beginning
9 28 July 1, 2006, and ending June 30, 2007, the following amounts,
9 29 or so much thereof as is necessary, to be used for the
9 30 purposes designated:
9 31	1.	DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION
9 32	For salaries, support, maintenance, miscellaneous purposes,
9 33 including the war orphans educational aid fund established
9 34 pursuant to chapter 35 and for not more than the following
9 35 full=time equivalent positions:
10	1 .................................................. $	522,114

10	2 ............................................... FTEs	6.50
3	Of the funds appropriated in this subsection, $50,000 is
10	4 allocated for outreach efforts utilizing retired and senior
10	5 volunteers in programs established pursuant to chapter 15H.
10	6 If possible, for the fiscal year beginning July 1, 2006, and
10	7 ending June 30, 2007, the department shall contract with
10	8 individuals currently coordinating volunteers with existing
10	9 programs.	The department shall be responsible for ensuring
10 10 individuals responsible for claims processing receive adequate
10 11 training.
10 12	The department of veterans affairs shall report to the
10 13 senate state government committee and to the veterans
10 14 committee of the house of representatives by October 15, 2006,
10 15 regarding employment of the additional field service officers
10 16 authorized under this subsection.
10 17	2.	IOWA VETERANS HOME
10 18	For salaries, support, maintenance, and miscellaneous
10 19 purposes and for not more than the following full=time
10 20 equivalent positions:
10 21 .................................................. $ 13,569,501
10 22 ............................................... FTEs	874.55
10 23	HUMAN SERVICES
10 24	Sec. 6.	TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
10 25 GRANT.	There is appropriated from the fund created in section
10 26 8.41 to the department of human services for the fiscal year
10 27 beginning July 1, 2006, and ending June 30, 2007, from moneys
10 28 received under the federal temporary assistance for needy
10 29 families (TANF) block grant pursuant to the federal Personal
10 30 Responsibility and Work Opportunity Reconciliation Act of
10 31 1996, Pub. L. No. 104=193, and successor legislation, which
10 32 are federally appropriated for the federal fiscal years
10 33 beginning October 1, 2005, and ending September 30, 2006, and
10 34 beginning October 1, 2006, and ending September 30, 2007, the
35 following amounts, or so much thereof as is necessary, to be
1 used for the purposes designated:
11	2	1.	To be credited to the family investment program account
11	3 and used for assistance under the family investment program
11	4 under chapter 239B:
11	5 .................................................. $ 40,858,316
11	6	2.	To be credited to the family investment program account
11	7 and used for the job opportunities and basic skills (JOBS)
11	8 program, and implementing family investment agreements, in
11	9 accordance with chapter 239B:
11 10 .................................................. $ 17,128,861
11 11	3.	To be used for the family development and
11 12 self=sufficiency grant program as provided under section
11 13 217.12 and this division of this Act:
11 14 .................................................. $	2,698,675
11 15	4.	For field operations:
11 16 .................................................. $ 17,707,495
11 17	5.	For general administration:
11 18 .................................................. $	3,744,000
11 19	6.	For local administrative costs:
11 20 .................................................. $	2,189,830
11 21	7.	For state child care assistance:
11 22 .................................................. $ 15,756,560
11 23	a.	Of the funds appropriated in this subsection, $200,000
11 24 shall be used for provision of educational opportunities to
11 25 registered child care home providers in order to improve
11 26 services and programs offered by this category of providers
11 27 and to increase the number of providers.	The department may
11 28 contract with institutions of higher education or child care
11 29 resource and referral centers to provide the educational
11 30 opportunities.	Allowable administrative costs under the
11 31 contracts shall not exceed 5 percent.	The application for a
11 32 grant shall not exceed two pages in length.
11 33	b.	The funds appropriated in this subsection shall be
11 34 transferred to the child care and development block grant
35 appropriation.
1	8.	For mental health and developmental disabilities
12	2 community services:
12	3 .................................................. $	4,894,052
12	4	9.	For child and family services:
12	5 .................................................. $ 32,084,430
12	6	10.	For child abuse prevention grants:
12	7 .................................................. $	250,000
12	8	11.	For pregnancy prevention grants on the condition that
12	9 family planning services are funded:
12 10 .................................................. $	1,987,530
12 11	Pregnancy prevention grants shall be awarded to programs in
12 12 existence on or before July 1, 2006, if the programs are

12 13 comprehensive in scope and have demonstrated positive
12 14 outcomes.	Grants shall be awarded to pregnancy prevention
12 15 programs which are developed after July 1, 2006, if the
12 16 programs are comprehensive in scope and are based on existing
12 17 models that have demonstrated positive outcomes.	Grants shall
12 18 comply with the requirements provided in 1997 Iowa Acts,
12 19 chapter 208, section 14, subsections 1 and 2, including the
12 20 requirement that grant programs must emphasize sexual
12 21 abstinence.	Priority in the awarding of grants shall be given
12 22 to programs that serve areas of the state which demonstrate
12 23 the highest percentage of unplanned pregnancies of females of
12 24 childbearing age within the geographic area to be served by
12 25 the grant.
12 26	12.	For technology needs and other resources necessary to
12 27 meet federal welfare reform reporting, tracking, and case
12 28 management requirements:
12 29 .................................................. $	1,037,186
12 30	13.	For the healthy opportunities for parents to
12 31 experience success (HOPES) program administered by the Iowa
12 32 department of public health to target child abuse prevention: 12 33 .................................................. $	200,000
12 34	14.	To be credited to the state child care assistance
35 appropriation made in this section to be used for funding of
1 community=based early childhood programs targeted to children
13	2 from birth through five years of age, developed by community
13	3 empowerment areas as provided in section 28.9:
13	4 .................................................. $	7,350,000
13	5	The department shall transfer TANF block grant funding
13	6 appropriated and allocated in this subsection to the child
13	7 care and development block grant appropriation in accordance
13	8 with federal law as necessary to comply with the provisions of
13	9 this subsection.
13 10	15.	For a pilot program to be established in one or more
13 11 judicial districts, selected by the department and the
13 12 judicial council, to provide employment and support services
13 13 to delinquent child support obligors as an alternative to
13 14 commitment to jail as punishment for contempt of court:
13 15 .................................................. $	200,000
13 16	Of the amounts appropriated in this section, $13,019,471
13 17 for the fiscal year beginning July 1, 2006, shall be
13 18 transferred to the appropriation of the federal social
13 19 services block grant for that fiscal year.	If the federal
13 20 government revises requirements to reduce the amount that may
13 21 be transferred to the federal social services block grant, it
13 22 is the intent of the general assembly to act expeditiously
13 23 during the 2007 legislative session to adjust appropriations
13 24 or the transfer amount or take other actions to address the
13 25 reduced amount.
13 26	The department may transfer funds allocated in this section
13 27 to the appropriations in this Act for general administration
13 28 and field operations for resources necessary to implement and
13 29 operate the services referred to in this section and those
13 30 funded in the appropriation made in this division of this Act
13 31 for the family investment program from the general fund.
13 32	Sec. 7.	FAMILY INVESTMENT PROGRAM ACCOUNT.
13 33	1.	Moneys credited to the family investment program (FIP)
13 34 account for the fiscal year beginning July 1, 2006, and ending
35 June 30, 2007, shall be used to provide assistance in
1 accordance with chapter 239B.
14	2	2.	The department may use a portion of the moneys credited
14	3 to the FIP account under this section as necessary for
14	4 salaries, support, maintenance, and miscellaneous purposes and
14	5 for not more than the following full=time equivalent positions
14	6 which are in addition to any other full=time equivalent
14	7 positions authorized in this division of this Act:
14	8 ............................................... FTEs	14.00
14	9	3.	The department may transfer funds allocated in this
14 10 section to the appropriations in this Act for general
14 11 administration and field operations for resources necessary to
14 12 implement and operate the services referred to in this section
14 13 and those funded in the appropriation made in this division of
14 14 this Act for the family investment program from the general
14 15 fund of the state.
14 16	4.	Moneys appropriated in this division of this Act and
14 17 credited to the FIP account for the fiscal year beginning July
14 18 1, 2006, and ending June 30, 2007, are allocated as follows:
14 19	a.	For the family development and self=sufficiency grant
14 20 program as provided under section 217.12:
14 21 .................................................. $	5,283,042
14 22	(1)	Of the funds allocated for the family development and
14 23 self=sufficiency grant program in this lettered paragraph, not

14 24 more than 5 percent of the funds shall be used for the
14 25 administration of the grant program.
14 26	(2)	The department may continue to implement the family
14 27 development and self=sufficiency grant program statewide 14 28 during FY 2006=2007.
14 29	b.	For the diversion subaccount of the FIP account:
14 30 .................................................. $	2,814,000
14 31	(1)	A portion of the moneys allocated for the subaccount
14 32 may be used for field operations salaries, data management
14 33 system development, and implementation costs and support
14 34 deemed necessary by the director of human services in order to
35 administer the FIP diversion program.
1	(2)	Of the funds allocated in this lettered paragraph, not
15	2 more than $250,000 shall be used to develop or continue
15	3 community=level parental obligation pilot projects.	The
15	4 requirements established under 2001 Iowa Acts, chapter 191,
15	5 section 3, subsection 5, paragraph "c", subparagraph (3),
15	6 shall remain applicable to the parental obligation pilot
15	7 projects for fiscal year 2006=2007.	Notwithstanding 441 IAC
15	8 100.8, providing for termination of rules relating to the
15	9 pilot projects the earlier of October 1, 2006, or when
15 10 legislative authority is discontinued, the rules relating to
15 11 the pilot projects shall remain in effect until June 30, 2007.
15 12	c.	For the food stamp employment and training program:
15 13 .................................................. $	64,278
15 14	d.	For the JOBS program:
15 15 .................................................. $ 23,968,620
15 16	Of the funds allocated in this lettered paragraph,
15 17 $2,000,000 shall be used to maintain the mileage reimbursement
15 18 rate for the JOBS program at the same rate used for the
15 19 Medicaid program during the fiscal year.
15 20	5.	Of the child support collections assigned under FIP, an
15 21 amount equal to the federal share of support collections shall
15 22 be credited to the child support recovery appropriation.	Of
15 23 the remainder of the assigned child support collections
15 24 received by the child support recovery unit, a portion shall
15 25 be credited to the FIP account and a portion may be used to
15 26 increase recoveries.	If child support collections assigned
15 27 under FIP are greater than estimated, the state share of that
15 28 greater portion may be transferred to the child support
15 29 payments account.
15 30	6.	The department may adopt emergency rules for the family
15 31 investment, JOBS, family development and self=sufficiency
15 32 grant, food stamp, and medical assistance programs if
15 33 necessary to comply with federal requirements.
15 34	Sec. 8.	FAMILY INVESTMENT PROGRAM GENERAL FUND.	There is
35 appropriated from the general fund of the state to the
1 department of human services for the fiscal year beginning
16	2 July 1, 2006, and ending June 30, 2007, the following amount,
16	3 or so much thereof as is necessary, to be used for the purpose
16	4 designated:
16	5	To be credited to the family investment program (FIP)
16	6 account and used for family investment program assistance
16	7 under chapter 239B:
16	8 .................................................. $ 42,599,885
16	9	1.	Of the funds appropriated in this section, $6,839,767
16 10 is allocated for the JOBS program.
16 11	2.	Of the funds appropriated in this section, $2,584,367
16 12 is allocated for the family development and self=sufficiency
16 13 grant program as provided under section 217.12 and this
16 14 division of this Act.
16 15	3.	Of the funds appropriated in this section, $200,000
16 16 shall be used to provide a grant to an Iowa=based nonprofit
16 17 organization with a history of providing tax preparation
16 18 assistance to low=income Iowans in order to expand the usage
16 19 of the earned income tax credit.	The purpose of the grant is
16 20 to supply this assistance to underserved areas of the state.
16 21 The grant shall be provided to an organization that has
16 22 existing national foundation support for supplying such
16 23 assistance that can also secure local charitable match
16 24 funding.
16 25	4.	Notwithstanding section 8.39, for the fiscal year
16 26 beginning July 1, 2006, if necessary to meet federal
16 27 maintenance of effort requirements or to transfer federal
16 28 temporary assistance for needy families block grant funding to
16 29 be used for purposes of the federal social services block
16 30 grant or to meet cash flow needs resulting from delays in
16 31 receiving federal funding or to implement, in accordance with
16 32 this division of this Act, activities currently funded with
16 33 juvenile court services, county, or community moneys and state
16 34 moneys used in combination with such moneys, the department of

35 human services may transfer funds within or between any of the
1 appropriations made in this division of this Act and
17	2 appropriations in law for the federal social services block
17	3 grant to the department for the following purposes, provided
17	4 that the combined amount of state and federal temporary
17	5 assistance for needy families block grant funding for each
17	6 appropriation remains the same before and after the transfer:
17	7	a.	For the family investment program.
17	8	b.	For child care assistance.
17	9	c.	For child and family services.
17 10	d.	For field operations.
17 11	e.	For general administration.
17 12	f.	MH/MR/DD/BI community services (local purchase).
17 13	This subsection shall not be construed to prohibit existing
17 14 state transfer authority for other purposes.	The department
17 15 shall report any transfers made pursuant to this subsection to
17 16 the legislative services agency.
17 17	Sec. 9.	CHILD SUPPORT RECOVERY.	There is appropriated
17 18 from the general fund of the state to the department of human
17 19 services for the fiscal year beginning July 1, 2006, and
17 20 ending June 30, 2007, the following amount, or so much thereof
17 21 as is necessary, to be used for the purposes designated:
17 22	For child support recovery, including salaries, support,
17 23 maintenance, and miscellaneous purposes and for not more than
17 24 the following full=time equivalent positions:
17 25 .................................................. $	8,214,690
17 26 ............................................... FTEs	450.00
17 27	1.	The department shall expend up to $31,000, including
17 28 federal financial participation, for the fiscal year beginning
17 29 July 1, 2006, for a child support public awareness campaign.
17 30 The department and the office of the attorney general shall
17 31 cooperate in continuation of the campaign.	The public
17 32 awareness campaign shall emphasize, through a variety of media
17 33 activities, the importance of maximum involvement of both
17 34 parents in the lives of their children as well as the
35 importance of payment of child support obligations.
1	2.	Federal access and visitation grant moneys shall be
18	2 issued directly to private not=for=profit agencies that
18	3 provide services designed to increase compliance with the
18	4 child access provisions of court orders, including but not
18	5 limited to neutral visitation site and mediation services.
18	6	Sec. 10.	MEDICAL ASSISTANCE.	There is appropriated from
18	7 the general fund of the state to the department of human
18	8 services for the fiscal year beginning July 1, 2006, and
18	9 ending June 30, 2007, the following amount, or so much thereof
18 10 as is necessary, to be used for the purpose designated:
18 11	For medical assistance reimbursement and associated costs
18 12 as specifically provided in the reimbursement methodologies in
18 13 effect on June 30, 2006, except as otherwise expressly
18 14 authorized by law, including reimbursement for abortion
18 15 services, which shall be available under the medical
18 16 assistance program only for those abortions which are
18 17 medically necessary:
18 18 .................................................. $652,311,610
18 19	1.	Medically necessary abortions are those performed under
18 20 any of the following conditions:
18 21	a.	The attending physician certifies that continuing the
18 22 pregnancy would endanger the life of the pregnant woman.
18 23	b.	The attending physician certifies that the fetus is
18 24 physically deformed, mentally deficient, or afflicted with a
18 25 congenital illness.
18 26	c.	The pregnancy is the result of a rape which is reported
18 27 within 45 days of the incident to a law enforcement agency or
18 28 public or private health agency which may include a family
18 29 physician.
18 30	d.	The pregnancy is the result of incest which is reported
18 31 within 150 days of the incident to a law enforcement agency or
18 32 public or private health agency which may include a family
18 33 physician.
18 34	e.	Any spontaneous abortion, commonly known as a
35 miscarriage, if not all of the products of conception are
1 expelled.
19	2	2.	The department shall utilize not more than $60,000 of
19	3 the funds appropriated in this section to continue the
19	4 AIDS/HIV health insurance premium payment program as
19	5 established in 1992 Iowa Acts, Second Extraordinary Session,
19	6 chapter 1001, section 409, subsection 6.	Of the funds
19	7 allocated in this subsection, not more than $5,000 may be
19	8 expended for administrative purposes.
19	9	3.	Of the funds appropriated to the Iowa department of
19 10 public health for addictive disorders, $950,000 for the fiscal

19 11 year beginning July 1, 2006, shall be transferred to the
19 12 department of human services for an integrated substance abuse
19 13 managed care system.
19 14	4.	Based upon a waiver from the federal centers for
19 15 Medicare and Medicaid services, the department shall provide a
19 16 period of 12 months of guaranteed eligibility for medical
19 17 assistance family planning services only, regardless of the
19 18 change in circumstances of a woman who was a medical
19 19 assistance recipient when a pregnancy ended.	The department
19 20 shall also provide this eligibility to women of childbearing
19 21 age with countable income at or below 200 percent of the
19 22 federal poverty level.	The department may adopt emergency
19 23 rules to implement this subsection.
19 24	5.	a.	The department shall aggressively pursue options
19 25 for providing medical assistance or other assistance to
19 26 individuals with special needs who become ineligible to
19 27 continue receiving services under the early and periodic
19 28 screening, diagnosis, and treatment program under the medical
19 29 assistance program due to becoming 21 years of age, who have
19 30 been approved for additional assistance through the
19 31 department's exception to policy provisions, but who have
19 32 health care needs in excess of the funding available through
19 33 the exception to policy process.
19 34	b.	Of the funds appropriated in this section, $100,000
35 shall be used for participation in one or more pilot projects
1 operated by a private provider to allow the individual or
20	2 individuals to receive service in the community in accordance
20	3 with principles established in Olmstead v. L.C., 527 U.S. 581
20	4 (1999), for the purpose of providing medical assistance or
20	5 other assistance to individuals with special needs who become
20	6 ineligible to continue receiving services under the early and
20	7 periodic screening, diagnosis, and treatment program under the
20	8 medical assistance program due to becoming 21 years of age,
20	9 who have been approved for additional assistance through the
20 10 department's exception to policy provisions, but who have
20 11 health care needs in excess of the funding available through
20 12 the exception to the policy provisions.
20 13	6.	Of the funds appropriated in this section, up to
20 14 $3,050,082 may be transferred to the field operations or
20 15 general administration appropriations in this Act for
20 16 implementation and operational costs associated with Part D of
20 17 the federal Medicare Prescription Drug, Improvement, and
20 18 Modernization Act of 2003, Pub. L. No. 108=173.
20 19	7.	The department shall initiate planning to address
20 20 options available under the federal Family Opportunity Act
20 21 enacted as part of the federal Deficit Reduction Act of 2005,
20 22 Pub. L. No. 109=171.	The options addressed shall include but
20 23 are not limited to the option to allow families of children
20 24 with disabilities to purchase Medicaid coverage, other health
20 25 coverage options, and the option to apply to the centers for
20 26 Medicare and Medicaid services of the United States department
20 27 of health and human services for Iowa to participate in a
20 28 demonstration project to develop home and community=based
20 29 services as an alternative to psychiatric residential
20 30 treatment for children with psychiatric disabilities who are
20 31 enrolled in the Medicaid program.	The department shall report
20 32 by December 15, 2006, to the persons designated by this Act to
20 33 receive reports regarding the planning activities and
20 34 recommendations regarding the options.
35	8.	The department shall apply to the centers for Medicare
1 and Medicaid services of the United States department of
21	2 health and human services to participate in the Medicaid
21	3 transformation grants program as specified in section 6081 of
21	4 the federal Deficit Reduction Act of 2005, Pub. L. No.
21	5 109=171, for adoption of innovative methods to improve the
21	6 effectiveness and efficiency in providing medical assistance.
21	7 The innovative methods may include but are not limited to the
21	8 use of electronic health records and personal health records
21	9 by health care professionals and consumers to address the
21 10 health needs specific to populations including but not limited
21 11 to persons with brain injury, persons with dual diagnoses of
21 12 mental illness and mental retardation or substance abuse and
21 13 mental illness, and children with chronic conditions; the use
21 14 of diagnostic techniques that promote the early diagnosis and
21 15 treatment of chronic disease in adults including physical and
21 16 mental health, hepatitis, behavioral health, and cancer; and
21 17 review of the physical and mental health status of the medical
21 18 assistance population to more effectively integrate and
21 19 determine public health strategies and interventions to reduce
21 20 the incidence of preventable diseases and chronic conditions
21 21 in the medical assistance population including but not limited

21 22 to those related to obesity and nutrition, smoking, and
21 23 diabetes.	The department shall submit a draft of the
21 24 application to the medical assistance projections and
21 25 assessment council for approval as expeditiously as possible,
21 26 prior to submission to the centers for Medicare and Medicaid
21 27 services of the United States department of health and human
21 28 services.	Any grant for which application is made under this
21 29 subsection shall not require state matching funds.	Any
21 30 federal funding received shall be used in coordination with
21 31 the purposes of the account for health care transformation
21 32 pursuant to section 252J.23 and shall be integrated with the
21 33 IowaCare program pursuant to chapter 252J.
21 34	9.	Of the amount appropriated in this section, $250,000
35 shall be used for a dollar=for=dollar matching grant to a
1 nonprofit organization of medical providers established to
22	2 provide direction in promoting a health care culture of
22	3 continuous improvement in quality, patient safety, and value
22	4 through collaborative efforts by hospitals and physicians.
22	5	10.	The department may amend the Medicaid state plan to
22	6 provide medical assistance reciprocity for children who
22	7 receive an adoption subsidy who are not eligible for funding
22	8 under Title IV=E of the federal Social Security Act.
22	9	11.	The department shall submit a medical assistance state
22 10 plan amendment to the centers for Medicare and Medicaid
22 11 services of the United States department of health and human
22 12 services that is in substantially the form of the draft
22 13 submitted by letter dated March 1, 2006, and published on the
22 14 department website.	The department shall adopt emergency
22 15 rules effective July 1, 2006, to implement the state plan
22 16 amendment.
22 17	12.	The department shall review the impact of the federal
22 18 Deficit Reduction Act of 2005, Pub. L. No. 109=171, on the
22 19 state's medical assistance program reimbursement policy for
22 20 multiple source prescription drug products and the Act's
22 21 impact on participating pharmacies.	The department shall
22 22 submit a report, including recommendations relating to
22 23 adjustments to the medical assistance program pharmacy
22 24 dispensing fee, to the governor and the general assembly no
22 25 later than January 1, 2007.
22 26	Sec. 11.	HEALTH INSURANCE PREMIUM PAYMENT PROGRAM.	There
22 27 is appropriated from the general fund of the state to the
22 28 department of human services for the fiscal year beginning
22 29 July 1, 2006, and ending June 30, 2007, the following amount,
22 30 or so much thereof as is necessary, to be used for the purpose
22 31 designated:
22 32	For administration of the health insurance premium payment
22 33 program, including salaries, support, maintenance, and
22 34 miscellaneous purposes, and for not more than the following
35 full=time equivalent positions:
23	1 .................................................. $	634,162
23	2 ............................................... FTEs	21.00
3	Sec. 12.	MEDICAL CONTRACTS.	There is appropriated from
23	4 the general fund of the state to the department of human
23	5 services for the fiscal year beginning July 1, 2006, and
23	6 ending June 30, 2007, the following amount, or so much thereof
23	7 as is necessary, to be used for the purpose designated:
23	8	For medical contracts, including salaries, support,
23	9 maintenance, and miscellaneous purposes:
23 10 .................................................. $ 14,417,985
23 11	Sec. 13.	STATE SUPPLEMENTARY ASSISTANCE.
23 12	1.	There is appropriated from the general fund of the
23 13 state to the department of human services for the fiscal year
23 14 beginning July 1, 2006, and ending June 30, 2007, the
23 15 following amount, or so much thereof as is necessary, to be
23 16 used for the purpose designated:
23 17	For the state supplementary assistance program:
23 18 .................................................. $ 18,710,335
23 19	2.	The department shall increase the personal needs
23 20 allowance for residents of residential care facilities by the
23 21 same percentage and at the same time as federal supplemental
23 22 security income and federal social security benefits are
23 23 increased due to a recognized increase in the cost of living.
23 24 The department may adopt emergency rules to implement this
23 25 subsection.
23 26	3.	If during the fiscal year beginning July 1, 2006, the
23 27 department projects that state supplementary assistance
23 28 expenditures for a calendar year will not meet the federal
23 29 pass=along requirement specified in Title XVI of the federal
23 30 Social Security Act, section 1618, as codified in 42 U.S.C. }
23 31 1382g, the department may take actions including but not
23 32 limited to increasing the personal needs allowance for

23 33 residential care facility residents and making programmatic
23 34 adjustments or upward adjustments of the residential care
35 facility or in=home health=related care reimbursement rates
1 prescribed in this division of this Act to ensure that federal
24	2 requirements are met.	In addition, the department may make
24	3 other programmatic and rate adjustments necessary to remain
24	4 within the amount appropriated in this section while ensuring
24	5 compliance with federal requirements.	The department may
24	6 adopt emergency rules to implement the provisions of this
24	7 subsection.
24	8	Sec. 14.	CHILDREN'S HEALTH INSURANCE PROGRAM.	There is
24	9 appropriated from the general fund of the state to the
24 10 department of human services for the fiscal year beginning
24 11 July 1, 2006, and ending June 30, 2007, the following amount,
24 12 or so much thereof as is necessary, to be used for the purpose
24 13 designated:
24 14	For maintenance of the healthy and well kids in Iowa (hawk=
24 15 i) program pursuant to chapter 514I for receipt of federal
24 16 financial participation under Title XXI of the federal Social
24 17 Security Act, which creates the state children's health
24 18 insurance program:
24 19 .................................................. $ 19,703,715
24 20	Sec. 15.	CHILD CARE ASSISTANCE.	There is appropriated
24 21 from the general fund of the state to the department of human
24 22 services for the fiscal year beginning July 1, 2006, and
24 23 ending June 30, 2007, the following amount, or so much thereof
24 24 as is necessary, to be used for the purpose designated:
24 25	For child care programs:
24 26 .................................................. $ 21,801,198
24 27	1.	Of the funds appropriated in this section, $18,850,674
24 28 shall be used for state child care assistance in accordance
24 29 with section 237A.13.
24 30	2.	Nothing in this section shall be construed or is
24 31 intended as, or shall imply, a grant of entitlement for
24 32 services to persons who are eligible for assistance due to an
24 33 income level consistent with the waiting list requirements of
24 34 section 237A.13.	Any state obligation to provide services
35 pursuant to this section is limited to the extent of the funds
1 appropriated in this section.
25	2	3.	Of the funds appropriated in this section, $525,524 is
25	3 allocated for the statewide program for child care resource
25	4 and referral services under section 237A.26.	A list of the
25	5 registered and licensed child care facilities operating in the
25	6 area served by a child care resource and referral service
25	7 shall be made available to the families receiving state child
25	8 care assistance in that area.
25	9	4.	Of the funds appropriated in this section, $1,225,000
25 10 is allocated for child care quality improvement initiatives
25 11 including but not limited to development and continuation of a
25 12 quality rating system.
25 13	5.	The department may use any of the funds appropriated in
25 14 this section as a match to obtain federal funds for use in
25 15 expanding child care assistance and related programs.	For the
25 16 purpose of expenditures of state and federal child care
25 17 funding, funds shall be considered obligated at the time
25 18 expenditures are projected or are allocated to the
25 19 department's service areas.	Projections shall be based on
25 20 current and projected caseload growth, current and projected
25 21 provider rates, staffing requirements for eligibility
25 22 determination and management of program requirements including
25 23 data systems management, staffing requirements for
25 24 administration of the program, contractual and grant
25 25 obligations and any transfers to other state agencies, and
25 26 obligations for decategorization or innovation projects.
25 27	6.	A portion of the state match for the federal child care
25 28 and development block grant shall be provided through the
25 29 state general fund appropriation for child development grants
25 30 and other programs for at=risk children in section 279.51.
25 31	7.	Of the funds appropriated in this section, $1,200,000
25 32 is transferred to the Iowa empowerment fund to be used for
25 33 professional development for the system of early care, health,
25 34 and education.
35	Sec. 16.	JUVENILE INSTITUTIONS.	There is appropriated
1 from the general fund of the state to the department of human
26	2 services for the fiscal year beginning July 1, 2006, and
26	3 ending June 30, 2007, the following amounts, or so much
26	4 thereof as is necessary, to be used for the purposes
26	5 designated:
26	6	1.	For operation of the Iowa juvenile home at Toledo and
26	7 for salaries, support, maintenance, and for not more than the
26	8 following full=time equivalent positions:

26	9 .................................................. $	6,667,400
26 10 ............................................... FTEs	118.50
26 11	a.	Of the funds appropriated in this subsection, at least
26 12 $25,000 is allocated for provision of books or other learning
26 13 materials and activities associated with the education of
26 14 children placed at the Iowa juvenile home.
26 15	b.	It is the intent of the general assembly that effective
26 16 July 1, 2009, placements at the Iowa juvenile home will be
26 17 limited to females and that placements of boys at the home
26 18 will be diverted to other options.	The department shall
26 19 utilize a study group to make recommendations on the options
26 20 for diversion of placements of boys and the study group shall
26 21 report on or before July 1, 2007, to the persons designated by
26 22 this division of this Act to receive reports.	Leadership for
26 23 the study group shall be provided by the department of human
26 24 services.	The study group membership shall also include but
26 25 is not limited to two departmental service area administrators
26 26 or their designees, a representative of the division of the
26 27 commission on the status of women of the department of human
26 28 rights, a member of the council on human services, a
26 29 departmental division administrator, two representatives of
26 30 juvenile court services, a representative of the division of
26 31 criminal and juvenile justice planning of the department of
26 32 human rights, and two representatives of child welfare service
26 33 provider agencies.	In addition, the study group membership
26 34 shall include four members of the general assembly so that the
35 majority and minority parties of both chambers are
1 represented.	Legislative members are eligible for
27	2 reimbursement of actual expenses paid under section 2.10.
27	3	2.	For operation of the state training school at Eldora
27	4 and for salaries, support, maintenance, and for not more than
27	5 the following full=time equivalent positions:
27	6 .................................................. $ 10,608,148
27	7 ............................................... FTEs	196.55
27	8	Of the funds appropriated in this subsection, at least
27	9 $25,000 is allocated for provision of books or other learning
27 10 materials and activities associated with the education of
27 11 children placed at the state training school.
27 12	3.	A portion of the moneys appropriated in this section
27 13 shall be used by the state training school and by the Iowa
27 14 juvenile home for grants for adolescent pregnancy prevention
27 15 activities at the institutions in the fiscal year beginning 27 16 July 1, 2006.
27 17	Sec. 17.	CHILD AND FAMILY SERVICES.
27 18	1.	There is appropriated from the general fund of the
27 19 state to the department of human services for the fiscal year
27 20 beginning July 1, 2006, and ending June 30, 2007, the
27 21 following amount, or so much thereof as is necessary, to be
27 22 used for the purpose designated:
27 23	For child and family services:
27 24 .................................................. $ 80,945,373
27 25	In order to address a reduction of $5,200,000 from the
27 26 amount allocated under this appropriation in prior years for
27 27 purposes of juvenile delinquent graduated sanction services,
27 28 up to $5,200,000 of the amount of federal temporary assistance
27 29 for needy families block grant funding appropriated in this
27 30 division of this Act for child and family services, shall be
27 31 made available for purposes of juvenile delinquent graduated
27 32 sanction services.
27 33	2.	The department may transfer funds appropriated in this
27 34 section as necessary to pay the nonfederal costs of services
35 reimbursed under the medical assistance program or the family
1 investment program which are provided to children who would
28	2 otherwise receive services paid under the appropriation in
28	3 this section.	The department may transfer funds appropriated
28	4 in this section to the appropriations in this division of this
28	5 Act for general administration and for field operations for
28	6 resources necessary to implement and operate the services
28	7 funded in this section.
28	8	3.	a.	Of the funds appropriated in this section, up to
28	9 $37,084,884 is allocated as the statewide expenditure target
28 10 under section 232.143 for group foster care maintenance and
28 11 services.
28 12	b.	If at any time after September 30, 2006, annualization
28 13 of a service area's current expenditures indicates a service
28 14 area is at risk of exceeding its group foster care expenditure
28 15 target under section 232.143 by more than 5 percent, the
28 16 department and juvenile court services shall examine all group
28 17 foster care placements in that service area in order to
28 18 identify those which might be appropriate for termination.	In
28 19 addition, any aftercare services believed to be needed for the

28 20 children whose placements may be terminated shall be
28 21 identified.	The department and juvenile court services shall
28 22 initiate action to set dispositional review hearings for the
28 23 placements identified.	In such a dispositional review
28 24 hearing, the juvenile court shall determine whether needed
28 25 aftercare services are available and whether termination of
28 26 the placement is in the best interest of the child and the
28 27 community.
28 28	c.	Of the funds allocated in this subsection, $1,510,661
28 29 is allocated as the state match funding for 50 highly
28 30 structured juvenile program beds.	If the number of beds
28 31 provided for in this lettered paragraph is not utilized, the
28 32 remaining funds allocated may be used for group foster care.
28 33	4.	In accordance with the provisions of section 232.188,
28 34 the department shall continue the child welfare and juvenile
35 justice funding initiative.	Of the funds appropriated in this
1 section, $2,500,000 is allocated specifically for expenditure
29	2 through the decategorization service funding pools and
29	3 governance boards established pursuant to section 232.188.	In
29	4 addition, up to $1,000,000 of the amount of federal temporary
29	5 assistance for needy families block grant funding appropriated
29	6 in this division of this Act for child and family services
29	7 shall be made available for purposes of the decategorization
29	8 initiative as provided in this subsection.
29	9	5.	A portion of the funds appropriated in this section may
29 10 be used for emergency family assistance to provide other
29 11 resources required for a family participating in a family
29 12 preservation or reunification project to stay together or to
29 13 be reunified.
29 14	Notwithstanding section 234.35 or any other provision of
29 15 law to the contrary, for the fiscal year beginning July 1,
29 16 2006, state funding for shelter care shall be limited to the
29 17 amount necessary to fund 273 beds that are guaranteed and
29 18 seven beds that are not guaranteed.	The department shall
29 19 submit an emergency services plan by December 15, 2006, to the
29 20 persons designated by this division of this Act to receive
29 21 reports.	The plan shall identify crisis intervention and
29 22 emergency services alternatives to shelter care and shall
29 23 specify the numbers of shelter beds that are guaranteed and
29 24 not guaranteed, as determined necessary by the department.
29 25	6.	Federal funds received by the state during the fiscal
29 26 year beginning July 1, 2006, as the result of the expenditure
29 27 of state funds appropriated during a previous state fiscal
29 28 year for a service or activity funded under this section, are
29 29 appropriated to the department to be used as additional
29 30 funding for services and purposes provided for under this
29 31 section.	Notwithstanding section 8.33, moneys received in
29 32 accordance with this subsection that remain unencumbered or
29 33 unobligated at the close of the fiscal year shall not revert
29 34 to any fund but shall remain available for the purposes
35 designated until the close of the succeeding fiscal year.
1	7.	Of the funds appropriated in this section, not more
30	2 than $442,100 is allocated to provide clinical assessment
30	3 services as necessary to continue funding of children's
30	4 rehabilitation services under medical assistance in accordance
30	5 with federal law and requirements.	The funding allocated is
30	6 the amount projected to be necessary for providing the
30	7 clinical assessment services.
30	8	8.	Of the funds appropriated in this section, $3,696,285
30	9 shall be used for protective child care assistance.
30 10	9.	Of the funds appropriated in this section, up to
30 11 $3,002,844 is allocated for the payment of the expenses of
30 12 court=ordered services provided to juveniles which are a
30 13 charge upon the state pursuant to section 232.141, subsection
30 14 4.	Of the amount allocated in this subsection, up to
30 15 $1,505,161 shall be made available to provide school=based
30 16 supervision of children adjudicated under chapter 232, of
30 17 which not more than $15,000 may be used for the purpose of
30 18 training.	A portion of the cost of each school=based liaison
30 19 officer shall be paid by the school district or other funding
30 20 source as approved by the chief juvenile court officer.
30 21	a.	Notwithstanding section 232.141 or any other provision
30 22 of law to the contrary, the amount allocated in this
30 23 subsection shall be distributed to the judicial districts as
30 24 determined by the state court administrator.	The state court
30 25 administrator shall make the determination of the distribution
30 26 amounts on or before June 15, 2006.
30 27	b.	Notwithstanding chapter 232 or any other provision of
30 28 law to the contrary, a district or juvenile court shall not
30 29 order any service which is a charge upon the state pursuant to
30 30 section 232.141 if there are insufficient court=ordered

30 31 services funds available in the district court distribution
30 32 amount to pay for the service.	The chief juvenile court
30 33 officer shall encourage use of the funds allocated in this
30 34 subsection such that there are sufficient funds to pay for all
35 court=related services during the entire year.	The chief
1 juvenile court officers shall attempt to anticipate potential
31	2 surpluses and shortfalls in the distribution amounts and shall
31	3 cooperatively request the state court administrator to
31	4 transfer funds between the districts' distribution amounts as
31	5 prudent.
31	6	c.	Notwithstanding any provision of law to the contrary, a
31	7 district or juvenile court shall not order a county to pay for
31	8 any service provided to a juvenile pursuant to an order
31	9 entered under chapter 232 which is a charge upon the state
31 10 under section 232.141, subsection 4.
31 11	d.	Of the funds allocated in this subsection, not more
31 12 than $100,000 may be used by the judicial branch for
31 13 administration of the requirements under this subsection and
31 14 for travel associated with court=ordered placements which are
31 15 a charge upon the state pursuant to section 232.141,
31 16 subsection 4.
31 17	10.	Notwithstanding 2000 Iowa Acts, chapter 1228, section
31 18 43, the department may operate a subsidized guardianship
31 19 program if the United States department of health and human
31 20 services approves a waiver under Title IV=E of the federal
31 21 Social Security Act or the federal Social Security Act is
31 22 amended to allow Title IV=E funding to be used for subsidized
31 23 guardianship, and the subsidized guardianship program can be
31 24 operated without loss of Title IV=E funds.
31 25	11.	Of the funds appropriated in this section, $1,000,000
31 26 shall be transferred to the Iowa department of public health
31 27 to be used for the child protection center grant program in
31 28 accordance with section 135.118.
31 29	12.	Of the funds appropriated in this section, $148,000
31 30 shall be used for funding of one or more child welfare
31 31 diversion and mediation pilot projects as provided in 2004
31 32 Iowa Acts, chapter 1130, section 1.
31 33	13.	If the department receives federal approval to
31 34 implement a waiver under Title IV=E of the federal Social
35 Security Act to enable providers to serve children who remain
1 in the children's families and communities, for purposes of
32	2 eligibility under the medical assistance program children who
32	3 participate in the waiver shall be considered to be placed in
32	4 foster care.
32	5	14.	a.	Funds appropriated in this section may be used to
32	6 provide continued support for young adults who are age
32	7 eighteen and graduate from high school or complete a
32	8 graduation equivalency diploma after May 1, 2006, have a self=
32	9 sufficiency plan, and are continuing their education, working,
32 10 or are in work training.	The department may amend existing
32 11 contracts to provide the additional services to this
32 12 population.	The department may adopt emergency rules to
32 13 implement the provisions of this subsection.
32 14	b.	Of the funds appropriated in this section, $854,012 is
32 15 allocated for the program described in this subsection for
32 16 young adults who leave foster care services at age 18 provided
32 17 legislation is enacted by the Eighty=first General Assembly,
32 18 2006 Session, to codify requirements for the program.	If
32 19 enacted, the program shall commence as early as possible in
32 20 the fiscal year.	The department may adopt emergency rules to
32 21 implement the program.
32 22	15.	Of the funds appropriated in this section, $50,000 is
32 23 allocated for a grant to expand an existing program operated
32 24 by a nonprofit organization providing family treatment and
32 25 community education services in a nine=county area.
32 26	16.	Of the funds appropriated in this section, $1,000,000
32 27 shall be used for juvenile drug courts to replace lost federal
32 28 grants and to expand juvenile drug courts.	The amount
32 29 allocated in this subsection shall be distributed as follows:
32 30	a.	To the judicial branch for salaries to assist with the
32 31 operation of juvenile drug court programs operated in the
32 32 following jurisdictions:

32	34	..................................................	$	60,000	

				

				

32 33	(1)	Marshall county:

35	(2)	Woodbury county:
33	1 .................................................. $	120,254
2	(3)	Polk county:
33	3 .................................................. $	187,434
33	4	(4)	For establishing a program in the eighth judicial
33	5 district and in another judicial district:
33	6 .................................................. $	130,000

33	7	b.	For court=ordered services to support substance abuse
33	8 and related services provided to the juveniles participating
33	9 in the juvenile drug court programs listed in paragraph "a"
33 10 and the juveniles' families:
33 11 .................................................. $	502,312
33 12	The state court administrator shall allocate the funding
33 13 designated in this paragraph among the programs.
33 14	17.	Of the funds appropriated in this section, $100,000 is
33 15 allocated to establish a multidimensional treatment level
33 16 foster care program provided House File 2567 or other
33 17 legislation requiring the department to establish the program
33 18 is enacted by the Eighty=first General Assembly, 2006 Session.
33 19	18.	During the fiscal year beginning July 1, 2006, the
33 20 department shall continue funding one or more child welfare
33 21 diversion and mediation pilot projects implemented pursuant to
33 22 2004 Iowa Acts, chapter 1130, section 1.	The department shall
33 23 do all of the following in continuing the pilot projects:
33 24	a.	If an agency providing mediation services under the
33 25 pilot project has not demonstrated the ability to deliver
33 26 services throughout the entire fiscal year within the funding
33 27 allocated, the department shall not renew the contract with
33 28 the agency.
33 29	b.	If a contract is not renewed as provided in paragraph
33 30 "a", the department shall select a replacement provider agency
33 31 with the experience and capacity to provide mediation services
33 32 in the county or counties served by the provider agency whose
33 33 contract was not renewed.	Whenever possible in selecting a
33 34 replacement provider agency, the department shall select a
35 provider agency whose primary operations office is located
1 within the largest county served by the pilot project.
34	2	19.	Of the funds appropriated in this section, $230,000
34	3 shall be used for a grant to a nonprofit human services
34	4 organization providing services to individuals and families in
34	5 multiple locations in southwest Iowa and Nebraska for support
34	6 of a project providing immediate, sensitive support and
34	7 forensic interviews, medical exams, needs assessments and
34	8 referrals for victims of child abuse and their nonoffending
34	9 family members.
34 10	Sec. 18.	ADOPTION SUBSIDY.
34 11	1.	There is appropriated from the general fund of the
34 12 state to the department of human services for the fiscal year
34 13 beginning July 1, 2006, and ending June 30, 2007, the
34 14 following amount, or so much thereof as is necessary, to be
34 15 used for the purpose designated:
34 16	For adoption subsidy payments and services:
34 17 .................................................. $ 31,446,063
34 18	2.	The department may transfer funds appropriated in this
34 19 section to the appropriations in this Act for child and family
34 20 services to be used for adoptive family recruitment and other
34 21 services to achieve adoption.
34 22	3.	Federal funds received by the state during the fiscal
34 23 year beginning July 1, 2006, as the result of the expenditure
34 24 of state funds during a previous state fiscal year for a
34 25 service or activity funded under this section, are
34 26 appropriated to the department to be used as additional
34 27 funding for the services and activities funded under this
34 28 section.	Notwithstanding section 8.33, moneys received in
34 29 accordance with this subsection that remain unencumbered or
34 30 unobligated at the close of the fiscal year shall not revert
34 31 to any fund but shall remain available for expenditure for the
34 32 purposes designated until the close of the succeeding fiscal
34 33 year.
34 34	Sec. 19.	JUVENILE DETENTION HOME FUND.	Moneys deposited
35 in the juvenile detention home fund created in section 232.142
1 during the fiscal year beginning July 1, 2006, and ending June
35	2 30, 2007, are appropriated to the department of human services
35	3 for the fiscal year beginning July 1, 2006, and ending June
35	4 30, 2007, for distribution as follows:
35	5	1.	An amount equal to 10 percent of the costs of the
35	6 establishment, improvement, operation, and maintenance of
35	7 county or multicounty juvenile detention homes in the fiscal
35	8 year beginning July 1, 2005.	Moneys appropriated for
35	9 distribution in accordance with this subsection shall be
35 10 allocated among eligible detention homes, prorated on the
35 11 basis of an eligible detention home's proportion of the costs
35 12 of all eligible detention homes in the fiscal year beginning
35 13 July 1, 2005.	Notwithstanding section 232.142, subsection 3,
35 14 the financial aid payable by the state under that provision
35 15 for the fiscal year beginning July 1, 2006, shall be limited
35 16 to the amount appropriated for the purposes of this
35 17 subsection.

35 18	2.	For renewal of a grant to a county with a population
35 19 between 189,000 and 196,000 in the latest preceding certified
35 20 federal census for implementation of the county's runaway
35 21 treatment plan under section 232.195:
35 22 .................................................. $	80,000
35 23	3.	For continuation and expansion of the community
35 24 partnership for child protection sites:
35 25 .................................................. $	318,000
35 26	4.	For continuation of the department's minority youth and
35 27 family projects under the redesign of the child welfare
35 28 system:
35 29 .................................................. $	375,000
35 30	5.	For funding of the state match for the federal
35 31 substance abuse and mental health services administration
35 32 (SAMSHA) system of care grant:
35 33 .................................................. $	67,600
35 34	If the federal grant is not approved on or before January
35 1, 2007, the amount designated in this subsection shall be
1 allocated as provided in subsection 6.
36	2	6.	The remainder for additional allocations to county or
36	3 multicounty juvenile detention homes, in accordance with the
36	4 distribution requirements of subsection 1.
36	5	Sec. 20.	FAMILY SUPPORT SUBSIDY PROGRAM.	There is
36	6 appropriated from the general fund of the state to the
36	7 department of human services for the fiscal year beginning
36	8 July 1, 2006, and ending June 30, 2007, the following amount,
36	9 or so much thereof as is necessary, to be used for the purpose
36 10 designated:
36 11	For the family support subsidy program:
36 12 .................................................. $	1,936,434
36 13	1.	The department shall use at least $333,312 of the
36 14 moneys appropriated in this section to continue the children=
36 15 at=home program in current counties, and if funds are
36 16 available after exhausting the family support subsidy waiting
36 17 list, to expand the program to additional counties.	Not more
36 18 than $20,000 of the amount allocated in this subsection shall
36 19 be used for administrative costs.
36 20	2.	Notwithstanding contrary provisions of section 225C.38,
36 21 subsection 1, the monthly family support subsidy payment
36 22 amount for the fiscal year beginning July 1, 2006, shall be
36 23 determined by the department in consultation with the council
36 24 created in section 225C.48, not to exceed the amount in effect 36 25 on June 30, 2006.
36 26	Sec. 21.	CONNER DECREE.	There is appropriated from the
36 27 general fund of the state to the department of human services
36 28 for the fiscal year beginning July 1, 2006, and ending June
36 29 30, 2007, the following amount, or so much thereof as is
36 30 necessary, to be used for the purpose designated:
36 31	For building community capacity through the coordination
36 32 and provision of training opportunities in accordance with the
33 consent decree of Conner v. Branstad, No. 4=86=CV=30871(S.D. 36 34 Iowa, July 14, 1994):
36 35 .................................................. $	42,623
1	Sec. 22.	MENTAL HEALTH INSTITUTES.	There is appropriated
37	2 from the general fund of the state to the department of human
37	3 services for the fiscal year beginning July 1, 2006, and
37	4 ending June 30, 2007, the following amounts, or so much
37	5 thereof as is necessary, to be used for the purposes
37	6 designated:
37	7	1.	For the state mental health institute at Cherokee for
37	8 salaries, support, maintenance, and miscellaneous purposes and
37	9 for not more than the following full=time equivalent
37 10 positions:
37 11 .................................................. $	4,893,698
37 12 ............................................... FTEs	215.00
37 13	Of the funds appropriated in this subsection, at least
37 14 $5,000 is allocated for provision of books or other learning
37 15 materials and activities associated with the education of
37 16 children placed in facilities operated at the state mental
37 17 health institute at Cherokee.
37 18	2.	For the state mental health institute at Clarinda for
37 19 salaries, support, maintenance, and miscellaneous purposes and
37 20 for not more than the following full=time equivalent
37 21 positions:
37 22 .................................................. $	6,179,344
37 23 ............................................... FTEs	101.15
37 24	3.	For the state mental health institute at Independence
37 25 for salaries, support, maintenance, and miscellaneous purposes
37 26 and for not more than the following full=time equivalent
37 27 positions:
37 28 .................................................. $	9,006,899

37 29 ............................................... FTEs	286.40
37 30	Of the funds appropriated in this subsection, at least
37 31 $5,000 is allocated for provision of books or other learning
37 32 materials and activities associated with the education of
37 33 children placed in facilities located at the state mental
37 34 health institute at Independence.
35	4.	For the state mental health institute at Mount Pleasant
1 for salaries, support, maintenance, and miscellaneous purposes
38	2 and for not more than the following full=time equivalent
38	3 positions:
38	4 .................................................. $	1,046,074
38	5 ............................................... FTEs	102.84
38	6	The department shall implement a new 20=bed substance abuse
38	7 treatment unit beginning October 1, 2006.
38	8	Sec. 23.	STATE RESOURCE CENTERS.	There is appropriated
38	9 from the general fund of the state to the department of human
38 10 services for the fiscal year beginning July 1, 2006, and
38 11 ending June 30, 2007, the following amounts, or so much
38 12 thereof as is necessary, to be used for the purposes
38 13 designated:
38 14	1.	For the state resource center at Glenwood for salaries,
38 15 support, maintenance, and miscellaneous purposes:
38 16 .................................................. $ 14,006,583
38 17	2.	For the state resource center at Woodward for salaries,
38 18 support, maintenance, and miscellaneous purposes:
38 19 .................................................. $	8,590,761
38 20	3.	The department may continue to bill for state resource
38 21 center services utilizing a scope of services approach used
38 22 for private providers of ICFMR services, in a manner which
38 23 does not shift costs between the medical assistance program,
38 24 counties, or other sources of funding for the state resource
38 25 centers.
38 26	4.	The state resource centers may expand the time limited
38 27 assessment and respite services during the fiscal year.
38 28	5.	If the department's administration and the department
38 29 of management concur with a finding by a state resource
38 30 center's superintendent that projected revenues can reasonably
38 31 be expected to pay the salary and support costs for a new
38 32 employee position, or that such costs for adding a particular
38 33 number of new positions for the fiscal year would be less than
38 34 the overtime costs if new positions would not be added, the
35 superintendent may add the new position or positions.	If the
1 vacant positions available to a resource center do not include
39	2 the position classification desired to be filled, the state
39	3 resource center's superintendent may reclassify any vacant
39	4 position as necessary to fill the desired position.	The
39	5 superintendents of the state resource centers may, by mutual
39	6 agreement, pool vacant positions and position classifications
39	7 during the course of the fiscal year in order to assist one
39	8 another in filling necessary positions.
39	9	6.	If existing capacity limitations are reached in
39 10 operating units, a waiting list is in effect for a service or
39 11 a special need for which a payment source or other funding is
39 12 available for the service or to address the special need, and
39 13 facilities for the service or to address the special need can
39 14 be provided within the available payment source or other
39 15 funding, the superintendent of a state resource center may
39 16 authorize opening not more than two units or other facilities
39 17 and to begin implementing the service or addressing the
39 18 special need during fiscal year 2006=2007.
39 19	Sec. 24.	MI/MR/DD STATE CASES.
39 20	1.	There is appropriated from the general fund of the
39 21 state to the department of human services for the fiscal year
39 22 beginning July 1, 2006, and ending June 30, 2007, the
39 23 following amount, or so much thereof as is necessary, to be
39 24 used for the purpose designated:
39 25	For purchase of local services for persons with mental
39 26 illness, mental retardation, and developmental disabilities
39 27 where the client has no established county of legal
39 28 settlement:
39 29 .................................................. $ 12,286,619
39 30	2.	For the fiscal year beginning July 1, 2006, and ending
39 31 June 30, 2007, $200,000 is allocated for state cases from the
39 32 amounts appropriated from the fund created in section 8.41 to
39 33 the department of human services from the funds received from
39 34 the federal government under 42 U.S.C., chapter 6A, subchapter
35 XVII, relating to the community mental health center block
1 grant, for the federal fiscal years beginning October 1, 2004,
40	2 and ending September 30, 2005, beginning October 1, 2005, and
40	3 ending September 30, 2006, and beginning October 1, 2006, and
40	4 ending September 30, 2007.	The allocation made in this

40	5 subsection shall be made prior to any other distribution
40	6 allocation of the appropriated federal funds.
40	7	Sec. 25.	MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES ==
40	8 COMMUNITY SERVICES FUND.	There is appropriated from the
40	9 general fund of the state to the mental health and
40 10 developmental disabilities community services fund created in
40 11 section 225C.7 for the fiscal year beginning July 1, 2006, and
40 12 ending June 30, 2007, the following amount, or so much thereof
40 13 as is necessary, to be used for the purpose designated:
40 14	For mental health and developmental disabilities community
40 15 services in accordance with this division of this Act:
40 16 ................................................. $ 18,017,890
40 17	1.	Of the funds appropriated in this section, $17,727,890
40 18 shall be allocated to counties for funding of community=based
40 19 mental health and developmental disabilities services.	The
40 20 moneys shall be allocated to a county as follows:
40 21	a.	Fifty percent based upon the county's proportion of the
40 22 state's population of persons with an annual income which is
40 23 equal to or less than the poverty guideline established by the
40 24 federal office of management and budget.
40 25	b.	Fifty percent based upon the county's proportion of the
40 26 state's general population.
40 27	2.	a.	A county shall utilize the funding the county
40 28 receives pursuant to subsection 1 for services provided to
40 29 persons with a disability, as defined in section 225C.2.
40 30 However, no more than 50 percent of the funding shall be used
40 31 for services provided to any one of the service populations.
40 32	b.	A county shall use at least 50 percent of the funding
40 33 the county receives under subsection 1 for contemporary
40 34 services provided to persons with a disability, as described
35 in rules adopted by the department.
1	3.	Of the funds appropriated in this section, $30,000
41	2 shall be used to support the Iowa compass program providing
41	3 computerized information and referral services for Iowans with
41	4 disabilities and their families.
41	5	4.	a.	Funding appropriated for purposes of the federal
41	6 social services block grant is allocated for distribution to
41	7 counties for local purchase of services for persons with
41	8 mental illness or mental retardation or other developmental
41	9 disability.
41 10	b.	The funds allocated in this subsection shall be
41 11 expended by counties in accordance with the county's approved
41 12 county management plan.	A county without an approved county
41 13 management plan shall not receive allocated funds until the
41 14 county's management plan is approved.
41 15	c.	The funds provided by this subsection shall be
41 16 allocated to each county as follows:
41 17	(1)	Fifty percent based upon the county's proportion of
41 18 the state's population of persons with an annual income which
41 19 is equal to or less than the poverty guideline established by
41 20 the federal office of management and budget.
41 21	(2)	Fifty percent based upon the amount provided to the
41 22 county for local purchase of services in the preceding fiscal
41 23 year.
41 24	5.	A county is eligible for funds under this section if
41 25 the county qualifies for a state payment as described in 41 26 section 331.439.
41 27	6.	Of the funds appropriated in this section, $260,000 is
41 28 allocated to the department for development of an assessment
41 29 process for use beginning in a subsequent fiscal year as
41 30 authorized specifically by a statute to be enacted in a
41 31 subsequent fiscal year, determining on a consistent basis the
41 32 needs and capacities of persons seeking or receiving mental
41 33 health, mental retardation, developmental disabilities, or
41 34 brain injury services that are paid for in whole or in part by
35 the state or a county.	The assessment process shall be
1 developed with the involvement of counties and the mental
42	2 health, mental retardation, developmental disabilities, and
42	3 brain injury commission.
42	4	Sec. 26.	SEXUALLY VIOLENT PREDATORS.
42	5	1.	There is appropriated from the general fund of the
42	6 state to the department of human services for the fiscal year
42	7 beginning July 1, 2006, and ending June 30, 2007, the
42	8 following amount, or so much thereof as is necessary, to be
42	9 used for the purpose designated:
42 10	For costs associated with the commitment and treatment of
42 11 sexually violent predators in the unit located at the state
42 12 mental health institute at Cherokee, including costs of legal
42 13 services and other associated costs, including salaries,
42 14 support, maintenance, miscellaneous purposes, and for not more
42 15 than the following full=time equivalent positions:

42 16 .................................................. $	4,750,704
42 17 ............................................... FTEs	73.66
42 18	2.	Unless specifically prohibited by law, if the amount
42 19 charged provides for recoupment of at least the entire amount
42 20 of direct and indirect costs, the department of human services
42 21 may contract with other states to provide care and treatment
42 22 of persons placed by the other states at the unit for sexually
42 23 violent predators at Cherokee.	The moneys received under such
42 24 a contract shall be considered to be repayment receipts and
42 25 used for the purposes of the appropriation made in this
42 26 section.
42 27	Sec. 27.	FIELD OPERATIONS.	There is appropriated from the
42 28 general fund of the state to the department of human services
42 29 for the fiscal year beginning July 1, 2006, and ending June
42 30 30, 2007, the following amount, or so much thereof as is
42 31 necessary, to be used for the purposes designated:
42 32	For field operations, including salaries, support,
42 33 maintenance, and miscellaneous purposes and for not more than
34 the following full=time equivalent positions:
42 35 .................................................. $ 57,044,250
43	1 ............................................... FTEs	1,897.87
2	Priority in filling full=time equivalent positions shall be
43	3 given to those positions related to child protection services.
43	4 The full=time equivalent positions authorized in this section
43	5 include clinical consultation positions relating to child
43	6 protection services.
43	7	Sec. 28.	GENERAL ADMINISTRATION.	There is appropriated
43	8 from the general fund of the state to the department of human
43	9 services for the fiscal year beginning July 1, 2006, and
43 10 ending June 30, 2007, the following amount, or so much thereof
43 11 as is necessary, to be used for the purpose designated:
43 12	For general administration, including salaries, support,
43 13 maintenance, and miscellaneous purposes and for not more than
43 14 the following full=time equivalent positions:
43 15 .................................................. $ 14,528,679
43 16 ............................................... FTEs	311.00
43 17	1.	Of the funds appropriated in this section, $57,000 is
43 18 allocated for the prevention of disabilities policy council
43 19 established in section 225B.3.
43 20	2.	Of the funds appropriated in this section, $30,000 is
43 21 allocated to the department of human services for a statewide
43 22 coordinator for the program of all=inclusive care for the
43 23 elderly as defined in section 249H.3.	The coordinator shall
43 24 work in collaboration with the department of elder affairs in
43 25 carrying out the coordinator's duties.
43 26	3.	Of the funds appropriated in this section, $500,000 is
43 27 allocated for salary and technical assistance expenses for the
43 28 department to reestablish a separate division to which the
43 29 appropriate departmental duties addressing mental health,
43 30 mental retardation, developmental disabilities, and brain
43 31 injury services shall be assigned.
43 32	Sec. 29.	VOLUNTEERS.	There is appropriated from the
43 33 general fund of the state to the department of human services
43 34 for the fiscal year beginning July 1, 2006, and ending June
35 30, 2007, the following amount, or so much thereof as is
1 necessary, to be used for the purpose designated:
44	2	For development and coordination of volunteer services:
44	3 .................................................. $	109,568
44	4	Sec. 30.	MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
44	5 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
44	6 DEPARTMENT OF HUMAN SERVICES.
44	7	1.	a.	(1)	For the fiscal year beginning July 1, 2006,
44	8 nursing facilities shall be reimbursed at 100 percent of the
44	9 modified price=based case=mix reimbursement rate.	Nursing
44 10 facilities reimbursed under the medical assistance program
44 11 shall submit annual cost reports and additional documentation
44 12 as required by rules adopted by the department.
44 13	(2)	For the fiscal year beginning July 1, 2006, the total
44 14 state funding amount for the nursing facility budget shall not
44 15 exceed $177,701,264.	The department, in cooperation with
44 16 nursing facility representatives, shall review projections for
44 17 state funding expenditures for reimbursement of nursing
44 18 facilities on a quarterly basis and the department shall
44 19 determine if an adjustment to the medical assistance
44 20 reimbursement rate is necessary in order to provide
44 21 reimbursement within the state funding amount.	Any temporary
44 22 enhanced federal financial participation that may become
44 23 available to the Iowa medical assistance program during the
44 24 fiscal year shall not be used in projecting the nursing
44 25 facility budget.	Notwithstanding 2001 Iowa Acts, chapter 192,
44 26 section 4, subsection 2, paragraph "c", and subsection 3,

44 27 paragraph "a", subparagraph (2), if the state funding
44 28 expenditures for the nursing facility budget for the fiscal
44 29 year beginning July 1, 2006, are projected to exceed the
44 30 amount specified in this subparagraph, the department shall
44 31 adjust the skilled nursing facility market basket inflation
44 32 factor of the reimbursement rate calculation for only the
44 33 nursing facilities reimbursed under the case=mix reimbursement
44 34 system to maintain expenditures of the nursing facility budget
35 within the specified amount.
1	(3)	For the fiscal year beginning July 1, 2006, the
45	2 patient=day=weighted medians used in rate setting for nursing
45	3 facilities shall be recalculated and the rates adjusted to
45	4 provide an increase in nursing facility rates not to exceed
45	5 $162,315,695.	The skilled nursing facility market basket
45	6 inflation factor applied from the mid=point of the cost report
45	7 to the first day of the state fiscal year rate period shall
45	8 not be less than zero percent.
45	9	b.	For the fiscal year beginning July 1, 2006, the
45 10 department shall reimburse pharmacy dispensing fees using a
45 11 single rate of $4.52 per prescription, or the pharmacy's usual
45 12 and customary fee, whichever is lower.
45 13	c.	For the fiscal year beginning July 1, 2006,
45 14 reimbursement rates for inpatient and outpatient hospital
45 15 services shall be increased by 3 percent over the rates in
45 16 effect on June 30, 2006.	The department shall continue the
45 17 outpatient hospital reimbursement system based upon ambulatory
45 18 patient groups implemented pursuant to 1994 Iowa Acts, chapter
45 19 1186, section 25, subsection 1, paragraph "f".	In addition,
45 20 the department shall continue the revised medical assistance
45 21 payment policy implemented pursuant to that paragraph to
45 22 provide reimbursement for costs of screening and treatment
45 23 provided in the hospital emergency room if made pursuant to
45 24 the prospective payment methodology developed by the
45 25 department for the payment of outpatient services provided
45 26 under the medical assistance program.	Any rebasing of
45 27 hospital inpatient or outpatient rates shall not increase
45 28 total payments for inpatient and outpatient services beyond
45 29 the percentage increase provided in this paragraph.
45 30	d.	For the fiscal year beginning July 1, 2006,
45 31 reimbursement rates for rural health clinics, hospices,
45 32 independent laboratories, and acute mental hospitals shall be
45 33 increased in accordance with increases under the federal
45 34 Medicare program or as supported by their Medicare audited
35 costs.
1	e.	(1)	For the fiscal year beginning July 1, 2006,
46	2 reimbursement rates for home health agencies shall be
46	3 increased by 3 percent over the rates in effect on June 30,
46	4 2006, not to exceed a home health agency's actual allowable
46	5 cost.
46	6	(2)	The department shall establish a fixed=fee
46	7 reimbursement schedule for home health agencies under the
46	8 medical assistance program beginning July 1, 2007.
46	9	f.	For the fiscal year beginning July 1, 2006, federally
46 10 qualified health centers shall receive cost=based
46 11 reimbursement for 100 percent of the reasonable costs for the
46 12 provision of services to recipients of medical assistance.
46 13	g.	Beginning July 1, 2006, the reimbursement rates for
46 14 dental services shall be increased by 3 percent over the rates
46 15 in effect on June 30, 2006.
46 16	h.	Beginning July 1, 2006, the reimbursement rates for
46 17 community mental health centers shall be increased by 3
46 18 percent over the rates in effect on June 30, 2006.
46 19	i.	For the fiscal year beginning July 1, 2006, the maximum
46 20 reimbursement rate for psychiatric medical institutions for
46 21 children shall be $160.71 per day.
46 22	j.	For the fiscal year beginning July 1, 2006, unless
46 23 otherwise specified in this Act, all noninstitutional medical
46 24 assistance provider reimbursement rates shall be increased by
46 25 3 percent over the rates in effect on June 30, 2006, except
46 26 for area education agencies, local education agencies, infant
46 27 and toddler services providers, and those providers whose
46 28 rates are required to be determined pursuant to section 46 29 249A.20.
46 30	k.	Notwithstanding section 249A.20, for the fiscal year
46 31 beginning July 1, 2006, the average reimbursement rate for
46 32 health care providers eligible for use of the federal Medicare
46 33 resource=based relative value scale reimbursement methodology
46 34 under that section shall be increased by 3 percent over the
35 rate in effect on June 30, 2006; however, this rate shall not
1 exceed the maximum level authorized by the federal government.
47	2	l.	Beginning July 1, 2006, the department shall increase

47	3 the personal needs allowance under the medical assistance
47	4 program which may be retained by a resident of a nursing
47	5 facility to fifty dollars.
47	6	2.	For the fiscal year beginning July 1, 2006, the
47	7 reimbursement rate for residential care facilities shall not
47	8 be less than the minimum payment level as established by the
47	9 federal government to meet the federally mandated maintenance
47 10 of effort requirement.	The flat reimbursement rate for
47 11 facilities electing not to file semiannual cost reports shall
47 12 not be less than the minimum payment level as established by
47 13 the federal government to meet the federally mandated
47 14 maintenance of effort requirement.
47 15	3.	For the fiscal year beginning July 1, 2006, the
47 16 reimbursement rate for providers reimbursed under the in=
47 17 home=related care program shall not be less than the minimum
47 18 payment level as established by the federal government to meet
47 19 the federally mandated maintenance of effort requirement.
47 20	4.	Unless otherwise directed in this section, when the
47 21 department's reimbursement methodology for any provider
47 22 reimbursed in accordance with this section includes an
47 23 inflation factor, this factor shall not exceed the amount by
47 24 which the consumer price index for all urban consumers
47 25 increased during the calendar year ending December 31, 2002.
47 26	5.	For the fiscal year beginning July 1, 2006, the foster
47 27 family basic daily maintenance rate paid in accordance with
47 28 section 234.38 and the maximum adoption subsidy rate for
47 29 children ages 0 through 5 years shall be $15.31, the rate for
47 30 children ages 6 through 11 years shall be $15.99, the rate for
47 31 children ages 12 through 15 years shall be $17.57, and the
47 32 rate for children ages 16 and older shall be $17.73.
47 33	6.	For the fiscal year beginning July 1, 2006, the maximum
47 34 reimbursement rates for social service providers shall be
35 increased by 3 percent over the rates in effect on June 30,
1 2006, or to the provider's actual and allowable cost plus
48	2 inflation for each service, whichever is less.	The rates may
48	3 also be adjusted under any of the following circumstances:
48	4	a.	If a new service was added after June 30, 2006, the
48	5 initial reimbursement rate for the service shall be based upon
48	6 actual and allowable costs.
48	7	b.	If a social service provider loses a source of income
48	8 used to determine the reimbursement rate for the provider, the
48	9 provider's reimbursement rate may be adjusted to reflect the
48 10 loss of income, provided that the lost income was used to
48 11 support actual and allowable costs of a service purchased
48 12 under a purchase of service contract.
48 13	7.	The group foster care reimbursement rates paid for
48 14 placement of children out of state shall be calculated
48 15 according to the same rate=setting principles as those used
48 16 for in=state providers unless the director of human services
48 17 or the director's designee determines that appropriate care
48 18 cannot be provided within the state.	The payment of the daily
48 19 rate shall be based on the number of days in the calendar
48 20 month in which service is provided.
48 21	8.	For the fiscal year beginning July 1, 2006, the
48 22 reimbursement rates for rehabilitative treatment and support
48 23 services providers shall be increased by 3 percent over the
48 24 rates in effect on June 30, 2006.
48 25	9.	a.	For the fiscal year beginning July 1, 2006, the
48 26 combined service and maintenance components of the
48 27 reimbursement rate paid for shelter care services purchased
48 28 under a contract shall be based on the financial and
48 29 statistical report submitted to the department.	The maximum
48 30 reimbursement rate shall be $88.79 per day.	The department
48 31 shall reimburse a shelter care provider at the provider's
48 32 actual and allowable unit cost, plus inflation, not to exceed
48 33 the maximum reimbursement rate.
48 34	b.	Notwithstanding section 232.141, subsection 8, for the
35 fiscal year beginning July 1, 2006, the amount of the
1 statewide average of the actual and allowable rates for
49	2 reimbursement of juvenile shelter care homes that is utilized
49	3 for the limitation on recovery of unpaid costs shall be
49	4 increased by $2.59 over the amount in effect for this purpose
49	5 in the preceding fiscal year.
49	6	10.	For the fiscal year beginning July 1, 2006, the
49	7 department shall calculate reimbursement rates for
49	8 intermediate care facilities for persons with mental
49	9 retardation at the 80th percentile.
49 10	11.	For the fiscal year beginning July 1, 2006, effective
49 11 January 1, 2007, for child care providers reimbursed under the
49 12 state child care assistance program, the department shall set
49 13 provider reimbursement rates based on the rate reimbursement

49 14 survey completed in December 2004.	The department shall set
49 15 rates in a manner so as to provide incentives for a
49 16 nonregistered provider to become registered.
49 17	12.	For the fiscal year beginning July 1, 2006,
49 18 reimbursements for providers reimbursed by the department of
49 19 human services may be modified if appropriated funding is
49 20 allocated for that purpose from the senior living trust fund
49 21 created in section 249H.4, or as specified in appropriations
49 22 from the healthy Iowans tobacco trust created in section 49 23 12.65.
49 24	13.	The department shall apply the three percent
49 25 reimbursement rate increase prescribed for specified providers
49 26 for the fiscal year beginning July 1, 2005, pursuant to 2005
49 27 Iowa Acts, chapter 175, separately from the three percent
49 28 reimbursement rate increase prescribed for specified providers
49 29 for the fiscal year beginning July 1, 2006, under this Act.
49 30	14.	The department shall adopt rules pursuant to chapter
49 31 17A to provide reimbursement for covered services provided by
49 32 psychology interns and psychology residents to recipients of
49 33 medical assistance, subject to limitations and exclusions the
49 34 department finds necessary on the basis of federal laws and
35 regulations.
1	15.	The department may adopt emergency rules to implement
50	2 this section.
50	3	Sec. 31.	EMERGENCY RULES.	If specifically authorized by a
50	4 provision of this division of this Act, the department of
50	5 human services or the mental health, mental retardation,
50	6 developmental disabilities, and brain injury commission may
50	7 adopt administrative rules under section 17A.4, subsection 2,
50	8 and section 17A.5, subsection 2, paragraph "b", to implement
50	9 the provisions and the rules shall become effective
50 10 immediately upon filing or on a later effective date specified
50 11 in the rules, unless the effective date is delayed by the
50 12 administrative rules review committee.	Any rules adopted in
50 13 accordance with this section shall not take effect before the
50 14 rules are reviewed by the administrative rules review
50 15 committee.	The delay authority provided to the administrative
50 16 rules review committee under section 17A.4, subsection 5, and
50 17 section 17A.8, subsection 9, shall be applicable to a delay
50 18 imposed under this section, notwithstanding a provision in
50 19 those sections making them inapplicable to section 17A.5,
50 20 subsection 2, paragraph "b".	Any rules adopted in accordance
50 21 with the provisions of this section shall also be published as
50 22 notice of intended action as provided in section 17A.4.
50 23	Sec. 32.	REPORTS.	Any reports or information required to
50 24 be compiled and submitted under this division of this Act
50 25 shall be submitted to the chairpersons and ranking members of
50 26 the joint appropriations subcommittee on health and human
50 27 services, the legislative services agency, and the legislative
50 28 caucus staffs on or before the dates specified for submission
50 29 of the reports or information.
50 30	Sec. 33.	LOW=INCOME HOME ENERGY ASSISTANCE PROGRAM ==
50 31 SUPPLEMENTAL APPROPRIATION.
50 32	1.	There is appropriated from the general fund of the
50 33 state to the division of community action agencies of the
50 34 department of human rights for the fiscal year beginning July
35 1, 2005, and ending June 30, 2006, the following amount, or so
1 much thereof as is necessary, to be used for the purpose
51	2 designated:
51	3	For supplementation of the appropriation made for the
51	4 low=income home energy assistance program made in 2005 Iowa
51	5 Acts, chapter 164, section 10:
51	6 .................................................. $	3,000,000
51	7	2.	Of the moneys appropriated in this section, $150,000
51	8 shall not be expended in the fiscal year for which
51	9 appropriated, but shall be transferred in the succeeding
51 10 fiscal year to the department of human services to be used for
51 11 the family development and self=sufficiency grant program.
51 12 Notwithstanding section 8.33, moneys appropriated in this
51 13 section that remain unencumbered or unobligated at the close
51 14 of the fiscal year shall not revert but shall remain available
51 15 for expenditure for the purposes designated until the close of
51 16 the succeeding fiscal year.
51 17	3.	The legislative council is requested to authorize a
51 18 review of the low=income home energy assistance program and
51 19 weatherization program by the fiscal committee of the
51 20 legislative council or other body during the 2006 legislative
51 21 interim.	The issues reviewed shall include but are not
51 22 limited to financial assistance, the application and intake
51 23 processes, and the community action agencies assessment and
51 24 resolution proposal.	The review shall also include involving

51 25 the department of human services in the administration of the
51 26 programs to enable low=income persons to access additional
51 27 assistance programs through a single location.
51 28	Sec. 34.	Section 16.183, subsections 1 and 3, Code 2005,
51 29 are amended to read as follows:
51 30	1.	A home and community=based services revolving loan
51 31 program fund is created within the authority to further the
51 32 goals specified in section 231.3, adult day services, respite
51 33 services, and congregate meals, health and wellness, health
 51 34 screening, and nutritional assessments.	The moneys in the
35 home and community=based services revolving loan program fund
1 shall be used by the authority for the development and
52	2 operation of a revolving loan program to develop and expand
52	3 facilities and infrastructure that provide adult day services,
52	4 respite services, and congregate meals, and programming space
 52  5 for health and wellness, health screening, and nutritional
 52  6 assessments that address the needs of persons with low
52	7 incomes.
52	8	3.	The authority, in cooperation with the department of
52	9 elder affairs, shall annually allocate moneys available in the
52 10 home and community=based services revolving loan program fund
52 11 to develop and expand facilities and infrastructure that
52 12 provide adult day services, respite services, and congregate
52 13 meals, and programming space for health and wellness, health
 52 14 screening, and nutritional assessments that address the needs
52 15 of persons with low incomes.
52 16	Sec. 35.	2005 Iowa Acts, chapter 175, section 2,
52 17 subsection 4, unnumbered paragraph 2, is amended to read as
52 18 follows:
52 19	Of the funds appropriated in this subsection, not more than
52 20 $100,000 shall be used to leverage federal funding through the
52 21 federal Ryan White Care Act, Title II, AIDS drug assistance
52 22 program supplemental drug treatment grants.	Notwithstanding
 52 23 section 8.33, moneys allocated in this subparagraph that
 52 24 remain unencumbered or unobligated at the close of the fiscal
 52 25 year shall not revert but shall remain available for
 52 26 expenditure for the purposes designated until the close of the
 52 27 succeeding fiscal year.
52 28	Sec. 36.	2005 Iowa Acts, chapter 175, section 2,
52 29 subsection 12, is amended by adding the following new
52 30 unnumbered paragraph:
52 31	NEW UNNUMBERED PARAGRAPH.	Notwithstanding section 8.33,
52 32 moneys appropriated in this subsection that remain
52 33 unencumbered or unobligated at the close of the fiscal year
52 34 shall not revert but shall remain available for expenditure
35 for the purposes designated until the close of the succeeding
1 fiscal year.
53	2	Sec. 37.	2005 Iowa Acts, chapter 175, section 3, is
53	3 amended by adding the following new unnumbered paragraph:
53	4	NEW UNNUMBERED PARAGRAPH.	Notwithstanding section 8.33,
53	5 moneys appropriated in this section that remain unencumbered
53	6 or unobligated at the close of the fiscal year shall not
53	7 revert but shall remain available for expenditure for the
53	8 purposes designated until the close of the succeeding fiscal
53	9 year.
53 10	Sec. 38.	2005 Iowa Acts, chapter 175, section 4,
53 11 subsection 2, is amended by adding the following new
53 12 unnumbered paragraph:
53 13	NEW UNNUMBERED PARAGRAPH.	Notwithstanding section 8.33 and
53 14 section 35D.18, subsection 5, moneys appropriated in this
53 15 subsection that remain unencumbered or unobligated at the
53 16 close of the fiscal year shall not revert but shall remain
53 17 available for expenditure in succeeding fiscal years.	Of the
53 18 amount remaining available for expenditure under this
53 19 paragraph, the first $1,000,000 shall be used for Iowa
53 20 veterans home operations in the immediately succeeding fiscal
53 21 year and the balance shall be transferred to any appropriation
53 22 made for the fiscal year beginning July 1, 2006, for purposes
53 23 of capital improvements, renovations, or new construction at
53 24 the Iowa veterans home.	However, if an appropriation is not
53 25 made for such purposes for that fiscal year by the Eighty=
53 26 first General Assembly, 2006 Session, the balance shall remain
53 27 available to be used to supplement an appropriation made for
53 28 such purposes for a subsequent fiscal year.
53 29	Sec. 39.	2005 Iowa Acts, chapter 175, section 9,
53 30 unnumbered paragraph 2, is amended to read as follows:
53 31	For medical assistance reimbursement and associated costs
53 32 as specifically provided in the reimbursement methodologies in
53 33 effect on June 30, 2005, except as otherwise expressly
53 34 authorized by law, including reimbursement for abortion
35 services, which shall be available under the medical

1 assistance program only for those abortions which are
54	2 medically necessary:
54	3 .................................................. $519,040,317
54	4	538,040,317
54	5	Sec. 40.	2005 Iowa Acts, chapter 175, section 9, is
54	6 amended by adding the following new subsection:
54	7	NEW SUBSECTION.	15.	Notwithstanding section 8.33,
54	8 $500,000 of the moneys appropriated in this section that
54	9 remain unencumbered or unobligated at the close of the fiscal
54 10 year shall not revert but shall remain available for
54 11 expenditure for the operational costs associated with Part D
54 12 of the federal Medicare Prescription Drug, Improvement, and
54 13 Modernization Act of 2003, Pub. L. No. 108=173, until the
54 14 close of the succeeding fiscal year.
54 15	Sec. 41.	2005 Iowa Acts, chapter 175, section 12, is
54 16 amended by adding the following new subsection:
54 17	NEW SUBSECTION.	4.	Notwithstanding section 8.33,
54 18 $1,100,000 of the moneys appropriated in this section that
54 19 remain unencumbered or unobligated at the close of the fiscal
54 20 year shall not revert but shall remain available for
54 21 expenditure for the purposes designated until the close of the
54 22 succeeding fiscal year.
54 23	Sec. 42.	2005 Iowa Acts, chapter 175, section 14,
54 24 subsection 2, is amended to read as follows:
54 25	2.	Of the funds appropriated in this section, $900,000
54 26 shall be used for implementation of a quality rating system
54 27 for child care providers, in accordance with legislation
54 28 enacted to authorize implementation of the rating system.
54 29 Notwithstanding section 8.33, $125,000 of the moneys allocated
 54 30 in this subsection that remain unencumbered or unobligated at
 54 31 the close of the fiscal year shall not revert but shall remain
 54 32 available for expenditure for the purposes designated until
 54 33 the close of the succeeding fiscal year.
54 34	Sec. 43.	2005 Iowa Acts, chapter 175, section 16, is
35 amended by adding the following new subsection:
1	NEW SUBSECTION.	18.	Notwithstanding section 8.33,
55	2 $1,000,000 of the moneys appropriated in this section that
55	3 remain unencumbered or unobligated at the close of the fiscal
55	4 year shall not revert but shall remain available for
55	5 expenditure for the purposes designated until the close of the
55	6 succeeding fiscal year.
55	7	Sec. 44.	2005 Iowa Acts, chapter 175, section 17, is
55	8 amended by adding the following new subsection:
55	9	NEW SUBSECTION.	4.	Notwithstanding section 8.33,
55 10 $2,000,000 of the moneys appropriated in this section that
55 11 remain unencumbered or unobligated at the close of the fiscal
55 12 year shall not revert but shall remain available for
55 13 expenditure for the purposes designated until the close of the
55 14 succeeding fiscal year.
55 15	Sec. 45.	2005 Iowa Acts, chapter 175, section 21,
55 16 subsection 3, is amended by adding the following new
55 17 unnumbered paragraph:
55 18	NEW UNNUMBERED PARAGRAPH.	Notwithstanding section 8.33,
55 19 revenues that are directly attributable to the psychiatric
55 20 medical institution for children beds operated by the state at
55 21 the state mental health institute at Independence in
55 22 accordance with section 226.9B, that are received as repayment
55 23 receipts and are attributed to the fiscal year beginning July
55 24 1, 2005, shall not revert but shall remain available for
55 25 expenditure for the purposes designated until the close of the
55 26 succeeding fiscal year.
55 27	Sec. 46.	2005 Iowa Acts, chapter 175, section 22, is
55 28 amended by adding the following new subsection:
55 29	NEW SUBSECTION.	2A.	a.	Notwithstanding sections 8.33 and
55 30 222.92, of the revenues available to the state resource
55 31 centers that remain unencumbered or unobligated at the close
55 32 of the fiscal year the indicated amounts shall not revert but
55 33 shall remain available for expenditure for the purposes
55 34 designated until the close of the succeeding fiscal year:
35	(1)	For the state resource center at Glenwood, $1,250,000.
1	(2)	For the state resource center at Woodward, $750,000.
56	2	b.	Of the amounts designated in paragraph "a", $250,000 at
56	3 each resource center shall be used to continue the procurement
56	4 and installation of the electronic medical records system
56	5 initiated in the fiscal year beginning July 1, 2005.
56	6	Sec. 47.	2005 Iowa Acts, chapter 175, section 23, is
56	7 amended by adding the following new subsection:
56	8	NEW SUBSECTION.	3.	Notwithstanding section 8.33, $400,000
56	9 of the moneys appropriated in this section that remain
56 10 unencumbered or unobligated at the close of the fiscal year
56 11 shall not revert but shall remain available for expenditure

56 12 for the purposes designated until the close of the succeeding
56 13 fiscal year.
56 14	Sec. 48.	2005 Iowa Acts, chapter 175, section 26, is
56 15 amended by adding the following new unnumbered paragraph:
56 16	NEW UNNUMBERED PARAGRAPH.	Notwithstanding section 8.33,
56 17 the moneys appropriated in this section that remain
56 18 unencumbered or unobligated at the close of the fiscal year
56 19 shall not revert but shall remain available for expenditure
56 20 for the purposes designated until the close of the succeeding
56 21 fiscal year.
56 22	Sec. 49.	2005 Iowa Acts, chapter 175, section 29,
56 23 subsection 1, paragraph a, subparagraph (2), is amended to
56 24 read as follows:
56 25	(2)	For the fiscal year beginning July 1, 2005, the total
56 26 state funding amount for the nursing facility budget shall not 56 27 exceed $161,600,000 $168,156,999.	The department, in
56 28 cooperation with nursing facility representatives, shall
56 29 review projections for state funding expenditures for
56 30 reimbursement of nursing facilities on a quarterly basis and
56 31 the department shall determine if an adjustment to the medical
56 32 assistance reimbursement rate is necessary in order to provide
56 33 reimbursement within the state funding amount.	Any temporary
56 34 enhanced federal financial participation that may become
35 available to the Iowa medical assistance program during the
1 fiscal year shall not be used in projecting the nursing
57	2 facility budget.	Notwithstanding 2001 Iowa Acts, chapter 192,
57	3 section 4, subsection 2, paragraph "c", and subsection 3,
57	4 paragraph "a", subparagraph (2), if the state funding
57	5 expenditures for the nursing facility budget for the fiscal
57	6 year beginning July 1, 2005, are projected to exceed the
57	7 amount specified in this subparagraph, the department shall
57	8 adjust the skilled nursing facility market basket inflation
57	9 factor of the reimbursement rate calculation for only the
57 10 nursing facilities reimbursed under the case=mix reimbursement
57 11 system to maintain expenditures of the nursing facility budget
57 12 within the specified amount.
57 13	Sec. 50.	2005 Iowa Acts, chapter 175, section 29,
57 14 subsection 1, paragraph a, is amended by adding the following
57 15 new subparagraph:
57 16	NEW SUBPARAGRAPH.	(4)	For the period of April 1, 2006,
57 17 through June 30, 2006, the department shall apply one=third of
57 18 the skilled nursing facility market basket index to the
57 19 midpoint of the rate period beginning July 1, 2005.	The
57 20 department may adopt emergency rules to implement this
57 21 subparagraph.
57 22	Sec. 51.	NONREVERSION == FY 2007=2008 BASE BUDGET.	For
57 23 purposes of the budget process under section 8.23 for the
57 24 fiscal year beginning July 1, 2007, the base budget amounts
57 25 for the appropriations made to the department of human
57 26 services for the purposes designated in this division of this
57 27 Act shall be adjusted to include the amounts of the
57 28 appropriations made for the same purposes for the fiscal year
57 29 beginning July 1, 2005, that, pursuant to this division of
57 30 this Act, do not revert and remain available for expenditure
57 31 in the succeeding fiscal year.
57 32	Sec. 52.	EFFECTIVE DATES.	The following provisions of
57 33 this division of this Act, being deemed of immediate
57 34 importance, take effect upon enactment:
35	1.	The provision under the appropriation for medical
1 assistance relating to the submission of a medical assistance
58	2 state plan amendment to the centers for Medicare and Medicaid
58	3 services of the United States department of health and human
58	4 services.
58	5	2.	The provision under the appropriation for medical
58	6 assistance relating to the directive to the department of
58	7 human services to apply for participation in the Medicaid
58	8 transformation grants program as specified in the federal
58	9 Deficit Reduction Act of 2005.
58 10	3.	The provision under the appropriation for child and
58 11 family services, relating to requirements of section 232.143
58 12 for representatives of the department of human services and
58 13 juvenile court services to establish a plan for continuing
58 14 group foster care expenditures for the 2006=2007 fiscal year.
58 15	4.	The provision enacting a supplemental appropriation to
58 16 the department of human rights for purposes of the low=income
58 17 home energy assistance program.
58 18	5.	The provision amending 2005 Iowa Acts, chapter 175,
58 19 section 2, subsection 4.
58 20	6.	The provision amending 2005 Iowa Acts, chapter 175,
58 21 section 2, subsection 12.
58 22	7.	The provision amending 2005 Iowa Acts, chapter 175,

58 23 section 3.
58 24	8.	The provision amending 2005 Iowa Acts, chapter 175,
58 25 section 4.
58 26	9.	The provisions amending 2005 Iowa Acts, chapter 175,
58 27 section 9.
58 28	10.	The provision amending 2005 Iowa Acts, chapter 175,
58 29 section 12.
58 30	11.	The provision amending 2005 Iowa Acts, chapter 175,
58 31 section 14, subsection 2.
58 32	12.	The provision amending 2005 Iowa Acts, chapter 175,
58 33 section 16.
58 34	13.	The provision amending 2005 Iowa Acts, chapter 175,
35 section 17.
1	14.	The provision amending 2005 Iowa Acts, chapter 175,
59	2 section 21, subsection 3.
59	3	15.	The provision amending 2005 Iowa Acts, chapter 175,
59	4 section 22.
59	5	16.	The provision amending 2005 Iowa Acts, chapter 175,
59	6 section 23.
59	7	17.	The provision amending 2005 Iowa Acts, chapter 175,
59	8 section 26.
59	9	18.	The provision amending 2005 Iowa Acts, chapter 175,
59 10 section 29, subsection 1, paragraph "a", subparagraph (2).
59 11	Sec. 53.	EFFECTIVE DATE == RETROACTIVE APPLICABILITY.	The
59 12 provision of this division of this Act amending 2005 Iowa
59 13 Acts, chapter 175, section 29, subsection 1, paragraph "a", by
59 14 enacting new subparagraph (4), being deemed of immediate
59 15 importance, takes effect upon enactment and is retroactively
59 16 applicable to April 1, 2006.
59 17	DIVISION II
59 18	SENIOR LIVING TRUST FUND,
59 19	ENDOWMENT FOR IOWA'S HEALTH ACCOUNT,
59 20	PHARMACEUTICAL SETTLEMENT ACCOUNT,
59 21	IOWACARE ACCOUNT, AND HEALTH CARE
59 22	TRANSFORMATION ACCOUNT
59 23	Sec. 54.	DEPARTMENT OF ELDER AFFAIRS.	There is
59 24 appropriated from the senior living trust fund created in
59 25 section 249H.4 to the department of elder affairs for the
59 26 fiscal year beginning July 1, 2006, and ending June 30, 2007,
59 27 the following amount, or so much thereof as is necessary, to
59 28 be used for the purpose designated:
59 29	For the development and implementation of a comprehensive
59 30 senior living program, including case management only if the
59 31 monthly cost per client for case management for the frail
59 32 elderly services provided does not exceed an average of $70,
59 33 and including program administration and costs associated with
59 34 implementation, salaries, support, maintenance, and
35 miscellaneous purposes and for not more than the following
1 full=time equivalent positions:
60	2 .................................................. $	8,296,730
60	3 ............................................... FTEs	3.00
60	4	1.	Of the funds appropriated in this section, $2,196,967
60	5 shall be used for case management for the frail elderly.	Of
60	6 the funds allocated in this subsection, $1,010,000 shall be
60	7 transferred to the department of human services in equal
60	8 amounts on a quarterly basis for reimbursement of case
60	9 management services provided under the medical assistance
60 10 elderly waiver.	The monthly cost per client for case
60 11 management for the frail elderly services provided shall not
60 12 exceed an average of $70.	It is the intent of the general
60 13 assembly that the additional funding provided for case
60 14 management for the frail elderly for the fiscal year beginning
60 15 July 1, 2006, and ending June 30, 2007, shall be used to
60 16 provide case management services for up to an additional 1,650
60 17 individuals.
60 18	2.	Notwithstanding section 249H.7, the department of elder
60 19 affairs shall distribute up to $400,000 of the funds
60 20 appropriated in this section in a manner that will supplement
60 21 and maximize federal funds under the federal Older Americans
60 22 Act and shall not use the amount distributed for any
60 23 administrative purposes of either the department of elder
60 24 affairs or the area agencies on aging.
60 25	Sec. 55.	DEPARTMENT OF INSPECTIONS AND APPEALS.	There is
60 26 appropriated from the senior living trust fund created in
60 27 section 249H.4 to the department of inspections and appeals
60 28 for the fiscal year beginning July 1, 2006, and ending June
60 29 30, 2007, the following amount, or so much thereof as is
60 30 necessary, to be used for the purpose designated:
60 31	For the inspection and certification of assisted living
60 32 facilities and adult day care services, including program
60 33 administration and costs associated with implementation,

60 34 salaries, support, maintenance, and miscellaneous purposes and
35 for not more than the following full=time equivalent
1 positions:
61	2 .................................................. $	758,474
61	3 ............................................... FTEs	5.00
61	4	Sec. 56.	DEPARTMENT OF HUMAN SERVICES.	There is
61	5 appropriated from the senior living trust fund created in
61	6 section 249H.4 to the department of human services for the
61	7 fiscal year beginning July 1, 2006, and ending June 30, 2007,
61	8 the following amounts, or so much thereof as is necessary, to
61	9 be used for the purpose designated:
61 10	1.	To supplement the medical assistance appropriation,
61 11 including program administration and costs associated with
61 12 implementation, salaries, support, maintenance, and
61 13 miscellaneous purposes and for not more than the following
61 14 full=time equivalent positions:
61 15 .................................................. $ 65,000,000
61 16 ............................................... FTEs	5.00
61 17	2.	Notwithstanding sections 249H.4 and 249H.5, the
61 18 department of human services may use moneys from the senior
61 19 living trust fund for cash flow purposes to make payments
61 20 under the nursing facility or hospital upper payment limit
61 21 methodology.	The amount of any moneys so used shall be
61 22 refunded to the senior living trust fund within the same
61 23 fiscal year and in a prompt manner.
61 24	In order to carry out the purposes of this section, the
61 25 department may transfer funds appropriated in this section to
61 26 supplement other appropriations made to the department of
61 27 human services.
61 28	Sec. 57.	IOWA FINANCE AUTHORITY.	There is appropriated
61 29 from the senior living trust fund created in section 249H.4 to
61 30 the Iowa finance authority for the fiscal year beginning July
61 31 1, 2006, and ending June 30, 2007, the following amount, or so
61 32 much thereof as is necessary, to be used for the purposes
61 33 designated:
61 34	To provide reimbursement for rent expenses to eligible
35 persons:
62	1 .................................................. $	700,000
2	Participation in the rent subsidy program shall be limited
62	3 to only those persons who meet the nursing facility level of
62	4 care for home and community=based services waiver services as
62	5 established on or after July 1, 2006.
62	6	Sec. 58.	ENDOWMENT FOR IOWA'S HEALTH ACCOUNT == SENIOR
62	7 LIVING TRUST FUND.	There is appropriated from the endowment
62	8 for Iowa's health account of the tobacco settlement trust fund
62	9 created in section 12E.12 to the senior living trust fund
62 10 created in section 249H.4 for the fiscal year beginning July
62 11 1, 2006, and ending June 30, 2007, the following amount:
62 12 .................................................. $ 25,000,000
62 13	Sec. 59.	PHARMACEUTICAL SETTLEMENT ACCOUNT.	There is
62 14 appropriated from the pharmaceutical settlement account
62 15 created in section 249A.33 to the department of human services
62 16 for the fiscal year beginning July 1, 2006, and ending June
62 17 30, 2007, the following amount, or so much thereof as is
62 18 necessary, to be used for the purpose designated:
62 19	To supplement the appropriations made for medical contracts
62 20 under the medical assistance program:
62 21 .................................................. $	379,000
62 22	Sec. 60.	APPROPRIATIONS FROM IOWACARE ACCOUNT.
62 23	1.	There is appropriated from the IowaCare account created
62 24 in section 249J.24 to the state board of regents for
62 25 distribution to the university of Iowa hospitals and clinics
62 26 for the fiscal year beginning July 1, 2006, and ending June
62 27 30, 2007, the following amount, or so much thereof as is
62 28 necessary, to be used for the purposes designated:
62 29	For salaries, support, maintenance, equipment, and
62 30 miscellaneous purposes, for the provision of medical and
62 31 surgical treatment of indigent patients, for provision of
62 32 services to members of the expansion population pursuant to
62 33 chapter 249J, and for medical education:
62 34 .................................................. $ 27,284,584
35	a.	The university of Iowa hospitals and clinics shall,
1 when medically appropriate, make reasonable efforts to extend
63	2 the university of Iowa hospitals and clinics' use of home
63	3 telemedicine and other technologies to reduce the frequency of
63	4 visits to the hospital required by indigent patients.
63	5	b.	The university of Iowa hospitals and clinics shall
63	6 submit quarterly a report regarding the portion of the
63	7 appropriation in this subsection expended on medical
63	8 education.	The report shall be submitted in a format jointly
63	9 developed by the university of Iowa hospitals and clinics, the

63 10 legislative services agency, and the department of management,
63 11 and shall delineate the expenditures and purposes of the
63 12 funds.
63 13	c.	Funds appropriated in this subsection shall not be used
63 14 to perform abortions except medically necessary abortions, and
63 15 shall not be used to operate the early termination of
63 16 pregnancy clinic except for the performance of medically
63 17 necessary abortions.	For the purpose of this subsection, an
63 18 abortion is the purposeful interruption of pregnancy with the
63 19 intention other than to produce a live=born infant or to
63 20 remove a dead fetus, and a medically necessary abortion is one
63 21 performed under one of the following conditions:
63 22	(1)	The attending physician certifies that continuing the
63 23 pregnancy would endanger the life of the pregnant woman.
63 24	(2)	The attending physician certifies that the fetus is
63 25 physically deformed, mentally deficient, or afflicted with a
63 26 congenital illness.
63 27	(3)	The pregnancy is the result of a rape which is
63 28 reported within 45 days of the incident to a law enforcement
63 29 agency or public or private health agency which may include a
63 30 family physician.
63 31	(4)	The pregnancy is the result of incest which is
63 32 reported within 150 days of the incident to a law enforcement
63 33 agency or public or private health agency which may include a
63 34 family physician.
35	(5)	The abortion is a spontaneous abortion, commonly known
1 as a miscarriage, wherein not all of the products of
64	2 conception are expelled.
64	3	2.	There is appropriated from the IowaCare account created
64	4 in section 249J.24 to the department of human services for
64	5 distribution to a publicly owned acute care teaching hospital
64	6 located in a county with a population over three hundred fifty
64	7 thousand for the fiscal year beginning July 1, 2006, and
64	8 ending June 30, 2007, the following amount, or so much thereof
64	9 as is necessary, to be used for the purposes designated:
64 10	For the provision of medical and surgical treatment of
64 11 indigent patients, for provision of services to members of the
64 12 expansion population pursuant to chapter 249J, and for medical
64 13 education:
64 14 .................................................. $ 40,000,000
64 15	Notwithstanding any provision of law to the contrary, of
64 16 the amount appropriated in this subsection, $37,000,000 shall
64 17 be allocated in twelve equal monthly payments as provided in
64 18 section 249J.24.	Any amount appropriated in this subsection
64 19 in excess of $37,000,000 shall be allocated only if federal
64 20 funds are available to match the amount allocated.
64 21	3.	There is appropriated from the IowaCare account created
64 22 in section 249J.24 to the department of human services for the
64 23 state hospitals for persons with mental illness designated in
64 24 section 226.1 for the fiscal year beginning July 1, 2006, and
64 25 ending June 30, 2007, the following amounts, or so much
64 26 thereof as is necessary, to be used for the purposes
64 27 designated:
64 28	a.	For the state mental health institute at Cherokee, for
64 29 salaries, support, maintenance, and miscellaneous purposes,
64 30 including services to members of the expansion population
64 31 pursuant to chapter 249J:
64 32 .................................................. $	9,098,425
64 33	b.	For the state mental health institute at Clarinda, for
64 34 salaries, support, maintenance, and miscellaneous purposes,
35 including services to members of the expansion population
1 pursuant to chapter 249J:
65	2 .................................................. $	1,977,305
65	3	c.	For the state mental health institute at Independence,
65	4 for salaries, support, maintenance, and miscellaneous
65	5 purposes, including services to members of the expansion
65	6 population pursuant to chapter 249J:
65	7 .................................................. $	9,045,894
65	8	d.	For the state mental health institute at Mount
65	9 Pleasant, for salaries, support, maintenance, and
65 10 miscellaneous purposes, including services to members of the
65 11 expansion population designation pursuant to chapter 249J:
65 12 .................................................. $	5,752,587
65 13	Sec. 61.	APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE
65 14 TRANSFORMATION.	There is appropriated from the account for
65 15 health care transformation created in section 249J.23, to the
65 16 department of human services, for the fiscal year beginning
65 17 July 1, 2006, and ending June 30, 2007, the following amounts,
65 18 or so much thereof as is necessary, to be used for the
65 19 purposes designated:
65 20	1.	For the costs of medical examinations and development

65	
21	
of personal health improvement plans for the expansion		
65	22	population pursuant to section 249J.6:		
65	23	..................................................  $	556,800	
65 24	2.	For the provision of a medical information hotline for
65 25 the expansion population as provided in section 249J.6:
65 26 .................................................. $	150,000
65 27	3.	For the insurance cost subsidy program pursuant to
65 28 section 249J.8:
65 29 .................................................. $	1,500,000
65 30	4.	For the health care account program option pursuant to
65 31 section 249J.8:
65 32 .................................................. $	400,000
65 33	5.	For the use of electronic medical records by medical
65 34 assistance program and expansion population provider network
35 providers pursuant to section 249J.14:
66	1 .................................................. $	2,000,000
2	6.	For other health partnership activities pursuant to
66	3 section 249J.14:
66	4 .................................................. $	550,000
66	5	7.	For the costs related to audits, performance
66	6 evaluations, and studies required pursuant to chapter 249J:
66	7 .................................................. $	100,000
66	8	8.	For administrative costs associated with chapter 249J: 66	9 .................................................. $	930,352
66 10	9.	For development of a case=mix acuity=based
66 11 reimbursement system for intermediate care facilities for
66 12 persons with mental retardation:
66 13 .................................................. $	150,000
66 14	10.	For development of a provider incentive payment
66 15 program to reward performance and quality of service:
66 16 .................................................. $	50,000
66 17	Notwithstanding section 8.39, subsection 1, without the
66 18 prior written consent and approval of the governor and the
66 19 director of the department of management, the director of
66 20 human services may transfer funds among the appropriations
66 21 made in this section, as necessary to carry out the purposes
66 22 of the account for health care transformation.	The department
66 23 shall report any transfers made pursuant to this section to
66 24 the legislative services agency.
66 25	Sec. 62.	TRANSFER FROM ACCOUNT FOR HEALTH CARE
66 26 TRANSFORMATION.	There is transferred from the account for
66 27 health care transformation created pursuant to section
66 28 249J.23, to the IowaCare account created in section 249J.24, a
66 29 total of $3,000,000 for the fiscal year beginning July 1, 66 30 2006, and ending June 30, 2007.
66 31	Sec. 63.	MEDICAL ASSISTANCE PROGRAM == REVERSION TO SENIOR
66 32 LIVING TRUST FUND FOR FY 2006=2007.	Notwithstanding section
66 33 8.33, if moneys appropriated for purposes of the medical
66 34 assistance program for the fiscal year beginning July 1, 2006,
35 and ending June 30, 2007, from the general fund of the state,
1 the senior living trust fund, and the healthy Iowans tobacco
67	2 trust fund are in excess of actual expenditures for the
67	3 medical assistance program and remain unencumbered or
67	4 unobligated at the close of the fiscal year, the excess moneys
67	5 shall not revert but shall be transferred to the senior living
67	6 trust fund created in section 249H.4.	Unless otherwise
67	7 provided in this Act, moneys appropriated for purposes of the
67	8 medical assistance program for the fiscal year beginning July
67	9 1, 2006, and ending June 30, 2007, are not subject to transfer
67 10 under section 8.39 or other provision of law except as
67 11 authorized in this section.
67 12	Sec. 64.	Section 249H.11, Code 2005, is amended to read as
67 13 follows:
67 14	249H.11	FUTURE REPEAL GRANTS == NONREVERSION.
67 15	1.	Section 249H.6 is repealed on June 30, 2005.  However,
67 16 Nursing facility conversion and long=term care services
 67 17 development grants awarded and moneys appropriated for grants
67 18 on or before June 30, 2005, shall be disbursed to eligible
67 19 applicants after that date if necessary.
67 20	2.  Notwithstanding section 8.33, moneys committed from the
 67 21 senior living trust fund to grantees under contract to provide
 67 22 for conversion to assisted living programs or for development
 67 23 of long=term care alternatives that remain unexpended at the
 67 24 close of any fiscal year shall not revert to any fund but
 67 25 shall remain available for expenditure for the purposes of the
 67 26 contract.
67 27	Sec. 65.	2006 Iowa Acts, House File 2347, section 5, is
67 28 amended to read as follows:
67 29	SEC. 5.	APPROPRIATION TRANSFER == HEALTH CARE
67 30 TRANSFORMATION ACCOUNT.	There is appropriated transferred
67 31 from the account for health care transformation created in

67 32 section 249J.23, to the department of human services IowaCare
 67 33 account created in section 249J.24, $2,000,000 for the fiscal
34 year beginning July 1, 2005, and ending June 30, 2006, the
 67 35 following amount, or so much thereof as is necessary, for the
 68  1 purposes designated:
2	For payments to the university of Iowa hospitals and
 68  3 clinics for provision of services pursuant to and for costs
 68  4 associated with chapter 249J:
68	5 .................................................. $  2,000,000
68	6	Notwithstanding section 8.33, moneys appropriated in this
 68  7 section that remain unencumbered or unobligated at the close
 68  8 of the fiscal year shall not revert, but shall remain
 68  9 available for expenditure for the purposes designated until
 68 10 the close of the succeeding fiscal year.
68 11	Sec. 66.	2005 Iowa Acts, chapter 167, section 63,
68 12 subsection 1, is amended to read as follows:
68 13	1.	There is appropriated from the Iowacare IowaCare
68 14 account created in section 249J.23 to the university of Iowa
68 15 hospitals and clinics for the fiscal year beginning July 1,
68 16 2005, and ending June 30, 2006, the following amount, or so
68 17 much thereof as is necessary, to be used for the purposes
68 18 designated:
68 19	For salaries, support, maintenance, equipment, and
68 20 miscellaneous purposes, for the provision of medical and
68 21 surgical treatment of indigent patients, for provision of
68 22 services to members of the expansion population pursuant to
68 23 chapter 249J, as enacted in this Act, and for medical
68 24 education:
68 25 .................................................. $ 27,284,584
68 26	37,862,932
27	Notwithstanding any provision of this Act to the contrary,
 68 28 of the amount appropriated in this subsection, $27,284,584
 68 29 shall be allocated in twelve equal monthly payments as
 68 30 provided in section 249J.23, as enacted in this Act.  Any
 68 31 amount appropriated in this subsection in excess of
 68 32 $27,284,584 shall be allocated only if federal funds are
 68 33 available to match the amount allocated.  Notwithstanding
 68 34 section 8.33, moneys appropriated in this subsection that
 68 35 remain unencumbered or unobligated at the close of the fiscal
 69  1 year shall not revert, but shall remain available for
 69  2 expenditure for the purposes designated until the close of the
 69  3 succeeding fiscal year.
4	Sec. 67.	2005 Iowa Acts, chapter 175, section 48, is
69	5 amended to read as follows:
69	6	SEC. 48.	MEDICAL ASSISTANCE PROGRAM == REVERSION TO SENIOR
69	7 LIVING TRUST FUND FOR FY 2005=2006.	Notwithstanding section
69	8 8.33, if moneys appropriated in this Act for purposes of the
69	9 medical assistance program for the fiscal year beginning July
69 10 1, 2005, and ending June 30, 2006, from the general fund of
69 11 the state, the senior living trust fund, the hospital trust
69 12 fund, or the healthy Iowans tobacco trust fund are in excess
69 13 of actual expenditures for the medical assistance program and
69 14 remain unencumbered or unobligated at the close of the fiscal
69 15 year, the excess moneys shall not revert but shall be
69 16 transferred to the senior living trust fund created in section
69 17 249H.4.	Unless otherwise provided in this Act, moneys
 69 18 appropriated for purposes of the medical assistance program
 69 19 for the fiscal year beginning July 1, 2005, and ending June
 69 20 30, 2006, are not subject to transfer under section 8.39 or
 69 21 other provision of law except as authorized in this section.
69 22	Sec. 68.	EFFECTIVE DATE.	The following provisions of this
69 23 division of this Act, being deemed of immediate importance,
69 24 take effect upon enactment:
69 25	1.	The provision amending 2005 Iowa Acts, chapter 167,
69 26 section 63.
69 27	2.	The provision amending 2005 Iowa Acts, chapter 175,
69 28 section 48.
69 29	3.	The provision amending section 249H.11.
69 30	Sec. 69.	EFFECTIVE DATE == RETROACTIVE APPLICABILITY.	The
69 31 section of this division of this Act amending 2006 Iowa Acts,
69 32 House File 2347, section 5, being deemed of immediate
69 33 importance, takes effect upon enactment and is retroactively
69 34 applicable to March 9, 2006.
35	DIVISION III
1	MENTAL HEALTH, MENTAL RETARDATION,
70	2	DEVELOPMENTAL DISABILITIES,
70	3	AND BRAIN INJURY SERVICES
70	4	ALLOWED GROWTH FUNDING ==
70	5	FISCAL YEAR 2006=2007
70	6	Sec. 70.	2005 Iowa Acts, chapter 179, section 1,
70	7 subsection 1, is amended to read as follows:

70	8	1.	There is appropriated from the general fund of the
70	9 state to the department of human services for the fiscal year
70 10 beginning July 1, 2006, and ending June 30, 2007, the
70 11 following amount, or so much thereof as is necessary, to be
70 12 used for the purpose designated:
70 13	For distribution to counties of the county mental health,
70 14 mental retardation, and developmental disabilities allowed
70 15 growth factor adjustment, as provided in this section in lieu
70 16 of the provisions of section 331.438, subsection 2, and
70 17 section 331.439, subsection 3, and chapter 426B:
70 18 .................................................. $ 35,788,041
70 19	38,888,041
70 20	Sec. 71.	2005 Iowa Acts, chapter 179, section 1,
70 21 subsection 2, paragraph a, is amended to read as follows:
70 22	a.	For distribution to counties for fiscal year 2005=2006
70 23 2006=2007 in accordance with the formula in section 331.438,
70 24 subsection 2, paragraph "b":
70 25 .................................................. $ 12,000,000
70 26	Sec. 72.	2005 Iowa Acts, chapter 179, section 1,
70 27 subsection 2, paragraphs b and c, are amended to read as
70 28 follows:
70 29	b.	For deposit in the per capita expenditure target pool
70 30 created in the property tax relief fund and for distribution
70 31 in accordance with section 426B.5, subsection 1:
70 32 .................................................. $ 19,361,148
70 33	24,461,148
70 34	c.	For deposit in the risk pool created in the property
35 tax relief fund and for distribution in accordance with
1 section 426B.5, subsection 2:
71	2 .................................................. $	2,000,000
71	3	0
71	4	Sec. 73.	2005 Iowa Acts, chapter 179, section 1, is
71	5 amended by adding the following new subsections:
71	6	NEW SUBSECTION.	3.	The following formula amounts shall be
71	7 utilized only to calculate preliminary distribution amounts
71	8 for fiscal year 2006=2007 under this section by applying the
71	9 indicated formula provisions to the formula amounts and
71 10 producing a preliminary distribution total for each county:
71 11	a.	For calculation of an allowed growth factor adjustment
71 12 amount for each county in accordance with the formula in
71 13 section 331.438, subsection 2, paragraph "b":
71 14 .................................................. $ 12,000,000
71 15	b.	For calculation of a distribution amount for eligible
71 16 counties from the per capita expenditure target pool created
71 17 in the property tax relief fund in accordance with the
71 18 requirements in section 426B.5, subsection 1:
71 19 .................................................. $ 32,125,724
71 20	c.	For calculation of a distribution amount for counties
71 21 from the mental health and developmental disabilities (MH/DD)
71 22 community services fund in accordance with the formula
71 23 provided in the appropriation made for the MH/DD community
71 24 services fund for the fiscal year beginning July 1, 2006:
71 25 .................................................. $ 17,727,890
71 26	NEW SUBSECTION.	4.	After applying the applicable
71 27 statutory distribution formulas to the amounts indicated in
71 28 subsection 3 for purposes of producing preliminary
71 29 distribution totals, the department of human services shall
71 30 apply a withholding factor to adjust an eligible individual
71 31 county's preliminary distribution total.	An ending balance
71 32 percentage for each county shall be determined by expressing
71 33 the county's ending balance on a modified accrual basis under
71 34 generally accepted accounting principles for the fiscal year
35 beginning July 1, 2005, in the county's mental health, mental
1 retardation, and developmental disabilities services fund
72	2 created under section 331.424A, as a percentage of the
72	3 county's gross expenditures from that fund for that fiscal
72	4 year.	If a county borrowed moneys for purposes of providing
72	5 services from the county's services fund on or before July 1,
72	6 2005, and the county's services fund ending balance for that
72	7 fiscal year includes the loan proceeds or an amount designated
72	8 in the county budget to service the loan for the borrowed
72	9 moneys, those amounts shall not be considered to be part of
72 10 the county's ending balance for purposes of calculating an
72 11 ending balance percentage under this subsection.	The
72 12 withholding factor for a county shall be the following
72 13 applicable percent:
72 14	a.	For an ending balance percentage of less than 5
72 15 percent, a withholding factor of 0 percent.	In addition, a
72 16 county that is subject to this lettered paragraph shall
72 17 receive an inflation adjustment equal to 3 percent of the
72 18 gross expenditures reported for the county's services fund for

72 19 the fiscal year.
72 20	b.	For an ending balance percentage of 5 or more but less
72 21 than 10 percent, a withholding factor of 0 percent.	In
72 22 addition, a county that is subject to this lettered paragraph
72 23 shall receive an inflation adjustment equal to 2 percent of
72 24 the gross expenditures reported for the county's services fund
72 25 for the fiscal year.
72 26	c.	For an ending balance percentage of 10 or more but less
72 27 than 25 percent, a withholding factor of 25 percent.	However,
72 28 the amount withheld shall be limited to the amount by which
72 29 the county's ending balance was in excess of the ending
72 30 balance percentage of 10 percent.
72 31	d.	For an ending balance percentage of 25 percent or more,
72 32 a withholding percentage of 100 percent.
72 33	NEW SUBSECTION.	5.	The total withholding amounts applied
72 34 pursuant to subsection 4 shall be equal to a withholding
35 target amount of $7,664,576.	If the department of human
1 services determines that the amount to be withheld in
73	2 accordance with subsection 4 is not equal to the target
73	3 withholding amount, the department shall adjust the
73	4 withholding factors listed in subsection 4 as necessary to
73	5 achieve the withholding target amount.	However, in making
73	6 such adjustments to the withholding factors, the department
73	7 shall strive to minimize changes to the withholding factors
73	8 for those ending balance percentage ranges that are lower than
73	9 others and shall not adjust the zero withholding factor or the
73 10 inflation adjustment percentage specified in subsection 4,
73 11 paragraph "a".
73 12	Sec. 74.	EFFECTIVE DATE.	The section of this division of
73 13 this Act amending 2005 Iowa Acts, chapter 179, section 1,
73 14 subsection 2, paragraph "a", being deemed of immediate
73 15 importance, takes effect upon enactment.
73 16	DIVISION IV
73 17	MISCELLANEOUS PROVISIONS
73 18	Sec. 75.	Section 135.2, Code 2005, is amended to read as
73 19 follows:
73 20	135.2	APPOINTMENT OF DIRECTOR AND ACTING DIRECTOR.
73 21	1.  a.	The governor shall appoint the director of the
73 22 department, subject to confirmation by the senate.	The
73 23 director shall serve at the pleasure of the governor.	The
73 24 director is exempt from the merit system provisions of chapter
73 25 8A, subchapter IV.	The governor shall set the salary of the
73 26 director within the range established by the general assembly.
73 27	b.	The director shall possess education and experience in
73 28 public health.
73 29	2.  The director may appoint an employee of the department
 73 30 to be acting director, who shall have all the powers and
 73 31 duties possessed by the director.  The director may appoint
 73 32 more than one acting director but only one acting director
 73 33 shall exercise the powers and duties of the director at any
 73 34 time.
35	Sec. 76.	NEW SECTION.	135.12	OFFICE OF MULTICULTURAL
1 HEALTH == ESTABLISHED == DUTIES.
74	2	The office of multicultural health is established within
74	3 the department.	The office shall be responsible for all of
74	4 the following:
74	5	1.	Providing comprehensive management strategies to
74	6 address culturally and linguistically appropriate services,
74	7 including strategic goals, plans, policies, and procedures,
74	8 and designating staff responsible for implementation.
74	9	2.	Requiring and arranging for ongoing education and
74 10 training for administrative, clinical, and other appropriate
74 11 staff in culturally and linguistically competent health care
74 12 and service delivery.
74 13	3.	Utilizing formal mechanisms for community and consumer
74 14 involvement and coordinating with other state agencies to
74 15 identify resources and programs that affect the health service
74 16 delivery systems.
74 17	Sec. 77.	Section 135.22A, subsection 3, Code Supplement
74 18 2005, is amended to read as follows:
74 19	3.	The council shall be composed of a minimum of nine
74 20 members appointed by the governor in addition to the ex
74 21 officio members, and the governor may appoint additional
74 22 members.	Insofar as practicable, the council shall include
74 23 persons with brain injuries, family members of persons with
74 24 brain injuries, representatives of industry, labor, business,
74 25 and agriculture, representatives of federal, state, and local
74 26 government, and representatives of religious, charitable,
74 27 fraternal, civic, educational, medical, legal, veteran,
74 28 welfare, and other professional groups and organizations.
74 29 Members shall be appointed representing every geographic and

74 30 employment area of the state and shall include members of both
74 31 sexes.	A simple majority of the members appointed by the
 74 32 governor shall constitute a quorum.
74 33	Sec. 78.	Section 135.63, subsection 2, paragraph o, Code
74 34 2005, is amended to read as follows:
35	o.	The change in ownership, licensure, organizational
1 structure, or designation of the type of institutional health
75	2 facility if the health services offered by the successor
75	3 institutional health facility are unchanged.	This exclusion
 75  4 is applicable only if the institutional health facility
 75  5 consents to the change in ownership, licensure, organizational
 75  6 structure, or designation of the type of institutional health
 75  7 facility and ceases offering the health services
 75  8 simultaneously with the initiation of the offering of health
 75  9 services by the successor institutional health facility.
75 10	Sec. 79.	NEW SECTION.	135.105D	BLOOD LEAD TESTING ==
75 11 PROVIDER EDUCATION == PAYOR OF LAST RESORT.
75 12	1.	For purposes of this section:
75 13	a.	"Blood lead testing" means taking a capillary or venous
75 14 sample of blood and sending it to a laboratory to determine
75 15 the level of lead in the blood.
75 16	b.	"Capillary" means a blood sample taken from the finger
75 17 or heel for lead analysis.
75 18	c.	"Health care provider" means a physician who is
75 19 licensed under chapter 148, 150, or 150A, or a person who is
75 20 licensed as a physician assistant under chapter 148C, or as an
75 21 advanced registered nurse practitioner.
75 22	d.	"Venous" means a blood sample taken from a vein in the
75 23 arm for lead analysis.
75 24	2.	The department shall work with health care provider
75 25 associations to educate health care providers regarding
75 26 requirements for testing children who are enrolled in certain
75 27 federally funded programs and regarding department
75 28 recommendations for testing other children for lead poisoning.
75 29	3.	The department shall implement blood lead testing for
75 30 children under six years of age who are not eligible for the
75 31 testing services to be paid by a third=party source.	The
75 32 department shall contract with one or more public health
75 33 laboratories to provide blood lead analysis for such children.
75 34 The department shall establish by rule the procedures for
35 health care providers to submit samples to the contracted
1 public health laboratories for analysis.	The department shall
76	2 also establish by rule a method to reimburse health care
76	3 providers for drawing blood samples from such children and the
76	4 dollar amount that the department will reimburse health care
76	5 providers for the service.	Payment for blood lead analysis
76	6 and drawing blood samples shall be limited to the amount
76	7 appropriated for the program in a fiscal year.
76	8	Sec. 80.	Section 135.109, subsection 3, paragraph b, Code
76	9 2005, is amended to read as follows:
76 10	b.	A licensed physician or nurse who is knowledgeable
76 11 concerning domestic abuse injuries and deaths, including
76 12 suicides.
76 13	Sec. 81.	Section 135.109, subsection 4, Code 2005, is
76 14 amended by adding the following new paragraph:
76 15	NEW PARAGRAPH.	j.	The director of the state law
76 16 enforcement academy.
76 17	Sec. 82.	Section 135.110, subsection 1, paragraph a,
76 18 unnumbered paragraph 1, Code 2005, is amended to read as
76 19 follows:
76 20	Prepare an annual a biennial report for the governor,
76 21 supreme court, attorney general, and the general assembly
76 22 concerning the following subjects:
76 23	Sec. 83.	Section 135.140, subsection 6, paragraph a, Code
76 24 Supplement 2005, is amended by adding the following new
76 25 subparagraphs:
76 26	NEW SUBPARAGRAPH.	(6)	A natural occurrence or incident,
76 27 including but not limited to fire, flood, storm, drought,
76 28 earthquake, tornado, or windstorm.
76 29	NEW SUBPARAGRAPH.	(7)	A man=made occurrence or incident,
76 30 including but not limited to an attack, spill, or explosion.
76 31	Sec. 84.	Section 137.6, subsection 2, paragraph a, Code
76 32 2005, is amended to read as follows:
76 33	a.	Rules of a county board shall become effective upon
34 approval by the county board of supervisors by a motion or
 76 35 resolution as defined in section 331.101, subsection 13, and
1 publication in a newspaper having general circulation in the
77	2 county.
77	3	Sec. 85.	NEW SECTION.	139A.13A	ISOLATION OR QUARANTINE
77	4 == EMPLOYMENT PROTECTION.
77	5	1.	An employer shall not discharge an employee, or take or

77	6 fail to take action regarding an employee's promotion or
77	7 proposed promotion, or take action to reduce an employee's
77	8 wages or benefits for actual time worked, due to the
77	9 compliance of an employee with a quarantine or isolation order
77 10 issued by the department or a local board.
77 11	2.	An employee whose employer violates this section may
77 12 petition the court for imposition of a cease and desist order
77 13 against the person's employer and for reinstatement to the
77 14 person's previous position of employment.	This section does
77 15 not create a private cause of action for relief of money
77 16 damages.
77 17	Sec. 86.	Section 147.82, subsection 3, Code Supplement
77 18 2005, is amended to read as follows:
77 19	3.	The department may annually retain and expend not more
77 20 than one hundred thousand dollars for reduction of the number
77 21 of days necessary to process medical license requests and for
77 22 reduction of the number of days needed for consideration of
77 23 malpractice cases from fees collected pursuant to section
77 24 147.80 by the board of medical examiners in the fiscal year
 77 25 beginning July 1, 2005, and ending June 30, 2006.	Fees
77 26 retained by the department pursuant to this subsection shall
77 27 be considered repayment receipts as defined in section 8.2 and
77 28 shall be used for the purposes described in this subsection.
77 29	Sec. 87.	Section 147.153, subsection 3, Code 2005, is
77 30 amended to read as follows:
77 31	3.	Pass an examination administered as determined by the
77 32 board to assure the applicant's professional competence in
 77 33 speech pathology or audiology by rule.
77 34	Sec. 88.	Section 147.155, Code 2005, is amended to read as
35 follows:
1	147.155	TEMPORARY CLINICAL LICENSE.
78	2	Any person who has fulfilled all of the requirements for
78	3 licensure under this division, except for having completed the
78	4 nine months clinical experience requirement as provided in
78	5 section 147.153, subsection 1 or 2, and the examination as
78	6 provided in section 147.153, subsection 3, may apply to the
78	7 board for a temporary clinical license.	The license shall be
78	8 designated "temporary clinical license in speech pathology" or
78	9 "temporary clinical license in audiology" and shall authorize
78 10 the licensee to practice speech pathology or audiology under
78 11 the supervision of a licensed speech pathologist or licensed
78 12 audiologist, as appropriate.	The license shall be valid for
78 13 one year and may be renewed once at the discretion of the
78 14 board.	The fee for a temporary clinical license shall be set
78 15 by the board to cover the administrative costs of issuing the
78 16 license, and if renewed, a renewal fee as set by the board
78 17 shall be required.	A temporary clinical license shall be
78 18 issued only upon evidence satisfactory to the board that the
78 19 applicant will be supervised by a person licensed as a speech
78 20 pathologist or audiologist, as appropriate.	The board shall
 78 21 revoke any temporary clinical license at any time it
 78 22 determines either that the work done by the temporary clinical
 78 23 licensee or the supervision being given the temporary clinical
 78 24 licensee does not conform to reasonable standards established
 78 25 by the board.
78 26	Sec. 89.	NEW SECTION.	147A.15	AUTOMATED EXTERNAL
78 27 DEFIBRILLATOR EQUIPMENT == PENALTY.
78 28	Any person who damages, wrongfully takes or withholds, or
78 29 removes any component of automated external defibrillator
78 30 equipment located in a public or privately owned location,
78 31 including batteries installed to operate the equipment, is
78 32 guilty of a serious misdemeanor.
78 33	Sec. 90.	Section 148.2, subsection 5, Code 2005, is
78 34 amended to read as follows:
35	5.	Physicians and surgeons of the United States army,
1 navy, or air force, marines, public health service, or other
 79  2 uniformed service when acting in the line of duty in this
79	3 state, and holding a current, active permanent license in good
 79  4 standing in another state, district, or territory of the
 79  5 United States, or physicians and surgeons licensed in another
79	6 state, when incidentally called into this state in
79	7 consultation with a physician and surgeon licensed in this
79	8 state.
79	9	Sec. 91.	Section 149.3, Code 2005, is amended to read as
79 10 follows:
79 11	149.3	LICENSE.
79 12	Every applicant for a license to practice podiatry shall:
79 13	1.	Be a graduate of an accredited high school of podiatry.
79 14	2.	Present a diploma an official transcript issued by a
79 15 school of podiatry approved by the board of podiatry
79 16 examiners.

79 17	3.	Pass an examination in the subjects of anatomy,
 79 18 chemistry, dermatology, diagnosis, pharmacy and materia
 79 19 medica, pathology, physiology, histology, bacteriology,
 79 20 neurology, practical and clinical podiatry, foot orthopedics,
 79 21 and others, as prescribed by the board of podiatry examiners
79 22 as determined by the board by rule.
79 23	4.	Have successfully completed a one=year residency or
 79 24 preceptorship approved by the board of podiatry examiners as
 79 25 determined by the board by rule.	This subsection applies to
79 26 all applicants who graduate from podiatric college on or after 79 27 January 1, 1995.
79 28	Sec. 92.	Section 149.7, unnumbered paragraph 2, Code 2005,
79 29 is amended to read as follows:
79 30	The temporary certificate shall be issued for one year and
79 31 may be renewed, but a person shall not be entitled to practice
79 32 podiatry in excess of three years while holding a temporary
79 33 certificate.	The fee for this certificate shall be set by the
79 34 podiatry examiners and if extended beyond one year a renewal
35 fee per year shall be set by the podiatry examiners.	The fees
1 shall be based on the administrative costs of issuing and
80	2 renewing the certificates.	The podiatry examiners may cancel
 80  3 a temporary certificate at any time, without a hearing, for
 80  4 reasons deemed sufficient to the podiatry examiners.
80	5	Sec. 93.	Section 149.7, unnumbered paragraphs 3 and 4,
80	6 Code 2005, are amended by striking the unnumbered paragraphs.
80	7	Sec. 94.	Section 151.12, Code 2005, is amended to read as
80	8 follows:
80	9	151.12	TEMPORARY CERTIFICATE.
80 10	The chiropractic examiners may, in their discretion, issue
80 11 a temporary certificate authorizing the licensee to practice
80 12 chiropractic if, in the opinion of the chiropractic examiners,
80 13 a need exists and the person possesses the qualifications
80 14 prescribed by the chiropractic examiners for the license,
80 15 which shall be substantially equivalent to those required for
80 16 licensure under this chapter.	The chiropractic examiners
80 17 shall determine in each instance those eligible for this
80 18 license, whether or not examinations shall be given, and the
80 19 type of examinations, and the duration of the license.	No
80 20 requirements of the law pertaining to regular permanent
80 21 licensure are mandatory for this temporary license except as
80 22 specifically designated by the chiropractic examiners.	The
80 23 granting of a temporary license does not in any way indicate
80 24 that the person so licensed is eligible for regular licensure,
80 25 nor are the chiropractic examiners in any way obligated to so
80 26 license the person.
80 27	The temporary certificate shall be issued for one year and
80 28 at the discretion of the chiropractic examiners may be
80 29 renewed, but a person shall not practice chiropractic in
80 30 excess of three years while holding a temporary certificate.
80 31 The fee for this license shall be set by the chiropractic
80 32 examiners and if extended beyond one year a renewal fee per
80 33 year shall be set by the chiropractic examiners.	The fees fee
 80 34 for the temporary license shall be based on the administrative
35 costs of issuing and renewing the licenses.	The chiropractic
 81  1 examiners may cancel a temporary certificate at any time,
 81  2 without a hearing, for reasons deemed sufficient to the
 81  3 chiropractic examiners.
4	When the chiropractic examiners cancel a temporary
 81  5 certificate they shall promptly notify the licensee by
 81  6 registered mail, at the licensee's last=named address, as
 81  7 reflected by the files of the chiropractic examiners, and the
 81  8 temporary certificate is terminated and of no further force
 81  9 and effect three days after the mailing of the notice to the
 81 10 licensee.
81 11	Sec. 95.	Section 154.3, subsection 1, Code 2005, is
81 12 amended to read as follows:
81 13	1.	Every applicant for a license to practice optometry
81 14 shall:
81 15	a.	Present satisfactory evidence of a preliminary
 81 16 education equivalent to at least four years study in an
 81 17 accredited high school or other secondary school.	Be a
 81 18 graduate of an accredited school of optometry.
81 19	b.	Present a diploma from an official transcript issued by
81 20 an accredited school of optometry.
81 21	c.	Pass an examination prescribed by the optometry
 81 22 examiners in the subjects of physiology of the eye, optical
 81 23 physics, anatomy of the eye, ophthalmology, and practical
 81 24 optometry as determined by the board by rule.
81 25	Sec. 96.	Section 154B.6, subsection 3, Code 2005, is
81 26 amended to read as follows:
81 27	3.	Have not failed the examination required in subsection

81 28 2 within the six months next sixty days preceding the date of
81 29 the subsequent examination.
81 30	The examinations required in this section may, at the
81 31 discretion of the board, be waived for holders by examination
81 32 of licenses or certificates from states whose requirements are
81 33 substantially equivalent to those of this chapter, and for
81 34 holders by examination of specialty diplomas from the American
35 board of professional psychology.
1	Any person who within one year after July 1, 1975, meets
 82  2 the requirements specified in subsection 1 shall receive
 82  3 licensure without having passed the examination required in
 82  4 subsection 2 if application for licensure is filed with the
 82  5 board of psychology examiners before July 1, 1977.  Any person
 82  6 holding a certificate as a psychologist from the board of
 82  7 examiners of the Iowa psychological association on July 1,
 82  8 1977, who applies for certification before July 1, 1975, shall
 82  9 receive certification.
82 10	Sec. 97.	Section 154D.2, subsection 2, paragraph b, Code
82 11 Supplement 2005, is amended to read as follows:
82 12	b.	Has at least two years of supervised clinical
82 13 experience or its equivalent in assessing mental health needs
82 14 and problems and in providing appropriate mental health
82 15 services as approved by the board.	Standards for supervision,
82 16 including the required qualifications for supervisors, shall
82 17 be determined by the board by rule.
82 18	Sec. 98.	NEW SECTION.	154E.3A	TEMPORARY LICENSE.
82 19	Beginning July 1, 2007, an individual who does not meet the
82 20 requirements for licensure by examination pursuant to section
82 21 154E.3 may apply for or renew a temporary license.	The
82 22 temporary license shall authorize the licensee to practice as
82 23 a sign language interpreter or transliterator under the direct
82 24 supervision of a sign language interpreter or transliterator
82 25 licensed pursuant to section 154E.3.	The temporary license
82 26 shall be valid for two years and may only be renewed one time
82 27 in accordance with standards established by rule.	An
82 28 individual shall not practice for more than a total of four
82 29 years under a temporary license.	The board may revoke a
82 30 temporary license if it determines that the temporary licensee
82 31 has violated standards established by rule.	The board may
82 32 adopt requirements for temporary licensure to implement this
82 33 section.
82 34	Sec. 99.	Section 154E.4, subsection 2, Code Supplement
35 2005, is amended by adding the following new paragraph:
1	NEW PARAGRAPH.	e.	Students enrolled in a school of
83	2 interpreting may interpret only under the direct supervision
83	3 of a permanently licensed interpreter as part of the student's
83	4 course of study.
83	5	Sec. 100.	Section 157.2, subsection 1, paragraph e, Code
83	6 Supplement 2005, is amended to read as follows:
83	7	e.	Employees and residents of hospitals, health care
83	8 facilities, orphans' homes, juvenile homes, and other similar
83	9 facilities who shampoo, arrange, dress, or curl the hair of
83 10 perform cosmetology services for any resident without
83 11 receiving direct compensation from the person receiving the
83 12 service.
83 13	Sec. 101.	Section 157.2, subsection 1, Code Supplement
83 14 2005, is amended by adding the following new paragraph:
83 15	NEW PARAGRAPH.	ee.	Volunteers for and residents of health
83 16 care facilities, orphans' homes, juvenile homes, and other
83 17 similar facilities who shampoo, arrange, dress, or curl the
83 18 hair, apply makeup, or polish the nails of any resident
83 19 without receiving compensation from the person receiving the
83 20 service.
83 21	Sec. 102.	Section 157.10, subsection 1, Code 2005, is
83 22 amended to read as follows:
83 23	1.	The course of study required for licensure for the
83 24 practice of cosmetology shall be two thousand one hundred
83 25 clock hours, or seventy semester credit hours or the
83 26 equivalent thereof as determined pursuant to administrative
83 27 rule and regulations promulgated by the United States
83 28 department of education.	The clock hours, and equivalent
83 29 number of semester credit hours or the equivalent thereof as
83 30 determined pursuant to administrative rule and regulations
83 31 promulgated by the United States department of education, of a
83 32 course of study required for licensure for the practices of
83 33 electrology, esthetics, and nail technology, manicuring, and
 83 34 pedicuring shall be established by the board.	The board shall
35 adopt rules to define the course and content of study for each
1 practice of cosmetology arts and sciences.
84	2	Sec. 103.	Section 157.13, subsection 1, Code Supplement
84	3 2005, is amended by striking the subsection and inserting in

84	4 lieu thereof the following:
84	5	1.	It is unlawful for a person to employ an individual to
84	6 practice cosmetology arts and sciences unless that individual
84	7 is licensed or has obtained a temporary permit under this
84	8 chapter.	It is unlawful for a licensee to practice with or
84	9 without compensation in any place other than a licensed salon,
84 10 a licensed school of cosmetology arts and sciences, or a
84 11 licensed barbershop as defined in section 158.1.	The
84 12 following exceptions to this subsection shall apply:
84 13	a.	A licensee may practice at a location which is not a
84 14 licensed salon, school of cosmetology arts and sciences, or
84 15 licensed barbershop under extenuating circumstances arising
84 16 from physical or mental disability or death of a customer.
84 17	b.	Notwithstanding section 157.12, when the licensee is
84 18 employed by a physician and provides cosmetology services at
84 19 the place of practice of a physician and is under the
84 20 supervision of a physician licensed to practice pursuant to 84 21 chapter 148, 150, or 150A.
84 22	c.	When the practice occurs in a facility licensed
84 23 pursuant to chapter 135B or 135C.
84 24	Sec. 104.	Section 157.13, Code Supplement 2005, is amended
84 25 by adding the following new subsection:
84 26	NEW SUBSECTION.	1A.	It is unlawful for a licensee to
84 27 claim to be a licensed barber, however a licensed
84 28 cosmetologist may work in a licensed barbershop.	It is
84 29 unlawful for a person to employ a licensed cosmetologist,
84 30 esthetician, or electrologist to perform the services
84 31 described in section 157.3A if the licensee has not received
84 32 the additional training and met the other requirements
84 33 specified in section 157.3A.
84 34	Sec. 105.	Section 225B.8, Code 2005, is amended to read as
35 follows:
1	225B.8	REPEAL.
85	2	This chapter is repealed July 1, 2006 2011.
85	3	Sec. 106.	Section 231.23, Code Supplement 2005, is amended
85	4 by adding the following new subsections:
85	5	NEW SUBSECTION.	13.	Provide annual training for area
85	6 agency on aging board of directors members.
85	7	NEW SUBSECTION.	14.	Establish a procedure for an area
85	8 agency on aging to use in selection of members of the agency's
85	9 board of directors.	The selection procedure shall be
85 10 incorporated into the bylaws of the board of directors and
85 11 shall include a nomination process by which nominations are
85 12 submitted to the department, objections to a nominee may be
85 13 submitted to the department by a date certain, and if at least
85 14 twenty=five objections to a nominee are received by the
85 15 department, the nominee shall be eliminated from nomination
85 16 for that term of membership.
85 17	NEW SUBSECTION.	15.	Provide oversight to ensure that the
85 18 composition of the area agency on aging board of directors
85 19 complies with the rules of the department.
85 20	Sec. 107.	Section 231.33, Code Supplement 2005, is amended
85 21 by adding the following new subsections:
85 22	NEW SUBSECTION.	19.	Require the completion by board of
85 23 directors members, annually, of four hours of training,
85 24 provided by the department of elder affairs.
85 25	NEW SUBSECTION.	20.	Incorporate into the bylaws of the
85 26 area agency's board of directors and comply with the procedure
85 27 established by the department for selection of members to the
85 28 board of directors as provided in section 231.23.
85 29	Sec. 108.	Section 237A.5, subsection 2, paragraph a,
85 30 subparagraph (1), Code 2005, is amended to read as follows:
85 31	(1)	"Person subject to an evaluation" a record check"
85 32 means a person who has committed a transgression and who is
85 33 described by any of the following:
85 34	(a)	The person is being considered for licensure or
35 registration or is registered or licensed under this chapter.
1	(b)	The person is being considered by a child care
86	2 facility for employment involving direct responsibility for a
86	3 child or with access to a child when the child is alone or is
86	4 employed with such responsibilities.
86	5	(c)	The person will reside or resides in a child care
86	6 facility.
86	7	(d)	The person has applied for or receives public funding
86	8 for providing child care.
86	9	(e)	The person will reside or resides in a child care home
86 10 that is not registered under this chapter but that receives
86 11 public funding for providing child care.
86 12	Sec. 109.	Section 237A.5, subsection 2, paragraph a, Code
86 13 2005, is amended by adding the following new subparagraph:
86 14	NEW SUBPARAGRAPH.	(1A)	"Person subject to an evaluation"

86 15 means a person subject to a record check whose record
86 16 indicates that the person has committed a transgression.
86 17	Sec. 110.	Section 237A.5, subsection 2, Code 2005, is
86 18 amended by adding the following new paragraph:
86 19	NEW PARAGRAPH.	aa.	If an individual person subject to a
86 20 record check is being considered for employment by a child
86 21 care facility or child care home, in lieu of requesting a
86 22 record check to be conducted by the department under paragraph
86 23 "b", the child care facility or child care home may access the
86 24 single contact repository established pursuant to section
86 25 135C.33 as necessary to conduct a criminal and child abuse
86 26 record check of the individual.	A copy of the results of the
86 27 record check conducted through the single contact repository
86 28 shall also be provided to the department.	If the record check
86 29 indicates the individual is a person subject to an evaluation,
86 30 the child care facility or child care home may request that
86 31 the department perform an evaluation as provided in this
86 32 subsection.	Otherwise, the individual shall not be employed
86 33 by the child care facility or child care home.
86 34	Sec. 111.	Section 237A.5, subsection 2, paragraph b, Code
35 2005, is amended to read as follows:
1	b.	The Unless a record check has already been conducted in
 87  2 accordance with paragraph "aa", the department shall conduct a
87	3 criminal and child abuse record checks check in this state for
 87  4 a person who is subject to a record check and may conduct
87	5 these checks such a check in other states.	In addition, the
87	6 department may conduct a dependent adult abuse, sex offender
87	7 registry, and or other public or civil offense record checks
87	8 check in this state or in other states for a person who is
 87  9 subject to a record check.	If the department a record check
 87 10 performed pursuant to this paragraph identifies an individual
87 11 as a person subject to an evaluation, an evaluation shall be
87 12 performed to determine whether prohibition of the person's
87 13 involvement with child care is warranted.	The evaluation
87 14 shall be performed in accordance with procedures adopted for
87 15 this purpose by the department.
87 16	Prior to performing an evaluation, the department shall
87 17 notify the affected person, licensee, registrant, or child
87 18 care home applying for or receiving public funding for
87 19 providing child care, that an evaluation will be conducted to
87 20 determine whether prohibition of the person's involvement with
87 21 child care is warranted.
87 22	Sec. 112.	Section 249J.5, Code Supplement 2005, is amended
87 23 by adding the following new subsection:
87 24	NEW SUBSECTION.	9.	Following initial enrollment, an
87 25 expansion population member shall reenroll annually by the
87 26 last day of the month preceding the month in which the
87 27 expansion population member initially enrolled.	The
87 28 department may provide a process for automatic reenrollment of
87 29 expansion population members.
87 30	Sec. 113.	Section 249J.6, subsection 2, paragraph a, Code
87 31 Supplement 2005, is amended to read as follows:
87 32	a.	Beginning no later than March 1, 2006, within ninety
 87 33 days of enrollment in the expansion population, each Each
34 expansion population member who enrolls or reenrolls in the
 87 35 expansion population on or after January 31, 2007, shall
1 participate, in conjunction with receiving a single
88	2 comprehensive medical examination and completing a personal
88	3 health improvement plan, in a health risk assessment
88	4 coordinated by a health consortium representing providers,
88	5 consumers, and medical education institutions.	An expansion
 88  6 population member who enrolls in the expansion population
 88  7 prior to March 1, 2006, shall participate in the health risk
 88  8 assessment, receive the single comprehensive medical
 88  9 examination, and complete the personal health improvement plan
 88 10 by June 1, 2006.	The criteria for the health risk assessment,
88 11 the comprehensive medical examination, and the personal health
88 12 improvement plan shall be developed and applied in a manner
88 13 that takes into consideration cultural variations that may
88 14 exist within the expansion population.	The health risk
 88 15 assessment shall utilize a gender=specific approach.  In
 88 16 developing the queries unique to women, a clinical advisory
 88 17 team shall be utilized that includes women's health
 88 18 professionals including but not limited to those with
 88 19 specialties in obstetrics and gynecology, endocrinology,
 88 20 mental health, behavioral health, oncology, cardiology, and
 88 21 rheumatology.
88 22	Sec. 114.	Section 249J.6, subsection 2, Code Supplement
88 23 2005, is amended by adding the following new paragraphs:
88 24	NEW PARAGRAPH.	d.	Following completion of an initial
88 25 health risk assessment, comprehensive medical examination, and

88 26 personal health improvement plan, an expansion population
88 27 member may complete subsequent assessments, examinations, or
88 28 plans with the recommendation and approval of a provider
88 29 specified in paragraph "c".
88 30	NEW PARAGRAPH.	e.	Refusal of an expansion population
88 31 member to participate in a health risk assessment,
88 32 comprehensive medical examination, or personal health
88 33 improvement plan shall not be a basis for ineligibility for or
88 34 disenrollment from the expansion population.
35	Sec. 115.	Section 249J.8, subsections 1 and 2, Code
1 Supplement 2005, are amended to read as follows:
89	2	1.	Beginning July 1, 2005, each expansion population
89	3 member whose family income equals or exceeds one hundred
89	4 percent of the federal poverty level as defined by the most
89	5 recently revised poverty income guidelines published by the
89	6 United States department of health and human services shall
89	7 pay a monthly premium not to exceed one=twelfth of five
89	8 percent of the member's annual family income, and each
89	9 expansion population member whose family income is less than
89 10 one hundred percent of the federal poverty level as defined by
89 11 the most recently revised poverty income guidelines published
89 12 by the United States department of health and human services
89 13 shall pay a monthly premium not to exceed one=twelfth of two
89 14 percent of the member's annual family income.	All premiums
89 15 shall be paid on the last day of the month of coverage.	The
89 16 department shall deduct the amount of any monthly premiums
89 17 paid by an expansion population member for benefits under the
89 18 healthy and well kids in Iowa program when computing the
89 19 amount of monthly premiums owed under this subsection.	An
89 20 expansion population member shall pay the monthly premium
89 21 during the entire period of the member's enrollment.	However,
 89 22 regardless Regardless of the length of enrollment, the member
89 23 is subject to payment of the premium for a minimum of four
89 24 consecutive months.	However, an expansion population member
 89 25 who complies with the requirement of payment of the premium
 89 26 for a minimum of four consecutive months during a consecutive
 89 27 twelve=month period of enrollment shall be deemed to have
 89 28 complied with this requirement for the subsequent consecutive
 89 29 twelve=month period of enrollment and shall only be subject to
 89 30 payment of the monthly premium on a month=by=month basis.
89 31 Timely payment of premiums, including any arrearages accrued
89 32 from prior enrollment, is a condition of receiving any
89 33 expansion population services.	Premiums collected under this
89 34 subsection shall be deposited in the premiums subaccount of
35 the account for health care transformation created pursuant to
1 section 249J.23.	An expansion population member shall also
90	2 pay the same copayments required of other adult recipients of
90	3 medical assistance.
90	4	2.	The department may reduce the required out=of=pocket
90	5 expenditures for an individual expansion population member
90	6 based upon the member's increased wellness activities such as
90	7 smoking cessation or compliance with the personal health
90	8 improvement plan completed by the member.	The department
90	9 shall also waive the required out=of=pocket expenditures for
90 10 an individual expansion population member based upon a
90 11 hardship that would accrue from imposing such required
90 12 expenditures.	Information regarding the premium payment
 90 13 obligation and the hardship exemption, including the process
 90 14 by which a prospective enrollee may apply for the hardship
 90 15 exemption, shall be provided to a prospective enrollee at the
 90 16 time of application.  The prospective enrollee shall
 90 17 acknowledge, in writing, receipt and understanding of the
 90 18 information provided.
90 19	Sec. 116.	Section 249J.20, subsection 5, Code Supplement
90 20 2005, is amended to read as follows:
90 21	5.	The department of human services, the department of
90 22 management, and the legislative services agency shall utilize
90 23 a joint process to arrive at an annual consensus projection
90 24 for medical assistance program and expansion population
90 25 expenditures for submission to the council.	By December 15 of
90 26 each fiscal year, the council shall agree to a review the
 90 27 consensus projection of expenditures for the fiscal year
90 28 beginning the following July 1, based upon the consensus
 90 29 projection submitted.
90 30	Sec. 117.	Section 249J.24, subsections 1 and 6, Code
90 31 Supplement 2005, are amended to read as follows:
90 32	1.	An IowaCare account is created in the state treasury
90 33 under the authority of the department of human services.
90 34 Moneys appropriated from the general fund of the state to the
35 account, moneys received as federal financial participation
1 funds under the expansion population provisions of this

91	2 chapter and credited to the account, moneys received for
91	3 disproportionate share hospitals and credited to the account,
91	4 moneys received for graduate medical education and credited to
91	5 the account, proceeds transferred distributed from the county
91	6 treasurer as specified in subsection 6, and moneys from any
91	7 other source credited to the account shall be deposited in the
91	8 account.	Moneys deposited in or credited to the account shall
91	9 be used only as provided in appropriations or distributions
91 10 from the account for the purposes specified in the
91 11 appropriation or distribution.	Moneys in the account shall be
91 12 appropriated to the university of Iowa hospitals and clinics,
91 13 to a publicly owned acute care teaching hospital located in a
91 14 county with a population over three hundred fifty thousand,
91 15 and to the state hospitals for persons with mental illness
91 16 designated pursuant to section 226.1 for the purposes provided
91 17 in the federal law making the funds available or as specified
91 18 in the state appropriation and shall be distributed as
91 19 determined by the department.
91 20	6.	a.	Notwithstanding any provision to the contrary, from
 91 21 each semiannual for the collection of taxes levied under
91 22 section 347.7 for which the collection is performed after July
91 23 1, 2005, the county treasurer of a county with a population
91 24 over three hundred fifty thousand in which a publicly owned
91 25 acute care teaching hospital is located shall transfer
91 26 distribute the proceeds collected pursuant to section 347.7 in
91 27 a total amount of thirty=four million dollars annually, which
91 28 would otherwise be distributed to the county hospital, to the
91 29 treasurer of state for deposit in the IowaCare account under
91 30 this section as follows:
31	(1)  The first seventeen million dollars in collections
 91 32 pursuant to section 347.7 between July 1 and December 31
 91 33 annually shall be distributed to the treasurer of state for
 91 34 deposit in the IowaCare account and collections during this
 91 35 time period in excess of seventeen million dollars shall be
 92  1 distributed to the acute care teaching hospital identified in
 92  2 this subsection.
3	(2)  The first seventeen million dollars in collections
 92  4 pursuant to section 347.7 between January 1 and June 30
 92  5 annually shall be distributed to the treasurer of state for
 92  6 deposit in the IowaCare account and collections during this
 92  7 time period in excess of seventeen million dollars shall be
 92  8 distributed to the acute care teaching hospital identified in
 92  9 this subsection.
92 10	b.	The board of trustees of the acute care teaching
92 11 hospital identified in this subsection and the department
92 12 shall execute an agreement under chapter 28E by July 1, 2005,
92 13 and annually by July 1, thereafter, to specify the
92 14 requirements relative to transfer distribution of the proceeds
92 15 and the distribution of moneys to the hospital from the
92 16 IowaCare account.	The agreement shall include provisions
92 17 relating to exceptions to the deadline for submission of clean
92 18 claims as required pursuant to section 249J.7 and provisions
92 19 relating to data reporting requirements regarding the
92 20 expansion population.	The agreement may also include a
92 21 provision allowing such hospital to limit access to such
92 22 hospital by expansion population members based on residency of
92 23 the member, if such provision reflects the policy of such
92 24 hospital regarding indigent patients existing on April 1,
92 25 2005, as adopted by its board of hospital trustees pursuant to
92 26 section 347.14, subsection 4.
92 27	c.	Notwithstanding the specified amount of proceeds to be
92 28 transferred distributed under this subsection, if the amount
92 29 allocated that does not require federal matching funds under
92 30 an appropriation in a subsequent fiscal year to such hospital
92 31 for medical and surgical treatment of indigent patients, for
92 32 provision of services to expansion population members, and for
92 33 medical education, is reduced from the amount allocated that
92 34 does not require federal matching funds under the
35 appropriation for the fiscal year beginning July 1, 2005, the
1 amount of proceeds required to be transferred distributed
93	2 under this subsection in that subsequent fiscal year shall be
93	3 reduced in the same amount as the amount allocated that does
93	4 not require federal matching funds under that appropriation.
93	5	Sec. 118.	NEW SECTION.	263.23	OBLIGATIONS TO INDIGENT
93	6 PATIENTS.
93	7	The university of Iowa hospitals and clinics shall continue
93	8 the obligation existing on April 1, 2005, to provide care or
93	9 treatment at the university of Iowa hospitals and clinics to
93 10 indigent patients and to any inmate, student, patient, or
93 11 former inmate of a state institution as specified in sections
93 12 263.21 and 263.22, with the exception of the specific

93 13 obligation to committed indigent patients pursuant to section 93 14 255.16, Code 2005.
93 15	Sec. 119.	Section 272C.1, subsection 6, Code Supplement
93 16 2005, is amended by adding the following new paragraph:
93 17	NEW PARAGRAPH.	ad.	The director of public health in
93 18 certifying emergency medical care providers and emergency
93 19 medical care services pursuant to chapter 147A.
93 20	Sec. 120.	Section 691.6, Code Supplement 2005, is amended
93 21 by adding the following new subsection:
93 22	NEW SUBSECTION.	8.	To retain tissues, organs, and bodily
93 23 fluids as necessary to determine the cause and manner of death
93 24 or as deemed advisable by the state medical examiner for
93 25 medical or public health investigation, teaching, or research.
93 26 Tissues, organs, and bodily fluids shall be properly disposed
93 27 of by following procedures and precautions for handling
93 28 biologic material and blood=borne pathogens as established by
93 29 rule.
93 30	Sec. 121.	CHILD SUPPORT RECOVERY UNIT REPORT ==
93 31 LIMITATION.	If 2006 Iowa Acts, House File 2332, is enacted,
93 32 the section of the Act relating to the child support recovery
93 33 unit submitting a report on the effects of the nonsupport
93 34 provision under section 726.5, as amended in that Act, shall
35 be limited in scope to cases in which the child support
1 recovery unit is providing services pursuant to chapter 252B.
94	2	Sec. 122.	2004 Iowa Acts, chapter 1175, section 432,
94	3 subsection 3, is amended to read as follows:
94	4	3.	Applicants issued a temporary license pursuant to this
94	5 section shall pass a licensure examination approved by the
94	6 board on or before July 1, 2007, in order to remain licensed
 94  7 as an interpreter qualify to be licensed by examination.
94	8	Sec. 123.	TRAVEL POLICY.
94	9	1.	For the fiscal year beginning July 1, 2006, each
94 10 department or independent agency receiving an appropriation in
94 11 this Act shall review the employee policy for daily or short=
94 12 term travel including but not limited to the usage of motor
94 13 pool vehicles under the department of administrative services,
94 14 employee mileage reimbursement for the use of a personal
94 15 vehicle, and the usage of private automobile rental companies.
94 16 Following the review, the department or agency shall implement
94 17 revisions in the employee policy for daily or short=term
94 18 travel as necessary to maximize cost savings.
94 19	2.	Each department or independent agency subject to
94 20 subsection 1 shall report to the general assembly's standing
94 21 committees on government oversight regarding the policy
94 22 revisions implemented and the savings realized from the
94 23 changes.	An initial report shall be submitted on or before
94 24 December 1, 2006, and a follow=up report shall be submitted on
94 25 or before December 1, 2007.
94 26	Sec. 124.	VETERANS TRUST FUND == FEDERAL REPLACEMENT
94 27 FUNDS.	If funds are received from the United States
94 28 department of veterans affairs for the establishment and
94 29 operation of a veterans cemetery in this state, a portion of
94 30 those funds, not to exceed $500,000, shall be credited to the
94 31 general fund of the state, and the remainder is appropriated
94 32 to and shall be deposited in the veterans trust fund
94 33 established in section 35A.13, subject to the requirements of
94 34 this section and consistent with any federal requirements
35 associated with such funds.	The portion deposited in the
1 veterans trust fund shall be equal to moneys expended for the
95	2 establishment and operation of a veterans cemetery from moneys
95	3 appropriated for that purpose pursuant to 2004 Iowa Acts,
95	4 chapter 1175, section 288, subsection 16.
95	5	Sec. 125.	SINGLE POINT OF ENTRY LONG=TERM LIVING SYSTEM
95	6 INTERIM STUDY COMMITTEE.	The legislative council is requested
95	7 to establish an interim study committee to make
95	8 recommendations for establishing a single point of entry to
95	9 the long=term living system.	The membership of the interim
95 10 study committee shall include four members of the senate,
95 11 three members of the house of representatives, and not more
95 12 than four members of the public.	The study committee shall
95 13 report its findings and recommendations, including
95 14 recommendations for coordinating state efforts to provide
95 15 access to informational and educational resources to assist
95 16 individuals in making informed choices to address their long=
95 17 term living needs and recommendations for funding the single
95 18 point of entry, to the general assembly for consideration
95 19 during the 2007 Legislative Session.
95 20	Sec. 126.	Section 157.5A, Code 2005, is repealed.
95 21	Sec. 127.	EFFECTIVE DATE.	The provisions of this division
95 22 of this Act amending sections 249J.5, 249J.8, 249J.20, and
95 23 249J.24, being deemed of immediate importance, take effect

95 24 upon enactment.
95 25	Sec. 128.	EFFECTIVE DATE == RETROACTIVE APPLICABILITY.
95 26 The sections of this division of this Act amending section
95 27 249J.6, being deemed of immediate importance, take effect upon
95 28 enactment and are retroactively applicable to March 1, 2006.
95 29
95 30
95 31
95 32	CHRISTOPHER C. RANTS
95 33	Speaker of the House
95 34
35
1
96	2	JEFFREY M. LAMBERTI
96	3	President of the Senate
96	4
96	5	I hereby certify that this bill originated in the House and
96	6 is known as House File 2734, Eighty=first General Assembly. 96	7
96	8
96	9
96 10	MARGARET THOMSON
96 11	Chief Clerk of the House
96 12 Approved	, 2006
96 13
96 14
96 15  	
96 16 THOMAS J. VILSACK
96 17 Governor