House File 529

                                       HOUSE FILE       
                                       BY  COMMITTEE ON HUMAN RESOURCES

                                       (SUCCESSOR TO HF 221)
                                       (COMPANION TO LSB 2107SS
                                        BY HOUSER)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act directing the mental health and developmental disabilities
  2    commission to make recommendations for redesigning the mental
  3    health and developmental disabilities services system for
  4    adults and providing an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 HF 529
  7 jp/es/25

PAG LIN

  1  1    Section 1.  MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  1  2 SERVICES SYSTEM REDESIGN.
  1  3    In fulfilling the mental health and developmental
  1  4 disabilities commission's duty under section 225C.6,
  1  5 subsection 1, paragraph "q", the commission shall submit a
  1  6 report containing recommendations in accordance with this
  1  7 section to the governor and general assembly on or before
  1  8 December 31, 2003, for redesign of the state's mental health
  1  9 and developmental disabilities services system for adults.
  1 10 The commission shall address all of the following system
  1 11 components in the report and recommendations:
  1 12    1.  STANDARD CLINICAL AND FINANCIAL ELIGIBILITY.
  1 13    The commission shall do all of the following:
  1 14    a.  Propose a standard set of clinical and diagnostic
  1 15 eligibility requirements for use in determining which
  1 16 individuals will be covered for defined core services,
  1 17 including but not limited to, general clinical eligibility
  1 18 standards, service access criteria, level of care
  1 19 requirements, and terminology changes.
  1 20    b.  Propose financial eligibility criteria for qualifying
  1 21 covered individuals, including guidelines for resources,
  1 22 copayments, income, and assets.
  1 23    c.  Identify the total projected cost for all counties to
  1 24 adopt the standardized clinical and financial eligibility
  1 25 requirements and criteria proposed by the commission.
  1 26    2.  MINIMUM SET OF CORE SERVICES.
  1 27    The commission shall do all of the following:
  1 28    a.  Identify a minimum set of core services to be provided
  1 29 by each county.  This core set of services shall be available
  1 30 statewide.  An individual's eligibility for core services
  1 31 shall be based on consistent clinical criteria and service
  1 32 necessity.
  1 33    b.  Identify the total projected cost for all counties to
  1 34 make the core services available.
  1 35    c.  Design the core set of services as a replacement for
  2  1 the current statutory mandates for services.  The purpose of
  2  2 replacing the current statutory mandates with the core set of
  2  3 services is to shift the emphasis to community=based services
  2  4 by providing covered individuals a reasonable level of choice
  2  5 to meet their individual needs within available funding.  The
  2  6 initial set of core services considered by the commission
  2  7 shall include all of the following community=based services:
  2  8    (1)  Mental health outpatient treatment.
  2  9    (2)  Inpatient psychiatric evaluation and treatment at
  2 10 county=designated facilities.
  2 11    (3)  Service coordination and case management.
  2 12    (4)  Vocational services.
  2 13    (5)  Residential services.
  2 14    3.  FUNDING FOLLOWS THE COVERED INDIVIDUAL.
  2 15    The commission shall include a process by which funding
  2 16 follows the covered individual among the options considered,
  2 17 including but not limited to the following:
  2 18    a.  Develop a new formula that allows public funding to
  2 19 follow the covered individual regardless of categorical
  2 20 funding.  Distribution of state funds shall be based on a
  2 21 matrix of disability=related reimbursement rate cells.  Each
  2 22 cell shall specify a reimbursement rate based on disability
  2 23 group and level of functioning.  The funding formula shall
  2 24 take into account the number of covered individuals enrolled
  2 25 in each county and the average cost of services provided to
  2 26 covered individuals in each cell.  The formula shall
  2 27 incorporate all of the following principles:
  2 28    (1)  Each county will receive a quarterly allotment equal
  2 29 to the product of the average costs per cell times the number
  2 30 of individuals enrolled in each cell during the previous
  2 31 quarter.  To accommodate cash flow needs of counties and
  2 32 reduce the level of fund balances counties need to maintain,
  2 33 the state would make payments at the beginning of each quarter
  2 34 based on the anticipated number of covered individuals, with a
  2 35 reconciliation in the next quarter to the actual number of
  3  1 covered individuals.
  3  2    (2)  Increasing overall state funding levels in proportion
  3  3 to county funding levels.
  3  4    (3)  Allocating any increased state funding to achieve
  3  5 statewide equity in service access.
  3  6    (4)  Allocating the state funding for state institutions
  3  7 through counties rather than directly to the institutions so
  3  8 that these services operate on an equal basis with other
  3  9 services.
  3 10    (5)  Allocating state funding and administrative costs for
  3 11 state cases to the covered individual's county of residence.
  3 12    (6)  Allocating the risk for service cost increases to the
  3 13 counties and allocating the cost for increases in the number
  3 14 of covered individuals to the state.  Risk allocation
  3 15 provisions shall address methods for managing the risk.
  3 16    (7)  Providing for risk management and flexibility
  3 17 provisions such as cell rate adjustments, allowing waiting
  3 18 lists to be used for an unanticipated increase in the number
  3 19 of covered individuals, distributing quarterly allocations to
  3 20 counties based upon the previous quarter's number of covered
  3 21 individuals, removing categorical funding restrictions,
  3 22 applying standards to ensure county cash flow capacity, and
  3 23 allowing inflation adjustments.
  3 24    (8)  Expanding the state risk pool provisions under section
  3 25 426B.5 to allow access to risk pool funding for specific
  3 26 purposes and to allow counties to maintain a certain level of
  3 27 fund balances in order to address certain cost factors.
  3 28    b.  All of the following factors shall be considered in
  3 29 developing formula provisions for calculating the distribution
  3 30 of funds:
  3 31    (1)  A county's ability to levy based on available taxable
  3 32 valuation and average per capita income.
  3 33    (2)  A requirement for each county to have a fund balance
  3 34 sufficient to cover all of the following:
  3 35    (a)  Cash flow for current services.
  4  1    (b)  Building maintenance and repair costs.
  4  2    (c)  Investments in new programs.
  4  3    (d)  A local risk pool that will cover extraordinary
  4  4 expenses while a county is preparing an application to the
  4  5 statewide risk pool.
  4  6    (3)  County costs for administration and infrastructure.
  4  7    (4)  Funds for counties to pay the costs of crisis
  4  8 response, hospital diversion, prevention, consultation,
  4  9 education, and outreach services that are provided outside the
  4 10 rate cell methodology or fee payment policy.
  4 11    (5)  Incentives to counties for coordination,
  4 12 collaboration, and infrastructure development.
  4 13    c.  Identify state and county costs to implement the
  4 14 proposed funding formula for the individuals and services
  4 15 identified under subsections 1 and 2.
  4 16    4.  ADDRESS THE LEGAL SETTLEMENT PROCESS.
  4 17    The commission shall consider options for addressing the
  4 18 deficiencies in the legal settlement process currently used
  4 19 for determining governmental financial liability for service
  4 20 costs.  The options considered may include but are not limited
  4 21 to providing for a transition to a system that provides for
  4 22 service access based upon an individual's residency.
  4 23    5.  COORDINATION OF FUNDING STREAMS.
  4 24    The commission shall do all of the following:
  4 25    a.  Develop a specific approach for counties and the state
  4 26 to access additional federal housing funds.
  4 27    b.  In consultation with counties, support new efforts to
  4 28 maximize federal funding for defined core services, including
  4 29 accessing federal funds to support or match county
  4 30 expenditures to standardize inpatient and outpatient treatment
  4 31 and hospital diversion costs for Medicaid program recipients.
  4 32    c.  Develop recommendations identifying the manner in which
  4 33 services will be funded by the federal government, the state,
  4 34 and the counties.
  4 35    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  5  1 immediate importance, takes effect upon enactment.
  5  2 HF 529
  5  3 jp/es/25