House Study Bill 284



                                   HOUSE FILE       
                                   BY  (PROPOSED HOUSE APPROPRIATIONS
                                        SUBCOMMITTEE ON HEALTH AND
                                        HUMAN SERVICES BILL)


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

                                      A BILL FOR

  1 An Act relating to and making appropriations to the department of
  2    human services, the department of elder affairs, the Iowa
  3    department of public health, the commission of veterans
  4    affairs and the Iowa veterans home, and the department of
  5    inspections and appeals, providing for fee increases, and
  6    including other related provisions and appropriations, and
  7    providing effective dates.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  9 TLSB 1089HA 81
 10 pf/cf/24

PAG LIN



  1  1                           DIVISION I
  1  2           GENERAL FUND AND BLOCK GRANT APPROPRIATIONS
  1  3                          ELDER AFFAIRS
  1  4    Section 1.  DEPARTMENT OF ELDER AFFAIRS.  There is
  1  5 appropriated from the general fund of the state to the
  1  6 department of elder affairs for the fiscal year beginning July
  1  7 1, 2005, and ending June 30, 2006, the following amount, or so
  1  8 much thereof as is necessary, to be used for the purposes
  1  9 designated:
  1 10    For aging programs for the department of elder affairs and
  1 11 area agencies on aging to provide citizens of Iowa who are 60
  1 12 years of age and older with case management for the frail
  1 13 elderly, the retired and senior volunteer program, resident
  1 14 advocate committee coordination, employment, and other
  1 15 services which may include, but are not limited to, adult day
  1 16 services, respite care, chore services, telephone reassurance,
  1 17 information and assistance, and home repair services, and for
  1 18 the construction of entrance ramps which make residences
  1 19 accessible to the physically handicapped, and for salaries,
  1 20 support, administration, maintenance, miscellaneous purposes,
  1 21 and for not more than the following full=time equivalent
  1 22 positions with the department of elder affairs:
  1 23 .................................................. $  2,730,522
  1 24 ............................................... FTEs      26.75
  1 25    1.  Funds appropriated in this section may be used to
  1 26 supplement federal funds under federal regulations.  To
  1 27 receive funds appropriated in this section, a local area
  1 28 agency on aging shall match the funds with moneys from other
  1 29 sources according to rules adopted by the department.  Funds
  1 30 appropriated in this section may be used for elderly services
  1 31 not specifically enumerated in this section only if approved
  1 32 by an area agency on aging for provision of the service within
  1 33 the area.
  1 34    2.  If the Eighty=first General Assembly enacts legislation
  1 35 establishing the Iowa commission on volunteer service, then of
  2  1 the funds appropriated in this section, $174,198 shall be
  2  2 transferred to the office of the governor for the Iowa
  2  3 commission on volunteer service to be used for the retired and
  2  4 senior volunteer program.
  2  5                             HEALTH
  2  6    Sec. 2.  DEPARTMENT OF PUBLIC HEALTH.  There is
  2  7 appropriated from the general fund of the state to the Iowa
  2  8 department of public health for the fiscal year beginning July
  2  9 1, 2005, and ending June 30, 2006, the following amounts, or
  2 10 so much thereof as is necessary, to be used for the purposes
  2 11 designated:
  2 12    1.  ADDICTIVE DISORDERS
  2 13    For reducing the prevalence of use of tobacco, alcohol, and
  2 14 other drugs, and treating individuals affected by addictive
  2 15 behaviors, including gambling, and for not more than the
  2 16 following full=time equivalent positions:
  2 17 .................................................. $  1,258,710
  2 18 ............................................... FTEs       6.45
  2 19    The department and any grantee or subgrantee of the
  2 20 department shall not discriminate against a nongovernmental
  2 21 organization that provides substance abuse treatment and
  2 22 prevention services or applies for funding to provide those
  2 23 services on the basis that the organization has a religious
  2 24 character.
  2 25    2.  ADULT WELLNESS
  2 26    For maintaining or improving the health status of adults,
  2 27 with target populations between the ages of 18 through 60:
  2 28 .................................................. $    304,067
  2 29    3.  CHILD AND ADOLESCENT WELLNESS
  2 30    For promoting the optimum health status for children and
  2 31 adolescents from birth through 21 years of age, and for not
  2 32 more than the following full=time equivalent positions:
  2 33 .................................................. $    862,592
  2 34 ............................................... FTEs       6.65
  2 35    4.  CHRONIC CONDITIONS
  3  1    For serving individuals identified as having chronic
  3  2 conditions or special health care needs, and for not more than
  3  3 the following full=time equivalent positions:
  3  4 .................................................. $  1,295,342
  3  5 ............................................... FTEs       0.85
  3  6    Of the funds appropriated in this subsection, not more than
  3  7 $100,000 shall be used to leverage federal funding through the
  3  8 federal Ryan White Care Act, Title II, AIDS drug assistance
  3  9 program supplemental drug treatment grants.
  3 10    5.  COMMUNITY CAPACITY
  3 11    For strengthening the health care delivery system at the
  3 12 local level, and for not more than the following full=time
  3 13 equivalent positions:
  3 14 .................................................. $  1,264,299
  3 15 ............................................... FTEs       9.90
  3 16    Of the funds appropriated in this subsection, $100,000 is
  3 17 allocated for a child vision screening program implemented
  3 18 through the university of Iowa hospitals and clinics in
  3 19 collaboration with community empowerment areas.
  3 20    6.  ELDERLY WELLNESS
  3 21    For optimizing the health of persons 60 years of age and
  3 22 older:
  3 23 .................................................. $  9,233,985
  3 24    7.  ENVIRONMENTAL HAZARDS
  3 25    For reducing the public's exposure to hazards in the
  3 26 environment, primarily chemical hazards, and for not more than
  3 27 the following full=time equivalent positions:
  3 28 .................................................. $    401,808
  3 29 ............................................... FTEs       1.50
  3 30    8.  INFECTIOUS DISEASES
  3 31    For reducing the incidence and prevalence of communicable
  3 32 diseases, and for not more than the following full=time
  3 33 equivalent positions:
  3 34 .................................................. $  1,078,039
  3 35 ............................................... FTEs       5.25
  4  1    9.  INJURIES
  4  2    For providing support and protection to victims of abuse or
  4  3 injury, or programs that are designed to prevent abuse or
  4  4 injury, and for not more than the following full=time
  4  5 equivalent positions:
  4  6 .................................................. $  1,044,151
  4  7 ............................................... FTEs       1.80
  4  8    Of the funds appropriated in this subsection, not more than
  4  9 $335,107 shall be used for the healthy opportunities to
  4 10 experience success (HOPES) = healthy families Iowa (HFI)
  4 11 program established pursuant to section 135.106.
  4 12    Of the funds appropriated in this subsection, $643,500
  4 13 shall be credited to the emergency medical services fund
  4 14 created in section 135.25.
  4 15    10.  PUBLIC PROTECTION
  4 16    For protecting the health and safety of the public through
  4 17 establishing standards and enforcing regulations, and for not
  4 18 more than the following full=time equivalent positions:
  4 19 .................................................. $  6,820,423
  4 20 ............................................... FTEs     110.05
  4 21    11.  RESOURCE MANAGEMENT
  4 22    For establishing and sustaining the overall ability of the
  4 23 department to deliver services to the public, and for not more
  4 24 than the following full=time equivalent positions:
  4 25 .................................................. $    994,442
  4 26 ............................................... FTEs       3.00
  4 27    12.  The university of Iowa hospitals and clinics under the
  4 28 control of the state board of regents shall not receive
  4 29 indirect costs from the funds appropriated in this section.
  4 30    13.  A local health care provider or nonprofit health care
  4 31 organization seeking grant moneys administered by the Iowa
  4 32 department of public health shall provide documentation that
  4 33 the provider or organization has coordinated its services with
  4 34 other local entities providing similar services.
  4 35    14.  a.  The department shall apply for available federal
  5  1 funds for sexual abstinence education programs.
  5  2    b.  It is the intent of the general assembly to comply with
  5  3 the United States Congress' intent to provide education that
  5  4 promotes abstinence from sexual activity outside of marriage
  5  5 and reduces pregnancies, by focusing efforts on those persons
  5  6 most likely to father and bear children out of wedlock.
  5  7    c.  Any sexual abstinence education program awarded moneys
  5  8 under the grant program shall meet the definition of
  5  9 abstinence education in the federal law.  Grantees shall be
  5 10 evaluated based upon the extent to which the abstinence
  5 11 program successfully communicates the goals set forth in the
  5 12 federal law.
  5 13    Sec. 3.  GAMBLING TREATMENT FUND == APPROPRIATION.  In lieu
  5 14 of the appropriation made in section 135.150, subsection 1,
  5 15 there is appropriated from funds available in the gambling
  5 16 treatment fund created in section 135.150 to the Iowa
  5 17 department of public health for the fiscal year beginning July
  5 18 1, 2005, and ending June 30, 2006, the following amount, or so
  5 19 much thereof as is necessary, to be used for the purposes
  5 20 designated:
  5 21    1.  ADDICTIVE DISORDERS
  5 22    To be utilized for the benefit of persons with addictions:
  5 23 .................................................. $  1,690,000
  5 24    2.  GAMBLING TREATMENT PROGRAM
  5 25    The funds in the gambling treatment fund after the
  5 26 appropriation in subsection 1, is made are appropriated to the
  5 27 department to be used for funding of administrative costs and
  5 28 to provide programs which may include, but are not limited to,
  5 29 outpatient and follow=up treatment for persons affected by
  5 30 problem gambling, rehabilitation and residential treatment
  5 31 programs, information and referral services, education and
  5 32 preventive services, and financial management services.
  5 33                 COMMISSION OF VETERANS AFFAIRS
  5 34    Sec. 4.  COMMISSION OF VETERANS AFFAIRS.  There is
  5 35 appropriated from the general fund of the state to the
  6  1 commission of veterans affairs for the fiscal year beginning
  6  2 July 1, 2005, and ending June 30, 2006, the following amounts,
  6  3 or so much thereof as is necessary, to be used for the
  6  4 purposes designated:
  6  5    1.  COMMISSION OF VETERANS AFFAIRS ADMINISTRATION
  6  6    For salaries, support, maintenance, miscellaneous purposes,
  6  7 including the war orphans educational aid fund established
  6  8 pursuant to chapter 35, and for not more than the following
  6  9 full=time equivalent positions:
  6 10 .................................................. $    295,717
  6 11 ............................................... FTEs       4.00
  6 12    a.  Of the funds appropriated in this subsection, $75,000
  6 13 shall be used by the commission to contract with the
  6 14 department of elder affairs to utilize local veterans affairs
  6 15 commissions and the retired and senior volunteers program to
  6 16 increase the utilization by eligible individuals of benefits
  6 17 available through the federal department of veterans affairs.
  6 18    b.  Of the funds appropriated in this subsection, $25,000
  6 19 shall be used for the commission's costs associated with the
  6 20 contracts implemented under paragraph "a".
  6 21    2.  IOWA VETERANS HOME
  6 22    For salaries, support, maintenance, miscellaneous purposes,
  6 23 and for not more than the following full=time equivalent
  6 24 positions:
  6 25 .................................................. $ 16,309,443
  6 26 ............................................... FTEs     855.22
  6 27                         HUMAN SERVICES
  6 28    Sec. 5.  TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
  6 29 GRANT.  There is appropriated from the fund created in section
  6 30 8.41 to the department of human services for the fiscal year
  6 31 beginning July 1, 2005, and ending June 30, 2006, from moneys
  6 32 received under the federal temporary assistance for needy
  6 33 families (TANF) block grant pursuant to the federal Personal
  6 34 Responsibility and Work Opportunity Reconciliation Act of
  6 35 1996, Pub. L. No. 104=193, and successor legislation, which
  7  1 are federally appropriated for the federal fiscal years
  7  2 beginning October 1, 2004, and ending September 30, 2005, and
  7  3 beginning October 1, 2005, and ending September 30, 2006, the
  7  4 following amounts, or so much thereof as is necessary, to be
  7  5 used for the purposes designated:
  7  6    1.  To be credited to the family investment program account
  7  7 and used for assistance under the family investment program
  7  8 under chapter 239B:
  7  9 .................................................. $ 44,277,569
  7 10    2.  To be credited to the family investment program account
  7 11 and used for the job opportunities and basic skills (JOBS)
  7 12 program, and implementing family investment agreements, in
  7 13 accordance with chapter 239B:
  7 14 .................................................. $ 13,412,794
  7 15    3.  For field operations:
  7 16 .................................................. $ 16,702,033
  7 17    4.  For general administration:
  7 18 .................................................. $  3,730,547
  7 19    5.  For local administrative costs:
  7 20 .................................................. $  2,181,296
  7 21    6.  For state child care assistance:
  7 22 .................................................. $ 14,556,560
  7 23    a.  Of the funds appropriated in this subsection, $200,000
  7 24 shall be used for provision of educational opportunities to
  7 25 registered child care home providers in order to improve
  7 26 services and programs offered by this category of providers
  7 27 and to increase the number of providers.  The department may
  7 28 contract with institutions of higher education or child care
  7 29 resource and referral centers to provide the educational
  7 30 opportunities.  Allowable administrative costs under the
  7 31 contracts shall not exceed 5 percent.  The application for a
  7 32 grant shall not exceed two pages in length.
  7 33    b.  Funds appropriated in this subsection that remain
  7 34 following the allocation made in paragraph "a" shall be
  7 35 transferred to the child care and development block grant
  8  1 appropriation.
  8  2    7.  For mental health and developmental disabilities
  8  3 community services:
  8  4 .................................................. $  4,798,979
  8  5    8.  For child and family services:
  8  6 .................................................. $ 31,475,728
  8  7    9.  For child abuse prevention grants:
  8  8 .................................................. $    250,000
  8  9    10.  For pregnancy prevention grants on the condition that
  8 10 family planning services are funded:
  8 11 .................................................. $  2,520,037
  8 12    a.  If the department receives approval of a waiver from
  8 13 the centers for Medicare and Medicaid services of the United
  8 14 States department of health and human services to provide
  8 15 family planning services, of the amount appropriated in this
  8 16 subsection, $533,580 shall be transferred to the appropriation
  8 17 in this Act for child and family services.
  8 18    b.  Pregnancy prevention grants shall be awarded to
  8 19 programs in existence on or before July 1, 2005, if the
  8 20 programs are comprehensive in scope and have demonstrated
  8 21 positive outcomes.  Grants shall be awarded to pregnancy
  8 22 prevention programs which are developed after July 1, 2005, if
  8 23 the programs are comprehensive in scope and are based on
  8 24 existing models that have demonstrated positive outcomes.
  8 25 Grants shall comply with the requirements provided in 1997
  8 26 Iowa Acts, chapter 208, section 14, subsections 1 and 2,
  8 27 including the requirement that grant programs must emphasize
  8 28 sexual abstinence.  Priority in the awarding of grants shall
  8 29 be given to programs that serve areas of the state which
  8 30 demonstrate the highest percentage of unplanned pregnancies of
  8 31 females of childbearing age within the geographic area to be
  8 32 served by the grant.
  8 33    11.  For technology needs and other resources necessary to
  8 34 meet federal welfare reform reporting, tracking, and case
  8 35 management requirements:
  9  1 .................................................. $  1,037,186
  9  2    12.  For the healthy opportunities for parents to
  9  3 experience success (HOPES) program administered by the Iowa
  9  4 department of public health to target child abuse prevention:
  9  5 .................................................. $    200,000
  9  6    13.  To be credited to the state child care assistance
  9  7 appropriation made in this section to be used for funding of
  9  8 community=based early childhood programs targeted to children
  9  9 from birth through five years of age, developed by community
  9 10 empowerment areas as provided in section 28.9, as amended by
  9 11 this Act:
  9 12 .................................................. $  7,350,000
  9 13    The department shall transfer TANF block grant funding
  9 14 appropriated and allocated in this subsection to the child
  9 15 care and development block grant appropriation in accordance
  9 16 with federal law as necessary to comply with the provisions of
  9 17 this subsection.
  9 18    14.  For a pilot program to be established in a judicial
  9 19 district, selected by the department and the judicial council,
  9 20 to provide employment and support services to delinquent child
  9 21 support obligors as an alternative to commitment to jail as
  9 22 punishment for contempt of court:
  9 23 .................................................. $    200,000
  9 24    Of the amounts appropriated in this section, $12,808,841
  9 25 for the fiscal year beginning July 1, 2005, shall be
  9 26 transferred to the appropriation of the federal social
  9 27 services block grant for that fiscal year.  If the federal
  9 28 government revises requirements to reduce the amount that may
  9 29 be transferred to the federal social services block grant, it
  9 30 is the intent of the general assembly to act expeditiously
  9 31 during the 2006 legislative session to adjust appropriations
  9 32 or the transfer amount or take other actions to address the
  9 33 reduced amount.
  9 34    Sec. 6.  FAMILY INVESTMENT PROGRAM ACCOUNT.
  9 35    1.  Moneys credited to the family investment program (FIP)
 10  1 account for the fiscal year beginning July 1, 2005, and ending
 10  2 June 30, 2006, shall be used to provide assistance in
 10  3 accordance with chapter 239B.
 10  4    2.  The department may use a portion of the moneys credited
 10  5 to the FIP account under this section, as necessary for
 10  6 salaries, support, maintenance, and miscellaneous purposes.
 10  7    3.  Moneys appropriated in this division of this Act and
 10  8 credited to the FIP account for the fiscal year beginning July
 10  9 1, 2005, and ending June 30, 2006, are allocated as follows:
 10 10    a.  For the family development and self=sufficiency grant
 10 11 program as provided under section 217.12:
 10 12 .................................................. $  5,133,042
 10 13    (1)  Of the funds allocated for the family development and
 10 14 self=sufficiency grant program in this lettered paragraph, not
 10 15 more than 5 percent of the funds shall be used for the
 10 16 administration of the grant program.
 10 17    (2)  The department may continue to implement the family
 10 18 development and self=sufficiency grant program statewide
 10 19 during FY 2005=2006.
 10 20    b.  For the diversion subaccount of the FIP account:
 10 21 .................................................. $  2,814,000
 10 22    (1)  A portion of the moneys allocated for the subaccount
 10 23 may be used for field operations salaries, data management
 10 24 system development, and implementation costs and support
 10 25 deemed necessary by the director of human services in order to
 10 26 administer the FIP diversion program.
 10 27    (2)  Of the funds allocated in this lettered paragraph, not
 10 28 more than $250,000 shall be used to develop or continue
 10 29 community=level parental obligation pilot projects.  The
 10 30 requirements established under 2001 Iowa Acts, chapter 191,
 10 31 section 3, subsection 5, paragraph "c", subparagraph (3),
 10 32 shall remain applicable to the parental obligation pilot
 10 33 projects for fiscal year 2005=2006.
 10 34    c.  For the food stamp employment and training program:
 10 35 .................................................. $     64,278
 11  1    5.  Of the child support collections assigned under FIP, an
 11  2 amount equal to the federal share of support collections shall
 11  3 be credited to the child support recovery appropriation.  Of
 11  4 the remainder of the assigned child support collections
 11  5 received by the child support recovery unit, a portion shall
 11  6 be credited to the FIP account and a portion may be used to
 11  7 increase recoveries.
 11  8    6.  The department may adopt emergency administrative rules
 11  9 for the family investment, food stamp, and medical assistance
 11 10 programs, if necessary, to comply with federal requirements.
 11 11    Sec. 7.  FAMILY INVESTMENT PROGRAM GENERAL FUND.  There is
 11 12 appropriated from the general fund of the state to the
 11 13 department of human services for the fiscal year beginning
 11 14 July 1, 2005, and ending June 30, 2006, the following amount,
 11 15 or so much thereof as is necessary, to be used for the purpose
 11 16 designated:
 11 17    To be credited to the family investment program (FIP)
 11 18 account and used for family investment program assistance
 11 19 under chapter 239B:
 11 20 .................................................. $ 40,316,718
 11 21    Of the funds appropriated in this section, $9,274,134 is
 11 22 allocated for the JOBS program.
 11 23    Sec. 8.  CHILD SUPPORT RECOVERY.  There is appropriated
 11 24 from the general fund of the state to the department of human
 11 25 services for the fiscal year beginning July 1, 2005, and
 11 26 ending June 30, 2006, the following amount, or so much thereof
 11 27 as is necessary, to be used for the purposes designated:
 11 28    For child support recovery, including salaries, support,
 11 29 maintenance, and miscellaneous purposes and for not more than
 11 30 the following full=time equivalent positions:
 11 31 .................................................. $  7,829,317
 11 32 ............................................... FTEs     407.00
 11 33    1.  The department shall expend up to $31,000, including
 11 34 federal financial participation, for the fiscal year beginning
 11 35 July 1, 2005, for a child support public awareness campaign.
 12  1 The department and the office of the attorney general shall
 12  2 cooperate in continuation of the campaign.  The public
 12  3 awareness campaign shall emphasize, through a variety of media
 12  4 activities, the importance of maximum involvement of both
 12  5 parents in the lives of their children as well as the
 12  6 importance of payment of child support obligations.
 12  7    2.  Federal access and visitation grant moneys shall be
 12  8 issued directly to private not=for=profit agencies that
 12  9 provide services designed to increase compliance with the
 12 10 child access provisions of court orders, including but not
 12 11 limited to neutral visitation site and mediation services.
 12 12    Sec. 9.  MEDICAL ASSISTANCE.  There is appropriated from
 12 13 the general fund of the state to the department of human
 12 14 services for the fiscal year beginning July 1, 2005, and
 12 15 ending June 30, 2006, the following amount, or so much thereof
 12 16 as is necessary, to be used for the purpose designated:
 12 17    For medical assistance reimbursement and associated costs
 12 18 as specifically provided in the reimbursement methodologies in
 12 19 effect on June 30, 2005, except as otherwise expressly
 12 20 authorized by law, including reimbursement for abortion
 12 21 services, which shall be available under the medical
 12 22 assistance program only for those abortions which are
 12 23 medically necessary:
 12 24 .................................................. $524,510,863
 12 25    1.  Medically necessary abortions are those performed under
 12 26 any of the following conditions:
 12 27    a.  The attending physician certifies that continuing the
 12 28 pregnancy would endanger the life of the pregnant woman.
 12 29    b.  The attending physician certifies that the fetus is
 12 30 physically deformed, mentally deficient, or afflicted with a
 12 31 congenital illness.
 12 32    c.  The pregnancy is the result of a rape which is reported
 12 33 within 45 days of the incident to a law enforcement agency or
 12 34 public or private health agency which may include a family
 12 35 physician.
 13  1    d.  The pregnancy is the result of incest which is reported
 13  2 within 150 days of the incident to a law enforcement agency or
 13  3 public or private health agency which may include a family
 13  4 physician.
 13  5    e.  Any spontaneous abortion, commonly known as a
 13  6 miscarriage, if not all of the products of conception are
 13  7 expelled.
 13  8    2.  The department shall utilize not more than $60,000 of
 13  9 the funds appropriated in this section to continue the
 13 10 AIDS/HIV health insurance premium payment program as
 13 11 established in 1992 Iowa Acts, Second Extraordinary Session,
 13 12 chapter 1001, section 409, subsection 6.  Of the funds
 13 13 allocated in this subsection, not more than $5,000 may be
 13 14 expended for administrative purposes.
 13 15    3.  Of the funds appropriated to the Iowa department of
 13 16 public health for addictive disorders, $950,000 for the fiscal
 13 17 year beginning July 1, 2005, shall be transferred to the
 13 18 department of human services for an integrated substance abuse
 13 19 managed care system.
 13 20    4.  If the federal centers for Medicare and Medicaid
 13 21 services approves a waiver request from the department, the
 13 22 department shall provide a period of 12 months of guaranteed
 13 23 eligibility for medical assistance family planning services
 13 24 only, regardless of the change in circumstances of a woman who
 13 25 was a medical assistance recipient when a pregnancy ended.
 13 26 The department shall also provide this guaranteed eligibility
 13 27 to women of childbearing age with countable income at or below
 13 28 200 percent of the federal poverty level.
 13 29    5.  a.  The department shall aggressively pursue options
 13 30 for providing medical assistance or other assistance to
 13 31 individuals with special needs who become ineligible to
 13 32 continue receiving services under the early and periodic
 13 33 screening, diagnosis, and treatment program under the medical
 13 34 assistance program due to becoming 21 years of age, who have
 13 35 been approved for additional assistance through the
 14  1 department's exception to policy provisions, but who have
 14  2 health care needs in excess of the funding available through
 14  3 the exception to policy process.
 14  4    b.  Of the funds appropriated in this section, $100,000
 14  5 shall be used for participation in one or more pilot projects
 14  6 operated by a private provider to allow the individual or
 14  7 individuals to receive service in the community in accordance
 14  8 with principles established in Olmstead v. L.C., 527 U.S. 581
 14  9 (1999), for the purpose of providing medical assistance or
 14 10 other assistance to individuals with special needs who become
 14 11 ineligible to continue receiving services under the early and
 14 12 periodic screening, diagnosis, and treatment program under the
 14 13 medical assistance program due to becoming 21 years of age,
 14 14 who have been approved for additional assistance through the
 14 15 department's exception to policy provisions, but who have
 14 16 health care needs in excess of the funding available through
 14 17 the exception to the policy provisions.
 14 18    6.  Of the funds available in this section, up to
 14 19 $3,270,082 may be transferred to the field operations or
 14 20 general administration appropriations in this Act for
 14 21 implementation and operational costs associated with Part D of
 14 22 the federal Medicare Prescription Drug, Improvement, and
 14 23 Modernization Act of 2003, Pub. L. No. 108=173.
 14 24    7.  The department shall expand the health insurance data
 14 25 match program as directed pursuant to 2004 Iowa Acts, chapter
 14 26 1175, section 119, subsection 1, paragraph "c", to also match
 14 27 insureds against a listing of hawk=i program enrollees.  The
 14 28 information submitted under the expansion shall be used solely
 14 29 to identify third=party payors for hawk=i program enrollees
 14 30 and shall be kept confidential.  The department, in
 14 31 consultation with insurance carriers, shall adopt rules to
 14 32 implement this subsection.  The department may adopt emergency
 14 33 rules to implement this subsection and insurance carriers
 14 34 shall begin providing the information required upon adoption
 14 35 of the rules.
 15  1    8.  The department shall modify the methodology in effect
 15  2 as of June 30, 2005, for calculating the state maximum
 15  3 allowable cost reimbursement rates by reducing the sample size
 15  4 required for pricing.
 15  5    9.  The department shall establish a health care cost
 15  6 commission to regularly evaluate reimbursement rates for all
 15  7 services covered under the medical assistance program and
 15  8 shall require all third=party payors and all providers to
 15  9 report their reimbursement rates annually by December 31 to
 15 10 the commission.
 15 11    10.  The department, consistent with applicable state and
 15 12 federal law, shall issue one or more requests for proposals to
 15 13 procure medical supplies, including durable medical equipment,
 15 14 through statewide bulk purchasing or mail order under the
 15 15 medical assistance program, if such procurement is projected
 15 16 to reduce the costs of the items to the medical assistance
 15 17 program while maintaining appropriate access and quality
 15 18 standards.
 15 19    11.  The department shall provide educational opportunities
 15 20 to providers under the medical assistance program to improve
 15 21 payment accuracy by avoiding mistakes and overbilling.
 15 22    12.  The department shall enhance the methodologies used
 15 23 for identifying and collecting payment from third=party payors
 15 24 of pharmaceuticals provided to recipients of the medical
 15 25 assistance program, prior to payment of pharmaceutical claims
 15 26 by the medical assistance program.
 15 27    13.  The department shall modify billing practices to allow
 15 28 for collection of rebates from prescription drug manufacturers
 15 29 under the medical assistance program for purchase of
 15 30 injectable drugs administered in physicians' offices.
 15 31    14.  The department shall adjust managed care capitation
 15 32 payments from the payment structure in effect as of June 30,
 15 33 2004, to optimize family planning claiming.
 15 34    Sec. 10.  HEALTH INSURANCE PREMIUM PAYMENT PROGRAM.  There
 15 35 is appropriated from the general fund of the state to the
 16  1 department of human services for the fiscal year beginning
 16  2 July 1, 2005, and ending June 30, 2006, the following amount,
 16  3 or so much thereof as is necessary, to be used for the purpose
 16  4 designated:
 16  5    For administration of the health insurance premium payment
 16  6 program, including salaries, support, maintenance, and
 16  7 miscellaneous purposes, and for not more than the following
 16  8 full=time equivalent positions:
 16  9 .................................................. $    612,574
 16 10 ............................................... FTEs      20.95
 16 11    Sec. 11.  MEDICAL CONTRACTS.  There is appropriated from
 16 12 the general fund of the state to the department of human
 16 13 services for the fiscal year beginning July 1, 2005, and
 16 14 ending June 30, 2006, the following amount, or so much thereof
 16 15 as is necessary, to be used for the purpose designated:
 16 16    For medical contracts, including salaries, support,
 16 17 maintenance, and miscellaneous purposes:
 16 18 .................................................. $ 14,711,985
 16 19    Sec. 12.  STATE SUPPLEMENTARY ASSISTANCE.
 16 20    1.  There is appropriated from the general fund of the
 16 21 state to the department of human services for the fiscal year
 16 22 beginning July 1, 2005, and ending June 30, 2006, the
 16 23 following amount, or so much thereof as is necessary, to be
 16 24 used for the purposes designated:
 16 25    For the state supplementary assistance program:
 16 26 .................................................. $ 19,810,335
 16 27    2.  The department shall increase the personal needs
 16 28 allowance for residents of residential care facilities by the
 16 29 same percentage and at the same time as federal supplemental
 16 30 security income and federal social security benefits are
 16 31 increased due to a recognized increase in the cost of living.
 16 32 The department may adopt emergency rules to implement this
 16 33 subsection.
 16 34    3.  If during the fiscal year beginning July 1, 2005, the
 16 35 department projects that state supplementary assistance
 17  1 expenditures for a calendar year will not meet the federal
 17  2 pass=along requirement specified in Title XVI of the federal
 17  3 Social Security Act, section 1618, as codified in 42 U.S.C. }
 17  4 1382g, the department may take actions including but not
 17  5 limited to increasing the personal needs allowance for
 17  6 residential care facility residents and making programmatic
 17  7 adjustments or upward adjustments of the residential care
 17  8 facility or in=home health=related care reimbursement rates
 17  9 prescribed in this division of this Act to ensure that federal
 17 10 requirements are met.  In addition, the department may make
 17 11 other programmatic and rate adjustments necessary to remain
 17 12 within the amount appropriated in this section while ensuring
 17 13 compliance with federal requirements.  The department may
 17 14 adopt emergency rules to implement the provisions of this
 17 15 subsection.
 17 16    Sec. 13.  CHILDREN'S HEALTH INSURANCE PROGRAM.  There is
 17 17 appropriated from the general fund of the state to the
 17 18 department of human services for the fiscal year beginning
 17 19 July 1, 2005, and ending June 30, 2006, the following amount,
 17 20 or so much thereof as is necessary, to be used for the purpose
 17 21 designated:
 17 22    For maintenance of the healthy and well kids in Iowa (hawk=
 17 23 i) program pursuant to chapter 514I for receipt of federal
 17 24 financial participation under Title XXI of the federal Social
 17 25 Security Act, which creates the state children's health
 17 26 insurance program:
 17 27 .................................................. $ 16,618,275
 17 28    Sec. 14.  CHILD CARE ASSISTANCE.  There is appropriated
 17 29 from the general fund of the state to the department of human
 17 30 services for the fiscal year beginning July 1, 2005, and
 17 31 ending June 30, 2006, the following amount, or so much thereof
 17 32 as is necessary, to be used for the purpose designated:
 17 33    For child care programs:
 17 34 .................................................. $  8,350,752
 17 35    1.  a.  Of the funds appropriated in this section,
 18  1 $7,325,228 shall be used for state child care assistance in
 18  2 accordance with section 237A.13.
 18  3    b.  The department shall adopt rules to increase the upper
 18  4 income eligibility requirements under the state child care
 18  5 assistance program for employed families from 140 percent of
 18  6 the federal poverty level to 145 percent of the federal
 18  7 poverty level and for employed families with a special needs
 18  8 child from 175 percent of the federal poverty level to 200
 18  9 percent of the federal poverty level.  The department may
 18 10 adopt emergency rules to implement this paragraph.
 18 11    2.  Of the funds appropriated in this section, $500,000
 18 12 shall be used for implementation of a quality rating system
 18 13 for child care providers, in accordance with legislation
 18 14 enacted to authorize implementation of the rating system.
 18 15    3.  Nothing in this section shall be construed or is
 18 16 intended as, or shall imply, a grant of entitlement for
 18 17 services to persons who are eligible for assistance due to an
 18 18 income level consistent with the waiting list requirements of
 18 19 section 237A.13.  Any state obligation to provide services
 18 20 pursuant to this section is limited to the extent of the funds
 18 21 appropriated in this section.
 18 22    4.  Of the funds appropriated in this section, $525,524 is
 18 23 allocated for the statewide program for child care resource
 18 24 and referral services under section 237A.26.
 18 25    5.  The department may use any of the funds appropriated in
 18 26 this section as a match to obtain federal funds for use in
 18 27 expanding child care assistance and related programs.  For the
 18 28 purpose of expenditures of state and federal child care
 18 29 funding, funds shall be considered obligated at the time
 18 30 expenditures are projected or are allocated to the
 18 31 department's service areas.  Projections shall be based on
 18 32 current and projected caseload growth, current and projected
 18 33 provider rates, staffing requirements for eligibility
 18 34 determination and management of program requirements including
 18 35 data systems management, staffing requirements for
 19  1 administration of the program, contractual and grant
 19  2 obligations and any transfers to other state agencies, and
 19  3 obligations for decategorization or innovation projects.
 19  4    6.  A portion of the state match for the federal child care
 19  5 and development block grant shall be provided through the
 19  6 state general fund appropriation for child development grants
 19  7 and other programs for at=risk children in section 279.51.
 19  8    Sec. 15.  JUVENILE INSTITUTIONS.  There is appropriated
 19  9 from the general fund of the state to the department of human
 19 10 services for the fiscal year beginning July 1, 2005, and
 19 11 ending June 30, 2006, the following amounts, or so much
 19 12 thereof as is necessary, to be used for the purposes
 19 13 designated:
 19 14    1.  For operation of the Iowa juvenile home at Toledo and
 19 15 for salaries, support, maintenance, and for not more than the
 19 16 following full=time equivalent positions:
 19 17 .................................................. $  6,201,283
 19 18 ............................................... FTEs     130.54
 19 19    2.  For operation of the state training school at Eldora
 19 20 and for salaries, support, maintenance, and for not more than
 19 21 the following full=time equivalent positions:
 19 22 .................................................. $  9,830,692
 19 23 ............................................... FTEs     218.53
 19 24    3.  A portion of the moneys appropriated in this section
 19 25 shall be used by the state training school and by the Iowa
 19 26 juvenile home for grants for adolescent pregnancy prevention
 19 27 activities at the institutions in the fiscal year beginning
 19 28 July 1, 2005.
 19 29    Sec. 16.  CHILD AND FAMILY SERVICES.
 19 30    1.  There is appropriated from the general fund of the
 19 31 state to the department of human services for the fiscal year
 19 32 beginning July 1, 2005, and ending June 30, 2006, the
 19 33 following amount, or so much thereof as is necessary, to be
 19 34 used for the purpose designated:
 19 35    For child and family services:
 20  1 .................................................. $ 76,508,683
 20  2    In order to address a reduction of $4,000,000 from the
 20  3 amount allocated under this appropriation in prior years for
 20  4 purposes of juvenile delinquent graduated sanction services,
 20  5 up to $4,000,000 of the amount of federal temporary assistance
 20  6 for needy families block grant funding appropriated in this
 20  7 division of this Act for child and family services, shall be
 20  8 made available for purposes of juvenile delinquent graduated
 20  9 sanction services.
 20 10    2.  The department may transfer funds appropriated in this
 20 11 section as necessary to pay the nonfederal costs of services
 20 12 reimbursed under the medical assistance program or the family
 20 13 investment program which are provided to children who would
 20 14 otherwise receive services paid under the appropriation in
 20 15 this section.  The department may transfer funds appropriated
 20 16 in this section to the appropriations in this division of this
 20 17 Act for general administration and for field operations for
 20 18 resources necessary to implement and operate the services
 20 19 funded in this section.
 20 20    3.  a.  Of the funds appropriated in this section, up to
 20 21 $35,883,519 is allocated as the statewide expenditure target
 20 22 under section 232.143 for group foster care maintenance and
 20 23 services.
 20 24    b.  If at any time after September 30, 2005, annualization
 20 25 of a service area's current expenditures indicates a service
 20 26 area is at risk of exceeding its group foster care expenditure
 20 27 target under section 232.143 by more than 5 percent, the
 20 28 department and juvenile court services shall examine all group
 20 29 foster care placements in that service area in order to
 20 30 identify those which might be appropriate for termination.  In
 20 31 addition, any aftercare services believed to be needed for the
 20 32 children whose placements may be terminated shall be
 20 33 identified.  The department and juvenile court services shall
 20 34 initiate action to set dispositional review hearings for the
 20 35 placements identified.  In such a dispositional review
 21  1 hearing, the juvenile court shall determine whether needed
 21  2 aftercare services are available and whether termination of
 21  3 the placement is in the best interest of the child and the
 21  4 community.
 21  5    c.  Of the funds allocated in this subsection, $1,465,009
 21  6 is allocated as the state match funding for 50 highly
 21  7 structured juvenile program beds.  If the number of beds
 21  8 provided for in this lettered paragraph is not utilized, the
 21  9 remaining funds allocated may be used for group foster care.
 21 10    4.  In accordance with the provisions of section 232.188,
 21 11 the department shall continue the program to decategorize
 21 12 child welfare services funding.  Of the funds appropriated in
 21 13 this section, $2,000,000 is allocated specifically for
 21 14 expenditure through the decategorization of child welfare
 21 15 funding pools and governance boards established pursuant to
 21 16 section 232.188.  In addition, up to $2,200,000 of the amount
 21 17 of federal temporary assistance for needy families block grant
 21 18 funding appropriated in this division of this Act for child
 21 19 and family services shall be made available for purposes of
 21 20 decategorization of child welfare services as provided in this
 21 21 subsection.
 21 22    5.  A portion of the funding appropriated in this section
 21 23 may be used for emergency family assistance to provide other
 21 24 resources required for a family participating in a family
 21 25 preservation or reunification project to stay together or to
 21 26 be reunified.
 21 27    6.  Notwithstanding section 234.35, subsection 1, for the
 21 28 fiscal year beginning July 1, 2005, state funding for shelter
 21 29 care paid pursuant to section 234.35, subsection 1, paragraph
 21 30 "h", shall be limited to $7,252,955.  Notwithstanding section
 21 31 8A.311, the department may enter into contracts with shelter
 21 32 care providers as necessary to maintain the availability of
 21 33 shelter care services for children in all areas of the state.
 21 34    7.  Federal funds received by the state during the fiscal
 21 35 year beginning July 1, 2005, as the result of the expenditure
 22  1 of state funds appropriated during a previous state fiscal
 22  2 year for a service or activity funded under this section, are
 22  3 appropriated to the department to be used as additional
 22  4 funding for services and purposes provided for under this
 22  5 section.  Notwithstanding section 8.33, moneys received in
 22  6 accordance with this subsection that remain unencumbered or
 22  7 unobligated at the close of the fiscal year shall not revert
 22  8 to any fund but shall remain available for the purposes
 22  9 designated until the close of the succeeding fiscal year.
 22 10    8.  Of the moneys appropriated in this section, not more
 22 11 than $442,100 is allocated to provide clinical assessment
 22 12 services as necessary to continue funding of children's
 22 13 rehabilitation services under medical assistance in accordance
 22 14 with federal law and requirements.  The funding allocated is
 22 15 the amount projected to be necessary for providing the
 22 16 clinical assessment services.
 22 17    9.  Of the funding appropriated in this section, $3,696,285
 22 18 shall be used for protective child care assistance.
 22 19    10.  Of the moneys appropriated in this section, up to
 22 20 $2,859,851 is allocated for the payment of the expenses of
 22 21 court=ordered services provided to juveniles which are a
 22 22 charge upon the state pursuant to section 232.141, subsection
 22 23 4.  Of the amount allocated in this subsection, up to
 22 24 $1,431,597 shall be made available to provide school=based
 22 25 supervision of children adjudicated under chapter 232, of
 22 26 which not more than $15,000 may be used for the purpose of
 22 27 training.  A portion of the cost of each school=based liaison
 22 28 officer shall be paid by the school district or other funding
 22 29 source as approved by the chief juvenile court officer.
 22 30    a.  Notwithstanding section 232.141 or any other provision
 22 31 of law to the contrary, the amount allocated in this
 22 32 subsection shall be distributed to the judicial districts as
 22 33 determined by the state court administrator.  The state court
 22 34 administrator shall make the determination of the distribution
 22 35 amounts on or before June 15, 2005.
 23  1    b.  Notwithstanding chapter 232 or any other provision of
 23  2 law to the contrary, a district or juvenile court shall not
 23  3 order any service which is a charge upon the state pursuant to
 23  4 section 232.141 if there are insufficient court=ordered
 23  5 services funds available in the district court distribution
 23  6 amount to pay for the service.  The chief juvenile court
 23  7 officer shall encourage use of the funds allocated in this
 23  8 subsection such that there are sufficient funds to pay for all
 23  9 court=related services during the entire year.  The chief
 23 10 juvenile court officers shall attempt to anticipate potential
 23 11 surpluses and shortfalls in the distribution amounts and shall
 23 12 cooperatively request the state court administrator to
 23 13 transfer funds between the districts' distribution amounts as
 23 14 prudent.
 23 15    c.  Notwithstanding any provision of law to the contrary, a
 23 16 district or juvenile court shall not order a county to pay for
 23 17 any service provided to a juvenile pursuant to an order
 23 18 entered under chapter 232 which is a charge upon the state
 23 19 under section 232.141, subsection 4.
 23 20    d.  Of the funding allocated in this subsection, not more
 23 21 than $100,000 may be used by the judicial branch for
 23 22 administration of the requirements under this subsection and
 23 23 for travel associated with court=ordered placements which are
 23 24 a charge upon the state pursuant to section 232.141,
 23 25 subsection 4.
 23 26    11.  Notwithstanding 2000 Iowa Acts, chapter 1228, section
 23 27 43, the department may operate a subsidized guardianship
 23 28 program if the United States department of health and human
 23 29 services approves a waiver under Title IV=E of the federal
 23 30 Social Security Act or the federal Social Security Act is
 23 31 amended to allow Title IV=E funding to be used for subsidized
 23 32 guardianship, and the subsidized guardianship program can be
 23 33 operated without loss of Title IV=E funds.
 23 34    12.  Of the amount appropriated in this section, $300,000
 23 35 shall be transferred to the Iowa department of public health
 24  1 to be used for the child protection center grant program in
 24  2 accordance with section 135.118.
 24  3    13.  Of the amount appropriated in this section, $148,000
 24  4 shall be used for funding of one or more child welfare
 24  5 diversion and mediation pilot projects as provided in 2004
 24  6 Iowa Acts, chapter 1130, section 1.
 24  7    Sec. 17.  ADOPTION SUBSIDY.
 24  8    1.  There is appropriated from the general fund of the
 24  9 state to the department of human services for the fiscal year
 24 10 beginning July 1, 2005, and ending June 30, 2006, the
 24 11 following amount, or so much thereof as is necessary, to be
 24 12 used for the purpose designated:
 24 13    For adoption subsidy payments and services:
 24 14 .................................................. $ 32,275,732
 24 15    2.  The department may transfer funds appropriated in this
 24 16 section to the appropriations in this Act for child and family
 24 17 services to be used for adoptive family recruitment and other
 24 18 services to achieve adoption.
 24 19    3.  Federal funds received by the state during the fiscal
 24 20 year beginning July 1, 2005, as the result of the expenditure
 24 21 of state funds during a previous state fiscal year for a
 24 22 service or activity funded under this section, are
 24 23 appropriated to the department to be used as additional
 24 24 funding for the services and activities funded under this
 24 25 section.  Notwithstanding section 8.33, moneys received in
 24 26 accordance with this subsection that remain unencumbered or
 24 27 unobligated at the close of the fiscal year shall not revert
 24 28 to any fund but shall remain available for expenditure for the
 24 29 purposes designated until the close of the succeeding fiscal
 24 30 year.
 24 31    Sec. 18.  JUVENILE DETENTION HOME FUND.  Moneys deposited
 24 32 in the juvenile detention home fund created in section 232.142
 24 33 during the fiscal year beginning July 1, 2005, and ending June
 24 34 30, 2006, are appropriated to the department of human services
 24 35 for the fiscal year beginning July 1, 2005, and ending June
 25  1 30, 2006, for distribution as follows:
 25  2    1.  An amount equal to 10 percent of the costs of the
 25  3 establishment, improvement, operation, and maintenance of
 25  4 county or multicounty juvenile detention homes in the fiscal
 25  5 year beginning July 1, 2004.  Moneys appropriated for
 25  6 distribution in accordance with this subsection shall be
 25  7 allocated among eligible detention homes, prorated on the
 25  8 basis of an eligible detention home's proportion of the costs
 25  9 of all eligible detention homes in the fiscal year beginning
 25 10 July 1, 2004.  Notwithstanding section 232.142, subsection 3,
 25 11 the financial aid payable by the state under that provision
 25 12 for the fiscal year beginning July 1, 2005, shall be limited
 25 13 to the amount appropriated for the purposes of this
 25 14 subsection.
 25 15    2.  For renewal of a grant to a county with a population
 25 16 between 189,000 and 196,000 for implementation of the county's
 25 17 runaway treatment plan under section 232.195:
 25 18 .................................................. $     80,000
 25 19    3.  For continuation and expansion of the community
 25 20 partnership for child protection sites:
 25 21 .................................................. $    318,000
 25 22    4.  For grants to counties implementing a runaway treatment
 25 23 plan under section 232.195.
 25 24    5.  The remainder for additional allocations to county or
 25 25 multicounty juvenile detention homes, in accordance with the
 25 26 distribution requirements of subsection 1.
 25 27    Sec. 19.  FAMILY SUPPORT SUBSIDY PROGRAM.  There is
 25 28 appropriated from the general fund of the state to the
 25 29 department of human services for the fiscal year beginning
 25 30 July 1, 2005, and ending June 30, 2006, the following amount,
 25 31 or so much thereof as is necessary, to be used for the purpose
 25 32 designated:
 25 33    For the family support subsidy program:
 25 34 .................................................. $  1,936,434
 25 35    1.  The department may use up to $333,312 of the moneys
 26  1 appropriated in this section to continue the children=at=home
 26  2 program in current counties, of which not more than $20,000
 26  3 shall be used for administrative costs.
 26  4    2.  Notwithstanding section 225C.38, subsection 1, the
 26  5 monthly family support payment amount for the fiscal year
 26  6 beginning July 1, 2005, shall remain the same as the payment
 26  7 amount in effect on June 30, 2005.
 26  8    Sec. 20.  CONNER DECREE.  There is appropriated from the
 26  9 general fund of the state to the department of human services
 26 10 for the fiscal year beginning July 1, 2005, and ending June
 26 11 30, 2006, the following amount, or so much thereof as is
 26 12 necessary, to be used for the purpose designated:
 26 13    For building community capacity through the coordination
 26 14 and provision of training opportunities in accordance with the
 26 15 consent decree of Conner v.  Branstad, No. 4=86=CV=30871(S.D.
 26 16 Iowa, July 14, 1994):
 26 17 .................................................. $     42,623
 26 18    Sec. 21.  MENTAL HEALTH INSTITUTES.  There is appropriated
 26 19 from the general fund of the state to the department of human
 26 20 services for the fiscal year beginning July 1, 2005, and
 26 21 ending June 30, 2006, the following amounts, or so much
 26 22 thereof as is necessary, to be used for the purposes
 26 23 designated:
 26 24    1.  For the state mental health institute at Cherokee for
 26 25 salaries, support, maintenance, and miscellaneous purposes and
 26 26 for not more than the following full=time equivalent
 26 27 positions:
 26 28 .................................................. $ 13,074,889
 26 29 ............................................... FTEs     228.00
 26 30    2.  For the state mental health institute at Clarinda for
 26 31 salaries, support, maintenance, and miscellaneous purposes and
 26 32 for not more than the following full=time equivalent
 26 33 positions:
 26 34 .................................................. $  7,439,591
 26 35 ............................................... FTEs     106.40
 27  1    3.  For the state mental health institute at Independence
 27  2 for salaries, support, maintenance, and miscellaneous purposes
 27  3 and for not more than the following full=time equivalent
 27  4 positions:
 27  5 .................................................. $ 17,329,091
 27  6 ............................................... FTEs     317.80
 27  7    4.  For the state mental health institute at Mount Pleasant
 27  8 for salaries, support, maintenance, and miscellaneous purposes
 27  9 and for not more than the following full=time equivalent
 27 10 positions:
 27 11 .................................................. $  6,131,181
 27 12 ............................................... FTEs     100.44
 27 13    Sec. 22.  STATE RESOURCE CENTERS.  There is appropriated
 27 14 from the general fund of the state to the department of human
 27 15 services for the fiscal year beginning July 1, 2005, and
 27 16 ending June 30, 2006, the following amounts, or so much
 27 17 thereof as is necessary, to be used for the purposes
 27 18 designated:
 27 19    1.  For the state resource center at Glenwood for salaries,
 27 20 support, maintenance, and miscellaneous purposes:
 27 21 .................................................. $ 12,650,344
 27 22    2.  For the state resource center at Woodward for salaries,
 27 23 support, maintenance, and miscellaneous purposes:
 27 24 .................................................. $  7,073,088
 27 25    3.  The department may continue to bill for state resource
 27 26 center services utilizing a scope of services approach used
 27 27 for private providers of ICFMR services, in a manner which
 27 28 does not shift costs between the medical assistance program,
 27 29 counties, or other sources of funding for the state resource
 27 30 centers.
 27 31    4.  The state resource centers may expand the time limited
 27 32 assessment and respite services during the fiscal year.
 27 33    5.  If the department's administration and the department
 27 34 of management concur with a finding by a state resource
 27 35 center's superintendent that projected revenues can reasonably
 28  1 be expected to pay the salary and support costs for a new
 28  2 employee position, or that such costs for adding a particular
 28  3 number of new positions for the fiscal year would be less than
 28  4 the overtime costs if new positions would not be added, the
 28  5 superintendent may add the new position or positions.  If the
 28  6 vacant positions available to a resource center do not include
 28  7 the position classification desired to be filled, the state
 28  8 resource center's superintendent may reclassify any vacant
 28  9 position as necessary to fill the desired position.  The
 28 10 superintendents of the state resource centers may, by mutual
 28 11 agreement, pool vacant positions and position classifications
 28 12 during the course of the fiscal year in order to assist one
 28 13 another in filling necessary positions.
 28 14    6.  If existing capacity limitations are reached in
 28 15 operating units, a waiting list is in effect for a service or
 28 16 a special need for which a payment source or other funding is
 28 17 available for the service or to address the special need, and
 28 18 facilities for the service or to address the special need can
 28 19 be provided within the available payment source or other
 28 20 funding, the superintendent of a state resource center may
 28 21 authorize opening not more than two units or other facilities
 28 22 and to begin implementing the service or addressing the
 28 23 special need during fiscal year 2005=2006.
 28 24    Sec. 23.  MI/MR/DD STATE CASES.
 28 25    1.  There is appropriated from the general fund of the
 28 26 state to the department of human services for the fiscal year
 28 27 beginning July 1, 2005, and ending June 30, 2006, the
 28 28 following amount, or so much thereof as is necessary, to be
 28 29 used for the purpose designated:
 28 30    For purchase of local services for persons with mental
 28 31 illness, mental retardation, and developmental disabilities
 28 32 where the client has no established county of legal
 28 33 settlement:
 28 34 .................................................. $ 10,514,619
 28 35    2.  For the fiscal year beginning July 1, 2005, and ending
 29  1 June 30, 2006, $500,000 is allocated for state cases from the
 29  2 amounts appropriated from the fund created in section 8.41 to
 29  3 the department of human services from the funds received from
 29  4 the federal government under 42 U.S.C., chapter 6A, subchapter
 29  5 XVII, relating to the community mental health center block
 29  6 grant, for the federal fiscal years beginning October 1, 2003,
 29  7 and ending September 30, 2004, beginning October 1, 2004, and
 29  8 ending September 30, 2005, and beginning October 1, 2005, and
 29  9 ending September 30, 2006.  The allocation made in this
 29 10 subsection shall be made prior to any other distribution
 29 11 allocation of the appropriated federal funds.
 29 12    Sec. 24.  MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES ==
 29 13 COMMUNITY SERVICES FUND.  There is appropriated from the
 29 14 general fund of the state to the mental health and
 29 15 developmental disabilities community services fund created in
 29 16 section 225C.7 for the fiscal year beginning July 1, 2005, and
 29 17 ending June 30, 2006, the following amount, or so much thereof
 29 18 as is necessary, to be used for the purpose designated:
 29 19    For mental health and developmental disabilities community
 29 20 services in accordance with this division of this Act:
 29 21 ................................................. $ 17,757,890
 29 22    1.  Of the funds appropriated in this section, $17,727,890
 29 23 shall be allocated to counties for funding of community=based
 29 24 mental health and developmental disabilities services.  The
 29 25 moneys shall be allocated to a county as follows:
 29 26    a.  Fifty percent based upon the county's proportion of the
 29 27 state's population of persons with an annual income which is
 29 28 equal to or less than the poverty guideline established by the
 29 29 federal office of management and budget.
 29 30    b.  Fifty percent based upon the county's proportion of the
 29 31 state's general population.
 29 32    2.  a.  A county shall utilize the funding the county
 29 33 receives pursuant to subsection 1 for services provided to
 29 34 persons with a disability, as defined in section 225C.2.
 29 35 However, no more than 50 percent of the funding shall be used
 30  1 for services provided to any one of the service populations.
 30  2    b.  A county shall use at least 50 percent of the funding
 30  3 the county receives under subsection 1 for contemporary
 30  4 services provided to persons with a disability, as described
 30  5 in rules adopted by the department.
 30  6    3.  Of the funds appropriated in this section, $30,000
 30  7 shall be used to support the Iowa compass program providing
 30  8 computerized information and referral services for Iowans with
 30  9 disabilities and their families.
 30 10    4.  a.  Funding appropriated for purposes of the federal
 30 11 social services block grant is allocated for distribution to
 30 12 counties for local purchase of services for persons with
 30 13 mental illness or mental retardation or other developmental
 30 14 disability.
 30 15    b.  The funds allocated in this subsection shall be
 30 16 expended by counties in accordance with the county's approved
 30 17 county management plan.  A county without an approved county
 30 18 management plan shall not receive allocated funds until the
 30 19 county's management plan is approved.
 30 20    c.  The funds provided by this subsection shall be
 30 21 allocated to each county as follows:
 30 22    (1)  Fifty percent based upon the county's proportion of
 30 23 the state's population of persons with an annual income which
 30 24 is equal to or less than the poverty guideline established by
 30 25 the federal office of management and budget.
 30 26    (2)  Fifty percent based upon the amount provided to the
 30 27 county for local purchase of services in the preceding fiscal
 30 28 year.
 30 29    5.  A county is eligible for funds under this section if
 30 30 the county qualifies for a state payment as described in
 30 31 section 331.439.
 30 32    Sec. 25.  SEXUALLY VIOLENT PREDATORS.
 30 33    1.  There is appropriated from the general fund of the
 30 34 state to the department of human services for the fiscal year
 30 35 beginning July 1, 2005, and ending June 30, 2006, the
 31  1 following amount, or so much thereof as is necessary, to be
 31  2 used for the purpose designated:
 31  3    For costs associated with the commitment and treatment of
 31  4 sexually violent predators in the unit located at the state
 31  5 mental health institute at Cherokee, including costs of legal
 31  6 services and other associated costs, including salaries,
 31  7 support, maintenance, miscellaneous purposes, and for not more
 31  8 than the following full=time equivalent positions:
 31  9 .................................................. $  3,621,338
 31 10 ............................................... FTEs      65.00
 31 11    2.  Unless specifically prohibited by law, if the amount
 31 12 charged provides for recoupment of at least the entire amount
 31 13 of direct and indirect costs, the department of human services
 31 14 may contract with other states to provide care and treatment
 31 15 of persons placed by the other states at the unit for sexually
 31 16 violent predators at Cherokee.  The moneys received under such
 31 17 a contract shall be considered to be repayment receipts and
 31 18 used for the purposes of the appropriation made in this
 31 19 section.
 31 20    Sec. 26.  FIELD OPERATIONS.  There is appropriated from the
 31 21 general fund of the state to the department of human services
 31 22 for the fiscal year beginning July 1, 2005, and ending June
 31 23 30, 2006, the following amount, or so much thereof as is
 31 24 necessary, to be used for the purposes designated:
 31 25    For field operations, including salaries, support,
 31 26 maintenance, and miscellaneous purposes and for not more than
 31 27 the following full=time equivalent positions:
 31 28 .................................................. $ 53,519,372
 31 29 ............................................... FTEs   1,844.00
 31 30    Priority in filling full=time equivalent positions shall be
 31 31 given to those positions related to child protection services.
 31 32    Sec. 27.  GENERAL ADMINISTRATION.  There is appropriated
 31 33 from the general fund of the state to the department of human
 31 34 services for the fiscal year beginning July 1, 2005, and
 31 35 ending June 30, 2006, the following amount, or so much thereof
 32  1 as is necessary, to be used for the purpose designated:
 32  2    For general administration, including salaries, support,
 32  3 maintenance, and miscellaneous purposes and for not more than
 32  4 the following full=time equivalent positions:
 32  5 .................................................. $ 13,312,196
 32  6 ............................................... FTEs     292.00
 32  7    Of the funds appropriated in this section, $57,000 is
 32  8 allocated for the prevention of disabilities policy council
 32  9 established in section 225B.3.
 32 10    Sec. 28.  VOLUNTEERS.  There is appropriated from the
 32 11 general fund of the state to the department of human services
 32 12 for the fiscal year beginning July 1, 2005, and ending June
 32 13 30, 2006, the following amount, or so much thereof as is
 32 14 necessary, to be used for the purpose designated:
 32 15    For development and coordination of volunteer services:
 32 16 .................................................. $    109,568
 32 17    Sec. 29.  MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
 32 18 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
 32 19 DEPARTMENT OF HUMAN SERVICES.
 32 20    1.  a.  (1)  For the fiscal year beginning July 1, 2005,
 32 21 nursing facilities shall be reimbursed at 100 percent of the
 32 22 modified price=based case=mix reimbursement rate.  Nursing
 32 23 facilities reimbursed under the medical assistance program
 32 24 shall submit annual cost reports and additional documentation
 32 25 as required by rules adopted by the department.
 32 26    (2)  For the fiscal year beginning July 1, 2005, the total
 32 27 state funding amount for the nursing facility budget shall not
 32 28 exceed $160,002,891.  For the fiscal year beginning July 1,
 32 29 2005, and ending June 30, 2006, nursing facilities reimbursed
 32 30 under the case=mix reimbursement system shall have their
 32 31 allowable cost calculations adjusted by applying the most
 32 32 recently published HCFA/SNF index.  For the purpose of this
 32 33 subparagraph, the HCFA/SNF index means the HCFA total skilled
 32 34 nursing facility market basket index published by data
 32 35 resources, inc.  The department, in cooperation with nursing
 33  1 facility representatives, shall review projections for state
 33  2 funding expenditures for reimbursement of nursing facilities
 33  3 on a quarterly basis and the department shall determine if an
 33  4 adjustment to the medical assistance reimbursement rate is
 33  5 necessary in order to provide reimbursement within the state
 33  6 funding amount.  Any temporary enhanced federal financial
 33  7 participation that may become available to the Iowa medical
 33  8 assistance program during the fiscal year shall not be used in
 33  9 projecting the nursing facility budget.  Notwithstanding 2001
 33 10 Iowa Acts, chapter 192, section 4, subsection 2, paragraph
 33 11 "c", and subsection 3, paragraph "a", subparagraph (2), if the
 33 12 state funding expenditures for the nursing facility budget for
 33 13 the fiscal year beginning July 1, 2005, is projected to exceed
 33 14 the amount specified in this subparagraph, the department
 33 15 shall adjust the inflation factor of the reimbursement rate
 33 16 calculation for only the nursing facilities reimbursed under
 33 17 the case=mix reimbursement system to maintain expenditures of
 33 18 the nursing facility budget within the specified amount.
 33 19    b.  For the fiscal year beginning July 1, 2005, the
 33 20 department shall reimburse pharmacy dispensing fees using a
 33 21 single rate of $4.39 per prescription, or the pharmacy's usual
 33 22 and customary fee, whichever is lower.
 33 23    c.  For the fiscal year beginning July 1, 2005,
 33 24 reimbursement rates for inpatient and outpatient hospital
 33 25 services shall be increased by 3 percent over the rates in
 33 26 effect on June 30, 2005.  The department shall continue the
 33 27 outpatient hospital reimbursement system based upon ambulatory
 33 28 patient groups implemented pursuant to 1994 Iowa Acts, chapter
 33 29 1186, section 25, subsection 1, paragraph "f".  In addition,
 33 30 the department shall continue the revised medical assistance
 33 31 payment policy implemented pursuant to that paragraph to
 33 32 provide reimbursement for costs of screening and treatment
 33 33 provided in the hospital emergency room if made pursuant to
 33 34 the prospective payment methodology developed by the
 33 35 department for the payment of outpatient services provided
 34  1 under the medical assistance program.  Any rebasing of
 34  2 hospital inpatient or outpatient rates shall not increase
 34  3 total payments for inpatient and outpatient services beyond
 34  4 the 3 percent increase provided in this paragraph.
 34  5    d.  For the fiscal year beginning July 1, 2005,
 34  6 reimbursement rates for rural health clinics, hospices,
 34  7 independent laboratories, and acute mental hospitals shall be
 34  8 increased in accordance with increases under the federal
 34  9 Medicare program or as supported by their Medicare audited
 34 10 costs.
 34 11    e.  (1)  For the fiscal year beginning July 1, 2005,
 34 12 reimbursement rates for home health agencies shall be
 34 13 increased by 3 percent over the rates in effect on June 30,
 34 14 2005.
 34 15    (2)  The department shall establish a fixed=fee
 34 16 reimbursement schedule for home health agencies under the
 34 17 medical assistance program beginning July 1, 2006.
 34 18    f.  For the fiscal year beginning July 1, 2005, federally
 34 19 qualified health centers shall receive cost=based
 34 20 reimbursement for 100 percent of the reasonable costs for the
 34 21 provision of services to recipients of medical assistance.
 34 22    g.  Beginning July 1, 2005, the reimbursement rates for
 34 23 dental services shall be increased by 3 percent over the rates
 34 24 in effect on June 30, 2005.
 34 25    h.  Beginning July 1, 2005, the reimbursement rates for
 34 26 community mental health centers shall be increased by 3
 34 27 percent over the rates in effect on June 30, 2005.
 34 28    i.  For the fiscal year beginning July 1, 2005, the maximum
 34 29 reimbursement rate for psychiatric medical institutions for
 34 30 children shall be increased by 3 percent over the rate in
 34 31 effect on June 30, 2005, based on per day rates for actual
 34 32 costs.
 34 33    j.  For the fiscal year beginning July 1, 2005, unless
 34 34 otherwise specified in this Act, all noninstitutional medical
 34 35 assistance provider reimbursement rates shall be increased by
 35  1 3 percent over the rates in effect on June 30, 2005, except
 35  2 for area education agencies, local education agencies, infant
 35  3 and toddler services providers, and those providers whose
 35  4 rates are required to be determined pursuant to section
 35  5 249A.20.
 35  6    k.  Notwithstanding section 249A.20, for the fiscal year
 35  7 beginning July 1, 2005, the average reimbursement rate for
 35  8 health care providers eligible for use of the federal Medicare
 35  9 resource=based relative value scale reimbursement methodology
 35 10 under that section shall be increased by 3 percent over the
 35 11 rate in effect on June 30, 2005; however, this rate shall not
 35 12 exceed the maximum level authorized by the federal government.
 35 13    l.  Beginning July 1, 2005, the department shall reimburse
 35 14 physicians who administer injectable drugs in the physician's
 35 15 office or other appropriate noninstitutional setting in an
 35 16 amount that is equal to the invoiced cost paid by the
 35 17 physician to the manufacturer, vendor, or other recognized
 35 18 supplier from whom the drug was purchased under the medical
 35 19 assistance program.  A separate payment shall be made for
 35 20 administration of the drug.
 35 21    2.  For the fiscal year beginning July 1, 2005, the
 35 22 reimbursement rate for residential care facilities shall not
 35 23 be less than the minimum payment level as established by the
 35 24 federal government to meet the federally mandated maintenance
 35 25 of effort requirement.  The flat reimbursement rate for
 35 26 facilities electing not to file semiannual cost reports shall
 35 27 not be less than the minimum payment level as established by
 35 28 the federal government to meet the federally mandated
 35 29 maintenance of effort requirement.
 35 30    3.  For the fiscal year beginning July 1, 2005, the
 35 31 reimbursement rate for providers reimbursed under the in=
 35 32 home=related care program shall not be less than the minimum
 35 33 payment level as established by the federal government to meet
 35 34 the federally mandated maintenance of effort requirement.
 35 35    4.  Unless otherwise directed in this section, when the
 36  1 department's reimbursement methodology for any provider
 36  2 reimbursed in accordance with this section includes an
 36  3 inflation factor, this factor shall not exceed the amount by
 36  4 which the consumer price index for all urban consumers
 36  5 increased during the calendar year ending December 31, 2002.
 36  6    5.  Notwithstanding section 234.38, in the fiscal year
 36  7 beginning July 1, 2005, the foster family basic daily
 36  8 maintenance rate and the maximum adoption subsidy rate for
 36  9 children ages 0 through 5 years shall be $14.91, the rate for
 36 10 children ages 6 through 11 years shall be $15.58, the rate for
 36 11 children ages 12 through 15 years shall be $17.18, and the
 36 12 rate for children ages 16 and older shall be $17.27
 36 13    6.  For the fiscal year beginning July 1, 2005, the maximum
 36 14 reimbursement rates for social service providers shall be
 36 15 increased by 3 percent over the rates in effect on June 30,
 36 16 2005, or to the provider's actual and allowable cost plus
 36 17 inflation for each service, whichever is less.  The rates may
 36 18 also be adjusted under any of the following circumstances:
 36 19    a.  If a new service was added after June 30, 2005, the
 36 20 initial reimbursement rate for the service shall be based upon
 36 21 actual and allowable costs.
 36 22    b.  If a social service provider loses a source of income
 36 23 used to determine the reimbursement rate for the provider, the
 36 24 provider's reimbursement rate may be adjusted to reflect the
 36 25 loss of income, provided that the lost income was used to
 36 26 support actual and allowable costs of a service purchased
 36 27 under a purchase of service contract.
 36 28    7.  The group foster care reimbursement rates paid for
 36 29 placement of children out of state shall be calculated
 36 30 according to the same rate=setting principles as those used
 36 31 for in=state providers unless the director of human services
 36 32 or the director's designee determines that appropriate care
 36 33 cannot be provided within the state.  The payment of the daily
 36 34 rate shall be based on the number of days in the calendar
 36 35 month in which service is provided.
 37  1    8.  For the fiscal year beginning July 1, 2005, the
 37  2 reimbursement rates for rehabilitative treatment and support
 37  3 services providers shall be increased by 3 percent over the
 37  4 rates in effect on June 30, 2005.
 37  5    9.  a.  For the fiscal year beginning July 1, 2005, the
 37  6 combined service and maintenance components of the
 37  7 reimbursement rate paid for shelter care services purchased
 37  8 under a contract shall be based on the financial and
 37  9 statistical report submitted to the department.  The maximum
 37 10 reimbursement rate shall be $86.20 per day.  The department
 37 11 shall reimburse a shelter care provider at the provider's
 37 12 actual and allowable unit cost, plus inflation, not to exceed
 37 13 the maximum reimbursement rate.
 37 14    b.  Notwithstanding section 232.141, subsection 8, for the
 37 15 fiscal year beginning July 1, 2005, the amount of the
 37 16 statewide average of the actual and allowable rates for
 37 17 reimbursement of juvenile shelter care homes that is utilized
 37 18 for the limitation on recovery of unpaid costs shall be
 37 19 increased by $2.51 over the amount in effect for this purpose
 37 20 in the preceding fiscal year.
 37 21    c.  Notwithstanding section 8A.311, commencing during the
 37 22 fiscal year beginning July 1, 2005, the department may enter
 37 23 into contracts with shelter care providers as necessary to
 37 24 maintain the availability of shelter care services for
 37 25 children in all areas of the state.
 37 26    10.  For the fiscal year beginning July 1, 2005, the
 37 27 department shall calculate reimbursement rates for
 37 28 intermediate care facilities for persons with mental
 37 29 retardation at the 80th percentile.
 37 30    11.  For the fiscal year beginning July 1, 2005, for child
 37 31 care providers reimbursed under the state child care
 37 32 assistance program, the department shall set provider
 37 33 reimbursement rates based on the rate reimbursement survey
 37 34 completed in December 1998.  However, if the federal
 37 35 government provides additional funding for child care during
 38  1 the fiscal year beginning July 1, 2005, the department shall
 38  2 set provider reimbursement rates based on the rate
 38  3 reimbursement survey completed in December 2002, to the extent
 38  4 made possible by the additional funding.  The department shall
 38  5 set rates in a manner so as to provide incentives for a
 38  6 nonregistered provider to become registered.
 38  7    12.  For the fiscal year beginning July 1, 2005,
 38  8 reimbursements for providers reimbursed by the department of
 38  9 human services may be modified if appropriated funding is
 38 10 allocated for that purpose from the senior living trust fund
 38 11 created in section 249H.4, or as specified in appropriations
 38 12 from the healthy Iowans tobacco trust created in section
 38 13 12.65.
 38 14    13.  The department may adopt emergency rules to implement
 38 15 this section.
 38 16    Sec. 30.  EMERGENCY RULES.  If specifically authorized by a
 38 17 provision of this division of this Act, the department of
 38 18 human services or the mental health, mental retardation,
 38 19 developmental disabilities, and brain injury commission may
 38 20 adopt administrative rules under section 17A.4, subsection 2,
 38 21 and section 17A.5, subsection 2, paragraph "b", to implement
 38 22 the provisions and the rules shall become effective
 38 23 immediately upon filing or on a later effective date specified
 38 24 in the rules, unless the effective date is delayed by the
 38 25 administrative rules review committee.  Any rules adopted in
 38 26 accordance with this section shall not take effect before the
 38 27 rules are reviewed by the administrative rules review
 38 28 committee.  The delay authority provided to the administrative
 38 29 rules review committee under section 17A.4, subsection 5, and
 38 30 section 17A.8, subsection 9, shall be applicable to a delay
 38 31 imposed under this section, notwithstanding a provision in
 38 32 those sections making them inapplicable to section 17A.5,
 38 33 subsection 2, paragraph "b".  Any rules adopted in accordance
 38 34 with the provisions of this section shall also be published as
 38 35 notice of intended action as provided in section 17A.4.
 39  1    Sec. 31.  REPORTS.
 39  2    Any reports or information required to be compiled and
 39  3 submitted under this division of this Act shall be submitted
 39  4 to the chairpersons and ranking members of the joint
 39  5 appropriations subcommittee on health and human services, the
 39  6 legislative services agency, and the legislative caucus staffs
 39  7 on or before the dates specified for submission of the reports
 39  8 or information.
 39  9    Sec. 32.  Section 249A.20, Code 2005, is amended to read as
 39 10 follows:
 39 11    249A.20  NONINSTITUTIONAL HEALTH PROVIDERS ==
 39 12 REIMBURSEMENT.
 39 13    1.  Beginning November 1, 2000, the department shall use
 39 14 the federal Medicare resource=based relative value scale
 39 15 methodology to reimburse all applicable noninstitutional
 39 16 health providers, excluding anesthesia and dental services,
 39 17 that on June 30, 2000, are reimbursed on a fee=for=service
 39 18 basis for provision of services under the medical assistance
 39 19 program.  The department shall apply the federal Medicare
 39 20 resource=based relative value scale methodology to such health
 39 21 providers in the same manner as the methodology is applied
 39 22 under the federal Medicare program and shall not utilize the
 39 23 resource=based relative value scale methodology in a manner
 39 24 that discriminates between such health providers.  The
 39 25 reimbursement schedule shall be adjusted annually on July 1,
 39 26 and shall provide for reimbursement that is not less than the
 39 27 reimbursement provided under the fee schedule established for
 39 28 Iowa under the federal Medicare program in effect on January 1
 39 29 of that calendar year.
 39 30    2.  Beginning July 1, 2005, the department shall reimburse
 39 31 noninstitutional health providers of anesthesia services using
 39 32 the conversion factor for anesthesia services applicable to
 39 33 the federal Medicare program.
 39 34    3.  A provider reimbursed under section 249A.31 is not a
 39 35 noninstitutional health provider.
 40  1    Sec. 33.  2004 Iowa Acts, chapter 1175, section 113, is
 40  2 amended by adding the following new subsection:
 40  3    NEW SUBSECTION.  5.  Notwithstanding section 8.33, moneys
 40  4 appropriated in this section that were allocated by the
 40  5 department for the purpose of meeting federal food stamp
 40  6 electronic benefit transfer requirements that remain
 40  7 unencumbered or unobligated at the close of the fiscal year
 40  8 shall not revert but shall remain available for expenditure
 40  9 for the purpose designated until the close of the succeeding
 40 10 fiscal year.
 40 11    Sec. 34.  2004 Iowa Acts, chapter 1175, section 135, is
 40 12 amended by adding the following new subsection:
 40 13    NEW SUBSECTION.  3.  Notwithstanding section 8.33, moneys
 40 14 appropriated in this section for field operations that remain
 40 15 unencumbered or unobligated at the close of the fiscal year
 40 16 shall not revert but shall remain available for expenditure
 40 17 for the purposes designated with up to fifty percent to be
 40 18 used for implementation and operational costs associated with
 40 19 Part D of the federal Medicare Prescription Drug, Improvement,
 40 20 and Modernization Act of 2003, Pub. L. No. 108=173, for the
 40 21 purposes designated until the close of the succeeding fiscal
 40 22 year.
 40 23    Sec. 35.  EFFECTIVE DATES.  The following provisions of
 40 24 this division of this Act, being deemed of immediate
 40 25 importance, take effect upon enactment:
 40 26    1.  The provision under the appropriation for child and
 40 27 family services, relating to requirements of section 232.143
 40 28 for representatives of the department of human services and
 40 29 juvenile court services to establish a plan for continuing
 40 30 group foster care expenditures for the 2005=2006 fiscal year.
 40 31    2.  The provision under the appropriation for child and
 40 32 family services, relating to the state court administrator
 40 33 determining allocation of court=ordered services funding by
 40 34 June 15, 2005.
 40 35    3.  The provision amending 2004 Iowa Acts, chapter 1175,
 41  1 section 113.
 41  2    4.  The provision amending 2004 Iowa Acts, chapter 1175,
 41  3 section 135.
 41  4                           DIVISION II
 41  5             SENIOR LIVING AND HOSPITAL TRUST FUNDS
 41  6    Sec. 36.  DEPARTMENT OF ELDER AFFAIRS.  There is
 41  7 appropriated from the senior living trust fund created in
 41  8 section 249H.4 to the department of elder affairs for the
 41  9 fiscal year beginning July 1, 2005, and ending June 30, 2006,
 41 10 the following amount, or so much thereof as is necessary, to
 41 11 be used for the purpose designated:
 41 12    For the development and implementation of a comprehensive
 41 13 senior living program, including program administration and
 41 14 costs associated with implementation, salaries, support,
 41 15 maintenance, and miscellaneous purposes and for not more than
 41 16 the following full=time equivalent positions:
 41 17 .................................................. $  8,289,368
 41 18 ............................................... FTEs       3.00
 41 19    Notwithstanding section 249H.7, the department of elder
 41 20 affairs shall distribute up to $400,000 of the funds
 41 21 appropriated in this section in a manner that will supplement
 41 22 and maximize federal funds under the federal Older Americans
 41 23 Act and shall not use the amount distributed for any
 41 24 administrative purposes of either the department of elder
 41 25 affairs or the area agencies on aging.
 41 26    Sec. 37.  DEPARTMENT OF INSPECTIONS AND APPEALS.  There is
 41 27 appropriated from the senior living trust fund created in
 41 28 section 249H.4 to the department of inspections and appeals
 41 29 for the fiscal year beginning July 1, 2005, and ending June
 41 30 30, 2006, the following amount, or so much thereof as is
 41 31 necessary, to be used for the purpose designated:
 41 32    For the inspection and certification of assisted living
 41 33 facilities and adult day care services, including program
 41 34 administration and costs associated with implementation,
 41 35 salaries, support, maintenance, and miscellaneous purposes and
 42  1 for not more than the following full=time equivalent
 42  2 positions:
 42  3 .................................................. $    732,750
 42  4 ............................................... FTEs       5.00
 42  5    Sec. 38.  DEPARTMENT OF HUMAN SERVICES.  There is
 42  6 appropriated from the senior living trust fund created in
 42  7 section 249H.4 to the department of human services for the
 42  8 fiscal year beginning July 1, 2005, and ending June 30, 2006,
 42  9 the following amounts, or so much thereof as is necessary, to
 42 10 be used for the purposes designated:
 42 11    1.  To supplement the medical assistance appropriation,
 42 12 including program administration and costs associated with
 42 13 implementation, salaries, support, maintenance, and
 42 14 miscellaneous purposes:
 42 15 .................................................. $ 43,700,000
 42 16    2.  To provide reimbursement for health care services to
 42 17 eligible persons through the home and community=based services
 42 18 waiver and the state supplementary assistance program,
 42 19 including program administration and data system costs
 42 20 associated with implementation, salaries, support,
 42 21 maintenance, and miscellaneous purposes and for not more than
 42 22 the following full=time equivalent positions:
 42 23 .................................................. $  1,033,406
 42 24 ............................................... FTEs       5.00
 42 25    3.  To implement nursing facility provider reimbursements
 42 26 as provided in 2001 Iowa Acts, chapter 192, section 4,
 42 27 subsection 2, paragraph "c":
 42 28 .................................................. $ 29,950,000
 42 29    In order to carry out the purposes of this section, the
 42 30 department shall transfer funds appropriated in this section
 42 31 to supplement other appropriations made to the department of
 42 32 human services.
 42 33    4.  Notwithstanding sections 249H.4 and 249H.5, the
 42 34 department of human services may use moneys from the senior
 42 35 living trust fund for cash flow purposes to make payments
 43  1 under the nursing facility or hospital upper payment limit
 43  2 methodology.  The amount of any moneys so used shall be
 43  3 refunded to the senior living trust fund within the same
 43  4 fiscal year and in a prompt manner.
 43  5    Sec. 39.  ASSISTED LIVING CONVERSION GRANTS ==
 43  6 NONREVERSION.  Notwithstanding section 8.33, moneys committed
 43  7 from the senior living trust fund to grantees under contract
 43  8 to provide for conversion to assisted living programs or for
 43  9 development of long=term care alternatives that remain
 43 10 unexpended at the close of any fiscal year shall not revert to
 43 11 any fund but shall remain available for expenditure for
 43 12 purposes of the contract.
 43 13    Sec. 40.  IOWA FINANCE AUTHORITY.  There is appropriated
 43 14 from the senior living trust fund created in section 249H.4 to
 43 15 the Iowa finance authority for the fiscal year beginning July
 43 16 1, 2005, and ending June 30, 2006, the following amount, or so
 43 17 much thereof as is necessary, to be used for the purposes
 43 18 designated:
 43 19    To provide reimbursement for rent expenses to eligible
 43 20 persons:
 43 21 .................................................. $    700,000
 43 22    Participation in the rent subsidy program shall be limited
 43 23 to only those persons who are at risk for nursing facility
 43 24 care.
 43 25    Sec. 41.  HOSPITAL TRUST FUND.  There is appropriated from
 43 26 the hospital trust fund created in section 249I.4 to the
 43 27 department of human services for the fiscal year beginning
 43 28 July 1, 2005, and ending June 30, 2006, the following amount,
 43 29 or so much thereof as is necessary, to be used for the purpose
 43 30 designated:
 43 31    To supplement the appropriations made for the medical
 43 32 assistance program for that fiscal year:
 43 33 .................................................. $ 22,900,000
 43 34    Sec. 42.  MEDICAL ASSISTANCE PROGRAM == REVERSION TO SENIOR
 43 35 LIVING TRUST FUND FOR FY 2005=2006.  Notwithstanding section
 44  1 8.33, if moneys appropriated in this Act for purposes of the
 44  2 medical assistance program for the fiscal year beginning July
 44  3 1, 2005, and ending June 30, 2006, from the general fund of
 44  4 the state, the senior living trust fund, the hospital trust
 44  5 fund, or the healthy Iowans tobacco trust fund are in excess
 44  6 of actual expenditures for the medical assistance program and
 44  7 remain unencumbered or unobligated at the close of the fiscal
 44  8 year, the excess moneys shall not revert but shall be
 44  9 transferred to the senior living trust fund created in section
 44 10 249H.4.
 44 11    Sec. 43.  EFFECTIVE DATE.  The section of this division of
 44 12 this Act relating to nonreversion of assisted living
 44 13 conversion grant moneys, being deemed of immediate importance,
 44 14 takes effect upon enactment.
 44 15                          DIVISION III
 44 16               MENTAL HEALTH, MENTAL RETARDATION,
 44 17                   DEVELOPMENTAL DISABILITIES,
 44 18                    AND BRAIN INJURY SERVICES
 44 19    Sec. 44.  2004 Iowa Acts, chapter 1175, section 173,
 44 20 subsection 2, paragraph c, is amended to read as follows:
 44 21    c.  For deposit in the risk pool created in the property
 44 22 tax relief fund and for distribution in accordance with
 44 23 section 426B.5, subsection 2 To the department of human
 44 24 services for supplementation of the appropriations made for
 44 25 the medical assistance program for the fiscal year beginning
 44 26 July 1, 2005, and ending June 30, 2006:
 44 27 .................................................. $  2,000,000
 44 28    Sec. 45.  2004 Iowa Acts, chapter 1175, section 173, is
 44 29 amended by adding the following new subsections:
 44 30    NEW SUBSECTION.  3.  The following formula amounts shall be
 44 31 utilized only to calculate preliminary distribution amounts
 44 32 for fiscal year 2005=2006 under this section by applying the
 44 33 indicated formula provisions to the formula amounts and
 44 34 producing a preliminary distribution total for each county:
 44 35    a.  For calculation of an allowed growth factor adjustment
 45  1 amount for each county in accordance with the formula in
 45  2 section 331.438, subsection 2, paragraph "b":
 45  3 .................................................. $ 12,000,000
 45  4    b.  For calculation of a distribution amount for eligible
 45  5 counties from the per capita expenditure target pool created
 45  6 in the property tax relief fund in accordance with the
 45  7 requirements in section 426B.5, subsection 1:
 45  8 .................................................. $ 14,507,362
 45  9    c.  For calculation of a distribution amount for counties
 45 10 from the mental health and developmental disabilities (MH/DD)
 45 11 community services fund in accordance with the formula
 45 12 provided in the appropriation made for the MH/DD community
 45 13 services fund for the fiscal year beginning July 1, 2005:
 45 14 .................................................. $ 17,727,890
 45 15    NEW SUBSECTION.  4.  After applying the applicable
 45 16 statutory distribution formulas to the amounts indicated in
 45 17 subsection 3 for purposes of producing preliminary
 45 18 distribution totals, the department of human services shall
 45 19 apply a withholding factor to adjust an eligible individual
 45 20 county's preliminary distribution total.  An ending balance
 45 21 percentage for each county shall be determined by expressing
 45 22 the county's ending balance on a modified accrual basis under
 45 23 generally accepted accounting principles for the fiscal year
 45 24 beginning July 1, 2004, in the county's mental health, mental
 45 25 retardation, and developmental disabilities services fund
 45 26 created under section 331.424A, as a percentage of the
 45 27 county's gross expenditures from that fund for that fiscal
 45 28 year.  The withholding factor for a county shall be the
 45 29 following applicable percent:
 45 30    a.  For an ending balance percentage of less than 10
 45 31 percent, a withholding factor of 0 percent.  In addition to
 45 32 the county's adjusted distribution total, a county that is
 45 33 subject to this paragraph "a" shall receive an inflation
 45 34 adjustment equal to 2.6 percent of the gross expenditures
 45 35 reported for the county's services fund for that fiscal year.
 46  1    b.  For an ending balance percentage of 10 through 24
 46  2 percent, a withholding factor of 25 percent.  However, the
 46  3 amount withheld shall be limited to the amount by which the
 46  4 county's ending balance was in excess of the ending balance
 46  5 percentage of 10 percent.
 46  6    c.  For an ending balance percentage of 25 percent or more,
 46  7 a withholding factor of 100 percent.
 46  8    NEW SUBSECTION.  5.  The total withholding amounts applied
 46  9 pursuant to subsection 4 shall be equal to a withholding
 46 10 target amount of $4,659,749.  If the department of human
 46 11 services determines that the amount to be withheld in
 46 12 accordance with subsection 4 is not equal to the target
 46 13 withholding amount, the department shall adjust the
 46 14 withholding factors listed in subsection 4 as necessary to
 46 15 achieve the withholding target amount.  However, in making
 46 16 such adjustments to the withholding factors, the department
 46 17 shall strive to minimize changes to the withholding factors
 46 18 for those ending balance percentage ranges that are lower than
 46 19 others and shall not adjust the zero withholding factor or the
 46 20 inflation adjustment percentage specified in subsection 4,
 46 21 paragraph "a".
 46 22                           DIVISION IV
 46 23                          CODE CHANGES
 46 24    Sec. 46.  Section 28.9, subsection 3, Code 2005, is amended
 46 25 to read as follows:
 46 26    3.  a.  An early childhood programs grant account is
 46 27 created in the Iowa empowerment fund under the authority of
 46 28 the director of human services.  Moneys credited to the
 46 29 account are appropriated to and shall be distributed by the
 46 30 department of human services in the form of grants to
 46 31 community empowerment areas pursuant to criteria established
 46 32 by the Iowa board in accordance with law.  The criteria shall
 46 33 include but are not limited to a requirement that a community
 46 34 empowerment area must be designated by the Iowa board in
 46 35 accordance with section 28.5, in order to be eligible to
 47  1 receive an early childhood programs grant.
 47  2    b.  The maximum funding amount a community empowerment area
 47  3 is eligible to receive from the early childhood programs grant
 47  4 account for a fiscal year shall be determined by applying the
 47  5 area's percentage of the state's average monthly family
 47  6 investment program population in the preceding fiscal year to
 47  7 the total amount credited to the account for the fiscal year.
 47  8    c.  A community empowerment area receiving funding from the
 47  9 early childhood program grant account shall comply with any
 47 10 federal reporting requirements associated with the use of that
 47 11 funding and other results and reporting requirements
 47 12 established by the Iowa empowerment board.  The department of
 47 13 human services shall provide technical assistance in
 47 14 identifying and meeting the federal requirements.  The
 47 15 availability of funding provided from the account is subject
 47 16 to changes in federal requirements and amendments to Iowa law.
 47 17    d.  The moneys distributed from the early childhood program
 47 18 grant account shall be used by community empowerment areas for
 47 19 the purposes of enhancing quality child care capacity in
 47 20 support of parent capability to obtain or retain employment.
 47 21 The moneys shall be used with a primary emphasis on low=income
 47 22 families and children from birth to five years of age.  Moneys
 47 23 shall be provided in a flexible manner and shall be used to
 47 24 implement strategies identified by the community empowerment
 47 25 area to achieve such purposes.  The department of human
 47 26 services may use a portion of the funding appropriated to the
 47 27 department under this subsection for provision of technical
 47 28 assistance and other support to community empowerment areas
 47 29 developing and implementing strategies with grant moneys
 47 30 distributed from the account.
 47 31    e.  Moneys from a federal block grant that are credited to
 47 32 the early childhood program grant account but are not
 47 33 distributed to a community empowerment area or otherwise
 47 34 remain unobligated or unexpended at the end of the fiscal year
 47 35 shall revert to the fund created in section 8.41 to be
 48  1 available for appropriation by the general assembly in a
 48  2 subsequent fiscal year.
 48  3    Sec. 47.  NEW SECTION.  35D.18  NET GENERAL FUND
 48  4 APPROPRIATION == PURPOSE.
 48  5    1.  The Iowa veterans home shall operate on the basis of a
 48  6 net appropriation from the general fund of the state.  The
 48  7 appropriation amount shall be the net amount of state moneys
 48  8 projected to be needed for the Iowa veterans home for the
 48  9 fiscal year of the appropriation.  The purpose of utilizing a
 48 10 net appropriation is to encourage the Iowa veterans home to
 48 11 operate with increased self=sufficiency, to improve quality
 48 12 and efficiency, and to support collaborative efforts among all
 48 13 providers of funding for the services available from the Iowa
 48 14 veterans home.
 48 15    2.  The net appropriation made to the Iowa veterans home
 48 16 may be used throughout the fiscal year in the manner necessary
 48 17 for purposes of cash flow management, and for cash flow
 48 18 management, the Iowa veterans home may temporarily draw more
 48 19 than the amount appropriated, provided the amount appropriated
 48 20 is not exceeded at the close of the fiscal year.
 48 21    3.  Revenues received that are attributed to the Iowa
 48 22 veterans home during a fiscal year shall be credited to the
 48 23 Iowa veterans home account and shall be considered repayment
 48 24 receipts as defined in section 8.2, including but not limited
 48 25 to all of the following:
 48 26    a.  Federal veterans administration payments.
 48 27    b.  Medical assistance program revenue received under
 48 28 chapter 249A.
 48 29    c.  Federal Medicare program payments.
 48 30    d.  Other revenues generated from current, new, or expanded
 48 31 services that the Iowa veterans home is authorized to provide.
 48 32    4.  For purposes of allocating moneys to the Iowa veterans
 48 33 home from the salary adjustment fund created in section 8.43,
 48 34 the Iowa veterans home shall be considered to be funded
 48 35 entirely with state moneys.
 49  1    5.  Notwithstanding section 8.33, up to five hundred
 49  2 thousand dollars of the Iowa veterans home revenue that remain
 49  3 unencumbered or unobligated at the close of the fiscal year
 49  4 shall not revert but shall remain available for expenditure
 49  5 for purposes of the Iowa veterans home until the close of the
 49  6 succeeding fiscal year.
 49  7    Sec. 48.  Section 84A.6, subsection 2, Code 2005, is
 49  8 amended to read as follows:
 49  9    2.  a.  The director of the department of workforce
 49 10 development, in cooperation with the department of human
 49 11 services, shall provide job placement and training to persons
 49 12 referred by the department of human services under the
 49 13 promoting independence and self=sufficiency through employment
 49 14 job opportunities and basic skills program established
 49 15 pursuant to chapter 239B and the food stamp employment and
 49 16 training program.
 49 17    b.  The department of workforce development, in
 49 18 consultation with the department of human services, shall
 49 19 develop and implement departmental recruitment and employment
 49 20 practices that address the needs of former and current
 49 21 participants in the family investment program under chapter
 49 22 239B.
 49 23    Sec. 49.  NEW SECTION.  135.39C  ELDERLY WELLNESS SERVICES
 49 24 == PAYOR OF LAST RESORT.
 49 25    The department shall implement elderly wellness services in
 49 26 a manner that ensures that the services provided are not
 49 27 payable by a third=party source.
 49 28    Sec. 50.  Section 135.150, Code 2005, is amended by adding
 49 29 the following new subsection:
 49 30    NEW SUBSECTION.  5.  Persons with a dual diagnosis of
 49 31 substance abuse and a gambling addiction shall be given
 49 32 priority in treatment services funded by the gambling
 49 33 treatment fund.
 49 34    Sec. 51.  Section 136C.10, subsection 1, Code 2005, is
 49 35 amended to read as follows:
 50  1    1.  a.  The department shall establish and collect fees for
 50  2 the licensing and amendment of licenses for radioactive
 50  3 materials, the registration of radiation machines, the
 50  4 periodic inspection of radiation machines and radioactive
 50  5 materials, and the implementation of section 136C.3,
 50  6 subsection 2.  Fees shall be in amounts sufficient to defray
 50  7 the cost of administering this chapter.  The license fee may
 50  8 include the cost of environmental surveillance activities to
 50  9 assess the radiological impact of activities conducted by
 50 10 licensees.
 50 11    b.  Fees collected shall be remitted to the treasurer of
 50 12 state who shall deposit the funds in the general fund of the
 50 13 state.  However, the fees collected from the licensing,
 50 14 registration, authorization, accreditation, and inspection of
 50 15 radiation machines used for mammographically guided breast
 50 16 biopsy, screening, and diagnostic mammography shall be used to
 50 17 support the department's administration of this chapter and
 50 18 the fees collected shall be considered repayment receipts, as
 50 19 defined in section 8.2.
 50 20    c.  When a registrant or licensee fails to pay the
 50 21 applicable fee the department may suspend or revoke the
 50 22 registration or license or may issue an appropriate order.
 50 23 Fees for the license, amendment of a license, and inspection
 50 24 of radioactive material shall not exceed the fees prescribed
 50 25 by the United States nuclear regulatory commission.
 50 26    Sec. 52.  Section 144.13A, subsection 4, paragraph a,
 50 27 unnumbered paragraph 2, Code 2005, is amended to read as
 50 28 follows:
 50 29    Beginning July 1, 2005, ten Ten dollars of each
 50 30 registration fee is appropriated and shall be used for primary
 50 31 and secondary child abuse prevention programs pursuant to
 50 32 section 235A.1, and ten dollars of each registration fee is
 50 33 appropriated and shall be used for the center for congenital
 50 34 and inherited disorders central registry established pursuant
 50 35 to section 136A.6.  Notwithstanding section 8.33, moneys
 51  1 appropriated in this unnumbered paragraph that remain
 51  2 unencumbered or unobligated at the close of the fiscal year
 51  3 shall not revert but shall remain available for expenditure
 51  4 for the purposes designated until the close of the succeeding
 51  5 fiscal year.
 51  6    Sec. 53.  NEW SECTION.  144.46A  VITAL RECORDS
 51  7 MODERNIZATION == INCREASE IN FEES.
 51  8    1.  The department shall establish a vital records
 51  9 modernization project.  The project shall include provisions
 51 10 for purchase of an electronic system for vital records
 51 11 scanning, data capture, storage, retrieval, and issuance
 51 12 activities.  Other project provisions shall include
 51 13 streamlining of administrative procedures and electronically
 51 14 linking offices of clerks of the district court with the state
 51 15 vital records so that the records may be issued at the county
 51 16 level.
 51 17    2.  The department shall adopt rules providing for an
 51 18 increase in the fees charged by the state registrar for vital
 51 19 records services pursuant to section 144.46.  The fee increase
 51 20 implemented pursuant to this section shall not apply to the
 51 21 fees charged by the clerks of the district court for vital
 51 22 records services.  The fee increase shall be in an amount
 51 23 necessary to maintain the vital records modernization project
 51 24 in accordance with the provisions of subsection 1.
 51 25    3.  The revenue derived from the amount of the fee increase
 51 26 is annually appropriated to the department for the costs of
 51 27 the project.  Notwithstanding section 8.33, moneys
 51 28 appropriated to the department pursuant to this subsection
 51 29 that remain unencumbered or unobligated at the end of a fiscal
 51 30 year shall not revert to any fund but shall remain available
 51 31 for expenditure for the purposes designated in the succeeding
 51 32 fiscal year.
 51 33    Sec. 54.  NEW SECTION.  147.28A  SCOPE OF PRACTICE REVIEW
 51 34 COMMITTEES == FUTURE REPEAL.
 51 35    1.  The department shall utilize scope of practice review
 52  1 committees to evaluate and make recommendations to the general
 52  2 assembly and to the appropriate examining boards regarding all
 52  3 of the following issues:
 52  4    a.  Requests from practitioners seeking to become newly
 52  5 licensed health professionals or to establish their own
 52  6 examining boards.
 52  7    b.  Requests from health professionals seeking to expand or
 52  8 narrow the scope of practice of a health profession.
 52  9    c.  Unresolved administrative rulemaking disputes between
 52 10 examining boards.
 52 11    2.  A scope of practice review committee established under
 52 12 this section shall evaluate the issues specified in subsection
 52 13 1 and make recommendations regarding proposed changes to the
 52 14 general assembly based on the following standards and
 52 15 guidelines:
 52 16    a.  The proposed change does not pose a significant new
 52 17 danger to the public.
 52 18    b.  Enacting the proposed change will benefit the health,
 52 19 safety, or welfare of the public.
 52 20    c.  The public cannot be effectively protected by other
 52 21 more cost=effective means.
 52 22    3.  A scope of practice review committee shall be limited
 52 23 to five members as follows:
 52 24    a.  One member representing the profession seeking
 52 25 licensure, a new examining board, or a change in scope of
 52 26 practice.
 52 27    b.  One member of the health profession directly impacted
 52 28 by, or opposed to, the proposed change.
 52 29    c.  One impartial health professional who is not directly
 52 30 or indirectly affected by the proposed change.
 52 31    d.  Two impartial members of the general public.
 52 32    4.  The department may contract with a school or college of
 52 33 public health to assist in implementing this section.
 52 34    5.  The department shall submit an annual progress report
 52 35 to the governor and the general assembly by January 15 and
 53  1 shall include any recommendations for legislative action as a
 53  2 result of review committee activities.
 53  3    6.  The department shall adopt rules in accordance with
 53  4 chapter 17A to implement this section.
 53  5    7.  This section is repealed July 1, 2007.
 53  6    Sec. 55.  Section 147.82, Code 2005, is amended to read as
 53  7 follows:
 53  8    147.82  FEES.
 53  9    All fees shall be collected by the department and shall be
 53 10 paid to the treasurer of state and deposited in credited to
 53 11 the general fund of the state, except as provided in sections
 53 12 147.94 and 147.102. for the following:
 53 13    1.  Fees collected by the board of pharmacy examiners shall
 53 14 be credited as provided in section 147.94.
 53 15    2.  Fees collected by the examining boards of
 53 16 psychologists, chiropractors, and dentists shall be credited
 53 17 as provided in section 147.102.
 53 18    3.  Notwithstanding section 12.10, the department may
 53 19 temporarily increase licensing fees and may retain and expend
 53 20 additional funds received from the increase, if those
 53 21 additional fees and expenditures are directly the result of
 53 22 any unanticipated litigation expense or an expense associated
 53 23 with a scope of practice review committee created pursuant to
 53 24 section 147.28A.  Before the department retains or expends
 53 25 funds for a scope of practice review committee or for an
 53 26 amount in excess of the funds budgeted for an examining board,
 53 27 the director of the department of management shall approve the
 53 28 expenditure or encumbrance.  The amounts authorized under this
 53 29 subsection to fund any unanticipated litigation or a scope of
 53 30 practice review committee expense in a fiscal year shall not
 53 31 exceed five percent of the average annual fees generated by
 53 32 the boards for the previous two fiscal years.  The amount
 53 33 authorized for expenditure pursuant to this subsection shall
 53 34 be considered repayment receipts as defined in section 8.2.
 53 35    4.  In addition to the amount authorized in section 12.10,
 54  1 the department may annually retain and expend not more than
 54  2 two hundred ninety=seven thousand nine hundred sixty=one
 54  3 dollars for lease and maintenance expenses from fees collected
 54  4 pursuant to section 147.80 by the board of dental examiners,
 54  5 the board of pharmacy examiners, the board of medical
 54  6 examiners, and the board of nursing.  Fees retained by the
 54  7 department pursuant to this subsection shall be considered
 54  8 repayment receipts as defined in section 8.2.
 54  9    5.  In addition to the amount authorized in section 12.10,
 54 10 the department may annually retain and expend not more than
 54 11 one hundred thousand dollars for reduction of the number of
 54 12 days necessary to process medical license requests and for
 54 13 reduction of the number of days needed for consideration of
 54 14 malpractice cases from fees collected pursuant to section
 54 15 147.80 by the board of medical examiners in the fiscal year
 54 16 beginning July 1, 2005, and ending June 30, 2006.  Fees
 54 17 retained by the department pursuant to this subsection shall
 54 18 be considered repayment receipts as defined in section 8.2 and
 54 19 shall be used for the purposes described in this subsection.
 54 20    6.  In addition to the amount authorized in section 12.10,
 54 21 the board of dental examiners may annually retain and expend
 54 22 not more than one hundred forty=eight thousand sixty dollars
 54 23 from revenues generated pursuant to section 147.80.  Fees
 54 24 retained by the board pursuant to this subsection shall be
 54 25 considered repayment receipts as defined in section 8.2 and
 54 26 shall be used for the purposes of regulating dental
 54 27 assistants.
 54 28    7.  The board of medical examiners, the board of pharmacy
 54 29 examiners, the board of dental examiners, and the board of
 54 30 nursing shall retain their individual executive officers, but
 54 31 shall make every effort to share administrative, clerical, and
 54 32 investigative staffs to the greatest extent possible.  The
 54 33 department shall annually submit a status report to the
 54 34 general assembly in December regarding the sharing of staff
 54 35 during the previous fiscal year.
 55  1    8.  In addition to the amount authorized in section 12.10,
 55  2 the board of nursing may annually retain and expend ninety
 55  3 percent of the revenues generated from any increase in
 55  4 licensing fees pursuant to section 147.80 for purposes related
 55  5 to the board's duties, including but not limited to the
 55  6 addition of full=time equivalent positions for program
 55  7 services and investigations.  The board may retain and expend
 55  8 the same dollar amount in subsequent fiscal years as was
 55  9 retained and expended from the initial year of the increase in
 55 10 licensing fees.  Fees retained by the board pursuant to this
 55 11 subsection shall be considered repayment receipts, as defined
 55 12 in section 8.2, and shall be used for the purposes described
 55 13 in this subsection.
 55 14    9.  In addition to the amount authorized in section 12.10,
 55 15 the board of pharmacy examiners may retain and expend ninety
 55 16 percent of the revenues generated from any increase in
 55 17 licensing fees pursuant to sections 124.301 and 147.80, and
 55 18 chapter 155A, for purposes related to the board's duties,
 55 19 including but not limited to the addition of full=time
 55 20 equivalent positions.  The board may retain and expend the
 55 21 same dollar amount in subsequent fiscal years as was retained
 55 22 and expended from the initial year of the increase in
 55 23 licensing fees.  Fees retained by the board pursuant to this
 55 24 subsection shall be considered repayment receipts, as defined
 55 25 in section 8.2, and shall be used for the purposes described
 55 26 in this subsection.
 55 27    Sec. 56.  Section 217.13, subsection 1, Code 2005, is
 55 28 amended to read as follows:
 55 29    1.  The department of human services shall establish
 55 30 volunteer programs designed to enhance the services provided
 55 31 by the department.  Roles for volunteers may include but shall
 55 32 not be limited to parent aides, friendly visitors, commodity
 55 33 distributors, clerical assistants, and medical transporters,
 55 34 and other functions to complement and supplement the
 55 35 department's work with clients.  Roles for volunteers shall
 56  1 include conservators and guardians.  The department shall
 56  2 adopt rules for programs which are established.
 56  3    Sec. 57.  NEW SECTION.  217.35  FRAUD AND RECOUPMENT
 56  4 ACTIVITIES.
 56  5    Notwithstanding the requirement for deposit of recovered
 56  6 moneys under section 239B.14, recovered moneys generated
 56  7 through fraud and recoupment activities are appropriated to
 56  8 the department of human services to be used for additional
 56  9 fraud and recoupment activities performed by the department of
 56 10 human services or the department of inspections and appeals.
 56 11 The department of human services may use the recovered moneys
 56 12 appropriated to add not more than five full=time equivalent
 56 13 positions, in addition to those funded by annual
 56 14 appropriations.  The appropriation of the recovered moneys is
 56 15 subject to both of the following conditions:
 56 16    1.  The director of human services determines that the
 56 17 investment can reasonably be expected to increase recovery of
 56 18 assistance paid in error, due to fraudulent or nonfraudulent
 56 19 actions, in excess of the amount recovered in the previous
 56 20 fiscal year.
 56 21    2.  The amount expended for the additional fraud and
 56 22 recoupment activities shall not exceed the amount of the
 56 23 projected increase in assistance recovered.
 56 24    Sec. 58.  NEW SECTION.  218.6  TRANSFER OF APPROPRIATIONS
 56 25 MADE TO INSTITUTIONS.
 56 26    Notwithstanding section 8.39, subsection 1, without the
 56 27 prior written consent and approval of the governor and the
 56 28 director of the department of management, the director of
 56 29 human services may transfer funds between the appropriations
 56 30 made for the same type of institution, listed as follows:
 56 31    1.  The state resource centers.
 56 32    2.  The state mental health institutes.
 56 33    3.  The state juvenile institutions consisting of the state
 56 34 training school and the Iowa juvenile home.
 56 35    Sec. 59.  NEW SECTION.  222.92  NET GENERAL FUND
 57  1 APPROPRIATION == STATE RESOURCE CENTERS.
 57  2    1.  The department shall operate the state resource centers
 57  3 on the basis of net appropriations from the general fund of
 57  4 the state.  The appropriation amounts shall be the net amounts
 57  5 of state moneys projected to be needed for the state resource
 57  6 centers for the fiscal year of the appropriations.  The
 57  7 purpose of utilizing net appropriations is to encourage the
 57  8 state resource centers to operate with increased self=
 57  9 sufficiency, to improve quality and efficiency, and to support
 57 10 collaborative efforts between the state resource centers and
 57 11 counties and other providers of funding for the services
 57 12 available from the state resource centers.  The state resource
 57 13 centers shall not be operated under the net appropriations in
 57 14 a manner that results in a cost increase to the state or in
 57 15 cost shifting between the state, the medical assistance
 57 16 program, counties, or other sources of funding for the state
 57 17 resource centers.
 57 18    2.  The net appropriation made for a state resource center
 57 19 may be used throughout the fiscal year in the manner necessary
 57 20 for purposes of cash flow management, and for purposes of cash
 57 21 flow management, a state resource center may temporarily draw
 57 22 more than the amount appropriated, provided the amount
 57 23 appropriated is not exceeded at the close of the fiscal year.
 57 24    3.  Subject to the approval of the department, except for
 57 25 revenues segregated as provided in section 249A.11, revenues
 57 26 received that are attributed to a state resource center for a
 57 27 fiscal year shall be credited to the state resource center's
 57 28 account and shall be considered repayment receipts as defined
 57 29 in section 8.2, including but not limited to all of the
 57 30 following:
 57 31    a.  Moneys received by the state from billings to counties
 57 32 under section 222.73.
 57 33    b.  The federal share of medical assistance program revenue
 57 34 received under chapter 249A.
 57 35    c.  Federal Medicare program payments.
 58  1    d.  Moneys received from client financial participation.
 58  2    e.  Other revenues generated from current, new, or expanded
 58  3 services that the state resource center is authorized to
 58  4 provide.
 58  5    4.  For purposes of allocating moneys to the state resource
 58  6 centers from the salary adjustment fund created in section
 58  7 8.43, the state resource centers shall be considered to be
 58  8 funded entirely with state moneys.
 58  9    5.  Notwithstanding section 8.33, up to five hundred
 58 10 thousand dollars of a state resource center's revenue that
 58 11 remains unencumbered or unobligated at the close of the fiscal
 58 12 year shall not revert but shall remain available for
 58 13 expenditure for purposes of the state resource center until
 58 14 the close of the succeeding fiscal year.
 58 15    Sec. 60.  NEW SECTION.  226.9B  NET GENERAL FUND
 58 16 APPROPRIATION == PSYCHIATRIC MEDICAL INSTITUTION FOR CHILDREN.
 58 17    1.  The psychiatric medical institution for children beds
 58 18 operated by the state at the state mental health institute at
 58 19 Independence, as authorized in section 135H.6, shall operate
 58 20 on the basis of a net appropriation from the general fund of
 58 21 the state.  The allocation made by the department from the
 58 22 annual appropriation to the state mental health institute at
 58 23 Independence for the purposes of the beds shall be the net
 58 24 amount of state moneys projected to be needed for the beds for
 58 25 the fiscal year of the appropriation.
 58 26    2.  Revenues received that are attributed to the
 58 27 psychiatric medical institution for children beds during a
 58 28 fiscal year shall be credited to the mental health institute's
 58 29 account and shall be considered repayment receipts as defined
 58 30 in section 8.2, including but not limited to all of the
 58 31 following:
 58 32    a.  The federal share of medical assistance program revenue
 58 33 received under chapter 249A.
 58 34    b.  Moneys received through client financial participation.
 58 35    c.  Other revenues directly attributable to the psychiatric
 59  1 medical institution for children beds.
 59  2    Sec. 61.  NEW SECTION.  226.9C  NET GENERAL FUND
 59  3 APPROPRIATION == DUAL DIAGNOSIS PROGRAM.
 59  4    1.  The state mental health institute at Mount Pleasant
 59  5 shall operate the dual diagnosis mental health and substance
 59  6 abuse program on a net budgeting basis in which 50 percent of
 59  7 the actual per diem and ancillary services costs are
 59  8 chargeable to the patient's county of legal settlement or as a
 59  9 state case, as appropriate.  Subject to the approval of the
 59 10 department, revenues attributable to the dual diagnosis
 59 11 program for each fiscal year, shall be deposited in the mental
 59 12 health institute's account and are appropriated to the
 59 13 department for the dual diagnosis program, including but not
 59 14 limited to all of the following revenues:
 59 15    a.  Moneys received by the state from billings to counties
 59 16 under section 230.20.
 59 17    b.  Moneys received from billings to the Medicare program.
 59 18    c.  Moneys received from a managed care contractor
 59 19 providing services under contract with the department or any
 59 20 private third=party payor.
 59 21    d.  Moneys received through client participation.
 59 22    e.  Any other revenues directly attributable to the dual
 59 23 diagnosis program.
 59 24    2.  The following additional provisions are applicable in
 59 25 regard to the dual diagnosis program:
 59 26    a.  A county may split the charges between the county's
 59 27 mental health, mental retardation, and developmental
 59 28 disabilities services fund created pursuant to section
 59 29 331.424A and the county's budget for substance abuse
 59 30 expenditures.
 59 31    b.  If an individual is committed to the custody of the
 59 32 department of corrections at the time the individual is
 59 33 referred for dual diagnosis treatment, the department of
 59 34 corrections shall be charged for the costs of treatment.
 59 35    c.  Prior to an individual's admission for dual diagnosis
 60  1 treatment, the individual shall have been screened through a
 60  2 county's central point of coordination process implemented
 60  3 pursuant to section 331.440 to determine the appropriateness
 60  4 of the treatment.
 60  5    d.  A county shall not be chargeable for the costs of
 60  6 treatment for an individual enrolled in and authorized by or
 60  7 decertified by a managed behavioral care plan under the
 60  8 medical assistance program.
 60  9    e.  Notwithstanding section 8.33, state mental health
 60 10 institute revenues related to the dual diagnosis program that
 60 11 remain unencumbered or unobligated at the close of the fiscal
 60 12 year shall not revert but shall remain available up to the
 60 13 amount which would allow the state mental health institute to
 60 14 meet credit obligations owed to counties as a result of year=
 60 15 end per diem adjustments for the dual diagnosis program.
 60 16    Sec. 62.  Section 226.19, Code 2005, is amended to read as
 60 17 follows:
 60 18    226.19  DISCHARGE == CERTIFICATE.
 60 19    1.  All patients shall be discharged, by in accordance with
 60 20 the procedure prescribed in section 229.3 or section 229.16,
 60 21 whichever is applicable, immediately on regaining their the
 60 22 patient's good mental health.
 60 23    2.  If a patient's care is the financial responsibility of
 60 24 the state or a county, as part of the patient's discharge
 60 25 planning the state mental health institute shall provide
 60 26 assistance to the patient in obtaining eligibility for the
 60 27 federal state supplemental security income program.
 60 28    Sec. 63.  Section 229A.12, Code 2005, is amended to read as
 60 29 follows:
 60 30    229A.12  DIRECTOR OF HUMAN SERVICES == RESPONSIBILITY FOR
 60 31 COSTS == REIMBURSEMENT.
 60 32    The director of human services shall be responsible for all
 60 33 costs relating to the evaluation, treatment, and services
 60 34 provided to a person that are incurred after the person is
 60 35 committed to the director's custody after the court or jury
 61  1 determines that the respondent is a sexually violent predator
 61  2 and pursuant to commitment under any provision of this
 61  3 chapter.  If placement in a transitional release program or
 61  4 supervision is ordered, the director shall also be responsible
 61  5 for all costs related to the transitional release program or
 61  6 to the supervision and treatment of any person.  Reimbursement
 61  7 may be obtained by the director from the patient and any
 61  8 person legally liable or bound by contract for the support of
 61  9 the patient for the cost of confinement or of care and
 61 10 treatment provided.  Any benefit payments received by the
 61 11 person pursuant to the federal Social Security Act shall be
 61 12 used for the costs incurred.  As used in this section, "any
 61 13 person legally liable" does not include a political
 61 14 subdivision.
 61 15    Sec. 64.  NEW SECTION.  231.34  LIMITATION OF FUNDS USED
 61 16 FOR ADMINISTRATIVE PURPOSES.
 61 17    Of the state funds appropriated or allocated to the
 61 18 department for programs of the area agencies on aging, not
 61 19 more than seven and one=half percent of the total amount shall
 61 20 be used for area agencies on aging administrative purposes.
 61 21    Sec. 65.  NEW SECTION.  232.1A  FOSTER CARE PLACEMENT ==
 61 22 ANNUAL GOAL.
 61 23    The annual state goal for children placed in foster care
 61 24 that is funded under the federal Social Security Act, Title
 61 25 IV=E, is that not more than fifteen percent of the children
 61 26 will be in a foster care placement for a period of more than
 61 27 twenty=four months.
 61 28    Sec. 66.  Section 233A.1, Code 2005, is amended by adding
 61 29 the following new subsection:
 61 30    NEW SUBSECTION.  3.  The number of children present at any
 61 31 one time at the state training school at Eldora shall not
 61 32 exceed the population guidelines established under 1990 Iowa
 61 33 Acts, chapter 1239, section 21, as adjusted for subsequent
 61 34 changes in the capacity at the training school.
 61 35    Sec. 67.  Section 233B.1, Code 2005, is amended to read as
 62  1 follows:
 62  2    233B.1  DEFINITIONS == OBJECTS PURPOSE == POPULATION LIMIT.
 62  3    1.  For the purpose of this chapter, unless the context
 62  4 otherwise requires:
 62  5    1.  a.  "Administrator" or "director" means the director of
 62  6 the department of human services.
 62  7    2.  b.  "Home" means the Iowa juvenile home.
 62  8    3.  c.  "Superintendent" means the superintendent of the
 62  9 Iowa juvenile home.
 62 10    2.  The Iowa juvenile home shall be maintained for the
 62 11 purpose of providing care, custody and education of such the
 62 12 children as are committed to the home.  Such The children
 62 13 shall be wards of the state.  Their The children's education
 62 14 shall embrace instruction in the common school branches and in
 62 15 such other higher branches as may be practical and will enable
 62 16 the children to gain useful and self=sustaining employment.
 62 17 The administrator and the superintendent of the home shall
 62 18 assist all discharged children in securing suitable homes and
 62 19 proper employment.
 62 20    3.  The number of children present at any one time at the
 62 21 Iowa juvenile home shall not exceed the population guidelines
 62 22 established under 1990 Iowa Acts, chapter 1239, section 21, as
 62 23 adjusted for subsequent changes in the capacity at the home.
 62 24    Sec. 68.  Section 234.12A, subsection 1, unnumbered
 62 25 paragraph 1, Code 2005, is amended to read as follows:
 62 26    The department of human services may establish shall
 62 27 maintain an electronic benefits transfer program utilizing
 62 28 electronic funds transfer systems.  The program, if
 62 29 established, shall at a minimum provide for all of the
 62 30 following:
 62 31    Sec. 69.  Section 237A.28, Code 2005, is amended to read as
 62 32 follows:
 62 33    237A.28  CHILD CARE CREDIT FUND.
 62 34    A child care credit fund is created in the state treasury
 62 35 under the authority of the department of human services.  The
 63  1 moneys in the fund shall consist of moneys deposited pursuant
 63  2 to section 422.100 and shall be used for child care services
 63  3 as annually are appropriated by the general assembly to the
 63  4 department to be used for the state child care assistance
 63  5 program in accordance with section 237A.13.
 63  6    Sec. 70.  Section 239B.4, Code 2005, is amended by adding
 63  7 the following new subsections:
 63  8    NEW SUBSECTION.  3A.  The department shall continue to work
 63  9 with the department of workforce development and local
 63 10 community collaborative efforts to provide support services
 63 11 for participants.  The support services shall be directed to
 63 12 those participant families who would benefit from the support
 63 13 services and are likely to have success in achieving economic
 63 14 independence.
 63 15    NEW SUBSECTION.  3B.  The department shall continue to work
 63 16 with religious organizations and other charitable institutions
 63 17 to increase the availability of host homes, referred to as
 63 18 second chance homes, or other living arrangements under the
 63 19 federal Personal Responsibility and Work Opportunity
 63 20 Reconciliation Act of 1996, Pub. L. No. 104=193, } 103, and
 63 21 any successor legislation.  The purpose of the homes or
 63 22 arrangements is to provide a supportive and supervised living
 63 23 arrangement for minor parents receiving assistance who may
 63 24 receive assistance while living in an alternative setting
 63 25 other than with their parent or legal guardian.
 63 26    Sec. 71.  Section 239B.11, Code 2005, is amended to read as
 63 27 follows:
 63 28    239B.11  FAMILY INVESTMENT PROGRAM ACCOUNT == DIVERSION
 63 29 PROGRAM SUBACCOUNT == DIVERSION PROGRAM.
 63 30    1.  An account is established in the state treasury to be
 63 31 known as the family investment program account under control
 63 32 of the department to which shall be credited all funds
 63 33 appropriated by the state for the payment of assistance and
 63 34 JOBS program expenditures.  All other moneys received at any
 63 35 time for these purposes, including child support revenues,
 64  1 shall be deposited into the account as provided by law.  All
 64  2 assistance and JOBS program expenditures under this chapter
 64  3 shall be paid from the account.
 64  4    2.  a.  A diversion program subaccount is created within
 64  5 the family investment program account.  The subaccount may be
 64  6 used to provide incentives to divert applicants' participation
 64  7 in the family investment program if the applicants meet income
 64  8 eligibility requirements for assistance, including but not
 64  9 limited to providing a one=time cash payment to remedy an
 64 10 immediate need.  Incentives may be provided in the form of
 64 11 payment or services with a focus on helping applicants to
 64 12 obtain or retain employment.  The diversion program subaccount
 64 13 may also be used for payments to participants as necessary to
 64 14 cover the expenses of removing barriers to employment and to
 64 15 assist in stabilizing employment.  In addition, the diversion
 64 16 program subaccount may be used for funding of services and
 64 17 payments for persons whose family investment program
 64 18 eligibility has ended, in order to help the persons to
 64 19 stabilize or improve their employment status.
 64 20    b.  The diversion program shall be implemented statewide in
 64 21 a manner that preserves local flexibility in program design.
 64 22 The department shall assess and screen individuals who would
 64 23 most likely benefit from diversion program assistance.  The
 64 24 department may adopt additional eligibility criteria for the
 64 25 diversion program as necessary for compliance with federal law
 64 26 and for screening those families who would be most likely to
 64 27 become eligible for the family investment program if diversion
 64 28 program incentives would not be provided to the families.
 64 29    Sec. 72.  Section 249.3, subsection 4, paragraphs e and g,
 64 30 Code 2005, are amended to read as follows:
 64 31    e.  Receive full medical assistance benefits under chapter
 64 32 249A and are not required to meet a spend=down or pay a
 64 33 premium to be eligible for such benefits.
 64 34    g.  Have income exceeding of at least one hundred thirty=
 64 35 five twenty percent of the federal poverty level but not
 65  1 exceeding the medical assistance income limit for the
 65  2 eligibility group for the individual person's living
 65  3 arrangement.
 65  4    Sec. 73.  Section 249A.12, subsection 6, paragraph c, Code
 65  5 2005, is amended to read as follows:
 65  6    c.  The person's county of legal settlement shall pay for
 65  7 the nonfederal share of the cost of services provided under
 65  8 the waiver, and the state shall pay for the nonfederal share
 65  9 of such costs if the person does not have a county of legal
 65 10 settlement in this state or the legal settlement is unknown.
 65 11    Sec. 74.  Section 249A.12, subsection 6, Code 2005, is
 65 12 amended by adding the following new paragraph:
 65 13    NEW PARAGRAPH.  d.  The county of legal settlement shall
 65 14 pay for one hundred percent of the nonfederal share of the
 65 15 costs of care provided for adults which is reimbursed under a
 65 16 home and community=based services waiver that would otherwise
 65 17 be approved for provision in an intermediate care facility for
 65 18 persons with mental retardation provided under the medical
 65 19 assistance program.
 65 20    Sec. 75.  Section 249A.12, Code 2005, is amended by adding
 65 21 the following new subsection:
 65 22    NEW SUBSECTION.  7.  When paying the necessary and legal
 65 23 expenses of services for persons with mental retardation in an
 65 24 intermediate care facility for persons with mental
 65 25 retardation, the cost requirements of section 222.60 shall be
 65 26 considered fulfilled when payment is made in accordance with
 65 27 the medical assistance payment rates established by the
 65 28 department for intermediate care facilities for persons with
 65 29 mental retardation, and the state or a county of legal
 65 30 settlement shall not be obligated for any amount in excess of
 65 31 the rates.
 65 32    Sec. 76.  Section 249A.24, Code 2005, is amended by adding
 65 33 the following new subsection:
 65 34    NEW SUBSECTION.  3.  The commission shall submit an annual
 65 35 review, including facts and findings, of the drugs on the
 66  1 department's prior authorization list to the department and to
 66  2 the members of the general assembly's joint appropriations
 66  3 subcommittee on health and human services.
 66  4    Sec. 77.  Section 249A.26, Code 2005, is amended to read as
 66  5 follows:
 66  6    249A.26  STATE AND COUNTY PARTICIPATION IN FUNDING FOR
 66  7 SERVICES TO PERSONS WITH DISABILITIES == CASE MANAGEMENT.
 66  8    1.  The state shall pay for one hundred percent of the
 66  9 nonfederal share of the services paid for under any prepaid
 66 10 mental health services plan for medical assistance implemented
 66 11 by the department as authorized by law.
 66 12    2.  a.  The Except as provided for disallowed costs in
 66 13 section 269A.27, the county of legal settlement shall pay for
 66 14 fifty percent of the nonfederal share of the cost and the
 66 15 state shall have responsibility for the remaining fifty
 66 16 percent of the nonfederal share of the cost of case management
 66 17 provided to adults, day treatment, and partial hospitalization
 66 18 provided under the medical assistance program for persons with
 66 19 mental retardation, a developmental disability, or chronic
 66 20 mental illness.  For purposes of this section, persons with
 66 21 mental disorders resulting from Alzheimer's disease or
 66 22 substance abuse shall not be considered chronically mentally
 66 23 ill.  To the maximum extent allowed under federal law and
 66 24 regulations, the department shall consult with and inform a
 66 25 county of legal settlement's central point of coordination
 66 26 process, as defined in section 331.440, regarding the
 66 27 necessity for and the provision of any service for which the
 66 28 county is required to provide reimbursement under this
 66 29 subsection.
 66 30    b.  The state shall pay for one hundred percent of the
 66 31 nonfederal share of the costs of case management provided for
 66 32 adults, day treatment, partial hospitalization, and the home
 66 33 and community=based services waiver services for persons who
 66 34 do not have legal settlement in this state or the legal
 66 35 settlement is unknown.
 67  1    c.  The case management services specified in this
 67  2 subsection shall be paid for by a county only if the services
 67  3 are provided outside of a managed care contract.
 67  4    3.  To the maximum extent allowed under federal law and
 67  5 regulations, a person with mental illness or mental
 67  6 retardation shall not be eligible for any service which is
 67  7 funded in whole or in part by a county share of the nonfederal
 67  8 portion of medical assistance funds unless the person is
 67  9 referred through the central point of coordination process, as
 67 10 defined in section 331.440.  However, to the extent federal
 67 11 law allows referral of a medical assistance recipient to a
 67 12 service without approval of the central point of coordination
 67 13 process, the county of legal settlement shall be billed for
 67 14 the nonfederal share of costs for any adult person for whom
 67 15 the county would otherwise be responsible.
 67 16    4.  The county of legal settlement shall pay for one
 67 17 hundred percent of the nonfederal share of the cost of
 67 18 services provided to persons with chronic mental illness
 67 19 implemented under the adult rehabilitation option of the state
 67 20 medical assistance plan.  The state shall pay for one hundred
 67 21 percent of the nonfederal share of the cost of such services
 67 22 provided to such persons without a county of who do not have
 67 23 legal settlement in this state or the legal settlement is
 67 24 unknown.
 67 25    5.  The state shall pay for the entire nonfederal share of
 67 26 the costs for case management services provided to persons
 67 27 seventeen years of age or younger who are served in a home and
 67 28 community=based services waiver program under the medical
 67 29 assistance program for persons with mental retardation.
 67 30    6.  Funding under the medical assistance program shall be
 67 31 provided for case management services for eligible persons
 67 32 seventeen years of age or younger residing in counties with
 67 33 child welfare decategorization projects implemented in
 67 34 accordance with section 232.188, provided these projects have
 67 35 included these persons in the service plan and the
 68  1 decategorization project county is willing to provide the
 68  2 nonfederal share of the costs.
 68  3    7.  Unless a county has paid or is paying for the
 68  4 nonfederal share of the costs of a person's home and
 68  5 community=based waiver services or placement in an
 68  6 intermediate care facility for persons with mental retardation
 68  7 under the county's mental health, mental retardation, and
 68  8 developmental disabilities services fund, or unless a county
 68  9 of legal settlement would become liable for the costs of
 68 10 services for a person at the level of care provided in an
 68 11 intermediate care facility for persons with mental retardation
 68 12 due to the person reaching the age of majority, the state
 68 13 shall pay for the nonfederal share of the costs of an eligible
 68 14 person's services under the home and community=based services
 68 15 waiver for persons with brain injury.
 68 16    5.  8.  If a dispute arises between different counties or
 68 17 between the department and a county as to the legal settlement
 68 18 of a person who receives medical assistance for which the
 68 19 nonfederal share is payable in whole or in part by a county of
 68 20 legal settlement, and cannot be resolved by the parties, the
 68 21 dispute shall be resolved as provided in section 225C.8.
 68 22    9.  Notwithstanding section 8.39, the department may
 68 23 transfer funds appropriated for the medical assistance program
 68 24 to a separate account established in the department's case
 68 25 management unit in an amount necessary to pay for expenditures
 68 26 required to provide case management for mental health, mental
 68 27 retardation, and developmental disabilities services under the
 68 28 medical assistance program which are jointly funded by the
 68 29 state and county, pending final settlement of the
 68 30 expenditures.  Funds received by the case management unit in
 68 31 settlement of the expenditures shall be used to replace the
 68 32 transferred funds and are available for the purposes for which
 68 33 the funds were originally appropriated.
 68 34    Sec. 78.  Section 249A.26A, Code 2005, is amended to read
 68 35 as follows:
 69  1    249A.26A  STATE AND COUNTY PARTICIPATION IN FUNDING FOR
 69  2 REHABILITATION SERVICES FOR PERSONS WITH CHRONIC MENTAL
 69  3 ILLNESS.
 69  4    The county of legal settlement shall pay for the nonfederal
 69  5 share of the cost of rehabilitation services provided under
 69  6 the medical assistance program for persons with chronic mental
 69  7 illness, except that the state shall pay for the nonfederal
 69  8 share of such costs if the person does not have a county of
 69  9 legal settlement in this state or the legal settlement is
 69 10 unknown.
 69 11    Sec. 79.  NEW SECTION.  249A.32A  HOME AND COMMUNITY=BASED
 69 12 SERVICES WAIVERS == LIMITATIONS.
 69 13    In administering a home and community=based services
 69 14 waiver, the total number of openings at any one time shall be
 69 15 limited to the number approved for the waiver by the secretary
 69 16 of the United States department of health and human services.
 69 17 The openings shall be available on a first=come, first=served
 69 18 basis.
 69 19    Sec. 80.  NEW SECTION.  249A.32B  EARLY AND PERIODIC
 69 20 SCREENING, DIAGNOSIS, AND TREATMENT FUNDING.
 69 21    The department of human services, in consultation with the
 69 22 Iowa department of public health and the department of
 69 23 education, shall continue the program to utilize the early and
 69 24 periodic screening, diagnosis, and treatment program funding
 69 25 under the medical assistance program, to the extent possible,
 69 26 to implement the screening component of the early and periodic
 69 27 screening, diagnosis, and treatment program through the
 69 28 schools.  The department may enter into contracts to utilize
 69 29 maternal and child health centers, the public health nursing
 69 30 program, or school nurses in implementing this section.
 69 31    Sec. 81.  Section 252B.4, subsection 3, Code 2005, is
 69 32 amended to read as follows:
 69 33    3.  Fees collected pursuant to this section shall be
 69 34 retained by the department for use by considered repayment
 69 35 receipts, as defined in section 8.2, and shall be used for the
 70  1 purposes of the unit.  The director or a designee shall keep
 70  2 an accurate record of funds so retained the fees collected and
 70  3 expended.
 70  4    Sec. 82.  Section 252B.23, subsection 11, Code 2005, is
 70  5 amended to read as follows:
 70  6    11.  All surcharge payments shall be received and disbursed
 70  7 by the collection services center.  The surcharge payments
 70  8 received by the collection services center shall be considered
 70  9 repayment receipts as defined in section 8.2 and shall be used
 70 10 to pay the costs of any contracts with a collection entity.
 70 11    Sec. 83.  NEW SECTION.  252B.25  USE OF FUNDING FOR
 70 12 ADDITIONAL POSITIONS.
 70 13    1.  The director, within the limitations of the amount
 70 14 appropriated for the limit, or moneys transferred for this
 70 15 purpose from the family investment program account created in
 70 16 section 239B.11, may establish new positions and add employees
 70 17 to the unit if the director determines that both the current
 70 18 and additional employees together can reasonably be expected
 70 19 to maintain or increase net state revenue at or beyond the
 70 20 budgeted level for the fiscal year.
 70 21    2.  a.  The director may establish new positions and add
 70 22 state employees to the unit or contract for delivery of
 70 23 services if the director determines the employees are
 70 24 necessary to replace county=funded positions eliminated due to
 70 25 termination, reduction, or nonrenewal of a chapter 28E
 70 26 contract.  However, the director must also determine that the
 70 27 resulting increase in the state share of child support
 70 28 recovery incentives exceeds the cost of the positions or
 70 29 contract, the positions or contract are necessary to ensure
 70 30 continued federal funding of the unit, or the new positions or
 70 31 contract can reasonably be expected to recover at least twice
 70 32 the amount of money necessary to pay the salaries and support
 70 33 for the new positions or the contract will generate at least
 70 34 two hundred percent of the cost of the contract.
 70 35    b.  Employees in full=time positions that transition from
 71  1 county government to state government employment under this
 71  2 subsection are exempt from testing, selection, and appointment
 71  3 provisions of chapter 19A and from the provisions of
 71  4 collective bargaining agreements relating to the filling of
 71  5 vacant positions.
 71  6    Sec. 84.  Section 505.25, Code 2005, is amended to read as
 71  7 follows:
 71  8    505.25  INFORMATION PROVIDED TO MEDICAL ASSISTANCE PROGRAM
 71  9 AND HAWK=I PROGRAMS.
 71 10    A carrier, as defined in section 514C.13, shall enter into
 71 11 a health insurance data match program with the department of
 71 12 human services for the sole purpose of comparing the names of
 71 13 the carrier's insureds with the names of recipients of the
 71 14 medical assistance program under chapter 249A or enrollees of
 71 15 the hawk=i program under chapter 514I.
 71 16    Sec. 85.  Section 514I.11, subsection 2, Code 2005, is
 71 17 amended to read as follows:
 71 18    2.  The trust fund shall be separate from the general fund
 71 19 of the state and shall not be considered part of the general
 71 20 fund of the state.  The moneys in the trust fund are not
 71 21 subject to section 8.33 and shall not be transferred, used,
 71 22 obligated, appropriated, or otherwise encumbered, except to
 71 23 provide for the purposes of this chapter and except as
 71 24 provided in subsection 4.  Notwithstanding section 12C.7,
 71 25 subsection 2, interest or earnings on moneys deposited in the
 71 26 trust fund shall be credited to the trust fund.
 71 27    Sec. 86.  Section 514I.11, Code 2005, is amended by adding
 71 28 the following new subsections:
 71 29    NEW SUBSECTION.  3.  Moneys in the fund are appropriated to
 71 30 the department and shall be used to offset any program costs.
 71 31    NEW SUBSECTION.  4.  The department may transfer moneys
 71 32 appropriated from the fund to be used for the purpose of
 71 33 expanding health care coverage to children under the medical
 71 34 assistance program.
 71 35    NEW SUBSECTION.  5.  The department shall provide periodic
 72  1 updates to the general assembly regarding expenditures from
 72  2 the fund.
 72  3    Sec. 87.  Section 600.17, Code 2005, is amended by adding
 72  4 the following new subsection:
 72  5    NEW SUBSECTION.  3.  The department of human services shall
 72  6 make adoption presubsidy and adoption subsidy payments to
 72  7 adoptive parents at the beginning of the month for the current
 72  8 month.
 72  9    Sec. 88.  EFFECTIVE DATE.  The amendment in this Act to
 72 10 section 144A.13A, being deemed of immediate importance, takes
 72 11 effect upon enactment.
 72 12                           EXPLANATION
 72 13    This bill relates to and makes appropriations for health
 72 14 and human services for fiscal year 2005=2006 to the state
 72 15 commission of veterans affairs, the Iowa veterans home, the
 72 16 department of elder affairs, the Iowa department of public
 72 17 health, and the department of human services.
 72 18    ELDER AFFAIRS, PUBLIC HEALTH, VETERANS AFFAIRS, AND HUMAN
 72 19 SERVICES.  This division appropriates funding from the general
 72 20 fund of the state for the department of elder affairs.
 72 21    The division appropriates funding from the general fund of
 72 22 the state to the Iowa department of public health.
 72 23    The division appropriates funds from the gambling treatment
 72 24 fund in lieu of the standing appropriation in Code section
 72 25 135.150 for addictive disorders and provides for use of the
 72 26 funds remaining in the fund.
 72 27    The division appropriates funding from the general fund of
 72 28 the state to the commission of veterans affairs.
 72 29    The division appropriates funding from the general fund of
 72 30 the state and the federal temporary assistance for needy
 72 31 families block grant to the department of human services.
 72 32    Provisions in division I related to issuance of funding
 72 33 plans by representatives of the department of human services
 72 34 and the judicial branch and for carryforward of funding
 72 35 allocated for FY 2004=2005 for purposes of electronic benefit
 73  1 transfer activities and for field operations take effect upon
 73  2 enactment.
 73  3    SENIOR AND HOSPITAL TRUST FUNDS.  This division makes
 73  4 appropriations for the 2005=2006 fiscal year from the senior
 73  5 living trust fund to the department of elder affairs, the
 73  6 department of human services, the department of inspections
 73  7 and appeals, and the Iowa finance authority.
 73  8    The division makes an appropriation from the hospital trust
 73  9 fund to the department of human services to supplement the
 73 10 medical assistance appropriation.
 73 11    The division provides for nonreversion of assisted living
 73 12 conversion grant funding that remains unexpended at the close
 73 13 of FY 2004=2005 or FY 2005=2006.  This section takes effect
 73 14 upon enactment.
 73 15    MENTAL HEALTH, MENTAL RETARDATION, DEVELOPMENTAL
 73 16 DISABILITIES, AND BRAIN INJURY SERVICES.  This division
 73 17 relates to mental health, mental retardation and other
 73 18 developmental disabilities, and brain injury (MH/MR/DD/BI)
 73 19 services funding.
 73 20    The division provides for distribution of the services
 73 21 funding previously appropriated for FY 2005=2006 and shifts an
 73 22 allocation made from that funding to the risk pool fund to
 73 23 instead be used for the Medicaid program.
 73 24    CODE CHANGES == This division makes Code changes involving
 73 25 older Iowans, health, human services, and veterans programs.
 73 26    Code section 28.9, creating the Iowa empowerment fund, is
 73 27 amended to provide for distribution to community empowerment
 73 28 areas of moneys credited to the early childhood programs grant
 73 29 account by the department of human services.
 73 30    New Code section 35D.18 provides for operation of the Iowa
 73 31 veterans home through the use of a net appropriation from the
 73 32 general fund of the state.
 73 33    Code section 84A.26, relating to employment and training
 73 34 programs operated by the department of workforce development,
 73 35 is amended to require the department of workforce development
 74  1 to consult with the department of human services in developing
 74  2 and implementing departmental recruitment and training
 74  3 practices that address the needs of former and current family
 74  4 investment program participants.
 74  5    New Code section 135.39C requires the Iowa department of
 74  6 public health to implement elderly wellness services in a
 74  7 manner that makes the department the payor of last resort.
 74  8    Code section 136C.10, relating to fees collected by the
 74  9 Iowa department of public health from regulation of radiation
 74 10 machines and radioactive materials, is amended.  The bill
 74 11 authorizes the department to retain the fees collected for
 74 12 licensing, registration, authorization, accreditation, and
 74 13 inspection of radiation machines used for mammographically
 74 14 guided breast biopsy, screening, and diagnostic mammography to
 74 15 support the department's regulation of radiation machines and
 74 16 radioactive materials.
 74 17    Code section 144.13A, providing for appropriation of a
 74 18 portion of certificate of birth fees for child abuse
 74 19 prevention and the center for congenital and inherited
 74 20 disorders central registry, is amended to provide that the
 74 21 appropriation does not revert at the close of the fiscal year.
 74 22 This section takes effect upon enactment.
 74 23    New Code section 144.46A establishes the vital records
 74 24 modernization project as a permanent project of the Iowa
 74 25 department of public health.  The project allows the
 74 26 department to increase fees for vital records services and
 74 27 appropriates the fee increase proceeds for use in modernizing
 74 28 the technology used for vital records.  The project was
 74 29 originally authorized in 1993 and has been annually
 74 30 reauthorized in appropriations legislation.
 74 31    New Code section 147.28A directs the Iowa department of
 74 32 public health to utilize scope of practice review committees
 74 33 to evaluate and make recommendations concerning health
 74 34 professional licensing requests, scope of practice requests,
 74 35 and unresolved disputes between health professionals
 75  1 concerning rulemaking authority.  The department is authorized
 75  2 to retain a portion of licensing fees for the costs of scope
 75  3 of practice review committees.
 75  4    Code section 147.82, relating to examination, licensing,
 75  5 and other fees for regulation of health professions, requires
 75  6 the fees to be credited to the general fund of the state.
 75  7 Current law in Code section 12.10 allows departments to retain
 75  8 up to 10 percent of such fees.  The bill allows the Iowa
 75  9 department of public health to retain more than the 10 percent
 75 10 amount for certain purposes.  The purposes include expenses
 75 11 associated with a scope of practice review committee or
 75 12 unanticipated litigation; a specified amount for lease and
 75 13 maintenance expenses for the boards of dental examiners,
 75 14 pharmacy examiners, medical examiners, and nursing; a
 75 15 specified amount for processing medical license requests and
 75 16 consideration of malpractice cases by the board of medical
 75 17 examiners; a specified amount for the board of dental
 75 18 examiners regulation of dental assistants; a specified amount
 75 19 for program services and investigations by the board of
 75 20 nursing; and a specified amount for the duties of the board of
 75 21 pharmacy examiners.
 75 22    Code section 217.13, relating to the requirement for the
 75 23 department of human services to implement volunteer programs,
 75 24 is amended to provide that volunteers can be used for any
 75 25 functions that complement and supplement the department's work
 75 26 with clients.
 75 27    New Code section 217.35 makes a contingent appropriation to
 75 28 the department of human services of recovered moneys generated
 75 29 through fraud and recoupment activities to be used for
 75 30 additional recovery activities of the departments of human
 75 31 services and inspections and appeals.  The director of human
 75 32 services must make a determination that there will be an
 75 33 increase in recoveries exceeding the amount recovered in the
 75 34 previous fiscal year and the amount expended for additional
 75 35 fraud and recoupment activities cannot exceed the additional
 76  1 amount recovered.  If the appropriation is utilized, a
 76  2 requirement in Code section 239B.14 for deposit of recovered
 76  3 family investment program moneys in that program's account is
 76  4 superseded.
 76  5    New Code section 218.6 authorizes the department of human
 76  6 services to transfer between the institutional appropriations
 76  7 made for the same type of institution without the prior
 76  8 approval of the governor and the department of management.
 76  9    New Code sections 222.92, 226.9B, and 226.9C provide for
 76 10 operation of the state resource centers, a psychiatric medical
 76 11 institution for children located at the state mental health
 76 12 institute at Independence, and a dual diagnosis mental health
 76 13 and substance abuse treatment program located at the state
 76 14 mental health institute at Mount Pleasant through the use of a
 76 15 net appropriation from the general fund of the state.
 76 16    Code section 226.19, relating to discharge of patients from
 76 17 a state mental health institute, is amended to require the
 76 18 discharge planning for a patient whose care is paid for by the
 76 19 state or a county to include assistance to the patient in
 76 20 obtaining eligibility for the federal supplemental security
 76 21 income program.
 76 22    Code section 229A.12, relating to the responsibility of the
 76 23 director of human services for the costs incurred on behalf of
 76 24 a person committed to the unit for sexually violent predators,
 76 25 is amended to provide that benefits received by the person
 76 26 under the federal Social Security Act shall be applied against
 76 27 the costs.
 76 28    New Code section 231.34 limits the percentage amount of the
 76 29 moneys allocated to the area agencies on aging that may be
 76 30 used for administrative purposes.
 76 31    New Code section 232.1A provides that the annual goal for
 76 32 the percentage of children placed in foster care for more than
 76 33 24 months is 15 percent or less.
 76 34    The bill amends Code sections 233A.1 and 233B.1 to provide
 76 35 that the number of children present at any one time at the
 77  1 state training school at Eldora or the Iowa juvenile home
 77  2 cannot exceed the populations guidelines established pursuant
 77  3 to a 1990 enactment, as adjusted for subsequent changes in
 77  4 capacity.
 77  5    Code section 234.12A, relating to the elections benefits
 77  6 transfer program administered by the department of human
 77  7 services, is amended.  The bill requires the department to
 77  8 maintain the program.  Under current law, operation of the
 77  9 program is authorized but not mandated.
 77 10    Code section 237A.28, establishing the child care credit
 77 11 fund, is amended to make a standing appropriation of the
 77 12 proceeds in the fund to the department for the state child
 77 13 care assistance program for low=income families.
 77 14    Code section 239B.4, relating to the duties of the
 77 15 department of human services involving the family investment
 77 16 program (FIP), is amended to require the department to work
 77 17 with the department of workforce development and local
 77 18 collaborative efforts in providing support services to FIP
 77 19 participants.  In addition, the department of human services
 77 20 is required to increase the availability of host homes to
 77 21 provide a supportive living arrangement for minor parents
 77 22 participating in FIP.
 77 23    Code section 239B.11 provisions relating to the diversion
 77 24 subaccount of the family investment program account are
 77 25 amended to provide additional purposes for which the funding
 77 26 may be used and to require the program to be operated
 77 27 statewide while allowing for local flexibility.
 77 28    Code section 249.3, relating to persons who may be eligible
 77 29 for the state supplementary assistance program at the option
 77 30 of the department of human services, is amended to decrease
 77 31 the upper income eligibility limitation and to change the
 77 32 requirement relative to receiving benefits under the Medicaid
 77 33 program.
 77 34    Code sections 249A.12, 249A.26, and 249A.26A are amended to
 77 35 address state and county participation in funding for persons
 78  1 with mental retardation and disabilities, including case
 78  2 management services.
 78  3    Code section 249A.24, relating to the Medicaid program drug
 78  4 utilization review commission, is amended to require the
 78  5 commission to submit an annual review of the drugs on the
 78  6 department of human services' prescription drug prior
 78  7 authorization list.
 78  8    New Code section 249A.32A establishes various procedural
 78  9 and funding requirements for home and community=based services
 78 10 waivers implemented under the Medicaid program.
 78 11    New Code section 249A.32B requires the department of human
 78 12 services to continue the early and periodic screening,
 78 13 diagnosis, and treatment services program under the medical
 78 14 assistance program and to involve other departments.
 78 15    Code section 252B.4 is amended to authorize the department
 78 16 of human services to retain and expend the fees collected for
 78 17 providing child support collection services.
 78 18    Code section 252B.23 authorizes the department to retain
 78 19 and expend child support collection surcharges for the costs
 78 20 of contracts with a collection entity.
 78 21    New Code section 252B.25 authorizes the department of human
 78 22 services to add new positions to the child support recovery
 78 23 unit if the new positions along with the current positions can
 78 24 reasonably be expected to maintain or increase net state
 78 25 revenue beyond the level budgeted for the fiscal year.  In
 78 26 addition, the department is authorized to add state employees
 78 27 to the child support recovery unit or contract for services if
 78 28 necessary to replace county=funded positions eliminated due to
 78 29 a termination, reduction, or nonrenewal of a chapter 28E
 78 30 contract.
 78 31    Code section 505.25, requiring health insurance carriers to
 78 32 enter into a data match program with the department of human
 78 33 services to compare the names of the carrier's insureds with
 78 34 recipients of the Medicaid program, is amended to also compare
 78 35 the names with enrollees of the hawk=i program.
 79  1    Code section 514I.11 is amended to appropriate moneys in
 79  2 the hawk=i trust fund to the department of human services and
 79  3 to allow for transfer of the moneys in the trust fund to
 79  4 expand health care coverage to children under the medical
 79  5 assistance program.
 79  6    Code section 600.17 is amended to require the department of
 79  7 human services to make subsidized adoption payments at the
 79  8 beginning of the month.
 79  9 LSB 1089HA 81
 79 10 pf:jp/cf/24