House
Study
Bill
736
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
APPROPRIATIONS
BILL
BY
JOINT
APPROPRIATIONS
SUBCOMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES)
A
BILL
FOR
An
Act
relating
to
and
making
appropriations
for
health
and
1
human
services
and
including
other
related
provisions
and
2
appropriations,
and
providing
effective,
retroactive,
and
3
applicability
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
DEPARTMENT
ON
AGING
2
Section
1.
DEPARTMENT
ON
AGING.
There
is
appropriated
from
3
the
general
fund
of
the
state
to
the
department
on
aging
for
4
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
5
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
6
to
be
used
for
the
purposes
designated:
7
For
aging
programs
for
the
department
on
aging
and
area
8
agencies
on
aging
to
provide
citizens
of
Iowa
who
are
60
years
9
of
age
and
older
with
case
management
for
the
frail
elderly,
10
resident
advocate
committee
coordination,
employment,
and
other
11
services
which
may
include
but
are
not
limited
to
adult
day
12
services,
respite
care,
chore
services,
telephone
reassurance,
13
information
and
assistance,
and
home
repair
services,
and
14
for
the
construction
of
entrance
ramps
which
make
residences
15
accessible
to
the
physically
handicapped,
and
for
salaries,
16
support,
administration,
maintenance,
and
miscellaneous
17
purposes,
and
for
not
more
than
the
following
full-time
18
equivalent
positions:
19
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$
4,662,988
20
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FTEs
38.5
21
1.
Funds
appropriated
in
this
section
may
be
used
to
22
supplement
federal
funds
under
federal
regulations.
To
23
receive
funds
appropriated
in
this
section,
a
local
area
24
agency
on
aging
shall
match
the
funds
with
moneys
from
other
25
sources
according
to
rules
adopted
by
the
department.
Funds
26
appropriated
in
this
section
may
be
used
for
elderly
services
27
not
specifically
enumerated
in
this
section
only
if
approved
28
by
an
area
agency
on
aging
for
provision
of
the
service
within
29
the
area.
30
2.
a.
Of
the
funds
appropriated
in
this
section,
$1,246,514
31
shall
be
transferred
to
the
department
of
human
services
in
32
equal
amounts
on
a
quarterly
basis
for
reimbursement
of
case
33
management
services
provided
under
the
medical
assistance
34
elderly
waiver.
The
department
of
human
services
shall
adopt
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rules
for
case
management
services
provided
under
the
medical
1
assistance
elderly
waiver
in
consultation
with
the
department
2
on
aging.
3
b.
The
department
of
human
services
shall
review
4
projections
for
state
funding
expenditures
for
reimbursement
5
of
case
management
services
under
the
medical
assistance
6
elderly
waiver
on
a
quarterly
basis
and
shall
determine
if
an
7
adjustment
to
the
medical
assistance
reimbursement
rates
are
8
necessary
to
provide
reimbursement
within
the
state
funding
9
amounts
budgeted
under
the
appropriations
made
for
the
fiscal
10
year
for
the
medical
assistance
program.
Any
temporary
11
enhanced
federal
financial
participation
that
may
become
12
available
for
the
medical
assistance
program
during
the
fiscal
13
year
shall
not
be
used
in
projecting
the
medical
assistance
14
elderly
waiver
case
management
budget.
The
department
of
human
15
services
shall
revise
such
reimbursement
rates
as
necessary
to
16
maintain
expenditures
for
medical
assistance
elderly
waiver
17
case
management
services
within
the
state
funding
amounts
18
budgeted
under
the
appropriations
made
for
the
fiscal
year
for
19
the
medical
assistance
program.
20
3.
Of
the
funds
appropriated
in
this
section,
$129,961
shall
21
be
transferred
to
the
department
of
economic
development
for
22
the
Iowa
commission
on
volunteer
services
to
be
used
for
the
23
retired
and
senior
volunteer
program.
24
DIVISION
II
25
DEPARTMENT
OF
PUBLIC
HEALTH
26
Sec.
2.
DEPARTMENT
OF
PUBLIC
HEALTH.
The
allocations
27
made
in
this
section
may
include
amounts
carried
forward
from
28
appropriations
and
allocations
made
for
the
same
purposes
in
29
the
previous
fiscal
year.
There
is
appropriated
from
the
30
general
fund
of
the
state
to
the
department
of
public
health
31
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
32
30,
2011,
the
following
amounts,
or
so
much
thereof
as
is
33
necessary,
to
be
used
for
the
purposes
designated:
34
1.
ADDICTIVE
DISORDERS
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For
reducing
the
prevalence
of
use
of
tobacco,
alcohol,
and
1
other
drugs,
and
treating
individuals
affected
by
addictive
2
behaviors,
including
gambling,
and
for
not
more
than
the
3
following
full-time
equivalent
positions:
4
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.
$
28,974,840
5
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.
FTEs
17.50
6
a.
Of
the
funds
appropriated
in
this
subsection,
$7,595,782
7
shall
be
used
for
the
tobacco
use
prevention
and
control
8
initiative,
including
efforts
at
the
state
and
local
levels,
as
9
provided
in
chapter
142A.
10
(1)
The
director
of
public
health
shall
dedicate
sufficient
11
resources
to
promote
and
ensure
retailer
compliance
with
12
tobacco
laws
and
ordinances
relating
to
persons
under
18
13
years
of
age,
and
shall
prioritize
the
state’s
compliance
in
14
the
allocation
of
available
funds
to
comply
with
42
U.S.C.
15
§
300x-26
and
section
453A.2.
16
(2)
Of
the
full-time
equivalent
positions
authorized
in
17
this
subsection,
2.00
full-time
equivalent
positions
shall
18
be
utilized
to
provide
for
enforcement
of
tobacco
laws,
19
regulations,
and
ordinances
under
a
chapter
28D
agreement
20
entered
into
between
the
Iowa
department
of
public
health
and
21
the
alcoholic
beverages
division
of
the
department
of
commerce.
22
(3)
Of
the
funds
allocated
in
this
lettered
paragraph,
23
$1,796,508
shall
be
used
for
youth
programs
designed
to
24
achieve
the
goals
of
the
initiative,
that
are
directed
by
youth
25
participants
for
youth
pursuant
to
section
142A.9.
26
b.
Of
the
funds
appropriated
in
this
subsection,
27
$17,677,258
shall
be
used
for
substance
abuse
treatment
and
28
prevention.
29
(1)
Of
the
funds
allocated
in
this
lettered
paragraph,
30
$943,813
shall
be
used
for
the
public
purpose
of
a
grant
31
program
to
provide
substance
abuse
prevention
programming
for
32
children.
33
(a)
Of
the
funds
allocated
in
this
subparagraph,
$449,445
34
shall
be
utilized
for
the
public
purpose
of
providing
grant
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funding
for
organizations
that
provide
programming
for
children
1
by
utilizing
mentors.
Programs
approved
for
such
grants
2
shall
be
certified
or
will
be
certified
within
six
months
of
3
receiving
the
grant
award
by
the
Iowa
commission
on
volunteer
4
services
as
utilizing
the
standards
for
effective
practice
for
5
mentoring
programs.
6
(b)
Of
the
funds
allocated
in
this
subparagraph,
$449,445
7
shall
be
utilized
for
the
public
purpose
of
providing
grant
8
funding
for
organizations
that
provide
programming
that
9
includes
youth
development
and
leadership.
The
programs
shall
10
also
be
recognized
as
being
programs
that
are
scientifically
11
based
with
evidence
of
their
effectiveness
in
reducing
12
substance
abuse
in
children.
13
(c)
The
Iowa
department
of
public
health
shall
utilize
a
14
request
for
proposals
process
to
implement
the
grant
program.
15
(d)
All
grant
recipients
shall
participate
in
a
program
16
evaluation
as
a
requirement
for
receiving
grant
funds.
17
(e)
Of
the
funds
allocated
for
the
grant
program,
$44,923
18
shall
be
used
to
administer
substance
abuse
prevention
grants
19
and
for
program
evaluations.
20
(2)
It
is
the
intent
of
the
general
assembly
that
from
the
21
moneys
allocated
in
this
lettered
paragraph
persons
with
a
dual
22
diagnosis
of
substance
abuse
and
gambling
addictions
shall
be
23
given
priority
in
treatment
services.
24
c.
Of
the
funds
appropriated
in
this
subsection,
$300,320
25
shall
be
used
for
culturally
competent
substance
abuse
26
treatment
pilot
projects.
27
(1)
The
department
shall
utilize
the
amount
allocated
28
in
this
lettered
paragraph
for
at
least
three
pilot
projects
29
to
provide
culturally
competent
substance
abuse
treatment
in
30
various
areas
of
the
state.
Each
pilot
project
shall
target
31
a
particular
ethnic
minority
population.
The
populations
32
targeted
shall
include
but
are
not
limited
to
African-American,
33
Asian,
and
Latino.
34
(2)
The
pilot
project
requirements
shall
provide
for
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documentation
or
other
means
to
ensure
access
to
the
cultural
1
competence
approach
used
by
a
pilot
project
so
that
such
2
approach
can
be
replicated
and
improved
upon
in
successor
3
programs.
4
d.
The
amount
of
the
appropriation
made
in
this
subsection
5
reflects
savings
to
be
realized
by
the
department
as
a
result
6
of
merging
the
bureau
of
substance
abuse
prevention
and
7
treatment
and
the
division
of
tobacco
use
prevention
and
8
control.
The
department
shall
complete
the
merger
during
the
9
fiscal
year
beginning
July
1,
2010.
10
e.
(1)
Of
the
funds
appropriated
in
this
subsection,
11
$3,716,530
shall
be
used
for
funding
of
gambling
treatment,
12
including
administrative
costs
and
to
provide
programs
13
which
may
include
but
are
not
limited
to
outpatient
and
14
follow-up
treatment
for
persons
affected
by
problem
gambling,
15
rehabilitation
and
residential
treatment
programs,
information
16
and
referral
services,
education
and
preventive
services,
and
17
financial
management
services.
Of
the
amount
allocated
in
18
this
lettered
paragraph,
up
to
$100,000
may
be
used
for
the
19
licensing
of
gambling
treatment
programs
as
provided
in
section
20
135.150.
21
(2)
(a)
Notwithstanding
any
provision
to
the
contrary,
22
to
standardize
the
availability,
delivery,
cost
of
23
delivery,
and
accountability
of
gambling
and
substance
abuse
24
treatment
services
statewide,
the
department
shall
continue
25
implementation
of
a
process
to
create
a
system
for
delivery
26
of
the
treatment
services
in
accordance
with
the
requirements
27
specified
in
2008
Iowa
Acts,
chapter
1187,
section
3,
28
subsection
4.
To
ensure
the
system
provides
a
continuum
of
29
treatment
services
that
best
meets
the
needs
of
Iowans,
the
30
gambling
and
substance
abuse
treatment
services
in
an
area
may
31
be
provided
either
by
a
single
agency
or
by
separate
agencies
32
submitting
a
joint
proposal.
33
(b)
From
the
amounts
designated
for
gambling
and
substance
34
abuse
treatment,
the
department
may
use
up
to
$100,000
for
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administrative
costs
to
continue
developing
and
implementing
1
the
process
in
accordance
with
subparagraph
division
(a).
2
(3)
The
requirement
of
section
123.53,
subsection
3,
is
3
met
by
the
appropriations
and
allocations
made
in
this
Act
for
4
purposes
of
substance
abuse
treatment
and
addictive
disorders
5
for
the
fiscal
year
beginning
July
1,
2010.
6
2.
HEALTHY
CHILDREN
AND
FAMILIES
7
For
promoting
the
optimum
health
status
for
children,
8
adolescents
from
birth
through
21
years
of
age,
and
families,
9
and
for
not
more
than
the
following
full-time
equivalent
10
positions:
11
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$
2,963,467
12
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FTEs
14.00
13
a.
Of
the
funds
appropriated
in
this
subsection,
not
more
14
than
$738,203
shall
be
used
for
the
healthy
opportunities
to
15
experience
success
(HOPES)-healthy
families
Iowa
(HFI)
program
16
established
pursuant
to
section
135.106.
The
funding
shall
17
be
distributed
to
renew
the
grants
that
were
provided
to
the
18
grantees
that
operated
the
program
during
the
fiscal
year
19
ending
June
30,
2010.
20
b.
Of
the
funds
appropriated
in
this
subsection,
$311,459
21
shall
be
used
to
continue
to
address
the
healthy
mental
22
development
of
children
from
birth
through
five
years
of
age
23
through
local
evidence-based
strategies
that
engage
both
the
24
public
and
private
sectors
in
promoting
healthy
development,
25
prevention,
and
treatment
for
children.
26
c.
Of
the
funds
appropriated
in
this
subsection,
$31,597
27
shall
be
distributed
to
a
statewide
dental
carrier
to
provide
28
funds
to
continue
the
donated
dental
services
program
patterned
29
after
the
projects
developed
by
the
national
foundation
of
30
dentistry
for
the
handicapped
to
provide
dental
services
to
31
indigent
elderly
and
disabled
individuals.
32
d.
Of
the
funds
appropriated
in
this
subsection,
$129,279
33
shall
be
used
for
childhood
obesity
prevention.
34
e.
Of
the
funds
appropriated
in
this
subsection,
$171,295
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shall
be
used
to
provide
audiological
services
and
hearing
1
aids
for
children.
The
department
may
enter
into
a
contract
2
to
administer
this
paragraph.
3
f.
It
is
the
intent
of
the
general
assembly
that
the
4
department
of
public
health
shall
implement
the
recommendations
5
of
the
postnatal
tissue
and
fluid
bank
task
force
created
in
6
2007
Iowa
Acts,
chapter
147,
based
upon
the
report
submitted
7
to
the
general
assembly
in
November
2007,
as
funding
becomes
8
available.
The
department
shall
notify
the
Iowa
Code
editor
9
and
the
persons
specified
in
this
Act
to
receive
reports
when
10
such
funding
becomes
available.
11
3.
CHRONIC
CONDITIONS
12
For
serving
individuals
identified
as
having
chronic
13
conditions
or
special
health
care
needs,
and
for
not
more
than
14
the
following
full-time
equivalent
positions:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,434,908
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
4.50
17
a.
Of
the
funds
appropriated
in
this
subsection,
$160,582
18
shall
be
used
for
grants
to
individual
patients
who
have
19
phenylketonuria
(PKU)
to
assist
with
the
costs
of
necessary
20
special
foods.
21
b.
Of
the
funds
appropriated
in
this
subsection,
$416,682
22
is
allocated
for
continuation
of
the
contracts
for
resource
23
facilitator
services
in
accordance
with
section
135.22B,
24
subsection
9,
and
for
brain
injury
training
services
and
25
recruiting
of
service
providers
to
increase
the
capacity
within
26
this
state
to
address
the
needs
of
individuals
with
brain
27
injuries
and
such
individuals’
families.
28
c.
Of
the
funds
appropriated
in
this
subsection,
$235,085
29
shall
be
used
as
additional
funding
to
leverage
federal
funding
30
through
the
federal
Ryan
White
Care
Act,
Tit.
II,
AIDS
drug
31
assistance
program
supplemental
drug
treatment
grants.
32
d.
Of
the
funds
appropriated
in
this
subsection,
$57,013
33
shall
be
used
for
the
public
purpose
of
providing
a
grant
to
an
34
existing
national-affiliated
organization
to
provide
education,
35
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105
S.F.
_____
H.F.
_____
client-centered
programs,
and
client
and
family
support
for
1
people
living
with
epilepsy
and
their
families.
2
e.
Of
the
funds
appropriated
in
this
subsection,
$344,944
3
shall
be
used
for
child
health
specialty
clinics.
4
f.
Of
the
funds
appropriated
in
this
subsection,
$408,802
5
shall
be
used
for
the
comprehensive
cancer
control
program
to
6
reduce
the
burden
of
cancer
in
Iowa
through
prevention,
early
7
detection,
effective
treatment,
and
ensuring
quality
of
life.
8
The
department
shall
utilize
one
of
the
full-time
equivalent
9
positions
authorized
in
this
subsection
for
administration
of
10
the
activities
related
to
the
comprehensive
cancer
control
11
program.
12
g.
Of
the
funds
appropriated
in
this
subsection,
$145,550
13
shall
be
used
for
cervical
and
colon
cancer
screening.
14
4.
COMMUNITY
CAPACITY
15
For
strengthening
the
health
care
delivery
system
at
the
16
local
level,
and
for
not
more
than
the
following
full-time
17
equivalent
positions:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,503,037
19
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
21.00
20
a.
Of
the
funds
appropriated
in
this
subsection,
$63,592
21
is
allocated
for
a
child
vision
screening
program
implemented
22
through
the
university
of
Iowa
hospitals
and
clinics
in
23
collaboration
with
community
empowerment
areas.
24
b.
Of
the
funds
appropriated
in
this
subsection,
$129,741
is
25
allocated
for
continuation
of
an
initiative
implemented
at
the
26
university
of
Iowa
and
$117,142
is
allocated
for
continuation
27
of
an
initiative
at
the
state
mental
health
institute
at
28
Cherokee
to
expand
and
improve
the
workforce
engaged
in
29
mental
health
treatment
and
services.
The
initiatives
shall
30
receive
input
from
the
university
of
Iowa,
the
department
31
of
human
services,
the
department
of
public
health,
and
the
32
mental
health,
mental
retardation,
developmental
disabilities,
33
and
brain
injury
commission
to
address
the
focus
of
the
34
initiatives.
35
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105
S.F.
_____
H.F.
_____
c.
Of
the
funds
appropriated
in
this
subsection,
$1,264,812
1
shall
be
used
for
essential
public
health
services
that
promote
2
healthy
aging
throughout
the
lifespan,
contracted
through
a
3
formula
for
local
boards
of
health,
to
enhance
health
promotion
4
and
disease
prevention
services.
5
d.
Of
the
funds
appropriated
in
this
section,
$130,214
shall
6
be
deposited
in
the
governmental
public
health
system
fund
7
created
in
section
135A.8
to
be
used
for
the
purposes
of
the
8
fund.
9
e.
Of
the
funds
appropriated
in
this
subsection,
$143,150
10
shall
be
used
for
the
mental
health
professional
shortage
area
11
program
implemented
pursuant
to
section
135.80.
12
f.
Of
the
funds
appropriated
in
this
subsection,
13
$40,900
shall
be
used
for
a
grant
to
a
statewide
association
14
of
psychologists
that
is
affiliated
with
the
American
15
psychological
association
to
be
used
for
continuation
of
a
16
program
to
rotate
intern
psychologists
in
placements
in
urban
17
and
rural
mental
health
professional
shortage
areas,
as
defined
18
in
section
135.80.
19
g.
Of
the
funds
appropriated
in
this
subsection,
the
20
following
amounts
shall
be
allocated
to
the
Iowa
collaborative
21
safety
net
provider
network
established
pursuant
to
section
22
135.153
to
be
used
for
the
purposes
designated:
23
(1)
For
distribution
to
the
Iowa-Nebraska
primary
24
care
association
for
statewide
coordination
of
the
Iowa
25
collaborative
safety
net
provider
network:
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
73,620
27
(2)
For
distribution
to
the
Iowa
family
planning
network
28
agencies
for
necessary
infrastructure,
statewide
coordination,
29
provider
recruitment,
service
delivery,
and
provision
of
30
assistance
to
patients
in
determining
an
appropriate
medical
31
home:
32
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
74,517
33
(3)
For
distribution
to
the
local
boards
of
health
that
34
provide
direct
services
for
pilot
programs
in
three
counties
to
35
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83
pf/jp
9/
105
S.F.
_____
H.F.
_____
assist
patients
in
determining
an
appropriate
medical
home:
1
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
74,517
2
(4)
For
distribution
to
maternal
and
child
health
centers
3
for
pilot
programs
in
three
counties
to
assist
patients
in
4
determining
an
appropriate
medical
home:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
74,517
6
(5)
For
distribution
to
free
clinics
for
necessary
7
infrastructure,
statewide
coordination,
provider
recruitment,
8
service
delivery,
and
provision
of
assistance
to
patients
in
9
determining
an
appropriate
medical
home:
10
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
184,050
11
(6)
For
distribution
to
rural
health
clinics
for
necessary
12
infrastructure,
statewide
coordination,
provider
recruitment,
13
service
delivery,
and
provision
of
assistance
to
patients
in
14
determining
an
appropriate
medical
home:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
110,430
16
(7)
For
continuation
of
the
safety
net
provider
patient
17
access
to
specialty
health
care
initiative
as
described
in
2007
18
Iowa
Acts,
chapter
218,
section
109:
19
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
294,480
20
(8)
For
continuation
of
the
pharmaceutical
infrastructure
21
for
safety
net
providers
as
described
in
2007
Iowa
Acts,
22
chapter
218,
section
108:
23
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
294,480
24
The
Iowa
collaborative
safety
net
provider
network
may
25
continue
to
distribute
funds
allocated
pursuant
to
this
26
lettered
paragraph
through
existing
contracts
or
renewal
of
27
existing
contracts.
28
h.
(1)
Of
the
funds
appropriated
in
this
subsection,
29
$180,000
shall
be
used
for
continued
implementation
of
30
the
recommendations
of
the
direct
care
worker
task
force
31
established
pursuant
to
2005
Iowa
Acts,
chapter
88,
based
upon
32
the
report
submitted
to
the
governor
and
the
general
assembly
33
in
December
2006.
The
department
may
use
a
portion
of
the
34
funds
allocated
in
this
paragraph
for
an
additional
position
35
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83
pf/jp
10/
105
S.F.
_____
H.F.
_____
to
assist
in
the
continued
implementation.
The
focus
of
the
1
implementation
shall
be
researching
and
establishing
a
system
2
to
collect
and
maintain
accurate
data
on
the
direct
care
3
workforce;
beginning
the
groundwork
to
establish
a
board
of
4
direct
care
workers
within
the
department
of
public
health
by
5
July
1,
2014;
and
other
recommendations
of
the
task
force
that
6
result
in
the
development
of
a
state
infrastructure
to
provide
7
stability
to
the
direct
care
workforce.
8
(2)
The
department
of
public
health
shall
report
to
the
9
persons
designated
in
this
Act
for
submission
of
reports
10
regarding
use
of
the
funds
allocated
in
this
lettered
11
paragraph,
on
or
before
January
15,
2011.
12
i.
(1)
Of
the
funds
appropriated
in
this
subsection,
13
$135,000
shall
be
used
for
allocation
to
an
independent
14
statewide
direct
care
worker
association
for
education,
15
outreach,
leadership
development,
mentoring,
and
other
16
initiatives
intended
to
enhance
the
recruitment
and
retention
17
of
direct
care
workers
in
health
and
long-term
care.
18
(2)
Of
the
funds
appropriated
in
this
subsection,
$63,000
19
shall
be
used
to
provide
conference
scholarships
to
direct
care
20
workers.
21
(3)
The
association
specified
in
this
lettered
paragraph
22
shall
report
to
the
persons
designated
in
this
Act
for
23
submission
of
reports
on
or
before
January
1,
2011,
the
use
of
24
the
funds
allocated
in
this
lettered
paragraph,
any
progress
25
made
regarding
the
initiatives
specified
and
in
expanding
the
26
association
statewide,
and
the
number
of
scholarships
provided,
27
and
shall
include
in
the
report
a
copy
of
the
association’s
28
internal
revenue
service
form
990.
29
j.
The
department
may
utilize
one
of
the
full-time
30
equivalent
positions
authorized
in
this
subsection
for
31
administration
of
the
activities
related
to
the
Iowa
32
collaborative
safety
net
provider
network.
33
k.
The
department
may
utilize
one
of
the
full-time
34
equivalent
positions
authorized
in
this
subsection
for
35
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LSB
5091JB
(2)
83
pf/jp
11/
105
S.F.
_____
H.F.
_____
administration
of
the
volunteer
health
care
provider
program
1
pursuant
to
section
135.24.
2
5.
HEALTHY
AGING
3
To
provide
public
health
services
that
reduce
risks
and
4
invest
in
promoting
and
protecting
good
health
over
the
5
course
of
a
lifetime
with
a
priority
given
to
older
Iowans
and
6
vulnerable
populations:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,045,779
8
a.
Of
the
funds
appropriated
in
this
subsection,
$2,209,696
9
shall
be
used
for
local
public
health
nursing
services.
10
b.
Of
the
funds
appropriated
in
this
subsection,
$5,836,083
11
shall
be
used
for
home
care
aide
services.
12
6.
ENVIRONMENTAL
HAZARDS
13
For
reducing
the
public’s
exposure
to
hazards
in
the
14
environment,
primarily
chemical
hazards,
and
for
not
more
than
15
the
following
full-time
equivalent
positions:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
900,352
17
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
4.50
18
a.
Of
the
funds
appropriated
in
this
subsection,
$536,033
19
shall
be
used
for
childhood
lead
poisoning
provisions.
20
b.
Of
the
funds
appropriated
in
this
subsection,
not
more
21
than
$253,135
shall
be
used
for
the
development
of
scientific
22
and
medical
expertise
in
environmental
epidemiology.
23
7.
INFECTIOUS
DISEASES
24
For
reducing
the
incidence
and
prevalence
of
communicable
25
diseases,
and
for
not
more
than
the
following
full-time
26
equivalent
positions:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,475,095
28
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
5.00
29
8.
PUBLIC
PROTECTION
30
For
protecting
the
health
and
safety
of
the
public
through
31
establishing
standards
and
enforcing
regulations,
and
for
not
32
more
than
the
following
full-time
equivalent
positions:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,212,987
34
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
130.20
35
-12-
LSB
5091JB
(2)
83
pf/jp
12/
105
S.F.
_____
H.F.
_____
a.
Of
the
funds
appropriated
in
this
subsection,
not
more
1
than
$471,690
shall
be
credited
to
the
emergency
medical
2
services
fund
created
in
section
135.25.
Moneys
in
the
3
emergency
medical
services
fund
are
appropriated
to
the
4
department
to
be
used
for
the
purposes
of
the
fund.
5
b.
Of
the
funds
appropriated
in
this
subsection,
$209,229
6
shall
be
used
for
sexual
violence
prevention
programming
7
through
a
statewide
organization
representing
programs
serving
8
victims
of
sexual
violence
through
the
department’s
sexual
9
violence
prevention
program.
The
amount
allocated
in
this
10
lettered
paragraph
shall
not
be
used
to
supplant
funding
11
administered
for
other
sexual
violence
prevention
or
victims
12
assistance
programs.
13
c.
Of
the
funds
appropriated
in
this
subsection,
not
more
14
than
$485,520
shall
be
used
for
the
state
poison
control
15
center.
16
9.
RESOURCE
MANAGEMENT
17
For
establishing
and
sustaining
the
overall
ability
of
the
18
department
to
deliver
services
to
the
public,
and
for
not
more
19
than
the
following
full-time
equivalent
positions:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
956,265
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
10.00
22
The
university
of
Iowa
hospitals
and
clinics
under
the
23
control
of
the
state
board
of
regents
shall
not
receive
24
indirect
costs
from
the
funds
appropriated
in
this
section.
25
The
university
of
Iowa
hospitals
and
clinics
billings
to
the
26
department
shall
be
on
at
least
a
quarterly
basis.
27
DIVISION
III
28
DEPARTMENT
OF
VETERANS
AFFAIRS
29
Sec.
3.
DEPARTMENT
OF
VETERANS
AFFAIRS.
There
is
30
appropriated
from
the
general
fund
of
the
state
to
the
31
department
of
veterans
affairs
for
the
fiscal
year
beginning
32
July
1,
2010,
and
ending
June
30,
2011,
the
following
amounts,
33
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
34
designated:
35
-13-
LSB
5091JB
(2)
83
pf/jp
13/
105
S.F.
_____
H.F.
_____
1.
DEPARTMENT
OF
VETERANS
AFFAIRS
ADMINISTRATION
1
For
salaries,
support,
maintenance,
and
miscellaneous
2
purposes,
including
the
war
orphans
educational
assistance
fund
3
created
in
section
35.8,
and
for
not
more
than
the
following
4
full-time
equivalent
positions:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
960,453
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
15.20
7
2.
IOWA
VETERANS
HOME
8
For
salaries,
support,
maintenance,
and
miscellaneous
9
purposes:
10
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
9,630,846
11
a.
The
Iowa
veterans
home
billings
involving
the
department
12
of
human
services
shall
be
submitted
to
the
department
on
at
13
least
a
monthly
basis.
14
b.
If
there
is
a
change
in
the
employer
of
employees
15
providing
services
at
the
Iowa
veterans
home
under
a
collective
16
bargaining
agreement,
such
employees
and
the
agreement
shall
17
be
continued
by
the
successor
employer
as
though
there
had
not
18
been
a
change
in
employer.
19
3.
STATE
EDUCATIONAL
ASSISTANCE
——
CHILDREN
OF
DECEASED
20
VETERANS
21
For
provision
of
educational
assistance
pursuant
to
section
22
35.9:
23
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
12,731
24
Sec.
4.
LIMITATION
OF
COUNTY
COMMISSION
OF
VETERANS
AFFAIRS
25
FUND
STANDING
APPROPRIATIONS.
Notwithstanding
the
standing
26
appropriation
in
the
following
designated
section
for
the
27
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
28
the
amounts
appropriated
from
the
general
fund
of
the
state
29
pursuant
to
that
section
for
the
following
designated
purposes
30
shall
not
exceed
the
following
amount:
31
For
the
county
commissions
of
veterans
affairs
fund
under
32
section
35A.16:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
900,000
34
Sec.
5.
MERCHANT
MARINE
BONUS
FUND
——
COUNTY
GRANTS.
There
35
-14-
LSB
5091JB
(2)
83
pf/jp
14/
105
S.F.
_____
H.F.
_____
is
appropriated
from
the
merchant
marine
bonus
fund
created
in
1
section
35A.8
to
the
department
of
veterans
affairs
for
the
2
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
3
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
4
used
for
the
purposes
designated:
5
For
the
county
commissions
of
veterans
affairs
fund
under
6
section
35A.16:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
90,000
8
DIVISION
IV
9
DEPARTMENT
OF
HUMAN
SERVICES
10
Sec.
6.
TEMPORARY
ASSISTANCE
FOR
NEEDY
FAMILIES
BLOCK
11
GRANT.
There
is
appropriated
from
the
fund
created
in
section
12
8.41
to
the
department
of
human
services
for
the
fiscal
year
13
beginning
July
1,
2010,
and
ending
June
30,
2011,
from
moneys
14
received
under
the
federal
temporary
assistance
for
needy
15
families
(TANF)
block
grant
pursuant
to
the
federal
Personal
16
Responsibility
and
Work
Opportunity
Reconciliation
Act
of
1996,
17
Pub.
L.
No.
104-193,
and
successor
legislation,
and
from
moneys
18
received
under
the
emergency
contingency
fund
for
temporary
19
assistance
for
needy
families
state
program
established
20
pursuant
to
the
federal
American
Recovery
and
Reinvestment
21
Act
of
2009,
Pub.
L.
No.
111-5
§
2101,
which
are
federally
22
appropriated
for
the
federal
fiscal
years
beginning
October
1,
23
2009,
and
ending
September
30,
2010,
and
beginning
October
1,
24
2010,
and
ending
September
30,
2011,
the
following
amounts,
or
25
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
26
designated:
27
1.
To
be
credited
to
the
family
investment
program
account
28
and
used
for
assistance
under
the
family
investment
program
29
under
chapter
239B:
30
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
36,733,711
31
2.
To
be
credited
to
the
family
investment
program
account
32
and
used
for
the
job
opportunities
and
basic
skills
(JOBS)
33
program
and
implementing
family
investment
agreements
in
34
accordance
with
chapter
239B:
35
-15-
LSB
5091JB
(2)
83
pf/jp
15/
105
S.F.
_____
H.F.
_____
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
12,411,528
1
Notwithstanding
section
8.33,
not
more
than
5
percent
of
2
the
moneys
designated
in
this
subsection
that
are
allocated
3
by
the
department
for
contracted
services,
other
than
4
family
self-sufficiency
grant
services
allocated
under
this
5
subsection,
that
remain
unencumbered
or
unobligated
at
the
6
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
7
available
for
expenditure
for
the
purposes
designated
until
8
the
close
of
the
succeeding
fiscal
year.
However,
unless
such
9
moneys
are
encumbered
or
obligated
on
or
before
September
30,
10
2011,
the
moneys
shall
revert.
11
3.
To
be
used
for
the
family
development
and
12
self-sufficiency
grant
program
in
accordance
with
section
13
216A.107:
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,898,980
15
Notwithstanding
section
8.33,
moneys
appropriated
in
this
16
subsection
that
remain
unencumbered
or
unobligated
at
the
close
17
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
18
for
expenditure
for
the
purposes
designated
until
the
close
of
19
the
succeeding
fiscal
year.
However,
unless
such
moneys
are
20
encumbered
or
obligated
on
or
before
September
30,
2011,
the
21
moneys
shall
revert.
22
4.
For
field
operations:
23
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
23,760,474
24
5.
For
general
administration:
25
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,744,000
26
6.
For
state
child
care
assistance:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
12,382,687
28
a.
Of
the
funds
appropriated
in
this
subsection,
29
$12,382,687
shall
be
transferred
to
the
child
care
and
30
development
block
grant
appropriation
made
by
the
Eighty-third
31
General
Assembly,
2010
Session,
for
the
federal
fiscal
32
year
beginning
October
1,
2010,
and
ending
September
30,
33
2011.
Of
this
amount,
$200,000
shall
be
used
for
provision
34
of
educational
opportunities
to
registered
child
care
home
35
-16-
LSB
5091JB
(2)
83
pf/jp
16/
105
S.F.
_____
H.F.
_____
providers
in
order
to
improve
services
and
programs
offered
1
by
this
category
of
providers
and
to
increase
the
number
of
2
providers.
The
department
may
contract
with
institutions
3
of
higher
education
or
child
care
resource
and
referral
4
centers
to
provide
the
educational
opportunities.
Allowable
5
administrative
costs
under
the
contracts
shall
not
exceed
5
6
percent.
The
application
for
a
grant
shall
not
exceed
two
7
pages
in
length.
8
b.
Any
funds
appropriated
in
this
subsection
remaining
9
unallocated
shall
be
used
for
state
child
care
assistance
10
payments
for
individuals
enrolled
in
the
family
investment
11
program
who
are
employed.
12
7.
For
mental
health
and
developmental
disabilities
13
community
services:
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
4,894,052
15
8.
For
child
and
family
services:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
32,084,430
17
9.
For
child
abuse
prevention
grants:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
125,000
19
10.
For
pregnancy
prevention
grants
on
the
condition
that
20
family
planning
services
are
funded:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,327,878
22
Pregnancy
prevention
grants
shall
be
awarded
to
programs
23
in
existence
on
or
before
July
1,
2010,
if
the
programs
are
24
comprehensive
in
scope
and
have
demonstrated
positive
outcomes.
25
Grants
shall
be
awarded
to
pregnancy
prevention
programs
26
which
are
developed
after
July
1,
2010,
if
the
programs
are
27
comprehensive
in
scope
and
are
based
on
existing
models
that
28
have
demonstrated
positive
outcomes.
Grants
shall
comply
with
29
the
requirements
provided
in
1997
Iowa
Acts,
chapter
208,
30
section
14,
subsections
1
and
2,
including
the
requirement
that
31
grant
programs
must
emphasize
sexual
abstinence.
Priority
in
32
the
awarding
of
grants
shall
be
given
to
programs
that
serve
33
areas
of
the
state
which
demonstrate
the
highest
percentage
of
34
unplanned
pregnancies
of
females
of
childbearing
age
within
the
35
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105
S.F.
_____
H.F.
_____
geographic
area
to
be
served
by
the
grant.
1
11.
For
technology
needs
and
other
resources
necessary
2
to
meet
federal
welfare
reform
reporting,
tracking,
and
case
3
management
requirements:
4
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,037,186
5
12.
To
be
credited
to
the
state
child
care
assistance
6
appropriation
made
in
this
section
to
be
used
for
funding
of
7
community-based
early
childhood
programs
targeted
to
children
8
from
birth
through
five
years
of
age
developed
by
community
9
empowerment
areas
as
provided
in
section
28.9:
10
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,350,000
11
The
department
shall
transfer
TANF
block
grant
funding
12
appropriated
and
allocated
in
this
subsection
to
the
child
care
13
and
development
block
grant
appropriation
in
accordance
with
14
federal
law
as
necessary
to
comply
with
the
provisions
of
this
15
subsection.
16
13.
Notwithstanding
any
provision
to
the
contrary,
17
including
but
not
limited
to
requirements
in
section
8.41
or
18
provisions
in
2009
or
2010
Iowa
Acts
regarding
the
receipt
19
and
appropriation
of
federal
block
grants,
federal
funds
20
from
the
emergency
contingency
fund
for
temporary
assistance
21
for
needy
families
state
program
established
pursuant
to
the
22
federal
American
Recovery
and
Reinvestment
Act
of
2009,
Pub.
23
L.
No.
111-5
§
2101,
received
by
the
state
during
the
fiscal
24
year
beginning
July
1,
2009,
and
ending
June
30,
2010,
not
25
otherwise
appropriated
in
this
section
and
remaining
available
26
as
of
July
1,
2010,
and
received
by
the
state
during
the
fiscal
27
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
are
28
appropriated
to
the
extent
as
may
be
necessary
to
fully
fund
29
the
family
investment
program
during
the
fiscal
year
beginning
30
July
1,
2010,
and
ending
June
30,
2011.
31
a.
The
federal
funds
appropriated
in
this
subsection
32
shall
be
expended
only
after
all
other
funds
appropriated
in
33
subsection
1
for
assistance
under
the
family
investment
program
34
under
chapter
239B
have
been
expended.
35
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S.F.
_____
H.F.
_____
b.
The
department
shall,
on
a
quarterly
basis,
advise
the
1
legislative
services
agency
and
department
of
management
of
2
the
amount
of
funds
appropriated
in
this
subsection
that
was
3
expended
in
the
prior
quarter.
4
14.
Of
the
amounts
appropriated
in
this
section,
5
$12,962,008
for
the
fiscal
year
beginning
July
1,
2010,
shall
6
be
transferred
to
the
appropriation
of
the
federal
social
7
services
block
grant
made
for
that
fiscal
year.
8
15.
The
department
may
transfer
funds
allocated
in
this
9
section
to
the
appropriations
made
in
this
Act
for
general
10
administration
and
field
operations
for
resources
necessary
to
11
implement
and
operate
the
services
referred
to
in
this
section
12
and
those
funded
in
the
appropriation
made
in
this
division
of
13
this
Act
for
the
family
investment
program
from
the
general
14
fund
of
the
state.
15
Sec.
7.
FAMILY
INVESTMENT
PROGRAM
ACCOUNT.
16
1.
Moneys
credited
to
the
family
investment
program
(FIP)
17
account
for
the
fiscal
year
beginning
July
1,
2010,
and
18
ending
June
30,
2011,
shall
be
used
to
provide
assistance
in
19
accordance
with
chapter
239B.
20
2.
The
department
may
use
a
portion
of
the
moneys
credited
21
to
the
FIP
account
under
this
section
as
necessary
for
22
salaries,
support,
maintenance,
and
miscellaneous
purposes.
23
3.
The
department
may
transfer
funds
allocated
in
24
this
section
to
the
appropriations
in
this
Act
for
general
25
administration
and
field
operations
for
resources
necessary
to
26
implement
and
operate
the
services
referred
to
in
this
section
27
and
those
funded
in
the
appropriation
made
in
this
division
of
28
this
Act
for
the
family
investment
program
from
the
general
29
fund
of
the
state.
30
4.
Moneys
appropriated
in
this
division
of
this
Act
and
31
credited
to
the
FIP
account
for
the
fiscal
year
beginning
July
32
1,
2010,
and
ending
June
30,
2011,
are
allocated
as
follows:
33
a.
To
be
retained
by
the
department
of
human
services
to
34
be
used
for
coordinating
with
the
department
of
human
rights
35
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pf/jp
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105
S.F.
_____
H.F.
_____
to
more
effectively
serve
participants
in
the
FIP
program
and
1
other
shared
clients
and
to
meet
federal
reporting
requirements
2
under
the
federal
temporary
assistance
for
needy
families
block
3
grant:
4
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
20,000
5
b.
To
the
department
of
human
rights
for
staffing,
6
administration,
and
implementation
of
the
family
development
7
and
self-sufficiency
grant
program
in
accordance
with
section
8
216A.107:
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,397,251
10
(1)
Of
the
funds
allocated
for
the
family
development
and
11
self-sufficiency
grant
program
in
this
lettered
paragraph,
12
not
more
than
5
percent
of
the
funds
shall
be
used
for
the
13
administration
of
the
grant
program.
14
(2)
The
department
of
human
rights
may
continue
to
implement
15
the
family
development
and
self-sufficiency
grant
program
16
statewide
during
fiscal
year
2010-2011.
17
c.
For
the
diversion
subaccount
of
the
FIP
account:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,634,400
19
A
portion
of
the
moneys
allocated
for
the
subaccount
may
20
be
used
for
field
operations
salaries,
data
management
system
21
development,
and
implementation
costs
and
support
deemed
22
necessary
by
the
director
of
human
services
in
order
to
23
administer
the
FIP
diversion
program.
24
d.
For
the
food
stamp
employment
and
training
program:
25
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
68,059
26
(1)
The
department
shall
amend
the
food
stamp
employment
and
27
training
state
plan
in
order
to
maximize
to
the
fullest
extent
28
permitted
by
federal
law
the
use
of
the
50-50
match
provisions
29
for
the
claiming
of
allowable
federal
matching
funds
from
the
30
United
States
department
of
agriculture
pursuant
to
the
federal
31
food
stamp
employment
and
training
program
for
providing
32
education,
employment,
and
training
services
for
eligible
food
33
assistance
program
participants,
including
but
not
limited
to
34
related
dependent
care
and
transportation
expenses.
35
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105
S.F.
_____
H.F.
_____
(2)
The
department
shall
implement
measures
to
expand
usage
1
of
the
federal
food
assistance
programs
administered
by
the
2
department
and
to
appropriately
determine
eligibility
for
the
3
programs
by
raising
the
income
limit
to
the
extent
allowed
4
under
federal
requirements
and
eliminating
the
asset
test.
The
5
eligibility
determination
measures
shall
include
but
are
not
6
limited
to
checking
applications
to
identify
persons
convicted
7
of
crimes
who
are
incarcerated
in
correctional
facilities
and
8
jails
or
are
otherwise
ineligible
for
food
assistance
programs
9
under
federal
requirements
for
having
committed
a
crime.
10
e.
For
the
JOBS
program:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
20,652,993
12
5.
Of
the
child
support
collections
assigned
under
FIP,
13
an
amount
equal
to
the
federal
share
of
support
collections
14
shall
be
credited
to
the
child
support
recovery
appropriation
15
made
in
this
division
of
this
Act.
Of
the
remainder
of
the
16
assigned
child
support
collections
received
by
the
child
17
support
recovery
unit,
a
portion
shall
be
credited
to
the
FIP
18
account,
a
portion
may
be
used
to
increase
recoveries,
and
a
19
portion
may
be
used
to
sustain
cash
flow
in
the
child
support
20
payments
account.
If
as
a
consequence
of
the
appropriations
21
and
allocations
made
in
this
section
the
resulting
amounts
22
are
insufficient
to
sustain
cash
assistance
payments
and
meet
23
federal
maintenance
of
effort
requirements,
the
department
24
shall
seek
supplemental
funding.
If
child
support
collections
25
assigned
under
FIP
are
greater
than
estimated
or
are
otherwise
26
determined
not
to
be
required
for
maintenance
of
effort,
the
27
state
share
of
either
amount
may
be
transferred
to
or
retained
28
in
the
child
support
payment
account.
29
6.
The
department
may
adopt
emergency
rules
for
the
family
30
investment,
JOBS,
food
stamp,
and
medical
assistance
programs
31
if
necessary
to
comply
with
federal
requirements.
32
Sec.
8.
FAMILY
INVESTMENT
PROGRAM
GENERAL
FUND.
There
33
is
appropriated
from
the
general
fund
of
the
state
to
the
34
department
of
human
services
for
the
fiscal
year
beginning
July
35
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83
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21/
105
S.F.
_____
H.F.
_____
1,
2010,
and
ending
June
30,
2011,
the
following
amount,
or
1
so
much
thereof
as
is
necessary,
to
be
used
for
the
purpose
2
designated:
3
To
be
credited
to
the
family
investment
program
(FIP)
4
account
and
used
for
family
investment
program
assistance
under
5
chapter
239B:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
31,735,539
7
1.
Of
the
funds
appropriated
in
this
section,
$8,241,465
is
8
allocated
for
the
JOBS
program.
9
2.
Of
the
funds
appropriated
in
this
section,
$2,518,271
is
10
allocated
for
the
family
development
and
self-sufficiency
grant
11
program.
12
3.
Notwithstanding
section
8.39,
for
the
fiscal
year
13
beginning
July
1,
2010,
if
necessary
to
meet
federal
14
maintenance
of
effort
requirements
or
to
transfer
federal
15
temporary
assistance
for
needy
families
block
grant
funding
16
to
be
used
for
purposes
of
the
federal
social
services
block
17
grant
or
to
meet
cash
flow
needs
resulting
from
delays
in
18
receiving
federal
funding
or
to
implement,
in
accordance
with
19
this
division
of
this
Act,
activities
currently
funded
with
20
juvenile
court
services,
county,
or
community
moneys
and
state
21
moneys
used
in
combination
with
such
moneys,
the
department
22
of
human
services
may
transfer
funds
within
or
between
any
23
of
the
appropriations
made
in
this
division
of
this
Act
and
24
appropriations
in
law
for
the
federal
social
services
block
25
grant
to
the
department
for
the
following
purposes,
provided
26
that
the
combined
amount
of
state
and
federal
temporary
27
assistance
for
needy
families
block
grant
funding
for
each
28
appropriation
remains
the
same
before
and
after
the
transfer:
29
a.
For
the
family
investment
program.
30
b.
For
child
care
assistance.
31
c.
For
child
and
family
services.
32
d.
For
field
operations.
33
e.
For
general
administration.
34
f.
MH/MR/DD/BI
community
services
(local
purchase).
35
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(2)
83
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105
S.F.
_____
H.F.
_____
This
subsection
shall
not
be
construed
to
prohibit
the
use
1
of
existing
state
transfer
authority
for
other
purposes.
The
2
department
shall
report
any
transfers
made
pursuant
to
this
3
subsection
to
the
legislative
services
agency.
4
Sec.
9.
CHILD
SUPPORT
RECOVERY.
There
is
appropriated
5
from
the
general
fund
of
the
state
to
the
department
of
human
6
services
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
7
June
30,
2011,
the
following
amount,
or
so
much
thereof
as
is
8
necessary,
to
be
used
for
the
purposes
designated:
9
For
child
support
recovery,
including
salaries,
support,
10
maintenance,
and
miscellaneous
purposes,
and
for
not
more
than
11
the
following
full-time
equivalent
positions:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
11,827,414
13
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
520.00
14
1.
The
department
shall
expend
up
to
$24,329,
including
15
federal
financial
participation,
for
the
fiscal
year
beginning
16
July
1,
2010,
for
a
child
support
public
awareness
campaign.
17
The
department
and
the
office
of
the
attorney
general
shall
18
cooperate
in
continuation
of
the
campaign.
The
public
19
awareness
campaign
shall
emphasize,
through
a
variety
of
20
media
activities,
the
importance
of
maximum
involvement
of
21
both
parents
in
the
lives
of
their
children
as
well
as
the
22
importance
of
payment
of
child
support
obligations.
23
2.
Federal
access
and
visitation
grant
moneys
shall
be
24
issued
directly
to
private
not-for-profit
agencies
that
provide
25
services
designed
to
increase
compliance
with
the
child
access
26
provisions
of
court
orders,
including
but
not
limited
to
27
neutral
visitation
sites
and
mediation
services.
28
3.
The
appropriation
made
to
the
department
for
child
29
support
recovery
may
be
used
throughout
the
fiscal
year
in
the
30
manner
necessary
for
purposes
of
cash
flow
management,
and
for
31
cash
flow
management
purposes
the
department
may
temporarily
32
draw
more
than
the
amount
appropriated,
provided
the
amount
33
appropriated
is
not
exceeded
at
the
close
of
the
fiscal
year.
34
4.
With
the
exception
of
the
funding
amount
specified,
35
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the
requirements
established
under
2001
Iowa
Acts,
chapter
1
191,
section
3,
subsection
5,
paragraph
“c”,
subparagraph
(3),
2
shall
be
applicable
to
parental
obligation
pilot
projects
for
3
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
4
2011.
Notwithstanding
441
IAC
100.8,
as
in
effect
on
June
30,
5
2009,
providing
for
termination
of
rules
relating
to
the
pilot
6
projects
the
earlier
of
October
1,
2006,
or
when
legislative
7
authority
is
discontinued,
the
rules
relating
to
the
pilot
8
projects,
as
in
effect
on
June
30,
2009,
shall
remain
in
effect
9
until
June
30,
2011.
10
Sec.
10.
HEALTH
CARE
TRUST
FUND
——
MEDICAL
ASSISTANCE.
In
11
addition
to
any
other
appropriation
made
in
this
Act
for
12
the
purposes
of
the
medical
assistance
program,
there
is
13
appropriated
from
the
health
care
trust
fund
created
in
section
14
453A.35A
to
the
department
of
human
services
for
the
fiscal
15
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
16
following
amount,
or
so
much
thereof
as
is
necessary,
for
the
17
purpose
designated:
18
For
medical
assistance
reimbursement
and
associated
costs:
19
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$106,916,532
20
Sec.
11.
MEDICAL
ASSISTANCE.
There
is
appropriated
from
the
21
general
fund
of
the
state
to
the
department
of
human
services
22
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
23
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
24
to
be
used
for
the
purpose
designated:
25
For
medical
assistance
reimbursement
and
associated
costs
26
as
specifically
provided
in
the
reimbursement
methodologies
27
in
effect
on
June
30,
2010,
except
as
otherwise
expressly
28
authorized
by
law,
including
reimbursement
for
abortion
29
services
which
shall
be
available
under
the
medical
assistance
30
program
only
for
those
abortions
which
are
medically
necessary:
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$421,959,417
32
1.
Medically
necessary
abortions
are
those
performed
under
33
any
of
the
following
conditions:
34
a.
The
attending
physician
certifies
that
continuing
the
35
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pregnancy
would
endanger
the
life
of
the
pregnant
woman.
1
b.
The
attending
physician
certifies
that
the
fetus
is
2
physically
deformed,
mentally
deficient,
or
afflicted
with
a
3
congenital
illness.
4
c.
The
pregnancy
is
the
result
of
a
rape
which
is
reported
5
within
45
days
of
the
incident
to
a
law
enforcement
agency
or
6
public
or
private
health
agency
which
may
include
a
family
7
physician.
8
d.
The
pregnancy
is
the
result
of
incest
which
is
reported
9
within
150
days
of
the
incident
to
a
law
enforcement
agency
10
or
public
or
private
health
agency
which
may
include
a
family
11
physician.
12
e.
Any
spontaneous
abortion,
commonly
known
as
a
13
miscarriage,
if
not
all
of
the
products
of
conception
are
14
expelled.
15
2.
The
department
shall
utilize
not
more
than
$60,000
of
16
the
funds
appropriated
in
this
section
to
continue
the
AIDS/HIV
17
health
insurance
premium
payment
program
as
established
in
1992
18
Iowa
Acts,
Second
Extraordinary
Session,
chapter
1001,
section
19
409,
subsection
6.
Of
the
funds
allocated
in
this
subsection,
20
not
more
than
$5,000
may
be
expended
for
administrative
21
purposes.
22
3.
Of
the
funds
appropriated
in
this
Act
to
the
department
23
of
public
health
for
addictive
disorders,
$950,000
for
the
24
fiscal
year
beginning
July
1,
2010,
shall
be
transferred
to
25
the
department
of
human
services
for
an
integrated
substance
26
abuse
managed
care
system.
The
department
shall
not
assume
27
management
of
the
substance
abuse
system
in
place
of
the
28
managed
care
contractor
unless
such
a
change
in
approach
is
29
specifically
authorized
in
law.
The
departments
of
human
30
services
and
public
health
shall
work
together
to
maintain
31
the
level
of
mental
health
and
substance
abuse
services
32
provided
by
the
managed
care
contractor
through
the
Iowa
plan
33
for
behavioral
health.
Each
department
shall
take
the
steps
34
necessary
to
continue
the
federal
waivers
as
necessary
to
35
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maintain
the
level
of
services.
1
4.
a.
The
department
shall
aggressively
pursue
options
for
2
providing
medical
assistance
or
other
assistance
to
individuals
3
with
special
needs
who
become
ineligible
to
continue
receiving
4
services
under
the
early
and
periodic
screening,
diagnosis,
and
5
treatment
program
under
the
medical
assistance
program
due
to
6
becoming
21
years
of
age
who
have
been
approved
for
additional
7
assistance
through
the
department’s
exception
to
policy
8
provisions,
but
who
have
health
care
needs
in
excess
of
the
9
funding
available
through
the
exception
to
policy
provisions.
10
b.
Of
the
funds
appropriated
in
this
section,
$100,000
11
shall
be
used
for
participation
in
one
or
more
pilot
projects
12
operated
by
a
private
provider
to
allow
the
individual
or
13
individuals
to
receive
service
in
the
community
in
accordance
14
with
principles
established
in
Olmstead
v.
L.C.,
527
U.S.
581
15
(1999),
for
the
purpose
of
providing
medical
assistance
or
16
other
assistance
to
individuals
with
special
needs
who
become
17
ineligible
to
continue
receiving
services
under
the
early
and
18
periodic
screening,
diagnosis,
and
treatment
program
under
19
the
medical
assistance
program
due
to
becoming
21
years
of
20
age
who
have
been
approved
for
additional
assistance
through
21
the
department’s
exception
to
policy
provisions,
but
who
have
22
health
care
needs
in
excess
of
the
funding
available
through
23
the
exception
to
the
policy
provisions.
24
5.
Of
the
funds
appropriated
in
this
section,
up
to
25
$3,050,082
may
be
transferred
to
the
field
operations
26
or
general
administration
appropriations
in
this
Act
for
27
operational
costs
associated
with
Part
D
of
the
federal
28
Medicare
Prescription
Drug
Improvement
and
Modernization
Act
29
of
2003,
Pub.
L.
No.
108-173.
30
6.
Of
the
funds
appropriated
in
this
section,
not
more
31
than
$166,600
shall
be
used
to
enhance
outreach
efforts.
The
32
department
may
transfer
funds
allocated
in
this
subsection
to
33
the
appropriations
in
this
division
of
this
Act
for
general
34
administration,
the
children’s
health
insurance
program,
or
35
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H.F.
_____
medical
contracts,
as
necessary,
to
implement
the
outreach
1
efforts.
2
7.
Of
the
funds
appropriated
in
this
section,
up
to
$442,100
3
may
be
transferred
to
the
appropriation
in
this
Act
for
medical
4
contracts
to
be
used
for
clinical
assessment
services
related
5
to
remedial
services
in
accordance
with
federal
law.
6
8.
A
portion
of
the
funds
appropriated
in
this
section
7
may
be
transferred
to
the
appropriations
in
this
division
of
8
this
Act
for
general
administration,
medical
contracts,
the
9
children’s
health
insurance
program,
or
field
operations
to
be
10
used
for
the
state
match
cost
to
comply
with
the
payment
error
11
rate
measurement
(PERM)
program
for
both
the
medical
assistance
12
and
children’s
health
insurance
programs
as
developed
by
the
13
centers
for
Medicare
and
Medicaid
services
of
the
United
States
14
department
of
health
and
human
services
to
comply
with
the
15
federal
Improper
Payments
Information
Act
of
2002,
Pub.
L.
No.
16
107-300.
17
9.
It
is
the
intent
of
the
general
assembly
that
the
18
department
continue
to
implement
the
recommendations
of
19
the
assuring
better
child
health
and
development
initiative
20
II
(ABCDII)
clinical
panel
to
the
Iowa
early
and
periodic
21
screening,
diagnostic,
and
treatment
services
healthy
mental
22
development
collaborative
board
regarding
changes
to
billing
23
procedures,
codes,
and
eligible
service
providers.
24
10.
Of
the
funds
appropriated
in
this
section,
a
sufficient
25
amount
is
allocated
to
supplement
the
incomes
of
residents
of
26
nursing
facilities,
intermediate
care
facilities
for
persons
27
with
mental
illness,
and
intermediate
care
facilities
for
28
persons
with
mental
retardation,
with
incomes
of
less
than
$50
29
in
the
amount
necessary
for
the
residents
to
receive
a
personal
30
needs
allowance
of
$50
per
month
pursuant
to
section
249A.30A.
31
11.
Of
the
funds
appropriated
in
this
section,
the
following
32
amounts
shall
be
transferred
to
the
appropriations
made
in
this
33
division
of
this
Act
for
the
state
mental
health
institutes:
34
a.
Cherokee
mental
health
institute
..........
$
9,098,425
35
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_____
H.F.
_____
b.
Clarinda
mental
health
institute
..........
$
1,977,305
1
c.
Independence
mental
health
institute
......
$
9,045,894
2
d.
Mount
Pleasant
mental
health
institute
....
$
5,752,587
3
12.
a.
Of
the
funds
appropriated
in
this
section,
4
$7,108,069
is
allocated
for
state
match
for
disproportionate
5
share
hospital
payment
of
$19,133,430
to
hospitals
that
meet
6
both
of
the
following
conditions:
7
(1)
The
hospital
qualifies
for
disproportionate
share
and
8
graduate
medical
education
payments.
9
(2)
The
hospital
is
an
Iowa
state-owned
hospital
with
more
10
than
500
beds
and
eight
or
more
distinct
residency
specialty
11
or
subspecialty
programs
recognized
by
the
American
college
of
12
graduate
medical
education.
13
b.
Distribution
of
the
disproportionate
share
payment
14
shall
be
made
on
a
monthly
basis.
The
total
amount
of
15
disproportionate
share
payments
including
graduate
medical
16
education,
enhanced
disproportionate
share,
and
Iowa
17
state-owned
teaching
hospital
payments
shall
not
exceed
the
18
amount
of
the
state’s
allotment
under
Pub.
L.
No.
102-234.
19
In
addition,
the
total
amount
of
all
disproportionate
20
share
payments
shall
not
exceed
the
hospital-specific
21
disproportionate
share
limits
under
Pub.
L.
No.
103-66.
22
13.
Of
the
funds
appropriated
in
this
section,
up
to
23
$4,601,848
may
be
transferred
to
the
IowaCare
account
created
24
in
section
249J.24.
25
14.
Of
the
funds
appropriated
in
this
section,
$200,000
26
shall
be
used
for
the
Iowa
chronic
care
consortium
pursuant
to
27
2003
Iowa
Acts,
chapter
112,
section
12,
as
amended
by
2003
28
Iowa
Acts,
chapter
179,
sections
166
and
167.
29
15.
One
hundred
percent
of
the
nonfederal
share
of
payments
30
to
area
education
agencies
that
are
medical
assistance
31
providers
for
medical
assistance-covered
services
provided
to
32
medical
assistance-covered
children,
shall
be
made
from
the
33
appropriation
made
in
this
section.
34
16.
Any
new
or
renewed
contract
entered
into
by
the
35
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_____
H.F.
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department
with
a
third
party
to
administer
behavioral
health
1
services
under
the
medical
assistance
program
shall
provide
2
that
any
interest
earned
on
payments
from
the
state
during
3
the
state
fiscal
year
shall
be
remitted
to
the
department
4
and
treated
as
recoveries
to
offset
the
costs
of
the
medical
5
assistance
program.
6
17.
The
department
shall
continue
to
implement
the
7
provisions
in
2007
Iowa
Acts,
chapter
218,
section
124
and
8
section
126,
as
amended
by
2008
Iowa
Acts,
chapter
1188,
9
section
55,
relating
to
eligibility
for
certain
persons
with
10
disabilities
under
the
medical
assistance
program
in
accordance
11
with
the
federal
family
opportunity
Act.
12
18.
A
portion
of
the
funds
appropriated
in
this
section
13
may
be
transferred
to
the
appropriation
in
this
division
of
14
this
Act
for
medical
contracts
to
be
used
for
administrative
15
activities
associated
with
the
money
follows
the
person
16
demonstration
project.
17
19.
Notwithstanding
section
8.33,
the
portion
of
the
18
funds
appropriated
in
this
section
that
is
the
result
of
the
19
application
of
the
increased
federal
medical
assistance
match
20
percentage
under
the
federal
American
Recovery
and
Reinvestment
21
Act
of
2009,
to
the
amount
the
state
pays
the
federal
22
government
as
required
under
the
federal
Medicare
Prescription
23
Drug
Improvement
and
Modernization
Act
of
2003,
known
as
24
clawback
payments,
for
the
period
October
1,
2008,
through
25
December
31,
2010,
that
remains
unobligated
or
unencumbered
at
26
the
close
of
the
fiscal
year,
shall
not
revert
to
any
fund
but
27
shall
remain
available
for
expenditure
for
the
purposes
of
the
28
medical
assistance
program
until
the
close
of
the
succeeding
29
fiscal
year.
30
20.
The
department
may
transfer
any
savings
generated
31
due
to
medical
assistance
program
cost
containment
efforts
32
initiated
pursuant
to
2010
Iowa
Acts,
Senate
File
2088,
if
33
enacted,
or
executive
order
20,
issued
December
16,
2009,
to
34
the
medical
contracts
appropriation
made
in
this
division
of
35
-29-
LSB
5091JB
(2)
83
pf/jp
29/
105
S.F.
_____
H.F.
_____
this
Act
to
defray
the
increased
contract
costs
associated
with
1
implementing
such
efforts.
2
Sec.
12.
HEALTH
INSURANCE
PREMIUM
PAYMENT
PROGRAM.
There
3
is
appropriated
from
the
general
fund
of
the
state
to
the
4
department
of
human
services
for
the
fiscal
year
beginning
July
5
1,
2010,
and
ending
June
30,
2011,
the
following
amount,
or
6
so
much
thereof
as
is
necessary,
to
be
used
for
the
purpose
7
designated:
8
For
administration
of
the
health
insurance
premium
payment
9
program,
including
salaries,
support,
maintenance,
and
10
miscellaneous
purposes,
and
for
not
more
than
the
following
11
full-time
equivalent
positions:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
457,210
13
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
17.00
14
Sec.
13.
MEDICAL
CONTRACTS.
There
is
appropriated
from
the
15
general
fund
of
the
state
to
the
department
of
human
services
16
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
17
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
18
to
be
used
for
the
purpose
designated:
19
For
medical
contracts,
including
salaries,
support,
20
maintenance,
and
miscellaneous
purposes,
and
for
not
more
than
21
the
following
full-time
equivalent
positions:
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10,413,090
23
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
6.00
24
The
department
of
inspections
and
appeals
shall
provide
all
25
state
matching
funds
for
survey
and
certification
activities
26
performed
by
the
department
of
inspections
and
appeals.
27
The
department
of
human
services
is
solely
responsible
for
28
distributing
the
federal
matching
funds
for
such
activities.
29
Sec.
14.
STATE
SUPPLEMENTARY
ASSISTANCE.
30
1.
There
is
appropriated
from
the
general
fund
of
the
31
state
to
the
department
of
human
services
for
the
fiscal
year
32
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
33
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
34
purpose
designated:
35
-30-
LSB
5091JB
(2)
83
pf/jp
30/
105
S.F.
_____
H.F.
_____
For
the
state
supplementary
assistance
program:
1
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
18,259,235
2
2.
The
department
shall
increase
the
personal
needs
3
allowance
for
residents
of
residential
care
facilities
by
the
4
same
percentage
and
at
the
same
time
as
federal
supplemental
5
security
income
and
federal
social
security
benefits
are
6
increased
due
to
a
recognized
increase
in
the
cost
of
living.
7
The
department
may
adopt
emergency
rules
to
implement
this
8
subsection.
9
3.
If
during
the
fiscal
year
beginning
July
1,
2010,
10
the
department
projects
that
state
supplementary
assistance
11
expenditures
for
a
calendar
year
will
not
meet
the
federal
12
pass-through
requirement
specified
in
Tit.
XVI
of
the
federal
13
Social
Security
Act,
section
1618,
as
codified
in
42
U.S.C.
14
§
1382g,
the
department
may
take
actions
including
but
not
15
limited
to
increasing
the
personal
needs
allowance
for
16
residential
care
facility
residents
and
making
programmatic
17
adjustments
or
upward
adjustments
of
the
residential
care
18
facility
or
in-home
health-related
care
reimbursement
rates
19
prescribed
in
this
division
of
this
Act
to
ensure
that
federal
20
requirements
are
met.
In
addition,
the
department
may
make
21
other
programmatic
and
rate
adjustments
necessary
to
remain
22
within
the
amount
appropriated
in
this
section
while
ensuring
23
compliance
with
federal
requirements.
The
department
may
adopt
24
emergency
rules
to
implement
the
provisions
of
this
subsection.
25
Sec.
15.
CHILDREN’S
HEALTH
INSURANCE
PROGRAM.
26
1.
There
is
appropriated
from
the
general
fund
of
the
27
state
to
the
department
of
human
services
for
the
fiscal
year
28
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
29
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
30
purpose
designated:
31
For
maintenance
of
the
healthy
and
well
kids
in
Iowa
(hawk-i)
32
program
pursuant
to
chapter
514I,
including
supplemental
dental
33
services,
for
receipt
of
federal
financial
participation
under
34
Tit.
XXI
of
the
federal
Social
Security
Act,
which
creates
the
35
-31-
LSB
5091JB
(2)
83
pf/jp
31/
105
S.F.
_____
H.F.
_____
children’s
health
insurance
program:
1
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
23,637,040
2
2.
Of
the
funds
appropriated
in
this
section,
$128,950
is
3
allocated
for
continuation
of
the
contract
for
advertising
and
4
outreach
with
the
department
of
public
health
and
$90,050
is
5
allocated
for
other
advertising
and
outreach.
6
3.
If
the
funds
appropriated
in
this
section
are
7
insufficient
to
cover
the
costs
of
both
full
coverage
services
8
and
supplemental
dental
services,
priority
in
expenditure
of
9
funds
shall
be
given
to
covering
the
costs
of
full
coverage
10
services.
11
Sec.
16.
CHILD
CARE
ASSISTANCE.
There
is
appropriated
12
from
the
general
fund
of
the
state
to
the
department
of
human
13
services
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
14
June
30,
2011,
the
following
amount,
or
so
much
thereof
as
is
15
necessary,
to
be
used
for
the
purpose
designated:
16
For
child
care
programs:
17
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
32,325,964
18
1.
Of
the
funds
appropriated
in
this
section,
$30,956,537
19
shall
be
used
for
state
child
care
assistance
in
accordance
20
with
section
237A.13.
It
is
the
intent
of
the
general
assembly
21
to
appropriate
sufficient
funding
for
the
state
child
care
22
assistance
program
for
the
fiscal
year
beginning
July
1,
2010,
23
in
order
to
avoid
establishment
of
waiting
list
requirements
24
by
the
department
in
the
preceding
fiscal
year
in
anticipation
25
that
enhanced
funding
under
the
federal
American
Recovery
and
26
Reinvestment
Act
of
2009
will
not
be
replaced
for
the
fiscal
27
year
beginning
July
1,
2010.
28
2.
Nothing
in
this
section
shall
be
construed
or
is
29
intended
as
or
shall
imply
a
grant
of
entitlement
for
services
30
to
persons
who
are
eligible
for
assistance
due
to
an
income
31
level
consistent
with
the
waiting
list
requirements
of
section
32
237A.13.
Any
state
obligation
to
provide
services
pursuant
to
33
this
section
is
limited
to
the
extent
of
the
funds
appropriated
34
in
this
section.
35
-32-
LSB
5091JB
(2)
83
pf/jp
32/
105
S.F.
_____
H.F.
_____
3.
Of
the
funds
appropriated
in
this
section,
$432,453
is
1
allocated
for
the
statewide
program
for
child
care
resource
2
and
referral
services
under
section
237A.26.
A
list
of
the
3
registered
and
licensed
child
care
facilities
operating
in
the
4
area
served
by
a
child
care
resource
and
referral
service
shall
5
be
made
available
to
the
families
receiving
state
child
care
6
assistance
in
that
area.
7
4.
Of
the
funds
appropriated
in
this
section,
$936,974
8
is
allocated
for
child
care
quality
improvement
initiatives
9
including
but
not
limited
to
the
voluntary
quality
rating
10
system
in
accordance
with
section
237A.30.
11
5.
The
department
may
use
any
of
the
funds
appropriated
12
in
this
section
as
a
match
to
obtain
federal
funds
for
use
in
13
expanding
child
care
assistance
and
related
programs.
For
14
the
purpose
of
expenditures
of
state
and
federal
child
care
15
funding,
funds
shall
be
considered
obligated
at
the
time
16
expenditures
are
projected
or
are
allocated
to
the
department’s
17
service
areas.
Projections
shall
be
based
on
current
and
18
projected
caseload
growth,
current
and
projected
provider
19
rates,
staffing
requirements
for
eligibility
determination
20
and
management
of
program
requirements
including
data
systems
21
management,
staffing
requirements
for
administration
of
the
22
program,
contractual
and
grant
obligations
and
any
transfers
23
to
other
state
agencies,
and
obligations
for
decategorization
24
or
innovation
projects.
25
6.
A
portion
of
the
state
match
for
the
federal
child
care
26
and
development
block
grant
shall
be
provided
as
necessary
to
27
meet
federal
matching
funds
requirements
through
the
state
28
general
fund
appropriation
made
for
child
development
grants
29
and
other
programs
for
at-risk
children
in
section
279.51.
30
7.
If
a
uniform
reduction
ordered
by
the
governor
under
31
section
8.31
or
other
operation
of
law,
transfer,
or
federal
32
funding
reduction
reduces
the
appropriation
made
in
this
33
section
for
the
fiscal
year,
the
percentage
reduction
in
the
34
amount
paid
out
to
or
on
behalf
of
the
families
participating
35
-33-
LSB
5091JB
(2)
83
pf/jp
33/
105
S.F.
_____
H.F.
_____
in
the
state
child
care
assistance
program
shall
be
equal
to
or
1
less
than
the
percentage
reduction
made
for
any
other
purpose
2
payable
from
the
appropriation
made
in
this
section
and
the
3
federal
funding
relating
to
it.
If
there
is
an
unanticipated
4
increase
in
federal
funding
provided
for
state
child
care
5
assistance,
the
entire
amount
of
the
increase
shall
be
used
for
6
state
child
care
assistance
payments.
If
the
appropriations
7
made
for
purposes
of
the
state
child
care
assistance
program
8
for
the
fiscal
year
are
determined
to
be
insufficient,
it
is
9
the
intent
of
the
general
assembly
to
appropriate
sufficient
10
funding
for
the
fiscal
year
in
order
to
avoid
establishment
of
11
waiting
list
requirements.
12
8.
Notwithstanding
section
8.33,
moneys
appropriated
in
13
this
section
or
received
from
the
federal
appropriations
made
14
for
the
purposes
of
this
section
that
remain
unencumbered
or
15
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
16
to
any
fund
but
shall
remain
available
for
expenditure
for
the
17
purposes
designated
until
the
close
of
the
succeeding
fiscal
18
year.
19
Sec.
17.
JUVENILE
INSTITUTIONS.
There
is
appropriated
20
from
the
general
fund
of
the
state
to
the
department
of
human
21
services
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
22
June
30,
2011,
the
following
amounts,
or
so
much
thereof
as
is
23
necessary,
to
be
used
for
the
purposes
designated:
24
1.
For
operation
of
the
Iowa
juvenile
home
at
Toledo
and
for
25
salaries,
support,
maintenance,
and
miscellaneous
purposes,
and
26
for
not
more
than
the
following
full-time
equivalent
positions:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,137,599
28
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
112.10
29
2.
For
operation
of
the
state
training
school
at
Eldora
and
30
for
salaries,
support,
maintenance,
and
miscellaneous
purposes,
31
and
for
not
more
than
the
following
full-time
equivalent
32
positions:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
9,451,062
34
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
188.90
35
-34-
LSB
5091JB
(2)
83
pf/jp
34/
105
S.F.
_____
H.F.
_____
3.
A
portion
of
the
moneys
appropriated
in
this
section
1
shall
be
used
by
the
state
training
school
and
by
the
Iowa
2
juvenile
home
for
grants
for
adolescent
pregnancy
prevention
3
activities
at
the
institutions
in
the
fiscal
year
beginning
4
July
1,
2010.
5
Sec.
18.
CHILD
AND
FAMILY
SERVICES.
6
1.
There
is
appropriated
from
the
general
fund
of
the
7
state
to
the
department
of
human
services
for
the
fiscal
year
8
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
9
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
10
purpose
designated:
11
For
child
and
family
services:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
79,593,023
13
2.
In
order
to
address
a
reduction
of
$5,200,000
from
the
14
amount
allocated
under
the
appropriation
made
for
the
purposes
15
of
this
section
in
prior
years
for
purposes
of
juvenile
16
delinquent
graduated
sanction
services,
up
to
$5,200,000
of
the
17
amount
of
federal
temporary
assistance
for
needy
families
block
18
grant
funding
appropriated
in
this
division
of
this
Act
for
19
child
and
family
services
shall
be
made
available
for
purposes
20
of
juvenile
delinquent
graduated
sanction
services.
21
3.
The
department
may
transfer
funds
appropriated
in
this
22
section
as
necessary
to
pay
the
nonfederal
costs
of
services
23
reimbursed
under
the
medical
assistance
program,
state
child
24
care
assistance
program,
or
the
family
investment
program
which
25
are
provided
to
children
who
would
otherwise
receive
services
26
paid
under
the
appropriation
in
this
section.
The
department
27
may
transfer
funds
appropriated
in
this
section
to
the
28
appropriations
made
in
this
division
of
this
Act
for
general
29
administration
and
for
field
operations
for
resources
necessary
30
to
implement
and
operate
the
services
funded
in
this
section.
31
4.
a.
Of
the
funds
appropriated
in
this
section,
up
to
32
$29,233,006
is
allocated
as
the
statewide
expenditure
target
33
under
section
232.143
for
group
foster
care
maintenance
and
34
services.
If
the
department
projects
that
such
expenditures
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for
the
fiscal
year
will
be
less
than
the
target
amount
1
allocated
in
this
lettered
paragraph,
the
department
may
2
reallocate
the
excess
to
provide
additional
funding
for
shelter
3
care
or
the
child
welfare
emergency
services
addressed
with
the
4
allocation
for
shelter
care.
5
b.
If
at
any
time
after
September
30,
2010,
annualization
6
of
a
service
area’s
current
expenditures
indicates
a
service
7
area
is
at
risk
of
exceeding
its
group
foster
care
expenditure
8
target
under
section
232.143
by
more
than
5
percent,
the
9
department
and
juvenile
court
services
shall
examine
all
10
group
foster
care
placements
in
that
service
area
in
order
to
11
identify
those
which
might
be
appropriate
for
termination.
12
In
addition,
any
aftercare
services
believed
to
be
needed
13
for
the
children
whose
placements
may
be
terminated
shall
be
14
identified.
The
department
and
juvenile
court
services
shall
15
initiate
action
to
set
dispositional
review
hearings
for
the
16
placements
identified.
In
such
a
dispositional
review
hearing,
17
the
juvenile
court
shall
determine
whether
needed
aftercare
18
services
are
available
and
whether
termination
of
the
placement
19
is
in
the
best
interest
of
the
child
and
the
community.
20
5.
In
accordance
with
the
provisions
of
section
232.188,
21
the
department
shall
continue
the
child
welfare
and
juvenile
22
justice
funding
initiative
during
fiscal
year
2010-2011.
Of
23
the
funds
appropriated
in
this
section,
$1,717,753
is
allocated
24
specifically
for
expenditure
for
fiscal
year
2010-2011
through
25
the
decategorization
service
funding
pools
and
governance
26
boards
established
pursuant
to
section
232.188.
27
6.
A
portion
of
the
funds
appropriated
in
this
section
28
may
be
used
for
emergency
family
assistance
to
provide
other
29
resources
required
for
a
family
participating
in
a
family
30
preservation
or
reunification
project
or
successor
project
to
31
stay
together
or
to
be
reunified.
32
7.
a.
Notwithstanding
section
234.35
or
any
other
provision
33
of
law
to
the
contrary,
state
funding
for
shelter
care
shall
be
34
limited
to
$7,894,147.
The
department
may
continue
or
amend
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shelter
care
provider
contracts
to
include
the
child
welfare
1
emergency
services
for
children
who
might
otherwise
be
served
2
in
shelter
care
that
were
implemented
pursuant
to
2008
Iowa
3
Acts,
chapter
1187,
section
16,
subsection
7.
4
b.
Of
the
amount
allocated
for
shelter
care
services,
not
5
more
than
$200,000
shall
be
used
for
the
costs
of
transporting
6
juveniles
needing
shelter
care
services
from
a
local
area
where
7
there
is
not
a
bed
available
to
a
location
in
which
a
bed
is
8
available.
In
addition,
an
appropriate
amount
may
be
used
9
for
wraparound
and
emergency
services
to
prevent
the
need
for
10
shelter
care
services,
including
such
services
for
children
11
who
have
an
immediate
need
for
shelter
care
services
but
are
12
ineligible
due
to
income,
status,
or
other
requirement.
The
13
department
shall
dispense
the
funding
in
a
manner
that
does
not
14
impinge
upon
the
availability
of
beds
for
eligible
children.
15
8.
Except
for
federal
funds
provided
by
the
federal
American
16
Recovery
and
Reinvestment
Act
of
2009,
federal
funds
received
17
by
the
state
during
the
fiscal
year
beginning
July
1,
2010,
18
as
the
result
of
the
expenditure
of
state
funds
appropriated
19
during
a
previous
state
fiscal
year
for
a
service
or
activity
20
funded
under
this
section
are
appropriated
to
the
department
21
to
be
used
as
additional
funding
for
services
and
purposes
22
provided
for
under
this
section.
Notwithstanding
section
8.33,
23
moneys
received
in
accordance
with
this
subsection
that
remain
24
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
25
shall
not
revert
to
any
fund
but
shall
remain
available
for
the
26
purposes
designated
until
the
close
of
the
succeeding
fiscal
27
year.
28
9.
Of
the
funds
appropriated
in
this
section,
at
least
29
$3,696,285
shall
be
used
for
protective
child
care
assistance.
30
10.
a.
Of
the
funds
appropriated
in
this
section,
up
to
31
$2,062,488
is
allocated
for
the
payment
of
the
expenses
of
32
court-ordered
services
provided
to
juveniles
who
are
under
the
33
supervision
of
juvenile
court
services,
which
expenses
are
a
34
charge
upon
the
state
pursuant
to
section
232.141,
subsection
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4.
Of
the
amount
allocated
in
this
lettered
paragraph,
up
to
1
$1,556,287
shall
be
made
available
to
provide
school-based
2
supervision
of
children
adjudicated
under
chapter
232,
of
which
3
not
more
than
$15,000
may
be
used
for
the
purpose
of
training.
4
A
portion
of
the
cost
of
each
school-based
liaison
officer
5
shall
be
paid
by
the
school
district
or
other
funding
source
as
6
approved
by
the
chief
juvenile
court
officer.
7
b.
Of
the
funds
appropriated
in
this
section,
up
to
$748,985
8
is
allocated
for
the
payment
of
the
expenses
of
court-ordered
9
services
provided
to
children
who
are
under
the
supervision
10
of
the
department,
which
expenses
are
a
charge
upon
the
state
11
pursuant
to
section
232.141,
subsection
4.
12
c.
Notwithstanding
section
232.141
or
any
other
provision
13
of
law
to
the
contrary,
the
amounts
allocated
in
this
14
subsection
shall
be
distributed
to
the
judicial
districts
15
as
determined
by
the
state
court
administrator
and
to
the
16
department’s
service
areas
as
determined
by
the
administrator
17
of
the
department’s
division
of
child
and
family
services.
The
18
state
court
administrator
and
the
division
administrator
shall
19
make
the
determination
of
the
distribution
amounts
on
or
before
20
June
15,
2010.
21
d.
Notwithstanding
chapter
232
or
any
other
provision
of
22
law
to
the
contrary,
a
district
or
juvenile
court
shall
not
23
order
any
service
which
is
a
charge
upon
the
state
pursuant
24
to
section
232.141
if
there
are
insufficient
court-ordered
25
services
funds
available
in
the
district
court
or
departmental
26
service
area
distribution
amounts
to
pay
for
the
service.
The
27
chief
juvenile
court
officer
and
the
departmental
service
area
28
manager
shall
encourage
use
of
the
funds
allocated
in
this
29
subsection
such
that
there
are
sufficient
funds
to
pay
for
30
all
court-related
services
during
the
entire
year.
The
chief
31
juvenile
court
officers
and
departmental
service
area
managers
32
shall
attempt
to
anticipate
potential
surpluses
and
shortfalls
33
in
the
distribution
amounts
and
shall
cooperatively
request
the
34
state
court
administrator
or
division
administrator
to
transfer
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funds
between
the
judicial
districts’
or
departmental
service
1
areas’
distribution
amounts
as
prudent.
2
e.
Notwithstanding
any
provision
of
law
to
the
contrary,
3
a
district
or
juvenile
court
shall
not
order
a
county
to
pay
4
for
any
service
provided
to
a
juvenile
pursuant
to
an
order
5
entered
under
chapter
232
which
is
a
charge
upon
the
state
6
under
section
232.141,
subsection
4.
7
f.
Of
the
funds
allocated
in
this
subsection,
not
more
than
8
$83,000
may
be
used
by
the
judicial
branch
for
administration
9
of
the
requirements
under
this
subsection.
10
g.
Of
the
funds
allocated
in
this
subsection,
$17,000
11
shall
be
used
by
the
department
of
human
services
to
support
12
the
interstate
commission
for
juveniles
in
accordance
with
13
the
interstate
compact
for
juveniles
as
provided
in
section
14
232.173,
as
enacted
by
this
Act.
15
11.
Of
the
funds
appropriated
in
this
section,
$4,522,602
is
16
allocated
for
juvenile
delinquent
graduated
sanctions
services.
17
Any
state
funds
saved
as
a
result
of
efforts
by
juvenile
court
18
services
to
earn
federal
Tit.
IV-E
match
for
juvenile
court
19
services
administration
may
be
used
for
the
juvenile
delinquent
20
graduated
sanctions
services.
21
12.
Of
the
funds
appropriated
in
this
section,
$988,285
22
shall
be
transferred
to
the
department
of
public
health
to
23
be
used
for
the
child
protection
center
grant
program
in
24
accordance
with
section
135.118.
25
13.
If
the
department
receives
federal
approval
to
26
implement
a
waiver
under
Tit.
IV-E
of
the
federal
Social
27
Security
Act
to
enable
providers
to
serve
children
who
remain
28
in
the
children’s
families
and
communities,
for
purposes
of
29
eligibility
under
the
medical
assistance
program,
children
who
30
participate
in
the
waiver
shall
be
considered
to
be
placed
in
31
foster
care.
32
14.
Of
the
funds
appropriated
in
this
section,
$2,875,281
is
33
allocated
for
the
preparation
for
adult
living
program
pursuant
34
to
section
234.46.
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15.
Of
the
funds
appropriated
in
this
section,
$520,150
1
shall
be
used
for
juvenile
drug
courts.
The
amount
allocated
2
in
this
subsection
shall
be
distributed
as
follows:
3
To
the
judicial
branch
for
salaries
to
assist
with
the
4
operation
of
juvenile
drug
court
programs
operated
in
the
5
following
jurisdictions:
6
a.
Marshall
county:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
62,708
8
b.
Woodbury
county:
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
125,682
10
c.
Polk
county:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
195,892
12
d.
The
third
judicial
district:
13
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
67,934
14
e.
The
eighth
judicial
district:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
67,934
16
16.
Of
the
funds
appropriated
in
this
section,
$227,306
17
shall
be
used
for
the
public
purpose
of
providing
a
grant
to
18
a
nonprofit
human
services
organization
providing
services
to
19
individuals
and
families
in
multiple
locations
in
southwest
20
Iowa
and
Nebraska
for
support
of
a
project
providing
immediate,
21
sensitive
support
and
forensic
interviews,
medical
exams,
needs
22
assessments,
and
referrals
for
victims
of
child
abuse
and
their
23
nonoffending
family
members.
24
17.
Of
the
funds
appropriated
in
this
section,
$125,590
25
is
allocated
for
the
elevate
approach
of
providing
a
support
26
network
to
children
placed
in
foster
care.
27
18.
Of
the
funds
appropriated
in
this
section,
$202,000
is
28
allocated
for
use
pursuant
to
section
235A.1
for
continuation
29
of
the
initiative
to
address
child
sexual
abuse
implemented
30
pursuant
to
2007
Iowa
Acts,
chapter
218,
section
18,
subsection
31
21.
32
19.
Of
the
funds
appropriated
in
this
section,
$630,240
is
33
allocated
for
the
community
partnership
for
child
protection
34
sites.
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20.
Of
the
funds
appropriated
in
this
section,
$371,250
1
is
allocated
for
the
department’s
minority
youth
and
family
2
projects
under
the
redesign
of
the
child
welfare
system.
3
21.
Of
the
funds
appropriated
in
this
section,
$300,000
4
is
allocated
for
funding
of
the
state
match
for
the
federal
5
substance
abuse
and
mental
health
services
administration
6
(SAMHSA)
system
of
care
grant.
7
Sec.
19.
ADOPTION
SUBSIDY.
8
1.
There
is
appropriated
from
the
general
fund
of
the
9
state
to
the
department
of
human
services
for
the
fiscal
year
10
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
11
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
12
purpose
designated:
13
For
adoption
subsidy
payments
and
services:
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
32,256,896
15
2.
The
department
may
transfer
funds
appropriated
in
this
16
section
to
the
appropriation
made
in
this
Act
for
general
17
administration
for
costs
paid
from
the
appropriation
relating
18
to
adoption
subsidy.
19
3.
Except
for
federal
funds
provided
by
the
federal
American
20
Recovery
and
Reinvestment
Act
of
2009,
federal
funds
received
21
by
the
state
during
the
fiscal
year
beginning
July
1,
2010,
as
22
the
result
of
the
expenditure
of
state
funds
during
a
previous
23
state
fiscal
year
for
a
service
or
activity
funded
under
this
24
section
are
appropriated
to
the
department
to
be
used
as
25
additional
funding
for
the
services
and
activities
funded
under
26
this
section.
Notwithstanding
section
8.33,
moneys
received
27
in
accordance
with
this
subsection
that
remain
unencumbered
or
28
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
29
to
any
fund
but
shall
remain
available
for
expenditure
for
the
30
purposes
designated
until
the
close
of
the
succeeding
fiscal
31
year.
32
Sec.
20.
JUVENILE
DETENTION
HOME
FUND.
Moneys
deposited
33
in
the
juvenile
detention
home
fund
created
in
section
232.142
34
during
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
35
-41-
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5091JB
(2)
83
pf/jp
41/
105
S.F.
_____
H.F.
_____
30,
2011,
are
appropriated
to
the
department
of
human
services
1
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2
2011,
for
distribution
of
an
amount
equal
to
a
percentage
of
3
the
costs
of
the
establishment,
improvement,
operation,
and
4
maintenance
of
county
or
multicounty
juvenile
detention
homes
5
in
the
fiscal
year
beginning
July
1,
2009.
Moneys
appropriated
6
for
distribution
in
accordance
with
this
section
shall
be
7
allocated
among
eligible
detention
homes,
prorated
on
the
basis
8
of
an
eligible
detention
home’s
proportion
of
the
costs
of
all
9
eligible
detention
homes
in
the
fiscal
year
beginning
July
10
1,
2009.
The
percentage
figure
shall
be
determined
by
the
11
department
based
on
the
amount
available
for
distribution
for
12
the
fund.
Notwithstanding
section
232.142,
subsection
3,
the
13
financial
aid
payable
by
the
state
under
that
provision
for
the
14
fiscal
year
beginning
July
1,
2010,
shall
be
limited
to
the
15
amount
appropriated
for
the
purposes
of
this
section.
16
Sec.
21.
FAMILY
SUPPORT
SUBSIDY
PROGRAM.
17
1.
There
is
appropriated
from
the
general
fund
of
the
18
state
to
the
department
of
human
services
for
the
fiscal
year
19
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
20
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
21
purpose
designated:
22
For
the
family
support
subsidy
program:
23
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,167,998
24
2.
The
department
shall
use
at
least
$289,444
of
the
moneys
25
appropriated
in
this
section
for
the
family
support
center
26
component
of
the
comprehensive
family
support
program
under
27
section
225C.47.
Not
more
than
$25,000
of
the
amount
allocated
28
in
this
subsection
shall
be
used
for
administrative
costs.
29
3.
If
at
any
time
during
the
fiscal
year,
the
amount
of
30
funding
available
for
the
family
support
subsidy
program
31
is
reduced
from
the
amount
initially
used
to
establish
the
32
figure
for
the
number
of
family
members
for
whom
a
subsidy
33
is
to
be
provided
at
any
one
time
during
the
fiscal
year,
34
notwithstanding
section
225C.38,
subsection
2,
the
department
35
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5091JB
(2)
83
pf/jp
42/
105
S.F.
_____
H.F.
_____
shall
revise
the
figure
as
necessary
to
conform
to
the
amount
1
of
funding
available.
2
Sec.
22.
CONNER
DECREE.
There
is
appropriated
from
the
3
general
fund
of
the
state
to
the
department
of
human
services
4
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
5
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
6
to
be
used
for
the
purpose
designated:
7
For
building
community
capacity
through
the
coordination
8
and
provision
of
training
opportunities
in
accordance
with
the
9
consent
decree
of
Conner
v.
Branstad,
No.
4-86-CV-30871(S.D.
10
Iowa,
July
14,
1994):
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
33,622
12
Sec.
23.
MENTAL
HEALTH
INSTITUTES.
13
1.
There
is
appropriated
from
the
general
fund
of
the
14
state
to
the
department
of
human
services
for
the
fiscal
year
15
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
16
amounts,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
17
purposes
designated:
18
a.
For
the
state
mental
health
institute
at
Cherokee
for
19
salaries,
support,
maintenance,
and
miscellaneous
purposes,
and
20
for
not
more
than
the
following
full-time
equivalent
positions:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
4,796,979
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
202.66
23
b.
For
the
state
mental
health
institute
at
Clarinda
for
24
salaries,
support,
maintenance,
and
miscellaneous
purposes,
and
25
for
not
more
than
the
following
full-time
equivalent
positions:
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,554,698
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
106.73
28
c.
For
the
state
mental
health
institute
at
Independence
for
29
salaries,
support,
maintenance,
and
miscellaneous
purposes,
and
30
for
not
more
than
the
following
full-time
equivalent
positions:
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,425,653
32
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
265.47
33
d.
For
the
state
mental
health
institute
at
Mount
Pleasant
34
for
salaries,
support,
maintenance,
and
miscellaneous
purposes,
35
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5091JB
(2)
83
pf/jp
43/
105
S.F.
_____
H.F.
_____
and
for
not
more
than
the
following
full-time
equivalent
1
positions:
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,563,175
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
111.64
4
2.
The
department,
as
part
of
efforts
to
develop
and
5
implement
the
comprehensive
mental
health
and
disability
6
services
plan
as
provided
in
section
225C.6B,
shall
review
7
services
provided
by
or
offered
at
the
state
mental
health
8
institutes
and
may
modify
such
services
to
further
the
plan
and
9
provide
cost-effective
and
necessary
services.
10
Sec.
24.
STATE
RESOURCE
CENTERS.
11
1.
There
is
appropriated
from
the
general
fund
of
the
12
state
to
the
department
of
human
services
for
the
fiscal
year
13
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
14
amounts,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
15
purposes
designated:
16
a.
For
the
state
resource
center
at
Glenwood
for
salaries,
17
support,
maintenance,
and
miscellaneous
purposes:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
14,982,839
19
b.
For
the
state
resource
center
at
Woodward
for
salaries,
20
support,
maintenance,
and
miscellaneous
purposes:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
9,312,271
22
2.
The
department
may
continue
to
bill
for
state
resource
23
center
services
utilizing
a
scope
of
services
approach
used
for
24
private
providers
of
ICFMR
services,
in
a
manner
which
does
not
25
shift
costs
between
the
medical
assistance
program,
counties,
26
or
other
sources
of
funding
for
the
state
resource
centers.
27
3.
The
state
resource
centers
may
expand
the
time-limited
28
assessment
and
respite
services
during
the
fiscal
year.
29
4.
If
the
department’s
administration
and
the
department
30
of
management
concur
with
a
finding
by
a
state
resource
31
center’s
superintendent
that
projected
revenues
can
reasonably
32
be
expected
to
pay
the
salary
and
support
costs
for
a
new
33
employee
position,
or
that
such
costs
for
adding
a
particular
34
number
of
new
positions
for
the
fiscal
year
would
be
less
35
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(2)
83
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44/
105
S.F.
_____
H.F.
_____
than
the
overtime
costs
if
new
positions
would
not
be
added,
1
the
superintendent
may
add
the
new
position
or
positions.
If
2
the
vacant
positions
available
to
a
resource
center
do
not
3
include
the
position
classification
desired
to
be
filled,
the
4
state
resource
center’s
superintendent
may
reclassify
any
5
vacant
position
as
necessary
to
fill
the
desired
position.
The
6
superintendents
of
the
state
resource
centers
may,
by
mutual
7
agreement,
pool
vacant
positions
and
position
classifications
8
during
the
course
of
the
fiscal
year
in
order
to
assist
one
9
another
in
filling
necessary
positions.
10
5.
If
existing
capacity
limitations
are
reached
in
11
operating
units,
a
waiting
list
is
in
effect
for
a
service
or
12
a
special
need
for
which
a
payment
source
or
other
funding
13
is
available
for
the
service
or
to
address
the
special
need,
14
and
facilities
for
the
service
or
to
address
the
special
need
15
can
be
provided
within
the
available
payment
source
or
other
16
funding,
the
superintendent
of
a
state
resource
center
may
17
authorize
opening
not
more
than
two
units
or
other
facilities
18
and
begin
implementing
the
service
or
addressing
the
special
19
need
during
fiscal
year
2010-2011.
20
Sec.
25.
MI/MR/DD
STATE
CASES.
21
1.
There
is
appropriated
from
the
general
fund
of
the
22
state
to
the
department
of
human
services
for
the
fiscal
year
23
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
24
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
25
purpose
designated:
26
For
distribution
to
counties
for
state
case
services
27
for
persons
with
mental
illness,
mental
retardation,
and
28
developmental
disabilities
in
accordance
with
section
331.440:
29
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10,295,207
30
2.
For
the
fiscal
year
beginning
July
1,
2010,
and
ending
31
June
30,
2011,
$200,000
is
allocated
for
state
case
services
32
from
the
amounts
appropriated
from
the
fund
created
in
section
33
8.41
to
the
department
of
human
services
from
the
funds
34
received
from
the
federal
government
under
42
U.S.C.
ch.
6A,
35
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105
S.F.
_____
H.F.
_____
subch.
XVII,
relating
to
the
community
mental
health
center
1
block
grant,
for
the
federal
fiscal
years
beginning
October
2
1,
2008,
and
ending
September
30,
2009,
beginning
October
1,
3
2009,
and
ending
September
30,
2010,
and
beginning
October
1,
4
2010,
and
ending
September
30,
2011.
The
allocation
made
in
5
this
subsection
shall
be
made
prior
to
any
other
distribution
6
allocation
of
the
appropriated
federal
funds.
7
3.
Notwithstanding
section
8.33,
moneys
appropriated
in
8
this
section
that
remain
unencumbered
or
unobligated
at
the
9
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
10
available
for
expenditure
for
the
purposes
designated
until
the
11
close
of
the
succeeding
fiscal
year.
12
Sec.
26.
MENTAL
HEALTH
AND
DEVELOPMENTAL
DISABILITIES
——
13
COMMUNITY
SERVICES
FUND.
There
is
appropriated
from
14
the
general
fund
of
the
state
to
the
mental
health
and
15
developmental
disabilities
community
services
fund
created
in
16
section
225C.7
for
the
fiscal
year
beginning
July
1,
2010,
and
17
ending
June
30,
2011,
the
following
amount,
or
so
much
thereof
18
as
is
necessary,
to
be
used
for
the
purpose
designated:
19
For
mental
health
and
developmental
disabilities
community
20
services
in
accordance
with
this
division
of
this
Act:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
14,211,100
22
1.
Of
the
funds
appropriated
in
this
section,
$14,187,556
23
shall
be
allocated
to
counties
for
funding
of
community-based
24
mental
health
and
developmental
disabilities
services.
The
25
moneys
shall
be
allocated
to
a
county
as
follows:
26
a.
Fifty
percent
based
upon
the
county’s
proportion
of
the
27
state’s
population
of
persons
with
an
annual
income
which
is
28
equal
to
or
less
than
the
poverty
guideline
established
by
the
29
federal
office
of
management
and
budget.
30
b.
Fifty
percent
based
upon
the
county’s
proportion
of
the
31
state’s
general
population.
32
2.
a.
A
county
shall
utilize
the
funding
the
county
33
receives
pursuant
to
subsection
1
for
services
provided
to
34
persons
with
a
disability,
as
defined
in
section
225C.2.
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_____
However,
no
more
than
50
percent
of
the
funding
shall
be
used
1
for
services
provided
to
any
one
of
the
service
populations.
2
b.
A
county
shall
use
at
least
50
percent
of
the
funding
the
3
county
receives
under
subsection
1
for
contemporary
services
4
provided
to
persons
with
a
disability,
as
described
in
rules
5
adopted
by
the
department.
6
3.
Of
the
funds
appropriated
in
this
section,
$23,544
7
shall
be
used
to
support
the
Iowa
compass
program
providing
8
computerized
information
and
referral
services
for
Iowans
with
9
disabilities
and
their
families.
10
4.
a.
Funding
appropriated
for
purposes
of
the
federal
11
social
services
block
grant
is
allocated
for
distribution
12
to
counties
for
local
purchase
of
services
for
persons
with
13
mental
illness
or
mental
retardation
or
other
developmental
14
disability.
15
b.
The
funds
allocated
in
this
subsection
shall
be
expended
16
by
counties
in
accordance
with
the
county’s
county
management
17
plan
approved
by
the
board
of
supervisors.
A
county
without
18
an
approved
county
management
plan
shall
not
receive
allocated
19
funds
until
the
county’s
management
plan
is
approved.
20
c.
The
funds
provided
by
this
subsection
shall
be
allocated
21
to
each
county
as
follows:
22
(1)
Fifty
percent
based
upon
the
county’s
proportion
of
the
23
state’s
population
of
persons
with
an
annual
income
which
is
24
equal
to
or
less
than
the
poverty
guideline
established
by
the
25
federal
office
of
management
and
budget.
26
(2)
Fifty
percent
based
upon
the
amount
provided
to
the
27
county
for
local
purchase
of
services
in
the
preceding
fiscal
28
year.
29
5.
A
county
is
eligible
for
funds
under
this
section
if
the
30
county
qualifies
for
a
state
payment
as
described
in
section
31
331.439.
32
6.
The
most
recent
population
estimates
issued
by
the
United
33
States
bureau
of
the
census
shall
be
applied
for
the
population
34
factors
utilized
in
this
section.
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_____
H.F.
_____
Sec.
27.
SEXUALLY
VIOLENT
PREDATORS.
1
1.
There
is
appropriated
from
the
general
fund
of
the
2
state
to
the
department
of
human
services
for
the
fiscal
year
3
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
4
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
5
purpose
designated:
6
For
costs
associated
with
the
commitment
and
treatment
of
7
sexually
violent
predators
in
the
unit
located
at
the
state
8
mental
health
institute
at
Cherokee,
including
costs
of
legal
9
services
and
other
associated
costs,
including
salaries,
10
support,
maintenance,
and
miscellaneous
purposes,
and
for
not
11
more
than
the
following
full-time
equivalent
positions:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,632,660
13
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
75.14
14
2.
Unless
specifically
prohibited
by
law,
if
the
amount
15
charged
provides
for
recoupment
of
at
least
the
entire
amount
16
of
direct
and
indirect
costs,
the
department
of
human
services
17
may
contract
with
other
states
to
provide
care
and
treatment
18
of
persons
placed
by
the
other
states
at
the
unit
for
sexually
19
violent
predators
at
Cherokee.
The
moneys
received
under
20
such
a
contract
shall
be
considered
to
be
repayment
receipts
21
and
used
for
the
purposes
of
the
appropriation
made
in
this
22
section.
23
Sec.
28.
FIELD
OPERATIONS.
There
is
appropriated
from
the
24
general
fund
of
the
state
to
the
department
of
human
services
25
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
26
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
27
to
be
used
for
the
purposes
designated:
28
For
field
operations,
including
salaries,
support,
29
maintenance,
and
miscellaneous
purposes,
and
for
not
more
than
30
the
following
full-time
equivalent
positions:
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
54,784,129
32
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
2,772.60
33
Priority
in
filling
full-time
equivalent
positions
shall
be
34
given
to
those
positions
related
to
child
protection
services
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H.F.
_____
and
eligibility
determination
for
low-income
families.
1
Sec.
29.
GENERAL
ADMINISTRATION.
There
is
appropriated
2
from
the
general
fund
of
the
state
to
the
department
of
human
3
services
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
4
June
30,
2011,
the
following
amount,
or
so
much
thereof
as
is
5
necessary,
to
be
used
for
the
purpose
designated:
6
For
general
administration,
including
salaries,
support,
7
maintenance,
and
miscellaneous
purposes,
and
for
not
more
than
8
the
following
full-time
equivalent
positions:
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
14,227,271
10
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
363.00
11
1.
Of
the
funds
appropriated
in
this
section,
$43,700
12
allocated
for
the
prevention
of
disabilities
policy
council
13
established
in
section
225B.3.
14
2.
The
department
shall
report
at
least
monthly
to
the
15
legislative
services
agency
concerning
the
department’s
16
operational
and
program
expenditures.
17
Sec.
30.
CHILDREN’S
MENTAL
HEALTH
AND
CHILD
WELFARE
18
SERVICES.
19
1.
It
is
the
intent
of
the
general
assembly
to
improve
20
coordination
and
integration
of
mental
health
services
and
21
outcomes
for
children,
as
well
as
alignment
of
the
services
22
and
outcomes
with
the
child
welfare
system.
The
department
23
of
human
services,
in
collaboration
with
providers,
shall
24
develop
a
plan
for
transitioning
administration
of
the
remedial
25
services
program
from
fee-for-service
approach
to
the
Iowa
26
plan,
behavioral
health
managed
care
plan.
The
transition
27
plan
shall
address
specific
strategies
for
improving
service
28
coordination
for
children
and
adults;
establish
vendor
29
performance
standards;
provide
a
process
for
ongoing
monitoring
30
of
quality
of
care,
performance,
and
quality
improvement
31
technical
assistance
for
providers;
identify
methods
and
32
standards
for
credentialing
remedial
providers;
and
provide
33
implementation
timeframes.
34
2.
The
department
shall
establish
a
transition
committee
35
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H.F.
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that
includes
representatives
from
departmental
staff
for
1
Medicaid,
child
welfare,
field,
and
mental
health
services,
2
the
director
of
the
Iowa
plan,
the
executive
director
of
an
3
organization
representing
the
majority
of
remedial
services
4
providers,
and
three
remedial
services
providers
designated
5
by
the
executive
director
of
the
provider
organization.
The
6
committee
shall
develop
the
plan
and
manage
the
transition,
7
if
the
plan
is
implemented.
The
plan
shall
be
developed
8
by
December
31,
2010.
The
department
may
proceed
with
9
implementing
the
plan
over
the
six
month
period
following
10
December
31,
2010,
if
the
department
determines
that
the
plan
11
meets
the
legislative
intent
identified
in
subsection
1.
12
Sec.
31.
VOLUNTEERS.
There
is
appropriated
from
the
general
13
fund
of
the
state
to
the
department
of
human
services
for
the
14
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
15
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
16
used
for
the
purpose
designated:
17
For
development
and
coordination
of
volunteer
services:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
84,660
19
Sec.
32.
MEDICAL
ASSISTANCE,
STATE
SUPPLEMENTARY
20
ASSISTANCE,
AND
SOCIAL
SERVICE
PROVIDERS
REIMBURSED
UNDER
THE
21
DEPARTMENT
OF
HUMAN
SERVICES.
22
1.
a.
(1)
For
the
fiscal
year
beginning
July
1,
2010,
23
the
total
state
funding
amount
for
the
nursing
facility
budget
24
shall
not
exceed
$153,126,081.
25
(2)
The
department,
in
cooperation
with
nursing
facility
26
representatives,
shall
review
projections
for
state
funding
27
expenditures
for
reimbursement
of
nursing
facilities
on
a
28
quarterly
basis
and
the
department
shall
determine
if
an
29
adjustment
to
the
medical
assistance
reimbursement
rate
is
30
necessary
in
order
to
provide
reimbursement
within
the
state
31
funding
amount.
Any
temporary
enhanced
federal
financial
32
participation
that
may
become
available
to
the
Iowa
medical
33
assistance
program
during
the
fiscal
year
shall
not
be
used
34
in
projecting
the
nursing
facility
budget.
Notwithstanding
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H.F.
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2001
Iowa
Acts,
chapter
192,
section
4,
subsection
2,
paragraph
1
“c”,
and
subsection
3,
paragraph
“a”,
subparagraph
(2),
2
if
the
state
funding
expenditures
for
the
nursing
facility
3
budget
for
the
fiscal
year
beginning
July
1,
2010,
are
4
projected
to
exceed
the
amount
specified
in
subparagraph
(1),
5
the
department
shall
adjust
the
reimbursement
for
nursing
6
facilities
reimbursed
under
the
case-mix
reimbursement
system
7
to
maintain
expenditures
of
the
nursing
facility
budget
8
within
the
specified
amount.
The
department
shall
revise
such
9
reimbursement
as
necessary
to
adjust
the
annual
accountability
10
measures
payment
in
accordance
with
2001
Iowa
Acts,
chapter
11
192,
section
4,
subsection
4,
as
amended
by
2008
Iowa
Acts,
12
chapter
1187,
section
33,
and
as
amended
by
2009
Iowa
Acts,
13
chapter
182,
section
33,
to
implement
a
pay-for-performance
14
payment.
15
(3)
For
the
fiscal
year
beginning
July
1,
2010,
special
16
population
nursing
facilities
shall
be
reimbursed
at
the
rates
17
in
effect
on
November
30,
2009.
18
b.
For
the
fiscal
year
beginning
July
1,
2010,
the
19
department
shall
reimburse
pharmacy
dispensing
fees
using
a
20
single
rate
of
$4.34
per
prescription
or
the
pharmacy’s
usual
21
and
customary
fee,
whichever
is
lower.
22
c.
(1)
For
the
fiscal
year
beginning
July
1,
2010,
23
reimbursement
rates
for
outpatient
hospital
services
shall
24
remain
at
the
rates
in
effect
on
June
30,
2010.
25
(2)
For
the
fiscal
year
beginning
July
1,
2010,
26
reimbursement
rates
for
inpatient
hospital
services
shall
27
remain
at
the
rates
in
effect
on
June
30,
2010.
The
Iowa
28
hospital
association
shall
submit
information
to
the
general
29
assembly’s
standing
committees
on
government
oversight
during
30
the
2011
session
of
the
general
assembly
regarding
actions
31
taken
to
increase
compensation
and
other
costs
of
employment
32
for
hospital
staff
who
provide
direct
care
to
patients.
33
(3)
For
the
fiscal
year
beginning
July
1,
2010,
the
graduate
34
medical
education
and
disproportionate
share
hospital
fund
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H.F.
_____
shall
remain
at
the
amount
in
effect
on
June
30,
2010.
1
(4)
In
order
to
ensure
the
efficient
use
of
limited
state
2
funds
in
procuring
health
care
services
for
low-income
Iowans,
3
funds
appropriated
in
this
Act
for
hospital
services
shall
4
not
be
used
for
activities
which
would
be
excluded
from
a
5
determination
of
reasonable
costs
under
the
federal
Medicare
6
program
pursuant
to
42
U.S.C.
§
1395X(v)(1)(N).
7
d.
For
the
fiscal
year
beginning
July
1,
2010,
reimbursement
8
rates
for
rural
health
clinics,
hospices,
independent
9
laboratories,
rehabilitation
agencies,
and
acute
mental
10
hospitals
shall
be
increased
in
accordance
with
increases
under
11
the
federal
Medicare
program
or
as
supported
by
their
Medicare
12
audited
costs.
13
e.
For
the
fiscal
year
beginning
July
1,
2010,
reimbursement
14
rates
for
home
health
agencies
shall
remain
at
the
rates
in
15
effect
on
June
30,
2010,
not
to
exceed
a
home
health
agency’s
16
actual
allowable
cost.
17
f.
For
the
fiscal
year
beginning
July
1,
2010,
federally
18
qualified
health
centers
shall
receive
cost-based
reimbursement
19
for
100
percent
of
the
reasonable
costs
for
the
provision
of
20
services
to
recipients
of
medical
assistance.
21
g.
For
the
fiscal
year
beginning
July
1,
2010,
the
22
reimbursement
rates
for
dental
services
shall
remain
at
the
23
rates
in
effect
on
June
30,
2010.
24
h.
For
the
fiscal
year
beginning
July
1,
2010,
state-owned
25
psychiatric
medical
institutions
for
children
shall
receive
26
cost-based
reimbursement
for
100
percent
of
the
actual
and
27
allowable
costs
for
the
provision
of
services
to
recipients
of
28
medical
assistance.
For
nonstate-owned
psychiatric
medical
29
institutions
for
children,
reimbursement
shall
be
determined
in
30
accordance
with
section
249A.31.
31
i.
For
the
fiscal
year
beginning
July
1,
2010,
unless
32
otherwise
specified
in
this
Act,
all
noninstitutional
medical
33
assistance
provider
reimbursement
rates
shall
remain
at
the
34
rates
in
effect
on
June
30,
2010,
except
for
area
education
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agencies,
local
education
agencies,
infant
and
toddler
services
1
providers,
targeted
case
management,
and
those
providers
2
whose
rates
are
required
to
be
determined
pursuant
to
section
3
249A.20.
4
j.
Notwithstanding
any
provision
to
the
contrary,
for
the
5
fiscal
year
beginning
July
1,
2010,
the
reimbursement
rate
for
6
anesthesiologists
shall
remain
at
the
rate
in
effect
on
June
7
30,
2010.
8
k.
Notwithstanding
section
249A.20,
for
the
fiscal
year
9
beginning
July
1,
2010,
the
average
reimbursement
rate
for
10
health
care
providers
eligible
for
use
of
the
federal
Medicare
11
resource-based
relative
value
scale
reimbursement
methodology
12
under
that
section
shall
remain
at
the
rate
in
effect
on
June
13
30,
2010;
however,
this
rate
shall
not
exceed
the
maximum
level
14
authorized
by
the
federal
government.
15
l.
For
the
fiscal
year
beginning
July
1,
2010,
the
16
reimbursement
rate
for
residential
care
facilities
shall
not
17
be
less
than
the
minimum
payment
level
as
established
by
the
18
federal
government
to
meet
the
federally
mandated
maintenance
19
of
effort
requirement.
The
flat
reimbursement
rate
for
20
facilities
electing
not
to
file
semiannual
cost
reports
shall
21
not
be
less
than
the
minimum
payment
level
as
established
22
by
the
federal
government
to
meet
the
federally
mandated
23
maintenance
of
effort
requirement.
24
m.
For
the
fiscal
year
beginning
July
1,
2010,
inpatient
25
mental
health
services
provided
at
hospitals
shall
remain
at
26
the
rates
in
effect
on
June
30,
2010,
subject
to
Medicaid
27
program
upper
payment
limit
rules;
community
mental
health
28
centers
and
providers
of
mental
health
services
to
county
29
residents
pursuant
to
a
waiver
approved
under
section
225C.7,
30
subsection
3,
shall
be
reimbursed
at
100
percent
of
the
31
reasonable
costs
for
the
provision
of
services
to
recipients
of
32
medical
assistance;
and
psychiatrists
shall
be
reimbursed
at
33
the
medical
assistance
program
fee
for
service
rate.
34
n.
For
the
fiscal
year
beginning
July
1,
2010,
the
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reimbursement
rate
for
consumer-directed
attendant
care
shall
1
remain
at
the
rates
in
effect
on
June
30,
2010.
2
o.
For
the
fiscal
year
beginning
July
1,
2010,
the
3
reimbursement
rate
for
providers
of
family
planning
services
4
that
are
eligible
to
receive
a
90
percent
federal
match
shall
5
remain
at
the
rates
in
effect
on
January
31,
2010.
6
p.
Unless
otherwise
provided
in
this
section,
the
7
department
shall
continue
the
reduction
in
payments
to
medical
8
assistance
program
providers
for
the
fiscal
year
beginning
9
July
1,
2010,
and
ending
June
30,
2011,
in
the
percentage
10
amount
applicable
to
the
respective
provider
as
specified
under
11
Executive
Order
19.
12
2.
For
the
fiscal
year
beginning
July
1,
2010,
the
13
reimbursement
rate
for
providers
reimbursed
under
the
14
in-home-related
care
program
shall
not
be
less
than
the
minimum
15
payment
level
as
established
by
the
federal
government
to
meet
16
the
federally
mandated
maintenance
of
effort
requirement.
17
3.
Unless
otherwise
directed
in
this
section,
when
the
18
department’s
reimbursement
methodology
for
any
provider
19
reimbursed
in
accordance
with
this
section
includes
an
20
inflation
factor,
this
factor
shall
not
exceed
the
amount
21
by
which
the
consumer
price
index
for
all
urban
consumers
22
increased
during
the
calendar
year
ending
December
31,
2002.
23
4.
For
the
fiscal
year
beginning
July
1,
2010,
24
notwithstanding
section
234.38,
the
foster
family
basic
daily
25
maintenance
rate,
the
maximum
adoption
subsidy
rate,
and
the
26
maximum
supervised
apartment
living
foster
care
rate,
and
the
27
preparation
for
adult
living
program
maintenance
rate
for
28
children
ages
0
through
5
years
shall
be
$15.54,
the
rate
for
29
children
ages
6
through
11
years
shall
be
$16.16,
the
rate
for
30
children
ages
12
through
15
years
shall
be
$17.69,
and
the
31
rate
for
children
and
young
adults
ages
16
and
older
shall
be
32
$18.87.
33
5.
For
the
fiscal
year
beginning
July
1,
2010,
the
maximum
34
reimbursement
rates
for
social
services
providers
reimbursed
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under
a
purchase
of
social
services
contract
shall
remain
at
1
the
rates
in
effect
on
June
30,
2010,
or
the
provider’s
actual
2
and
allowable
cost
plus
inflation
for
each
service,
whichever
3
is
less.
However,
the
rates
may
be
adjusted
under
any
of
the
4
following
circumstances:
5
a.
If
a
new
service
was
added
after
June
30,
2010,
the
6
initial
reimbursement
rate
for
the
service
shall
be
based
upon
7
actual
and
allowable
costs.
8
b.
If
a
social
service
provider
loses
a
source
of
income
9
used
to
determine
the
reimbursement
rate
for
the
provider,
10
the
provider’s
reimbursement
rate
may
be
adjusted
to
reflect
11
the
loss
of
income,
provided
that
the
lost
income
was
used
to
12
support
actual
and
allowable
costs
of
a
service
purchased
under
13
a
purchase
of
service
contract.
14
6.
For
the
fiscal
year
beginning
July
1,
2010,
the
15
reimbursement
rates
for
family-centered
service
providers,
16
family
foster
care
service
providers,
group
foster
care
service
17
providers,
and
the
resource
family
recruitment
and
retention
18
contractor
shall
remain
at
the
rates
in
effect
on
June
30,
19
2010.
20
7.
The
group
foster
care
reimbursement
rates
paid
for
21
placement
of
children
out
of
state
shall
be
calculated
22
according
to
the
same
rate-setting
principles
as
those
used
for
23
in-state
providers,
unless
the
director
of
human
services
or
24
the
director’s
designee
determines
that
appropriate
care
cannot
25
be
provided
within
the
state.
The
payment
of
the
daily
rate
26
shall
be
based
on
the
number
of
days
in
the
calendar
month
in
27
which
service
is
provided.
28
8.
For
the
fiscal
year
beginning
July
1,
2010,
remedial
29
service
providers
shall
receive
the
same
level
of
reimbursement
30
under
the
same
methodology
in
effect
on
June
30,
2010.
31
9.
a.
For
the
fiscal
year
beginning
July
1,
2010,
32
the
combined
service
and
maintenance
components
of
the
33
reimbursement
rate
paid
for
shelter
care
services
and
34
alternative
child
welfare
emergency
services
purchased
under
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a
contract
shall
be
based
on
the
financial
and
statistical
1
report
submitted
to
the
department.
The
maximum
reimbursement
2
rate
shall
be
$92.36
per
day.
The
department
shall
reimburse
3
a
shelter
care
provider
at
the
provider’s
actual
and
4
allowable
unit
cost,
plus
inflation,
not
to
exceed
the
maximum
5
reimbursement
rate.
6
b.
Notwithstanding
section
232.141,
subsection
8,
for
the
7
fiscal
year
beginning
July
1,
2010,
the
amount
of
the
statewide
8
average
of
the
actual
and
allowable
rates
for
reimbursement
of
9
juvenile
shelter
care
homes
that
is
utilized
for
the
limitation
10
on
recovery
of
unpaid
costs
shall
remain
at
the
amount
in
11
effect
for
this
purpose
in
the
preceding
fiscal
year.
12
10.
For
the
fiscal
year
beginning
July
1,
2010,
the
13
department
shall
calculate
reimbursement
rates
for
intermediate
14
care
facilities
for
persons
with
mental
retardation
at
the
15
80th
percentile.
Beginning
July
1,
2010,
the
rate
calculation
16
methodology
shall
utilize
the
consumer
price
index
inflation
17
factor
applicable
to
the
fiscal
year
beginning
July
1,
2010.
18
11.
For
the
fiscal
year
beginning
July
1,
2010,
for
child
19
care
providers
reimbursed
under
the
state
child
care
assistance
20
program,
the
department
shall
set
provider
reimbursement
21
rates
based
on
the
rate
reimbursement
survey
completed
in
22
December
2004.
Effective
July
1,
2010,
the
child
care
provider
23
reimbursement
rates
shall
remain
at
the
rates
in
effect
on
June
24
30,
2010.
The
department
shall
set
rates
in
a
manner
so
as
25
to
provide
incentives
for
a
nonregistered
provider
to
become
26
registered
by
applying
the
increase
only
to
registered
and
27
licensed
providers.
28
12.
For
the
fiscal
year
beginning
July
1,
2010,
29
reimbursements
for
providers
reimbursed
by
the
department
of
30
human
services
may
be
modified
if
appropriated
funding
is
31
allocated
for
that
purpose
from
the
senior
living
trust
fund
32
created
in
section
249H.4.
33
13.
The
department
may
adopt
emergency
rules
to
implement
34
this
section.
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Sec.
33.
EMERGENCY
RULES.
1
1.
If
specifically
authorized
by
a
provision
of
this
2
division
of
this
Act,
the
department
of
human
services
or
the
3
mental
health,
mental
retardation,
developmental
disabilities,
4
and
brain
injury
commission
may
adopt
administrative
rules
5
under
section
17A.4,
subsection
3,
and
section
17A.5,
6
subsection
2,
paragraph
“b”,
to
implement
the
provisions
and
7
the
rules
shall
become
effective
immediately
upon
filing
or
8
on
a
later
effective
date
specified
in
the
rules,
unless
the
9
effective
date
is
delayed
by
the
administrative
rules
review
10
committee.
Any
rules
adopted
in
accordance
with
this
section
11
shall
not
take
effect
before
the
rules
are
reviewed
by
the
12
administrative
rules
review
committee.
The
delay
authority
13
provided
to
the
administrative
rules
review
committee
under
14
section
17A.4,
subsection
7,
and
section
17A.8,
subsection
9,
15
shall
be
applicable
to
a
delay
imposed
under
this
section,
16
notwithstanding
a
provision
in
those
sections
making
them
17
inapplicable
to
section
17A.5,
subsection
2,
paragraph
“b”.
18
Any
rules
adopted
in
accordance
with
the
provisions
of
this
19
section
shall
also
be
published
as
notice
of
intended
action
20
as
provided
in
section
17A.4.
21
2.
If
during
the
fiscal
year
beginning
July
1,
2010,
the
22
department
of
human
services
is
adopting
rules
in
accordance
23
with
this
section
or
as
otherwise
directed
or
authorized
by
24
state
law,
and
the
rules
will
result
in
an
expenditure
increase
25
beyond
the
amount
anticipated
in
the
budget
process
or
if
the
26
expenditure
was
not
addressed
in
the
budget
process
for
the
27
fiscal
year,
the
department
shall
notify
the
persons
designated
28
by
this
division
of
this
Act
for
submission
of
reports,
29
the
chairpersons
and
ranking
members
of
the
committees
on
30
appropriations,
and
the
department
of
management
concerning
the
31
rules
and
the
expenditure
increase.
The
notification
shall
be
32
provided
at
least
30
calendar
days
prior
to
the
date
notice
of
33
the
rules
is
submitted
to
the
administrative
rules
coordinator
34
and
the
administrative
code
editor.
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Sec.
34.
REPORTS.
Any
reports
or
information
required
to
be
1
compiled
and
submitted
under
this
Act
shall
be
submitted
to
the
2
chairpersons
and
ranking
members
of
the
joint
appropriations
3
subcommittee
on
health
and
human
services,
the
legislative
4
services
agency,
and
the
legislative
caucus
staffs
on
or
5
before
the
dates
specified
for
submission
of
the
reports
or
6
information.
7
Sec.
35.
EFFECTIVE
DATE.
The
following
provisions
of
this
8
division
of
this
Act,
being
deemed
of
immediate
importance,
9
take
effect
upon
enactment:
10
The
provision
under
the
appropriation
for
child
and
family
11
services,
relating
to
requirements
of
section
232.143
for
12
representatives
of
the
department
of
human
services
and
13
juvenile
court
services
to
establish
a
plan
for
continuing
14
group
foster
care
expenditures
for
fiscal
year
2010-2011.
15
DIVISION
V
16
SENIOR
LIVING
TRUST
FUND,
17
PHARMACEUTICAL
SETTLEMENT
ACCOUNT,
18
IOWACARE
ACCOUNT,
AND
HEALTH
CARE
19
TRANSFORMATION
ACCOUNT
20
Sec.
36.
DEPARTMENT
ON
AGING.
There
is
appropriated
from
21
the
senior
living
trust
fund
created
in
section
249H.4
to
the
22
department
on
aging
for
the
fiscal
year
beginning
July
1,
2010,
23
and
ending
June
30,
2011,
the
following
amount,
or
so
much
24
thereof
as
is
necessary,
to
be
used
for
the
purpose
designated:
25
For
the
development
and
implementation
of
a
comprehensive
26
senior
living
program,
including
case
management
and
27
including
program
administration
and
costs
associated
with
28
implementation:
29
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,486,698
30
1.
a.
Of
the
funds
appropriated
in
this
section,
$1,010,000
31
shall
be
transferred
to
the
department
of
human
services
in
32
equal
amounts
on
a
quarterly
basis
for
reimbursement
of
case
33
management
services
provided
under
the
medical
assistance
34
elderly
waiver.
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b.
The
department
of
human
services
shall
review
1
projections
for
state
funding
expenditures
for
reimbursement
2
of
case
management
services
under
the
medical
assistance
3
elderly
waiver
on
a
quarterly
basis
and
shall
determine
if
an
4
adjustment
to
the
medical
assistance
reimbursement
rates
are
5
necessary
to
provide
reimbursement
within
the
state
funding
6
amounts
budgeted
under
the
appropriations
made
for
the
fiscal
7
year
for
the
medical
assistance
program.
Any
temporary
8
enhanced
federal
financial
participation
that
may
become
9
available
for
the
medical
assistance
program
during
the
fiscal
10
year
shall
not
be
used
in
projecting
the
medical
assistance
11
elderly
waiver
case
management
budget.
The
department
of
human
12
services
shall
revise
such
reimbursement
rates
as
necessary
to
13
maintain
expenditures
for
medical
assistance
elderly
waiver
14
case
management
services
within
the
state
funding
amounts
15
budgeted
under
the
appropriations
made
for
the
fiscal
year
for
16
the
medical
assistance
program.
17
2.
Notwithstanding
section
249H.7,
the
department
on
aging
18
shall
distribute
funds
appropriated
in
this
section
in
a
19
manner
that
will
supplement
and
maximize
federal
funds
under
20
the
federal
Older
Americans
Act
and
shall
not
use
the
amount
21
distributed
for
any
administrative
purposes
of
either
the
22
department
on
aging
or
the
area
agencies
on
aging.
23
3.
Of
the
funds
appropriated
in
this
section,
$60,000
24
shall
be
used
to
provide
dementia-specific
education
to
25
direct
care
workers
and
other
providers
of
long-term
care
26
to
enhance
existing
or
scheduled
efforts
through
the
Iowa
27
caregivers
association,
the
Alzheimer’s
association,
and
other
28
organizations
identified
as
appropriate
by
the
department.
29
4.
Of
the
funds
appropriated
in
this
section,
$51,000
shall
30
be
used
to
provide
funding
for
the
legal
hotline
for
older
31
Iowans.
32
5.
Of
the
funds
appropriated
in
this
section,
$193,000
33
shall
be
used
to
provide
state
matching
funds
for
the
senior
34
community
services
employment
program.
35
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5091JB
(2)
83
pf/jp
59/
105
S.F.
_____
H.F.
_____
Sec.
37.
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS.
There
1
is
appropriated
from
the
senior
living
trust
fund
created
in
2
section
249H.4
to
the
department
of
inspections
and
appeals
for
3
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
4
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
5
to
be
used
for
the
purpose
designated:
6
For
the
inspection
and
certification
of
assisted
living
7
facilities
and
adult
day
care
services,
including
program
8
administration
and
costs
associated
with
implementation:
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,339,527
10
Sec.
38.
IOWA
FINANCE
AUTHORITY.
There
is
appropriated
11
from
the
senior
living
trust
fund
created
in
section
249H.4
to
12
the
Iowa
finance
authority
for
the
fiscal
year
beginning
July
13
1,
2010,
and
ending
June
30,
2011,
the
following
amount,
or
14
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
15
designated:
16
For
the
rent
subsidy
program,
to
provide
reimbursement
for
17
rent
expenses
to
eligible
persons:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
700,000
19
Participation
in
the
rent
subsidy
program
shall
be
limited
20
to
only
those
persons
who
meet
the
requirements
for
the
nursing
21
facility
level
of
care
for
home
and
community-based
services
22
waiver
services
as
in
effect
on
July
1,
2010,
and
to
those
23
individuals
who
are
eligible
for
the
federal
money
follows
the
24
person
grant
program
under
the
medical
assistance
program.
Of
25
the
funds
appropriated
in
this
section,
not
more
than
$35,000
26
may
be
used
for
administrative
costs.
27
Sec.
39.
DEPARTMENT
OF
HUMAN
SERVICES.
Any
funds
remaining
28
in
the
senior
living
trust
fund
created
in
section
249H.4
29
following
the
appropriations
from
the
senior
living
trust
30
fund
made
in
this
division
of
this
Act
to
the
department
on
31
aging,
the
department
of
inspections
and
appeals,
and
the
Iowa
32
finance
authority,
for
the
fiscal
year
beginning
July
1,
2010,
33
and
ending
June
30,
2011,
are
appropriated
to
the
department
34
of
human
services
to
supplement
the
medical
assistance
35
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5091JB
(2)
83
pf/jp
60/
105
S.F.
_____
H.F.
_____
program
appropriations
made
in
this
Act,
including
program
1
administration
and
costs
associated
with
implementation.
In
2
order
to
carry
out
the
purposes
of
this
section,
the
department
3
may
transfer
funds
appropriated
in
this
section
to
supplement
4
other
appropriations
made
to
the
department
of
human
services.
5
Sec.
40.
PHARMACEUTICAL
SETTLEMENT
ACCOUNT.
There
is
6
appropriated
from
the
pharmaceutical
settlement
account
created
7
in
section
249A.33
to
the
department
of
human
services
for
the
8
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
9
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
10
used
for
the
purpose
designated:
11
To
supplement
the
appropriations
made
for
medical
contracts
12
under
the
medical
assistance
program:
13
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,298,191
14
Sec.
41.
APPROPRIATIONS
FROM
IOWACARE
ACCOUNT.
15
1.
There
is
appropriated
from
the
IowaCare
account
16
created
in
section
249J.24
to
the
state
board
of
regents
for
17
distribution
to
the
university
of
Iowa
hospitals
and
clinics
18
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
19
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
20
to
be
used
for
the
purposes
designated:
21
For
salaries,
support,
maintenance,
equipment,
and
22
miscellaneous
purposes,
for
the
provision
of
medical
and
23
surgical
treatment
of
indigent
patients,
for
provision
of
24
services
to
members
of
the
expansion
population
pursuant
to
25
chapter
249J,
and
for
medical
education:
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
27,284,584
27
a.
Funds
appropriated
in
this
subsection
shall
not
be
used
28
to
perform
abortions
except
medically
necessary
abortions,
and
29
shall
not
be
used
to
operate
the
early
termination
of
pregnancy
30
clinic
except
for
the
performance
of
medically
necessary
31
abortions.
For
the
purpose
of
this
subsection,
an
abortion
is
32
the
purposeful
interruption
of
pregnancy
with
the
intention
33
other
than
to
produce
a
live-born
infant
or
to
remove
a
dead
34
fetus,
and
a
medically
necessary
abortion
is
one
performed
35
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5091JB
(2)
83
pf/jp
61/
105
S.F.
_____
H.F.
_____
under
one
of
the
following
conditions:
1
(1)
The
attending
physician
certifies
that
continuing
the
2
pregnancy
would
endanger
the
life
of
the
pregnant
woman.
3
(2)
The
attending
physician
certifies
that
the
fetus
is
4
physically
deformed,
mentally
deficient,
or
afflicted
with
a
5
congenital
illness.
6
(3)
The
pregnancy
is
the
result
of
a
rape
which
is
reported
7
within
45
days
of
the
incident
to
a
law
enforcement
agency
or
8
public
or
private
health
agency
which
may
include
a
family
9
physician.
10
(4)
The
pregnancy
is
the
result
of
incest
which
is
reported
11
within
150
days
of
the
incident
to
a
law
enforcement
agency
12
or
public
or
private
health
agency
which
may
include
a
family
13
physician.
14
(5)
The
abortion
is
a
spontaneous
abortion,
commonly
known
15
as
a
miscarriage,
wherein
not
all
of
the
products
of
conception
16
are
expelled.
17
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
the
18
amount
appropriated
in
this
subsection
shall
be
allocated
in
19
twelve
equal
monthly
payments
as
provided
in
section
249J.24.
20
2.
There
is
appropriated
from
the
IowaCare
account
21
created
in
section
249J.24
to
the
state
board
of
regents
for
22
distribution
to
the
university
of
Iowa
hospitals
and
clinics
23
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
24
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
25
to
be
used
for
the
purposes
designated:
26
For
salaries,
support,
maintenance,
equipment,
and
27
miscellaneous
purposes,
for
the
provision
of
medical
and
28
surgical
treatment
of
indigent
patients,
for
provision
of
29
services
to
members
of
the
expansion
population
pursuant
to
30
chapter
249J,
and
for
medical
education:
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
49,020,031
32
Notwithstanding
any
provision
of
law
to
the
contrary,
the
33
amount
appropriated
in
this
subsection
shall
be
distributed
34
based
on
claims
submitted,
adjudicated,
and
paid
by
the
Iowa
35
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5091JB
(2)
83
pf/jp
62/
105
S.F.
_____
H.F.
_____
Medicaid
enterprise.
1
3.
There
is
appropriated
from
the
IowaCare
account
created
2
in
section
249J.24
to
the
department
of
human
services
for
the
3
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
4
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
5
used
for
the
purposes
designated:
6
For
distribution
to
a
publicly
owned
acute
care
teaching
7
hospital
located
in
a
county
with
a
population
over
350,000
for
8
the
provision
of
medical
and
surgical
treatment
of
indigent
9
patients,
for
provision
of
services
to
members
of
the
expansion
10
population
pursuant
to
chapter
249J,
and
for
medical
education:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
51,000,000
12
a.
Notwithstanding
any
provision
of
law
to
the
contrary,
13
the
amount
appropriated
in
this
subsection
shall
be
distributed
14
based
on
claims
submitted,
adjudicated,
and
paid
by
the
Iowa
15
Medicaid
enterprise
plus
a
monthly
disproportionate
share
16
hospital
payment.
Any
amount
appropriated
in
this
subsection
17
in
excess
of
$48,000,000
shall
be
distributed
only
if
the
sum
18
of
the
expansion
population
claims
adjudicated
and
paid
by
the
19
Iowa
Medicaid
enterprise
plus
the
estimated
disproportionate
20
share
hospital
payments
exceeds
$48,000,000.
The
amount
paid
21
in
excess
of
$48,000,000
shall
not
adjust
the
original
monthly
22
payment
amount
but
shall
be
distributed
monthly
based
on
actual
23
claims
adjudicated
and
paid
by
the
Iowa
Medicaid
enterprise
24
plus
the
estimated
disproportionate
share
hospital
amount.
Any
25
amount
appropriated
in
this
subsection
in
excess
of
$48,000,000
26
shall
be
allocated
only
if
federal
funds
are
available
to
match
27
the
amount
allocated.
28
b.
Notwithstanding
the
total
amount
of
proceeds
distributed
29
pursuant
to
section
249J.24,
subsection
6,
paragraph
“a”,
30
unnumbered
paragraph
1,
for
the
fiscal
year
beginning
July
31
1,
2010,
and
ending
June
30,
2011,
the
county
treasurer
of
a
32
county
with
a
population
of
over
350,000
in
which
a
publicly
33
owned
acute
care
teaching
hospital
is
located
shall
distribute
34
the
proceeds
collected
pursuant
to
section
347.7
in
a
total
35
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5091JB
(2)
83
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63/
105
S.F.
_____
H.F.
_____
amount
of
$38,000,000,
which
would
otherwise
be
distributed
to
1
the
county
hospital,
to
the
treasurer
of
state
for
deposit
in
2
the
IowaCare
account.
3
c.
(1)
Notwithstanding
the
amount
collected
and
4
distributed
for
deposit
in
the
IowaCare
account
pursuant
to
5
section
249J.24,
subsection
6,
paragraph
“a”,
subparagraph
6
(1),
the
first
$19,000,000
in
proceeds
collected
pursuant
to
7
section
347.7
between
July
1,
2010,
and
December
31,
2010,
8
shall
be
distributed
to
the
treasurer
of
state
for
deposit
in
9
the
IowaCare
account
and
collections
during
this
time
period
in
10
excess
of
$19,000,000
shall
be
distributed
to
the
acute
care
11
teaching
hospital
identified
in
this
subsection.
12
(2)
Notwithstanding
the
amount
collected
and
distributed
13
for
deposit
in
the
IowaCare
account
pursuant
to
section
14
249J.24,
subsection
6,
paragraph
“a”,
subparagraph
(2),
15
the
first
$19,000,000
in
collections
pursuant
to
section
16
347.7
between
January
1,
2011,
and
June
30,
2011,
shall
be
17
distributed
to
the
treasurer
of
state
for
deposit
in
the
18
IowaCare
account
and
collections
during
this
time
period
in
19
excess
of
$19,000,000
shall
be
distributed
to
the
acute
care
20
teaching
hospital
identified
in
this
subsection.
21
Sec.
42.
APPROPRIATIONS
FROM
ACCOUNT
FOR
HEALTH
CARE
22
TRANSFORMATION
——
DEPARTMENT
OF
HUMAN
SERVICES.
23
Notwithstanding
any
provision
to
the
contrary,
there
is
24
appropriated
from
the
account
for
health
care
transformation
25
created
in
section
249J.23
to
the
department
of
human
services
26
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
27
30,
2011,
the
following
amounts,
or
so
much
thereof
as
is
28
necessary,
to
be
used
for
the
purposes
designated:
29
1.
For
the
costs
of
medical
examinations
for
the
expansion
30
population
pursuant
to
section
249J.6:
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
556,800
32
2.
For
the
provision
of
an
IowaCare
nurse
helpline
for
the
33
expansion
population
as
provided
in
section
249J.6:
34
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
100,000
35
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5091JB
(2)
83
pf/jp
64/
105
S.F.
_____
H.F.
_____
3.
For
other
health
promotion
partnership
activities
1
pursuant
to
section
249J.14:
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
600,000
3
4.
For
the
costs
related
to
audits,
performance
4
evaluations,
and
studies
required
pursuant
to
chapter
249J:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
125,000
6
5.
For
administrative
costs
associated
with
chapter
249J:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,132,412
8
6.
For
planning
and
development,
in
cooperation
with
the
9
department
of
public
health,
of
a
phased-in
program
to
provide
10
a
dental
home
for
children
in
accordance
with
section
249J.14:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,000,000
12
7.
For
continuation
of
the
establishment
of
the
tuition
13
assistance
for
individuals
serving
individuals
with
14
disabilities
pilot
program,
as
enacted
in
2008
Iowa
Acts,
15
chapter
1187,
section
130:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50,000
17
8.
For
medical
contracts:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,300,000
19
9.
For
payment
to
the
publicly
owned
acute
care
teaching
20
hospital
located
in
a
county
with
a
population
of
over
350,000
21
that
is
a
participating
provider
pursuant
to
chapter
249J:
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
290,000
23
Disbursements
under
this
subsection
shall
be
made
monthly.
24
The
hospital
shall
submit
a
report
following
the
close
of
the
25
fiscal
year
regarding
use
of
the
funds
appropriated
in
this
26
subsection
to
the
persons
specified
in
this
Act
to
receive
27
reports.
28
Notwithstanding
section
8.39,
subsection
1,
without
the
29
prior
written
consent
and
approval
of
the
governor
and
the
30
director
of
the
department
of
management,
the
director
of
human
31
services
may
transfer
funds
among
the
appropriations
made
in
32
this
section
as
necessary
to
carry
out
the
purposes
of
the
33
account
for
health
care
transformation.
The
department
shall
34
report
any
transfers
made
pursuant
to
this
section
to
the
35
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5091JB
(2)
83
pf/jp
65/
105
S.F.
_____
H.F.
_____
legislative
services
agency.
1
Sec.
43.
MEDICAL
ASSISTANCE
PROGRAM
——
NONREVERSION
FOR
2
FY
2011-2012.
Notwithstanding
any
section
8.33,
if
moneys
3
appropriated
for
purposes
of
the
medical
assistance
program
for
4
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
5
2011,
from
the
general
fund
of
the
state,
the
senior
living
6
trust
fund,
and
the
health
care
trust
fund,
are
in
excess
of
7
actual
expenditures
for
the
medical
assistance
program
and
8
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
9
year,
the
excess
moneys
shall
not
revert
but
shall
remain
10
available
for
expenditure
for
the
purposes
of
the
medical
11
assistance
program
until
the
close
of
the
succeeding
fiscal
12
year.
13
DIVISION
VI
14
MH/MR/DD
SERVICES
15
ALLOWED
GROWTH
FUNDING
16
FY
2010-2011
17
Sec.
44.
2009
Iowa
Acts,
chapter
179,
section
1,
is
amended
18
to
read
as
follows:
19
SECTION
1.
COUNTY
MENTAL
HEALTH,
MENTAL
RETARDATION,
AND
20
DEVELOPMENTAL
DISABILITIES
ALLOWED
GROWTH
APPROPRIATION
AND
21
ALLOCATIONS
——
FISCAL
YEAR
2010-2011.
22
1.
There
is
appropriated
from
the
general
fund
of
the
23
state
to
the
department
of
human
services
for
the
fiscal
year
24
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
25
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
26
purpose
designated:
27
For
distribution
to
counties
of
the
county
mental
health,
28
mental
retardation,
and
developmental
disabilities
allowed
29
growth
factor
adjustment
for
fiscal
year
2010-2011
as
provided
30
in
this
section
in
lieu
of
the
allowed
growth
factor
provisions
31
of
section
331.438,
subsection
2,
and
section
331.439,
32
subsection
3,
and
chapter
426B
:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
62,157,491
34
48,697,893
35
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105
S.F.
_____
H.F.
_____
2.
The
amount
appropriated
in
this
section
shall
be
1
allocated
as
provided
in
a
later
enactment
of
the
general
2
assembly.
3
Sec.
45.
2009
Iowa
Acts,
chapter
179,
section
1,
as
4
amended
by
this
division
of
this
Act,
is
amended
by
adding
the
5
following
new
subsections:
6
NEW
SUBSECTION
.
1.
Of
the
amount
appropriated
in
this
7
section,
$146,750
shall
be
used
for
assistance
to
the
counties
8
with
limited
county
mental
health,
mental
retardation,
and
9
developmental
disabilities
services
fund
balances
which
were
10
selected
in
accordance
with
2000
Iowa
Acts,
chapter
1221,
11
section
3,
to
receive
such
assistance,
in
the
same
amount
12
provided
during
the
fiscal
year
beginning
July
1,
2000,
13
and
ending
June
30,
2001,
to
pay
reimbursement
increases
in
14
accordance
with
2000
Iowa
Acts,
chapter
1221,
section
3.
15
NEW
SUBSECTION
.
2.
Of
the
amount
appropriated
in
this
16
section,
$12,000,000
shall
be
distributed
as
provided
in
this
17
subsection.
18
a.
To
be
eligible
to
receive
a
distribution
under
this
19
subsection,
a
county
must
meet
the
following
requirements:
20
(1)
The
county
is
levying
for
the
maximum
amount
allowed
21
for
the
county’s
mental
health,
mental
retardation,
and
22
developmental
disabilities
services
fund
under
section
331.424A
23
for
taxes
due
and
payable
in
the
fiscal
year
beginning
July
1,
24
2010,
or
the
county
is
levying
for
at
least
90
percent
of
the
25
maximum
amount
allowed
for
the
county’s
services
fund
and
that
26
levy
rate
is
more
than
$2
per
$1,000
of
the
assessed
value
of
27
all
taxable
property
in
the
county.
28
(2)
In
the
fiscal
year
beginning
July
1,
2008,
the
29
county’s
mental
health,
mental
retardation,
and
developmental
30
disabilities
services
fund
ending
balance
under
generally
31
accepted
accounting
principles
was
equal
to
or
less
than
15
32
percent
of
the
county’s
actual
gross
expenditures
for
that
33
fiscal
year.
34
b.
A
county’s
allocation
of
the
amount
appropriated
in
35
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105
S.F.
_____
H.F.
_____
this
subsection
shall
be
determined
based
upon
the
county’s
1
proportion
of
the
general
population
of
the
counties
eligible
2
to
receive
an
allocation
under
this
subsection.
The
most
3
recent
population
estimates
issued
by
the
United
States
bureau
4
of
the
census
shall
be
applied
in
determining
population
for
5
the
purposes
of
this
paragraph.
6
c.
The
allocations
made
pursuant
to
this
subsection
7
are
subject
to
the
distribution
provisions
and
withholding
8
requirements
established
in
this
section
for
the
county
mental
9
health,
mental
retardation,
and
developmental
disabilities
10
allowed
growth
factor
adjustment
for
the
fiscal
year
beginning
11
July
1,
2010.
12
NEW
SUBSECTION
.
3.
The
following
amount
of
the
funding
13
appropriated
in
this
section
is
the
allowed
growth
factor
14
adjustment
for
fiscal
year
2010-2011,
and
shall
be
credited
to
15
the
allowed
growth
funding
pool
created
in
the
property
tax
16
relief
fund
and
for
distribution
in
accordance
with
section
17
426B.5,
subsection
1:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
36,551,143
19
NEW
SUBSECTION
.
4.
The
following
formula
amounts
shall
be
20
utilized
only
to
calculate
preliminary
distribution
amounts
for
21
the
allowed
growth
factor
adjustment
for
fiscal
year
2010-2011
22
under
this
section
by
applying
the
indicated
formula
provisions
23
to
the
formula
amounts
and
producing
a
preliminary
distribution
24
total
for
each
county:
25
a.
For
calculation
of
a
distribution
amount
for
eligible
26
counties
from
the
allowed
growth
funding
pool
created
in
the
27
property
tax
relief
fund
in
accordance
with
the
requirements
in
28
section
426B.5,
subsection
1:
29
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
49,626,596
30
b.
For
calculation
of
a
distribution
amount
for
counties
31
from
the
mental
health
and
developmental
disabilities
(MH/DD)
32
community
services
fund
in
accordance
with
the
formula
provided
33
in
the
appropriation
made
for
the
MH/DD
community
services
fund
34
for
the
fiscal
year
beginning
July
1,
2010:
35
-68-
LSB
5091JB
(2)
83
pf/jp
68/
105
S.F.
_____
H.F.
_____
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
14,187,556
1
NEW
SUBSECTION
.
5.
a.
After
applying
the
applicable
2
statutory
distribution
formulas
to
the
amounts
indicated
in
3
subsection
4
for
purposes
of
producing
preliminary
distribution
4
totals,
the
department
of
human
services
shall
apply
a
5
withholding
factor
to
adjust
an
eligible
individual
county’s
6
preliminary
distribution
total.
In
order
to
be
eligible
for
7
a
distribution
under
this
section,
a
county
must
be
levying
8
90
percent
or
more
of
the
maximum
amount
allowed
for
the
9
county’s
mental
health,
mental
retardation,
and
developmental
10
disabilities
services
fund
under
section
331.424A
for
taxes
due
11
and
payable
in
the
fiscal
year
for
which
the
distribution
is
12
payable.
13
b.
An
ending
balance
percentage
for
each
county
shall
14
be
determined
by
expressing
the
county’s
ending
balance
on
a
15
modified
accrual
basis
under
generally
accepted
accounting
16
principles
for
the
fiscal
year
beginning
July
1,
2008,
in
the
17
county’s
mental
health,
mental
retardation,
and
developmental
18
disabilities
services
fund
created
under
section
331.424A,
as
a
19
percentage
of
the
county’s
gross
expenditures
from
that
fund
20
for
that
fiscal
year.
If
a
county
borrowed
moneys
for
purposes
21
of
providing
services
from
the
county’s
services
fund
on
or
22
before
July
1,
2008,
and
the
county’s
services
fund
ending
23
balance
for
that
fiscal
year
includes
the
loan
proceeds
or
an
24
amount
designated
in
the
county
budget
to
service
the
loan
for
25
the
borrowed
moneys,
those
amounts
shall
not
be
considered
26
to
be
part
of
the
county’s
ending
balance
for
purposes
of
27
calculating
an
ending
balance
percentage
under
this
subsection.
28
c.
For
purposes
of
calculating
withholding
factors
and
for
29
ending
balance
amounts
used
for
other
purposes
under
law,
the
30
county
ending
balances
shall
be
adjusted,
using
forms
developed
31
for
this
purpose
by
the
county
finance
committee,
to
disregard
32
the
temporary
funding
increase
provided
to
the
counties
for
33
the
fiscal
year
through
the
federal
American
Recovery
and
34
Reinvestment
Act
of
2009,
Pub.
L.
No.
111-5.
In
addition,
35
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105
S.F.
_____
H.F.
_____
a
county
may
adjust
the
ending
balance
amount
by
rebating
to
1
the
department
all
or
a
portion
of
the
allowed
growth
and
2
MH/DD
services
fund
moneys
the
county
received
for
the
fiscal
3
year
beginning
July
1,
2009,
in
accordance
with
2008
Iowa
4
Acts,
chapter
1191,
as
amended
by
2009
Iowa
Acts,
chapter
182,
5
section
55,
or
from
any
other
services
fund
moneys
available
6
to
the
county.
The
rebate
must
be
remitted
to
the
department
7
on
or
before
June
1,
2009,
in
order
to
be
counted.
The
amount
8
rebated
by
a
county
shall
be
subtracted
dollar-for-dollar
9
from
the
county’s
ending
balance
amount
for
the
fiscal
year
10
beginning
July
1,
2008,
for
purposes
of
calculating
the
11
withholding
factor
and
for
other
ending
balance
purposes
for
12
the
fiscal
year
beginning
July
1,
2010.
The
rebates
received
13
by
the
department
shall
be
credited
to
the
risk
pool
in
the
14
property
tax
relief
fund.
15
d.
The
withholding
factor
for
a
county
shall
be
the
16
following
applicable
percent:
17
(1)
For
an
ending
balance
percentage
of
less
than
5
18
percent,
a
withholding
factor
of
0
percent.
In
addition,
19
a
county
that
is
subject
to
this
lettered
paragraph
shall
20
receive
an
inflation
adjustment
equal
to
3
percent
of
the
gross
21
expenditures
reported
for
the
county’s
services
fund
for
the
22
fiscal
year.
23
(2)
For
an
ending
balance
percentage
of
5
percent
or
more
24
but
less
than
10
percent,
a
withholding
factor
of
0
percent.
25
In
addition,
a
county
that
is
subject
to
this
lettered
26
paragraph
shall
receive
an
inflation
adjustment
equal
to
2
27
percent
of
the
gross
expenditures
reported
for
the
county’s
28
services
fund
for
the
fiscal
year.
29
(3)
For
an
ending
balance
percentage
of
10
percent
or
more
30
but
less
than
25
percent,
a
withholding
factor
of
25
percent.
31
However,
for
counties
with
an
ending
balance
percentage
of
10
32
percent
or
more
but
less
than
15
percent,
the
amount
withheld
33
shall
be
limited
to
the
amount
by
which
the
county’s
ending
34
balance
was
in
excess
of
the
ending
balance
percentage
of
10
35
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83
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105
S.F.
_____
H.F.
_____
percent.
1
(4)
For
an
ending
balance
percentage
of
25
percent
or
more,
2
a
withholding
percentage
of
100
percent.
3
NEW
SUBSECTION
.
6.
The
total
withholding
amounts
applied
4
pursuant
to
subsection
5
shall
be
equal
to
a
withholding
target
5
amount
of
$13,075,453.
If
the
department
of
human
services
6
determines
that
the
amount
to
be
withheld
in
accordance
with
7
subsection
6
is
not
equal
to
the
target
withholding
amount,
8
the
department
shall
adjust
the
withholding
factors
listed
in
9
subsection
6
as
necessary
to
achieve
the
target
withholding
10
amount.
However,
in
making
such
adjustments
to
the
withholding
11
factors,
the
department
shall
strive
to
minimize
changes
to
12
the
withholding
factors
for
those
ending
balance
percentage
13
ranges
that
are
lower
than
others
and
shall
not
adjust
the
14
zero
withholding
factor
or
the
inflation
adjustment
percentage
15
specified
in
subsection
5,
paragraph
“a”.
16
DIVISION
VII
17
PRIOR
APPROPRIATIONS
AND
18
RELATED
CHANGES
19
CERTIFIED
RETIREMENT
COMMUNITIES
20
Sec.
46.
Section
231.24,
subsection
9,
Code
Supplement
21
2009,
is
amended
to
read
as
follows:
22
9.
Program
administration
deferral.
If
in
the
fiscal
23
year
beginning
July
1,
2009,
the
department
on
aging’s
24
appropriations
or
authorized
full-time
equivalent
positions
are
25
reduced,
the
The
department
may
defer
the
implementation
of
26
the
certified
retirement
communities
program
until
such
time
27
as
the
department
has
the
resources
to
administer
the
program
,
28
as
determined
by
the
director
.
29
AREA
AGENCY
ON
AGING
30
BOARD
TRAINING
31
Sec.
47.
Section
231.33,
subsection
19,
Code
Supplement
32
2009,
is
amended
by
striking
the
subsection.
33
DEMENTIA
TRAINING
34
Sec.
48.
2008
Iowa
Acts,
chapter
1040,
section
3,
is
amended
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to
read
as
follows:
1
SEC.
3.
IMPLEMENTATION
——
CONTINGENCY
.
The
department
2
of
elder
affairs
on
aging
shall
implement
on
or
before
July
3
1,
2010,
the
initial
provisions
for
expanding
and
improving
4
training
and
education
of
those
who
regularly
deal
with
persons
5
with
Alzheimer's
disease
and
similar
forms
of
irreversible
6
dementia
and
for
providing
funding
for
public
awareness
efforts
7
and
educational
efforts
in
accordance
with
section
231.62,
8
as
enacted
by
this
Act
,
contingent
upon
the
availability
of
9
funding
as
determined
by
the
director
.
10
REGIONAL
SERVICE
NETWORK
11
PILOT
PROJECT
12
Sec.
49.
2008
Iowa
Acts,
chapter
1187,
section
59,
13
subsection
9,
paragraph
a,
is
amended
to
read
as
follows:
14
a.
The
department
of
human
services
may
implement
a
pilot
15
project
for
a
regional
service
network
established
for
mental
16
health,
mental
retardation,
and
developmental
disabilities
17
services
paid
from
the
services
funds
under
section
331.424A.
18
The
initial
term
of
the
pilot
project
is
limited
to
the
19
two-year
period
beginning
July
1,
2008,
and
ending
June
30,
20
2010
2011
.
21
HEALTH
CARE
COVERAGE
22
EXPANSION
23
Sec.
50.
2008
Iowa
Acts,
chapter
1188,
section
16,
as
24
amended
by
2009
Iowa
Acts,
chapter
182,
section
84,
is
amended
25
to
read
as
follows:
26
SEC.
16.
MEDICAL
ASSISTANCE,
HAWK-I,
AND
HAWK-I
EXPANSION
27
PROGRAMS
——
COVERING
CHILDREN
——
APPROPRIATION.
There
28
is
appropriated
from
the
general
fund
of
the
state
to
the
29
department
of
human
services
for
the
designated
fiscal
years,
30
the
following
amounts,
or
so
much
thereof
as
is
necessary,
for
31
the
purpose
designated:
32
To
cover
children
as
provided
in
this
Act
under
the
medical
33
assistance,
hawk-i,
and
hawk-i
expansion
programs
and
outreach
34
under
the
current
structure
of
the
programs:
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FY
2008-2009
....................................
$
4,800,000
1
FY
2009-2010
....................................
$
4,207,001
2
FY
2010-2011
....................................
$
24,800,000
3
10,049,532
4
PATIENT
DECISION
5
MAKING
——
PILOT
PROJECT
6
Sec.
51.
2008
Iowa
Acts,
chapter
1188,
section
36,
7
subsection
1,
is
amended
to
read
as
follows:
8
1.
The
department
of
public
health
shall
establish
a
9
two-year
community
coalition
for
patient
treatment
wishes
10
across
the
health
care
continuum
pilot
project,
beginning
11
July
1,
2008,
and
ending
June
30,
2010
2011
,
in
a
county
12
with
a
population
of
between
fifty
thousand
and
one
hundred
13
thousand.
The
pilot
project
shall
utilize
the
process
based
14
upon
the
national
physicians
orders
for
life
sustaining
15
treatment
program
initiative,
including
use
of
a
standardized
16
physician
order
for
scope
of
treatment
form.
The
process
17
shall
require
validation
of
the
physician
order
for
scope
of
18
treatment
form
by
the
signature
of
an
individual
other
than
19
the
patient
or
the
patient's
legal
representative
who
is
not
20
an
employee
of
the
patient's
physician.
The
pilot
project
may
21
include
applicability
to
chronically
ill,
frail,
and
elderly
or
22
terminally
ill
individuals
in
hospitals
licensed
pursuant
to
23
chapter
135B,
nursing
facilities
or
residential
care
facilities
24
licensed
pursuant
to
chapter
135C,
or
hospice
programs
as
25
defined
in
section
135J.1.
26
MEDICAID
PROGRAMS
——
PROCESS
27
REQUIREMENTS
28
Sec.
52.
2009
Iowa
Acts,
chapter
118,
section
38,
subsection
29
3,
is
amended
by
striking
the
subsection.
30
IOWA
VETERANS
HOME
31
Sec.
53.
2009
Iowa
Acts,
chapter
182,
section
3,
subsection
32
2,
is
amended
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
d.
The
funds
appropriated
in
this
subsection
34
to
the
Iowa
veterans
home
that
remain
available
for
expenditure
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for
the
succeeding
fiscal
year
pursuant
to
section
35D.18,
1
subsection
5,
shall
be
distributed
to
be
used
in
the
succeeding
2
fiscal
year
in
accordance
with
this
lettered
paragraph.
The
3
first
$500,000
shall
remain
available
to
be
used
for
the
4
purposes
of
the
Iowa
veterans
home.
On
or
before
October
15,
5
2010,
the
department
of
management
shall
transfer
not
more
than
6
$1,000,000
to
the
appropriation
to
the
department
of
human
7
services
for
field
operations.
Any
remaining
funding
shall
be
8
used
for
purposes
of
the
Iowa
veterans
home.
9
TEMPORARY
ASSISTANCE
FOR
NEEDY
10
FAMILIES
BLOCK
GRANT
11
Sec.
54.
2009
Iowa
Acts,
chapter
182,
section
5,
is
amended
12
by
adding
the
following
new
subsection:
13
NEW
SUBSECTION
.
15.
Notwithstanding
section
8.33,
moneys
14
appropriated
in
this
section
that
remain
unencumbered
or
15
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
16
but
shall
remain
available
for
expenditure
for
the
family
17
investment
program
until
the
close
of
the
succeeding
fiscal
18
year.
19
BEHAVIORAL
HEALTH
SERVICES
20
ACCOUNT
——
MEDICAL
ASSISTANCE
21
Sec.
55.
2009
Iowa
Acts,
chapter
182,
section
9,
subsection
22
16,
paragraph
b,
is
amended
to
read
as
follows:
23
b.
The
department
shall
continue
to
maintain
a
separate
24
account
within
the
medical
assistance
budget
for
the
deposit
25
of
all
funds
remitted
pursuant
to
a
contract
with
a
third
26
party
to
administer
behavioral
health
services
under
the
27
medical
assistance
program
established
pursuant
to
2008
Iowa
28
Acts,
chapter
1187,
section
9,
subsection
20.
Notwithstanding
29
section
8.33,
other
than
funds
remaining
from
the
appropriation
30
allocations
made
for
implementation
of
the
emergency
mental
31
health
crisis
services
and
system,
for
implementation
of
the
32
mental
health
services
system
for
children
and
youth,
and
33
for
training
of
child
welfare
services
providers
in
2008
34
Iowa
Acts,
chapter
1187,
section
9,
subsection
20,
paragraph
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“c”,
subparagraphs
(1),
(2),
and
(6),
as
authorized
in
2009
1
Iowa
Acts,
chapter
182,
section
72,
funds
remaining
in
the
2
account
that
remain
unencumbered
or
unobligated
at
the
end
of
3
any
the
fiscal
year
shall
not
revert
but
shall
remain
available
4
in
succeeding
fiscal
years
and
shall
be
used
only
in
accordance
5
with
appropriations
from
the
account
for
health
and
human
6
services-related
purposes
are
appropriated
to
the
department
to
7
be
used
for
the
medical
assistance
program
.
8
STATE
SUPPLEMENTARY
9
ASSISTANCE
PROGRAM
10
Sec.
56.
2009
Iowa
Acts,
chapter
182,
section
12,
is
amended
11
by
adding
the
following
new
subsection:
12
NEW
SUBSECTION
.
4.
Notwithstanding
section
8.33,
moneys
13
appropriated
in
this
section
that
remain
unencumbered
or
14
unobligated
at
the
close
of
the
fiscal
year
shall
remain
15
available
for
expenditure
for
the
purposes
designated
until
the
16
close
of
the
succeeding
fiscal
year.
17
INTELLECTUAL
DISABILITIES
WAIVER
18
Sec.
57.
INTELLECTUAL
DISABILITIES
WAIVER
——
STATEWIDE
19
METHODOLOGY.
In
administering
the
medical
assistance
home
20
and
community-based
services
intellectual
disability
waiver,
21
the
total
number
of
openings
at
any
one
time
shall
be
limited
22
to
the
number
approved
for
the
waiver
by
the
secretary
of
the
23
United
States
department
of
health
and
human
services
and
24
available
funding.
Beginning
July
1,
2010,
the
department
25
shall
implement
a
statewide
method
of
allocating
waiver
slots
26
and
shall
design
a
methodology
for
prioritizing
the
allocation
27
of
slots,
subject
to
federal
approval.
The
department
28
shall
convene
a
workgroup
to
develop
criteria
to
prioritize
29
individuals
on
the
waiting
list,
subject
to
federal
approval.
30
Sec.
58.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
31
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
32
enactment.
33
DIVISION
VIII
34
INTERSTATE
COMPACT
FOR
JUVENILES
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Sec.
59.
Section
232.2,
subsection
29,
Code
Supplement
1
2009,
is
amended
to
read
as
follows:
2
29.
“Juvenile”
means
the
same
as
“child”
.
However,
in
3
the
interstate
compact
on
for
juveniles,
sections
232.171
and
4
232.172
section
232.173
,
“juvenile”
means
a
person
defined
as
a
5
juvenile
in
the
law
of
a
state
which
is
a
party
to
the
compact.
6
Sec.
60.
Section
232.172,
Code
2009,
is
amended
to
read
as
7
follows:
8
232.172
Confinement
of
delinquent
juvenile.
9
1.
For
a
juvenile
under
the
jurisdiction
of
this
state
10
who
is
subject
to
the
interstate
compact
for
juveniles
11
under
section
232.173,
the
confinement
of
the
juvenile
in
an
12
institution
located
within
another
compacting
state
shall
be
13
as
provided
under
the
compact.
14
2.
This
subsection
applies
to
the
confinement
of
a
15
delinquent
juvenile
under
the
jurisdiction
of
this
state
in
an
16
institution
located
within
a
noncompacting
state,
as
defined
17
in
section
232.173,
that
entered
into
the
interstate
compact
18
on
juveniles
under
section
232.171,
Code
2009.
In
addition
19
to
any
institution
in
which
the
authorities
of
this
state
may
20
otherwise
confine
or
order
the
confinement
of
a
the
delinquent
21
juvenile,
such
authorities
may,
pursuant
to
the
out-of-state
22
confinement
amendment
to
the
interstate
compact
on
juveniles
in
23
section
232.171,
Code
2009
,
confine
or
order
the
confinement
24
of
a
the
delinquent
juvenile
in
a
compact
institution
within
25
another
party
state.
26
Sec.
61.
NEW
SECTION
.
232.173
Interstate
compact
for
27
juveniles.
28
1.
Article
I
——
Purpose.
29
a.
The
compacting
states
to
this
interstate
compact
30
recognize
that
each
state
is
responsible
for
the
proper
31
supervision
or
return
of
juveniles,
delinquents,
and
status
32
offenders
who
are
on
probation
or
parole
and
who
have
33
absconded,
escaped,
or
run
away
from
supervision
and
control
34
and
in
so
doing
have
endangered
their
own
safety
and
the
safety
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of
others.
The
compacting
states
also
recognize
that
each
1
state
is
responsible
for
the
safe
return
of
juveniles
who
have
2
run
away
from
home
and
in
doing
so
have
left
their
state
of
3
residence.
The
compacting
states
also
recognize
that
Congress,
4
by
enacting
the
Crime
Control
Act,
4
U.S.C.
§
112
(1965),
has
5
authorized
and
encouraged
compacts
for
cooperative
efforts
and
6
mutual
assistance
in
the
prevention
of
crime.
7
b.
It
is
the
purpose
of
this
compact,
through
means
of
joint
8
and
cooperative
action
among
the
compacting
states
to:
9
(1)
Ensure
that
the
adjudicated
juveniles
and
status
10
offenders
subject
to
this
compact
are
provided
adequate
11
supervision
and
services
in
the
receiving
state
as
ordered
12
by
the
adjudicating
judge
or
parole
authority
in
the
sending
13
state.
14
(2)
Ensure
that
the
public
safety
interests
of
the
citizens,
15
including
the
victims
of
juvenile
offenders,
in
both
the
16
sending
and
receiving
states
are
adequately
protected.
17
(3)
Return
juveniles
who
have
run
away,
absconded,
or
18
escaped
from
supervision
or
control
or
have
been
accused
of
an
19
offense
to
the
state
requesting
their
return.
20
(4)
Make
contracts
for
the
cooperative
institutionalization
21
in
public
facilities
in
member
states
for
delinquent
youth
22
needing
special
services.
23
(5)
Provide
for
the
effective
tracking
and
supervision
of
24
juveniles.
25
(6)
Equitably
allocate
the
costs,
benefits,
and
obligations
26
of
the
compacting
states.
27
(7)
Establish
procedures
to
manage
the
movement
between
28
states
of
juvenile
offenders
released
to
the
community
under
29
the
jurisdiction
of
courts,
juvenile
departments,
or
any
other
30
criminal
or
juvenile
justice
agency
which
has
jurisdiction
over
31
juvenile
offenders.
32
(8)
Insure
immediate
notice
to
jurisdictions
where
defined
33
offenders
are
authorized
to
travel
or
to
relocate
across
state
34
lines.
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(9)
Establish
procedures
to
resolve
pending
charges
1
(detainers)
against
juvenile
offenders
prior
to
transfer
or
2
release
to
the
community
under
the
terms
of
this
compact.
3
(10)
Establish
a
system
of
uniform
data
collection
on
4
information
pertaining
to
juveniles
subject
to
this
compact
5
that
allows
access
by
authorized
juvenile
justice
and
criminal
6
justice
officials,
and
regular
reporting
of
compact
activities
7
to
heads
of
state
executive,
judicial,
and
legislative
branches
8
and
juvenile
and
criminal
justice
administrators.
9
(11)
Monitor
compliance
with
rules
governing
interstate
10
movement
of
juveniles
and
initiate
interventions
to
address
and
11
correct
noncompliance.
12
(12)
Coordinate
training
and
education
regarding
the
13
regulation
of
interstate
movement
of
juveniles
for
officials
14
involved
in
such
activity.
15
(13)
Coordinate
the
implementation
and
operation
of
16
the
compact
with
the
interstate
compact
for
the
placement
17
of
children,
the
interstate
compact
for
adult
offender
18
supervision,
and
other
compacts
affecting
juveniles
19
particularly
in
those
cases
where
concurrent
or
overlapping
20
supervision
issues
arise.
21
c.
It
is
the
policy
of
the
compacting
states
that
the
22
activities
conducted
by
the
interstate
commission
created
in
23
this
compact
are
the
formation
of
public
policies
and
therefore
24
are
public
business.
Furthermore,
the
compacting
states
shall
25
cooperate
and
observe
their
individual
and
collective
duties
26
and
responsibilities
for
the
prompt
return
and
acceptance
of
27
juveniles
subject
to
the
provisions
of
this
compact.
The
28
provisions
of
this
compact
shall
be
reasonably
and
liberally
29
construed
to
accomplish
the
purposes
and
policies
of
the
30
compact.
31
2.
Article
II
——
Definitions.
As
used
in
this
compact,
32
unless
the
context
clearly
requires
a
different
construction:
33
a.
“Bylaws”
means
those
bylaws
established
by
the
interstate
34
commission
for
its
governance,
or
for
directing
or
controlling
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its
actions
or
conduct.
1
b.
“Compact
administrator”
means
the
individual
in
each
2
compacting
state
appointed
pursuant
to
the
terms
of
this
3
compact,
responsible
for
the
administration
and
management
of
4
the
state’s
supervision
and
transfer
of
juveniles
subject
to
5
the
terms
of
this
compact,
the
rules
adopted
by
the
interstate
6
commission,
and
policies
adopted
by
the
state
council
under
7
this
compact.
8
c.
“Compacting
state”
means
any
state
which
has
enacted
the
9
enabling
legislation
for
this
compact.
10
d.
“Commissioner”
means
the
voting
representative
of
each
11
compacting
state
appointed
pursuant
to
article
III
of
this
12
compact.
13
e.
“Court”
means
any
court
having
jurisdiction
over
14
delinquent,
neglected,
or
dependent
children.
15
f.
“Deputy
compact
administrator”
means
the
individual,
16
if
any,
in
each
compacting
state
appointed
to
act
on
behalf
17
of
a
compact
administrator
pursuant
to
the
terms
of
this
18
compact
responsible
for
the
administration
and
management
of
19
the
state’s
supervision
and
transfer
of
juveniles
subject
to
20
the
terms
of
this
compact,
the
rules
adopted
by
the
interstate
21
commission,
and
policies
adopted
by
the
state
council
under
22
this
compact.
23
g.
“Interstate
commission”
means
the
interstate
commission
24
for
juveniles
created
by
article
III
of
this
compact.
25
h.
“Juvenile”
means
any
person
defined
as
a
juvenile
in
26
any
member
state
or
by
the
rules
of
the
interstate
commission,
27
including
persons
who
are
any
of
the
following:
28
(1)
An
accused
delinquent,
meaning
a
person
charged
with
29
an
offense
that,
if
committed
by
an
adult,
would
be
a
criminal
30
offense.
31
(2)
An
adjudicated
delinquent,
meaning
a
person
found
to
32
have
committed
an
offense
that,
if
committed
by
an
adult,
would
33
be
a
criminal
offense.
34
(3)
An
accused
status
offender,
meaning
a
person
charged
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with
an
offense
that
would
not
be
a
criminal
offense
if
1
committed
by
an
adult.
2
(4)
An
adjudicated
status
offender,
meaning
a
person
found
3
to
have
committed
an
offense
that
would
not
be
a
criminal
4
offense
if
committed
by
an
adult.
5
(5)
A
nonoffender,
meaning
a
person
in
need
of
supervision
6
who
has
not
been
accused
or
adjudicated
a
status
offender
or
7
delinquent.
8
i.
“Noncompacting
state”
means
any
state
which
has
not
9
enacted
the
enabling
legislation
for
this
compact.
10
j.
“Probation
or
parole”
means
any
kind
of
supervision
or
11
conditional
release
of
juveniles
authorized
under
the
laws
of
12
the
compacting
states.
13
k.
“Rule”
means
a
written
statement
by
the
interstate
14
commission
promulgated
pursuant
to
article
VI
of
this
compact
15
that
is
of
general
applicability,
implements,
interprets
16
or
prescribes
a
policy
or
provision
of
the
compact,
or
an
17
organizational,
procedural,
or
practice
requirement
of
the
18
commission,
and
has
the
force
and
effect
of
statutory
law
in
19
a
compacting
state,
and
includes
the
amendment,
repeal,
or
20
suspension
of
an
existing
rule.
21
l.
“State”
means
a
state
of
the
United
States,
the
District
22
of
Columbia
or
its
designee,
the
Commonwealth
of
Puerto
Rico,
23
the
United
States
Virgin
Islands,
Guam,
American
Samoa,
and
the
24
Northern
Marianas
Islands.
25
3.
Article
III
——
Interstate
commission
for
juveniles.
26
a.
The
compacting
states
hereby
create
the
interstate
27
commission
for
juveniles.
The
commission
shall
be
a
body
28
corporate
and
joint
agency
of
the
compacting
states.
The
29
commission
shall
have
all
the
responsibilities,
powers,
and
30
duties
set
forth
in
this
compact,
and
such
additional
powers
as
31
may
be
conferred
upon
it
by
subsequent
action
of
the
respective
32
legislatures
of
the
compacting
states
in
accordance
with
the
33
terms
of
this
compact.
34
b.
The
interstate
commission
shall
consist
of
commissioners
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appointed
by
the
appropriate
appointing
authority
in
1
each
state
pursuant
to
the
rules
and
requirements
of
each
2
compacting
state
and
in
consultation
with
the
state
council
for
3
interstate
juvenile
supervision
created
in
this
compact.
The
4
commissioner
shall
be
the
compact
administrator,
deputy
compact
5
administrator,
or
designee
from
that
state
who
shall
serve
on
6
the
interstate
commission
in
such
capacity
under
or
pursuant
to
7
the
applicable
law
of
the
compacting
state.
8
c.
In
addition
to
the
commissioners
who
are
the
voting
9
representatives
of
each
state,
the
interstate
commission
shall
10
include
individuals
who
are
not
commissioners,
but
who
are
11
members
of
interested
organizations.
Such
noncommissioner
12
members
must
include
a
member
of
the
national
organizations
13
of
governors,
legislators,
state
chief
justices,
attorneys
14
general,
interstate
compact
for
adult
offender
supervision,
15
interstate
compact
for
the
placement
of
children,
juvenile
16
justice
and
juvenile
corrections
officials,
and
crime
victims.
17
All
noncommissioner
members
of
the
interstate
commission
18
shall
be
ex
officio,
nonvoting
members.
The
interstate
19
commission
may
provide
in
its
bylaws
for
such
additional
ex
20
officio,
nonvoting
members,
including
members
of
other
national
21
organizations,
in
such
numbers
as
shall
be
determined
by
the
22
commission.
23
d.
Each
compacting
state
represented
at
any
meeting
of
24
the
commission
is
entitled
to
one
vote.
A
majority
of
the
25
compacting
states
shall
constitute
a
quorum
for
the
transaction
26
of
business,
unless
a
larger
quorum
is
required
by
the
bylaws
27
of
the
interstate
commission.
28
e.
The
commission
shall
meet
at
least
once
each
calendar
29
year.
The
chairperson
may
call
additional
meetings
and,
upon
30
the
request
of
a
simple
majority
of
the
compacting
states,
31
shall
call
additional
meetings.
Public
notice
shall
be
given
32
of
all
meetings
and
meetings
shall
be
open
to
the
public.
33
f.
The
interstate
commission
shall
establish
an
executive
34
committee,
which
shall
include
commission
officers,
members,
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and
others
as
determined
by
the
bylaws.
The
executive
1
committee
shall
have
the
power
to
act
on
behalf
of
the
2
interstate
commission
during
periods
when
the
interstate
3
commission
is
not
in
session,
with
the
exception
of
rulemaking
4
or
amendment
to
the
compact.
The
executive
committee
shall
5
oversee
the
day-to-day
activities
of
the
administration
of
6
the
compact
managed
by
an
executive
director
and
interstate
7
commission
staff;
administer
enforcement
and
compliance
8
with
the
provisions
of
the
compact,
its
bylaws,
and
rules;
9
and
perform
such
other
duties
as
directed
by
the
interstate
10
commission
or
set
forth
in
the
bylaws.
11
g.
Each
member
of
the
interstate
commission
shall
have
12
the
right
and
power
to
cast
a
vote
to
which
that
compacting
13
state
is
entitled
and
to
participate
in
the
business
and
14
affairs
of
the
interstate
commission.
A
member
shall
vote
in
15
person
and
shall
not
delegate
a
vote
to
another
compacting
16
state.
However,
a
commissioner,
in
consultation
with
the
state
17
council,
shall
appoint
another
authorized
representative,
in
18
the
absence
of
the
commissioner
from
that
state,
to
cast
a
vote
19
on
behalf
of
the
compacting
state
at
a
specified
meeting.
The
20
bylaws
may
provide
for
members’
participation
in
meetings
by
21
telephone
or
other
means
of
telecommunication
or
electronic
22
communication.
23
h.
The
interstate
commission’s
bylaws
shall
establish
24
conditions
and
procedures
under
which
the
interstate
commission
25
shall
make
its
information
and
official
records
available
26
to
the
public
for
inspection
or
copying.
The
interstate
27
commission
may
exempt
from
disclosure
any
information
or
28
official
records
to
the
extent
they
would
adversely
affect
29
personal
privacy
rights
or
proprietary
interests.
30
i.
Public
notice
shall
be
given
of
all
meetings
and
all
31
meetings
shall
be
open
to
the
public,
except
as
set
forth
32
in
the
rules
or
as
otherwise
provided
in
the
compact.
The
33
interstate
commission
and
any
of
its
committees
may
close
a
34
meeting
to
the
public
where
it
determines
by
two-thirds
vote
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that
an
open
meeting
would
be
likely
to:
1
(1)
Relate
solely
to
the
interstate
commission’s
internal
2
personnel
practices
and
procedures.
3
(2)
Disclose
matters
specifically
exempted
from
disclosure
4
by
statute.
5
(3)
Disclose
trade
secrets
or
commercial
or
financial
6
information
which
is
privileged
or
confidential.
7
(4)
Involve
accusing
any
person
of
a
crime,
or
formally
8
censuring
any
person.
9
(5)
Disclose
information
of
a
personal
nature
where
10
disclosure
would
constitute
a
clearly
unwarranted
invasion
of
11
personal
privacy.
12
(6)
Disclose
investigative
records
compiled
for
law
13
enforcement
purposes.
14
(7)
Disclose
information
contained
in
or
related
to
an
15
examination
or
operating
or
condition
reports
prepared
by,
or
16
on
behalf
of
or
for
the
use
of,
the
interstate
commission
with
17
respect
to
a
regulated
person
or
entity
for
the
purpose
of
18
regulation
or
supervision
of
such
person
or
entity.
19
(8)
Disclose
information,
the
premature
disclosure
of
which
20
would
significantly
endanger
the
stability
of
a
regulated
21
person
or
entity.
22
(9)
Specifically
relate
to
the
interstate
commission’s
23
issuance
of
a
subpoena,
or
its
participation
in
a
civil
action
24
or
other
legal
proceeding.
25
j.
For
every
meeting
closed
pursuant
to
this
provision,
the
26
interstate
commission’s
legal
counsel
shall
publicly
certify
27
that,
in
the
legal
counsel’s
opinion,
the
meeting
may
be
closed
28
to
the
public,
and
shall
reference
each
relevant
exemptive
29
provision.
The
interstate
commission
shall
keep
minutes
30
which
shall
fully
and
clearly
describe
all
matters
discussed
31
in
any
meeting
and
shall
provide
a
full
and
accurate
summary
32
of
any
actions
taken,
and
the
reasons
therefore,
including
a
33
description
of
each
of
the
views
expressed
on
any
item
and
the
34
record
of
any
roll
call
vote,
reflected
in
the
vote
of
each
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member
on
the
question.
All
documents
considered
in
connection
1
with
any
action
shall
be
identified
in
such
minutes.
2
k.
The
interstate
commission
shall
collect
standardized
data
3
concerning
the
interstate
movement
of
juveniles
as
directed
4
through
its
rules
which
shall
specify
the
data
to
be
collected,
5
the
means
of
collection,
and
data
exchange
and
reporting
6
requirements.
Such
methods
of
data
collection,
exchange,
and
7
reporting
shall
insofar
as
is
reasonably
possible
conform
to
8
up-to-date
technology
and
coordinate
its
information
functions
9
with
the
appropriate
repository
of
records.
10
4.
Article
IV
——
Powers
and
duties
of
the
interstate
11
commission.
The
commission
shall
have
the
following
powers
and
12
duties:
13
a.
To
provide
for
dispute
resolution
among
compacting
14
states.
15
b.
To
promulgate
rules
to
effect
the
purposes
and
16
obligations
as
enumerated
in
this
compact,
which
shall
have
the
17
force
and
effect
of
statutory
law
and
shall
be
binding
in
the
18
compacting
states
to
the
extent
and
in
the
manner
provided
in
19
this
compact.
20
c.
To
oversee,
supervise,
and
coordinate
the
interstate
21
movement
of
juveniles
subject
to
the
terms
of
this
compact
and
22
any
bylaws
adopted
and
rules
promulgated
by
the
interstate
23
commission.
24
d.
To
enforce
compliance
with
the
compact
provisions,
the
25
rules
promulgated
by
the
interstate
commission,
and
the
bylaws,
26
using
all
necessary
and
proper
means,
including
but
not
limited
27
to
the
use
of
judicial
process.
28
e.
To
establish
and
maintain
offices
which
shall
be
located
29
within
one
or
more
of
the
compacting
states.
30
f.
To
purchase
and
maintain
insurance
and
bonds.
31
g.
To
borrow,
accept,
hire,
or
contract
for
services
of
32
personnel.
33
h.
To
establish
and
appoint
committees
and
hire
staff
34
which
it
deems
necessary
for
the
carrying
out
of
its
functions
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including
but
not
limited
to
an
executive
committee
as
required
1
by
article
III
which
shall
have
the
power
to
act
on
behalf
of
2
the
interstate
commission
in
carrying
out
its
powers
and
duties
3
hereunder.
4
i.
To
elect
or
appoint
such
officers,
attorneys,
employees,
5
agents,
or
consultants,
and
to
fix
their
compensation,
define
6
their
duties
and
determine
their
qualifications;
and
to
7
establish
the
interstate
commission’s
personnel
policies
and
8
programs
relating
to,
inter
alia,
conflicts
of
interest,
rates
9
of
compensation,
and
qualifications
of
personnel.
10
j.
To
accept
any
and
all
donations
and
grants
of
money,
11
equipment,
supplies,
materials,
and
services,
and
to
receive,
12
utilize,
and
dispose
of
it.
13
k.
To
lease,
purchase,
accept
contributions
or
donations
of,
14
or
otherwise
to
own,
hold,
improve,
or
use
any
property,
real,
15
personal,
or
mixed.
16
l.
To
sell,
convey,
mortgage,
pledge,
lease,
exchange,
17
abandon,
or
otherwise
dispose
of
any
property,
real,
personal,
18
or
mixed.
19
m.
To
establish
a
budget
and
make
expenditures
and
levy
20
dues
as
provided
in
article
VIII
of
this
compact.
21
n.
To
sue
and
be
sued.
22
o.
To
adopt
a
seal
and
bylaws
governing
the
management
and
23
operation
of
the
interstate
commission.
24
p.
To
perform
such
functions
as
may
be
necessary
or
25
appropriate
to
achieve
the
purposes
of
this
compact.
26
q.
To
report
annually
to
the
legislatures,
governors,
27
judiciary,
and
state
councils
of
the
compacting
states
28
concerning
the
activities
of
the
interstate
commission
during
29
the
preceding
year.
Such
reports
shall
also
include
any
30
recommendations
that
may
have
been
adopted
by
the
interstate
31
commission.
32
r.
To
coordinate
education,
training,
and
public
awareness
33
regarding
the
interstate
movement
of
juveniles
for
officials
34
involved
in
such
activity.
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s.
To
establish
uniform
standards
of
the
reporting,
1
collecting,
and
exchanging
of
data.
2
t.
The
interstate
commission
shall
maintain
its
corporate
3
books
and
records
in
accordance
with
the
bylaws.
4
5.
Article
V
——
Organization
and
operation
of
the
interstate
5
commission.
6
a.
Bylaws.
The
interstate
commission
shall,
by
a
majority
7
of
the
members
present
and
voting,
within
twelve
months
after
8
the
first
interstate
commission
meeting,
adopt
bylaws
to
govern
9
its
conduct
as
may
be
necessary
or
appropriate
to
carry
out
the
10
purposes
of
the
compact,
including
but
not
limited
to
all
of
11
the
following:
12
(1)
Establishing
the
fiscal
year
of
the
interstate
13
commission.
14
(2)
Establishing
an
executive
committee
and
such
other
15
committees
as
may
be
necessary.
16
(3)
Provide
for
the
establishment
of
committees
governing
17
any
general
or
specific
delegation
of
any
authority
or
function
18
of
the
interstate
commission.
19
(4)
Providing
reasonable
procedures
for
calling
and
20
conducting
meetings
of
the
interstate
commission
and
ensuring
21
reasonable
notice
of
each
such
meeting.
22
(5)
Establishing
the
titles
and
responsibilities
of
the
23
officers
of
the
interstate
commission.
24
(6)
Providing
a
mechanism
for
concluding
the
operations
of
25
the
interstate
commission
and
the
return
of
any
surplus
funds
26
that
may
exist
upon
the
termination
of
the
compact
after
the
27
payment
or
reserving
of
all
of
its
debts
and
obligations.
28
(7)
Providing
“start-up”
rules
for
initial
administration
29
of
the
compact.
30
(8)
Establishing
standards
and
procedures
for
compliance
31
and
technical
assistance
in
carrying
out
the
compact.
32
b.
Officers
and
staff.
33
(1)
The
interstate
commission
shall,
by
a
majority
of
the
34
members,
elect
annually
from
among
its
members
a
chairperson
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and
a
vice
chairperson,
each
of
whom
shall
have
such
authority
1
and
duties
as
may
be
specified
in
the
bylaws.
The
chairperson
2
or,
in
the
chairperson’s
absence
or
disability,
the
vice
3
chairperson
shall
preside
at
all
meetings
of
the
interstate
4
commission.
The
officers
so
elected
shall
serve
without
5
compensation
or
remuneration
from
the
interstate
commission;
6
provided
that,
subject
to
the
availability
of
budgeted
funds,
7
the
officers
shall
be
reimbursed
for
any
ordinary
and
necessary
8
costs
and
expenses
incurred
by
them
in
the
performance
of
their
9
duties
and
responsibilities
as
officers
of
the
interstate
10
commission.
11
(2)
The
interstate
commission
shall,
through
its
executive
12
committee,
appoint
or
retain
an
executive
director
for
13
such
period,
upon
such
terms
and
conditions
and
for
such
14
compensation
as
the
interstate
commission
may
deem
appropriate.
15
The
executive
director
shall
serve
as
secretary
to
the
16
interstate
commission,
but
shall
not
be
a
member
and
shall
hire
17
and
supervise
such
other
staff
as
may
be
authorized
by
the
18
interstate
commission.
19
c.
Immunity,
defense,
and
indemnification.
20
(1)
The
commission’s
executive
director
and
employees
shall
21
be
immune
from
suit
and
liability,
either
personally
or
in
22
their
official
capacity,
for
any
claim
for
damage
to
or
loss
23
of
property
or
personal
injury
or
other
civil
liability
caused
24
or
arising
out
of
or
relating
to
any
actual
or
alleged
act,
25
error,
or
omission
that
occurred,
or
that
such
person
had
a
26
reasonable
basis
for
believing
occurred
within
the
scope
of
27
commission
employment,
duties,
or
responsibilities;
provided,
28
that
any
such
person
shall
not
be
protected
from
suit
or
29
liability
for
any
damage,
loss,
injury,
or
liability
caused
by
30
the
intentional
or
willful
and
wanton
misconduct
of
any
such
31
person.
32
(2)
The
liability
of
any
commissioner,
or
the
employee
33
or
agent
of
a
commissioner,
acting
within
the
scope
of
such
34
person’s
employment
or
duties
for
acts,
errors,
or
omissions
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occurring
within
such
person’s
state
may
not
exceed
the
limits
1
of
liability
set
forth
under
the
constitution
and
laws
of
that
2
state
for
state
officials,
employees,
and
agents.
Nothing
3
in
this
subparagraph
shall
be
construed
to
protect
any
such
4
person
from
suit
or
liability
for
any
damage,
loss,
injury,
5
or
liability
caused
by
the
intentional
or
willful
and
wanton
6
misconduct
of
any
such
person.
7
(3)
The
interstate
commission
shall
defend
the
executive
8
director
or
the
employees
or
representatives
of
the
interstate
9
commission
and,
subject
to
the
approval
of
the
attorney
general
10
of
the
state
represented
by
any
commissioner
of
a
compacting
11
state,
shall
defend
such
commissioner
or
the
commissioner’s
12
representatives
or
employees
in
any
civil
action
seeking
to
13
impose
liability
arising
out
of
any
actual
or
alleged
act,
14
error,
or
omission
that
occurred
within
the
scope
of
interstate
15
commission
employment,
duties,
or
responsibilities,
or
that
16
the
defendant
had
a
reasonable
basis
for
believing
occurred
17
within
the
scope
of
interstate
commission
employment,
duties,
18
or
responsibilities,
provided
that
the
actual
or
alleged
act,
19
error,
or
omission
did
not
result
from
intentional
or
willful
20
and
wanton
misconduct
on
the
part
of
such
person.
21
(4)
The
interstate
commission
shall
indemnify
and
hold
22
the
commissioner
of
a
compacting
state,
or
the
commissioner’s
23
representatives
or
employees,
or
the
interstate
commission’s
24
representatives
or
employees,
harmless
in
the
amount
of
any
25
settlement
or
judgment
obtained
against
such
persons
arising
26
out
of
any
actual
or
alleged
act,
error,
or
omission
that
27
occurred
within
the
scope
of
interstate
commission
employment,
28
duties,
or
responsibilities,
or
that
such
persons
had
a
29
reasonable
basis
for
believing
occurred
within
the
scope
of
30
interstate
commission
employment,
duties,
or
responsibilities,
31
provided
that
the
actual
or
alleged
act,
error,
or
omission
did
32
not
result
from
intentional
or
willful
and
wanton
misconduct
on
33
the
part
of
such
persons.
34
6.
Article
VI
——
Rulemaking
functions
of
the
interstate
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commission.
1
a.
The
interstate
commission
shall
promulgate
and
publish
2
rules
in
order
to
effectively
and
efficiently
achieve
the
3
purposes
of
the
compact.
4
b.
Rulemaking
shall
occur
pursuant
to
the
criteria
set
5
forth
in
this
article
and
the
bylaws
and
rules
adopted
pursuant
6
thereto.
Such
rulemaking
shall
substantially
conform
to
the
7
principles
of
the
model
state
administrative
procedures
Act,
8
1981
Act,
Uniform
Laws
Annotated,
Vol.
15,
p.1
(2000),
or
9
such
other
administrative
procedures
act,
as
the
interstate
10
commission
deems
appropriate
consistent
with
due
process
11
requirements
under
the
Constitution
of
the
United
States
as
now
12
or
hereafter
interpreted
by
the
United
States
supreme
court.
13
All
rules
and
amendments
shall
become
binding
as
of
the
date
14
specified,
as
published
with
the
final
version
of
the
rule
as
15
approved
by
the
commission.
16
c.
When
promulgating
a
rule,
the
interstate
commission
17
shall,
at
a
minimum,
do
all
of
the
following:
18
(1)
Publish
the
proposed
rule’s
entire
text
stating
the
19
reasons
for
that
proposed
rule.
20
(2)
Allow
and
invite
any
and
all
persons
to
submit
written
21
data,
facts,
opinions,
and
arguments,
which
information
shall
22
be
added
to
the
record,
and
be
made
publicly
available.
23
(3)
Provide
an
opportunity
for
an
informal
hearing
if
24
petitioned
by
ten
or
more
persons.
25
(4)
Promulgate
a
final
rule
and
its
effective
date,
if
26
appropriate,
based
on
input
from
state
or
local
officials,
or
27
interested
parties.
28
d.
Allow,
not
later
than
sixty
days
after
a
rule
is
29
promulgated,
any
interested
person
to
file
a
petition
in
the
30
United
States
district
court
for
the
District
of
Columbia
or
in
31
the
federal
district
court
where
the
interstate
commission’s
32
principal
office
is
located
for
judicial
review
of
such
rule.
33
If
the
court
finds
that
the
interstate
commission’s
action
is
34
not
supported
by
substantial
evidence
in
the
rulemaking
record,
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the
court
shall
hold
the
rule
unlawful
and
set
it
aside.
For
1
purposes
of
this
lettered
paragraph,
evidence
is
substantial
2
if
it
would
be
considered
substantial
evidence
under
the
model
3
state
administrative
procedures
Act.
4
e.
If
a
majority
of
the
legislatures
of
the
compacting
5
states
rejects
a
rule,
those
states
may,
by
enactment
of
a
6
statute
or
resolution
in
the
same
manner
used
to
adopt
the
7
compact,
cause
that
such
rule
shall
have
no
further
force
and
8
effect
in
any
compacting
state.
9
f.
The
existing
rules
governing
the
operation
of
the
10
interstate
compact
on
juveniles
superseded
by
this
compact
11
shall
be
null
and
void
twelve
months
after
the
first
meeting
of
12
the
interstate
commission
created
hereunder.
13
g.
Upon
determination
by
the
interstate
commission
that
14
a
state
of
emergency
exists,
it
may
promulgate
an
emergency
15
rule
which
shall
become
effective
immediately
upon
adoption,
16
provided
that
the
usual
rulemaking
procedures
provided
17
hereunder
shall
be
retroactively
applied
to
said
rule
as
soon
18
as
reasonably
possible,
but
no
later
than
ninety
days
after
the
19
effective
date
of
the
emergency
rule.
20
7.
Article
VII
——
Oversight,
enforcement,
and
dispute
21
resolution
by
the
interstate
commission.
22
a.
Oversight.
23
(1)
The
interstate
commission
shall
oversee
the
24
administration
and
operations
of
the
interstate
movement
of
25
juveniles
subject
to
this
compact
in
the
compacting
states
26
and
shall
monitor
such
activities
being
administered
in
27
noncompacting
states
which
may
significantly
affect
compacting
28
states.
29
(2)
The
courts
and
executive
agencies
in
each
compacting
30
state
shall
enforce
this
compact
and
shall
take
all
actions
31
necessary
and
appropriate
to
effectuate
the
compact’s
32
purposes
and
intent.
The
provisions
of
this
compact
and
the
33
rules
promulgated
hereunder
shall
be
received
by
all
the
34
judges,
public
officers,
commissions,
and
departments
of
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the
state
government
as
evidence
of
the
authorized
statute
1
and
administrative
rules.
All
courts
shall
take
judicial
2
notice
of
the
compact
and
the
rules.
In
any
judicial
or
3
administrative
proceeding
in
a
compacting
state
pertaining
to
4
the
subject
matter
of
this
compact
which
may
affect
the
powers,
5
responsibilities,
or
actions
of
the
interstate
commission,
it
6
shall
be
entitled
to
receive
all
service
of
process
in
any
7
such
proceeding,
and
shall
have
standing
to
intervene
in
the
8
proceeding
for
all
purposes.
9
b.
Dispute
resolution.
10
(1)
The
compacting
states
shall
report
to
the
interstate
11
commission
on
all
issues
and
activities
necessary
for
the
12
administration
of
the
compact
as
well
as
issues
and
activities
13
pertaining
to
compliance
with
the
provisions
of
the
compact
and
14
its
bylaws
and
rules.
15
(2)
The
interstate
commission
shall
attempt,
upon
the
16
request
of
a
compacting
state,
to
resolve
any
disputes
or
17
other
issues
which
are
subject
to
the
compact
and
which
may
18
arise
among
compacting
states
and
between
compacting
and
19
noncompacting
states.
The
commission
shall
promulgate
a
rule
20
providing
for
both
mediation
and
binding
dispute
resolution
for
21
disputes
among
the
compacting
states.
22
(3)
The
interstate
commission,
in
the
reasonable
exercise
23
of
its
discretion,
shall
enforce
the
provisions
and
rules
of
24
this
compact
using
any
or
all
means
set
forth
in
article
XI
of
25
this
compact.
26
8.
Article
VIII
——
Finance.
27
a.
The
interstate
commission
shall
pay
or
provide
for
28
the
payment
of
the
reasonable
expenses
of
its
establishment,
29
organization,
and
ongoing
activities.
30
b.
The
interstate
commission
shall
levy
on
and
collect
an
31
annual
assessment
from
each
compacting
state
to
cover
the
cost
32
of
the
internal
operations
and
activities
of
the
interstate
33
commission
and
its
staff
which
must
be
in
a
total
amount
34
sufficient
to
cover
the
interstate
commission’s
annual
budget
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as
approved
each
year.
The
aggregate
annual
assessment
amount
1
shall
be
allocated
based
upon
a
formula
to
be
determined
by
the
2
interstate
commission,
taking
into
consideration
the
population
3
of
each
compacting
state
and
the
volume
of
interstate
movement
4
of
juveniles
in
each
compacting
state
and
shall
promulgate
a
5
rule
binding
upon
all
compacting
states
which
governs
said
6
assessment.
7
c.
The
interstate
commission
shall
not
incur
any
obligations
8
of
any
kind
prior
to
securing
the
funds
adequate
to
meet
the
9
same;
nor
shall
the
interstate
commission
pledge
the
credit
of
10
any
of
the
compacting
states,
except
by
and
with
the
authority
11
of
the
compacting
state.
12
d.
The
interstate
commission
shall
keep
accurate
accounts
of
13
all
receipts
and
disbursements.
The
receipts
and
disbursements
14
of
the
interstate
commission
shall
be
subject
to
the
audit
15
and
accounting
procedures
established
under
its
bylaws.
16
However,
all
receipts
and
disbursements
of
funds
handled
by
the
17
interstate
commission
shall
be
audited
yearly
by
a
certified
or
18
licensed
public
accountant
and
the
report
of
the
audit
shall
19
be
included
in
and
become
part
of
the
annual
report
of
the
20
interstate
commission.
21
9.
Article
IX
——
The
state
council.
Each
member
state
shall
22
create
a
state
council
for
interstate
juvenile
supervision.
23
While
each
state
may
determine
the
membership
of
its
own
24
state
council,
its
membership
must
include
at
least
one
25
representative
from
the
legislative,
judicial,
and
executive
26
branches
of
government,
victims
groups,
and
the
compact
27
administrator,
deputy
compact
administrator,
or
designee.
28
Each
compacting
state
retains
the
right
to
determine
the
29
qualifications
of
the
compact
administrator
or
deputy
compact
30
administrator.
Each
state
council
will
advise
and
may
exercise
31
oversight
and
advocacy
concerning
that
state’s
participation
32
in
interstate
commission
activities
and
other
duties
as
may
33
be
determined
by
that
state,
including
but
not
limited
to
34
development
of
policy
concerning
operations
and
procedures
of
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the
compact
within
that
state.
1
10.
Article
X
——
Compacting
states,
effective
date,
and
2
amendment.
3
a.
Any
state,
the
District
of
Columbia,
or
its
designee,
the
4
Commonwealth
of
Puerto
Rico,
the
United
States
Virgin
Islands,
5
Guam,
American
Samoa,
and
the
Northern
Marianas
Islands
as
6
defined
in
article
II
of
this
compact
is
eligible
to
become
a
7
compacting
state.
8
b.
The
compact
shall
become
effective
and
binding
upon
9
legislative
enactment
of
the
compact
into
law
by
no
less
than
10
thirty-five
of
the
states.
The
initial
effective
date
shall
11
be
the
later
of
July
1,
2004,
or
upon
enactment
into
law
by
12
the
thirty-fifth
jurisdiction.
Thereafter
it
shall
become
13
effective
and
binding
as
to
any
other
compacting
state
upon
14
enactment
of
the
compact
into
law
by
that
state.
The
governors
15
of
nonmember
states
or
their
designees
shall
be
invited
to
16
participate
in
the
activities
of
the
interstate
commission
on
a
17
nonvoting
basis
prior
to
adoption
of
the
compact
by
all
states
18
and
territories
of
the
United
States.
19
c.
The
interstate
commission
may
propose
amendments
to
the
20
compact
for
enactment
by
the
compacting
states.
No
amendment
21
shall
become
effective
and
binding
upon
the
interstate
22
commission
and
the
compacting
states
unless
and
until
it
is
23
enacted
into
law
by
unanimous
consent
of
the
compacting
states.
24
11.
Article
XI
——
Withdrawal,
default,
termination,
and
25
judicial
enforcement.
26
a.
Withdrawal.
27
(1)
Once
effective,
the
compact
shall
continue
in
force
and
28
remain
binding
upon
each
and
every
compacting
state;
provided
29
that
a
compacting
state
may
withdraw
from
the
compact
by
30
specifically
repealing
the
statute
which
enacted
the
compact
31
into
law.
32
(2)
The
effective
date
of
withdrawal
is
the
effective
date
33
of
the
repeal.
34
(3)
The
withdrawing
state
shall
immediately
notify
the
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chairperson
of
the
interstate
commission
in
writing
upon
the
1
introduction
of
legislation
repealing
this
compact
in
the
2
withdrawing
state.
The
interstate
commission
shall
notify
the
3
other
compacting
states
of
the
withdrawing
state’s
intent
to
4
withdraw
within
sixty
days
of
its
receipt
thereof.
5
(4)
The
withdrawing
state
is
responsible
for
all
6
assessments,
obligations,
and
liabilities
incurred
through
7
the
effective
date
of
withdrawal,
including
any
obligations,
8
the
performance
of
which
extend
beyond
the
effective
date
of
9
withdrawal.
10
(5)
Reinstatement
following
withdrawal
of
any
compacting
11
state
shall
occur
upon
the
withdrawing
state
reenacting
the
12
compact
or
upon
such
later
date
as
determined
by
the
interstate
13
commission.
14
b.
Technical
assistance,
fines,
suspension,
termination,
and
15
default.
16
(1)
If
the
interstate
commission
determines
that
any
17
compacting
state
has
at
any
time
defaulted
in
the
performance
18
of
any
of
its
obligations
or
responsibilities
under
this
19
compact,
or
the
bylaws
or
duly
promulgated
rules,
the
20
interstate
commission
may
impose
any
or
all
of
the
following
21
penalties:
22
(a)
Remedial
training
and
technical
assistance
as
directed
23
by
the
interstate
commission.
24
(b)
Alternative
dispute
resolution.
25
(c)
Fines,
fees,
and
costs
in
such
amounts
as
are
deemed
to
26
be
reasonable
as
fixed
by
the
interstate
commission.
27
(d)
Suspension
or
termination
of
membership
in
the
compact,
28
which
shall
be
imposed
only
after
all
other
reasonable
29
means
of
securing
compliance
under
the
bylaws
and
rules
have
30
been
exhausted
and
the
interstate
commission
has
therefore
31
determined
that
the
offending
state
is
in
default.
Immediate
32
notice
of
suspension
shall
be
given
by
the
interstate
33
commission
to
the
governor,
the
chief
justice
or
the
chief
34
judicial
officer
of
the
state,
the
majority
and
minority
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leaders
of
the
defaulting
state’s
legislature,
and
the
state
1
council.
2
(2)
The
grounds
for
default
include,
but
are
not
limited
to,
3
failure
of
a
compacting
state
to
perform
such
obligations
or
4
responsibilities
imposed
upon
it
by
this
compact,
the
bylaws
5
or
duly
promulgated
rules,
and
any
other
grounds
designated
in
6
commission
bylaws
and
rules.
7
(3)
The
interstate
commission
shall
immediately
notify
8
the
defaulting
state
in
writing
of
the
penalty
imposed
by
the
9
interstate
commission
and
of
the
default
pending
a
cure
of
10
the
default.
The
commission
shall
stipulate
the
conditions
11
and
the
time
period
within
which
the
defaulting
state
must
12
cure
its
default.
If
the
defaulting
state
fails
to
cure
the
13
default
within
the
time
period
specified
by
the
commission,
14
the
defaulting
state
shall
be
terminated
from
the
compact
upon
15
an
affirmative
vote
of
a
majority
of
the
compacting
states
and
16
all
rights,
privileges,
and
benefits
conferred
by
this
compact
17
shall
be
terminated
from
the
effective
date
of
termination.
18
(4)
Within
sixty
days
of
the
effective
date
of
termination
19
of
a
defaulting
state,
the
commission
shall
notify
the
20
governor,
the
chief
justice
or
chief
judicial
officer,
the
21
majority
and
minority
leaders
of
the
defaulting
state’s
22
legislature,
and
the
state
council
of
such
termination.
23
(5)
The
defaulting
state
is
responsible
for
all
24
assessments,
obligations,
and
liabilities
incurred
through
25
the
effective
date
of
termination
including
any
obligations,
26
the
performance
of
which
extends
beyond
the
effective
date
of
27
termination.
28
(6)
The
interstate
commission
shall
not
bear
any
costs
29
relating
to
the
defaulting
state
unless
otherwise
mutually
30
agreed
upon
in
writing
between
the
interstate
commission
and
31
the
defaulting
state.
32
(7)
Reinstatement
following
termination
of
any
compacting
33
state
requires
both
a
reenactment
of
the
compact
by
the
34
defaulting
state
and
the
approval
of
the
interstate
commission
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pursuant
to
the
rules.
1
c.
Judicial
enforcement.
The
interstate
commission
may,
2
by
majority
vote
of
the
members,
initiate
legal
action
in
the
3
United
States
district
court
for
the
District
of
Columbia
or,
4
at
the
discretion
of
the
interstate
commission,
in
the
federal
5
district
where
the
interstate
commission
has
its
offices,
to
6
enforce
compliance
with
the
provisions
of
the
compact,
its
duly
7
promulgated
rules
and
bylaws,
against
any
compacting
state
in
8
default.
In
the
event
judicial
enforcement
is
necessary
the
9
prevailing
party
shall
be
awarded
all
costs
of
such
litigation
10
including
reasonable
attorney
fees.
11
d.
Dissolution
of
compact.
12
(1)
The
compact
dissolves
effective
upon
the
date
of
the
13
withdrawal
or
default
of
the
compacting
state,
which
reduces
14
membership
in
the
compact
to
one
compacting
state.
15
(2)
Upon
the
dissolution
of
this
compact,
the
compact
16
becomes
null
and
void
and
shall
be
of
no
further
force
17
or
effect,
and
the
business
and
affairs
of
the
interstate
18
commission
shall
be
concluded
and
any
surplus
funds
shall
be
19
distributed
in
accordance
with
the
bylaws.
20
12.
Article
XII
——
Severability
and
construction.
21
a.
The
provisions
of
this
compact
shall
be
severable,
22
and
if
any
phrase,
clause,
sentence,
or
provision
is
deemed
23
unenforceable,
the
remaining
provisions
of
the
compact
shall
24
be
enforceable.
25
b.
The
provisions
of
this
compact
shall
be
liberally
26
construed
to
effectuate
its
purposes.
27
13.
Article
XIII
——
Binding
effect
of
compact
and
other
laws.
28
a.
Other
laws.
29
(1)
Nothing
in
this
compact
prevents
the
enforcement
of
any
30
other
law
of
a
compacting
state
that
is
not
inconsistent
with
31
this
compact.
32
(2)
All
compacting
states’
laws
other
than
state
33
constitutions
and
other
interstate
compacts
conflicting
with
34
this
compact
are
superseded
to
the
extent
of
the
conflict.
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b.
Binding
effect
of
the
compact.
1
(1)
All
lawful
actions
of
the
interstate
commission,
2
including
all
rules
and
bylaws
promulgated
by
the
interstate
3
commission,
are
binding
upon
the
compacting
states.
4
(2)
All
agreements
between
the
interstate
commission
and
5
the
compacting
states
are
binding
in
accordance
with
their
6
terms.
7
(3)
Upon
the
request
of
a
party
to
a
conflict
over
meaning
8
or
interpretation
of
interstate
commission
actions,
and
upon
9
a
majority
vote
of
the
compacting
states,
the
interstate
10
commission
may
issue
advisory
opinions
regarding
such
meaning
11
or
interpretation.
12
(4)
In
the
event
any
provision
of
this
compact
exceeds
13
the
constitutional
limits
imposed
on
the
legislature
of
14
any
compacting
state,
the
obligations,
duties,
powers,
or
15
jurisdiction
sought
to
be
conferred
by
such
provision
upon
16
the
interstate
commission
shall
be
ineffective
and
such
17
obligations,
duties,
powers,
or
jurisdiction
shall
remain
in
18
the
compacting
state
and
shall
be
exercised
by
the
agency
19
thereof
to
which
such
obligations,
duties,
powers,
or
20
jurisdiction
are
delegated
by
law
in
effect
at
the
time
this
21
compact
becomes
effective.
22
DIVISION
IX
23
MISCELLANEOUS
24
Sec.
62.
Section
135.12,
Code
2009,
is
amended
by
striking
25
the
section
and
inserting
in
lieu
thereof
the
following:
26
135.12
Office
of
minority
and
multicultural
health
——
27
established
——
duties.
28
1.
The
office
of
minority
and
multicultural
health
is
29
established
in
the
department.
The
purpose
of
the
office
30
is
to
improve
the
health
of
racial
and
ethnic
minorities
by
31
bridging
communication,
delivery,
and
service
requirements,
32
and
by
providing
customized
services
and
practical
approaches
33
to
problems
and
issues
encountered
by
organizations
and
34
communities
working
to
address
the
needs
of
these
populations.
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2.
The
office
of
minority
and
multicultural
health
shall
be
1
responsible
for
all
of
the
following:
2
a.
Serving
as
the
liaison
and
advocate
for
the
department
on
3
minority
and
multicultural
health
matters.
4
b.
Assisting
academic
institutions,
state
agencies,
5
community
groups,
and
other
entities
in
institutionalizing
6
cultural
competency
within
the
health
care
workforce
and
7
delivery
system
through
education,
training,
and
practice
to
8
effectively
address
cross-cultural
disparity
and
achieve
health
9
equity.
10
c.
Promoting
community
strategic
planning.
11
d.
Reviewing
the
impact
of
programs,
regulations,
and
12
health
care
resource
policies
on
the
delivery
of
and
access
to
13
minority
and
multicultural
health
services.
14
Sec.
63.
Section
453A.35,
subsection
1,
Code
Supplement
15
2009,
is
amended
to
read
as
follows:
16
1.
The
proceeds
derived
from
the
sale
of
stamps
and
the
17
payment
of
taxes,
fees,
and
penalties
provided
for
under
this
18
chapter,
and
the
permit
fees
received
from
all
permits
issued
19
by
the
department,
shall
be
credited
to
the
general
fund
of
20
the
state.
However,
of
the
revenues
generated
from
the
tax
on
21
cigarettes
pursuant
to
section
453A.6,
subsection
1,
and
from
22
the
tax
on
tobacco
products
as
specified
in
section
453A.43,
23
subsections
1,
2,
3,
and
4,
and
credited
to
the
general
fund
24
of
the
state
under
this
subsection,
there
is
appropriated,
25
annually,
to
the
health
care
trust
fund
created
in
section
26
453A.35A,
the
first
one
hundred
seventeen
six
million
seven
27
hundred
ninety-six
sixteen
thousand
four
hundred
dollars.
28
Sec.
64.
Section
692A.115,
Code
Supplement
2009,
is
amended
29
to
read
as
follows:
30
692A.115
Employment
where
dependent
adults
reside.
31
1.
A
Unless
authorized
as
provided
in
subsection
2,
a
sex
32
offender
shall
not
be
an
employee
of
a
facility
providing
33
services
for
dependent
adults
or
at
events
where
dependent
34
adults
participate
in
programming
and
shall
not
loiter
on
the
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premises
or
grounds
of
a
facility
or
at
an
event
providing
such
1
services
or
programming.
2
2.
An
adult
sex
offender
who
is
a
patient
or
resident
3
of
a
health
care
facility
as
defined
in
section
135C.1,
4
a
participant
in
a
medical
assistance
program
home
and
5
community-based
services
waiver
program,
or
a
participant
in
a
6
medical
assistance
state
plan
employment
services
as
part
of
7
the
participant’s
habilitation
plan
shall
not
be
considered
to
8
be
in
violation
of
subsection
1.
9
EXPLANATION
10
This
bill
relates
to
and
makes
appropriations
for
health
11
and
human
services
for
fiscal
year
2010-2011
to
the
department
12
of
veterans
affairs,
the
Iowa
veterans
home,
the
department
on
13
aging,
the
department
of
public
health,
Iowa
finance
authority,
14
state
board
of
regents,
department
of
inspections
and
appeals,
15
and
the
department
of
human
services.
The
bill
is
organized
16
into
divisions.
17
DEPARTMENT
ON
AGING.
This
division
appropriates
funding
18
from
the
general
fund
of
the
state
for
the
department
on
aging.
19
DEPARTMENT
OF
PUBLIC
HEALTH.
This
division
appropriates
20
funding
from
the
general
fund
of
the
state
for
the
department
21
of
public
health.
22
DEPARTMENT
OF
VETERANS
AFFAIRS.
This
division
appropriates
23
funding
from
the
general
fund
of
the
state
for
the
department
24
of
veterans
affairs.
25
DEPARTMENT
OF
HUMAN
SERVICES.
The
division
appropriates
26
funding
from
the
general
fund
of
the
state
and
the
federal
27
temporary
assistance
for
needy
families
block
grant
to
the
28
department
of
human
services.
The
allocation
for
the
family
29
development
and
self-sufficiency
grant
program
is
made
directly
30
to
the
department
of
human
rights.
31
An
appropriation
is
made
from
the
health
care
trust
fund
for
32
the
medical
assistance
(Medicaid)
program
in
addition
to
the
33
general
fund
appropriation
made
for
this
purpose.
34
The
department
is
required
to
establish
a
transition
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committee
to
develop
a
plan
for
improving
coordination
1
and
integration
of
mental
health
services
and
outcomes
for
2
children,
as
well
as
alignment
of
the
services
and
outcomes
3
with
the
child
welfare
system.
Among
other
provisions,
the
4
plan
is
required
to
address
transitioning
administration
of
the
5
remedial
services
program
from
a
fee-for-service
approach
to
6
the
Iowa
plan,
using
the
behavioral
health
managed
care
plan.
7
The
committee
is
required
to
include
various
departmental
8
staff,
the
Iowa
plan
administrator,
and
providers
and
complete
9
the
plan
by
December
31,
2010.
The
department
may
implement
10
the
plan
if
it
determines
the
plan
meets
legislative
intent.
11
The
reimbursement
section
addresses
reimbursement
for
12
providers
reimbursed
by
the
department
of
human
services.
13
SENIOR
LIVING
TRUST
FUND,
PHARMACEUTICAL
SETTLEMENT
ACCOUNT,
14
IOWACARE
ACCOUNT,
AND
HEALTH
CARE
TRANSFORMATION
ACCOUNT.
This
15
division
makes
appropriations
for
fiscal
year
2009-2010
from
16
the
senior
living
trust
fund
to
the
department
on
aging,
the
17
department
of
human
services,
the
department
of
inspections
and
18
appeals,
and
the
Iowa
finance
authority.
19
The
division
makes
an
appropriation
from
the
pharmaceutical
20
settlement
account
to
the
department
of
human
services
to
21
supplement
the
medical
contracts
appropriation.
22
The
division
makes
appropriations
from
the
IowaCare
23
account
to
the
state
board
of
regents
for
distribution
to
the
24
university
of
Iowa
hospitals
and
clinics
and
to
the
department
25
of
human
services
for
distribution
to
a
publicly
owned
acute
26
care
teaching
hospital
in
a
county
with
a
population
over
27
350,000
related
to
the
IowaCare
program
and
indigent
care.
The
28
division
makes
an
appropriation
to
the
department
of
human
29
services
from
the
health
care
transformation
account
for
30
various
health
care
reform
initiatives.
31
The
division
provides
that
if
the
total
amount
appropriated
32
from
all
sources
for
the
medical
assistance
program
for
fiscal
33
year
2009-2010
exceeds
the
amount
needed,
the
excess
remains
34
available
to
be
used
for
the
program
in
the
succeeding
fiscal
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year.
1
MH/MR/DD
SERVICES
ALLOWED
GROWTH
FUNDING
——
FISCAL
YEAR
2
2010-2011.
This
division
allocates
the
appropriation
made
in
3
2009
Iowa
Acts,
chapter
179,
for
distribution
to
counties
for
4
adult
mental
illness,
mental
retardation,
and
developmental
5
disabilities
services
allowed
growth
for
fiscal
year
2010-2011.
6
PRIOR
APPROPRIATIONS
AND
RELATED
CHANGES.
This
7
division
revises
previously
enacted
appropriations
and
8
appropriations-related
provisions.
9
Code
section
231.24,
providing
for
regulation
and
10
certification
of
retirement
communities
by
the
department
11
on
aging,
is
amended
to
authorize
the
department
to
defer
12
implementation
of
the
regulation
as
determined
by
the
13
department’s
director.
14
Code
section
231.33,
relating
to
the
duties
of
the
area
15
agencies
on
aging,
is
amended
to
eliminate
a
requirement
for
16
an
agency
to
require
the
annual
completion
by
agency
board
of
17
directors
members
of
four
hours
of
training,
provided
by
the
18
department
on
aging.
19
The
fiscal
year
2010-2011
amount
of
a
multiyear
20
appropriation
made
to
the
department
of
human
services
in
2008
21
Iowa
Acts,
chapter
1188,
to
cover
children
under
the
medical
22
assistance,
hawk-i,
and
hawk-i
expansion
programs
and
outreach
23
under
the
programs,
is
reduced.
24
A
requirement
in
2008
Iowa
Acts,
chapter
1040,
for
the
25
department
on
aging
to
implement
the
initial
provisions
for
26
expanding
and
improving
the
training
of
those
who
deal
with
27
persons
with
Alzheimer’s
and
similar
forms
of
irreversible
28
dementia
by
July
1,
2010,
is
instead
made
contingent
upon
the
29
availability
of
funding
as
determined
by
the
department’s
30
director.
31
A
pilot
project
authorized
in
an
amendment
to
2008
Iowa
32
Acts,
chapter
1187,
for
a
regional
service
network
for
county
33
MH/MR/DD
services,
through
June
30,
2010,
is
extended
for
an
34
additional
year.
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An
initiative
in
2008
Iowa
Acts,
chapter
1188,
requiring
the
1
department
of
public
health
to
establish
a
community
coalition
2
for
addressing
patient
treatment
wishes
based
on
the
national
3
physicians
orders
for
life
sustaining
treatment
program,
is
4
amended
to
eliminate
the
two-year
period
for
the
pilot
and
to
5
delay
the
completion
date
from
June
30,
2010,
to
June
30,
2011.
6
A
provision
in
2009
Iowa
Acts,
chapter
118,
section
38,
7
for
the
department
of
human
services
to
adopt
rules
making
8
various
process
changes
to
the
Medicaid
program,
is
amended
by
9
striking
a
requirement
to
extend
the
period
for
annual
renewal
10
by
program
members
by
mailing
the
renewal
form
to
the
member
on
11
the
first
day
of
the
month
prior
to
the
month
of
renewal.
12
The
fiscal
year
2009-2010
appropriation
to
the
Iowa
veterans
13
home
in
2009
Iowa
Acts,
chapter
182,
section
3,
is
subject
to
14
an
existing
nonreversion
clause
in
Code
section
35D.18.
The
15
nonreversion
authorization
is
modified
to
provide
to
designate
16
the
first
$1
million
for
use
by
the
veterans
home,
the
next
17
$1
million
to
be
transferred
to
the
appropriation
made
to
the
18
department
of
human
services
for
fiscal
year
2010-2011
for
19
field
operations,
and
the
remainder
for
use
by
the
veterans
20
home.
21
The
2009
Iowa
Acts,
chapter
182,
section
9,
fiscal
year
22
2009-2010
appropriations
of
the
federal
Temporary
Assistance
23
for
Needy
Families
block
grant
is
amended
to
provide
that
24
unused
funds
remaining
at
the
close
of
the
fiscal
year
do
not
25
revert
but
remain
available
in
the
succeeding
fiscal
year
for
26
expenditure
for
the
family
investment
program.
27
A
provision
in
2009
Iowa
Acts,
chapter
182,
section
9,
28
appropriation
for
the
Medicaid
program
that
provides
that
29
moneys
remitted
by
the
third
party
administering
behavioral
30
health
services
and
remaining
in
a
separate
account
do
not
31
revert
but
remain
available
for
appropriation
for
health
and
32
human
purposes,
is
amended.
The
amendment
continues
to
set
33
aside
funding
previously
appropriated
for
implementation
of
the
34
emergency
mental
health
crisis
services
and
system,
a
mental
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health
services
system
for
children
or
youth,
and
training
of
1
child
welfare
services
providers
with
the
remainder
of
the
2
funds
to
be
used
for
the
Medicaid
program.
3
The
fiscal
year
2009-2010
appropriation
for
the
state
4
supplementary
assistance
program
in
2009
Iowa
Acts,
chapter
5
182,
section
12,
is
amended
to
include
a
nonreversion
clause
6
providing
that
moneys
remaining
at
the
close
of
the
fiscal
year
7
will
remain
available
to
be
used
for
the
same
purpose
in
the
8
succeeding
fiscal
year.
9
A
provision
relating
to
development
of
a
statewide
10
methodology
for
intellectual
disabilities
waiver
tests
is
11
included
for
implementation
beginning
July
1,
2010.
12
This
division
takes
effect
upon
enactment.
13
INTERSTATE
COMPACT
FOR
JUVENILES.
This
division
replaces
14
the
interstate
compact
on
juveniles
with
a
new
interstate
15
compact
for
juveniles.
16
Code
chapter
232,
the
juvenile
justice
code,
is
amended
17
to
enact
a
new
interstate
compact
for
juveniles
in
new
Code
18
section
232.173.
The
compact
addresses
how
adjudicated
19
juveniles
and
status
offenders
are
provided
adequate
20
supervision
and
services
in
the
states
receiving
the
juveniles,
21
provides
for
addressing
public
safety
concerns,
provides
for
22
returning
juveniles
who
have
run
away,
absconded,
escaped,
or
23
are
accused
of
an
offense
requesting
their
return,
provides
for
24
contracting
between
states
for
cooperative
institutionalization
25
of
delinquent
youth
who
need
special
services,
provides
for
26
effective
tracking
and
supervision,
provides
for
equitably
27
allocating
costs,
benefits,
and
obligations
between
the
states,
28
and
other
similar
related
purposes.
29
The
means
for
achieving
the
purposes
outlined
in
the
30
compact
is
through
rulemaking
promulgated
by
the
interstate
31
commission
for
juveniles,
consisting
of
one
representative
from
32
each
compacting
state.
A
rule
promulgated
by
the
interstate
33
commission
may
be
rejected
if
a
majority
of
the
compacting
34
states
rejects
the
rule.
The
expenses
of
the
interstate
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commission
are
paid
by
assessing
the
compacting
states
1
according
to
a
formula
to
be
adopted
by
the
commission.
Each
2
state
is
to
create
a
state
council
consisting
of
specified
3
interests
to
provide
oversight
of
the
state’s
involvement
in
4
the
interstate
commission.
The
state
has
the
authority
to
5
determine
the
qualifications
of
the
compact
administrator
or
6
deputy
compact
administrator
and
to
designate
the
state’s
7
representative
on
the
interstate
commission.
8
The
terms
of
the
current
compact
took
effect
for
the
9
compacting
states
in
the
fall
of
2009
when
the
35th
state
10
approved
entering
the
compact.
The
new
compact
replaces
the
11
interstate
compact
on
juveniles
in
Code
section
232.171,
which
12
is
repealed
by
the
bill.
Code
section
232.172,
relating
to
13
confinement
of
juvenile
delinquents,
is
amended
to
provide
that
14
for
states
that
have
approved
the
new
compact,
confinement
is
15
governed
by
the
new
compact
and
for
states
that
were
part
of
16
the
compact
being
replaced,
confinement
is
governed
by
terms
of
17
that
compact.
18
MISCELLANEOUS.
This
division
includes
miscellaneous
19
statutory
changes.
20
Code
section
135.12
is
stricken
and
rewritten
to
replace
21
the
office
of
multicultural
health
in
the
department
of
public
22
health
with
an
office
of
minority
and
multicultural
health.
23
Code
section
435A.35,
relating
to
proceeds
of
tobacco
24
taxes
and
fees
paid
to
the
general
fund
and
the
standing
25
appropriation
to
the
health
care
trust
fund,
is
amended
to
26
reduce
the
amount
of
the
standing
appropriation
to
the
trust
27
fund.
28
Code
section
692A.115,
prohibiting
persons
on
the
sex
29
offender
registry
from
employment
in
facilities
providing
30
services
for
dependent
adults,
is
amended
to
allow
such
31
employment
for
adult
offenders
who
are
a
patient
or
resident
32
of
a
health
care
facility,
participant
in
a
Medicaid
program
33
waiver
program,
or
participant
in
Medicaid
program
state
plan
34
employment
services
as
part
of
the
participant’s
habilitation
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