SSB 3171 (LSB 5971XC (9) 83)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY)

A BILL FOR

An Act relating to public funding and regulatory matters by making and revising appropriations made for purposes of health and human services and providing effective dates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  2008 Iowa Acts, chapter 1188, section 16, as amended by 2009 Iowa Acts, chapter 182, section 84, is amended to read as follows:
   SEC. 16.  MEDICAL ASSISTANCE, HAWK-I, AND HAWK-I EXPANSION PROGRAMS —— COVERING CHILDREN —— APPROPRIATION.  There is appropriated from the general fund of the state to the department of human services for the designated fiscal years, the following amounts, or so much thereof as is necessary, for the purpose designated:

   To cover children as provided in this Act under the medical assistance, hawk-i, and hawk-i expansion programs and outreach under the current structure of the programs:

FY 2008-2009 .................................................. $  4,800,000

FY 2009-2010 .................................................. $  4,207,001

_____________________________________________________10,049,532

FY 2010-2011 .................................................. $ 24,800,000

   The amendment to the amount of the appropriation made in this section for FY 2009-2010 incorporates the amount of the uniform reduction made pursuant to executive order number 19 issued October 8, 2009. Of the funds appropriated for FY 2009-2010, $510,249 is allocated for the supplemental dental services under the hawk-i program.
    Sec. 2.  2009 Iowa Acts, chapter 182, is amended by adding the following new section:
   NEW SECTION.  SEC. 5A.  EMERGENCY CONTINGENCY FUND FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES.
   1.  There is appropriated from the federal recovery and reinvestment fund created in section 8.41A to the department of human services for the fiscal year beginning July 1, 2009, and ending June 30, 2010, an amount sufficient to fully fund the family investment program under chapter 239B for the fiscal year.
   2.  The appropriation made in this section is from federal funding available from the emergency contingency fund for temporary assistance for needy families state program established pursuant to the federal American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, § 2101. The funding shall be expended only after the funding appropriated for the family investment program in sections 5, 6, and 7 of this Act have been exhausted. The appropriation shall be expended in accordance with the federal law making the funding available and chapter 239B, notwithstanding section 8.41, 2009 Iowa Acts, chapter 183, section 58, or any other provision to the contrary.
   3.  The department shall report quarterly to the legislative services agency and the department of management concerning the expenditure of the funding appropriated in this section during the previous quarter.
    Sec. 3.  2009 Iowa Acts, chapter 182, section 9, unnumbered paragraph 2, as amended by 2009 Iowa Acts, chapter 179, section 84, is amended to read as follows:

   For medical assistance reimbursement and associated costs as specifically provided in the reimbursement methodologies in effect on June 30, 2009, except as otherwise expressly authorized by law, including reimbursement for abortion services which shall be available under the medical assistance program only for those abortions which are medically necessary:

.................................................. $681,949,840

____________________________________________________590,459,096

   The amendment to the amount of the appropriation made in this section incorporates the amounts of the uniform reduction made pursuant to executive order number 19 issued October 8, 2009, and the transfers made to and from this appropriation pursuant to the authority in section 8.39 and addressed in the notice of appropriation transfer from the department of management dated December 11, 2009.
    Sec. 4.  2009 Iowa Acts, chapter 182, section 9, subsection 11, is amended to read as follows:
   11.  Of the funds appropriated to the medical assistance program in this section 2009 Iowa Acts, chapter 183, section 61, subsection 8, paragraph “a”, the following amounts shall be transferred to appropriations made in this division of this Act to the state mental health institutes:
   a.  Cherokee mental health institute .................................................. $  9,098,425
   b.  Clarinda mental health institute .................................................. $  1,977,305
   c.  Independence mental health institute .................................................. $  9,045,894
   d.  Mount Pleasant mental health institute .................................................. $  5,752,587
    Sec. 5.  2009 Iowa Acts, chapter 182, section 9, is amended by adding the following new subsection:
   NEW SUBSECTION.  23.  Of the funds appropriated in this section, $6,000,000 is allocated for rebasing of nursing facility reimbursement and $237,173 for interpreter services associated with 2009 Iowa Acts, chapter 118, section 29.
    Sec. 6.  2009 Iowa Acts, chapter 182, section 16, subsection 1, unnumbered paragraph 2, is amended to read as follows:

   For child and family services:

.................................................. $ 90,591,451

_____________________________________________________84,023,306

   The amendment to the amount of the appropriation made in this section incorporates the amounts of the uniform reduction made pursuant to executive order number 19 issued October 8, 2009, and the transfer made to this appropriation pursuant to the authority in section 8.39 and addressed in the notice of appropriation transfer from the department of management dated December 11, 2009.
    Sec. 7.  2009 Iowa Acts, chapter 182, section 16, subsection 7, is amended to read as follows:
   7.  Notwithstanding section 234.35 or any other provision of law to the contrary, state funding for shelter care shall be limited to $7,686,460 $8,186,460. The department may continue or amend shelter care provider contracts to include the child welfare emergency services for children who might otherwise be served in shelter care that were implemented pursuant to 2008 Iowa Acts, chapter 1187, section 16, subsection 7.
    Sec. 8.  2009 Iowa Acts, chapter 182, section 24, subsection 1, unnumbered paragraph 2, is amended to read as follows:

   For distribution to counties for state case services for persons with mental illness, mental retardation, and developmental disabilities in accordance with section 331.440:

.................................................. $ 11,446,288

_____________________________________________________10,008,418

   The amendment to the amount of the appropriation made in this section incorporates the amount of the uniform reduction made pursuant to executive order number 19 issued October 8, 2009.
    Sec. 9.  2009 Iowa Acts, chapter 182, section 27, unnumbered paragraph 2, is amended to read as follows:

   For field operations, including salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:

.................................................. $ 63,032,831

_____________________________________________________57,410,144
............................................... FTEs   2,000.13

   The amendment to the amount of the appropriation made in this section incorporates the amounts of the uniform reduction made pursuant to executive order number 19 issued October 8, 2009, and the transfer made from this appropriation pursuant to the authority in section 8.39 and addressed in the notice of appropriation transfer from the department of management dated December 23, 2009.
    Sec. 10.  2009 Iowa Acts, chapter 182, section 48, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  There is appropriated from the IowaCare account created in section 249J.24 to the department of human services for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For distribution to a publicly owned acute care teaching hospital located in a county with a population over 350,000:

.................................................. $  2,500,000
    Sec. 11.  2009 Iowa Acts, chapter 183, section 61, subsection 8, is amended to read as follows:
   8.  From funding designated for government stabilization, for the department of human services:
   a.  For the medical assistance program:

.................................................. $  6,237,173

_____________________________________________________25,874,211

   Of the funds appropriated in this lettered paragraph, $6,000,000 is allocated for rebasing of nursing facility reimbursement and $237,173 for interpreter services associated with 2009 Iowa Acts, Senate File 389, if enacted.

   b.  For coverage of children under the medical assistance and hawk-i programs and for additional coverage provisions for children under 2009 Iowa Acts, Senate File 389, if enacted:

.................................................. $  6,263,231

______________________________________________________________0

   Of the funds appropriated in this lettered paragraph, $510,249 is allocated for supplemental dental services under the hawk-i program.

   c.  For transfer to the department of public health to be used for 0.25 full-time equivalent position and other costs associated with the volunteer health care provider program:

.................................................. $     20,000

   d.  For the property tax relief fund in lieu of an equal amount of the appropriation made from the general fund of the state in section 426B.1, subsection 2:

.................................................. $ 10,480,000

______________________________________________________________0

   Notwithstanding section 426B.1, subsection 2, for the fiscal year beginning July 1, 2009, the amount of the appropriation made from the general fund of the state in section 426B.1, subsection 2, shall be reduced by $2,964,543 $3,328,089 and the appropriation made from the property tax relief fund and for the fiscal year to supplement the medical assistance program in section 426B.1, subsection 3, shall be reduced by the same amount.

   e.  For the risk pool created in the property tax relief fund in accordance with section 426B.5:

.................................................. $ 10,000,000

   f.  For a demonstration project providing health care coverage premium assistance for direct care workers to implement recommendations developed pursuant to 2008 Iowa Acts, chapter 1188, section 72:

.................................................. $    400,000

   g.  For the department’s field operations, if 2009 Iowa Acts, Senate File 389, chapter 118, is enacted:

.................................................. $    680,596

______________________________________________________________0

   The funds appropriated in this lettered paragraph shall be used for 17.00 additional full-time equivalent positions for implementation costs associated with 2009 Iowa Acts, Senate File 389, if enacted chapter 118.

   h.  For child and family services:

.................................................. $  2,500,000

______________________________________________________________0

   Of the amount appropriated in this lettered paragraph, $500,000 shall be used for additional funding of shelter care.

   i.  For distribution to counties for state case services for persons with mental illness, mental retardation, and developmental disabilities in accordance with section 331.440, to supplement the amount appropriated in 2009 Iowa Acts, chapter 182, section 24:

.................................................. $    286,789
    Sec. 12.  RISK POOL —— STATE CASE SERVICES.  Moneys in the risk pool created in section 426B.5 that remain unencumbered or unobligated on the effective date of this division of this Act shall be transferred to the appropriation made in 2009 Iowa Acts, chapter 182, section 24, to be used by the department of human services for distribution to counties for state case services for persons with mental illness, mental retardation, and developmental disabilities for the fiscal year beginning July 1, 2009, and ending June 30, 2010.
    Sec. 13.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill relates to public funding and regulatory matters and makes and revises appropriations made for health and human services for the fiscal year beginning July 1, 2009, by switching the funding sources for various appropriations, as adjusted for the governor’s uniform reduction in appropriations made in executive order number 19.
   The FY 2009-2010 appropriation in a multiyear appropriation from the general fund made in 2008 Iowa Acts, chapter 1188, for health coverage for children under the medical assistance (Medicaid), hawk-i, and hawk-i expansion programs is increased. The bill states that the changed amount incorporates the uniform reduction made by the governor in executive order number 19 and includes an allocation for supplemental dental services under the hawk-i program.
   A new Iowa Acts section of 2009 Iowa Acts, chapter 182, providing appropriation for health and human services, appropriates certain emergency contingent federal funding to the department of human services for the family investment program for FY 2009-2010. The source of the federal funding is from the emergency contingency fund for temporary assistance for needy families state program established pursuant to the federal American Recovery and Reinvestment Act (ARRA) of 2009, Pub. L. No. 111-5, § 2101. The appropriation is only to be expended in the event that other state and federal funding appropriated in the Act being amended for purposes of the family investment program has been exhausted and is limited to the amount necessary to fully fund the program for the fiscal year.
   The appropriation from the general fund for the Medicaid program is reduced. The bill states that the changed amount incorporates the uniform reduction made by the governor in executive order number 19 and transfers made to and from this appropriation. The language providing for transfer of Medicaid funding to the state mental health institutes is amended to clarify that the appropriation made from the ARRA funding for the Medicaid program, as increased by the bill, is the funding source for the transferred funding.
   The appropriation from the general fund for child and family services is reduced. The bill states that the changed amount incorporates the uniform reduction made by the governor in executive order number 19 and the transfer from this appropriation. The allocation made for shelter care services is increased to reflect the shift in the allocation of ARRA funding.
   The appropriation from the general fund for state case services for persons with mental illness, mental retardation, and developmental disabilities is reduced. The bill states that the changed amount incorporates the uniform reduction made by the governor in executive order number 19.
   The appropriation from the general fund for the field operations of the department of human services is reduced. The bill states that the changed amount incorporates the uniform reduction made by the governor in executive order number 19 and the transfer from this appropriation.
   The section of 2009 Iowa Acts, chapter 182, making appropriations from the IowaCare account, is amended to provide an additional appropriation of $2.5 million for distribution to a publicly owned hospital in a county with a population over 350,000 for treatment of indigent patients and other services.
   Various appropriations in 2009 Iowa Acts, chapter 183, section 61, of ARRA funding for the department of human services are amended. The appropriation for the Medicaid program is increased and the appropriations for coverage of children under the Medicaid and hawk-i programs, for the property tax relief fund, and for child and family services are eliminated. The ARRA appropriations that were eliminated are replaced, as adjusted for the governor’s uniform appropriations reduction, earlier in the bill with appropriations from the general fund of the state.
   An additional appropriation is made from ARRA funds to the department of human services and any moneys remaining in the risk pool on the division’s effective date are transferred to be used for state case services.
   The bill takes effect upon enactment.