Senate Study Bill 1218 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY) A BILL FOR An Act relating to and making appropriations for health and 1 human services and including other related provisions, 2 providing penalties, and including effective, retroactive, 3 and applicability date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2820XC (37) 84 pf/jp
S.F. _____ DIVISION I 1 DEPARTMENT ON AGING —— FY 2011-2012 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, 2011, and ending June 30, 5 2012, 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 frail elders, Iowa’s 10 aging and disabilities resource center, and other services 11 which may include but are not limited to adult day services, 12 respite care, chore services, information and assistance, 13 and material aid, for information and options counseling for 14 persons with disabilities who are 18 years of age or older, 15 and for salaries, support, administration, maintenance, and 16 miscellaneous purposes, and for not more than the following 17 full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,302,577 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 35.00 20 1. Funds appropriated in this section may be used to 21 supplement federal funds under federal regulations. To 22 receive funds appropriated in this section, a local area 23 agency on aging shall match the funds with moneys from other 24 sources according to rules adopted by the department. Funds 25 appropriated in this section may be used for elderly services 26 not specifically enumerated in this section only if approved 27 by an area agency on aging for provision of the service within 28 the area. 29 2. The amount appropriated in this section includes 30 additional funding of $450,000 for delivery of long-term care 31 services to seniors with low or moderate incomes. 32 3. Of the funds appropriated in this section, $179,946 shall 33 be transferred to the department of economic development for 34 the Iowa commission on volunteer services to be used for the 35 -1- LSB 2820XC (37) 84 pf/jp 1/ 216
S.F. _____ retired and senior volunteer program. 1 4. a. The department on aging shall establish and enforce 2 procedures relating to expenditure of state and federal funds 3 by area agencies on aging that require compliance with both 4 state and federal laws, rules, and regulations, including but 5 not limited to all of the following: 6 (1) Requiring that expenditures are incurred only for goods 7 or services received or performed prior to the end of the 8 fiscal period designated for use of the funds. 9 (2) Prohibiting prepayment for goods or services not 10 received or performed prior to the end of the fiscal period 11 designated for use of the funds. 12 (3) Prohibiting the prepayment for goods or services 13 not defined specifically by good or service, time period, or 14 recipient. 15 (4) Prohibiting the establishment of accounts from which 16 future goods or services which are not defined specifically by 17 good or service, time period, or recipient, may be purchased. 18 b. The procedures shall provide that if any funds are 19 expended in a manner that is not in compliance with the 20 procedures and applicable federal and state laws, rules, and 21 regulations, and are subsequently subject to repayment, the 22 area agency on aging expending such funds in contravention of 23 such procedures, laws, rules and regulations, not the state, 24 shall be liable for such repayment. 25 DIVISION II 26 DEPARTMENT OF PUBLIC HEALTH —— FY 2011-2012 27 Sec. 2. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 28 from the general fund of the state to the department of public 29 health for the fiscal year beginning July 1, 2011, and ending 30 June 30, 2012, the following amounts, or so much thereof as is 31 necessary, to be used for the purposes designated: 32 1. ADDICTIVE DISORDERS 33 For reducing the prevalence of use of tobacco, alcohol, and 34 other drugs, and treating individuals affected by addictive 35 -2- LSB 2820XC (37) 84 pf/jp 2/ 216
S.F. _____ behaviors, including gambling, and for not more than the 1 following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,603,190 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 4 a. (1) Of the funds appropriated in this subsection, 5 $4,353,830 shall be used for the tobacco use prevention and 6 control initiative, including efforts at the state and local 7 levels, as provided in chapter 142A. 8 (2) Of the funds allocated in this paragraph “a”, $453,830 9 shall be transferred to the alcoholic beverages division of 10 the department of commerce for enforcement of tobacco laws, 11 regulations, and ordinances in accordance with 2011 Iowa Acts, 12 House File 467, as enacted. 13 b. Of the funds appropriated in this subsection, 14 $20,249,360 shall be used for problem gambling and substance 15 abuse prevention, treatment, and recovery services, including a 16 24-hour helpline, public information resources, professional 17 training, and program evaluation. 18 (1) Of the funds allocated in this paragraph “b”, 19 $17,132,508 shall be used for substance abuse prevention and 20 treatment. 21 (a) Of the funds allocated in this subparagraph (1), 22 $899,300 shall be used for the public purpose of a grant 23 program to provide substance abuse prevention programming for 24 children. 25 (i) Of the funds allocated in this subparagraph division 26 (a), $427,539 shall be used for grant funding for organizations 27 that provide programming for children by utilizing mentors. 28 Programs approved for such grants shall be certified or will 29 be certified within six months of receiving the grant award 30 by the Iowa commission on volunteer services as utilizing the 31 standards for effective practice for mentoring programs. 32 (ii) Of the funds allocated in this subparagraph division 33 (a), $426,839 shall be used for grant funding for organizations 34 that provide programming that includes youth development and 35 -3- LSB 2820XC (37) 84 pf/jp 3/ 216
S.F. _____ leadership. The programs shall also be recognized as being 1 programs that are scientifically based with evidence of their 2 effectiveness in reducing substance abuse in children. 3 (iii) The department of public health shall utilize a 4 request for proposals process to implement the grant program. 5 (iv) All grant recipients shall participate in a program 6 evaluation as a requirement for receiving grant funds. 7 (v) Of the funds allocated in this subparagraph division 8 (a), up to $44,922 may be used to administer substance abuse 9 prevention grants and for program evaluations. 10 (b) Of the funds allocated in this subparagraph (1), 11 $273,062 shall be used for culturally competent substance abuse 12 treatment pilot projects. 13 (i) The department shall utilize the amount allocated 14 in this subparagraph division (b) for at least three pilot 15 projects to provide culturally competent substance abuse 16 treatment in various areas of the state. Each pilot project 17 shall target a particular ethnic minority population. The 18 populations targeted shall include but are not limited to 19 African American, Asian, and Latino. 20 (ii) The pilot project requirements shall provide for 21 documentation or other means to ensure access to the cultural 22 competence approach used by a pilot project so that such 23 approach can be replicated and improved upon in successor 24 programs. 25 (2) Of the funds allocated in this paragraph “b”, up 26 to $3,116,852 may be used for problem gambling prevention, 27 treatment, and recovery services. 28 (a) Of the funds allocated in this subparagraph (2), 29 $2,579,000 shall be used for problem gambling prevention and 30 treatment. 31 (b) Of the funds allocated in this subparagraph (2), up to 32 $437,852 may be used for a 24-hour helpline, public information 33 resources, professional training, and program evaluation. 34 (c) Of the funds allocated in this subparagraph (2), up 35 -4- LSB 2820XC (37) 84 pf/jp 4/ 216
S.F. _____ to $100,000 may be used for the licensing of problem gambling 1 treatment programs. 2 (3) It is the intent of the general assembly that from the 3 moneys allocated in this paragraph “b”, persons with a dual 4 diagnosis of substance abuse and gambling addictions shall be 5 given priority in treatment services. 6 c. Notwithstanding any provision of law to the contrary, 7 to standardize the availability, delivery, cost of delivery, 8 and accountability of problem gambling and substance abuse 9 treatment services statewide, the department shall continue 10 implementation of a process to create a system for delivery 11 of treatment services in accordance with the requirements 12 specified in 2008 Iowa Acts, chapter 1187, section 3, 13 subsection 4. To ensure the system provides a continuum of 14 treatment services that best meets the needs of Iowans, the 15 problem gambling and substance abuse treatment services in any 16 area may be provided either by a single agency or by separate 17 agencies submitting a joint proposal. 18 (1) The system for delivery of substance abuse and 19 problem gambling treatment shall include problem gambling 20 prevention by July 1, 2012. The department shall submit a 21 proposed legislative bill in accordance with section 2.16, for 22 consideration during the 2012 legislative session, addressing 23 any statutory revisions necessary for full implementation of 24 the system. 25 (2) The system for delivery of substance abuse and problem 26 gambling treatment shall include substance abuse prevention by 27 July 1, 2014. 28 (3) Of the funds allocated in paragraph “b”, the department 29 may use up to $100,000 for administrative costs to continue 30 developing and implementing the process in accordance with this 31 paragraph “c”. 32 d. The requirement of section 123.53, subsection 5, is met 33 by the appropriations and allocations made in this Act for 34 purposes of substance abuse treatment and addictive disorders 35 -5- LSB 2820XC (37) 84 pf/jp 5/ 216
S.F. _____ for the fiscal year beginning July 1, 2011. 1 e. The department of public health shall work with all other 2 departments that fund substance abuse prevention and treatment 3 services and all such departments shall, to the extent 4 necessary, collectively meet the state maintenance of effort 5 requirements for expenditures for substance abuse services 6 as required under the federal substance abuse prevention and 7 treatment block grant. 8 f. The department shall amend or otherwise revise 9 departmental policies and contract provisions in order to 10 eliminate free t-shirt distribution, banner production, and 11 other unnecessary promotional expenditures. 12 2. HEALTHY CHILDREN AND FAMILIES 13 For promoting the optimum health status for children, 14 adolescents from birth through 21 years of age, and families, 15 and for not more than the following full-time equivalent 16 positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,594,270 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.00 19 a. Of the funds appropriated in this subsection, not more 20 than $739,318 shall be used for the healthy opportunities to 21 experience success (HOPES)-healthy families Iowa (HFI) program 22 established pursuant to section 135.106. The funding shall 23 be distributed to renew the grants that were provided to the 24 grantees that operated the program during the fiscal year 25 ending June 30, 2011. 26 b. Of the funds appropriated in this subsection, $329,885 27 shall be used to continue to address the healthy mental 28 development of children from birth through five years of age 29 through local evidence-based strategies that engage both the 30 public and private sectors in promoting healthy development, 31 prevention, and treatment for children. A portion of the 32 funds allocated in this lettered paragraph may be used for a 33 full-time equivalent position to coordinate the activities 34 under this paragraph. 35 -6- LSB 2820XC (37) 84 pf/jp 6/ 216
S.F. _____ c. Of the funds appropriated in this subsection, $31,597 1 shall be distributed to a statewide dental carrier to provide 2 funds to continue the donated dental services program patterned 3 after the projects developed by the dental lifeline network 4 to provide dental services to indigent elderly and disabled 5 individuals. 6 d. Of the funds appropriated in this subsection, $112,677 7 shall be used for childhood obesity prevention. 8 e. Of the funds appropriated in this subsection, $163,760 9 shall be used to provide audiological services and hearing 10 aids for children. The department may enter into a contract 11 to administer this paragraph. 12 3. CHRONIC CONDITIONS 13 For serving individuals identified as having chronic 14 conditions or special health care needs, and for not more than 15 the following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,399,156 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 18 a. Of the funds appropriated in this subsection, $160,582 19 shall be used for grants to individual patients who have 20 phenylketonuria (PKU) to assist with the costs of necessary 21 special foods. 22 b. Of the funds appropriated in this subsection, $483,600 23 is allocated for continuation of the contracts for resource 24 facilitator services in accordance with section 135.22B, 25 subsection 9, and for brain injury training services and 26 recruiting of service providers to increase the capacity within 27 this state to address the needs of individuals with brain 28 injuries and such individuals’ families. 29 c. Of the funds appropriated in this subsection, $498,874 30 shall be used as additional funding to leverage federal funding 31 through the federal Ryan White Care Act, Tit. II, AIDS drug 32 assistance program supplemental drug treatment grants. 33 d. Of the funds appropriated in this subsection, $31,254 34 shall be used for the public purpose of providing a grant to an 35 -7- LSB 2820XC (37) 84 pf/jp 7/ 216
S.F. _____ existing national-affiliated organization to provide education, 1 client-centered programs, and client and family support for 2 people living with epilepsy and their families. 3 e. Of the funds appropriated in this subsection, $788,303 4 shall be used for child health specialty clinics. 5 f. Of the funds appropriated in this subsection, $547,065 6 shall be used for the comprehensive cancer control program to 7 reduce the burden of cancer in Iowa through prevention, early 8 detection, effective treatment, and ensuring quality of life. 9 Of the funds allocated in this lettered paragraph, $200,000 10 shall be used to support a melanoma research symposium, a 11 melanoma biorepository and registry, basic and translational 12 melanoma research, and clinical trials. 13 g. Of the funds appropriated in this subsection, $126,450 14 shall be used for cervical and colon cancer screening. 15 h. Of the funds appropriated in this subsection, $528,834 16 shall be used for the center for congenital and inherited 17 disorders. A portion of the funds allocated in this paragraph 18 may be used for one full-time equivalent position for 19 administration of the center. 20 i. Of the funds appropriated in this subsection, $129,937 21 shall be used for the prescription drug donation repository 22 program created in chapter 135M. 23 4. COMMUNITY CAPACITY 24 For strengthening the health care delivery system at the 25 local level, and for not more than the following full-time 26 equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,826,699 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 29 a. Of the funds appropriated in this subsection, $100,000 30 is allocated for a child vision screening program implemented 31 through the university of Iowa hospitals and clinics in 32 collaboration with early childhood Iowa areas. 33 b. Of the funds appropriated in this subsection, $111,308 is 34 allocated for continuation of an initiative implemented at the 35 -8- LSB 2820XC (37) 84 pf/jp 8/ 216
S.F. _____ university of Iowa and $100,493 is allocated for continuation 1 of an initiative at the state mental health institute at 2 Cherokee to expand and improve the workforce engaged in 3 mental health treatment and services. The initiatives shall 4 receive input from the university of Iowa, the department 5 of human services, the department of public health, and the 6 mental health, mental retardation, developmental disabilities, 7 and brain injury commission to address the focus of the 8 initiatives. 9 c. Of the funds appropriated in this subsection, $1,171,491 10 shall be used for essential public health services that promote 11 healthy aging throughout the lifespan, contracted through a 12 formula for local boards of health, to enhance health promotion 13 and disease prevention services. 14 d. Of the funds appropriated in this section, $121,817 shall 15 be deposited in the governmental public health system fund 16 created in section 135A.8 to be used for the purposes of the 17 fund. 18 e. Of the funds appropriated in this subsection, $106,279 19 shall be used for the mental health professional shortage area 20 program implemented pursuant to section 135.80. 21 f. Of the funds appropriated in this subsection, 22 $38,263 shall be used for a grant to a statewide association 23 of psychologists that is affiliated with the American 24 psychological association to be used for continuation of a 25 program to rotate intern psychologists in placements in urban 26 and rural mental health professional shortage areas, as defined 27 in section 135.80. 28 g. Of the funds appropriated in this subsection, the 29 following amounts shall be allocated to the Iowa collaborative 30 safety net provider network established pursuant to section 31 135.153 to be used for the purposes designated. The following 32 amounts allocated under this lettered paragraph shall be 33 distributed to the specified provider and shall not be reduced 34 for administrative or other costs prior to distribution: 35 -9- LSB 2820XC (37) 84 pf/jp 9/ 216
S.F. _____ (1) For distribution to the Iowa primary care association 1 for statewide coordination of the Iowa collaborative safety net 2 provider network: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 132,580 4 (2) For distribution to the Iowa family planning network 5 agencies for necessary infrastructure, statewide coordination, 6 provider recruitment, service delivery, and provision of 7 assistance to patients in determining an appropriate medical 8 home: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 74,517 10 (3) For distribution to the local boards of health that 11 provide direct services for pilot programs in three counties to 12 assist patients in determining an appropriate medical home: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 74,517 14 (4) For distribution to maternal and child health centers 15 for pilot programs in three counties to assist patients in 16 determining an appropriate medical home: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 74,517 18 (5) For distribution to free clinics for necessary 19 infrastructure, statewide coordination, provider recruitment, 20 service delivery, and provision of assistance to patients in 21 determining an appropriate medical home: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 124,050 23 (6) For distribution to rural health clinics for necessary 24 infrastructure, statewide coordination, provider recruitment, 25 service delivery, and provision of assistance to patients in 26 determining an appropriate medical home: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 110,430 28 (7) For continuation of the safety net provider patient 29 access to specialty health care initiative as described in 2007 30 Iowa Acts, chapter 218, section 109: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 260,000 32 (8) For continuation of the pharmaceutical infrastructure 33 for safety net providers as described in 2007 Iowa Acts, 34 chapter 218, section 108: 35 -10- LSB 2820XC (37) 84 pf/jp 10/ 216
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 270,000 1 The Iowa collaborative safety net provider network may 2 continue to distribute funds allocated pursuant to this 3 lettered paragraph through existing contracts or renewal of 4 existing contracts. 5 h. (1) Of the funds appropriated in this subsection, 6 $149,000 shall be used for continued implementation of 7 the recommendations of the direct care worker task force 8 established pursuant to 2005 Iowa Acts, chapter 88, based upon 9 the report submitted to the governor and the general assembly 10 in December 2006. The department may use a portion of the 11 funds allocated in this lettered paragraph for an additional 12 position to assist in the continued implementation. 13 (2) It is the intent of the general assembly that a 14 board of direct care workers shall be established within the 15 department of public health by July 1, 2014, contingent upon 16 the availability of funds to establish and maintain the board. 17 (3) The direct care worker advisory council shall submit 18 a final report no later than March 1, 2012, to the governor 19 and the general assembly, in accordance with 2010 Iowa 20 Acts, chapter 1192, section 2, subsection 4, paragraph “h”, 21 subparagraph (3). 22 (4) The department of public health shall report to the 23 persons designated in this Act for submission of reports 24 regarding use of the funds allocated in this lettered 25 paragraph, on or before January 15, 2012. 26 i. (1) Of the funds appropriated in this subsection, 27 $130,100 shall be used for allocation to an independent 28 statewide direct care worker association for education, 29 outreach, leadership development, mentoring, and other 30 initiatives intended to enhance the recruitment and retention 31 of direct care workers in health care and long-term care 32 settings. 33 (2) Of the funds appropriated in this subsection, $58,000 34 shall be used to provide scholarships or other forms of 35 -11- LSB 2820XC (37) 84 pf/jp 11/ 216
S.F. _____ subsidization for direct care worker educational conferences, 1 training, or outreach activities. 2 j. The department may utilize one of the full-time 3 equivalent positions authorized in this subsection for 4 administration of the activities related to the Iowa 5 collaborative safety net provider network. 6 k. Of the funds appropriated in this subsection, the 7 department may use up to $60,000 for up to one full-time 8 equivalent position to administer the volunteer health care 9 provider program pursuant to section 135.24. 10 l. Of the funds appropriated in this subsection, $50,000 11 shall be used for a matching dental education loan repayment 12 program to be allocated to a dental nonprofit health service 13 corporation to develop the criteria and implement the loan 14 repayment program. 15 m. Of the funds appropriated in this subsection, up to 16 $134,214 shall be used to support the department’s activities 17 relating to health and long-term care access as specified 18 pursuant to chapter 135, division XXIV. 19 n. Of the funds appropriated in this subsection, 20 $363,987 shall be used as state matching funds for the health 21 information network as enacted by this Act. 22 o. Of the funds appropriated in this subsection, $25,000 23 shall be used for a pilot program established through a 24 grant to an organization that has an existing program for 25 children and adults and that is solely dedicated to preserving 26 sight and preventing blindness to provide vision screening 27 to elementary school children in one urban and one rural 28 school district in the state, on a voluntary basis, over a 29 multiyear period. The grantee organization shall develop 30 protocol for participating schools including the grade level 31 of the children to be screened, the training and certification 32 necessary for individuals conducting the vision screening, 33 vision screening equipment requirements, and documentation and 34 tracking requirements. Following the conclusion of the pilot 35 -12- LSB 2820XC (37) 84 pf/jp 12/ 216
S.F. _____ program, the grantee organization shall report findings and 1 recommendations for statewide implementation of the vision 2 screening program to the department of public health. 3 5. HEALTHY AGING 4 To provide public health services that reduce risks and 5 invest in promoting and protecting good health over the 6 course of a lifetime with a priority given to older Iowans and 7 vulnerable populations: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,336,142 9 a. Of the funds appropriated in this subsection, $2,009,187 10 shall be used for local public health nursing services. 11 b. Of the funds appropriated in this subsection, $5,326,955 12 shall be used for home care aide services. 13 6. ENVIRONMENTAL HAZARDS 14 For reducing the public’s exposure to hazards in the 15 environment, primarily chemical hazards, and for not more than 16 the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 813,777 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 19 Of the funds appropriated in this subsection, $544,377 shall 20 be used for childhood lead poisoning provisions. 21 7. INFECTIOUS DISEASES 22 For reducing the incidence and prevalence of communicable 23 diseases, and for not more than the following full-time 24 equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,345,847 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 27 8. PUBLIC PROTECTION 28 For protecting the health and safety of the public through 29 establishing standards and enforcing regulations, and for not 30 more than the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,778,688 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 125.00 33 a. Of the funds appropriated in this subsection, not more 34 than $424,146 shall be credited to the emergency medical 35 -13- LSB 2820XC (37) 84 pf/jp 13/ 216
S.F. _____ services fund created in section 135.25. Moneys in the 1 emergency medical services fund are appropriated to the 2 department to be used for the purposes of the fund. 3 b. Of the funds appropriated in this subsection, $210,619 4 shall be used for sexual violence prevention programming 5 through a statewide organization representing programs serving 6 victims of sexual violence through the department’s sexual 7 violence prevention program. The amount allocated in this 8 lettered paragraph shall not be used to supplant funding 9 administered for other sexual violence prevention or victims 10 assistance programs. 11 c. Of the funds appropriated in this subsection, not more 12 than $436,582 shall be used for the state poison control 13 center. 14 d. Of the funds appropriated in this subsection, $50,000 15 shall be used for education, testing, training, and other costs 16 to conform the requirements for certification of emergency 17 medical care providers with national standards. 18 9. RESOURCE MANAGEMENT 19 For establishing and sustaining the overall ability of the 20 department to deliver services to the public, and for not more 21 than the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 819,554 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 24 The university of Iowa hospitals and clinics under the 25 control of the state board of regents shall not receive 26 indirect costs from the funds appropriated in this section. 27 The university of Iowa hospitals and clinics billings to the 28 department shall be on at least a quarterly basis. 29 DIVISION III 30 DEPARTMENT OF VETERANS AFFAIRS —— FY 2011-2012 31 Sec. 3. DEPARTMENT OF VETERANS AFFAIRS. There is 32 appropriated from the general fund of the state to the 33 department of veterans affairs for the fiscal year beginning 34 July 1, 2011, and ending June 30, 2012, the following amounts, 35 -14- LSB 2820XC (37) 84 pf/jp 14/ 216
S.F. _____ or so much thereof as is necessary, to be used for the purposes 1 designated: 2 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 3 For salaries, support, maintenance, and miscellaneous 4 purposes, including the war orphans educational assistance fund 5 created in section 35.8, and for not more than the following 6 full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 998,832 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.34 9 2. IOWA VETERANS HOME 10 For salaries, support, maintenance, and miscellaneous 11 purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,952,151 13 a. The Iowa veterans home billings involving the department 14 of human services shall be submitted to the department on at 15 least a monthly basis. 16 b. If there is a change in the employer of employees 17 providing services at the Iowa veterans home under a collective 18 bargaining agreement, such employees and the agreement shall 19 be continued by the successor employer as though there had not 20 been a change in employer. 21 c. Within available resources and in conformance with 22 associated state and federal program eligibility requirements, 23 the Iowa veterans home may implement measures to provide 24 financial assistance to or on behalf of veterans or their 25 spouses participating in the community reentry program. 26 3. STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF DECEASED 27 VETERANS 28 For provision of educational assistance pursuant to section 29 35.9: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,416 31 Sec. 4. LIMITATION OF COUNTY COMMISSION OF VETERANS AFFAIRS 32 FUND STANDING APPROPRIATIONS. Notwithstanding the standing 33 appropriation in the following designated section for the 34 fiscal year beginning July 1, 2011, and ending June 30, 2012, 35 -15- LSB 2820XC (37) 84 pf/jp 15/ 216
S.F. _____ the amounts appropriated from the general fund of the state 1 pursuant to that section for the following designated purposes 2 shall not exceed the following amount: 3 For the county commissions of veterans affairs fund under 4 section 35A.16: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 990,000 6 DIVISION IV 7 DEPARTMENT OF HUMAN SERVICES —— FY 2011-2012 8 Sec. 5. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 9 GRANT. There is appropriated from the fund created in section 10 8.41 to the department of human services for the fiscal year 11 beginning July 1, 2011, and ending June 30, 2012, from moneys 12 received under the federal temporary assistance for needy 13 families (TANF) block grant pursuant to the federal Personal 14 Responsibility and Work Opportunity Reconciliation Act of 1996, 15 Pub. L. No. 104-193, and successor legislation, and from moneys 16 received under the emergency contingency fund for temporary 17 assistance for needy families state program established 18 pursuant to the federal American Recovery and Reinvestment Act 19 of 2009, Pub. L. No. 111-5 § 2101, and successor legislation, 20 the following amounts, or so much thereof as is necessary, to 21 be used for the purposes designated: 22 1. To be credited to the family investment program account 23 and used for assistance under the family investment program 24 under chapter 239B: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,500,738 26 2. To be credited to the family investment program account 27 and used for the job opportunities and basic skills (JOBS) 28 program and implementing family investment agreements in 29 accordance with chapter 239B: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,411,528 31 3. To be used for the family development and 32 self-sufficiency grant program in accordance with section 33 216A.107: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 35 -16- LSB 2820XC (37) 84 pf/jp 16/ 216
S.F. _____ Notwithstanding section 8.33, moneys appropriated in this 1 subsection that remain unencumbered or unobligated at the close 2 of the fiscal year shall not revert but shall remain available 3 for expenditure for the purposes designated until the close of 4 the succeeding fiscal year. However, unless such moneys are 5 encumbered or obligated on or before September 30, 2012, the 6 moneys shall revert. 7 4. For field operations: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 9 5. For general administration: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 11 6. For state child care assistance: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,382,687 13 The funds appropriated in this subsection shall be 14 transferred to the child care and development block grant 15 appropriation made by the Eighty-fourth General Assembly, 2011 16 Session, for the federal fiscal year beginning October 1, 17 2011, and ending September 30, 2012. Of this amount, $200,000 18 shall be used for provision of educational opportunities to 19 registered child care home providers in order to improve 20 services and programs offered by this category of providers 21 and to increase the number of providers. The department may 22 contract with institutions of higher education or child care 23 resource and referral centers to provide the educational 24 opportunities. Allowable administrative costs under the 25 contracts shall not exceed 5 percent. The application for a 26 grant shall not exceed two pages in length. 27 7. For mental health and developmental disabilities 28 community services: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,894,052 30 8. For child and family services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,084,430 32 9. For child abuse prevention grants: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 34 10. For pregnancy prevention grants on the condition that 35 -17- LSB 2820XC (37) 84 pf/jp 17/ 216
S.F. _____ family planning services are funded: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,930,067 2 Pregnancy prevention grants shall be awarded to programs 3 in existence on or before July 1, 2011, if the programs are 4 comprehensive in scope and have demonstrated positive outcomes. 5 Grants shall be awarded to pregnancy prevention programs 6 which are developed after July 1, 2011, if the programs are 7 comprehensive in scope and are based on existing models that 8 have demonstrated positive outcomes. Grants shall comply with 9 the requirements provided in 1997 Iowa Acts, chapter 208, 10 section 14, subsections 1 and 2, including the requirement that 11 grant programs must emphasize sexual abstinence. Priority in 12 the awarding of grants shall be given to programs that serve 13 areas of the state which demonstrate the highest percentage of 14 unplanned pregnancies of females of childbearing age within the 15 geographic area to be served by the grant. 16 11. For technology needs and other resources necessary 17 to meet federal welfare reform reporting, tracking, and case 18 management requirements: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 20 12. To be credited to the state child care assistance 21 appropriation made in this section to be used for funding of 22 community-based early childhood programs targeted to children 23 from birth through five years of age developed by early 24 childhood Iowa areas as provided in section 256I.11: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,350,000 26 The department shall transfer TANF block grant funding 27 appropriated and allocated in this subsection to the child care 28 and development block grant appropriation in accordance with 29 federal law as necessary to comply with the provisions of this 30 subsection. 31 13. a. Notwithstanding any provision to the contrary, 32 including but not limited to requirements in section 8.41 33 or provisions in 2010 Iowa Acts regarding the receipt and 34 appropriation of federal block grants, federal funds from the 35 -18- LSB 2820XC (37) 84 pf/jp 18/ 216
S.F. _____ emergency contingency fund for temporary assistance for needy 1 families state program established pursuant to the federal 2 American Recovery and Reinvestment Act of 2009, Pub. L. No. 3 111-5 § 2101, received by the state during the fiscal year 4 beginning July 1, 2010, and ending June 30, 2011, not otherwise 5 appropriated in this section and remaining available as of 6 July 1, 2011, and received by the state during the fiscal 7 year beginning July 1, 2011, and ending June 30, 2012, are 8 appropriated to the extent as may be necessary to be used in 9 the following priority order: the family investment program 10 for the fiscal year and for state child care assistance program 11 payments for individuals enrolled in the family investment 12 program who are employed. The federal funds appropriated in 13 this paragraph “a” shall be expended only after all other 14 funds appropriated in subsection 1 for the assistance under 15 the family investment program under chapter 239B have been 16 expended. 17 b. The department shall, on a quarterly basis, advise the 18 legislative services agency and department of management of 19 the amount of funds appropriated in this subsection that was 20 expended in the prior quarter. 21 14. Of the amounts appropriated in this section, 22 $12,962,008 for the fiscal year beginning July 1, 2011, shall 23 be transferred to the appropriation of the federal social 24 services block grant made for that fiscal year. 25 15. For continuation of the program allowing the department 26 to maintain categorical eligibility for the food assistance 27 program as required under the section of this division relating 28 to the family investment account: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 146,072 30 16. The department may transfer funds allocated in this 31 section to the appropriations made in this Act for general 32 administration and field operations for resources necessary to 33 implement and operate the services referred to in this section 34 and those funded in the appropriation made in this division of 35 -19- LSB 2820XC (37) 84 pf/jp 19/ 216
S.F. _____ this Act for the family investment program from the general 1 fund of the state. 2 Sec. 6. FAMILY INVESTMENT PROGRAM ACCOUNT. 3 1. Moneys credited to the family investment program (FIP) 4 account for the fiscal year beginning July 1, 2011, and 5 ending June 30, 2012, shall be used to provide assistance in 6 accordance with chapter 239B. 7 2. The department may use a portion of the moneys credited 8 to the FIP account under this section as necessary for 9 salaries, support, maintenance, and miscellaneous purposes. 10 3. The department may transfer funds allocated in 11 this section to the appropriations in this Act for general 12 administration and field operations for resources necessary to 13 implement and operate the services referred to in this section 14 and those funded in the appropriation made in this division of 15 this Act for the family investment program from the general 16 fund of the state. 17 4. Moneys appropriated in this division of this Act and 18 credited to the FIP account for the fiscal year beginning July 19 1, 2011, and ending June 30, 2012, are allocated as follows: 20 a. To be retained by the department of human services to 21 be used for coordinating with the department of human rights 22 to more effectively serve participants in the FIP program and 23 other shared clients and to meet federal reporting requirements 24 under the federal temporary assistance for needy families block 25 grant: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 27 b. To the department of human rights for staffing, 28 administration, and implementation of the family development 29 and self-sufficiency grant program in accordance with section 30 216A.107: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,342,834 32 (1) Of the funds allocated for the family development and 33 self-sufficiency grant program in this lettered paragraph, 34 not more than 5 percent of the funds shall be used for the 35 -20- LSB 2820XC (37) 84 pf/jp 20/ 216
S.F. _____ administration of the grant program. 1 (2) The department of human rights may continue to implement 2 the family development and self-sufficiency grant program 3 statewide during fiscal year 2011-2012. 4 c. For the diversion subaccount of the FIP account: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,698,400 6 A portion of the moneys allocated for the subaccount may 7 be used for field operations salaries, data management system 8 development, and implementation costs and support deemed 9 necessary by the director of human services in order to 10 administer the FIP diversion program. 11 d. For the food stamp employment and training program: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 13 (1) The department shall amend the food stamp employment and 14 training state plan in order to maximize to the fullest extent 15 permitted by federal law the use of the 50-50 match provisions 16 for the claiming of allowable federal matching funds from the 17 United States department of agriculture pursuant to the federal 18 food stamp employment and training program for providing 19 education, employment, and training services for eligible food 20 assistance program participants, including but not limited to 21 related dependent care and transportation expenses. 22 (2) The department shall continue the categorical federal 23 food assistance program eligibility at 160 percent of the 24 federal poverty level and continue to eliminate the asset test 25 from eligibility requirements, consistent with federal food 26 assistance program requirements. The department shall include 27 as many food assistance households as is allowed by federal 28 law. The eligibility provisions shall conform to all federal 29 requirements including requirements addressing individuals who 30 are incarcerated or otherwise ineligible. 31 e. For the JOBS program: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,235,905 33 5. Of the child support collections assigned under FIP, 34 an amount equal to the federal share of support collections 35 -21- LSB 2820XC (37) 84 pf/jp 21/ 216
S.F. _____ shall be credited to the child support recovery appropriation 1 made in this division of this Act. Of the remainder of the 2 assigned child support collections received by the child 3 support recovery unit, a portion shall be credited to the FIP 4 account, a portion may be used to increase recoveries, and a 5 portion may be used to sustain cash flow in the child support 6 payments account. If as a consequence of the appropriations 7 and allocations made in this section the resulting amounts 8 are insufficient to sustain cash assistance payments and meet 9 federal maintenance of effort requirements, the department 10 shall seek supplemental funding. If child support collections 11 assigned under FIP are greater than estimated or are otherwise 12 determined not to be required for maintenance of effort, the 13 state share of either amount may be transferred to or retained 14 in the child support payment account. 15 6. The department may adopt emergency rules for the family 16 investment, JOBS, food stamp, and medical assistance programs 17 if necessary to comply with federal requirements. 18 Sec. 7. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 19 is appropriated from the general fund of the state to the 20 department of human services for the fiscal year beginning July 21 1, 2011, and ending June 30, 2012, the following amount, or 22 so much thereof as is necessary, to be used for the purpose 23 designated: 24 To be credited to the family investment program (FIP) 25 account and used for family investment program assistance under 26 chapter 239B: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,171,027 28 1. Of the funds appropriated in this section, $7,824,377 is 29 allocated for the JOBS program. 30 2. Of the funds appropriated in this section, $2,463,854 is 31 allocated for the family development and self-sufficiency grant 32 program. 33 3. Notwithstanding section 8.39, for the fiscal year 34 beginning July 1, 2011, if necessary to meet federal 35 -22- LSB 2820XC (37) 84 pf/jp 22/ 216
S.F. _____ maintenance of effort requirements or to transfer federal 1 temporary assistance for needy families block grant funding 2 to be used for purposes of the federal social services block 3 grant or to meet cash flow needs resulting from delays in 4 receiving federal funding or to implement, in accordance with 5 this division of this Act, activities currently funded with 6 juvenile court services, county, or community moneys and state 7 moneys used in combination with such moneys, the department 8 of human services may transfer funds within or between any 9 of the appropriations made in this division of this Act and 10 appropriations in law for the federal social services block 11 grant to the department for the following purposes, provided 12 that the combined amount of state and federal temporary 13 assistance for needy families block grant funding for each 14 appropriation remains the same before and after the transfer: 15 a. For the family investment program. 16 b. For child care assistance. 17 c. For child and family services. 18 d. For field operations. 19 e. For general administration. 20 f. MH/MR/DD/BI community services (local purchase). 21 This subsection shall not be construed to prohibit the use 22 of existing state transfer authority for other purposes. The 23 department shall report any transfers made pursuant to this 24 subsection to the legislative services agency. 25 4. Of the funds appropriated in this section, $195,678 shall 26 be used for continuation of a grant to an Iowa-based nonprofit 27 organization with a history of providing tax preparation 28 assistance to low-income Iowans in order to expand the usage of 29 the earned income tax credit. The purpose of the grant is to 30 supply this assistance to underserved areas of the state. 31 Sec. 8. CHILD SUPPORT RECOVERY. There is appropriated 32 from the general fund of the state to the department of human 33 services for the fiscal year beginning July 1, 2011, and ending 34 June 30, 2012, the following amount, or so much thereof as is 35 -23- LSB 2820XC (37) 84 pf/jp 23/ 216
S.F. _____ necessary, to be used for the purposes designated: 1 For child support recovery, including salaries, support, 2 maintenance, and miscellaneous purposes, and for not more than 3 the following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,119,255 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 475.00 6 1. The department shall expend up to $24,329, including 7 federal financial participation, for the fiscal year beginning 8 July 1, 2011, for a child support public awareness campaign. 9 The department and the office of the attorney general shall 10 cooperate in continuation of the campaign. The public 11 awareness campaign shall emphasize, through a variety of 12 media activities, the importance of maximum involvement of 13 both parents in the lives of their children as well as the 14 importance of payment of child support obligations. 15 2. Federal access and visitation grant moneys shall be 16 issued directly to private not-for-profit agencies that provide 17 services designed to increase compliance with the child access 18 provisions of court orders, including but not limited to 19 neutral visitation sites and mediation services. 20 3. The appropriation made to the department for child 21 support recovery may be used throughout the fiscal year in the 22 manner necessary for purposes of cash flow management, and for 23 cash flow management purposes the department may temporarily 24 draw more than the amount appropriated, provided the amount 25 appropriated is not exceeded at the close of the fiscal year. 26 4. With the exception of the funding amount specified, the 27 requirements established under 2001 Iowa Acts, chapter 191, 28 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 29 be applicable to parental obligation pilot projects for the 30 fiscal year beginning July 1, 2011, and ending June 30, 2012. 31 Notwithstanding 441 IAC 100.8, providing for termination of 32 rules relating to the pilot projects, the rules shall remain 33 in effect until June 30, 2012. 34 Sec. 9. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE. Any 35 -24- LSB 2820XC (37) 84 pf/jp 24/ 216
S.F. _____ funds remaining in the health care trust fund created in 1 section 453A.35A for the fiscal year beginning July 1, 2011, 2 and ending June 30, 2012, are appropriated to the department 3 of human services to supplement the medical assistance program 4 appropriations made in this Act, for medical assistance 5 reimbursement and associated costs, including program 6 administration and costs associated with implementation. 7 Sec. 10. MEDICAL ASSISTANCE. There is appropriated from the 8 general fund of the state to the department of human services 9 for the fiscal year beginning July 1, 2011, and ending June 30, 10 2012, the following amount, or so much thereof as is necessary, 11 to be used for the purpose designated: 12 For medical assistance reimbursement and associated costs 13 as specifically provided in the reimbursement methodologies 14 in effect on June 30, 2011, except as otherwise expressly 15 authorized by law, including reimbursement for abortion 16 services which shall be available under the medical assistance 17 program only for those abortions which are medically necessary: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $897,816,915 19 1. Medically necessary abortions are those performed under 20 any of the following conditions: 21 a. The attending physician certifies that continuing the 22 pregnancy would endanger the life of the pregnant woman. 23 b. The attending physician certifies that the fetus is 24 physically deformed, mentally deficient, or afflicted with a 25 congenital illness. 26 c. The pregnancy is the result of a rape which is reported 27 within 45 days of the incident to a law enforcement agency or 28 public or private health agency which may include a family 29 physician. 30 d. The pregnancy is the result of incest which is reported 31 within 150 days of the incident to a law enforcement agency 32 or public or private health agency which may include a family 33 physician. 34 e. Any spontaneous abortion, commonly known as a 35 -25- LSB 2820XC (37) 84 pf/jp 25/ 216
S.F. _____ miscarriage, if not all of the products of conception are 1 expelled. 2 2. The department shall utilize not more than $60,000 of 3 the funds appropriated in this section to continue the AIDS/HIV 4 health insurance premium payment program as established in 1992 5 Iowa Acts, Second Extraordinary Session, chapter 1001, section 6 409, subsection 6. Of the funds allocated in this subsection, 7 not more than $5,000 may be expended for administrative 8 purposes. 9 3. Of the funds appropriated in this Act to the department 10 of public health for addictive disorders, $950,000 for the 11 fiscal year beginning July 1, 2011, shall be transferred to 12 the department of human services for an integrated substance 13 abuse managed care system. The department shall not assume 14 management of the substance abuse system in place of the 15 managed care contractor unless such a change in approach is 16 specifically authorized in law. The departments of human 17 services and public health shall work together to maintain 18 the level of mental health and substance abuse services 19 provided by the managed care contractor through the Iowa plan 20 for behavioral health. Each department shall take the steps 21 necessary to continue the federal waivers as necessary to 22 maintain the level of services. 23 4. a. The department shall aggressively pursue options for 24 providing medical assistance or other assistance to individuals 25 with special needs who become ineligible to continue receiving 26 services under the early and periodic screening, diagnostic, 27 and treatment program under the medical assistance program 28 due to becoming 21 years of age who have been approved for 29 additional assistance through the department’s exception to 30 policy provisions, but who have health care needs in excess 31 of the funding available through the exception to policy 32 provisions. 33 b. Of the funds appropriated in this section, $100,000 34 shall be used for participation in one or more pilot projects 35 -26- LSB 2820XC (37) 84 pf/jp 26/ 216
S.F. _____ operated by a private provider to allow the individual or 1 individuals to receive service in the community in accordance 2 with principles established in Olmstead v. L.C., 527 U.S. 581 3 (1999), for the purpose of providing medical assistance or 4 other assistance to individuals with special needs who become 5 ineligible to continue receiving services under the early and 6 periodic screening, diagnosis, and treatment program under 7 the medical assistance program due to becoming 21 years of 8 age who have been approved for additional assistance through 9 the department’s exception to policy provisions, but who have 10 health care needs in excess of the funding available through 11 the exception to the policy provisions. 12 5. Of the funds appropriated in this section, up to 13 $3,050,082 may be transferred to the field operations 14 or general administration appropriations in this Act for 15 operational costs associated with Part D of the federal 16 Medicare Prescription Drug Improvement and Modernization Act 17 of 2003, Pub. L. No. 108-173. 18 6. Of the funds appropriated in this section, up to $442,100 19 may be transferred to the appropriation in this Act for medical 20 contracts to be used for clinical assessment services and prior 21 authorization of services. 22 7. A portion of the funds appropriated in this section 23 may be transferred to the appropriations in this division of 24 this Act for general administration, medical contracts, the 25 children’s health insurance program, or field operations to be 26 used for the state match cost to comply with the payment error 27 rate measurement (PERM) program for both the medical assistance 28 and children’s health insurance programs as developed by the 29 centers for Medicare and Medicaid services of the United States 30 department of health and human services to comply with the 31 federal Improper Payments Information Act of 2002, Pub. L. No. 32 107-300. 33 8. It is the intent of the general assembly that the 34 department continue to implement the recommendations of 35 -27- LSB 2820XC (37) 84 pf/jp 27/ 216
S.F. _____ the assuring better child health and development initiative 1 II (ABCDII) clinical panel to the Iowa early and periodic 2 screening, diagnostic, and treatment services healthy mental 3 development collaborative board regarding changes to billing 4 procedures, codes, and eligible service providers. 5 9. Of the funds appropriated in this section, a sufficient 6 amount is allocated to supplement the incomes of residents of 7 nursing facilities, intermediate care facilities for persons 8 with mental illness, and intermediate care facilities for 9 persons with mental retardation, with incomes of less than $50 10 in the amount necessary for the residents to receive a personal 11 needs allowance of $50 per month pursuant to section 249A.30A. 12 10. Of the funds appropriated in this section, the following 13 amounts shall be transferred to the appropriations made in this 14 division of this Act for the state mental health institutes: 15 a. Cherokee mental health institute .......... $ 9,098,425 16 b. Clarinda mental health institute .......... $ 1,977,305 17 c. Independence mental health institute ...... $ 9,045,894 18 d. Mount Pleasant mental health institute .... $ 5,752,587 19 11. a. Of the funds appropriated in this section, 20 $7,425,684 is allocated for the state match for a 21 disproportionate share hospital payment of $19,133,430 to 22 hospitals that meet both of the conditions specified in 23 subparagraphs (1) and (2). In addition, the hospitals that 24 meet the conditions specified shall either certify public 25 expenditures or transfer to the medical assistance program 26 an amount equal to provide the nonfederal share for a 27 disproportionate share hospital payment of $7,500,000. The 28 hospitals that meet the conditions specified shall receive and 29 retain 100 percent of the total disproportionate share hospital 30 payment of $26,633,430. 31 (1) The hospital qualifies for disproportionate share and 32 graduate medical education payments. 33 (2) The hospital is an Iowa state-owned hospital with more 34 than 500 beds and eight or more distinct residency specialty 35 -28- LSB 2820XC (37) 84 pf/jp 28/ 216
S.F. _____ or subspecialty programs recognized by the American college of 1 graduate medical education. 2 b. Distribution of the disproportionate share payments 3 shall be made on a monthly basis. The total amount of 4 disproportionate share payments including graduate medical 5 education, enhanced disproportionate share, and Iowa 6 state-owned teaching hospital payments shall not exceed the 7 amount of the state’s allotment under Pub. L. No. 102-234. 8 In addition, the total amount of all disproportionate 9 share payments shall not exceed the hospital-specific 10 disproportionate share limits under Pub. L. No. 103-66. 11 12. The university of Iowa hospitals and clinics shall 12 either certify public expenditures or transfer to the medical 13 assistance appropriation an amount equal to provide the 14 nonfederal share for increased medical assistance payments for 15 inpatient and outpatient hospital services of $9,900,000. The 16 university of Iowa hospitals and clinics shall receive and 17 retain 100 percent of the total increase in medical assistance 18 payments. 19 13. Of the funds appropriated in this section, up to 20 $4,480,304 may be transferred to the IowaCare account created 21 in section 249J.24. 22 14. Of the funds appropriated in this section, $200,000 23 shall be used for the Iowa chronic care consortium pursuant to 24 2003 Iowa Acts, chapter 112, section 12, as amended by 2003 25 Iowa Acts, chapter 179, sections 166 and 167. 26 15. One hundred percent of the nonfederal share of payments 27 to area education agencies that are medical assistance 28 providers for medical assistance-covered services provided to 29 medical assistance-covered children, shall be made from the 30 appropriation made in this section. 31 16. Any new or renewed contract entered into by the 32 department with a third party to administer behavioral health 33 services under the medical assistance program shall provide 34 that any interest earned on payments from the state during 35 -29- LSB 2820XC (37) 84 pf/jp 29/ 216
S.F. _____ the state fiscal year shall be remitted to the department 1 and treated as recoveries to offset the costs of the medical 2 assistance program. 3 17. The department shall continue to implement the 4 provisions in 2007 Iowa Acts, chapter 218, section 124 and 5 section 126, as amended by 2008 Iowa Acts, chapter 1188, 6 section 55, relating to eligibility for certain persons with 7 disabilities under the medical assistance program in accordance 8 with the federal family opportunity Act. 9 18. A portion of the funds appropriated in this section 10 may be transferred to the appropriation in this division of 11 this Act for medical contracts to be used for administrative 12 activities associated with the money follows the person 13 demonstration project. 14 19. Of the funds appropriated in this section, $349,011 15 shall be used for the administration of the health insurance 16 premium payment program, including salaries, support, 17 maintenance, and miscellaneous purposes for the fiscal year 18 beginning July 1, 2011. 19 20. a. The department may implement cost containment 20 strategies recommended by the governor, and may adopt emergency 21 rules for such implementation. 22 b. The department shall not implement the cost containment 23 strategy to require a primary care referral for the provision 24 of chiropractic services. 25 c. The department may increase the amounts allocated for 26 salaries, support, maintenance, and miscellaneous purposes 27 associated with the medical assistance program, as necessary, 28 to implement the cost containment strategies. The department 29 shall report any such increase to the legislative services 30 agency and the department of management. 31 d. If the savings to the medical assistance program exceed 32 the cost, the department may transfer any savings generated 33 for the fiscal year due to medical assistance program cost 34 containment efforts initiated pursuant to 2010 Iowa Acts, 35 -30- LSB 2820XC (37) 84 pf/jp 30/ 216
S.F. _____ chapter 1031, Executive Order No. 20, issued December 16, 2009, 1 or cost containment strategies initiated pursuant to this 2 subsection, to the appropriation made in this division of this 3 Act for medical contracts or general administration to defray 4 the increased contract costs associated with implementing such 5 efforts. 6 e. The department shall report the implementation of 7 any cost containment strategies under this subsection to 8 the individuals specified in this division of this Act for 9 submission of reports on a quarterly basis. 10 21. Notwithstanding any provision of law to the contrary, 11 the department of human services shall amend the section 12 1915(b) waiver and Iowa plan contract to include remedial 13 services under the Iowa plan contract effective July 1, 2011. 14 22. Of the funds appropriated in this section, $5,000,000 15 shall be used to reduce the waiting lists of the medical 16 assistance home and community-based services waivers, including 17 the waiver for persons with intellectual disabilities for 18 which the nonfederal share is paid as state case services and 19 other support pursuant to section 331.440. The department 20 shall distribute the funding allocated under this subsection 21 proportionately among all home and community-based services 22 waivers. 23 23. a. The department may submit medical assistance program 24 state plan amendments to the centers for Medicare and Medicaid 25 services of the United States department of health and human 26 services, and may adopt administrative rules pursuant to 27 chapter 17A to implement any of the following if the respective 28 state plan amendment is approved: 29 (1) Health homes pursuant to section 2703 of the federal 30 Patient Protection and Affordable Care Act, Pub. L. No. 31 111-148. The department shall collaborate with the medical 32 home system advisory council created pursuant to section 33 135.159 in developing such health homes. 34 (2) Accountable care organization pilot programs, if such 35 -31- LSB 2820XC (37) 84 pf/jp 31/ 216
S.F. _____ programs are advantageous to the medical assistance program. 1 b. Any health home or accountable care organization 2 pilot program implemented pursuant to this subsection shall 3 demonstrate value to the state with a positive return on 4 investment within two years of implementation, and may utilize 5 care coordination fees, pay-for-performance fees, or shared 6 saving strategies if approved as part of the state plan 7 amendment. 8 24. The department, in consultation with the Iowa pharmacy 9 association and other appropriate entities, shall develop 10 recommendations to replace the reimbursement methodology of 11 average wholesale price minus 12 percent for covered brand-name 12 prescription drugs, generic drugs, and over-the-counter drugs. 13 The department shall report the recommendations to the persons 14 designated in this division of this Act for submission of 15 reports by December 15, 2011. 16 Sec. 11. MEDICAL CONTRACTS. There is appropriated from the 17 general fund of the state to the department of human services 18 for the fiscal year beginning July 1, 2011, and ending June 30, 19 2012, the following amount, or so much thereof as is necessary, 20 to be used for the purpose designated: 21 For medical contracts: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,893,844 23 1. The department of inspections and appeals shall 24 provide all state matching funds for survey and certification 25 activities performed by the department of inspections 26 and appeals. The department of human services is solely 27 responsible for distributing the federal matching funds for 28 such activities. 29 2. Of the funds appropriated in this section, $150,000 shall 30 be used for implementation of a uniform cost report to be used 31 in the development of specified Medicaid reimbursement rates 32 over a multiyear timeframe. The department of human services, 33 in collaboration with affected providers, shall finalize a 34 uniform cost report that includes provider type-specific cost 35 -32- LSB 2820XC (37) 84 pf/jp 32/ 216
S.F. _____ schedules by December 15, 2011. The uniform cost report shall 1 be applied to providers of home and community-based services 2 waiver services, habilitation services, case management 3 services and community mental health centers, residential care 4 facilities, psychiatric medical institutions for children, and 5 intermediate care facilities for the mentally retarded in the 6 development of Medicaid reimbursement rates. The department 7 shall collaborate with affected Medicaid providers to test 8 the effectiveness of the cost report and determine the fiscal 9 impact of implementing the uniform cost report during the 10 fiscal year beginning July 1, 2012. A report of the findings 11 and fiscal impact shall be submitted to the governor and the 12 general assembly by December 31, 2013. The rates paid in the 13 fiscal year beginning July 1, 2014, shall be established using 14 uniform cost reports submitted in the fiscal year beginning 15 July 1, 2012. Implementation of the uniform cost report shall 16 be limited to the extent of the funding available. 17 3. a. Of the funds appropriated in this section, $100,000 18 shall be used for implementation of an electronic medical 19 record system, including system purchase or development, for 20 home and community-based services providers and mental health 21 services providers that comply with the requirements of federal 22 and state laws and regulation by the fiscal year beginning July 23 1, 2013. 24 b. The department shall analyze the costs and benefits of 25 providing an electronic medical record and billing system for 26 home and community-based services providers and mental health 27 services providers that comply with the requirements of federal 28 and state laws and regulation. The analysis shall include a 29 review of all of the following: including the capability for 30 an electronic medical record and billing system within the 31 procurement for the Medicaid management information system, 32 developing the system, and utilizing capacity within the health 33 information network established by the department of public 34 health as enacted in this Act. If the analysis demonstrates 35 -33- LSB 2820XC (37) 84 pf/jp 33/ 216
S.F. _____ that a program may be implemented in a cost-effective manner 1 and within available funds, the department may take steps to 2 implement such a system. The department shall report the 3 results of the analysis, activities, and recommendations to the 4 persons designated in this division of this Act for submission 5 of reports by December 15, 2011. 6 c. Notwithstanding section 8.33, funds allocated in this 7 subsection that remain unencumbered or unobligated at the close 8 of the fiscal year shall not revert but shall remain available 9 in succeeding fiscal years to be used for the purposes 10 designated. 11 4. Of the amount appropriated in this section, $3,500,000 12 shall be used for technology upgrades necessary to support 13 Medicaid claims and other health operations, worldwide federal 14 Health Insurance Portability and Accountability Act of 1996 15 (HIPAA) claims, transactions, and coding requirements, and the 16 Iowa automated benefits calculation system. Notwithstanding 17 section 8.33, funds allocated in this subsection that remain 18 unencumbered or unobligated at the close of the fiscal year 19 shall not revert but shall remain available in succeeding 20 fiscal years to be used for the purposes designated. 21 5. Of the funds appropriated in this section, $100,000 shall 22 be used for an accountable care organization pilot project 23 as specified in the division of this Act relating to prior 24 appropriations and related changes. 25 6. Of the funds appropriated in this section, $200,000 shall 26 be used for the development of a provider payment system plan 27 to provide recommendations to reform the health care provider 28 payment system as an effective way to promote coordination of 29 care, lower costs, and improve quality as specified in the 30 division of this Act relating to cost containment. 31 7. Of the funds appropriated in this section, $20,000 shall 32 be used for the development of a plan to establish an all-payer 33 claims database to provide for the collection and analysis of 34 claims data from multiple payers of health care as specified in 35 -34- LSB 2820XC (37) 84 pf/jp 34/ 216
S.F. _____ the division of this Act relating to cost containment. 1 8. The department shall amend the state Medicaid health 2 information technology plan to include costs related to the 3 one-time development costs of the health information network 4 as enacted in this Act. 5 9. Of the amount appropriated in this section, up to 6 $250,000 may be transferred to the appropriation for general 7 administration in this division of this Act to be used for 8 additional full-time equivalent positions in the development of 9 key health initiatives such as cost containment, development 10 and oversight of managed care programs, and development of 11 health strategies targeted toward improved quality and reduced 12 costs in the Medicaid program. 13 10. Of the funds appropriated in this section, $50,000 shall 14 be used for home and community-based services waiver quality 15 assurance programs, including the review and streamlining 16 of processes and policies related to oversight and quality 17 management to meet state and federal requirements. The 18 department shall submit a report to the persons designated by 19 this division of this Act for submission of reports by December 20 15, 2011, regarding the modifications to the quality assurance 21 programs. 22 Sec. 12. STATE SUPPLEMENTARY ASSISTANCE. 23 1. There is appropriated from the general fund of the 24 state to the department of human services for the fiscal year 25 beginning July 1, 2011, and ending June 30, 2012, the following 26 amount, or so much thereof as is necessary, to be used for the 27 purpose designated: 28 For the state supplementary assistance program: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,850,747 30 2. The department shall increase the personal needs 31 allowance for residents of residential care facilities by the 32 same percentage and at the same time as federal supplemental 33 security income and federal social security benefits are 34 increased due to a recognized increase in the cost of living. 35 -35- LSB 2820XC (37) 84 pf/jp 35/ 216
S.F. _____ The department may adopt emergency rules to implement this 1 subsection. 2 3. If during the fiscal year beginning July 1, 2011, 3 the department projects that state supplementary assistance 4 expenditures for a calendar year will not meet the federal 5 pass-through requirement specified in Tit. XVI of the federal 6 Social Security Act, section 1618, as codified in 42 U.S.C. 7 § 1382g, the department may take actions including but not 8 limited to increasing the personal needs allowance for 9 residential care facility residents and making programmatic 10 adjustments or upward adjustments of the residential care 11 facility or in-home health-related care reimbursement rates 12 prescribed in this division of this Act to ensure that federal 13 requirements are met. In addition, the department may make 14 other programmatic and rate adjustments necessary to remain 15 within the amount appropriated in this section while ensuring 16 compliance with federal requirements. The department may adopt 17 emergency rules to implement the provisions of this subsection. 18 Sec. 13. CHILDREN’S HEALTH INSURANCE PROGRAM. 19 1. There is appropriated from the general fund of the 20 state to the department of human services for the fiscal year 21 beginning July 1, 2011, and ending June 30, 2012, the following 22 amount, or so much thereof as is necessary, to be used for the 23 purpose designated: 24 For maintenance of the healthy and well kids in Iowa (hawk-i) 25 program pursuant to chapter 514I, including supplemental dental 26 services, for receipt of federal financial participation under 27 Tit. XXI of the federal Social Security Act, which creates the 28 children’s health insurance program: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,806,102 30 2. Of the funds appropriated in this section, $128,950 is 31 allocated for continuation of the contract for advertising and 32 outreach with the department of public health. 33 Sec. 14. CHILD CARE ASSISTANCE. There is appropriated 34 from the general fund of the state to the department of human 35 -36- LSB 2820XC (37) 84 pf/jp 36/ 216
S.F. _____ services for the fiscal year beginning July 1, 2011, and ending 1 June 30, 2012, the following amount, or so much thereof as is 2 necessary, to be used for the purpose designated: 3 For child care programs: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,265,509 5 1. Of the funds appropriated in this section, $53,896,082 6 shall be used for state child care assistance in accordance 7 with section 237A.13. 8 2. Nothing in this section shall be construed or is 9 intended as or shall imply a grant of entitlement for services 10 to persons who are eligible for assistance due to an income 11 level consistent with the waiting list requirements of section 12 237A.13. Any state obligation to provide services pursuant to 13 this section is limited to the extent of the funds appropriated 14 in this section. 15 3. Of the funds appropriated in this section, $432,453 is 16 allocated for the statewide program for child care resource 17 and referral services under section 237A.26. A list of the 18 registered and licensed child care facilities operating in the 19 area served by a child care resource and referral service shall 20 be made available to the families receiving state child care 21 assistance in that area. 22 4. Of the funds appropriated in this section, $936,974 23 is allocated for child care quality improvement initiatives 24 including but not limited to the voluntary quality rating 25 system in accordance with section 237A.30. 26 5. The department may use any of the funds appropriated 27 in this section as a match to obtain federal funds for use in 28 expanding child care assistance and related programs. For 29 the purpose of expenditures of state and federal child care 30 funding, funds shall be considered obligated at the time 31 expenditures are projected or are allocated to the department’s 32 service areas. Projections shall be based on current and 33 projected caseload growth, current and projected provider 34 rates, staffing requirements for eligibility determination 35 -37- LSB 2820XC (37) 84 pf/jp 37/ 216
S.F. _____ and management of program requirements including data systems 1 management, staffing requirements for administration of the 2 program, contractual and grant obligations and any transfers 3 to other state agencies, and obligations for decategorization 4 or innovation projects. 5 6. A portion of the state match for the federal child care 6 and development block grant shall be provided as necessary to 7 meet federal matching funds requirements through the state 8 general fund appropriation made for child development grants 9 and other programs for at-risk children in section 279.51. 10 7. If a uniform reduction ordered by the governor under 11 section 8.31 or other operation of law, transfer, or federal 12 funding reduction reduces the appropriation made in this 13 section for the fiscal year, the percentage reduction in the 14 amount paid out to or on behalf of the families participating 15 in the state child care assistance program shall be equal to or 16 less than the percentage reduction made for any other purpose 17 payable from the appropriation made in this section and the 18 federal funding relating to it. The percentage reduction to 19 the other allocations made in this section shall be the same as 20 the uniform reduction ordered by the governor or the percentage 21 change of the federal funding reduction, as applicable. 22 If there is an unanticipated increase in federal funding 23 provided for state child care assistance, the entire amount 24 of the increase shall be used for state child care assistance 25 payments. If the appropriations made for purposes of the 26 state child care assistance program for the fiscal year are 27 determined to be insufficient, it is the intent of the general 28 assembly to appropriate sufficient funding for the fiscal year 29 in order to avoid establishment of waiting list requirements. 30 8. Notwithstanding section 8.33, moneys appropriated in 31 this section or received from the federal appropriations made 32 for the purposes of this section that remain unencumbered or 33 unobligated at the close of the fiscal year shall not revert 34 to any fund but shall remain available for expenditure for the 35 -38- LSB 2820XC (37) 84 pf/jp 38/ 216
S.F. _____ purposes designated until the close of the succeeding fiscal 1 year. 2 Sec. 15. JUVENILE INSTITUTIONS. There is appropriated 3 from the general fund of the state to the department of human 4 services for the fiscal year beginning July 1, 2011, and ending 5 June 30, 2012, the following amounts, or so much thereof as is 6 necessary, to be used for the purposes designated: 7 1. For operation of the Iowa juvenile home at Toledo and for 8 salaries, support, maintenance, and miscellaneous purposes, and 9 for not more than the following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,258,251 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00 12 2. For operation of the state training school at Eldora and 13 for salaries, support, maintenance, and miscellaneous purposes, 14 and for not more than the following full-time equivalent 15 positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,638,677 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 164.30 18 Of the funds appropriated in this subsection, $91,150 shall 19 be used for distribution to licensed classroom teachers at this 20 and other institutions under the control of the department of 21 human services based upon the average student yearly enrollment 22 at each institution as determined by the department. 23 3. A portion of the moneys appropriated in this section 24 shall be used by the state training school and by the Iowa 25 juvenile home for grants for adolescent pregnancy prevention 26 activities at the institutions in the fiscal year beginning 27 July 1, 2011. 28 4. For the fiscal year beginning July 1, 2011, 29 notwithstanding section 232.52, subsection 2, and section 30 907.3A, subsection 1, the court shall not order the placement 31 of a child at the Iowa juvenile home or the state training 32 school under section 232.52, if that placement is not in 33 accordance with the population guidelines for the respective 34 juvenile institution established pursuant to section 233A.1 or 35 -39- LSB 2820XC (37) 84 pf/jp 39/ 216
S.F. _____ 233B.1. 1 Sec. 16. CHILD AND FAMILY SERVICES. 2 1. There is appropriated from the general fund of the 3 state to the department of human services for the fiscal year 4 beginning July 1, 2011, and ending June 30, 2012, the following 5 amount, or so much thereof as is necessary, to be used for the 6 purpose designated: 7 For child and family services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 83,077,336 9 2. In order to address a reduction of $5,200,000 from the 10 amount allocated under the appropriation made for the purposes 11 of this section in prior years for purposes of juvenile 12 delinquent graduated sanction services, up to $5,200,000 of the 13 amount of federal temporary assistance for needy families block 14 grant funding appropriated in this division of this Act for 15 child and family services shall be made available for purposes 16 of juvenile delinquent graduated sanction services. 17 3. The department may transfer funds appropriated in this 18 section as necessary to pay the nonfederal costs of services 19 reimbursed under the medical assistance program, state child 20 care assistance program, or the family investment program which 21 are provided to children who would otherwise receive services 22 paid under the appropriation in this section. The department 23 may transfer funds appropriated in this section to the 24 appropriations made in this division of this Act for general 25 administration and for field operations for resources necessary 26 to implement and operate the services funded in this section. 27 4. a. Of the funds appropriated in this section, up to 28 $30,169,129 is allocated as the statewide expenditure target 29 under section 232.143 for group foster care maintenance and 30 services. If the department projects that such expenditures 31 for the fiscal year will be less than the target amount 32 allocated in this lettered paragraph, the department may 33 reallocate the excess to provide additional funding for shelter 34 care or the child welfare emergency services addressed with the 35 -40- LSB 2820XC (37) 84 pf/jp 40/ 216
S.F. _____ allocation for shelter care. 1 b. If at any time after September 30, 2011, annualization 2 of a service area’s current expenditures indicates a service 3 area is at risk of exceeding its group foster care expenditure 4 target under section 232.143 by more than 5 percent, the 5 department and juvenile court services shall examine all 6 group foster care placements in that service area in order to 7 identify those which might be appropriate for termination. 8 In addition, any aftercare services believed to be needed 9 for the children whose placements may be terminated shall be 10 identified. The department and juvenile court services shall 11 initiate action to set dispositional review hearings for the 12 placements identified. In such a dispositional review hearing, 13 the juvenile court shall determine whether needed aftercare 14 services are available and whether termination of the placement 15 is in the best interest of the child and the community. 16 5. In accordance with the provisions of section 232.188, 17 the department shall continue the child welfare and juvenile 18 justice funding initiative during fiscal year 2011-2012. Of 19 the funds appropriated in this section, $1,717,753 is allocated 20 specifically for expenditure for fiscal year 2011-2012 through 21 the decategorization service funding pools and governance 22 boards established pursuant to section 232.188. 23 6. A portion of the funds appropriated in this section 24 may be used for emergency family assistance to provide other 25 resources required for a family participating in a family 26 preservation or reunification project or successor project to 27 stay together or to be reunified. 28 7. Notwithstanding section 234.35 or any other provision 29 of law to the contrary, state funding for shelter care and 30 the child welfare emergency services contracting implemented 31 to provide for or prevent the need for shelter care shall be 32 limited to $7,570,116. The department may execute contracts 33 that result from the department’s request for proposal, bid 34 number ACFS-11-114, to provide the range of child welfare 35 -41- LSB 2820XC (37) 84 pf/jp 41/ 216
S.F. _____ emergency services described in the request for proposals, and 1 any subsequent amendments to the request for proposals. 2 8. Federal funds received by the state during the fiscal 3 year beginning July 1, 2011, as the result of the expenditure 4 of state funds appropriated during a previous state fiscal 5 year for a service or activity funded under this section are 6 appropriated to the department to be used as additional funding 7 for services and purposes provided for under this section. 8 Notwithstanding section 8.33, moneys received in accordance 9 with this subsection that remain unencumbered or unobligated at 10 the close of the fiscal year shall not revert to any fund but 11 shall remain available for the purposes designated until the 12 close of the succeeding fiscal year. 13 9. Of the funds appropriated in this section, at least 14 $3,696,285 shall be used for protective child care assistance. 15 10. a. Of the funds appropriated in this section, up to 16 $2,062,488 is allocated for the payment of the expenses of 17 court-ordered services provided to juveniles who are under the 18 supervision of juvenile court services, which expenses are a 19 charge upon the state pursuant to section 232.141, subsection 20 4. Of the amount allocated in this lettered paragraph, up to 21 $1,556,287 shall be made available to provide school-based 22 supervision of children adjudicated under chapter 232, of which 23 not more than $15,000 may be used for the purpose of training. 24 A portion of the cost of each school-based liaison officer 25 shall be paid by the school district or other funding source as 26 approved by the chief juvenile court officer. 27 b. Of the funds appropriated in this section, up to $748,985 28 is allocated for the payment of the expenses of court-ordered 29 services provided to children who are under the supervision 30 of the department, which expenses are a charge upon the state 31 pursuant to section 232.141, subsection 4. 32 c. Notwithstanding section 232.141 or any other provision 33 of law to the contrary, the amounts allocated in this 34 subsection shall be distributed to the judicial districts 35 -42- LSB 2820XC (37) 84 pf/jp 42/ 216
S.F. _____ as determined by the state court administrator and to the 1 department’s service areas as determined by the administrator 2 of the department’s division of child and family services. 3 The state court administrator and the division administrator 4 shall make the determination of the distribution amounts on or 5 before June 15, 2011. However, if this subsection is enacted 6 on or after June 15, 2011, the determination shall be made not 7 later than 10 calendar days after the effective date of this 8 subsection. 9 d. Notwithstanding chapter 232 or any other provision of 10 law to the contrary, a district or juvenile court shall not 11 order any service which is a charge upon the state pursuant 12 to section 232.141 if there are insufficient court-ordered 13 services funds available in the district court or departmental 14 service area distribution amounts to pay for the service. The 15 chief juvenile court officer and the departmental service area 16 manager shall encourage use of the funds allocated in this 17 subsection such that there are sufficient funds to pay for 18 all court-related services during the entire year. The chief 19 juvenile court officers and departmental service area managers 20 shall attempt to anticipate potential surpluses and shortfalls 21 in the distribution amounts and shall cooperatively request the 22 state court administrator or division administrator to transfer 23 funds between the judicial districts’ or departmental service 24 areas’ distribution amounts as prudent. 25 e. Notwithstanding any provision of law to the contrary, 26 a district or juvenile court shall not order a county to pay 27 for any service provided to a juvenile pursuant to an order 28 entered under chapter 232 which is a charge upon the state 29 under section 232.141, subsection 4. 30 f. Of the funds allocated in this subsection, not more than 31 $83,000 may be used by the judicial branch for administration 32 of the requirements under this subsection. 33 g. Of the funds allocated in this subsection, $17,000 34 shall be used by the department of human services to support 35 -43- LSB 2820XC (37) 84 pf/jp 43/ 216
S.F. _____ the interstate commission for juveniles in accordance with 1 the interstate compact for juveniles as provided in section 2 232.173. 3 11. Of the funds appropriated in this section, $5,922,602 is 4 allocated for juvenile delinquent graduated sanctions services. 5 Any state funds saved as a result of efforts by juvenile court 6 services to earn federal Tit. IV-E match for juvenile court 7 services administration may be used for the juvenile delinquent 8 graduated sanctions services. 9 12. Of the funds appropriated in this section, $988,285 10 shall be transferred to the department of public health to 11 be used for the child protection center grant program in 12 accordance with section 135.118. 13 13. If the department receives federal approval to 14 implement a waiver under Tit. IV-E of the federal Social 15 Security Act to enable providers to serve children who remain 16 in the children’s families and communities, for purposes of 17 eligibility under the medical assistance program, children who 18 participate in the waiver shall be considered to be placed in 19 foster care. 20 14. Of the funds appropriated in this section, $3,069,832 is 21 allocated for the preparation for adult living program pursuant 22 to section 234.46. 23 15. Of the funds appropriated in this section, $520,150 24 shall be used for juvenile drug courts. The amount allocated 25 in this subsection shall be distributed as follows: 26 To the judicial branch for salaries to assist with the 27 operation of juvenile drug court programs operated in the 28 following jurisdictions: 29 a. Marshall county: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,708 31 b. Woodbury county: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,682 33 c. Polk county: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 195,892 35 -44- LSB 2820XC (37) 84 pf/jp 44/ 216
S.F. _____ d. The third judicial district: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,934 2 e. The eighth judicial district: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,934 4 16. Of the funds appropriated in this section, $227,337 5 shall be used for the public purpose of providing a grant to 6 a nonprofit human services organization providing services to 7 individuals and families in multiple locations in southwest 8 Iowa and Nebraska for support of a project providing immediate, 9 sensitive support and forensic interviews, medical exams, needs 10 assessments, and referrals for victims of child abuse and their 11 nonoffending family members. 12 17. Of the funds appropriated in this section, $125,590 13 is allocated for the elevate approach of providing a support 14 network to children placed in foster care. 15 18. Of the funds appropriated in this section, $202,000 is 16 allocated for use pursuant to section 235A.1 for continuation 17 of the initiative to address child sexual abuse implemented 18 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 19 21. 20 19. Of the funds appropriated in this section, $630,240 is 21 allocated for the community partnership for child protection 22 sites. 23 20. Of the funds appropriated in this section, $371,250 24 is allocated for the department’s minority youth and family 25 projects under the redesign of the child welfare system. 26 21. Of the funds appropriated in this section, $1,200,495 27 is allocated for funding of the state match for the federal 28 substance abuse and mental health services administration 29 (SAMHSA) system of care grant. 30 22. Of the funds appropriated in this section, at least 31 $147,158 shall be used for the child welfare training academy. 32 23. Of the funds appropriated in this section, $25,000 33 shall be used for the public purpose of providing a grant to 34 a child welfare services provider headquartered in a county 35 -45- LSB 2820XC (37) 84 pf/jp 45/ 216
S.F. _____ with a population between 205,000 and 215,000 in the latest 1 certified federal census that provides multiple services 2 including but not limited to a psychiatric medical institution 3 for children, shelter, residential treatment, after school 4 programs, school-based programming, and an Asperger’s syndrome 5 program, to be used for support services for children with 6 autism spectrum disorder and their families. 7 24. Of the funds appropriated in this section, $257,173 8 shall be used for continuation of the central Iowa system of 9 care program grant through June 30, 2012. 10 Sec. 17. ADOPTION SUBSIDY. 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, 2011, and ending June 30, 2012, the following 14 amount, or so much thereof as is necessary, to be used for the 15 purpose designated: 16 For adoption subsidy payments and services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,466,591 18 2. The department may transfer funds appropriated in 19 this section to the appropriation made in this division of 20 this Act for general administration for costs paid from the 21 appropriation relating to adoption subsidy. 22 3. Federal funds received by the state during the 23 fiscal year beginning July 1, 2011, as the result of the 24 expenditure of state funds during a previous state fiscal 25 year for a service or activity funded under this section are 26 appropriated to the department to be used as additional funding 27 for the services and activities funded under this section. 28 Notwithstanding section 8.33, moneys received in accordance 29 with this subsection that remain unencumbered or unobligated 30 at the close of the fiscal year shall not revert to any fund 31 but shall remain available for expenditure for the purposes 32 designated until the close of the succeeding fiscal year. 33 Sec. 18. JUVENILE DETENTION HOME FUND. 34 1. Moneys deposited in the juvenile detention home fund 35 -46- LSB 2820XC (37) 84 pf/jp 46/ 216
S.F. _____ created in section 232.142 during the fiscal year beginning 1 July 1, 2011, and ending June 30, 2012, are appropriated to 2 the department of human services for the fiscal year beginning 3 July 1, 2011, and ending June 30, 2012, for distribution of an 4 amount equal to a percentage of the costs of the establishment, 5 improvement, operation, and maintenance of county or 6 multicounty juvenile detention homes in the fiscal year 7 beginning July 1, 2010. Moneys appropriated for distribution 8 in accordance with this section shall be allocated among 9 eligible detention homes, prorated on the basis of an eligible 10 detention home’s proportion of the costs of all eligible 11 detention homes in the fiscal year beginning July 1, 2010. 12 The percentage figure shall be determined by the department 13 based on the amount available for distribution for the fund. 14 Notwithstanding section 232.142, subsection 3, the financial 15 aid payable by the state under that provision for the fiscal 16 year beginning July 1, 2011, shall be limited to the amount 17 appropriated for the purposes of this section. 18 2. Representatives of chief juvenile court officers, 19 the department of human rights, and the department of human 20 services shall work with juvenile detention centers and other 21 stakeholders to review the current methodology for distribution 22 of moneys from the juvenile detention home fund, consider 23 alternative distribution methodologies, and report findings 24 and recommendations to the persons designated by this division 25 of this Act for the submission of reports by December 15, 26 2011. It is the intent of the general assembly to shift 27 responsibility for administering the fund from the department 28 of human services to the division of criminal and juvenile 29 justice planning of the department of human rights, effective 30 with the fiscal year beginning July 1, 2012. 31 Sec. 19. FAMILY SUPPORT SUBSIDY PROGRAM. 32 1. There is appropriated from the general fund of the 33 state to the department of human services for the fiscal year 34 beginning July 1, 2011, and ending June 30, 2012, the following 35 -47- LSB 2820XC (37) 84 pf/jp 47/ 216
S.F. _____ amount, or so much thereof as is necessary, to be used for the 1 purpose designated: 2 For the family support subsidy program subject to the 3 enrollment restrictions in section 225C.37, subsection 3: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,167,998 5 2. The department shall use at least $385,500 of the moneys 6 appropriated in this section for the family support center 7 component of the comprehensive family support program under 8 section 225C.47. Not more than $25,000 of the amount allocated 9 in this subsection shall be used for administrative costs. 10 3. If at any time during the fiscal year, the amount of 11 funding available for the family support subsidy program 12 is reduced from the amount initially used to establish the 13 figure for the number of family members for whom a subsidy 14 is to be provided at any one time during the fiscal year, 15 notwithstanding section 225C.38, subsection 2, the department 16 shall revise the figure as necessary to conform to the amount 17 of funding available. 18 Sec. 20. CONNER DECREE. There is appropriated from the 19 general fund of the state to the department of human services 20 for the fiscal year beginning July 1, 2011, and ending June 30, 21 2012, the following amount, or so much thereof as is necessary, 22 to be used for the purpose designated: 23 For building community capacity through the coordination 24 and provision of training opportunities in accordance with the 25 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 26 Iowa, July 14, 1994): 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,622 28 Sec. 21. MENTAL HEALTH INSTITUTES. 29 There is appropriated from the general fund of the state to 30 the department of human services for the fiscal year beginning 31 July 1, 2011, and ending June 30, 2012, the following amounts, 32 or so much thereof as is necessary, to be used for the purposes 33 designated: 34 1. For the state mental health institute at Cherokee for 35 -48- LSB 2820XC (37) 84 pf/jp 48/ 216
S.F. _____ salaries, support, maintenance, and miscellaneous purposes, and 1 for not more than the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,877,308 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 168.50 4 2. For the state mental health institute at Clarinda for 5 salaries, support, maintenance, and miscellaneous purposes, and 6 for not more than the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,411,734 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 9 3. For the state mental health institute at Independence for 10 salaries, support, maintenance, and miscellaneous purposes, and 11 for not more than the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,275,685 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 14 4. For the state mental health institute at Mount Pleasant 15 for salaries, support, maintenance, and miscellaneous purposes, 16 and for not more than the following full-time equivalent 17 positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 944,323 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 91.72 20 Sec. 22. STATE RESOURCE CENTERS. 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, 2011, and ending June 30, 2012, the following 24 amounts, or so much thereof as is necessary, to be used for the 25 purposes designated: 26 a. For the state resource center at Glenwood for salaries, 27 support, maintenance, and miscellaneous purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,607,801 29 b. For the state resource center at Woodward for salaries, 30 support, maintenance, and miscellaneous purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,885,658 32 2. The department may continue to bill for state resource 33 center services utilizing a scope of services approach used for 34 private providers of ICFMR services, in a manner which does not 35 -49- LSB 2820XC (37) 84 pf/jp 49/ 216
S.F. _____ shift costs between the medical assistance program, counties, 1 or other sources of funding for the state resource centers. 2 3. The state resource centers may expand the time-limited 3 assessment and respite services during the fiscal year. 4 4. If the department’s administration and the department 5 of management concur with a finding by a state resource 6 center’s superintendent that projected revenues can reasonably 7 be expected to pay the salary and support costs for a new 8 employee position, or that such costs for adding a particular 9 number of new positions for the fiscal year would be less 10 than the overtime costs if new positions would not be added, 11 the superintendent may add the new position or positions. If 12 the vacant positions available to a resource center do not 13 include the position classification desired to be filled, the 14 state resource center’s superintendent may reclassify any 15 vacant position as necessary to fill the desired position. The 16 superintendents of the state resource centers may, by mutual 17 agreement, pool vacant positions and position classifications 18 during the course of the fiscal year in order to assist one 19 another in filling necessary positions. 20 5. If existing capacity limitations are reached in 21 operating units, a waiting list is in effect for a service or 22 a special need for which a payment source or other funding 23 is available for the service or to address the special need, 24 and facilities for the service or to address the special need 25 can be provided within the available payment source or other 26 funding, the superintendent of a state resource center may 27 authorize opening not more than two units or other facilities 28 and begin implementing the service or addressing the special 29 need during fiscal year 2011-2012. 30 Sec. 23. MI/MR/DD STATE CASES. 31 1. There is appropriated from the general fund of the 32 state to the department of human services for the fiscal year 33 beginning July 1, 2011, and ending June 30, 2012, the following 34 amount, or so much thereof as is necessary, to be used for the 35 -50- LSB 2820XC (37) 84 pf/jp 50/ 216
S.F. _____ purpose designated: 1 For distribution to counties for state case services 2 for persons with mental illness, mental retardation, and 3 developmental disabilities in accordance with section 331.440: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,169,482 5 2. For the fiscal year beginning July 1, 2011, and ending 6 June 30, 2012, $200,000 is allocated for state case services 7 from the amounts appropriated from the fund created in section 8 8.41 to the department of human services from the funds 9 received from the federal government under 42 U.S.C. ch. 6A, 10 subch. XVII, relating to the community mental health center 11 block grant, for the federal fiscal years beginning October 12 1, 2009, and ending September 30, 2010, beginning October 1, 13 2010, and ending September 30, 2011, and beginning October 1, 14 2011, and ending September 30, 2012. The allocation made in 15 this subsection shall be made prior to any other distribution 16 allocation of the appropriated federal funds. 17 3. Notwithstanding section 8.33, moneys appropriated in 18 this section that remain unencumbered or unobligated at the 19 close of the fiscal year shall not revert but shall remain 20 available for expenditure for the purposes designated until the 21 close of the succeeding fiscal year. 22 Sec. 24. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 23 —— COMMUNITY SERVICES FUND. There is appropriated from 24 the general fund of the state to the mental health and 25 developmental disabilities community services fund created in 26 section 225C.7 for the fiscal year beginning July 1, 2011, and 27 ending June 30, 2012, the following amount, or so much thereof 28 as is necessary, to be used for the purpose designated: 29 For mental health and developmental disabilities community 30 services in accordance with this division of this Act: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,211,100 32 1. Of the funds appropriated in this section, $14,187,556 33 shall be allocated to counties for funding of community-based 34 mental health and developmental disabilities services. The 35 -51- LSB 2820XC (37) 84 pf/jp 51/ 216
S.F. _____ moneys shall be allocated to a county as follows: 1 a. Fifty percent based upon the county’s proportion of the 2 state’s population of persons with an annual income which is 3 equal to or less than the poverty guideline established by the 4 federal office of management and budget. 5 b. Fifty percent based upon the county’s proportion of the 6 state’s general population. 7 2. a. A county shall utilize the funding the county 8 receives pursuant to subsection 1 for services provided to 9 persons with a disability, as defined in section 225C.2. 10 However, no more than 50 percent of the funding shall be used 11 for services provided to any one of the service populations. 12 b. A county shall use at least 50 percent of the funding the 13 county receives under subsection 1 for contemporary services 14 provided to persons with a disability, as described in rules 15 adopted by the department. 16 3. Of the funds appropriated in this section, $23,544 17 shall be used to support the Iowa compass program providing 18 computerized information and referral services for Iowans with 19 disabilities and their families. 20 4. a. Funding appropriated for purposes of the federal 21 social services block grant is allocated for distribution 22 to counties for local purchase of services for persons with 23 mental illness or mental retardation or other developmental 24 disability. 25 b. The funds allocated in this subsection shall be expended 26 by counties in accordance with the county’s county management 27 plan approved by the board of supervisors. A county without 28 an approved county management plan shall not receive allocated 29 funds until the county’s management plan is approved. 30 c. The funds provided by this subsection shall be allocated 31 to each county as follows: 32 (1) Fifty percent based upon the county’s proportion of the 33 state’s population of persons with an annual income which is 34 equal to or less than the poverty guideline established by the 35 -52- LSB 2820XC (37) 84 pf/jp 52/ 216
S.F. _____ federal office of management and budget. 1 (2) Fifty percent based upon the amount provided to the 2 county for local purchase of services in the preceding fiscal 3 year. 4 5. A county is eligible for funds under this section if the 5 county qualifies for a state payment as described in section 6 331.439. 7 6. The latest certified census issued by the United States 8 bureau of the census shall be applied for the population 9 factors utilized in this section. 10 Sec. 25. SEXUALLY VIOLENT PREDATORS. 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, 2011, and ending June 30, 2012, the following 14 amount, or so much thereof as is necessary, to be used for the 15 purpose designated: 16 For costs associated with the commitment and treatment of 17 sexually violent predators in the unit located at the state 18 mental health institute at Cherokee, including costs of legal 19 services and other associated costs, including salaries, 20 support, maintenance, and miscellaneous purposes, and for not 21 more than the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,550,727 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 89.50 24 2. Unless specifically prohibited by law, if the amount 25 charged provides for recoupment of at least the entire amount 26 of direct and indirect costs, the department of human services 27 may contract with other states to provide care and treatment 28 of persons placed by the other states at the unit for sexually 29 violent predators at Cherokee. The moneys received under 30 such a contract shall be considered to be repayment receipts 31 and used for the purposes of the appropriation made in this 32 section. 33 Sec. 26. FIELD OPERATIONS. There is appropriated from the 34 general fund of the state to the department of human services 35 -53- LSB 2820XC (37) 84 pf/jp 53/ 216
S.F. _____ for the fiscal year beginning July 1, 2011, and ending June 30, 1 2012, the following amount, or so much thereof as is necessary, 2 to be used for the purposes designated: 3 For field operations, including salaries, support, 4 maintenance, and miscellaneous purposes, and for not more than 5 the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,789,921 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,781.00 8 Priority in filling full-time equivalent positions shall be 9 given to those positions related to child protection services 10 and eligibility determination for low-income families. 11 Notwithstanding section 8.33, moneys appropriated in this 12 section that remain unencumbered or unobligated at the close of 13 the fiscal year shall not revert but shall remain available for 14 expenditure for the purposes designated until the close of the 15 succeeding fiscal year. 16 Sec. 27. GENERAL ADMINISTRATION. There is appropriated 17 from the general fund of the state to the department of human 18 services for the fiscal year beginning July 1, 2011, and ending 19 June 30, 2012, the following amount, or so much thereof as is 20 necessary, to be used for the purpose designated: 21 For general administration, including salaries, support, 22 maintenance, and miscellaneous purposes, and for not more than 23 the following full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,596,745 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 290.00 26 1. Of the funds appropriated in this section, $38,543 27 allocated for the prevention of disabilities policy council 28 established in section 225B.3. 29 2. The department shall report at least monthly to the 30 legislative services agency concerning the department’s 31 operational and program expenditures. 32 3. Of the funds appropriated in this section, $132,300 shall 33 be used to contract with a statewide association representing 34 community providers of mental health, mental retardation and 35 -54- LSB 2820XC (37) 84 pf/jp 54/ 216
S.F. _____ brain injury services programs to provide technical assistance, 1 support, and consultation to providers of habilitation 2 services and home and community-based waiver services for 3 adults with disabilities under the medical assistance program. 4 Notwithstanding section 8.47 or any other provision of law to 5 the contrary, the department may utilize a sole source approach 6 to contract with the association. 7 4. Of the funds appropriated in this section, $176,400 8 shall be used to contract with an appropriate entity to 9 expand the provision of nationally accredited and recognized 10 internet-based training to include mental health and disability 11 services providers. Notwithstanding section 8.47 or any other 12 provision of law to the contrary, the department may utilize a 13 sole source approach to enter into such contract. 14 5. Of the funds appropriated in this section, $500,000 15 shall be used for implementation of child protection system 16 improvements addressed in 2011 Iowa Acts, House File 562, as 17 enacted. 18 6. Notwithstanding section 8.33, moneys appropriated in 19 this section that remain unencumbered or unobligated at the 20 close of the fiscal year shall not revert but shall remain 21 available for expenditure for the purposes designated until the 22 close of the succeeding fiscal year. 23 Sec. 28. VOLUNTEERS. There is appropriated from the general 24 fund of the state to the department of human services for the 25 fiscal year beginning July 1, 2011, and ending June 30, 2012, 26 the following amount, or so much thereof as is necessary, to be 27 used for the purpose designated: 28 For development and coordination of volunteer services: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,660 30 Sec. 29. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 31 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 32 DEPARTMENT OF HUMAN SERVICES. 33 1. a. (1) For the fiscal year beginning July 1, 2011, 34 the total state funding amount for the nursing facility budget 35 -55- LSB 2820XC (37) 84 pf/jp 55/ 216
S.F. _____ shall not exceed $223,202,551. 1 (2) For the fiscal year beginning July 1, 2011, the 2 department shall rebase case-mix nursing facility rates 3 effective July 1, 2011. However, total nursing facility budget 4 expenditures, including both case-mix and noncase-mix shall 5 not exceed the amount specified in subparagraph (1). When 6 calculating case-mix per diem cost and the patient-day-weighted 7 medians used in rate-setting for nursing facilities effective 8 July 1, 2011, the inflation factor applied from the midpoint 9 of the cost report period to the first day of the state fiscal 10 year rate period shall be adjusted to maintain state funding 11 within the amount specified in subparagraph (1). 12 (3) The department, in cooperation with nursing facility 13 representatives, shall review projections for state funding 14 expenditures for reimbursement of nursing facilities on a 15 quarterly basis and the department shall determine if an 16 adjustment to the medical assistance reimbursement rate is 17 necessary in order to provide reimbursement within the state 18 funding amount for the fiscal year. Notwithstanding 2001 19 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 20 “c”, and subsection 3, paragraph “a”, subparagraph (2), 21 if the state funding expenditures for the nursing facility 22 budget for the fiscal year is projected to exceed the amount 23 specified in subparagraph (1), the department shall adjust 24 the reimbursement for nursing facilities reimbursed under the 25 case-mix reimbursement system to maintain expenditures of the 26 nursing facility budget within the specified amount for the 27 fiscal year. 28 (4) For the fiscal year beginning July 1, 2011, special 29 population nursing facilities shall be reimbursed in accordance 30 with the methodology in effect on June 30, 2011. 31 b. For the fiscal year beginning July 1, 2011, the 32 department shall reimburse pharmacy dispensing fees using a 33 single rate of $4.34 per prescription or the pharmacy’s usual 34 and customary fee, whichever is lower. However, the department 35 -56- LSB 2820XC (37) 84 pf/jp 56/ 216
S.F. _____ shall adjust the dispensing fee specified in this paragraph 1 to distribute an additional $2,400,000 in reimbursements for 2 pharmacy dispensing fees under this paragraph for the fiscal 3 year. 4 c. (1) For the fiscal year beginning July 1, 2011, 5 reimbursement rates for outpatient hospital services shall be 6 rebased effective January 1, 2012. 7 (2) For the fiscal year beginning July 1, 2011, 8 reimbursement rates for inpatient hospital services shall be 9 rebased effective October 1, 2011. 10 (3) The total amount of increased funding available for 11 reimbursement attributable to rebasing under this paragraph 12 for the fiscal year beginning July 1, 2011, shall not exceed 13 $4,500,000. 14 (4) For the fiscal year beginning July 1, 2011, the graduate 15 medical education and disproportionate share hospital fund 16 shall remain at the amount in effect on June 30, 2011, except 17 that the portion of the fund attributable to graduate medical 18 education shall be reduced in an amount that reflects the 19 elimination of graduate medical education payments made to 20 out-of-state hospitals. 21 (5) In order to ensure the efficient use of limited state 22 funds in procuring health care services for low-income Iowans, 23 funds appropriated in this Act for hospital services shall 24 not be used for activities which would be excluded from a 25 determination of reasonable costs under the federal Medicare 26 program pursuant to 42 U.S.C. § 1395X(v)(1)(N). 27 d. For the fiscal year beginning July 1, 2011, reimbursement 28 rates for rural health clinics, hospices, and acute mental 29 hospitals shall be increased in accordance with increases under 30 the federal Medicare program or as supported by their Medicare 31 audited costs. 32 e. For the fiscal year beginning July 1, 2011, independent 33 laboratories and rehabilitation agencies shall be reimbursed 34 using the same methodology in effect on June 30, 2011. 35 -57- LSB 2820XC (37) 84 pf/jp 57/ 216
S.F. _____ f. For the fiscal year beginning July 1, 2011, reimbursement 1 rates for home health agencies shall remain at the rates in 2 effect on June 30, 2011, not to exceed a home health agency’s 3 actual allowable cost. 4 g. For the fiscal year beginning July 1, 2011, federally 5 qualified health centers shall receive cost-based reimbursement 6 for 100 percent of the reasonable costs for the provision of 7 services to recipients of medical assistance. 8 h. For the fiscal year beginning July 1, 2011, the 9 reimbursement rates for dental services shall remain at the 10 rates in effect on June 30, 2011. 11 i. (1) For the fiscal year beginning July 1, 2011, 12 state-owned psychiatric medical institutions for children shall 13 receive cost-based reimbursement for 100 percent of the actual 14 and allowable costs for the provision of services to recipients 15 of medical assistance. 16 (2) For the nonstate-owned psychiatric medical institutions 17 for children, reimbursement rates shall remain at the rates 18 in effect on June 30, 2011. The department, in consultation 19 with representatives of the nonstate-owned psychiatric medical 20 institutions for children, shall develop a reimbursement 21 methodology to include all ancillary medical services costs 22 and any other changes required for federal compliance, to be 23 implemented on July 1, 2012. To the extent possible, the 24 reimbursement methodology shall be developed in a manner so as 25 to be budget neutral to the institutions and cost effective for 26 the state. 27 j. For the fiscal year beginning July 1, 2011, unless 28 otherwise specified in this Act, all noninstitutional medical 29 assistance provider reimbursement rates shall remain at the 30 rates in effect on June 30, 2011, except for area education 31 agencies, local education agencies, infant and toddler services 32 providers, and those providers whose rates are required to be 33 determined pursuant to section 249A.20. 34 k. Notwithstanding any provision to the contrary, for the 35 -58- LSB 2820XC (37) 84 pf/jp 58/ 216
S.F. _____ fiscal year beginning July 1, 2011, the reimbursement rate for 1 anesthesiologists shall remain at the rate in effect on June 2 30, 2011. 3 l. Notwithstanding section 249A.20, for the fiscal year 4 beginning July 1, 2011, the average reimbursement rate for 5 health care providers eligible for use of the federal Medicare 6 resource-based relative value scale reimbursement methodology 7 under that section shall remain at the rate in effect on June 8 30, 2011; however, this rate shall not exceed the maximum level 9 authorized by the federal government. 10 m. For the fiscal year beginning July 1, 2011, the 11 reimbursement rate for residential care facilities shall not 12 be less than the minimum payment level as established by the 13 federal government to meet the federally mandated maintenance 14 of effort requirement. The flat reimbursement rate for 15 facilities electing not to file annual cost reports shall not 16 be less than the minimum payment level as established by the 17 federal government to meet the federally mandated maintenance 18 of effort requirement. 19 n. For the fiscal year beginning July 1, 2011, inpatient 20 mental health services provided at hospitals shall be rebased 21 effective October 1, 2011, subject to Medicaid program upper 22 payment limit rules; community mental health centers and 23 providers of mental health services to county residents 24 pursuant to a waiver approved under section 225C.7, subsection 25 3, shall be reimbursed at 100 percent of the reasonable 26 costs for the provision of services to recipients of medical 27 assistance; and psychiatrists shall be reimbursed at the 28 medical assistance program fee for service rate. 29 o. For the fiscal year beginning July 1, 2011, the 30 reimbursement rate for consumer-directed attendant care shall 31 remain at the rates in effect on June 30, 2011. 32 p. For the fiscal year beginning July 1, 2011, the 33 reimbursement rate for providers of family planning services 34 that are eligible to receive a 90 percent federal match shall 35 -59- LSB 2820XC (37) 84 pf/jp 59/ 216
S.F. _____ remain at the rates in effect on June 30, 2011. 1 q. For the fiscal year beginning July 1, 2011, the 2 department shall adjust the rates in effect on June 30, 3 2011, for providers of home and community-based services 4 waiver services to distribute an additional $1,500,000 in 5 reimbursements to such providers for the fiscal year. 6 2. For the fiscal year beginning July 1, 2011, the 7 reimbursement rate for providers reimbursed under the 8 in-home-related care program shall not be less than the minimum 9 payment level as established by the federal government to meet 10 the federally mandated maintenance of effort requirement. 11 3. Unless otherwise directed in this section, when the 12 department’s reimbursement methodology for any provider 13 reimbursed in accordance with this section includes an 14 inflation factor, this factor shall not exceed the amount 15 by which the consumer price index for all urban consumers 16 increased during the calendar year ending December 31, 2002. 17 4. For the fiscal year beginning July 1, 2011, 18 notwithstanding section 234.38, the foster family basic daily 19 maintenance rate and the maximum adoption subsidy rate for 20 children ages 0 through 5 years shall be $15.74, the rate for 21 children ages 6 through 11 years shall be $16.37, the rate for 22 children ages 12 through 15 years shall be $17.92, and the 23 rate for children and young adults ages 16 and older shall be 24 $18.16. The maximum supervised apartment living foster care 25 reimbursement rate shall be $25.00 per day. For youth ages 26 18 to 21 who have exited foster care, the maximum preparation 27 for adult living program maintenance rate shall be $574.00 per 28 month. The maximum payment for adoption subsidy nonrecurring 29 expenses shall be limited to $500 and the disallowance of 30 additional amounts for court costs and other related legal 31 expenses implemented pursuant to 2010 Iowa Acts, chapter 1031, 32 section 408 shall be continued. 33 5. For the fiscal year beginning July 1, 2011, the maximum 34 reimbursement rates under the supervised apartment living 35 -60- LSB 2820XC (37) 84 pf/jp 60/ 216
S.F. _____ program and for social services providers under contract 1 shall remain at the rates in effect on June 30, 2011, or the 2 provider’s actual and allowable cost plus inflation for each 3 service, whichever is less. However, if a new service or 4 service provider is added after June 30, 2011, the initial 5 reimbursement rate for the service or provider shall be 6 based upon actual and allowable costs. Providers may also 7 be eligible for an additional amount as specified under the 8 department’s request for proposal, bid number ACFS-11-115. 9 6. For the fiscal year beginning July 1, 2011, the 10 reimbursement rates for family-centered service providers, 11 family foster care service providers, group foster care service 12 providers, and the resource family recruitment and retention 13 contractor shall remain at the rates in effect on June 30, 14 2011. 15 7. The group foster care reimbursement rates paid for 16 placement of children out of state shall be calculated 17 according to the same rate-setting principles as those used for 18 in-state providers, unless the director of human services or 19 the director’s designee determines that appropriate care cannot 20 be provided within the state. The payment of the daily rate 21 shall be based on the number of days in the calendar month in 22 which service is provided. 23 8. a. For the fiscal year beginning July 1, 2011, the 24 reimbursement rate paid for shelter care and the child welfare 25 emergency services implemented to provide or prevent the need 26 for shelter care shall be established in a contract based on 27 the requirements of the department’s request for proposal, bid 28 number ACFS-11-114. 29 b. For the fiscal year beginning July 1, 2011, the combined 30 service and maintenance components of the reimbursement rate 31 paid for shelter care services shall be based on the financial 32 and statistical report submitted to the department. The 33 maximum reimbursement rate shall be $92.36 per day. The 34 department shall reimburse a shelter care provider at the 35 -61- LSB 2820XC (37) 84 pf/jp 61/ 216
S.F. _____ provider’s actual and allowable unit cost, plus inflation, not 1 to exceed the maximum reimbursement rate. 2 c. Notwithstanding section 232.141, subsection 8, for the 3 fiscal year beginning July 1, 2011, the amount of the statewide 4 average of the actual and allowable rates for reimbursement of 5 juvenile shelter care homes that is utilized for the limitation 6 on recovery of unpaid costs shall remain at the amount in 7 effect for this purpose in the fiscal year beginning July 1, 8 2010. 9 9. For the fiscal year beginning July 1, 2011, the 10 department shall calculate reimbursement rates for intermediate 11 care facilities for persons with mental retardation at the 12 80th percentile. Beginning July 1, 2011, the rate calculation 13 methodology shall utilize the consumer price index inflation 14 factor applicable to the fiscal year beginning July 1, 2011. 15 10. For the fiscal year beginning July 1, 2011, for child 16 care providers reimbursed under the state child care assistance 17 program, the department shall set provider reimbursement 18 rates based on the rate reimbursement survey completed in 19 December 2004. Effective July 1, 2011, the child care provider 20 reimbursement rates shall remain at the rates in effect on June 21 30, 2011. The department shall set rates in a manner so as 22 to provide incentives for a nonregistered provider to become 23 registered by applying the increase only to registered and 24 licensed providers. 25 11. The department may adopt emergency rules to implement 26 this section. 27 Sec. 30. EMERGENCY RULES. 28 1. If specifically authorized by a provision of this 29 division of this Act, the department of human services or 30 the mental health, and disability services commission may 31 adopt administrative rules under section 17A.4, subsection 32 3, and section 17A.5, subsection 2, paragraph “b”, to 33 implement the provisions and the rules shall become effective 34 immediately upon filing or on a later effective date specified 35 -62- LSB 2820XC (37) 84 pf/jp 62/ 216
S.F. _____ in the rules, unless the effective date is delayed by the 1 administrative rules review committee. Any rules adopted in 2 accordance with this section shall not take effect before 3 the rules are reviewed by the administrative rules review 4 committee. The delay authority provided to the administrative 5 rules review committee under section 17A.4, subsection 7, and 6 section 17A.8, subsection 9, shall be applicable to a delay 7 imposed under this section, notwithstanding a provision in 8 those sections making them inapplicable to section 17A.5, 9 subsection 2, paragraph “b”. Any rules adopted in accordance 10 with the provisions of this section shall also be published as 11 notice of intended action as provided in section 17A.4. 12 2. If during the fiscal year beginning July 1, 2011, the 13 department of human services is adopting rules in accordance 14 with this section or as otherwise directed or authorized by 15 state law, and the rules will result in an expenditure increase 16 beyond the amount anticipated in the budget process or if the 17 expenditure was not addressed in the budget process for the 18 fiscal year, the department shall notify the persons designated 19 by this division of this Act for submission of reports, 20 the chairpersons and ranking members of the committees on 21 appropriations, and the department of management concerning the 22 rules and the expenditure increase. The notification shall be 23 provided at least 30 calendar days prior to the date notice of 24 the rules is submitted to the administrative rules coordinator 25 and the administrative code editor. 26 Sec. 31. CIVIL MONETARY PENALTIES —— DIRECT CARE WORKER 27 INITIATIVES PROPOSAL. The department of human services shall 28 develop a proposal, in collaboration with the department of 29 public health, requesting federal approval for the use of 30 a portion of the funds received by the department of human 31 services as civil monetary penalties from nursing facilities 32 to support direct care worker initiatives that enhance the 33 quality of care in nursing facilities. The proposal shall 34 request use of the funds for direct care worker initiatives 35 -63- LSB 2820XC (37) 84 pf/jp 63/ 216
S.F. _____ based on recommendations of the direct care worker task force 1 established pursuant to 2005 Iowa Acts, chapter 88, as included 2 in the report submitted to the governor and the general 3 assembly in December 2006. Upon completion of the proposal, 4 the department of human services shall submit the proposal to 5 the centers for Medicare and Medicaid services of the United 6 States department of health and human services for approval. 7 The department of human services shall notify the persons 8 designated in this division of this Act for submission of 9 reports upon receipt of approval of the proposal. 10 Sec. 32. FEDERAL GRANTS REPORTING. During the fiscal 11 year beginning July 1, 2011, the departments and agencies 12 receiving an appropriation in this Act from the general fund 13 of the state shall report to the persons designated by this 14 Act for submission of reports and the department of management 15 within 60 calendar days of applying for or renewing a federal 16 grant with a value over $1,000. The report shall list the 17 federal funding source and address the potential need for the 18 commitment of state funding in order to match or continue the 19 funding provided by the federal grant in the present or the 20 future. 21 Sec. 33. REPORTS. Any reports or information required to be 22 compiled and submitted under this Act shall be submitted to the 23 chairpersons and ranking members of the joint appropriations 24 subcommittee on health and human services, the legislative 25 services agency, and the legislative caucus staffs on or 26 before the dates specified for submission of the reports or 27 information. 28 Sec. 34. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 29 APPLICABILITY. The following provisions of this division of 30 this Act, being deemed of immediate importance, take effect 31 upon enactment and if approved by the governor on or after July 32 1, 2011, apply retroactively to June 30, 2011: 33 The provision under the appropriation for child and family 34 services, relating to requirements of section 232.143 for 35 -64- LSB 2820XC (37) 84 pf/jp 64/ 216
S.F. _____ representatives of the department of human services and 1 juvenile court services to establish a plan for continuing 2 group foster care expenditures for fiscal year 2011-2012. 3 DIVISION V 4 PHARMACEUTICAL SETTLEMENT ACCOUNT, 5 IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER REIMBURSEMENT FUND, 6 HEALTH CARE 7 TRANSFORMATION ACCOUNT, MEDICAID FRAUD ACCOUNT, 8 QUALITY ASSURANCE TRUST FUND, AND 9 HOSPITAL HEALTH CARE ACCESS TRUST FUND 10 Sec. 35. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 11 appropriated from the pharmaceutical settlement account created 12 in section 249A.33 to the department of human services for the 13 fiscal year beginning July 1, 2011, and ending June 30, 2012, 14 the following amount, or so much thereof as is necessary, to be 15 used for the purpose designated: 16 Notwithstanding any provision of law to the contrary, to 17 supplement the appropriations made in this Act for medical 18 contracts under the medical assistance program: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,433,613 20 Sec. 36. APPROPRIATIONS FROM IOWACARE ACCOUNT. 21 1. There is appropriated from the IowaCare account 22 created in section 249J.24 to the state board of regents for 23 distribution to the university of Iowa hospitals and clinics 24 for the fiscal year beginning July 1, 2011, and ending June 30, 25 2012, the following amount, or so much thereof as is necessary, 26 to be used for the purposes designated: 27 For salaries, support, maintenance, equipment, and 28 miscellaneous purposes, for the provision of medical and 29 surgical treatment of indigent patients, for provision of 30 services to members of the expansion population pursuant to 31 chapter 249J, and for medical education: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,284,584 33 a. Funds appropriated in this subsection shall not be used 34 to perform abortions except medically necessary abortions, and 35 -65- LSB 2820XC (37) 84 pf/jp 65/ 216
S.F. _____ shall not be used to operate the early termination of pregnancy 1 clinic except for the performance of medically necessary 2 abortions. For the purpose of this subsection, an abortion is 3 the purposeful interruption of pregnancy with the intention 4 other than to produce a live-born infant or to remove a dead 5 fetus, and a medically necessary abortion is one performed 6 under one of the following conditions: 7 (1) The attending physician certifies that continuing the 8 pregnancy would endanger the life of the pregnant woman. 9 (2) The attending physician certifies that the fetus is 10 physically deformed, mentally deficient, or afflicted with a 11 congenital illness. 12 (3) The pregnancy is the result of a rape which is reported 13 within 45 days of the incident to a law enforcement agency or 14 public or private health agency which may include a family 15 physician. 16 (4) The pregnancy is the result of incest which is reported 17 within 150 days of the incident to a law enforcement agency 18 or public or private health agency which may include a family 19 physician. 20 (5) The abortion is a spontaneous abortion, commonly known 21 as a miscarriage, wherein not all of the products of conception 22 are expelled. 23 b. Notwithstanding any provision of law to the contrary, 24 the amount appropriated in this subsection shall be distributed 25 based on claims submitted, adjudicated, and paid by the Iowa 26 Medicaid enterprise. 27 c. The university of Iowa hospitals and clinics shall 28 certify public expenditures in an amount equal to provide 29 the nonfederal share on total expenditures not to exceed 30 $20,000,000. 31 2. There is appropriated from the IowaCare account 32 created in section 249J.24 to the state board of regents for 33 distribution to the university of Iowa hospitals and clinics 34 for the fiscal year beginning July 1, 2011, and ending June 30, 35 -66- LSB 2820XC (37) 84 pf/jp 66/ 216
S.F. _____ 2012, the following amount, or so much thereof as is necessary, 1 to be used for the purposes designated: 2 For salaries, support, maintenance, equipment, and 3 miscellaneous purposes, for the provision of medical and 4 surgical treatment of indigent patients, for provision of 5 services to members of the expansion population pursuant to 6 chapter 249J, and for medical education: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,226,279 8 Notwithstanding any provision of law to the contrary, the 9 amount appropriated in this subsection shall be distributed 10 based on claims submitted, adjudicated, and paid by the Iowa 11 Medicaid enterprise. 12 3. There is appropriated from the IowaCare account 13 created in section 249J.24, to the state board of regents for 14 distribution to university of Iowa physicians for the fiscal 15 year beginning July 1, 2011, and ending June 30, 2012, the 16 following amount, or so much thereof as is necessary to be used 17 for the purposes designated: 18 For salaries, support, maintenance, equipment, and 19 miscellaneous purposes for the provision of medical and 20 surgical treatment of indigent patients, for provision of 21 services to members of the expansion population pursuant to 22 chapter 249J, and for medical education: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,277,753 24 Notwithstanding any provision of law to the contrary, the 25 amount appropriated in this subsection shall be distributed 26 based on claims submitted, adjudicated, and paid by the Iowa 27 Medicaid enterprise. Once the entire amount appropriated in 28 this subsection has been distributed, claims shall continue to 29 be submitted and adjudicated by the Iowa Medicaid enterprise; 30 however, no payment shall be made based upon such claims. 31 4. There is appropriated from the IowaCare account created 32 in section 249J.24 to the department of human services for the 33 fiscal year beginning July 1, 2011, and ending June 30, 2012, 34 the following amount, or so much thereof as is necessary, to be 35 -67- LSB 2820XC (37) 84 pf/jp 67/ 216
S.F. _____ used for the purposes designated: 1 For distribution to a publicly owned acute care teaching 2 hospital located in a county with a population over 350,000 for 3 the provision of medical and surgical treatment of indigent 4 patients, for provision of services to members of the expansion 5 population pursuant to chapter 249J, and for medical education: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000,000 7 a. Notwithstanding any provision of law to the contrary, 8 the amount appropriated in this subsection shall be distributed 9 based on claims submitted, adjudicated, and paid by the Iowa 10 Medicaid enterprise plus a monthly disproportionate share 11 hospital payment. Any amount appropriated in this subsection 12 in excess of $60,000,000 shall be distributed only if the sum 13 of the expansion population claims adjudicated and paid by the 14 Iowa Medicaid enterprise plus the estimated disproportionate 15 share hospital payments exceeds $60,000,000. The amount paid 16 in excess of $60,000,000 shall not adjust the original monthly 17 payment amount but shall be distributed monthly based on actual 18 claims adjudicated and paid by the Iowa Medicaid enterprise 19 plus the estimated disproportionate share hospital amount. Any 20 amount appropriated in this subsection in excess of $60,000,000 21 shall be allocated only if federal funds are available to match 22 the amount allocated. Pursuant to paragraph “b”, of the amount 23 appropriated in this subsection, not more than $4,000,000 shall 24 be distributed for prescription drugs and podiatry services. 25 b. Notwithstanding any provision of law to the contrary, the 26 hospital identified in this subsection, shall be reimbursed for 27 outpatient prescription drugs and podiatry services provided to 28 members of the expansion population pursuant to all applicable 29 medical assistance program rules, in an amount not to exceed 30 $4,000,000. 31 c. Notwithstanding the total amount of proceeds distributed 32 pursuant to section 249J.24, subsection 4, paragraph “a”, 33 unnumbered paragraph 1, for the fiscal year beginning July 34 1, 2011, and ending June 30, 2012, the county treasurer of a 35 -68- LSB 2820XC (37) 84 pf/jp 68/ 216
S.F. _____ county with a population of over 350,000 in which a publicly 1 owned acute care teaching hospital is located shall distribute 2 the proceeds collected pursuant to section 347.7 in a total 3 amount of $38,000,000, which would otherwise be distributed to 4 the county hospital, to the treasurer of state for deposit in 5 the IowaCare account. 6 d. (1) Notwithstanding the amount collected and 7 distributed for deposit in the IowaCare account pursuant to 8 section 249J.24, subsection 6, paragraph “a”, subparagraph 9 (1), the first $19,000,000 in proceeds collected pursuant to 10 section 347.7 between July 1, 2011, and December 31, 2011, 11 shall be distributed to the treasurer of state for deposit in 12 the IowaCare account and collections during this time period 13 in excess of $19,000,000 shall be distributed to the acute 14 care teaching hospital identified in this subsection. Of the 15 collections in excess of the $19,000,000 received by the acute 16 care teaching hospital under this subparagraph (1), $2,000,000 17 shall be distributed by the acute care teaching hospital to the 18 treasurer of state for deposit in the IowaCare account in the 19 month of January 2012, following the July 1 through December 20 31, 2011, period. 21 (2) Notwithstanding the amount collected and distributed 22 for deposit in the IowaCare account pursuant to section 23 249J.24, subsection 6, paragraph “a”, subparagraph (2), 24 the first $19,000,000 in collections pursuant to section 25 347.7 between January 1, 2012, and June 30, 2012, shall be 26 distributed to the treasurer of state for deposit in the 27 IowaCare account and collections during this time period in 28 excess of $19,000,000 shall be distributed to the acute care 29 teaching hospital identified in this subsection. Of the 30 collections in excess of the $19,000,000 received by the acute 31 care teaching hospital under this subparagraph (2), $2,000,000 32 shall be distributed by the acute care teaching hospital to the 33 treasurer of state for deposit in the IowaCare account in the 34 month of July 2012, following the January 1 through June 30, 35 -69- LSB 2820XC (37) 84 pf/jp 69/ 216
S.F. _____ 2012, period. 1 5. 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, 2011, and ending June 30, 2012, 4 the following amount, or so much thereof as is necessary to be 5 used for the purpose designated: 6 For payment to the regional provider network specified 7 by the department pursuant to section 249J.7 for provision 8 of covered services to members of the expansion population 9 pursuant to chapter 249J: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,472,176 11 Notwithstanding any provision of law to the contrary, the 12 amount appropriated in this subsection shall be distributed 13 based on claims submitted, adjudicated, and paid by the Iowa 14 Medicaid enterprise. Once the entire amount appropriated in 15 this subsection has been distributed, claims shall continue to 16 be submitted and adjudicated by the Iowa Medicaid enterprise; 17 however, no payment shall be made based upon such claims. 18 6. There is appropriated from the IowaCare account created 19 in section 249J.24 to the department of human services for the 20 fiscal year beginning July 1, 2011, and ending June 30, 2012, 21 the following amount, or so much thereof as is necessary to be 22 used for the purposes designated: 23 For a care coordination pool to pay the expansion population 24 providers consisting of the university of Iowa hospitals and 25 clinics, the publicly owned acute care teaching hospital as 26 specified in section 249J.7, and current medical assistance 27 program providers that are not expansion population network 28 providers pursuant to section 249J.7, for services covered by 29 the full benefit medical assistance program but not under the 30 IowaCare program pursuant to section 249J.6, that are provided 31 to expansion population members: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 33 a. Notwithstanding sections 249J.6 and 249J.7, the amount 34 appropriated in this subsection is intended to provide 35 -70- LSB 2820XC (37) 84 pf/jp 70/ 216
S.F. _____ payment for medically necessary services provided to expansion 1 population members for continuation of care provided by the 2 university of Iowa hospitals and clinics or the publicly owned 3 acute care teaching hospital as specified in section 249J.7. 4 Payment may only be made for services that are not otherwise 5 covered under section 249J.6, and which are follow-up services 6 to covered services provided by the hospitals specified in this 7 paragraph “a”. 8 b. The funds appropriated in this subsection are intended 9 to provide limited payment for continuity of care services for 10 an expansion population member, and are intended to cover the 11 costs of services to expansion population members, regardless 12 of the member’s county of residence or medical home assignment, 13 if the care is related to specialty or hospital services 14 provided by the hospitals specified in paragraph “a”. 15 c. The funds appropriated in this subsection are 16 not intended to provide for expanded coverage under the 17 IowaCare program, and shall not be used to cover emergency 18 transportation services. 19 d. The department shall adopt administrative rules pursuant 20 to chapter 17A to establish a prior authorization process and 21 to identify covered services for reimbursement under this 22 subsection. 23 7. There is appropriated from the IowaCare account created 24 in section 249J.24 to the department of human services for the 25 fiscal year beginning July 1, 2011, and ending June 30, 2012, 26 the following amount or so much thereof as is necessary to be 27 used for the purposes designated: 28 For a laboratory test and radiology pool for services 29 authorized by a federally qualified health center designated 30 by the department as part of the IowaCare regional provider 31 network that does not have the capability to provide these 32 services on site: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 34 Notwithstanding sections 249J.6 and 249J.7, the amount 35 -71- LSB 2820XC (37) 84 pf/jp 71/ 216
S.F. _____ appropriated in this subsection is intended to provide 1 reimbursement for services provided to expansion population 2 members that have previously been paid for through expenditure 3 by designated regional provider network providers of their 4 own funds, not to expand coverage under the IowaCare program 5 or to expand the expansion population provider network. The 6 department shall designate the laboratory and radiology 7 provider associated with each designated regional provider 8 network provider that may receive reimbursement. The 9 department shall adopt administrative rules pursuant to chapter 10 17A to establish a prior authorization process and to identify 11 covered services for reimbursement under this subsection. 12 All other medical assistance program payment policies and 13 rules for laboratory and radiology services shall apply to 14 services provided under this subsection. If the entire amount 15 appropriated under this subsection is expended, laboratory 16 tests and radiology services ordered by a designated regional 17 provider network provider shall be the financial responsibility 18 of the regional provider network provider. 19 Sec. 37. APPROPRIATIONS FROM NONPARTICIPATING 20 PROVIDER REIMBURSEMENT FUND —— DEPARTMENT OF HUMAN 21 SERVICES. Notwithstanding any provision to the contrary, and 22 subject to the availability of funds, there is appropriated 23 from the nonparticipating provider reimbursement fund created 24 in section 249J.24A to the department of human services for the 25 fiscal year beginning July 1, 2011, and ending June 30, 2012, 26 the following amount or so much thereof as is necessary for the 27 purposes designated: 28 To reimburse nonparticipating providers in accordance with 29 section 249J.24A: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 31 Sec. 38. APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE 32 TRANSFORMATION —— DEPARTMENT OF HUMAN SERVICES. 33 Notwithstanding any provision to the contrary, there is 34 appropriated from the account for health care transformation 35 -72- LSB 2820XC (37) 84 pf/jp 72/ 216
S.F. _____ created in section 249J.23 to the department of human services 1 for the fiscal year beginning July 1, 2011, and ending June 2 30, 2012, the following amounts, or so much thereof as is 3 necessary, to be used for the purposes designated: 4 1. For the provision of an IowaCare nurse helpline for the 5 expansion population as provided in section 249J.6: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 7 2. For other health promotion partnership activities 8 pursuant to section 249J.14: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 10 3. For the costs related to audits, performance 11 evaluations, and studies required pursuant to chapter 249J: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 13 4. For administrative costs associated with chapter 249J: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,132,412 15 5. For planning and development, in cooperation with the 16 department of public health, of a phased-in program to provide 17 a dental home for children in accordance with section 249J.14: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 19 6. For continuation of the establishment of the tuition 20 assistance for individuals serving individuals with 21 disabilities pilot program, as enacted in 2008 Iowa Acts, 22 chapter 1187, section 130: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 24 7. For medical contracts: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 26 8. For payment to the publicly owned acute care teaching 27 hospital located in a county with a population of over 350,000 28 that is a participating provider pursuant to chapter 249J: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 290,000 30 Disbursements under this subsection shall be made monthly. 31 The hospital shall submit a report following the close of the 32 fiscal year regarding use of the funds appropriated in this 33 subsection to the persons specified in this Act to receive 34 reports. 35 -73- LSB 2820XC (37) 84 pf/jp 73/ 216
S.F. _____ 9. For transfer to the department of public health to be 1 used for the costs of medical home system advisory council 2 established pursuant to section 135.159, including for the 3 incorporation of the work and duties of the prevention and 4 chronic care management advisory council pursuant to section 5 135.161, as amended by this Act: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 233,357 7 Notwithstanding section 8.39, subsection 1, without the 8 prior written consent and approval of the governor and the 9 director of the department of management, the director of human 10 services may transfer funds among the appropriations made in 11 this section as necessary to carry out the purposes of the 12 account for health care transformation. The department shall 13 report any transfers made pursuant to this section to the 14 legislative services agency. 15 Sec. 39. MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF 16 INSPECTIONS AND APPEALS. There is appropriated from the 17 Medicaid fraud account created in section 249A.7 to the 18 department of inspections and appeals for the fiscal year 19 beginning July 1, 2011, and ending June 30, 2012, the following 20 amount, or so much thereof as is necessary, to be used for the 21 purposes designated: 22 For the inspection and certification of assisted living 23 programs and adult day care services, including program 24 administration and costs associated with implementation: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,339,527 26 Sec. 40. MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF HUMAN 27 SERVICES. There is appropriated from the Medicaid fraud 28 account created in section 249A.7 to the department of human 29 services for the fiscal year beginning July 1, 2011, and ending 30 June 30, 2012, the following amount, or so much thereof as is 31 necessary, to be used for the purposes designated: 32 To supplement the appropriation made in this Act from the 33 general fund of the state to the department of human services 34 for medical assistance: 35 -74- LSB 2820XC (37) 84 pf/jp 74/ 216
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 1 Sec. 41. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 2 SERVICES. Notwithstanding any provision to the contrary and 3 subject to the availability of funds, there is appropriated 4 from the quality assurance trust fund created in section 5 249L.4 to the department of human services for the fiscal year 6 beginning July 1, 2011, and ending June 30, 2012, the following 7 amounts, or so much thereof as is necessary for the purposes 8 designated: 9 1. To supplement the appropriation made in this Act from the 10 general fund of the state to the department of human services 11 for medical assistance: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 60,496,712 13 2. To increase the monthly upper cost limit for services 14 under the medical assistance home and community-based services 15 waiver for the elderly: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 17 Sec. 42. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 18 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 19 the contrary and subject to the availability of funds, there is 20 appropriated from the hospital health care access trust fund 21 created in section 249M.4 to the department of human services 22 for the fiscal year beginning July 1, 2011, and ending June 23 30, 2012, the following amounts, or so much thereof as is 24 necessary, for the purposes designated: 25 1. To supplement the appropriation made in this Act from the 26 general fund of the state to the department of human services 27 for medical assistance: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,223,800 29 2. For deposit in the nonparticipating provider 30 reimbursement fund created in section 249J.24A to be used for 31 the purposes of the fund: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 776,200 33 Sec. 43. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 34 FOR FY 2011-2012. Notwithstanding section 8.33, if moneys 35 -75- LSB 2820XC (37) 84 pf/jp 75/ 216
S.F. _____ appropriated for purposes of the medical assistance program 1 for the fiscal year beginning July 1, 2011, and ending June 2 30, 2012, from the general fund of the state, the Medicaid 3 fraud account, the quality assurance trust fund, and the 4 hospital health care access trust fund, are in excess of actual 5 expenditures for the medical assistance program and remain 6 unencumbered or unobligated at the close of the fiscal year, 7 the excess moneys shall not revert but shall remain available 8 for expenditure for the purposes of the medical assistance 9 program until the close of the succeeding fiscal year. 10 DIVISION VI 11 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING FOR FISCAL YEAR 12 2011-2012 13 Sec. 44. MENTAL HEALTH, MENTAL RETARDATION, AND 14 DEVELOPMENTAL DISABILITIES SERVICES PROPERTY TAX 15 RELIEF. Notwithstanding the standing appropriation in section 16 426B.1, subsection 2, for the fiscal year beginning July 1, 17 2011, and ending June 30, 2012, the amount appropriated from 18 the general fund of the state pursuant to that provision shall 19 not exceed the following amount: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 81,199,911 21 Sec. 45. 2010 Iowa Acts, chapter 1193, section 1, is amended 22 to read as follows: 23 SECTION 1. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING 24 —— FY 2011-2012. 25 1. Notwithstanding section 331.439, subsection 3 , the 26 allowed growth factor adjustment for county mental health, 27 mental retardation, and developmental disabilities service 28 expenditures for the fiscal year beginning July 1, 2011, shall 29 be established by statute which shall be enacted within thirty 30 calendar days of the convening of the Eighty-fourth General 31 Assembly, 2011 Session, on January 10, 2011. The governor 32 shall submit to the general assembly a recommendation for such 33 allowed growth factor adjustment and the amounts of related 34 appropriations to the general assembly on or before January 11, 35 -76- LSB 2820XC (37) 84 pf/jp 76/ 216
S.F. _____ 2011. 1 2. The appropriation and allocations made in this section 2 fulfill the requirements of the governor and general assembly 3 under subsection 1. 4 3. There is appropriated from the general fund of the 5 state to the department of human services for the fiscal year 6 beginning July 1, 2011, and ending June 30, 2012, the following 7 amount, or so much thereof as is necessary, to be used for the 8 purpose designated: 9 For distribution to counties of the county mental health, 10 mental retardation, and developmental disabilities allowed 11 growth factor adjustment for fiscal year 2011-2012 as provided 12 in this section in lieu of the allowed growth factor provisions 13 of section 331.438, subsection 2, and section 331.439, 14 subsection 3, and chapter 426B: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,697,893 16 Sec. 46. 2010 Iowa Acts, chapter 1193, section 1, as 17 amended by this division of this Act, is amended by adding the 18 following new subsections: 19 NEW SUBSECTION . 4. Of the amount appropriated in this 20 section, $12,000,000 shall be distributed as provided in this 21 subsection. 22 a. To be eligible to receive a distribution under this 23 subsection, a county must meet the following requirements: 24 (1) The county is levying for the maximum amount allowed 25 for the county’s mental health, mental retardation, and 26 developmental disabilities services fund under section 331.424A 27 for taxes due and payable in the fiscal year beginning July 1, 28 2011, or the county is levying for at least 90 percent of the 29 maximum amount allowed for the county’s services fund and that 30 levy rate is more than $2 per $1,000 of the assessed value of 31 all taxable property in the county. 32 (2) In the fiscal year beginning July 1, 2009, the 33 county’s mental health, mental retardation, and developmental 34 disabilities services fund ending balance under generally 35 -77- LSB 2820XC (37) 84 pf/jp 77/ 216
S.F. _____ accepted accounting principles was equal to or less than 15 1 percent of the county’s actual gross expenditures for that 2 fiscal year. 3 b. The amount of a county’s distribution from the allocation 4 made in this subsection shall be determined based upon the 5 county’s proportion of the general population of the counties 6 eligible to receive a distribution under this subsection. The 7 latest certified federal census issued by the United States 8 bureau of the census shall be applied in determining population 9 for the purposes of this paragraph. 10 c. The distributions made pursuant to this subsection 11 are subject to the distribution provisions and withholding 12 requirements established in this section for the county mental 13 health, mental retardation, and developmental disabilities 14 allowed growth factor adjustment for the fiscal year beginning 15 July 1, 2011. 16 NEW SUBSECTION . 5. The following amount of the funding 17 appropriated in this section is the allowed growth factor 18 adjustment for fiscal year 2011-2012, and shall be credited to 19 the allowed growth funding pool created in the property tax 20 relief fund and for distribution in accordance with section 21 426B.5, subsection 1: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,697,893 23 NEW SUBSECTION . 6. The following formula amounts shall be 24 utilized only to calculate preliminary distribution amounts for 25 the allowed growth factor adjustment for fiscal year 2011-2012 26 under this section by applying the indicated formula provisions 27 to the formula amounts and producing a preliminary distribution 28 total for each county: 29 a. For calculation of a distribution amount for eligible 30 counties from the allowed growth funding pool created in the 31 property tax relief fund in accordance with the requirements in 32 section 426B.5, subsection 1: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 49,773,346 34 b. For calculation of a distribution amount for counties 35 -78- LSB 2820XC (37) 84 pf/jp 78/ 216
S.F. _____ from the mental health and developmental disabilities (MH/DD) 1 community services fund in accordance with the formula provided 2 in the appropriation made for the MH/DD community services fund 3 for the fiscal year beginning July 1, 2011: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,187,556 5 NEW SUBSECTION . 7. a. After applying the applicable 6 statutory distribution formulas to the amounts indicated in 7 subsection 6 for purposes of producing preliminary distribution 8 totals, the department of human services shall apply a 9 withholding factor to adjust an eligible individual county’s 10 preliminary distribution total. In order to be eligible for 11 a distribution under this section, a county must be levying 12 90 percent or more of the maximum amount allowed for the 13 county’s mental health, mental retardation, and developmental 14 disabilities services fund under section 331.424A for taxes due 15 and payable in the fiscal year for which the distribution is 16 payable. 17 b. An ending balance percentage for each county shall 18 be determined by expressing the county’s ending balance on a 19 modified accrual basis under generally accepted accounting 20 principles for the fiscal year beginning July 1, 2009, in the 21 county’s mental health, mental retardation, and developmental 22 disabilities services fund created under section 331.424A, as a 23 percentage of the county’s gross expenditures from that fund 24 for that fiscal year. If a county borrowed moneys for purposes 25 of providing services from the county’s services fund on or 26 before July 1, 2009, and the county’s services fund ending 27 balance for that fiscal year includes the loan proceeds or an 28 amount designated in the county budget to service the loan for 29 the borrowed moneys, those amounts shall not be considered 30 to be part of the county’s ending balance for purposes of 31 calculating an ending balance percentage under this subsection. 32 c. For purposes of calculating withholding factors and 33 for ending balance amounts used for other purposes under law, 34 the county ending balances shall be adjusted, using forms 35 -79- LSB 2820XC (37) 84 pf/jp 79/ 216
S.F. _____ developed for this purpose by the county finance committee, 1 to disregard the temporary funding increase provided to the 2 counties for the fiscal year through the federal American 3 Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5. In 4 addition, a county may adjust the ending balance amount by 5 rebating to the department all or a portion of the allowed 6 growth and MH/DD services fund moneys the county received for 7 the fiscal year beginning July 1, 2010, in accordance with 8 2009 Iowa Acts, chapter 179, section 1, as amended by 2009 9 Iowa Acts, chapter 1192, sections 47 and 48, or from any other 10 services fund moneys available to the county. The rebate must 11 be remitted to the department on or before June 1, 2011, in 12 order to be counted. However, if this division of this Act 13 is enacted after June 1, 2011, the rebate must be remitted no 14 later than 10 calendar days after the date of the governor’s 15 approval of this Act. The amount rebated by a county shall be 16 subtracted dollar-for-dollar from the county’s ending balance 17 amount for the fiscal year beginning July 1, 2009, for purposes 18 of calculating the withholding factor and for other ending 19 balance purposes for the fiscal year beginning July 1, 2011. 20 The rebates received by the department shall be credited to the 21 property tax relief fund and distributed as additional funding 22 for the fiscal year beginning July 1, 2011, in accordance with 23 the formula provisions in this section. 24 d. The withholding factor for a county shall be the 25 following applicable percent: 26 (1) For an ending balance percentage of less than 5 27 percent, a withholding factor of 0 percent. In addition, 28 a county that is subject to this lettered paragraph shall 29 receive an inflation adjustment equal to 3 percent of the gross 30 expenditures reported for the county’s services fund for the 31 fiscal year. 32 (2) For an ending balance percentage of 5 percent or more 33 but less than 10 percent, a withholding factor of 0 percent. 34 In addition, a county that is subject to this lettered 35 -80- LSB 2820XC (37) 84 pf/jp 80/ 216
S.F. _____ paragraph shall receive an inflation adjustment equal to 2 1 percent of the gross expenditures reported for the county’s 2 services fund for the fiscal year. 3 (3) For an ending balance percentage of 10 percent or more 4 but less than 25 percent, a withholding factor of 25 percent. 5 However, for counties with an ending balance percentage of 10 6 percent or more but less than 15 percent, the amount withheld 7 shall be limited to the amount by which the county’s ending 8 balance was in excess of the ending balance percentage of 10 9 percent. 10 (4) For an ending balance percentage of 25 percent or more, 11 a withholding percentage of 100 percent. 12 NEW SUBSECTION . 8. The total withholding amounts applied 13 pursuant to subsection 7 shall be equal to a withholding target 14 amount of $13,075,453. If the department of human services 15 determines that the amount appropriated is insufficient or 16 the amount to be withheld in accordance with subsection 7 is 17 not equal to the target withholding amount, the department 18 shall adjust the withholding factors listed in subsection 7 as 19 necessary to achieve the target withholding amount. However, 20 in making such adjustments to the withholding factors, the 21 department shall strive to minimize changes to the withholding 22 factors for those ending balance percentage ranges that are 23 lower than others and shall only adjust the zero withholding 24 factor or the inflation adjustment percentages specified in 25 subsection 7, paragraph “d”, when the amount appropriated is 26 insufficient. 27 Sec. 47. 2010 Iowa Acts, chapter 1193, section 99, is 28 amended to read as follows: 29 SEC. 99. MH/MR/DD SERVICES FUND TRANSFER. Notwithstanding 30 section 331.424A, subsection 5 , and section 331.432, subsection 31 3 , for the fiscal year beginning July 1, 2010, and ending June 32 30, 2011, a county may transfer moneys from other funds of the 33 county to the county’s mental health, mental retardation, and 34 developmental disabilities services fund created in section 35 -81- LSB 2820XC (37) 84 pf/jp 81/ 216
S.F. _____ 331.424A . A county transferring moneys from other funds of the 1 county to the county’s services fund pursuant to this section 2 shall submit a report detailing the transfers made and funds 3 affected. The county shall submit the report along with the 4 county expenditure and information report submitted by December 5 1, 2010 2011 , in accordance with section 331.439 . 6 Sec. 48. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 7 APPLICABILITY. The section of this division of this Act 8 amending 2010 Iowa Acts, chapter 1193, section 99, being deemed 9 of immediate importance, takes effect upon enactment and is 10 retroactively applicable to December 1, 2010. 11 DIVISION VII 12 PRIOR APPROPRIATIONS AND RELATED CHANGES 13 COMMUNITY HOUSING AND SERVICES REVOLVING LOAN PROGRAM 14 Sec. 49. NEW SECTION . 16.185 Community housing and services 15 for persons with disabilities revolving loan program fund. 16 1. A community housing and services for persons with 17 disabilities revolving loan program fund is created within the 18 authority to further the availability of affordable housing and 19 supportive services for Medicaid waiver-eligible individuals 20 with behaviors that provide significant barriers to accessing 21 traditional rental and supportive services opportunities. The 22 moneys in the fund are annually appropriated to the authority 23 to be used for the development and operation of a revolving 24 loan program to provide financing to construct affordable 25 permanent supportive housing or develop infrastructure in 26 which to provide supportive services, including through new 27 construction, acquisition and rehabilitation of existing 28 housing or infrastructure, or conversion or adaptive reuse. 29 2. Moneys transferred by the authority for deposit in the 30 community housing and services for persons with disabilities 31 revolving loan program fund, moneys appropriated to the 32 community housing and services for persons with disabilities 33 revolving loan program, and any other moneys available to and 34 obtained or accepted by the authority for placement in the 35 -82- LSB 2820XC (37) 84 pf/jp 82/ 216
S.F. _____ fund shall be credited to the fund. Additionally, payment of 1 interest, recaptures of awards, and other repayments to the 2 community housing and services for persons with disabilities 3 revolving loan program fund shall be credited to the fund. 4 Notwithstanding section 12C.7, subsection 2, interest or 5 earnings on moneys in the fund shall be credited to the fund. 6 Notwithstanding section 8.33, moneys credited to the fund from 7 any other fund that remain unencumbered or unobligated at the 8 close of the fiscal year shall not revert to the other fund. 9 3. a. The authority shall annually allocate moneys 10 available in the fund for the development of permanent 11 supportive housing for Medicaid waiver-eligible individuals. 12 The authority shall develop a joint application process for the 13 allocation of United States housing and urban development HOME 14 investment partnerships program funding and the funds available 15 under this section. Moneys allocated to such projects may be 16 in the form of loans, forgivable loans, or a combination of 17 loans and forgivable loans. 18 b. The authority shall annually allocate moneys available 19 in the fund for the development of infrastructure in which 20 to provide supportive services for Medicaid waiver-eligible 21 individuals who meet the psychiatric medical institution for 22 children level of care. Moneys allocated to such projects may 23 be in the form of loans, forgivable loans, or a combination of 24 loans and forgivable loans. 25 4. a. A project shall demonstrate written approval of the 26 project by the department of human services to the authority 27 prior to application for funding under this section. 28 b. In order to be approved by the department of human 29 services for application for funding for development of 30 permanent supportive housing under this section, a project 31 shall include all of the following components: 32 (1) Provision of services to any of the following Medicaid 33 waiver-eligible individuals: 34 (a) Individuals who are currently underserved in community 35 -83- LSB 2820XC (37) 84 pf/jp 83/ 216
S.F. _____ placements, including individuals who are physically aggressive 1 or have behaviors that are difficult to manage or individuals 2 who meet the psychiatric medical institution for children level 3 of care. 4 (b) Individuals who are currently residing in out-of-state 5 facilities. 6 (c) Individuals who are currently receiving care in a 7 licensed health care facility. 8 (2) A plan to provide each individual with crisis 9 stabilization services to ensure that the individual’s 10 behavioral issues are appropriately addressed by the provider. 11 (3) Policies and procedures that prohibit discharge of the 12 individual from the waiver services provided by the project 13 provider unless an alternative placement that is acceptable to 14 the client or the client’s guardian is identified. 15 c. In order to be approved by the department of human 16 services for application for funding for development of 17 infrastructure in which to provide supportive services under 18 this section, a project shall include all of the following 19 components: 20 (1) Provision of services to Medicaid waiver-eligible 21 individuals who meet the psychiatric medical institution for 22 children level of care. 23 (2) Policies and procedures that prohibit discharge of the 24 individual from the waiver services provided by the project 25 provider unless an alternative placement that is acceptable to 26 the client or the client’s guardian is identified. 27 d. Housing provided through a project under this section is 28 exempt from the requirements of chapter 135O. 29 5. The authority, in collaboration with the department of 30 human services, shall adopt rules pursuant to chapter 17A to 31 administer this section. 32 VIETNAM CONFLICT VETERANS BONUS 33 Sec. 50. Section 35A.8A, subsection 2, paragraph d, Code 34 2011, is amended to read as follows: 35 -84- LSB 2820XC (37) 84 pf/jp 84/ 216
S.F. _____ d. The person files an application for compensation under 1 this section , in a manner determined by the department of 2 veterans affairs , by July 1, 2010 May 1, 2011 . 3 VIETNAM CONFLICT VETERANS 4 BONUS FUND 5 Sec. 51. 2008 Iowa Acts, chapter 1187, section 68, as 6 amended by 2009 Iowa Acts, chapter 182, section 82, and 2010 7 Iowa Acts, chapter 1192, section 55, is amended to read as 8 follows: 9 Notwithstanding section 8.33 , moneys appropriated in this 10 section that remain unencumbered or unobligated at the close of 11 the fiscal year shall not revert but shall remain available for 12 expenditure for the purposes designated until the close of the 13 fiscal year beginning July 1, 2010 repeal of section 35A.8A . 14 Upon such repeal, the remaining moneys shall be transferred to 15 the veterans trust fund and, notwithstanding section 35A.13, 16 subsection 3, shall only be expended in accordance with an 17 appropriation for purposes of a bonus enacted for veterans of 18 the conflicts in Panama, Grenada, Lebanon, or the Persian Gulf. 19 INJURED VETERANS GRANT PROGRAM 20 Sec. 52. 2008 Iowa Acts, chapter 1187, section 69, 21 unnumbered paragraph 1, as amended by 2009 Iowa Acts, chapter 22 182, section 83, and 2010 Iowa Acts, chapter 1192, section 56, 23 is amended to read as follows: 24 Notwithstanding section 8.33 , moneys appropriated in this 25 subsection that remain unencumbered or unobligated at the close 26 of the fiscal year shall not revert but shall remain available 27 for expenditure for the purposes designated until the close of 28 the fiscal year beginning July 1, 2010 2011 . 29 BEHAVIORAL HEALTH SERVICES 30 ACCOUNT —— MEDICAL ASSISTANCE 31 Sec. 53. 2009 Iowa Acts, chapter 182, section 9, subsection 32 16, paragraph b, as amended by 2010 Iowa Acts, chapter 1192, 33 section 63, is amended to read as follows: 34 b. The department shall continue to maintain a separate 35 -85- LSB 2820XC (37) 84 pf/jp 85/ 216
S.F. _____ account within the medical assistance budget for the deposit 1 of all funds remitted pursuant to a contract with a third 2 party to administer behavioral health services under the 3 medical assistance program established pursuant to 2008 Iowa 4 Acts, chapter 1187, section 9, subsection 20. Notwithstanding 5 section 8.33 , other than funds remaining from the appropriation 6 allocations made for implementation of the emergency mental 7 health crisis services and system, for implementation of the 8 mental health services system for children and youth, and 9 for training of child welfare services providers in 2008 10 Iowa Acts, chapter 1187, section 9, subsection 20, paragraph 11 “c”, subparagraphs (1), (2), and (6), as authorized in 2009 12 Iowa Acts, chapter 182, section 72, shall not revert but 13 shall remain available in succeeding fiscal years to be used 14 for the purposes designated until expended and any other 15 funds remaining in the account that remain unencumbered or 16 unobligated at the end of the fiscal year shall not revert 17 but shall remain available in succeeding fiscal years 18 and are appropriated to the department to be used for the 19 medical assistance program to be used for purposes of crisis 20 stabilization and other mental and behavioral health service 21 improvements . 22 CHILD WELFARE DECATEGORIZATION 23 FY 2009-2010 NONREVERSION 24 Sec. 54. 2009 Iowa Acts, chapter 182, section 14, subsection 25 5, is amended by adding the following new unnumbered paragraph: 26 NEW UNNUMBERED PARAGRAPH . Notwithstanding section 27 232.188, subsection 5, moneys from the allocations made 28 in this subsection or made from any other source for the 29 decategorization of child welfare and juvenile justice funding 30 initiative under section 232.188 for the fiscal year beginning 31 July 1, 2009, that are designated as carryover funding that 32 remain unencumbered or unobligated at the close of the fiscal 33 year beginning July 1, 2010, shall not revert but shall be 34 transferred to the community housing and services for persons 35 -86- LSB 2820XC (37) 84 pf/jp 86/ 216
S.F. _____ with disabilities revolving loan program fund created in 1 section 16.185, as enacted by this division of this Act. 2 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 —— ALLOCATION 3 FOR INFANT AND TODDLER CARE QUALITY 4 Sec. 55. 2009 Iowa Acts, chapter 183, section 62, subsection 5 3, is amended to read as follows: 6 3. For the purposes of this subsection, “federal poverty 7 level” means the poverty level defined by the most recently 8 revised poverty income guidelines published by the United 9 States department of health and human services. The program 10 shall provide financial assistance to families with infants 11 and toddlers less than thirty-six months of age two that have 12 a family income of more than 145 percent but not more than 185 13 percent of the federal poverty level. However, the department 14 may adjust the qualifying criteria or the financial assistance 15 purpose provisions specified in this subsection or make other 16 changes as necessary for implementation to conform with federal 17 requirements for the funding. Outcome reporting and other 18 grant requirements shall be developed by the department in 19 cooperation with the Iowa empowerment board. 20 Sec. 56. 2009 Iowa Acts, chapter 183, section 62, subsection 21 4, is amended to read as follows: 22 4. The financial assistance shall be for any of the 23 following purposes: 24 a. For making temporary payments to qualifying families 25 whose members are recently unemployed and seeking work to use 26 in meeting immediate family needs. 27 b. For providing sliding scale subsidies for qualifying 28 families for child care provided to the families’ infants 29 and toddlers by providers who are accredited by the national 30 association for the education of young children or the national 31 association for family child care, or who have a rating at 32 level 3 2 or higher under the child care quality rating system 33 implemented pursuant to section 237A.30. 34 c. For expanding training and other support for infant care 35 -87- LSB 2820XC (37) 84 pf/jp 87/ 216
S.F. _____ providers in the community and this state. 1 d. For ensuring child care environments are healthy and 2 safe. 3 e. For promoting positive relationships between parents 4 and providers in their mutual efforts to care for very young 5 children. 6 f. For ensuring that parents have the information and 7 resources needed to choose quality child care. 8 IOWA DEPARTMENT ON AGING CASE MANAGEMENT REVIEW 9 Sec. 57. 2010 Iowa Acts, chapter 1192, section 1, subsection 10 2, is amended to read as follows: 11 2. a. Of the funds appropriated in this section, $1,246,514 12 shall be transferred to the department of human services in 13 equal amounts on a quarterly basis for reimbursement of case 14 management services provided under the medical assistance 15 elderly waiver. The department of human services shall adopt 16 rules for case management services provided under the medical 17 assistance elderly waiver in consultation with the department 18 on aging. 19 b. The department of human services shall review 20 projections for state funding expenditures for reimbursement 21 of case management services under the medical assistance 22 elderly waiver on a quarterly basis and shall determine if an 23 adjustment to the medical assistance reimbursement rates are 24 necessary to provide reimbursement within the state funding 25 amounts budgeted under the appropriations made for the fiscal 26 year for the medical assistance program. Any temporary 27 enhanced federal financial participation that may become 28 available for the medical assistance program during the fiscal 29 year shall not be used in projecting the medical assistance 30 elderly waiver case management budget. The department of human 31 services shall revise such reimbursement rates as necessary to 32 maintain expenditures for medical assistance elderly waiver 33 case management services within the state funding amounts 34 budgeted under the appropriations made for the fiscal year for 35 -88- LSB 2820XC (37) 84 pf/jp 88/ 216
S.F. _____ the medical assistance program. 1 IOWA VETERANS HOME 2 Sec. 58. 2010 Iowa Acts, chapter 1192, section 3, subsection 3 2, is amended by adding the following new paragraph: 4 NEW PARAGRAPH . d. The funds appropriated in this subsection 5 to the Iowa veterans home that remain available for expenditure 6 for the succeeding fiscal year pursuant to section 35D.18, 7 subsection 5, shall be distributed to be used in the succeeding 8 fiscal year in accordance with this lettered paragraph. The 9 first $500,000 shall remain available to be used for the 10 purposes of the Iowa veterans home. On or before October 15, 11 2011, the department of management shall transfer the remaining 12 balance to the appropriation to the department of human 13 services for medical assistance. 14 MEDICAL ASSISTANCE PROGRAM 15 Sec. 59. 2010 Iowa Acts, chapter 1192, section 11, is 16 amended by adding the following new subsection: 17 NEW SUBSECTION . 25. The department may increase the amounts 18 allocated for salaries, support, maintenance, and miscellaneous 19 purposes associated with the medical assistance program as 20 necessary to implement cost containment efforts in order to 21 accomplish medical assistance program savings. These amounts 22 may be transferred to the appropriation made in this division 23 of this Act for the health insurance premium payment program. 24 STATE SUPPLEMENTARY ASSISTANCE PROGRAM 25 Sec. 60. 2010 Iowa Acts, chapter 1192, section 14, is 26 amended by adding the following new subsection: 27 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 28 appropriated in this section that remain unencumbered or 29 unobligated at the close of the fiscal year shall remain 30 available for expenditure for the purposes designated until the 31 close of the succeeding fiscal year. 32 CHILD WELFARE TRAINING ACADEMY 33 Sec. 61. 2010 Iowa Acts, chapter 1192, section 19, 34 subsection 22, is amended to read as follows: 35 -89- LSB 2820XC (37) 84 pf/jp 89/ 216
S.F. _____ 22. Of the funds appropriated in this section, at least 1 $47,158 shall be used for the child welfare training academy. 2 Notwithstanding section 8.33, moneys allocated in this 3 subsection that remain unencumbered or unobligated at the close 4 of the fiscal year shall not revert but shall remain available 5 for expenditure for the purposes designated until the close of 6 the succeeding fiscal year. 7 ADOPTION SUBSIDY TRANSFER AND NONREVERSION 8 Sec. 62. 2010 Iowa Acts, chapter 1192, section 20, is 9 amended by adding the following new subsections: 10 NEW SUBSECTION . 4. Of the funds appropriated in this 11 section, $60,000 shall be transferred to the appropriation 12 made in this division of this Act for the state mental health 13 institute at Cherokee to be used for childrens’ beds at the 14 institute. 15 NEW SUBSECTION . 5. Notwithstanding section 8.33, moneys 16 appropriated in this section that remain unencumbered or 17 unobligated at the close of the fiscal year shall not revert 18 but shall remain available for expenditure for the purposes 19 designated until the close of the succeeding fiscal year. 20 DEPARTMENT OF HUMAN SERVICES —— FIELD OPERATIONS 21 Sec. 63. 2010 Iowa Acts, chapter 1192, section 29, is 22 amended by adding the following new unnumbered paragraph: 23 NEW UNNUMBERED PARAGRAPH . Notwithstanding section 8.33, 24 moneys appropriated in this section that remain unencumbered or 25 unobligated at the close of the fiscal year shall not revert 26 but shall remain available for expenditure for the purposes 27 designated until the close of the succeeding fiscal year. 28 DEPARTMENT OF HUMAN SERVICES —— GENERAL ADMINISTRATION 29 Sec. 64. 2010 Iowa Acts, chapter 1192, section 30, is 30 amended by adding the following new subsection: 31 NEW SUBSECTION . 5. Notwithstanding section 8.33, moneys 32 appropriated in this section and the designated allocations 33 that remain unencumbered or unobligated at the close of the 34 fiscal year shall not revert but shall remain available for 35 -90- LSB 2820XC (37) 84 pf/jp 90/ 216
S.F. _____ expenditure for the purposes designated until the close of the 1 succeeding fiscal year. 2 IOWA DEPARTMENT ON AGING CASE MANAGEMENT REVIEW 3 Sec. 65. 2010 Iowa Acts, chapter 1192, section 37, 4 subsection 1, is amended to read as follows: 5 1. a. Of the funds appropriated in this section, $1,010,000 6 shall be transferred to the department of human services in 7 equal amounts on a quarterly basis for reimbursement of case 8 management services provided under the medical assistance 9 elderly waiver. 10 b. The department of human services shall review 11 projections for state funding expenditures for reimbursement 12 of case management services under the medical assistance 13 elderly waiver on a quarterly basis and shall determine if an 14 adjustment to the medical assistance reimbursement rates are 15 necessary to provide reimbursement within the state funding 16 amounts budgeted under the appropriations made for the fiscal 17 year for the medical assistance program. Any temporary 18 enhanced federal financial participation that may become 19 available for the medical assistance program during the fiscal 20 year shall not be used in projecting the medical assistance 21 elderly waiver case management budget. The department of human 22 services shall revise such reimbursement rates as necessary to 23 maintain expenditures for medical assistance elderly waiver 24 case management services within the state funding amounts 25 budgeted under the appropriations made for the fiscal year for 26 the medical assistance program. 27 QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN SERVICES 28 Sec. 66. 2010 Iowa Acts, chapter 1192, section 44, is 29 amended to read as follows: 30 SEC. 44. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 31 SERVICES. Notwithstanding any provision to the contrary and 32 subject to the availability of funds, there is appropriated 33 from the quality assurance trust fund created in section 34 249L.4 to the department of human services for the fiscal year 35 -91- LSB 2820XC (37) 84 pf/jp 91/ 216
S.F. _____ beginning July 1, 2010, and ending June 30, 2011, the following 1 amounts, or so much thereof as is necessary for the purposes 2 designated: 3 To supplement the appropriation made in this Act from the 4 general fund of the state to the department of human services 5 for medical assistance: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,900,000 7 33,708,458 8 1. Of the funds appropriated in this section, $7,500,000 9 shall be used for nursing facility reimbursement under the 10 medical assistance program in accordance with the nursing 11 facility reimbursement provisions of division IV of this 12 Act, to continue application of the administrative rules 13 changes relating to nursing facility reimbursement and payment 14 procedures made pursuant to 2010 Iowa Acts, Senate File 2366, 15 if enacted, for the fiscal year beginning July 1, 2010, and 16 ending June 30, 2011, and to restore the 5 percent reduction 17 made in nursing facility reimbursement in accordance with 18 executive order number 19 issued October 8, 2009. 19 2. The costs associated with the implementation of this 20 section shall be funded exclusively through moneys appropriated 21 from the quality assurance trust fund, and shall result in 22 budget neutrality to the general fund of the state for the 23 fiscal year beginning July 1, 2010, and ending June 30, 2011. 24 INJURED VETERANS TRUST FUND 25 Sec. 67. INJURED VETERANS TRUST FUND. There is appropriated 26 from the general fund of the state to the department of 27 veterans affairs for the fiscal year beginning July 1, 28 2010, and ending June 30, 2011, the following amount, or so 29 much thereof as is necessary, to be used for the purposes 30 designated: 31 To be credited to the injured veterans trust fund created 32 pursuant to section 35A.14 to be used for the injured veterans 33 grant program: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 35 -92- LSB 2820XC (37) 84 pf/jp 92/ 216
S.F. _____ The department shall review the rules and statutory 1 provisions pertaining to the injured veterans grant program and 2 propose amendments to improve the program. Notwithstanding 3 section 8.33, moneys appropriated in this section that remain 4 unencumbered or unobligated at the close of the fiscal year 5 shall not revert but shall remain available for expenditure for 6 the purposes designated until expended. 7 MERCHANT MARINE BONUS FUND TRANSFER 8 Sec. 68. DEPARTMENT OF CULTURAL AFFAIRS —— MERCHANT MARINE 9 BONUS FUND. 10 1. The appropriation made from the merchant marine bonus 11 fund to the department of cultural affairs for the fiscal year 12 beginning July 1, 2010, and ending June 30, 2011, in 2010 Iowa 13 Acts, chapter 1193, section 82, shall be transferred on the 14 effective date of this section to the department of veterans 15 affairs to be used for departmental costs. 16 2. Moneys transferred pursuant to this section that remain 17 unencumbered or unobligated at the close of the fiscal year 18 shall be credited to the veterans trust fund created in section 19 35A.13. 20 Sec. 69. DECATEGORIZATION PROJECT FUNDING. For the 21 period beginning June 1, 2010, and ending June 30, 2012, a 22 child welfare and juvenile justice funding decategorization 23 initiative project that is incorporated and owns real property 24 may utilize project funding to purchase liability insurance. 25 STATE INSTITUTION —— APPROPRIATION TRANSFERS 26 Sec. 70. DEPARTMENT OF HUMAN SERVICES. There is transferred 27 between the following designated appropriations made to the 28 department of human services for the fiscal year beginning July 29 1, 2010, and ending June 30, 2011, not more than the following 30 amounts: 31 1. From the appropriation made for purposes of the state 32 resource center at Glenwood in 2010 Iowa Acts, chapter 1192, 33 section 25, subsection 1, paragraph “a”, to the appropriation 34 made for purposes of the Iowa juvenile home at Toledo in 2010 35 -93- LSB 2820XC (37) 84 pf/jp 93/ 216
S.F. _____ Iowa Acts, chapter 1192, section 17, subsection 1: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 2 2. From the appropriation made for purposes of the state 3 resource center at Woodward in 2010 Iowa Acts, chapter 1192, 4 section 25, subsection 1, paragraph “b”, to the appropriation 5 made for purposes of the state mental health institute at 6 Independence in 2010 Iowa Acts, chapter 1192, section 24, 7 subsection 1, paragraph “c”: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 9 Sec. 71. ACCOUNTABLE CARE ORGANIZATION —— PILOT. 10 1. a. If an entity applies for certification from the 11 secretary of the United States department of health and 12 human services prior to January 1, 2012, and is subsequently 13 certified to administer an accountable care organization 14 pilot project, pursuant to the federal Patient Protection and 15 Accountability Act, Pub. L. No. 111-148, the department of 16 human services shall work with the entity to provide access to 17 the complete deidentified claims data of the medical assistance 18 recipients receiving health care services through the pilot 19 project for the purposes of identifying areas of utilization, 20 need, and potential cost savings to the medical assistance 21 program subject to all applicable state and federal laws and 22 regulations. The department may also employ new payment 23 models, information technology, and data analytics provisions 24 necessary to the administration of the pilot project. 25 b. The department of human services shall work with an 26 entity to administer an accountable care organization pilot 27 project, only if the centers for Medicare and Medicaid services 28 of the United States department of health and human services 29 approves participation of the medical assistance program in 30 the pilot project and the entity meets all of the following 31 requirements: 32 (1) At a minimum, includes the participation of a 33 prospective payment system hospital, ten primary care 34 physicians, a home health care practice, a palliative care 35 -94- LSB 2820XC (37) 84 pf/jp 94/ 216
S.F. _____ services, a hospice service, and a community mental health 1 center, all of which agree to be paid under a partial or global 2 payment for identified services. 3 (2) Requires all participating providers to utilize 4 electronic health records. 5 (3) Includes delivery of mental health services to 6 recipients of medical assistance through collaboration with 7 the regional community mental health center, a federally 8 qualified health center, and at least one nursing facility as 9 consistent with any other law enacted by the Eighty-fourth 10 general assembly, 2011 session, that redesigns the mental 11 health delivery system in the state. 12 c. The entity certified to implement the pilot project shall 13 report to the joint appropriations subcommittee for health and 14 human services during the 2012 legislative session detailing 15 the progress and expected outcomes of the pilot project. 16 Sec. 72. EMERGENCY RULES. For purposes of the initial 17 rules to implement the provisions of section 16.185, as enacted 18 by this division of this Act, the Iowa finance authority may 19 adopt administrative rules under section 17A.4, subsection 20 3, and section 17A.5, subsection 2, paragraph “b”, to 21 implement the provisions and the rules shall become effective 22 immediately upon filing or on a later effective date specified 23 in the rules, unless the effective date is delayed by the 24 administrative rules review committee. Any rules adopted in 25 accordance with this section shall not take effect before 26 the rules are reviewed by the administrative rules review 27 committee. The delay authority provided to the administrative 28 rules review committee under section 17A.4, subsection 7, and 29 section 17A.8, subsection 9, shall be applicable to a delay 30 imposed under this section, notwithstanding a provision in 31 those sections making them inapplicable to section 17A.5, 32 subsection 2, paragraph “b”. Any rules adopted in accordance 33 with the provisions of this section shall also be published as 34 a notice of intended action as provided in section 17A.4. 35 -95- LSB 2820XC (37) 84 pf/jp 95/ 216
S.F. _____ Sec. 73. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 1 APPLICABILITY. Except as otherwise provided by this division 2 of this Act, this division of this Act, being deemed of 3 immediate importance, takes effect upon enactment and if 4 approved by the governor on or after July 1, 2011, applies 5 retroactively to June 30, 2011. 6 Sec. 74. RETROACTIVE APPLICABILITY. The section of this 7 division of this Act addressing child welfare and juvenile 8 justice funding decategorization initiative project funding for 9 the period beginning June 1, 2010, and ending June 30, 2012, 10 applies retroactively to June 1, 2010. 11 Sec. 75. RETROACTIVE APPLICABILITY. The section of 12 this division of this Act amending section 35A.8A, applies 13 retroactively to July 1, 2010. 14 Sec. 76. RETROACTIVE APPLICABILITY. The section of this 15 division of this Act making transfers between appropriations 16 made to the department of human services for state institutions 17 in 2010 Iowa Acts, chapter 1192, applies retroactively to 18 January 1, 2011. 19 DIVISION VIII 20 PREVENTION AND CHRONIC CARE MANAGEMENT 21 Sec. 77. Section 135.159, subsection 10, Code 2011, is 22 amended to read as follows: 23 10. The department shall integrate the recommendations 24 and policies developed by the prevention and chronic care 25 management advisory council pursuant to section 135.161, Code 26 2011, into the medical home system and shall incorporate the 27 development and implementation of the state initiative for 28 prevention and chronic care management as developed pursuant to 29 section 135.161, Code 2011, into the duties of the medical home 30 system advisory council beginning January 1, 2012 . 31 Sec. 78. Section 135.162, subsections 1 and 3, Code 2011, 32 are amended to read as follows: 33 1. The director shall convene a clinicians advisory panel to 34 advise and recommend to the department clinically appropriate, 35 -96- LSB 2820XC (37) 84 pf/jp 96/ 216
S.F. _____ evidence-based best practices regarding the implementation 1 of the medical home as defined in section 135.157 and the 2 prevention and chronic care management initiative pursuant to 3 section 135.161 . The director shall act as chairperson of the 4 advisory panel. 5 3. The clinicians advisory panel shall meet on a quarterly 6 basis to receive updates from the director regarding strategic 7 planning and implementation progress on the medical home and 8 the prevention and chronic care management initiative and shall 9 provide clinical consultation to the department regarding the 10 medical home and the initiative . 11 Sec. 79. Section 136.3, subsection 14, Code 2011, is amended 12 to read as follows: 13 14. Perform those duties authorized pursuant to sections 14 135.156 , and 135.159 , and 135.161 , and other provisions of law. 15 Sec. 80. REPEAL. Section 135.161, Code 2011, is repealed. 16 Sec. 81. EFFECTIVE DATE. This division of this Act takes 17 effect December 31, 2011. 18 DIVISION IX 19 MISCELLANEOUS 20 Sec. 82. Section 29C.20B, Code 2011, is amended to read as 21 follows: 22 29C.20B Disaster case management. 23 1. The rebuild Iowa office homeland security and emergency 24 management division shall work with the department of 25 human services and nonprofit, voluntary, and faith-based 26 organizations active in disaster recovery and response 27 in coordination with the homeland security and emergency 28 management division the department of human services to 29 establish a statewide system of disaster case management 30 to be activated following the governor’s proclamation of a 31 disaster emergency or the declaration of a major disaster by 32 the president of the United States for individual assistance 33 purposes. Under the system, the department of human services 34 homeland security and emergency management division shall 35 -97- LSB 2820XC (37) 84 pf/jp 97/ 216
S.F. _____ coordinate case management services locally through local 1 committees as established in each local emergency management 2 commission’s emergency plan. Beginning July 1, 2011, the 3 department of human services shall assume the duties of the 4 rebuild Iowa office under this subsection . 5 2. The department of human services homeland security 6 and emergency management division , in conjunction with the 7 rebuild Iowa office, the homeland security and emergency 8 management division department of human services , and an 9 Iowa representative to the national voluntary organizations 10 active in disaster, shall adopt rules pursuant to chapter 11 17A to create coordination mechanisms and standards for the 12 establishment and implementation of a statewide system of 13 disaster case management which shall include at least all of 14 the following: 15 a. Disaster case management standards. 16 b. Disaster case management policies. 17 c. Reporting requirements. 18 d. Eligibility criteria. 19 e. Coordination mechanisms necessary to carry out the 20 services provided. 21 f. Develop formal working relationships with agencies and 22 create interagency agreements for those considered to provide 23 disaster case management services. 24 g. Coordination of all available services for individuals 25 from multiple agencies. 26 Sec. 83. Section 135.106, Code 2011, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 4. It is the intent of the general 29 assembly that priority for home visitation funding be given to 30 approaches using evidence-based or promising models for home 31 visitation. 32 Sec. 84. Section 135H.6, subsection 8, Code 2011, is amended 33 to read as follows: 34 8. The department of human services may give approval to 35 -98- LSB 2820XC (37) 84 pf/jp 98/ 216
S.F. _____ conversion of beds approved under subsection 6 , to beds which 1 are specialized to provide substance abuse treatment. However, 2 the total number of beds approved under subsection 6 and this 3 subsection shall not exceed four hundred thirty. Conversion 4 of beds under this subsection shall not require a revision of 5 the certificate of need issued for the psychiatric institution 6 making the conversion. Beds for children who do not reside 7 in this state and whose service costs are not paid by public 8 funds in this state are not subject to the limitations on the 9 number of beds and certificate of need requirements otherwise 10 applicable under this section. 11 Sec. 85. Section 147.136, Code 2011, is amended to read as 12 follows: 13 147.136 Scope of recovery. 14 1. In Except as otherwise provided in subsection 2, in an 15 action for damages for personal injury against a physician and 16 surgeon, osteopathic physician and surgeon, dentist, podiatric 17 physician, optometrist, pharmacist, chiropractor, or nurse 18 licensed to practice that profession in this state, or against 19 a hospital licensed for operation in this state, based on the 20 alleged negligence of the practitioner in the practice of the 21 profession or occupation, or upon the alleged negligence of 22 the hospital in patient care, in which liability is admitted 23 or established, the damages awarded shall not include actual 24 economic losses incurred or to be incurred in the future by the 25 claimant by reason of the personal injury, including but not 26 limited to, the cost of reasonable and necessary medical care, 27 rehabilitation services, and custodial care, and the loss of 28 services and loss of earned income, to the extent that those 29 losses are replaced or are indemnified by insurance, or by 30 governmental, employment, or service benefit programs or from 31 any other source except the assets of the claimant or of the 32 members of the claimant’s immediate family . 33 2. This section shall not bar recovery of economic losses 34 replaced or indemnified by any of the following: 35 -99- LSB 2820XC (37) 84 pf/jp 99/ 216
S.F. _____ a. Benefits received under the medical assistance program 1 under chapter 249A. 2 b. The assets of the claimant or of the members of the 3 claimant’s immediate family. 4 Sec. 86. Section 153.14, subsection 1, Code 2011, is amended 5 to read as follows: 6 1. Students of dentistry who practice dentistry upon 7 patients at clinics in connection with their regular course 8 of instruction at the state an accredited dental college, 9 students of dental hygiene who practice upon patients at 10 clinics in connection with their regular course of instruction 11 at state-approved schools, and students of dental assisting 12 who practice upon patients at clinics in connection with a 13 regular course of instruction determined by the board pursuant 14 to section 153.39 . 15 Sec. 87. Section 154A.24, subsection 3, paragraph s, Code 16 2011, is amended by striking the paragraph. 17 Sec. 88. NEW SECTION . 155A.43 Pharmaceutical collection and 18 disposal program —— annual allocation. 19 Of the fees collected pursuant to sections 124.301 and 20 147.80 and chapter 155A by the board of pharmacy, and retained 21 by the board pursuant to section 147.82, not more than one 22 hundred twenty-five thousand dollars, may be allocated annually 23 by the board for administering the pharmaceutical collection 24 and disposal program originally established pursuant to 2009 25 Iowa Acts, chapter 175, section 9. The program shall provide 26 for the management and disposal of unused, excess, and expired 27 pharmaceuticals. The board of pharmacy may cooperate with the 28 Iowa pharmacy association and may consult with the department 29 and sanitary landfill operators in administering the program. 30 Sec. 89. Section 225B.8, Code 2011, is amended to read as 31 follows: 32 225B.8 Repeal. 33 This chapter is repealed July 1, 2011 2012 . 34 Sec. 90. Section 232.188, subsection 5, paragraph b, 35 -100- LSB 2820XC (37) 84 pf/jp 100/ 216
S.F. _____ unnumbered paragraph 1, Code 2011, is amended to read as 1 follows: 2 Notwithstanding section 8.33 , moneys designated for a 3 project’s decategorization services funding pool that remain 4 unencumbered or unobligated at the close of the fiscal year 5 shall not revert but shall remain available for expenditure as 6 directed by the project’s governance board for child welfare 7 and juvenile justice systems enhancements and other purposes of 8 the project until the close of the succeeding fiscal year and 9 for the next two succeeding fiscal years. Such moneys shall be 10 known as “carryover funding” . Moneys may be made available to a 11 funding pool from one or more of the following sources: 12 Sec. 91. Section 235B.19, Code 2011, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 2A. a. The department shall serve a copy 15 of the petition and any order authorizing protective services, 16 if issued, on the dependent adult and on persons who are 17 competent adults and reasonably ascertainable at the time the 18 petition is filed in accordance with the following priority: 19 (1) An attorney in fact named by the dependent adult in a 20 durable power of attorney for health care pursuant to chapter 21 144B. 22 (2) The dependent adult’s spouse. 23 (3) The dependent adult’s children. 24 (4) The dependent adult’s grandchildren. 25 (5) The dependent adult’s siblings. 26 (6) The dependent adult’s aunts and uncles. 27 (7) The dependent adult’s nieces and nephews. 28 (8) The dependent adult’s cousins. 29 b. When the department has served a person in one of the 30 categories specified in paragraph “a” , the department shall not 31 be required to serve a person in any other category. 32 c. The department shall serve the dependent adult’s copy 33 of the petition and order personally upon the dependent 34 adult. Service of the petition and all other orders and 35 -101- LSB 2820XC (37) 84 pf/jp 101/ 216
S.F. _____ notices shall be in a sealed envelope with the proper postage 1 on the envelope, addressed to the person being served at the 2 person’s last known post office address, and deposited in a 3 mail receptacle provided by the United States postal service. 4 The department shall serve such copies of emergency orders 5 authorizing protective services and notices within three days 6 after filing the petition and receiving such orders. 7 d. The department and all persons served by the department 8 with notices under this subsection shall be prohibited from 9 all of the following without prior court approval after the 10 department’s petition has been filed: 11 (1) Selling, removing, or otherwise disposing of the 12 dependent adult’s personal property. 13 (2) Withdrawing funds from any bank, savings and loan 14 association, credit union, or other financial institution, or 15 from an account containing securities in which the dependent 16 adult has an interest. 17 Sec. 92. Section 237A.1, subsection 3, paragraph n, Code 18 2011, is amended to read as follows: 19 n. A program offered to a child whose parent, guardian, 20 or custodian is engaged solely in a recreational or social 21 activity, remains immediately available and accessible on the 22 physical premises on which the child’s care is provided, and 23 does not engage in employment while the care is provided. 24 However, if the recreational or social activity is provided in 25 a fitness center or on the premises of a nonprofit organization 26 the parent, guardian, or custodian of the child may be employed 27 to teach or lead the activity. 28 Sec. 93. Section 249A.4B, subsection 2, paragraph a, 29 subparagraph (18), Code 2011, is amended to read as follows: 30 (18) The Iowa/Nebraska Iowa primary care association. 31 Sec. 94. REPEAL. Section 135.27A, Code 2011, is repealed 32 December 31, 2011. 33 DIVISION X 34 MEDICAID PRESCRIPTION DRUGS 35 -102- LSB 2820XC (37) 84 pf/jp 102/ 216
S.F. _____ Sec. 95. Section 249A.20A, subsection 4, Code 2011, is 1 amended to read as follows: 2 4. With the exception of drugs prescribed for the treatment 3 of human immunodeficiency virus or acquired immune deficiency 4 syndrome, transplantation, or cancer and drugs prescribed 5 for mental illness with the exception of drugs and drug 6 compounds that do not have a significant variation in a 7 therapeutic profile or side effect profile within a therapeutic 8 class, prescribing and dispensing of prescription drugs not 9 included on the preferred drug list shall be subject to prior 10 authorization. 11 Sec. 96. 2010 Iowa Acts, chapter 1031, section 348, is 12 amended to read as follows: 13 SEC. 348. MEDICAID NONPREFERRED DRUG LIST PRESCRIBING. 14 1. The department shall adopt rules pursuant to chapter 17A 15 to restrict physicians and other prescribers to prescribing 16 not more than a 72-hour or three-day supply of a prescription 17 drug not included on the medical assistance preferred drug list 18 while seeking approval to continue prescribing the medication. 19 2. Notwithstanding subsection 1, the department shall 20 adopt rules pursuant to chapter 17A to restrict a physician or 21 other prescriber prescribing a chemically unique mental health 22 prescription drug to prescribing not more than a seven-day 23 supply of the prescription drug while requesting approval to 24 continue to prescribe the medication. The rules shall provide 25 that if an approval or disapproval is not received by the 26 physician or other prescriber within 48 hours of the request, 27 the request is deemed approved. 28 Sec. 97. REPEAL. 2010 Iowa Acts, chapter 1031, section 349, 29 is repealed. 30 Sec. 98. RESCINDING AND ADOPTION OF RULES. The department 31 of human services shall rescind the rules adopted pursuant 32 to 2010 Iowa Acts, chapter 1031, section 347, chapter 1031, 33 section 348, subsection 2, and chapter 1031, section 349, 34 and shall instead adopt emergency rules under section 17A.4, 35 -103- LSB 2820XC (37) 84 pf/jp 103/ 216
S.F. _____ subsection 3, and section 17A.5, subsection 2, paragraph “b”, 1 to implement section 249A.20A, as amended in this division of 2 this Act, and the rules shall be effective immediately upon 3 filing and retroactively applicable to January 1, 2011, unless 4 a later date is specified in the rules. Any rules adopted 5 in accordance with this section shall also be published as a 6 notice of intended action as provided in section 17A.4. 7 Sec. 99. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 8 APPLICABILITY. This division of this Act, being deemed of 9 immediate importance, takes effect upon enactment and applies 10 retroactively to January 1, 2011. 11 DIVISION XI 12 IOWA FALSE CLAIMS ACT 13 Sec. 100. Section 685.1, subsection 11, Code 2011, is 14 amended to read as follows: 15 11. “Original source” means an individual who has direct and 16 independent prior to a public disclosure under section 685.3, 17 subsection 5, paragraph “c” , has voluntarily disclosed to the 18 state the information on which the allegations or transactions 19 in a claim are based; or who has knowledge of the information 20 on which the allegations are based that is independent of 21 and materially adds to the publicly disclosed allegations or 22 transactions, and has voluntarily provided the information to 23 the state before filing an action under section 685.3 which is 24 based on the information this chapter . 25 Sec. 101. Section 685.1, Code 2011, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 15. “State” means the state of Iowa. 28 Sec. 102. Section 685.2, subsection 1, unnumbered paragraph 29 1, Code 2011, is amended to read as follows: 30 A person who commits any of the following acts is jointly 31 and severally liable to the state for a civil penalty of not 32 less than five thousand dollars and not more than ten thousand 33 dollars the civil penalty allowed under the federal False 34 Claims Act, as codified in 31 U.S.C. § 3729 et seq., as may be 35 -104- LSB 2820XC (37) 84 pf/jp 104/ 216
S.F. _____ adjusted in accordance with the inflation adjustment procedures 1 prescribed in the federal Civil Penalties Inflation Adjustment 2 Act of 1990, Pub. L. No. 101-410, for each false or fraudulent 3 claim , plus three times the amount of damages which the state 4 sustains because of the act of that person : 5 Sec. 103. Section 685.3, subsection 5, paragraph c, Code 6 2011, is amended by striking the paragraph and inserting in 7 lieu thereof the following: 8 c. A court shall dismiss an action or claim under this 9 section, unless opposed by the state, if substantially the 10 same allegations or transactions as alleged in the action or 11 claim were publicly disclosed in a state criminal, civil, or 12 administrative hearing in which the state or an agent of the 13 state is a party; in a state legislative, state auditor, or 14 other state report, hearing, audit, or investigation; or by 15 the news media, unless the action is brought by the attorney 16 general or the qui tam plaintiff is an original source of the 17 information. 18 Sec. 104. Section 685.3, subsection 6, Code 2011, is amended 19 to read as follows: 20 6. a. Any employee, contractor, or agent who shall be 21 entitled to all relief necessary to make that employee, 22 contractor, or agent whole, if that employee, contractor, or 23 agent is discharged, demoted, suspended, threatened, harassed, 24 or in any other manner discriminated against in the terms and 25 conditions of employment because of lawful acts performed 26 done by the employee, contractor, or agent on behalf of 27 the employee, contractor, or agent or associated others in 28 furtherance of an action under this section or other efforts 29 to stop a violation one or more violations of this chapter , 30 shall be entitled to all relief necessary to make the employee, 31 contractor, or agent whole . Such relief 32 b. Relief under paragraph “a” shall include reinstatement 33 with the same seniority status such that employee, contractor, 34 or agent would have had but for the discrimination, two 35 -105- LSB 2820XC (37) 84 pf/jp 105/ 216
S.F. _____ times the amount of back pay, interest on the back pay, and 1 compensation for any special damages sustained as a result of 2 the discrimination, including litigation costs and reasonable 3 attorney fees. An employee, contractor, or agent may bring an 4 action under this subsection may be brought in the appropriate 5 district court of the state for the relief provided in this 6 subsection . 7 c. A civil action under this subsection shall not be brought 8 more than three years after the date when the retaliation 9 occurred. 10 DIVISION XII 11 VOLUNTEER HEALTH CARE PROVIDER PROGRAM 12 Sec. 105. Section 135.24, subsection 2, paragraphs b and c, 13 Code 2011, are amended to read as follows: 14 b. Procedures for registration of hospitals, free clinics, 15 field dental clinics, and specialty health care provider 16 offices. 17 c. Criteria for and identification of hospitals, clinics, 18 free clinics, field dental clinics, specialty health care 19 provider offices, or other health care facilities, health 20 care referral programs, or charitable organizations, 21 eligible to participate in the provision of free medical, 22 dental, chiropractic, pharmaceutical, nursing, optometric, 23 psychological, social work, behavioral science, podiatric, 24 physical therapy, occupational therapy, respiratory therapy, 25 or emergency medical care services through the volunteer 26 health care provider program. A hospital, a clinic, a 27 free clinic, a field dental clinic, a specialty health care 28 provider office, a health care facility, a health care referral 29 program, a charitable organization, or a health care provider 30 participating in the program shall not bill or charge a 31 patient for any health care provider service provided under the 32 volunteer health care provider program. 33 Sec. 106. Section 135.24, Code 2011, is amended by adding 34 the following new subsection: 35 -106- LSB 2820XC (37) 84 pf/jp 106/ 216
S.F. _____ NEW SUBSECTION . 6A. A hospital providing free care under 1 this section shall be considered a state agency solely for 2 the purposes of this section and chapter 669 and shall be 3 afforded protection under chapter 669 as a state agency for 4 all claims arising from the provision of free care by a health 5 care provider registered under subsection 3 who is providing 6 services at the hospital in accordance with this section, if 7 the hospital has registered with the department pursuant to 8 subsection 1. 9 Sec. 107. Section 135.24, subsection 7, Code 2011, is 10 amended by adding the following new paragraph: 11 NEW PARAGRAPH . 0e. “Hospital” means hospital as defined in 12 section 135B.1. 13 DIVISION XIII 14 HEALTH CARE COST CONTAINMENT 15 Sec. 108. ALL-PAYER CLAIMS DATABASE PLAN. The department of 16 human services shall develop a plan to establish an all-payer 17 claims database to provide for the collection and analysis of 18 claims data from multiple payers of health care. The plan 19 shall establish the goals of the database which may include 20 but are not limited to determining health care utilization 21 patterns and rates; identifying gaps in prevention and health 22 promotion services; evaluating access to care; assisting with 23 benefit design and planning; analyzing statewide and local 24 health care expenditures by provider, employer, and geography; 25 informing the development of payment systems for providers; and 26 establishing clinical guidelines related to quality, safety, 27 and continuity of care. The plan shall identify a standard 28 means of data collection, statutory changes necessary to the 29 collection and use of the data, and the types of claims for 30 which collection of data is required which may include but are 31 not limited to eligibility data; provider information; medical 32 data; private and public medical, pharmacy, and dental claims 33 data; and other appropriate data. The plan shall also include 34 an implementation and maintenance schedule including a proposed 35 -107- LSB 2820XC (37) 84 pf/jp 107/ 216
S.F. _____ budget and funding plan and vision for the future. 1 Sec. 109. PROVIDER PAYMENT SYSTEM PLAN —— PILOT 2 PROJECT. The department of human services shall develop a 3 provider payment system plan to provide recommendations to 4 reform the health care provider payment system as an effective 5 way to promote coordination of care, lower costs, and improve 6 quality. The plan shall provide analysis and recommendations 7 regarding but not limited to accountable care organizations, a 8 global payment system, or an episode of care payment system. 9 Sec. 110. EFFECTIVE UPON ENACTMENT. This division of this 10 Act, being deemed of immediate importance, takes effect upon 11 enactment. 12 DIVISION XIV 13 HEALTH INFORMATION TECHNOLOGY 14 Sec. 111. NEW SECTION . 135D.1 Findings and intent. 15 1. The general assembly finds all of the following: 16 a. Technology used to support health-related functions is 17 widely known as health information technology. Electronic 18 health records are used to collect and store relevant patient 19 health information. Electronic health records serve as a means 20 of bringing evidence-based knowledge resources and patient 21 information to the point of care to support better decision 22 making and more efficient care processes. 23 b. Health information technology allows for comprehensive 24 management of health information and its secure electronic 25 exchange between providers, public health agencies, payers, 26 and consumers. Broad use of health information technology 27 should improve health care quality and the overall health of 28 the population, increase efficiencies in administrative health 29 care, reduce unnecessary health care costs, and help prevent 30 medical errors. 31 c. Health information technology provides a mechanism to 32 transform the delivery of health and medical care in Iowa and 33 across the nation. 34 2. It is the intent of the general assembly to use health 35 -108- LSB 2820XC (37) 84 pf/jp 108/ 216
S.F. _____ information technology as a catalyst to achieve a healthier 1 Iowa through the electronic sharing of health information. A 2 health information network involves sharing health information 3 across the boundaries of individual practice and institutional 4 health settings and with consumers. The result is a public 5 good that will contribute to improved clinical outcomes and 6 patient safety, population health, access to and quality of 7 health care, and efficiency in health care delivery. 8 3. It is the intent of the general assembly that the health 9 information network shall not constitute a health benefit 10 exchange or a health insurance exchange. 11 Sec. 112. NEW SECTION . 135D.2 Definitions. 12 For the purposes of this chapter, unless the context 13 otherwise requires: 14 1. “Authorized” means having met the requirements as a 15 participant for access to the health information network. 16 2. “Board” means the board of directors of Iowa e-health. 17 3. “Consumers” means people who acquire and use goods and 18 services for personal need. 19 4. “Continuity of care document” means a summary of a 20 patient’s health information for each visit to a provider to be 21 delivered through the health information network. 22 5. “Department” means the department of public health. 23 6. “Deputy director” means the deputy director of public 24 health. 25 7. “Director” means the director of public health. 26 8. “Exchange” means the authorized electronic sharing 27 of health information between providers, payers, consumers, 28 public health agencies, the department, and other authorized 29 participants utilizing the health information network and 30 health information network services. 31 9. “Executive director” means the executive director of the 32 office of health information technology. 33 10. “Health information” means any information, in any 34 form or medium, that is created, transmitted, or received 35 -109- LSB 2820XC (37) 84 pf/jp 109/ 216
S.F. _____ by a provider, payer, consumer, public health agency, the 1 department, or other authorized participant, which relates 2 to the past, present, or future physical or mental health or 3 condition of an individual; the provision of health care to an 4 individual; or the past, present, or future payment for the 5 provision of health care to an individual. 6 11. “Health information network” means the exclusive 7 statewide electronic health information network. 8 12. “Health information network services” means the 9 exchanging of health information via the health information 10 network; education and outreach to support connection and 11 access to and use of the health information network; and all 12 other activities related to the electronic exchange of health 13 information. 14 13. “Health Insurance Portability and Accountability 15 Act” means the federal Health Insurance Portability and 16 Accountability Act of 1996, Pub. L. No. 104-191, including 17 amendments thereto and regulations promulgated thereunder. 18 14. “Infrastructure” means technology including 19 architecture, hardware, software, networks, terminology and 20 standards, and policies and procedures governing the electronic 21 exchange of health information. 22 15. “Iowa e-health” means the collaboration between the 23 department and other public and private stakeholders to 24 establish, operate, and sustain an exclusive statewide health 25 information network. 26 16. “Iowa Medicaid enterprise” means Iowa medicaid 27 enterprise as defined in section 249J.3. 28 17. “Local board of health” means a city, county, or 29 district board of health. 30 18. “Office” means the office of health information 31 technology within the department. 32 19. “Participant” means an authorized provider, payer, 33 patient, public health agency, the department, or other 34 authorized person that has voluntarily agreed to authorize, 35 -110- LSB 2820XC (37) 84 pf/jp 110/ 216
S.F. _____ submit, access, and disclose health information through the 1 health information network in accordance with this chapter 2 and all applicable laws, rules, agreements, policies, and 3 procedures. 4 20. “Participation and data sharing agreement” means 5 the agreement outlining the terms of access and use for 6 participation in the health information network. 7 21. “Patient” means a person who has received or is 8 receiving health services from a provider. 9 22. “Payer” means a person who makes payments for health 10 services, including but not limited to an insurance company, 11 self-insured employer, government program, individual, or other 12 purchaser that makes such payments. 13 23. “Protected health information” means individually 14 identifiable patient information, including demographic 15 information, related to the past, present, or future health 16 or condition of a person; the provision of health care to 17 a person; or the past, present, or future payment for such 18 health care; which is created, transmitted, or received by a 19 participant. “Protected health information” does not include 20 education and other records that are covered under the federal 21 Family Educational Rights and Privacy Act of 1974, as codified 22 at 20 U.S.C. 1232g, as amended; or any employment records 23 maintained by a covered entity, as defined under the Health 24 Insurance Portability and Accountability Act, in its role as 25 an employer. 26 24. “Provider” means a hospital, physician clinic, pharmacy, 27 laboratory, health service provider, or other person that is 28 licensed, certified, or otherwise authorized or permitted 29 by law to administer health care in the ordinary course of 30 business or in the practice of a profession, or any other 31 person or organization that furnishes, bills, or is paid for 32 health care in the normal course of business. 33 25. “Public health agency” means an entity that is governed 34 by or contractually responsible to a local board of health or 35 -111- LSB 2820XC (37) 84 pf/jp 111/ 216
S.F. _____ the department to provide services focused on the health status 1 of population groups and their environments. 2 26. “Purchaser” means any individual, employer, or 3 organization that purchases health insurance or services and 4 includes intermediaries. 5 27. “Vendor” means a person or organization that provides 6 or proposes to provide goods or services to the department 7 pursuant to a contract, but does not include an employee of the 8 state, a retailer, or a state agency or instrumentality. 9 Sec. 113. NEW SECTION . 135D.3 Iowa e-health established —— 10 guiding principles, goals, domains. 11 1. Iowa e-health is established as a public-private, 12 multi-stakeholder collaborative. The purpose of Iowa e-health 13 is to develop, administer, and sustain the health information 14 network to improve the quality, safety, and efficiency of 15 health care available to Iowans. 16 2. Iowa e-health shall manage and operate the health 17 information network. Nothing in this chapter shall be 18 interpreted to impede or preclude the formation and operation 19 of regional, population-specific, or local health information 20 networks or their participation in the health information 21 network. 22 3. Iowa e-health shall facilitate the exchange of health 23 information for prevention and treatment purposes to help 24 providers make the best health care decisions for patients and 25 to provide patients with continuity of care regardless of the 26 provider the patient visits. 27 4. The guiding principles of Iowa e-health include all of 28 the following: 29 a. To engage in a collaborative, public-private, 30 multi-stakeholder effort including providers, payers, 31 purchasers, governmental entities, educational institutions, 32 and consumers. 33 b. To create a sustainable health information network which 34 makes information available when and where it is needed. 35 -112- LSB 2820XC (37) 84 pf/jp 112/ 216
S.F. _____ c. To ensure the health information network incorporates 1 provider priorities and appropriate participant education. 2 d. To instill confidence in consumers that their health 3 information is secure, private, and accessed appropriately. 4 e. To build on smart practices and align with federal 5 standards to ensure interoperability within and beyond the 6 state. 7 5. The goals of Iowa e-health include all of the following: 8 a. To build awareness and trust of health information 9 technology through communication and outreach to providers and 10 consumers. 11 b. To safeguard privacy and security of health information 12 shared electronically between participants through the health 13 information network so that the health information is secure, 14 private, and accessed only by authorized individuals and 15 entities. 16 c. To promote statewide deployment and use of electronic 17 health records. 18 d. To enable the electronic exchange of health information. 19 e. To advance coordination of activities across state and 20 federal governments. 21 f. To establish a governance model for the health 22 information network. 23 g. To establish sustainable business and technical 24 operations for the health information exchange. 25 h. To secure financial resources to develop and sustain the 26 health information network. 27 i. To monitor and evaluate health information technology 28 progress and outcomes. 29 6. Iowa e-health shall include the following five domains: 30 a. Governance. Iowa e-health shall be governed by a board 31 of directors whose members represent stakeholders such as 32 provider organizations and associations, providers, payers, 33 purchasers, governmental entities, business, and consumers. 34 Iowa e-health shall be supported by the department’s office of 35 -113- LSB 2820XC (37) 84 pf/jp 113/ 216
S.F. _____ health information technology. The board shall set direction, 1 goals, and policies for Iowa e-health and provide oversight of 2 the business and technical operations of the health information 3 network and health information network services. 4 b. Business and technical operations. The office of health 5 information technology shall perform day-to-day operations 6 to support and advance Iowa e-health, the health information 7 network, and health information network services. 8 c. Finance. Iowa e-health shall identify and manage 9 financial resources to achieve short-term and long-term 10 sustainability of the health information network. The health 11 information network shall be financed by participants based on 12 a business model and financial sustainability plan approved by 13 the board no later than December 31, 2011, and submitted to 14 the governor and the general assembly. The model and plan may 15 contemplate participant fees based on value-based principles. 16 Fees shall not be assessed to participants prior to approval by 17 the board and an enactment of the general assembly establishing 18 such fees. 19 d. Technical infrastructure. Iowa e-health shall implement 20 and manage the core infrastructure and standards to enable the 21 safe and secure delivery of health information to providers and 22 consumers through the health information network. 23 e. Legal and policy. Iowa e-health shall establish privacy 24 and security policies and guidelines, and participation and 25 data sharing agreements, to protect consumers and enforce rules 26 for utilization of the health information network. 27 Sec. 114. NEW SECTION . 135D.4 Governance —— board of 28 directors —— advisory council. 29 1. Iowa e-health shall be governed by a board of directors. 30 Board members shall be residents of the state of Iowa. The 31 membership of the board shall comply with sections 69.16 and 32 69.16A. 33 2. The board of directors shall be comprised of the 34 following members: 35 -114- LSB 2820XC (37) 84 pf/jp 114/ 216
S.F. _____ a. The board shall include all of the following as voting 1 members: 2 (1) Two members who represent the Iowa collaborative safety 3 net provider network created in section 135.153, designated by 4 the network. 5 (2) Four members who represent hospitals, two of whom are 6 designated by the two largest health care systems in the state, 7 one of whom is designated by the university of Iowa hospitals 8 and clinics, and one of whom is designated by the Iowa hospital 9 association to represent critical access hospitals. 10 (3) Two members who represent two different private health 11 insurance carriers, designated by the federation of Iowa 12 insurers, one of which has the largest health market share in 13 Iowa. 14 (4) One member who is a licensed physician, designated by 15 the Iowa medical society. 16 (5) One member representing the department who is 17 designated by the department. 18 (6) One member representing the Iowa Medicaid enterprise 19 who is the Iowa Medicaid director, or the director’s designee. 20 b. The board shall include as ex officio, nonvoting members 21 four members of the general assembly, one appointed by the 22 speaker of the house of representatives, one appointed by the 23 minority leader of the house of representatives, one appointed 24 by the majority leader of the senate, and one appointed by the 25 minority leader of the senate. 26 3. A person shall not serve on the board in any capacity if 27 the person is required to register as a lobbyist under section 28 68B.36 because of the person’s activities for compensation 29 on behalf of a profession or an entity that is engaged in 30 providing health care, reviewing or analyzing health care, 31 paying for health care services or procedures, or providing 32 health information technology or health information network 33 services. 34 4. a. Board members shall serve four-year terms but shall 35 -115- LSB 2820XC (37) 84 pf/jp 115/ 216
S.F. _____ not serve more than two consecutive four-year terms. However, 1 the board members who represent state agencies are not subject 2 to term limits. 3 b. At the end of any term, a member of the board may 4 continue to serve until the appointing or designating authority 5 names a successor. 6 c. A vacancy on the board shall be filled for the remainder 7 of the term in the manner of the original appointment. A 8 vacancy in the membership of the board shall not impair the 9 right of the remaining members to exercise all the powers and 10 perform all the duties of the board. 11 d. A board member may be removed by the board for cause 12 including but not limited to malfeasance in office, failure 13 to attend board meetings, misconduct, or violation of ethical 14 rules and standards. Nonattendance of the board members 15 appointed by the governor shall be governed by the provisions 16 of section 69.15. A board member may be removed by a vote of 17 the board if, based on the criteria provided in section 69.15, 18 subsection 1, paragraphs “a” and “b” , the board member would be 19 deemed to have submitted a resignation from the board. 20 e. The board members shall elect a chairperson from their 21 membership. The department’s designee shall serve as vice 22 chairperson. 23 5. Meetings of the board shall be governed by the provisions 24 of chapter 21. 25 a. The board shall meet upon the call of the chairperson 26 or the vice chairperson. Notice of the time and place of each 27 board meeting shall be given to each member. The board shall 28 keep accurate and complete records of all of its meetings. 29 b. A simple majority of the members shall constitute a 30 quorum to enable the transaction of any business and for the 31 exercise of any power or function of the board. Action may be 32 taken and motions and resolutions adopted by the affirmative 33 vote of a majority of the members attending the meeting whether 34 in person, by telephone, web conference, or other means. A 35 -116- LSB 2820XC (37) 84 pf/jp 116/ 216
S.F. _____ board member shall not vote by proxy or through a delegate. 1 c. Public members of the board shall receive reimbursement 2 for actual expenses incurred while serving in their official 3 capacity, only if they are not eligible for reimbursement by 4 the organization that they represent. A person who serves as a 5 member of the board shall not by reason of such membership be 6 entitled to membership in the Iowa public employees’ retirement 7 system or service credit for any public retirement system. 8 6. The board may exercise its powers, duties, and functions 9 as provided in this chapter and as prescribed by law. The 10 director and the board shall ensure that matters under the 11 purview of the board are carried out in a manner that does not 12 violate or risk violation of applicable state or federal laws 13 or regulations, and that supports overriding public policy and 14 public safety concerns, fiscal compliance, and compliance with 15 the office of the national coordinator for health information 16 technology state health information exchange cooperative 17 agreement program or any other cooperative agreement programs 18 or grants supporting Iowa e-health. The board shall do all of 19 the following: 20 a. Participate in the selection of the executive director 21 and assist in the development of performance standards and 22 evaluations of the executive director. 23 b. Establish priorities among health information network 24 services based on the needs of the population of this state. 25 c. Oversee the handling and accounting of assets and moneys 26 received for or generated by the health information network. 27 d. Establish committees and workgroups as needed. 28 e. Review and approve or disapprove all of the following, 29 as proposed by the department: 30 (1) Strategic, operational, and financial sustainability 31 plans for Iowa e-health, the health information network, and 32 health information network services. 33 (2) Standards, requirements, policies, and procedures for 34 access, use, secondary use, and privacy and security of health 35 -117- LSB 2820XC (37) 84 pf/jp 117/ 216
S.F. _____ information network through the health information exchange, 1 consistent with applicable federal and state standards and 2 laws. 3 (3) Policies and procedures for administering the 4 infrastructure, technology, and associated professional 5 services necessary for the business and technical operation of 6 the health information network and health information network 7 services. 8 (4) Policies and procedures for evaluation of the health 9 information network and health information network services. 10 (5) Mechanisms for periodic review and update of policies 11 and procedures. 12 (6) An annual budget and fiscal report for the operations of 13 the health information network and an annual report for Iowa 14 e-health and health information network services. 15 (7) Major purchases of goods and services. 16 f. Adopt administrative rules pursuant to chapter 17A 17 to implement this chapter and relating to the management 18 and operation of the health information network and health 19 information network services. 20 g. Adopt rules for monitoring access to and use of 21 the health information network and enforcement of health 22 information network rules, standards, requirements, policies, 23 and procedures. The board may suspend, limit, or terminate a 24 participant’s utilization of the health information network for 25 violation of such rules, standards, requirements, policies, 26 or procedures, and shall establish, by rule, a process for 27 notification, right to respond, and appeal relative to such 28 violations. 29 h. Have all remedies allowed by law to address any violation 30 of the terms of the participation and data sharing agreement. 31 i. Perform any and all other activities in furtherance of 32 its purpose. 33 7. a. A board member is subject to chapter 68B, the rules 34 adopted by the Iowa ethics and campaign disclosure board, and 35 -118- LSB 2820XC (37) 84 pf/jp 118/ 216
S.F. _____ the ethics rules and requirements that apply to the executive 1 branch of state government. 2 b. A board member shall not participate in any matter 3 before the board in which the board member has a direct or 4 indirect interest in an undertaking that places the board 5 member’s personal or business interests in conflict with those 6 of Iowa e-health, including but not limited to an interest in 7 a procurement contract, or that may create the appearance of 8 impropriety. 9 8. Advisory council. 10 a. An advisory council to the board is established 11 to provide an additional mechanism for obtaining broader 12 stakeholder advice and input regarding health information 13 technology, the health information network, and health 14 information network services. 15 b. The advisory council shall be comprised of the following 16 members who shall serve two-year staggered terms: 17 (1) The following members designated as specified: 18 (a) One member who is a licensed practicing nurse in 19 an office or clinic setting, designated by the Iowa nurses 20 association. 21 (b) One member representing licensed pharmacists, 22 designated by the Iowa pharmacy association. 23 (c) One member representing the Iowa healthcare 24 collaborative, designated by the collaborative. 25 (d) One member representing substance abuse programs, 26 designated by the Iowa behavioral health association. 27 (e) One member representing community mental health 28 centers, designated by the Iowa association of community 29 providers. 30 (f) One member representing long-term care providers, 31 designated by the Iowa health care association/Iowa center for 32 assisted living and the Iowa association of homes and services 33 for the aging. 34 (g) One member representing licensed physicians, designated 35 -119- LSB 2820XC (37) 84 pf/jp 119/ 216
S.F. _____ by the Iowa academy of family physicians. 1 (h) One member representing chiropractors, designated by 2 the Iowa chiropractic society. 3 (i) One member who is a practicing physician in an office 4 or clinic setting, designated by the Iowa osteopathic medical 5 association. 6 (j) One member representing business interests, designated 7 by the Iowa association of business and industry. 8 (2) The following members appointed by the board: 9 (a) One member representing the state board of health. 10 (b) One member representing academics. 11 (c) One member representing the Iowa Medicare quality 12 improvement organization. 13 (d) One member who is the state chief information officer. 14 (e) One member representing the private telecommunications 15 industry. 16 (f) One member representing Des Moines university. 17 (g) One member representing home health care providers. 18 (h) One member representing the department of veterans 19 affairs. 20 c. The board may change the membership and the composition 21 of the advisory council, by rule, to accommodate changes in 22 stakeholder interests and the evolution of health information 23 technology, the health information network, and health 24 information network services. An advisory council member may 25 be removed by a vote of the board if, based on the criteria 26 provided in section 69.15, subsection 1, paragraphs “a” and “b” , 27 the advisory council member would be deemed to have submitted a 28 resignation from the advisory council. 29 Sec. 115. NEW SECTION . 135D.5 Business and technical 30 operations —— office of health information technology. 31 1. The office of health information technology is 32 established within the department and shall be responsible for 33 the day-to-day business and operations of Iowa e-health, the 34 health information network, and health information network 35 -120- LSB 2820XC (37) 84 pf/jp 120/ 216
S.F. _____ services. The office shall be under the direction of the 1 director and under the supervision of the deputy director. 2 2. a. The department shall employ an executive director to 3 manage the office and the executive director shall report to 4 the deputy director. 5 b. The executive director shall manage the planning and 6 implementation of Iowa e-health, the health information 7 network, and health information network services, and shall 8 provide high-level coordination across public and private 9 sector stakeholders. 10 c. The executive director shall serve as Iowa’s health 11 information technology coordinator and primary point of 12 contact for the office of the national coordinator for health 13 information technology, other federal and state agencies 14 involved in health information technology, and state health 15 information technology coordinators from other states. 16 3. a. The executive director and all other employees of 17 the office shall be employees of the state, classified and 18 compensated in accordance with chapter 8A, subchapter IV, and 19 chapter 20. 20 b. Subject to approval of the board, the director shall 21 have the sole power to determine the number of full-time and 22 part-time equivalent positions necessary to carry out the 23 provisions of this chapter. 24 c. An employee of the office shall not have a financial 25 interest in any vendor doing business or proposing to do 26 business with Iowa e-health. 27 4. The department shall do all of the following: 28 a. Develop, implement, and enforce the following, as 29 approved by the board: 30 (1) Strategic, operational, and financial sustainability 31 plans for the health information network, Iowa e-health, and 32 health information network services. 33 (2) Standards, requirements, policies, and procedures for 34 access, use, secondary use, and privacy and security of health 35 -121- LSB 2820XC (37) 84 pf/jp 121/ 216
S.F. _____ information exchanged through the health information network, 1 consistent with applicable federal and state standards and 2 laws. 3 (3) Policies and procedures for monitoring participant 4 usage of the health information network and health information 5 network services; enforcing noncompliance with health 6 information network standards, requirements, policies, rules, 7 and procedures. 8 (4) Policies and procedures for administering the 9 infrastructure, technology, and associated professional 10 services required for operation of the health information 11 network and health information network services. 12 (5) Policies and procedures for evaluation of the health 13 information network and health information network services. 14 (6) A mechanism for periodic review and update of policies 15 and procedures. 16 (7) An annual budget and fiscal report for the business 17 and technical operations of the health information network and 18 an annual report for Iowa e-health, the health information 19 network, and health information network services. The 20 department shall submit all such reports to the general 21 assembly. 22 b. Convene and facilitate board, advisory council, 23 workgroup, committee, and other stakeholder meetings. 24 c. Provide technical and operational assistance for 25 planning and implementing Iowa e-health activities, the health 26 information network, and health information network services. 27 d. Provide human resource, budgeting, project and 28 activity coordination, and related management functions to 29 Iowa e-health, the health information network, and health 30 information network services. 31 e. Develop educational materials and educate the general 32 public on the benefits of electronic health records, the health 33 information network, and the safeguards available to prevent 34 unauthorized disclosure of health information. 35 -122- LSB 2820XC (37) 84 pf/jp 122/ 216
S.F. _____ f. Enter into participation and data sharing agreements with 1 participants of the health information network. 2 g. Record receipts and approval of payments, and file 3 required financial reports. 4 h. Apply for, acquire by gift or purchase, and hold, 5 dispense, or dispose of funds and real or personal property 6 from any person, governmental entity, or organization in 7 the exercise of its powers and performance of its duties in 8 accordance with this chapter. 9 i. Administer grant funds in accordance with the terms of 10 the grant and all applicable state and federal laws, rules, and 11 regulations. 12 j. Select and contract with vendors in compliance with 13 applicable state and federal procurement laws and regulations. 14 k. Coordinate with other health information technology and 15 health information network programs and activities. 16 l. Work to align interstate and intrastate interoperability 17 and standards in accordance with national health information 18 exchange standards. 19 m. Execute all instruments necessary or incidental to the 20 performance of its duties and the execution of its powers. 21 Sec. 116. NEW SECTION . 135D.6 Iowa e-health finance fund. 22 1. The Iowa e-health finance fund is created as a separate 23 fund within the state treasury under the control of the board. 24 Revenues, donations, gifts, interest, or other moneys received 25 or generated relative to the operation and administration of 26 the health information network and health information network 27 services, shall be deposited in the fund. 28 2. Moneys in the fund shall be expended by the department 29 only on activities and operations suitable to the performance 30 of the department’s duties on behalf of the board and Iowa 31 e-health as specified in this chapter, subject to board 32 approval. Disbursements may be made from the fund for purposes 33 related to the administration, management, operations, 34 functions, activities, and sustainability of the health 35 -123- LSB 2820XC (37) 84 pf/jp 123/ 216
S.F. _____ information network and health information network services. 1 3. Notwithstanding section 12C.7, subsection 2, earnings or 2 interest on moneys deposited in the fund shall be credited to 3 the fund. Notwithstanding section 8.33, any unexpended balance 4 in the fund at the end of each fiscal year shall be retained in 5 the fund and shall not be transferred to the general fund of 6 the state. 7 4. The moneys in the fund shall be subject to financial and 8 compliance audits by the auditor of state. 9 5. The general assembly may appropriate moneys in the fund 10 to the department on behalf of Iowa e-health for the health 11 information network and health information network services. 12 Sec. 117. NEW SECTION . 135D.7 Technical infrastructure. 13 1. The health information network shall provide a mechanism 14 to facilitate and support the secure electronic exchange 15 of health information between participants. The health 16 information network shall not function as a central repository 17 of all health information. 18 2. The health information network shall provide a mechanism 19 for participants without an electronic health record system to 20 access health information from the health information network. 21 3. The technical infrastructure of the health information 22 network shall be designed to facilitate the secure electronic 23 exchange of health information using functions including but 24 not limited to all of the following: 25 a. A master patient index, in the absence of a single, 26 standardized patient identifier, to exchange secure health 27 information among participants. 28 b. A record locator service to locate and exchange secure 29 health information among participants. 30 c. Authorization, authentication, access, and auditing 31 processes for security controls to protect the privacy of 32 consumers and participants and the confidentiality of health 33 information by limiting access to the health information 34 network and health information to participants whose identity 35 -124- LSB 2820XC (37) 84 pf/jp 124/ 216
S.F. _____ has been authenticated, and whose access to health information 1 is limited by their role and recorded through an audit trail. 2 d. Electronic transmission procedures and software necessary 3 to facilitate the electronic exchange of various types of 4 health information through the health information network. 5 e. Telecommunications through coordination of public 6 and private networks to provide the backbone infrastructure 7 to connect participants exchanging health information. The 8 networks may include but are not limited to the state-owned 9 communications network, other fiber optic networks, and private 10 telecommunications service providers. 11 4. The state shall own or possess the rights to use all 12 processes and software developed, and hardware installed, 13 leased, designed, or purchased for the health information 14 network, and shall permit participants to use the health 15 information network and health information network services in 16 accordance with the standards, policies, procedures, rules, 17 and regulations approved by the board, and the terms of the 18 participation and data sharing agreement. 19 Sec. 118. NEW SECTION . 135D.8 Legal and policy. 20 1. Upon approval from the board, the office of health 21 information technology shall establish appropriate security 22 standards, policies, and procedures to protect the transmission 23 and receipt of individually identifiable health information 24 exchanged through the health information network. The security 25 standards, policies, and procedures shall, at a minimum, comply 26 with the Health Insurance Portability and Accountability Act 27 security rule pursuant to 45 C.F.R. pt. 164, subpt. C, and 28 shall reflect all of the following: 29 a. Include authorization controls, including the 30 responsibility to authorize, maintain, and terminate a 31 participant’s use of the health information network. 32 b. Require authentication controls to verify the identity 33 and role of the participant using the health information 34 network. 35 -125- LSB 2820XC (37) 84 pf/jp 125/ 216
S.F. _____ c. Include role-based access controls to restrict 1 functionality and information available through the health 2 information network. 3 d. Include a secure and traceable electronic audit system 4 to document and monitor the sender and the recipient of health 5 information exchanged through the health information network. 6 e. Require standard participation and data sharing 7 agreements which define the minimum privacy and security 8 obligations of all participants using the health information 9 network and health information network services. 10 f. Include controls over access to and the collection, 11 organization, and maintenance of records and data for 12 purposes of research or population health that protect the 13 confidentiality of consumers who are the subject of the health 14 information. 15 2. a. A patient shall have the opportunity to decline 16 exchange of their health information through the health 17 information network. The board shall provide by rule the means 18 and process by which patients may decline participation. A 19 patient shall not be denied care or treatment for declining 20 to exchange their health information, in whole or in part, 21 through the health information network. The means and process 22 utilized under the rules shall minimize the burden on patients 23 and providers. 24 b. Unless otherwise authorized by law or rule, a patient’s 25 decision to decline participation means that none of the 26 patient’s health information shall be exchanged through the 27 health information network. If a patient does not decline 28 participation, the patient’s health information may be 29 exchanged through the health information network except as 30 follows: 31 (1) If health information associated with a patient 32 visit with a provider is protected by state law that is 33 more restrictive than the Health Insurance Portability and 34 Accountability Act, a patient shall have the right to decline 35 -126- LSB 2820XC (37) 84 pf/jp 126/ 216
S.F. _____ sharing of health information through the health information 1 network from such visit as provided by rule. 2 (2) With the consent of the patient, a provider may 3 limit health information associated with a patient visit 4 from being shared through the health information network if 5 such limitation is reasonably determined by the provider, in 6 consultation with the patient, to be in the best interest of 7 the patient as provided by rule. 8 c. A patient who declines participation in the health 9 information network may later decide to have health information 10 shared through the health information network. A patient who 11 is participating in the health information network may later 12 decline participation in the health information network. 13 3. The office shall develop and distribute educational 14 tools and information for consumers, patients, and providers to 15 inform them about the health information network, including but 16 not limited to the safeguards available to prevent unauthorized 17 disclosure of health information and a patient’s right to 18 decline participation in the health information network. 19 4. a. A participant shall not release or use protected 20 health information exchanged through the health information 21 network for purposes unrelated to prevention, treatment, 22 payment, or health care operations unless otherwise authorized 23 or required by law. Participants shall limit the use and 24 disclosure of protected health information to the minimum 25 amount required to accomplish the intended purpose of the use 26 or request, in compliance with the Health Insurance Portability 27 and Accountability Act and other applicable federal law. Use 28 or distribution of the information for a marketing purpose, as 29 defined by the Health Insurance Portability and Accountability 30 Act, is strictly prohibited. 31 b. The department, the office, and all persons using the 32 health information network shall be individually responsible 33 for following breach notification policies as provided by the 34 Health Insurance Portability and Accountability Act. 35 -127- LSB 2820XC (37) 84 pf/jp 127/ 216
S.F. _____ c. A participant shall not be compelled by subpoena, court 1 order, or other process of law to access health information 2 through the health information network in order to gather 3 records or information not created by the participant. 4 5. a. If a patient has declined participation in the health 5 information network, the patient’s health information may be 6 released to a provider through the health information network 7 if all of the following circumstances exist: 8 (1) The patient is unable to provide consent due to 9 incapacitation. 10 (2) The requesting provider believes, in good faith, that 11 the information is necessary to prevent imminent serious injury 12 to the patient. Imminent serious injury includes but it not 13 limited to death, injury or disease that creates a substantial 14 risk of death, or injury or disease that causes protracted loss 15 or impairment of any organ or body system. 16 (3) Such information cannot otherwise be readily obtained. 17 b. The department shall provide by rule for the reporting of 18 emergency access and use by a provider. 19 6. All participants exchanging health information and 20 data through the health information network shall grant to 21 participants of the health information network a nonexclusive 22 license to retrieve and use that information or data in 23 accordance with applicable state and federal laws, and the 24 policies, procedures, and rules established by the board. 25 7. The department shall establish by rule the procedures for 26 a patient who is the subject of health information to do all of 27 the following: 28 a. Receive notice of a violation of the confidentiality 29 provisions required under this chapter. 30 b. Upon request to the department, view an audit report 31 created under this chapter for the purpose of monitoring access 32 to the patient’s records. 33 8. a. A provider who relies reasonably and in good faith 34 upon any health information provided through the health 35 -128- LSB 2820XC (37) 84 pf/jp 128/ 216
S.F. _____ information network in treatment of a patient shall be immune 1 from criminal or civil liability arising from any damages 2 caused by such reasonable, good faith reliance. Such immunity 3 shall not apply to acts or omissions constituting negligence, 4 recklessness, or intentional misconduct. 5 b. A participant that has disclosed health information 6 through the health information network in compliance with 7 applicable law and the standards, requirements, policies, 8 procedures, and agreements of the health information network 9 shall not be subject to criminal or civil liability for the use 10 or disclosure of the health information by another participant. 11 9. a. Notwithstanding chapter 22, the following records 12 shall be kept confidential, unless otherwise ordered by a court 13 or consented to by the patient or by a person duly authorized 14 to release such information: 15 (1) The protected health information contained in, stored 16 in, submitted to, transferred or exchanged by, or released from 17 the health information network. 18 (2) Any protected health information in the possession of 19 Iowa e-health or the department due to its administration of 20 the health information network. 21 b. Unless otherwise provided in this chapter, when using 22 the health information network for the purpose of patient 23 treatment, a provider is exempt from any other state law that 24 is more restrictive than the Health Insurance Portability and 25 Accountability Act that would otherwise prevent or hinder the 26 exchange of patient information by the patient’s providers. 27 Sec. 119. NEW SECTION . 135D.9 Iowa e-health —— health 28 information network services. 29 Iowa e-health shall facilitate services through the health 30 information network or through other marketplace mechanisms 31 to improve the quality, safety, and efficiency of health care 32 available to consumers. These services shall include but are 33 not limited to all of the following: 34 1. Patient summary records such as continuity of care 35 -129- LSB 2820XC (37) 84 pf/jp 129/ 216
S.F. _____ documents. 1 2. A provider directory and provider messaging. 2 3. Clinical orders and results. 3 4. Public health reporting such as electronic reporting to 4 the statewide immunization registry and reportable diseases. 5 5. Medication history. 6 Sec. 120. NEW SECTION . 135D.10 Governance review and 7 transition. 8 1. a. The Iowa e-health governance structure shall continue 9 during the first two years of the term of the state health 10 information exchange cooperative agreement with the office of 11 the national coordinator for health information technology 12 to address the development of policies and procedures; 13 dissemination of interoperability standards; the initiation, 14 testing, and operation of the health information network 15 infrastructure; and the evolution of health information network 16 services to improve patient care for the population. 17 b. Following the end of the first two years of the term 18 of the cooperative agreement, the board and the department 19 shall review the Iowa e-health governance structure, operations 20 of the health information network, and the business and 21 sustainability plan to determine if the existing Iowa e-health 22 governance structure should continue or should be replaced by 23 any of the following: 24 (1) A public authority or similar body with broad 25 stakeholder representation on its governing board. 26 (2) A not-for-profit entity with broad stakeholder 27 representation on its governing board. 28 2. If the board and department determine that the governance 29 structure should be replaced, Iowa e-health shall develop 30 a transition plan to transfer the responsibilities for the 31 domains specified in section 135D.3. 32 Sec. 121. Section 136.3, subsection 14, Code 2011, is 33 amended to read as follows: 34 14. Perform those duties authorized pursuant to sections 35 -130- LSB 2820XC (37) 84 pf/jp 130/ 216
S.F. _____ 135.156 , 135.159 , and 135.161 , and other provisions of law. 1 Sec. 122. Section 249J.14, subsection 2, paragraphs a and b, 2 Code 2011, are amended to read as follows: 3 a. Design and implement a program for distribution 4 and monitoring of provider incentive payments, including 5 development of a definition of “meaningful use” for purposes 6 of promoting the use of electronic medical recordkeeping by 7 providers. The department shall develop this program in 8 collaboration with the department of public health and the 9 electronic health information advisory council and executive 10 committee board of directors and the advisory council to the 11 board of Iowa e-health created pursuant to section 135.156 12 135D.4 . 13 b. Develop the medical assistance health information 14 technology plan as required by the centers for Medicare and 15 Medicaid services of the United States department of health and 16 human services. The plan shall provide detailed implementation 17 plans for the medical assistance program for promotion of the 18 adoption and meaningful use of health information technology by 19 medical assistance providers and the Iowa Medicaid enterprise. 20 The plan shall include the integration of health information 21 technology and the health information exchange network with the 22 medical assistance management information system. The plan 23 shall be developed in collaboration with the department of 24 public health and the electronic health information advisory 25 council and executive committee board of directors and the 26 advisory council to the board of Iowa e-health created pursuant 27 to section 135.156 135D.4 . 28 Sec. 123. INITIAL APPOINTMENTS —— BOARD. 29 1. The initial appointments of board member positions 30 described in section 135D.4, as enacted by this division of 31 this Act, shall have staggered terms as follows: 32 a. The board members designated by the Iowa collaborative 33 safety net provider network and the Iowa medical society, shall 34 have initial terms of two years, after which the members shall 35 -131- LSB 2820XC (37) 84 pf/jp 131/ 216
S.F. _____ serve four-year terms. 1 b. The board members designated by the two largest health 2 care systems in the state, the university of Iowa hospitals 3 and clinics, and the Iowa hospital association, shall have 4 initial terms of four years, after which the members shall 5 serve four-year terms. 6 c. The board members designated by the federation of Iowa 7 insurers shall serve initial terms of six years, after which 8 the members shall serve four-year terms. 9 2. With the exception of board members who are 10 representatives of state agencies and not subject to term 11 limits as provided in section 135D.4, board members appointed 12 under this section may serve an additional four-year term, 13 with the exception of those board members initially serving a 14 two-year term, who may serve two consecutive four-year terms 15 following the initial two-year term. 16 Sec. 124. REPEAL. Sections 135.154, 135.155, and 135.156, 17 Code 2011, are repealed. 18 Sec. 125. TRANSITION PROVISIONS. Notwithstanding any 19 other provision of this division of this Act, the department 20 of public health, and the executive committee and the advisory 21 council created pursuant to section 135.156, shall continue to 22 exercise the powers and duties specified under that section 23 until such time as all board members have been appointed as 24 provided in section 135D.4, as enacted by this division of this 25 Act. 26 Sec. 126. EFFECTIVE DATE. The sections of this division of 27 this Act repealing sections 135.154, 135.155, and 135.156, and 28 amending sections 136.3 and 249J.14, take effect on the date 29 all board members are appointed as provided in section 135D.4, 30 as enacted by this division of this Act. The department of 31 public health shall notify the Code editor of such date. 32 Sec. 127. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 33 APPLICABILITY. Except as otherwise provided by this division 34 of this Act, this division of this Act, being deemed of 35 -132- LSB 2820XC (37) 84 pf/jp 132/ 216
S.F. _____ immediate importance, takes effect upon enactment and if 1 approved by the governor on or after July 1, 2011, applies 2 retroactively to June 30, 2011. 3 DIVISION XV 4 DEPARTMENT ON AGING —— FY 2012-2013 5 Sec. 128. DEPARTMENT ON AGING. There is appropriated from 6 the general fund of the state to the department on aging for 7 the fiscal year beginning July 1, 2012, and ending June 30, 8 2013, the following amount, or so much thereof as is necessary, 9 to be used for the purposes designated: 10 For aging programs for the department on aging and area 11 agencies on aging to provide citizens of Iowa who are 60 years 12 of age and older with case management for frail elders, Iowa’s 13 aging and disabilities resource center, and other services 14 which may include but are not limited to adult day services, 15 respite care, chore services, information and assistance, 16 and material aid, for information and options counseling for 17 persons with disabilities who are 18 years of age or older, 18 and for salaries, support, administration, maintenance, and 19 miscellaneous purposes, and for not more than the following 20 full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,151,289 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 35.00 23 1. Funds appropriated in this section may be used to 24 supplement federal funds under federal regulations. To 25 receive funds appropriated in this section, a local area 26 agency on aging shall match the funds with moneys from other 27 sources according to rules adopted by the department. Funds 28 appropriated in this section may be used for elderly services 29 not specifically enumerated in this section only if approved 30 by an area agency on aging for provision of the service within 31 the area. 32 2. The amount appropriated in this section includes 33 additional funding of $225,000 for delivery of long-term care 34 services to seniors with low or moderate incomes. 35 -133- LSB 2820XC (37) 84 pf/jp 133/ 216
S.F. _____ 3. Of the funds appropriated in this section, $89,973 shall 1 be transferred to the department of economic development for 2 the Iowa commission on volunteer services to be used for the 3 retired and senior volunteer program. 4 4. a. The department on aging shall establish and enforce 5 procedures relating to expenditure of state and federal funds 6 by area agencies on aging that require compliance with both 7 state and federal laws, rules, and regulations, including but 8 not limited to all of the following: 9 (1) Requiring that expenditures are incurred only for goods 10 or services received or performed prior to the end of the 11 fiscal period designated for use of the funds. 12 (2) Prohibiting prepayment for goods or services not 13 received or performed prior to the end of the fiscal period 14 designated for use of the funds. 15 (3) Prohibiting the prepayment for goods or services 16 not defined specifically by good or service, time period, or 17 recipient. 18 (4) Prohibiting the establishment of accounts from which 19 future goods or services which are not defined specifically by 20 good or service, time period, or recipient, may be purchased. 21 b. The procedures shall provide that if any funds are 22 expended in a manner that is not in compliance with the 23 procedures and applicable federal and state laws, rules, and 24 regulations, and are subsequently subject to repayment, the 25 area agency on aging expending such funds in contravention of 26 such procedures, laws, rules and regulations, not the state, 27 shall be liable for such repayment. 28 DIVISION XVI 29 DEPARTMENT OF PUBLIC HEALTH —— FY 2012-2013 30 Sec. 129. DEPARTMENT OF PUBLIC HEALTH. There is 31 appropriated from the general fund of the state to the 32 department of public health for the fiscal year beginning July 33 1, 2012, and ending June 30, 2013, the following amounts, or 34 so much thereof as is necessary, to be used for the purposes 35 -134- LSB 2820XC (37) 84 pf/jp 134/ 216
S.F. _____ designated: 1 1. ADDICTIVE DISORDERS 2 For reducing the prevalence of use of tobacco, alcohol, and 3 other drugs, and treating individuals affected by addictive 4 behaviors, including gambling, and for not more than the 5 following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,301,595 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 8 a. (1) Of the funds appropriated in this subsection, 9 $2,176,916 shall be used for the tobacco use prevention and 10 control initiative, including efforts at the state and local 11 levels, as provided in chapter 142A. 12 (2) Of the funds allocated in this paragraph “a”, $226,915 13 shall be transferred to the alcoholic beverages division of 14 the department of commerce for enforcement of tobacco laws, 15 regulations, and ordinances in accordance with 2011 Iowa Acts, 16 House File 467, as enacted. 17 b. Of the funds appropriated in this subsection, 18 $10,124,680 shall be used for problem gambling and substance 19 abuse prevention, treatment, and recovery services, including a 20 24-hour helpline, public information resources, professional 21 training, and program evaluation. 22 (1) Of the funds allocated in this paragraph “b”, $8,566,254 23 shall be used for substance abuse prevention and treatment. 24 (a) Of the funds allocated in this subparagraph (1), 25 $449,650 shall be used for the public purpose of a grant 26 program to provide substance abuse prevention programming for 27 children. 28 (i) Of the funds allocated in this subparagraph division 29 (a), $213,770 shall be used for grant funding for organizations 30 that provide programming for children by utilizing mentors. 31 Programs approved for such grants shall be certified or will 32 be certified within six months of receiving the grant award 33 by the Iowa commission on volunteer services as utilizing the 34 standards for effective practice for mentoring programs. 35 -135- LSB 2820XC (37) 84 pf/jp 135/ 216
S.F. _____ (ii) Of the funds allocated in this subparagraph division 1 (a), $213,420 shall be used for grant funding for organizations 2 that provide programming that includes youth development and 3 leadership. The programs shall also be recognized as being 4 programs that are scientifically based with evidence of their 5 effectiveness in reducing substance abuse in children. 6 (iii) The department of public health shall utilize a 7 request for proposals process to implement the grant program. 8 (iv) All grant recipients shall participate in a program 9 evaluation as a requirement for receiving grant funds. 10 (v) Of the funds allocated in this subparagraph division 11 (a), up to $22,461 may be used to administer substance abuse 12 prevention grants and for program evaluations. 13 (b) Of the funds allocated in this subparagraph (1), 14 $136,531 shall be used for culturally competent substance abuse 15 treatment pilot projects. 16 (i) The department shall utilize the amount allocated 17 in this subparagraph division (b) for at least three pilot 18 projects to provide culturally competent substance abuse 19 treatment in various areas of the state. Each pilot project 20 shall target a particular ethnic minority population. The 21 populations targeted shall include but are not limited to 22 African American, Asian, and Latino. 23 (ii) The pilot project requirements shall provide for 24 documentation or other means to ensure access to the cultural 25 competence approach used by a pilot project so that such 26 approach can be replicated and improved upon in successor 27 programs. 28 (2) Of the funds allocated in this paragraph “b”, up 29 to $1,558,426 may be used for problem gambling prevention, 30 treatment, and recovery services. 31 (a) Of the funds allocated in this subparagraph (2), 32 $1,289,500 shall be used for problem gambling prevention and 33 treatment. 34 (b) Of the funds allocated in this subparagraph (2), up to 35 -136- LSB 2820XC (37) 84 pf/jp 136/ 216
S.F. _____ $218,926 may be used for a 24-hour helpline, public information 1 resources, professional training, and program evaluation. 2 (c) Of the funds allocated in this subparagraph (2), up 3 to $50,000 may be used for the licensing of problem gambling 4 treatment programs. 5 (3) It is the intent of the general assembly that from the 6 moneys allocated in this paragraph “b”, persons with a dual 7 diagnosis of substance abuse and gambling addictions shall be 8 given priority in treatment services. 9 c. Notwithstanding any provision of law to the contrary, 10 to standardize the availability, delivery, cost of delivery, 11 and accountability of problem gambling and substance abuse 12 treatment services statewide, the department shall continue 13 implementation of a process to create a system for delivery 14 of treatment services in accordance with the requirements 15 specified in 2008 Iowa Acts, chapter 1187, section 3, 16 subsection 4. To ensure the system provides a continuum of 17 treatment services that best meets the needs of Iowans, the 18 problem gambling and substance abuse treatment services in any 19 area may be provided either by a single agency or by separate 20 agencies submitting a joint proposal. 21 (1) The system for delivery of substance abuse and 22 problem gambling treatment shall include problem gambling 23 prevention by July 1, 2012. The department shall submit a 24 proposed legislative bill in accordance with section 2.16, for 25 consideration during the 2012 legislative session, addressing 26 any statutory revisions necessary for full implementation of 27 the system. 28 (2) The system for delivery of substance abuse and problem 29 gambling treatment shall include substance abuse prevention by 30 July 1, 2014. 31 (3) Of the funds allocated in paragraph “b”, the department 32 may use up to $50,000 for administrative costs to continue 33 developing and implementing the process in accordance with this 34 paragraph “c”. 35 -137- LSB 2820XC (37) 84 pf/jp 137/ 216
S.F. _____ d. The requirement of section 123.53, subsection 5, is met 1 by the appropriations and allocations made in this Act for 2 purposes of substance abuse treatment and addictive disorders 3 for the fiscal year beginning July 1, 2011. 4 e. The department of public health shall work with all other 5 departments that fund substance abuse prevention and treatment 6 services and all such departments shall, to the extent 7 necessary, collectively meet the state maintenance of effort 8 requirements for expenditures for substance abuse services 9 as required under the federal substance abuse prevention and 10 treatment block grant. 11 f. The department shall amend or otherwise revise 12 departmental policies and contract provisions in order to 13 eliminate free t-shirt distribution, banner production, and 14 other unnecessary promotional expenditures. 15 2. HEALTHY CHILDREN AND FAMILIES 16 For promoting the optimum health status for children, 17 adolescents from birth through 21 years of age, and families, 18 and for not more than the following full-time equivalent 19 positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,135 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 22 a. Of the funds appropriated in this subsection, not more 23 than $369,659 shall be used for the healthy opportunities to 24 experience success (HOPES)-healthy families Iowa (HFI) program 25 established pursuant to section 135.106. The funding shall 26 be distributed to renew the grants that were provided to the 27 grantees that operated the program during the fiscal year 28 ending June 30, 2012. 29 b. Of the funds appropriated in this subsection, $164,943 30 shall be used to continue to address the healthy mental 31 development of children from birth through five years of age 32 through local evidence-based strategies that engage both the 33 public and private sectors in promoting healthy development, 34 prevention, and treatment for children. A portion of the 35 -138- LSB 2820XC (37) 84 pf/jp 138/ 216
S.F. _____ funds allocated in this lettered paragraph may be used for a 1 full-time equivalent position to coordinate the activities 2 under this paragraph. 3 c. Of the funds appropriated in this subsection, $15,799 4 shall be distributed to a statewide dental carrier to provide 5 funds to continue the donated dental services program patterned 6 after the projects developed by the lifeline network to provide 7 dental services to indigent elderly and disabled individuals. 8 d. Of the funds appropriated in this subsection, $56,339 9 shall be used for childhood obesity prevention. 10 e. Of the funds appropriated in this subsection, $81,880 11 shall be used to provide audiological services and hearing 12 aids for children. The department may enter into a contract 13 to administer this paragraph. 14 3. CHRONIC CONDITIONS 15 For serving individuals identified as having chronic 16 conditions or special health care needs, and for not more than 17 the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,699,578 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 20 a. Of the funds appropriated in this subsection, $80,291 21 shall be used for grants to individual patients who have 22 phenylketonuria (PKU) to assist with the costs of necessary 23 special foods. 24 b. Of the funds appropriated in this subsection, $241,800 25 is allocated for continuation of the contracts for resource 26 facilitator services in accordance with section 135.22B, 27 subsection 9, and for brain injury training services and 28 recruiting of service providers to increase the capacity within 29 this state to address the needs of individuals with brain 30 injuries and such individuals’ families. 31 c. Of the funds appropriated in this subsection, $249,437 32 shall be used as additional funding to leverage federal funding 33 through the federal Ryan White Care Act, Tit. II, AIDS drug 34 assistance program supplemental drug treatment grants. 35 -139- LSB 2820XC (37) 84 pf/jp 139/ 216
S.F. _____ d. Of the funds appropriated in this subsection, $15,627 1 shall be used for the public purpose of providing a grant to an 2 existing national-affiliated organization to provide education, 3 client-centered programs, and client and family support for 4 people living with epilepsy and their families. 5 e. Of the funds appropriated in this subsection, $394,152 6 shall be used for child health specialty clinics. 7 f. Of the funds appropriated in this subsection, $273,533 8 shall be used for the comprehensive cancer control program to 9 reduce the burden of cancer in Iowa through prevention, early 10 detection, effective treatment, and ensuring quality of life. 11 Of the funds allocated in this lettered paragraph, $100,000 12 shall be used to support a melanoma research symposium, a 13 melanoma biorepository and registry, basic and translational 14 melanoma research, and clinical trials. 15 g. Of the funds appropriated in this subsection, $63,225 16 shall be used for cervical and colon cancer screening. 17 h. Of the funds appropriated in this subsection, $264,417 18 shall be used for the center for congenital and inherited 19 disorders. A portion of the funds allocated in this paragraph 20 may be used for one full-time equivalent position for 21 administration of the center. 22 i. Of the funds appropriated in this subsection, $64,969 23 shall be used for the prescription drug donation repository 24 program created in chapter 135M. 25 4. COMMUNITY CAPACITY 26 For strengthening the health care delivery system at the 27 local level, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,413,350 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 31 a. Of the funds appropriated in this subsection, $50,000 32 is allocated for a child vision screening program implemented 33 through the university of Iowa hospitals and clinics in 34 collaboration with early childhood Iowa areas. 35 -140- LSB 2820XC (37) 84 pf/jp 140/ 216
S.F. _____ b. Of the funds appropriated in this subsection, $55,654 is 1 allocated for continuation of an initiative implemented at the 2 university of Iowa and $50,247 is allocated for continuation of 3 an initiative at the state mental health institute at Cherokee 4 to expand and improve the workforce engaged in mental health 5 treatment and services. The initiatives shall receive input 6 from the university of Iowa, the department of human services, 7 the department of public health, and the mental health, mental 8 retardation, developmental disabilities, and brain injury 9 commission to address the focus of the initiatives. 10 c. Of the funds appropriated in this subsection, $585,746 11 shall be used for essential public health services that promote 12 healthy aging throughout the lifespan, contracted through a 13 formula for local boards of health, to enhance health promotion 14 and disease prevention services. 15 d. Of the funds appropriated in this section, $60,909 shall 16 be deposited in the governmental public health system fund 17 created in section 135A.8 to be used for the purposes of the 18 fund. 19 e. Of the funds appropriated in this subsection, $53,140 20 shall be used for the mental health professional shortage area 21 program implemented pursuant to section 135.80. 22 f. Of the funds appropriated in this subsection, 23 $19,132 shall be used for a grant to a statewide association 24 of psychologists that is affiliated with the American 25 psychological association to be used for continuation of a 26 program to rotate intern psychologists in placements in urban 27 and rural mental health professional shortage areas, as defined 28 in section 135.80. 29 g. Of the funds appropriated in this subsection, the 30 following amounts shall be allocated to the Iowa collaborative 31 safety net provider network established pursuant to section 32 135.153 to be used for the purposes designated. The following 33 amounts allocated under this lettered paragraph shall be 34 distributed to the specified provider and shall not be reduced 35 -141- LSB 2820XC (37) 84 pf/jp 141/ 216
S.F. _____ for administrative or other costs prior to distribution: 1 (1) For distribution to the Iowa primary care association 2 for statewide coordination of the Iowa collaborative safety net 3 provider network: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,290 5 (2) For distribution to the Iowa family planning network 6 agencies for necessary infrastructure, statewide coordination, 7 provider recruitment, service delivery, and provision of 8 assistance to patients in determining an appropriate medical 9 home: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,259 11 (3) For distribution to the local boards of health that 12 provide direct services for pilot programs in three counties to 13 assist patients in determining an appropriate medical home: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,259 15 (4) For distribution to maternal and child health centers 16 for pilot programs in three counties to assist patients in 17 determining an appropriate medical home: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,259 19 (5) For distribution to free clinics for necessary 20 infrastructure, statewide coordination, provider recruitment, 21 service delivery, and provision of assistance to patients in 22 determining an appropriate medical home: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,025 24 (6) For distribution to rural health clinics for necessary 25 infrastructure, statewide coordination, provider recruitment, 26 service delivery, and provision of assistance to patients in 27 determining an appropriate medical home: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,215 29 (7) For continuation of the safety net provider patient 30 access to specialty health care initiative as described in 2007 31 Iowa Acts, chapter 218, section 109: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 130,000 33 (8) For continuation of the pharmaceutical infrastructure 34 for safety net providers as described in 2007 Iowa Acts, 35 -142- LSB 2820XC (37) 84 pf/jp 142/ 216
S.F. _____ chapter 218, section 108: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 135,000 2 The Iowa collaborative safety net provider network may 3 continue to distribute funds allocated pursuant to this 4 lettered paragraph through existing contracts or renewal of 5 existing contracts. 6 h. (1) Of the funds appropriated in this subsection, 7 $74,500 shall be used for continued implementation of 8 the recommendations of the direct care worker task force 9 established pursuant to 2005 Iowa Acts, chapter 88, based upon 10 the report submitted to the governor and the general assembly 11 in December 2006. The department may use a portion of the 12 funds allocated in this lettered paragraph for an additional 13 position to assist in the continued implementation. 14 (2) It is the intent of the general assembly that a 15 board of direct care workers shall be established within the 16 department of public health by July 1, 2014, contingent upon 17 the availability of funds to establish and maintain the board. 18 i. (1) Of the funds appropriated in this subsection, 19 $65,050 shall be used for allocation to an independent 20 statewide direct care worker association for education, 21 outreach, leadership development, mentoring, and other 22 initiatives intended to enhance the recruitment and retention 23 of direct care workers in health care and long-term care 24 settings. 25 (2) Of the funds appropriated in this subsection, $29,000 26 shall be used to provide scholarships or other forms of 27 subsidization for direct care worker educational conferences, 28 training, or outreach activities. 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. Of the funds appropriated in this subsection, the 34 department may use up to $30,000 for up to one full-time 35 -143- LSB 2820XC (37) 84 pf/jp 143/ 216
S.F. _____ equivalent position to administer the volunteer health care 1 provider program pursuant to section 135.24. 2 l. Of the funds appropriated in this subsection, $25,000 3 shall be used for a matching dental education loan repayment 4 program to be allocated to a dental nonprofit health service 5 corporation to develop the criteria and implement the loan 6 repayment program. 7 m. Of the funds appropriated in this subsection, up to 8 $67,107 shall be used to support the department’s activities 9 relating to health and long-term care access as specified 10 pursuant to chapter 135, division XXIV. 11 n. Of the funds appropriated in this subsection, 12 $181,994 shall be used as state matching funds for the health 13 information network as enacted by this Act. 14 o. Of the funds appropriated in this subsection, $12,500 15 shall be used for continuation of a pilot program established 16 through a grant to an organization that has an existing 17 program for children and adults and that is solely dedicated 18 to preserving sight and preventing blindness to provide vision 19 screening to elementary school children in one urban and one 20 rural school district in the state, on a voluntary basis, over 21 a multiyear period. The grantee organization shall develop 22 protocol for participating schools including the grade level 23 of the children to be screened, the training and certification 24 necessary for individuals conducting the vision screening, 25 vision screening equipment requirements, and documentation and 26 tracking requirements. Following the conclusion of the pilot 27 program, the grantee organization shall report findings and 28 recommendations for statewide implementation of the vision 29 screening program to the department of public health. 30 5. HEALTHY AGING 31 To provide public health services that reduce risks and 32 invest in promoting and protecting good health over the 33 course of a lifetime with a priority given to older Iowans and 34 vulnerable populations: 35 -144- LSB 2820XC (37) 84 pf/jp 144/ 216
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,668,071 1 a. Of the funds appropriated in this subsection, $1,004,594 2 shall be used for local public health nursing services. 3 b. Of the funds appropriated in this subsection, $2,663,477 4 shall be used for home care aide services. 5 6. ENVIRONMENTAL HAZARDS 6 For reducing the public’s exposure to hazards in the 7 environment, primarily chemical hazards, and for not more than 8 the following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 406,889 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 11 Of the funds appropriated in this subsection, $272,189 shall 12 be used for childhood lead poisoning provisions. 13 7. INFECTIOUS DISEASES 14 For reducing the incidence and prevalence of communicable 15 diseases, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 672,924 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 19 8. PUBLIC PROTECTION 20 For protecting the health and safety of the public through 21 establishing standards and enforcing regulations, and for not 22 more than the following full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,389,344 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 125.00 25 a. Of the funds appropriated in this subsection, not more 26 than $212,073 shall be credited to the emergency medical 27 services fund created in section 135.25. Moneys in the 28 emergency medical services fund are appropriated to the 29 department to be used for the purposes of the fund. 30 b. Of the funds appropriated in this subsection, $105,310 31 shall be used for sexual violence prevention programming 32 through a statewide organization representing programs serving 33 victims of sexual violence through the department’s sexual 34 violence prevention program. The amount allocated in this 35 -145- LSB 2820XC (37) 84 pf/jp 145/ 216
S.F. _____ lettered paragraph shall not be used to supplant funding 1 administered for other sexual violence prevention or victims 2 assistance programs. 3 c. Of the funds appropriated in this subsection, not more 4 than $218,291 shall be used for the state poison control 5 center. 6 d. Of the funds appropriated in this subsection, $25,000 7 shall be used for education, testing, training, and other costs 8 to conform the requirements for certification of emergency 9 medical care providers with national standards. 10 9. RESOURCE MANAGEMENT 11 For establishing and sustaining the overall ability of the 12 department to deliver services to the public, and for not more 13 than the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 409,777 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 16 The university of Iowa hospitals and clinics under the 17 control of the state board of regents shall not receive 18 indirect costs from the funds appropriated in this section. 19 The university of Iowa hospitals and clinics billings to the 20 department shall be on at least a quarterly basis. 21 DIVISION XVII 22 DEPARTMENT OF VETERANS AFFAIRS —— FY 2012-2013 23 Sec. 130. DEPARTMENT OF VETERANS AFFAIRS. There is 24 appropriated from the general fund of the state to the 25 department of veterans affairs for the fiscal year beginning 26 July 1, 2012, and ending June 30, 2013, the following amounts, 27 or so much thereof as is necessary, to be used for the purposes 28 designated: 29 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 30 For salaries, support, maintenance, and miscellaneous 31 purposes, including the war orphans educational assistance fund 32 created in section 35.8, and for not more than the following 33 full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 499,416 35 -146- LSB 2820XC (37) 84 pf/jp 146/ 216
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.34 1 2. IOWA VETERANS HOME 2 For salaries, support, maintenance, and miscellaneous 3 purposes: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,476,076 5 a. The Iowa veterans home billings involving the department 6 of human services shall be submitted to the department on at 7 least a monthly basis. 8 b. If there is a change in the employer of employees 9 providing services at the Iowa veterans home under a collective 10 bargaining agreement, such employees and the agreement shall 11 be continued by the successor employer as though there had not 12 been a change in employer. 13 c. Within available resources and in conformance with 14 associated state and federal program eligibility requirements, 15 the Iowa veterans home may implement measures to provide 16 financial assistance to or on behalf of veterans or their 17 spouses participating in the community reentry program. 18 3. STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF DECEASED 19 VETERANS 20 For provision of educational assistance pursuant to section 21 35.9: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,208 23 Sec. 131. LIMITATION OF COUNTY COMMISSION OF VETERANS 24 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the 25 standing appropriation in the following designated section for 26 the fiscal year beginning July 1, 2012, and ending June 30, 27 2013, the amounts appropriated from the general fund of the 28 state pursuant to that section for the following designated 29 purposes shall not exceed the following amount: 30 For the county commissions of veterans affairs fund under 31 section 35A.16: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 33 DIVISION XVIII 34 DEPARTMENT OF HUMAN SERVICES —— FY 2012-2013 35 -147- LSB 2820XC (37) 84 pf/jp 147/ 216
S.F. _____ Sec. 132. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 1 GRANT. There is appropriated from the fund created in section 2 8.41 to the department of human services for the fiscal year 3 beginning July 1, 2012, and ending June 30, 2013, from moneys 4 received under the federal temporary assistance for needy 5 families (TANF) block grant pursuant to the federal Personal 6 Responsibility and Work Opportunity Reconciliation Act of 1996, 7 Pub. L. No. 104-193, and successor legislation, and from moneys 8 received under the emergency contingency fund for temporary 9 assistance for needy families state program established 10 pursuant to the federal American Recovery and Reinvestment Act 11 of 2009, Pub. L. No. 111-5 § 2101, and successor legislation, 12 the following amounts, or so much thereof as is necessary, to 13 be used for the purposes designated: 14 1. To be credited to the family investment program account 15 and used for assistance under the family investment program 16 under chapter 239B: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,750,369 18 2. To be credited to the family investment program account 19 and used for the job opportunities and basic skills (JOBS) 20 program and implementing family investment agreements in 21 accordance with chapter 239B: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,205,764 23 3. To be used for the family development and 24 self-sufficiency grant program in accordance with section 25 216A.107: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,449,490 27 Notwithstanding section 8.33, moneys appropriated in this 28 subsection that remain unencumbered or unobligated at the close 29 of the fiscal year shall not revert but shall remain available 30 for expenditure for the purposes designated until the close of 31 the succeeding fiscal year. However, unless such moneys are 32 encumbered or obligated on or before September 30, 2013, the 33 moneys shall revert. 34 4. For field operations: 35 -148- LSB 2820XC (37) 84 pf/jp 148/ 216
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,648,116 1 5. For general administration: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,000 3 6. For state child care assistance: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,191,344 5 The funds appropriated in this subsection shall be 6 transferred to the child care and development block grant 7 appropriation made by the Eighty-fourth General Assembly, 2012 8 Session, for the federal fiscal year beginning October 1, 9 2012, and ending September 30, 2013. Of this amount, $100,000 10 shall be used for provision of educational opportunities to 11 registered child care home providers in order to improve 12 services and programs offered by this category of providers 13 and to increase the number of providers. The department may 14 contract with institutions of higher education or child care 15 resource and referral centers to provide the educational 16 opportunities. Allowable administrative costs under the 17 contracts shall not exceed 5 percent. The application for a 18 grant shall not exceed two pages in length. 19 7. For mental health and developmental disabilities 20 community services: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,447,026 22 8. For child and family services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,042,215 24 9. For child abuse prevention grants: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 26 10. For pregnancy prevention grants on the condition that 27 family planning services are funded: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 965,034 29 Pregnancy prevention grants shall be awarded to programs 30 in existence on or before July 1, 2012, if the programs are 31 comprehensive in scope and have demonstrated positive outcomes. 32 Grants shall be awarded to pregnancy prevention programs 33 which are developed after July 1, 2012, if the programs are 34 comprehensive in scope and are based on existing models that 35 -149- LSB 2820XC (37) 84 pf/jp 149/ 216
S.F. _____ have demonstrated positive outcomes. Grants shall comply with 1 the requirements provided in 1997 Iowa Acts, chapter 208, 2 section 14, subsections 1 and 2, including the requirement that 3 grant programs must emphasize sexual abstinence. Priority in 4 the awarding of grants shall be given to programs that serve 5 areas of the state which demonstrate the highest percentage of 6 unplanned pregnancies of females of childbearing age within the 7 geographic area to be served by the grant. 8 11. For technology needs and other resources necessary 9 to meet federal welfare reform reporting, tracking, and case 10 management requirements: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 518,593 12 12. To be credited to the state child care assistance 13 appropriation made in this section to be used for funding of 14 community-based early childhood programs targeted to children 15 from birth through five years of age developed by early 16 childhood Iowa areas as provided in section 256I.11: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,175,000 18 The department shall transfer TANF block grant funding 19 appropriated and allocated in this subsection to the child care 20 and development block grant appropriation in accordance with 21 federal law as necessary to comply with the provisions of this 22 subsection. 23 13. a. Notwithstanding any provision to the contrary, 24 including but not limited to requirements in section 8.41 or 25 provisions in 2011 or 2012 Iowa Acts regarding the receipt 26 and appropriation of federal block grants, federal funds 27 from the emergency contingency fund for temporary assistance 28 for needy families state program established pursuant to the 29 federal American Recovery and Reinvestment Act of 2009, Pub. 30 L. No. 111-5 § 2101, received by the state during the fiscal 31 year beginning July 1, 2011, and ending June 30, 2012, not 32 otherwise appropriated in this section and remaining available 33 as of July 1, 2012, and received by the state during the fiscal 34 year beginning July 1, 2012, and ending June 30, 2013, are 35 -150- LSB 2820XC (37) 84 pf/jp 150/ 216
S.F. _____ appropriated to the extent as may be necessary to be used in 1 the following priority order: the family investment program 2 for the fiscal year and for state child care assistance program 3 payments for individuals enrolled in the family investment 4 program who are employed. The federal funds appropriated in 5 this paragraph “a” shall be expended only after all other 6 funds appropriated in subsection 1 for the assistance under 7 the family investment program under chapter 239B have been 8 expended. 9 b. The department shall, on a quarterly basis, advise the 10 legislative services agency and department of management of 11 the amount of funds appropriated in this subsection that was 12 expended in the prior quarter. 13 14. Of the amounts appropriated in this section, 14 $6,481,004 for the fiscal year beginning July 1, 2012, shall be 15 transferred to the appropriation of the federal social services 16 block grant made for that fiscal year. 17 15. For continuation of the program allowing the department 18 to maintain categorical eligibility for the food assistance 19 program as required under the section of this division relating 20 to the family investment account: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 73,036 22 16. The department may transfer funds allocated in this 23 section to the appropriations made in this Act for general 24 administration and field operations for resources necessary to 25 implement and operate the services referred to in this section 26 and those funded in the appropriation made in this division of 27 this Act for the family investment program from the general 28 fund of the state. 29 Sec. 133. FAMILY INVESTMENT PROGRAM ACCOUNT. 30 1. Moneys credited to the family investment program (FIP) 31 account for the fiscal year beginning July 1, 2012, and 32 ending June 30, 2013, shall be used to provide assistance in 33 accordance with chapter 239B. 34 2. The department may use a portion of the moneys credited 35 -151- LSB 2820XC (37) 84 pf/jp 151/ 216
S.F. _____ to the FIP account under this section as necessary for 1 salaries, support, maintenance, and miscellaneous purposes. 2 3. The department may transfer funds allocated in 3 this section to the appropriations in this Act for general 4 administration and field operations for resources necessary to 5 implement and operate the services referred to in this section 6 and those funded in the appropriation made in this division of 7 this Act for the family investment program from the general 8 fund of the state. 9 4. Moneys appropriated in this division of this Act and 10 credited to the FIP account for the fiscal year beginning July 11 1, 2012, and ending June 30, 2013, are allocated as follows: 12 a. To be retained by the department of human services to 13 be used for coordinating with the department of human rights 14 to more effectively serve participants in the FIP program and 15 other shared clients and to meet federal reporting requirements 16 under the federal temporary assistance for needy families block 17 grant: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 19 b. To the department of human rights for staffing, 20 administration, and implementation of the family development 21 and self-sufficiency grant program in accordance with section 22 216A.107: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,671,417 24 (1) Of the funds allocated for the family development and 25 self-sufficiency grant program in this lettered paragraph, 26 not more than 5 percent of the funds shall be used for the 27 administration of the grant program. 28 (2) The department of human rights may continue to implement 29 the family development and self-sufficiency grant program 30 statewide during fiscal year 2012-2013. 31 c. For the diversion subaccount of the FIP account: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 849,200 33 A portion of the moneys allocated for the subaccount may 34 be used for field operations salaries, data management system 35 -152- LSB 2820XC (37) 84 pf/jp 152/ 216
S.F. _____ development, and implementation costs and support deemed 1 necessary by the director of human services in order to 2 administer the FIP diversion program. 3 d. For the food stamp employment and training program: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,294 5 (1) The department shall amend the food stamp employment and 6 training state plan in order to maximize to the fullest extent 7 permitted by federal law the use of the 50-50 match provisions 8 for the claiming of allowable federal matching funds from the 9 United States department of agriculture pursuant to the federal 10 food stamp employment and training program for providing 11 education, employment, and training services for eligible food 12 assistance program participants, including but not limited to 13 related dependent care and transportation expenses. 14 (2) The department shall continue the categorical federal 15 food assistance program eligibility at 160 percent of the 16 federal poverty level and continue to eliminate the asset test 17 from eligibility requirements, consistent with federal food 18 assistance program requirements. The department shall include 19 as many food assistance households as is allowed by federal 20 law. The eligibility provisions shall conform to all federal 21 requirements including requirements addressing individuals who 22 are incarcerated or otherwise ineligible. 23 e. For the JOBS program: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,117,953 25 5. Of the child support collections assigned under FIP, 26 an amount equal to the federal share of support collections 27 shall be credited to the child support recovery appropriation 28 made in this division of this Act. Of the remainder of the 29 assigned child support collections received by the child 30 support recovery unit, a portion shall be credited to the FIP 31 account, a portion may be used to increase recoveries, and a 32 portion may be used to sustain cash flow in the child support 33 payments account. If as a consequence of the appropriations 34 and allocations made in this section the resulting amounts 35 -153- LSB 2820XC (37) 84 pf/jp 153/ 216
S.F. _____ are insufficient to sustain cash assistance payments and meet 1 federal maintenance of effort requirements, the department 2 shall seek supplemental funding. If child support collections 3 assigned under FIP are greater than estimated or are otherwise 4 determined not to be required for maintenance of effort, the 5 state share of either amount may be transferred to or retained 6 in the child support payment account. 7 6. The department may adopt emergency rules for the family 8 investment, JOBS, food stamp, and medical assistance programs 9 if necessary to comply with federal requirements. 10 Sec. 134. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 11 is appropriated from the general fund of the state to the 12 department of human services for the fiscal year beginning July 13 1, 2012, and ending June 30, 2013, the following amount, or 14 so much thereof as is necessary, to be used for the purpose 15 designated: 16 To be credited to the family investment program (FIP) 17 account and used for family investment program assistance under 18 chapter 239B: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,085,514 20 1. Of the funds appropriated in this section, $3,912,189 is 21 allocated for the JOBS program. 22 2. Of the funds appropriated in this section, $1,231,927 is 23 allocated for the family development and self-sufficiency grant 24 program. 25 3. Notwithstanding section 8.39, for the fiscal year 26 beginning July 1, 2012, if necessary to meet federal 27 maintenance of effort requirements or to transfer federal 28 temporary assistance for needy families block grant funding 29 to be used for purposes of the federal social services block 30 grant or to meet cash flow needs resulting from delays in 31 receiving federal funding or to implement, in accordance with 32 this division of this Act, activities currently funded with 33 juvenile court services, county, or community moneys and state 34 moneys used in combination with such moneys, the department 35 -154- LSB 2820XC (37) 84 pf/jp 154/ 216
S.F. _____ of human services may transfer funds within or between any 1 of the appropriations made in this division of this Act and 2 appropriations in law for the federal social services block 3 grant to the department for the following purposes, provided 4 that the combined amount of state and federal temporary 5 assistance for needy families block grant funding for each 6 appropriation remains the same before and after the transfer: 7 a. For the family investment program. 8 b. For child care assistance. 9 c. For child and family services. 10 d. For field operations. 11 e. For general administration. 12 f. MH/MR/DD/BI community services (local purchase). 13 This subsection shall not be construed to prohibit the use 14 of existing state transfer authority for other purposes. The 15 department shall report any transfers made pursuant to this 16 subsection to the legislative services agency. 17 4. Of the funds appropriated in this section, $97,839 shall 18 be used for continuation of a grant to an Iowa-based nonprofit 19 organization with a history of providing tax preparation 20 assistance to low-income Iowans in order to expand the usage of 21 the earned income tax credit. The purpose of the grant is to 22 supply this assistance to underserved areas of the state. 23 Sec. 135. CHILD SUPPORT RECOVERY. There is appropriated 24 from the general fund of the state to the department of human 25 services for the fiscal year beginning July 1, 2012, and ending 26 June 30, 2013, the following amount, or so much thereof as is 27 necessary, to be used for the purposes designated: 28 For child support recovery, including salaries, support, 29 maintenance, and miscellaneous purposes, and for not more than 30 the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,559,628 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 475.00 33 1. The department shall expend up to $12,165, including 34 federal financial participation, for the fiscal year beginning 35 -155- LSB 2820XC (37) 84 pf/jp 155/ 216
S.F. _____ July 1, 2012, for a child support public awareness campaign. 1 The department and the office of the attorney general shall 2 cooperate in continuation of the campaign. The public 3 awareness campaign shall emphasize, through a variety of 4 media activities, the importance of maximum involvement of 5 both parents in the lives of their children as well as the 6 importance of payment of child support obligations. 7 2. Federal access and visitation grant moneys shall be 8 issued directly to private not-for-profit agencies that provide 9 services designed to increase compliance with the child access 10 provisions of court orders, including but not limited to 11 neutral visitation sites and mediation services. 12 3. The appropriation made to the department for child 13 support recovery may be used throughout the fiscal year in the 14 manner necessary for purposes of cash flow management, and for 15 cash flow management purposes the department may temporarily 16 draw more than the amount appropriated, provided the amount 17 appropriated is not exceeded at the close of the fiscal year. 18 4. With the exception of the funding amount specified, the 19 requirements established under 2001 Iowa Acts, chapter 191, 20 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 21 be applicable to parental obligation pilot projects for the 22 fiscal year beginning July 1, 2012, and ending June 30, 2013. 23 Notwithstanding 441 IAC 100.8, providing for termination of 24 rules relating to the pilot projects, the rules shall remain 25 in effect until June 30, 2013. 26 Sec. 136. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE. Any 27 funds remaining in the health care trust fund created in 28 section 453A.35A for the fiscal year beginning July 1, 2012, 29 and ending June 30, 2013, are appropriated to the department 30 of human services to supplement the medical assistance program 31 appropriations made in this Act, for medical assistance 32 reimbursement and associated costs, including program 33 administration and costs associated with implementation. 34 Sec. 137. MEDICAL ASSISTANCE. There is appropriated from 35 -156- LSB 2820XC (37) 84 pf/jp 156/ 216
S.F. _____ the general fund of the state to the department of human 1 services for the fiscal year beginning July 1, 2012, and ending 2 June 30, 2013, the following amount, or so much thereof as is 3 necessary, to be used for the purpose designated: 4 For medical assistance reimbursement and associated costs 5 as specifically provided in the reimbursement methodologies 6 in effect on June 30, 2012, except as otherwise expressly 7 authorized by law, including reimbursement for abortion 8 services which shall be available under the medical assistance 9 program only for those abortions which are medically necessary: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $897,816,915 11 1. Medically necessary abortions are those performed under 12 any of the following conditions: 13 a. The attending physician certifies that continuing the 14 pregnancy would endanger the life of the pregnant woman. 15 b. The attending physician certifies that the fetus is 16 physically deformed, mentally deficient, or afflicted with a 17 congenital illness. 18 c. The pregnancy is the result of a rape which is reported 19 within 45 days of the incident to a law enforcement agency or 20 public or private health agency which may include a family 21 physician. 22 d. The pregnancy is the result of incest which is reported 23 within 150 days of the incident to a law enforcement agency 24 or public or private health agency which may include a family 25 physician. 26 e. Any spontaneous abortion, commonly known as a 27 miscarriage, if not all of the products of conception are 28 expelled. 29 2. The department shall utilize not more than $60,000 of 30 the funds appropriated in this section to continue the AIDS/HIV 31 health insurance premium payment program as established in 1992 32 Iowa Acts, Second Extraordinary Session, chapter 1001, section 33 409, subsection 6. Of the funds allocated in this subsection, 34 not more than $5,000 may be expended for administrative 35 -157- LSB 2820XC (37) 84 pf/jp 157/ 216
S.F. _____ purposes. 1 3. Of the funds appropriated in this Act to the department 2 of public health for addictive disorders, $950,000 for the 3 fiscal year beginning July 1, 2012, shall be transferred to 4 the department of human services for an integrated substance 5 abuse managed care system. The department shall not assume 6 management of the substance abuse system in place of the 7 managed care contractor unless such a change in approach is 8 specifically authorized in law. The departments of human 9 services and public health shall work together to maintain 10 the level of mental health and substance abuse services 11 provided by the managed care contractor through the Iowa plan 12 for behavioral health. Each department shall take the steps 13 necessary to continue the federal waivers as necessary to 14 maintain the level of services. 15 4. a. The department shall aggressively pursue options for 16 providing medical assistance or other assistance to individuals 17 with special needs who become ineligible to continue receiving 18 services under the early and periodic screening, diagnostic, 19 and treatment program under the medical assistance program 20 due to becoming 21 years of age who have been approved for 21 additional assistance through the department’s exception to 22 policy provisions, but who have health care needs in excess 23 of the funding available through the exception to policy 24 provisions. 25 b. Of the funds appropriated in this section, $100,000 26 shall be used for participation in one or more pilot projects 27 operated by a private provider to allow the individual or 28 individuals to receive service in the community in accordance 29 with principles established in Olmstead v. L.C., 527 U.S. 581 30 (1999), for the purpose of providing medical assistance or 31 other assistance to individuals with special needs who become 32 ineligible to continue receiving services under the early and 33 periodic screening, diagnosis, and treatment program under 34 the medical assistance program due to becoming 21 years of 35 -158- LSB 2820XC (37) 84 pf/jp 158/ 216
S.F. _____ age who have been approved for additional assistance through 1 the department’s exception to policy provisions, but who have 2 health care needs in excess of the funding available through 3 the exception to the policy provisions. 4 5. Of the funds appropriated in this section, up to 5 $3,050,082 may be transferred to the field operations 6 or general administration appropriations in this Act for 7 operational costs associated with Part D of the federal 8 Medicare Prescription Drug Improvement and Modernization Act 9 of 2003, Pub. L. No. 108-173. 10 6. Of the funds appropriated in this section, up to $442,100 11 may be transferred to the appropriation in this Act for medical 12 contracts to be used for clinical assessment services and prior 13 authorization of services. 14 7. A portion of the funds appropriated in this section 15 may be transferred to the appropriations in this division of 16 this Act for general administration, medical contracts, the 17 children’s health insurance program, or field operations to be 18 used for the state match cost to comply with the payment error 19 rate measurement (PERM) program for both the medical assistance 20 and children’s health insurance programs as developed by the 21 centers for Medicare and Medicaid services of the United States 22 department of health and human services to comply with the 23 federal Improper Payments Information Act of 2002, Pub. L. No. 24 107-300. 25 8. It is the intent of the general assembly that the 26 department continue to implement the recommendations of 27 the assuring better child health and development initiative 28 II (ABCDII) clinical panel to the Iowa early and periodic 29 screening, diagnostic, and treatment services healthy mental 30 development collaborative board regarding changes to billing 31 procedures, codes, and eligible service providers. 32 9. Of the funds appropriated in this section, a sufficient 33 amount is allocated to supplement the incomes of residents of 34 nursing facilities, intermediate care facilities for persons 35 -159- LSB 2820XC (37) 84 pf/jp 159/ 216
S.F. _____ with mental illness, and intermediate care facilities for 1 persons with mental retardation, with incomes of less than $50 2 in the amount necessary for the residents to receive a personal 3 needs allowance of $50 per month pursuant to section 249A.30A. 4 10. Of the funds appropriated in this section, the following 5 amounts shall be transferred to the appropriations made in this 6 division of this Act for the state mental health institutes: 7 a. Cherokee mental health institute .......... $ 9,098,425 8 b. Clarinda mental health institute .......... $ 1,977,305 9 c. Independence mental health institute ...... $ 9,045,894 10 d. Mount Pleasant mental health institute .... $ 5,752,587 11 11. a. Of the funds appropriated in this section, 12 $7,425,684 is allocated for the state match for a 13 disproportionate share hospital payment of $19,133,430 to 14 hospitals that meet both of the conditions specified in 15 subparagraphs (1) and (2). In addition, the hospitals that 16 meet the conditions specified shall either certify public 17 expenditures or transfer to the medical assistance program 18 an amount equal to provide the nonfederal share for a 19 disproportionate share hospital payment of $7,500,000. The 20 hospitals that meet the conditions specified shall receive and 21 retain 100 percent of the total disproportionate share hospital 22 payment of $26,633,430. 23 (1) The hospital qualifies for disproportionate share and 24 graduate medical education payments. 25 (2) The hospital is an Iowa state-owned hospital with more 26 than 500 beds and eight or more distinct residency specialty 27 or subspecialty programs recognized by the American college of 28 graduate medical education. 29 b. Distribution of the disproportionate share payments 30 shall be made on a monthly basis. The total amount of 31 disproportionate share payments including graduate medical 32 education, enhanced disproportionate share, and Iowa 33 state-owned teaching hospital payments shall not exceed the 34 amount of the state’s allotment under Pub. L. No. 102-234. 35 -160- LSB 2820XC (37) 84 pf/jp 160/ 216
S.F. _____ In addition, the total amount of all disproportionate 1 share payments shall not exceed the hospital-specific 2 disproportionate share limits under Pub. L. No. 103-66. 3 12. The university of Iowa hospitals and clinics shall 4 either certify public expenditures or transfer to the medical 5 assistance appropriation an amount equal to provide the 6 nonfederal share for increased medical assistance payments for 7 inpatient and outpatient hospital services of $9,900,000. The 8 university of Iowa hospitals and clinics shall receive and 9 retain 100 percent of the total increase in medical assistance 10 payments. 11 13. Of the funds appropriated in this section, up to 12 $4,480,304 may be transferred to the IowaCare account created 13 in section 249J.24. 14 14. Of the funds appropriated in this section, $200,000 15 shall be used for the Iowa chronic care consortium pursuant to 16 2003 Iowa Acts, chapter 112, section 12, as amended by 2003 17 Iowa Acts, chapter 179, sections 166 and 167. 18 15. One hundred percent of the nonfederal share of payments 19 to area education agencies that are medical assistance 20 providers for medical assistance-covered services provided to 21 medical assistance-covered children, shall be made from the 22 appropriation made in this section. 23 16. Any new or renewed contract entered into by the 24 department with a third party to administer behavioral health 25 services under the medical assistance program shall provide 26 that any interest earned on payments from the state during 27 the state fiscal year shall be remitted to the department 28 and treated as recoveries to offset the costs of the medical 29 assistance program. 30 17. The department shall continue to implement the 31 provisions in 2007 Iowa Acts, chapter 218, section 124 and 32 section 126, as amended by 2008 Iowa Acts, chapter 1188, 33 section 55, relating to eligibility for certain persons with 34 disabilities under the medical assistance program in accordance 35 -161- LSB 2820XC (37) 84 pf/jp 161/ 216
S.F. _____ with the federal family opportunity Act. 1 18. A portion of the funds appropriated in this section 2 may be transferred to the appropriation in this division of 3 this Act for medical contracts to be used for administrative 4 activities associated with the money follows the person 5 demonstration project. 6 19. Of the funds appropriated in this section, $349,011 7 shall be used for the administration of the health insurance 8 premium payment program, including salaries, support, 9 maintenance, and miscellaneous purposes for the fiscal year 10 beginning July 1, 2012. 11 20. a. The department may continue to implement cost 12 containment strategies recommended by the governor, and may 13 adopt emergency rules for such implementation. 14 b. The department shall not implement the cost containment 15 strategy to require a primary care referral for the provision 16 of chiropractic services. 17 c. The department may increase the amounts allocated for 18 salaries, support, maintenance, and miscellaneous purposes 19 associated with the medical assistance program, as necessary, 20 to implement the cost containment strategies. The department 21 shall report any such increase to the legislative services 22 agency and the department of management. 23 d. If the savings to the medical assistance program exceed 24 the cost, the department may transfer any savings generated 25 for the fiscal year due to medical assistance program cost 26 containment efforts initiated pursuant to 2010 Iowa Acts, 27 chapter 1031, Executive Order No. 20, issued December 16, 2009, 28 or cost containment strategies initiated pursuant to this 29 subsection, to the appropriation made in this division of this 30 Act for medical contracts or general administration to defray 31 the increased contract costs associated with implementing such 32 efforts. 33 e. The department shall report the implementation of 34 any cost containment strategies under this subsection to 35 -162- LSB 2820XC (37) 84 pf/jp 162/ 216
S.F. _____ the individuals specified in this division of this Act for 1 submission of reports on a quarterly basis. 2 21. Notwithstanding any provision of law to the contrary, 3 the department of human services shall continue implementation 4 of the amended section 1915(b) waiver and Iowa plan contract 5 for inclusion of remedial services under the Iowa plan contract 6 for the fiscal year beginning July 1, 2012. 7 22. Of the funds appropriated in this section, $5,000,000 8 shall be used to continue reductions in the waiting lists 9 of the medical assistance home and community-based services 10 waivers, including the waiver for persons with intellectual 11 disabilities for which the nonfederal share is paid as 12 state case services and other support pursuant to section 13 331.440. The department shall distribute the funding allocated 14 under this subsection proportionately among all home and 15 community-based services waivers. 16 Sec. 138. MEDICAL CONTRACTS. There is appropriated from the 17 general fund of the state to the department of human services 18 for the fiscal year beginning July 1, 2012, and ending June 30, 19 2013, the following amount, or so much thereof as is necessary, 20 to be used for the purpose designated: 21 For medical contracts: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,946,922 23 1. The department of inspections and appeals shall 24 provide all state matching funds for survey and certification 25 activities performed by the department of inspections 26 and appeals. The department of human services is solely 27 responsible for distributing the federal matching funds for 28 such activities. 29 2. Of the funds appropriated in this section, $75,000 30 shall be used for continued implementation of a uniform cost 31 report to be used in the development of specified Medicaid 32 reimbursement rates over a multiyear timeframe as specified in 33 this Act for FY 2011-2012. 34 3. a. Of the funds appropriated in this section, 35 -163- LSB 2820XC (37) 84 pf/jp 163/ 216
S.F. _____ $50,000 shall be used for continued implementation of an 1 electronic medical record system, including system purchase or 2 development, for home and community-based services providers 3 and mental health services providers that comply with the 4 requirements of federal and state laws and regulation by the 5 fiscal year beginning July 1, 2013. 6 b. Notwithstanding section 8.33, funds allocated in this 7 subsection that remain unencumbered or unobligated at the close 8 of the fiscal year shall not revert but shall remain available 9 in succeeding fiscal years to be used for the purposes 10 designated. 11 4. Of the amount appropriated in this section, $175,000 12 shall be used for technology upgrades necessary to support 13 Medicaid claims and other health operations, worldwide federal 14 Health Insurance Portability and Accountability Act of 1996 15 (HIPAA) claims, transactions, and coding requirements, and the 16 Iowa automated benefits calculation system. Notwithstanding 17 section 8.33, funds allocated in this subsection that remain 18 unencumbered or unobligated at the close of the fiscal year 19 shall not revert but shall remain available in succeeding 20 fiscal years to be used for the purposes designated. 21 5. Of the funds appropriated in this section, $50,000 22 shall be used for the continuation of an accountable care 23 organization pilot project as specified in this Act relating to 24 prior appropriations and related changes for FY 2011-2012. 25 6. Of the funds appropriated in this section, $100,000 26 shall be used for the continued development of a provider 27 payment system plan to provide recommendations to reform the 28 health care provider payment system as an effective way to 29 promote coordination of care, lower costs, and improve quality 30 as specified in the division of this Act relating to cost 31 containment for FY 2011-2012. 32 7. Of the funds appropriated in this section, $10,000 shall 33 be used for the continued development of a plan to establish 34 an all-payer claims database to provide for the collection 35 -164- LSB 2820XC (37) 84 pf/jp 164/ 216
S.F. _____ and analysis of claims data from multiple payers of health 1 care as specified in the division of this Act relating to cost 2 containment for FY 2011-2012. 3 8. Of the funds appropriated in this section, $25,000 shall 4 be used for continuation of home and community-based services 5 waiver quality assurance programs, including the review and 6 streamlining of processes and policies related to oversight and 7 quality management to meet state and federal requirements. 8 Sec. 139. STATE SUPPLEMENTARY ASSISTANCE. 9 1. There is appropriated from the general fund of the 10 state to the department of human services for the fiscal year 11 beginning July 1, 2012, and ending June 30, 2013, the following 12 amount, or so much thereof as is necessary, to be used for the 13 purpose designated: 14 For the state supplementary assistance program: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,425,374 16 2. The department shall increase the personal needs 17 allowance for residents of residential care facilities by the 18 same percentage and at the same time as federal supplemental 19 security income and federal social security benefits are 20 increased due to a recognized increase in the cost of living. 21 The department may adopt emergency rules to implement this 22 subsection. 23 3. If during the fiscal year beginning July 1, 2012, 24 the department projects that state supplementary assistance 25 expenditures for a calendar year will not meet the federal 26 pass-through requirement specified in Tit. XVI of the federal 27 Social Security Act, section 1618, as codified in 42 U.S.C. 28 § 1382g, the department may take actions including but not 29 limited to increasing the personal needs allowance for 30 residential care facility residents and making programmatic 31 adjustments or upward adjustments of the residential care 32 facility or in-home health-related care reimbursement rates 33 prescribed in this division of this Act to ensure that federal 34 requirements are met. In addition, the department may make 35 -165- LSB 2820XC (37) 84 pf/jp 165/ 216
S.F. _____ other programmatic and rate adjustments necessary to remain 1 within the amount appropriated in this section while ensuring 2 compliance with federal requirements. The department may adopt 3 emergency rules to implement the provisions of this subsection. 4 Sec. 140. CHILDREN’S HEALTH INSURANCE PROGRAM. 5 1. There is appropriated from the general fund of the 6 state to the department of human services for the fiscal year 7 beginning July 1, 2012, and ending June 30, 2013, the following 8 amount, or so much thereof as is necessary, to be used for the 9 purpose designated: 10 For maintenance of the healthy and well kids in Iowa (hawk-i) 11 program pursuant to chapter 514I, including supplemental dental 12 services, for receipt of federal financial participation under 13 Tit. XXI of the federal Social Security Act, which creates the 14 children’s health insurance program: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,403,051 16 2. Of the funds appropriated in this section, $64,475 is 17 allocated for continuation of the contract for advertising and 18 outreach with the department of public health. 19 Sec. 141. CHILD CARE ASSISTANCE. 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, 2012, and ending 22 June 30, 2013, the following amount, or so much thereof as is 23 necessary, to be used for the purpose designated: 24 For child care programs: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,632,755 26 1. Of the funds appropriated in this section, $26,948,041 27 shall be used for state child care assistance in accordance 28 with section 237A.13. 29 2. Nothing in this section shall be construed or is 30 intended as or shall imply a grant of entitlement for services 31 to persons who are eligible for assistance due to an income 32 level consistent with the waiting list requirements of section 33 237A.13. Any state obligation to provide services pursuant to 34 this section is limited to the extent of the funds appropriated 35 -166- LSB 2820XC (37) 84 pf/jp 166/ 216
S.F. _____ in this section. 1 3. Of the funds appropriated in this section, $216,227 is 2 allocated for the statewide program for child care resource 3 and referral services under section 237A.26. A list of the 4 registered and licensed child care facilities operating in the 5 area served by a child care resource and referral service shall 6 be made available to the families receiving state child care 7 assistance in that area. 8 4. Of the funds appropriated in this section, $468,487 9 is allocated for child care quality improvement initiatives 10 including but not limited to the voluntary quality rating 11 system in accordance with section 237A.30. 12 5. The department may use any of the funds appropriated 13 in this section as a match to obtain federal funds for use in 14 expanding child care assistance and related programs. For 15 the purpose of expenditures of state and federal child care 16 funding, funds shall be considered obligated at the time 17 expenditures are projected or are allocated to the department’s 18 service areas. Projections shall be based on current and 19 projected caseload growth, current and projected provider 20 rates, staffing requirements for eligibility determination 21 and management of program requirements including data systems 22 management, staffing requirements for administration of the 23 program, contractual and grant obligations and any transfers 24 to other state agencies, and obligations for decategorization 25 or innovation projects. 26 6. A portion of the state match for the federal child care 27 and development block grant shall be provided as necessary to 28 meet federal matching funds requirements through the state 29 general fund appropriation made for child development grants 30 and other programs for at-risk children in section 279.51. 31 7. If a uniform reduction ordered by the governor under 32 section 8.31 or other operation of law, transfer, or federal 33 funding reduction reduces the appropriation made in this 34 section for the fiscal year, the percentage reduction in the 35 -167- LSB 2820XC (37) 84 pf/jp 167/ 216
S.F. _____ amount paid out to or on behalf of the families participating 1 in the state child care assistance program shall be equal to or 2 less than the percentage reduction made for any other purpose 3 payable from the appropriation made in this section and the 4 federal funding relating to it. The percentage reduction to 5 the other allocations made in this section shall be the same as 6 the uniform reduction ordered by the governor or the percentage 7 change of the federal funding reduction, as applicable. 8 If there is an unanticipated increase in federal funding 9 provided for state child care assistance, the entire amount 10 of the increase shall be used for state child care assistance 11 payments. If the appropriations made for purposes of the 12 state child care assistance program for the fiscal year are 13 determined to be insufficient, it is the intent of the general 14 assembly to appropriate sufficient funding for the fiscal year 15 in order to avoid establishment of waiting list requirements. 16 8. Notwithstanding section 8.33, moneys appropriated in 17 this section or received from the federal appropriations made 18 for the purposes of this section that remain unencumbered or 19 unobligated at the close of the fiscal year shall not revert 20 to any fund but shall remain available for expenditure for the 21 purposes designated until the close of the succeeding fiscal 22 year. 23 Sec. 142. JUVENILE INSTITUTIONS. There is appropriated 24 from the general fund of the state to the department of human 25 services for the fiscal year beginning July 1, 2012, and ending 26 June 30, 2013, the following amounts, or so much thereof as is 27 necessary, to be used for the purposes designated: 28 1. For operation of the Iowa juvenile home at Toledo and for 29 salaries, support, maintenance, and miscellaneous purposes, and 30 for not more than the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,129,126 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00 33 2. For operation of the state training school at Eldora and 34 for salaries, support, maintenance, and miscellaneous purposes, 35 -168- LSB 2820XC (37) 84 pf/jp 168/ 216
S.F. _____ and for not more than the following full-time equivalent 1 positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,319,339 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 164.30 4 Of the funds appropriated in this subsection, $45,575 shall 5 be used for distribution to licensed classroom teachers at this 6 and other institutions under the control of the department of 7 human services based upon the average student yearly enrollment 8 at each institution as determined by the department. 9 3. A portion of the moneys appropriated in this section 10 shall be used by the state training school and by the Iowa 11 juvenile home for grants for adolescent pregnancy prevention 12 activities at the institutions in the fiscal year beginning 13 July 1, 2012. 14 Sec. 143. CHILD AND FAMILY SERVICES. 15 1. There is appropriated from the general fund of the 16 state to the department of human services for the fiscal year 17 beginning July 1, 2012, and ending June 30, 2013, the following 18 amount, or so much thereof as is necessary, to be used for the 19 purpose designated: 20 For child and family services: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,538,668 22 2. In order to address a reduction of $5,200,000 from the 23 amount allocated under the appropriation made for the purposes 24 of this section in prior years for purposes of juvenile 25 delinquent graduated sanction services, up to $2,600,000 of the 26 amount of federal temporary assistance for needy families block 27 grant funding appropriated in this division of this Act for 28 child and family services shall be made available for purposes 29 of juvenile delinquent graduated sanction services. 30 3. The department may transfer funds appropriated in this 31 section as necessary to pay the nonfederal costs of services 32 reimbursed under the medical assistance program, state child 33 care assistance program, or the family investment program which 34 are provided to children who would otherwise receive services 35 -169- LSB 2820XC (37) 84 pf/jp 169/ 216
S.F. _____ paid under the appropriation in this section. The department 1 may transfer funds appropriated in this section to the 2 appropriations made in this division of this Act for general 3 administration and for field operations for resources necessary 4 to implement and operate the services funded in this section. 5 4. a. Of the funds appropriated in this section, up to 6 $15,084,565 is allocated as the statewide expenditure target 7 under section 232.143 for group foster care maintenance and 8 services. If the department projects that such expenditures 9 for the fiscal year will be less than the target amount 10 allocated in this lettered paragraph, the department may 11 reallocate the excess to provide additional funding for shelter 12 care or the child welfare emergency services addressed with the 13 allocation for shelter care. 14 b. If at any time after September 30, 2012, annualization 15 of a service area’s current expenditures indicates a service 16 area is at risk of exceeding its group foster care expenditure 17 target under section 232.143 by more than 5 percent, the 18 department and juvenile court services shall examine all 19 group foster care placements in that service area in order to 20 identify those which might be appropriate for termination. 21 In addition, any aftercare services believed to be needed 22 for the children whose placements may be terminated shall be 23 identified. The department and juvenile court services shall 24 initiate action to set dispositional review hearings for the 25 placements identified. In such a dispositional review hearing, 26 the juvenile court shall determine whether needed aftercare 27 services are available and whether termination of the placement 28 is in the best interest of the child and the community. 29 5. In accordance with the provisions of section 232.188, 30 the department shall continue the child welfare and juvenile 31 justice funding initiative during fiscal year 2012-2013. Of 32 the funds appropriated in this section, $858,877 is allocated 33 specifically for expenditure for fiscal year 2012-2013 through 34 the decategorization service funding pools and governance 35 -170- LSB 2820XC (37) 84 pf/jp 170/ 216
S.F. _____ boards established pursuant to section 232.188. 1 6. A portion of the funds appropriated in this section 2 may be used for emergency family assistance to provide other 3 resources required for a family participating in a family 4 preservation or reunification project or successor project to 5 stay together or to be reunified. 6 7. Notwithstanding section 234.35 or any other provision 7 of law to the contrary, state funding for shelter care and 8 the child welfare emergency services contracting implemented 9 to provide for or prevent the need for shelter care shall 10 be limited to $3,785,058. The department may continue or 11 execute contracts that result from the department’s request 12 for proposal, bid number ACFS-11-114, to provide the range of 13 child welfare emergency services described in the request for 14 proposals, and any subsequent amendments to the request for 15 proposals. 16 8. Federal funds received by the state during the fiscal 17 year beginning July 1, 2012, as the result of the expenditure 18 of state funds appropriated during a previous state fiscal 19 year for a service or activity funded under this section are 20 appropriated to the department to be used as additional funding 21 for services and purposes provided for under this section. 22 Notwithstanding section 8.33, moneys received in accordance 23 with this subsection that remain unencumbered or unobligated at 24 the close of the fiscal year shall not revert to any fund but 25 shall remain available for the purposes designated until the 26 close of the succeeding fiscal year. 27 9. Of the funds appropriated in this section, at least 28 $1,848,143 shall be used for protective child care assistance. 29 10. a. Of the funds appropriated in this section, up to 30 $1,031,244 is allocated for the payment of the expenses of 31 court-ordered services provided to juveniles who are under the 32 supervision of juvenile court services, which expenses are a 33 charge upon the state pursuant to section 232.141, subsection 34 4. Of the amount allocated in this lettered paragraph, up 35 -171- LSB 2820XC (37) 84 pf/jp 171/ 216
S.F. _____ to $778,144 shall be made available to provide school-based 1 supervision of children adjudicated under chapter 232, of which 2 not more than $7,500 may be used for the purpose of training. 3 A portion of the cost of each school-based liaison officer 4 shall be paid by the school district or other funding source as 5 approved by the chief juvenile court officer. 6 b. Of the funds appropriated in this section, up to $374,493 7 is allocated for the payment of the expenses of court-ordered 8 services provided to children who are under the supervision 9 of the department, which expenses are a charge upon the state 10 pursuant to section 232.141, subsection 4. 11 c. Notwithstanding section 232.141 or any other provision 12 of law to the contrary, the amounts allocated in this 13 subsection shall be distributed to the judicial districts 14 as determined by the state court administrator and to the 15 department’s service areas as determined by the administrator 16 of the department’s division of child and family services. The 17 state court administrator and the division administrator shall 18 make the determination of the distribution amounts on or before 19 June 15, 2012. 20 d. Notwithstanding chapter 232 or any other provision of 21 law to the contrary, a district or juvenile court shall not 22 order any service which is a charge upon the state pursuant 23 to section 232.141 if there are insufficient court-ordered 24 services funds available in the district court or departmental 25 service area distribution amounts to pay for the service. The 26 chief juvenile court officer and the departmental service area 27 manager shall encourage use of the funds allocated in this 28 subsection such that there are sufficient funds to pay for 29 all court-related services during the entire year. The chief 30 juvenile court officers and departmental service area managers 31 shall attempt to anticipate potential surpluses and shortfalls 32 in the distribution amounts and shall cooperatively request the 33 state court administrator or division administrator to transfer 34 funds between the judicial districts’ or departmental service 35 -172- LSB 2820XC (37) 84 pf/jp 172/ 216
S.F. _____ areas’ distribution amounts as prudent. 1 e. Notwithstanding any provision of law to the contrary, 2 a district or juvenile court shall not order a county to pay 3 for any service provided to a juvenile pursuant to an order 4 entered under chapter 232 which is a charge upon the state 5 under section 232.141, subsection 4. 6 f. Of the funds allocated in this subsection, not more than 7 $41,500 may be used by the judicial branch for administration 8 of the requirements under this subsection. 9 g. Of the funds allocated in this subsection, $8,500 10 shall be used by the department of human services to support 11 the interstate commission for juveniles in accordance with 12 the interstate compact for juveniles as provided in section 13 232.173. 14 11. Of the funds appropriated in this section, $2,961,301 is 15 allocated for juvenile delinquent graduated sanctions services. 16 Any state funds saved as a result of efforts by juvenile court 17 services to earn federal Tit. IV-E match for juvenile court 18 services administration may be used for the juvenile delinquent 19 graduated sanctions services. 20 12. Of the funds appropriated in this section, $494,143 21 shall be transferred to the department of public health to 22 be used for the child protection center grant program in 23 accordance with section 135.118. 24 13. If the department receives federal approval to 25 implement a waiver under Tit. IV-E of the federal Social 26 Security Act to enable providers to serve children who remain 27 in the children’s families and communities, for purposes of 28 eligibility under the medical assistance program, children who 29 participate in the waiver shall be considered to be placed in 30 foster care. 31 14. Of the funds appropriated in this section, $1,534,916 is 32 allocated for the preparation for adult living program pursuant 33 to section 234.46. 34 15. Of the funds appropriated in this section, $260,075 35 -173- LSB 2820XC (37) 84 pf/jp 173/ 216
S.F. _____ shall be used for juvenile drug courts. The amount allocated 1 in this subsection shall be distributed as follows: 2 To the judicial branch for salaries to assist with the 3 operation of juvenile drug court programs operated in the 4 following jurisdictions: 5 a. Marshall county: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,354 7 b. Woodbury county: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,841 9 c. Polk county: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,946 11 d. The third judicial district: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 13 e. The eighth judicial district: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 15 16. Of the funds appropriated in this section, $113,669 16 shall be used for the public purpose of providing a grant to 17 a nonprofit human services organization providing services to 18 individuals and families in multiple locations in southwest 19 Iowa and Nebraska for support of a project providing immediate, 20 sensitive support and forensic interviews, medical exams, needs 21 assessments, and referrals for victims of child abuse and their 22 nonoffending family members. 23 17. Of the funds appropriated in this section, $62,795 24 is allocated for the elevate approach of providing a support 25 network to children placed in foster care. 26 18. Of the funds appropriated in this section, $101,000 is 27 allocated for use pursuant to section 235A.1 for continuation 28 of the initiative to address child sexual abuse implemented 29 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 30 21. 31 19. Of the funds appropriated in this section, $315,120 is 32 allocated for the community partnership for child protection 33 sites. 34 20. Of the funds appropriated in this section, $185,625 35 -174- LSB 2820XC (37) 84 pf/jp 174/ 216
S.F. _____ is allocated for the department’s minority youth and family 1 projects under the redesign of the child welfare system. 2 21. Of the funds appropriated in this section, $600,248 3 is allocated for funding of the state match for the federal 4 substance abuse and mental health services administration 5 (SAMHSA) system of care grant. 6 22. Of the funds appropriated in this section, at least 7 $73,579 shall be used for the child welfare training academy. 8 23. Of the funds appropriated in this section, $12,500 9 shall be used for the public purpose of providing a grant to 10 a child welfare services provider headquartered in a county 11 with a population between 205,000 and 215,000 in the latest 12 certified federal census that provides multiple services 13 including but not limited to a psychiatric medical institution 14 for children, shelter, residential treatment, after school 15 programs, school-based programming, and an Asperger’s syndrome 16 program, to be used for support services for children with 17 autism spectrum disorder and their families. 18 24. Of the funds appropriated in this section $128,587 shall 19 be used for continuation of the central Iowa system of care 20 program grant through June 30, 2013. 21 Sec. 144. ADOPTION SUBSIDY. 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, 2012, and ending June 30, 2013, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purpose designated: 27 For adoption subsidy payments and services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,233,296 29 2. The department may transfer funds appropriated in this 30 section to the appropriation made in this Act for general 31 administration for costs paid from the appropriation relating 32 to adoption subsidy. 33 3. Federal funds received by the state during the 34 fiscal year beginning July 1, 2012, as the result of the 35 -175- LSB 2820XC (37) 84 pf/jp 175/ 216
S.F. _____ expenditure of state funds during a previous state fiscal 1 year for a service or activity funded under this section are 2 appropriated to the department to be used as additional funding 3 for the services and activities funded under this section. 4 Notwithstanding section 8.33, moneys received in accordance 5 with this subsection that remain unencumbered or unobligated 6 at the close of the fiscal year shall not revert to any fund 7 but shall remain available for expenditure for the purposes 8 designated until the close of the succeeding fiscal year. 9 Sec. 145. JUVENILE DETENTION HOME FUND. Moneys deposited 10 in the juvenile detention home fund created in section 232.142 11 during the fiscal year beginning July 1, 2012, and ending June 12 30, 2013, are appropriated to the department of human services 13 for the fiscal year beginning July 1, 2012, and ending June 30, 14 2013, for distribution of an amount equal to a percentage of 15 the costs of the establishment, improvement, operation, and 16 maintenance of county or multicounty juvenile detention homes 17 in the fiscal year beginning July 1, 2011. Moneys appropriated 18 for distribution in accordance with this section shall be 19 allocated among eligible detention homes, prorated on the basis 20 of an eligible detention home’s proportion of the costs of all 21 eligible detention homes in the fiscal year beginning July 22 1, 2011. The percentage figure shall be determined by the 23 department based on the amount available for distribution for 24 the fund. Notwithstanding section 232.142, subsection 3, the 25 financial aid payable by the state under that provision for the 26 fiscal year beginning July 1, 2012, shall be limited to the 27 amount appropriated for the purposes of this section. 28 Sec. 146. FAMILY SUPPORT SUBSIDY PROGRAM. 29 1. There is appropriated from the general fund of the 30 state to the department of human services for the fiscal year 31 beginning July 1, 2012, and ending June 30, 2013, the following 32 amount, or so much thereof as is necessary, to be used for the 33 purpose designated: 34 For the family support subsidy program subject to the 35 -176- LSB 2820XC (37) 84 pf/jp 176/ 216
S.F. _____ enrollment restrictions in section 225C.37, subsection 3: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 583,999 2 2. The department shall use at least $192,750 of the moneys 3 appropriated in this section for the family support center 4 component of the comprehensive family support program under 5 section 225C.47. Not more than $12,500 of the amount allocated 6 in this subsection shall be used for administrative costs. 7 3. If at any time during the fiscal year, the amount of 8 funding available for the family support subsidy program 9 is reduced from the amount initially used to establish the 10 figure for the number of family members for whom a subsidy 11 is to be provided at any one time during the fiscal year, 12 notwithstanding section 225C.38, subsection 2, the department 13 shall revise the figure as necessary to conform to the amount 14 of funding available. 15 Sec. 147. CONNER DECREE. There is appropriated from the 16 general fund of the state to the department of human services 17 for the fiscal year beginning July 1, 2012, and ending June 30, 18 2013, the following amount, or so much thereof as is necessary, 19 to be used for the purpose designated: 20 For building community capacity through the coordination 21 and provision of training opportunities in accordance with the 22 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 23 Iowa, July 14, 1994): 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,811 25 Sec. 148. MENTAL HEALTH INSTITUTES. There is appropriated 26 from the general fund of the state to the department of human 27 services for the fiscal year beginning July 1, 2012, and ending 28 June 30, 2013, the following amounts, or so much thereof as is 29 necessary, to be used for the purposes designated: 30 1. For the state mental health institute at Cherokee for 31 salaries, support, maintenance, and miscellaneous purposes, and 32 for not more than the following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,938,654 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 168.50 35 -177- LSB 2820XC (37) 84 pf/jp 177/ 216
S.F. _____ 2. For the state mental health institute at Clarinda for 1 salaries, support, maintenance, and miscellaneous purposes, and 2 for not more than the following full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,205,867 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 5 3. For the state mental health institute at Independence for 6 salaries, support, maintenance, and miscellaneous purposes, and 7 for not more than the following full-time equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,137,843 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 10 4. For the state mental health institute at Mount Pleasant 11 for salaries, support, maintenance, and miscellaneous purposes, 12 and for not more than the following full-time equivalent 13 positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 472,162 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 91.72 16 Sec. 149. STATE RESOURCE CENTERS. 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, 2012, and ending June 30, 2013, the following 20 amounts, or so much thereof as is necessary, to be used for the 21 purposes designated: 22 a. For the state resource center at Glenwood for salaries, 23 support, maintenance, and miscellaneous purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,303,901 25 b. For the state resource center at Woodward for salaries, 26 support, maintenance, and miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,442,829 28 2. The department may continue to bill for state resource 29 center services utilizing a scope of services approach used for 30 private providers of ICFMR services, in a manner which does not 31 shift costs between the medical assistance program, counties, 32 or other sources of funding for the state resource centers. 33 3. The state resource centers may expand the time-limited 34 assessment and respite services during the fiscal year. 35 -178- LSB 2820XC (37) 84 pf/jp 178/ 216
S.F. _____ 4. If the department’s administration and the department 1 of management concur with a finding by a state resource 2 center’s superintendent that projected revenues can reasonably 3 be expected to pay the salary and support costs for a new 4 employee position, or that such costs for adding a particular 5 number of new positions for the fiscal year would be less 6 than the overtime costs if new positions would not be added, 7 the superintendent may add the new position or positions. If 8 the vacant positions available to a resource center do not 9 include the position classification desired to be filled, the 10 state resource center’s superintendent may reclassify any 11 vacant position as necessary to fill the desired position. The 12 superintendents of the state resource centers may, by mutual 13 agreement, pool vacant positions and position classifications 14 during the course of the fiscal year in order to assist one 15 another in filling necessary positions. 16 5. If existing capacity limitations are reached in 17 operating units, a waiting list is in effect for a service or 18 a special need for which a payment source or other funding 19 is available for the service or to address the special need, 20 and facilities for the service or to address the special need 21 can be provided within the available payment source or other 22 funding, the superintendent of a state resource center may 23 authorize opening not more than two units or other facilities 24 and begin implementing the service or addressing the special 25 need during fiscal year 2012-2013. 26 Sec. 150. MI/MR/DD STATE CASES. 27 1. There is appropriated from the general fund of the 28 state to the department of human services for the fiscal year 29 beginning July 1, 2012, and ending June 30, 2013, the following 30 amount, or so much thereof as is necessary, to be used for the 31 purpose designated: 32 For distribution to counties for state case services 33 for persons with mental illness, mental retardation, and 34 developmental disabilities in accordance with section 331.440: 35 -179- LSB 2820XC (37) 84 pf/jp 179/ 216
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,084,741 1 2. For the fiscal year beginning July 1, 2012, and ending 2 June 30, 2013, $100,000 is allocated for state case services 3 from the amounts appropriated from the fund created in section 4 8.41 to the department of human services from the funds 5 received from the federal government under 42 U.S.C. ch. 6A, 6 subch. XVII, relating to the community mental health center 7 block grant, for the federal fiscal years beginning October 8 1, 2010, and ending September 30, 2011, beginning October 1, 9 2011, and ending September 30, 2012, and beginning October 1, 10 2012, and ending September 30, 2013. The allocation made in 11 this subsection shall be made prior to any other distribution 12 allocation of the appropriated federal funds. 13 3. Notwithstanding section 8.33, moneys appropriated in 14 this section that remain unencumbered or unobligated at the 15 close of the fiscal year shall not revert but shall remain 16 available for expenditure for the purposes designated until the 17 close of the succeeding fiscal year. 18 Sec. 151. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 19 —— COMMUNITY SERVICES FUND. There is appropriated from 20 the general fund of the state to the mental health and 21 developmental disabilities community services fund created in 22 section 225C.7 for the fiscal year beginning July 1, 2012, and 23 ending June 30, 2013, the following amount, or so much thereof 24 as is necessary, to be used for the purpose designated: 25 For mental health and developmental disabilities community 26 services in accordance with this division of this Act: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,211,100 28 1. Of the funds appropriated in this section, $14,187,556 29 shall be allocated to counties for funding of community-based 30 mental health and developmental disabilities services. The 31 moneys shall be allocated to a county as follows: 32 a. Fifty percent based upon the county’s proportion of the 33 state’s population of persons with an annual income which is 34 equal to or less than the poverty guideline established by the 35 -180- LSB 2820XC (37) 84 pf/jp 180/ 216
S.F. _____ federal office of management and budget. 1 b. Fifty percent based upon the county’s proportion of the 2 state’s general population. 3 2. a. A county shall utilize the funding the county 4 receives pursuant to subsection 1 for services provided to 5 persons with a disability, as defined in section 225C.2. 6 However, no more than 50 percent of the funding shall be used 7 for services provided to any one of the service populations. 8 b. A county shall use at least 50 percent of the funding the 9 county receives under subsection 1 for contemporary services 10 provided to persons with a disability, as described in rules 11 adopted by the department. 12 3. Of the funds appropriated in this section, $23,544 13 shall be used to support the Iowa compass program providing 14 computerized information and referral services for Iowans with 15 disabilities and their families. 16 4. a. Funding appropriated for purposes of the federal 17 social services block grant is allocated for distribution 18 to counties for local purchase of services for persons with 19 mental illness or mental retardation or other developmental 20 disability. 21 b. The funds allocated in this subsection shall be expended 22 by counties in accordance with the county’s county management 23 plan approved by the board of supervisors. A county without 24 an approved county management plan shall not receive allocated 25 funds until the county’s management plan is approved. 26 c. The funds provided by this subsection shall be allocated 27 to each county as follows: 28 (1) Fifty percent based upon the county’s proportion of the 29 state’s population of persons with an annual income which is 30 equal to or less than the poverty guideline established by the 31 federal office of management and budget. 32 (2) Fifty percent based upon the amount provided to the 33 county for local purchase of services in the preceding fiscal 34 year. 35 -181- LSB 2820XC (37) 84 pf/jp 181/ 216
S.F. _____ 5. A county is eligible for funds under this section if the 1 county qualifies for a state payment as described in section 2 331.439. 3 6. The most recent population estimates issued by the United 4 States bureau of the census shall be applied for the population 5 factors utilized in this section. 6 Sec. 152. SEXUALLY VIOLENT PREDATORS. 7 1. There is appropriated from the general fund of the 8 state to the department of human services for the fiscal year 9 beginning July 1, 2012, and ending June 30, 2013, the following 10 amount, or so much thereof as is necessary, to be used for the 11 purpose designated: 12 For costs associated with the commitment and treatment of 13 sexually violent predators in the unit located at the state 14 mental health institute at Cherokee, including costs of legal 15 services and other associated costs, including salaries, 16 support, maintenance, and miscellaneous purposes, and for not 17 more than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,775,364 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 89.50 20 2. Unless specifically prohibited by law, if the amount 21 charged provides for recoupment of at least the entire amount 22 of direct and indirect costs, the department of human services 23 may contract with other states to provide care and treatment 24 of persons placed by the other states at the unit for sexually 25 violent predators at Cherokee. The moneys received under 26 such a contract shall be considered to be repayment receipts 27 and used for the purposes of the appropriation made in this 28 section. 29 Sec. 153. FIELD OPERATIONS. There is appropriated from the 30 general fund of the state to the department of human services 31 for the fiscal year beginning July 1, 2012, and ending June 30, 32 2013, the following amount, or so much thereof as is necessary, 33 to be used for the purposes designated: 34 For field operations, including salaries, support, 35 -182- LSB 2820XC (37) 84 pf/jp 182/ 216
S.F. _____ maintenance, and miscellaneous purposes, and for not more than 1 the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,394,961 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,781.00 4 Priority in filling full-time equivalent positions shall be 5 given to those positions related to child protection services 6 and eligibility determination for low-income families. 7 Sec. 154. GENERAL ADMINISTRATION. There is appropriated 8 from the general fund of the state to the department of human 9 services for the fiscal year beginning July 1, 2012, and ending 10 June 30, 2013, the following amount, or so much thereof as is 11 necessary, to be used for the purpose designated: 12 For general administration, including salaries, support, 13 maintenance, and miscellaneous purposes, and for not more than 14 the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,298,373 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 285.00 17 1. Of the funds appropriated in this section, $19,272 18 allocated for the prevention of disabilities policy council 19 established in section 225B.3. 20 2. The department shall report at least monthly to the 21 legislative services agency concerning the department’s 22 operational and program expenditures. 23 3. Of the funds appropriated in this section, $66,150 shall 24 be used to continue the contract for the provision of a program 25 to provide technical assistance, support, and consultation to 26 providers of habilitation services and home and community-based 27 waiver services for adults with disabilities under the medical 28 assistance program. 29 4. Of the funds appropriated in this section, $88,200 shall 30 be used to continue the contract to expand the provision of 31 nationally accredited and recognized internet-based training to 32 include mental health and disability services providers. 33 5. Of the funds appropriated in this section, $250,000 34 shall be used for continuation of child protection system 35 -183- LSB 2820XC (37) 84 pf/jp 183/ 216
S.F. _____ improvements addressed in 2011 Iowa Acts, House File 562, as 1 enacted. 2 6. Notwithstanding section 8.33, moneys appropriated in 3 this section that remain unencumbered or unobligated at the 4 close of the fiscal year shall not revert but shall remain 5 available for expenditure for the purposes designated until the 6 close of the succeeding fiscal year. 7 Sec. 155. VOLUNTEERS. There is appropriated from the 8 general fund of the state to the department of human services 9 for the fiscal year beginning July 1, 2012, and ending June 30, 10 2013, the following amount, or so much thereof as is necessary, 11 to be used for the purpose designated: 12 For development and coordination of volunteer services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,330 14 Sec. 156. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 15 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 16 DEPARTMENT OF HUMAN SERVICES. 17 1. a. (1) For the fiscal year beginning July 1, 2012, 18 the total state funding amount for the nursing facility budget 19 shall not exceed $223,202,551. 20 (2) The department, in cooperation with nursing facility 21 representatives, shall review projections for state funding 22 expenditures for reimbursement of nursing facilities on a 23 quarterly basis and the department shall determine if an 24 adjustment to the medical assistance reimbursement rate is 25 necessary in order to provide reimbursement within the state 26 funding amount for the fiscal year. Notwithstanding 2001 27 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 28 “c”, and subsection 3, paragraph “a”, subparagraph (2), 29 if the state funding expenditures for the nursing facility 30 budget for the fiscal year is projected to exceed the amount 31 specified in subparagraph (1), the department shall adjust 32 the reimbursement for nursing facilities reimbursed under the 33 case-mix reimbursement system to maintain expenditures of the 34 nursing facility budget within the specified amount for the 35 -184- LSB 2820XC (37) 84 pf/jp 184/ 216
S.F. _____ fiscal year. 1 (3) For the fiscal year beginning July 1, 2012, special 2 population nursing facilities shall be reimbursed in accordance 3 with the methodology in effect on June 30, 2012. 4 b. For the fiscal year beginning July 1, 2012, the 5 department shall reimburse pharmacy dispensing fees using a 6 single rate of $4.34 per prescription or the pharmacy’s usual 7 and customary fee, whichever is lower. However, the department 8 shall adjust the dispensing fee specified in this paragraph 9 to distribute an additional $2,400,000 in reimbursements for 10 pharmacy dispensing fees under this paragraph for the fiscal 11 year. 12 c. (1) For the fiscal year beginning July 1, 2012, 13 reimbursement rates for outpatient hospital services shall 14 remain at the rates in effect on June 30, 2012. 15 (2) For the fiscal year beginning July 1, 2012, 16 reimbursement rates for inpatient hospital services shall 17 remain at the rates in effect on June 30, 2012. 18 (3) For the fiscal year beginning July 1, 2012, the graduate 19 medical education and disproportionate share hospital fund 20 shall remain at the amount in effect on June 30, 2012, except 21 that the portion of the fund attributable to graduate medical 22 education shall be reduced in an amount that reflects the 23 elimination of graduate medical education payments made to 24 out-of-state hospitals. 25 (4) In order to ensure the efficient use of limited state 26 funds in procuring health care services for low-income Iowans, 27 funds appropriated in this Act for hospital services shall 28 not be used for activities which would be excluded from a 29 determination of reasonable costs under the federal Medicare 30 program pursuant to 42 U.S.C. § 1395X(v)(1)(N). 31 d. For the fiscal year beginning July 1, 2012, reimbursement 32 rates for rural health clinics, hospices, and acute mental 33 hospitals shall be increased in accordance with increases under 34 the federal Medicare program or as supported by their Medicare 35 -185- LSB 2820XC (37) 84 pf/jp 185/ 216
S.F. _____ audited costs. 1 e. For the fiscal year beginning July 1, 2012, independent 2 laboratories and rehabilitation agencies shall be reimbursed 3 using the same methodology in effect on June 30, 2012. 4 f. For the fiscal year beginning July 1, 2012, reimbursement 5 rates for home health agencies shall remain at the rates in 6 effect on June 30, 2012, not to exceed a home health agency’s 7 actual allowable cost. 8 g. For the fiscal year beginning July 1, 2012, federally 9 qualified health centers shall receive cost-based reimbursement 10 for 100 percent of the reasonable costs for the provision of 11 services to recipients of medical assistance. 12 h. For the fiscal year beginning July 1, 2012, the 13 reimbursement rates for dental services shall remain at the 14 rates in effect on June 30, 2012. 15 i. (1) For the fiscal year beginning July 1, 2012, 16 state-owned psychiatric medical institutions for children shall 17 receive cost-based reimbursement for 100 percent of the actual 18 and allowable costs for the provision of services to recipients 19 of medical assistance. 20 (2) For the nonstate-owned psychiatric medical institutions 21 for children, reimbursement rates shall be based on the 22 reimbursement methodology developed by the department to 23 include all ancillary medical services costs and any other 24 changes required for federal compliance. 25 j. For the fiscal year beginning July 1, 2012, unless 26 otherwise specified in this Act, all noninstitutional medical 27 assistance provider reimbursement rates shall remain at the 28 rates in effect on June 30, 2012, except for area education 29 agencies, local education agencies, infant and toddler services 30 providers, and those providers whose rates are required to be 31 determined pursuant to section 249A.20. 32 k. Notwithstanding any provision to the contrary, for the 33 fiscal year beginning July 1, 2012, the reimbursement rate for 34 anesthesiologists shall remain at the rate in effect on June 35 -186- LSB 2820XC (37) 84 pf/jp 186/ 216
S.F. _____ 30, 2012. 1 l. Notwithstanding section 249A.20, for the fiscal year 2 beginning July 1, 2012, the average reimbursement rate for 3 health care providers eligible for use of the federal Medicare 4 resource-based relative value scale reimbursement methodology 5 under that section shall remain at the rate in effect on June 6 30, 2012; however, this rate shall not exceed the maximum level 7 authorized by the federal government. 8 m. For the fiscal year beginning July 1, 2012, the 9 reimbursement rate for residential care facilities shall not 10 be less than the minimum payment level as established by the 11 federal government to meet the federally mandated maintenance 12 of effort requirement. The flat reimbursement rate for 13 facilities electing not to file annual cost reports shall not 14 be less than the minimum payment level as established by the 15 federal government to meet the federally mandated maintenance 16 of effort requirement. 17 n. For the fiscal year beginning July 1, 2012, inpatient 18 mental health services provided at hospitals shall remain at 19 the rates in effect on June 30, 2012, subject to Medicaid 20 program upper payment limit rules; community mental health 21 centers and providers of mental health services to county 22 residents pursuant to a waiver approved under section 225C.7, 23 subsection 3, shall be reimbursed at 100 percent of the 24 reasonable costs for the provision of services to recipients of 25 medical assistance; and psychiatrists shall be reimbursed at 26 the medical assistance program fee for service rate. 27 o. For the fiscal year beginning July 1, 2012, the 28 reimbursement rate for consumer-directed attendant care shall 29 remain at the rates in effect on June 30, 2012. 30 p. For the fiscal year beginning July 1, 2012, the 31 reimbursement rate for providers of family planning services 32 that are eligible to receive a 90 percent federal match shall 33 remain at the rates in effect on June 30, 2012. 34 q. For the fiscal year beginning July 1, 2012, the 35 -187- LSB 2820XC (37) 84 pf/jp 187/ 216
S.F. _____ department shall adjust the rates in effect on June 30, 1 2012, for providers of home and community-based services 2 waiver services to distribute an additional $1,500,000 in 3 reimbursements to such providers for the fiscal year. 4 2. For the fiscal year beginning July 1, 2012, the 5 reimbursement rate for providers reimbursed under the 6 in-home-related care program shall not be less than the minimum 7 payment level as established by the federal government to meet 8 the federally mandated maintenance of effort requirement. 9 3. Unless otherwise directed in this section, when the 10 department’s reimbursement methodology for any provider 11 reimbursed in accordance with this section includes an 12 inflation factor, this factor shall not exceed the amount 13 by which the consumer price index for all urban consumers 14 increased during the calendar year ending December 31, 2002. 15 4. For the fiscal year beginning July 1, 2012, 16 notwithstanding section 234.38, the foster family basic daily 17 maintenance rate and the maximum adoption subsidy rate for 18 children ages 0 through 5 years shall be $15.74, the rate for 19 children ages 6 through 11 years shall be $16.37, the rate for 20 children ages 12 through 15 years shall be $17.92, and the 21 rate for children and young adults ages 16 and older shall be 22 $18.16. The maximum supervised apartment living foster care 23 reimbursement rate shall be $25.00 per day. For youth ages 24 18 to 21 who have exited foster care, the maximum preparation 25 for adult living program maintenance rate shall be $574.00 per 26 month. The maximum payment for adoption subsidy nonrecurring 27 expenses shall be limited to $500 and the disallowance of 28 additional amounts for court costs and other related legal 29 expenses implemented pursuant to 2010 Iowa Acts, chapter 1031, 30 section 408 shall be continued. 31 5. For the fiscal year beginning July 1, 2012, the maximum 32 reimbursement rates under the supervised apartment living 33 program and for social services providers under contract 34 shall remain at the rates in effect on June 30, 2012, or the 35 -188- LSB 2820XC (37) 84 pf/jp 188/ 216
S.F. _____ provider’s actual and allowable cost plus inflation for each 1 service, whichever is less. However, if a new service or 2 service provider is added after June 30, 2012, the initial 3 reimbursement rate for the service or provider shall be 4 based upon actual and allowable costs. Providers may also 5 be eligible for an additional amount as specified under the 6 department’s request for proposal, bid number ACFS-11-115. 7 6. For the fiscal year beginning July 1, 2012, the 8 reimbursement rates for family-centered service providers, 9 family foster care service providers, group foster care service 10 providers, and the resource family recruitment and retention 11 contractor shall remain at the rates in effect on June 30, 12 2012. 13 7. The group foster care reimbursement rates paid for 14 placement of children out of state shall be calculated 15 according to the same rate-setting principles as those used for 16 in-state providers, unless the director of human services or 17 the director’s designee determines that appropriate care cannot 18 be provided within the state. The payment of the daily rate 19 shall be based on the number of days in the calendar month in 20 which service is provided. 21 8. a. For the fiscal year beginning July 1, 2012, the 22 reimbursement rate paid for shelter care and the child welfare 23 emergency services implemented to provide or prevent the need 24 for shelter care shall be established in a contract based on 25 the requirements of the department’s request for proposal, bid 26 number ACFS-11-114. 27 b. For the fiscal year beginning July 1, 2012, the combined 28 service and maintenance components of the reimbursement rate 29 paid for shelter care services shall be based on the financial 30 and statistical report submitted to the department. The 31 maximum reimbursement rate shall be $92.36 per day. The 32 department shall reimburse a shelter care provider at the 33 provider’s actual and allowable unit cost, plus inflation, not 34 to exceed the maximum reimbursement rate. 35 -189- LSB 2820XC (37) 84 pf/jp 189/ 216
S.F. _____ c. Notwithstanding section 232.141, subsection 8, for the 1 fiscal year beginning July 1, 2012, the amount of the statewide 2 average of the actual and allowable rates for reimbursement of 3 juvenile shelter care homes that is utilized for the limitation 4 on recovery of unpaid costs shall remain at the amount in 5 effect for this purpose in the fiscal year beginning July 1, 6 2011. 7 9. For the fiscal year beginning July 1, 2012, the 8 department shall calculate reimbursement rates for intermediate 9 care facilities for persons with mental retardation at the 10 80th percentile. Beginning July 1, 2012, the rate calculation 11 methodology shall utilize the consumer price index inflation 12 factor applicable to the fiscal year beginning July 1, 2012. 13 10. For the fiscal year beginning July 1, 2012, for child 14 care providers reimbursed under the state child care assistance 15 program, the department shall set provider reimbursement 16 rates based on the rate reimbursement survey completed in 17 December 2004. Effective July 1, 2012, the child care provider 18 reimbursement rates shall remain at the rates in effect on June 19 30, 2012. The department shall set rates in a manner so as 20 to provide incentives for a nonregistered provider to become 21 registered by applying the increase only to registered and 22 licensed providers. 23 11. The department may adopt emergency rules to implement 24 this section. 25 Sec. 157. EMERGENCY RULES. 26 1. If specifically authorized by a provision of this 27 division of this Act, the department of human services or 28 the mental health, and disability services commission may 29 adopt administrative rules under section 17A.4, subsection 30 3, and section 17A.5, subsection 2, paragraph “b”, to 31 implement the provisions and the rules shall become effective 32 immediately upon filing or on a later effective date specified 33 in the rules, unless the effective date is delayed by the 34 administrative rules review committee. Any rules adopted in 35 -190- LSB 2820XC (37) 84 pf/jp 190/ 216
S.F. _____ accordance with this section shall not take effect before 1 the rules are reviewed by the administrative rules review 2 committee. The delay authority provided to the administrative 3 rules review committee under section 17A.4, subsection 7, and 4 section 17A.8, subsection 9, shall be applicable to a delay 5 imposed under this section, notwithstanding a provision in 6 those sections making them inapplicable to section 17A.5, 7 subsection 2, paragraph “b”. Any rules adopted in accordance 8 with the provisions of this section shall also be published as 9 notice of intended action as provided in section 17A.4. 10 2. If during the fiscal year beginning July 1, 2012, the 11 department of human services is adopting rules in accordance 12 with this section or as otherwise directed or authorized by 13 state law, and the rules will result in an expenditure increase 14 beyond the amount anticipated in the budget process or if the 15 expenditure was not addressed in the budget process for the 16 fiscal year, the department shall notify the persons designated 17 by this division of this Act for submission of reports, 18 the chairpersons and ranking members of the committees on 19 appropriations, and the department of management concerning the 20 rules and the expenditure increase. The notification shall be 21 provided at least 30 calendar days prior to the date notice of 22 the rules is submitted to the administrative rules coordinator 23 and the administrative code editor. 24 Sec. 158. REPORTS. Any reports or information required to 25 be compiled and submitted under this Act shall be submitted 26 to the chairpersons and ranking members of the joint 27 appropriations subcommittee on health and human services, the 28 legislative services agency, and the legislative caucus staffs 29 on or before the dates specified for submission of the reports 30 or information. 31 Sec. 159. EFFECTIVE DATE. The following provision of this 32 division of this Act, being deemed of immediate importance, 33 take effect upon enactment: 34 The provision under the appropriation for child and family 35 -191- LSB 2820XC (37) 84 pf/jp 191/ 216
S.F. _____ services, relating to requirements of section 232.143 for 1 representatives of the department of human services and 2 juvenile court services to establish a plan for continuing 3 group foster care expenditures for fiscal year 2012-2013. 4 DIVISION XIX 5 PHARMACEUTICAL SETTLEMENT ACCOUNT, 6 IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER 7 REIMBURSEMENT FUND, HEALTH CARE TRANSFORMATION ACCOUNT, 8 MEDICAID FRAUD ACCOUNT, QUALITY ASSURANCE TRUST FUND, 9 AND HOSPITAL HEALTH CARE ACCESS TRUST FUND —— FY 2012-2013 10 Sec. 160. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 11 appropriated from the pharmaceutical settlement account created 12 in section 249A.33 to the department of human services for the 13 fiscal year beginning July 1, 2012, and ending June 30, 2013, 14 the following amount, or so much thereof as is necessary, to be 15 used for the purpose designated: 16 Notwithstanding any provision of law to the contrary, to 17 supplement the appropriations made in this Act for medical 18 contracts under the medical assistance program: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,716,807 20 Sec. 161. APPROPRIATIONS FROM IOWACARE ACCOUNT. 21 1. There is appropriated from the IowaCare account 22 created in section 249J.24 to the state board of regents for 23 distribution to the university of Iowa hospitals and clinics 24 for the fiscal year beginning July 1, 2012, and ending June 30, 25 2013, the following amount, or so much thereof as is necessary, 26 to be used for the purposes designated: 27 For salaries, support, maintenance, equipment, and 28 miscellaneous purposes, for the provision of medical and 29 surgical treatment of indigent patients, for provision of 30 services to members of the expansion population pursuant to 31 chapter 249J, and for medical education: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,284,584 33 a. Funds appropriated in this subsection shall not be used 34 to perform abortions except medically necessary abortions, and 35 -192- LSB 2820XC (37) 84 pf/jp 192/ 216
S.F. _____ shall not be used to operate the early termination of pregnancy 1 clinic except for the performance of medically necessary 2 abortions. For the purpose of this subsection, an abortion is 3 the purposeful interruption of pregnancy with the intention 4 other than to produce a live-born infant or to remove a dead 5 fetus, and a medically necessary abortion is one performed 6 under one of the following conditions: 7 (1) The attending physician certifies that continuing the 8 pregnancy would endanger the life of the pregnant woman. 9 (2) The attending physician certifies that the fetus is 10 physically deformed, mentally deficient, or afflicted with a 11 congenital illness. 12 (3) The pregnancy is the result of a rape which is reported 13 within 45 days of the incident to a law enforcement agency or 14 public or private health agency which may include a family 15 physician. 16 (4) The pregnancy is the result of incest which is reported 17 within 150 days of the incident to a law enforcement agency 18 or public or private health agency which may include a family 19 physician. 20 (5) The abortion is a spontaneous abortion, commonly known 21 as a miscarriage, wherein not all of the products of conception 22 are expelled. 23 b. Notwithstanding any provision of law to the contrary, 24 the amount appropriated in this subsection shall be distributed 25 based on claims submitted, adjudicated, and paid by the Iowa 26 Medicaid enterprise. 27 c. The university of Iowa hospitals and clinics shall 28 certify public expenditures in an amount equal to provide 29 the nonfederal share on total expenditures not to exceed 30 $20,000,000. 31 2. There is appropriated from the IowaCare account 32 created in section 249J.24 to the state board of regents for 33 distribution to the university of Iowa hospitals and clinics 34 for the fiscal year beginning July 1, 2012, and ending June 30, 35 -193- LSB 2820XC (37) 84 pf/jp 193/ 216
S.F. _____ 2013, the following amount, or so much thereof as is necessary, 1 to be used for the purposes designated: 2 For salaries, support, maintenance, equipment, and 3 miscellaneous purposes, for the provision of medical and 4 surgical treatment of indigent patients, for provision of 5 services to members of the expansion population pursuant to 6 chapter 249J, and for medical education: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,226,279 8 Notwithstanding any provision of law to the contrary, the 9 amount appropriated in this subsection shall be distributed 10 based on claims submitted, adjudicated, and paid by the Iowa 11 Medicaid enterprise. 12 3. There is appropriated from the IowaCare account 13 created in section 249J.24, to the state board of regents for 14 distribution to university of Iowa physicians for the fiscal 15 year beginning July 1, 2012, and ending June 30, 2013, the 16 following amount, or so much thereof as is necessary to be used 17 for the purposes designated: 18 For salaries, support, maintenance, equipment, and 19 miscellaneous purposes for the provision of medical and 20 surgical treatment of indigent patients, for provision of 21 services to members of the expansion population pursuant to 22 chapter 249J, and for medical education: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,277,753 24 Notwithstanding any provision of law to the contrary, the 25 amount appropriated in this subsection shall be distributed 26 based on claims submitted, adjudicated, and paid by the Iowa 27 Medicaid enterprise. Once the entire amount appropriated in 28 this subsection has been distributed, claims shall continue to 29 be submitted and adjudicated by the Iowa Medicaid enterprise; 30 however, no payment shall be made based upon such claims. 31 4. There is appropriated from the IowaCare account created 32 in section 249J.24 to the department of human services for the 33 fiscal year beginning July 1, 2012, and ending June 30, 2013, 34 the following amount, or so much thereof as is necessary, to be 35 -194- LSB 2820XC (37) 84 pf/jp 194/ 216
S.F. _____ used for the purposes designated: 1 For distribution to a publicly owned acute care teaching 2 hospital located in a county with a population over 350,000 for 3 the provision of medical and surgical treatment of indigent 4 patients, for provision of services to members of the expansion 5 population pursuant to chapter 249J, and for medical education: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000,000 7 a. Notwithstanding any provision of law to the contrary, 8 the amount appropriated in this subsection shall be distributed 9 based on claims submitted, adjudicated, and paid by the Iowa 10 Medicaid enterprise plus a monthly disproportionate share 11 hospital payment. Any amount appropriated in this subsection 12 in excess of $60,000,000 shall be distributed only if the sum 13 of the expansion population claims adjudicated and paid by the 14 Iowa Medicaid enterprise plus the estimated disproportionate 15 share hospital payments exceeds $60,000,000. The amount paid 16 in excess of $60,000,000 shall not adjust the original monthly 17 payment amount but shall be distributed monthly based on actual 18 claims adjudicated and paid by the Iowa Medicaid enterprise 19 plus the estimated disproportionate share hospital amount. Any 20 amount appropriated in this subsection in excess of $60,000,000 21 shall be allocated only if federal funds are available to match 22 the amount allocated. Pursuant to paragraph “b”, of the amount 23 appropriated in this subsection, not more than $4,000,000 shall 24 be distributed for prescription drugs and podiatry services. 25 b. Notwithstanding any provision of law to the contrary, the 26 hospital identified in this subsection, shall be reimbursed for 27 outpatient prescription drugs and podiatry services provided to 28 members of the expansion population pursuant to all applicable 29 medical assistance program rules, in an amount not to exceed 30 $4,000,000. 31 c. Notwithstanding the total amount of proceeds distributed 32 pursuant to section 249J.24, subsection 6, paragraph “a”, 33 unnumbered paragraph 1, for the fiscal year beginning July 34 1, 2012, and ending June 30, 2013, the county treasurer of a 35 -195- LSB 2820XC (37) 84 pf/jp 195/ 216
S.F. _____ county with a population of over 350,000 in which a publicly 1 owned acute care teaching hospital is located shall distribute 2 the proceeds collected pursuant to section 347.7 in a total 3 amount of $38,000,000, which would otherwise be distributed to 4 the county hospital, to the treasurer of state for deposit in 5 the IowaCare account. 6 d. (1) Notwithstanding the amount collected and 7 distributed for deposit in the IowaCare account pursuant to 8 section 249J.24, subsection 6, paragraph “a”, subparagraph 9 (1), the first $19,000,000 in proceeds collected pursuant to 10 section 347.7 between July 1, 2012, and December 31, 2012, 11 shall be distributed to the treasurer of state for deposit in 12 the IowaCare account and collections during this time period 13 in excess of $19,000,000 shall be distributed to the acute 14 care teaching hospital identified in this subsection. Of the 15 collections in excess of the $19,000,000 received by the acute 16 care teaching hospital under this subparagraph (1), $2,000,000 17 shall be distributed by the acute care teaching hospital to the 18 treasurer of state for deposit in the IowaCare account in the 19 month of January 2013, following the July 1 through December 20 31, 2012, period. 21 (2) Notwithstanding the amount collected and distributed 22 for deposit in the IowaCare account pursuant to section 23 249J.24, subsection 6, paragraph “a”, subparagraph (2), 24 the first $19,000,000 in collections pursuant to section 25 347.7 between January 1, 2013, and June 30, 2013, shall be 26 distributed to the treasurer of state for deposit in the 27 IowaCare account and collections during this time period in 28 excess of $19,000,000 shall be distributed to the acute care 29 teaching hospital identified in this subsection. Of the 30 collections in excess of the $19,000,000 received by the acute 31 care teaching hospital under this subparagraph (2), $2,000,000 32 shall be distributed by the acute care teaching hospital to the 33 treasurer of state for deposit in the IowaCare account in the 34 month of July 2013, following the January 1 through June 30, 35 -196- LSB 2820XC (37) 84 pf/jp 196/ 216
S.F. _____ 2013, period. 1 5. 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, 2012, and ending June 30, 2013, 4 the following amount, or so much thereof as is necessary to be 5 used for the purpose designated: 6 For payment to the regional provider network specified 7 by the department pursuant to section 249J.7 for provision 8 of covered services to members of the expansion population 9 pursuant to chapter 249J: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,472,176 11 Notwithstanding any provision of law to the contrary, the 12 amount appropriated in this subsection shall be distributed 13 based on claims submitted, adjudicated, and paid by the Iowa 14 Medicaid enterprise. Once the entire amount appropriated in 15 this subsection has been distributed, claims shall continue to 16 be submitted and adjudicated by the Iowa Medicaid enterprise; 17 however, no payment shall be made based upon such claims. 18 6. There is appropriated from the IowaCare account created 19 in section 249J.24 to the department of human services for the 20 fiscal year beginning July 1, 2012, and ending June 30, 2013, 21 the following amount, or so much thereof as is necessary to be 22 used for the purposes designated: 23 For a care coordination pool to pay the expansion population 24 providers consisting of the university of Iowa hospitals and 25 clinics, the publicly owned acute care teaching hospital as 26 specified in section 249J.7, and current medical assistance 27 program providers that are not expansion population network 28 providers pursuant to section 249J.7, for services covered by 29 the full benefit medical assistance program but not under the 30 IowaCare program pursuant to section 249J.6, that are provided 31 to expansion population members: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 33 a. Notwithstanding sections 249J.6 and 249J.7, the amount 34 appropriated in this subsection is intended to provide 35 -197- LSB 2820XC (37) 84 pf/jp 197/ 216
S.F. _____ payment for medically necessary services provided to expansion 1 population members for continuation of care provided by the 2 university of Iowa hospitals and clinics or the publicly owned 3 acute care teaching hospital as specified in section 249J.7. 4 Payment may only be made for services that are not otherwise 5 covered under section 249J.6, and which are follow-up services 6 to covered services provided by the hospitals specified in this 7 paragraph “a”. 8 b. The funds appropriated in this subsection are intended 9 to provide limited payment for continuity of care services for 10 an expansion population member, and are intended to cover the 11 costs of services to expansion population members, regardless 12 of the member’s county of residence or medical home assignment, 13 if the care is related to specialty or hospital services 14 provided by the hospitals specified in paragraph “a”. 15 c. The funds appropriated in this subsection are 16 not intended to provide for expanded coverage under the 17 IowaCare program, and shall not be used to cover emergency 18 transportation services. 19 d. The department shall adopt administrative rules pursuant 20 to chapter 17A to establish a prior authorization process and 21 to identify covered services for reimbursement under this 22 subsection. 23 7. There is appropriated from the IowaCare account created 24 in section 249J.24 to the department of human services for the 25 fiscal year beginning July 1, 2012, and ending June 30, 2013, 26 the following amount or so much thereof as is necessary to be 27 used for the purposes designated: 28 For a laboratory test and radiology pool for services 29 authorized by a federally qualified health center designated 30 by the department as part of the IowaCare regional provider 31 network that does not have the capability to provide these 32 services on site: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 34 Notwithstanding sections 249J.6 and 249J.7, the amount 35 -198- LSB 2820XC (37) 84 pf/jp 198/ 216
S.F. _____ appropriated in this subsection is intended to provide 1 reimbursement for services provided to expansion population 2 members that have previously been paid for through expenditure 3 by designated regional provider network providers of their 4 own funds, not to expand coverage under the IowaCare program 5 or to expand the expansion population provider network. The 6 department shall designate the laboratory and radiology 7 provider associated with each designated regional provider 8 network provider that may receive reimbursement. The 9 department shall adopt administrative rules pursuant to chapter 10 17A to establish a prior authorization process and to identify 11 covered services for reimbursement under this subsection. 12 All other medical assistance program payment policies and 13 rules for laboratory and radiology services shall apply to 14 services provided under this subsection. If the entire amount 15 appropriated under this subsection is expended, laboratory 16 tests and radiology services ordered by a designated regional 17 provider network provider shall be the financial responsibility 18 of the regional provider network provider. 19 Sec. 162. APPROPRIATIONS FROM NONPARTICIPATING 20 PROVIDER REIMBURSEMENT FUND —— DEPARTMENT OF HUMAN 21 SERVICES. Notwithstanding any provision to the contrary, and 22 subject to the availability of funds, there is appropriated 23 from the nonparticipating provider reimbursement fund created 24 in section 249J.24A to the department of human services for the 25 fiscal year beginning July 1, 2012, and ending June 30, 2013, 26 the following amount or so much thereof as is necessary for the 27 purposes designated: 28 To reimburse nonparticipating providers in accordance with 29 section 249J.24A: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 31 Sec. 163. APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE 32 TRANSFORMATION —— DEPARTMENT OF HUMAN SERVICES. 33 Notwithstanding any provision to the contrary, there is 34 appropriated from the account for health care transformation 35 -199- LSB 2820XC (37) 84 pf/jp 199/ 216
S.F. _____ created in section 249J.23 to the department of human services 1 for the fiscal year beginning July 1, 2012, and ending June 2 30, 2013, the following amounts, or so much thereof as is 3 necessary, to be used for the purposes designated: 4 1. For the provision of an IowaCare nurse helpline for the 5 expansion population as provided in section 249J.6: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 7 2. For other health promotion partnership activities 8 pursuant to section 249J.14: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 10 3. For the costs related to audits, performance 11 evaluations, and studies required pursuant to chapter 249J: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 13 4. For administrative costs associated with chapter 249J: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 566,206 15 5. For planning and development, in cooperation with the 16 department of public health, of a phased-in program to provide 17 a dental home for children in accordance with section 249J.14: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 19 6. For continuation of the establishment of the tuition 20 assistance for individuals serving individuals with 21 disabilities pilot program, as enacted in 2008 Iowa Acts, 22 chapter 1187, section 130: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 24 7. For medical contracts: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 26 8. For payment to the publicly owned acute care teaching 27 hospital located in a county with a population of over 350,000 28 that is a participating provider pursuant to chapter 249J: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,000 30 Disbursements under this subsection shall be made monthly. 31 The hospital shall submit a report following the close of the 32 fiscal year regarding use of the funds appropriated in this 33 subsection to the persons specified in this Act to receive 34 reports. 35 -200- LSB 2820XC (37) 84 pf/jp 200/ 216
S.F. _____ 9. For transfer to the department of public health to be 1 used for the costs of medical home system advisory council 2 established pursuant to section 135.159: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,679 4 Notwithstanding section 8.39, subsection 1, without the 5 prior written consent and approval of the governor and the 6 director of the department of management, the director of human 7 services may transfer funds among the appropriations made in 8 this section as necessary to carry out the purposes of the 9 account for health care transformation. The department shall 10 report any transfers made pursuant to this section to the 11 legislative services agency. 12 Sec. 164. MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF 13 INSPECTIONS AND APPEALS. There is appropriated from the 14 Medicaid fraud account created in section 249A.7 to the 15 department of inspections and appeals for the fiscal year 16 beginning July 1, 2012, and ending June 30, 2013, the following 17 amount, or so much thereof as is necessary, to be used for the 18 purposes designated: 19 For the inspection and certification of assisted living 20 programs and adult day care services, including program 21 administration and costs associated with implementation: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 669,764 23 Sec. 165. MEDICAID FRAUD ACCOUNT —— DEPARTMENT OF HUMAN 24 SERVICES. There is appropriated from the Medicaid fraud 25 account created in section 249A.7 to the department of human 26 services for the fiscal year beginning July 1, 2012, and ending 27 June 30, 2013, the following amount, or so much thereof as is 28 necessary, to be used for the purposes designated: 29 To supplement the appropriation made in this Act from the 30 general fund of the state to the department of human services 31 for medical assistance: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 33 Sec. 166. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 34 HUMAN SERVICES. Notwithstanding any provision to the contrary 35 -201- LSB 2820XC (37) 84 pf/jp 201/ 216
S.F. _____ and subject to the availability of funds, there is appropriated 1 from the quality assurance trust fund created in section 2 249L.4 to the department of human services for the fiscal year 3 beginning July 1, 2012, and ending June 30, 2013, the following 4 amounts, or so much thereof as is necessary for the purposes 5 designated: 6 To supplement the appropriation made in this Act from the 7 general fund of the state to the department of human services 8 for medical assistance: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,000,000 10 Sec. 167. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 11 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 12 the contrary and subject to the availability of funds, there is 13 appropriated from the hospital health care access trust fund 14 created in section 249M.4 to the department of human services 15 for the fiscal year beginning July 1, 2012, and ending June 16 30, 2013, the following amounts, or so much thereof as is 17 necessary, for the purposes designated: 18 1. To supplement the appropriation made in this Act from the 19 general fund of the state to the department of human services 20 for medical assistance: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,223,800 22 2. For deposit in the nonparticipating provider 23 reimbursement fund created in section 249J.24A to be used for 24 the purposes of the fund: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 776,200 26 Sec. 168. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 27 FOR FY 2012-2013. Notwithstanding section 8.33, if moneys 28 appropriated for purposes of the medical assistance program 29 for the fiscal year beginning July 1, 2012, and ending June 30 30, 2013, from the general fund of the state, the Medicaid 31 fraud account, the quality assurance trust fund, and the 32 hospital health care access trust fund, are in excess of actual 33 expenditures for the medical assistance program and remain 34 unencumbered or unobligated at the close of the fiscal year, 35 -202- LSB 2820XC (37) 84 pf/jp 202/ 216
S.F. _____ the excess moneys shall not revert but shall remain available 1 for expenditure for the purposes of the medical assistance 2 program until the close of the succeeding fiscal year. 3 DIVISION XX 4 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING FOR FISCAL YEAR 5 2012-2013 6 Sec. 169. MENTAL HEALTH, MENTAL RETARDATION, AND 7 DEVELOPMENTAL DISABILITIES SERVICES PROPERTY TAX 8 RELIEF. Notwithstanding the standing appropriation in section 9 426B.1, subsection 2, for the fiscal year beginning July 1, 10 2012, and ending June 30, 2013, the amount appropriated from 11 the general fund of the state pursuant to that provision shall 12 not exceed the following amount: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 81,199,911 14 Sec. 170. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— 15 FY 2012-2013. 16 1. There is appropriated from the general fund of the 17 state to the department of human services for the fiscal year 18 beginning July 1, 2012, and ending June 30, 2013, the following 19 amount, or so much thereof as is necessary, to be used for the 20 purpose designated: 21 For distribution to counties of the county mental health, 22 mental retardation, and developmental disabilities allowed 23 growth factor adjustment for fiscal year 2012-2013 as provided 24 in this section in lieu of the allowed growth factor provisions 25 of section 331.438, subsection 2, and section 331.439, 26 subsection 3, and chapter 426B: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68,697,893 28 2. Of the amount appropriated in this section, $12,000,000 29 shall be distributed as provided in this subsection. 30 a. To be eligible to receive a distribution under this 31 subsection, a county must meet the following requirements: 32 (1) The county is levying for the maximum amount allowed 33 for the county’s mental health, mental retardation, and 34 developmental disabilities services fund under section 331.424A 35 -203- LSB 2820XC (37) 84 pf/jp 203/ 216
S.F. _____ for taxes due and payable in the fiscal year beginning July 1, 1 2012, or the county is levying for at least 90 percent of the 2 maximum amount allowed for the county’s services fund and that 3 levy rate is more than $2 per $1,000 of the assessed value of 4 all taxable property in the county. 5 (2) In the fiscal year beginning July 1, 2010, the 6 county’s mental health, mental retardation, and developmental 7 disabilities services fund ending balance under generally 8 accepted accounting principles was equal to or less than 15 9 percent of the county’s actual gross expenditures for that 10 fiscal year. 11 b. The amount of a county’s distribution from the allocation 12 made in this subsection shall be determined based upon the 13 county’s proportion of the general population of the counties 14 eligible to receive a distribution under this subsection. The 15 most recent population estimates issued by the United States 16 bureau of the census shall be applied in determining population 17 for the purposes of this paragraph. 18 c. The distributions made pursuant to this subsection 19 are subject to the distribution provisions and withholding 20 requirements established in this section for the county mental 21 health, mental retardation, and developmental disabilities 22 allowed growth factor adjustment for the fiscal year beginning 23 July 1, 2012. 24 3. The following amount of the funding appropriated in this 25 section is the allowed growth factor adjustment for fiscal 26 year 2012-2013, and shall be credited to the allowed growth 27 funding pool created in the property tax relief fund and for 28 distribution in accordance with section 426B.5, subsection 1: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56,697,893 30 4. The following formula amounts shall be utilized only 31 to calculate preliminary distribution amounts for the allowed 32 growth factor adjustment for fiscal year 2012-2013 under this 33 section by applying the indicated formula provisions to the 34 formula amounts and producing a preliminary distribution total 35 -204- LSB 2820XC (37) 84 pf/jp 204/ 216
S.F. _____ for each county: 1 a. For calculation of a distribution amount for eligible 2 counties from the allowed growth funding pool created in the 3 property tax relief fund in accordance with the requirements in 4 section 426B.5, subsection 1: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69,773,346 6 b. For calculation of a distribution amount for counties 7 from the mental health and developmental disabilities (MH/DD) 8 community services fund in accordance with the formula provided 9 in the appropriation made for the MH/DD community services fund 10 for the fiscal year beginning July 1, 2012: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,187,556 12 5. a. After applying the applicable statutory distribution 13 formulas to the amounts indicated in subsection 4 for purposes 14 of producing preliminary distribution totals, the department 15 of human services shall apply a withholding factor to adjust 16 an eligible individual county’s preliminary distribution 17 total. In order to be eligible for a distribution under this 18 section, a county must be levying 90 percent or more of the 19 maximum amount allowed for the county’s mental health, mental 20 retardation, and developmental disabilities services fund under 21 section 331.424A for taxes due and payable in the fiscal year 22 for which the distribution is payable. 23 b. An ending balance percentage for each county shall 24 be determined by expressing the county’s ending balance on a 25 modified accrual basis under generally accepted accounting 26 principles for the fiscal year beginning July 1, 2010, in the 27 county’s mental health, mental retardation, and developmental 28 disabilities services fund created under section 331.424A, as a 29 percentage of the county’s gross expenditures from that fund 30 for that fiscal year. If a county borrowed moneys for purposes 31 of providing services from the county’s services fund on or 32 before July 1, 2010, and the county’s services fund ending 33 balance for that fiscal year includes the loan proceeds or an 34 amount designated in the county budget to service the loan for 35 -205- LSB 2820XC (37) 84 pf/jp 205/ 216
S.F. _____ the borrowed moneys, those amounts shall not be considered 1 to be part of the county’s ending balance for purposes of 2 calculating an ending balance percentage under this subsection. 3 c. For purposes of calculating withholding factors and for 4 ending balance amounts used for other purposes under law, the 5 county ending balances shall be adjusted, using forms developed 6 for this purpose by the county finance committee, to disregard 7 the temporary funding increase provided to the counties for 8 the fiscal year through the federal American Recovery and 9 Reinvestment Act of 2009, Pub. L. No. 111-5. In addition, a 10 county may adjust the ending balance amount by rebating to the 11 department all or a portion of the allowed growth and MH/DD 12 services fund moneys the county received for the fiscal year 13 beginning July 1, 2011, in accordance with this Act, or from 14 any other services fund moneys available to the county. The 15 rebate must be remitted to the department on or before June 1, 16 2012, in order to be counted. The amount rebated by a county 17 shall be subtracted dollar-for-dollar from the county’s ending 18 balance amount for the fiscal year beginning July 1, 2010, 19 for purposes of calculating the withholding factor and for 20 other ending balance purposes for the fiscal year beginning 21 July 1, 2012. The rebates received by the department shall be 22 credited to the property tax relief fund and distributed as 23 additional funding for the fiscal year beginning July 1, 2012, 24 in accordance with the formula provisions in this section. 25 d. The withholding factor for a county shall be the 26 following applicable percent: 27 (1) For an ending balance percentage of less than 5 28 percent, a withholding factor of 0 percent. In addition, 29 a county that is subject to this lettered paragraph shall 30 receive an inflation adjustment equal to 3 percent of the gross 31 expenditures reported for the county’s services fund for the 32 fiscal year. 33 (2) For an ending balance percentage of 5 percent or more 34 but less than 10 percent, a withholding factor of 0 percent. 35 -206- LSB 2820XC (37) 84 pf/jp 206/ 216
S.F. _____ In addition, a county that is subject to this lettered 1 paragraph shall receive an inflation adjustment equal to 2 2 percent of the gross expenditures reported for the county’s 3 services fund for the fiscal year. 4 (3) For an ending balance percentage of 10 percent or more 5 but less than 25 percent, a withholding factor of 25 percent. 6 However, for counties with an ending balance of 10 percent or 7 more but less than 15 percent, the amount withheld shall be 8 limited to the amount by which the county’s ending balance was 9 in excess of the ending balance percentage of 10 percent. 10 (4) For an ending balance percentage of 25 percent or more, 11 a withholding percentage of 100 percent. 12 6. The total withholding amounts applied pursuant to 13 subsection 5 shall be equal to a withholding target amount of 14 $13,075,453. If the department of human services determines 15 that the amount appropriated is insufficient or the amount to 16 be withheld in accordance with subsection 5 is not equal to 17 the target withholding amount, the department shall adjust the 18 withholding factors listed in subsection 5 as necessary to 19 achieve the target withholding amount. However, in making such 20 adjustments to the withholding factors, the department shall 21 strive to minimize changes to the withholding factors for those 22 ending balance percentage ranges that are lower than others and 23 shall only adjust the zero withholding factor or the inflation 24 adjustment percentages specified in subsection 5, paragraph 25 “d”, when the amount appropriated is insufficient. 26 DIVISION XXI 27 CONDITIONAL RETROACTIVE APPLICABILITY 28 Sec. 171. EFFECTIVE DATE AND RETROACTIVE 29 APPLICABILITY. Unless otherwise provided, this Act, if 30 approved by the governor on or after July 1, 2011, takes effect 31 upon enactment and applies retroactively to July 1, 2011. 32 EXPLANATION 33 This bill relates to and makes appropriations for health 34 and human services for fiscal years 2011-2012 and 2012-2013 to 35 -207- LSB 2820XC (37) 84 pf/jp 207/ 216
S.F. _____ the department of veterans affairs, the Iowa veterans home, 1 the department on aging, the department of public health, 2 the Iowa finance authority, the state board of regents, the 3 department of inspections and appeals, and the department of 4 human services. The bill is organized in divisions. 5 DEPARTMENT ON AGING —— FY 2011-2012. This division 6 appropriates funding from the general fund of the state for the 7 department on aging. 8 DEPARTMENT OF PUBLIC HEALTH —— FY 2011-2012. This division 9 appropriates funding from the general fund of the state for the 10 department of public health. 11 DEPARTMENT OF VETERANS AFFAIRS —— FY 2011-2012. This 12 division appropriates funding from the general fund of the 13 state for the department of veterans affairs. 14 DEPARTMENT OF HUMAN SERVICES —— FY 2011-2012. The division 15 appropriates funding from the general fund of the state and the 16 federal temporary assistance for needy families block grant 17 to the department of human services. The allocation for the 18 family development and self-sufficiency grant program is made 19 directly to the department of human rights. 20 An appropriation is made from the health care trust fund for 21 the medical assistance (Medicaid) program in addition to the 22 general fund appropriation made for this purpose. 23 The reimbursement section addresses reimbursement for 24 providers reimbursed by the department of human services. 25 PHARMACEUTICAL SETTLEMENT ACCOUNT, IOWACARE ACCOUNT, 26 NONPARTICIPATING PROVIDER REIMBURSEMENT FUND, HEALTH CARE 27 TRANSFORMATION ACCOUNT, MEDICAID FRAUD ACCOUNT, QUALITY 28 ASSURANCE TRUST FUND, AND HOSPITAL HEALTH CARE ACCESS TRUST 29 FUND —— FY 2011-2012. This division makes appropriations for 30 fiscal year 2011-2012. The appropriation to the department 31 of inspections and appeals is made from the Medicaid fraud 32 account. 33 The division makes an appropriation from the pharmaceutical 34 settlement account to the department of human services to 35 -208- LSB 2820XC (37) 84 pf/jp 208/ 216
S.F. _____ supplement the medical contracts appropriation. 1 The division makes appropriations from the IowaCare 2 account to the state board of regents for distribution to the 3 university of Iowa hospitals and clinics and to the department 4 of human services for distribution to a publicly owned acute 5 care teaching hospital in a county with a population over 6 350,000 related to the IowaCare program and indigent care. The 7 division also makes appropriations from the IowaCare account 8 to the department of human services for distribution to the 9 regional provider network, a care coordination pool, and a 10 laboratory test and radiology pool. The division makes an 11 appropriation from the nonparticipating provider reimbursement 12 fund to reimburse nonparticipating providers under the IowaCare 13 program. The division makes an appropriation to the department 14 of human services from the health care transformation account 15 for various health care reform initiatives. 16 Appropriations are made to supplement the Medicaid program 17 from the following funds: quality assurance trust fund, 18 Medicaid fraud account, and hospital health care access trust 19 fund. 20 The division provides that if the total amount appropriated 21 from all sources for the medical assistance program for fiscal 22 year 2011-2012 exceeds the amount needed, the excess remains 23 available to be used for the program in the succeeding fiscal 24 year. 25 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING FISCAL YEAR 26 2011-2012. This division allocates the appropriation made in 27 2010 Iowa Acts, chapter 1193, for distribution to counties for 28 adult mental illness, mental retardation, and developmental 29 disabilities services allowed growth for fiscal year 2011-2012. 30 The standing appropriation from the general fund of the 31 state of $88.4 million for purposes of the property tax relief 32 fund in Code section 426B.1 is reduced to approximately $81.2 33 million for FY 2011-2012. 34 PRIOR APPROPRIATIONS AND RELATED PROVISIONS —— FY 2011-2012. 35 -209- LSB 2820XC (37) 84 pf/jp 209/ 216
S.F. _____ This division addresses previous appropriations and related 1 provisions. 2 New Code section 16.185 creates the community housing and 3 services for persons with disabilities revolving loan program 4 fund under the Iowa finance authority. 5 Code section 35A.8A, relating to Vietnam conflict veterans 6 bonus compensation, is amended to change the application 7 deadline from July 1, 2010, to May 1, 2011. This change is 8 retroactive to July 1, 2010. 9 An appropriation originally enacted in 2008 Iowa Acts, 10 chapter 1187, section 68, for the Vietnam conflict veterans 11 bonus fund, is amended to provide that upon repeal of the 12 bonus fund on June 30, 2011, the balance is transferred to the 13 veterans trust fund to be expended at a later date for a bonus 14 enacted for veterans of more recent conflicts. 15 An existing nonreversion clause for purposes of the 16 appropriation made for the injured veterans grant program in 17 2008 Iowa Acts, chapter 1187, section 69, is extended through 18 FY 2011-2012. 19 A provision in 2009 Iowa Acts, chapter 182, section 9, 20 requiring the department of human services to maintain a 21 behavioral health account, is amended so that unused funds do 22 not revert but are retained to be used for crisis stabilization 23 and other mental and behavioral health service improvements. 24 Unused funds remaining from the allocation made in 2009 25 Iowa Acts, chapter 182, section 14, for the child welfare 26 decategorization projects are transferred to the community 27 housing and services for persons with disabilities revolving 28 loan program created in the Act. 29 The requirements for an allocation made in 2009 Iowa Acts, 30 chapter 183, section 62, for infant and toddler care quality, 31 are revised. 32 Requirements in 2010 Iowa Acts, chapter 1192, sections 1 and 33 37, for quarterly review of reimbursement provisions for case 34 management services under the Medicaid program elderly waiver, 35 -210- LSB 2820XC (37) 84 pf/jp 210/ 216
S.F. _____ are deleted. 1 Funds remaining from the appropriation made in 2010 Iowa 2 Acts, chapter 1192, section 3, for the Iowa veterans home are 3 subject to a nonreversion clause under Code section 35D.18. 4 The bill provides for the first $500,000 to be used for the 5 Iowa veterans home in the succeeding fiscal year and the 6 remainder to be transferred to the department of human services 7 to be used for the Medicaid program. 8 The appropriation made for the Medicaid program in 2010 9 Iowa Acts, chapter 1192, section 11, is amended to allow the 10 department of human services to increase the amounts allocated 11 for staffing as necessary to implement cost containment efforts 12 to accomplish Medicaid program savings. 13 Moneys from the general fund of the state are appropriated 14 for FY 2010-2011 to be credited to the injured veterans trust 15 fund to be used for the injured veterans grant program. The 16 moneys appropriated from the general fund do not revert. 17 A nonreversion clause is provided for the appropriation made 18 for the state supplementary assistance program in 2010 Iowa 19 Acts, chapter 1192, section 14. 20 Funds appropriated for the child welfare training academy 21 in 2010 Iowa Acts, chapter 1192, section 19 that remain at the 22 close of the fiscal year do not revert but remain available for 23 the purpose designated until the close of the succeeding fiscal 24 year. 25 Sixty thousand dollars of the appropriation made for 26 adoption subsidy for FY 2010-2011 is transferred to the state 27 mental health institute at Cherokee to be used for children’s 28 beds, and the moneys transferred do not revert. 29 Appropriations made to the department of human services for 30 field operations and general administration in 2010 Iowa Acts, 31 chapter 1192, sections 29 and 30, that remain at the close of 32 the fiscal year do not revert but remain available for the 33 purposes designated until the close of the succeeding fiscal 34 year. 35 -211- LSB 2820XC (37) 84 pf/jp 211/ 216
S.F. _____ The appropriation made from the quality assurance fund in 1 2010 Iowa Acts, chapter 1192, section 44, for the Medicaid 2 program, is increased. 3 An appropriation made from the merchant marine bonus fund 4 to the department of cultural affairs for FY 2010-2011 is 5 transferred to the department of veterans affairs on the 6 effective date of the provision. Transferred moneys remaining 7 at the close of the fiscal year are required to be credited to 8 the veterans trust fund. 9 A portion of appropriations made to the department of human 10 services for FY 2010-2011 for the state resource center at 11 Glenwood is transferred to the Iowa juvenile home appropriation 12 and for the state resource center at Woodward is transferred 13 to the state mental health institute at Independence. This 14 provision is retroactively applicable to January 1, 2012. 15 For the period of June 1, 2010, and ending June 30, 2011, 16 a child welfare funding decategorization project that is 17 incorporated and owns real property may utilize project funding 18 to purchase liability insurance. This provision applies 19 retroactively to June 1, 2010. 20 If an accountable health care organization is certified 21 by the U.S. government, the department of human services may 22 provide certain Medicaid data to the organization for purposes 23 of a pilot project to identify cost savings strategies. 24 The division takes effect upon enactment and if approved by 25 the governor on or after July 1, 2011, applies retroactively 26 to June 30, 2011. 27 PREVENTION AND CHRONIC CARE MANAGEMENT. This division 28 repeals the state initiative for prevention and chronic care 29 management in Code section 135.161, directs that the initiative 30 be incorporated into the duties of the medical home system 31 advisory council, and makes conforming amendments. 32 MISCELLANEOUS —— FY 2011-2012. This division provides 33 miscellaneous statutory provisions. 34 Code section 29C.20B, relating to disaster case management, 35 -212- LSB 2820XC (37) 84 pf/jp 212/ 216
S.F. _____ is amended to transfer administrative responsibility from the 1 department of human services to the homeland security and 2 emergency management division. 3 Code section 135.106, establishing the healthy opportunities 4 for parents to experience success (HOPES) healthy families 5 Iowa (HFI) program, is amended to provide legislative intent 6 that the priority for home visitation funding be given to 7 approaches using evidence-based or promising models for home 8 visitation. 9 Code section 135H.6, relating to psychiatric medical 10 institutions for children, is amended to provide that beds for 11 children who do not reside in this state and whose service 12 costs are not paid by public funds are not subject to the 13 limitations on the number of beds and certificate of need 14 requirements otherwise applicable. 15 Code section 147.136, relating to the scope of recovery 16 in legal actions for personal injury against a health care 17 provider, is amended to provide that recovery of economic 18 losses replaced by the Medicaid program is not barred. 19 Code section 153.14 is amended to exclude from the 20 definition of the practice of dentistry, students of dentistry 21 who practice dentistry upon patients at clinics at an 22 accredited dental college, rather than only at the state dental 23 college. 24 Code section 154A.24, subsection 3, relating to hearing 25 aid dispensers, is amended to eliminate certain failures in 26 advertising from the grounds for suspension or revocation of 27 a license. 28 Code section 155A.43 is enacted to provide an annual 29 allocation of fees collected by the board of pharmacy to 30 administer the pharmaceutical collection and disposal program. 31 Code section 225B.8, relating to the sunset repeal date for 32 the prevention of disabilities planning council, is amended to 33 change the date from July 1, 2011, to July 1, 2012. 34 The nonreversion clause in Code section 232.188 applicable 35 -213- LSB 2820XC (37) 84 pf/jp 213/ 216
S.F. _____ to carryover funding under the decategorization of child 1 welfare funding initiative, is extended for an additional 2 fiscal year. 3 Code section 235B.19, relating to emergency orders for 4 protective services for dependent adults is amended to require 5 the department of human services to serve a copy of the 6 petition and any order authorizing protective services, on the 7 dependent adult and on certain other adults in the priority 8 order specified, and prohibits certain activities without prior 9 court approval relating to disposal of personal property and 10 withdrawing of funds from financial institutions. 11 Code section 237A.1, relating to the definition of “child 12 care”, is amended to provide an exemption from the definition 13 when a program is offered to a child in a fitness center or 14 on the premises of a nonprofit organization even though the 15 parent, guardian, or custodian of the child is employed to 16 teach or lead an activity provided in that location. 17 Code section 249A.4B is amended to update the name of the 18 Iowa primary care association. 19 Code section 135.27A, the governor’s council on physical 20 fitness and nutrition, is repealed December 31, 2011. 21 MEDICAID PRESCRIPTION DRUGS. This division relates to 22 coverage of prescription drugs under the Medicaid program which 23 are prescribed for mental illness. 24 The division takes effect upon enactment and applies 25 retroactively to January 1, 2011. 26 IOWA FALSE CLAIMS ACT. This division includes various 27 amendments to the false claims Act in Code chapter 685. 28 VOLUNTEER HEALTH CARE PROVIDER PROGRAM. This division 29 amends Code section 135.24, relating to the volunteer health 30 care provider program and immunity from civil liability under 31 the program for hospitals. 32 HEALTH CARE COST CONTAINMENT. This division provides for 33 the development by the department of human services of cost 34 containment measures, including an all-payer claims database 35 -214- LSB 2820XC (37) 84 pf/jp 214/ 216
S.F. _____ and a provider payment system plan pilot. 1 HEALTH INFORMATION TECHNOLOGY. This division establishes 2 Iowa e-health, to develop, administer, and sustain the health 3 information network to improve the quality, safety, and 4 efficiency of health care available to Iowans and to manage and 5 operate the health information network. The division includes 6 provisions relating to guiding principles, goals, and the five 7 domains of governance, business and technical operations, 8 finance, technical infrastructure, and legal and policy. 9 DEPARTMENT ON AGING —— FY 2012-2013. This division 10 appropriates funding from the general fund of the state for the 11 department on aging. 12 DEPARTMENT OF PUBLIC HEALTH —— FY 2012-2013. This division 13 appropriates funding from the general fund of the state for the 14 department of public health. 15 DEPARTMENT OF VETERANS AFFAIRS —— FY 2012-2013. This 16 division appropriates funding from the general fund of the 17 state for the department of veterans affairs. 18 DEPARTMENT OF HUMAN SERVICES —— FY 2012-2013. This division 19 appropriates funding from the general fund of the state and the 20 federal temporary assistance for needy families block grant for 21 the department of human services. 22 PHARMACEUTICAL SETTLEMENT ACCOUNT, IOWACARE ACCOUNT, 23 NONPARTICIPATING PROVIDER REIMBURSEMENT FUND, HEALTH CARE 24 TRANSFORMATION ACCOUNT, MEDICAID FRAUD ACCOUNT, QUALITY 25 ASSURANCE TRUST FUND, AND HOSPITAL HEALTH CARE ACCESS TRUST 26 FUND —— FY 2012-2013. This division appropriates funding from 27 various funds and accounts for purposes of health and human 28 services. 29 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING FISCAL YEAR 30 2012-2013. This division appropriates and distributes funding 31 to counties for adult mental health, mental retardation, and 32 developmental disabilities allowed growth for FY 2012-2013. 33 EFFECTIVE DATE AND CONDITIONAL RETROACTIVE APPLICABILITY. 34 This division specifies that unless otherwise provided, if 35 -215- LSB 2820XC (37) 84 pf/jp 215/ 216
S.F. _____ the bill is approved on or after July 1, 2011, the bill takes 1 effect upon enactment and is retroactively applicable to July 2 1, 2011. 3 -216- LSB 2820XC (37) 84 pf/jp 216/ 216