Senate Study Bill 3191 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S BUDGET BILL) A BILL FOR An Act relating to appropriations for health and human services 1 and including other related provisions and appropriations, 2 and including effective, retroactive, and applicability date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5107XG (62) 84 pf/jp
S.F. _____ H.F. _____ DIVISION I 1 DEPARTMENT ON AGING —— FY 2012-2013 2 Section 1. 2011 Iowa Acts, chapter 129, section 113, is 3 amended to read as follows: 4 SEC. 113. DEPARTMENT ON AGING. There is appropriated from 5 the general fund of the state to the department on aging for 6 the fiscal year beginning July 1, 2012, and ending June 30, 7 2013, the following amount, or so much thereof as is necessary, 8 to be used for the purposes designated: 9 For aging programs for the department on aging and area 10 agencies on aging to provide citizens of Iowa who are 60 years 11 of age and older with case management for frail elders, Iowa’s 12 aging and disabilities resource center, and other services 13 which may include but are not limited to adult day services, 14 respite care, chore services, information and assistance, 15 and material aid, for information and options counseling for 16 persons with disabilities who are 18 years of age or older, 17 and for salaries, support, administration, maintenance, and 18 miscellaneous purposes, and for not more than the following 19 full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,151,288 21 10,302,577 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 $450,000 for delivery of 34 long-term care services to seniors with low or moderate 35 -1- LSB 5107XG (62) 84 pf/jp 1/ 101
S.F. _____ H.F. _____ incomes. 1 3. Of the funds appropriated in this section, $89,973 2 $179,946 shall be transferred to the department of economic 3 development for the Iowa commission on volunteer services to be 4 used for the retired and senior volunteer program. 5 4. a. The department on aging shall establish and enforce 6 procedures relating to expenditure of state and federal funds 7 by area agencies on aging that require compliance with both 8 state and federal laws, rules, and regulations, including but 9 not limited to all of the following: 10 (1) Requiring that expenditures are incurred only for goods 11 or services received or performed prior to the end of the 12 fiscal period designated for use of the funds. 13 (2) Prohibiting prepayment for goods or services not 14 received or performed prior to the end of the fiscal period 15 designated for use of the funds. 16 (3) Prohibiting the prepayment for goods or services 17 not defined specifically by good or service, time period, or 18 recipient. 19 (4) Prohibiting the establishment of accounts from which 20 future goods or services which are not defined specifically by 21 good or service, time period, or recipient, may be purchased. 22 b. The procedures shall provide that if any funds are 23 expended in a manner that is not in compliance with the 24 procedures and applicable federal and state laws, rules, and 25 regulations, and are subsequently subject to repayment, the 26 area agency on aging expending such funds in contravention of 27 such procedures, laws, rules and regulations, not the state, 28 shall be liable for such repayment. 29 DIVISION II 30 DEPARTMENT OF PUBLIC HEALTH —— FY 2012-2013 31 Sec. 2. 2011 Iowa Acts, chapter 129, section 114, 32 subsections 1 through 3, are amended to read as follows: 33 1. ADDICTIVE DISORDERS 34 For reducing the prevalence of use of tobacco, alcohol, and 35 -2- LSB 5107XG (62) 84 pf/jp 2/ 101
S.F. _____ H.F. _____ other drugs, and treating individuals affected by addictive 1 behaviors, including gambling, and for not more than the 2 following full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,751,595 4 23,503,190 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 6 a. (1) Of the funds appropriated in this subsection, 7 $1,626,915 $3,253,830 shall be used for the tobacco use 8 prevention and control initiative, including efforts at the 9 state and local levels, as provided in chapter 142A. The 10 commission on tobacco use prevention and control established 11 pursuant to section 142A.3 shall advise the director of 12 public health in prioritizing funding needs and the allocation 13 of moneys appropriated for the programs and activities of 14 the initiative under this subparagraph (1) and shall make 15 recommendations to the director in the development of budget 16 requests relating to the initiative. 17 (2) Of the funds allocated in this paragraph “a”, $226,915 18 $453,830 shall be transferred to the alcoholic beverages 19 division of the department of commerce for enforcement of 20 tobacco laws, regulations, and ordinances in accordance with 21 2011 Iowa Acts, House File 467, as enacted chapter 63 . 22 b. Of the funds appropriated in this subsection, 23 $10,124,680 $20,249,360 shall be used for problem gambling and 24 substance abuse prevention, treatment, and recovery services, 25 including a 24-hour helpline, public information resources, 26 professional training, and program evaluation. 27 (1) Of the funds allocated in this paragraph “b”, $8,566,254 28 $17,132,508 shall be used for substance abuse prevention and 29 treatment. 30 (a) Of the funds allocated in this subparagraph (1), 31 $449,650 $899,300 shall be used for the public purpose of a 32 grant program to provide substance abuse prevention programming 33 for children. 34 (i) Of the funds allocated in this subparagraph division 35 -3- LSB 5107XG (62) 84 pf/jp 3/ 101
S.F. _____ H.F. _____ (a), $213,769 427,539 shall be used for grant funding for 1 organizations that provide programming for children by 2 utilizing mentors. Programs approved for such grants shall be 3 certified or will be certified within six months of receiving 4 the grant award by the Iowa commission on volunteer services as 5 utilizing the standards for effective practice for mentoring 6 programs. 7 (ii) Of the funds allocated in this subparagraph division 8 (a), $213,419 $426,839 shall be used for grant funding for 9 organizations that provide programming that includes youth 10 development and leadership. The programs shall also be 11 recognized as being programs that are scientifically based with 12 evidence of their effectiveness in reducing substance abuse in 13 children. 14 (iii) The department of public health shall utilize a 15 request for proposals process to implement the grant program. 16 (iv) All grant recipients shall participate in a program 17 evaluation as a requirement for receiving grant funds. 18 (v) Of the funds allocated in this subparagraph division 19 (a), up to $22,461 $44,922 may be used to administer substance 20 abuse prevention grants and for program evaluations. 21 (b) Of the funds allocated in this subparagraph (1), 22 $136,531 $273,062 shall be used for culturally competent 23 substance abuse treatment pilot projects. 24 (i) The department shall utilize the amount allocated 25 in this subparagraph division (b) for at least three pilot 26 projects to provide culturally competent substance abuse 27 treatment in various areas of the state. Each pilot project 28 shall target a particular ethnic minority population. The 29 populations targeted shall include but are not limited to 30 African American, Asian, and Latino. 31 (ii) The pilot project requirements shall provide for 32 documentation or other means to ensure access to the cultural 33 competence approach used by a pilot project so that such 34 approach can be replicated and improved upon in successor 35 -4- LSB 5107XG (62) 84 pf/jp 4/ 101
S.F. _____ H.F. _____ programs. 1 (2) Of the funds allocated in this paragraph “b”, up 2 to $1,558,426 $3,116,852 may be used for problem gambling 3 prevention, treatment, and recovery services. 4 (a) Of the funds allocated in this subparagraph (2), 5 $1,289,500 $2,579,000 shall be used for problem gambling 6 prevention and treatment. 7 (b) Of the funds allocated in this subparagraph (2), up to 8 $218,926 $437,852 may be used for a 24-hour helpline, public 9 information resources, professional training, and program 10 evaluation. 11 (c) Of the funds allocated in this subparagraph (2), up 12 to $50,000 $100,000 may be used for the licensing of problem 13 gambling treatment programs. 14 (3) It is the intent of the general assembly that from the 15 moneys allocated in this paragraph “b”, persons with a dual 16 diagnosis of substance abuse and gambling addictions shall be 17 given priority in treatment services. 18 c. Notwithstanding any provision of law to the contrary, 19 to standardize the availability, delivery, cost of delivery, 20 and accountability of problem gambling and substance abuse 21 treatment services statewide, the department shall continue 22 implementation of a process to create a system for delivery 23 of treatment services in accordance with the requirements 24 specified in 2008 Iowa Acts, chapter 1187, section 3, 25 subsection 4. To ensure the system provides a continuum of 26 treatment services that best meets the needs of Iowans, the 27 problem gambling and substance abuse treatment services in any 28 area may be provided either by a single agency or by separate 29 agencies submitting a joint proposal. 30 (1) The system for delivery of substance abuse and problem 31 gambling treatment shall include problem gambling prevention. 32 (2) The system for delivery of substance abuse and problem 33 gambling treatment shall include substance abuse prevention by 34 July 1, 2014. 35 -5- LSB 5107XG (62) 84 pf/jp 5/ 101
S.F. _____ H.F. _____ (3) Of the funds allocated in paragraph “b”, the department 1 may use up to $50,000 $100,000 for administrative costs to 2 continue developing and implementing the process in accordance 3 with this paragraph “c”. 4 d. The requirement of section 123.53, subsection 5, is met 5 by the appropriations and allocations made in this Act for 6 purposes of substance abuse treatment and addictive disorders 7 for the fiscal year beginning July 1, 2012. 8 e. The department of public health shall work with all other 9 departments that fund substance abuse prevention and treatment 10 services and all such departments shall, to the extent 11 necessary, collectively meet the state maintenance of effort 12 requirements for expenditures for substance abuse services 13 as required under the federal substance abuse prevention and 14 treatment block grant. 15 f. The department shall amend or otherwise revise 16 departmental policies and contract provisions in order to 17 eliminate free t-shirt distribution, banner production, and 18 other unnecessary promotional expenditures. 19 2. HEALTHY CHILDREN AND FAMILIES 20 For promoting the optimum health status for children, 21 adolescents from birth through 21 years of age, and families, 22 and for not more than the following full-time equivalent 23 positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,135 25 2,594,270 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 27 a. Of the funds appropriated in this subsection, not 28 more than $369,659 $739,318 shall be used for the healthy 29 opportunities to experience success (HOPES)-healthy families 30 Iowa (HFI) program established pursuant to section 135.106. 31 The funding shall be distributed to renew the grants that were 32 provided to the grantees that operated the program during the 33 fiscal year ending June 30, 2012. 34 b. Of the funds appropriated in this subsection, $164,942 35 -6- LSB 5107XG (62) 84 pf/jp 6/ 101
S.F. _____ H.F. _____ $329,885 shall be used to continue to address the healthy 1 mental development of children from birth through five years 2 of age through local evidence-based strategies that engage 3 both the public and private sectors in promoting healthy 4 development, prevention, and treatment for children. 5 c. Of the funds appropriated in this subsection, $15,798 6 $31,597 shall be distributed to a statewide dental carrier to 7 provide funds to continue the donated dental services program 8 patterned after the projects developed by the lifeline network 9 to provide dental services to indigent elderly and disabled 10 individuals. 11 d. Of the funds appropriated in this subsection, $56,338 12 $112,677 shall be used for childhood obesity prevention. 13 e. Of the funds appropriated in this subsection, $81,880 14 $163,760 shall be used to provide audiological services and 15 hearing aids for children. The department may enter into a 16 contract to administer this paragraph. 17 3. CHRONIC CONDITIONS 18 For serving individuals identified as having chronic 19 conditions or special health care needs, and for not more than 20 the following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,680,828 22 3,361,656 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 24 a. Of the funds appropriated in this subsection, $80,291 25 $160,582 shall be used for grants to individual patients 26 who have phenylketonuria (PKU) to assist with the costs of 27 necessary special foods. 28 b. Of the funds appropriated in this subsection, $241,800 29 $483,600 is allocated for continuation of the contracts for 30 resource facilitator services in accordance with section 31 135.22B, subsection 9, and for brain injury training services 32 and recruiting of service providers to increase the capacity 33 within this state to address the needs of individuals with 34 brain injuries and such individuals’ families. 35 -7- LSB 5107XG (62) 84 pf/jp 7/ 101
S.F. _____ H.F. _____ c. Of the funds appropriated in this subsection, $249,437 1 $498,874 shall be used as additional funding to leverage 2 federal funding through the federal Ryan White Care Act, Tit. 3 II, AIDS drug assistance program supplemental drug treatment 4 grants. 5 d. Of the funds appropriated in this subsection, $15,627 6 $31,254 shall be used for the public purpose of providing 7 a grant to an existing national-affiliated organization to 8 provide education, client-centered programs, and client and 9 family support for people living with epilepsy and their 10 families. 11 e. Of the funds appropriated in this subsection, $394,151 12 $788,303 shall be used for child health specialty clinics. 13 f. Of the funds appropriated in this subsection, $248,533 14 $497,065 shall be used for the comprehensive cancer control 15 program to reduce the burden of cancer in Iowa through 16 prevention, early detection, effective treatment, and ensuring 17 quality of life. Of the funds allocated in this lettered 18 paragraph, $75,000 $150,000 shall be used to support a melanoma 19 research symposium, a melanoma biorepository and registry, 20 basic and translational melanoma research, and clinical trials. 21 g. Of the funds appropriated in this subsection, $63,225 22 $126,450 shall be used for cervical and colon cancer screening. 23 h. Of the funds appropriated in this subsection, $264,417 24 $528,834 shall be used for the center for congenital and 25 inherited disorders. 26 i. Of the funds appropriated in this subsection, $64,968 27 $129,937 shall be used for the prescription drug donation 28 repository program created in chapter 135M. 29 COMMUNITY CAPACITY APPROPRIATION 30 Sec. 3. 2011 Iowa Acts, chapter 129, section 114, subsection 31 4, unnumbered paragraph 1, is amended to read as follows: 32 For strengthening the health care delivery system at the 33 local level, and for not more than the following full-time 34 equivalent positions: 35 -8- LSB 5107XG (62) 84 pf/jp 8/ 101
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,117,583 1 4,235,166 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 3 COMMUNITY CAPACITY ALLOCATIONS 4 Sec. 4. 2011 Iowa Acts, chapter 129, section 114, subsection 5 4, paragraphs a through g, are amended to read as follows: 6 a. Of the funds appropriated in this subsection, $50,000 7 $100,000 is allocated for a child vision screening program 8 implemented through the university of Iowa hospitals and 9 clinics in collaboration with early childhood Iowa areas. 10 b. Of the funds appropriated in this subsection, $55,654 11 $111,308 is allocated for continuation of an initiative 12 implemented at the university of Iowa and $50,246 $100,493 13 is allocated for continuation of an initiative at the state 14 mental health institute at Cherokee to expand and improve the 15 workforce engaged in mental health treatment and services. 16 The initiatives shall receive input from the university of 17 Iowa, the department of human services, the department of 18 public health, and the mental health and disability services 19 commission to address the focus of the initiatives. 20 c. Of the funds appropriated in this subsection, $585,745 21 $1,171,491 shall be used for essential public health services 22 that promote healthy aging throughout the lifespan, contracted 23 through a formula for local boards of health, to enhance health 24 promotion and disease prevention services. 25 d. Of the funds appropriated in this section, $60,908 26 $121,817 shall be deposited in the governmental public health 27 system fund created in section 135A.8 to be used for the 28 purposes of the fund. 29 e. Of the funds appropriated in this subsection, $72,271 30 $144,542 shall be used for the mental health professional 31 shortage area program implemented pursuant to section 135.80. 32 f. Of the funds appropriated in this subsection, $19,131 33 $38,263 shall be used for a grant to a statewide association 34 of psychologists that is affiliated with the American 35 -9- LSB 5107XG (62) 84 pf/jp 9/ 101
S.F. _____ H.F. _____ psychological association to be used for continuation of a 1 program to rotate intern psychologists in placements in urban 2 and rural mental health professional shortage areas, as defined 3 in section 135.80 135.180 . 4 g. Of the funds appropriated in this subsection, the 5 following amounts shall be allocated to the Iowa collaborative 6 safety net provider network established pursuant to section 7 135.153 to be used for the purposes designated. The following 8 amounts allocated under this lettered paragraph shall be 9 distributed to the specified provider and shall not be reduced 10 for administrative or other costs prior to distribution: 11 (1) For distribution to the Iowa primary care association 12 for statewide coordination of the Iowa collaborative safety net 13 provider network: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,290 15 132,580 16 (2) For distribution to the local boards of health that 17 provide direct services for pilot programs in three counties to 18 assist patients in determining an appropriate medical home: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,804 20 77,609 21 (3) For distribution to maternal and child health centers 22 for pilot programs in three counties to assist patients in 23 determining an appropriate medical home: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,804 25 77,609 26 (4) For distribution to free clinics for necessary 27 infrastructure, statewide coordination, provider recruitment, 28 service delivery, and provision of assistance to patients in 29 determining an appropriate medical home: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,025 31 124,050 32 (5) For distribution to rural health clinics for necessary 33 infrastructure, statewide coordination, provider recruitment, 34 service delivery, and provision of assistance to patients in 35 -10- LSB 5107XG (62) 84 pf/jp 10/ 101
S.F. _____ H.F. _____ determining an appropriate medical home: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,215 2 110,430 3 (6) For continuation of the safety net provider patient 4 access to specialty health care initiative as described in 2007 5 Iowa Acts, chapter 218, section 109: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 130,000 7 260,000 8 (7) For continuation of the pharmaceutical infrastructure 9 for safety net providers as described in 2007 Iowa Acts, 10 chapter 218, section 108: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 135,000 12 270,000 13 The Iowa collaborative safety net provider network may 14 continue to distribute funds allocated pursuant to this 15 lettered paragraph through existing contracts or renewal of 16 existing contracts. 17 COMMUNITY CAPACITY ALLOCATIONS 18 Sec. 5. 2011 Iowa Acts, chapter 129, section 114, subsection 19 4, paragraph h, subparagraph (1), is amended to read as 20 follows: 21 (1) Of the funds appropriated in this subsection, $74,500 22 $149,000 shall be used for continued implementation of 23 the recommendations of the direct care worker task force 24 established pursuant to 2005 Iowa Acts, chapter 88, based upon 25 the report submitted to the governor and the general assembly 26 in December 2006. The department may use a portion of the 27 funds allocated in this lettered paragraph for an additional 28 position to assist in the continued implementation. 29 COMMUNITY CAPACITY ALLOCATIONS 30 Sec. 6. 2011 Iowa Acts, chapter 129, section 114, subsection 31 4, paragraphs i through k, are amended to read as follows: 32 i. (1) Of the funds appropriated in this subsection, 33 $65,050 $130,100 shall be used for allocation to an independent 34 statewide direct care worker association under a contract with 35 -11- LSB 5107XG (62) 84 pf/jp 11/ 101
S.F. _____ H.F. _____ terms determined by the director of public health relating 1 to education, outreach, leadership development, mentoring, 2 and other initiatives intended to enhance the recruitment and 3 retention of direct care workers in health care and long-term 4 care settings. 5 (2) Of the funds appropriated in this subsection, $29,000 6 $58,000 shall be used to provide scholarships or other forms of 7 subsidization for direct care worker educational conferences, 8 training, or outreach activities. 9 j. Of the funds appropriated in this subsection, the 10 department may use up to $29,259 $58,518 for up to one 11 full-time equivalent position to administer the volunteer 12 health care provider program pursuant to section 135.24. 13 k. Of the funds appropriated in this subsection, $25,000 14 $50,000 shall be used for a matching dental education loan 15 repayment program to be allocated to a dental nonprofit health 16 service corporation to develop the criteria and implement the 17 loan repayment program. 18 Sec. 7. 2011 Iowa Acts, chapter 129, section 114, 19 subsections 5 through 9, are amended to read as follows: 20 5. HEALTHY AGING 21 To provide public health services that reduce risks and 22 invest in promoting and protecting good health over the 23 course of a lifetime with a priority given to older Iowans and 24 vulnerable populations: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,648,571 26 7,297,142 27 a. Of the funds appropriated in this subsection, $1,004,593 28 $2,009,187 shall be used for local public health nursing 29 services. 30 b. Of the funds appropriated in this subsection, $2,643,977 31 $5,287,955 shall be used for home care aide services. 32 6. ENVIRONMENTAL HAZARDS 33 For reducing the public’s exposure to hazards in the 34 environment, primarily chemical hazards, and for not more than 35 -12- LSB 5107XG (62) 84 pf/jp 12/ 101
S.F. _____ H.F. _____ the following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 406,888 2 813,777 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 4 Of the funds appropriated in this subsection, $272,188 5 $544,377 shall be used for childhood lead poisoning provisions. 6 7. INFECTIOUS DISEASES 7 For reducing the incidence and prevalence of communicable 8 diseases, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 672,923 11 1,345,847 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 13 8. PUBLIC PROTECTION 14 For protecting the health and safety of the public through 15 establishing standards and enforcing regulations, and for not 16 more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,388,116 18 2,776,232 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 125.00 20 127.00 21 a. Of the funds appropriated in this subsection, not more 22 than $235,845 $471,690 shall be credited to the emergency 23 medical services fund created in section 135.25. Moneys in 24 the emergency medical services fund are appropriated to the 25 department to be used for the purposes of the fund. 26 b. Of the funds appropriated in this subsection, $105,309 27 $210,619 shall be used for sexual violence prevention 28 programming through a statewide organization representing 29 programs serving victims of sexual violence through the 30 department’s sexual violence prevention program. The amount 31 allocated in this lettered paragraph shall not be used to 32 supplant funding administered for other sexual violence 33 prevention or victims assistance programs. 34 c. Of the funds appropriated in this subsection, not more 35 -13- LSB 5107XG (62) 84 pf/jp 13/ 101
S.F. _____ H.F. _____ than $218,291 $436,582 shall be used for the state poison 1 control center. 2 9. RESOURCE MANAGEMENT 3 For establishing and sustaining the overall ability of the 4 department to deliver services to the public, and for not more 5 than the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 409,777 7 819,554 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 9 The university of Iowa hospitals and clinics under the 10 control of the state board of regents shall not receive 11 indirect costs from the funds appropriated in this section. 12 The university of Iowa hospitals and clinics billings to the 13 department shall be on at least a quarterly basis. 14 VISION SCREENING 15 Sec. 8. 2011 Iowa Acts, chapter 129, section 114, is amended 16 by adding the following new subsection: 17 NEW SUBSECTION . 10. VISION SCREENING. For continuation of 18 a grant to a nationally affiliated volunteer eye organization 19 that has an established program for children and adults and 20 that is solely dedicated to preserving sight and preventing 21 blindness through education, nationally certified vision 22 screening and training, and community and patient service 23 programs: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 25 DIVISION III 26 DEPARTMENT OF VETERANS AFFAIRS —— FY 2012-2013 27 Sec. 9. 2011 Iowa Acts, chapter 129, section 115, subsection 28 1, is amended to read as follows: 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 -14- LSB 5107XG (62) 84 pf/jp 14/ 101
S.F. _____ H.F. _____ 1,010,832 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.34 2 IOWA VETERANS HOME APPROPRIATION 3 Sec. 10. 2011 Iowa Acts, chapter 129, section 115, 4 subsection 2, unnumbered paragraph 1, is amended to read as 5 follows: 6 For salaries, support, maintenance, and miscellaneous 7 purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,476,075 9 8,952,151 10 IOWA VETERANS HOME REQUIREMENTS 11 Sec. 11. 2011 Iowa Acts, chapter 129, section 115, 12 subsection 2, paragraphs a through c, are amended to read as 13 follows: 14 a. The Iowa veterans home billings involving the department 15 of human services shall be submitted to the department on at 16 least a monthly basis. 17 b. If there is a change in the employer of employees 18 providing services at the Iowa veterans home under a collective 19 bargaining agreement, such employees and the agreement shall 20 be continued by the successor employer as though there had not 21 been a change in employer. 22 c. Within available resources and in conformance with 23 associated state and federal program eligibility requirements, 24 the Iowa veterans home may implement measures to provide 25 financial assistance to or on behalf of veterans or their 26 spouses who are participating in the community reentry program. 27 Sec. 12. 2011 Iowa Acts, chapter 129, section 115, 28 subsection 3, is amended to read as follows: 29 3. STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF DECEASED 30 VETERANS 31 For provision of educational assistance pursuant to section 32 35.9: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,208 34 12,416 35 -15- LSB 5107XG (62) 84 pf/jp 15/ 101
S.F. _____ H.F. _____ Sec. 13. 2011 Iowa Acts, chapter 129, section 115, is 1 amended by adding the following new subsection: 2 NEW SUBSECTION . 4. HOME OWNERSHIP ASSISTANCE PROGRAM 3 For transfer to the Iowa finance authority for the 4 continuation of the home ownership assistance program for 5 persons who are or were eligible members of the armed forces of 6 the United States, pursuant to section 16.54: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,600,000 8 Sec. 14. 2011 Iowa Acts, chapter 129, section 116, is 9 amended to read as follows: 10 SEC. 116. LIMITATION OF COUNTY COMMISSION OF VETERANS 11 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the 12 standing appropriation in the following designated section for 13 the fiscal year beginning July 1, 2012, and ending June 30, 14 2013, the amounts appropriated from the general fund of the 15 state pursuant to that section for the following designated 16 purposes shall not exceed the following amount: 17 For the county commissions of veterans affairs fund under 18 section 35A.16: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 20 990,000 21 DIVISION IV 22 DEPARTMENT OF HUMAN SERVICES —— FY 2012-2013 23 Sec. 15. 2011 Iowa Acts, chapter 129, section 117, is 24 amended to read as follows: 25 SEC. 117. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 26 GRANT. There is appropriated from the fund created in section 27 8.41 to the department of human services for the fiscal year 28 beginning July 1, 2012, and ending June 30, 2013, from moneys 29 received under the federal temporary assistance for needy 30 families (TANF) block grant pursuant to the federal Personal 31 Responsibility and Work Opportunity Reconciliation Act of 1996, 32 Pub. L. No. 104-193, and successor legislation, and from moneys 33 received under the emergency contingency fund for temporary 34 assistance for needy families state program established 35 -16- LSB 5107XG (62) 84 pf/jp 16/ 101
S.F. _____ H.F. _____ pursuant to the federal American Recovery and Reinvestment Act 1 of 2009, Pub. L. No. 111-5 § 2101, and successor legislation, 2 the following amounts, or so much thereof as is necessary, to 3 be used for the purposes designated: 4 1. To be credited to the family investment program account 5 and used for assistance under the family investment program 6 under chapter 239B: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,750,369 8 19,790,365 9 2. To be credited to the family investment program account 10 and used for the job opportunities and basic skills (JOBS) 11 program and implementing family investment agreements in 12 accordance with chapter 239B: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,205,764 14 12,411,528 15 3. To be used for the family development and 16 self-sufficiency grant program in accordance with section 17 216A.107: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,449,490 19 2,898,980 20 Notwithstanding section 8.33, moneys appropriated in this 21 subsection that remain unencumbered or unobligated at the close 22 of the fiscal year shall not revert but shall remain available 23 for expenditure for the purposes designated until the close of 24 the succeeding fiscal year. However, unless such moneys are 25 encumbered or obligated on or before September 30, 2013, the 26 moneys shall revert. 27 4. For field operations: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,648,116 29 31,296,232 30 5. For general administration: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,000 32 3,744,000 33 6. For state child care assistance: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,191,343 35 -17- LSB 5107XG (62) 84 pf/jp 17/ 101
S.F. _____ H.F. _____ 16,382,687 1 The funds appropriated in this subsection shall be 2 transferred to the child care and development block grant 3 appropriation made by the Eighty-fourth General Assembly, 2012 4 Session, for the federal fiscal year beginning October 1, 2012, 5 and ending September 30, 2013, pursuant to 2011 Iowa Acts, 6 chapter 126, section 32 . Of this amount, $100,000 $200,000 7 shall be used for provision of educational opportunities to 8 registered child care home providers in order to improve 9 services and programs offered by this category of providers 10 and to increase the number of providers. The department may 11 contract with institutions of higher education or child care 12 resource and referral centers to provide the educational 13 opportunities. Allowable administrative costs under the 14 contracts shall not exceed 5 percent. The application for a 15 grant shall not exceed two pages in length. 16 7. For distribution to counties for state case services 17 for persons with mental health and illness, intellectual 18 disability, or a developmental disabilities community services 19 disability in accordance with section 331.440 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,447,026 21 4,894,052 22 8. For child and family services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,042,215 24 32,084,430 25 9. For child abuse prevention grants: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 27 125,000 28 10. For pregnancy prevention grants on the condition that 29 family planning services are funded : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 965,033 31 1,930,067 32 Pregnancy prevention grants shall be awarded to programs 33 in existence on or before July 1, 2012, if the programs have 34 demonstrated positive outcomes. Grants shall be awarded to 35 -18- LSB 5107XG (62) 84 pf/jp 18/ 101
S.F. _____ H.F. _____ pregnancy prevention programs which are developed after July 1 1, 2012, if the programs are based on existing models that 2 have demonstrated positive outcomes. Grants shall comply with 3 the requirements provided in 1997 Iowa Acts, chapter 208, 4 section 14, subsections 1 and 2, including the requirement that 5 grant programs must emphasize sexual abstinence. Priority in 6 the awarding of grants shall be given to programs that serve 7 areas of the state which demonstrate the highest percentage of 8 unplanned pregnancies of females of childbearing age within the 9 geographic area to be served by the grant. 10 11. For technology needs and other resources necessary 11 to meet federal welfare reform reporting, tracking, and case 12 management requirements: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 518,593 14 1,037,186 15 12. To be credited to the state child care assistance 16 appropriation made in this section to be used for funding of 17 community-based early childhood programs targeted to children 18 from birth through five years of age developed by early 19 childhood Iowa areas as provided in section 256I.11: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,175,000 21 6,350,000 22 The department shall transfer TANF block grant funding 23 appropriated and allocated in this subsection to the child care 24 and development block grant appropriation in accordance with 25 federal law as necessary to comply with the provisions of this 26 subsection. 27 13. a. Notwithstanding any provision to the contrary, 28 including but not limited to requirements in section 8.41 or 29 provisions in 2011 or 2012 Iowa Acts regarding the receipt 30 and appropriation of federal block grants, federal funds 31 from the emergency contingency fund for temporary assistance 32 for needy families state program established pursuant to the 33 federal American Recovery and Reinvestment Act of 2009, Pub. 34 L. No. 111-5 § 2101, block grant received by the state during 35 -19- LSB 5107XG (62) 84 pf/jp 19/ 101
S.F. _____ H.F. _____ the fiscal year beginning July 1, 2011, and ending June 30, 1 2012, not otherwise appropriated in this section and remaining 2 available as of for the fiscal year beginning July 1, 2012, and 3 received by the state during the fiscal year beginning July 4 1, 2012, and ending June 30, 2013, are appropriated to the 5 department of human services to the extent as may be necessary 6 to be used in the following priority order: the family 7 investment program for the fiscal year and for state child care 8 assistance program payments for individuals enrolled in the 9 family investment program who are employed. The federal funds 10 appropriated in this paragraph “a” shall be expended only after 11 all other funds appropriated in subsection 1 for the assistance 12 under the family investment program under chapter 239B have 13 been expended. 14 b. The department shall, on a quarterly basis, advise the 15 legislative services agency and department of management of 16 the amount of funds appropriated in this subsection that was 17 expended in the prior quarter. 18 14. Of the amounts appropriated in this section, $6,481,004 19 $12,962,008 for the fiscal year beginning July 1, 2012, shall 20 be transferred to the appropriation of the federal social 21 services block grant made for that fiscal year. 22 15. For continuation of the program allowing the department 23 to maintain categorical eligibility for the food assistance 24 program as required under the section of this division relating 25 to the family investment account: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 73,036 27 25,000 28 16. The department may transfer funds allocated in this 29 section to the appropriations made in this division of this Act 30 for general administration and field operations for resources 31 necessary to implement and operate the services referred to in 32 this section and those funded in the appropriation made in this 33 division of this Act for the family investment program from the 34 general fund of the state. 35 -20- LSB 5107XG (62) 84 pf/jp 20/ 101
S.F. _____ H.F. _____ Sec. 16. 2011 Iowa Acts, chapter 129, section 118, is 1 amended to read as follows: 2 SEC. 118. FAMILY INVESTMENT PROGRAM ACCOUNT. 3 1. Moneys credited to the family investment program (FIP) 4 account for the fiscal year beginning July 1, 2012, and 5 ending June 30, 2013, 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 this 11 section to the appropriations in this division of this Act 12 for general administration and field operations for resources 13 necessary to implement and operate the services referred to in 14 this section and those funded in the appropriation made in this 15 division of this Act for the family investment program from the 16 general 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, 2012, and ending June 30, 2013, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 27 20,000 28 b. To the department of human rights for staffing, 29 administration, and implementation of the family development 30 and self-sufficiency grant program in accordance with section 31 216A.107: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,671,417 33 5,342,834 34 (1) Of the funds allocated for the family development and 35 -21- LSB 5107XG (62) 84 pf/jp 21/ 101
S.F. _____ H.F. _____ self-sufficiency grant program in this lettered paragraph, 1 not more than 5 percent of the funds shall be used for the 2 administration of the grant program. 3 (2) The department of human rights may continue to implement 4 the family development and self-sufficiency grant program 5 statewide during fiscal year 2012-2013. 6 c. For the diversion subaccount of the FIP account: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 849,200 8 1,698,400 9 A portion of the moneys allocated for the subaccount may 10 be used for field operations salaries, data management system 11 development, and implementation costs and support deemed 12 necessary by the director of human services in order to 13 administer the FIP diversion program. 14 d. For the food stamp employment and training program: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,294 16 66,588 17 (1) The department shall amend the food stamp employment and 18 training state plan in order to maximize to the fullest extent 19 permitted by federal law the use of the 50-50 match provisions 20 for the claiming of allowable federal matching funds from the 21 United States department of agriculture pursuant to the federal 22 food stamp employment and training program for providing 23 education, employment, and training services for eligible food 24 assistance program participants, including but not limited to 25 related dependent care and transportation expenses. 26 (2) The department shall continue the categorical federal 27 food assistance program eligibility at 160 percent of the 28 federal poverty level and continue to eliminate the asset test 29 from eligibility requirements, consistent with federal food 30 assistance program requirements. The department shall include 31 as many food assistance households as is allowed by federal 32 law. The eligibility provisions shall conform to all federal 33 requirements including requirements addressing individuals who 34 are incarcerated or otherwise ineligible. 35 -22- LSB 5107XG (62) 84 pf/jp 22/ 101
S.F. _____ H.F. _____ e. For the JOBS program: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,117,952 2 20,235,905 3 5. Of the child support collections assigned under FIP, 4 an amount equal to the federal share of support collections 5 shall be credited to the child support recovery appropriation 6 made in this division of this Act. Of the remainder of the 7 assigned child support collections received by the child 8 support recovery unit, a portion shall be credited to the FIP 9 account, a portion may be used to increase recoveries, and a 10 portion may be used to sustain cash flow in the child support 11 payments account. If as a consequence of the appropriations 12 and allocations made in this section the resulting amounts 13 are insufficient to sustain cash assistance payments and meet 14 federal maintenance of effort requirements, the department 15 shall seek supplemental funding. If child support collections 16 assigned under FIP are greater than estimated or are otherwise 17 determined not to be required for maintenance of effort, the 18 state share of either amount may be transferred to or retained 19 in the child support payment account. 20 6. The department may adopt emergency rules for the family 21 investment, JOBS, food stamp, and medical assistance programs 22 if necessary to comply with federal requirements. 23 Sec. 17. 2011 Iowa Acts, chapter 129, section 119, is 24 amended to read as follows: 25 SEC. 119. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 26 is appropriated from the general fund of the state to the 27 department of human services for the fiscal year beginning July 28 1, 2012, and ending June 30, 2013, the following amount, or 29 so much thereof as is necessary, to be used for the purpose 30 designated: 31 To be credited to the family investment program (FIP) 32 account and used for family investment program assistance under 33 chapter 239B: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,085,513 35 -23- LSB 5107XG (62) 84 pf/jp 23/ 101
S.F. _____ H.F. _____ 51,581,161 1 1. Of the funds appropriated in this section, $3,912,188 2 $7,824,377 is allocated for the JOBS program. 3 2. Of the funds appropriated in this section, $1,231,927 4 $2,463,854 is allocated for the family development and 5 self-sufficiency grant program. 6 3. Notwithstanding section 8.39, for the fiscal year 7 beginning July 1, 2012, if necessary to meet federal 8 maintenance of effort requirements or to transfer federal 9 temporary assistance for needy families block grant funding 10 to be used for purposes of the federal social services block 11 grant or to meet cash flow needs resulting from delays in 12 receiving federal funding or to implement, in accordance with 13 this division of this Act, activities currently funded with 14 juvenile court services, county, or community moneys and state 15 moneys used in combination with such moneys, the department 16 of human services may transfer funds within or between any 17 of the appropriations made in this division of this Act and 18 appropriations in law for the federal social services block 19 grant to the department for the following purposes, provided 20 that the combined amount of state and federal temporary 21 assistance for needy families block grant funding for each 22 appropriation remains the same before and after the transfer: 23 a. For the family investment program. 24 b. For child care assistance. 25 c. For child and family services. 26 d. For field operations. 27 e. For general administration. 28 f. MH/MR/DD/BI community services (local purchase) 29 For distribution to counties for state case services for 30 persons with mental illness, intellectual disability, or a 31 developmental disability in accordance with section 331.440 . 32 This subsection shall not be construed to prohibit the use 33 of existing state transfer authority for other purposes. The 34 department shall report any transfers made pursuant to this 35 -24- LSB 5107XG (62) 84 pf/jp 24/ 101
S.F. _____ H.F. _____ subsection to the legislative services agency. 1 4. Of the funds appropriated in this section, $97,839 2 $195,678 shall be used for continuation of a grant to an 3 Iowa-based nonprofit organization with a history of providing 4 tax preparation assistance to low-income Iowans in order to 5 expand the usage of the earned income tax credit. The purpose 6 of the grant is to supply this assistance to underserved areas 7 of the state. 8 5. The department may transfer funds appropriated in this 9 section to the appropriations made in this division of this Act 10 for general administration and field operations as necessary 11 to administer this section and the overall family investment 12 program. 13 Sec. 18. 2011 Iowa Acts, chapter 129, section 120, is 14 amended to read as follows: 15 SEC. 120. CHILD SUPPORT RECOVERY. There is appropriated 16 from the general fund of the state to the department of human 17 services for the fiscal year beginning July 1, 2012, and ending 18 June 30, 2013, the following amount, or so much thereof as is 19 necessary, to be used for the purposes designated: 20 For child support recovery, including salaries, support, 21 maintenance, and miscellaneous purposes, and for not more than 22 the following full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,559,627 24 13,377,993 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 475.00 26 1. The department shall expend up to $12,164 $24,329 , 27 including federal financial participation, for the fiscal year 28 beginning July 1, 2012, for a child support public awareness 29 campaign. The department and the office of the attorney 30 general shall cooperate in continuation of the campaign. The 31 public awareness campaign shall emphasize, through a variety 32 of media activities, the importance of maximum involvement of 33 both parents in the lives of their children as well as the 34 importance of payment of child support obligations. 35 -25- LSB 5107XG (62) 84 pf/jp 25/ 101
S.F. _____ H.F. _____ 2. Federal access and visitation grant moneys shall be 1 issued directly to private not-for-profit agencies that provide 2 services designed to increase compliance with the child access 3 provisions of court orders, including but not limited to 4 neutral visitation sites and mediation services. 5 3. The appropriation made to the department for child 6 support recovery may be used throughout the fiscal year in the 7 manner necessary for purposes of cash flow management, and for 8 cash flow management purposes the department may temporarily 9 draw more than the amount appropriated, provided the amount 10 appropriated is not exceeded at the close of the fiscal year. 11 4. With the exception of the funding amount specified, the 12 requirements established under 2001 Iowa Acts, chapter 191, 13 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 14 be applicable to parental obligation pilot projects for the 15 fiscal year beginning July 1, 2012, and ending June 30, 2013. 16 Notwithstanding 441 IAC 100.8, providing for termination of 17 rules relating to the pilot projects, the rules shall remain 18 in effect until June 30, 2013. 19 Sec. 19. 2011 Iowa Acts, chapter 129, section 121, is 20 amended to read as follows: 21 SEC. 121. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE. Any 22 funds remaining in the health care trust fund created in 23 section 453A.35A for the fiscal year beginning July 1, 2012, 24 and ending June 30, 2013, are appropriated to the department 25 of human services to supplement the medical assistance program 26 appropriations made in this Act, for medical assistance 27 reimbursement and associated costs, including program 28 administration and costs associated with implementation. 29 Sec. 20. 2011 Iowa Acts, chapter 129, section 122, is 30 amended to read as follows: 31 SEC. 122. MEDICAL ASSISTANCE. There is appropriated from 32 the general fund of the state to the department of human 33 services for the fiscal year beginning July 1, 2012, and ending 34 June 30, 2013, the following amount, or so much thereof as is 35 -26- LSB 5107XG (62) 84 pf/jp 26/ 101
S.F. _____ H.F. _____ necessary, to be used for the purpose designated: 1 For medical assistance program reimbursement and associated 2 costs as specifically provided in the reimbursement 3 methodologies in effect on June 30, 2012, except as otherwise 4 expressly authorized by law, and consistent with options under 5 federal law and regulations: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 914,993,421 7 958,750,766 8 1. Iowans support reducing the number of abortions 9 performed in our state. For an abortion covered under the 10 program, except in the case of a medical emergency, as defined 11 in section 135L.1, for any woman, the physician shall certify 12 both of the following: 13 a. That the woman has been given the opportunity to view an 14 ultrasound image of the fetus as part of the standard of care 15 before an abortion is performed. 16 b. That the woman has been provided information regarding 17 the options relative to a pregnancy, including continuing the 18 pregnancy to term and retaining parental rights following the 19 child’s birth, continuing the pregnancy to term and placing the 20 child for adoption, and terminating the pregnancy. 21 2. The department shall utilize not more than $60,000 of 22 the funds appropriated in this section to continue the AIDS/HIV 23 health insurance premium payment program as established in 1992 24 Iowa Acts, Second Extraordinary Session, chapter 1001, section 25 409, subsection 6. Of the funds allocated in this subsection, 26 not more than $5,000 may be expended for administrative 27 purposes. 28 3. Of the funds appropriated in this Act to the department 29 of public health for addictive disorders, $950,000 for the 30 fiscal year beginning July 1, 2012, shall be transferred to 31 the department of human services for an integrated substance 32 abuse managed care system. The department shall not assume 33 management of the substance abuse system in place of the 34 managed care contractor unless such a change in approach is 35 -27- LSB 5107XG (62) 84 pf/jp 27/ 101
S.F. _____ H.F. _____ specifically authorized in law. The departments of human 1 services and public health shall work together to maintain 2 the level of mental health and substance abuse services 3 provided by the managed care contractor through the Iowa plan 4 for behavioral health. Each department shall take the steps 5 necessary to continue the federal waivers as necessary to 6 maintain the level of services. 7 4. a. The department shall aggressively pursue options for 8 providing medical assistance or other assistance to individuals 9 with special needs who become ineligible to continue receiving 10 services under the early and periodic screening, diagnostic, 11 and treatment program under the medical assistance program 12 due to becoming 21 years of age who have been approved for 13 additional assistance through the department’s exception to 14 policy provisions, but who have health care needs in excess 15 of the funding available through the exception to policy 16 provisions. 17 b. Of the funds appropriated in this section, $100,000 18 shall be used for participation in one or more pilot projects 19 operated by a private provider to allow the individual or 20 individuals to receive service in the community in accordance 21 with principles established in Olmstead v. L.C., 527 U.S. 581 22 (1999), for the purpose of providing medical assistance or 23 other assistance to individuals with special needs who become 24 ineligible to continue receiving services under the early and 25 periodic screening, diagnosis, and treatment program under 26 the medical assistance program due to becoming 21 years of 27 age who have been approved for additional assistance through 28 the department’s exception to policy provisions, but who have 29 health care needs in excess of the funding available through 30 the exception to the policy provisions. 31 5. Of the funds appropriated in this section, up to 32 $3,050,082 may be transferred to the field operations 33 or general administration appropriations in this Act for 34 operational costs associated with Part D of the federal 35 -28- LSB 5107XG (62) 84 pf/jp 28/ 101
S.F. _____ H.F. _____ Medicare Prescription Drug Improvement and Modernization Act 1 of 2003, Pub. L. No. 108-173. 2 6. Of the funds appropriated in this section, up to $442,100 3 may be transferred to the appropriation in this division 4 of this Act for medical contracts to be used for clinical 5 assessment services and prior authorization of services. 6 7. A portion of the funds appropriated in this section 7 may be transferred to the appropriations in this division of 8 this Act for general administration, medical contracts, the 9 children’s health insurance program, or field operations to be 10 used for the state match cost to comply with the payment error 11 rate measurement (PERM) program for both the medical assistance 12 and children’s health insurance programs as developed by the 13 centers for Medicare and Medicaid services of the United States 14 department of health and human services to comply with the 15 federal Improper Payments Information Act of 2002, Pub. L. No. 16 107-300. 17 8. It is the intent of the general assembly that the 18 department continue to implement the recommendations of 19 the assuring better child health and development initiative 20 II (ABCDII) clinical panel to the Iowa early and periodic 21 screening, diagnostic, and treatment services healthy mental 22 development collaborative board regarding changes to billing 23 procedures, codes, and eligible service providers. 24 9. Of the funds appropriated in this section, a sufficient 25 amount is allocated to supplement the incomes of residents of 26 nursing facilities, intermediate care facilities for persons 27 with mental illness, and intermediate care facilities for 28 persons with mental retardation, with incomes of less than $50 29 in the amount necessary for the residents to receive a personal 30 needs allowance of $50 per month pursuant to section 249A.30A. 31 10. Of the funds appropriated in this section, the following 32 amounts shall be transferred to the appropriations made in this 33 division of this Act for the state mental health institutes: 34 a. Cherokee mental health institute .......... $ 9,098,425 35 -29- LSB 5107XG (62) 84 pf/jp 29/ 101
S.F. _____ H.F. _____ b. Clarinda mental health institute .......... $ 1,977,305 1 c. Independence mental health institute ...... $ 9,045,894 2 d. Mount Pleasant mental health institute .... $ 5,752,587 3 11. a. Of the funds appropriated in this section, 4 $7,425,684 $7,678,245 is allocated for the state match for 5 a disproportionate share hospital payment of $19,133,430 6 to hospitals that meet both of the conditions specified 7 in subparagraphs (1) and (2). In addition, the hospitals 8 that meet the conditions specified shall either certify 9 public expenditures or transfer to the medical assistance 10 program an amount equal to provide the nonfederal share for a 11 disproportionate share hospital payment of $7,500,000. The 12 hospitals that meet the conditions specified shall receive and 13 retain 100 percent of the total disproportionate share hospital 14 payment of $26,633,430. 15 (1) The hospital qualifies for disproportionate share and 16 graduate medical education payments. 17 (2) The hospital is an Iowa state-owned hospital with more 18 than 500 beds and eight or more distinct residency specialty 19 or subspecialty programs recognized by the American college of 20 graduate medical education. 21 b. Distribution of the disproportionate share payments 22 shall be made on a monthly basis. The total amount of 23 disproportionate share payments including graduate medical 24 education, enhanced disproportionate share, and Iowa 25 state-owned teaching hospital payments shall not exceed the 26 amount of the state’s allotment under Pub. L. No. 102-234. 27 In addition, the total amount of all disproportionate 28 share payments shall not exceed the hospital-specific 29 disproportionate share limits under Pub. L. No. 103-66. 30 12. The university of Iowa hospitals and clinics shall 31 either certify public expenditures or transfer to the medical 32 assistance appropriation an amount equal to provide the 33 nonfederal share for increased medical assistance payments for 34 inpatient and outpatient hospital services of $9,900,000. The 35 -30- LSB 5107XG (62) 84 pf/jp 30/ 101
S.F. _____ H.F. _____ university of Iowa hospitals and clinics shall receive and 1 retain 100 percent of the total increase in medical assistance 2 payments. 3 13. Of the funds appropriated in this section, up to 4 $4,480,304 $8,684,329 may be transferred to the IowaCare 5 account created in section 249J.24. 6 14. Of the funds appropriated in this section, $200,000 7 shall be used for the Iowa chronic care consortium pursuant to 8 2003 Iowa Acts, chapter 112, section 12, as amended by 2003 9 Iowa Acts, chapter 179, sections 166 and 167. 10 15. One hundred percent of the nonfederal share of payments 11 to area education agencies that are medical assistance 12 providers for medical assistance-covered services provided to 13 medical assistance-covered children, shall be made from the 14 appropriation made in this section. 15 16. Any new or renewed contract entered into by the 16 department with a third party to administer behavioral health 17 services under the medical assistance program shall provide 18 that any interest earned on payments from the state during 19 the state fiscal year shall be remitted to the department 20 and treated as recoveries to offset the costs of the medical 21 assistance program. 22 17. The department shall continue to implement the 23 provisions in 2007 Iowa Acts, chapter 218, section 124 and 24 section 126, as amended by 2008 Iowa Acts, chapter 1188, 25 section 55, relating to eligibility for certain persons with 26 disabilities under the medical assistance program in accordance 27 with the federal Family Opportunity Act. 28 18. A portion of the funds appropriated in this section 29 may be transferred to the appropriation in this division of 30 this Act for medical contracts to be used for administrative 31 activities associated with the money follows the person 32 demonstration project. 33 19. Of the funds appropriated in this section, $349,011 34 shall be used for the administration of the health insurance 35 -31- LSB 5107XG (62) 84 pf/jp 31/ 101
S.F. _____ H.F. _____ premium payment program, including salaries, support, 1 maintenance, and miscellaneous purposes for the fiscal year 2 beginning July 1, 2012. 3 20. a. The department may continue to implement cost 4 containment strategies recommended by the governor , and for 5 the fiscal year beginning July 1, 2011, and shall implement 6 new strategies for the fiscal year beginning July 1, 2012, as 7 specified in this division of this 2012 Act. The department 8 may adopt emergency rules for such implementation. 9 b. The department shall not implement the cost containment 10 strategy to require a primary care referral for the provision 11 of chiropractic services. 12 c. The department may increase the amounts allocated for 13 salaries, support, maintenance, and miscellaneous purposes 14 associated with the medical assistance program, as necessary, 15 to implement the cost containment strategies. The department 16 shall report any such increase to the legislative services 17 agency and the department of management. 18 d. If the savings to the medical assistance program for 19 the fiscal year beginning July 1, 2012, exceed the cost, the 20 department may transfer any savings generated for the fiscal 21 year due to medical assistance program cost containment efforts 22 initiated pursuant to 2010 Iowa Acts, chapter 1031, Executive 23 Order No. 20, issued December 16, 2009, or cost containment 24 strategies initiated pursuant to this subsection, to the 25 appropriation made in this division of this Act for medical 26 contracts or general administration to defray the increased 27 contract costs associated with implementing such efforts. 28 e. The department shall report the implementation of 29 any cost containment strategies under this subsection to 30 the individuals specified in this division of this Act for 31 submission of reports on a quarterly basis. 32 21. Notwithstanding any provision of law to the contrary, 33 the department of human services shall continue implementation 34 of the amended section 1915(b) waiver and Iowa plan contract 35 -32- LSB 5107XG (62) 84 pf/jp 32/ 101
S.F. _____ H.F. _____ for inclusion of remedial services under the Iowa plan contract 1 for the fiscal year beginning July 1, 2012. 2 22. a. Of the funds appropriated in this section, 3 $5,000,000 shall be used to continue the reduction in 4 the waiting lists of these medical assistance home and 5 community-based services waivers implemented pursuant to this 6 Act for 2011-2012: the waiver for persons with intellectual 7 disabilities, the waiver for persons with brain injury, and the 8 children’s mental health waiver. 9 b. In addition to the funds allocated in paragraph “a”, 10 $5,000,000 of the funds appropriated in this section shall 11 be used to implement reductions in the waiting lists of all 12 medical assistance home and community-based services waivers. 13 Sec. 21. 2011 Iowa Acts, chapter 129, section 122, is 14 amended by adding the following new subsections: 15 NEW SUBSECTION . 23. The department shall align 16 reimbursement for prescription drugs administered by a 17 physician to be equivalent to the reimbursement for the same 18 prescription drug when dispensed by a pharmacy. 19 NEW SUBSECTION . 24. The department shall implement a 20 hospital inpatient reimbursement policy to provide for the 21 combining of an original claim for an inpatient stay with a 22 claim for a subsequent inpatient stay when the patient is 23 admitted within seven days of discharge from the original 24 hospital stay for the same condition. 25 NEW SUBSECTION . 25. The department shall implement a 26 policy to ensure that reimbursement for Medicare Part A and 27 Medicare Part B crossover claims is limited to the Medicaid 28 reimbursement rate. 29 NEW SUBSECTION . 26. The department shall transition 30 payment for and administration of services provided by 31 psychiatric medical institutions for children to the Iowa plan. 32 Sec. 22. 2011 Iowa Acts, chapter 129, section 123, is 33 amended to read as follows: 34 SEC. 123. MEDICAL CONTRACTS. There is appropriated from the 35 -33- LSB 5107XG (62) 84 pf/jp 33/ 101
S.F. _____ H.F. _____ general fund of the state to the department of human services 1 for the fiscal year beginning July 1, 2012, and ending June 30, 2 2013, the following amount, or so much thereof as is necessary, 3 to be used for the purpose designated: 4 For medical contracts: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,453,728 6 8,460,680 7 1. The department of inspections and appeals shall 8 provide all state matching funds for survey and certification 9 activities performed by the department of inspections 10 and appeals. The department of human services is solely 11 responsible for distributing the federal matching funds for 12 such activities. 13 2. Of the funds appropriated in this section, $25,000 14 $50,000 shall be used for continuation of home and 15 community-based services waiver quality assurance programs, 16 including the review and streamlining of processes and policies 17 related to oversight and quality management to meet state and 18 federal requirements. 19 3. Of the amount appropriated in this section, up to 20 $200,000 may be transferred to the appropriation for general 21 administration in this division of this Act to be used for 22 additional full-time equivalent positions in the development of 23 key health initiatives such as cost containment, development 24 and oversight of managed care programs, and development of 25 health strategies targeted toward improved quality and reduced 26 costs in the Medicaid program. 27 Sec. 23. 2011 Iowa Acts, chapter 129, section 124, is 28 amended to read as follows: 29 SEC. 124. STATE SUPPLEMENTARY ASSISTANCE. 30 1. There is appropriated from the general fund of the 31 state to the department of human services for the fiscal year 32 beginning July 1, 2012, and ending June 30, 2013, the following 33 amount, or so much thereof as is necessary, to be used for the 34 purpose designated: 35 -34- LSB 5107XG (62) 84 pf/jp 34/ 101
S.F. _____ H.F. _____ For the state supplementary assistance program: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,425,373 2 16,850,747 3 2. The department shall increase the personal needs 4 allowance for residents of residential care facilities by the 5 same percentage and at the same time as federal supplemental 6 security income and federal social security benefits are 7 increased due to a recognized increase in the cost of living. 8 The department may adopt emergency rules to implement this 9 subsection. 10 3. If during the fiscal year beginning July 1, 2012, 11 the department projects that state supplementary assistance 12 expenditures for a calendar year will not meet the federal 13 pass-through requirement specified in Tit. XVI of the federal 14 Social Security Act, section 1618, as codified in 42 U.S.C. 15 § 1382g, the department may take actions including but not 16 limited to increasing the personal needs allowance for 17 residential care facility residents and making programmatic 18 adjustments or upward adjustments of the residential care 19 facility or in-home health-related care reimbursement rates 20 prescribed in this division of this Act to ensure that federal 21 requirements are met. In addition, the department may make 22 other programmatic and rate adjustments necessary to remain 23 within the amount appropriated in this section while ensuring 24 compliance with federal requirements. The department may adopt 25 emergency rules to implement the provisions of this subsection. 26 Sec. 24. 2011 Iowa Acts, chapter 129, section 125, is 27 amended to read as follows: 28 SEC. 125. CHILDREN’S HEALTH INSURANCE 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 maintenance of the healthy and well kids in Iowa (hawk-i) 35 -35- LSB 5107XG (62) 84 pf/jp 35/ 101
S.F. _____ H.F. _____ program pursuant to chapter 514I, including supplemental dental 1 services, for receipt of federal financial participation under 2 Tit. XXI of the federal Social Security Act, which creates the 3 children’s health insurance program: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,403,051 5 40,400,160 6 2. Of the funds appropriated in this section, $64,475 7 $141,450 is allocated for continuation of the contract for 8 outreach with the department of public health. 9 3. Notwithstanding section 514I.11, subsection 2, moneys 10 appropriated in this section that remain unencumbered or 11 unobligated at the close of the fiscal year shall revert to the 12 general fund of the state. 13 Sec. 25. 2011 Iowa Acts, chapter 129, section 126, is 14 amended to read as follows: 15 SEC. 126. CHILD CARE ASSISTANCE. There is appropriated 16 from the general fund of the state to the department of human 17 services for the fiscal year beginning July 1, 2012, and ending 18 June 30, 2013, the following amount, or so much thereof as is 19 necessary, to be used for the purpose designated: 20 For child care programs: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,618,831 22 53,237,662 23 1. Of the funds appropriated in this section, $25,948,041 24 $51,868,235 shall be used for state child care assistance in 25 accordance with section 237A.13. 26 2. Nothing in this section shall be construed or is 27 intended as or shall imply a grant of entitlement for services 28 to persons who are eligible for assistance due to an income 29 level consistent with the waiting list requirements of section 30 237A.13. Any state obligation to provide services pursuant to 31 this section is limited to the extent of the funds appropriated 32 in this section. 33 3. Of the funds appropriated in this section, $216,226 34 $432,453 is allocated for the statewide program for child care 35 -36- LSB 5107XG (62) 84 pf/jp 36/ 101
S.F. _____ H.F. _____ resource and referral services under section 237A.26. A list 1 of the registered and licensed child care facilities operating 2 in the area served by a child care resource and referral 3 service shall be made available to the families receiving state 4 child care assistance in that area. 5 4. Of the funds appropriated in this section, $468,487 6 $936,974 is allocated for child care quality improvement 7 initiatives including but not limited to the voluntary quality 8 rating system in accordance with section 237A.30. 9 5. The department may use any of the funds appropriated 10 in this section as a match to obtain federal funds for use in 11 expanding child care assistance and related programs. For 12 the purpose of expenditures of state and federal child care 13 funding, funds shall be considered obligated at the time 14 expenditures are projected or are allocated to the department’s 15 service areas. Projections shall be based on current and 16 projected caseload growth, current and projected provider 17 rates, staffing requirements for eligibility determination 18 and management of program requirements including data systems 19 management, staffing requirements for administration of the 20 program, contractual and grant obligations and any transfers 21 to other state agencies, and obligations for decategorization 22 or innovation projects. 23 6. A portion of the state match for the federal child care 24 and development block grant shall be provided as necessary to 25 meet federal matching funds requirements through the state 26 general fund appropriation made for child development grants 27 and other programs for at-risk children in section 279.51. 28 7. If a uniform reduction ordered by the governor under 29 section 8.31 or other operation of law, transfer, or federal 30 funding reduction reduces the appropriation made in this 31 section for the fiscal year, the percentage reduction in the 32 amount paid out to or on behalf of the families participating 33 in the state child care assistance program shall be equal to or 34 less than the percentage reduction made for any other purpose 35 -37- LSB 5107XG (62) 84 pf/jp 37/ 101
S.F. _____ H.F. _____ payable from the appropriation made in this section and the 1 federal funding relating to it. The percentage reduction to 2 the other allocations made in this section shall be the same as 3 the uniform reduction ordered by the governor or the percentage 4 change of the federal funding reduction, as applicable. 5 If there is an unanticipated increase in federal funding 6 provided for state child care assistance, the entire amount 7 of the increase shall be used for state child care assistance 8 payments. If the appropriations made for purposes of the 9 state child care assistance program for the fiscal year are 10 determined to be insufficient, it is the intent of the general 11 assembly to appropriate sufficient funding for the fiscal year 12 in order to avoid establishment of waiting list requirements. 13 8. Notwithstanding section 8.33, moneys appropriated 14 in this section or advanced for purposes of the programs 15 developed by early childhood Iowa areas, advanced for purposes 16 of wraparound child care, or received from the federal 17 appropriations made for the purposes of this section that 18 remain unencumbered or unobligated at the close of the fiscal 19 year shall not revert to any fund but shall remain available 20 for expenditure for the purposes designated until the close of 21 the succeeding fiscal year. 22 Sec. 26. 2011 Iowa Acts, chapter 129, section 127, is 23 amended to read as follows: 24 SEC. 127. JUVENILE INSTITUTIONS. There is appropriated 25 from the general fund of the state to the department of human 26 services for the fiscal year beginning July 1, 2012, and ending 27 June 30, 2013, the following amounts, or so much thereof as is 28 necessary, to be used for the purposes designated: 29 1. For operation of the Iowa juvenile home at Toledo and for 30 salaries, support, maintenance, and miscellaneous purposes, and 31 for not more than the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,129,125 33 8,328,264 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00 35 -38- LSB 5107XG (62) 84 pf/jp 38/ 101
S.F. _____ H.F. _____ 2. For operation of the state training school at Eldora and 1 for salaries, support, maintenance, and miscellaneous purposes, 2 and for not more than the following full-time equivalent 3 positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,319,338 5 10,740,988 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 164.30 7 Of the funds appropriated in this subsection, $45,575 8 $91,150 shall be used for distribution to licensed classroom 9 teachers at this and other institutions under the control of 10 the department of human services based upon the average student 11 yearly enrollment at each institution as determined by the 12 department. 13 3. A portion of the moneys appropriated in this section 14 shall be used by the state training school and by the Iowa 15 juvenile home for grants for adolescent pregnancy prevention 16 activities at the institutions in the fiscal year beginning 17 July 1, 2012. 18 Sec. 27. 2011 Iowa Acts, chapter 129, section 128, is 19 amended to read as follows: 20 SEC. 128. CHILD AND FAMILY SERVICES. 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, 2012, and ending June 30, 2013, the following 24 amount, or so much thereof as is necessary, to be used for the 25 purpose designated: 26 For child and family services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,415,081 28 79,941,095 29 2. In order to address a reduction of $5,200,000 from the 30 amount allocated under the appropriation made for the purposes 31 of this section in prior years for purposes of juvenile 32 delinquent graduated sanction services, up to $2,600,000 33 $5,200,000 of the amount of federal temporary assistance 34 for needy families block grant funding appropriated in this 35 -39- LSB 5107XG (62) 84 pf/jp 39/ 101
S.F. _____ H.F. _____ division of this Act for child and family services shall be 1 made available for purposes of juvenile delinquent graduated 2 sanction services. 3 3. The department may transfer funds appropriated in this 4 section as necessary to pay the nonfederal costs of services 5 reimbursed under the medical assistance program, state child 6 care assistance program, or the family investment program which 7 are provided to children who would otherwise receive services 8 paid under the appropriation in this section. The department 9 may transfer funds appropriated in this section to the 10 appropriations made in this division of this Act for general 11 administration and for field operations for resources necessary 12 to implement and operate the services funded in this section. 13 4. a. Of the funds appropriated in this section, up 14 to $15,084,564 $30,235,574 is allocated as the statewide 15 expenditure target under section 232.143 for group foster care 16 maintenance and services. If the department projects that such 17 expenditures for the fiscal year will be less than the target 18 amount allocated in this lettered paragraph, the department may 19 reallocate the excess to provide additional funding for shelter 20 care or the child welfare emergency services addressed with the 21 allocation for shelter care. 22 b. If at any time after September 30, 2012, annualization 23 of a service area’s current expenditures indicates a service 24 area is at risk of exceeding its group foster care expenditure 25 target under section 232.143 by more than 5 percent, the 26 department and juvenile court services shall examine all 27 group foster care placements in that service area in order to 28 identify those which might be appropriate for termination. 29 In addition, any aftercare services believed to be needed 30 for the children whose placements may be terminated shall be 31 identified. The department and juvenile court services shall 32 initiate action to set dispositional review hearings for the 33 placements identified. In such a dispositional review hearing, 34 the juvenile court shall determine whether needed aftercare 35 -40- LSB 5107XG (62) 84 pf/jp 40/ 101
S.F. _____ H.F. _____ services are available and whether termination of the placement 1 is in the best interest of the child and the community. 2 5. In accordance with the provisions of section 232.188, 3 the department shall continue the child welfare and juvenile 4 justice funding initiative during fiscal year 2012-2013. Of 5 the funds appropriated in this section, $858,876 $1,717,753 6 is allocated specifically for expenditure for fiscal year 7 2012-2013 through the decategorization service funding pools 8 and governance boards established pursuant to section 232.188. 9 6. A portion of the funds appropriated in this section 10 may be used for emergency family assistance to provide other 11 resources required for a family participating in a family 12 preservation or reunification project or successor project to 13 stay together or to be reunified. 14 7. Notwithstanding section 234.35 or any other provision 15 of law to the contrary, state funding for shelter care and 16 the child welfare emergency services contracting implemented 17 to provide for or prevent the need for shelter care shall be 18 limited to $3,585,058 $7,556,372 . The department may continue 19 or execute contracts that result from the department’s request 20 for proposal, bid number ACFS-11-114, to provide the range of 21 child welfare emergency services described in the request for 22 proposals, and any subsequent amendments to the request for 23 proposals. 24 8. Federal funds received by the state during the fiscal 25 year beginning July 1, 2012, as the result of the expenditure 26 of state funds appropriated during a previous state fiscal 27 year for a service or activity funded under this section are 28 appropriated to the department to be used as additional funding 29 for services and purposes provided for under this section. 30 Notwithstanding section 8.33, moneys received in accordance 31 with this subsection that remain unencumbered or unobligated at 32 the close of the fiscal year shall not revert to any fund but 33 shall remain available for the purposes designated until the 34 close of the succeeding fiscal year. 35 -41- LSB 5107XG (62) 84 pf/jp 41/ 101
S.F. _____ H.F. _____ 9. Of the funds appropriated in this section, at least 1 $1,848,142 shall be used for protective child care assistance. 2 10. a. Of the funds appropriated in this section, up to 3 $1,031,244 $2,062,488 is allocated for the payment of the 4 expenses of court-ordered services provided to juveniles who 5 are under the supervision of juvenile court services, which 6 expenses are a charge upon the state pursuant to section 7 232.141, subsection 4. Of the amount allocated in this 8 lettered paragraph, up to $778,143 $1,556,287 shall be made 9 available to provide school-based supervision of children 10 adjudicated under chapter 232, of which not more than $7,500 11 $15,000 may be used for the purpose of training. A portion of 12 the cost of each school-based liaison officer shall be paid by 13 the school district or other funding source as approved by the 14 chief juvenile court officer. 15 b. Of the funds appropriated in this section, up to $374,492 16 $748,985 is allocated for the payment of the expenses of 17 court-ordered services provided to children who are under the 18 supervision of the department, which expenses are a charge upon 19 the state pursuant to section 232.141, subsection 4. 20 c. Notwithstanding section 232.141 or any other provision 21 of law to the contrary, the amounts allocated in this 22 subsection shall be distributed to the judicial districts 23 as determined by the state court administrator and to the 24 department’s service areas as determined by the administrator 25 of the department’s division of child and family services. The 26 state court administrator and the division administrator shall 27 make the determination of the distribution amounts on or before 28 June 15, 2012. 29 d. Notwithstanding chapter 232 or any other provision of 30 law to the contrary, a district or juvenile court shall not 31 order any service which is a charge upon the state pursuant 32 to section 232.141 if there are insufficient court-ordered 33 services funds available in the district court or departmental 34 service area distribution amounts to pay for the service. The 35 -42- LSB 5107XG (62) 84 pf/jp 42/ 101
S.F. _____ H.F. _____ chief juvenile court officer and the departmental service area 1 manager shall encourage use of the funds allocated in this 2 subsection such that there are sufficient funds to pay for 3 all court-related services during the entire year. The chief 4 juvenile court officers and departmental service area managers 5 shall attempt to anticipate potential surpluses and shortfalls 6 in the distribution amounts and shall cooperatively request the 7 state court administrator or division administrator to transfer 8 funds between the judicial districts’ or departmental service 9 areas’ distribution amounts as prudent. 10 e. Notwithstanding any provision of law to the contrary, 11 a district or juvenile court shall not order a county to pay 12 for any service provided to a juvenile pursuant to an order 13 entered under chapter 232 which is a charge upon the state 14 under section 232.141, subsection 4. 15 f. Of the funds allocated in this subsection, not more 16 than $41,500 $83,000 may be used by the judicial branch for 17 administration of the requirements under this subsection. 18 g. Of the funds allocated in this subsection, $8,500 $17,000 19 shall be used by the department of human services to support 20 the interstate commission for juveniles in accordance with 21 the interstate compact for juveniles as provided in section 22 232.173. 23 11. Of the funds appropriated in this section, $2,961,301 24 $5,922,602 is allocated for juvenile delinquent graduated 25 sanctions services. Any state funds saved as a result of 26 efforts by juvenile court services to earn federal Tit. IV-E 27 match for juvenile court services administration may be used 28 for the juvenile delinquent graduated sanctions services. 29 12. Of the funds appropriated in this section, $494,142 30 $988,285 shall be transferred to the department of public 31 health to be used for the child protection center grant program 32 in accordance with section 135.118. 33 13. If the department receives federal approval to 34 implement a waiver under Tit. IV-E of the federal Social 35 -43- LSB 5107XG (62) 84 pf/jp 43/ 101
S.F. _____ H.F. _____ Security Act to enable providers to serve children who remain 1 in the children’s families and communities, for purposes of 2 eligibility under the medical assistance program, children who 3 participate in the waiver shall be considered to be placed in 4 foster care. 5 14. Of the funds appropriated in this section, $1,534,916 6 $3,092,375 is allocated for the preparation for adult living 7 program pursuant to section 234.46. 8 15. Of the funds appropriated in this section, $260,075 9 $520,150 shall be used for juvenile drug courts. The amount 10 allocated in this subsection shall be distributed as follows: 11 To the judicial branch for salaries to assist with the 12 operation of juvenile drug court programs operated in the 13 following jurisdictions: 14 a. Marshall county: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,354 16 62,708 17 b. Woodbury county: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,841 19 125,682 20 c. Polk county: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,946 22 195,892 23 d. The third judicial district: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 25 67,934 26 e. The eighth judicial district: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 28 67,934 29 16. Of the funds appropriated in this section, $113,668 30 $227,337 shall be used for the public purpose of providing a 31 grant to a nonprofit human services organization providing 32 services to individuals and families in multiple locations in 33 southwest Iowa and Nebraska for support of a project providing 34 immediate, sensitive support and forensic interviews, medical 35 -44- LSB 5107XG (62) 84 pf/jp 44/ 101
S.F. _____ H.F. _____ exams, needs assessments, and referrals for victims of child 1 abuse and their nonoffending family members. 2 17. Of the funds appropriated in this section, $62,795 3 $125,590 is allocated for the elevate foster care youth council 4 approach of providing a support network to children placed in 5 foster care. 6 18. Of the funds appropriated in this section, $101,000 7 $202,000 is allocated for use pursuant to section 235A.1 for 8 continuation of the initiative to address child sexual abuse 9 implemented pursuant to 2007 Iowa Acts, chapter 218, section 10 18, subsection 21. 11 19. Of the funds appropriated in this section, $315,120 12 $630,240 is allocated for the community partnership for child 13 protection sites. 14 20. Of the funds appropriated in this section, $185,625 15 $371,250 is allocated for the department’s minority youth and 16 family projects under the redesign of the child welfare system. 17 21. Of the funds appropriated in this section, $600,247 18 $1,200,495 is allocated for funding of the state match for 19 community circle of care collaboration for children and 20 youth in northeast Iowa, formerly referred to as the federal 21 substance abuse and mental health services administration 22 (SAMHSA) system of care grant. 23 22. Of the funds appropriated in this section, at least 24 $73,579 $147,158 shall be used for the child welfare training 25 academy. 26 23. Of the funds appropriated in this section, $12,500 27 $25,000 shall be used for the public purpose of continuation 28 of a grant to a child welfare services provider headquartered 29 in a county with a population between 205,000 and 215,000 in 30 the latest certified federal census that provides multiple 31 services including but not limited to a psychiatric medical 32 institution for children, shelter, residential treatment, after 33 school programs, school-based programming, and an Asperger’s 34 syndrome program, to be used for support services for children 35 -45- LSB 5107XG (62) 84 pf/jp 45/ 101
S.F. _____ H.F. _____ with autism spectrum disorder and their families. 1 24. Of the funds appropriated in this section $125,000 2 $250,000 shall be used for continuation of the central Iowa 3 system of care program grant through June 30, 2013. 4 25. Of the funds appropriated in this section, $80,000 5 $160,000 shall be used for the public purpose of the 6 continuation of a system of care grant implemented in Cerro 7 Gordo and Linn counties in accordance with this Act in FY 8 2011-2012. 9 Sec. 28. 2011 Iowa Acts, chapter 129, is amended by adding 10 the following new section: 11 NEW SECTION . SEC. 128A. CHILDREN AND YOUTH PROGRAMS. There 12 is appropriated from the general fund of the state to the 13 department of human services for the fiscal year beginning July 14 1, 2011, and ending June 30, 2012, the following amounts, or 15 so much thereof as is necessary, to be used for the purposes 16 designated: 17 1. For the community circle of care collaboration for 18 children and youth in northeast Iowa, formerly known as the 19 federal substance abuse and mental health administration 20 (SAMHSA) system of care grant: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 236,100 22 2. For the central Iowa system of care program grant for 23 children and youth: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,947 25 Sec. 29. 2011 Iowa Acts, chapter 129, section 129, is 26 amended to read as follows: 27 SEC. 129. ADOPTION SUBSIDY. 28 1. There is appropriated from the general fund of the 29 state to the department of human services for the fiscal year 30 beginning July 1, 2012, and ending June 30, 2013, the following 31 amount, or so much thereof as is necessary, to be used for the 32 purpose designated: 33 For adoption subsidy payments and services: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,633,295 35 -46- LSB 5107XG (62) 84 pf/jp 46/ 101
S.F. _____ H.F. _____ 31,526,402 1 2. The department may transfer funds appropriated in 2 this section to the appropriation made in this division of 3 this Act for general administration for costs paid from the 4 appropriation relating to adoption subsidy. 5 3. Federal funds received by the state during the 6 fiscal year beginning July 1, 2012, as the result of the 7 expenditure of state funds during a previous state fiscal 8 year for a service or activity funded under this section are 9 appropriated to the department to be used as additional funding 10 for the services and activities funded under this section. 11 Notwithstanding section 8.33, moneys received in accordance 12 with this subsection that remain unencumbered or unobligated 13 at the close of the fiscal year shall not revert to any fund 14 but shall remain available for expenditure for the purposes 15 designated until the close of the succeeding fiscal year. 16 Sec. 30. 2011 Iowa Acts, chapter 129, section 130, is 17 amended to read as follows: 18 SEC. 130. JUVENILE DETENTION HOME FUND. Moneys deposited 19 in the juvenile detention home fund created in section 232.142 20 during the fiscal year beginning July 1, 2012, and ending June 21 30, 2013, are appropriated to the department of human services 22 for the fiscal year beginning July 1, 2012, and ending June 30, 23 2013, for distribution of an amount equal to a percentage of 24 the costs of the establishment, improvement, operation, and 25 maintenance of county or multicounty juvenile detention homes 26 in the fiscal year beginning July 1, 2011. Moneys appropriated 27 for distribution in accordance with this section shall be 28 allocated among eligible detention homes, prorated on the basis 29 of an eligible detention home’s proportion of the costs of all 30 eligible detention homes in the fiscal year beginning July 31 1, 2011. The percentage figure shall be determined by the 32 department based on the amount available for distribution for 33 the fund. Notwithstanding section 232.142, subsection 3, Code 34 Supplement 2011, the financial aid payable by the state under 35 -47- LSB 5107XG (62) 84 pf/jp 47/ 101
S.F. _____ H.F. _____ that provision for the fiscal year beginning July 1, 2012, 1 shall be limited to the amount appropriated for the purposes of 2 this section. 3 Sec. 31. 2011 Iowa Acts, chapter 129, section 131, is 4 amended to read as follows: 5 SEC. 131. FAMILY SUPPORT SUBSIDY PROGRAM. 6 1. There is appropriated from the general fund of the 7 state to the department of human services for the fiscal year 8 beginning July 1, 2012, and ending June 30, 2013, the following 9 amount, or so much thereof as is necessary, to be used for the 10 purpose designated: 11 For the family support subsidy program subject to the 12 enrollment restrictions in section 225C.37, subsection 3: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 583,999 14 1,096,784 15 2. The department shall use at least $192,750 $385,500 16 of the moneys appropriated in this section for the family 17 support center component of the comprehensive family support 18 program under section 225C.47. Not more than $12,500 $25,000 19 of the amount allocated in this subsection shall be used for 20 administrative costs. 21 3. If at any time during the fiscal year, the amount of 22 funding available for the family support subsidy program 23 is reduced from the amount initially used to establish the 24 figure for the number of family members for whom a subsidy 25 is to be provided at any one time during the fiscal year, 26 notwithstanding section 225C.38, subsection 2, the department 27 shall revise the figure as necessary to conform to the amount 28 of funding available. 29 Sec. 32. 2011 Iowa Acts, chapter 129, section 132, is 30 amended to read as follows: 31 SEC. 132. CONNER DECREE. There is appropriated from the 32 general fund of the state to the department of human services 33 for the fiscal year beginning July 1, 2012, and ending June 30, 34 2013, the following amount, or so much thereof as is necessary, 35 -48- LSB 5107XG (62) 84 pf/jp 48/ 101
S.F. _____ H.F. _____ to be used for the purpose designated: 1 For building community capacity through the coordination 2 and provision of training opportunities in accordance with the 3 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 4 Iowa, July 14, 1994): 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,811 6 33,622 7 Sec. 33. 2011 Iowa Acts, chapter 129, section 133, is 8 amended to read as follows: 9 SEC. 133. MENTAL HEALTH INSTITUTES. There is appropriated 10 from the general fund of the state to the department of human 11 services for the fiscal year beginning July 1, 2012, and ending 12 June 30, 2013, the following amounts, or so much thereof as is 13 necessary, to be used for the purposes designated: 14 1. For the state mental health institute at Cherokee for 15 salaries, support, maintenance, and miscellaneous purposes, and 16 for not more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,938,654 18 5,641,037 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 168.50 20 2. For the state mental health institute at Clarinda for 21 salaries, support, maintenance, and miscellaneous purposes, and 22 for not more than the following full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,205,867 24 6,463,337 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 26 3. For the state mental health institute at Independence for 27 salaries, support, maintenance, and miscellaneous purposes, and 28 for not more than the following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,137,842 30 9,804,212 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 32 4. For the state mental health institute at Mount Pleasant 33 for salaries, support, maintenance, and miscellaneous purposes, 34 and for not more than the following full-time equivalent 35 -49- LSB 5107XG (62) 84 pf/jp 49/ 101
S.F. _____ H.F. _____ positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 472,161 2 944,323 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 97.72 4 Sec. 34. 2011 Iowa Acts, chapter 129, section 134, is 5 amended to read as follows: 6 SEC. 134. STATE RESOURCE CENTERS. 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 amounts, or so much thereof as is necessary, to be used for the 11 purposes designated: 12 a. For the state resource center at Glenwood for salaries, 13 support, maintenance, and miscellaneous purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,253,900 15 19,092,576 16 b. For the state resource center at Woodward for salaries, 17 support, maintenance, and miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,392,829 19 13,176,093 20 2. The department may continue to bill for state resource 21 center services utilizing a scope of services approach used for 22 private providers of ICFMR services, in a manner which does not 23 shift costs between the medical assistance program, counties, 24 or other sources of funding for the state resource centers. 25 3. The state resource centers may expand the time-limited 26 assessment and respite services during the fiscal year. 27 4. If the department’s administration and the department 28 of management concur with a finding by a state resource 29 center’s superintendent that projected revenues can reasonably 30 be expected to pay the salary and support costs for a new 31 employee position, or that such costs for adding a particular 32 number of new positions for the fiscal year would be less 33 than the overtime costs if new positions would not be added, 34 the superintendent may add the new position or positions. If 35 -50- LSB 5107XG (62) 84 pf/jp 50/ 101
S.F. _____ H.F. _____ the vacant positions available to a resource center do not 1 include the position classification desired to be filled, the 2 state resource center’s superintendent may reclassify any 3 vacant position as necessary to fill the desired position. The 4 superintendents of the state resource centers may, by mutual 5 agreement, pool vacant positions and position classifications 6 during the course of the fiscal year in order to assist one 7 another in filling necessary positions. 8 5. If existing capacity limitations are reached in 9 operating units, a waiting list is in effect for a service or 10 a special need for which a payment source or other funding 11 is available for the service or to address the special need, 12 and facilities for the service or to address the special need 13 can be provided within the available payment source or other 14 funding, the superintendent of a state resource center may 15 authorize opening not more than two units or other facilities 16 and begin implementing the service or addressing the special 17 need during fiscal year 2012-2013. 18 Sec. 35. 2011 Iowa Acts, chapter 129, section 137, is 19 amended to read as follows: 20 SEC. 137. SEXUALLY VIOLENT PREDATORS. 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, 2012, and ending June 30, 2013, the following 24 amount, or so much thereof as is necessary, to be used for the 25 purpose designated: 26 For costs associated with the commitment and treatment of 27 sexually violent predators in the unit located at the state 28 mental health institute at Cherokee, including costs of legal 29 services and other associated costs, including salaries, 30 support, maintenance, and miscellaneous purposes, and for not 31 more than the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,775,363 33 8,413,668 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 89.50 35 -51- LSB 5107XG (62) 84 pf/jp 51/ 101
S.F. _____ H.F. _____ 95.90 1 2. Unless specifically prohibited by law, if the amount 2 charged provides for recoupment of at least the entire amount 3 of direct and indirect costs, the department of human services 4 may contract with other states to provide care and treatment 5 of persons placed by the other states at the unit for sexually 6 violent predators at Cherokee. The moneys received under 7 such a contract shall be considered to be repayment receipts 8 and used for the purposes of the appropriation made in this 9 section. 10 FIELD OPERATIONS 11 Sec. 36. 2011 Iowa Acts, chapter 129, section 138, 12 unnumbered paragraphs 1 through 3, are amended to read as 13 follows: 14 There is appropriated from the general fund of the state to 15 the department of human services for the fiscal year beginning 16 July 1, 2012, and ending June 30, 2013, the following amount, 17 or so much thereof as is necessary, to be used for the purposes 18 designated: 19 For field operations, including salaries, support, 20 maintenance, and miscellaneous purposes, and for not more than 21 the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,394,960 23 62,315,440 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,781.00 25 Priority in filling full-time equivalent positions shall be 26 given to those positions related to child protection services 27 and eligibility determination for low-income families. 28 GENERAL ADMINISTRATION APPROPRIATION 29 Sec. 37. 2011 Iowa Acts, chapter 129, section 139, 30 unnumbered paragraphs 1 and 2, are amended to read as follows: 31 There is appropriated from the general fund of the state to 32 the department of human services for the fiscal year beginning 33 July 1, 2012, and ending June 30, 2013, the following amount, 34 or so much thereof as is necessary, to be used for the purpose 35 -52- LSB 5107XG (62) 84 pf/jp 52/ 101
S.F. _____ H.F. _____ designated: 1 For general administration, including salaries, support, 2 maintenance, and miscellaneous purposes, and for not more than 3 the following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,298,372 5 15,621,842 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 285.00 7 295.00 8 GENERAL ADMINISTRATION REQUIREMENTS 9 Sec. 38. 2011 Iowa Acts, chapter 129, section 139, 10 subsections 1 through 5, are amended to read as follows: 11 1. Of the funds appropriated in this section, $19,271 12 $38,542 is allocated for the prevention of disabilities policy 13 council established in section 225B.3. 14 2. The department shall report at least monthly to the 15 legislative services agency concerning the department’s 16 operational and program expenditures. 17 3. Of the funds appropriated in this section, $66,150 18 $132,300 shall be used to continue the contract for the 19 provision of a program to provide technical assistance, 20 support, and consultation to providers of habilitation services 21 and home and community-based waiver services for adults with 22 disabilities under the medical assistance program. 23 4. Of the funds appropriated in this section, $88,200 24 $176,400 shall be used to continue the contract to expand 25 the provision of nationally accredited and recognized 26 internet-based training to include mental health and disability 27 services providers. 28 5. Of the funds appropriated in this section, $250,000 29 $500,000 shall be used for continuation of child protection 30 system improvements addressed in 2011 Iowa Acts, House File 31 562, as enacted chapter 28 . 32 Sec. 39. 2011 Iowa Acts, chapter 129, section 140, is 33 amended to read as follows: 34 SEC. 140. VOLUNTEERS. There is appropriated from the 35 -53- LSB 5107XG (62) 84 pf/jp 53/ 101
S.F. _____ H.F. _____ general fund of the state to the department of human services 1 for the fiscal year beginning July 1, 2012, and ending June 30, 2 2013, the following amount, or so much thereof as is necessary, 3 to be used for the purpose designated: 4 For development and coordination of volunteer services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,330 6 84,660 7 Sec. 40. 2011 Iowa Acts, chapter 129, section 141, is 8 amended to read as follows: 9 SEC. 141. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 10 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 11 DEPARTMENT OF HUMAN SERVICES. 12 1. a. (1) For the fiscal year beginning July 1, 2012, 13 the total state funding amount for the nursing facility budget 14 shall not exceed $225,457,724 $237,226,901 . 15 (2) The department, in cooperation with nursing facility 16 representatives, shall review projections for state funding 17 expenditures for reimbursement of nursing facilities on a 18 quarterly basis and the department shall determine if an 19 adjustment to the medical assistance reimbursement rate is 20 necessary in order to provide reimbursement within the state 21 funding amount for the fiscal year. Notwithstanding 2001 22 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 23 “c”, and subsection 3, paragraph “a”, subparagraph (2), 24 if the state funding expenditures for the nursing facility 25 budget for the fiscal year is projected to exceed the amount 26 specified in subparagraph (1), the department shall adjust 27 the reimbursement for nursing facilities reimbursed under the 28 case-mix reimbursement system to maintain expenditures of the 29 nursing facility budget within the specified amount for the 30 fiscal year. 31 (3) For the fiscal year beginning July 1, 2012, special 32 population nursing facilities shall be reimbursed in accordance 33 with the methodology in effect on June 30, 2012. 34 b. (1) For the fiscal year beginning July 1, 2012, the 35 -54- LSB 5107XG (62) 84 pf/jp 54/ 101
S.F. _____ H.F. _____ department shall reimburse pharmacy dispensing fees using a 1 single rate of $4.34 $10.00 per prescription or the pharmacy’s 2 usual and customary fee, whichever is lower. However, 3 the department shall adjust the dispensing fee specified 4 in this paragraph to distribute an additional $2,981,980 5 in reimbursements for pharmacy dispensing fees under this 6 paragraph for the fiscal year. 7 (2) The department shall implement an average acquisition 8 cost reimbursement methodology for all drugs covered under the 9 medical assistance program. The methodology shall utilize a 10 survey of pharmacy invoices in determining the reimbursement. 11 Pharmacies and providers that are enrolled in the medical 12 assistance program shall make available drug acquisition cost 13 information, product availability information, and other 14 information deemed necessary by the department to assist the 15 department in monitoring and revising reimbursement rates and 16 for efficient operation of the pharmacy benefit. 17 (a) A pharmacy or provider shall produce and submit the 18 requested information in the manner and format requested by the 19 department or its designee at no cost to the department or its 20 designee. 21 (b) A pharmacy or provider shall submit information to the 22 department or its designee within the time frame indicated 23 following receipt of a request for information unless the 24 department or its designee grants an extension upon written 25 request of the pharmacy or provider. 26 c. (1) For the fiscal year beginning July 1, 2012, 27 reimbursement rates for outpatient hospital services shall 28 remain at the rates in effect on June 30, 2012. 29 (2) For the fiscal year beginning July 1, 2012, 30 reimbursement rates for inpatient hospital services shall 31 remain at the rates in effect on June 30, 2012. 32 (3) For the fiscal year beginning July 1, 2012, the graduate 33 medical education and disproportionate share hospital fund 34 shall remain at the amount in effect on June 30, 2012, except 35 -55- LSB 5107XG (62) 84 pf/jp 55/ 101
S.F. _____ H.F. _____ that the portion of the fund attributable to graduate medical 1 education shall be reduced in an amount that reflects the 2 elimination of graduate medical education payments made to 3 out-of-state hospitals. 4 (4) In order to ensure the efficient use of limited state 5 funds in procuring health care services for low-income Iowans, 6 funds appropriated in this Act for hospital services shall 7 not be used for activities which would be excluded from a 8 determination of reasonable costs under the federal Medicare 9 program pursuant to 42 U.S.C. § 1395X(v)(1)(N). 10 d. For the fiscal year beginning July 1, 2012, reimbursement 11 rates for rural health clinics, hospices, and acute mental 12 hospitals shall be increased in accordance with increases under 13 the federal Medicare program or as supported by their Medicare 14 audited costs. 15 e. For the fiscal year beginning July 1, 2012, independent 16 laboratories and rehabilitation agencies shall be reimbursed 17 using the same methodology in effect on June 30, 2012. 18 f. For the fiscal year beginning July 1, 2012, reimbursement 19 rates for home health agencies shall remain at the rates in 20 effect on June 30, 2012, not to exceed a home health agency’s 21 actual allowable cost. 22 g. For the fiscal year beginning July 1, 2012, federally 23 qualified health centers shall receive cost-based reimbursement 24 for 100 percent of the reasonable costs for the provision of 25 services to recipients of medical assistance. 26 h. For the fiscal year beginning July 1, 2012, the 27 reimbursement rates for dental services shall remain at the 28 rates in effect on June 30, 2012. 29 i. (1) For the fiscal year beginning July 1, 2012, 30 state-owned psychiatric medical institutions for children shall 31 receive cost-based reimbursement for 100 percent of the actual 32 and allowable costs for the provision of services to recipients 33 of medical assistance. 34 (2) For the nonstate-owned psychiatric medical institutions 35 -56- LSB 5107XG (62) 84 pf/jp 56/ 101
S.F. _____ H.F. _____ for children, reimbursement rates shall be based on the 1 reimbursement methodology developed by the department as 2 required for federal compliance. 3 (3) As a condition of participation in the medical 4 assistance program, enrolled providers shall accept the medical 5 assistance reimbursement rate for any covered goods or services 6 provided to recipients of medical assistance who are children 7 under the custody of a psychiatric medical institution for 8 children. 9 j. For the fiscal year beginning July 1, 2012, unless 10 otherwise specified in this Act, all noninstitutional medical 11 assistance provider reimbursement rates shall remain at the 12 rates in effect on June 30, 2012, except for area education 13 agencies, local education agencies, infant and toddler services 14 providers, and those providers whose rates are required to be 15 determined pursuant to section 249A.20. 16 k. Notwithstanding any provision to the contrary, for the 17 fiscal year beginning July 1, 2012, the reimbursement rate for 18 anesthesiologists shall remain at the rate in effect on June 19 30, 2012. 20 l. Notwithstanding section 249A.20, for the fiscal year 21 beginning July 1, 2012, the average reimbursement rate for 22 health care providers eligible for use of the federal Medicare 23 resource-based relative value scale reimbursement methodology 24 under that section shall remain at the rate in effect on June 25 30, 2012; however, this rate shall not exceed the maximum level 26 authorized by the federal government. 27 m. For the fiscal year beginning July 1, 2012, the 28 reimbursement rate for residential care facilities shall not 29 be less than the minimum payment level as established by the 30 federal government to meet the federally mandated maintenance 31 of effort requirement. The flat reimbursement rate for 32 facilities electing not to file annual cost reports shall not 33 be less than the minimum payment level as established by the 34 federal government to meet the federally mandated maintenance 35 -57- LSB 5107XG (62) 84 pf/jp 57/ 101
S.F. _____ H.F. _____ of effort requirement. 1 n. For the fiscal year beginning July 1, 2012, inpatient 2 mental health services provided at hospitals shall remain at 3 the rates in effect on June 30, 2012, subject to Medicaid 4 program upper payment limit rules; community mental health 5 centers and providers of mental health services to county 6 residents pursuant to a waiver approved under section 225C.7, 7 subsection 3, shall be reimbursed at 100 percent of the 8 reasonable costs for the provision of services to recipients of 9 medical assistance; and psychiatrists shall be reimbursed at 10 the medical assistance program fee for service rate. 11 o. For the fiscal year beginning July 1, 2012, the 12 reimbursement rate for consumer-directed attendant care shall 13 remain at the rates in effect on June 30, 2012. 14 p. For the fiscal year beginning July 1, 2012, the 15 reimbursement rate for providers of family planning services 16 that are eligible to receive a 90 percent federal match shall 17 remain at the rates in effect on June 30, 2012. 18 q. For the fiscal year beginning July 1, 2012, the 19 department shall adjust the rates in effect on June 30, 2012, 20 reimbursement rate for providers of home and community-based 21 services waiver services to distribute an additional $1,500,000 22 in reimbursements to such providers for the fiscal year shall 23 remain at the rate in effect on June 30, 2012 . 24 2. For the fiscal year beginning July 1, 2012, the 25 reimbursement rate for providers reimbursed under the 26 in-home-related care program shall not be less than the minimum 27 payment level as established by the federal government to meet 28 the federally mandated maintenance of effort requirement. 29 3. Unless otherwise directed in this section, when the 30 department’s reimbursement methodology for any provider 31 reimbursed in accordance with this section includes an 32 inflation factor, this factor shall not exceed the amount 33 by which the consumer price index for all urban consumers 34 increased during the calendar year ending December 31, 2002. 35 -58- LSB 5107XG (62) 84 pf/jp 58/ 101
S.F. _____ H.F. _____ 4. For the fiscal year beginning July 1, 2012, 1 notwithstanding section 234.38, the foster family basic daily 2 maintenance rate and the maximum adoption subsidy rate for 3 children ages 0 through 5 years shall be $15.74, the rate for 4 children ages 6 through 11 years shall be $16.37, the rate for 5 children ages 12 through 15 years shall be $17.92, and the 6 rate for children and young adults ages 16 and older shall be 7 $18.16. The maximum supervised apartment living foster care 8 reimbursement rate shall be $25.00 per day. For youth ages 9 18 to 21 who have exited foster care, the maximum preparation 10 for adult living program maintenance rate shall be $574.00 per 11 month. The maximum payment for adoption subsidy nonrecurring 12 expenses shall be limited to $500 and the disallowance of 13 additional amounts for court costs and other related legal 14 expenses implemented pursuant to 2010 Iowa Acts, chapter 1031, 15 section 408 shall be continued. 16 5. For the fiscal year beginning July 1, 2012, the maximum 17 reimbursement rates under the supervised apartment living 18 program and for social services providers under contract 19 shall remain at the rates in effect on June 30, 2012, or the 20 provider’s actual and allowable cost plus inflation for each 21 service, whichever is less. However, if a new service or 22 service provider is added after June 30, 2012, the initial 23 reimbursement rate for the service or provider shall be 24 based upon actual and allowable costs. Providers may also 25 be eligible for an additional amount as specified under the 26 department’s request for proposal, bid number ACFS-11-115. 27 6. For the fiscal year beginning July 1, 2012, the 28 reimbursement rates for family-centered service providers, 29 family foster care service providers, group foster care service 30 providers, and the resource family recruitment and retention 31 contractor shall remain at the rates in effect on June 30, 32 2012. 33 7. The group foster care reimbursement rates paid for 34 placement of children out of state shall be calculated 35 -59- LSB 5107XG (62) 84 pf/jp 59/ 101
S.F. _____ H.F. _____ according to the same rate-setting principles as those used for 1 in-state providers, unless the director of human services or 2 the director’s designee determines that appropriate care cannot 3 be provided within the state. The payment of the daily rate 4 shall be based on the number of days in the calendar month in 5 which service is provided. 6 8. a. For the fiscal year beginning July 1, 2012, the 7 reimbursement rate paid for shelter care and the child welfare 8 emergency services implemented to provide or prevent the need 9 for shelter care shall be established in a contract based on 10 the requirements of the department’s request for proposal, bid 11 number ACFS-11-114. 12 b. For the fiscal year beginning July 1, 2012, the combined 13 service and maintenance components of the reimbursement rate 14 paid for shelter care services shall be based on the financial 15 and statistical report submitted to the department. The 16 maximum reimbursement rate shall be $92.36 per day. The 17 department shall reimburse a shelter care provider at the 18 provider’s actual and allowable unit cost, plus inflation, not 19 to exceed the maximum reimbursement rate. 20 c. Notwithstanding section 232.141, subsection 8, for the 21 fiscal year beginning July 1, 2012, the amount of the statewide 22 average of the actual and allowable rates for reimbursement of 23 juvenile shelter care homes that is utilized for the limitation 24 on recovery of unpaid costs shall remain at the amount in 25 effect for this purpose in the fiscal year beginning July 1, 26 2011. 27 9. For the fiscal year beginning July 1, 2012, the 28 department shall calculate reimbursement rates for intermediate 29 care facilities for persons with mental retardation at the 30 80th percentile. Beginning July 1, 2012, the rate calculation 31 methodology shall utilize the consumer price index inflation 32 factor applicable to the fiscal year beginning July 1, 2012. 33 10. For the fiscal year beginning July 1, 2012, for child 34 care providers reimbursed under the state child care assistance 35 -60- LSB 5107XG (62) 84 pf/jp 60/ 101
S.F. _____ H.F. _____ program, the department shall set provider reimbursement 1 rates based on the rate reimbursement survey completed in 2 December 2004. Effective July 1, 2012, the child care provider 3 reimbursement rates shall remain at the rates in effect on June 4 30, 2012. The department shall set rates in a manner so as 5 to provide incentives for a nonregistered provider to become 6 registered by applying the increase only to registered and 7 licensed providers. 8 11. The department may adopt emergency rules to implement 9 this section. 10 Sec. 41. 2011 Iowa Acts, chapter 129, section 142, is 11 amended to read as follows: 12 SEC. 142. EMERGENCY RULES. 13 1. If specifically authorized by a provision of this 14 division of this Act, the department of human services or 15 the mental health , and disability services commission may 16 adopt administrative rules under section 17A.4, subsection 17 3, and section 17A.5, subsection 2, paragraph “b”, to 18 implement the provisions and the rules shall become effective 19 immediately upon filing or on a later effective date specified 20 in the rules, unless the effective date is delayed by the 21 administrative rules review committee. Any rules adopted in 22 accordance with this section shall not take effect before 23 the rules are reviewed by the administrative rules review 24 committee. The delay authority provided to the administrative 25 rules review committee under section 17A.4, subsection 7, and 26 section 17A.8, subsection 9, shall be applicable to a delay 27 imposed under this section, notwithstanding a provision in 28 those sections making them inapplicable to section 17A.5, 29 subsection 2, paragraph “b”. Any rules adopted in accordance 30 with the provisions of this section shall also be published as 31 notice of intended action as provided in section 17A.4. 32 2. If during the fiscal year beginning July 1, 2012, the 33 department of human services is adopting rules in accordance 34 with this section or as otherwise directed or authorized by 35 -61- LSB 5107XG (62) 84 pf/jp 61/ 101
S.F. _____ H.F. _____ state law, and the rules will result in an expenditure increase 1 beyond the amount anticipated in the budget process or if the 2 expenditure was not addressed in the budget process for the 3 fiscal year, the department shall notify the persons designated 4 by this division of this Act for submission of reports, 5 the chairpersons and ranking members of the committees on 6 appropriations, and the department of management concerning the 7 rules and the expenditure increase. The notification shall be 8 provided at least 30 calendar days prior to the date notice of 9 the rules is submitted to the administrative rules coordinator 10 and the administrative code editor. 11 Sec. 42. 2011 Iowa Acts, chapter 129, section 143, is 12 amended to read as follows: 13 SEC. 143. REPORTS. Any reports or other information 14 required to be compiled and submitted under this Act shall be 15 submitted to the chairpersons and ranking members of the joint 16 appropriations subcommittee on health and human services, the 17 legislative services agency, and the legislative caucus staffs 18 on or before the dates specified for submission of the reports 19 or information. 20 DIVISION V 21 PHARMACEUTICAL SETTLEMENT ACCOUNT, 22 IOWACARE ACCOUNT, NONPARTICIPATING PROVIDER 23 REIMBURSEMENT FUND, HEALTH CARE TRANSFORMATION ACCOUNT, 24 MEDICAID FRAUD FUND, QUALITY ASSURANCE TRUST FUND, 25 AND HOSPITAL HEALTH CARE ACCESS TRUST FUND —— FY 2012-2013 26 Sec. 43. 2011 Iowa Acts, chapter 129, section 145, is 27 amended to read as follows: 28 SEC. 145. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 29 appropriated from the pharmaceutical settlement account created 30 in section 249A.33 to the department of human services for the 31 fiscal year beginning July 1, 2012, and ending June 30, 2013, 32 the following amount, or so much thereof as is necessary, to be 33 used for the purpose designated: 34 Notwithstanding any provision of law to the contrary, to 35 -62- LSB 5107XG (62) 84 pf/jp 62/ 101
S.F. _____ H.F. _____ supplement the appropriations made in this Act for medical 1 contracts under the medical assistance program for the fiscal 2 year beginning July 1, 2012, and ending June 30, 2013 : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,716,807 4 Sec. 44. 2011 Iowa Acts, chapter 129, section 146, is 5 amended to read as follows: 6 SEC. 146. APPROPRIATIONS FROM IOWACARE ACCOUNT. 7 1. There is appropriated from the IowaCare account 8 created in section 249J.24 to the state board of regents for 9 distribution to the university of Iowa hospitals and clinics 10 for the fiscal year beginning July 1, 2012, and ending June 30, 11 2013, the following amount, or so much thereof as is necessary, 12 to be used for the purposes designated: 13 For salaries, support, maintenance, equipment, and 14 miscellaneous purposes, for the provision of medical and 15 surgical treatment of indigent patients, for provision of 16 services to members of the expansion population pursuant to 17 chapter 249J, and for medical education: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,284,584 19 a. (1) Funds appropriated in this subsection used for 20 abortions shall be used in a manner consistent with options 21 under federal Medicaid law and regulation. 22 (2) Iowans support reducing the number of abortions 23 performed in our state. For an abortion covered under this 24 subsection, except in the case of a medical emergency, as 25 defined in section 135L.1, for any woman, the physician shall 26 certify both of the following: 27 (a) That the woman has been given the opportunity to view an 28 ultrasound image of the fetus as part of the standard of care 29 before an abortion is performed. 30 (b) That the woman has been provided information regarding 31 the options relative to a pregnancy, including continuing the 32 pregnancy to term and retaining parental rights following the 33 child’s birth, continuing the pregnancy to term and placing the 34 child for adoption, and terminating the pregnancy. 35 -63- LSB 5107XG (62) 84 pf/jp 63/ 101
S.F. _____ H.F. _____ b. Notwithstanding any provision of law to the contrary, 1 the amount appropriated in this subsection shall be distributed 2 based on claims submitted, adjudicated, and paid by the Iowa 3 Medicaid enterprise. 4 c. The university of Iowa hospitals and clinics shall 5 certify public expenditures in an amount equal to provide 6 the nonfederal share on total expenditures not to exceed 7 $20,000,000. 8 2. There is appropriated from the IowaCare account 9 created in section 249J.24 to the state board of regents for 10 distribution to the university of Iowa hospitals and clinics 11 for the fiscal year beginning July 1, 2012, and ending June 30, 12 2013, the following amount, or so much thereof as is necessary, 13 to be used for the purposes designated: 14 For salaries, support, maintenance, equipment, and 15 miscellaneous purposes, for the provision of medical and 16 surgical treatment of indigent patients, for provision of 17 services to members of the expansion population pursuant to 18 chapter 249J, and for medical education: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,226,279 20 45,654,133 21 Notwithstanding any provision of law to the contrary, the 22 amount appropriated in this subsection shall be distributed 23 based on claims submitted, adjudicated, and paid by the Iowa 24 Medicaid enterprise. 25 3. There is appropriated from the IowaCare account 26 created in section 249J.24, to the state board of regents for 27 distribution to university of Iowa physicians for the fiscal 28 year beginning July 1, 2012, and ending June 30, 2013, the 29 following amount, or so much thereof as is necessary to be used 30 for the purposes designated: 31 For salaries, support, maintenance, equipment, and 32 miscellaneous purposes for the provision of medical and 33 surgical treatment of indigent patients, for provision of 34 services to members of the expansion population pursuant to 35 -64- LSB 5107XG (62) 84 pf/jp 64/ 101
S.F. _____ H.F. _____ chapter 249J, and for medical education: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,277,753 2 Notwithstanding any provision of law to the contrary, the 3 amount appropriated in this subsection shall be distributed 4 based on claims submitted, adjudicated, and paid by the Iowa 5 Medicaid enterprise. Once the entire amount appropriated in 6 this subsection has been distributed, claims shall continue to 7 be submitted and adjudicated by the Iowa Medicaid enterprise; 8 however, no payment shall be made based upon such claims. 9 4. There is appropriated from the IowaCare account created 10 in section 249J.24 to the department of human services for the 11 fiscal year beginning July 1, 2012, and ending June 30, 2013, 12 the following amount, or so much thereof as is necessary, to be 13 used for the purposes designated: 14 For distribution to a publicly owned acute care teaching 15 hospital located in a county with a population over 350,000 for 16 the provision of medical and surgical treatment of indigent 17 patients, for provision of services to members of the expansion 18 population pursuant to chapter 249J, and for medical education: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000,000 20 69,000,000 21 a. Notwithstanding any provision of law to the contrary, 22 the amount appropriated in this subsection shall be distributed 23 based on claims submitted, adjudicated, and paid by the Iowa 24 Medicaid enterprise plus a monthly disproportionate share 25 hospital payment. Any amount appropriated in this subsection 26 in excess of $60,000,000 shall be distributed only if the sum 27 of the expansion population claims adjudicated and paid by the 28 Iowa Medicaid enterprise plus the estimated disproportionate 29 share hospital payments exceeds $60,000,000. The amount paid 30 in excess of $60,000,000 shall not adjust the original monthly 31 payment amount but shall be distributed monthly based on actual 32 claims adjudicated and paid by the Iowa Medicaid enterprise 33 plus the estimated disproportionate share hospital amount. Any 34 amount appropriated in this subsection in excess of $60,000,000 35 -65- LSB 5107XG (62) 84 pf/jp 65/ 101
S.F. _____ H.F. _____ shall be allocated only if federal funds are available to match 1 the amount allocated. Pursuant to paragraph “b”, of the amount 2 appropriated in this subsection, not more than $4,000,000 shall 3 be distributed for prescription drugs , and podiatry services 4 and optometric services . 5 b. Notwithstanding any provision of law to the contrary, the 6 hospital identified in this subsection, shall be reimbursed for 7 outpatient prescription drugs and podiatry services provided to 8 members of the expansion population pursuant to all applicable 9 medical assistance program rules, in an amount not to exceed 10 $4,000,000. 11 c. Notwithstanding the total amount of proceeds distributed 12 pursuant to section 249J.24, subsection 4, paragraph “a”, 13 unnumbered paragraph 1, for the fiscal year beginning July 14 1, 2012, and ending June 30, 2013, the county treasurer of a 15 county with a population of over 350,000 in which a publicly 16 owned acute care teaching hospital is located shall distribute 17 the proceeds collected pursuant to section 347.7 in a total 18 amount of $38,000,000, which would otherwise be distributed to 19 the county hospital, to the treasurer of state for deposit in 20 the IowaCare account. 21 d. (1) Notwithstanding the amount collected and 22 distributed for deposit in the IowaCare account pursuant to 23 section 249J.24, subsection 4, paragraph “a”, subparagraph 24 (1), the first $19,000,000 in proceeds collected pursuant to 25 section 347.7 between July 1, 2012, and December 31, 2012, 26 shall be distributed to the treasurer of state for deposit in 27 the IowaCare account and collections during this time period 28 in excess of $19,000,000 shall be distributed to the acute 29 care 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 (1), $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 January 2013, following the July 1 through December 35 -66- LSB 5107XG (62) 84 pf/jp 66/ 101
S.F. _____ H.F. _____ 31, 2012, period. 1 (2) Notwithstanding the amount collected and distributed 2 for deposit in the IowaCare account pursuant to section 3 249J.24, subsection 4, paragraph “a”, subparagraph (2), 4 the first $19,000,000 in collections pursuant to section 5 347.7 between January 1, 2013, and June 30, 2013, shall be 6 distributed to the treasurer of state for deposit in the 7 IowaCare account and collections during this time period in 8 excess of $19,000,000 shall be distributed to the acute care 9 teaching hospital identified in this subsection. Of the 10 collections in excess of the $19,000,000 received by the acute 11 care teaching hospital under this subparagraph (2), $2,000,000 12 shall be distributed by the acute care teaching hospital to the 13 treasurer of state for deposit in the IowaCare account in the 14 month of July 2013, following the January 1 through June 30, 15 2013, period. 16 5. There is appropriated from the IowaCare account created 17 in section 249J.24 to the department of human services for the 18 fiscal year beginning July 1, 2012, and ending June 30, 2013, 19 the following amount, or so much thereof as is necessary to be 20 used for the purpose designated: 21 For payment to the regional provider network specified 22 by the department pursuant to section 249J.7 for provision 23 of covered services to members of the expansion population 24 pursuant to chapter 249J: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,472,176 26 4,986,366 27 Notwithstanding any provision of law to the contrary, the 28 amount appropriated in this subsection shall be distributed 29 based on claims submitted, adjudicated, and paid by the Iowa 30 Medicaid enterprise. Once the entire amount appropriated in 31 this subsection has been distributed, claims shall continue to 32 be submitted and adjudicated by the Iowa Medicaid enterprise; 33 however, no payment shall be made based upon such claims. 34 6. There is appropriated from the IowaCare account created 35 -67- LSB 5107XG (62) 84 pf/jp 67/ 101
S.F. _____ H.F. _____ in section 249J.24 to the department of human services for the 1 fiscal year beginning July 1, 2012, and ending June 30, 2013, 2 the following amount, or so much thereof as is necessary to be 3 used for the purposes designated: 4 For a care coordination pool to pay the expansion population 5 providers consisting of the university of Iowa hospitals and 6 clinics, the publicly owned acute care teaching hospital as 7 specified in section 249J.7, and current medical assistance 8 program providers that are not expansion population network 9 providers pursuant to section 249J.7, for services covered by 10 the full benefit medical assistance program but not under the 11 IowaCare program pursuant to section 249J.6, that are provided 12 to expansion population members: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 14 a. Notwithstanding sections 249J.6 and 249J.7, the amount 15 appropriated in this subsection is intended to provide 16 payment for medically necessary services provided to expansion 17 population members for continuation of care provided by the 18 university of Iowa hospitals and clinics or the publicly owned 19 acute care teaching hospital as specified in section 249J.7. 20 Payment may only be made for services that are not otherwise 21 covered under section 249J.6, and which are follow-up services 22 to covered services provided by the hospitals specified in this 23 paragraph “a”. 24 b. The funds appropriated in this subsection are intended 25 to provide limited payment for continuity of care services for 26 an expansion population member, and are intended to cover the 27 costs of services to expansion population members, regardless 28 of the member’s county of residence or medical home assignment, 29 if the care is related to specialty or hospital services 30 provided by the hospitals specified in paragraph “a”. 31 c. The funds appropriated in this subsection are 32 not intended to provide for expanded coverage under the 33 IowaCare program, and shall not be used to cover emergency 34 transportation services. 35 -68- LSB 5107XG (62) 84 pf/jp 68/ 101
S.F. _____ H.F. _____ d. The department shall adopt administrative rules pursuant 1 to chapter 17A to establish a prior authorization process and 2 to identify covered services for reimbursement under this 3 subsection. 4 7. There is appropriated from the IowaCare account created 5 in section 249J.24 to the department of human services for the 6 fiscal year beginning July 1, 2012, and ending June 30, 2013, 7 the following amount or so much thereof as is necessary to be 8 used for the purposes designated: 9 For a laboratory test and radiology pool for services 10 authorized by a federally qualified health center designated 11 by the department as part of the IowaCare regional provider 12 network that does not have the capability to provide these 13 services on site: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 15 Notwithstanding sections 249J.6 and 249J.7, the amount 16 appropriated in this subsection is intended to provide 17 reimbursement for services provided to expansion population 18 members that have previously been paid for through expenditure 19 by designated regional provider network providers of their 20 own funds, not to expand coverage under the IowaCare program 21 or to expand the expansion population provider network. The 22 department shall designate the laboratory and radiology 23 provider associated with each designated regional provider 24 network provider that may receive reimbursement. The 25 department shall adopt administrative rules pursuant to chapter 26 17A to establish a prior authorization process and to identify 27 covered services for reimbursement under this subsection. 28 All other medical assistance program payment policies and 29 rules for laboratory and radiology services shall apply to 30 services provided under this subsection. If the entire amount 31 appropriated under this subsection is expended, laboratory 32 tests and radiology services ordered by a designated regional 33 provider network provider shall be the financial responsibility 34 of the regional provider network provider. 35 -69- LSB 5107XG (62) 84 pf/jp 69/ 101
S.F. _____ H.F. _____ Sec. 45. 2011 Iowa Acts, chapter 129, section 147, is 1 amended to read as follows: 2 SEC. 147. APPROPRIATIONS FROM NONPARTICIPATING PROVIDER 3 REIMBURSEMENT FUND —— DEPARTMENT OF HUMAN SERVICES. 4 Notwithstanding any provision to the contrary, and subject 5 to the availability of funds, there is appropriated from the 6 nonparticipating provider reimbursement fund created in section 7 249J.24A to the department of human services for the fiscal 8 year beginning July 1, 2012, and ending June 30, 2013, the 9 following amount or so much thereof as is necessary for the 10 purposes designated: 11 To reimburse nonparticipating providers in accordance with 12 section 249J.24A: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 14 ACCOUNT FOR HEALTH CARE TRANSFORMATION 15 Sec. 46. 2011 Iowa Acts, chapter 129, section 148, 16 subsections 1 through 13, 15, and 16, are amended to read as 17 follows: 18 1. For the provision of an IowaCare nurse helpline for the 19 expansion population as provided in section 249J.6: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 21 100,000 22 2. For other health promotion partnership activities 23 pursuant to section 249J.14: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 25 600,000 26 3. For the costs related to audits, performance 27 evaluations, and studies required pursuant to chapter 249J: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 29 125,000 30 4. For administrative costs associated with chapter 249J: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 566,206 32 1,132,412 33 5. For planning and development, in cooperation with the 34 department of public health, of a phased-in program to provide 35 -70- LSB 5107XG (62) 84 pf/jp 70/ 101
S.F. _____ H.F. _____ a dental home for children in accordance with section 249J.14: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 2 1,000,000 3 6. For continuation of the establishment of the tuition 4 assistance for individuals serving individuals with 5 disabilities pilot program, as enacted in 2008 Iowa Acts, 6 chapter 1187, section 130: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 8 50,000 9 7. For medical contracts: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 11 2,400,000 12 8. For payment to the publicly owned acute care teaching 13 hospital located in a county with a population of over 350,000 14 that is a participating provider pursuant to chapter 249J: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,000 16 290,000 17 Disbursements under this subsection shall be made monthly. 18 The hospital shall submit a report following the close of the 19 fiscal year regarding use of the funds appropriated in this 20 subsection to the persons specified in this Act to receive 21 reports. 22 9. For transfer to the department of public health to be 23 used for the costs of medical home system advisory council 24 established pursuant to section 135.159: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,679 26 233,357 27 10. For continued implementation of a uniform cost report: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 29 150,000 30 11. For continued implementation of an electronic medical 31 records system: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 33 100,000 34 Notwithstanding section 8.33, funds allocated in this 35 -71- LSB 5107XG (62) 84 pf/jp 71/ 101
S.F. _____ H.F. _____ subsection that remain unencumbered or unobligated at the close 1 of the fiscal year shall not revert but shall remain available 2 in succeeding fiscal years to be used for the purposes 3 designated. 4 12. For transfer to the department of public health to 5 support the department’s activities relating to health and 6 long-term care access as specified pursuant to chapter 135, 7 division XXIV: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,107 9 134,214 10 13. For continuation of an accountable care organization 11 pilot project: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 13 100,000 14 15. For transfer to the department of public health to 15 be used as state matching funds for the health information 16 technology system developed by the department of public health: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 181,993 18 363,987 19 16. To supplement the appropriation for medical assistance: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,956,245 21 Sec. 47. 2011 Iowa Acts, chapter 129, section 150, is 22 amended to read as follows: 23 SEC. 150. MEDICAID FRAUD ACCOUNT FUND —— DEPARTMENT OF 24 HUMAN SERVICES. There is appropriated from the Medicaid fraud 25 account fund created in section 249A.7 to the department of 26 human services for the fiscal year beginning July 1, 2012, and 27 ending June 30, 2013, the following amount, or so much thereof 28 as is 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 for the fiscal year beginning July 1, 32 2012, and ending June 30, 2013 : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 34 Sec. 48. 2011 Iowa Acts, chapter 129, section 151, is 35 -72- LSB 5107XG (62) 84 pf/jp 72/ 101
S.F. _____ H.F. _____ amended to read as follows: 1 SEC. 151. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 2 HUMAN SERVICES. Notwithstanding any provision to the contrary 3 and 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, 2012, and ending June 30, 2013, the following 7 amounts, or so much thereof as is necessary for the purposes 8 designated: 9 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,000,000 13 26,500,000 14 Sec. 49. 2011 Iowa Acts, chapter 129, section 152, is 15 amended to read as follows: 16 SEC. 152. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 17 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 18 the contrary and subject to the availability of funds, there is 19 appropriated from the hospital health care access trust fund 20 created in section 249M.4 to the department of human services 21 for the fiscal year beginning July 1, 2012, and ending June 22 30, 2013, the following amounts, or so much thereof as is 23 necessary, for the purposes designated: 24 1. To supplement the appropriation made in this Act from the 25 general fund of the state to the department of human services 26 for medical assistance: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,223,800 28 33,898,400 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 33 801,600 34 Sec. 50. REPEAL. 2011 Iowa Acts, chapter 129, sections 149 35 -73- LSB 5107XG (62) 84 pf/jp 73/ 101
S.F. _____ H.F. _____ and 153, are repealed. 1 DIVISION VI 2 CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD ENROLLMENT 3 CONTINGENCY FUND 4 Sec. 51. CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD 5 ENROLLMENT CONTINGENCY FUND —— DIRECTIVES FOR USE OF FUNDS —— 6 FY 2011-2012. 7 1. Moneys received from the federal government through 8 the child enrollment contingency fund established pursuant 9 to section 103 of the federal Children’s Health Insurance 10 Program Reauthorization Act of 2009, Pub. L. No. 111-3, are 11 appropriated to the department of human services for the fiscal 12 year beginning July 1, 2011, and ending June 30, 2012, to be 13 used in addition to any other amounts appropriated for the same 14 purposes for the fiscal year as follows: 15 a. For adoption subsidy payments and services: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,034,521 17 b. For child care programs: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,956,964 19 2. Notwithstanding section 8.39, and to the extent 20 that funds appropriated in this section are unexpended or 21 unobligated for the purposes specified in subsection 1, the 22 department of human services may transfer funds within or 23 between any of the appropriations made in this section for the 24 following purposes: 25 a. For adoption subsidy payments and services. 26 b. For child care assistance. 27 Sec. 52. AUDIT SETTLEMENTS. Moneys received from the 28 federal government through the child enrollment contingency 29 fund established pursuant to section 103 of the federal 30 Children’s Health Insurance Program Reauthorization Act of 31 2009, Pub. L. No. 111-3, are appropriated to the department of 32 human services for the fiscal year beginning July 1, 2011, and 33 ending June 30, 2012, to be used for audit settlements: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,654,238 35 -74- LSB 5107XG (62) 84 pf/jp 74/ 101
S.F. _____ H.F. _____ Notwithstanding section 8.33, moneys appropriated in this 1 section that remain unencumbered or unobligated at the close 2 of the fiscal year shall not revert to any other fund but shall 3 remain available for expenditure for the purposes designated 4 until the close of the succeeding fiscal year. 5 Sec. 53. CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD 6 ENROLLMENT CONTINGENCY FUND —— DIRECTIVES FOR USE OF FUNDS —— 7 FY 2012-2013. 8 1. Moneys received from the federal government through 9 the child enrollment contingency fund established pursuant 10 to section 103 of the federal Children’s Health Insurance 11 Program Reauthorization Act of 2009, Pub. L. No. 111-3, are 12 appropriated to the department of human services for the fiscal 13 year beginning July 1, 2012, and ending June 30, 2013, to be 14 used in addition to any other amounts appropriated for the same 15 purposes for the fiscal year as follows: 16 a. For adoption subsidy payments and services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,290,441 18 b. For child care programs: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,969,021 20 c. For mental health and disability services redesign 21 technical assistance services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 23 d. For the field operations integrity claims unit: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 961,100 25 e. For medical assistance program reimbursement and 26 associated costs: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,950,428 28 2. Notwithstanding section 8.39, and to the extent 29 that funds appropriated in this section are unexpended or 30 unobligated for the purposes specified in subsection 1, 31 paragraphs “a” and “b”, for the fiscal year beginning July 32 1, 2012, the department of human services may transfer funds 33 within or between any of the appropriations made in this 34 section for the following purposes: 35 -75- LSB 5107XG (62) 84 pf/jp 75/ 101
S.F. _____ H.F. _____ a. For adoption subsidy payments and services. 1 b. For child care assistance. 2 Sec. 54. EFFECTIVE DATE PROVISIONS. The section of this 3 division of this Act appropriating moneys received through the 4 federal Child Enrollment Contingency Fund for the fiscal year 5 beginning July 1, 2011, and ending June 30, 2012, being deemed 6 of immediate importance, take effect upon enactment. 7 Sec. 55. RETROACTIVE APPLICABILITY. The sections of this 8 division of this Act appropriating moneys received through 9 the federal Child Enrollment Contingency Fund for the fiscal 10 year beginning July 1, 2011, and ending June 30, 2012, apply 11 retroactively to July 1, 2011. 12 DIVISION VII 13 PRIOR APPROPRIATIONS AND RELATED CHANGES 14 INJURED VETERANS GRANT PROGRAM 15 Sec. 56. 2008 Iowa Acts, chapter 1187, section 69, 16 unnumbered paragraph 1, as amended by 2009 Iowa Acts, chapter 17 182, section 83, 2010 Iowa Acts, chapter 1192, section 56, and 18 2011 Iowa Acts, chapter 129, section 53, is amended to read as 19 follows: 20 Notwithstanding section 8.33 , moneys appropriated in this 21 subsection that remain unencumbered or unobligated at the close 22 of the fiscal year shall not revert but shall remain available 23 for expenditure for the purposes designated until the close of 24 the fiscal year beginning July 1, 2011 2012 . 25 IOWA VETERANS HOME 26 Sec. 57. 2011 Iowa Acts, chapter 129, section 3, subsection 27 2, is amended by adding the following new paragraph: 28 NEW PARAGRAPH . d. The funds appropriated in this subsection 29 to the Iowa veterans home that remain available for expenditure 30 for the succeeding fiscal year pursuant to section 35D.18, 31 subsection 5, shall be distributed to be used in the succeeding 32 fiscal year in accordance with this lettered paragraph. The 33 first $975,919 shall be used for the costs of replacing a 34 boiler at the Iowa veterans home. The next $500,000 shall 35 -76- LSB 5107XG (62) 84 pf/jp 76/ 101
S.F. _____ H.F. _____ remain available to be used for the purposes of the Iowa 1 veterans home. Any remaining balance shall revert to the 2 general fund of the state. 3 MEDICAL ASSISTANCE 4 Sec. 58. 2011 Iowa Acts, chapter 129, section 10, subsection 5 20, paragraph d, is amended to read as follows: 6 d. If the savings to the medical assistance program exceed 7 the cost, the department may transfer any savings generated 8 for the fiscal year due to medical assistance program cost 9 containment efforts initiated pursuant to 2010 Iowa Acts, 10 chapter 1031, Executive Order No. 20, issued December 16, 11 2009, or cost containment strategies initiated pursuant 12 to this subsection, to the appropriation appropriations 13 made in this division of this Act for medical contracts or 14 general administration to defray the increased contract costs 15 associated with implementing such efforts. 16 Sec. 59. EFFECTIVE DATE PROVISIONS. This division of this 17 Act, being deemed of immediate importance, takes effect upon 18 enactment. 19 Sec. 60. RETROACTIVE APPLICABILITY. The section of 20 this division of this Act relating to the transfer of funds 21 from costs savings under the medical assistance program to 22 appropriations for medical contracts or general administration 23 for the fiscal year beginning July 1, 2011, and ending June 30, 24 2012, applies retroactively to July 1, 2011. 25 DIVISION VIII 26 MISCELLANEOUS 27 Sec. 61. Section 97B.39, Code 2011, is amended to read as 28 follows: 29 97B.39 Rights not transferable or subject to legal process 30 —— exceptions. 31 The right of any person to any future payment under this 32 chapter is not transferable or assignable, at law or in 33 equity, and the moneys paid or payable or rights existing 34 under this chapter are not subject to execution, levy, 35 -77- LSB 5107XG (62) 84 pf/jp 77/ 101
S.F. _____ H.F. _____ attachment, garnishment, or other legal process, or to the 1 operation of any bankruptcy or insolvency law except for the 2 purposes of enforcing child, spousal, or medical support 3 obligations or marital property orders , or for recovery of 4 medical assistance payments pursuant to section 249A.5 . For 5 the purposes of enforcing child, spousal, or medical support 6 obligations, the garnishment or attachment of or the execution 7 against compensation due a person under this chapter shall 8 not exceed the amount specified in 15 U.S.C. § 1673(b). 9 The system shall comply with the provisions of a marital 10 property order requiring the selection of a particular benefit 11 option, designated beneficiary, or contingent annuitant if 12 the selection is otherwise authorized by this chapter and 13 the member has not received payment of the member’s first 14 retirement allowance. However, a marital property order shall 15 not require the payment of benefits to an alternative payee 16 prior to the member’s retirement, prior to the date the member 17 elects to receive a lump sum distribution of accumulated 18 contributions pursuant to section 97B.53 , or in an amount that 19 exceeds the benefits the member would otherwise be eligible to 20 receive pursuant to this chapter . 21 Sec. 62. Section 135H.10, subsection 3, Code 2011, is 22 amended by striking the subsection. 23 Sec. 63. Section 232.52, Code 2011, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 2A. Notwithstanding subsection 2 and 26 section 907.3A, subsection 1, the court shall not order 27 placement of a child in the state training school or the Iowa 28 juvenile home if that placement is not in accordance with the 29 applicable population limitations established pursuant to 30 section 233A.1, subsection 3, and section 233B.1, subsection 3. 31 DIVISION IX 32 MH/ID/DD SERVICES-RELATED APPROPRIATIONS FOR FISCAL YEAR 33 2012-2013 34 Sec. 64. NEW SECTION . 225C.7A Mental health and disability 35 -78- LSB 5107XG (62) 84 pf/jp 78/ 101
S.F. _____ H.F. _____ services redesign fund. 1 The mental health and disability services redesign fund is 2 created in the state treasury. Moneys credited to the fund 3 shall be appropriated to the department of human services to be 4 used as provided for redesign of mental health and disability 5 services. 6 Sec. 65. RISK POOL FUNDING —— FY 2011-2012. 7 1. All moneys in the property tax relief fund from the 8 appropriation made pursuant to 2011 Iowa Acts, chapter 9 123, section 21, subsection 1, that remain following the 10 distributions made pursuant to 2011 Iowa Acts, chapter 129, 11 section 43, shall be transferred to the appropriation made 12 from the general fund of the state for the medical assistance 13 program for the fiscal year beginning July 1, 2012, in 2011 14 Iowa Acts, chapter 129, section 122. The moneys shall be 15 transferred on the effective date of this section. 16 2. The moneys transferred pursuant to this section shall 17 be used for medical assistance program reimbursement and 18 associated costs as specifically provided in the reimbursement 19 methodologies in effect on July 1, 2011, except as otherwise 20 expressly authorized by law, and consistent with options under 21 federal law and regulations. 22 Sec. 66. REPLACEMENT GENERATION TAX —— LEVY RATES. If the 23 repeal of chapter 426B in this division of this Act is enacted 24 after the department of management has revised county certified 25 budgets and rates of taxation pursuant to section 426B.2, 26 subsection 3, paragraph “b”, during the period beginning May 27 1, 2012, and ending June 30, 2012, the revisions shall be 28 rescinded and the department of management shall expeditiously 29 report that fact to the county auditors. 30 Sec. 67. MH/DS REDESIGN FUND —— GENERAL FUND 31 APPROPRIATION. There is appropriated from the general 32 fund of the state 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 -79- LSB 5107XG (62) 84 pf/jp 79/ 101
S.F. _____ H.F. _____ used for the purposes designated: 1 To be credited to the mental health and disability services 2 redesign fund created in section 225C.7A: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,750,000 4 Sec. 68. MENTAL HEALTH AND DISABILITY SERVICES REDESIGN 5 FUND —— FY 2012-2013. 6 1. Moneys available in the mental health and disability 7 services redesign fund created in section 225C.7A, are 8 appropriated to the department of human services for the fiscal 9 year beginning July 1, 2012, and ending June 30, 2013, to be 10 used as provided in this section. 11 2. a. Notwithstanding sections 249A.12 and 249A.26, 12 moneys appropriated in this section shall be used to pay the 13 nonfederal share of medical assistance program services costs 14 that would otherwise be billed to counties for the following 15 services provided in the fiscal year beginning July 1, 2012: 16 habilitation, targeted case management, and home-based and 17 community-based services waiver services for persons with 18 intellectual disabilities and brain injury. 19 b. Notwithstanding section 249A.12, for the fiscal year 20 beginning July 1, 2012, the state shall pay 88 percent of the 21 nonfederal share of medical assistance program costs provided 22 by community-based intermediate care facilities for persons 23 with mental retardation (ICF/MR). The remaining portion of the 24 nonfederal share of such medical assistance program costs in 25 the fiscal year for community-based ICF/MRs shall be billed to 26 counties as specified in section 249A.12. 27 c. The nonfederal share of the medical assistance services 28 costs for the services specified in this subsection provided 29 for the fiscal year beginning July 1, 2012, shall be paid from 30 the mental health and disability services redesign fund and 31 shall not be billed to counties. 32 3. In accordance with section 249A.12, for the fiscal year 33 beginning July 1, 2012, counties shall remain responsible for 34 the nonfederal share of medical assistance program costs and 35 -80- LSB 5107XG (62) 84 pf/jp 80/ 101
S.F. _____ H.F. _____ related costs to the extent specified by law for the services 1 provided at the state resource centers. 2 4. Of the funds appropriated in this section, for the 3 fiscal year beginning July 1, 2012, $500,000 shall be used to 4 implement the children’s mental health home project proposed 5 by the department of human services and reported to the 6 general assembly’s mental health and disability services study 7 committee in December 2011. Of this amount up to $50,000 may 8 be transferred by the department to the appropriation made to 9 the department for the fiscal year for general administration 10 to be used for associated administrative expenses and for 11 not more than one full-time equivalent position, in addition 12 to those authorized for the fiscal year, to be assigned to 13 implementing the project. 14 5. Of the funds appropriated in this section, up to $400,000 15 may be transferred by the department to the appropriation 16 made to the department for the fiscal year for general 17 administration to support redesign and balancing incentive 18 planning and implementation activities. The funds may be used 19 for contracts or for personnel in addition to the amounts 20 appropriated for and the positions authorized for general 21 administration for the fiscal year. 22 6. Of the funds appropriated in this section, up to 23 $3,000,000 may be transferred by the department to the 24 appropriations made to the department for the fiscal year for 25 general administration or medical contracts to be used to 26 support the development and implementation of standardized 27 assessment tools for persons with mental illness, intellectual 28 disability, developmental disability, or brain injury. 29 7. Moneys remaining in the mental health and disability 30 services redesign fund at the close of the fiscal year shall 31 revert to the general fund of the state. 32 Sec. 69. Section 135.180, subsection 3, Code Supplement 33 2011, is amended to read as follows: 34 3. The program shall provide stipends to support 35 -81- LSB 5107XG (62) 84 pf/jp 81/ 101
S.F. _____ H.F. _____ psychiatrist positions with an emphasis on securing and 1 retaining medical directors at community mental health centers, 2 providers of mental health services to county residents 3 pursuant to a waiver approved under section 225C.7, subsection 4 3 , Code 2011, and hospital psychiatric units that are located 5 in mental health professional shortage areas. 6 Sec. 70. Section 222.73, subsection 2, paragraph b, Code 7 2011, is amended to read as follows: 8 b. The per diem costs billed to each county shall not exceed 9 the per diem costs billed to the county in the fiscal year 10 beginning July 1, 1996. However, the per diem costs billed to 11 a county may be adjusted in a fiscal year to reflect increased 12 costs to the extent of the percentage increase in the total 13 of county fixed budgets pursuant to the allowed growth factor 14 adjustment authorized by the general assembly for that fiscal 15 year in accordance with section 331.439 for mental health and 16 disability services in the previous fiscal year . 17 Sec. 71. Section 225C.4, subsection 1, paragraph h, Code 18 2011, is amended by striking the paragraph. 19 Sec. 72. Section 230.20, subsection 2, paragraph b, Code 20 2011, is amended to read as follows: 21 b. The per diem costs billed to each county shall not exceed 22 the per diem costs billed to the county in the fiscal year 23 beginning July 1, 1996. However, the per diem costs billed 24 to a county may be adjusted annually to reflect increased 25 costs to the extent of the percentage increase in the total 26 of county fixed budgets pursuant to the allowed growth factor 27 adjustment authorized by the general assembly for the fiscal 28 year in accordance with section 331.439 for mental health and 29 disability services in the previous fiscal year . 30 Sec. 73. Section 331.424A, Code Supplement 2011, is amended 31 to read as follows: 32 331.424A County mental health, mental retardation, and 33 developmental disabilities services fund. 34 1. For the purposes of this chapter , unless the context 35 -82- LSB 5107XG (62) 84 pf/jp 82/ 101
S.F. _____ H.F. _____ otherwise requires, “services fund” means the county mental 1 health, mental retardation, and developmental disabilities 2 services fund created in subsection 2 . The county finance 3 committee created in section 333A.2 shall consult with the 4 state commission in adopting rules and prescribing forms for 5 administering the services fund. 6 2. For the fiscal year beginning July 1, 1996, and 7 succeeding fiscal years, county revenues from taxes and other 8 sources designated for mental health, mental retardation, 9 and developmental disabilities services shall be credited 10 to the mental health, mental retardation, and developmental 11 disabilities services fund of the county. The board shall make 12 appropriations from the fund for payment of services provided 13 under the county management plan approved pursuant to section 14 331.439 . The county may pay for the services in cooperation 15 with other counties by pooling appropriations from the fund 16 with other counties or through county regional entities 17 including but not limited to the county’s mental health and 18 developmental disabilities regional planning council created 19 pursuant to section 225C.18 . 20 3. For the fiscal year beginning July 1, 1996, and 21 succeeding fiscal years, receipts from the state or federal 22 government for such services shall be credited to the services 23 fund, including moneys allotted to the county from the state 24 payment made pursuant to section 331.439 and moneys allotted to 25 the county for property tax relief pursuant to section 426B.1 . 26 4. For the fiscal year beginning July 1, 1996, and for each 27 subsequent fiscal year, the county shall certify a levy for 28 payment of services. For each fiscal year, county revenues 29 from taxes imposed by the county credited to the services fund 30 shall not exceed an amount equal to the amount of base year 31 expenditures for services as defined in section 331.438 , less 32 the amount of property tax relief to be received for the fiscal 33 year beginning July 1, 2011, pursuant to section 426B.2 , Code 34 Supplement 2011, in the fiscal year for which the budget is 35 -83- LSB 5107XG (62) 84 pf/jp 83/ 101
S.F. _____ H.F. _____ certified. The county auditor and the board of supervisors 1 shall reduce the amount of the levy certified for the services 2 fund by the amount of property tax relief to be received. A 3 levy certified under this section is not subject to the appeal 4 provisions of section 331.426 or to any other provision in law 5 authorizing a county to exceed, increase, or appeal a property 6 tax levy limit. 7 5. Appropriations specifically authorized to be made from 8 the mental health, mental retardation, and developmental 9 disabilities services fund shall not be made from any other 10 fund of the county. 11 6. This section is repealed July 1, 2013. 12 Sec. 74. Section 331.438, subsection 1, unnumbered 13 paragraph 1, Code Supplement 2011, is amended to read as 14 follows: 15 For the purposes of section 331.424A , this section , and 16 section 331.439 , and chapter 426B , unless the context otherwise 17 requires: 18 Sec. 75. Section 331.438, subsection 2, Code Supplement 19 2011, is amended to read as follows: 20 2. A state payment to a county for a fiscal year shall 21 consist of the sum of the state funding the county is eligible 22 to receive from the property tax relief fund in accordance 23 with section 426B.2 plus the county’s portion of state 24 funds appropriated for the allowed growth factor adjustment 25 established by the general assembly under section 331.439, 26 subsection 3 , and paid from the allowed growth funding pool in 27 accordance with section 426B.5 for purposes of the county’s 28 services fund . 29 Sec. 76. Section 331.439, subsection 1, unnumbered 30 paragraph 1, Code Supplement 2011, is amended to read as 31 follows: 32 The state payment to eligible counties under this section 33 shall be made as provided in sections section 331.438 and 34 426B.2 . A county is eligible for the state payment, as defined 35 -84- LSB 5107XG (62) 84 pf/jp 84/ 101
S.F. _____ H.F. _____ in section 331.438 , for a fiscal year if the director of human 1 services determines for a specific fiscal year that all of the 2 following conditions are met: 3 Sec. 77. Section 331.439, subsection 1, paragraph a, Code 4 Supplement 2011, is amended to read as follows: 5 a. The county accurately reported by December 1 the 6 county’s expenditures for mental health, mental retardation, 7 and developmental disabilities services and the information 8 required under section 225C.6A, subsection 3 , paragraph “c” , 9 for the previous fiscal year in accordance with rules adopted 10 by the state commission. If the department determines good 11 cause exists, the department may extend a deadline otherwise 12 imposed under this chapter , or chapter 225C , or chapter 426B 13 for a county’s reporting concerning mental health, mental 14 retardation, or developmental disabilities services or related 15 revenues and expenditures. 16 Sec. 78. Section 331.439, subsection 3, Code Supplement 17 2011, is amended to read as follows: 18 3. a. For the fiscal year beginning July 1, 1996, 19 and succeeding fiscal years, the county’s mental health, 20 mental retardation, and developmental disabilities service 21 expenditures for a fiscal year are limited to a fixed budget 22 amount. The fixed budget amount shall be the amount identified 23 in the county’s management plan and budget for the fiscal 24 year. The county shall be authorized an allowed growth factor 25 adjustment as established by statute for services paid from 26 the county’s services fund under section 331.424A which is 27 in accordance with the county’s management plan and budget, 28 implemented pursuant to this section . The statute establishing 29 the allowed growth factor adjustment shall establish the 30 adjustment for the fiscal year which commences two years from 31 the beginning date of the fiscal year in progress at the time 32 the statute is enacted. 33 b. Based upon information contained in county management 34 plans and budgets and proposals made by representatives of 35 -85- LSB 5107XG (62) 84 pf/jp 85/ 101
S.F. _____ H.F. _____ counties, the state commission shall recommend an allowed 1 growth factor adjustment to the governor by November 15 2 for the fiscal year which commences two years from the 3 beginning date of the fiscal year in progress at the time the 4 recommendation is made. The allowed growth factor adjustment 5 may address various costs including but not limited to the 6 costs associated with new consumers of service, service cost 7 inflation, and investments for economy and efficiency. In 8 developing the service cost inflation recommendation, the state 9 commission shall consider the cost trends indicated by the 10 gross expenditure amount reported in the expenditure reports 11 submitted by counties pursuant to subsection 1 , paragraph 12 “a” . The governor shall consider the state commission’s 13 recommendation in developing the governor’s recommendation for 14 an allowed growth factor adjustment for such fiscal year. The 15 governor’s recommendation shall be submitted at the time the 16 governor’s proposed budget for the succeeding fiscal year is 17 submitted in accordance with chapter 8 . 18 c. The amount of the appropriation required to fund the 19 allowed growth factor adjustment for a fiscal year shall be 20 calculated by applying the adjustment established by statute 21 for that fiscal year to the sum of the following: 22 (1) The total amount of base year expenditures for all 23 counties. 24 (2) The total amount of the appropriations for allowed 25 growth factor adjustments made to all counties in all of the 26 fiscal years prior to that fiscal year. 27 Sec. 79. Section 426B.6, Code Supplement 2011, is amended 28 to read as follows: 29 426B.6 Future repeal. 30 This chapter is repealed July 1, 2013 2012 . 31 Sec. 80. Section 437A.8, subsection 4, paragraph d, Code 32 2011, is amended to read as follows: 33 d. (1) Notwithstanding paragraph “a” , a taxpayer who owns 34 or leases a new electric power generating plant and who has 35 -86- LSB 5107XG (62) 84 pf/jp 86/ 101
S.F. _____ H.F. _____ no other operating property in the state of Iowa except for 1 operating property directly serving the new electric power 2 generating plant as described in section 437A.16 shall pay 3 the replacement generation tax associated with the allocation 4 of the local amount to the county treasurer of the county in 5 which the local amount is located and shall remit the remaining 6 replacement generation tax, if any, to the director according 7 to paragraph “a” for remittance of the tax to county treasurers. 8 The director shall notify each taxpayer on or before August 31 9 following a tax year of its remaining replacement generation 10 tax to be remitted to the director. All remaining replacement 11 generation tax revenues received by the director shall 12 be deposited in the property tax relief mental health and 13 disability services redesign fund created in section 426B.1 , 14 and shall be distributed as provided in section 426B.2 section 15 225C.7A . 16 (2) If a taxpayer has paid an amount of replacement tax, 17 penalty, or interest which was deposited into the property tax 18 relief mental health and disability services redesign fund and 19 which was not due, all of the provisions of section 437A.14, 20 subsection 1 , paragraph “b” , shall apply with regard to any 21 claim for refund or credit filed by the taxpayer. The director 22 shall have sole discretion as to whether the erroneous payment 23 will be refunded to the taxpayer or credited against any 24 replacement tax due, or to become due, from the taxpayer that 25 would be subject to deposit in the property tax relief mental 26 health and disability services redesign fund. 27 Sec. 81. Section 437A.15, subsection 3, paragraph f, Code 28 Supplement 2011, is amended to read as follows: 29 f. Notwithstanding the provisions of this section , if 30 a taxpayer is a municipal utility or a municipal owner of 31 an electric power facility financed under the provisions 32 of chapter 28F or 476A , the assessed value, other than the 33 local amount, of a new electric power generating plant shall 34 be allocated to each taxing district in which the municipal 35 -87- LSB 5107XG (62) 84 pf/jp 87/ 101
S.F. _____ H.F. _____ utility or municipal owner is serving customers and has 1 electric meters in operation in the ratio that the number of 2 operating electric meters of the municipal utility or municipal 3 owner located in the taxing district bears to the total number 4 of operating electric meters of the municipal utility or 5 municipal owner in the state as of January 1 of the tax year. 6 If the municipal utility or municipal owner of an electric 7 power facility financed under the provisions of chapter 28F 8 or 476A has a new electric power generating plant but the 9 municipal utility or municipal owner has no operating electric 10 meters in this state, the municipal utility or municipal owner 11 shall pay the replacement generation tax associated with the 12 new electric power generating plant allocation of the local 13 amount to the county treasurer of the county in which the local 14 amount is located and shall remit the remaining replacement 15 generation tax, if any, to the director at the times contained 16 in section 437A.8, subsection 4 , for remittance of the tax to 17 the county treasurers. All remaining replacement generation 18 tax revenues received by the director shall be deposited 19 in the property tax relief mental health and disability 20 services redesign fund created in section 426B.1 , and shall be 21 distributed as provided in section 426B.2 section 225C.7A . 22 Sec. 82. Section 445.5, subsection 1, paragraph h, Code 23 Supplement 2011, is amended by striking the paragraph. 24 Sec. 83. 2011 Iowa Acts, chapter 129, section 135, is 25 amended to read as follows: 26 SEC. 135. 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 -88- LSB 5107XG (62) 84 pf/jp 88/ 101
S.F. _____ H.F. _____ To be credited to the mental health and disability services 1 redesign fund created by this division of this 2012 Act : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,084,741 3 12,169,482 4 2. For the fiscal year beginning July 1, 2012, and ending 5 June 30, 2013, $100,000 is allocated for state case services 6 from the amounts appropriated from the fund created in section 7 8.41 to the department of human services from the funds 8 received from the federal government under 42 U.S.C. ch. 6A, 9 subch. XVII, relating to the community mental health center 10 block grant, for the federal fiscal years beginning October 11 1, 2010, and ending September 30, 2011, beginning October 1, 12 2011, and ending September 30, 2012, and beginning October 1, 13 2012, and ending September 30, 2013. The allocation made in 14 this subsection shall be made prior to any other distribution 15 allocation of the appropriated federal funds. 16 3. Notwithstanding section 8.33, moneys appropriated in 17 this section that remain unencumbered or unobligated at the 18 close of the fiscal year shall not revert but shall remain 19 available for expenditure for the purposes designated until the 20 close of the succeeding fiscal year. 21 Sec. 84. 2011 Iowa Acts, chapter 129, section 136, is 22 amended to read as follows: 23 SEC. 136. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 24 —— COMMUNITY SERVICES FUND. There is appropriated from 25 the general fund of the state to the mental health and 26 developmental disabilities community services fund created in 27 section 225C.7 department of human services for the fiscal year 28 beginning July 1, 2012, and ending June 30, 2013, the following 29 amount, or so much thereof as is necessary, to be used for the 30 purpose designated: 31 For mental health and developmental disabilities community 32 services in accordance with this division of this Act To be 33 credited to the mental health and disability services redesign 34 fund created by this division of this 2012 Act : 35 -89- LSB 5107XG (62) 84 pf/jp 89/ 101
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,211,100 1 1. Of the funds appropriated in this section, $14,187,556 2 shall be allocated to counties for funding of community-based 3 mental health and developmental disabilities services. The 4 moneys shall be allocated to a county as follows: 5 a. Fifty percent based upon the county’s proportion of the 6 state’s population of persons with an annual income which is 7 equal to or less than the poverty guideline established by the 8 federal office of management and budget. 9 b. Fifty percent based upon the county’s proportion of the 10 state’s general population. 11 2. a. A county shall utilize the funding the county 12 receives pursuant to subsection 1 for services provided to 13 persons with a disability, as defined in section 225C.2. 14 However, no more than 50 percent of the funding shall be used 15 for services provided to any one of the service populations. 16 b. A county shall use at least 50 percent of the funding the 17 county receives under subsection 1 for contemporary services 18 provided to persons with a disability, as described in rules 19 adopted by the department. 20 3. Of the funds appropriated in this section, $23,544 21 shall be used to support the Iowa compass program providing 22 computerized information and referral services for Iowans with 23 disabilities and their families. 24 4. a. Funding appropriated for purposes of the federal 25 social services block grant is allocated for distribution 26 to counties for local purchase of services for persons with 27 mental illness or mental retardation or other developmental 28 disability. 29 b. The funds allocated in this subsection shall be expended 30 by counties in accordance with the county’s county management 31 plan approved by the board of supervisors. A county without 32 an approved county management plan shall not receive allocated 33 funds until the county’s management plan is approved. 34 c. The funds provided by this subsection shall be allocated 35 -90- LSB 5107XG (62) 84 pf/jp 90/ 101
S.F. _____ H.F. _____ to each county as follows: 1 (1) 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 (2) Fifty percent based upon the amount provided to the 6 county for local purchase of services in the preceding fiscal 7 year. 8 5. A county is eligible for funds under this section if the 9 county qualifies for a state payment as described in section 10 331.439. 11 6. The most recent population estimates issued by the United 12 States bureau of the census shall be applied for the population 13 factors utilized in this section. 14 Sec. 85. 2011 Iowa Acts, chapter 129, section 154, is 15 amended to read as follows: 16 SEC. 154. MENTAL HEALTH, MENTAL RETARDATION, AND 17 DEVELOPMENTAL DISABILITIES SERVICES PROPERTY TAX 18 RELIEF. Notwithstanding In lieu of the standing appropriation 19 in section 426B.1, subsection 2, Code Supplement 2011, for 20 the fiscal year beginning July 1, 2012, and ending June 30, 21 2013, the amount there is appropriated from the general fund of 22 the state pursuant to that provision shall not exceed to the 23 department of human services the following amount or so much 24 thereof as is necessary to be used for the purposes designated : 25 To be credited to the mental health and disability services 26 redesign fund created by this division of this 2012 Act: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 81,199,911 28 Sec. 86. 2011 Iowa Acts, chapter 129, section 155, is 29 amended to read as follows: 30 SEC. 155. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— 31 FY 2012-2013. 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, 2012, and ending June 30, 2013, the following 35 -91- LSB 5107XG (62) 84 pf/jp 91/ 101
S.F. _____ H.F. _____ amount, or so much thereof as is necessary, to be used for the 1 purpose designated: 2 For distribution to counties of the county mental health, 3 mental retardation, and developmental disabilities allowed 4 growth factor adjustment for fiscal year 2012-2013 as provided 5 in this section in lieu of the allowed growth factor provisions 6 of section 331.438, subsection 2, and section 331.439, 7 subsection 3, and chapter 426B To be credited to the mental 8 health and disability services redesign fund created by this 9 division of this 2012 Act : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 74,697,893 11 2. Of the amount appropriated in this section, $38,000,000 12 shall be distributed as provided in this subsection. 13 a. To be eligible to receive a distribution under this 14 subsection, a county must meet the following requirements: 15 (1) The county is levying for the maximum amount allowed 16 for the county’s mental health, mental retardation, and 17 developmental disabilities services fund under section 331.424A 18 for taxes due and payable in the fiscal year beginning July 1, 19 2012, or the county is levying for at least 90 percent of the 20 maximum amount allowed for the county’s services fund and that 21 levy rate is more than $2 per $1,000 of the assessed value of 22 all taxable property in the county. 23 (2) In the fiscal year beginning July 1, 2010, the 24 county’s mental health, mental retardation, and developmental 25 disabilities services fund ending balance under generally 26 accepted accounting principles was equal to or less than 15 27 percent of the county’s actual gross expenditures for that 28 fiscal year. 29 b. The amount of a county’s distribution from the allocation 30 made in this subsection shall be determined based upon the 31 county’s proportion of the general population of the counties 32 eligible to receive a distribution under this subsection. The 33 most recent population estimates issued by the United States 34 bureau of the census shall be applied in determining population 35 -92- LSB 5107XG (62) 84 pf/jp 92/ 101
S.F. _____ H.F. _____ for the purposes of this paragraph. 1 c. The distributions made pursuant to this subsection 2 are subject to the distribution provisions and withholding 3 requirements established in this section for the county mental 4 health, mental retardation, and developmental disabilities 5 allowed growth factor adjustment for the fiscal year beginning 6 July 1, 2012. 7 3. The following amount of the funding appropriated in this 8 section is the allowed growth factor adjustment for fiscal 9 year 2012-2013, and shall be credited to the allowed growth 10 funding pool created in the property tax relief fund and for 11 distribution in accordance with section 426B.5, subsection 1: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,697,893 13 4. The following formula amounts shall be utilized only 14 to calculate preliminary distribution amounts for the allowed 15 growth factor adjustment for fiscal year 2012-2013 under this 16 section by applying the indicated formula provisions to the 17 formula amounts and producing a preliminary distribution total 18 for each county: 19 a. For calculation of a distribution amount for eligible 20 counties from the allowed growth funding pool created in the 21 property tax relief fund in accordance with the requirements in 22 section 426B.5, subsection 1: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 49,773,346 24 b. For calculation of a distribution amount for counties 25 from the mental health and developmental disabilities (MH/DD) 26 community services fund in accordance with the formula provided 27 in the appropriation made for the MH/DD community services fund 28 for the fiscal year beginning July 1, 2012: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,187,556 30 5. a. After applying the applicable statutory distribution 31 formulas to the amounts indicated in subsection 4 for purposes 32 of producing preliminary distribution totals, the department 33 of human services shall apply a withholding factor to adjust 34 an eligible individual county’s preliminary distribution 35 -93- LSB 5107XG (62) 84 pf/jp 93/ 101
S.F. _____ H.F. _____ total. In order to be eligible for a distribution under this 1 section, a county must be levying 90 percent or more of the 2 maximum amount allowed for the county’s mental health, mental 3 retardation, and developmental disabilities services fund under 4 section 331.424A for taxes due and payable in the fiscal year 5 for which the distribution is payable. 6 b. An ending balance percentage for each county shall 7 be determined by expressing the county’s ending balance on a 8 modified accrual basis under generally accepted accounting 9 principles for the fiscal year beginning July 1, 2010, in the 10 county’s mental health, mental retardation, and developmental 11 disabilities services fund created under section 331.424A, as a 12 percentage of the county’s gross expenditures from that fund 13 for that fiscal year. If a county borrowed moneys for purposes 14 of providing services from the county’s services fund on or 15 before July 1, 2010, and the county’s services fund ending 16 balance for that fiscal year includes the loan proceeds or an 17 amount designated in the county budget to service the loan for 18 the borrowed moneys, those amounts shall not be considered 19 to be part of the county’s ending balance for purposes of 20 calculating an ending balance percentage under this subsection. 21 c. For purposes of calculating withholding factors and for 22 ending balance amounts used for other purposes under law, the 23 county ending balances shall be adjusted, using forms developed 24 for this purpose by the county finance committee, to disregard 25 the temporary funding increase provided to the counties for 26 the fiscal year through the federal American Recovery and 27 Reinvestment Act of 2009, Pub. L. No. 111-5. In addition, a 28 county may adjust the ending balance amount by rebating to the 29 department all or a portion of the allowed growth and MH/DD 30 services fund moneys the county received for the fiscal year 31 beginning July 1, 2011, in accordance with this Act, or from 32 any other services fund moneys available to the county. The 33 rebate must be remitted to the department on or before June 1, 34 2012, in order to be counted. The amount rebated by a county 35 -94- LSB 5107XG (62) 84 pf/jp 94/ 101
S.F. _____ H.F. _____ shall be subtracted dollar-for-dollar from the county’s ending 1 balance amount for the fiscal year beginning July 1, 2010, 2 for purposes of calculating the withholding factor and for 3 other ending balance purposes for the fiscal year beginning 4 July 1, 2012. The rebates received by the department shall be 5 credited to the property tax relief fund and distributed as 6 additional funding for the fiscal year beginning July 1, 2012, 7 in accordance with the formula provisions in this section. 8 d. The withholding factor for a county shall be the 9 following applicable percent: 10 (1) For an ending balance percentage of less than 5 11 percent, a withholding factor of 0 percent. In addition, 12 a county that is subject to this lettered paragraph shall 13 receive an inflation adjustment equal to 3 percent of the gross 14 expenditures reported for the county’s services fund for the 15 fiscal year. 16 (2) For an ending balance percentage of 5 percent or more 17 but less than 10 percent, a withholding factor of 0 percent. 18 In addition, a county that is subject to this lettered 19 paragraph shall receive an inflation adjustment equal to 2 20 percent of the gross expenditures reported for the county’s 21 services fund for the fiscal year. 22 (3) For an ending balance percentage of 10 percent or more 23 but less than 25 percent, a withholding factor of 25 percent. 24 However, for counties with an ending balance of 10 percent or 25 more but less than 15 percent, the amount withheld shall be 26 limited to the amount by which the county’s ending balance was 27 in excess of the ending balance percentage of 10 percent. 28 (4) For an ending balance percentage of 25 percent or more, 29 a withholding percentage of 100 percent. 30 6. The total withholding amounts applied pursuant to 31 subsection 5 shall be equal to a withholding target amount of 32 $13,075,453. If the department of human services determines 33 that the amount appropriated is insufficient or the amount to 34 be withheld in accordance with subsection 5 is not equal to 35 -95- LSB 5107XG (62) 84 pf/jp 95/ 101
S.F. _____ H.F. _____ the target withholding amount, the department shall adjust the 1 withholding factors listed in subsection 5 as necessary to 2 achieve the target withholding amount. However, in making such 3 adjustments to the withholding factors, the department shall 4 strive to minimize changes to the withholding factors for those 5 ending balance percentage ranges that are lower than others and 6 shall only adjust the zero withholding factor or the inflation 7 adjustment percentages specified in subsection 5, paragraph 8 “d”, when the amount appropriated is insufficient. 9 Sec. 87. REPEAL. Sections 225C.7 and 225C.12, Code 2011, 10 are repealed. 11 Sec. 88. EFFECTIVE UPON ENACTMENT. The sections of 12 this division of this Act relating to risk pool funding 13 remaining after the distributions made pursuant to 2011 Iowa 14 Acts, chapter 129, section 43, and addressing revisions of 15 county certified budgets and levy rates by the department of 16 management during the period beginning May 1, 2012, and ending 17 June 30, 2012, being deemed of immediate importance, take 18 effect upon enactment. 19 EXPLANATION 20 This bill relates to appropriations for health and human 21 services for fiscal year 2012-2013 to the department of 22 veterans affairs, the Iowa veterans home, the department on 23 aging, the department of public health, the Iowa finance 24 authority, the state board of regents, the department of 25 inspections and appeals, and the department of human services. 26 The appropriations were previously enacted in 2011 Iowa Acts, 27 chapter 129 (H.F. 649). The bill is organized into divisions. 28 DEPARTMENT ON AGING. This division amends appropriations 29 made from the general fund of the state for the department on 30 aging. 31 DEPARTMENT OF PUBLIC HEALTH. This division amends 32 appropriations made from the general fund of the state for the 33 department of public health. 34 DEPARTMENT OF VETERANS AFFAIRS. This division amends 35 -96- LSB 5107XG (62) 84 pf/jp 96/ 101
S.F. _____ H.F. _____ appropriations made from the general fund of the state for the 1 department of veterans affairs. 2 DEPARTMENT OF HUMAN SERVICES. This division amends 3 appropriations made from the general fund of the state and the 4 federal temporary assistance for needy families block grant to 5 the department of human services (DHS). The allocation for the 6 family development and self-sufficiency grant program is made 7 directly to the department of human rights. 8 Appropriations are made from the health care trust fund for 9 the medical assistance (Medicaid) program in addition to the 10 general fund appropriations made for this purpose. 11 The reimbursement section addresses reimbursement for 12 providers reimbursed by the department of human services. 13 PHARMACEUTICAL SETTLEMENT ACCOUNT, IOWACARE ACCOUNT, 14 NONPARTICIPATING PROVIDER REIMBURSEMENT FUND, HEALTH CARE 15 TRANSFORMATION ACCOUNT, MEDICAID FRAUD FUND, QUALITY ASSURANCE 16 TRUST FUND, AND HOSPITAL HEALTH CARE ACCESS TRUST FUND. This 17 division amends appropriations made for fiscal year 2012-2013. 18 The appropriation from the pharmaceutical settlement account 19 to the department of human services supplements the Medicaid 20 program medical contracts appropriation. 21 The appropriations from the IowaCare account are made to 22 the state board of regents for distribution to the university 23 of Iowa hospitals and clinics and to the department of human 24 services for distribution to a publicly owned acute care 25 teaching hospital in a county with a population over 350,000 26 related to the IowaCare program and indigent care. 27 The appropriation from the nonparticipating provider 28 reimbursement fund is made to the department of human services 29 to reimburse nonparticipating providers under the IowaCare 30 program. 31 The appropriations to the department of human services from 32 the account for health care transformation are directed to 33 various health care reform initiatives. 34 The appropriations made to supplement the Medicaid program 35 -97- LSB 5107XG (62) 84 pf/jp 97/ 101
S.F. _____ H.F. _____ are from the following funds and account: quality assurance 1 trust fund, hospital health care access trust fund, and 2 Medicaid fraud fund. 3 The bill repeals 2011 Iowa Acts, chapter 129, section 149, 4 which makes appropriations from the Medicaid fraud fund to 5 the department of inspections and appeals for the fiscal year 6 beginning July 1, 2011, for costs relating to assisted living 7 programs and adult day care services. 8 The bill repeals 2011 Iowa Acts, chapter 129, section 153, 9 which provides that if the total amounts appropriated from 10 all sources for the medical assistance program for fiscal 11 year 2012-2013 exceed the amount needed, the excess remains 12 available to be used for the program in the succeeding fiscal 13 year. 14 CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD ENROLLMENT 15 CONTINGENCY FUND. This division makes appropriations provided 16 through the federal child enrollment contingency fund to the 17 department of human services for fiscal years 2011-2012 and 18 2012-2013. The section making appropriations for fiscal year 19 2011-2012 takes effect upon enactment and is retroactively 20 applicable to July 1, 2011. 21 MISCELLANEOUS. This division provides miscellaneous 22 statutory amendments. 23 Code section 97B.39, relating to Iowa public employees’ 24 retirement system (IPERS) payments, is amended to include 25 recovery of Medicaid program payments related to estate 26 recovery in the list of exceptions that allow IPERS payments 27 to be subject to execution, levy, attachment, garnishment, 28 or other legal process, or to the operation of bankruptcy or 29 insolvency law. 30 Code section 135H.10, relating to administrative rules 31 addressing psychiatric medical institutions for children 32 (PMICs) is amended to strike a prohibition against the 33 department of human services including services provided by 34 PMICs in any managed care contract. 35 -98- LSB 5107XG (62) 84 pf/jp 98/ 101
S.F. _____ H.F. _____ Code section 232.52, relating to the disposition of a 1 child found to have committed a delinquent act, is amended 2 to prohibit the court from ordering a placement in the state 3 training school at Eldora or the Iowa juvenile home at Toledo 4 if the placement is not in accordance with the population 5 guidelines established for those facilities. 6 MH/MR/DD SERVICES FUNDING FOR FISCAL YEAR 2012-2013. This 7 division revises various standing and other appropriations 8 for mental health, mental retardation, and developmental 9 disabilities (MH/MR/DD) for fiscal years 2011-2012 and 10 2012-2013. 11 Moneys in the property tax relief fund from the 12 appropriation made pursuant to 2011 Iowa Acts, chapter 123 13 (SF 209), section 21, subsection 1, that remain following the 14 distributions to counties made pursuant to 2011 Iowa Acts, 15 chapter 129, section 43, are required to be transferred to the 16 appropriation made from the general fund of the state for the 17 medical assistance program in 2011 Iowa Acts, chapter 129, 18 section 10. The transfer is to be made on the effective date 19 of the provision. 20 A mental health and disability services redesign fund 21 is created in new Code section 225C.7A. The following 22 appropriations made for that fiscal year in 2011 Iowa Acts, 23 chapter 129, are amended to be credited to the fund: MI/MR/DD 24 state cases in section 135, MH/DD community services fund in 25 section 136, MH/MR/DD property tax relief funding pursuant 26 to Code section 426B.1, as amended by section 154, and adult 27 MH/MR/DD allowed growth funding in section 155. Moneys in 28 the fund are appropriated to the department to be used to pay 29 the nonfederal share of medical assistance program services 30 costs that would otherwise be billed to counties for the 31 following services provided in the fiscal year beginning July 32 1, 2012: habilitation, targeted case management, and home 33 and community-based services waiver services for persons with 34 intellectual disabilities and brain injury, and 88 percent 35 -99- LSB 5107XG (62) 84 pf/jp 99/ 101
S.F. _____ H.F. _____ of services provided by community-based intermediate care 1 facilities for persons with mental retardation (ICF/MR). 2 Counties remain responsible for the remaining portion of the 3 nonfederal share of such medical assistance program costs in 4 the fiscal year for community-based ICF/MRs and for all of the 5 nonfederal share for the state resource centers. Provisions 6 in Code sections 249A.12 and 249A.26 that would otherwise 7 require counties to pay the entire nonfederal share are made 8 inapplicable for the fiscal year. Allocations from the fund 9 are specified for other purposes associated with redesign of 10 mental health and disability services. 11 An existing repeal of Code chapter 426B, relating to county 12 property tax relief for MH/MR/DD services, on July 1, 2013, is 13 changed to July 1, 2012. Conforming amendments are made to 14 various Code provisions. 15 Code section 445.5, requiring the county treasurer to notify 16 each land titleholder of the amount of property tax reduction 17 on each parcel as a result of the moneys received from the 18 state property tax relief fund, is amended to eliminate the 19 requirement. 20 Current law provides for certain electrical power 21 replacement generation tax revenues to be credited to the 22 property tax relief fund for distribution to counties to 23 reduce mental health, mental retardation, and developmental 24 disabilities levies. The property tax relief fund and the 25 county levy provisions are repealed effective July 1, 2013, 26 pursuant to 2011 Iowa Acts, chapter 123 (SF 209). The bill 27 provides for the revenues to instead be deposited in the new 28 mental health and disability services redesign fund. The bill 29 amends these Code sections to reflect the change: section 30 437A.8, relating to return and payment requirements for taxes 31 on electricity and natural gas providers; and section 437A.15, 32 relating to allocation of replacement tax revenues. 33 Code section 225C.7, creating the MH/DD community services 34 fund, and Code section 225C.12, providing for partial 35 -100- LSB 5107XG (62) 84 pf/jp 100/ 101
S.F. _____ H.F. _____ reimbursement to counties for local inpatient mental health 1 care and treatment, are both repealed and conforming amendments 2 are included. 3 Current law provides for the department of management 4 to reduce county-certified budgets and levy rates for the 5 succeeding fiscal year to reflect the replacement tax revenues 6 in the fund as of May 1, 2012. If the repeal of Code chapter 7 426B in the division is enacted after the department has 8 applied the reductions, the reductions are rescinded, and the 9 department is required to expeditiously notify the county 10 auditors. 11 -101- LSB 5107XG (62) 84 pf/jp 101/ 101